On the Commission delegated regulation of 27 February 2026 amending Regulation (EU) 2019/1241 as regards the establishment of measures to ensure compliance with existing mitigation measures to reduce incidental catches of the resident population of the Baltic Proper harbour porpoise (Phocoena phocoena) in the Baltic Sea

B100274/2026

European Parliament resolution on the Commission delegated regulation of 27 February 2026 amending Regulation (EU) 2019/1241 as regards the establishment of measures to ensure compliance with existing mitigation measures to reduce incidental catches of the resident population of the Baltic Proper harbour porpoise (Phocoena phocoena) in the Baltic Sea

(C(2026)01240 – 2026/2633(DEA))

– having regard to the Commission delegated regulation (C(2026)01240),

– having regard to Article 290 of the Treaty on the Functioning of the European Union,

– having regard to Regulation (EU) No 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) No 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 Article 15(2) and Article 29(6) thereof,

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

A. whereas the Baltic Proper harbour porpoise is a strictly protected species under Council Directive 92/43/EEC and its conservation is an important objective of Union law;

B. whereas Parliament fully recognises the need to reduce incidental catches of sensitive marine species, including harbour porpoise, and to ensure that conservation measures are effective, science-based, including by reference to opinions of the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF) and properly enforced;

C. whereas conservation measures adopted under the common fisheries policy must also be consistent with the economic, social and employment objectives of that policy, including the need to provide conditions for an economically viable fishing sector and to contribute to a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects;

D. whereas the Commission delegated regulation is presented as a measure supplementing the technical measures set out in Annex XIII, Part A, point 3, to Regulation (EU) 2019/1241 by adding more detailed control measures to monitor the effectiveness of existing mitigation measures;

E. whereas the delegated regulation does not introduce a new direct mitigation measure preventing incidental catches, but rather imposes additional monitoring and reporting obligations on fishing vessels operating in the areas concerned when restrictions or prohibitions on fishing with static nets apply;

F. whereas the Annex to the delegated regulation replaces point 3.5 of Annex XIII, Part A, to Regulation (EU) 2019/1241 and requires fishing vessels of less than 12 metres in length overall to be equipped with a vessel monitoring system, an automatic identification system, or another tracking device approved by the competent authority of the flag Member State;

G. whereas the same Annex requires the transmission of vessel position data at least once every 10 minutes, including within a 4 nautical mile alert zone, and provides that those measures shall apply until 10 January 2028;

H. whereas Regulation (EU) 2023/2842 of the European Parliament and of the Council provides for transitional arrangements for the application of the revised vessel monitoring provisions to vessels of less than 12 metres in length overall;

I. whereas, by imposing regional vessel tracking obligations on vessels of less than 12 metres before the general application date established in the revised control framework, the delegated regulation risks anticipating, through a delegated act, a control regime for small scale vessels for which the co-legislators deliberately provided a transitional period;

J. whereas delegated acts may supplement or amend certain non-essential elements of a legislative act, but must not alter the institutional and political balance established by the basic legislative act or by related legislation adopted by the European Parliament and the Council;

K. whereas the Commission has not sufficiently demonstrated why the specific frequency of transmission of vessel position data every 10 minutes is necessary and proportionate for all vessels and all areas concerned, nor why less burdensome alternatives would be insufficient;

L. whereas the Commission has not provided a sufficiently detailed assessment of the socio-economic impact of the delegated regulation on small scale coastal fisheries, including the cumulative costs of equipment, installation, maintenance, data transmission, administrative compliance and possible downtime;

M. whereas small scale coastal fisheries have limited administrative and financial capacity to absorb additional control obligations, particularly in areas where fishing opportunities have already been severely reduced by previous conservation, stock management and technical measures;

N. whereas the delegated regulation does not contain a dedicated mechanism to ensure that the costs of compliance for small scale vessels are covered by Union or national support instruments, nor does it provide for compensation where conservation or control measures lead to factual standstill, significant reduction in fishing days or loss of fishing opportunities;

O. whereas the delegated regulation does not contain sufficient safeguards for purely technical failures, such as equipment malfunction, loss of signal, power failure, installation errors or temporary lack of network coverage, which should not automatically be treated in the same way as a substantive breach of fishing restrictions, and whereas operators should be afforded a reasonable period of at least 96 hours to remedy such failures before any enforcement action is initiated;

P. whereas the delegated regulation does not include a review clause requiring the Commission to assess, within a short and clearly defined period, the biological effectiveness, control effectiveness, economic cost and social impact of the new regime;

Q. whereas the Baltic Sea Advisory Council issued an opinion on the BALTFISH joint recommendation linked to the recommended control measures, in which it raised concerns about the administrative and financial burden on small-scale coastal vessels, but the delegated regulation does not sufficiently explain how the views of stakeholders, in particular representatives of small-scale coastal fisheries, were taken into account;

R. whereas effective protection of the Baltic Proper harbour porpoise should be based on partnership with coastal fishing communities, not on the unilateral transfer of the economic and administrative burden of public conservation policy to the smallest operators;

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. Calls on the Commission to submit, within nine months of the adoption of this resolution, a new delegated act which takes account of the following recommendations:

(a) the new delegated act should fully respect the transitional arrangements laid down in Regulation (EU) 2023/2842 for vessels of less than 12 metres in length overall, unless a different approach is justified by clear, area specific scientific evidence and accompanied by adequate safeguards;

(b) the new delegated act should not apply before the Commission has carried out and made public a complete assessment of its legal, biological, social and economic implications for small scale coastal fisheries in the Baltic Sea, including in the Bay of Pomerania;

(c) the new delegated act should be based on a differentiated assessment of risk by area, fleet segment, vessel size and fishing gear, and on a clear demonstration that the chosen control measures are necessary and that less burdensome alternatives would not achieve the same conservation objective;

(d) the new delegated act should be accompanied by a clear financing framework for the purchase, installation, maintenance and operation of any tracking or transmission devices required from small scale vessels;

(e) the new delegated act should contain safeguards for technical failures, including a minimum remedy period of 72 hours before enforcement action may be initiated, a reasonable period for remedying defects, clear rules on evidence, and a requirement that sanctions remain effective, proportionate and dissuasive without penalising operators for failures beyond their control;

(f) the new delegated act should include a review clause requiring the Commission to report to the European Parliament and the Council within 12 months of the start of application on the biological effectiveness, compliance results, costs for operators, impact on small scale coastal fisheries and need for amendment or repeal;

(g) the new delegated act should be accompanied, where conservation or control measures lead to temporary cessation of fishing activities, significant reduction of fishing days, loss of fishing opportunities or factual standstill for small scale coastal vessels, by appropriate compensation mechanisms through the European Maritime, Fisheries and Aquaculture Fund or compatible State aid schemes;

(h) the new delegated act should be prepared following transparent consultation with the Baltic Sea Advisory Council, representatives of small-scale coastal fisheries and the competent national authorities, and should explain how their views have been taken into account;

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