Commission Delegated Regulation (EU) 2021/2065 of 25 August 2021 establishing a discard plan for turbot fisheries in the Black Sea

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 Article 15(6) thereof,

Whereas:

1. Regulation (EU) No 1380/2013 aims to gradually eliminate discards in all Union fisheries through the introduction of a landing obligation.

2. As regards the Black Sea, Article 15 of Regulation (EU) No 1380/2013 establishes a landing obligation for all catches of species which are subject to catch limits. Under Article 15(1), point (d) of Regulation (EU) No 1380/2013, the landing obligation is to apply to species which define the fisheries at the latest from 1 January 2017. Turbot is one of those species.

3. On 20 October 2016, the Commission adopted Delegated Regulation (EU) 2017/87⁽²⁾ establishing a discard plan for turbot fisheries in the Black Sea, that provided for a survivability exemption of turbot caught with bottom-set gillnets. It applied from 1 January 2017 until 31 December 2019.

4. Bulgaria and Romania have a direct fisheries management interest in the exploitation of turbot in the Black Sea. On 12 February 2021, those Member States submitted a joint recommendation to the Commission, requesting the renewal of the discard plan and the survivability exemption of turbot caught with bottom-set gillnets in the Black Sea. On 15 July 2021, those Member States submitted an updated joint recommendation. Scientific contribution was obtained from relevant scientific bodies with regard to the high survival rates of this species.

5. The Scientific, Technical and Economic Committee for Fisheries⁽³⁾ (‘STECF’) assessed the updated joint recommendation submitted and noted that improvements on the information provided are required. The Commission acknowledges the existence of scientific studies⁽⁴⁾ demonstrating the high survivability of turbot caught by vessels from non-EU countries using gillnets in the Black Sea. Given that the studies relate to the same sea basin, species and gears as the ones included in the exemption requested by Bulgaria and Romania, the Commission considers that this study should be taken into consideration for the purpose of the exemption.

6. Based on the scientific evidence and STECF assessment, the survivability exemption allowed under Article 15(4), point (b) of Regulation (EU) No 1380/2013 should be included in this Regulation for one year.

7. By 1 May 2022, the Member States concerned should submit additional data on survival estimates relating to the gillnet fishery for turbot.

8. Since the measures provided for in this Regulation have a direct impact 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. In accordance with the joint recommendation and taking into account the time-frame set out in Article 15(1) of Regulation (EU) No 1380/2013, this Regulation should apply from 1 January 2022,

HAS ADOPTED THIS REGULATION: