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Document 02019R1241-20220601
Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005
Consolidated text: Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005
Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005
02019R1241 — EN — 01.06.2022 — 006.002
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REGULATION (EU) 2019/1241 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 (OJ L 198 25.7.2019, p. 105) |
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COMMISSION DELEGATED REGULATION (EU) 2020/2013 of 21 August 2020 |
L 415 |
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COMMISSION DELEGATED REGULATION (EU) 2021/1160 of 12 May 2021 |
L 250 |
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15.7.2021 |
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COMMISSION DELEGATED REGULATION (EU) 2021/2324 of 23 August 2021 |
L 465 |
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29.12.2021 |
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COMMISSION DELEGATED REGULATION (EU) 2022/199 of 2 December 2021 |
L 33 |
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15.2.2022 |
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COMMISSION DELEGATED REGULATION (EU) 2022/200 of 2 December 2021 |
L 33 |
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COMMISSION DELEGATED REGULATION (EU) 2022/303 of 15 December 2021 |
L 46 |
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25.2.2022 |
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COMMISSION DELEGATED REGULATION (EU) 2022/826 of 23 March 2022 |
L 147 |
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30.5.2022 |
REGULATION (EU) 2019/1241 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 June 2019
on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down technical measures concerning:
the taking and landing of marine biological resources;
the operation of fishing gear; and
the interaction of fishing activities with marine ecosystems.
Article 2
Scope
Subject to the conditions set out in Articles 25 and 26, the technical measures set out in this Regulation shall not apply to fishing operations conducted solely for the purpose of:
scientific investigations; and
direct restocking or transplantation of marine species.
Article 3
Objectives
Technical measures shall in particular contribute to achieving the following objectives:
optimise exploitation patterns to provide protection for juveniles and spawning aggregations of marine biological resources;
ensure that incidental catches of sensitive marine species, including those listed under Directives 92/43/EEC and 2009/147/EC, that are a result of fishing, are minimised and where possible eliminated so that they do not represent a threat to the conservation status of these species;
ensure, including by using appropriate incentives, that the negative environmental impacts of fishing on marine habitats are minimised;
have in place fisheries management measures for the purposes of complying with Directives 92/43/EEC, 2000/60/EC and 2008/56/EC, in particular with a view to achieving good environmental status in line with Article 9(1) of Directive 2008/56/EC, and with Directive 2009/147/EC.
Article 4
Targets
Technical measures shall aim to ensure that:
catches of marine species below the minimum conservation reference size are reduced as far as possible in accordance with Article 2(2) of Regulation (EU) No 1380/2013.
incidental catches of marine mammals, marine reptiles, seabirds and other non-commercially exploited species do not exceed levels provided for in Union legislation and international agreements that are binding on the Union.
the environmental impacts of fishing activities on seabed habitats are in line with point (j) of Article 2(5) of Regulation (EU) No 1380/2013.
Article 5
Definition of fishing zones
For the purposes of this Regulation, the following geographical definitions of fishing zones shall apply:
‘North Sea’ means Union waters in ICES divisions ( 1 ) 2a and 3a and ICES sub-area 4;
‘Baltic Sea’ means Union waters in ICES divisions 3b, 3c and 3d;
‘North Western waters’ means Union waters in ICES sub-areas 5, 6 and 7;
‘South Western waters’ means ICES sub-areas 8, 9 and 10 (Union waters) and CECAF zones ( 2 ) 34.1.1, 34.1.2 and 34.2.0 (Union waters);
‘Mediterranean Sea’ means the maritime waters of the Mediterranean to the East of line 5°36′ W;
‘Black Sea’ means waters in GFCM geographical sub-area 29 as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council ( 3 );
‘Union waters in the Indian Ocean and the West Atlantic’ means waters around Guadeloupe, French Guiana, Martinique, Mayotte, Réunion and Saint Martin under the sovereignty or jurisdiction of a Member State;
‘NEAFC Regulatory Area’ means the waters of the NEAFC Convention Area which lie beyond the waters under the fisheries jurisdiction of the Contracting Parties as defined in Regulation (EU) No 1236/2010 of the European Parliament and of the Council ( 4 );
‘GFCM Agreement area’ means the Mediterranean Sea and the Black Sea and connecting waters, as defined in Regulation (EU) No 1343/2011.
