(1)

On 14 August 2019, Regulation (EU) 2019/1241 (the “Technical Measures Regulation”) on the conservation measures of fisheries resources and the protection of marine ecosystems through technical measures entered into force. It establishes in Annex VI specific provisions regarding technical measures established at regional level for the Union waters of North Western Waters.

(2)

Belgium, Spain, France, Ireland and the Netherlands have a direct fisheries management interest in the North Western Waters. These Member States submitted a first joint recommendation in May 2020. The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the joint recommendation in July 2020. Following the STECF advice, the Commission invited Member States to align the joint recommendation with the scientific evaluation. As a consequence, Member States submitted a revised joint recommendation on 14 December 2020.

(3)

Pending the adoption of the measures proposed in the joint recommendation by delegated act, remedial measures within the meaning of the Western Waters MAP, that aimed at decreasing by-catches of cod and whiting in the Celtic Sea and adjacent areas, and additional technical measures aiming to reduce gadoid bycatches in the Irish Sea and West of Scotland were established in Articles 15 to 17 of Council Regulation (EU) 2021/92 (2). These measures were functionally linked to the TAC levels for target species caught in mixed fisheries, as, without those measures such TAC levels would have had to be reduced to allow the by-catch stocks to recover.

(4)

Part of the North Western Waters is no longer EU waters requiring therefore the EU and the UK to engage in consultations on common measures. While the EU and the UK did not reach agreement on aligned functionally linked technical measures it is necessary to continue with the application of existing functionally linked technical measures established in Articles 15 to 17 of Regulation 2021/92 that allowed setting the TACs of target species at levels proposed in that Regulation without jeopardising the state of the unavoidable bycatch stocks in Union waters, and acknowledging that reaching this agreement at the beginning of 2022 will be a priority for the EU. Any technical measures established in agreement with third countries for 2022 will have to be implemented into the EU law through applicable legal framework.

(5)

In parallel to the on-going negotiations with the UK, the concerned Member States Belgium, Spain, France, Ireland and the Netherlands submitted a new joint recommendation on 30 April 2021 that reproduces the joint recommendation submitted in 2020, with the inclusion of a new specification in ICES division 7a (Irish Sea). This joint recommendation proposed to maintain these measures in place while agreement with the UK has not been reached.

(6)

This Regulation aims at incorporating into one single act existing provisions on technical measures that were in the past adopted as part of the discard plans for the North Western Waters, technical measures corresponding to the measures established in Article 15 to 17 in Regulation 2021/92, and in addition measures on a new fishing gear for the Irish Sea included in the joint recommendation of 2021.

(7)

The measures in this Regulation applicable to Union waters are in pursuit of the objectives set out in Article 494(1) and (2) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (3), and have regard to the principles referred to in Article 494(3) of that agreement. They are without prejudice to any measures applicable in waters of the United Kingdom of Great Britain and Northern Ireland.

(8)

Based on the information provided by the Member States, the STECF assessed (4) (5) the evidence provided by the regional groups in support of the technical measures included in the joint recommendation.

(9)

The measures included in this Regulation have been evaluated in accordance with Articles 2(2), 15 and 18 of Regulation (EU) 2019/1241. Member States provided evidence to demonstrate that the proposals comply with Article 15(4) and (5) of Regulation (EU) 2019/1241.

(10)

The Fisheries Expert Group was consulted on the joint recommendation on 16 July 2021.

(11)

The joint recommendation suggested specific measures to reduce bycatches of cod and whiting in the Celtic Sea and adjacent areas based on the remedial measures that were in place in 2020 (6). These specific measures concern bottom trawls and seines in ICES divisions from Union waters of 7f, 7g, the of 7h North of latitude 49° 30′ North and the part of 7j North of latitude 49° 30′ North and East of longitude 11° West, as well as vessels fishing with bottom trawls whose catches measured before any discards consist of at least 20 % of haddock. The STECF concluded (7) that the proposed gears are more selective than the measures described in Regulation (EU) 2019/1241. The proposed measures should therefore be included in Regulation (EU) 2019/1241.

(12)

The joint recommendation suggested specific conditions for the Celtic Sea in relation to the catch composition, and in particular when the by-catches of cod do not exceed 1,5 %. The STECF is reluctant to establish conditions based on bycatch thresholds given the poor status of the stocks in these areas. However, the STECF also noted (8) that even if the 1,5 % cod bycatch rule were not exceeded by any trip, the alternative gears specified in the joint recommendation would still be more selective than the baseline gears in Regulation (EU) 2019/1241. The proposed measures should therefore be included in Regulation (EU) 2019/1241.

(13)

The joint recommendation suggested specific technical measures for bottom trawls and seines in Union waters of ICES divisions from 7f to 7k and in the area West of 5° W longitude in ICES division 7e. The STECF concluded that these measures are more selective than the measures proposed in Regulation (EU) 2019/1241. These measures should therefore be included in Regulation (EU) 2019/1241.

(14)

The joint recommendation suggested specific conditions in the Celtic Sea when the catch comprises more than 30 % of Norway lobster. The STECF concluded (9) that overall, the proposed options are more selective or at least equivalent to gears specified in the derogations for directed fishery of Regulation (EU) 2019/1241. In relation to the dual codend, the STECF had assessed an underpinning study in previous reports (10) and concluded that in principle it has the potential to reduce bycatch of unwanted species while maintaining catches of target species. Member States should provide additional specifications for assessment of the STECF no later than by 1 May 2022. These measures should therefore be included in Regulation (EU) 2019/1241.

(15)

The joint recommendation suggested specific conditions in the Celtic Sea when catches comprise more than 55 % of whiting or 55 % of anglerfish, hake or megrim combined. Although the STECF is reluctant to introduce conditions in relation to catch composition (11), it concludes that the proposed measures are still more selective than the baseline introduced by the Technical Measures Regulation. These measures should therefore be included in Regulation (EU) 2019/1241.

(16)

The joint recommendation suggested specific technical measures in the West of Scotland. The STECF concluded that the proposed gears are likely to improve the selectivity of cod, haddock and whiting. These measures should therefore be included in Regulation (EU) 2019/1241.

(17)

The joint recommendation suggested specific technical measures in the Irish Sea for bottom trawls or seines with a cod-end mesh size equal to or larger than 70 mm and smaller than 100 mm and with catches comprising more than 30 % of Norway lobster. The STECF concluded (12) that these gears are likely to reduce the catches of cod, haddock and whiting in comparison to the measures laid out in the Technical Measures Regulation. These measures should therefore be included in Regulation (EU) 2019/1241.

(18)

The joint recommendation suggested specific technical measures in the Irish Sea for vessels equal to or greater than 12 meters in length overall operating with bottom trawls or seines with specificities on catch composition for haddock, cod and skates and rays combined. In general, the STECF considered (13) (14) that the gears proposed in the joint recommendation are more selective than the gears described in the Technical Measures Regulation. These measures should therefore be included in Regulation (EU) 2019/1241.

(19)

This joint recommendation, includes for 2021 the specification for a fishing gear for bottom trawls and seines in ICES division 7a (Irish Sea) on the basis of equivalent selectivity as the baseline fishing gear as set by Regulation (EU) 2019/1241 for that area and fishery. The STECF assessed the new scientific evidence underpinning the change in joint recommendation in June 2021 concluding for a similar selectivity characteristics of the gear as compared to the baseline fishing gear.

(20)

The joint recommendation suggested to harmonise the minimum conservation reference size (MCRS) for several species caught in recreational fisheries in the North Western-Waters with the minimum conservation reference size applicable to commercial fisheries. A number of species included in the joint recommendation for harmonisation of the MCRS are classified by ICES as being depleted, or ICES considers that recreational fisheries impacts significantly their overall fishing mortality. Furthermore, a number of those same species straddles from South Western Waters (SWW) and North Sea (NS) into North Western Waters, and in SWW and NS the MCRS for those species have already been harmonized between commercial and recreational fisheries. The STECF analysed the evidence provided and concluded (15) that this measure is likely to reinforce the protection of juvenile marine fish species. These measures should therefore be included in Regulation (EU) 2019/1241.

(21)

In order to optimise exploitation patterns, increase gear selectivity and reduce unwanted catches it is therefore appropriate to adopt the technical measures submitted by the Member States.

(22)

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