Commission Delegated Regulation (EU) 2023/2459 of 22 August 2023 supplementing Regulation (EU) 2018/973 of the European Parliament and of the Council by specifying details of the landing obligation for certain fisheries in the North Sea for the period 2024-2027

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (1), and in particular Article 11 thereof,

Whereas:

(1) Article 11 of Regulation (EU) 2018/973 empowers the Commission, on the basis of joint recommendations developed by Member States, to adopt delegated acts to supplement that Regulation by specifying details of the landing obligation for all stocks of species in the North Sea to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (2), as provided for in Article 15(5), points (a) to (e), of Regulation (EU) No 1380/2013.

(2) Commission Delegated Regulation (EU) 2020/2014 (3) specifies the details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2021-2023, following a joint recommendation submitted by Belgium, Denmark, Germany, France, the Netherlands and Sweden (the ‘Scheveningen Group’), which have a direct fisheries management interest in the North Sea. Delegated Regulation (EU) 2020/2014 was amended in 2021 (4) and 2022 (5).

(3) The Scheveningen Group, after consulting the North Sea Advisory Council and the Pelagic Advisory Council, submitted an initial joint recommendation to the Commission on 1 May 2023.

(4) The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the initial joint recommendation during the Plenary of 8-12 May 2023 (6).

(5) On 12 July 2023, the Scheveningen Group submitted an updated version of the joint recommendation.

(6) The Expert Group for Fisheries and Aquaculture considered the updated joint recommendation on 28 July 2023 in a meeting that the European Parliament attended as an observer.

(7) Under Article 11 of Regulation (EU) 2018/973, the Commission has considered the updated joint recommendation in light of the STECF’s assessment of the initial joint recommendation to ensure that the updated joint recommendation is compatible with the relevant Union conservation measures, including the landing obligation.

(8) The Commission has also taken into account that: (i) the upcoming evaluation is expected to provide more information on the effectiveness, efficiency, coherence, relevance and Union added value of the landing obligation; and (ii) the STECF has noted that the current process of evaluating joint recommendations is inefficient, that further reflection is necessary as to how it can be further improved and that such reflection would allow discussion on data issues and on finding new ways to improve the implementation of the landing obligation (7).

(9) Delegated Regulation (EU) 2020/2014 includes a high survivability exemption for Norway lobster using bottom trawls, including some with selectivity devices, in International Council for the Exploration of the Sea (‘ICES’) division 3a and subarea 4. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while no new studies were submitted, previous studies on survivability were conducted in a robust manner (8). For that reason and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(10) Delegated Regulation (EU) 2020/2014 includes a high survivability exemption for common sole caught with bottom trawls in ICES division 4c. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the evidence provided is robust and supports the requested exemption (9). For that reason and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(11) Delegated Regulation (EU) 2020/2014 includes a high survivability exemption for by-catch of all species subject to catch limits in pots and fyke nets in ICES division 3a and subarea 4. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the mortality of discarded fish is likely to be low and that the actual catches are negligible (10). For these reasons and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(12) Delegated Regulation (EU) 2020/2014 included a high survivability exemption for catch and by-catch of plaice caught with nets, Danish seines and bottom trawls with diverse mesh size specifications in the Union waters of ICES division 3a and subarea 4. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the estimated level of discards is high and survival rates are variable (11). In previous years (12), the STECF indicated that survivability proved to be high for nets and Danish seines, while more variable for different mesh size specifications of bottom trawls. Moreover, in past assessments, the STECF noted that the seasonality and duration of air exposure are the main factors influencing plaice survival rates. For these reasons and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027, provided that the unwanted catches of plaice are released immediately.

(13) Delegated Regulation (EU) 2020/2014 included a high survivability exemption for plaice below the minimum conservation reference size caught by 80-119 mm beam trawl gears (BT2) in ICES subarea 4, for vessels with diverse engine power specifications, specific selective devices and vessels that implement the roadmap for Fully Documented Fisheries. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that discard rates are high and survival rates are variable and lowest in the segments that account for highest catches (13). However, work is ongoing in the fisheries concerned to improve selectivity and survival probabilities. To allow this work to continue and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption should be granted from 1 January 2024 to 31 December 2027.

(14) Delegated Regulation (EU) 2020/2014 includes a high survivability exemption for turbot caught with beam trawls in ICES subarea 4. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that, given the level of discards and survival rates of turbot, the impact of the exemption is likely to be low. For this reason and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(15) Delegated Regulation (EU) 2020/2014 includes a high survivability exemption for skates and rays in ICES division 3a and subarea 4. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while survivability is variable by gear and season, the level of cooperation between Member States is noteworthy and the exemption has been the catalyst for the research carried out on survivability. Moreover, Member States committed in the updated joint recommendation to carrying out a meta-analysis of survival aiming to assess the overall effect of the exemption. For these reasons and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption should be granted from 1 January 2024 to 31 December 2027.

