Commission Delegated Regulation (EU) 2018/2033 of 18 October 2018 establishing a discard plan for certain demersal fisheries in South-Western waters for the period 2019-2021

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 an initial period of no more than three years that may be renewed for a further total period of three years, on the basis of joint recommendations developed by Member States in consultation with the relevant Advisory Councils.

3. Belgium, Spain, France, the Netherlands and Portugal have a direct fisheries management interest in the South-Western waters. By Delegated Regulation (EU) 2015/2439⁽²⁾, the Commission established a discard plan for certain demersal fisheries in South-Western waters for the period 2016-2018, which was repealed and replaced by Commission Delegated Regulation (EU) 2016/2374⁽³⁾, following a joint recommendation submitted by Belgium, Spain, France, the Netherlands and Portugal in 2016. Delegated Regulation (EU) 2016/2374 was amended by Commission Delegated Regulation (EU) 2018/44⁽⁴⁾.

4. On 31 May 2018 Belgium, Spain, France, the Netherlands and Portugal submitted a new joint recommendation to the Commission after consulting the South Western Waters Advisory Council. Scientific contributions were obtained from relevant scientific bodies and reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF)⁽⁵⁾. On 11 September 2018 an expert group meeting attended by representatives of 28 Member States, the Commission as well as the European Parliament as an observer took place and the measures concerned were discussed.

5. Delegated Regulation (EU) 2016/2374 included an exemption from the landing obligation for Norway lobster caught by bottom trawls in International Council for the Exploration of the Seas (ICES) subareas 8 and 9, as existing scientific evidence indicated possible high survival rates, taking into account the characteristics of the gears targeting that species, the fishing practices and the ecosystem. The STECF in its evaluation⁽⁶⁾ concluded that the latest experiments and studies completed in 2016-2018 show survival rates in the range of the survival rate observed in the previous work. Therefore, considering that the circumstances have not changed, that survivability exemption should be maintained in the South-Western waters demersal discard plan for the period 2019-2021.

6. For skates and rays caught with all gears in ICES subareas 8 and 9, detailed scientific evidence on survival rates is not available for all fleet segment and combinations that benefit from the exemption. However, with a few exceptions, survival rates are considered to be generally robust, but further detail is required. In order to collect this data, fishing would need to continue and as such, the Commission considers that the exemption should be granted but Member States should have the obligation to submit relevant data allowing STECF to fully assess the justification and allowing the Commission to carry out a review. Member States having a direct management interest should submit as soon as possible before 31 May each year: (a) a roadmap developed in order to increase survivability and to fill in the data gaps identified by STECF, to be annually assessed by STECF, (b) annual reports on the progress and any modifications or adjustments made to the survivability programmes.

7. 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, with less robust scientific understanding. However to exclude this species altogether from the exemption would prevent fishing and continued, accurate data collection. Therefore, the Commission considers this exemption should only be granted for 1 year and that new studies and improved survivability measures should be developed as a matter of urgency and provided to STECF for assessment as soon as possible before 31 May 2019.

8. The new joint recommendation also suggests a survivability exemption for red seabream caught with artisanal gear ‘voracera’ in ICES division 9a. The Member States provided scientific evidence in order to demonstrate discard survival rates of red seabream. The evidence was submitted to STECF which concluded that the exemption is well justified. That exemption should therefore be included in the new discard plan for the years 2019-2021.

9. The new joint recommendation also suggests a survivability exemption for red seabream caught with hooks and lines in ICES subarea 10. The Member States provided scientific evidence in order to demonstrate the survival rates of red seabream in that fishery. The evidence was submitted to STECF which concluded that the exemption is well justified. That exemption should therefore be included in the new discard plan for the years 2019-2021.

10. Delegated Regulation (EU) 2016/2374 included de minimis exemptions from the landing obligation pursuant to Article 15(5)(c) of Regulation (EU) No 1380/2013 for common sole caught with beam trawls and bottom trawls in ICES divisions 8a and 8b and for common sole caught with trammel nets and gillnets in ICES divisions 8a and 8b. The evidence provided by the Member States for those exemptions in the new joint recommendation was reviewed by the STECF⁽⁷⁾. The STECF concluded that the joint recommendation contained reasoned arguments related to the difficulty of increasing selectivity combined with disproportionate costs of handling unwanted catches. Therefore, considering that the circumstances have not changed, the de minimis exemptions should be maintained in the South-Western waters demersal discard plan for the period 2019-2021.

11. Delegated Regulation (EU) 2016/2374 included a de minimis exemption from the landing obligation pursuant to Article 15(5)(c) of Regulation (EU) No 1380/2013 for hake caught with trawls and seines in ICES subareas 8 and 9. The evidence provided by the Member States for that exemption was reviewed by the STECF, which concluded⁽⁸⁾ that more trials should be performed in order to assess the selectivity improvement. In order to collect this data, fishing would need to continue and as such, the Commission considers that the exemption should be granted provisionally, but Member States should have the obligation to submit relevant data allowing STECF to fully assess the justification and allowing the Commission to carry out a review. Therefore, the de minimis exemption should be granted provisionally until 31 December 2019. The Member States concerned should undertake additional trials and provide information as soon as possible before 31 May 2019 for the assessment of the STECF.

12. The new joint recommendation contains new de minimis exemptions for:

    • alfonsinos caught with hooks and lines in ICES subarea 10,

    • great forkbeard caught with hooks and lines in ICES subarea 10,

    • horse mackerel caught with trawls and seines in ICES subareas 8 and 9,

    • horse mackerel caught with gillnets in ICES subareas 8, 9 and 10 and Fishery Committee for the Eastern Central Atlantic (CECAF) areas 34.1.1, 34.1.2, 34.2.0,

    • mackerel caught with trawls and seines in ICES subareas 8 and 9,

    • mackerel caught with gillnets in ICES subareas 8, 9 and 10 and CECAF areas 34.1.1, 34.1.2, 34.2.0,

    • anchovy caught with trawls and seines in ICES subareas 8 and 9,

    • boarfish caught with trawls and seines in ICES subareas 8 and 9,

    • megrim caught with trawls and seines in ICES subareas 8 and 9,

    • megrim caught with gillnets in ICES subareas 8 and 9,

    • plaice caught with trawls and seines in ICES subareas 8 and 9,

    • plaice caught with gillnets in ICES subareas 8 and 9,

    • anglerfish caught with trawls and seines in ICES subareas 8 and 9,

    • anglerfish caught with gillnets in ICES subareas 8 and 9,

    • whiting caught with trawls and seines in ICES subareas 8 and 9,

    • whiting caught with gillnets in ICES subareas 8 and 9,

    • pollack caught with trawls and seines in ICES subareas 8 and 9,

    • pollack caught with gillnets in ICES subareas 8 and 9,

    • great forkbeard caught with trawls and seines in ICES division 9a,

    • red seabream caught with trawls and seines in ICES division 9a,

    • sole caught with trawls and seines in ICES division 9a.

13. Member States provided information for the de minimis exemptions for alfonsinos and great forkbeard caught with hooks and lines in ICES subarea 10. STECF reviewed that evidence and concluded 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. It is therefore appropriate to include these de minimis exemptions in the new discard plan for the years 2019-2021.

14. The information provided by the Member States needs to be completed as regards the new de minimis exemptions for these species individually:

    • horse mackerel, mackerel, anchovy, boarfish, megrim, plaice, anglerfish, whiting, pollack caught with trawls and seines in ICES subareas 8 and 9;

    • megrim, plaice, anglerfish, whiting and pollack caught with gillnets in ICES subareas 8 and 9;

    • horse mackerel and mackerel caught with gillnets in ICES subareas 8, 9 and 10 and CECAF areas 34.1.1, 34.1.2, 34.2.0; and

    • great forkbeard, red seabream and sole caught with trawls and seines in ICES division 9a.

    Under those circumstances, these individual exemptions for each species should be limited to 1 year and the Member States should have the obligation to submit relevant data allowing STECF to fully assess the justification and allowing the Commission to carry out a review. These de minimis exemptions should be granted provisionally until 31 December 2019. The Member States concerned should undertake additional trials and provide information as soon as possible before 31 May 2019 for assessment by STECF.

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

16. The measures suggested by the new joint recommendation are in line with Article 15(4), Article 15(5)(c) and Article 18(3) of Regulation (EU) No 1380/2013 and may thus be included in this Regulation.

17. Under Article 18 of the 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 on the 1 January 2019. In several cases, exemptions require continued fishing activity and data collection in order to address the comments made by the STECF. In these cases, 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 necessary data collection indispensable for the proper and informed management of discards in view of full entry into force of the landing obligation.

18. 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 2019,

HAS ADOPTED THIS REGULATION: