(1)

On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union (TEU). The Treaties will cease to apply to the United Kingdom from the date of entry into force of the withdrawal agreement or, failing that, two years after that notification, that is, from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period. The period has been extended twice by the European Council, most recently by its Decision (EU) 2019/584 (2), which extended it until 31 October 2019. In the absence of a withdrawal agreement with the United Kingdom and of a further extension of the period referred to in Article 50(3) TEU, a financial settlement with regard to the financial obligations following from the membership of the United Kingdom in the Union needs to be agreed in a future international agreement between the Union and the United Kingdom.

(2)

This Regulation is without prejudice to the respective obligations of the Union and the United Kingdom resulting from the whole period of the membership of the United Kingdom in the Union.

(3)

Council Regulation (EU, Euratom) 2019/1197 (3) has laid down rules on the relations between the Union, on the one hand, and the United Kingdom and its beneficiaries, on the other, as regards the financing and implementation of the general budget of the Union (‘the budget’) in 2019. It is necessary to lay down rules on the relations between the Union, on the one hand, and the United Kingdom and its beneficiaries, on the other, also as regards the financing and implementation of the budget in 2020.

(4)

The Treaties do not provide powers other than those under Article 352 of the Treaty on the Functioning of the European Union (TFEU) and Article 203 of the Treaty establishing the European Atomic Energy Community for the adoption of the measures concerning the implementation and financing of the budget in 2020 in relation to the withdrawal of the United Kingdom from the Union without a withdrawal agreement.

(5)

The United Kingdom, and persons and entities established in the United Kingdom, are participating in a number of Union programmes or actions on the basis of the membership of the United Kingdom in the Union. That participation takes place on the basis of agreements with the United Kingdom or persons or entities established in the United Kingdom, or decisions in favour of the United Kingdom or persons or entities established in the United Kingdom which constitute legal commitments.

(6)

For many of those agreements and decisions, the rules governing the eligibility require the beneficiary to be a Member State or a person or entity established in a Member State. The eligibility of the United Kingdom, or persons or entities established in the United Kingdom, is in such cases linked to the United Kingdom being a Member State. The withdrawal of the United Kingdom from the Union without a withdrawal agreement therefore entails the loss of eligibility of such recipients of Union financing under such agreements and decisions. However, this does not concern cases where persons or entities established in the United Kingdom would participate in an action under, and subject to the conditions applicable under, the respective Union rules for persons and entities established in a third country.

(7)

In case of a withdrawal without a withdrawal agreement, it would be beneficial both for the Union and its Member States and for the United Kingdom, and persons and entities established in the United Kingdom, to provide for the eligibility in 2020 of the United Kingdom and beneficiaries established in the United Kingdom to receive Union funds and for the participation of the United Kingdom in the financing of the budget for 2020. It would also be beneficial if the legal commitments signed and adopted before the date of withdrawal, or in 2019 in application of Article 4 of Regulation (EU, Euratom) 2019/1197, could continue to be executed throughout 2020.

(8)

It is therefore appropriate to lay down conditions under which the United Kingdom, and persons and entities established in the United Kingdom, could continue to be eligible in 2020 with regard to the agreements signed with them and the decisions adopted with regard to them until the date on which the Treaties cease to apply to and in the United Kingdom (‘date of withdrawal’) or, where applicable, in 2019 in application of Article 4 of Regulation (EU, Euratom) 2019/1197. The following conditions are required for the application of this Regulation: (i) the United Kingdom has confirmed the commitment in writing to the Commission to continue to pay a contribution calculated on the basis of the estimated own resources from the United Kingdom as set out in the draft budget for 2020, as proposed on 5 July 2019, and adjusted to take into account the total amount of payment appropriations set out in the adopted budget for 2020; (ii) a first instalment has been paid by the United Kingdom; (iii) the United Kingdom has confirmed the commitment in writing to the Commission to allow audits and controls in full by the Union in compliance with the applicable rules; (iv) and the Commission has adopted the decision pursuant to Article 2(2) of Regulation (EU, Euratom) 2019/1197 and has not adopted a decision pursuant to Article 3(2) of that Regulation. The last condition is only applicable insofar as Regulation (EU, Euratom) 2019/1197 has become applicable before the end of the financial year 2019. In view of the need for certainty, it is appropriate to limit the time for the fulfilment of the conditions. The Commission should adopt a decision on the fulfilment of the conditions.

(9)

The condition as regards the contribution from the United Kingdom should be based on the draft budget for 2020 as proposed for 28 Member States and should be adjusted to take into account the total amount of payment appropriations under the adopted budget. It is reasonable that no Member State should be in a less favourable position as regards their relative contribution than laid down in the budget for 2020 as proposed, following the adoption of this Regulation. Therefore, to ensure the beneficial effect of this Regulation for all Member States, it is appropriate to deduct a specific amount from the amount of the contribution by the United Kingdom to be entered in the budget. Such specific amount should benefit the Member States which would otherwise be at a disadvantage following the adoption of this Regulation, as further specified in dedicated practical arrangements setting out the distribution of the payments due and entrusting the Commission with the disbursement of the specific amount.

(10)

As long as the conditions for eligibility of the United Kingdom, and persons and entities established in the United Kingdom, under this Regulation continue to be fulfilled, it is also appropriate to provide for their eligibility, in 2020, for the purposes of conditions set in calls, tenders, contests or any other procedure which may lead to financing from the Union’s budget, with the exception of specific cases related to security, and to the loss of membership of the United Kingdom in the European Investment Bank, and to provide Union funding to them. Such Union funding should be limited to eligible expenditure incurred in 2020, except for public procurement contracts signed before the end of 2020 in application of Title VII of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (4) (‘the Financial Regulation’), which continue to be implemented in accordance with their terms, and except for the United Kingdom agricultural direct payment scheme for the claim year 2020, which should be excluded from eligibility. It is also appropriate to exclude the United Kingdom, or persons or entities established in the United Kingdom, from eligibility under Regulation (EU) No 1309/2013 of the European Parliament and of the Council (5), as amended by Regulation (EU) 2019/1796 (6) of the European Parliament and of the Council, for actions covering workers made redundant and self-employed persons whose activity has ceased as a consequence of a withdrawal without an agreement, and under Council Regulation (EC) No 2012/2002 (7), as amended for actions covering serious financial burden inflicted on Member States directly imputable to a withdrawal without a withdrawal agreement. In line with the Financial Regulation, calls, tenders, contests or other procedures, as well as any ensuing agreements with, or decisions in favour of, the United Kingdom or persons or entities established in the United Kingdom, are to stipulate the conditions for eligibility and for continuation thereof by reference to this Regulation.

(11)

It is also appropriate to provide that the eligibility of the United Kingdom, and persons and entities established in the United Kingdom, would continue under the conditions that the United Kingdom continues to pay the contribution for 2020 and, where applicable, for 2019 under Regulation (EU, Euratom) 2019/1197, and that controls and audits can be carried out effectively. Where these conditions are no longer fulfilled, the Commission should take a decision establishing such failure. In such a case, the United Kingdom, and persons and entities established in the United Kingdom, should cease to be eligible for Union financing.

