Commission Delegated Regulation (EU) 2022/2588 of 20 October 2022 amending Regulation (EU) 2019/1241 of the European Parliament and of the Council as regards technical measures for certain demersal and pelagic fisheries in the Celtic Sea, the Irish Sea and the West of Scotland

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 ¹, and in particular Article 15(2) thereof,

Whereas:

• (1) On 14 August 2019, Regulation (EU) 2019/1241 (the “Technical Measures Regulation”) on the conservation measures of fisheries resources and the protection of marine ecosystems through technical measures entered into force. This Regulation contributes to the objectives under Article 2 of the CFP Regulation, including the achievement of environmental objectives under Directives 92/43/EEC, 2000/60/EC and 2008/56/EC. It establishes in Annex VI specific provisions regarding technical measures at regional level for the Union waters in the North Western Waters.

• (2) The North Western Waters Member States (Belgium, Ireland, Spain, France and the Netherlands) submitted a joint recommendation to the Commission on 10 June 2022. This JR (1) extends the application of the existing technical measures introduced by Commission Delegated Regulation (EU) 2021/2324 until 31 December 2023, (2) amends the technical specification of the uppermost part of the dual cod-end in the Nephrops fishery in ICES divisions 7b-7e and 7g-7k (Celtic Sea), and (3) removes part of the measure in the Irish Sea.

• (3) The adoption of specific technical measures to reduce by-catch of cod and whiting in the Celtic sea and adjacent areas are intended to help achieving the objectives of conservation measures, the multiannual plans and the discard plan in the North Western Waters. In the Celtic Sea, remedial measures for stocks with biomass at levels below Blim are intended to implement requirements of Article 8 of Regulation (EU) 2019/472 (of the European Parliament and of the Council of 19 March 2019) to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing MSY.

• (4) The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the JR in June 2022. Following the STECF advice, the Commission invited Member States to align the JR with the scientific evaluation. Accordingly, Member States submitted a revised JR on August 2022.

• (5) The measures in this Regulation applicable to Union waters are intended to meet the objectives set out in Article 494(1) and (2) of the EU-UK Trade and Cooperation Agreement, and concern the principles referred to in Article 494(3) of that Agreement. They do not affect any measures applicable in waters of the United Kingdom of Great Britain and Northern Ireland.

• (6) The measures included in this Regulation have been evaluated in accordance with Article 15 of Regulation (EU) 2019/1241. Member States provided evidence to demonstrate that the proposals comply with Article 15(4) and (5) of Regulation (EU) 2019/1241.

• (7) The Fisheries Expert Group was consulted on the JR on 14 September 2022.

• (8) The JR suggested extending the specific technical measures to reduce bycatches of cod and whiting in the Celtic Sea and adjacent areas based on the remedial measures that were in place in 2022 ². These specific technical measures concern fishing with bottom trawls and seines in the Union waters of ICES divisions 7g, the part of 7h north of latitude 49° 30' north and the part of 7j north of latitude 49° 30' north and east of longitude 11° west as well as vessels fishing with bottom trawls whose catches measured before any discards consist of at least 20 % of haddock. The STECF concluded ³ that the gears proposed by these measures are more selective than the ones proposed by the measures included in Regulation (EU) 2019/1241. The existing measures should therefore be extended up to 31 December 2023.

• (9) The JR suggested extending specific conditions for the Celtic Sea in relation to the catch composition, in particular when the by-catches of cod do not exceed 1,5% of weight of all marine biological resources landed after each fishing trip. The STECF is generally reluctant to set conditions based on bycatch thresholds given the poor status of the stocks in these areas. However, the STECF also noted ⁴ that, even if the 1,5% cod bycatch rule were not exceeded by any trip, the alternative gears specified in the JR would still be more selective than the baseline gears in Regulation (EU) 2019/1241. The existing condition in relation to the catch composition should therefore be extended up to 31 December 2023.

• (10) The JR suggested extending the specific technical measures for bottom trawls and seines in Union waters of ICES divisions from 7g to 7k and in the area west of 5° W longitude in ICES division 7e. The STECF concluded that these measures are more selective than the ones proposed by the measures included in Regulation (EU) 2019/1241. These existing measures should therefore be extended up to 31 December 2023.

