(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. In the Mediterranean Sea, it also applies to catches of species subject to minimum conservation reference sizes as listed in Annex IX to Regulation (EU) 2019/1241 of the European Parliament and of the Council (2).

(2)

According to Article 15(1)(a) of Regulation (EU) No 1380/2013, the landing obligation applies to small pelagic fisheries from 1 January 2015.

(3)

In order to avoid disproportionate costs of handling unwanted catches, Commission Delegated Regulation (EU) 2018/161 (3) allowed the discarding of a small percentage of catches of species subject to minimum conservation reference sizes. It provides for a combined de minimis exemption that applies to small pelagic fisheries using pelagic mid-water trawl and/or purse seines and catching anchovy, sardine, mackerel and horse mackerel in the General Fisheries for the Commission of the Mediterranean (GFCM) geographical sub-areas 1, 2, 5, 6, 7, 8, 9, 10, 11.1, 11.2, and 12 (western Mediterranean Sea); 17 and 18 (Adriatic Sea); and 15, 16, 19, 20, 22, 23 and 25 (south-eastern Mediterranean Sea).

(4)

Delegated Regulation (EU) 2018/161 is to apply until 31 December 2020.

(5)

In May 2020, the Pescamed Member States High-Level group in the western Mediterranean (Spain, France and Italy), Adriatica High-Level group in the Adriatic Sea (Croatia, Italy and Slovenia) and Sudestmed High-Level group in the south-eastern Mediterranean Sea (Greece, Italy, Cyprus and Malta) having a direct management interest for small pelagic fisheries in the Mediterranean Sea submitted scientific evidence to request the prolongation of the de minimis exemption laid down in Delegated Regulation (EU) 2018/161.

(6)

In May 2020, an expert working group of the Scientific, Technical and Economic Committee for Fisheries (STECF) reviewed the scientific evidence submitted and considered that prolonging the de minimis exemption would require additional evidence, in particular concerning the level of discards reported in the fisheries concerned.

(7)

In June 2020, the three Member States High-Level groups submitted additional evidence to reply to the observations of the STECF’s expert working group. In light of the additional evidence submitted, the STECF (4) concluded that the scientific criteria justifying the prolongation of the de minimis exemption granted under Delegated Regulation (EU) 2018/161 were met.

(8)

The de minimis exemption provided for in Delegated Regulation (EU) 2018/161 applies to several species caught at the same time by small scale fishing vessels and at highly varying quantities, and landed at many different landing points spread out geographically along the coast, which makes a single stock approach more difficult[?]. Those species are subject to minimum conservation sizes as listed in Annex IX to Regulation (EU) 2019/1241.

(9)

The information provided as regards the disproportionate costs of handling unwanted catches and as regards the levels of unwanted catches has improved. However, the STECF notes that improvement in collecting discards data is still needed. In this context, and to avoid disproportionate costs of handling unwanted catches and the interruption of the activities of the fisheries concerned and of related economic activities, the Commission considers it appropriate to prolong the period of application of the de minimis exemption laid down in Delegated Regulation (EU) 2018/161.

(10)

Delegated Regulation (EU) 2018/161 should therefore be amended accordingly.

(11)

Since the measures provided for in this Regulation impact directly 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. For the purpose of legal certainty and as Delegated Regulation (EU) 2018/161 expires on 31 December 2020, this Regulation should apply from 1 January 2021.

(1)

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 entered into force. It establishes in Annex I a list of prohibited species, in Annex V specific provisions regarding technical measures established at regional level for the North Sea and in Annex VII specific provisions regarding technical measures established at regional level for the South Western Waters.

(2)

Article 2(2) of Regulation (EU) 2019/1241 empowers the Commission to adopt delegated acts in accordance with Article 15 and Article 29 to amend this Regulation by providing that the relevant provisions of Article 13 or parts A or C of Annexes V to X also apply to recreational fishing.

(3)

Article 10(4) of Regulation (EU) 2019/1241 empowers the Commission to adopt delegated acts in accordance with Article 29 to amend the list of prohibited species, set out in Annex I.

(4)

Article 15(2) of Regulation (EU) 2019/1241 empowers the Commission to adopt delegated acts in accordance with Article 29 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (2) 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.

(5)

Annex I sets out the list of prohibited species. Annex V and Annex VII of Regulation (EU) 2019/1241 set out specific technical measures for the North Sea and for the South Western Waters, respectively.

(6)

Belgium, Denmark, Germany, France, the Netherlands and Sweden have a direct fisheries management interest in the North Sea. After consulting the North Sea Advisory Council and the Pelagic Advisory Council, those Member States submitted on 4 May 2020 a joint recommendation to the Commission for a delegated act.

(7)

Belgium, Spain, France, the Netherlands and Portugal have a direct fisheries management interest in the South Western Waters. After consulting the South Western Waters Advisory Council and the Pelagic Advisory Council, those Member States submitted on 4 May 2020 a joint recommendation to the Commission for a delegated act.

(8)

This Regulation aims at incorporating into one single act existing provisions on technical measures that were in the past adopted as part of the discard plans for the North Sea and South-Western Waters, and newly proposed technical measures.

(9)

Based on the information provided by the Member States, the Scientific, Technical and Economic Committee for Fisheries (STECF) positively assessed the evidence provided by the regional groups in support of the technical measures included in both joint recommendations (3).

(10)

The measures included in this Regulation have been evaluated in accordance with Article 2(2), 10, 15 and Article 18 of Regulation (EU) 2019/1241. Member States provided evidence to demonstrate that the proposals comply with Articles 15(4) and (5) of Regulation (EU) 2019/1241.

(11)

The Fisheries Expert Group was consulted on the joint recommendation on 28 July 2020. The European Parliament attended the meeting as an observer.

(12)

The joint recommendation submitted by the Member States with an interest in the North Sea (NS joint recommendation) suggested to include berried lobster in the list of species in Annex I of Regulation (EU) 2019/1241 for which there is a prohibition to fish for, retain on board, tranship, land, store, sell, display or offer for sale. The STECF analysed the evidence presented by the Member States and concluded that there is compelling evidence to support the introduction of this measure. The STECF noted that similar measures have been taken in other areas and have produced long-term economic benefits from increased landings of lobster due to stock recovery. The proposed measure should therefore be included in this Regulation.

(13)

The NS joint recommendation suggested increasing the minimum conservation reference size for European lobster in the Swedish exclusive economic zone (EEZ) in ICES division 3a. The STECF pointed out that despite no specific evidence for this request, the measure represents an increase of the minimum conservation reference size. With such a measure, the stock will be exploited at a lower intensity, with obvious subsequent benefits for the conservation of the stock. The proposed measure should therefore be included in this Regulation.

(14)

The NS joint recommendation also suggested to harmonise the minimum conservation reference size for seabass caught in recreational fisheries in ICES division 3a and ICES subarea 4 with the minimum conservation reference size of seabass for commercial fisheries, as included in Article 10, paragraph 5 of Council Regulation (EU) 2020/123 (4). The STECF noted in its report 20-04 that given recreational fisheries contributes to the overall fishing mortality, applying the minimum conservation reference size for commercial fisheries also to recreational fisheries is a positive management measure. The proposed measure should therefore be included in this Regulation.

(15)

The NS joint recommendation further suggested the continuation of a number of additional technical measures agreed between the Union and Norway in 2011 (5) and 2012 (6). Certain of these specific technical measures were already included in Annex V of Regulation (EU) 2019/1241, others were included pursuant to Article 15(5)(a) of Regulation (EU) No 1380/2013 for the years 2019-2021 in Commission Delegated Regulation (EU) 2019/2238 (7). These measures aim at increasing selectivity and reduce unwanted catches for fisheries or species covered by the landing obligation and should be incorporated into Annex V of Regulation (EU) 2019/1241. These measures should therefore be included in this Regulation.

(16)

The NS joint recommendation suggested also continuation of the use of SepNep nets permitted by Delegated Regulation (EU) 2019/2238. The STECF concluded that the information presented was detailed and credible and supporting evidence of the effectiveness of the SepNep was provided. The device was analysed by STECF in previous years and its conclusion remains valid (8). On the basis of the provided information STECF also concluded that the SepNep complies with Article 15(5) of Regulation (EU) 2019/1241 as an equivalent selectivity device in the context of the technical provisions set out for Nephrops directed fisheries and will not lead to deterioration of selectivity standards. The measure should therefore be included in this Regulation.

(17)

The NS joint recommendation also suggested a seasonal closure for commercial and recreational fishery for European lobster in the Swedish exclusive economic zone (EEZ) in ICES division 3a. The STECF analysed the evidence provided by the Member States and noted that, although no specific supporting information was provided allowing to quantify its potential benefit, the measure will represent a reduction in fishing mortality that is likely to have positive benefits on lobster stocks in combination with the other measures proposed. The proposed measure should therefore be included in this Regulation.

(18)

The NS joint recommendation suggested a prohibition to fish lobster with gears other than lobster pots in the Swedish exclusive economic zone (EEZ) in ICES division 3a. STECF concluded that, although no specific supporting information was provided allowing to quantify its potential benefit, banning the use of gillnets for targeting lobster and crawfish has had positive effects in other areas and that the measure is likely to have positive benefits on lobster stocks. This measure should therefore be included in this Regulation.

(19)

The joint recommendation submitted by the Member States with an interest in the South Western Waters (SWW joint recommendation) suggested maintaining the minimum conservation reference size of the horse mackerel caught by a small artisanal fishery in Xávega region in ICES division 8c and subarea 9 that is currently included in Commission Delegated Regulation (EU) No 1394/2014 (9). The STECF referred to its previous assessment where it assessed this measure positively and concluded (10) that, with the conditions laid down in the joint recommendation, the proposal was not likely to change the historical exploitation pattern of the stock. Given that the conditions of this request have not changed and that the STECF noted that the exploitation pattern has been stable for at least 20 years, this measure should therefore be included in this Regulation.

(20)

The SWW joint recommendation suggested to harmonise the minimum conservation reference size for the following species caught in recreational fisheries in the South Western Waters with the minimum conservation reference size applicable to commercial fisheries: haddock, saithe, pollack, hake, megrim, sole, plaice, whiting, ling, blue ling, mackerel, herring, horse mackerel, anchovy and sardine. The joint recommendation suggested higher minimum conservation reference sizes for cod, red seabream and seabass for recreational fisheries. The STECF analysed the evidence provided and concluded (11) that given recreational fisheries contributes to the overall fishing mortality, applying the minimum conservation reference size for commercial fisheries also to recreational fisheries is a positive management measure. This measure should therefore be included in this Regulation.

(21)

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

(22)

As the measures provided for in this Regulation have a direct impact on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force immediately after its publication. Given that certain technical measures adopted as part of discard plans expire at the end of 2020, this Regulation should apply from 1 January 2021,

(1)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (2) 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. 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.

(3)

Regulation (EU) 2018/973 establishes a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks. Article 11 of that Regulation empowers the Commission to adopt delegated acts to supplement that 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.

(4)

As set out in Regulation (EU) 2018/973, the North Sea comprises International Council for the Exploration of the Sea (‘ICES’) divisions 2a, 3a and subarea 4.

(5)

Commission Delegated Regulation (EU) 2019/2238 (3) specifies details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021, following a joint recommendation submitted by Belgium, Denmark, France, Germany, the Netherlands, Sweden and the United Kingdom (4) which have a direct fisheries management interest in the North Sea.

(6)

Belgium, Denmark, France, Germany, the Netherlands and Sweden, after consulting the North Sea Advisory Council and the Pelagic Advisory Council, submitted a joint recommendation to the Commission on 04 May 2020 establishing a discard plan for pelagic and demersal species in the North Sea for the period 2021-2023. The Member States submitted a revised version of the joint recommendation on 23 July 2020.

(7)

Scientific contributions were obtained from relevant scientific bodies and reviewed by the Scientific, Technical and Economic Committee for Fisheries (‘STECF’) (5). The Commission presented the measures concerned to an expert group consisting of representatives of 27 Member States on 28 July 2020 in a meeting attended by the European Parliament as an observer.

(8)

Under Article 18 of the Regulation (EU) No 1380/2013, the Commission has considered both the STECF assessment and the need for Member States to ensure the full implementation of the landing obligation. The regional group of Member States have based most of their de minimis exemption requests on a potential increase in costs as a consequence of handling unwanted catches. The information provided by the Member States in this regard has improved. However, STECF notes that improving data collection is still needed in some of the cases and that improving selectivity should be the priority to reduce the level of unwanted catches. Therefore, in such cases the exemptions will be granted on a case-by-case basis for 1 or 2 years. Member States should provide additional data resulting from trials and scientific studies that are ongoing.

(9)

Commission Delegated Regulation (EU) 2019/2238 included a survivability exemption, as provided for by Article 15(4)(b) of Regulation (EC) No 1380/2013, for Norway lobster caught with pots in ICES divisions 2a, 3a and ICES subarea 4, based on the scientific evidence which demonstrated high discard survival rates. Member States requested that the exemption be continued. The STECF evaluated the evidence submitted by the Member States in previous years and concluded (6) that the exemption is justified. Considering that the circumstances have not changed, that exemption should be maintained.

(10)

Delegated Regulation (EU) 2019/2238 included a survivability exemption for Norway lobster caught in ICES subarea 4 and ICES divisions 2a and 3a using bottom trawls, including some with a selectivity device. The Member States requested that the exemption be continued and provided new evidence. The STECF analysed the new evidence submitted by the Member States and concluded (7) that additional information had been provided for the East coast otter-trawl fishery for Nephrops, as required by STECF (8). The STECF concluded in previous years that the supporting information was robust and the validation technique used in the context of the wider fleets was reasonable (9). Considering that the circumstances have not changed, that exemption should be maintained.

(11)

Delegated Regulation (EU) 2019/2238 included a survivability exemption for common sole below minimum conservation reference size (‘MCRS’) caught by otter trawls in ICES division 4c, based on scientific evidence which demonstrated high discard survival rates. The Member States requested International Council for the Exploration of the Sea that the exemption be continued. The STECF evaluated the evidence in previous years and concluded (10) that it was sufficient. Considering that the circumstances have not changed, that exemption should be maintained.

(12)

Delegated Regulation (EU) 2019/2238 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 that demonstrated high discard survival rates. The STECF evaluated the evidence in previous years and concluded (11) that the available data indicates that mortality of discarded fish is likely to be low; however, the actual catches in the fishery are negligible. The exemption should continue to apply given that the catches are not significant and considering that the circumstances have not changed.

(13)

Delegated Regulation (EU) 2019/2238 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 requested that the exemption be continued. The STECF assessed the evidence in previous years and concluded (12) that the information was reasonable, showing considerably high survivability. Considering that the circumstances have not changed, that exemption should therefore be maintained in this Regulation.

