Commission Delegated Regulation (EU) No 1395/2014Show full title

Article 1 U.K. Subject matter

[F1 (1)] This Regulation specifies the details for implementing the landing obligation, provided for in Article 15(1) of Regulation (EU) No 1380/2013, from 1 January 2015 [F2 and applies to waters within ICES division 2a and subarea 4 that are within United Kingdom waters], in the fisheries set out in the Annex to this Regulation.

[F3 (2) In paragraph 1, “United Kingdom waters” has the meaning it has in Regulation (EU) No 1380/2013.]

Textual Amendments

F1 Art. 1 renumbered as Art. 1(1) (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 5(2)(a) (with Sch. 4 para. 31)

F2 Words in Art. 1(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 5(2)(b) (with Sch. 4 para. 31)

F3 Art. 1(2) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 5(2)(c) (with Sch. 4 para. 31)

Article 2 U.K. Survivability exemption

1. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the landing obligation shall not apply to catches of mackerel and herring in the purse seine fisheries, if all of the following conditions are met:

• the catch is released before a certain percentage (set out in paragraphs 2 and 3 below) of the purse seine is closed (‘the point of retrieval’),

• the purse seine gear is fitted with a visible buoy clearly marking the limit for the point of retrieval,

• the vessel and the purse seine gear are equipped with an electronic recording and documenting system when, where and extent to which the purse seine has been hauled for all fishing operations.

2. The point of retrieval shall be 80 % closure of the purse seine in fisheries for mackerel and it shall be 90 % closure of the purse seine in fisheries for herring.

3. If the surrounded school consists of a mixture of both species the point of retrieval shall be 80 % closure of the purse seine.

4. It shall be prohibited to release catches of mackerel and herring after the point of retrieval.

5. The surrounded school of fish shall be sampled before its release to estimate the species composition, the fish size composition and the quantity.

Article 3 U.K. [F4 De minimis exemption in the years 2015 and 2016]

By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, up to a maximum of 3 % in 2015 and 2 % for 2016 of the total annual catches of mackerel, horse mackerel, herring and whiting in the pelagic fishery with pelagic trawlers up to 25 metres in length overall, using mid-water trawl (OTM), targeting mackerel, horse mackerel and herring in ICES areas IV b and c south of 54 degrees north, may be discarded.

Textual Amendments

F4 Substituted by Commission Delegated Regulation (EU) 2018/189 of 23 November 2017 amending Delegated Regulation (EU) No 1395/2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea.

[F5 Article 3a U.K. De minimis exemption in the years 2018, 2019 [F6 , 2020 and 2021]

By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, up to a maximum of 1 % of the total annual catches of mackerel, horse mackerel, herring and whiting in the pelagic fishery carried out by pelagic trawlers up to 25 metres in length overall, using mid-water trawls (OTM/PTM), and targeting mackerel, horse mackerel and herring in ICES divisions IVb and c south of 54 degrees north, may be discarded in 2018, 2019 [F7 , 2020 and 2021].]

Textual Amendments

F5 Inserted by Commission Delegated Regulation (EU) 2018/189 of 23 November 2017 amending Delegated Regulation (EU) No 1395/2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea.

F6 Words in Art. 3a heading substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 5(3)(a) (with Sch. 4 para. 31)

F7 Words in Art. 3a substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 5(3)(b) (with Sch. 4 para. 31)

Article 4 U.K. Documentation of catches under the exemptions

1. Quantities of fish released under the exemption provided for in Article 2 and the results of the sampling required under Article 2(5) shall be reported in the logbook.

2. Quantities of fish discarded under the exemption provided for in Article 3 shall be reported in the logbook.

F8 Article 4a U.K. Technical measures for sprat fisheries in an area along the Danish North Sea coast

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Textual Amendments

F8 Art. 4a revoked (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 5(4) (with Sch. 4 para. 31)

[F9 Article 5 U.K. Expiry

This regulation ceases to have effect at the end of 31 December 2021.]

Textual Amendments

F9 Art. 5 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 5(5) (with Sch. 4 para. 31)

This Regulation shall be binding in its entirety and directly applicable in all Member States.