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Document 02023R2623-20240101
Commission Delegated Regulation (EU) 2023/2623 of 22 August 2023 supplementing Regulation (EU) 2019/472 of the European Parliament and of the Council by specifying details of the landing obligation for certain fisheries in Western Waters for the period 2024-2027
Consolidated text: Commission Delegated Regulation (EU) 2023/2623 of 22 August 2023 supplementing Regulation (EU) 2019/472 of the European Parliament and of the Council by specifying details of the landing obligation for certain fisheries in Western Waters for the period 2024-2027
Commission Delegated Regulation (EU) 2023/2623 of 22 August 2023 supplementing Regulation (EU) 2019/472 of the European Parliament and of the Council by specifying details of the landing obligation for certain fisheries in Western Waters for the period 2024-2027
02023R2623 — EN — 01.01.2024 — 001.001
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COMMISSION DELEGATED REGULATION (EU) 2023/2623 of 22 August 2023 (OJ L 2623 22.11.2023, p. 1) |
Amended by:
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COMMISSION DELEGATED REGULATION (EU) 2024/1388 of 11 March 2024 |
L 1388 |
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22.5.2024 |
COMMISSION DELEGATED REGULATION (EU) 2023/2623
of 22 August 2023
supplementing Regulation (EU) 2019/472 of the European Parliament and of the Council by specifying details of the landing obligation for certain fisheries in Western Waters for the period 2024-2027
CHAPTER I
GENERAL PROVISIONS
Article 1
Definitions
For the purpose of this Regulation, the following definitions shall apply:
‘Flemish panel’ means the last tapered netting section of a beam trawl whose:
‘Seltra panel’ means a selectivity device which:
‘Netgrid selectivity device’ means a selectivity device consisting of a four panel section inserted into a two-panel trawl with an inclined sheet of diamond mesh netting with a mesh size of at least 200 mm, leading to an escape hole in the top of the trawl;
‘CEFAS Netgrid’ means a Netgrid selectivity device developed by The Centre for Environment, Fisheries and Aquaculture Science for catches of Nephrops in the Irish Sea;
‘Flip-flap trawl’ means a trawl equipped with a netting grid developed to reduce the capture of cod, haddock and whiting in Norway lobster fisheries;
‘Flip-up rope’ means a gear modification on demersal beam trawls to help prevent stones and boulders entering the trawl and causing damage to both gear and catches;
‘Benthos release panel’ means a panel of larger mesh or square mesh netting fitted into the lower panel of a trawl, usually a beam trawl to release any benthic material and seabed debris before it passes into the cod-end;
‘Celtic Sea Protection Zone’ means the waters inside ICES divisions 7f, 7g and the part of 7j that lies North of latitude 50° N and East of 11° W;
‘Voracera’ means a locally designed and built mechanised hook line, used by the artisanal fleet targeting red seabream in the South of Spain in ICES division 9a.
Article 2
Implementation of the landing obligation
In the North-Western Waters (ICES subareas 5 (excluding division 5a and only Union waters of division 5b), 6 and 7) and the South-Western Waters (ICES subareas 8, 9 and 10 (waters around Azores), and CECAF zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands)), the landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in demersal and pelagic fisheries in accordance with this Regulation for the period 2024-2027.
CHAPTER II
SURVIVABILITY EXEMPTIONS IN NORTH-WESTERN WATERS
Article 3
Survivability exemption for Norway lobster
The survivability exemption provided for in Article 15(4), point (b), of Regulation (EU) No 1380/2013 shall apply to:
Norway lobster (Nephrops norvegicus) caught in pots, traps or creels (gear codes ( 1 ): FPO, FIX and FYK), in ICES subareas 6 and 7;
Norway lobster (Nephrops norvegicus) caught with bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size equal to or larger than 100 mm in ICES subarea 7;
Norway lobster (Nephrops norvegicus) caught in ICES subarea 7, with bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size of 70 to 99 mm in combination with highly selective gear options, as set out in paragraphs 2 and 3;
Norway lobster (Nephrops norvegicus) caught with otter trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size of 80 to 110 mm in ICES division 6a within 12 nautical miles of the coast.
Article 4
Survivability exemption for common sole
The survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to catches of common sole (Solea solea) below the minimum conservation reference size within 6 nautical miles of the coast but outside identified nursery areas:
in ICES division 7d, caught by otter trawl gears (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a cod end mesh size of 80 to 99 mm, and
in ICES division 7e, caught by otter trawl gears (OTB) with a cod end mesh size of 80 to 99 mm, by vessels under 12 metres.
Article 5
Survivability exemption for skates and rays
Article 6
Survivability exemption for plaice
The survivability exemption provided for in Article 15(4), point (b), of Regulation (EU) No 1380/2013 shall apply to plaice (Pleuronectes platessa) caught in:
ICES divisions 7d to 7g with trammel nets (GTR, GTN, GEN, GN);
ICES divisions 7d to 7g with otter trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX);
ICES divisions 7a to 7g by vessels having a maximum engine greater than 221 kW, and using beam trawls (TBB) fitted with a flip-up rope or Benthos release panel;
ICES divisions 7a to 7g by vessels using beam trawls (TBB), having a maximum engine power of 221 kW or a maximum length of 24 metres, which are constructed to fish within 12 nautical miles of the coast and with average tow durations of no more than 90 minutes;
ICES division 7d with Danish seines (gear code: SDN);
ICES divisions 7b to 7k with seines (SSC).
Article 7
Survivability exemption for species caught in pots, traps and creels
Article 8
Survivability exemption for pelagic species
The survivability exemption provided for in Article 15(4), point (b), of Regulation (EU) No 1380/2013 shall apply to catches of mackerel (Scomber scombrus) and herring (Clupea harengus) in the purse seine fisheries in ICES subarea 6, if all of the following conditions are met:
the catch is released before the certain percentage of the purse seine set out in paragraphs 2 and 3 is closed (‘the point of retrieval’);
the purse seine gear is fitted with visible buoys clearly marking the limit for the point of retrieval;
the vessel and the purse seine gear are equipped with an electronic system that records and documents when, where and to which extent the purse seine has been hauled for all fishing operations.
CHAPTER III
SURVIVABILITY EXEMPTIONS IN SOUTH-WESTERN WATERS
Article 9
Survivability exemption for Norway lobster
Article 10
Survivability exemption for skates and rays
Article 11
Survivability exemption for red seabream
Article 12
Survivability exemption for anchovy, horse mackerel and mackerel
The survivability exemption provided for in Article 15(4), point (b), of Regulation (EU) No 1380/2013 shall apply to catches of anchovy (Engraulis encrasicolus), horse mackerel (Trachurus spp.) and mackerel (Scomber scombrus) in purse seine fisheries (PS), provided that the net is not fully taken on board.
CHAPTER IV
DE MINIMIS EXEMPTIONS IN NORTH-WESTERN WATERS
Article 13
De minimis exemptions in North-Western Waters
By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities may be discarded in North-Western Waters pursuant to Article 15(5), point (c), of that Regulation, subject to paragraphs 2 to 7 of that Regulation:
for whiting (Merlangius merlangus), up to a maximum of 3 % of the total annual catches of that species caught by vessels using bottom trawls and seines with a mesh size equal to or greater than 80 mm (OTB, OTT, OT, PTB, PT, SSC, SDN, SPR, SX, SV, TBN, TBS, TB, TX), pelagic trawls (OTM, PTM) and beam trawls (BT2) with a mesh size of 80 to 119 mm in ICES divisions 7d and 7e;
for common sole (Solea solea), up to a maximum of 3 % of the total annual catches of that species caught by vessels using trammel and gill nets (GN, GNS, GND, GNC, GTN, GTR, GEN, GNF) to catch common sole in ICES divisions 7d to 7g;
for common sole (Solea solea), up to a maximum of 3 % of the total annual catches of that species caught by vessels using beam trawls (TBB) with a mesh size of 80 to 119 mm and equipped with a Flemish panel, to catch common sole in ICES divisions 7d to 7h, 7j to 7k;
for haddock (Melanogrammus aeglefinus), up to a maximum of 5 % of the total annual catches of that species caught in ICES divisions 7b, 7c and 7e to 7k:
by vessels operating with a mesh size greater than or equal to 100 mm for all bottom trawls, seines (OTB, OTT, OT, PTB, PT, SSC, SDN SPR, SX, SV, TBN, TBS, TB, TX) with catches comprising not more than 30 % Norway lobster and excluding beam trawls;
by vessels operating with mesh sizes greater than or equal to 80 mm with catches comprising more than 30 % of Norway lobster;
by vessels operating with beam trawls using mesh sizes greater than or equal to 80 mm in conjunction with the use of a Flemish panel.
This exemption shall apply on condition that the measures laid down in point 1.3.2 of part B of Annex VI to Regulation (EU) 2019/1241 apply;
for boarfish (Caproidae), up to a maximum of 0,5 % of the total annual catches of that species for all gears in those areas, caught by vessels using bottom trawls (OTT, OTB, TBS, TBN, TB, PTB,) in ICES divisions 7b, 7c and 7f to 7k;
for megrim (Lepidorhombus spp.) below minimum conservation reference size, up to a maximum of 4 % of the total annual catches of those species caught by vessels using beam trawls (TBB) with a mesh size of 80 to 119 mm (BT2) in ICES subarea 7; and using bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) under the following conditions:
in ICES divisions 7f, 7g, the part of division 7h North of latitude 49° 30′ North and the part of division 7j North of latitude 49° 30′ North and East of longitude 11° West, for TR2 vessels with catches comprising more than 55 % of whiting or 55 % of anglerfish, hake or megrim combined;
in ICES subarea 7, outside the abovementioned area, for TR2 vessels;
for common sole (Solea solea), up to a maximum of 3 % of the total annual catches of that species caught by vessels using beam trawls with a mesh size of 80 to 119 mm (BT2) with increased selectivity (Flemish panel) in ICES divisions 7a;
for greater silver smelt (Argentina silus), up to 0,6 % of the total annual catches of that species from all gears in those areas, caught by vessels using bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size greater or equal to 100 mm (TR1) in ICES division 5b (Union waters) and subarea 6;
for horse mackerel (Trachurus spp.), up to a maximum of 3 % of the total annual by-catches of those species, caught in demersal mixed fisheries, by vessels using bottom trawls, seines and beam trawls (OTB, OTT, OT, PTB, PT, SSC, SDN, SPR, SX, SV, TBB, TBN, TBS, TB, TX) in ICES subarea 6 and divisions 7b to 7k;
for mackerel (Scomber scombrus), up to a maximum of 3 % of the total annual by-catches of that species, caught in demersal mixed fisheries, by vessels using bottom trawls, seines and beam trawls (OTB, OTT, OT, PTB, PT, SSC, SDN, SPR, SX, SV, TBB, TBN, TBS, TB, TX) in ICES subarea 6 and divisions 7b to 7k;
for blue whiting (Micromesistius poutassou), up to a maximum of 5 % of the total annual catches of that species in the industrial pelagic trawler fishery targeting that species in ICES subareas 6 and 7 and division 5b, and processing that species on board to obtain surimi base;
for mackerel (Scomber scombrus), horse mackerel (Trachurus spp.) and whiting (Merlangius merlangus), up to a maximum of 1 % of the total annual catches in the pelagic fishery with pelagic trawlers up to 25 metres in length overall, using mid-water trawl (OTM and PTM), and targeting mackerel, horse mackerel and herring in ICES division 7d.
CHAPTER V
DE MINIMIS EXEMPTIONS IN SOUTH-WESTERN WATERS
Article 14
De minimis exemptions in South-Western Waters
By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities may be discarded in the South-Western Waters pursuant to Article 15(5), point (c), of that Regulation:
for hake (Merluccius merluccius), up to a maximum of 5 % of the total annual catches of that species by vessels using trawls and seines (OTM, PTM, OTT, OTB, PTB, OT, PT, TBN, TBS, TX, SSC, SPR, TB, SDN, SX, SV) in ICES subareas 8 and 9;
for common sole (Solea solea), up to a maximum of 5 % of the total annual catches of that species by vessels using pelagic trawls, beam trawls and bottom trawls (OTM, PTM, OTB, OTT, PTB, TBN, TBS, TBB, OT, PT, TX) in ICES divisions 8a and 8b;
for common sole (Solea solea), up to a maximum of 3 % of the total annual catches of that species by vessels using trammel nets and gillnets (GNS, GN, GND, GNC, GTN, GTR, GEN) in ICES divisions 8a and 8b;
for alfonsinos (Beryx spp.), up to a maximum of 5 %, of the total annual catches of those species by vessels using hooks and lines (LHP, LHM, LLS, LLD) in ICES subarea 10;
for horse mackerel (Trachurus spp.), up to a maximum of 5 % of the total annual catches of horse mackerel by vessels using beam trawls, bottom trawls and seines (OTB, OTT, PTB, TBN, TBS, TBB, OT, PT, TX, SSC, SPR, SDN, SX, SV) in ICES subareas 8 and 9;
for horse mackerel (Trachurus spp.), up to a maximum of 3 % of the total annual catches of those species by vessels using gillnets (GNS, GND, GNC, GTR, GTN) in ICES subareas 8, 9 and 10 and CECAF zones 34.1.1, 34.1.2 and 34.2.0;
for mackerel (Scomber scombrus), up to a maximum of 5 % of the total annual catches of that species by vessels using beam trawls, bottom trawls and seines (OTB, OTT, PTB, TBN, TBS, TBB, OT, PT, TX, SSC, SPR, SDN, SX, SV) in ICES subareas 8 and 9;
for mackerel (Scomber scombrus), up to a maximum of 3 % of the total annual catches of that species by vessels using gillnets (GNS, GND, GNC, GTR, GTN) in ICES subareas 8 and 9 and CECAF zones 34.1.1, 34.1.2 and 34.2.0;
for megrim (Lepidorhombus spp.), up to a maximum of 5 % of the total annual catches of megrim by vessels using beam trawls, bottom trawls and seines (OTB, OTT, PTB, TBN, TBS, TBB, OT, PT, TX, SSC, SPR, SDN, SX, SV) in ICES subareas 8 and 9;
for megrim (Lepidorhombus spp.), up to a maximum of 4 % of the total annual catches of those species by vessels using gillnets (GNS, GND, GNC, GTR, GTN) in ICES subareas 8 and 9;
for anglerfish (Lophiidae), up to a maximum of 5 % of the total annual catches of that species by vessels using beam trawls, bottom trawls and seines (OTB, OTT, PTB, TBN, TBS, TBB, OT, PT, TX, SSC, SPR, SDN, SX, SV) in ICES subareas 8 and 9;
for anglerfish (Lophiidae), up to a maximum of 4 % of the total annual catches of that species by vessels using gillnets (GNS, GND, GNC, GTR, GTN) in ICES subareas 8 and 9;
for whiting (Merlangius merlangus), up to a maximum of 4 % of the total annual catches of that species by vessels using gillnets (GNS, GND, GNC, GTR, GTN) in ICES subarea 8;
for anchovy (Engraulis encrasicolus), up to a maximum of 5 % of the total annual catches of that species by vessels using beam trawls, bottom trawls and seines (OTT, OTB, PTB, OT, PT, TBN, TBS, TX, SSC, SPR, TB, TBB, SDN, SX, SV) in ICES subareas 8 and 9;
for red seabream (Pagellus bogaraveo), up to a maximum of 5 % of the total annual catches of that species by vessels using beam trawls, bottom trawls and seines (OTT, OTB, PTB, OT, PT, TBN, TBS, TX, SSC, SPR, TB, TBB, SDN, SX, SV) in the Gulf of Cadiz part of ICES subarea 9a;
for sole (Solea spp.) up to a maximum of 1 % of the total annual catches of those species by vessels using beam trawls, bottom trawls and seines (OTT, OTB, PTB, OT, PT, TBN, TBS, TX, SSC, SPR, TB, TBB, SDN, SX, SV) in the Gulf of Cadiz part of ICES subarea 9a;
for blue whiting (Micromesistius poutassou) up to a maximum of 5 % of the total annual catches of that species in the industrial pelagic trawler fishery, which targets blue whiting in ICES subarea 8 using midwater trawls (OTM) and midwater pair trawls (PTM) and processes that species on board to obtain surimi base;
for anchovy (Engraulis encrasicolus), mackerel (Scomber scombrus) and horse mackerel (Trachurus spp.) up to a maximum of 4 % of the total annual catches of those species in the pelagic trawl fishery, which targets those species in ICES subarea 8 using pelagic trawls;
for horse mackerel (Trachurus spp.) and mackerel (Scomber scombrus), up to a maximum of 4 % of the total annual catches and for anchovy (Engraulis encrasicolus) up to a maximum of 1 % of the total annual catches of that species using purse seines (PS) in ICES subareas 8, 9 and 10 and CECAF divisions 34.1.1, 34.1.2 and 34.2.0.
CHAPTER VI
DOCUMENTATION OF CATCHES
Article 15
Documentation of catches for pelagic fleets
Quantities of fish released under the exemption provided for in Article 8 and the results of the sampling required under Article 8(5) shall be reported in the logbook as provided for in Council Regulation (EC) No 1224/2009 ( 2 ).
CHAPTER VII
FINAL PROVISIONS
Article 16
Entry into force and application
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 2024 until 31 December 2027.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( 1 ) Gear codes used in this Regulation refer to those codes in Annex XI to Commission Implementing Regulation (EU) No 404/2011 of 4 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1). For the vessels whose length overall is less than 10 metres gear codes used in this table refer to the codes from the gear classification of the Food and Agriculture Organization of the United Nations.
( 2 ) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).