(1)

Regulation (EU) No 1380/2013 aims to eliminate progressively discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits. In the Mediterranean Sea, it also applies to catches of species subject to minimum conservation reference sizes as listed in Annex IX to Regulation (EU) 2019/1241 of the European Parliament and of the Council (2).

(2)

Pursuant to Article 15(1)(a) of Regulation (EU) No 1380/2013, the landing obligation applies to small pelagic fisheries from 1 January 2015.

(3)

In order to avoid disproportionate costs of handling unwanted catches, Commission Delegated Regulation (EU) 2018/161 (3) allowed the discarding of a small percentage of catches of species subject to minimum conservation reference sizes. It provided for a combined de minimis exemption that applies to small pelagic fisheries using pelagic mid-water trawl and/or purse seines and catching anchovy, sardine, mackerel and horse mackerel in the General Fisheries for the Commission of the Mediterranean (GFCM) geographical sub-areas 1, 2, 5, 6, 7, 8, 9, 10, 11.1, 11.2, and 12 (western Mediterranean Sea); 17 and 18 (Adriatic Sea); and 15, 16, 19, 20, 22, 23 and 25 (south-eastern Mediterranean Sea). Commission Delegated Regulation (EU) 2020/2012 (4) extended the application of the combined de minimis exemption until 31 December 2023.

(4)

In May 2023, the Pescamed High-Level Group in the western Mediterranean (Spain, France and Italy), the Adriatica High-Level Group in the Adriatic Sea (Croatia, Italy and Slovenia) and the Sudestmed High-Level Group in the south-eastern Mediterranean Sea (Cyprus, Greece, Italy and Malta) submitted initial joint recommendations requesting the extension of the de minimis exemptions laid down in Delegated Regulation (EU) 2018/161.

(5)

On 15 June 2023, the Scientific, Technical and Economic Committee for Fisheries (‘STECF’) assessed the scientific evidence supporting those initial joint recommendations (5).

(6)

Regarding the disproportionate costs of handling unwanted catches and the levels of unwanted catches, while the STECF noted that such information has improved, further work on data collection for specific fleets is needed.

(7)

Regarding the data and information on disproportionate costs of handling unwanted catches provided by the Adriatica High-Level Group and the Pescamed High-Level Group, the STECF noted that the studies conducted indicated the inability to increase selectivity and the disproportionate costs of managing the unwanted catches.

(8)

Regarding the data and information on disproportionate costs of handling unwanted catches provided by the Sudestmed High-Level Group for purse seiners, the STECF noted that while the information sent by Greece strengthens the justification for the exemption, further work is needed to assess the representativeness of that information for the other fleets of the Suedestmed High-Level Group operating in the south-eastern Mediterranean. The STECF also noted the low level of discards.

(9)

On 27 June 2023, the Sudestmed High-Level Group and on 28 June 2023, the Adriatica High-Level Group and Pescamed High-Level Group submitted updated joint recommendations.

(10)

Under Article 18 of Regulation (EU) No 1380/2013, the Commission has considered the updated joint recommendation of Pescamed, Adriatic and Sudestmed High-Level Groups in light of the STECF’s assessment of the initial joint recommendation to ensure that the updated joint recommendations are compatible with the relevant Union conservation measures, including the landing obligation.

(11)

The Commission has also taken into account that: (i) the upcoming evaluation of the landing obligation (6) is expected to provide more information on the effectiveness, efficiency, coherence, relevance and added value of the landing obligation; and (ii) the Scientific, Technical and Economic Committee for Fisheries (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.

(12)

The Commission also notes that in the 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. This results in disproportionate costs of handling unwanted catches.

(13)

In their updated joint recommendations, Member States renewed their commitment to improve further the data collection for specific fleets to have a better representativity of the data.

(14)

For the reasons set out in recitals 4-13 above, and to avoid disproportionate costs of handling unwanted catches and the interruption of the activities of the fisheries concerned and of related economic activities, the Commission therefore considers the exemptions should be granted from 1 January 2024 to 31 December 2027.

(15)

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 2024,

(a)

‘species subject to a minimum size’ means any species listed in Annex IX to Regulation (EU) 2019/1241;

(b)

‘Mediterranean Sea’ means maritime waters of the Mediterranean to the east of line 5°36′ West;

(c)

‘GFCM Geographical Sub-Area’ means General Fisheries Commission for the Mediterranean (GFCM) Geographical Sub-Area as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council (7);

(d)

‘western Mediterranean Sea’ means GFCM Geographical Sub-Areas 1, 2, 5, 6, 7, 8, 9, 10, 11.1, 11.2 and 12;

(e)

‘south-eastern Mediterranean Sea’ means GFCM Geographical Sub-Areas 15, 16, 19, 20, 22, 23 and 25;

(f)

‘Adriatic Sea’ means GFCM Geographical Sub-Areas 17 and 18;

(g)

‘Southern Adriatic and Ionian Sea’ means GFCM Geographical Sub-Areas 18, 19 and 20.

—

for anchovy, sardine, mackerel and horse mackerel, up to 5 % of the total annual catches of those species caught by vessels using mid-water trawls and purse seines in the western Mediterranean Sea (GSAs 1, 2, 5, 6, 7, 8, 9, 10, 11.1, 11.2 and 12);

—

for anchovy, sardine, mackerel and horse mackerel, up to 5 % of the total annual catches of those species caught by vessels using mid-water trawls in the Adriatic Sea (GSAs 17 and 18);

—

for anchovy, sardine, mackerel and horse mackerel, up to 3 % of the total annual catches of those species caught by vessels using purse seines in the Adriatic Sea (GSAs 17 and 18);

—

for anchovy, sardine, mackerel and horse mackerel, up to 1 % of the total annual catches of those species caught by vessels using mid-water trawls in the south – eastern Mediterranean (GSAs 15, 16, 19, 20, 22, 23 and 25);

—

for anchovy, sardine, mackerel and horse mackerel, up to 3 % of the total annual catches of those species caught by vessels using purse seine in the south-eastern Mediterranean (GSAs 20, 22 and 23);

—

for anchovy, sardine, mackerel and horse mackerel, up to 1 % of the total annual catches of those species caught by vessels using purse seine in the south-eastern Mediterranean (GSAs 15, 16, 19 and 25).