(12)

It is also appropriate to provide for the continuation, in 2020, of eligibility of actions in which Member States or persons or entities established in the Member States receive Union funds and which are related to the United Kingdom. However, the potential non-acceptance by the United Kingdom of controls and audits should constitute an element to be taken into account for the purposes of sound financial management when assessing the implementation of such actions.

(13)

The actions should continue to be implemented in compliance with the relevant rules governing such actions, including the Financial Regulation. It is therefore, necessary to treat the United Kingdom as a Member State for the purpose of the application of such rules.

(14)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, as they concern the Union budget and programmes and actions implemented by the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(15)

In order to allow for a limited flexibility, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of a possible extension of the deadlines set out in points (a), (b) and (c) of the first subparagraph of Article 2(1), and amendments to the payment schedule. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (8). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Where, in the case of a risk of a serious disruption of the implementation and financing of the Union budget in 2020, imperative grounds of urgency so require, the delegated act should enter into force without delay and should apply as long as no objection is expressed by the European Parliament or by the Council.

(16)

To avoid the most significant disruptions for beneficiaries of Union spending programmes and other actions at the date of the withdrawal of the United Kingdom from the Union, this Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union and should apply from the day following that on which the Treaties cease to apply to and in the United Kingdom, unless a withdrawal agreement concluded with the United Kingdom has entered into force by that date. Given that this Regulation lays down measures concerning the implementation and financing of the budget of the Union for 2020, it should only apply to the eligibility for the year 2020,

(1)

Council Directive 2006/112/EC (3) provides, under certain conditions, for an exemption from value added tax (VAT) for goods and services supplied to and goods imported by the armed forces of any State party to the North Atlantic Treaty when such forces take part in the common defence effort outside their own State.

(2)

Council Directive 2008/118/EC (4) provides for an exemption from excise duty for excise goods intended to be used by the armed forces of any State party to the North Atlantic Treaty other than the Member State within which the excise duty is chargeable, for the use of those forces, for the civilian staff accompanying them or for supplying their messes or canteens, subject to conditions and limitations laid down by the host Member State.

(3)

Such exemptions are not available where the armed forces of a Member State take part in activities under the common security and defence policy (CSDP) as set out in Section 2 of Chapter 2 of Title V of the Treaty on European Union. Priority should be given to the need to improve European capabilities in the field of defence and crisis management and to strengthen Union security and defence. In their joint communication of 28 March 2018 on the Action Plan on Military Mobility, the High Representative of the Union for Foreign Affairs and Security Policy and the Commission recognised the overall need for aligning the VAT treatment of defence efforts undertaken within the Union framework and the North Atlantic Treaty Organization (NATO) umbrella.

(4)

A defence effort carried out for the implementation of a Union activity under the CSDP covers military missions and operations, activities of battlegroups, mutual assistance, permanent structured cooperation (PESCO) projects and activities of the European Defence Agency (EDA). It should not, however, cover activities under the solidarity clause set out in Article 222 of the Treaty on the Functioning of the European Union or any other bilateral or multilateral activities between Member States that do not relate to a defence effort carried out for the implementation of a Union activity under the CSDP.

(5)

An exemption from VAT should thus be introduced to cover the supply of goods or services intended either for the use of the armed forces of a Member State or of the civilian staff accompanying them or for supplying their messes or canteens when such forces take part in a defence effort carried out for the implementation of a Union activity under the CSDP outside their Member State. Supplies of goods or services for the armed forces of the Member State in which those goods or services are supplied should be excluded from the VAT exemption.

(6)

In addition, it is necessary to provide for an exemption from VAT where goods imported by the armed forces of a Member State are intended either for the use of those forces or of the civilian staff accompanying them or for supplying their messes or canteens when such forces take part in a defence effort carried out for the implementation of a Union activity under the CSDP outside their Member State.

(7)

An exemption from excise duty should also be introduced to cover excise goods supplied for the use of the armed forces of any Member State other than the Member State within which the excise duty is chargeable when such forces take part in a defence effort carried out for the implementation of a Union activity under the CSDP outside their Member State.

(8)

As with the exemption from VAT and excise duty for NATO defence efforts, the exemptions for defence efforts carried out for the implementation of a Union activity under the CSDP should be limited in scope. Those exemptions should apply only to situations where armed forces carry out tasks directly linked to a defence effort under the CSDP and should not cover civilian missions under the CSDP. Goods or services supplied for the use of civilian staff could therefore only be covered by the exemptions when the civilian staff are accompanying armed forces carrying out tasks directly linked to a defence effort under the CSDP outside their Member State. Tasks performed exclusively by civilian staff or performed exclusively by using civilian capabilities should not be considered to be a defence effort. The exemptions should not in any circumstances cover goods or services that the armed forces acquire for the use of those forces or the civilian staff accompanying them within their own Member State.

(9)

Since the objective of this Directive, namely to align the VAT and excise duty treatment of defence efforts within the Union and NATO frameworks, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(10)

In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (5), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

(11)

Directives 2006/112/EC and 2008/118/EC should therefore be amended accordingly,

(1)

Article 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is to adopt measures on the fixing and allocation of fishing opportunities.

(2)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1) requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries.

(3)

It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including, where appropriate, certain conditions functionally linked thereto. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities are to be fixed in accordance with the objectives of the Common Fisheries Policy (CFP) established in Article 2(2) of that Regulation. Article 16(1) of Regulation (EU) No 1380/2013 provides that fishing opportunities be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery.

(4)

Article 16(4) of Regulation (EU) No 1380/2013 provides that for stocks subject to specific multiannual plans, the fishing opportunities should be established in accordance with the rules laid down in those plans.

(5)

The Multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea was established by Regulation (EU) 2019/1022 of the European Parliament and of the Council (2) and entered into force on 16 July 2019. In accordance with Article 4(1) of that Regulation, fishing opportunities for stocks listed in Article 1 of that Regulation should be fixed to achieve fishing mortality at maximum sustainable yield on a progressive, incremental basis by 2020 where possible, and by 1 January 2025 at the latest. Fishing opportunities should be expressed as maximum allowable fishing effort and fixed in accordance with the fishing effort regime laid down in Article 7 of that Regulation. For 2020, the maximum allowable fishing effort should therefore be reduced by 10 % compared to the baseline calculated in accordance with Article 7(4) of that Regulation.

(6)

At its 42nd annual meeting in 2018, the General Fisheries Commission for the Mediterranean (GFCM) adopted recommendation GFCM/42/2018/1 on a multiannual management plan for European eel in the Mediterranean Sea, which established management measures for European eel (Anguilla anguilla) in the Mediterranean Sea (GFCM geographical subareas 1 to 27). Those measures include an annual closure period of three consecutive months to be defined by each Member State in accordance with the conservation objectives of Council Regulation (EC) No 1100/2007 (3), the national management plan(s) for eel and the temporal migration patterns of eel in the Member State. The closure shall apply to all marine waters of the Mediterranean Sea and to brackish waters such as estuaries, coastal lagoons and transitional waters, in accordance with that recommendation. That measure should be implemented in Union law.

