(1)

Annex XIII to Regulation (EU) 2019/1241 lays down rules at regional level regarding mitigation measures to reduce incidental catches of sensitive species including cetaceans, by detailing restricted areas, periods and gear limitations.

(2)

Among others, that Regulation provides for specific measures to reduce incidental catches of the common dolphin and other small cetaceans in the Bay of Biscay (ICES subarea 8). These measures include: (i) the use of acoustic deterrent devices for all mid-water pelagic trawls and demersal twin trawls; (ii) a fishing closure from 22 January to 20 February; and (iii) a set of ancillary measures to collect scientific data on incidental catches of small cetaceans in the logbook, as well as recordings made by covering certain percentages of the fishing effort with observers or electronic monitoring systems incorporating cameras on board.

(3)

Those specific measures, introduced in Regulation (EU) 2019/1241 by Commission Delegated Regulation (EU) 2024/3089 (2), expire on 31 December 2025. By a joint recommendation submitted on 6 June 2025, the South Western Waters regional group (Belgium, Spain, France, the Netherlands and Portugal) requests the prolongation of the relevant measures currently set out in Annex XIII to Regulation (EU) 2019/1241 for small cetaceans in the Bay of Biscay.

(4)

As these measures contribute to reducing incidental catches of common dolphin in the Bay of Biscay, they should be prolonged until 31 December 2026.

(5)

In addition to requesting the prolongation of the existing measures, the joint recommendation of 6 June 2025 proposes an increase in the observer coverage of the total fishing effort measured in days at sea to at least 7 % for trammel nets (GTR) and set (anchored) gillnets (GNS) between January and March.

(6)

Since the management measures are the same as those that have applied in 2025 and the monitoring measures have improved, the conclusions of STECF advice of July 2024 (3) on the management and monitoring measures still stand, the Commission considers that prolonging the measures until end of 2026 is justified.

(7)

The Expert Group on Fisheries and Aquaculture was consulted on 8 July 2025.

(8)

This Delegated Regulation is without prejudice to additional measures for the protection of the common dolphin and other small cetaceans that the Commission may adopt under Union law, including in relation to the enforcement of Council Directive 92/43/EEC (4) or, in case of duly justified imperative grounds of urgency relating to a serious threat to the conservation of marine biological resources or to the marine ecosystem pursuant to Article 12 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (5), and more stringent national measures that Member States may adopt for that purpose in their waters in accordance with Regulations (EU) No 1380/2013 and (EU) 2019/1241.

(9)

As the measures provided for in this Regulation have a direct impact on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force on the day following that of its publication. Since the measures to be prolonged expire on 31 December 2025, this Regulation should apply with effect from 1 January 2026 in order to ensure legal continuity.

(10)

Regulation (EU) 2019/1241 should therefore be amended accordingly,