(1)

Regulation (EU) No 1380/2013 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)

In order to implement the landing obligation, Article 15(6) of Regulation (EU) No 1380/2013 empowers the Commission to adopt discard plans by means of a delegated act for an initial period of no more than three years that might 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.

(3)

Commission Delegated Regulation (EU) 2015/2438 (2) established a discard plan for certain demersal fisheries in North Western waters for period 2016-2018 following a joint recommendation submitted to the Commission by Belgium, Spain, France, Ireland, the Netherlands and the United Kingdom. That Regulation was repealed and replaced by Commission Delegated Regulation (EU) 2016/2375 (3).

(4)

Delegated Regulation (EU) 2016/2375 established a discard plan for certain demersal fisheries in North Western waters for the period 2017-2018, as suggested in a new joint recommendation submitted by Belgium, Spain, France, Ireland, the Netherlands and the United Kingdom. That Regulation was repealed and replaced by Commission Delegated Regulation (EU) 2018/46 (4).

(5)

Commission Delegated Regulation (EU) 2018/46 established a discard plan for certain demersal and deep sea fisheries in the North-Western waters for the year 2018, following a joint recommendation submitted by Belgium, Spain, France, Ireland, the Netherlands and the United Kingdom.

(6)

Belgium, Spain, France, Ireland, the Netherlands and the United Kingdom have a direct fisheries management interest in the North-Western waters. After consulting the North Western Waters Advisory Council and the Pelagic Advisory Council, those Member States submitted on 31 May 2018 a new joint recommendation to the Commission concerning a discard plan for certain demersal fisheries in the North-Western Waters for the period 2019-2021. The joint recommendation was amended on 30 August 2018.

(7)

Scientific contributions were obtained from relevant scientific bodies and reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF) (5). On 11 September 2018 an expert group meeting attended by representatives of 28 Member States, the Commission as well as the European Parliament as an observer took place and the measures concerned were discussed. For some stocks, such as plaice, the STECF identified that survival rates of individual fish may not be as robust as that found in other species. However the Commission had considered the relative impact of this exemption on the overall stock, compared to individual fish, and balanced this against the need to continue fishing activity to provide data collection in order to address the comments made by the STECF. In cases where the relative amount of dead discards are relatively low, the Commission considers it to be a pragmatic and prudent approach to fisheries management, to allow exemptions on a temporary basis, on the understanding that not to do so would prevent necessary data collection indispensable for the proper and informed management of discards in view of full entry into force of the landing obligation.

(8)

Delegated Regulation (EU) 2018/46 included a survivability exemption from the landing obligation, as referred to in Article 15(4)(b) of Regulation (EU) No 1380/2013, for Norway lobster caught by pots, traps or creels in ICES subareas 6 and 7, based on the scientific evidence which demonstrated the survival rates. That evidence has been evaluated in previous years and STECF has concluded (6) that the exemption is justified. The new joint recommendation suggests the continuation of that exemption. Considering that the circumstances have not changed, that exemption should be therefore continued in the discard plan for 2019-2021.

(9)

Delegated Regulation (EU) 2018/46 included a survivability exemption for common sole below the minimum conservation reference size (MCRS) caught with 80-99 mm otter trawl gears in ICES division 7d within six nautical miles from the coast and outside identified nursery areas, based on scientific evidence which demonstrated discard survival rates. That evidence has been evaluated in previous years and STECF has concluded (7) that the evidence was sufficient. The new joint recommendation suggests the continued application of the exemption. STECF pointed out that no new information on the location of nursery areas was provided (8). Since currently there are no identified nursery areas, the exemption may be included in the new discard plan for the years 2019-2021, but Member States should submit the relevant information as soon as such areas will be identified.

(10)

The new joint recommendation suggests 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 70-99 mm in combination with selective gear options (TRI and TR2 fisheries) in ICES subarea 7. Member States provided scientific evidence in order to demonstrate discard survival rates for Norway lobster in that fishery. The evidence was submitted to STECF which concluded that the survival study made with Seltra trawl provided a sufficient data, however the overall effect on the extensive fishery of Norway lobster with other fishing gears remains difficult to assess. STECF noted that assuming that a relatively high survival rate applies to all gears, a relatively low discard rate is implied in that fishery. That exemption should therefore be included in the new discard plan for the years 2019-2021.

(11)

The new joint recommendation suggests 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 80-110 mm in combination with selective gear options. Member States provided scientific evidence in order to demonstrate discard survival rates for Norway lobster in that fishery. The evidence was submitted to STECF which concluded that the survivability study is robust and indicates a relatively high survival rate. That exemption should therefore be included in the new discard plan for the years 2019-2021.

(12)

For skates and rays caught with any gear in ICES subareas 6 and 7, detailed scientific evidence on survival rates is not available for all fleet segment and combinations that benefit from the exemption. However, with a few exceptions, survival rates are considered to be generally robust, but further detail is required. In order to collect this data, fishing would need to continue and as such, the Commission considers that the exemption should be granted but Member States should have the obligation to submit relevant data allowing STECF to fully assess the justification and allowing the Commission to carry out a review. Member States having a direct management interest should submit as soon as possible before 31 May each year: (a) a roadmap developed in order to increase survivability and to fill in the data gaps identified by STECF, to be annually assessed by STECF, (b) annual reports on the progress and any modifications or adjustments made to the survivability programmes.

(13)

When considering the survival rates of skates and rays, cuckoo rays (Leucoraja naevus) were found to have a considerably lower survival rate than other species, with less robust scientific understanding. However to exclude this species altogether from the exemption would prevent fishing and continued, accurate data collection. Therefore the Commission considers this exemption should only be granted for 1 year and that new studies and improved survivability measures should be developed as a matter of urgency and provided to STECF for assessment as soon as possible before 31 May 2019.

(14)

The new joint recommendation suggests survivability exemptions for plaice caught with trammel nets or otter trawls in ICES divisions 7d, 7e, 7f and 7g. Member States provided the scientific evidence in order to demonstrate the survival rates for plaice in that fishery. The evidence was submitted to STECF which concluded that survivability study is robust and indicates a relatively high survival rate. That exemption should therefore be included in the new discard plan for the years 2019-2021.

(15)

The new joint recommendation suggests survivability exemptions for plaice caught in ICES divisions 7a-7k by vessels using beam trawls, with a maximum engine power of 221 kW, a maximum length of 24 meters, fishing within 12 nautical miles and with tow durations of no more than 1:30 hours and by vessels using beam trawls with an engine power of more than 221 kW, using a flip-up rope or benthic release panel. Member States provided scientific evidence in order to demonstrate the survival rates for plaice in that fishery. The evidence was submitted to STECF which concluded that the scientific information is of good quality. STECF however pointed out that the data do not cover all the Member States concerned and that in those fisheries survivability is affected by many factors and highly variable. STECF further noted that as a consequence of this variability it is not possible to reliably assess what the impact of the exemption is likely to be. Under those circumstances, the exemption should be limited to 1 year to still allow the collection of data and the Member States should have the obligation to submit the relevant data allowing STECF to fully assess the justification and allowing the Commission to carry out a review. That exemption may therefore be included in the discard plan until 31 December 2019 and the Member States concerned should undertake additional trials and provide information as soon as possible before 31 May 2019 for assessment by STECF.

(16)

The new joint recommendation suggests survivability exemption for the species caught in pots, traps and creels in North Western Waters (ICES subareas 5, 6 and 7). Member States provided scientific evidence in order to demonstrate the survival rates for species caught in that fishery. The evidence was submitted to STECF which concluded that the survival of the species discarded from trap and pot fishing is likely to be substantial. That exemption may therefore be included in the new discard plan for the years 2019-2021.

(17)

Delegated Regulation (EU) 2018/46 included de minimis exemptions from the landing obligation for certain fisheries. The evidence provided by the Member States was reviewed by the STECF (9), which concluded that documents submitted by the Member States contained reasoned arguments demonstrating that further improvements in the selectivity are difficult to achieve and/or regarding disproportionate costs in handling unwanted catches, supported in some cases with a qualitative assessment of the costs. In light of the above and considering that the circumstances have not changed, it is appropriate to continue the de minimis exemptions, in accordance with the percentages proposed in the new joint recommendation, for:

(18)

The new joint recommendation suggested de minimis exemptions from the landing obligation for:

(19)

The evidence by the Member States on the new de minimis exemptions regarding haddock, cod, horse mackerel and mackerel caught by vessels using bottom trawls, seines and beam trawls was reviewed by the STECF, which concluded (10) that further information needs to be provided. Given the need to continue fishing activity and data collection to provide this information, individual exemptions for each species should be limited to 1 year and Member States should have the obligation to submit the relevant data allowing STECF to fully assess the justification and allowing the Commission to carry out a review. The Member States concerned should undertake the additional trials and provide information as soon as possible before 31 May 2019 for assessment by STECF. These exemptions should therefore be applied provisionally until 31 December 2019.

(20)

To ensure reliable estimations of levels of discarding for the purpose of the setting of the total allowable catches (TACs), Member States should, in cases where the de minimis exemption is based on extrapolation of data-limited situations and partial fleet information, ensure provision of accurate and verifiable data for the whole fleet covered by this de minimis provision.

(21)

Pursuant to Article 15(5)(a) of the Regulation (EU) No 1380/2013 the discard plans may also include technical measures for fisheries or species covered by the landing obligation. To increase gear selectivity and reduce unwanted catches in the Celtic Sea and Irish Sea, it is appropriate to include a number of selective measures for demersal fisheries. Based on the information provided by the Member States, STECF concluded that the proposed changes to increase selectivity in North Western Waters is one of very few attempts from regional groups to mitigate issues with unwanted catches. The technical measures should therefore be included in the discard plan for the years 2019-2021.

(22)

The measures suggested by the new joint recommendation are in line with Article 15(4), Article 15(5)(c) and Article 18(3) of Regulation (EU) No 1380/2013 and may thus be included in this Regulation.

(23)

Under Article 18 of the 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 on the 1 January 2019. In several cases, exemptions require continued fishing activity and data collection in order to address the comments made by the STECF. In these cases, the Commission considers it to be a pragmatic and prudent approach to fisheries management, to allow exemptions on a temporary basis, on the understanding that not to do so, would prevent necessary data collection indispensable for the proper and informed management of discards in view of full entry into force of the landing obligation.

(24)

Following the new joint recommendation, it is appropriate to repeal Delegated Regulation (EU) 2018/46.

(25)

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 after its publication. It should apply from 1 January 2019,