Commission Delegated Regulation (EU) 2015/2438 (repealed)Show full title

Commission Delegated Regulation (EU) 2015/2438

of 12 October 2015

establishing a discard plan for certain demersal fisheries in north-western waters (repealed)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC(1), and in particular Articles 15(6) and 18(1) and (3) thereof,

Whereas:

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

(2) Article 15(6) of Regulation (EU) No 1380/2013 empowers the Commission to adopt discard plans by means of a delegated act for a period of no more than three years on the basis of joint recommendations developed by Member States in consultation with the relevant Advisory Councils.

(3) Belgium, Ireland, Spain, France, the Netherlands and the United Kingdom have a direct fisheries management interest in the north-western waters. Those Member States have submitted a joint recommendation to the Commission after consultation of the North Western Waters Advisory Council. Scientific contribution was obtained from relevant scientific bodies and reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF). The measures included in the joint recommendation comply with Article 15(6) of Regulation (EU) No 1380/2013 and therefore, in accordance with Article 18(3) of that Regulation, they should be included in this Regulation.

(4) As regards the north-western waters, according to Article 15(1)(c) of Regulation (EU) No 1380/2013 the landing obligation should apply to the species that define the fisheries which are subject to catch limits at the latest from 1 January 2016. In accordance with the joint recommendation, the discard plan should cover fisheries which define the highly mixed cod, haddock, whiting and saithe fishery, Norway lobster (Nephrops) fishery, mixed common sole and plaice fishery, and hake fishery from 1 January 2016.

(5) The joint recommendation suggested that an exemption for landing obligation be applied to Norway lobster caught by pots, traps or creels in ICES division VIa and subarea VII, as scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem. STECF concluded that the exemption was grounded. Therefore, the exemption concerned should be included in this Regulation.

(6) The joint recommendation includes seven de minimis exemptions from the landing obligation for certain fisheries and up to certain levels. The evidence provided by the Member States was reviewed by the STECF, which in general concluded that the joint recommendation contained reasoned arguments that further improvements in the selectivity are difficult to achieve and/or regarding disproportionate costs in handling unwanted catches, supported in some cases with a qualitative assessment of the costs. In light of the above and in the absence of differing scientific information, it is appropriate to establish the de minimis exemptions in accordance with the percentage level proposed in the joint recommendation and at levels not exceeding those allowed under Article 15(1) of Regulation (EU) No 1380/2013.

(7) The de minimis exemption for common sole, up to a maximum of 3 % in 2016-2018 of the total annual catches of this species by vessels using trammel and gill nets to catch common sole in ICES divisions VIId, VIIe, VIIf and VIIg, is based on the fact that increases in selectivity are very difficult to achieve. STECF concluded that the exemption is well defined and therefore, the exemption concerned should be included in this Regulation.

(8) The de minimis exemption for whiting, up to a maximum of 7 % in 2016 and 2017 and up to a maximum of 6 % in 2018 of the total annual catches of this species by vessels using bottom trawls of less than 100 mm to catch whiting in ICES divisions VIId and VIIe, is based on the fact that increases in selectivity are very difficult to achieve. STECF concluded that sufficient evidence is provided to support the exemption, but that additional information should be sought to evaluate the de minimis volume. Therefore, this exemption can be included in the Regulation only with a provision asking the Member States concerned to submit further data to the Commission to allow STECF to fully assess the current discard level compared to the volume of the de minimis requested.

(9) The de minimis exemption for whiting, up to a maximum of 7 % in 2016 and 2017 and up to a maximum of 6 % in 2018 of the total annual catches of this species by vessels using bottom trawls of not less than 100 mm to catch whiting in ICES divisions VIIb-VIIj, is based on the fact that increases in selectivity are very difficult to achieve. STECF concluded that sufficient evidence is provided to support the exemption, but that additional information should be sought to evaluate the de minimis volume. STECF further noted that further selectivity studies were ongoing. Therefore, this exemption is included in the Regulation, with a provision asking the Member States concerned to submit further data to the Commission to allow STECF to fully assess current discard rates in the fisheries concerned.

(10) The de minimis exemption for whiting, up to a maximum of 7 % in 2016 and 2017 and up to a maximum of 6 % in 2018 of the total annual catches of this species by vessels using bottom trawls of less than 100 mm to catch whiting in ICES divisions VII (excluding VIIa, VIId and VIIe), is based on the fact that increases in selectivity are very difficult to achieve. STECF noted that the basis for this exemption has little quantified information on selectivity. STECF concluded that additional information should be sought to evaluate this de minimis exemption. Therefore, this exemption can be included in the Regulation only with a provision asking the Member States concerned to submit further data to the Commission to allow STECF to better assess the information supporting this exemption.

(11) The de minimis exemption for Norway lobster, up to a maximum of 7 % in 2016 and 2017 and up to a maximum of 6 % in 2018 of the total annual catches of this species by vessels obliged to land Norway lobster in ICES subarea VII, is based on the fact that increases in selectivity are very difficult to achieve. STECF concluded that the exemption was grounded. Therefore, the exemption concerned should be included in this Regulation.

(12) The de minimis exemption for Norway lobster, up to a maximum of 7 % in 2016 and 2017 and up to a maximum of 6 % in 2018 of the total annual catches of this species by vessels obliged to land Norway lobster in ICES division VIa, is based on the fact that increases in selectivity are very difficult to achieve and there is supporting quantitative information on disproportionate costs of handling unwanted catches. STECF concluded that the exemption was grounded. Therefore, the exemption concerned should be included in this Regulation.

(13) The de minimis exemption for common sole, up to a maximum of 3 % in 2016-2018 of the total annual catches of this species by vessels using gear with increased selectivity in ICES divisions VIId, VIIe, VIIf and VIIg, is based on the fact that increases in selectivity are very difficult to achieve. STECF noted that the exemption is to compensate for the use of a more selective gear and the de minimis exemption requested is to cover residual discards. Therefore, the exemption concerned should be included in this Regulation.

(14) 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 2016 in order to comply with the time-frame set out in Article 15 of Regulation (EU) No 1380/2013. In accordance with Article 15(6) of that Regulation, this Regulation should apply for no more than 3 years,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 354, 28.1.2013, p. 22.