Regulation (EU) No 1380/2013 of the European Parliament and of the Council3 aims to eliminate progressively discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits.

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.

On 4 July 2018, the European Parliament and the Council adopted Regulation (EU) 2018/973 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks4. Article 11 of that Regulation empowers the Commission to adopt delegated acts in order to supplement this Regulation by specifying details of the landing obligation for all stocks of species in the North Sea to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013, as provided for in points (a) to (e) of Article 15(5) of that Regulation on the basis of joint recommendations developed by Member States.

Commission Delegated Regulation (EU) 2018/20355 specified details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2019-2021, following a joint recommendation submitted by Belgium, Denmark, France, Germany, the Netherlands, Sweden and the United Kingdom which have a direct fisheries management interest in the North Sea.

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

The new joint recommendation submitted by the Member States suggests continuation of a number of additional technical measures agreed between the Union and Norway in 20116, and 20127 and authorizing the use of the SepNep selectivity device. These measures aim to increase selectivity and reduce unwanted catches for fisheries or species covered by the landing obligation and were introduced pursuant to Article 15(5)(a) of the Regulation (EU) No 1380/2013 for the years 2019-2021 by Delegated Regulation (EU) 2018/2035.

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

Regulation (EU) 2019/1241 does not provide for transitional measures. Therefore, to ensure compatibility between this Delegated Regulation and Regulation (EU) 2019/1241, it is necessary to apply the conditions established in Regulation (EU) 2019/1241, whilst at the same time taking into account the exceptional circumstances involved. Based on the information provided by the Member States, the Scientific, Technical and Economic Committee for Fisheries (STECF) positively assessed8 the information provided by the regional group in support of the technical measures included in the joint recommendation This joint recommendation was developed and submitted by the Member States and assessed by STECF before the new technical measures regulation was adopted, before the entry into force of Regulation (EU) 2019/1241 and therefore did not refer to that Regulation. Nevertheless, in view of the exceptional circumstances, the Commission considers that on the basis of information available to it at this stage in the joint recommendation and STECF assessment there does not appear to be any element indicating that the additional proposed technical measures would fail to comply with the requirements established for technical measures in Article 15 of Regulation (EU) 2019/1241.

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

As set out in Regulation (EU) 2018/973, the North Sea comprises ICES9 divisions 2a, 3a and subarea 4.

Scientific contributions were obtained from relevant scientific bodies and reviewed by the STECF10. The Commission presented the measures concerned for a written consultation of the expert group, consisting of 28 Member States and European Parliament as an observer.

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

Delegated Regulation (EU) 2018/2035 included a survivability exemptions for common sole below minimum conservation reference size (MCRS) caught by trawls in ICES division 4c, based on scientific evidence which demonstrated high discard survival rates. That evidence was evaluated in previous years and the STECF concluded11 that the evidence was sufficient. The STECF pointed out that no new information on the location of nursery area was provided12. Since currently there are no identified nursery areas, the exemption may be included in this Regulation, but Member States should submit the relevant information as soon as such areas are identified. Considering that the circumstances have not changed, that exemption should continue to apply under this Regulation.

Delegated Regulation (EU) 2018/2035 included a survivability exemption, as provided for by Article 15(4)(b) of Regulation (EU) No 1380/2013, for catches of Norway lobster made with pots in ICES divisions 2a, 3a and ICES subarea 4, based on the scientific evidence which demonstrated high discard survival rates. That evidence was evaluated in previous years and the STECF concluded13 that the evidence was sufficient. Considering that the circumstances have not changed, that exemption should continue to apply under this Regulation.

Delegated Regulation (EU) 2018/2035 included a survivability exemption for catches of Norway lobster made in ICES subarea 4 and ICES divisions 2a and 3a with certain gears on the condition that a netgrid selectivity device was used. That exemption was was granted on a condition that the Member States submit data on the fisheries of the west coast of the North Sea. There has been no new evidence submitted to the STECF on high survivability. The Member States stated that no additional data was needed as in 2018 the STECF noted that the supporting scientific information was robust14 on the survival estimates covering the west coast of the North Sea. However, the STECF raises issues15 concerning East coast Norway lobster and Pandalus fisheries, as this information is missing and the assessment can not be made on Norway lobster survival in those fisheries. Under those circumstances, the exemption may be applied until 31 December 2020 and Member States having a direct management interest should submit data on the fisheries of the East coast of the North Sea for the STECF assessment as soon as possible and not later than by 1 May 2020.

Delegated Regulation (EU) 2018/2035 included a survivability exemption for the by-catch of species subject to catch limits in the fishery carried out with pots and fyke nets, based on the scientific evidence which demonstrated high discard survival rates. That evidence was evaluated in previous years and the STECF concluded16 that the available data indicates that mortality of discarded fish is likely to be low, however the actual catches in the fishery are negligible. Since the catches are not significant and considering that the circumstances have not changed, the exemption should continue to apply under this Regulation.

Delegated Regulation (EU) 2018/2035 included a survivability exemption for plaice in the fishery carried out with gillnets and trammel nets in ICES division 3a and ICES subarea 4. The Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF which concluded17 that reasonable information was provided showing the considerably high survivability. That exemption should therefore be included in this Regulation.

Delegated Regulation (EU) 2018/2035 included a survivability exemption for plaice in the fishery carried out with Danish seines in ICES division 3a and ICES subarea 4. The Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF which concluded18 that the data of the study on the survival rates are reliable, albeit additional measures could be used in order to enhance survivability, as the decrease of survivability is significant if the sorting time of the plaice is longer than 30 minutes. That exemption should therefore be included in this Regulation.

Delegated Regulation (EU) 2018/2035 included a survivability exemption for catch and by-catch of plaice in the fishery targeting flatfish or round fish carried out with trawls in ICES division 3a and ICES subarea 4 in winter months. The Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The evidence was submitted to the STECF which concluded19 that the survival rates in the supporting study decreased if the sorting time was greater than 60 minutes in the summer months, therefore a low survival rate of plaice in summer justifies the exemption being restricted to winter months. That exemption should therefore be included in this Regulation.

In delegated Regulation (EU) 2018/2035 a survivability exemption for skates and rays caught with all fishing gears in ICES divisions 2a and 3a, and ICES subarea 4, was granted despite that the detailed scientific evidence on survival rates was not available for all fleet segments and combinations of gears, areas and species. However, with a few exceptions, the STECF considers the survival rates to be generally robust20, but further details are required. Given the need to continue fishing activity in order to ensure the necessary data collection, that exemption should be granted, but Member States should be required to submit relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. Member States having a direct management interest should submit by 1 May each year: (a) a roadmap developed in order to increase survivability and to fill in the data gaps identified by the STECF, to be annually assessed by the STECF, (b) annual reports on the progress and any modifications or adjustments made to the survivability programmes.

When considering the survival rates of skates and rays, cuckoo rays (Leucoraja naevus) were found to have a considerably lower survival rate than other species. Furthermore, the scientific understanding of the survival pattern of that species appears to be less robust. However, to exclude this species from the exemption would prevent fishing and continued, accurate data collection. Relevant evidence was submitted to the STECF which concluded21 that two new studies have been started on survival experiments concerning Cuckoo ray, but more observations will be needed to make a definitive judgement on the survival rates in 1 or 2 years. Therefore, this exemption should be granted for two years and new studies and improved survivability measures should be developed as a matter of urgency and provided to the STECF for assessment as soon as possible and not later than by 1 May.

• for plaice caught with gears equipped with the flip-up rope or Benthos release panel (BRP) and caught by vessels with an engine power of more than 221 kW,

• for plaice caught by the vessels of Member States implementing the roadmap for the Fully Documented Fisheries,

• for flatfish caught with beam trawl gears (BT2) and by vessels with an engine power of not more than 221 kw or less than 24 m in length overall, which are constructed to fish in the twelve miles zone, if the average trawl duration is less than ninety minutes.

  The evidence was submitted to the STECF which concluded22 that in the new research projects, commited to be carried out in 2020-2021, the new observations will enable the STECF to make a sound judgement on the survival of discarded place caught with the beam trawls. Future research plans within the roadmap presented are detailed and ambitious in addressing the uncertainties regarding the factors affecting discard survival for plaice. However, more knowledge of factors that can explain the observed variability in previous survival estimates is necessary. Therefore, the exemption should be granted, but with an obligation for Member States to submit relevant data allowing the STECF to assess fully the justification and allowing the Commission to carry out a review. Member States having a direct management interest should submit by 1 May each year: (a) a roadmap developed in order to increase survivability and to fill in the data gaps identified by the STECF, to be annually assessed by the STECF, (b) annual reports on the progress and any modifications or adjustments made to the survivability programmes.

The new joint recommendation suggests a survivability exemption for turbot caught by TBB gears with a cod end more than 80 mm in ICES subarea 4. The Member States provided scientific evidence in order to demonstrate high discard survival rates for turbot in that fishery. The evidence was submitted to the STECF which concluded23 that no new survival evidence was presented and the previously submitted studies were based on the gear type different than beam trawl, therefore they are not representative. However, more research is committed by the Member States to observe the survival of discarded turbot caught by beam trawls and to provide more detailed information of survivability in the new project, foreseen to be carried out until 2021. Given the need to continue fishing activity in order to ensure the necessary data collection, that exemption should be granted, but Member States should be required to submit, in the indicated timeframe, the relevant data allowing the STECF to assess fully the justificiation and allowing the Commission to carry out a review. That exemption should be applied provisionally until 31 December 2020.

• plaice caught with trawls with a mesh size of at least 90-99 mm equipped with Seltra panel targeting flatfish or roundfish in Union waters of ICES division 3a,

• plaice caught with trawls with a mesh size of at least 80-99 mm targeting flatfish or roundfish in Union waters of ICES subarea 4.

The Member States provided scientific evidence in order to demonstrate high discard survival rates for plaice in that fishery. The STECF observed24 that methods for estimates of survival are variable between studies and noted that smaller plaice, caught more frequently with smaller codend meshes, are indicated to have lower survival levels. However, for the plaice survivability during summer months the full scientific report on the whole area would enable a representative assessment. Therefore, the Commission considers that this exemption should only be granted for one year and the new studies and improved survivability measures should be developed as a matter of urgency and provided to the STECF for assessment as soon as possible and not later than by 1 May 2020.

• common sole caught with trammel nets and gillnets in ICES divisions 2a and 3a, ICES subarea 4,

• common sole caught with certain beam trawls equipped with a Flemish panel in ICES subarea 4,

• combined catches of common sole, haddock, whiting, cod, saithe, plaice, herring, Norway pout, greater silver smelt and blue whiting made with certain bottom trawls in ICES division 3a,

• combined catches of common sole, haddock, whiting, cod, saithe and hake made with certain bottom trawls in ICES division 3a,

• whiting caught with certain bottom trawls in ICES division 3a,

• whiting and cod caught with bottom trawls in ICES division 4c,

• plaice caught with certain bottom trawls in ICES subarea 4,

• all species subject to catch limits caught with beam trawls in ICES divisions 4b and 4c.

Member States provided evidence supporting those de minimis exemptions. The STECF25 reviewed that evidence and concluded26 that the documents submitted by the Member States contained reasoned arguments demonstrating that further improvements in selectivity are difficult to achieve or imply disproportionate costs in handling unwanted catches. Considering that the circumstances have not changed, it is appropriate to continue thede minimis exemptions in accordance with the percentage level and the necessary modifications suggested in the new joint recommendation pursuant to Article 15(5)(c) of Regulation (EU) No 1380/2013.

• horse mackerel caught with bottom trawls (OTB, OTT, PTB, TBB) in ICES subarea 4,

• mackerel caught with bottom trawls (OTB, OTT, PTB, TBB) in ICES subarea 4,

• whiting caught with beam trawls (BT2) in ICES subarea 4,

• whiting and cod caught with bottom trawls (OTB, OTT, SDN, SSC) in ICES divisions 4a and 4b.

• ling below the MCRS caught with longlines in ICES subarea 4,

• combined catches of industrial species (sprat, sandeel, Norway pout and blue whiting) caught in demersal mixed fishery and fishery for shrimp with trawls using selectivity devices in ICES division 3a and ICES subarea 4.

Member States provided scientific evidence supporting those existing and new de minimis exemptions based on difficulties to improve selectivity and disproportionate costs of handling the catches. That evidence was reviewed by the STECF during its plenary session on 1-5 July 201927.

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

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

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

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

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

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.

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.

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

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

As the measures provided for in this Regulation have a direct impact on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force immediately after its publication. It should apply from 1 January 2020,