(7)

At its 42nd annual meeting in 2018, the GFCM also adopted recommendation GFCM/42/2018/8 on further emergency measures in 2019-2021 for small pelagic stocks in the Adriatic Sea (geographical subareas 17 and 18), which established catch and effort limits for small pelagic stocks for the years 2019, 2020 and 2021 in the GFCM geographical subareas 17 and 18 (Adriatic Sea). Those measures should be implemented in Union law. The maximum catch limits are fixed exclusively for one year and without prejudice to any other measures adopted in the future and any possible allocation scheme between Member States.

(8)

At its 43rd annual meeting in 2019, the GFCM adopted recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (geographical subareas 17 and 18), which introduced a fishing effort regime for certain demersal stocks. Those measures should be implemented in Union law.

(9)

Taking into account the particularities of the Slovenian fleet and their marginal impact on the stocks of small pelagic and demersal stocks, it is appropriate to preserve the existing fishing patterns and to ensure access of the Slovenian fleet to a minimum quantity of small pelagic species and a minimum fishing effort for demersal stocks.

(10)

At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot fisheries in the Black Sea (GFCM geographical subarea 29). That recommendation introduces an updated regional Total Allowable Catch (TAC) and a quota allocation scheme for turbot and further conservation measures for that stock, in particular a two months closure period and a limitation of fishing days to 180 days per year. Those measures should be implemented in Union law.

(11)

In accordance with the scientific advice provided by the GFCM, it is necessary to maintain the current level of fishing mortality to ensure the sustainability of the stock of sprat in the Black Sea. It is therefore appropriate to continue setting an autonomous quota for that stock.

(12)

The fishing opportunities should be established on the basis of the available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders.

(13)

Council Regulation (EC) No 847/96 (4) introduced additional conditions for year-to-year management of TACs, including, under Articles 3 and 4 of that Regulation, flexibility provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when fixing the TACs, the Council is to decide to which stocks Article 3 or 4 of that Regulation is not to apply, in particular on the basis of the biological status of the stocks. More recently, the year-to-year flexibility mechanism was introduced by Article 15(9) of Regulation (EU) No 1380/2013 for all stocks that are subject to the landing obligation. Therefore, in order to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of marine biological resources, hinder the achievement of the objectives of the CFP and cause the biological status of the stocks to deteriorate, it should be established that Articles 3 and 4 of Regulation (EC) No 847/96 apply to analytical TACs only where the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not used.

(14)

The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (5) and in particular to Articles 33 and 34 of that Regulation, concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.

(15)

In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishermen, this Regulation should apply from 1 January 2020. For reasons of urgency, this Regulation should enter into force immediately after its publication.

(16)

Fishing opportunities should be used in full compliance with Union law,

(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.

(2)

Article 9 of Regulation (EU) No 1380/2013 provides for the adoption of multiannual plans containing conservation measures for fisheries exploiting certain stocks in a relevant geographical area.

(3)

Such multiannual plans specify details of the implementation of the landing obligation and may empower the Commission to further specify those details on the basis of joint recommendations developed by Member States.

(4)

On 19 March 2019, the European Parliament and the Council adopted Regulation (EU) 2019/472 establishing a multiannual plan for stocks fished in the Western Waters, and for fisheries exploiting those stocks. Article 13 of that Regulation empowers the Commission to adopt delegated acts in order to supplement this Regulation by specifying details of the landing obligation for all stocks of species in the Western Waters to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013, as provided for in points (a) to (e) of Article 15(5) of that Regulation (EU) No 1380/2013, on the basis of joint recommendations developed by Member States.

(5)

Belgium, Spain, France, the Netherlands and Portugal have a direct fisheries management interest in the South-Western waters. By Delegated Regulation (EU) 2016/2374 (3), the Commission established a discard plan for certain demersal fisheries in South-Western waters, which was repealed and replaced by Commission Delegated Regulation (EU) 2018/2033 (4) following a joint recommendation submitted by Belgium, Spain, France, the Netherlands and Portugal in 2018.

(6)

On 31 May 2019, Belgium, Spain, France, the Netherlands and Portugal submitted a new joint recommendation to the Commission after consulting the South Western Waters Advisory Council and Pelagic Advisory Council, the joint recommendation was amended on 9 August 2019. Scientific contributions were obtained from the relevant scientific bodies and reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF) (5). The measures concerned were presented for a written consultation of the expert group, consisting of 28 Member States and European Parliament as an observer, by the Commission.

(7)

Delegated Regulation (EU) 2018/2033 included an exemption from the landing obligation for Norway lobster caught with bottom trawls in the International Council for the Exploration of the Seas (ICES) subareas 8 and 9 and for red seabream caught with the artisanal gear ‘voracera’ in ICES division 9a, as existing scientific evidence indicated possible high survival rates, taking into account the characteristics of the gears targeting that species, the fishing practices and the ecosystem. The STECF in its evaluation (6) concluded that the latest experiments and studies completed in 2016-2018 show Norway lobster survival rates in the range of the survival rate observed in previous assessments. The evidence to demonstrate discard survival rates of red seabream was submitted by Member States to the STECF which concluded (7) that the exemption is well justified. Therefore, considering that the circumstances have not changed, those survivability exemptions should be maintained in the South-Western waters demersal discard plan for the period 2020-2021.

(8)

In Delegated Regulation (EU) 2018/2033 a survivability exemption for skates and rays caught with any gears in ICES subareas 8 and 9 was granted pending the submission of detailed scientific evidence on survival rates for all fleet segments and combinations of gears, areas and species. The STECF considers that Member States have collected vitality information which provides a certain indication on survivability (8), but that further details are required. In order to collect the relevant data, fishing needs to be continued. The exemption may therefore be granted, but Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. Member States having a direct management interest should submit by 1 May each year: (a) a roadmap developed in order to increase survivability and to fill in the data gaps identified by the STECF, to be annually assessed by the STECF, (b) annual reports on the progress and any modifications or adjustments made to the survivability programmes.

(9)

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. Furthermore, the scientific understanding of the survival pattern of that species appears to be less robust. Evidence on vitality and direct discard survival for cuckoo rays was provided by the Member States. The STECF reviewed that evidence and concluded (9) that the data shows variable vitality for cuckoo ray but is not representative for commercial fishing conditions and does not exclude that cuckoo ray survivability is close to zero. Therefore, that exemption should only be granted for 2 years for the cuckoo ray caught with trammel nets in ICES subareas 8 and 9 and for 1 year for the cuckoo ray caught with trawls in ICES subarea 8. The results of the ongoing studies and improved survivability measures should be developed as a matter of urgency and provided to the STECF for assessment as soon as possible and not later than by 1 May 2020 for the cuckoo ray caught with trawls in ICES subarea 8 and not later than by 1 May every year for the cuckoo ray caught with trammel nets in ICES subareas 8 and 9.

(10)

Delegated Regulation (EU) 2018/2033 included de minimis exemptions from the landing obligation pursuant to Article 15(5)(c) of Regulation (EU) No 1380/2013 for common sole caught with beam trawls and bottom trawls in ICES divisions 8a and 8b and for common sole caught with trammel nets and gillnets in ICES divisions 8a and 8b. The evidence provided by the Member States for those exemptions was reviewed by the STECF (10). The STECF concluded that the joint recommendation contained reasoned arguments demonstrating difficulties in increasing selectivity and disproportionate costs of handling unwanted catches. Therefore, considering that the circumstances have not changed, the de minimis exemptions should be maintained in the South-Western waters demersal discard plan for the period 2020-2021.

(11)

Delegated Regulation (EU) 2018/2033 provisionally included a de minimis exemption from the landing obligation pursuant to Article 15(5)(c) of Regulation (EU) No 1380/2013 for hake caught with trawls and seines in ICES subareas 8 and 9. The evidence provided by the Member States for that exemption in the new joint recommendation was reviewed by the STECF, which concluded (11) that selectivity trials have not identified more selective devices available at this stage. The STECF noted that the information available shows a substantial increase in cost of handling unwanted catches. An additional study on disproportionate costs is being carried out by Member States, including for hake catches. In order to collect the relevant data, fishing needs to be continued. The exemption may therefore be granted, but Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible and not later than by 1 May every year for assessment by the STECF.

(12)

The new joint recommendation suggests an extension of a survivability exemption for red seabream caught with hooks and lines in ICES subarea 8 and ICES division 9a in addition to an existing exemption for that species in ICES subarea 10. The Member States provided scientific evidence in order to demonstrate high survival rates of red seabream in ICES subarea 8 and ICES division 9a in that fishery. The additional evidence on survival rates in ICES subarea 8 and ICES division 9a was submitted to the STECF which concluded (12) that there are limitations in the method used, as regards in particular including a short monitoring period, which are likely to result in an overestimation of survival rates. Further studies are needed to generate robust survival estimates. The exemption may be therefore be granted, but Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. Member States having a direct management interest should submit by 1 May each year: (a) annual reports on the progress and any modifications or adjustments made to the survivability programmes to be annually assessed by the STECF.

(13)

Delegated Regulation (EU) 2018/2033 included a de minimis exemption for alfonsinos caught with hooks and lines in ICES subarea 10. The STECF reviewed the evidence submitted by the Member States and concluded (13) that the information provided contained reasoned arguments demonstrating that further improvements in selectivity are difficult to achieve or imply disproportionate costs in handling unwanted catches. Considering that the circumstances have not changed, it is appropriate to include those de minimis exemptions in the new discard plan for the years 2020-2021.

(14)

The new joint recommendation contains de minimis exemptions for:

(15)

The evidence provided by the Member States on the new de minimis exemptions for horse mackerel and mackerel caught with trawls and seines in ICES subareas 8 and 9 was reviewed by the STECF, which concluded (14) that the relevant trials did not show that by-catches could be reduced. The STECF noted that an additional work has been planned by the Member States to support the exemptions on the basis of disproportionate handling costs. Given that the selectivity is difficult to achieve, the exemption for that fishery may be granted for one year and Member States should be required to submit relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible and not later than by 1 May 2020 for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.

(16)

The evidence provided by the Member States on the new de minimis exemptions for megrim, plaice, anglerfish, whiting and pollack caught with trawls and seines in ICES subareas 8 and 9 was reviewed by the STECF which concluded (15) that completion of a Spanish study on disproportionate handling costs may provide additional evidence to support the exemption for anglerfish and megrim. The STECF noted that Member States should commit to undertake further work to justify the exemptions for whiting and pollack. Given that selectivity is difficult to achieve, the exemptions may be granted for one year, but Member States should be required to submit relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible and not later than by 1 May 2020 for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.

(17)

The evidence provided by the Member States on the new de minimis exemptions for horse mackerel and mackerel caught with gillnets in ICES subareas 8 and 9 and CECAF zones 34.1.1, 34.1.2, 34.2.0 was reviewed by the STECF, which concluded (16) that the information regarding difficulties in improving selectivity is credible given the nature of the fisheries. The STECF noted that a study on disproportionate costs in Spanish gillnet fisheries is ongoing and that the assessment of that study should take place once it is finished. Given that selectivity is difficult to achieve, the exemptions for that fishery may be granted for one year and Member States should be required to submit relevant data allowing the STECF to fully assess the justification of those exemptions and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible and not later than by 1 May 2020 for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.

(18)

The evidence provided by the Member States on the new de minimis exemptions for megrim, plaice, anglerfish, whiting and pollack caught with gillnets in ICES subareas 8 and 9 was reviewed by the STECF, which concluded (17) that the potential scale of any marketable losses resulting from an increase in selectivity in these fisheries has not been quantified and that it is not clear how that potential scale would vary across particular gillnet fisheries. The STECF noted that Member Staes should provide specific information for each gillnet fishery involved. Given that selectivity is difficult to achieve, those exemptions may be granted for one year, but Member States should be required to submit relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible and not later than by 1 May 2020 for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.

(19)

To ensure reliable estimates of discard levels for the purpose of setting 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, provide accurate and verifiable data for the whole fleet covered by that exemption.

(20)

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.

(21)

Under Article 18 of 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. In several cases, continued fishing activity and data collection is necessary in order to address the comments made by the STECF. In those cases, it is appropriate to follow a pragmatic and prudent approach to fisheries management by granting exemptions on a temporary basis. Not granting such exemptions would prevent the collection of data which are essential for the proper and informed management of discards with a view to implementing fully the landing obligation.

(22)

Delegated Regulation (EU) 2018/2033 should therefore be repealed and replaced by a new Regulation.

(23)

Since the measures provided for in this Regulation impact directly on the economic activities linked to and the planning of the fishing season of Union vessels, this Regulation should enter into force immediately after its publication. It should apply from 1 January 2020,

(1)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3) aims to eliminate progressively discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits.

(2)

Article 9 of Regulation (EU) No 1380/2013 provides for the adoption of multiannual plans containing conservation measures for fisheries exploiting certain stocks in a relevant geographical area.

(3)

Such multiannual plans specify details of the implementation of the landing obligation and may empower the Commission to further specify those details on the basis of joint recommendations developed by Member States.

(4)

On 4 July 2018, the European Parliament and the Council adopted Regulation (EU) 2018/973 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks (4). Article 11 of that Regulation empowers the Commission to adopt delegated acts in order to supplement this Regulation by specifying details of the landing obligation for all stocks of species in the North Sea to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013, as provided for in points (a) to (e) of Article 15(5) of that Regulation on the basis of joint recommendations developed by Member States.

(5)

Commission Delegated Regulation (EU) 2018/2035 (5) specified details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2019-2021, following a joint recommendation submitted by Belgium, Denmark, France, Germany, the Netherlands, Sweden and the United Kingdom which have a direct fisheries management interest in the North Sea.

(6)

Those Member States, after consulting the North Sea Advisory Council and the Pelagic Advisory Council, submitted on 29 May 2019 a new joint recommendation to the Commission concerning details of implementation of the landing obligation for demersal fisheries in the North Sea. The joint recommendation was amended on 7 August 2019.