(16) Delegated Regulation (EU) 2020/2014 includes a high survivability exemption for catches of mackerel and herring in the purse seine fisheries in ICES division 3a and subarea 4. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that, although it could not verify whether the conditions during the experiments are representative of the conditions experienced under commercial fishing operations, survival estimates of 70 % for mackerel and herring are the best available for purse seine fisheries (14). For this reason and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(17) Delegated Regulation (EU) 2020/2014 includes a de minimis exemption for common sole caught with trammel nets and gillnets in ICES division 3a and subarea 4. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the information submitted is limited; however, the STECF indicated that the reasons provided by the Member States about selectivity improvements through increasing mesh sizes would likely result in commercial losses (15). For this reason and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(18) Delegated Regulation (EU) 2020/2014 includes a de minimis exemption for common sole below minimum conservation reference size caught by beam trawls of mesh size 80-119 mm and equipped with a Flemish panel in ICES subarea 4. Member States requested that the exemption be continued. The STECF reviewed the information submitted as part of the initial joint recommendation and concluded that the information was limited, but indicated in its report that the exemption is related to the use of a gear modification that has shown to reduce the level of unwanted catches (16). For this reason and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(19) Delegated Regulation (EU) 2020/2014 includes a de minimis exemption for common sole, haddock, whiting, cod, saithe and hake in the fishery for Norway lobster by vessels using bottom trawls with a mesh size equal to or larger than 70 mm equipped with selective devices in ICES division 3a. Member States requested that the exemption be continued. The STECF assessed the data submitted as part of the initial joint recommendation and concluded that the exemption was well founded in previous years and linked to the use of a proven selective gear (17). Considering that these circumstances have not changed and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(20) Delegated Regulation (EU) 2020/2014 includes a de minimis exemption for catch of common sole, haddock, whiting, cod, plaice, saithe, herring, Norway pout, greater silver smelt and blue whiting in the fishery for Northern prawn in ICES division 3a. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the exemption was well founded in previous years and linked to the mandatory use of a highly selective gear (18). Considering that these circumstances have not changed and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(21) Delegated Regulation (EU) 2020/2014 includes a de minimis exemption for whiting below minimum conservation reference size caught with bottom trawls in ICES division 3a. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and indicated in its report that improving selectivity for whiting in these fisheries would result in disproportionate losses of marketable catches of other species (19). For this reason and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(22) Delegated Regulation (EU) 2020/2014 includes a de minimis exemption for plaice below minimum conservation reference size caught with bottom trawls equipped with the SepNep panel in fisheries for Norway lobster in Union waters of ICES subarea 4. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while the new information submitted to support the exemption was limited, the STECF’s previous assessments remained relevant because unwanted catches are likely to be reduced when bottom trawls are equipped with the SepNep panel (20). For this reason and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(23) Delegated Regulation (EU) 2020/2014 includes a de minimis exemption for all species subject to catch limits in the fishery for brown shrimp caught by beam trawls equipped throughout the year with diverse selective devices in accordance with Regulation (EU) 2019/1241 of the European Parliament and of the Council (21) in ICES divisions 4b and 4c. Member States requested that the exemption be continued with certain specifications. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the requested exemption was well founded in previous years because of disproportionate costs and because selectivity is difficult to improve. For these reasons and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(24) Delegated Regulation (EU) 2020/2014 includes a de minimis exemption for catch of ling below minimum conservation reference size caught by bottom trawls in ICES subarea 4. Member States requested that the exemption be continued. The STECF assessed the data submitted as part of the initial joint recommendation and concluded that while the new information to support the exemption was limited, the level of unwanted catches of ling is low in this fishery and therefore the impact on the stock is likely to be negligible (22). For this reason and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(25) Delegated Regulation (EU) 2020/2014 includes a de minimis exemption for whiting below minimum conservation reference size caught with bottom trawls or seines with a mesh size of 70-99 mm (TR2) in the Union waters of ICES division 4a, 4b and 4c. Member States requested that the exemption be continued. The STECF assessed the data submitted as part of the initial joint recommendation and indicated in its report that while the new information is generic and improving selectivity is possible, the selective devices tested in diverse research projects would result in significant commercial losses (23). For this reason and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(26) Delegated Regulation (EU) 2020/2014 includes a de minimis exemption for whiting below the minimum conservation reference size caught with beam trawls with a mesh size of 80-119 mm in the Union waters of ICES subarea 4. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the data submitted by the Member States provided reasonable arguments on the disproportionate costs for storing and handling on board and as to why it is difficult to improve selectivity (24). Moreover, Member States committed in the updated joint recommendation to carry out further research on disproportionate costs. For these reasons and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(27) Delegated Regulation (EU) 2020/2014 includes a de minimis exemption for a combined quantity of mackerel, horse mackerel and whiting caught with pelagic trawls up to 25 metres in length in ICES divisions 4b and 4c south of 54 degrees north. The STECF assessed the data submitted as part of the initial joint recommendation and concluded that while the information to support the exemption was limited, the level of unwanted catches is low and that the results of selectivity trials from other mackerel and herring fisheries demonstrate improvements in selectivity are difficult to achieve (25). For this reason and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

(28) Delegated Regulation (EU) 2020/2014 includes a de minimis exemption for a combined quantity of sprat, sandeel, Norway pout and blue whiting in bottom trawl fisheries in ICES division 3a and subarea 4. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the exemption seems reasonable and well founded, and that the level of unwanted catches is low. In addition, in its report, the STECF indicated that the qualitative information provided in previous years to support disproportionate costs of handling unwanted catches on board are reasonable and that selectivity is difficult to improve (26). For these reasons and for the reasons set out in recitals 7 and 8 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.