Date: 2023-12-28Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2023/2918 of 22 August 2023 supplementing Regulation (EU) No 1380/2013 of the European Parliament and of the Council as regards the establishment of a de minimis exemption to the landing obligation for certain demersal fisheries in the Adriatic and south-eastern Mediterranean Sea
Issued by European Commission
· Directorate-General for Maritime Affairs and Fisheries
Executive Summary:
This Commission Delegated Regulation (EU) 2023/2918 establishes a de minimis exemption to the landing obligation for certain demersal fisheries in the Adriatic and southeastern Mediterranean Sea, supplementing Regulation (EU) No 1380/2013. It defines the quantities of specific species that may be discarded in these areas. The regulation is effective from January 1, 2024, to December 31, 2027. Member States must submit additional discard data and research results by May 1, 2027, for STECF assessment by July 31, 2027.
Key Points / Main Content:
* **Scope and Objective:**
* Establishes a de minimis exemption to the landing obligation for specific demersal fisheries in the Adriatic and southeastern Mediterranean Sea.
* Supplements Regulation (EU) No 1380/2013.
* **Definitions:**
* Defines "GFCM Geographical Subareas (GSAs)" according to Regulation (EU) No 1343/2011.
* Defines the "Adriatic Sea" as GFCM GSAs 17 and 18.
* Defines the "Southeastern Mediterranean Sea" as GFCM GSAs 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27.
* **De Minimis Exemption:**
* Specifies quantities of species that may be discarded, as a derogation from Article 15(1) of Regulation (EU) No 1380/2013, pursuant to Article 15(4)(c) of the same regulation.
* **Adriatic Sea:**
* Hake and Mullets: Up to 5% discard allowance for bottom trawls; 1% for gillnets/trammel nets and rapido.
* Common Sole: Up to 3% discard allowance for bottom trawls.
* Various Seabream Species, Groupers, Wreckfish, Deepwater Rose Shrimp: Up to 5% discard allowance for bottom trawls; 2% for gillnets/trammel nets; 1% for hooks and lines.
* Anchovy, Sardine, Mackerel, Horse Mackerel: Up to 5% discard allowance for bottom trawls (bycatch).
* Norway Lobster: Up to 1% discard allowance for pots and traps.
* **Southeastern Mediterranean Sea:**
* Hake and Mullets: Up to 5% discard allowance for bottom trawls; 1% for gillnets/trammel nets.
* Deepwater Rose Shrimp: Up to 5% discard allowance for bottom trawls.
* Various Seabream Species, Groupers, Wreckfish, Gilthead Seabream, Norway Lobster, Common Sole: Up to 5% discard allowance for bottom trawls; 3% for gillnets/trammel nets (or 5% if landings are <25% of total landings).
* Various Seabream Species, Groupers, Wreckfish, Gilthead Seabream, Hake: Up to 1% discard allowance for hooks and lines (or 3% if landings are <25% of total landings).
* Anchovy, Sardine, Mackerel, Horse Mackerel: Up to 5% discard allowance for bottom trawls (bycatch).
* **Reporting and Assessment:**
* Member States with a direct management interest must submit additional discard data and research results by May 1, 2027.
* STECF to assess submitted data and information by July 31, 2027.
* **Effective Dates:**
* Enters into force the day following its publication in the Official Journal of the European Union.
* Applies from January 1, 2024, until December 31, 2027.
Impact Analysis:
* **Member States (Croatia, Italy, Slovenia, Greece, Cyprus, and Malta):**
* *Impact:* Determines the extent to which their fishermen operating in the Adriatic and southeastern Mediterranean Sea can discard certain species. Reporting requirements for discard data and research.
* *Action Required:* Implement the de minimis exemption in national regulations, collect and submit required data and research results to the Commission by May 1, 2027.
* **Fishermen operating in the Adriatic and southeastern Mediterranean Sea:**
* *Impact:* Defines which species and quantities can be discarded, affecting fishing practices and landing obligations.
* *Action Required:* Adhere to the defined discard allowances for specific species and gear types.
* **The European Commission:**
* *Impact:* Responsible for overseeing the implementation of the regulation and assessing the data provided by Member States.
* *Action Required:* Review the data submitted by Member States and ensure compliance with the regulation.
* **Scientific, Technical and Economic Committee for Fisheries (STECF):**
* *Impact:* Responsible for assessing the data and information submitted by Member States.
* *Action Required:* Assess the data and information submitted by Member States by July 31, 2027.
Key Entities Referenced
European Parliament: Legislative branch of the European Union.
Council of the European Union: A body composed of government ministers from each EU member state.
Adriatic Sea: A sea separating the Italian Peninsula from the Balkans.
Mediterranean Sea: A sea located between Europe, Asia, and Africa.
Commission Delegated Regulation (EU) 2023/2918: A regulation supplementing Regulation EU No 1380/2013 regarding a de minimis exemption to the landing obligation for certain demersal fisheries in the Adriatic and southeastern Mediterranean Sea.
Regulation (EU) No 1380/2013: Regulation of the European Parliament and of the Council on the Common Fisheries Policy.
Scientific, Technical and Economic Committee for Fisheries (STECF): A European Commission body providing scientific advice on fisheries management.
Ursula VON DER LEYEN: President of the European Commission.
Official Journal EN
of the European Union L series
2023/2918 28.12.2023
COMMISSION DELEGATED REGULATION (EU) 2023/2918
of 22 August 2023
supplementing Regulation (EU) No 1380/2013 of the European Parliament and of the Council as
regards the establishment of a de minimis exemption to the landing obligation for certain demersal
fisheries in the Adriatic and south-eastern Mediterranean 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(7) thereof,
Whereas:
(1) Commission Delegated Regulation (EU) 2017/86(2) established a temporary discard plan for certain demersal
fisheries in the Mediterranean Sea applicable from 1 January 2017 until 31 December 2019. Commission
Delegated Regulation (EU) 2020/4(3) subsequently extended the period of application of the temporary discard
plan until 31 December 2021.
(2) A de minimis exemption was subsequently established by Commission Delegated Regulation (EU) 2021/2064(4).
That exemption was established for demersal species until 31 December 2023, whereas for by-catches of small
pelagic made in demersal fisheries the exemption was established only until 31 December 2022. Commission
Delegated Regulation (EU) 2022/2564(5) subsequently extended the application of the de minimis exemptions for
by-catches of small pelagic species until 31 December 2023.
(3) Croatia, Italy and Slovenia (‘Adriatica High-Level Group’) and Greece, Italy, Cyprus and Malta (‘Sudestmed High-Level
Group’) have a direct fisheries management interest in the Adriatic Sea and south-eastern Mediterranean Sea
respectively. On 2 May 2023, the Adriatica High-Level Group and the Sudestmed High-Level Group submitted
initial joint recommendations requesting the extension of the de minimis exemptions laid down in Delegated
Regulation (EU) 2021/2064.
(4) On 15 June 2023, the Scientific, Technical and Economic Committee for Fisheries (‘STECF’) assessed the scientific
evidence supporting the initial joint recommendations(6).
(5) First, the STECF noted that while the combined de minimis approach included in the scientific evidence covers a
broad group of species with a wide range of discard rates, such broad coverage is a valid approach, given the
complexity of the fisheries in the Adriatic Sea and south-eastern Mediterranean Sea.
(1) OJ L 354, 28.12.2013, p. 22.
(2) Commission Delegated Regulation (EU) 2017/86 of 20 October 2016 establishing a discard plan for certain demersal fisheries in the
Mediterranean Sea (OJ L 14, 18.1.2017, p. 4).
(3) Commission Delegated Regulation (EU) 2020/4 of 29 August 2019 amending Delegated Regulation (EU) 2017/86 establishing a
discard plan for certain demersal fisheries in the Mediterranean Sea (OJ L 2, 6.1.2020, p. 5).
(4) Commission Delegated Regulation (EU) 2021/2064 of 25 August 2021 supplementing Regulation (EU) No 1380/2013 of the
European Parliament and of the Council as regards the establishment of a de minimis exemption to the landing obligation for certain
demersal fisheries in the Adriatic and south eastern Mediterranean Sea (OJ L 421, 26.11.2021, p. 9).
(5) Commission Delegated Regulation (EU) 2022/2564 of 16 August 2022 amending Delegated Regulation (EU) 2021/2064
supplementing Regulation (EU) No 1380/2013 of the European Parliament and of the Council as regards the establishment of a de
minimis exemption to the landing obligation for certain fisheries in the Atlantic and south-eastern Mediterranean (OJ L 330,
23.12.2022, p. 126).
(6) Scientific, Technical and Economic Committee for Fisheries (STECF) – Evaluation of Joint Recommendations on the landing obligation
and on Technical Measures Regulation (STECF-23-04 & 23-06).
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(6) Second, the STECF considered that individual de minimis exemptions covering a single species would likely result in
many separate exemptions that would be equally challenging to monitor.
(7) Third, discard rates have a very high heterogeneity both among geographical subareas (GSAs) and among pooled
species (especially for species caught with bottom trawls) and reducing the level of unwanted catches through the
use of selective gears or marine protected areas should be prioritised.
(8) Fourth, regarding specifically the scientific evidence provided by the Adriatica High-Level group on disproportionate
costs of handling unwanted catches, the STECF noted that several research projects and studies are ongoing or will
be developed and that solid arguments were provided to justify the difficulty to improve selectivity and avoid all
unwanted catches, in a short-term period. The STECF also welcomed the effort done to conduct disproportionate
costs and selectivity studies and that new projects will be implemented by the relevant Member States.
(9) Fifth, regarding specifically the scientific evidence provided by the Sudestmed High-Level Group on disproportionate
costs of handling unwanted catches, the STECF noted the effort and work done to provide evidence regarding the
disproportionate costs of handling unwanted catches in south-eastern Mediterranean fisheries by means of an
exhaustive Multicriteria Performance Matrix analysis. The STECF also welcomed the effort done to conduct
selectivity studies and that new projects will be implemented by Member States.
(10) On 27 June 2023, the Sudestmed High-Level Group, and on 28 June 2023, the Adriatica High-Level Group
submitted respectively updated joint recommendations.
(11) Under Article 18 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council(7), the
Commission has considered the updated joint recommendations of Adriatica and SudestMed High-Level Groups in
light of the STECF’s assessment of the initial joint recommendation to ensure that the updated joint
recommendation is compatible with the relevant Union conservation measures, including the landing obligation.
(12) The Commission has also taken into account that: (i) the upcoming evaluation of the landing obligation(8) is
expected to provide more information on the effectiveness, efficiency, coherence, relevance and added value of
landing obligation; and (ii) the Scientific, Technical and Economic Committee for Fisheries (STECF) has noted(9)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.
(13) The Commission also notes that, in the Adriatic Sea and south-eastern Mediterranean Sea, species are caught at the
same time, at highly varying quantities, making a single stock approach challenging. Those species are furthermore
caught by small-scale fishing vessels and landed in many different landing points spread out geographically along
the coast. This results in disproportionate costs of handling unwanted catches.
(14) Moreover, in their updated joint recommendations, Member States renewed their commitment to undertake new
studies with a roadmap and to increase the selectivity of the fishing gears in accordance with the results of current
research programmes in order to reduce and limit unwanted catches and particularly catches below minimum
conservation reference sizes. Member States also committed to identify further closure areas in order to reduce
juvenile mortality.
(7) 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 (OJ L 354, 28.12.2013, p. 22).
(8) COM(2023) 103 final.
(9) https://stecf.jrc.ec.europa.eu/documents/43805/61703874/STECF+23-0406+-+Ev+JRs+LO.pdf/5cf75911-6a7f-4aa5-be7d-
3f371440b2bd
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(15) In addition, considering the high number of different species caught at the same time in demersal fishing operations
using hooks, lines, gillnets and trammel nets in the Adriatic and south-eastern Mediterranean Sea, in their updated
joint recommendations, Member States have proposed de minimis thresholds that are proportionate to the species
frequency of capture.
(16) For the reasons set out in recitals 3 to 15 above, the Commission therefore considers that the exemptions should be
granted from 1 January 2024to 31 December 2027.
(17) Since the measures provided for in this Regulation impact directly on the planning of the fishing season of Union
vessels and on related economic activities and for reasons of legal certainty this Regulation should apply from
1 January 2024,
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 Union waters of the
Adriatic and south-eastern Mediterranean Sea to demersal fisheries in accordance with this Regulation.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(a) ‘GFCM Geographical Sub-areas’ (‘GSAs’) means General Fisheries Commission for the Mediterranean (‘GFCM’)
Geographical Sub-Areas as defined in the Annex I to Regulation (EU) No 1343/2011 of the European Parliament and
of the Council(10);
(b) ‘Adriatic Sea’ means GFCM Geographical Sub-Areas 17 and 18;
(c) ‘South-eastern Mediterranean Sea’ means GFCM Geographical Sub-Areas 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26
and 27.
Article 3
De minimis exemption
1. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities of species may
be discarded pursuant to Article 15(4), point (c), of Regulation (EU) No 1380/2013:
(a) in the Adriatic Sea:
(i) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % of the total annual catches of
those species caught by vessels using bottom trawls;
(ii) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % of the total annual catches of
those species caught by vessels using gillnets and trammel nets (GSN, GN, GND, GNC, GTN, GTR, GEN);
(iii) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % of the total annual catches of
those species caught by vessels using rapido (TBB);
(iv) for common sole (Solea solea), up to 3 % of total annual catches of those species caught by vessels using bottom
trawls;
(10) 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).
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(v) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus
puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.)
striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo),
common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus),
gilthead seabream (Sparus aurata) and deep-water rose shrimp (Parapenaeus longirostris), up to a maximum of 5 %
of the total annual catches of those species caught by vessels using bottom trawls;
(vi) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus
puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.),
striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), red seabream (Pagellus bogaraveo),
common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus),
common sole (Solea solea) and gilthead seabream (Sparus aurata), up to a maximum of 2 % of the total annual
catches of those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR,
GEN);
(vii) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus
puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.),
striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), common pandora (Pagellus
erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus), common sole (Solea solea) and
gilthead seabream (Sparus aurata), up to a maximum of 1 % of the total annual catches of those species caught by
vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX);
(viii) for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel
(Trachurus spp.), up to a maximum of 5 % of the total annual by-catches of those species caught by vessels using
bottom trawls;
(ix) for Norway lobster (Nephrops norvegicus), up to a maximum of 1 % of the total annual catches of this specie caught
by vessels using pots and traps;
(b) in the south-eastern Mediterranean Sea:
(i) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 5 % of the total annual catches of
those species caught by vessels using bottom trawls;
(ii) for hake (Merluccius merluccius) and mullets (Mullus spp.), up to a maximum of 1 % of the total annual catches of
those species caught by vessels using gillnets and trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN);
(iii) for deep-water rose shrimp (Parapenaeaus longirostris), up to a maximum of 5 % of the total annual catches of that
species caught by vessels using bottom trawls;
(iv) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus
puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.),
striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), blackspot seabream (Pagellus
bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion
americanus) gilthead seabream (Sparus aurata) Norway Lobster (Nephrops norvegicus) and common sole (Solea solea),
up to a maximum of 5 % of the total annual catches of those species caught by vessels using bottom trawls;
(v) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus
puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.),
striped seabream (Lithognathus mormyrus), Spanish seabream (Pagellus acarne), blackspot seabream (Pagellus
bogaraveo), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion
americanus) gilthead seabream (Sparus aurata), common sole (Solea solea), lobster (Homarus gammarus) and crawfish
(Palinuridae), up to a maximum of 3 % of total annual catches of those species caught by vessels using gillnets and
trammel nets (GNS, GN, GND, GNC, GTN, GTR, GEN). In case landings of those species are less than 25 % of the
total landings of the fisheries, the quantities to be discarded may be up to a maximum of 5 % of the total annual
catches of those species;
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(vi) for European seabass (Dicentrarchus labrax), annular seabream (Diplodus annularis), sharpsnout seabream (Diplodus
puntazzo), white seabream (Diplodus sargus), two-banded seabream (Diplodus vulgaris), groupers (Epinephelus spp.),
striped seabream (Lithognathus mormyrus), blackspot seabream (Pagellus bogaraveo), Spanish seabream (Pagellus
acarne), common pandora (Pagellus erythrinus), common seabream (Pagrus pagrus), wreckfish (Polyprion americanus),
gilthead seabream (Sparus aurata), hake (Merluccius merluccius) up to a maximum of 1 % of the total annual catches
of those species caught by vessels using hooks and lines (LHP, LHM, LLS, LLD, LL, LTL, LX). In case landings of
those species are less than 25 % of the total landings of the fisheries, the quantities to be discarded may be up to a
maximum of 3 % of the total annual catches of those species;
(vii) for anchovy (Engraulis encrasicolus), sardine (Sardina pilchardus), mackerel (Scomber spp.) and horse mackerel
(Trachurus spp.), up to a maximum of 5 % of the total annual by-catches of those species caught by vessels using
bottom trawls.
2. By 1 May 2027, the Member States having a direct management interest in the fisheries in the Adriatic and south-
Eastern Mediterranean Sea shall submit to the Commission additional discard data and the results of the research, projects
and studies supporting the exemption laid down in paragraph 1. The STECF shall assess the data and information
submitted by 31 July 2027at the latest.
Article 4
Entry into force and application
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 January 2024until 31 December 2027.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 August 2023.
For the Commission
The President
Ursula VON DER LEYEN
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