(1)in point (c) of Article 4(2), point (b) of Article 46(1) and in Annex I, footnote (5), the noun ‘Community’, or the corresponding adjective, is replaced by ‘Union’, with any necessary grammatical changes being made;
(2)Article 1a is deleted;
(3)in Article 3, the following point is added:‘(i)unintended catches shall mean incidental catches of marine organisms which, under Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the Councilnote, 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.
(4)Article 4 is amended as follows:
(a)in paragraph 1, the following subparagraph is added:‘Fishing for any species listed in Annexes I to V using a mesh size smaller than the range specified for the target species listed in those Annexes shall be prohibited.’;
(b)in paragraph 4, the following subparagraph is added:‘Points (a) and (b) of the first subparagraph shall not apply to unintended catches of species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Those unintended catches shall be landed and counted against quotas.’;
(5)in Article 7(5), the following subparagraphs are added:‘The first subparagraph shall not apply to unintended catches of crustaceans of the genus Pandalus subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Those unintended catches shall be landed and counted against quotas.Fishing for crustaceans of the genus Pandalus using nets with a mesh size in the range of 32 to 54 millimetres without the equipment specified in the first subparagraph shall be prohibited.’;
(6)in Article 10, the following paragraph is added:‘Point (b) of the first paragraph shall not apply to unintended catches of species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Those unintended catches shall be landed and counted against quotas.’;
(7)in Article 11(1), the following subparagraph is)added:‘Point (a) of the first subparagraph shall not apply to unintended catches of species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Those unintended catches shall be landed and counted against quotas.’;
(8)Article 15 is replaced by the following:‘Article 151.Where marine organisms of a species subject to the landing obligation are caught in excess of permitted percentages or quantities specified in Articles 20(2), 21(2), 22(2)(b), 27(2), 29(4)(b), 29b(2), 29b(4), 29d(5)(d), 29d(6)(d), 29d(7)(c), 29f(1), 34b(2)(c) and 34b(10) of this Regulation and Annexes I to VII, X and XI hereto, Article 15 of Regulation (EU) No 1380/2013 shall apply. Those unintended catches shall be landed and counted against quotas.2.Marine organisms of a species not subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 which are caught in excess of permitted percentages specified in Articles 20(2), 21(2), 22(2)(b), 27(2), 29(4)(b), 29b(2), 29b(4), 29d(5)(d), 29d(6)(d), 29d(7)(c), 29f(1), 34b(2)(c) and 34b(10) of this Regulation and Annexes I to VII, X and XI hereto, shall not be landed but shall be returned immediately to the sea.’;
(9)Article 17 is replaced by the following:‘Article 17A marine organism is undersized if its dimensions are below the minimum conservation reference size specified in Annexes XII and XIIa for the relevant species and the relevant geographical area, or a minimum conservation reference size otherwise fixed in accordance with Union law. Except where minimum conservation reference sizes have been established in an act adopted in accordance with Article 15(6) of Regulation (EU) No 1380/2013, the minimum conservation reference sizes established in Annexes XII and XIIa to this Regulation shall apply.’;
(10)the following Article is inserted:‘Article 18aProcedure for establishing minimum conservation reference sizes in the context of discard plansThe Commission shall be empowered, for the purpose of adopting the acts referred to in Article 15(6) of Regulation (EU) No 1380/2013 and for the duration thereof, to establish minimum conservation reference sizes for species subject to the landing obligation set out in Article 15 of that Regulation. Such sizes shall be established by means of a delegated act adopted in accordance with Article 48a of this Regulation and Article 18 of Regulation (EU) No 1380/2013 with the aim of ensuring the protection of juveniles of marine organisms and may derogate, where appropriate, from the minimum conservation reference sizes established in Annexes XII and XIIa to this Regulation.’;
(11)Article 19 is replaced by the following:‘Article 191.For catches of undersized marine organisms of a species subject to the landing obligation, Article 15 of Regulation (EU) No 1380/2013 shall apply.2.Where catches as referred to in paragraph 1 have been landed, Member States shall have in place measures to facilitate their storage or for finding outlets for them, such as support for investment in the construction and adaptation of landing sites and shelters, or support for investments to add value to fishery products.3.Undersized marine organisms of a species not subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 shall not be retained on board, trans-shipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.4.Paragraphs 1 and 3 shall not apply to sardine, anchovy, herring, horse mackerel and mackerel, within a limit of 10 % by live weight of the total catches retained on board of each of those species.The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.The percentage may be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during trans-shipment, landing, transportation, storage, display or sale.5.Paragraph 3 shall not apply to undersized sardine, anchovy, horse mackerel and mackerel caught for use as live bait, which may be retained on board provided they are retained alive.’;
(12)in Article 19a, the following paragraph is added:‘3.Paragraphs 1 and 2 shall not apply to catches or species which are exempted from the application of the landing obligation in accordance with Article 15(4) of Regulation (EU) No 1380/2013.’;
(13)in Article 20, the following paragraph is added:‘4.Where herring is subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, paragraph 1 of this Article shall not apply.Fishing for herring within the geographical areas and during the periods referred to in paragraph 1 shall be prohibited when using:
(a)a towed gear with a mesh size of less than 55 mm;
(b)purse seines;
(c)gillnets, entangling nets, trammel nets with a mesh size of less than 55 mm; or
(d)drift nets with a mesh size of less than 55 mm except when in accordance with paragraph 3.’
;
(14)in Article 20a, the following paragraphs are added:‘Where herring is subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, the first paragraph of this Article shall not apply. Unintended catches of herring shall be landed and counted against quotas.Fishing for herring within the geographical area and during the periods referred to in the first paragraph shall be prohibited when using:
(a)a towed gear with a mesh size of less than 55 mm;
(b)purse seines; or
(c)gillnets, entangling nets, trammel nets and drift nets with a mesh size of less than 55 mm.’
;
(15)in Article 21, the following paragraph is added:‘3.Where sprat is subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, paragraph 1 of this Article shall not apply.Fishing for sprat within the geographical areas and during the periods referred to in paragraph 1 shall be prohibited when using:
(a)a towed gear with a mesh size of less than 32 mm;
(b)purse seines; or
(c)gillnets, entangling nets, trammel nets and drift nets with a mesh size of less than 30 mm.’
;
(16)in Article 22(1), the following subparagraphs are added:‘Where mackerel is subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, the first subparagraph of this paragraph shall not apply.Fishing for mackerel within the geographical area referred to in the first subparagraph shall be prohibited where more than 15 % of the catch for that species is caught using:
(a)a towed gear with a mesh size of less than 70 mm; or
(b)purse seines.’
;
(17)in Article 23(1), the following subparagraphs are added:‘Where anchovy is subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, the first subparagraph of this paragraph shall not apply. Unintended catches of anchovy shall be landed and counted against quotas.Fishing for anchovy with pelagic trawls within the geographical area referred to in the first subparagraph shall be prohibited.’;
(18)in Article 27, the following paragraph is added:‘3.Where Norway pout is subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, paragraph 1 of this Article shall not apply.Fishing for Norway pout within the geographical area referred to in paragraph 1 shall be prohibited when using a towed gear with a mesh size of less than 32 mm.’;
(19)in point (b) of Article 29(4), the following subparagraphs are added:‘Where sand eel and/or sprat and plaice and/or sole are subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, paragraphs (i), (ii) and (iii) of this point shall not apply.Fishing for sand eel and/or sprat and plaice and/or sole by vessels using fishing gears not specified in this point shall be prohibited.’;
(20)in Article 29a(1), the following subparagraphs are added:‘Where sand eel is subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, the first subparagraph of this paragraph shall not apply. Unintended catches of sand eel shall be landed and counted against quotas.Fishing for sand eel using a towed gear with a mesh size of less than 32 mm within the geographical area referred to in the first subparagraph shall be prohibited.’;
(21)Article 29b is amended as follows:
(a)in paragraph 2, the following subparagraphs are added:‘Where Norway lobster is subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, the first subparagraph of this paragraph shall not apply.Fishing for Norway lobster using the fishing gear and within the geographical areas referred to in paragraph 1 shall be prohibited.’;
(b)in paragraph 4, the following subparagraphs are added:‘Where Norway lobster is subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, the first subparagraph of this paragraph shall not apply.Fishing for Norway lobster within the geographical areas and outside the periods referred to in paragraph 1 shall be prohibited.’;
(22)Article 29c is replaced by the following:‘Article 29cRockall haddock box in ICES sub-area VIAll fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
—57°00′ N, 15°00′ W
—57°00′ N, 14°00′ W
—56°30′ N, 14°00′ W
—56°30′ N, 15°00′ W
—57°00′ N, 15°00′ W.’
;
(23)Article 29d is amended as follows:
(a)in paragraph 3, the following subparagraphs are added:‘Where the species referred to in point (b) of the first subparagraph, as well as other species subject to catch limits, are caught using the fishing gear referred to in point (a) of the first subparagraph, and those species are subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, point (b) of the first subparagraph shall not apply. Unintended catches of those species shall be landed and counted against quotas.Fishing for the species not listed in point (b) of the first subparagraph shall be prohibited.’;
(b)in paragraph 4, the following subparagraphs are added:‘Where the species referred to in point (b) of the first subparagraph, as well as other species subject to catch limits, are caught using the fishing gear referred to in point (a) of the first subparagraph, and those species are subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, point (b) of the first subparagraph shall not apply. Unintended catches of those species shall be landed and counted against quotas.Fishing for the species not listed in point (b) of the first subparagraph shall be prohibited.’;
(24)in Article 29e(2), the following subparagraphs are added:‘Where the species referred to in point (b) of the first subparagraph, as well as other species subject to catch limits, are caught using the fishing gear referred to in point (a) of the first subparagraph, and those species are subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, point (b) of the first subparagraph shall not apply. Unintended catches of those species shall be landed and counted against quotas.Fishing for the species not listed in point (b) of the first subparagraph shall be prohibited.’;
(25)in Article 29f, the following paragraph is inserted:‘1a.Where blue ling is subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, paragraph 1 of this Article shall not apply.Fishing for blue ling using any fishing gear within the period and areas referred to in paragraph 1 shall be prohibited.’;
(26)Article 35 is deleted;
(27)the following Article is inserted:‘Article 47Procedure for adopting technical measures in the context of discard plansThe Commission shall be empowered, for the purpose of adopting the acts referred to in Article 15(6) of Regulation (EU) No 1380/2013 and for the duration thereof, to adopt specific provisions regarding fisheries or species subject to the landing obligation that consist of technical measures referred to in Article 7(2) of that Regulation. Such measures shall be adopted by means of a delegated act adopted in accordance with Article 48a of this Regulation and Article 18 of Regulation (EU) No 1380/2013, with the aim of increasing gear selectivity or reducing or, as far as possible, eliminating unwanted catches, and may, where appropriate, derogate from the measures set out in this Regulation.’;
(28)the following Article is inserted:‘Article 48aExercise of delegation1.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.2.The power to adopt delegated acts referred to in Articles 18a and 47 shall be conferred on the Commission for a period of 5 years from 1 June 2015.3.The delegation of power referred to in Articles 18a and 47 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.4.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.5.A delegated act adopted pursuant to Articles 18a and 47 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.’;
(29)in Annexes XII and XIIa, the term ‘Minimum size/s’ is replaced by the term ‘Minimum conservation reference size/s’.