(14)

Delegated Regulation (EU) 2019/2238 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 requested that the exemption be continued. The STECF assessed the evidence in previous years and concluded (13) that the data of the study on the survival rates are reliable. Considering that the circumstances have not changed, that exemption should therefore be maintained.

(15)

Delegated Regulation (EU) 2019/2238 included a survivability exemption for catch and by-catch of plaice in the fishery targeting flatfish or roundfish carried out with trawls with a mesh size of at least 120 mm in ICES division 3a and ICES subarea 4. The Member States requested that the exemption be continued. The joint recommendation also requested a new high survivability exemption for plaice caught with trawls with mesh size of 100 to 119 mm in ICES division 3a and ICES subarea 4. The Member States provided additional scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The STECF noted that the supporting studies were performed with a 90 mm mesh size; therefore, it is unlikely that the survival rates are lower with a mesh size of at least 100 mm. Given that the season and air exposure are main factors influencing plaice survival and that survival rates may be lower after 60 minutes of air exposure, the exemptions should be included in this Regulation and the unwanted catches of plaice should be released immediately.

(16)

Delegated Regulation (EU) 2019/2238 included survivability exemptions for:

(17)

The Member States requested that the exemption be continued and submitted new scientific evidence resulting from ongoing studies. The STECF observed (14) that improvements in the definition to distinguish the flatfish and roundfish fishery from the fishery targeting nephrops are still needed. The Commission noted that Member States committed in the joint recommendation to carry out further work in this regard. This exemption should therefore be maintained.

(18)

Delegated Regulation (EU) 2019/2238 included a survivability exemption for catches of plaice below the MCRS caught with 80 to 119 mm beam trawl gears (BT2) in ICES division 2a and ICES subarea 4:

(19)

The Member States requested that the exemption be continued and submitted new evidence. The STECF noted (15) that there are substantial reasearch projects ongoing that should provide useful information about this exemption. Therefore, these exemptions should be maintained. Member States should submit relevant data resulting from the ongoing projects as soon as possible and not later than 1 May every year. The Commission also notes that Member States committed in the joint recommendation to submit a timetable for the completion of the roadmap with the next annual report by 1 May 2021.

(20)

Delegated Regulation (EU) 2019/2238 included a survivability exemption for turbot caught by TBB gears with a codend more than 80 mm in ICES subarea 4. The Member States requested that the exemption be continued and submitted new scientific information. The STECF noted (16) that it is unclear whether the survival estimates provided are applicable to this request. The Commission notes that Member States have committed in the joint recommendation to carrying out further research to observe the survival of discarded turbot and to provide more detailed information on survivability in a new scientific project, ongoing until the end of 2021. Therefore, this exemption should be maintained until 31 December 2022. Member States should submit annual reports on the progress of the ongoing work by 1 May every year.

(21)

Delegated Regulation (EU) 2019/2238 included a survivability exemption for skates and rays caught with all fishing gears in ICES divisions 2a and 3a, and ICES subarea 4. The Member States requested that the exemption be continued and submitted new scientific information. The STECF concluded (17) that significant efforts have been made in addressing data gaps to meet the objectives of the roadmap. That exemption should therefore be maintained. However, improvements in data collection are required. Member States having a direct management interest should submit additional scientific information by 1 May each year, in particular for cuckoo ray that were found to have a lower survival rate. The Commission notes that following STECF’s request, Member States have committed in the joint recommendation to report on the agreed roadmap, including for cuckoo ray.

(22)

Commission Delegated Regulation (EU) No 1395/2014 (18) included a survivability exemption for mackerel and herring caught with purse seines under certain conditions following a positive STECF evaluation (19). The studies found that survival rates depend on the crowding time and the density of fish within the net, which are typically limited in these fisheries. The Member States requested that the exemption be continued. Considering that the circumstances have not changed, the exemption should be maintained. Member States having a direct management interest should submit updated data on the fishery not later than 1 May 2022.

(23)

Delegated Regulation (EU) 2019/2238 included de minimis exemptions for:

(24)

Member States requested that the exemption be continued. The STECF reviewed that evidence in previous years and concluded (20) (21) (22) 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 the de 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.

(25)

Delegated Regulation (EU) 2019/2238 included a de minimis exemption for whiting and cod caught with bottom trawls in ICES division 4c. Member States requested that the exemption be continued. The STECF reviewed this exemption in previous years (23) and the exemption was granted on the grounds that selectivity was difficult to improve. However, given the current status of cod (24), the STECF noted in its report 20-04 that Member States should take measures to reduce the level of unwanted catches. The exemption should therefore be granted for one year and Member States with an interest in this fishery should submit not later than 1 May 2021 additional information on catch composition for the assessment by the STECF.

(26)

Delegated Regulation (EU) 2019/2238 included a de minimis exemption for whiting and cod below the MCRS caught with bottom trawls or seines in ICES subareas 4a and 4b. Member States requested that the exemption be continued and provided new evidence. The STECF reviewed the evidence submitted by the Member States and noted that a new study is ongoing but that improvements in the evidence provided are still needed. Given the current status of cod (25), the STECF noted in its report 20-04 that Member States should take measures to reduce the level of unwanted catches. The exemption should therefore be granted for two years and only for whiting at a reduced percentage.

(27)

Delegated Regulation (EU) 2019/2238 included a de minimis exemption for whiting below the minimum conservation reference size caught by vessels using beam trawls with mesh size 80 to 119 mm in ICES subarea 4. Member States requested that the exemption be continued and provided new evidence. The STECF noted (26) that there is evidence on increased costs. Member States pointed to a potential choke risk for this fishery, as well as to ongoing studies on the uptake of selectivity measures that should provide useful information about this exemption. However, STECF observed that the information provided is limited and only covers the Dutch fleet. The exemption should therefore be granted for one year. Member States should submit further evidence on disproportionate costs and improvements on selectivity by 1 May 2021.

(28)

Delegated Regulation (EU) No 1395/2014 included a de minimis exemption for mackerel, horse mackerel, herring and whiting caught with trawlers up to 25 meters in length overall using mid-water trawls in ICES subareas 4b and 4c South of 54 degrees North. Member States requested that the exemption be continued and provided new evidence. The STECF concluded (27) that it is reasonable to assume that achieving additional selectivity improvements would be difficult and that the costs for sorting catches would be high given the nature of the fisheries involved. However, STECF observed that limited new information is provided Member States should provide further quantitative evidence supporting the de minimis exemption. The exemption should therefore be granted for two years. Member States should submit additional information for assessment by the STECF not later than 1 May 2022.

(29)

Delegated Regulation (EU) 2019/2238 granted a de minimis exemption for a combined quantity of sprat, sandeel, Norway pout and blue whiting in demersal fisheries with trawls in ICES division 3a and ICES subarea 4. Member States requested that the exemption be continued and provided new evidence. The STECF concluded (28) that it is reasonable to assume that achieving additional selectivity improvements would be difficult and that the costs for sorting catches would be high given the nature of the fisheries involved. However, STECF noted that further quantitative data was needed to support the exemption. The exemption should therefore be granted for two years. Member States should provide updated scientific data and appropriate supporting information by 1 May 2022.

