Commission Delegated Regulation (EU) 2024/2943 of 17 September 2024 amending Delegated Regulation (EU) 2017/117 as regards fisheries conservation measures in the Baltic Sea areas of Fehmarnbelt, Kadetrinne, Westliche Rönnebank, Adlergrund and Pommersche Bucht mit Oderbank

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (1), and in particular Article 11(2) thereof,

Whereas:

(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 that correspond to the ecological requirements of those natural habitat types and species present on the sites as listed in the Annexes of that Directive.

(3) Pursuant to Article 13(4) of Directive 2008/56/EC, Member States are to adopt programmes of measures, including spatial protection measures to achieve or maintain good environmental status 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 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 its obligations under Union environmental legislation 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 fisheries conservation measures in certain marine protected areas in the Baltic Sea.

(6) On 7 September 2022, after having consulted the Baltic Sea Advisory Council (BSAC), Germany (initiating Member State) together with Denmark, Estonia, Latvia, Lithuania, Poland, Finland and Sweden (the Baltic Sea Member States ‘BALTFISH’) submitted to the Commission a joint recommendation regarding fisheries conservation measures in five Special Areas of Conservation: Fehmarnbelt, Kadetrinne, Westliche Rönnebank, Adlergrund and Pommersche Bucht mit Oderbank, in the German Exclusive Economic Zone in the Baltic Sea.

(7) The joint recommendation proposed fisheries conservation measures to protect sandbanks (habitat type 1110) and reefs (habitat type 1170) from the impact of mobile bottom contacting gears in part of Fehmarnbelt, Kadetrinne and Pommersche Bucht mit Oderbank, and the entire sites of Westliche Rönnebank and Adlergrund. The joint recommendation acknowledges that the collective pressure of human activities is too high and contributes to the unfavourable environmental status of species and biotopes in the Baltic Sea. To contribute to achieve good environmental status and Marine Strategy Framework Directive targets, the impacts of fisheries on specific ecosystem components need to be reduced.

(8) The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the joint recommendation in its Plenary 14–18 November 2022 and concluded (6) that the measures represent a positive initiative that will provide enhanced protection for the reefs and sandbanks in the areas concerned. According to the STECF, if implemented and enforced as intended, they will contribute to minimising the impacts on the seabed structures (reefs and sandbanks) in the specified areas of the Special Areas of Conservation (SAC) concerned and which they are designed to protect.

(9) The Commission therefore agrees that the measures proposed in the joint recommendation submitted by BALTFISH should be included in Delegated Regulation (EU) 2017/117.

(10) In February 2023, the Commission contacted the BALTFISH Member States suggesting modifications to harmonise control provisions related to the application of Article 50 of Council Regulation (EC) No 1224/2009 (7) across restricted areas in the Baltic Sea. BALTFISH agreed to these amendments on 23 February 2023.

(11) Delegated Regulation (EU) 2017/117 should therefore be amended accordingly.

(12) This Delegated Regulation is without prejudice to the need for additional conservation measures necessary to comply with Article 13(4) of Directive 2008/56/EC, Article 4 of Directive 2009/147/EC or Article 6 of Directive 92/43/EEC and the Commission’s position regarding compliance by the interested Member States with their obligations under the relevant Union environmental legislation,

HAS ADOPTED THIS REGULATION:

Article 1

Delegated Regulation (EU) 2017/117 is amended as follows:

(3) Article 4 is replaced by the following: ‘Article 4 Transit (*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).’;"

(5) The Annex is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 September 2024.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 354, 28.12.2013, p. 22.

(2) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. (OJ L 206, 22.7.1992, p. 7).

(3) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds. (OJ L 20, 26.1.2010, p. 7).

(4) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).

(5) Commission Delegated Regulation (EU) 2017/117 of 5 September 2016 establishing fisheries conservation measures for the protection of the marine environment in the Baltic Sea and repealing Delegated Regulation (EU) 2015/1778 (OJ L 19, 25.1.2017, p. 1).

(6) Scientific, Technical and Economic Committee for Fisheries (STECF) – 71st Plenary report (STECF-PLEN-22-03). Publications Office of the European Union, Luxembourg, 2023, doi:10.2760/016673, JRC132078.

(7) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community 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).