(1)

Pursuant to Article 11(1) of Regulation (EU) No 1380/2013, Member States are empowered to adopt fisheries conservation measures in their waters that are necessary to comply with their obligations under Article 6 of Council Directive 92/43/EEC (2) (‘Habitats Directive’), Article 4 of Directive 2009/147/EC of the European Parliament and of the Council (3) (‘Birds Directive’) and Article 13(4) of Directive 2008/56/EC of the European Parliament and of the Council (4) (‘Marine Strategy Framework Directive’).

(2)

Article 6 of Directive 92/43/EEC requires Member States to establish the necessary conservation measures for special areas of conservation which correspond to the ecological requirements of those natural habitat types and species protected in the sites. It also requires Member States to take appropriate steps to avoid the deterioration of natural habitats and species habitats, as well as significant disturbance of the species for which the areas have been designated.

(3)

In accordance with Article 13(4) of the Marine Strategy Framework Directive, Member States are to adopt programmes of measures to achieve or maintain good environmental status, including spatial protection measures that contribute to coherent and representative networks of marine protected areas, and adequately cover the diversity of the constituent ecosystems, such as special areas of conservation pursuant to Directive 92/43/EEC, special protection areas pursuant to Directive 2009/147/EC and marine protected areas as agreed by the Union or Member States concerned in the framework of international or regional agreements to which they are parties.

(4)

Commission Delegated Regulation (EU) 2017/118 (5) establishes conservation measures for the protection of the marine environment in certain marine protected areas in the North Sea.

(5)

On 6 November 2024, Sweden, as the initiating Member State, together with Denmark and Germany – with direct management interest in the fishery – and the other North Sea Member States, submitted a joint recommendation to the Commission on conservation measures for the site Nordvästra Skånes havsområde with the focus of minimising the potential risk of incidental catches of harbour porpoise. The proposal includes a no-take zone and two other zones where mobile bottom contacting gears are prohibited and fishing with static nets, longlines and fyke nets is restricted.

(6)

In its plenary session of 24–28 March 2025, the Scientific, Technical and Economic Committee for Fisheries (STECF) reviewed the joint recommendation and concluded (6) that the no-take zone would eliminate any negative impact of fishing activity on the marine environment and the use of acoustic deterrent devices (ADD) might reduce the incidental catches of marine mammals and birds navigating the zones. The STECF also raised concerns on the use of ADD related to the density of netters and the risk of displacing harbour porpoises from their habitat. The STECF also referred to a more effective measure that would consist of prohibiting all fishing with nets in the area. Regarding recreational fisheries, the STECF concluded that restricting recreational fyke net fishing to the northern and southern zones may help reduce by catch of marine mammals and birds.

(7)

On 17 June 2025, the North Sea Member States submitted an updated joint recommendation proposing a possible revision of the measures in 2027, in view of the data on incidental catches or any new appropriate scientific advice.

(8)

In October 2025, the North Sea Member States further clarified the scope of the permits that may be granted in the southern area of Nordvästra Skånes havsområde, in order to align the joint recommendation with its corresponding provision in the supporting document. Considering that the proposed measures may reduce the incidental catches of marine mammals and birds in the northern and southern zones of the site, the Commission considers that they contribute to the objective of reducing unwanted catches and minimising the negative impacts of fishing activities on the marine ecosystem, as set out in Article 2 of Regulation (EU) No 1380/2013. The Member States concerned should also review the data on incidental catches of harbour porpoise annually and assess it by no later than 31 December 2027 and inform the Commission about the results of such assessment. Any data on incidental catches or any new appropriate data, including scientific advice, relevant for the use of acoustic deterrent devices in relation to harbour porpoise, should be used in order to adjust the conservation measures as appropriate, in accordance with Article 11(2) Regulation (EU) No 1380/2013.

(9)

Delegated Regulation (EU) 2017/118 should therefore be amended accordingly.

(10)

This Delegated Regulation is without prejudice to the need for additional conservation measures necessary to comply with the relevant provisions of Directives 2009/147/EC and 92/43/EEC and the Marine Strategy Framework Directive and the Commission’s position regarding compliance by the interested Member States with their obligations under the relevant Union environmental legislation,

(1)

Article 3 is amended as follows:

(2)

in Article 4, paragraphs 2 and 3 are replaced by the following:

(3)

in Article 5, paragraph 1, point (a) is replaced by the following:

(4)

Annexes I and II are amended in accordance with the Annex to this Regulation.