(30)

Delegated Regulation (EU) 2019/2238 granted a de minimis exemption for ling caught with longlines in ICES subarea 4. Member States requested that the exemption be continued and provided new evidence. The STECF reviewed the information submitted by the Member States and concluded (29) that although the information presented is limited, the arguments regarding difficulties in improving selectivity are credible. The exemption should therefore be granted for two years. Member States should present additional information underpinning this exemption by 1 May 2022.

(31)

Delegated Regulation (EU) 2019/2238 granted de minimis exemptions for mackerel and horse mackerel caught with bottom trawls with a mesh size between 80-99 mm in ICES subarea 4. Member States requested that the exemption be continued and provided new evidence. The STECF reviewed the evidence submitted by the Member States and concluded (30) that there is evidence of increased costs associated with handling and storing unwanted catches but that the information provided was limited to certain areas and fleets. The exemption should therefore be granted for two years and it should apply to those areas and fleets. Member States should present additional information underpinning this exemption by 1 May 2022.

(32)

The joint recommendation included a new de minimis exemption for blue whiting in the industrial pelagic trawler fishery. The STECF analysed the evidence provided by the Member States and concluded (31) that the information supporting the arguments of selectivity being difficult to achieve and disproportionate costs of handling unwanted catches was limited. However, STECF observed that achieving additional selectivity improvements would be difficult given the technical and sanitary specificities of the factory trawler involved. The exemption should be granted for two years to align to other sea basins and to allow Member States sufficient time to clarify the discrepancies in the data, as identified by the STECF. Member States should present additional information by 1 May 2022.

(33)

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.

(34)

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.

(35)

Pursuant 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.

(36)

Delegated Regulation (EU) 2019/2238 should be repealed and replaced by a new Regulation. However, Articles 11 and 12 of Delegated Regulation (EU) 2019/2238 provide for technical measures to increase gear selectivity and reduce unwanted catches in the Skagerrak, and to permit the use of SepNep nets. Those measures should remain applicable until the end of 2021, as initially provided for in Delegated Regulation (EU) 2019/2238, or until a new Delegated act to be adopted pursuant to Regulation (EU) 2019/1241 of the European Parliament and of the Council (32) provides for those technical measures.

(37)

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 upon publication. It should apply from 1 January 2021,

(1)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (2) 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)

Regulation (EU) 2019/472 establishes 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 that 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 Regulation (EU) No 1380/2013, on the basis of joint recommendations developed by Member States.

(5)

Commission Delegated Regulation (EU) 2019/2239 (3) specifies details of the implementation of the landing obligation for certain demersal fisheries in the North-Western waters for the period 2020-2021, following a joint recommendation submitted by Belgium, Spain, France, Ireland, the Netherlands and the United Kingdom (4) which have a direct fisheries management interest in the North-Western waters.

(6)

Belgium, Spain, France, Ireland and the Netherlands, after consulting the North- Western Waters Advisory Council and the Pelagic Advisory Council, submitted on 5 May 2020 a joint recommendation to the Commission concerning a discard plan for certain fisheries in the North-Western Waters for the period 2021-2023. The Member States reviewed the joint recommendation on 29 July 2020.

(7)

Commission Delegated Regulation (EU) 2019/2237 (5) specifies details of the implementation of the landing obligation for certain demersal fisheries in the South-Western waters for the period 2020-2021, following a joint recommendation submitted by Belgium, Spain, France, the Netherlands and Portugal which have a direct fisheries management interest in the South-Western waters.

(8)

Belgium, Spain, France, the Netherlands and Portugal, after consulting the South Western Waters Advisory Council and the Pelagic Advisory Council on 24 April 2020, submitted on 5 May 2020 a joint recommendation to the Commission concerning a discard plan for certain fisheries in the South-Western Waters for the period 2021-2023. The Member States reviewed the joint recommendation on 16 July 2020.

(9)

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 to an expert group consisting of representatives of the Member States on 28 July 2020 in a meeting attended by the European Parliament as an observer.

(10)

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, new evidence has been submitted but STECF has considered that improvements in the information provided are required. In those cases, it is approriate to grant exemptions on a temporary basis. By continuing fishing activities, data collection will improve and STECF considerations will be addressed.

(11)

The regional groups of Member States have based most of their de minimis exemption requests on a potential increase in costs as a consequence of handling unwanted catches. The information provided by the Member States in this regard has improved. However, STECF notes that improving data collection is still needed and that improving selectivity should be the priority to reduce the level of unwanted catches. Therefore, in such cases the exemptions should be granted on a case-by-case basis for 1 or 2 years. Member States should provide additional data resulting from trials and scientific studies that are ongoing.

(12)

The following high survivability exemptions to the landing obligation should apply to the North-Western Waters.

(13)

Delegated Regulation (EU) 2019/2239 included a survivability exemption, as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013, for Norway lobster caught with pots, traps or creels in International Council for the Exploration of the Sea (‘ICES’) subareas 6 and 7. Member States requested that the exemption be continued. The STECF evaluated the evidence submitted by the Member States in previous years and concluded (7) that the exemption is justified. Considering that the circumstances have not changed, that exemption should be maintained.

(14)

Delegated Regulation (EU) 2019/2239 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 to 99 mm in combination with selective gear options (TRI and TR2 fisheries) in ICES subarea 7. The Member States requested that the exemption be continued. The STECF reviewed in previous years the evidence provided by the Member States and concluded (8) 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. Considering that the circumstances have not changed, that exemption should therefore be maintained with gear specificities for the Celtic Sea Protection Zone and the Irish Sea.

(15)

Delegated Regulation (EU) 2019/2239 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 to 110 mm in combination with selective gear options. The Member States requested that the exemption be continued. The STECF analysed the evidence submitted by the Member States in previous years and concluded (9) that the survivability study is robust and indicates a relatively high survival rate. Considering that the circumstances have not changed, that exemption should be maintained.

(16)

Delegated Regulation (EU) 2019/2239 included a survivability exemption for common sole below the minimum conservation reference size (‘MCRS’) caught with 80 to 99 mm otter trawl gears in ICES division 7d within six nautical miles from the coast and outside identified nursery areas. The Member States requested that the exemption be continued. The STECF evaluated in previous years the evidence submitted by the Member States and concluded (10) that the evidence was sufficient. Considering that the circumstances have not changed, that exemption should therefore be maintained.

(17)

Delegated Regulation (EU) 2019/2239 granted a survivability exemption for skates and rays caught with any gear in ICES subareas 6 and 7. The Member States requested that the exemption be continued. The STECF analysed the new evidence submitted by the Member States and concluded (11) that survival varies across species and fisheries. The STECF noted that there are projects ongoing that should provide useful information about this exemption. This conclusion applies to cuckoo ray (Leucoraja naevus). STECF noted that the evidence indicated lower survival rates for cuckoo ray. Member States should submit additional scientific information resulting from these studies as soon as possible, but not later than 1 May every year.

(18)

Delegated Regulation (EU) 2019/2239 granted a survivability exemption 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 metres, fishing within 12 nautical miles of the coast and with tow durations of no more than ninety minutes, and by vessels using beam trawls with an engine power of more than 221 kW, using a flip-up rope or benthic release panel. The Member States requested that the exemption be continued. The STECF analysed the new evidence provided by the Member States and concluded (12) that the discard survival estimates are variable between trips and evidence was insufficient for ICES divisions 7h, 7j, and 7k. Under those circumstances, the exemption for plaice should be maintained only in ICES divisions 7a to 7g. The Member States concerned should submit evidence as soon as possible, but not later than 1 May every year. The Commission also notes that Member States committed in the joint recommendation to submit a timetable for the completion of the agreed roadmap with the next annual report by 1 May 2021.

(19)

Delegated Regulation (EU) 2019/2239 included a survivability exemption for plaice caught with trammel nets or otter trawls in ICES divisions 7d to 7g. The Member States requested that the exemption be continued. The STECF analysed the evidence submitted by the Member States in previous years and concluded (13) that the survivability study is robust and indicates a relatively high survival rate. Considering that the circumstances have not changed, that exemption should therefore be maintained.

(20)

Delegated Regulation (EU) 2019/2239 granted a survivability exemption for plaice caught with Danish seines in ICES division 7d. The Member States requested that the exemption be continued. The STECF analysed in previous years the evidence submitted by the Member States and concluded (14) that the data of the study on survival rates are reliable and give robust survival estimates for that fishery. Considering that the circumstances have not changed, that exemption should therefore be maintained.

(21)

Delegated Regulation (EU) 2019/2239 included a survivability exemption for species caught in pots, traps and creels in North-Western Waters (ICES subareas 5, 6 and 7). The Member States requested that the exemption be continued. Member States provided scientific evidence in order to demonstrate high discard survival rates for species caught in that fishery. The STECF analysed the evidence in previous years and concluded (15) that the survival of the species discarded from trap and pot fishing is likely to be substantial. Considering that the circumstances have not changed this exemption should therefore be maintained.

(22)

Commission Delegated Regulation (EU) No 1393/2014 (16) included a survivability exemption for mackerel and herring caught with purse seines under certain conditions in ICES subarea 6. The Member States requested that the exemption be continued. The STECF reviewed the supporting evidence in previous years and concluded (17) that survival rates depend on the crowding time and the density of fish within the net, which are typically limited in these fisheries. Assuming the results of the survival study are representative of survival rates under commercial fishing operations, the proportion of slipped mackerel surviving would likely be around 70 %. The densities would also be lower than the density where mortality of herring was observed to increase. Considering that the circumstances have not changed, this exemption should therefore be maintained in this Regulation.

(23)

Delegated Regulation (EU) No 1393/2014 included a survivability exemption for mackerel and herring caught in the ring net fishery targeting pelagic species not subject to quotas in ICES divisions 7e and 7f. The Member States requested that the exemption be continued. The STECF reviewed the evidence provided by the Member States in previous years and concluded (18) that the survival rates were likely to be similar to survival rates from purse seine fishery and the supporting evidence was similar to the evidence justifying other exemptions included in previous discard plans. Considering that the circumstances have not changed, the exemption should therefore be maintained.

(24)

The following high survivability exemptions from the landing obligation should apply to the South-Western Waters.

(25)

Delegated Regulation (EU) 2019/2237 included an exemption from the landing obligation for Norway lobster caught with bottom trawls in ICES subareas 8 and 9 and for red seabream caught with the artisanal gear ‘voracera’ in ICES division 9a. The Member States requested that the exemption be continued. The STECF evaluated the exemption on Norway lobster in the previous years and concluded (19) that the evidence was robust. For red seabream, the STECF concluded in previous assessments (20) that the studies represented reasonably sound scientific evidence for the survival of red seabream. Considering that the circumstances have not changed, these two exemptions should therefore be maintained.

(26)

Delegated Regulation (EU) 2019/2237 granted a survivability exemption for skates and rays caught with all gears in ICES subareas 8 and 9. The Member States requested that the exemption be continued and provided new evidence. The STECF concluded (21) that there was a significant effort in addressing data gaps, with several projects still ongoing. However, improvements in data collection are required. Member States with a direct management interest should submit as soon as possible, but not later than 1 May 2022, additional scientific evidence resulting from the ongoing projects. The exemption should therefore be maintained.

(27)

Delegated Regulation (EU) 2019/2237 granted an exemption for cuckoo ray caught with trammel nets in ICES subareas 8 and 9 and caught with bottom trawls in ICES subarea 8. The Member States requested that the exemption be continued and provided new evidence. The STECF analysed the evidence and noted (22) that there was a significant effort in addressing data gaps and that there are significant number of ongoing projects. However, improvements in data collection are required. Given that in the past survival rates for cuckoo ray revealed to be lower than for other skates and rays, the exemption should be maintained until 31 December 2022 for cuckoo ray caught by trammel nets in ICES subareas 8 and 9, and until 31 December 2021 for cuckoo ray caught with bottom trawls in ICES subarea 8. Member States should submit additional scientific information resulting from the ongoing projects as soon as possible.

(28)

Delegated Regulation (EU) 2019/2237 granted a survivability exemption for red seabream caught with the artisanal gear voracera in ICES division 9a and with hooks and lines in ICES subareas 8 and 10 and ICES division 9a. The Member States requested to continue this exemption and provided new evidence. However, improvements in data collection are required. The STECF noted (23) that several scientific projects on survivability planned for the period 2019-2020 were not performed due to constraints acquiring material. The exemption may be granted until 31 December 2022. Member States having a direct management interest should submit as soon as possible, but not later than by 1 May 2022 additional scientific information supporting the exemption.

(29)

Commission Delegated Regulation (EU) No 1394/2014 (24) included a high survivability exemption for anchovy, horse mackerel and mackerel in artisanal purse seine fisheries (PS), provided that the net is not fully taken on board. The Member States requested that the exemption be continued and provided new evidence. The STECF noted (25) that the evidence showed high survival rates for anchovy, horse mackerel and mackerel when the crowding time related to slipping procedure is estimated to be less than 5 minutes, which is the estimated crowding time under real fishing conditions. Therefore, the exemption should be maintained.

(30)

The following de minimis exemptions from the landing obligation should apply to the North-Western Waters.

(31)

Delegated Regulation (EU) 2019/2239 included de minimis exemptions from the landing obligation for certain fisheries. The Member States requested that the exemption be continued. The STECF reviewed in previous years the evidence provided by the Member States and concluded (26) that the arguments on disproportionate costs in handling unwanted catches were reasonable. Considering that the circumstances have not changed, it is appropriate to maintain the de minimis exemptions for:

(32)

Delegated Regulation (EU) 2019/2239 included a de minimis exemption for haddock caught by vessels using bottom trawls with a mesh size greater than or equal to 80 mm in ICES divisions 7b, 7c and 7e to 7k. The Member States requested that the exemption be continued. The STECF (27) reviewed the new evidence provided by the Member States and concluded that haddock is a high-risk choke species in this area. However, the STECF also noted that cod and whiting are heavily depleted in the Celtic Sea and advised to reduce the level of unwanted catches of these species. The exemption may therefore be granted for bottom trawls with a mesh size greater than or equal to 100 mm, seines and excluding beam trawls and the Norway lobster directed fisheries; for vessels targeting Norway lobster with a mesh size of at least 80 mm for the Norway lobster directed fishing; and for beam trawls with a mesh size greater or equal to 80 mm with a Flemish panel. This exemption should be maintained until 31 December 2022.

(33)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for demersal mixed fishery made by vessels targeting brown shrimp and using beam trawls in ICES division 7a. The Member States requested that the exemption be continued. The STECF reviewed in previous years the evidence submitted by the Member States and concluded (28) that the exemption for this fishery is well documented in the North Sea and it is likely that the North Sea fishery is representative of the Irish Sea fishery. Considering that the circumstances have not changed, the exemption should be maintained.

