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. 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). Nevertheless, following advice of the Scientific, Technical and Economic Committee for Fisheries (STECF) ( 3), the development of new acoustic deterrent devices should not be constrained by technical specifications. 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. As part of the simplification, Regulation (EU) 2019/1241 repealed Council Regulation (EC) No 812/2004 ( 2), laying down measures concerning incidental catches of cetaceans in fisheries, and took over only the core technical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.ĭetailed 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. 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.
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. 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 ( 1), and in particular Article 24(1)(e) thereof,Ī 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. Having regard to the Treaty on the Functioning of the European Union, Laying down the detailed rules on the signal and implementation characteristics of acoustic deterrent devices as referred to in Part A of Annex XIII of Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)ĬOMMISSION IMPLEMENTING REGULATION (EU) 2020/967 Commission Implementing Regulation (EU) 2020/967 of 3 July 2020 laying down the detailed rules on the signal and implementation characteristics of acoustic deterrent devices as referred to in Part A of Annex XIII of Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures
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