Article 6
Definitions
For the purposes of this Regulation, in addition to the definitions set out in Article 4 of Regulation (EU) No 1380/2013, the following definitions apply:
‘exploitation pattern’ means how fishing mortality is distributed across the age and size profile of a stock;
‘selectivity’ means a quantitative expression represented as a probability of capture of marine biological resources of a certain size and/or species;
‘directed fishing’ means fishing effort targeted at a specific species or group of species and may be further specified at regional level in delegated acts adopted pursuant to Article 27(7) of this Regulation;
‘good environmental status’ means the environmental status of marine waters as defined by Article 3(5) of Directive 2008/56/EC;
‘conservation status of a species’ means the sum of the influences acting on the species concerned that may affect the long-term distribution and abundance of its populations;
‘conservation status of a habitat’ means the sum of the influences acting on a natural habitat and its typical species that may affect its long-term natural distribution, structure and functions as well as the long-term survival of its typical species;
‘sensitive habitat’ means a habitat whose conservation status, including its extent and the condition (structure and function) of its biotic and abiotic components, is adversely affected by pressures arising from human activities, including fishing activities. Sensitive habitats, in particular, include habitat types listed in Annex I, and habitats of species listed in Annex II to Directive 92/43/EEC, habitats of species listed in Annex I to Directive 2009/147/EC, habitats whose protection is necessary to achieve good environmental status under Directive 2008/56/EC and vulnerable marine ecosystems as defined by point (b) of Article 2 of Council Regulation (EC) No 734/2008 ( 5 );
‘sensitive species’ means a species whose conservation status, including its habitat, distribution, population size or population condition is adversely affected by pressures arising from human activities, including fishing activities. Sensitive species, in particular, include species listed in Annexes II and IV to Directive 92/43/EEC, species covered by Directive 2009/147/EC and species whose protection is necessary to achieve good environmental status under Directive 2008/56/EC;
‘small pelagic species’ means species such as mackerel, herring, horse mackerel, anchovy, sardine, blue whiting, argentines, sprat, and boarfish;
‘Advisory Councils’ means stakeholder groups established in accordance with Article 43 of Regulation (EU) No 1380/2013;
‘trawl’ means fishing gear which is actively towed by one or more fishing vessels and consisting of a net closed at the back by a bag or a codend;
‘towed gear’ means any trawls, Danish seines, dredges and similar gear which are actively moved in the water by one or more fishing vessels or by any other mechanised system;
‘bottom trawl’ means a trawl designed and rigged to operate on or near the seabed;
‘bottom pair trawl’ means a bottom trawl towed by two boats simultaneously, one towing each side of the trawl. The horizontal opening of the trawl is maintained by the distance between the two vessels as they tow the gear;
‘pelagic trawl’ means a trawl designed and rigged to operate in midwater;
‘beam trawl’ means gear with a trawl net open horizontally by a beam, wing or similar device;
‘electric pulse trawl’ means a trawl which uses an electric current to catch marine biological resources;
‘Danish seine’ or ‘Scottish seine’ means an encircling and towed gear, operated from a boat by means of two long ropes (seine ropes) designed to herd the fish towards the opening of the seine. The gear is made up of a net which is similar in design to a bottom trawl;
‘shore seines’ means surrounding nets and towed seines set from a boat and pulled towards the shore as they are being operated from the shore or from a vessel moored or anchored by the shore;
‘surrounding nets’ means nets which catch fish by surrounding them both from the sides and from below. They may or may not be equipped with a purse line;
‘purse seine’ or ‘ring nets’ means any surrounding net where the bottom is drawn together by means of a purse line situated at the bottom of the net, which passes through a series of rings along the groundrope, enabling the net to be pursed and closed;
‘dredges’ means gear which are either actively towed by the main boat engine (boat dredge) or hauled by a motorised winch from an anchored vessel (mechanised dredge) to catch bivalves, gastropods or sponges and which consist of a net bag or metal basket mounted on a rigid frame or rod of variable size and shape whose lower part may carry a scraper blade that can be either rounded, sharp or toothed, and may or may not be equipped with skids and diving boards. Some dredges are equipped with hydraulic equipment (hydraulic dredges). Dredges pulled by hand or by manual winches in shallow waters with or without a boat to catch bivalves, gastropods or sponges (hand dredges) shall not be considered towed gear for the purpose of this Regulation;
‘static nets’ means any type of gillnet, entangling net or trammel net that is anchored to the seabed for fish to swim into and become entangled or enmeshed in the netting;
‘driftnet’ means a net held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift;
‘gillnet’ means a static net made up of a single piece of net and held vertically in the water by floats and weights;
‘entangling net’ means a static net consisting of a wall of netting rigged so that the netting is hung onto the ropes to create a greater amount of slack netting than a gillnet;
‘trammel net’ means a static net made up of several layers of netting with two outer layers of a large mesh size with a sheet of small mesh sandwiched between them;
‘combined gillnet and trammel net’ means any bottom-set gillnet combined with a trammel net which constitutes the lower part;
‘longline’ means a fishing gear consisting of a main line of variable length, to which branch lines (snoods) with hooks are fixed at intervals determined by the target species. The main line is anchored either horizontally on or near the bottom or vertically, or can be allowed to drift on the surface;
‘pots and creels’ means traps in the form of cages or baskets having one or more entrances, designed to catch crustaceans, molluscs or fish, that are set on the seabed or suspended above it;
‘handline’ means a single fishing line with one or more lures or baited hooks;
‘St Andrew’s cross’ means a grab which employs a scissor-like action to harvest for example bivalve molluscs or red coral from the seabed;
‘codend’ means the rearmost part of the trawl, having either a cylindrical shape, with the same circumference throughout, or a tapering shape. It can be made up of one or more panels (pieces of netting) attached to one another along their sides and can include the lengthening piece which is made up of one or more panels located just in front of the codend sensu stricto;
‘mesh size’ means:
for knotted netting: the longest distance between two opposite knots in the same mesh when fully extended;
for knotless netting: the inside distance between the opposite joints in the same mesh when fully extended along its longest possible axis;
‘square mesh’ means a quadrilateral mesh composed of two sets of parallel bars of the same nominal length, where one set is parallel to, and the other is at right angles to, the longitudinal axis of the net;
‘diamond mesh’ means a mesh composed of four bars of the same length where the two diagonals of the mesh are perpendicular and one diagonal is parallel to the longitudinal axis of the net;
‘T90’ means trawls, Danish seines or similar towed gear having a codend and extension piece produced from knotted diamond mesh netting turned 90o so that the main direction of run of the netting is parallel to the towing direction;
‘Bacoma exit window’ means an escape panel constructed in knotless square mesh netting fitted into the top panel of a codend with its lower edge no more than four meshes from the codline;
‘sieve net’ means a piece of netting attached to the full circumference of the shrimp trawl in front of the codend or extension piece, and tapering to an apex where it is attached to the bottom sheet of the shrimp trawl. An exit hole is cut where the sieve net and codend join, allowing species or individuals too large to pass through the sieve to escape, whereas the shrimp can pass through the sieve and into the codend;
‘drop’ means the sum of the height of the meshes (including knots) in a net when wet and stretched perpendicular to the float line;
‘immersion time’ or ‘soak time’ means the period from the point of time when the gear is first put in the water until the point of time when the gear is fully recovered on board the fishing vessel;
‘gear monitoring sensors’ means remote electronic sensors that are placed on fishing gear to monitor key performance parameters such as the distance between trawl doors or volume of the catch;
‘weighted line’ means a line of baited hooks with added weight to increase its sinking speed and thereby reduce its time of exposure to seabirds;
‘acoustic deterrent device’ means devices aimed to deter species such as marine mammals from fishing gear by emitting acoustic signals;
‘bird scaring lines’ (also called a tori line) means lines with streamers that are towed from a high point near the stern of fishing vessels as baited hooks are deployed, with the aim of scaring seabirds away from the hooks;
‘direct restocking’ means the activity of releasing live wild animals of selected species into waters where they occur naturally, in order to use the natural production of the aquatic environment to increase the number of individuals available for fisheries and/or to increase natural recruitment;
‘transplantation’ means the process by which a species is intentionally transported and released by humans within areas of established populations of that species;
‘selectivity performance indicator’ means a reference tool to monitor progress over time towards the achievement of the CFP objective of minimising unwanted catches;
‘spear gun’ means a pneumatic or mechanically powered hand-held gun that shoots a spear for the purpose of underwater fishing;
‘length of optimal selectivity (Lopt)’ is the average length of capture, provided by the best available scientific advice, that optimises the growth of individuals in a stock.