(34)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for boarfish caught by vessels using bottom trawls in ICES divisions 7b, 7c and 7f to k. The Member States requested that the exemption be continued. The STECF reviewed the new data submitted by the Member States and concluded (29) that there is evidence of increased costs associated with handling and storing unwanted catches in the relevant fisheries. However, improving selectivity should be the priority. The exemption should be maintained until 31 December 2022. The Member States concerned should present as soon as possible, and not later than by May 2022 additional evidence supporting this exemption.

(35)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for megrim below minimum conservation reference size caught by vessels using beam trawls with a mesh size of 80 to 119 mm in ICES subarea 7and using bottom trawls under specific conditions. The Member States requested that the exemption be continued. The STECF analysed the new data provided by the Member States and concluded (30) that there are indications of additional costs of handling unwanted catches. The exemption should be maintained for two years with additional specifications to allow for additional data collection. The Member States concerned should present as soon as possible, and not later than May 2021 additional evidence supporting this exemption.

(36)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for common sole caught by vessels using beam trawls with a mesh size of 80 to 119 mm with increased selectivity (Flemish panel) in ICES divisions 7a, 7j and 7k. The Member States requested that the exemption be continued. The STECF analysed the new evidence submitted by the Member States and concluded (31) that additional technical specifications concerning the fishing gears were needed. The exemption should be maintained for two years but only for ICES division 7a and Member States should submit as soon as possible, and not later than by 1 May 2022 the evidence supporting the exemption.

(37)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for greater silver smelt caught by vessels using bottom trawls with a mesh size equal to or greater than 100 mm in ICES division 5b and ICES subarea 6. The Member States requested that the exemption be continued. The STECF analysed the new evidence submitted by the Member States and concluded (32) that there is evidence of increased costs associated with handling and storing unwanted catches. The exemption should be maintained for two years and Member States should submit as soon as possible, but not later than 1 May 2022, additional evidence supporting this exemption.

(38)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for mackerel and horse mackerel caught in demersal mixed fisheries by vessels using bottom trawls, seines and beam trawls in ICES subarea 6 and ICES divisions 7b to 7k. The Member States requested that the exemption be continued. The STECF analysed the evidence submitted by the Member States and concluded that there is evidence of increased costs associated with handling unwanted catches, as concluded in previous evaluations. Considering that the circumstances have not changed, the exemption should be maintained for two years and Member States should submit as soon as possible, and not later than 1 May 2022, additional evidence supporting the exemption.

(39)

Delegated Regulation (EU) 2019/2239 granted a de minimis exemption for haddock below minimum conservation reference size caught by vessels using bottom trawls with a mesh size up to 119 mm in the West of Scotland Norway lobster fishery in ICES division 6a. The Member States requested that the exemption be continued. The STECF analysed the evidence submitted by the Member States and noted (33) that the conclusions of the STECF report 19-08 were still valid and the arguments of disproportionate costs seem reasonable. Given the current level of unwanted catches in this fishery, the exemption should be maintained but only for vessels that use the highly selective gears.

(40)

Delegated Regulation (EU) No 1393/2014 granted de minimis exemptions for the following pelagic fisheries:

(41)

The Member States requested to continue the de minimis exemption for blue whiting (Micromesistius poutassou) in the industrial pelagic trawler fishery targeting that species in ICES divisions 5b, 6, and 7 and processing that species on board to obtain surimi base. The STECF analysed positively this exemption in previous years (34) and it was granted on the basis of difficulties to improve selectivity. Considering that the circumstances of the fishery have not changed, the exemptions should be maintained. The Member States should provide by 1 May 2023 evidence on fishing patterns.

(42)

The Member States requested to continue the de minimis exemption for albacore tuna (Thunnus alalunga) in the albacore tuna directed fisheries using midwater pair trawls (PTM) in ICES subarea 7. The STECF analysed the evidence submitted by the Member States on disproportionate costs of storage and handling unwanted catches in previous years and concluded (35) that the request is related to the loss of marketable catches. The Member States argued costs of storage and handling at sea and on shore. Considering that the circumstances of the fishery have not changed, the exemptions should be maintained. The Member States should provide by 1 May 2023 evidence on fishing patterns.

(43)

The Member States requested to continue the de minimis exemption for mackerel, horse mackerel, herring and whiting caught by pelagic trawlers up to 25 metres in length overall using midwater trawls in ICES division 7d. The STECF analised the evidence submitted by Member States in previous years and concluded (36) that reasoned qualitative arguments supported the exemption on the grounds of disproportionate costs. Considering that the circumstances of the fishery have not changed, the exemptions should be maintained. The Member States should provide by 1 May 2023 evidence on fishing patterns.

(44)

The following de minimis exemptions from the landing obligation should apply to the South-Western Waters.

(45)

Delegated Regulation (EU) 2019/2237 included a de minimis exemption for:

(46)

Delegated Regulation (EU) 2019/2237 included a de minimis exemption for hake caught with trawls and seines in ICES subareas 8 and 9. The Member States requested that the exemption be continued. The STECF reviewed the new evidence submitted by the Member States in 2020. STECF concluded (37) that the analysis on additional costs as a consequence of handling unwanted catches are tailored to the fleets targeting hake and that the results indicate that there will be an increase in handling and sorting time of unwanted catches. The evidence is comprehensive and sufficient to support the exemption and it should be maintained. The exemption should also be granted for hake and common sole caught by vessels using pair trawls and otter trawls (OTM, PTM).

(47)

Delegated Regulation (EU) 2019/2237 included a de minimis exemption 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 Member States requested that the exemptions be continued. The STECF reviewed the evidence submitted by the Member States in previous years and concluded (38) 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, these de minimis exemptions should be maintained. The exemption should also be granted for common sole caught by vessels using pair trawls and otter trawls (OTM, PTM).

(48)

Delegated Regulation (EU) 2019/2237 included a de minimis exemption for alfonsinos caught with hooks and lines in ICES subarea 10. The Member States requested that the exemption be continued. The STECF reviewed the evidence submitted by the Member States in previous years and concluded (39) 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, that exemption should be maintained.

(49)

Delegated Regulation (EU) 2019/2237 included a de minimis exemption for:

(50)

Delegated Regulation (EU) 2018/2033 included a de minimis exemption for:

(51)

The Member States requested that these exemptions be continued and that it be granted for anglerfish caught with pelagic trawls. The Member States provided a detailed economic analysis on disproportionate costs of unwanted catches that was evaluated by STECF (40). The STECF concluded that although the study is detailed and extensive, the STECF could not fully evaluate its methodology during the written procedure. Given the information provided by the Member States and that the STECF could not assess the methodology of the study, those exemptions should be included in this Regulation. Member States should provide as soon as possible, but not later than 1 May every year additional data supporting the exemption.

(52)

Delegated Regulation (EU) 2019/2237 included a de minimis exemption for:

(53)

The Member States requested that these exemptions be continued for whiting caught with trawls and seines in ICES subarea 8, and be granted for whiting caught with pelagic trawls. Member States provided new evidence. The STECF concluded (41) that that there are indications that improving selectivity is difficult in mixed demersal fisheries in which whiting are caught without significant losses of other marketable catch and that new studies are ongoing. The exemption should be granted for two years. The Member States concerned should provide additional scientific information resulting from the ongoing studies as soon as possible and not later than 1 May every year.

(54)

The Member States requested to continue the de minimis exemption for whiting caught with gillnets in ICES subarea 8 and provided new evidence. The STECF concluded (42) that improving selectivity in gillnet fisheries is difficult to achieve. However, improvements in the information provided on disproportionate costs are required. The exemption should be granted for two years and the Member States concerned should provide additional data as soon as possible, but not later than 1 May every year.

(55)

Delegated Regulation (EU) No 1394/2014 included de minimis exemptions for:

(56)

The Member States requested that the exemptions be continued with regard to pelagic fisheries. Delegated Regulation (EU) No 1394/2014 provided for these exemptions following a positive STECF assessment in previous years (43) and the exemptions were granted on the basis of difficulties encountered in improving selectivity for blue whiting, horse mackerel and mackerel; and high costs of handling unwanted catches in the case of albacore and anchovy. Considering that the circumstances have not changed, the exemption should therefore be maintained.

(57)

Following the new joint recommendations, it is appropriate to repeal Delegated Regulation (EU) 2019/2239 and Delegated Regulations (EU) 2019/2237 and to replace them with a new Regulation.

(58)

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 upon publication. It should apply from 1 January 2021,

(1)

Regulation (EU) No 576/2013 lays down the animal health requirements applicable to the non-commercial movement of pet animals into a Member State. In particular, Article 13 of that Regulation provides that the Commission is to adopt two lists of territories and third countries from which the pet animals listed in Part A of Annex I thereto, namely dogs, cats and ferrets, may be moved for non-commercial purposes into a Member State.

(2)

The conditions applicable to the non-commercial movement of pet animals into a Member State vary depending on the situation of the territory or the third country of origin. Taking into account their particular situation, the third countries or territories may be listed in accordance with Article 13(1) or (2) of Regulation (EU) No 576/2013.

(3)

Part 2 of Annex II to Commission Implementing Regulation (EU) No 577/2013 (2) sets out the list of territories and third countries referred to in Article 13(2) of Regulation (EU) No 576/2013.

(4)

In view of the end of the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Withdrawal Agreement) on 31 December 2020, the United Kingdom has submitted an application to the Commission to be listed, together with the Crown Dependencies of Guernsey, the Isle of Man and Jersey, in Annex II to Implementing Regulation (EU) No 577/2013. The Commission has assessed that application and verified that, as regards the pet animals listed in Part A of Annex I to Regulation (EU) No 576/2013, the United Kingdom, as well as the Crown Dependencies of Guernsey, the Isle of Man and Jersey fulfil the criteria laid down in in Article 13(2) of Regulation (EU) No 576/2013, and accordingly should be listed in Part 2 of Annex II to Implementing Regulation (EU) No 577/2013, without prejudice to the application of Union law to and in the United Kingdom in respect of Northern Ireland in accordance with Article 5(4) of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement in conjunction with Annex 2 to that Protocol.

(5)

Part 2 of Annex II to Implementing Regulation (EU) No 577/2013 should therefore be amended accordingly.

(6)

As the transitional period provided for in the Withdrawal Agreement ends on 31 December 2020, this Regulation should apply from 1 January 2021.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

Commission Delegated Regulation (EU) 2018/772 (2) lays down rules for the application of preventive health measures for the control of Echinococcus multilocularis infection in dogs intended for non-commercial movement into the territory or parts of the territory of certain Member States. More particularly, Article 2 of that Delegated Regulation lays down the rules for the categorisation of Member States, or parts thereof, with regard to Echinococcus multilocularis infection, and establishes the conditions that Member States must fulfil in order to remain eligible to apply those preventive health measures.

(2)

Commission Implementing Regulation (EU) 2018/878 (3) lists the Member States or part of the territories of Member States that comply with the rules for categorisation with regard to Echinococcus multilocularis laid down in Delegated Regulation (EU) 2018/772. The list of Member States or parts of the territory of Member States that comply with the rules for categorisation laid down in Article 2(3) of Delegated Regulation (EU) 2018/772 is set out in Part 2 of the Annex to Implementing Regulation (EU) 2018/878.

(3)

In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Withdrawal Agreement), and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, Regulation (EU) No 576/2013, as well as the Commission acts based on it, applies to and in the United Kingdom in respect of Northern Ireland after the end of the transitional period.

(4)

The whole of the territory of the United Kingdom is currently listed in Part 2 of the Annex to Implementing Regulation (EU) 2018/878. Accordingly, it is necessary to amend Part 2 of that Annex by replacing the entry referring to the United Kingdom by an entry referring to the United Kingdom in respect of Northern Ireland.

(5)

As the transitional period provided for in the Withdrawal Agreement ends on 31 December 2020, this Regulation should apply from 1 January 2021.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the application from Italy to register the name ‘Mozzarella di Gioia del Colle’ as protected designation of origin (PDO) was published in the Official Journal of the European Union (2).

(2)

On 19 December 2019 the Commission received the notice of opposition and the related reasoned statement of opposition from Germany. The Commission forwarded the notice of opposition and the reasoned statement of opposition sent by Germany to Italy on 13 January 2020.

(3)

The Commission examined the opposition sent by Germany and found it admissible. The word ‘Mozzarella’, which forms part of the name ‘Mozzarella di Gioia del Colle’ is identical to the name which is used in Germany for a type of cheese that is produced and marketed in Germany on a commercial scale. The opposition claims that the name ‘Mozzarella di Gioia del Colle’ cannot be registered as a protected designation of origin under Regulation (EU) No 1151/2012 because it does not meet the requirements of that Regulation as the name ‘Mozzarella’ is deemed generic and accordingly ineligible for registration. The opposition claims that the application for registration of ‘Mozzarella di Gioia del Colle’ does not comply with the condition referred to in Article 5 and 7(1) of Regulation (EU) No 1151/2012 since neither the quality nor the characteristics of the cheese are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors. The opposition claims also that the registration of the proposed name ‘Mozzarella di Gioia del Colle’ would jeopardise the existence of the identical name (‘Mozzarella’) and the existence of products which have been legally on the German market for at least five years preceding the date of publication of the application for registration of the name ‘Mozzarella di Gioia del Colle’. Furthermore, the opposition claims that this application for registration is in contradiction with the registration of the name ‘Mozzarella’ as Traditional Specialty Guaranteed without reservation of the name (Regulation (EC) No 2527/98).

(4)

By letter of 12 February 2020 the Commission invited the interested parties to engage in appropriate consultations to seek agreement among themselves in accordance with their internal procedures.

(5)

Because of an administrative error the Commission’s letter of 12 February 2020 was however not received by the parties. Germany formally received the invitation to engage in appropriate consultations to seek agreement on 14 October 2020. Italy formally received it on 26 October 2020.

(6)

Although there have been exchanges and a substantial understanding on the registration of the name ‘Mozzarella di Gioia del Colle’ already in March 2020, the parties reached a formal agreement only in November 2020. The agreement has been communicated to the Commission by Italy on 9 November 2020.

(7)

Italy and Germany confirmed that the protection of the designation ‘Mozzarella di Gioia del Colle’ should not cover the stand-alone name ‘Mozzarella’ but only the compound name ‘Mozzarella di Gioia del Colle’ as a whole. By applying for the registration of the name ‘Mozzarella di Gioia del Colle’ Italy did not aim at reserving the use of the term ‘Mozzarella’.

(8)

Furthermore, they agreed that the term ‘Mozzarella’ in the product specification and in the single document should be always followed by the terms ‘di Gioia del Colle’ in order to signify that the protection is referred only to that compound name. The product specification and the single document have been amended accordingly.

(9)

As it complies with the provisions of Regulation (EU) No 1151/2012 and EU legislation, the content of the agreement concluded between Italy and Germany should be taken into account.

(10)

Italy and Germany have also proposed that this Regulation should include a footnote explaining that the protection of the name ‘Mozzarella’ is not sought. However, for the sake of clarity and legal certainty, the statement on the status of protection of a specific term should be moved directly in the operative part of this Regulation.

(11)

Following the expressed clarification in an Article of this Regulation of the status of the term ‘Mozzarella’, the claim based on the inconsistency of this application with the registration of the term ‘Mozzarella’ as Traditional Specialty Guaranteed without reservation of the name becomes void.

(12)

On 17 January 2020 the Commission received the notice of opposition from the Consortium for Common Food Names (CCFN) and the U.S. Dairy Export Council (USDEC). The Commission forwarded the notice of opposition to Italy on 21 January 2020. On 17 March 2020, the Commission received the reasoned statement of opposition, within the prescribed deadline.

(13)

The Commission examined the opposition sent by the Consortium for Common Food Names (CCFN) and the U.S. Dairy Export Council (USDEC) and found it admissible. The term ‘Mozzarella’, which forms part of the name ‘Mozzarella di Gioia del Colle’ is identical to the term which is used for a type of cheese for which there is an active Codex Alimentarius Standard (Codex Stan 262-2006). The opposition claims that the name ‘Mozzarella di Gioia del Colle’ cannot be registered as a protected designation of origin under Regulation (EU) No 1151/2012 because the name ‘Mozzarella’ is a generic term and the application does not include an assurance that protection is not sought for that term and that this generic term will remain in free usage. In addition, the CCFN and the USDEC raised concerns on the procedure carried out at Member State level in relation to the alleged change of the name of the product, so claiming a breach of the conditions laid down in Article 5 and 7(1) of Regulation (EU) No 1151/2012.

(14)

By letter of 8 April 2020 the Commission invited the interested parties to engage in appropriate consultations to seek agreement among themselves in accordance with their internal procedures.

(15)

Italy and the Consortium for Common Food Names (CCFN) and the U.S. Dairy Export Council (USDEC) confirmed that the designation ‘Mozzarella di Gioia del Colle’ should be protected as a whole, whereas the stand-alone name ‘Mozzarella’ may continue to be used in labelling or presentations within the territory of the Union provided the principles and rules applicable in its legal order are respected.

(16)

However, the Consortium for Common Food Names (CCFN) and the U.S. Dairy Export Council (USDEC) did not give their final consent for the reason that Italy did not give them access to the documents of the national procedure and that it did not engage in confirming the free status of the name ‘Mozzarella’ for future requests of protection of the name ‘Mozzarella di Gioia del Colle’ outside the EU.

(17)

As it complies with the provisions of Regulation (EU) No 1151/2012 and EU legislation, the content of the partial agreement concluded between Italy and the Consortium for Common Food Names (CCFN) and the U.S. Dairy Export Council (USDEC) should be taken into account.

(18)

For the rest, the Commission has verified that the procedure carried out at Member State level concerned the applied name and that that name has been in use in trade and in common language to describe the specific product, in compliance with Article 7(1) of Regulation (EU) No 1151/2012.

(19)

The possible future applications of the Protected Designation of Origin ‘Mozzarella di Gioia del Colle’ outside the EU remains outside the scope of Regulation (EU) No 1151/2012.

(20)

The protection is not sought for the term ‘Mozzarella’ as such.

(21)

Therefore, the designation of origin ‘Mozzarella di Gioia del Colle’ (PDO) should be protected as a whole, whereas the term ‘Mozzarella’ should be allowed to continue to be used within the territory of the Union provided the principles and rules applicable in its legal order respected. The consolidated version of the single document should be published for information.

(22)

The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,

(1)

Commission Implementing Decision 2014/709/EU (4) lays down animal health control measures in relation to African swine fever in certain Member States, where there have been confirmed cases of that disease in domestic or feral pigs (the Member States concerned). The Annex to that Implementing Decision demarcates and lists certain areas of the Member States concerned in Parts I to IV thereof, differentiated by the level of risk based on the epidemiological situation as regards that disease. The Annex to Implementing Decision 2014/709/EU has been amended several times to take account of changes in the epidemiological situation in the Union as regards African swine fever that need to be reflected in that Annex. The Annex to Implementing Decision 2014/709/EU was last amended by Commission Implementing Decision (EU) 2020/1780 (5), following changes in the epidemiological situation as regards that disease in Lithuania and Slovakia.

(2)

Since the date of adoption of Implementing Decision (EU) 2020/1780, there have been new occurrences of African swine fever in domestic pigs in Romania, and in feral pigs in Poland.

(3)

In December 2020, several outbreaks of African swine fever in domestic pigs were observed in the county of Bistriţa-Năsăud in Romania in an area currently listed in Part II of the Annex to Implementing Decision 2014/709/EU. These outbreaks of African swine fever in domestic pigs constitute an increased level of risk, which should be reflected in that Annex. Accordingly, this area of Romania currently listed in Part II of that Annex affected by these recent outbreaks of African swine fever, should now be listed in Part III of that Annex instead of in Part II thereof.

(4)

In December 2020, one case of African swine fever in a feral pig was observed in the district of iławski in Poland in an area currently listed in Part I of the Annex to Implementing Decision 2014/709/EU. This case of African swine fever in a feral pig constitutes an increased level of risk, which should be reflected in that Annex. Accordingly, this area of Poland currently listed in Part I of the Annex to Implementing Decision 2014/709/EU, affected by this recent case of African swine fever, should now be listed in Part II of that Annex instead of in Part I thereof, and the current boundaries of Part I also need to be redefined and enlarged to take account of this recent case.

(5)

In addition, in December 2020 one case of African swine fever in a feral pig was observed in the district of grójecki in Poland in an area listed in Part II of the Annex to Implementing Decision 2014/709/EU, located in close proximity to an area currently listed in Part I thereof. This new case of African swine fever in a feral pig constitutes an increased level of risk, which should be reflected in that Annex. Accordingly, this area of Poland currently listed in Part I of that Annex, that is in close proximity to an area listed in Part II affected by this recent case of African swine fever, should now be listed in Part II of that Annex instead of in Part I thereof and the current boundaries of Part I also need to be redefined and enlarged to take account of this recent case.

(6)

Following the recent outbreaks of African swine fever in domestic pigs in Romania and the recent cases of African swine fever in feral pigs in Poland and taking into account the current epidemiological situation in the Union, regionalisation in these Member States has been reassessed and updated. In addition, the risk management measures in place have also been reassessed and updated. These changes need to be reflected in the Annex to Implementing Decision 2014/709/EU.

(7)

In order to take account of recent developments in the epidemiological situation of African swine fever in the Union, and in order to combat the risks associated with the spread of that disease in a proactive manner, a new high-risk area of a sufficient size should be demarcated for Romania and duly listed in Part III of the Annex to Implementing Decision 2014/709/EU. In addition new high-risk areas of a sufficient size should be demarcated for Poland and duly listed in Parts I and II of the Annex to Implementing Decision 2014/709/EU.

(8)

Given the urgency of the epidemiological situation in the Union as regards the spread of African swine fever, it is important that the amendments made to the Annex to Implementing Decision 2014/709/EU by this Decision take effect as soon as possible.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,