(7)

The new joint recommendation submitted by the Member States suggests continuation of a number of additional technical measures agreed between the Union and Norway in 2011 (6), and 2012 (7) and authorizing the use of the SepNep selectivity device. These measures aim to increase selectivity and reduce unwanted catches for fisheries or species covered by the landing obligation and were introduced pursuant to Article 15(5)(a) of the Regulation (EU) No 1380/2013 for the years 2019-2021 by Delegated Regulation (EU) 2018/2035.

(8)

On 14 August 2019 a new Regulation (EU) 2019/1241 on the conservation measures of fisheries resources and the protection of marine ecosystems through technical measures came into force. It establishes in Annex V specific provisions regarding technical measures established at regional level for the North Sea, which also include rules on mesh sizes, associated conditions and by-catches. Article 15 of that Regulation empowers the Commission to adopt delegated acts in order to amend, supplement, repeal or derogate from the technical measures set out in the Annexes to Regulation (EU) 2019/1241, including when implementing the landing obligation.

(9)

Regulation (EU) 2019/1241 does not provide for transitional measures. Therefore, to ensure compatibility between this Delegated Regulation and Regulation (EU) 2019/1241, it is necessary to apply the conditions established in Regulation (EU) 2019/1241, whilst at the same time taking into account the exceptional circumstances involved. Based on the information provided by the Member States, the Scientific, Technical and Economic Committee for Fisheries (STECF) positively assessed (8) the information provided by the regional group in support of the technical measures included in the joint recommendation This joint recommendation was developed and submitted by the Member States and assessed by STECF before the new technical measures regulation was adopted, before the entry into force of Regulation (EU) 2019/1241 and therefore did not refer to that Regulation. Nevertheless, in view of the 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 to be any element indicating that the additional proposed technical measures would fail to comply with the requirements established for technical measures in Article 15 of Regulation (EU) 2019/1241.

(10)

To increase gear selectivity and reduce unwanted catches in the Skagerrak it is therefore appropriate to include the technical measures submitted by the Member States. These measures should apply for the period of 2020-2021.

(11)

As set out in Regulation (EU) 2018/973, the North Sea comprises ICES (9) divisions 2a, 3a and subarea 4.

(12)

Scientific contributions were obtained from relevant scientific bodies and reviewed by the STECF (10). The Commission presented the measures concerned for a written consultation of the expert group, consisting of 28 Member States and European Parliament as an observer.

(13)

For some stocks, such as plaice, the STECF identified that survival rates of individual fish may not be as robust as that found for other species. However, the Commission considered the relative impact of this exemption on the overall stock, compared to individual fish, and balanced it against the need to continue fishing activity to provide data collection in order to address the comments made by the STECF. In the cases where the relative amount of dead discards are comparatively 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 the collection of data which are esssential for the proper and informed management of discards with a view to implementing fully the landing obligation.

(14)

Delegated Regulation (EU) 2018/2035 included a survivability exemptions for common sole below minimum conservation reference size (MCRS) caught by trawls in ICES division 4c, based on scientific evidence which demonstrated high discard survival rates. That evidence was evaluated in previous years and the STECF concluded (11) that the evidence was sufficient. The STECF pointed out that no new information on the location of nursery area was provided (12). Since currently there are no identified nursery areas, the exemption may be included in this Regulation, but Member States should submit the relevant information as soon as such areas are identified. Considering that the circumstances have not changed, that exemption should continue to apply under this Regulation.

(15)

Delegated Regulation (EU) 2018/2035 included a survivability exemption, as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013, for catches of Norway lobster made with pots in ICES divisions 2a, 3a and ICES subarea 4, based on the scientific evidence which demonstrated high discard survival rates. That evidence was evaluated in previous years and the STECF concluded (13) that the evidence was sufficient. Considering that the circumstances have not changed, that exemption should continue to apply under this Regulation.

(16)

Delegated Regulation (EU) 2018/2035 included a survivability exemption for catches of Norway lobster made in ICES subarea 4 and ICES divisions 2a and 3a with certain gears on the condition that a netgrid selectivity device was used. That exemption was was granted on a condition that the Member States submit data on the fisheries of the west coast of the North Sea. There has been no new evidence submitted to the STECF on high survivability. The Member States stated that no additional data was needed as in 2018 the STECF noted that the supporting scientific information was robust (14) on the survival estimates covering the west coast of the North Sea. However, the STECF raises issues (15) concerning East coast Norway lobster and Pandalus fisheries, as this information is missing and the assessment can not be made on Norway lobster survival in those fisheries. Under those circumstances, the exemption may be applied until 31 December 2020 and Member States having a direct management interest should submit data on the fisheries of the East coast of the North Sea for the STECF assessment as soon as possible and not later than by 1 May 2020.

(17)

Delegated Regulation (EU) 2018/2035 included a survivability exemption for the by-catch of species subject to catch limits in the fishery carried out with pots and fyke nets, based on the scientific evidence which demonstrated high discard survival rates. That evidence was evaluated in previous years and the STECF concluded (16) that the available data indicates that mortality of discarded fish is likely to be low, however the actual catches in the fishery are negligible. Since the catches are not significant and considering that the circumstances have not changed, the exemption should continue to apply under this Regulation.

(18)

Delegated Regulation (EU) 2018/2035 included a survivability exemption for plaice in the fishery carried out with gillnets and trammel nets in ICES division 3a and ICES subarea 4. The Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF which concluded (17) that reasonable information was provided showing the considerably high survivability. That exemption should therefore be included in this Regulation.

(19)

Delegated Regulation (EU) 2018/2035 included a survivability exemption for plaice in the fishery carried out with Danish seines in ICES division 3a and ICES subarea 4. The Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF which concluded (18) that the data of the study on the survival rates are reliable, albeit additional measures could be used in order to enhance survivability, as the decrease of survivability is significant if the sorting time of the plaice is longer than 30 minutes. That exemption should therefore be included in this Regulation.

(20)

Delegated Regulation (EU) 2018/2035 included a survivability exemption for catch and by-catch of plaice in the fishery targeting flatfish or round fish carried out with trawls in ICES division 3a and ICES subarea 4 in winter months. The Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF which concluded (19) that the survival rates in the supporting study decreased if the sorting time was greater than 60 minutes in the summer months, therefore a low survival rate of plaice in summer justifies the exemption being restricted to winter months. That exemption should therefore be included in this Regulation.

(21)

In delegated Regulation (EU) 2018/2035 a survivability exemption for skates and rays caught with all fishing gears in ICES divisions 2a and 3a, and ICES subarea 4, was granted despite that the detailed scientific evidence on survival rates was not available for all fleet segments and combinations of gears, areas and species. However, with a few exceptions, the STECF considers the survival rates to be generally robust (20), but further details are required. Given the need to continue fishing activity in order to ensure the necessary data collection, that exemption should be granted, but Member States should be required to submit relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. Member States having a direct management interest should submit by 1 May each year: (a) a roadmap developed in order to increase survivability and to fill in the data gaps identified by the STECF, to be annually assessed by the STECF, (b) annual reports on the progress and any modifications or adjustments made to the survivability programmes.

(22)

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. Furthermore, the scientific understanding of the survival pattern of that species appears to be less robust. However, to exclude this species from the exemption would prevent fishing and continued, accurate data collection. Relevant evidence was submitted to the STECF which concluded (21) that two new studies have been started on survival experiments concerning Cuckoo ray, but more observations will be needed to make a definitive judgement on the survival rates in 1 or 2 years. Therefore, this exemption should be granted for two years and new studies and improved survivability measures should be developed as a matter of urgency and provided to the STECF for assessment as soon as possible and not later than by 1 May.

(23)

The new joint recommendation suggests a survivability exemption for catches of plaice below the minimum conservation reference size (MCRS) caught with 80-119 mm beam trawl gears (BT2) in ICES division 2a and ICES subarea 4 for the period 2020-2021:

(24)

The new joint recommendation suggests a survivability exemption for turbot caught by TBB gears with a cod end more than 80 mm in ICES subarea 4. The Member States provided scientific evidence in order to demonstrate high discard survival rates for turbot in that fishery. The evidence was submitted to the STECF which concluded (23) that no new survival evidence was presented and the previously submitted studies were based on the gear type different than beam trawl, therefore they are not representative. However, more research is committed by the Member States to observe the survival of discarded turbot caught by beam trawls and to provide more detailed information of survivability in the new project, foreseen to be carried out until 2021. Given the need to continue fishing activity in order to ensure the necessary data collection, that exemption should be granted, but Member States should be required to submit, in the indicated timeframe, the relevant data allowing the STECF to assess fully the justificiation and allowing the Commission to carry out a review. That exemption should be applied provisionally until 31 December 2020.

(25)

The new joint recommendation suggests an extension of application of a survivability exemption for plaice caught with trawls with a mesh size of at least 120 mm when targeting flatfish or roundfish in ICES division 3a and ICES subarea 4 for summer months. In Delegated Regulation (EU) 2018/2035 the same exemption was granted only for the winter months (from 1 November to 30 April). The new joint recommendation suggests also new survivability exemptions for:

(26)

The Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The STECF observed (24) that methods for estimates of survival are variable between studies and noted that smaller plaice, caught more frequently with smaller codend meshes, are indicated to have lower survival levels. However, for the plaice survivability during summer months the full scientific report on the whole area would enable a representative assessment. Therefore, the Commission considers that this exemption should only be granted for one year and the new studies and improved survivability measures should be developed as a matter of urgency and provided to the STECF for assessment as soon as possible and not later than by 1 May 2020.

(27)

Delegated Regulation (EU) 2018/2035 included de minimis exemptions for:

(28)

Member States provided evidence supporting those de minimis exemptions. The STECF (25) reviewed that evidence and concluded (26) that the documents submitted by the Member States contained reasoned arguments demonstrating that further improvements in selectivity are difficult to achieve or imply disproportionate costs in handling unwanted catches. Considering that the circumstances have not changed, it is appropriate to continue thede minimis exemptions in accordance with the percentage level and the necessary modifications suggested in the new joint recommendation pursuant to Article 15(5)(c) of Regulation (EU) No 1380/2013.

(29)

The new joint recommendation provided additional scientific evidence for the extension of de minimis exemptions for:

(30)

The new joint recommendation suggested de minimis exemptions for:

(31)

Member States provided scientific evidence supporting those existing and new de minimis exemptions based on difficulties to improve selectivity and disproportionate costs of handling the catches. That evidence was reviewed by the STECF during its plenary session on 1-5 July 2019 (27).

(32)

The additional evidence provided by the Member States on the de minimis exemptions regarding horse mackerel and mackerel caught by vessels using bottom trawls and beam trawls was reviewed by the STECF which concluded that further information needs to be provided for most of the Member States. Given the need to continue fishing activity in order to ensure the necessary data collection to provide that information, individual exemptions for each species should be limited to one year and Member States should be required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. The Member States concerned should undertake the necessary work to collect and process needed data or additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.

(33)

The evidence provided by the Member States on the de minimis exemption regarding a combined quantity of sprat, sandeel, Norway pout and blue whiting in demersal mixed fisheries caught by vessels using trawls was reviewed by the STECF which concluded that there is no quantitative evidence to support the assertions of small discards and the exhaustion of options to improve the selectivity. The STECF noted that achieving additional selectivity improvements would be difficult in such fisheries and de minimis is needed to cover the residual unwanted catches. Given the need to continue fishing activity in order to ensure the necessary data collection to provide that information, the exemption for combined de minimis should be limited to one year and Member States should be required to submit the relevant data allowing the STECF to assess fully 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 and not later than by 1 May 2020, for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.

(34)

The evidence provided by the Member States on the de minimis exemption regarding whiting below the MCRS caught with beam trawls was reviewed by the STECF which concluded that evidence stating that landing unwanted catches has an associated cost is not sufficient in itself to demonstrate that those costs are disproportionate. STECF noted that improving selectivity in the relevant fisheries should be the priority as this will reduce the costs for handling unwanted catches. Given the need to continue fishing activity in order to ensure the necessary data collection to provide that information, the de minimis exemption should be limited to one year and Member States should be required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. In addition, Member States are expected to report on the uptake of further selectivity measures.The Member States concerned should undertake the additional trials and provide all relevant information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. This exemption should therefore be applied provisionally until 31 December 2020.

(35)

The evidence provided by the Member States on the de minimis exemption regarding whiting and cod below the MCRS caught with bottom trawls was reviewed by STECF which concluded that there is no possibility to evaluate whether the estimates on the disproportionate costs are correct. STECF noted that improving selectivity in the relevant fisheries should be the priority as this will reduce the costs for handling unwanted catches. Given the need to continue fishing activity in order to ensure the necessary data collection to provide that information, the de minimis exemption should be limited to one year and Member States should be required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. In addition, Member States are expected to report on the uptake of further selectivity measures. The Member States concerned should undertake the additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. This exemption should therefore be applied provisionally until 31 December 2020.

(36)

The evidence provided by the Member States on the new de minimis exemption regarding ling below the MCRS caught with longlines was reviewed by the STECF which concluded that achieving additional selectivity improvements would be difficult in such fisheries. In addition, the STECF noted that given that the de minimis volume is likely to be small, the exemption would have no impact on the overall fishing mortality, provided the catches discarded are recorded. Given that the selectivity is difficult to achieve, the exemption for that fishery should be limited to one year and Member States should be required to submit the relevant data allowing the STECF to assess fully 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 and not later than by 1 May 2020, for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.

(37)

To ensure reliable estimations of levels of discarding for the purpose of the setting of the total allowable catches, Member States should, in the 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 that exemption.

(38)

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 with Regulation (EU) 2018/973, in particular Article 11 thereof, and may thus be included in this Regulation.

(39)

According to Article 16(2) of Regulation (EU) 2018/973, the power to adopt delegated acts with regards to the landing obligation is conferred on the Commission for a period of five years from 5 August 2018. It is therefore appropriate to revise the impact of the survivability and de minimis exemptions from the landing obligation in the second year of application of this Regulation.

(40)

Delegated Regulation (EU) 2018/2035 should be repealed and replaced by a new Regulation.

(41)

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 2020,

(1)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3) 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)

Article 9 of Regulation (EU) No 1380/2013 provides for the adoption of multiannual plans containing conservation measures for fisheries exploiting certain stocks in a relevant geographical area.

(3)

Such multiannual plans specify details of the implementation of the landing obligation and may empower the Commission to further specify those details on the basis of joint recommendations developed by Member States.

(4)

Commission Delegated Regulation (EU) 2018/2034 (4) established a discard plan for certain demersal fisheries in the North-Western waters for the period 2019-2021, following a joint recommendation submitted by Belgium, Spain, France, Ireland, the Netherlands and the United Kingdom.

(5)

On 19 March 2019, the European Parliament and the Council adopted Regulation (EU) 2019/472 establishing a multiannual plan for stocks fished in the Western Waters, and for fisheries exploiting those stocks. Article 13 of that Regulation empowers the Commission to adopt delegated acts in order to supplement this Regulation by specifying details of the landing obligation for all stocks of species in the Western Waters to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013, as provided for in points (a) to (e) of Article 15(5) of that Regulation (EU) No 1380/2013, on the basis of joint recommendations developed by Member States.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 6 June 2019 a new joint recommendation to the Commission concerning a discard plan for certain demersal fisheries in the North-Western Waters for the period 2020-2021. The joint recommendation was amended on 22 August 2019.

(6)

The new joint recommendation submitted by the Member States proposed continuation of a number of additional technical measures that aim to increase selectivity and reduce unwanted catches for fisheries or species covered by the landing obligation that were introduced pursuant to Article 15(5)(a) of the Regulation (EU) No 1380/2013 for the years 2019-2021 by Delegated Regulation (EU) 2018/2034.

(7)

On 14 August 2019 a new Regulation (EU) 2019/1241 on the conservation measures of fisheries resources and the protection of marine ecosystems through technical measures came into force. It establishes in Annex VI specific provisions regarding technical measures in North Western Waters, which also include rules on mesh sizes, associated conditions and by-catches. In addition, point 3 of Annex VI of this Regulation refers to Delegated Regulation (EU) 2018/2034. Article 15 of Regulation (EU) 2019/1241 empowers the Commission to adopt delegated acts in order to amend, supplement, repeal or derogate from the technical measures set out in the Annexes to Regulation (EU) 2019/1241, including when implementing the landing obligation.

(8)

Regulation (EU) 2019/1241 does not provide for transitional measures. Therefore, to ensure compatibility between this Delegated Regulation and Regulation (EU) 2019/1241, it is necessary to apply the conditions established in Regulation (EU) 2019/1241, whilst at the same time taking into account the exceptional circumstances involved. Based on the information provided by the Member States, the Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the joint recommendation and concluded (5) that the proposed changes to increase selectivity in the North Western Waters are reasonable and represent an increase in selectivity compared to the gear defined previously. This joint recommendation was developed and submitted by the Member States and assessed by the STECF before the entry into force of Regulation (EU) 2019/1241 and therefore did not refer to that Regulation. Nevertheless, in view of the 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 to be any element indicating that the additional proposed technical measures would fail to comply with the requirements established for technical measures in Article 15 of Regulation (EU) 2019/1241.

(9)

To increase gear selectivity and reduce unwanted catches in the Celtic Sea, Irish Sea and West of Scotland, it is therefore appropriate to include a number of selective measures for demersal fisheries. Those technical measures should therefore apply for the period 2020-2021.

(10)

Scientific contributions were obtained from relevant scientific bodies and reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF) (6). The Commission presented the measures concerned for a written consultation of the expert group, consisting of 28 Member States and European Parliament as an observer.

(11)

In the cases where the relative amount of dead discards are comparatively 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 the collection of data which are esssential for the proper and informed management of discards with a view to implementing fully the landing obligation.

(12)

Delegated Regulation (EU) 2018/2034 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 (7) subareas 6 and 7, based on scientific evidence which demonstrated high survival rates. That evidence was evaluated in previous years and the STECF concluded (8) 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 continue to apply for the period 2020-2021.

(13)

Delegated Regulation (EU) 2018/2034 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 high discard survival rates. That evidence was evaluated in previous years and the STECF has concluded (9) that the evidence was sufficient. The new joint recommendation suggests the continued application of the exemption. Considering that the circumstances have not changed, that exemption should continue to apply for the period 2020-2021.

(14)

Delegated Regulation (EU) 2018/2034 included 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 high discard survival rates for Norway lobster in that fishery. The evidence was submitted to the STECF which concluded (10) that the survival study made with Seltra trawl provided sufficient data, but that the overall effect on the extensive fishery of Norway lobster with other fishing gears remains difficult to assess. The 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 apply for the period 2020-2021.

(15)

Delegated Regulation (EU) 2018/2034 included 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. Member States provided scientific evidence in order to demonstrate high 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 apply for the period 2020-2021.

(16)

Delegated Regulation (EU) 2018/2034 included a survivability exemption for skates and rays caught with any gear in ICES subareas 6 and 7, pending the submission of detailed scientific evidence on survival rates for all fleet segments and combinations of gears, areas and species. However, with a few exceptions, the STECF considers the survival rates to be generally robust (11), but notes that further details are required. In order to collect the relavant data, fishing needs to continue. The exemption may therefore be granted, but Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. Member States having a direct management interest should submit by 1 May each year: (a) a roadmap developed in order to increase survivability and to fill in the data gaps identified by the STECF, to be annually assessed by the STECF, (b) annual reports on the progress and any modifications or adjustments made to the survivability programmes.

(17)

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. Furthermore the scientific understanding of the survival pattern of that species appears to be less robust. However, to exclude this species from the exemption would prevent fishing and continued, accurate data collection. Relevant evidence was submitted to the STECF which concluded (12) that two new studies have been started on survival experiments concerning Cuckoo ray, but that more observations will be needed to make a definitive judgement on the survival rates in 1 or 2 years. Therefore, this exemption should be granted for two years and new studies and improved survivability measures should be developed as a matter of urgency and provided to the STECF, for assessment, as soon as possible and not later than by 1 May.

(18)

Delegated Regulation (EU) 2018/2034 included a survivability exemptions for plaice caught with trammel nets or otter trawls in ICES divisions 7d, 7e, 7f and 7g. Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF which concluded that survivability study is robust and indicates a relatively high survival rate. That exemption should therefore apply for the period 2020-2021.

(19)

Delegated Regulation (EU) 2018/2034 included a 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 high discard survival rates for species caught in that fishery. The evidence was submitted to the STECF which concluded that the survival of the species discarded from trap and pot fishing is likely to be substantial. That exemption may therefore apply for the period 2020-2021.

