On the Commission Delegated Regulation 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

B100178/2024

European Parliament resolution on the Commission Delegated Regulation 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

(C2024 – 2024/2842(DEA))

The European Parliament,

– having regard to the Commission delegated regulation (C(2024)06800),

– having regard to Article 290 of 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, and in particular Articles 15(2) and 29(6) thereof,

– having regard to the advice of the International Council for the Exploration of the Sea (ICES) ‘EU request on mitigation measures to reduce bycatches of common dolphin (Delphinus delphis) in the Bay of Biscay’ (ICES Subarea 8) of 29 June 2023,

– having regard to the Decree of 24 October 2023 of the Secretary of State to the French Prime Minister responsible for the sea establishing spatio-temporal measures to reduce incidental catches of small cetaceans in the Bay of Biscay for the years 2024, 2025 and 2026,

– having regard to the Decision of 22 December 2023 of the French Conseil d’Etat amending the Decree of 24 October 2023,

– having regard to the joint Order of 17 January 2024 by the French Minister for Agriculture and Food Sovereignty and the French Minister for Ecological Transition and Territorial Cohesion establishing spatio-temporal measures for foreign-flagged vessels, aimed at reducing incidental catches of small cetaceans in the Bay of Biscay for the year 2024,

– having regard to the Order APA/24/2024 of 18 January 2024 of the Spanish Ministry of Agriculture, Fisheries and Food amending Order APA/1200/2020 of 16 December establishing mitigation measures and improvement of scientific knowledge to reduce incidental catches of cetaceans during fishing activities,

– having regard to the opinion No 172 of 13 May of the South Western Waters Advisory Council on measures to limit incidental catches of cetaceans in the winter of 2024-2025,

– having regard to the 76th Plenary report of the Scientific, Technical and Economic Committee for Fisheries (STECF), published on 26 July 2024,

– having regard to Rule 114(3) of its Rules of Procedure,

A. whereas the delegated regulation is based on the fragmentary preliminary data provided by the Pelagis Observatory;

B. whereas the scientific data provided, quantifying and qualifying incidental catches of small cetaceans, has unjustly penalised the fishing activities in the Bay of Biscay;

C. whereas the Pelagis Observatory lacks transparency, particularly towards the fishermen who requested further information, and whereas there is an urgent need for independent counter-expertise verifying the quality of the data produced by that research institute;

D. whereas the Comité Régional des Pêches Maritimes et des Élevages Marins de Nouvelle-Aquitaine (CRPMEM NA) had to take legal action before the administrative court to assert its right to consult the data;

E. whereas the Pelagis Observatory can only carry out necropsies on 3 % of stranded cetaceans;

F. whereas remote electronic observation systems are likely to provide a better assessment of incidental catches and long-term observation is essential to enable fishermen to invest in the necessary equipment in order to fully contribute to the objective of reducing incidental catches of cetaceans;

G. whereas the socio-economic impact of the ban introduced by the Conseil d’Etat Decree of 24 October 2023 is estimated at around EUR 100 million for the industry as a whole;

H. whereas the extension of the measures taken by the French government has caused considerable damage in 2024, preventing 400 French vessels and 40 Spanish vessels from carrying out their fishing activities;

I. whereas a large number of European maritime cooperatives on the Atlantic seaboard are threatened with bankruptcy and are already considering redundancy plans as a result of the ban;

J. whereas compensation for the fishermen affected by the delegated regulation will be paid from the European Maritime, Fisheries and Aquaculture Fund (EMFAF) funds earmarked for the strategic challenges facing the EU fisheries sector;

K. whereas the ban has considerably reduced the supply of fish to auctions on the Atlantic seaboard and has therefore undermined European food sovereignty;

L. whereas the Commission did not receive all-embracing information taking into account the positions of every stakeholder, enabling it to apply the precautionary principle correctly or to weigh up the socio-economic consequences of the delegated regulation;

1. Objects to the Commission delegated regulation;

2. Instructs its President to forward this resolution to the Commission and to notify it that the delegated regulation cannot enter into force;

3. Instructs its President to forward this resolution to the Council and to the governments and parliaments of the Member States.