CHAPTER II
COMMON TECHNICAL MEASURES
SECTION 1
Prohibited fishing gear and uses
Article 7
Prohibited fishing gear and methods
It shall be prohibited to catch or harvest marine species using the following methods:
toxic, stupefying or corrosive substances;
electric current except for the electric pulse trawl, which shall only be allowed under the specific provisions of Part D of Annex V;
explosives;
pneumatic hammers or other percussive instruments;
towed devices for harvesting red coral or other type of corals or coral-like organisms;
St Andrew’s cross and similar grabs for harvesting, in particular, red coral or other type of corals and coral-like species;
any type of projectile, with the exception of those used to kill caged or trapped tuna and of hand-held spears and spear guns used in recreational fishing without an aqualung, from dawn until dusk.
SECTION 2
General restrictions on gear and conditions for their use
Article 8
General restrictions on the use of towed gear
Paragraph 1 shall not apply to dredges. However, during any voyage when dredges are carried on board the following shall apply:
it shall be prohibited to tranship marine organisms;
in the Baltic Sea it shall be prohibited to retain on board or land any quantity of marine organisms unless at least 85 % of the live weight thereof consists of molluscs and/or Furcellaria lumbricalis;
in all other sea basins, except in the Mediterranean Sea, where Article 13 of Regulation (EC) No 1967/2006 applies, it shall be prohibited to retain on board or land any quantity of marine organisms unless at least 95 % by live weight thereof consists of bivalve molluscs, gastropods and sponges.
Points (b) and (c) of this paragraph shall not apply to unintended catches of species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Such unintended catches shall be landed and counted against quotas.
The Commission may adopt implementing acts establishing detailed rules for the specification of codends and the devices referred to in paragraph 4. Those implementing acts shall be based on the best available scientific and technical advice and may define:
restrictions on twine thickness;
restrictions on the circumference of codends;
restrictions on the use of netting materials;
structure and attachment of codends;
permitted devices to reduce wear and tear; and
permitted devices to limit the escape of catches.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 30(2).
Article 9
General restrictions on the use of static nets and driftnets
It shall be prohibited to use bottom-set gillnets, entangling nets and trammel nets to catch the following species:
Albacore (Thunnus alalunga);
Bluefin tuna (Thunnus thynnus);
Ray’s bream (Brama brama);
Swordfish (Xiphias gladius);
Sharks belonging to the following species or families Hexanchus griseus; Cetorhinus maximus; all species of Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae.
Notwithstanding paragraph 6 of this Article:
specific derogations as set out in point 6.1 of Part C of Annex V, point 9.1 of Part C of Annex VI and point 4.1 of Part C of Annex VII shall apply where the charted depth is between 200 and 600 m;
the deployment of bottom set gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 m shall be allowed in the Mediterranean Sea.
SECTION 3
Protection of sensitive species and habitats
Article 10
Prohibited fish and shellfish species
Article 11
Catches of marine mammals, seabirds and marine reptiles
Article 12
Protection for sensitive habitats including vulnerable marine ecosystems
SECTION 4
Minimum conservation reference sizes
Article 13
Minimum conservation reference sizes
The minimum conservation reference sizes of marine species specified in Part A of Annexes V to X to this Regulation shall apply for the purpose of:
ensuring the protection of juveniles of marine species pursuant to Article 15(11) and (12) of Regulation (EU) No 1380/2013;
establishing fish stock recovery areas pursuant to Article 8 of Regulation (EU) No 1380/2013;
constituting minimum marketing sizes pursuant to Article 47(2) of Regulation (EU) No 1379/2013 of the European Parliament and of the Council ( 6 ).
SECTION 5
Measures to reduce discarding
Article 14
Pilot projects for the avoidance of unwanted catches
CHAPTER III
REGIONALISATION
Article 15
Regional technical measures
Technical measures established at regional level are set out in the following Annexes:
in Annex V for the North Sea;
in Annex VI for North Western Waters;
in Annex VII for South Western Waters;
in Annex VIII for the Baltic Sea;
in Annex IX for the Mediterranean Sea;
in Annex X for the Black Sea;
in Annex XI for Union waters in the Indian Ocean and the West Atlantic;
in Annex XIII for sensitive species.
The technical measures adopted pursuant to paragraph 2 of this Article shall:
aim at achieving the objectives and targets set out in Articles 3 and 4 of this Regulation;
aim at achieving the objectives and comply with the conditions set out in other relevant Union acts adopted in the area of the CFP, in particular in the multiannual plans referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013;
be guided by the principles of good governance set out in Article 3 of Regulation (EU) No 1380/2013;
as a minimum, lead to such benefits for the conservation of marine biological resources that are at least equivalent, in particular in terms of exploitation patterns and the level of protection provided for sensitive species and habitats, to the measures referred to in paragraph 1. The potential impact of fishing activities on the marine ecosystem shall also be taken into account.
Article 16
Species and size selectivity of fishing gear
A joint recommendation submitted for the purpose of adopting the measures referred to in Article 15(2) in relation to size-selective and species-selective characteristics of gear shall provide scientific evidence demonstrating that those measures result in selectivity characteristics for specific species or combination of species which are at least equivalent to the selectivity characteristics of the gear set out in Part B of Annexes V to X and in Part A of Annex XI.
Article 17
Closed or restricted areas to protect juveniles and spawning aggregations
A joint recommendation submitted for the purpose of adopting the measures referred to in Article 15(2) in relation to Part C of Annexes V to VIII and X and Part B of Annex XI or in order to establish new closed or restricted areas shall include the following elements in respect of such closed or restricted areas:
the objective of the closure;
the geographical extent and duration of the closure;
restrictions on specific gear; and
control and monitoring arrangements.
Article 18
Minimum conservation reference sizes
A joint recommendation submitted for the purpose of adopting the measures referred to in Article 15(2) in relation to Part A of Annexes V to X shall respect the objective of ensuring the protection of juveniles of marine species.
Article 19
Real-time closures and moving-on provisions
A joint recommendation submitted for the purpose of adopting the measures referred to in Article 15(2) in relation to the creation of real-time closures with the aim of ensuring the protection of sensitive species or of aggregations of juveniles, spawning fish or shellfish species, shall include the following elements:
the geographical extent and duration of the closures;
the species and threshold levels that trigger the closure;
the use of highly selective gear to allow access to otherwise closed areas; and
control and monitoring arrangements.
A joint recommendation submitted for the purpose of adopting the measures referred to in Article 15(2), in relation to moving-on provisions, shall include:
the species and threshold levels that trigger an obligation to move;
the distance by which a vessel is to move away from its previous fishing position.
Article 20
Innovative fishing gear
Article 21
Nature conservation measures
A joint recommendation submitted for the purpose of adopting the measures referred to in Article 15(2), in relation to the protection of sensitive species and habitats, may in particular:
develop lists of sensitive species and habitats most at risk from fishing activities within the relevant region based on the best available scientific advice;
specify the use of additional or alternative measures to those referred to in Annex XIII to minimise the incidental catches of the species referred to in Article 11;
provide information on the effectiveness of existing mitigation measures and monitoring arrangements;
specify measures to minimise the impacts of fishing gear on sensitive habitats;
specify restrictions on the operation of certain gear or introduce a total prohibition on the use of certain fishing gear within an area where such gear represent a threat to the conservation status of species in that area as referred to in Articles 10 and 11 or other sensitive habitats.
Article 22
Regional measures under temporary discard plans
When Member States submit joint recommendations for the establishment of technical measures in temporary discard plans referred to in Article 15(6) of Regulation (EU) No 1380/2013, those recommendations may contain, inter alia, the following elements:
specifications of fishing gear and the rules governing their use;
specifications of modifications to fishing gear or use of selectivity devices to improve size or species selectivity;
restrictions or prohibitions on the use of certain fishing gear and on fishing activities in certain areas or during certain periods;
minimum conservation reference sizes;
derogations adopted on the basis of Article 15(4) of Regulation (EU) No 1380/2013.