(20)

The new joint recommendation suggests an extension of a survivability exemptions for plaice caught in ICES divisions 7a to 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 of the coast 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 high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF, which concluded (13) that the scientific information is of good quality. The STECF, however, pointed out that the data do not cover all the Member States concerned and that in that fishery survivability is affected by many factors and is highly variable. The STECF noted that new vitality evidence was provided on plaice at the point of discarding in the English South West beam trawl fishery. Member States have developed a three-year project to generate directly observed survival estimates for plaice in ICES divisions 7d, 7f, 7g, however, ICES divisions 7h, 7j, 7k are not covered. That project will contribute to delivering the roadmap and the evidence needed to evaluate the suggested exemption. The STECF noted that Member States should describe how the suggested exemption is linked to the By-catch Reduction Plan for the plaice stocks in ICES divisions 7h, 7j, 7k. Under those circumstances, the exemption should be limited to one year as regards the plaice in ICES divisions 7h, 7j, 7k to still allow the collection of data and the Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. That exemption may therefore be applied to plaice in ICES divisions 7h, 7j, 7k until 31 December 2020 and the Member States concerned should undertake additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF.

(21)

The new joint recommendation suggests a survivability exemption for plaice caught with Danish seines in ICES division 7d. Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF which concluded (14) that the data of the study on survival rates are reliable and give robust survival estimates for that fishery. That exemption should therefore be included in the new discard plan for the years 2020-2021.

(22)

Delegated Regulation (EU) 2018/2034 included de minimis exemptions from the landing obligation for certain fisheries. The evidence provided by the Member States was reviewed by the STECF which concluded (15) that documents submitted by the Member States contained reasoned arguments demonstrating difficulties in increasing selectivity and disproportionate costs in handling unwanted catches, supported in some cases by qualitative assessments of the costs. 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:

(23)

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

(24)

The evidence by the Member States on the new de minimis exemptions regarding horse mackerel and mackerel caught by vessels using bottom trawls, seines and beam trawls in ICES subarea 6 and ICES divisions 7b to 7k was reviewed by the STECF, which concluded (16) that evidence that landing unwanted catches has associated costs, is not sufficient to demonstrate that those costs are disproportionate. Improving selectivity in the relevant fisheries should be the priority as it will reduce the costs for handling unwanted catches. The STECF also noted that the introduction of the specific technical measures for vessels operating with bottom trawls or seines in the Celtic Sea protection zone may reduce the unwanted catch of horse mackerel, mackerel and other species. The effectiveness of those measures should be monitored. Given the need to continue fishing activity in order to ensure the necessary data collection, those exemptions may be granted for one year, but Member States should be required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible, and not later than by 1 May 2020, for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.

(25)

The evidence provided by Member States on the new de minimis exemption for common sole caught by vessels using beam trawls with Flemish panel in ICES divisions 7d, 7e, 7f, 7g and 7h was reviewed by the STECF, which concluded (17) that the data for other Member States than Belgium and Ireland would be needed. Also the effectiveness of the Flemish panel used in the trails conducted by Member States may be limited and not ensure the reductions of unwanted catches observed in those trials. The STECF notes that additional information to evidence this would be useful, accepting that the Flemish panel as currently used does improve selectivity for the common sole. Given the need to continue fishing activity in order to ensure the necessary data collection with regards to the areas 7h, 7j, 7k that new exemption may be granted for one year, but Member States should be required to submit the relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible, and not later than by 1 May 2020, for assessment by the STECF. That exemption should therefore be applied provisionally until 31 December 2020.

(26)

The evidence provided by the Member States on the new de minimis exemption regarding demersal mixed fishery made by vessels targeting brown shrimp and using beam trawls in in ICES division 7a, was reviewed by the STECF which concluded (18) that justification for the exemption is that significant increases in selectivity are very difficult to achieve and that the cost of handling the unwanted catch are disproportionate. However, the STECF notes that limited qualitative information is provided to support the exemption and that the information provided might be not representative. Given the information provided, discards may be very low and not require a de minimis deduction. That exemption may therefore apply for the period 2020-2021.

(27)

The evidence provided by the Member States on the new de minimis exemption for megrim below the MCRS caught by vessels using bottom trawls and beam trawls, and boarfish and greater silver smelt caught by vessels using bottom trawls was reviewed by the STECF which concluded (19) that limited data was provided by the Member States and the evidence that landing unwanted catches has an associated cost is not sufficient to demonstrate that those costs are disproportionate. The STECF notes that improving selectivity in the relevant fisheries should be the priority as it would reduce the costs for handling unwanted catches. Given the need to continue fishing activity in order to ensure the necessary data collection, those exemptions may be granted for one year, but Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. Those exemptions should therefore be applied provisionally until 31 December 2020.

(28)

The evidence provided by the Member States on the new de minimis exemption for haddock caught by vessels using bottom trawls with a mesh size greater than or equal to 80 mm in ICES subareas 7b-7c and 7e to 7k was reviewed by the STECF which concluded (20) that information provided shows that improvements in selectivity for haddock are difficult to achieve without substantial short-term losses in marketable catches. STECF notes that specific technical measures in the Celtic Sea protection zone are expected to reduce unwanted catches of haddock to a lesser extent, but it is too early to evaluate the possible achievements. Given the need to continue fishing activity in order to ensure the necessary data collection, that exemption may be granted for one year, but Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. The Member States concerned should undertake additional trials and provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. That exemptions should therefore be applied provisionally until 31 December 2020.

(29)

The evidence provided by the Member States on the new de minimis exemption for haddock below MCRS caught by vessels using using bottom trawls with a mesh size up to 119 mm in the West of Scotland Nephrops fishery ICES division 6a was reviewed by the STECF which concluded (21) that the justification for the analysis is based on an analysis of disproportionate cost of handling unwanted catches. STECF notes that the costs seem to be reasonable, however there is no objective means to assess whether they are realistic or can be considered disproportionate. Given the need to continue fishing activity in order to ensure the necessary data collection, that exemption may be granted for one year, but Member States should be required to submit relevant data allowing the STECF to fully assess the justification and allowing the Commission to carry out a review. The Member States concerned should provide information as soon as possible and not later than by 1 May 2020, for assessment by the STECF. That exemptions should therefore be applied provisionally until 31 December 2020.

(30)

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

(31)

Under Article 18 of the Regulation (EU) No 1380/2013, the Commission has considered both the the STECF’s assessment and the need for Member States to ensure the full implementation of the landing obligation. In several cases, continued fishing activity and data collection is necessary in order to address the comments made by the STECF. In those cases, it is appropriate to follow a pragmatic and prudent approach to fisheries management by granting exemptions on a temporary basis. Not granting such exemptions would prevent the collection of data which are necessary for the proper and informed management of discards with a view to implementing fully the landing obligation.

(32)

Following the new joint recommendation, it is appropriate to repeal Delegated Regulation (EU) 2018/2034 and to replace it with a new act.

(33)

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 2020,

(1)

In order to ensure the accurate implementation of the sample survey in the labour force domain, the Commission should specify the technical items of the data set, the technical formats for transmission of information and the detailed arrangements and content of the quality reports.

(2)

The Member States and the Union institutions should use statistical classifications for the territorial units, education, occupation and economic sector that are compatible with the NUTS (2), ISCED (3), ISCO (4) and NACE (5) classifications.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,