(1)

Regulation (EU) No 1380/2013 aims to progressively eliminate discards in Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits and, in the Mediterranean, also catches of species subject to minimum sizes.

(2)

According to Article 15(1)(d) of Regulation (EU) No 1380/2013, the landing obligation applies for demersal fisheries in the Mediterranean Sea at the latest from 1 January 2017 to species that define the fisheries and at the latest from 1 January 2019 to all other species.

(3)

Article 15(6) of Regulation (EU) No 1380/2013 empowers the Commission to adopt discard plans by means of a delegated act, for a period of no more than three years that may be renewed for a further total period of three years, on the basis of joint recommendations developed by Member States in consultation with the relevant Advisory Councils. Discard plans may contain the specifications referred to in Article 15(5)(a) to (e) of Regulation (EU) No 1380/2013, including the fixing of minimum conservation reference sizes.

(4)

Article 15a of Regulation (EC) No 1967/2006 and Article 15(2) of Regulation (EU) 2019/1241 empower the Commission to establish, for the purpose of adopting discard plans and for the species subject to the landing obligation, a minimum conservation reference size with the aim of ensuring the protection of juveniles of marine organisms. According to these Articles, minimum conservation reference sizes may derogate, where appropriate, from the sizes established in Annex III to that Regulation and, following the entry into force of Article 32 of Regulation (EU) 2019/1241 from the sizes established in Annex IX to Regulation (EU) 2019/1241.

(5)

Commission Delegated Regulation (EU) 2016/2376 established a discard plan for Venus shells (Venus spp.) in the Italian territorial waters from 1 January 2017 to 31 December 2019, following a recommendation submitted by Italy.

(6)

Italy, as the single Member State with a direct management interest in the Venus shells (Venus spp.) fisheries, in the Italian territorial waters of GFCM Geographical Sub-Areas 9, 10, 17 and 18, submitted to the Commission, in line with the procedure of Article 18 of Regulation (EU) No 1380/2013, a new joint recommendation for a discard plan for the Venus shells (Venus spp.) stock, after consultation of the Mediterranean Advisory Council (MEDAC).

(7)

The new joint recommendation submitted by Italy was reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF) at its plenary session of 1-5 July 2019 (4).

(8)

The new joint recommendation suggests applying a high survivability exemption for Venus shells (Venus spp.) in the fishery carried out with hydraulic dredges in Italian territorial waters of GFCM Geographical Sub-Areas 9, 10, 17 and 18. The Member State provided scientific evidence in order to demonstrate high discard survival rates for Venus shells (Venus spp.) in that fishery and transmitted a scientific monitoring programme. The evidence was submitted to STECF, which concluded that discard survival is expected to be substantial. The STECF also concluded that the proposed scientific monitoring programme should provide robust data and information to allow evaluating the effects of the discard plan. In light of that assessment, it is appropriate to include that exemption in this Regulation for a period of 3 years.

(9)

The new joint recommendation suggests furthermore that the reduced minimum conservation reference size for Venus shells (Venus spp.) established in Delegated Regulation (EU) 2016/2376 by way of derogation from Annex III to Council Regulation (EC) No 1967/2006 should continue to apply. The STECF noted that the reduced minimum conservation reference size is still larger than the defined size at first maturity and that there is no evidence to suggest that the reduction in the minimum conservation reference size has had a detrimental impact on the stock. The STECF concluded that the request for a continuation of the reduced minimum conservation reference size seems reasonable. However, the STECF also concluded that the past and the predicted future impacts of the reduced minimum size on exploitation rates and stock biomass cannot be fully assessed. Further studies and data on those impacts would be therefore needed. Regulation (EU) 2019/1241, which establishes regional technical measures for the Mediterranean Sea in Annex IX, came into force only on 14 August 2019, and does not provide for transitional measures as regards the procedure for the adoption of delegated acts amending such regional technical measures. The joint recommendation was submitted by Italy and assessed by the STECF before the entry into force of Regulation (EU) 2019/1241 and therefore did not refer to Regulation (EU) 2019/1241. Nevertheless, in view of these exceptional circumstances, the Commission considers that on the basis of information available to it at this stage in the joint recommendation and STECF assessment there does not appear any element indicating that the proposed reduced minimum conservation reference size would fail to comply with the requirements established for technical measures in Article 15 of Regulation (EU) 2019/1241. In light of the above conclusions, it is appropriate to grant the requested derogation for one year only.

(10)

The measures suggested in the joint recommendation are in line with Article 18(3) of Regulation (EU) No 1380/2013.

(11)

In order to ensure appropriate control over the implementation of the landing obligation, the Member State should establish a list of vessels covered by the present Regulation.

(12)

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

(13)

It should apply from 1 January 2020 for a duration of three years. The application of a reduced minimum conservation reference size for Venus shells (Venus spp.) of 22 mm, should be limited to one year.