THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, and in particular Article 24(1)(e) thereof,
Whereas:
(1)
A number of acoustic devices have been developed to deter cetaceans from fishing gear, and have proven successful in reducing incidental by-catch of cetacean species in static net fisheries. The use of such devices is required in areas and fisheries with known or foreseeable high levels of by-catch of cetaceans, as established in Annex XIII Part A Point 1.1 of Regulation (EU) 2019/1241.
(2)
Regulation (EU) 2019/1241 simplifies the existing legal framework for technical conservation measures in the European Union, which had become highly complex over the years. As part of the simplification, Regulation (EU) 2019/1241 repealed Council Regulation (EC) No 812/2004, laying down measures concerning incidental catches of cetaceans in fisheries, and took over only the core technical measures to mitigate incidental catches, such as the requirement to use the fishing gear in specific areas with acoustic deterrent devices to reduce incidental catches of cetaceans.
(3)
Detailed technical specifications for the efficiency of acoustic deterrent devices that were established in Article 3 and Annex II of Council Regulation (EC) No 812/2004 were not taken over by Regulation (EU) 2019/1241. Accordingly, this Regulation should establish such detailed technical specifications or conditions for the use of acoustic deterrent devices required now under Annex XIII Part A Point 1.1 of Regulation (EU) 2019/1241, similarly to those previously specified in Article 3 and Annex II of Regulation (EC) No 812/2004.
(4)
Nevertheless, following advice of the Scientific, Technical and Economic Committee for Fisheries (STECF), the development of new acoustic deterrent devices should not be constrained by technical specifications. Member States should, therefore, be allowed, for the purpose of this Regulation, to authorise the use of newly developed and efficient types of acoustic deterrent devices not in conformity with the technical specifications laid down in this Regulation, provided there is evidence that such devices are at least as effective in reducing incidental by-catch of cetacean species as those set in Regulation (EU) 2019/1241 (including further implementing rules adopted under this Regulation). It is therefore appropriate to establish the conditions under which the Member States can authorise use of acoustic deterrent devices that fulfil such alternative technical specifications or conditions.
(5)
In view of the deficiencies highlighted by reports on the control and implementation of the provisions on technical specifications for the use of the acoustic deterrent devices received by the Commission so far, this Regulation should clarify that the acoustic deterrent devices need to be functional during the whole duration of the fishing operation, and not only at the moment when nets are set.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION: