Commission Delegated Regulation (EU) 2025/2593 of 11 August 2025 amending Regulation (EU) 2019/1241 of the European Parliament and of the Council as regards the prolongation of the measures to reduce incidental catches of common dolphin (Delphinus delphis) and other small cetaceans in the Bay of Biscay

THE EUROPEAN COMMISSION,

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

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, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 [^ntr1-L_202502593EN.000101-E0001], and in particular Article 15(2) thereof,

Whereas:

• (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 [^ntr2-L_202502593EN.000101-E0002], 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 [^ntr3-L_202502593EN.000101-E0003] 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 [^ntr4-L_202502593EN.000101-E0004] 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 [^ntr5-L_202502593EN.000101-E0005], 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,

HAS ADOPTED THIS REGULATION:

Article 1

Annex XIII to Regulation (EU) 2019/1241 is amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from 1 January 2026 until 31 December 2026.

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

Done at Brussels, 11 August 2025.

For the Commission

The President

Ursula VON DER LEYEN

[^ntr1-L_202502593EN.000101-E0001]: OJ L 198, 25.7.2019, p. 105, ELI: http://data.europa.eu/eli/reg/2019/1241/oj.

[^ntr2-L_202502593EN.000101-E0002]: Commission Delegated Regulation (EU) 2024/3089 of 30 September 2024 amending Regulation (EU) 2019/1241 as regards measures to reduce incidental catches of common dolphin (Delphinus delphis) and other small cetaceans in the Bay of Biscay (OJ L, 2024/3089, 9.12.2024, ELI: http://data.europa.eu/eli/reg_del/2024/3089/oj).

[^ntr3-L_202502593EN.000101-E0003]: European Commission: Joint Research Centre, Scientific, Technical and Economic Committee for Fisheries (STECF) 76th Plenary report (STECF-PLEN-24-02), Prellezo, R., Nord, J. and Doerner, H. editor(s), Publications Office of the European Union, Luxembourg, 2025, https://data.europa.eu/doi/10.2760/1035959, JRC140570.

[^ntr4-L_202502593EN.000101-E0004]: 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, ELI: http://data.europa.eu/eli/dir/1992/43/oj).

[^ntr5-L_202502593EN.000101-E0005]: 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 (OJ L 354, 28.12.2013, p. 22, ELI: http://data.europa.eu/eli/reg/2013/1380/oj).

ANNEX

Part A of Annex XIII to Regulation (EU) 2019/1241 is amended as follows:

• (1) in point 1.1(b), the entry of the for ICES subarea 8 is replaced by the following:

• (2) point 4 is replaced by the following:

• ‘4. Special measures in the Bay of Biscay (ICES Subarea 8)

• 4.1. Fishing prohibition:

Fishing shall be prohibited in French waters up to the outer limit of the exclusive economic zone of France within ICES Subarea 8 between 22 January and 20 February 2026 for vessels above 8 metres carrying on board pelagic trawls (PTM, OTM), bottom pair trawls (PTB), purse seines (PS), set (anchored) gillnets (GNS), trammel nets (GTR) or combined gillnets and trammel nets (GTN).

• 4.2 Monitoring measures:

• 4.2.1. The following monitoring measures shall apply until 31 December 2026.

• 4.2.2. Masters of all Union fishing vessels shall record separately in the fishing logbook incidental catches of common dolphins and other small cetaceans[^ntr*1-L_202502593EN.000301-E0002], in accordance with Article 14(8) of Regulation (EC) No 1224/2009;

• 4.2.3. Member States shall collect data on catches of common dolphins and other small cetaceans through on-board observers or electronic monitoring systems incorporating cameras, by covering:

• — at least 1 % of the total fishing effort measured in number of days at sea for pelagic pair trawls (PTM), bottom pair trawls (PTB), midwater otter trawls (OTM), trammel nets (GTR), set (anchored) gillnets (GNS) and purse seine (PS) fishing all year long,

• — at least 5 % of the total fishing effort measured in number of days at sea for pelagic pair trawls (PTM), bottom pair trawls (PTB) and midwater otter trawls (OTM) fishing from January to March 2026, and

• — at least 7 % of the total fishing effort measured in number of days at sea for trammel nets (GTR) and set (anchored) gillnets (GNS) from January to March 2026.

• 4.2.4. During the high-risk period of incidental catches, vessels may be equipped with electronic monitoring systems incorporating cameras.

[^ntr1-L_202502593EN.000301-E0002]: Species of the family Delphinidae and the family Phocoenidae* that are present (permanently or temporally) in ICES subarea 8.’."

[^ntc1-L_202502593EN.000301-E0002]  Species of the family Delphinidae and the family Phocoenidae* that are present (permanently or temporally) in ICES subarea 8.’.’

[^ntr**-L_202502593EN.000301-E0001]: This measure shall apply until 31 December 2026.’

ELI: http://data.europa.eu/eli/reg_del/2025/2593/oj

ISSN 1977-0677 (electronic edition)