Executive Summary:
Commission Delegated Regulation (EU) 2021/2065 establishes a discard plan for turbot fisheries in the Black Sea. It implements a survivability exemption from the landing obligation for turbot caught with bottomset gillnets. Member states with a direct interest must submit additional data on survival estimates by May 1, 2022. The regulation is applicable from January 1 to December 31, 2022.
Key Points / Main Content:
* **Landing Obligation:**
* The landing obligation under Article 15(1) of Regulation (EU) No 1380/2013 applies to turbot fisheries in the Black Sea using bottomset gillnets (GNS).
* **Definition of Black Sea:**
* The Black Sea is defined as GFCM Geographical SubArea 29, as specified in Annex I to Regulation (EU) No 1343/2011.
* **Survivability Exemption:**
* An exemption from the landing obligation is granted for turbot (Psetta maxima) caught with bottomset gillnets (GNS) in the Black Sea during 2022, based on scientific evidence of high survival rates.
* Turbot caught under this exemption must be immediately released in the area where caught.
* **Data Submission and Assessment:**
* Member States with a direct management interest in Black Sea turbot fisheries must submit additional data on survival estimates related to gillnet fisheries for turbot to the Commission by May 1, 2022.
* The STECF will assess this data by July 31, 2022.
* **Effective Dates:**
* The Regulation came into force on the day following its publication in the Official Journal of the European Union.
* It applies from January 1, 2022, to December 31, 2022.
Impact Analysis:
* **European Commission:**
* *Impact:* Responsible for overseeing the implementation of the discard plan and assessing data submitted by Member States.
* *Action Required:* Review and assess data submitted by Member States by July 31st 2022.
* **Member States (Bulgaria and Romania):**
* *Impact:* Directly affected by the regulation due to their fisheries management interest in turbot exploitation in the Black Sea.
* *Action Required:* Submit additional data on turbot survival estimates from gillnet fisheries to the Commission by May 1, 2022.
* **Fishing Vessels operating in the Black Sea:**
* *Impact:* Must comply with the landing obligation and the survivability exemption for turbot caught with bottomset gillnets.
* *Action Required:* Release turbot caught under the survivability exemption immediately in the area where they were caught. Adhere to all regulations.
* **Scientific, Technical and Economic Committee for Fisheries (STECF):**
* *Impact:* Responsible for providing scientific assessment of the data submitted by Member States.
* *Action Required:* Assess data on survival estimates by July 31, 2022.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Black Sea: A marginal sea of the Atlantic Ocean lying between Europe and Asia.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Regulation EU No 1380/2013: A regulation of the European Parliament and of the Council on the Common Fisheries Policy.
Bulgaria: A country in Southeast Europe.
Romania: A country in Southeast Europe.
Turbot: A species of flatfish.
Ursula VON DER LEYEN: The President of the European Commission.
L 421/14 EN Official Journal of the European Union 26.11.2021
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 2013on
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 2017until 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.
(1) OJ L 354, 28.12.2013, p. 22.
(2) Commission Delegated Regulation (EU) 2017/87 of 20 October 2016 establishing a discard plan for turbot fisheries in the Black Sea
(OJ L 14, 18.1.2017, p. 9).
(3) Reports of the Scientific, Technical and Economic Committee for Fisheries (STECF) – Evaluation of the landing obligation joint
recommendations (STECF-21- 05) 2021. Publications Office of the European Union, Luxembourg. Available here: https://stecf.jrc.ec.
europa.eu/documents/43805/2537709/STECF+PLEN+19-02.pdf
(4) Basaran, F. and N. Samsun, 2004, Survival rates of Black Sea Turbot (Psetta maxima maeotica, L. 1758) broodstock captured by gill
nets from different depths and their adaptation culture conditions, Aquaculture International 12: 321–331, 2004; Giragosov, V. and
A. Nikolayevna Khanaychenko, 2012, The State-of-Art of the Black Sea Turbot Spawning Population off Crimea (1998-2010), Turkish
Journal of Fisheries and Aquatic Sciences, September 2012, DOI: 10.4194/1303-2712-v12_2_25; Samsun, N. and F. Kalayci, 2005,
Survival Rates of Black Sea Turbot (Scophthalmus maeoticus Pallas, 1811), Captured by Bottom Turbot Gillnets in Different Depths
and Fishing, Seasons Between 1999 and 2004, Turkish Journal of Fisheries and Aquatic Sciences 5: 57-62 (2005).26.11.2021 EN Official Journal of the European Union L 421/15
(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:
Article 1
Implementation of the landing obligation
The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in the Black Sea to the
fisheries of turbot (Psetta maxima) caught with bottom-set gillnets (gear code(5)GNS), in accordance with this Regulation.
Article 2
Definition
For the purposes of this Regulation, ‘Black Sea’ means maritime waters in the General Fisheries Commission for the
Mediterranean (‘GFCM’) Geographical Sub-Area 29 as defined in Annex I to Regulation (EU) No 1343/2011 of the
European Parliament and of the Council(6).
Article 3
Survivability exemption
1. The exemption from the landing obligation pursuant to Article 15(4), point (b) of Regulation (EU) No 1380/2013 for
species for which scientific evidence demonstrates high survival rates shall apply in 2022 to turbot (Psetta maxima) caught
with bottom-set gillnets (GNS) in the Black Sea.
2. Turbot (Psetta maxima) caught in the circumstances referred to in paragraph 1 shall be released immediately in the
area where it has been caught.
3. By 1 May 2022, Member States having a direct management interest in the turbot fisheries in the Black Sea shall
submit to the Commission additional data on survival estimates relating to the gillnet fishery for turbot and any other
relevant scientific information supporting the exemption laid down in paragraph 1. The STECF shall assess those data by
31 July 2022at the latest.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 Januaryto 31 December 2022.
(5) Gear codes used in this Regulation refer to those codes in Annex XI to Commission Implementing Regulation (EU) No 404/2011
laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control
system for ensuring compliance with the rules of the Common fisheries policy (OJ L 112, 30.4.2011, p. 1). For the vessels whose
length overall is less than 10 metres gear codes used in this table refer to the codes from the FAO gear classification.
(6) Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing
in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC)
No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L
347, 30.12.2011, p. 44).L 421/16 EN Official Journal of the European Union 26.11.2021
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 August 2021.
For the Commission
The President
Ursula VON DER LEYEN