Commission Delegated Regulation (EU) 2023/2623 of 22 August 2023 supplementing Regulation (EU) 2019/472 of the European Parliament and of the Council by specifying details of the landing obligation for certain fisheries in Western Waters for the period 2024-2027

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008⁽¹⁾, and in particular Article 13 thereof,

Whereas:

1. Article 13 of Regulation (EU) 2019/472 empowers the Commission to adopt delegated acts to supplement that Regulation by specifying the 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 of the European Parliament and of the Council⁽²⁾, 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.

2. Commission Delegated Regulation (EU) 2020/2015⁽³⁾ specifies the details of the implementation of the landing obligation for certain demersal fisheries in the Western Waters for the period 2021-2023, following two joint recommendations submitted to the Commission by Belgium, Spain, France, Ireland and Netherlands (North-Western Waters Member States), and Belgium, Spain, France, Netherlands and Portugal (the South-Western Waters Member States). Delegated Regulation (EU) 2020/2015 was amended in 2021⁽⁴⁾, 2022⁽⁵⁾ and 2023⁽⁶⁾.

3. The North-Western Waters Member States, after consulting the North-Western Waters Advisory Council and the Pelagic Advisory Council, submitted an initial joint recommendation to the Commission on 3 May 2023.

4. The South-Western Waters Member States, after consulting the South-Western Waters Advisory Council and the Pelagic Advisory Council, submitted an initial joint recommendation to the Commission on 2 May 2023.

5. The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the initial joint recommendations during the Plenary of 8-12 May 2023⁽⁷⁾.

6. On 6 July 2023, the South-Western Waters Member States submitted an updated joint recommendation.

7. On 13 July 2023, the North-Western Waters Member States submitted an updated joint recommendation.

8. The Expert Group for Fisheries and Aquaculture considered the updated joint recommendations in a meeting on 28 July 2023 that the European Parliament attended as an observer.

9. Under Article 13 of Regulation (EU) 2019/472, the Commission has considered the updated joint recommendations in light of the STECF’s assessment of the initial joint recommendations to ensure that the updated joint recommendations are compatible with the relevant Union conservation measures, including the landing obligation.

10. The Commission has also taken into account that: (i) the upcoming evaluation is expected to provide more information on the effectiveness, efficiency, coherence, relevance and Union added value of the landing obligation; and (ii) the STECF has noted⁽⁸⁾ that the current process of evaluating joint recommendations is inefficient, that further reflection is necessary as to how it can be further improved and that such reflection would allow discussion on data issues and on finding new ways to improve the implementation of the landing obligation.

11. The following high survivability exemptions to the landing obligation should apply to the North-Western Waters.

12. Delegated Regulation (EU) 2020/2015 includes a high survivability exemption for Norway lobster caught with pots, traps and creels, and bottom trawls in International Council for the Exploration of the Sea (‘ICES’) subareas 6 and 7. Member States requested that the exemption be continued. The STECF evaluated the information submitted as part of the initial joint recommendation and concluded that while survival estimates and discard rates are variable between areas, survival studies have been conducted in a robust manner and highlight the benefits of improved selectivity through technical measures⁽⁹⁾. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

13. Delegated Regulation (EU) 2020/2015 includes a high survivability exemption for common sole below minimum conservation reference size caught with bottom trawls with a mesh size of 80-99 mm in ICES division 7d within 6 nautical miles of the coast but outside identified nursery areas, and with otter trawls with a cod-end mesh larger than 80 mm in ICES division 7e within 6 nautical miles of the coast but outside identified nursery areas. Member States requested that the exemption be continued. The STECF evaluated the information submitted as part of the initial joint recommendation and concluded that survivability is reasonable and that the studies presented have been conducted in a robust manner⁽¹⁰⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

14. Delegated Regulation (EU) 2020/2015 includes a high survivability exemption for skates and rays caught with all gears in ICES subareas 6 and 7. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while survivability is variable by gear and season, the level of cooperation between Member States is noteworthy and the exemption has been the catalyst for this work⁽¹¹⁾. Moreover, Member States committed in the updated joint recommendation to carrying out a meta-analysis of survival aiming to assess the overall effect of the exemption. For these reasons, and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

15. Delegated Regulation (EU) 2020/2015 includes a high survivability exemption for plaice caught with trammel nets, otter trawls, beam trawls, Danish seines and seines in ICES division 7. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while survival rates are variable and lowest in the segments that account for the highest catches, with the highest discard rates and volumes, work is ongoing in the fisheries concerned to improve selectivity and survival probabilities with innovative gears and technologies⁽¹²⁾. To allow for the continuation of this work and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

16. Delegated Regulation (EU) 2020/2015 includes a high survivability exemption for species caught in pots and traps in ICES subareas 5 (excluding 5a and including only Union waters of 5b), 6 and 7. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the overall quantities of fish proposed are negligible, the gear types are relatively benign and the impact of the exemption is likely to be minimal⁽¹³⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

17. Delegated Regulation (EU) 2020/2015 includes a high survivability exemption for mackerel and herring in the purse seine fisheries in ICES subarea 6; and for mackerel and herring in the ring net fishery targeting pelagic species not subject to quotas in ICES divisions 7e and 7f. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that although it could not verify whether the conditions met during the experiments submitted are representative of the conditions experienced under commercial fishing operations, the survival estimates of 70 % for mackerel and herring are the best available for purse seine fisheries⁽¹⁴⁾. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

18. The following high survivability exemptions to the landing obligation should apply to the South-Western Waters.

19. Delegated Regulation (EU) 2020/2015 includes a high survivability exemption for Norway lobster caught with bottom trawls in ICES subareas 8 and 9. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that survival rates vary across fleets and that discard chutes have proved to be efficient in reducing discard mortality⁽¹⁵⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027 for those vessels that have discard chutes installed.

20. Delegated Regulation (EU) 2020/2015 includes a high survivability exemption for skates and rays, except cuckoo rays, caught with all gears in ICES subareas 8 and 9. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while there are indications that impacts vary by gear types and species, a number of scientific studies are ongoing to assess the survivability of different species of skates and rays⁽¹⁶⁾. To allow for the completion of these studies, to ensure consistency with the North-Western Waters and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

21. Delegated Regulation (EU) 2020/2015 includes a high survivability exemption for red seabream caught with the artisanal gear voracera in ICES division 9a, and hooks and lines in ICES subareas 8 and 10 and division 9a. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that new information provided to support the exemption is limited and there is uncertainty around discard survival estimates and unknown discard amounts coupled with a decline in landings. The STECF report indicates that new studies are needed to estimate the survival rates based on captive observations that were caught from representative commercial operations⁽¹⁷⁾. To allow for the completion of these studies and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

22. Delegated Regulation (EU) 2020/2015 includes a high survivability exemption for anchovy, horse mackerel and mackerel in the purse seine fishery. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while some impacts could not be assessed, the survival estimates in previous studies proved to be high for these species. Moreover, there are scientific studies ongoing⁽¹⁸⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

23. The following de minimis exemptions to the landing obligation should apply to the North-Western Waters.

24. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for whiting caught by vessels using bottom trawls and seines with a mesh size equal to or greater than 80 mm, pelagic trawls and beam trawls with a mesh size of 80-119 mm in ICES divisions 7d and 7e. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while no new information was submitted to support the exemption, previous studies had proven that the use of certain selectivity devices led to significant losses of commercial catches⁽¹⁹⁾. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

25. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for common sole caught by vessels using trammel nets and gill nets in ICES divisions 7d to 7g. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that fishing gears under this exemption are fitted to catch common sole at and above the minimum conservation reference size. Moreover, in its report, the STECF indicated that it is likely that improvements on selectivity would result in commercial losses. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

26. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for common sole caught by vessels using beam trawls with a mesh size of 80 to 119 mm equipped with Flemish panel, to catch common sole in ICES divisions 7d to 7h, 7j and 7k. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that information is limited as regards the uptake level or monitoring data on the selectivity device. However, in its report, the STECF also indicated that it is positive that the exemption is related to the use of a gear modification that has been shown to reduce the level of unwanted catches. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

27. Delegated Regulation (EU) 2020/2015 included a de minimis exemption for haddock caught by vessels operating with a mesh size greater than or equal to 100 mm for all bottom trawls and seines; by vessels operating with mesh sizes greater than or equal to 80 mm with certain specifications on catch composition; and by vessels operating with beam trawls using mesh sizes greater than or equal to 80 mm in conjunction with the use of a Flemish panel in ICES divisions 7b, 7c and 7e to 7k. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while the haddock stock in the Celtic Sea is currently fished sustainably, there is a high discard rate in some fisheries. The STECF further concluded that improving selectivity should remain a priority in these fisheries and that improvements have already been made in several fisheries⁽²⁰⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027, provided that the technical measures in point 1.3.2 of part B of Annex VI to Regulation (EU) 2019/1241 of the European Parliament and of the Council⁽²¹⁾ remain in place beyond 31 December 2023.

28. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for boarfish caught by vessels using bottom trawls in ICES divisions 7b, 7c and 7f to 7k. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while information is limited as regards potential losses derived from removing the exemption, information on selectivity trials was provided and selectivity improvements are possible in some fisheries. Moreover, in its previous assessments, the STECF concluded that improving selectivity only for boarfish would be challenging⁽²²⁾. In addition, there is also a risk of boarfish becoming a choke species in multiple demersal fisheries. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

29. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for megrim below minimum conservation reference size caught with beam trawls with a mesh size of 80 to 119 mm in ICES subarea 7 and using bottom trawls under specific conditions. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the new information provided to support the exemption is limited and improvements on selectivity are possible. However, in its report, the STECF also indicated that some studies have shown that selectivity devices led to significant reductions in marketable catch in some fisheries⁽²³⁾. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

30. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for common sole caught by vessels using beam trawls with a mesh size of 80 to 119 mm with increased selectivity (Flemish panel) in ICES divisions 7a. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the information submitted in support of this exemption was the same as in previous years. Moreover, in its previous assessment⁽²⁴⁾, the STECF acknowledged that measures to reduce the unwanted catch of sole have been put in place. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

31. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for greater silver smelt caught by vessels using bottom trawls with a mesh size greater of equal to 100 mm (TR1) in ICES division 5b (Union waters) and subarea 6. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the exemption is unlikely to have a significant impact on the stock due to the low level of discards⁽²⁵⁾. Moreover, in its previous assessments, the STECF indicated that improvements on selectivity are difficult to achieve for some fisheries without the fleets concerned incurring disproportionate costs⁽²⁶⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

32. Delegated Regulation (EU) 2020/2015 includes two de minimis exemptions for horse mackerel and mackerel caught in demersal mixed fisheries by vessels using bottom trawls, seines and beam trawls in ICES subarea 6 and ICES divisions 7b to 7k. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that increasing selectivity without reducing yield is very difficult⁽²⁷⁾. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

33. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for blue whiting in the industrial pelagic trawler fishery in ICES subareas 6 and 7 and division 5b. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the information supporting the exemption is largely the same as in previous years, namely the difficulty to improve selectivity and additional handling costs⁽²⁸⁾. STECF also concluded that the description of the operation on board the vessel and the information provided to support the assertion that the costs of handling unwanted catches on board are disproportionate provide a reasonable justification for this exemption⁽²⁹⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

34. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for horse mackerel, mackerel and whiting caught with pelagic trawlers up to 25 metres in length overall using midwater trawls in ICES division 7d. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the new information provided to support the exemption is limited. However, in its report, the STECF also indicated that improvements in selectivity are difficult to achieve⁽³⁰⁾. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

35. The following de minimis exemptions to the landing obligation should apply to the South-Western Waters.

36. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for hake caught with trawls and seines in ICES subareas 8 and 9. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that despite numerous selectivity studies, no solutions have been found. Furthermore, in its report, the STECF indicated that studies have generally shown that the gear modifications tested are ineffective or lead to unacceptable losses of marketable catches⁽³¹⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

37. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for common sole caught with pelagic trawls, beam trawls and bottom trawls in ICES divisions 8a and 8b. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the new information provided to support the exemption limited. However, in its report, the STECF indicated that the information provided shows increased sorting times on board associated with the landing obligation⁽³²⁾. Furthermore, the discard rate and volume of unwanted catches are low. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

38. Delegated Regulation (EU) 2020/2015 included a de minimis exemption for common sole caught with trammel nets and gillnets in ICES divisions 8a and 8b. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that selectivity for static nets for sole is high⁽³³⁾. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

39. Delegated Regulation (EU) 2020/2015 included a de minimis exemption for alfonsinos caught by hooks and lines in ICES subarea 10. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while the new information provided to support the exemption is limited⁽³⁴⁾, its previous assessments regarding difficulties on the grounds of selectivity and disproportionate costs remained relevant⁽³⁵⁾. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

40. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for horse mackerel caught with beam trawls, bottom trawls and seines in ICES subareas 8 and 9. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that increasing selectivity without reducing yield is very difficult⁽³⁶⁾. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

41. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for horse mackerel caught with gillnets in ICES subareas 8, 9 and 10 and Fishery Committee for the Eastern Central Atlantic (‘CECAF’) zones 34.1.1, 34.1.2 and 34.2.0. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while the new information provided to support the exemption is limited, its previous assessments remained relevant. Moreover, in those previous assessments⁽³⁷⁾, the STECF indicated that it would be reasonable to assume that selectivity for horse mackerel in these fisheries is difficult to achieve. For that reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

42. Delegated Regulation (EU) 2020/2015 includes two de minimis exemptions for mackerel caught by beam trawls, bottom trawls and seines in ICES subareas 8 and 9; and mackerel caught by gillnets in ICES subareas 8 and 9 and CECAF zones 34.1.1, 34.1.2 and 34.2.0. Member States requested that these exemptions be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that increasing selectivity without reducing yield is very difficult in these fisheries⁽³⁸⁾. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemptions requested should be granted from 1 January 2024 to 31 December 2027.

43. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for megrim caught with beam trawls, bottom trawls and seines in ICES subareas 8 and 9. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that despite numerous selectivity experiments, no solutions have been found. Moreover, in its previous assessments, the STECF indicated that reducing the discard rates through improvements in selectivity is difficult in these fisheries⁽³⁹⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

44. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for megrim caught with gillnets in ICES subareas 8 and 9. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that it can be assumed that the selectivity of static nets for megrim is high and that the costs for handling the very small volumes of megrim are significant⁽⁴⁰⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

45. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for anglerfish caught by pelagic trawls, beam trawls, bottom trawls and seines in ICES subareas 8 and 9. Member States requested that the exemption be continued, but excluding pelagic trawls, as there are no reported catches of anglerfish using this gear. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that studies on improving selectivity have shown relatively high losses of commercial catch⁽⁴¹⁾. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

46. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for anglerfish caught with gillnets in ICES subareas 8 and 9. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that there are indications that the selectivity of static nets for anglerfish cannot be improved due to the morphology of the species and that the costs for handling the very small volumes of anglerfish are significant⁽⁴²⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

47. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for whiting caught with gillnets in ICES subarea 8. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that that while the new information provided to support the exemption is limited, its previous assessments remained relevant. Moreover, in its previous assessments⁽⁴³⁾, the STECF concluded that improvements in selectivity are difficult to achieve in gillnet fisheries. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

48. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for anchovy caught with beam trawls, bottom trawls and seines in ICES subareas 8 and 9. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that the catch data suggests that the level of unwanted catches in the relevant fisheries is low and that the impact of the exemption is likely to be low⁽⁴⁴⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

49. Delegated Regulation (EU) 2020/2015 includes two de minimis exemptions for red seabream caught with beam trawls, bottom trawls and seines in the Gulf of Cádiz part of ICES division 9a; and sole caught by beam trawls, bottom trawls and seines in the Gulf of Cádiz part of ICES division 9a. Member States requested that these exemptions be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while the information provided to support the exemption is limited, its previous assessments remained relevant. Moreover, in those previous assessments⁽⁴⁵⁾, the STECF indicated that the analysis provided on disproportionate costs showed that there would be an increase in handling and sorting time on board depending on vessels size, should the exemptions not be granted. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemptions requested should be granted from 1 January 2024 to 31 December 2027.

50. Delegated Regulation (EU) 2020/2015 includes a de minimis exemption for blue whiting caught with midwater trawls and midwater pair trawls in ICES subarea 8. Member States requested that the exemption be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that while the new information provided to support the exemption is limited, the impact of this exemption seems low. Moreover, the information provided to support the assertion that the costs of handling unwanted catches on board are disproportionate provide a reasonable justification for this exemption⁽⁴⁶⁾. For these reasons and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemption requested should be granted from 1 January 2024 to 31 December 2027.

51. Delegated Regulation (EU) 2020/2015 included two de minimis exemptions for anchovy and horse mackerel caught by pelagic trawls in ICES subarea 8; and horse mackerel caught using purse seines in ICES subareas 8, 9 and 10 and CECAF divisions 34.1.1, 34.1.2 and 34.2.0. Member States requested that these exemptions be continued. The STECF assessed the information submitted as part of the initial joint recommendation and concluded that, although limited, the information submitted indicates that increasing selectivity without reducing yield is very difficult⁽⁴⁷⁾. For this reason and for the reasons set out in recitals 9 and 10 above, the Commission therefore considers that the exemptions requested should be granted from 1 January 2024 to 31 December 2027.

52. The measures in the updated joint recommendations 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) 2019/472, in particular Article 13 thereof, and may thus be included in this Regulation.

53. 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 on the day following that of its publication.

54. It should apply from 1 January 2024,

HAS ADOPTED THIS REGULATION: