(1)

Regulation (EU) 2019/1241, Annex V provides for technical measures established at regional level for the North Sea.

(2)

Belgium, Denmark, Germany, France, the Netherlands and Sweden (‘Scheveningen Group’) have a direct fisheries management interest in the North Sea. On 7 May and on 21 June 2021, the Scheveningen Group submitted joint recommendations to the Commission in accordance with Article 18(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (2) and Article 15(3) of Regulation (EU) 2019/1241, proposing a delegated act adopting certain modifications of the current provisions set out in Annex V of Regulation (EU) 2019/1241. Both joint recommendations were sent by the Scheveningen Group to the Pelagic Advisory Council (PELAC) and the North Sea Advisory Council (NSAC) for consultation.

(3)

The joint recommendation submitted on 7 May 2021 proposed amending Annex V, part B of Regulation (EU) 2019/1241 to limit the application of the 90 mm mesh size derogation in the Skagerrak to otter trawls only, where currently this mesh size is applicable to all towed gears, including beam trawls and seines. The recommendation also proposed that the derogation concerning the use of the 90 mm mesh size in Kattegat be limited to fishing with otter trawls or seines.

(4)

The STECF analysed the evidence presented by the Member States and concluded (3) that the proposed amendment achieves its main aim of removing any ambiguity in the current regulations and confirms that vessels using seine nets or beam trawls cannot use the 90 mm mesh size in the Skagerrak. The proposed amendment will offer higher protection for juveniles, due to the fact that the 90 mm derogation is no longer available to beam trawls and seine nets in the Skagerrak or beam trawls in the Kattegat. Therefore, the joint recommendation is in line with the objectives and targets of Regulation (EU) 2019/1241 to the effect that catches of marine species below the minimum conservation reference size are to be reduced as far as possible. The proposed measure should therefore be included in Regulation (EU) 2019/1241.

(5)

The joint recommendation submitted on 21 June 2021 proposed the introduction of an overall maximum length for beam trawls of 24 m, while keeping in place the tighter restrictions for beam trawl in certain geographical areas already set out in Regulation (EU) 2019/1241.

(6)

The STECF analysed the evidence presented by the Member States and concluded (4) that, without the proposed restriction to 24 m, it is possible for fishermen to increase the length of the beam, potentially increasing the impact on the seabed and disturbance of the benthos habitat. The STECF therefore supported amending the provisions of Regulation (EU) 2019/1241 that the maximum length of the beam or the aggregate beam length measured as the sum of the length of each beam does not exceed 24 m. According to the STECF, this amendment will prevent an increase in negative impact on marine habitats and on the environment in line with the objectives in Regulation (EU) 2019/1241. It will thus ensure levels of protection that are at least equivalent to what is currently in force. The proposed measure should therefore be included in Regulation (EU) 2019/1241.

(7)

Given that both joint recommendations propose changes to Annex V of Regulation (EU) 2019/1241, this delegated Regulation provides for all the measures recommended by the Scheveningen Group.

(8)

The measures in this Regulation applicable to Union waters are in pursuit of the objectives set out in Article 494(1) and (2) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and have regard to the principles referred to in Article 494(3) of that agreement. They are without prejudice to any measures applicable in waters of the United Kingdom of Great Britain and Northern Ireland.

(9)

As the measures provided for in this Regulation have a direct impact on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force immediately after its publication,