Commission Delegated Regulation (EU) 2024/2992 of 26 July 2024 amending Delegated Regulation (EU) 2023/2462 supplementing Regulation (EU) 2019/1022 of the European Parliament and of the Council by specifying details of the landing obligation for certain demersal stocks in the western Mediterranean Sea

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2019/1022 of the European Parliament and the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (1), and in particular Article 14 thereof,

Whereas:

(1) Regulation (EU) 2019/1022 establishes a multiannual plan concerning demersal fisheries in the western Mediterranean Sea. Article 14 of that Regulation empowers the Commission to adopt delegated acts in order to supplement that Regulation by specifying details of the landing obligation for all stocks of species in the western Mediterranean Sea to which the landing obligation applies and for incidental catches of pelagic species in fisheries exploiting the stocks in accordance with that provision.

(2) Commission Delegated Regulation (EU) 2021/2066 (2) provides for the implementation of the landing obligation for certain demersal stocks in the western Mediterranean Sea applicable from 1 January 2022 until 31 December 2024. It also established a high survivability exemption until 31 December 2024 for Norway lobster (Nephrops norvegicus) caught with all bottom trawls (OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX) and Norway lobster (Nephrops norvegicus) caught with pots and traps (FPO, FIX) and a high survivability exemption until 31 December 2022 for Venus shells caught with mechanised dredges (Venus spp.).

(3) Commission Delegated Regulation (EU) 2022/2288 (3) extended the duration of the high survivability exemption to the landing obligation for Venus shells (Venus spp.) caught with mechanised dredges, until 31 December 2024.

(4) Commission Delegated Regulation (EU) 2023/2462 (4) supplementing Regulation (EU) 2019/1022 by specifying details of the landing obligation for certain demersal stocks in the western Mediterranean Sea entered into force on 1 January 2024 and is applicable until 31 December 2027.

(5) On 30 April 2024, Spain, France and Italy (‘Pescamed High-Level Group’) submitted to the Commission an initial joint recommendation proposing certain exemptions from the landing obligation for demersal fisheries in the western Mediterranean Sea, taking into account the views of the Mediterranean Advisory Council (‘MEDAC’).

(6) The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the initial joint recommendation on 20 June 2024 (5).

(7) On 21 June 2024, the Pescamed High-Level Group submitted an updated joint recommendation.

(8) Under Article 18 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (6), the Commission has considered the updated joint recommendation of Pescamed 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.

(9) The Commission has also taken into account that: (i) the upcoming evaluation of the landing obligation (7) is expected to provide more information on the effectiveness, efficiency, coherence, relevance and added value of the landing obligation; and (ii) the STECF has noted (8) 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.

(10) In addition, in the western Mediterranean Sea, species are caught at the same time, at highly varying quantities, making a single stock approach challenging. Those species are furthermore caught by small-scale fishing vessels and landed in many different landing points spread out geographically along the coast, which results in disproportionate costs of handling unwanted catches.

(11) Moreover, in the updated joint recommendation, the Member States concerned renewed their commitment to undertake new studies and to increase the selectivity of the fishing gears in accordance with the results of current research programmes in order to reduce and limit unwanted catches and particularly catches below minimum conservation reference sizes. Furthermore, the Member States committed to identify further closure areas based on the STECF advice in order to reduce juvenile mortality, where there is evidence of a high concentration of juvenile fish.

(12) Like the initial joint recommendation, the updated joint recommendation proposes extending the survivability exemption, as provided for in Article 15(4), point (b), of Regulation (EU) No 1380/2013, established for Venus shells (Venus spp.) caught with mechanised dredges. The STECF advised that the gear (dredges) used is highly selective and does not harm individuals released immediately back into the water. STECF also advised that, given Venus shells’ high survival rate (> 90 %), discarding immediately after capture is beneficial to the stock. For the reasons set out in this recital and in recitals 8 to 11 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2025 to 31 December 2027.

(13) Like the initial joint recommendation, the updated joint recommendation proposes extending the survivability exemption for Norway lobster (Nephrops norvegicus) caught with all bottom trawls (OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX). The STECF noted seasonal variations in the survival rate of the species and the low level of discards. The survival rate varies between 6 % in summer, 36 % in spring and 74 % in winter and, in other studies, between 68 % in the spring and 34 % in the autumn, due to seasonal variations of temperature. The STECF advised on the use of additional measures such as appropriate on-board measures based on treatment with cool waters in order to enhance the survival rate of the species. For the reasons set out in this recital and in recitals 8 to 11 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2025 to 31 December 2027.

(14) Like the initial joint recommendation, the updated joint recommendation proposes extending the survivability exemption for Norway lobster (Nephrops norvegicus) caught with pots and traps (FPO, FIX). The STECF advised that the exemption request is pragmatic as it concerns a small size fishery with studies showing high post-catch survival. The STECF also advised that further efforts are required towards the development of a full-scale study to secure survival estimates considering the characteristics of the fishery, such as soaking time, as well as environmental parameters. For the reasons set out in this recital and in recitals 8 to 11 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2025 to 31 December 2027.

(15) Like the initial joint recommendation, the updated joint recommendation proposes a new de minimis exemption for deep-water shrimps (blue and red shrimps (Aristeus antennatus) and giant red shrimps (Aristaeomorpha foliacea)) caught by vessels using bottom trawls (OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX). The STECF, while noting the low level of discards (under 1 %), advised that the extent and impact of selectivity improvement should be clarified by Member States providing further data for all geographical subareas where the exemption would apply as well as the location of the fleet activity and disproportionate costs. STECF also advised that there is a need for additional information on the increased mesh size for the deep-water fishery, such as the number of vessels concerned and the estimated impact on the size of shrimps captures. STECF also advised that there is a need to precise the geographical scope of the fleet activity for this specific fishery (e.g. how large is the fleet fishing ground between the 600 m and 800 m isobaths) as well as the need to provide more information on disproportionate costs. For the reasons set out in this recital and in recitals 8 to 11 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2025 to 31 December 2027. Since the measures provided for in this Regulation impact directly on the planning of the fishing season of Union vessels and on related economic activities and for reasons of legal certainty, this Regulation should apply from 1 January 2025,

HAS ADOPTED THIS REGULATION:

Article 1

Delegated Regulation (EU) 2023/2462 is amended as follows:

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 2025 until 31 December 2027.

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

Done at Brussels, 26 July 2024.

For the Commission The President Ursula VON DER LEYEN

(1) Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, p. 1).

(2) Commission Delegated Regulation (EU) 2021/2066 of 25 August 2021 supplementing Regulation (EU) 2019/1022 of the European Parliament and of the Council regarding details of implementation of the landing obligation for certain demersal stocks in the western Mediterranean Sea for the period 2022-2024 (OJ L 421, 26.11.2021, p. 17).

(3) Commission Delegated Regulation (EU) 2022/2288 of 16 August 2022 amending Delegated Regulation (EU) 2021/2066 supplementing Regulation (EU) 2019/1022 of the European Parliament and of the Council as regards the extension of the high survivability exemption to the landing obligation for Venus shells (Venus spp.), Scallops (Pecten jacobaeus) and Carpet clams (Venerupis spp.) in the western Mediterranean Sea (OJ L 303, 23.11.2022, p. 3).

(4) Commission Delegated Regulation (EU) 2023/2462 of 22 August 2023 supplementing Regulation (EU) 2019/1022 of the European Parliament and of the Council by specifying details of the landing obligation for certain demersal stocks in the western Mediterranean Sea (OJ L, 2023/2462, 6.11.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2462/oj).

(5) Scientific, Technical and Economic Committee for Fisheries (STECF) – Evaluation of Joint Recommendations on the landing obligation and on Technical Measures Regulation (https://stecf.jrc.ec.europa.eu/documents/d/stecf/stecf_24-04_review-jrs-on-lo-tm-and-cm).

(6) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

(7) COM(2023) 103 final.

(8) https://publications.jrc.ec.europa.eu/repository/handle/JRC136341.