
Article 1 
The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in ICES subarea IV (North Sea), ICES division IIIa (Kattegat and Skagerrak) and Union waters of ICES division IIa (Norwegian Sea) to the fisheries set out in the Annex to this Regulation.
Article 2 
For the purpose of this Regulation the following definitions shall apply:

((1)) ‘Seltra panel’ means a selectivity device consisting of a top panel of at least 270 mm mesh size (diamond mesh) placed in a four-panel section and mounted with a joining ratio of three meshes of 90 mm to one mesh of 270 mm, or of a top panel of at least 140 mm mesh size (square mesh). The panel is at least 3 metres long, positioned no more than 4 metres from the cod line, and is the full width of the top sheet of the trawl (i.e. from selvedge to selvedge).
((2)) ‘Netgrid selectivity device’ means a selectivity device consisting of a four panel section inserted into a two-panel trawl with an inclined sheet of diamond mesh netting with a mesh size of at least 200 mm, leading to an escape hole in the top of the trawl.
Article 3 
Notwithstanding Article 1, the obligation to land catches of cod pursuant to this Regulation shall apply only if Regulation (EC) No 1342/2008 or Chapter III thereof is repealed prior to 1 January 2017.
Article 4 

1. The exemption from the landing obligation pursuant to Article 15(4)(b) of Regulation (EU) No 1380/2013, for species for which scientific evidence demonstrates high survival rates, shall apply to the following catches of Norway lobster:
(a) catches with pots (FPO);
(b) catches in ICES Division IIIa with bottom trawls (OTB, TBN) with a mesh size of at least 70 mm equipped with a species selective grid with bar spacing of maximum 35 mm;
(c) catches in ICES Division IIIa with bottom trawls (OTB, TBN) with a mesh size of at least 90 mm equipped with a seltra panel;
(d) in 2017, catches in ICES Division IV with bottom trawls (OTB, TBN) with a mesh size of at least 80 mm equipped with a netgrid selectivity device.
2. Norway lobster caught in cases referred to in paragraph 1 shall be released whole, immediately and in the area where it has been caught.
3. Before 1 May 2017, Member States having a direct management interest in the North Sea shall submit to the Commission additional data to those provided for in the Joint Recommendation of 3 June 2016 and any other relevant scientific information supporting the exemption laid down in paragraph 1, point d. The Scientific, Technical and Economic Committee for Fisheries (STECF) shall assess those data and that information before 1 September 2017.
Article 5 

1. The exemption from the landing obligation pursuant to Article 15(4)(b) of Regulation (EU) No 1380/2013, for species for which scientific evidence demonstrates high survival rates, shall apply in 2017 to catches of common sole below minimum conservation reference size made within six nautical miles of the coast in ICES area IVc and outside identified nursery areas with otter trawls (OTB) with cod end mesh size of 80-99 mm.
2. The exemption referred to in paragraph 1 shall only apply to vessels with a maximum length of 10 meters, a maximum engine power of 180 kW, when fishing in waters with a depth of 15 meters or less and with limited tow durations of no more than 1:30 hours.
3. Common sole caught in cases referred to in paragraph 1 shall be released immediately.
4. Before 1 May 2017, Member States having a direct management interest in the North Sea shall submit to the Commission additional scientific information supporting the exemption laid down in paragraph 1. The STECF shall assess that information before 1 September 2017.
Article 6 
By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities may be discarded pursuant to Article 15(4)(c) of that Regulation:

((a)) for common sole, up to a maximum of 3 % of the total annual catches of this species by vessels using trammel nets and gill nets (GN, GNS, GND, GNC, GTN, GTR, GEN, GNF) in ICES Division IIIa, ICES Subarea IV and Union waters of ICES Division IIa;
((b)) for common sole below minimum conservation reference size, up to a maximum of, in 2017, 7 % and, in 2018, 6 % of the total annual catches of this species by vessels using beam trawl (TBB) of mesh size 80-119 mm with increased mesh size in the extension of the beam trawl in ICES Subarea IV;
((c)) for Norway lobster below minimum conservation reference size, up to a maximum of 6 % of the total annual catches of this species by vessels using bottom trawls (OTB, TBN, OTT, TB) of mesh size 80-99 mm in ICES Subarea IV and Union waters of ICES Division IIa;
((d)) in 2017, for common sole and haddock combined, below minimum conservation reference size, up to a maximum of 2 % of the total annual catches of Norway lobster, common sole, haddock and Northern prawn in the fishery for Norway lobster by vessels using bottom trawls (OTB, TBN) of mesh size equal to or larger than 70 mm equipped with a species selective grid with bar spacing of maximum 35 mm in ICES Division IIIa;
((e)) in 2018, for common sole, haddock and whiting combined, below minimum conservation reference size, up to a maximum of 4 % of the total annual catches of Norway lobster, common sole, haddock, whiting and Northern prawn in the fishery for Norway lobster by vessels using bottom trawls (OTB, TBN) of mesh size equal to or larger than 70 mm equipped with a species-selective grid with bar spacing of maximum 35 mm in ICES Division IIIa;
((f)) for common sole, haddock and whiting below minimum conservation reference size combined, up to a maximum of 1 % of the total annual catches of Norway lobster, common sole, haddock, whiting and Northern prawn in the fishery for Northern prawn by vessels using bottom trawls (OTB) with a mesh size equal to or larger than 35 mm equipped with a species selective grid with bar spacing of maximum 19 mm, with unblocked fish outlet, in ICES Division IIIa.
((g)) for common sole, haddock and whiting combined, up to a maximum of 0,5 % of the total annual catches of Norway lobster, common sole, haddock, whiting and Northern prawn in the fishery for Norway lobster conducted with creels (FPO), in ICES division IIIa.
((h)) in 2018, for whiting, up to a maximum of 7 % of the total annual catches of Norway lobster, haddock, sole, Northern prawn, whiting, plaice, saithe and cod in the mixed fishery for sole, whiting and species without catch limits by vessels using bottom trawls (OTB, OTT) of mesh size 70-99 mm in ICES Division IVc.
Article 7 
By way of derogation from the minimum conservation reference size established in Annex XII to Regulation (EC) No 850/98, the minimum conservation reference size of Norway lobster in ICES Division IIIa shall be as follows:

((a)) total length of 105 mm;
((b)) tail length of 59 mm;
((c)) carapace length of 32 mm.
Article 8 

1. The carrying on board or the use of any trawl, Danish seine, beam trawl or similar towed net having a mesh size of less than 120 mm shall be prohibited in the Skagerrak.
2. By way of derogation from paragraph 1, the following trawls may also be used:
(a) trawls with a cod end of a mesh size of at least 90 mm, provided they are equipped with a seltra panel or a sorting grid with no more than 35 mm bar spacing.
(b) trawls with a cod end of at least 70 mm mesh size (square mesh) equipped with a sorting grid with no more than 35 mm bar spacing;
(c) trawls of minimum mesh sizes of less than 70 mm when fishing for pelagic or industrial species, provided the catch contains more than 80 % of one or more pelagic or industrial species;
(d) trawls with a cod end of at least 35 mm mesh size when fishing for Pandalus, provided the trawl is equipped with a sorting grid with a maximum bar spacing of 19 mm.
3. A fish retention device may be used when fishing for Pandalus in accordance with paragraph 2(d), provided there are adequate fishing opportunities to cover by-catch and that the retention device is
— constructed with a top panel of a minimum mesh size of 120 mm square mesh,
— at least 3 metres long, and
— at least as wide as the width of the sorting grid.
Article 9 
Member States shall determine, in accordance with the criteria laid down in the Annex to this Regulation, the vessels subject to the landing obligation for each particular fishery. By 31 December 2016 they shall submit to the Commission and other Member States, using the secure Union control website, the lists of all saithe targeting vessels, as defined in the Annex, established pursuant to the first sentence. They should keep those lists updated.
Article 10 
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 2017 until 31 December 2018.
However, Article 9 shall apply as from the date of entry into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 4 October 2016.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX

Fisheries subject to the landing obligation:

Fishing gear Mesh size Species concerned
Trawls:OTB, OTT, OT, PTB, PT, TBN, TBS, OTM, PTM, TMS, TM, TX, SDN, SSC, SPR, TB, SX, SV ≥ 100 mm In 2017 and 2018: all catches of saithe (if caught by a saithe targeting vessel), plaice, haddock, whiting, cod, Northern prawn, common sole and Norway lobster.
Trawls:OTB, OTT, OT, PTB, PT, TBN, TBS, OTM, PTM, TMS, TM, TX, SDN, SSC, SPR, TB, SX, SV 70-99 mm In 2017 and 2018: all catches of Norway lobster, common sole, haddock and Northern prawnIn 2018: all catches of whiting.
Trawls:OTB, OTT, OT, PTB, PT, TBN, TBS, OTM, PTM, TMS, TM, TX, SDN, SSC, SPR, TB, SX, SV 32-69 mm In 2017 and 2018: All catches of Northern prawn, Norway lobster, common sole, haddock and whiting.
Beam trawls:TBB ≥ 120 mm In 2017 and 2018: All catches of plaice, Northern prawn, Norway lobster, common sole, cod, haddock and whiting.
Beam trawls:TBB 80-119 mm In 2017 and 2018: All catches of common sole, Northern prawn, Norway lobster and haddock.In 2018: all catches of whiting.
Gillnets, trammel nets and entangling nets:GN, GNS, GND, GNC, GTN, GTR, GEN, GNF  In 2017 and 2018: All catches of common sole, Northern prawn, Norway lobster, haddock, whiting and cod
Hooks and lines:LLS, LLD, LL, LTL, LX, LHP, LHM  In 2017 and 2018: All catches of hake, Northern prawn, Norway lobster, common sole, haddock, whiting and cod
Traps:FPO, FIX, FYK, FPN  In 2017 and 2018: All catches of Norway lobster, Northern prawn, common sole, haddock and whiting.



