Commission Delegated Regulation (EU) 2023/828 of 2 February 2023 correcting Delegated Regulation (EU) 2020/2015 as regards the survivability exemption for common sole catches by vessels under 12 metres long and using otter bottom trawls, in the Western Waters, ICES division 7e, for 2023

Article 4(1) of Delegated Regulation (EU) 2020/2015 is replaced by the following:

1. The survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to:

in ICES division 7d, within six nautical miles of the coast but outside identified nursery areas, 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 to 99 mm, by vessels:

having a maximum length of 10 metres and a maximum engine power of 221 kW; and

fishing in waters with the depth of 30 metres or less and with tow durations of no more than 90 minutes;

in ICES division 7e, within six nautical miles of the coast but outside identified nursery areas, to catches of common sole (Solea solea) below the minimum conservation reference size made using otter trawl gears (gear code: OTB) with a cod end mesh size of 80 to 99 mm, by vessels under 12 metres.

Article 2

Date of entry into force and period of 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 2023 until 31 December 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 February 2023.

For the Commission

The President

Ursula von der Leyen