
Article 1 
This Regulation shall contribute to the achievement of the  fisheries objectives  as far as deep-sea species and habitats are concerned. In addition, it shall aim at:

((a)) improving scientific knowledge on deep-sea species and their habitats;
((b)) preventing significant adverse impacts on VMEs within the framework of deep-sea fishing and ensuring the long-term conservation of deep-sea fish stocks;
((c)) ensuring that ... measures for the purpose of sustainable management of deep-sea fish stocks are consistent with the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72.
Article 2 

1. This Regulation applies to fishing activities or intended fishing activities in the following waters:
(a) by  United Kingdom  fishing vessels and third-country fishing vessels in United Kingdom waters of the North Sea, of the north-western waters and of the south-western waters as well as United Kingdom waters of ICES zone IIa;
(b) by United Kingdom fishing vessels in international waters of CECAF areas 34.1.1, 34.1.2 and 34.2.
2. Paragraph 1 of this Article is without prejudice to Article 16(5).
Article 3 

1. This Regulation applies to species that occur in deep-sea waters and that are characterised by a combination of the following biological factors: maturation at relatively old ages, slow growth, long life expectancies, low natural mortality rates, intermittent recruitment of successful year classes and spawning that may not occur every year (‘deep-sea species’).
2. For the purposes of this Regulation, deep-sea species and, among them, most vulnerable species are listed in Annex I.
Article 4 

1. For the purposes of this Regulation, the definitions provided for in Article 4 of Regulation (EU) No 1380/2013 and Article 2 of Council Regulation (EC) No 734/2008 apply.
2. In addition, the following definitions apply:
(a) ‘ICES zones’ means the zones defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council;
(b) ‘CECAF areas’ means the areas defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council;
(c) ‘Regulatory Area of the NEAFC’ means the waters subject to the Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries which lie beyond the waters under the fisheries jurisdiction of the contracting parties to that Convention;
(d) ‘most vulnerable species’ means the deep-sea species that are indicated in the third column ‘Most vulnerable (x)’ of the table in Annex I;
(e) ‘métier’ means fishing activities targeting certain species by a certain gear in a certain area;
(f) ‘deep-sea métier’ means a métier that targets deep-sea species in accordance with the indications laid down in Article 5(2);
(g) ‘fisheries monitoring centre’ means an operational centre established by a  fisheries administration  and equipped with computer hardware and software enabling automatic data reception, processing and electronic data transmission;
(h) ‘encounters’ means catches of such quantities of VME indicator species that are above the threshold levels set out in Annex IV;
(i) ‘unintended catches’ means incidental catches of marine organisms which, under Article 15 of Regulation (EU) No 1380/2013, must be landed and counted against quotas either because they are below the minimum conservation reference size or because they exceed the quantities permitted under the catch composition and by-catch rules;
(j) ‘VME indicators’ means those included in Annex III;
(k) ‘existing deep-sea fishing areas’ means the portion of the area referred to in point (a) of Article 2(1), where deep-sea fishing activities have historically occurred and that is determined in accordance with Article 7.
Article 5 

1. Fishing activities targeting deep-sea species shall be subject to a fishing authorisation (the ‘targeting fishing authorisation’). The targeting fishing authorisation shall indicate the deep-sea species that the vessel is authorised to target.
2. For the purpose of paragraph 1, a fishing vessel carrying out a fishing activity shall be deemed to target deep-sea species if its communications about catches (in the logbook, landing declarations, sales notes or similar document) in a calendar year concerned contain at least 8 % of deep-sea species in any fishing trip.However, this shall not apply to fishing vessels for which the overall recording of deep-sea species in the calendar year concerned is less than 10 tonnes. This subparagraph is without prejudice to paragraph 6.
3. Fishing activities of fishing vessels that, although not targeting deep-sea species, catch deep-sea species as a by-catch, shall be subject to a fishing authorisation (the ‘by-catch fishing authorisation’). The by-catch fishing authorisation shall indicate the deep-sea species that the vessel may encounter as by-catch while targeting other species.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Fishing vessels not holding any fishing authorisation under this Article are prohibited from fishing for deep-sea species in excess of 100 kg in each fishing trip. Deep-sea species caught in excess of 100 kg by such vessels shall not be retained on board, transhipped or landed, except for unintended catches of deep-sea species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, which shall be landed and counted against quotas.
6. A fishing vessel holding a by-catch fishing authorisation and having access to a quota for by-catches of deep-sea species that exceeds by no more than 15 % the threshold of 10 tonnes set out in paragraph 2 of this Article, shall not be considered to be targeting deep-sea species. It shall land such catches and count them against the quota. Unintended catches of deep-sea species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 shall be landed and counted against quotas.
7. This Regulation shall apply mutatis mutandis to issuance of fishing authorisations to third-country fishing vessels pursuant to Regulation (EU) 2017/2403.
Article 6 

1. The aggregate fishing capacity measured in gross tonnage and in kilowatts of all United Kingdom fishing vessels to which a fisheries administration has issued a targeting fishing authorisation shall at no time exceed the aggregate fishing capacity of United Kingdom fishing vessels, during 2009-2011, whichever year provides the higher figure, which:
(a) have caught 10 tonnes or more of deep-sea species during any of the three calendar years between 2009-2011, whichever year provides the higher figure; and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 7 

(1. Using relevant VMS records or, if VMS records are not available, other relevant verifiable information, a fisheries administration must seek to establish the locations of the fishing activities of vessels catching more than 10 tonnes each calendar year to which it has granted deep-sea fishing authorisations.
(2. On the basis of the information referred to in paragraph 1, as well as on the basis of the best available scientific and technical information, a fisheries administration may, by regulations, determine the existing deep-sea fishing areas.
Article 8 

1. Each application for a fishing authorisation shall be accompanied by a detailed description of the area where the fishing vessel intends to carry out fishing activities, the type of gears, the depth range at which the activities will be carried out, the intended frequency and duration of the fishing activity, as well as the names of the deep-sea species concerned.
2. Targeting fishing authorisations shall only be issued for fishing activities within the existing deep-sea fishing areas.
3. By way of derogation from paragraph 2 of this Article, and until the determination of the existing deep-sea fishing areas in accordance with Article 7, targeting fishing authorisations may be issued provided that the fishing vessel has presented evidence that it had been exercising fishing activities in the deep-sea métier for at least three years before the application for the fishing authorisation is lodged. Such fishing authorisation may be issued only in respect of locations where such previous fishing activities have been carried out.
4. No fishing authorisation shall be issued for the purpose of fishing with bottom trawls at a depth below 800 metres.
5. By way of derogation from paragraph 2, a fisheries administration may, by regulations, authorise exploratory fisheries in locations outside the existing deep-sea fishing areas provided that—
(a) an impact assessment conducted in accordance with the standards set out in the 2008 FAO International Guidelines for the management of Deep-Sea Fisheries in the High Seas has been produced and, having assessed that impact assessment, the fisheries administration is satisfied it is appropriate to authorise the exploratory fishery in question;
(b) the fisheries administration has obtained advice from a scientific advisory body and, having assessed that advice, the fisheries administration is satisfied it is appropriate to authorise the exploratory fishery in question; and
(c) the authorisation is subject to appropriate mitigation measures to prevent an encounter with or effectively protect VMEs.
6. Regulations made under paragraph 5 may, in particular, define:
(a) the area for exploratory fisheries;
(b) the maximum number of vessels and the maximum capacity;
(c) the duration of such fisheries not exceeding one year, renewable once;
(d) the maximum percentage of the total allowable catch of deep-sea species that may be caught in the exploratory fisheries; and
(e) mitigating measures that must be complied with in order to protect VMEs.
7. In order to ensure a collection of representative data that is adequate for the assessment and management of deep-sea fish stocks and of encounters with VMEs, any fishing authorisation issued in accordance with paragraphs 5 and 6 shall require the presence of scientific observers or remote electronic monitoring on the vessel concerned during the first 12 months of the duration of the fishing authorisation.
8. A fisheries administration may, by regulations, adjust the determination of the existing deep-sea fishing area in order to include the locations of the fishing activities conducted under a fishing authorisation issued in accordance with paragraphs 5 and 6 of this Article.
Article 9 

