(1)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (2) aims to progressively eliminate discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits.

(2)

Article 9 of Regulation (EU) No 1380/2013 provides for the adoption of multiannual plans containing conservation measures for fisheries exploiting certain stocks in a relevant geographical area.

(3)

Such multiannual plans specify details of the implementation of the landing obligation and may empower the Commission to further specify those details on the basis of joint recommendations developed by Member States.

(4)

Regulation (EU) 2019/472 establishes a multiannual plan for stocks fished in the Western Waters, and for fisheries exploiting those stocks. Article 13 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 Waters to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013, as provided for in points (a) to (e) of Article 15(5) of Regulation (EU) No 1380/2013, on the basis of joint recommendations developed by Member States.

(5)

Commission Delegated Regulation (EU) 2019/2239 (3) specifies details of the implementation of the landing obligation for certain demersal fisheries in the North-Western waters for the period 2020-2021, following a joint recommendation submitted by Belgium, Spain, France, Ireland, the Netherlands and the United Kingdom (4) which have a direct fisheries management interest in the North-Western waters.

(6)

Belgium, Spain, France, Ireland and the Netherlands, after consulting the North- Western Waters Advisory Council and the Pelagic Advisory Council, submitted on 5 May 2020 a joint recommendation to the Commission concerning a discard plan for certain fisheries in the North-Western Waters for the period 2021-2023. The Member States reviewed the joint recommendation on 29 July 2020.

(7)

Commission Delegated Regulation (EU) 2019/2237 (5) specifies details of the implementation of the landing obligation for certain demersal fisheries in the South-Western waters for the period 2020-2021, following a joint recommendation submitted by Belgium, Spain, France, the Netherlands and Portugal which have a direct fisheries management interest in the South-Western waters.

(8)

Belgium, Spain, France, the Netherlands and Portugal, after consulting the South Western Waters Advisory Council and the Pelagic Advisory Council on 24 April 2020, submitted on 5 May 2020 a joint recommendation to the Commission concerning a discard plan for certain fisheries in the South-Western Waters for the period 2021-2023. The Member States reviewed the joint recommendation on 16 July 2020.

(9)

Scientific contributions were obtained from relevant scientific bodies and reviewed by the Scientific, Technical and Economic Committee for Fisheries (‘STECF’) (6). The Commission presented the measures concerned to an expert group consisting of representatives of the Member States on 28 July 2020 in a meeting attended by the European Parliament as an observer.

(10)

Under Article 18 of Regulation (EU) No 1380/2013, the Commission has considered both the STECF’s assessment and the need for Member States to ensure the full implementation of the landing obligation. In several cases, new evidence has been submitted but STECF has considered that improvements in the information provided are required. In those cases, it is approriate to grant exemptions on a temporary basis. By continuing fishing activities, data collection will improve and STECF considerations will be addressed.

(11)

The regional groups of Member States have based most of their de minimis exemption requests on a potential increase in costs as a consequence of handling unwanted catches. The information provided by the Member States in this regard has improved. However, STECF notes that improving data collection is still needed and that improving selectivity should be the priority to reduce the level of unwanted catches. Therefore, in such cases the exemptions should be granted on a case-by-case basis for 1 or 2 years. Member States should provide additional data resulting from trials and scientific studies that are ongoing.

(12)

The following high survivability exemptions to the landing obligation should apply to the North-Western Waters.

(13)

Delegated Regulation (EU) 2019/2239 included a survivability exemption, as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013, for Norway lobster caught with pots, traps or creels in International Council for the Exploration of the Sea (‘ICES’) subareas 6 and 7. Member States requested that the exemption be continued. The STECF evaluated the evidence submitted by the Member States in previous years and concluded (7) that the exemption is justified. Considering that the circumstances have not changed, that exemption should be maintained.

(14)

Delegated Regulation (EU) 2019/2239 included a survivability exemption for Norway lobster caught using bottom trawls with a mesh size equal to or larger than 100 mm and for Norway lobster caught with bottom trawls with a mesh size of 70 to 99 mm in combination with selective gear options (TRI and TR2 fisheries) in ICES subarea 7. The Member States requested that the exemption be continued. The STECF reviewed in previous years the evidence provided by the Member States and concluded (8) that the survival study made with Seltra trawl provided sufficient data, but that the overall effect on the extensive fishery of Norway lobster with other fishing gears remains difficult to assess. The STECF noted that assuming that a relatively high survival rate applies to all gears, a relatively low discard rate is implied in that fishery. Considering that the circumstances have not changed, that exemption should therefore be maintained with gear specificities for the Celtic Sea Protection Zone and the Irish Sea.

(15)

Delegated Regulation (EU) 2019/2239 included a survivability exemption for Norway lobster caught in ICES division 6a, within twelve nautical miles of the coast, using otter trawls with a mesh size of 80 to 110 mm in combination with selective gear options. The Member States requested that the exemption be continued. The STECF analysed the evidence submitted by the Member States in previous years and concluded (9) that the survivability study is robust and indicates a relatively high survival rate. Considering that the circumstances have not changed, that exemption should be maintained.

(16)

Delegated Regulation (EU) 2019/2239 included a survivability exemption for common sole below the minimum conservation reference size (‘MCRS’) caught with 80 to 99 mm otter trawl gears in ICES division 7d within six nautical miles from the coast and outside identified nursery areas. The Member States requested that the exemption be continued. The STECF evaluated in previous years the evidence submitted by the Member States and concluded (10) that the evidence was sufficient. Considering that the circumstances have not changed, that exemption should therefore be maintained.

(17)

Delegated Regulation (EU) 2019/2239 granted a survivability exemption for skates and rays caught with any gear in ICES subareas 6 and 7. The Member States requested that the exemption be continued. The STECF analysed the new evidence submitted by the Member States and concluded (11) that survival varies across species and fisheries. The STECF noted that there are projects ongoing that should provide useful information about this exemption. This conclusion applies to cuckoo ray (Leucoraja naevus). STECF noted that the evidence indicated lower survival rates for cuckoo ray. Member States should submit additional scientific information resulting from these studies as soon as possible, but not later than 1 May every year.

(18)

Delegated Regulation (EU) 2019/2239 granted a survivability exemption for plaice caught in ICES divisions 7a to 7k by vessels using beam trawls, with a maximum engine power of 221 kW, a maximum length of 24 metres, fishing within 12 nautical miles of the coast and with tow durations of no more than ninety minutes, and by vessels using beam trawls with an engine power of more than 221 kW, using a flip-up rope or benthic release panel. The Member States requested that the exemption be continued. The STECF analysed the new evidence provided by the Member States and concluded (12) that the discard survival estimates are variable between trips and evidence was insufficient for ICES divisions 7h, 7j, and 7k. Under those circumstances, the exemption for plaice should be maintained only in ICES divisions 7a to 7g. The Member States concerned should submit evidence as soon as possible, but not later than 1 May every year. The Commission also notes that Member States committed in the joint recommendation to submit a timetable for the completion of the agreed roadmap with the next annual report by 1 May 2021.

(19)

Delegated Regulation (EU) 2019/2239 included a survivability exemption for plaice caught with trammel nets or otter trawls in ICES divisions 7d to 7g. The Member States requested that the exemption be continued. The STECF analysed the evidence submitted by the Member States in previous years and concluded (13) that the survivability study is robust and indicates a relatively high survival rate. Considering that the circumstances have not changed, that exemption should therefore be maintained.

(20)

Delegated Regulation (EU) 2019/2239 granted a survivability exemption for plaice caught with Danish seines in ICES division 7d. The Member States requested that the exemption be continued. The STECF analysed in previous years the evidence submitted by the Member States and concluded (14) that the data of the study on survival rates are reliable and give robust survival estimates for that fishery. Considering that the circumstances have not changed, that exemption should therefore be maintained.

(21)

Delegated Regulation (EU) 2019/2239 included a survivability exemption for species caught in pots, traps and creels in North-Western Waters (ICES subareas 5, 6 and 7). The Member States requested that the exemption be continued. Member States provided scientific evidence in order to demonstrate high discard survival rates for species caught in that fishery. The STECF analysed the evidence in previous years and concluded (15) that the survival of the species discarded from trap and pot fishing is likely to be substantial. Considering that the circumstances have not changed this exemption should therefore be maintained.

(22)

Commission Delegated Regulation (EU) No 1393/2014 (16) included a survivability exemption for mackerel and herring caught with purse seines under certain conditions in ICES subarea 6. The Member States requested that the exemption be continued. The STECF reviewed the supporting evidence in previous years and concluded (17) that survival rates depend on the crowding time and the density of fish within the net, which are typically limited in these fisheries. Assuming the results of the survival study are representative of survival rates under commercial fishing operations, the proportion of slipped mackerel surviving would likely be around 70 %. The densities would also be lower than the density where mortality of herring was observed to increase. Considering that the circumstances have not changed, this exemption should therefore be maintained in this Regulation.

(23)

Delegated Regulation (EU) No 1393/2014 included a survivability exemption for mackerel and herring caught in the ring net fishery targeting pelagic species not subject to quotas in ICES divisions 7e and 7f. The Member States requested that the exemption be continued. The STECF reviewed the evidence provided by the Member States in previous years and concluded (18) that the survival rates were likely to be similar to survival rates from purse seine fishery and the supporting evidence was similar to the evidence justifying other exemptions included in previous discard plans. Considering that the circumstances have not changed, the exemption should therefore be maintained.

(24)

The following high survivability exemptions from the landing obligation should apply to the South-Western Waters.

(25)

Delegated Regulation (EU) 2019/2237 included an exemption from the landing obligation for Norway lobster caught with bottom trawls in ICES subareas 8 and 9 and for red seabream caught with the artisanal gear ‘voracera’ in ICES division 9a. The Member States requested that the exemption be continued. The STECF evaluated the exemption on Norway lobster in the previous years and concluded (19) that the evidence was robust. For red seabream, the STECF concluded in previous assessments (20) that the studies represented reasonably sound scientific evidence for the survival of red seabream. Considering that the circumstances have not changed, these two exemptions should therefore be maintained.

(26)

Delegated Regulation (EU) 2019/2237 granted a survivability exemption for skates and rays caught with all gears in ICES subareas 8 and 9. The Member States requested that the exemption be continued and provided new evidence. The STECF concluded (21) that there was a significant effort in addressing data gaps, with several projects still ongoing. However, improvements in data collection are required. Member States with a direct management interest should submit as soon as possible, but not later than 1 May 2022, additional scientific evidence resulting from the ongoing projects. The exemption should therefore be maintained.

(27)

Delegated Regulation (EU) 2019/2237 granted an exemption for cuckoo ray caught with trammel nets in ICES subareas 8 and 9 and caught with bottom trawls in ICES subarea 8. The Member States requested that the exemption be continued and provided new evidence. The STECF analysed the evidence and noted (22) that there was a significant effort in addressing data gaps and that there are significant number of ongoing projects. However, improvements in data collection are required. Given that in the past survival rates for cuckoo ray revealed to be lower than for other skates and rays, the exemption should be maintained until 31 December 2022 for cuckoo ray caught by trammel nets in ICES subareas 8 and 9, and until 31 December 2021 for cuckoo ray caught with bottom trawls in ICES subarea 8. Member States should submit additional scientific information resulting from the ongoing projects as soon as possible.

(28)

Delegated Regulation (EU) 2019/2237 granted a survivability exemption for red seabream caught with the artisanal gear voracera in ICES division 9a and with hooks and lines in ICES subareas 8 and 10 and ICES division 9a. The Member States requested to continue this exemption and provided new evidence. However, improvements in data collection are required. The STECF noted (23) that several scientific projects on survivability planned for the period 2019-2020 were not performed due to constraints acquiring material. The exemption may be granted until 31 December 2022. Member States having a direct management interest should submit as soon as possible, but not later than by 1 May 2022 additional scientific information supporting the exemption.

(29)

Commission Delegated Regulation (EU) No 1394/2014 (24) included a high survivability exemption for anchovy, horse mackerel and mackerel in artisanal purse seine fisheries (PS), provided that the net is not fully taken on board. The Member States requested that the exemption be continued and provided new evidence. The STECF noted (25) that the evidence showed high survival rates for anchovy, horse mackerel and mackerel when the crowding time related to slipping procedure is estimated to be less than 5 minutes, which is the estimated crowding time under real fishing conditions. Therefore, the exemption should be maintained.

(30)

The following de minimis exemptions from the landing obligation should apply to the North-Western Waters.

(31)

Delegated Regulation (EU) 2019/2239 included de minimis exemptions from the landing obligation for certain fisheries. The Member States requested that the exemption be continued. The STECF reviewed in previous years the evidence provided by the Member States and concluded (26) that the arguments on disproportionate costs in handling unwanted catches were reasonable. Considering that the circumstances have not changed, it is appropriate to maintain the de minimis exemptions for:

(32)

Delegated Regulation (EU) 2019/2239 included a de minimis exemption for haddock caught by vessels using bottom trawls with a mesh size greater than or equal to 80 mm in ICES divisions 7b, 7c and 7e to 7k. The Member States requested that the exemption be continued. The STECF (27) reviewed the new evidence provided by the Member States and concluded that haddock is a high-risk choke species in this area. However, the STECF also noted that cod and whiting are heavily depleted in the Celtic Sea and advised to reduce the level of unwanted catches of these species. The exemption may therefore be granted for bottom trawls with a mesh size greater than or equal to 100 mm, seines and excluding beam trawls and the Norway lobster directed fisheries; for vessels targeting Norway lobster with a mesh size of at least 80 mm for the Norway lobster directed fishing; and for beam trawls with a mesh size greater or equal to 80 mm with a Flemish panel. This exemption should be maintained until 31 December 2022.

(33)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for demersal mixed fishery made by vessels targeting brown shrimp and using beam trawls in ICES division 7a. The Member States requested that the exemption be continued. The STECF reviewed in previous years the evidence submitted by the Member States and concluded (28) that the exemption for this fishery is well documented in the North Sea and it is likely that the North Sea fishery is representative of the Irish Sea fishery. Considering that the circumstances have not changed, the exemption should be maintained.

(34)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for boarfish caught by vessels using bottom trawls in ICES divisions 7b, 7c and 7f to k. The Member States requested that the exemption be continued. The STECF reviewed the new data submitted by the Member States and concluded (29) that there is evidence of increased costs associated with handling and storing unwanted catches in the relevant fisheries. However, improving selectivity should be the priority. The exemption should be maintained until 31 December 2022. The Member States concerned should present as soon as possible, and not later than by May 2022 additional evidence supporting this exemption.

(35)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for megrim below minimum conservation reference size caught by vessels using beam trawls with a mesh size of 80 to 119 mm in ICES subarea 7and using bottom trawls under specific conditions. The Member States requested that the exemption be continued. The STECF analysed the new data provided by the Member States and concluded (30) that there are indications of additional costs of handling unwanted catches. The exemption should be maintained for two years with additional specifications to allow for additional data collection. The Member States concerned should present as soon as possible, and not later than May 2021 additional evidence supporting this exemption.

(36)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for common sole caught by vessels using beam trawls with a mesh size of 80 to 119 mm with increased selectivity (Flemish panel) in ICES divisions 7a, 7j and 7k. The Member States requested that the exemption be continued. The STECF analysed the new evidence submitted by the Member States and concluded (31) that additional technical specifications concerning the fishing gears were needed. The exemption should be maintained for two years but only for ICES division 7a and Member States should submit as soon as possible, and not later than by 1 May 2022 the evidence supporting the exemption.

(37)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for greater silver smelt caught by vessels using bottom trawls with a mesh size equal to or greater than 100 mm in ICES division 5b and ICES subarea 6. The Member States requested that the exemption be continued. The STECF analysed the new evidence submitted by the Member States and concluded (32) that there is evidence of increased costs associated with handling and storing unwanted catches. The exemption should be maintained for two years and Member States should submit as soon as possible, but not later than 1 May 2022, additional evidence supporting this exemption.

(38)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for mackerel and horse mackerel caught in demersal mixed fisheries by vessels using bottom trawls, seines and beam trawls in ICES subarea 6 and ICES divisions 7b to 7k. The Member States requested that the exemption be continued. The STECF analysed the evidence submitted by the Member States and concluded that there is evidence of increased costs associated with handling unwanted catches, as concluded in previous evaluations. Considering that the circumstances have not changed, the exemption should be maintained for two years and Member States should submit as soon as possible, and not later than 1 May 2022, additional evidence supporting the exemption.

(39)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for haddock below minimum conservation reference size caught by vessels using bottom trawls with a mesh size up to 119 mm in the West of Scotland Norway lobster fishery in ICES division 6a. The Member States requested that the exemption be continued. The STECF analysed the evidence submitted by the Member States and noted (33) that the conclusions of the STECF report 19-08 were still valid and the arguments of disproportionate costs seem reasonable. Given the current level of unwanted catches in this fishery, the exemption should be maintained but only for vessels that use the highly selective gears.

(40)

Delegated Regulation (EU) No 1393/2014 granted de minimis exemptions for the following pelagic fisheries:

(41)

The Member States requested to continue the de minimis exemption for blue whiting (Micromesistius poutassou) in the industrial pelagic trawler fishery targeting that species in ICES divisions 5b, 6, and 7 and processing that species on board to obtain surimi base. The STECF analysed positively this exemption in previous years (34) and it was granted on the basis of difficulties to improve selectivity. Considering that the circumstances of the fishery have not changed, the exemptions should be maintained. The Member States should provide by 1 May 2023 evidence on fishing patterns.

(42)

The Member States requested to continue the de minimis exemption for albacore tuna (Thunnus alalunga) in the albacore tuna directed fisheries using midwater pair trawls (PTM) in ICES subarea 7. The STECF analysed the evidence submitted by the Member States on disproportionate costs of storage and handling unwanted catches in previous years and concluded (35) that the request is related to the loss of marketable catches. The Member States argued costs of storage and handling at sea and on shore. Considering that the circumstances of the fishery have not changed, the exemptions should be maintained. The Member States should provide by 1 May 2023 evidence on fishing patterns.

(43)

The Member States requested to continue the de minimis exemption for mackerel, horse mackerel, herring and whiting caught by pelagic trawlers up to 25 metres in length overall using midwater trawls in ICES division 7d. The STECF analised the evidence submitted by Member States in previous years and concluded (36) that reasoned qualitative arguments supported the exemption on the grounds of disproportionate costs. Considering that the circumstances of the fishery have not changed, the exemptions should be maintained. The Member States should provide by 1 May 2023 evidence on fishing patterns.

(44)

The following de minimis exemptions from the landing obligation should apply to the South-Western Waters.

(45)

Delegated Regulation (EU) 2019/2237 included a de minimis exemption for:

(46)

Delegated Regulation (EU) 2019/2237 included a de minimis exemption for hake caught with trawls and seines in ICES subareas 8 and 9. The Member States requested that the exemption be continued. The STECF reviewed the new evidence submitted by the Member States in 2020. STECF concluded (37) that the analysis on additional costs as a consequence of handling unwanted catches are tailored to the fleets targeting hake and that the results indicate that there will be an increase in handling and sorting time of unwanted catches. The evidence is comprehensive and sufficient to support the exemption and it should be maintained. The exemption should also be granted for hake and common sole caught by vessels using pair trawls and otter trawls (OTM, PTM).

(47)

Delegated Regulation (EU) 2019/2237 included a de minimis exemption for common sole caught with beam trawls and bottom trawls in ICES divisions 8a and 8b and for common sole caught with trammel nets and gillnets in ICES divisions 8a and 8b. The Member States requested that the exemptions be continued. The STECF reviewed the evidence submitted by the Member States in previous years and concluded (38) that the joint recommendation contained reasoned arguments demonstrating difficulties in increasing selectivity and disproportionate costs of handling unwanted catches. Therefore, considering that the circumstances have not changed, these de minimis exemptions should be maintained. The exemption should also be granted for common sole caught by vessels using pair trawls and otter trawls (OTM, PTM).

(48)

Delegated Regulation (EU) 2019/2237 included a de minimis exemption for alfonsinos caught with hooks and lines in ICES subarea 10. The Member States requested that the exemption be continued. The STECF reviewed the evidence submitted by the Member States in previous years and concluded (39) that the information provided contained reasoned arguments demonstrating that further improvements in selectivity are difficult to achieve or imply disproportionate costs in handling unwanted catches. Considering that the circumstances have not changed, that exemption should be maintained.

(49)

Delegated Regulation (EU) 2019/2237 included a de minimis exemption for:

(50)

Delegated Regulation (EU) 2018/2033 included a de minimis exemption for:

(51)

The Member States requested that these exemptions be continued and that it be granted for anglerfish caught with pelagic trawls. The Member States provided a detailed economic analysis on disproportionate costs of unwanted catches that was evaluated by STECF (40). The STECF concluded that although the study is detailed and extensive, the STECF could not fully evaluate its methodology during the written procedure. Given the information provided by the Member States and that the STECF could not assess the methodology of the study, those exemptions should be included in this Regulation. Member States should provide as soon as possible, but not later than 1 May every year additional data supporting the exemption.

(52)

Delegated Regulation (EU) 2019/2237 included a de minimis exemption for:

(53)

The Member States requested that these exemptions be continued for whiting caught with trawls and seines in ICES subarea 8, and be granted for whiting caught with pelagic trawls. Member States provided new evidence. The STECF concluded (41) that that there are indications that improving selectivity is difficult in mixed demersal fisheries in which whiting are caught without significant losses of other marketable catch and that new studies are ongoing. The exemption should be granted for two years. The Member States concerned should provide additional scientific information resulting from the ongoing studies as soon as possible and not later than 1 May every year.

(54)

The Member States requested to continue the de minimis exemption for whiting caught with gillnets in ICES subarea 8 and provided new evidence. The STECF concluded (42) that improving selectivity in gillnet fisheries is difficult to achieve. However, improvements in the information provided on disproportionate costs are required. The exemption should be granted for two years and the Member States concerned should provide additional data as soon as possible, but not later than 1 May every year.

(55)

Delegated Regulation (EU) No 1394/2014 included de minimis exemptions for:

(56)

The Member States requested that the exemptions be continued with regard to pelagic fisheries. Delegated Regulation (EU) No 1394/2014 provided for these exemptions following a positive STECF assessment in previous years (43) and the exemptions were granted on the basis of difficulties encountered in improving selectivity for blue whiting, horse mackerel and mackerel; and high costs of handling unwanted catches in the case of albacore and anchovy. Considering that the circumstances have not changed, the exemption should therefore be maintained.

(57)

Following the new joint recommendations, it is appropriate to repeal Delegated Regulation (EU) 2019/2239 and Delegated Regulations (EU) 2019/2237 and to replace them with a new Regulation.

(58)

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 upon publication. It should apply from 1 January 2021,