Article 23
Pilot projects on full documentation of catches and discards
Article 24
Implementing acts
The Commission may adopt implementing acts, establishing the following:
the specifications of the selection devices attached to the gear set out in Part B of Annexes V to IX;
detailed rules on the specifications of the fishing gear described in Part D of Annex V relating to restrictions on gear construction and the control and monitoring measures to be adopted by the flag Member State;
detailed rules on the control and monitoring measures to be adopted by the flag Member State when using the gear referred to in point 6 of Part C of Annex V, point 9 of Part C of Annex VI, and point 4 of Part C of Annex VII;
detailed rules on the control and monitoring measures to be adopted for the closed or restricted areas described in point 2 of Part C of Annex V, and points 6 and 7 of part C of Annex VI;
detailed rules on the signal and implementation characteristics of acoustic deterrent devices as referred to in Part A of Annex XIII;
detailed rules on the design and deployment of bird scaring lines and weighted lines as referred to in Part B of Annex XIII;
detailed rules on the specifications for the turtle excluder device referred to in Part C of Annex XIII.
CHAPTER IV
SCIENTIFIC RESEARCH, DIRECT RESTOCKING AND TRANSPLANTATION
Article 25
Scientific research
The technical measures provided for in this Regulation shall not apply to fishing operations conducted for the purpose of scientific investigations subject to the following conditions:
the fishing operations are to be carried out with the permission and under the authority of the flag Member State;
the Commission and the Member State in the waters under the sovereignty or jurisdiction of which the fishing operations take place (‘the coastal Member State’), are to be informed at least two weeks in advance of the intention to conduct such fishing operations detailing the vessels involved and the scientific investigations to be undertaken;
the vessel or vessels conducting the fishing operations are to have a valid fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009;
if requested by the coastal Member State to the flag Member State, the master of the vessel shall be required to take on board an observer from the coastal Member State during the fishing operations, unless this is not possible for security reasons;
fishing operations conducted by commercial vessels for the purpose of scientific investigation shall be limited in time. When the fishing operations conducted by commercial vessels for a specific research involve more than six commercial vessels, the Commission shall be informed by the flag Member State at least three months in advance and shall seek, where appropriate, the advice of STECF to confirm that this level of participation is justified on scientific grounds; if the level of participation is not considered justified according to the advice of STECF, the concerned Member State shall amend the conditions of the scientific research accordingly;
in the case of electric pulse trawl, vessels conducting scientific research must follow a specific scientific protocol as part of a scientific research plan that has been reviewed or validated by ICES or STECF, as well as a system for monitoring, control and evaluation.
Marine species caught for the purposes specified in paragraph 1 of this Article may be sold, stored, displayed or offered for sale, provided that they are counted against quotas in accordance with Article 33(6) of Regulation (EC) No 1224/2009, where applicable, and:
they meet the minimum conservation reference sizes set out in Annexes IV to X to this Regulation; or
they are sold for purposes other than direct human consumption.
Article 26
Direct restocking and transplantation
CHAPTER V
CONDITIONS IN RELATION TO MESH SIZE SPECIFICATIONS
Article 27
Conditions in relation to mesh size specifications
CHAPTER VI
TECHNICAL MEASURES IN THE NEAFC REGULATORY AREA
Article 28
Technical measures in the NEAFC Regulatory Area
Technical measures applicable in the NEAFC Regulatory Area are set out in Annex XII.
CHAPTER VII
PROCEDURAL PROVISIONS
Article 29
Exercise of the delegation
Article 30
Committee procedure
CHAPTER VIII
FINAL PROVISIONS
Article 31
Review and reporting
Article 32
Amendments to Regulation (EC) No 1967/2006
Regulation (EC) No 1967/2006 is amended as follows:
Articles 3, 8 to 12, 14, 15, 16 and 25 are deleted;
Annexes II, III and IV are deleted.
References to the deleted Articles and Annexes shall be construed as references to the relevant provisions of this Regulation.
Article 33
Amendments to Regulation (EC) No 1224/2009
In Chapter IV of Regulation (EC) No 1224/2009, Title IV is amended as follows:
Section 3 is deleted;
the following Section is added:
Article 54a
On-board processing
Paragraph 1 shall not apply to:
the processing or transhipment of offal; or
the production on board a fishing vessel of surimi.
Article 54b
Catch handling and discharge restrictions on pelagic vessels
The bars shall be welded in place. If holes are used in the water separator instead of bars, the maximum diameter of the holes shall not exceed 10 mm. Holes in the chutes before the water separator shall not exceed 15 mm in diameter.
Article 54c
Restrictions on the use of automatic grading equipment
However, the carrying and use of such equipment shall be permitted provided that:
the vessel does not simultaneously carry or use on board either towed gear of mesh size less than 70 mm or one or more purse seines or similar fishing gear; or
the whole of the catch which may be lawfully retained on board:
is stored in a frozen state;
the graded fish are frozen immediately after grading and no graded fish are returned to the sea; and
the equipment is installed and located on the vessel in such a way as to ensure immediate freezing and not to allow the return of marine species to the sea.
Article 34
Amendment to Regulation (EU) No 1380/2013
In Article 15 of Regulation (EU) No 1380/2013, paragraph 12 is replaced by the following:
Article 35
Amendment to Regulation (EU) 2016/1139
In Regulation (EU) 2016/1139, Article 8 is amended as follows:
in paragraph 1, the introductory part is replaced by the following:
paragraph 2 is replaced by the following:
Article 36
Amendments to Regulation (EU) 2018/973
In Regulation (EU) 2018/973, Article 9 is amended as follows:
in paragraph 1, the introductory part is replaced by the following:
paragraph 2 is replaced by the following:
Article 37
Amendment to Regulation (EU) 2019/472
In Regulation (EU) 2019/472, Article 9 is amended as follows:
in paragraph 1, the introductory part is replaced by the following:
paragraph 2 is replaced by the following:
Article 38
Amendment to Regulation (EU) 2019/1022
In Regulation (EU) 2019/1022, Article 13 is amended as follows:
in paragraph 1, the introductory part is replaced by the following:
paragraph 2 is replaced by the following:
Article 39
Repeals
Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 are repealed.
References to the repealed Regulations shall be construed as references to this Regulation.
Article 40
Entry into Force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
PROHIBITED SPECIES
Species for which there is a prohibition to fish for, retain on board, tranship, land, store, sell, display or offer for sale, as referred to in Article 10(2):
The following species of sawfish in all Union waters:
narrow sawfish (Anoxypristis cuspidata);
dwarf sawfish (Pristis clavata);
smalltooth sawfish (Pristis pectinata);
largetooth sawfish (Pristis pristis);
green sawfish (Pristis zijsron);
basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all waters;
smooth lantern shark (Etmopterus pusillus) in Union waters of ICES division 2a and subarea 4 and in Union waters of ICES subareas 1, 5, 6, 7, 8, 12 and 14;
reef manta ray (Manta alfredi) in all Union waters;
giant manta ray (Manta birostris) in all Union waters;
the following species of Mobula rays in all Union waters:
devil fish (Mobula mobular);
lesser Guinean devil ray (Mobula rochebrunei);
spinetail mobula (Mobula japanica);
smoothtail mobula (Mobula thurstoni);
longhorned mobula (Mobula eregoodootenkee);
Munk’s devil ray (Mobula munkiana);
Chilean devil ray (Mobula tarapacana);
shortfin devil ray (Mobula kuhlii);
lesser devil ray (Mobula hypostoma);
Norwegian skate (Raja (Dipturus) nidarosiensis) in Union waters of ICES divisions 6a, 6b, 7a, 7b, 7c, 7e, 7f, 7g, 7h and 7k;
white skate (Raja alba) in Union waters of ICES subareas 6-10
guitarfishes (Rhinobatidae) in Union waters of ICES subareas 1-10 and 12;
angel shark (Squatina squatina) in all Union waters;
salmon (Salmo salar) and sea trout (Salmo trutta) when fishing with any towed net within the waters outside the six-mile limit measured from Member States’ baselines in ICES sub-areas 1, 2 and 4-10 (Union waters);
houting (Coregonus oxyrhynchus) in ICES division 4b (Union waters);
the Adriatic sturgeon (Acipenser naccarii) and common sturgeon (Acipenser sturio) in Union waters;
berried female crawfish (Palinurus spp.) and berried female lobster (Homarus gammarus) in the Mediterranean Sea except when used for direct restocking or transplantation purposes;
date shell (Lithophaga lithophaga), fan mussel (Pinna nobilis) and common piddock (Pholas dactylus) in Union waters in the Mediterranean Sea;
hatpin urchin (Centrostephanus longispinus);
berried female European lobster (Homarus gammarus) in ICES divisions 3a, 4a and 4b.
ANNEX II
CLOSED AREAS FOR THE PROTECTION OF SENSITIVE HABITATS
For the purposes of Article 12, the following restrictions on fishing activity are applicable in the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
PART A
North Western Waters
1. It shall be prohibited to deploy bottom trawls or similar towed nets, bottom set gillnets, entangling nets or trammel nets and bottom set longlines within the following areas:
2. All pelagic vessels fishing in the areas as described in point 1 shall:
3. It shall be prohibited to deploy any bottom trawl or similar towed nets within the following area:
Darwin Mounds:
PART B
South Western Waters
1. El Cachucho
1.1. It shall be prohibited to deploy bottom trawls, bottom set gillnets, entangling nets or trammel nets and bottom set longlines within the following areas:
1.2. Vessels that conducted directed fisheries with bottom set longlines in 2006, 2007 and 2008 for greater forkbeard (Phycis blennoides) may continue to fish in the area south of 44°00.00′ N provided they have a fishing authorisation issued in accordance with Article 7 of Regulation (EC) No 1224/2009.
1.3. All vessels having obtained this fishing authorisation shall, regardless of their overall length, have in use an operational, fully functioning secure VMS which complies with the respective rules, when conducting fisheries in the area described in point 1.1.
2. Madeira and the Canary Islands
It shall be prohibited to deploy bottom set gillnets, entangling nets and trammel nets at depths greater than 200 m or bottom trawls or similar towed gear within the following areas:
3. Azores
It shall be prohibited to deploy bottom set gillnets, entangling nets and trammel nets at depths greater than 200 m or bottom trawls or similar towed gear within the following areas:
ANNEX III
LIST OF SPECIES PROHIBITED FOR CAPTURE WITH DRIFTNETS
ANNEX IV
MEASUREMENT OF THE SIZE OF A MARINE ORGANISM
The size of any fish shall be measured, as shown in Figure 1, from the tip of the snout to the end of the tail fin.
The size of a Norway lobster (Nephrops norvegicus) shall be measured, as shown in Figure 2, either:
In the case of detached Norway lobster tails: from the front edge of the first tail segment present to the rear end of the telson, not including the setae. The tail shall be measured flat, unstretched and on the dorsal side.
The size of a lobster (Homarus gammarus) from the North Sea except Skagerrak or Kattegat shall be measured, as shown in Figure 3, as the length of the carapace, parallel to the midline, from the back of either eye socket to the distal edge of the carapace.
The size of a lobster (Homarus gammarus) from Skagerrak or Kattegat shall be measured, as shown in Figure 3, either:
The size of a crawfish (Palinurus spp.) shall be measured, as shown in Figure 4, as the length of the carapace, parallel to the midline, from the tip of the rostrum to the midpoint of the distal dorsal edge of the carapace.
The size of any bivalve mollusc shall be measured, as shown in Figure 5, across the longest part of the shell.
The size of a spinous spider crab (Maja squinado) shall be measured, as shown in Figure 6, as the length of the carapace, along the midline, from the edge of the carapace between the rostrums to the posterior edge of the carapace.
The size of an edible crab (Cancer pagurus) shall be measured, as shown in Figure 7, as the maximum width of the carapace measured perpendicular to the antero-posterior midline of the carapace.
The size of a whelk (Buccinum spp.) shall be measured, as shown in Figure 8, as the length of the shell.
The size of swordfish (Xiphias gladius) shall be measured, as shown in Figure 9, as the lower jaw to fork length (LJFL).
Figure 1 Fish species
Figure 2 Norway Lobster
(Nephrops norvegicus)
Figure 3 Lobster
(Hommarus gammarus)
Figure 4 Crawfish
(Palinurus spp.)
Figure 5 Bivalve molluscs
Figure 6 Spinous Spider Crabs
(Maja squinado)
Figure 7 Edible crab
(Cancer pagurus)