1. This Article shall apply to fishing operations with bottom gears below a depth of 400 metres.
2. Where, in the course of fishing operations, the quantity of VME indicators, as defined in Annex III, that has been caught in that fishing operation exceeds the thresholds defined in Annex IV, an encounter with VMEs shall be considered to have taken place. The fishing vessel shall immediately cease fishing in the area concerned. It shall resume operations only when reaching an alternative area at least five nautical miles from the area in which the encounter occurred.
3. The fishing vessel shall immediately report each encounter with VMEs to the competent ... authorities of a fisheries administration.
4. A fisheries administration must use the best available scientific and technical information, including biogeographical information and the information referred to in paragraph 3, to identify where VMEs are known to occur or are likely to occur. .......
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. On the basis of—
(a) the best scientific and technical information available;
(b) an assessment of areas where VMEs are known to occur or likely to occur, carried out by a competent scientific advisory body; and
(c) any assessments and identifications carried out by a fisheries administration,
a fisheries administration may, by regulations, establish a list of areas where VMEs are known to occur or are likely to occur.
(6A. A fisheries administration must review any regulations made under paragraph 6 annually on the basis of advice received from a competent scientific advisory body and, where appropriate, amend the list by regulations. The fisheries administration may remove an area from the list provided that it determines, on the basis of an impact assessment and after consulting the competent scientific advisory body, that there is sufficient evidence to indicate that VMEs are not present, or that appropriate conservation and management measures have been adopted which ensure that significant adverse impacts on VMEs in that area are prevented.
7. A fisheries administration may review, on the basis of the best available scientific information, the VME indicators and may, by regulations, amend the list included in Annex 3.
8. New impact assessments shall be required if there are significant changes to the techniques used for carrying out fisheries with bottom gear, or where there is new scientific information indicating the presence of VMEs in a given area.
9. Fishing with bottom gears shall be prohibited in all areas listed in accordance with paragraph 6.
Article 10 
Fisheries and fishing activities covered by this Regulation shall also be subject to the provisions in Articles 7, 17, 42, 43 and 45, Article 84(1)(a), Article 95(3), Article 104(1), Article 105(3)(c), Article 107(1), Article 108(1) and Article 115(c) of, and Annex I to, Regulation (EC) No 1224/2009, except where otherwise provided for in this Regulation.
Article 11 

1. A fisheries administration must designate the ports in which any landing or transhipment of deep-sea species or any mixture thereof in excess of 100 kg is to take place. ...
2. No quantity of any mixture of deep-sea species in excess of 100 kg may be landed at any place other than the ports which have been designated by a fisheries administration pursuant to paragraph 1.
Article 12 
By way of derogation from Article 17 of Regulation (EC) No 1224/2009, the masters of all United Kingdom fishing vessels intending to land 100 kg or more of deep-sea species shall, irrespective of the length of the fishing vessel, be required to notify, at least four hours before the estimated time of arrival at port, the competent authority of a fisheries administration of that intention. The master or any other person responsible for the operation of vessels of 12 metres in length or less shall notify the competent authorities at least one hour before the estimated time of arrival at port.
Article 13 

1. Where the obligation to keep a logbook applies, masters of United Kingdom fishing vessels holding a fishing authorisation in accordance with Article 5(1) or (3) shall, when engaged in a deep-sea métier or when fishing below 400 metres:
(a) draw a new line in the paper logbook after each haul; or
(b) when they are subject to the electronic recording and reporting system, record separately after each haul.
2. Masters of United Kingdom fishing vessels shall also record in the vessel's logbook any quantities of deep-sea species listed in Annex I caught, retained on board, transhipped or landed in accordance with Article 5(5), and any quantities of VME indicators listed in Annex III above the thresholds set out in Annex IV, including species compositions and weight, and report those quantities to the competent authorities.
Article 14 
Without prejudice to Article 7(4) and Article 92 of Regulation (EC) No 1224/2009, and in accordance with Article 90(1) thereof, the fishing authorisations referred to in Article 5(1) and (3) of this Regulation shall be withdrawn for a duration of at least two months in any of the following cases:

((a)) failure to conform to the conditions set in the fishing authorisation with regard to limits on the use of gears, allowed areas of operation or catch limits on the species whose targeting is allowed; or
((b)) failure to take on board a scientific observer or to allow sampling of catches for scientific purposes as specified in Article 16 of this Regulation.
Article 15 

1. Without prejudice to more specific provisions in this Regulation, Regulation (EC) No 199/2008 shall apply.
2. When collecting data on deep-sea métiers in accordance with the general rules on data collection and with the precision levels laid down in the relevant multiannual ... programme for collection and management of biological, technical, environmental, social and economic data, a fisheries administration must observe the specific data collection and reporting requirements set out in Annex II for the deep-sea métier.
3. A fisheries administration must include the necessary conditions in all fishing authorisations issued in accordance with Article 5 to ensure that the vessel concerned participates, in cooperation with the relevant scientific institute, in any data collection scheme the scope of which would comprise the fishing activities for which authorisations are issued.
4. The master of a vessel, or any other person responsible for the vessel's operation, shall be required to take on board the scientific observer whom a fisheries administration has assigned for his vessel, unless this is not possible for security reasons. The master shall facilitate the discharging of the scientific observer's tasks.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 16 

1. A fisheries administration must establish a programme for observer coverage to ensure the collection of relevant, timely and accurate data on the catch and by-catch of deep-sea species and encounters with VMEs and other relevant information for the effective implementation of this Regulation. Vessels using bottom trawls or bottom set gillnets with a fishing authorisation to target deep-sea species shall be subject to at least 20 % observer coverage, excluding vessels that, for security reasons, are not suitable to receive an observer. All other vessels with an authorisation to catch deep-sea species shall be subject to at least 10 % observer coverage, excluding vessels that, for security reasons, are not suitable to receive an observer.
2. Where an operator has been requested by a fisheries administration to receive an observer on board its vessel, the absence of an observer for reasons beyond the control of the operator shall not prevent that vessel from leaving the port.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. By way of derogation from Article 2, this Article shall apply mutatis mutandis to fishing for deep-sea species by vessels using bottom trawls or bottom set gillnets in the Regulatory Area of the NEAFC.
Article 17 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 18 

1. Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.
2. For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 .
3. Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 .
4. A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
5. A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
6. Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
7. Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954  as if they were a statutory instrument within the meaning of that Act.
8. Such regulations may—
(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));
(b) make different provision for different purposes.
Article 19 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 20 

1. Regulation (EC) No 2347/2002 is repealed.
2. References to the repealed Regulation shall be construed as references to this Regulation.
3. By way of derogation from paragraph 1 of this Article, Articles 3, 7 and 9 of Regulation (EC) No 2347/2002 shall continue to apply to Union fishing vessels carrying out fishing activities in the Regulatory Area of NEAFC.
4. Special fishing permits issued in accordance with Regulation (EC) No 2347/2002 shall remain valid for a maximum period of one year after 12 January 2017.
Article 21 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...Done at Strasbourg, 14 December 2016.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
I. KORČOK
ANNEX I

Scientific name Common name Most vulnerable (x)
Centrophorus spp. Gulper sharks 
Centroscyllium fabricii Black dogfish x
Centroscymnus coelolepis Portuguese dogfish x
Centroscymnus crepidater Longnose velvet dogfish x
Dalatias licha Kitefin shark x
Etmopterus princeps Greater lanternshark x
Apristuris spp. Iceland catshark 
Chlamydoselachus anguineus Frilled shark 
Deania calcea Birdbeak dogfish 
Galeus melastomus Blackmouth dogfish 
Galeus murinus Mouse catshark 
Hexanchus griseus Bluntnose six-gilled shark x
Etmopterus spinax Velvet belly 
Oxynotus paradoxus Sailfin roughshark (Sharpback shark) 
Scymnodon ringens Knifetooth dogfish 
Somniosus microcephalus Greenland shark 
Alepocephalidae Smoothheads (Slickheads) 
Alepocephalus Bairdii Baird's smoothhead 
Alepocephalus rostratus Risso's smoothhead 
Aphanopus carbo Black scabbardfish 
Argentina silus Greater silver smelt 
Beryx spp. Alfonsinos 
Chaceon (Geryon) affinis Deep-water red crab 
Chimaera monstrosa Rabbitfish (rattail) 
Hydrolagus mirabilis Large-eyed rabbitfish (Ratfish) 
Rhinochimaera atlantica Straightnose rabbitfish 
Coryphaenoides rupestris Roundnose grenadier 
Epigonus telescopus Black cardinalfish x
Helicolenus dactilopterus Bluemouth (Bluemouth redfish) 
Hoplostethus atlanticus Orange roughy x
Macrourus berglax Roughhead grenadier (Rough rattail) 
Molva dypterigia Blue ling 
Mora moro Common mora 
Antimora rostrata Blue antimora (Blue hake) 
Pagellus bogaraveo Red (blackspot) seabream 
Polyprion americanus Wreckfish 
Reinhardtius hippoglossoides Greenland halibut 
Cataetyx laticeps  
Hoplosthetus mediterraneus Silver roughy (Pink) 
Macrouridae other than Coryphaenoidesrupestris and Macrourusberglax Grenadiers (rattails) other than roundnose grenadier and roughhead grenadier 
Nesiarchus nasutus Black gemfish 
Notocanthus chemnitzii Snubnosed spiny eel 
Raja fyllae Round skate 
Raja hyperborea Arctic skate 
Raja nidarosiensus Norwegian skate 
Trachyscorpia cristulata Spiny (deep-sea) scorpionfish 
Lepidopus caudatus Silver scabbardfish (Cutlass fish) 
Lycodes esmarkii Greater eelpout 
Sebastes viviparus Small redfish (Norway haddock) 
ANNEX II
1. A fisheries administration must  ensure that data collected for an area that comprises both United Kingdom waters and international waters are further disaggregated so that they refer to  United Kingdom  waters or international waters separately.

2. Where the activity in the deep-sea métier overlaps with activity in another métier in the same area, the data collection concerning the former shall be carried out separately from the data collection concerning the latter.

3. Discards shall be sampled in all deep-sea métiers. The sampling strategy for landings and discards shall cover all the species listed in Annex I, as well as species belonging to the seabed ecosystem such as deep-water corals, sponges or other organisms belonging to the same ecosystem.

4. An observer deployed on board shall be requested to identify and document the weight of any stony coral, soft coral, sponges or other organisms belonging to the same ecosystem taken on board by the vessel's gear.

5. 

((a)) geographical location of the fishing activities on a haul-by-haul basis, from VMS data transmitted by the vessel to the fisheries monitoring centre;
((b)) the fishing depths at which the gears are deployed in the event that the vessel is subject to reporting by electronic logbook. The master of the vessel shall notify fishing depth following the standardised reporting format.

ANNEX III

The following is a list of VME habitat types, with the taxa most likely to be found in those habitats which shall be considered as VME indicators.

VME Habitat type Representative Taxa

1. Cold-water coral reef
 

(a) Lophelia pertusa reef
 Lophelia pertusa

(b) Solenosmilia variabilis reef
 Solenosmilia variabilis

2. Coral garden
 

(a) Hard bottom garden
 

(i) Hard bottom gorgonian and black coral gardens
 AnthothelidaeChrysogorgiidaeIsididae, KeratoisidinaePlexauridaeAcanthogorgiidaeCoralliidaeParagorgiidaePrimnoidaeSchizopathidae

(ii) Colonial scleractinians on rocky outcrops
 Lophelia pertusaSolenosmilia variabilis

(iii) Non-reefal scleractinian aggregations
 Enallopsammia rostrataMadrepora oculata

(b) Soft-bottom coral gardens
 

(i) Soft-bottom gorgonian and black coral gardens
 Chrysogorgiidae

(ii) Cup-coral fields
 Caryophylliidae

(iii) Cauliflower coral fields
 FlabellidaeNephtheidae

3. Deep-sea sponge aggregations
 

(a) Other sponge aggregations
 GeodiidaeAncorinidaePachastrellidae

(b) Hard-bottom sponge gardens
 AxinellidaeMycalidaePolymastiidaeTetillidae

(c) Glass sponge communities
 RossellidaePheronematidae

4. Sea pen fields
 AnthoptilidaePennatulidaeFuniculinidaeHalipteridaeKophobelemnidaeProtoptilidaeUmbellulidaeVigulariidae

5. Tube-dwelling anemone patches
 Cerianthidae

6. Mud- and sand-emergent fauna
 BourgetcrinidaeAntedontidaeHyocrinidaeXenophyophoraSyringamminidae

7. Bryzoan patches
 
ANNEX IV

An encounter with a possible VME is defined as:

((a)) for a trawl tow, and other fishing gear than longlines: the presence of more than 30 kg of live coral and/or 400 kg of live sponge of VME indicators; and
((b)) for a longline set: the presence of VME indicators on 10 hooks per 1 000 hook segment or per 1 200 m section of longline, whichever is the shorter.