• (11) The JR suggested extending specific conditions in the Celtic Sea when the catch comprises more than 30% of Norway lobster. The STECF concluded ⁵ that overall, the proposed options are more selective or at least equivalent to the gears specified in the derogations for directed fishery of Regulation (EU) 2019/1241. These existing measures should therefore be extended up to 31 December 2023. In relation to the dual cod-end specifications, the JR proposed the increase of the mesh-size of the uppermost part of the dual cod-end from 90 mm to 100 mm for vessels operating with bottom trawls or seines in the Nephrops fishery in ICES divisions 7b-e and 7g-k (Celtic Sea). The STECF assessed the new technical specifications and concluded that it has the potential to reduce bycatch of unwanted species while maintaining catches of target species. The technical specification should therefore be amended accordingly.

• (12) The JR suggested extending specific conditions in the Celtic Sea when catches comprise more than 55% of whiting or 55% of anglerfish, hake or megrim combined. Although the STECF is reluctant to introduce conditions in relation to catch composition ⁶, it concludes that the proposed measures are still more selective than the baseline measures introduced by Regulation (EU) 2019/1241. These existing measures should therefore be extended up to 31 December 2023.

• (13) The JR proposes extending technical measures in the West of Scotland. With the adoption of the 120 mm baseline gear in the West of Scotland, STECF concluded that the proposed inclusion of a baseline gear derogation is likely to improve the selectivity of cod, haddock and whiting. These measures should therefore be extended up to 31 December 2023.

• (14) The JR suggested extending specific technical measures in the Irish Sea for fishing with bottom trawls or seines with a cod-end mesh size equal to or larger than 70 mm and smaller than 100 mm and with catches comprising more than 30% of Norway lobster. The STECF concluded ⁷ that these gears are likely to reduce the catches of cod, haddock and whiting in comparison to the measures laid out in Regulation (EU) 2019/1241. These existing measures should therefore be extended up to 31 December 2023.

• (15) In order to optimise exploitation patterns, increase gear selectivity and reduce unwanted catches it is therefore appropriate to adopt the technical measures proposed by the Member States.

• (16) As the measures provided for in this Regulation have a direct impact on fishing-season planning for vessels and on related economic activities, this Regulation should enter into force on the day following that of its publication. It should apply from 1 January 2023

HAS ADOPTED THIS REGULATION:

Article 1

Annex VI to Regulation (EU) 2019/1241 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2022.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX

Annex VI to Regulation (EU) 2019/1241 is amended as follows:

• (1) Part B is amended as follows:

• (a) point 1.3.2 (a) is replaced as follows:

• (a) “vessels operating with bottom trawls or seines with catches comprising more than 30% of Norway lobster shall use one of the following gears :

• (i) 300 mm squared mesh panel; vessels below 12 meters in length over all may use a 200 mm square mesh panel;

• (ii) Seltra panel;

• (iii) Sorting grid with a 35 mm bar spacing or a similar Netgrid selectivity device;

• (iv) 100 mm cod-end with a 100 mm square mesh panel;

• (v) Dual cod-end with the uppermost cod-end constructed with T90 mesh of at least 100 mm and fitted with a separation panel with a maximum mesh size of 300 mm;”

• (b) point 1.4.2 is replaced as follows:

• “1.4.2. The following shall apply to fishing vessels operating with bottom trawls or seines in ICES division 7a (Irish Sea):

• (a) vessels operating with bottom trawls or seines with a cod-end mesh size equal to or larger than 70 mm and smaller than 100 mm and with catches comprising more than 30% of Norway lobster shall use one of the following gears:

• (i) 300 mm square mesh panel; vessels below 12 meters in length over all may use a 200 mm squared mesh panel;

• (ii) Seltra panel;

• (iii) Sorting grid with 35 mm bar spacing;

• (iv) CEFAS Netgrid;

• (v) Flip-flap trawl;

• (b) vessels equal to or greater than 12 meters in length overall operating with bottom trawls or seines with catches comprising more than 10 % of haddock, cod and skates and rays combined, shall use 120 mm cod-end;

By way of derogation from letters (a) and (b), the use of an alternative fishing gear shall be permitted provided such gears result in at least the same or higher selectivity for cod haddock and whiting. Such gears shall be assessed by the STECF and approved by the Commission and shall fulfil the criteria set by Article 15(4).”

• (c) Point 1.6. is replaced as follows:

• “1.6 Measures in points 1.3 to 1.5 shall be applicable until 31 December 2023.”

• (2) Point 10.2. of Part C is amended as follows:

“Measures in point 10.1 shall be applicable until 31 December 2023.”