(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 (‘Habitats Directive’) (2), Article 4 of Directive 2009/147/EC of the European Parliament and of the Council (‘Birds Directive’) (3) and Article 13(4) of Directive 2008/56/EC of the European Parliament and of the Council (‘Marine Strategy Framework Directive’) (4).

(2)

Article 6 of the Habitats Directive 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 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 the Habitats Directive, special protection areas pursuant to the Birds Directive 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)

Pursuant to Article 11(2) of Regulation (EU) No 1380/2013, where a Member State considers that measures need to be adopted to comply with the obligations under Union environmental legislation referred to in Article 11(1) of Regulation (EU) No 1380/2013 and other Member States have a direct management interest in the fishery to be affected by such measures, the Commission is empowered to adopt such measures by means of delegated acts upon a joint recommendation submitted by the concerned Member States.

(5)

Commission Delegated Regulation (EU) 2017/117 (5) establishes conservation measures for the protection of the marine environment in certain marine protected areas in the Baltic Sea.

(6)

On 9 September 2024, Sweden (the initiating Member State), together with Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland (the Baltic Sea Member States, hereinafter ‘BALTFISH’) submitted a joint recommendation to the Commission proposing to prohibit fishing with static nets without the simultaneous use of acoustic deterrent devices (ADD) in the Natura 2000 site Havet kring Ven (SE0430183).

(7)

Following a scientific research carried out by Sweden in the Havet kring Ven site in the Baltic sea in the period between 2017 and 2020, it was established that harbour porpoises (species code 1351), sandbanks (habitat type 1110), reefs (habitat type 1170) and grey seals (species code 1364) were to be protected. The main purpose of the proposed measure is to reduce the risk of bycatch of the Belt Sea harbour porpoise.

(8)

The Scientific, Economic and Technical Committee for Fisheries (STECF) reviewed the joint recommendation in the plenary of 11-15 November 2024 (6) and concluded that the measures proposed may reduce the incidental catches of animals navigating the area. However, the STECF also raised concerns about potential problems related to the density of netters using acoustic deterrent devices and the risk of displacing harbour porpoises from the site, concluding that a more effective measure would be to prohibit all fishing with nets in the area. The STECF also stressed that extensive ongoing research projects will continue delivering results on alternatives to acoustic deterrent devices, with other possible long-term solutions.

(9)

Following the STECF advice, on 5 February 2025, BALTFISH submitted an updated joint recommendation proposing a possible revision of the measures in 2026, in view of the data on incidental catches or a new scientific advice in this regard.

(10)

Considering that the proposed measures may reduce the incidental catches of animals navigating the area, the Commission considers that they contribute to the objective of reducing unwanted catches, minimising the negative impacts of fishing activities on the marine ecosystem. Delegated Regulation (EU) 2017/117 should therefore be amended to include them. The Member States concerned should however review the data on incidental catches of harbour porpoise annually and assess it by no later than 31 December 2026. 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.

(11)

For the purpose of this Delegated Regulation, the definition of static nets, in accordance with Regulation (EU) 2019/1241 of the European Parliament and of the Council (7), should be added to Article 2 of Delegated Regulation (EU) 2017/117.

(12)

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

(1)

Article 2 is replaced by the following:

(*1)  Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2011/404/oj).’;"

(2)

in Article 3, the following paragraph 3 is added:

(3)

in Article 4, paragraph 1 is replaced by the following:

(*2)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/1224/oj)."

(4)

in Article 4a, the following paragraph 2a is added:

(*3)  Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10, ELI: http://data.europa.eu/eli/dir/2002/59/oj).’."