
Article 1 
In ICES Subareas 5 (excluding 5a and including only Union waters of 5b), 6 and 7, the landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in demersal fisheries in accordance with this Regulation for the period 2020-2021.
Article 2 

1. ‘Flemish panel’ means the last tapered netting section of a beam trawl whose:
— posterior is directly attached to the cod-end;
— upper and lower netting sections are constructed of at least 120 mm mesh as measured between the knots;
— stretched length is at least 3 m.
2. ‘Seltra panel’ means a selectivity device which:
(a) consists of a top panel of at least 270 mm mesh size (diamond mesh) or a top panel of at least 300 mm mesh size (square mesh), placed in a four-panel box section, in the straight section of a cod end;
(b) is at least 3 metres long;
(c) is positioned no more than 4 metres from the cod line; and
(d) is the full width of the top sheet of the box section of the trawl (i.e. from selvedge to selvedge).
3. ‘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 200mm, leading to an escape hole in the top of the trawl;
4. ‘CEFAS Netgrid’ means a Netgrid selectivity device developed by The Centre for Environment, Fisheries and Aquaculture Science for catches of Nephrops in the Irish Sea;
5. ‘Flip-flap trawl’ means a trawl equipped with a netting grid developed to reduce the capture of cod, haddock and whiting in Norway lobster fisheries;
6. ‘Flip-up rope’ means a gear modification on demersal beam trawls to help prevent stones and boulders entering the trawl and causing damage to both gear and catches;
7. ‘Benthos release panel’ means a panel of larger mesh or square mesh netting fitted into the lower panel of a trawl, usually a beam trawl to release any benthic material and seabed debris before it passes into the codend;
8. ‘Celtic Sea Protection Zone’ means the waters inside ICES divisions 7f, 7g and the part of 7j that lies North of latitude 50° N and East of 11° W.
Article 3 

1. The survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to:
(a) Norway lobster (Nephrops norvegicus) caught in pots, traps or creels (gear codes: FPO and FIX and FYK), in ICES subareas 6 and 7;
(b) Norway lobster (Nephrops norvegicus) caught with bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size equal to or larger than 100 mm in ICES subarea 7;
(c) Norway lobster (Nephrops norvegicus) caught with bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size of 70-99 mm in combination with highly selective gear options, as set out in Articles 9(2) and 10(2) of this Regulation, in ICES subarea 7;
(d) Norway lobster (Nephrops norvegicus) caught with otter trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size of 80-110 mm in ICES division 6a within twelve nautical miles of the coast.
2. When discarding Norway lobster caught in the cases referred to in paragraph 1, the Norway lobster shall be released whole, immediately and in the area where it has been caught.
Article 4 

1. In ICES division 7d, within six nautical miles of the coast but outside identified nursery areas, the survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to catches of common sole (Solea solea) below the minimum conservation reference size made using otter trawl gears (gear codes: OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a cod end mesh size of 80-99 mm, by vessels:
(a) having a maximum length of 10 meters and a maximum engine power of 221 kW; and
(b) fishing in waters with the depth of 30 meters or less and with tow durations of no more than 1:30 hours.
2. When discarding common sole caught in the cases referred to in paragraphs 1, the common sole shall be released immediately.
Article 5 

1. The survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply skates and rays (Rajiformes) caught by any fishing gear in the North Western Waters (ICES subareas 6 and 7).
2. Member States having a direct management interest shall submit, every year as soon as possible and not later than by 1 May, additional scientific information supporting the exemption laid down in paragraph 1. The Scientific, Technical and Economic Committee for Fisheries (STECF) shall assess that scientific information by 31 July every year.
3. When discarding skates and rays caught in the cases referred to in paragraph 1, the skates and rays shall be released immediately.
Article 6 

1. The survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to:
(a) plaice (Pleuronectes platessa) caught in ICES divisions 7d, 7e, 7f and 7g with trammel nets (gear codes: GTR, GTN, GEN, GN);
(b) plaice (Pleuronectes platessa) caught in ICES divisions 7d, 7e, 7f and 7g with otter trawls (gear codes: OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX);
(c) plaice (Pleuronectes platessa) caught in ICES divisions 7a to 7k by vessels having a maximum engine greater than 221 kW, and using beam trawls (TBB) fitted with a flip-up rope or benthic release panel;
(d) plaice (Pleuronectes platessa) caught in ICES divisions 7a to 7k by vessels using beam trawls (TBB), having a maximum engine power of 221 kW or a maximum length of 24 meters, which are constructed to fish within 12 nautical miles of the coast and with average tow durations of no more than 1:30 hours;
(e) plaice (Pleuronectes platessa) caught in ICES division 7d with Danish seines (gear code: SDN).
2. The exemptions referred to in points (c) and (d) of paragraph 1 shall be provisionally applicable until 31 December 2020 for plaice caught in ICES divisions 7h, 7j, 7k. Member States having a direct management interest shall submit, as soon as possible and not later than by 1 May 2020, additional scientific information supporting those exemptions as regards the plaice caught in ICES divisions 7h, 7j, 7k. The Scientific, Technical and Economic Committee for Fisheries shall assess that information by 31 July 2020.
3. When discarding plaice caught in the cases referred to in paragraph 1, the plaice shall be released immediately.
Article 7 

1. In ICES subareas 5 (excluding 5a and including only Union waters of 5b), 6 and 7 the survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to species caught with pots, traps and creels (gear codes: FPO, FIX, FYK).
2. When discarding fish caught in the cases referred to in paragraph 1, the fish shall be released immediately.
Article 8 

1. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities may be discarded pursuant to Article 15(5)(c) of that Regulation:
(a) for whiting (Merlangius merlangus), up to a maximum of 5 % of the total annual catches of that species by vessels using bottom trawls and seines with a mesh size equal to or greater than 80 mm (OTB, OTT, OT, PTB, PT, SSC, SDN, SPR, SX, SV, TBN, TBS, TB, TX), pelagic trawls (OTM, PTM) and beam trawls (BT2) with a mesh size of 80-119 mm in ICES divisions 7b to 7k;
(b) for common sole (Solea solea), up to a maximum of 3 % of the total annual catches of that species by vessels using trammel and gill nets (GN, GNS, GND, GNC, GTN, GTR, GEN, GNF) to catch common sole in ICES divisions 7d, 7e, 7f and 7g;
(c) for common sole (Solea solea), up to a maximum of 3 % of the total annual catches of that species by vessels using TBB gear with a mesh size of 80-119 mm equipped with Flemish panel, to catch common sole in ICES divisions 7d, 7e, 7f, 7g and 7h;
(d) for haddock (Melanogrammus aeglefinus), up to a maximum of 5 % in 2020 of the total annual catches of that species by vessels using bottom trawls, seines and beam trawls (OTB, OTT, OT, PTB, PT, SSC, SDN SPR, SX, SV, TBB, TBN, TBS, TB, TX) with a mesh size greater than or equal to 80 mm in ICES divisions 7b, 7c and 7e to 7k;
(e) for horse mackerel (Trachurus spp.), up to a maximum of 7 % in 2020 of the total annual by-catches of those species, caught in demersal mixed fisheries, by vessels using bottom trawls, seines and beam trawls (OTB, OTT, OT, PTB, PT, SSC, SDN, SPR, SX, SV, TBB, TBN, TBS, TB, TX) in ICES subarea 6 and ICES divisions 7b to 7k;
(f) for mackerel (Scomber scombrus), up to a maximum of 7 % in 2020 of the total annual by-catches of that species, caught in demersal mixed fisheries, by vessels using bottom trawls, seines and beam trawls in ICES subarea 6 and ICES divisions 7b to 7k;
(g) for common sole (Solea solea), up to a maximum of 3 % in 2020 of the total annual catches of that species by vessels using beam trawls with a mesh size of 80-119 mm (BT2) with increased selectivity (Flemish panel) in ICES divisions 7a, 7j and 7k,
(h) for megrim (Lepidorhombus spp.) below MCRS, up to a maximum of 5 % in 2020 of the total annual catches of those species by vessels using bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size of 70-99 mm (TR2) and beam trawls (TBB) with a mesh size of 80-199 mm (BT2) in ICES subarea 7,
(i) for boarfish (Caproidae), up to a maximum of 0,5 % in 2020 of the total annual catches of that species by vessels using bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) in ICES divisions 7b,7c and 7f to 7k,
(j) for greater silver smelt (Argentina silus), up to a 0,6 % in 2020 of the total annual catches of that species by vessels using bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size equal to or greater than 100 mm (TR1) in ICES division 5b (EU waters) and ICES subarea 6;
(k) for haddock (Melanogrammus aeglefinus) below minimum conservation reference size, up to a maximum of 3 % in 2020, of the total annual catches of that species by vessels using bottom trawls with a mesh size up to 119 mm (OTB, OTT, OT, TBN, TB) in the West of Scotland Norway lobster (Nephrops norvegicus) fishery in ICES division 6a;
(l) in the demersal mixed fishery carried out by vessels targeting brown shrimp and using beam trawls (TBB) with a mesh size equal to or greater than 31 mm in ICES division 7a:a combined quantity of fish species below MCRS, which shall not exceed 0,85 % of the total annual catches of plaice and 0,15 % of the total annual catches of whiting in the demersal mixed fisheries.
2. The de minimis exemptions set out in points (d) to (k) of paragraph 1 shall be applicable until 31 December 2020. Member States having a direct management interest shall submit as soon as possible and not later than by 1 May 2020, additional scientific information supporting the exemption. The Scientific, Technical and Economic Committee for Fisheries shall assess that scientific information before 31 July 2020.
Article 9 

1. Fishing vessels operating with bottom trawls or seines in the Celtic Sea Protection Zone shall use one of the following gear options:
(a) 110 mm cod-end with 120 mm square mesh panel;
(b) 100 mm T90 cod-end;
(c) 100 mm cod-end with 160 mm square mesh panel;
(d) 120 mm cod-end.
2. By way of derogation from paragraph 1, vessels operating with bottom trawls or seines with catches comprising more than 5 % of Norway lobster shall use one of the following gear options:
(a) 300 mm square mesh panel with a cod-end of at least 80 mm mesh size; vessels below 12 meters in length over all may use a 200 mm square mesh panel;
(b) Seltra panel;
(c) Sorting grid with a 35 mm bar spacing as referred to in Annex VI Part B to Regulation (EU) 2019/1241;
(d) 100 mm cod-end with a 100 mm square mesh panel;
(e) Dual cod-end with the uppermost cod-end constructed with T90 mesh of at least 90 mm and fitted with a separation panel with a maximum mesh size of 300 mm.
3. By way of derogation from paragraph 1, vessels operating with bottom trawls or seines with catches comprising more than 55 % of whiting or 55 % of anglerfish, hake or megrim combined, shall use one of the following gear options:
(a) 100 mm cod-end with a 100 mm square mesh panel;
(b) 90 mm T90 cod-end and extension;
(c) 80 mm cod-end with a 160 mm square mesh panel;
(d) 80 mm cod-end with a 2 m multiplied by 100 mm squared mesh cylinder.
4. By way of derogation from paragraph 1, vessels operating with bottom trawls or seines with catches comprising less than 10 % of gadoids (Gadidae) in ICES division 7f East of 5° West, shall use 80 mm cod-end fitted with a 120 mm square mesh panel.
5. A selective gear or device assessed by the STECF as having the same or higher selectivity characteristics for cod, haddock and whiting than the gear options set out in pargraphs 1 to 4 may be used as an alternative to those gear options.
Article 10 

1. Fishing vessels operating with bottom trawls or seines in ICES division 7a (Irish Sea) shall comply with the technical measures set out in paragraphs 2, 3 and 4.
2. Vessels operating with bottom trawls or seines with a cod-end mesh size equal to or larger than 70 mm and smaller than 100 mm and with catches comprising more than 5 % of Norway lobster shall use one of the following gear options:
(a) 300 mm square mesh panel; vessels below 12 meters in length over all may use a 200 mm squared mesh panel;
(b) Seltra panel;
(c) Sorting grid with 35 mm bar spacing as referred to in Annex VI Part B to Regulation (EU) 2019/1241;
(d) CEFAS Netgrid;
(e) Flip-flap trawl.
3. Vessels equal to or greater than 12 meters in length over all operating with bottom trawls or seines with catches comprising more than 10 % of haddock, cod and skates and rays combined, shall use one of the following gear options:
(a) 120 mm cod-end;
(b) an eliminator trawl with 600 mm large mesh panels and a 100 mm cod-end.
4. Vessels equal to or greater than 12 meters in length over all operating with bottom trawls or seines with catches comprising less than 10 % of haddock, cod and skates and rays combined shall apply a cod-end mesh size of 100 mm with a 100 mm squared mesh panel. This provision shall not apply to vessels with catches comprising more than 30 % of Norway lobster or more than 85 % of Queen scallops.
5. A selective gear or device assessed by the STECF as having the same or higher selectivity characteristics for cod, haddock and whiting than the gear options set out in pargraphs 1 to 4 may be used as an alternative to those gear options
Article 11 

1. From 1 July 2020, fishing vessels operating with bottom trawls or seines in ICES divisions 6a and 5b, within the Union waters, East of 12°W (West of Scotland) shall comply with the following technical measures:
(a) mandatory use of a square mesh panel (positioning retained) of at least 300 mm for vessels deploying a cod-end mesh size less than 100 mm; for vessels below 12 m in length over all and/or with engine power of 200 kW or less, the panel overall length may be 2 m and the panel 200 mm in Norway lobster (Nephrops norvegicus) fisheries;
(b) mandatory use of a square mesh panel (positioning retained) of at least 160 mm for vessels deploying a cod-end mesh size of 100-119 mm and if catches comprising more than 30 % of Norway lobster (Nephrops norvegicus).
2. A selective gear or device assessed by the STECF as having the same or higher selectivity characteristics for cod, haddock and whiting than the measures set out in paragraph 1 may be used as an alternative to those measures.
Article 12 
Delegated Regulation (EU) 2018/2034 is repealed.
Reference to Regulation (EU) 2018/2034 in Annex VI, Part B, point 3 of Regulation (EU) 2019/1241 shall be construed as reference to Articles 9 and 10 of this Regulation.
Article 13 
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 2020 until 31 December 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 1 October 2019.
For the Commission
The President
Jean-Claude JUNCKER