REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Implementation of the Technical Measures Regulation (Article 31 of Regulation (EU) 2019/1241)
Date: 2024-07-30
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: common fisheries policy, conservation of fish stocks, fishing area, fishing regulations, innovation, marine ecosystem, new technology, protection of animal life, scientific research, sea fishing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 30.7.2024  COM(2024) 349 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Implementation of the Technical Measures Regulation (Article 31 of Regulation (EU)    2019/1241)  
 
 
Contents 

1. 

Introduction ....................................................................................................................................... 2 

2. 
Implementation of the regulation .................................................................................................... 2 
2.1.  Measuring progress towards the objectives ......................................................................................... 3 
2.2.  Regional implementation .................................................................................................................... 3 
2.2.1. 
Baltic Sea ............................................................................................................................ 4 
2.2.2.  Western Waters .................................................................................................................. 5 
2.2.3. 
North Sea ............................................................................................................................ 6 
2.2.4.  Mediterranean and Black Sea ............................................................................................. 6 
2.3.  Other implementation matters ............................................................................................................. 8 
Implementing rules ............................................................................................................. 8 
Directed fishing .................................................................................................................. 8 

2.3.1. 
2.3.2. 

3. 
3.1. 
3.2. 
3.3. 
3.4. 

Innovation and scientific research ................................................................................................... 9 
STECF work ........................................................................................................................................ 9 
ICES advice on innovative gears ....................................................................................................... 10 
Fishing for scientific purposes .......................................................................................................... 11 
Expenditure on innovation ................................................................................................................ 11 

4. 

Conclusions ...................................................................................................................................... 13 

1 

 
 
 
 
 
 
 
1.  INTRODUCTION  

Article  31  of  the  Regulation  2019/1241  of  the  European  Parliament  and  of  the  Council1  (‘the 
Regulation’),  requires  the  Commission  to  report  every  three  years  on  the  implementation  of  the 
Regulation. 

This report provides an overview of the implementation of the Regulation over the last three years and 
builds on the first report adopted2 in September 2021 as well as on the report on the use of delegated 
powers  adopted  in  September  20233.  It  is  prepared  based  on  the  measures  taken  and  scientific 
developments, advice from the Scientific Technical and Economic Committee for Fisheries (STECF) 
and the International Council for the Explorations of the Seas (ICES), and contributions from Member 
States,  Advisory  Councils  and  inputs  from  other  interested  stakeholders  responding  to  the  public 
consultation  (attached  as  Appendix  I  to  this  report).  It  also  looks  at  the  efforts  in  place  in  terms  of 
research  and  innovation  as  potential  to  continue  the  progress  in  delivering  on  the  Regulation’s 
objectives.  

2.  IMPLEMENTATION OF THE REGULATION  

The purpose of this Regulation is to contribute to objectives of the common fisheries policy (‘CFP’) as 
defined  in  Regulation  1380/2013  (the  ‘CFP  Regulation’)  and  to  contribute  to  achieving  good 
environmental status as set out in the environmental legislation, while finding the right balance amongst 
the economic, social and environmental objectives under the CFP. Fishing at maximum sustainable 
yield (MSY) with appropriate technical measures brings an important contribution to a more sustainable 
activity at seas and a resilient and competitive fishing sector producing quality food4. The use of use of 
more selective and environmentally respectful fishing practices helps to increase yield from targeted 
fish stocks, while reducing unwanted (by-)catches and impacts on sensitive habitats. 

Sustainability of marine resources calls for protection of the marine ecosystems and for limiting the 
impact of fishing thereon. Technical measures effectively contribute to reaching the objectives of the 
environmental legislation. They are designed and regulated with the aim to limit impacts on sensitive 
species and habitats protected under the Birds and Habitat Directives, such as the Natura 2000 areas, 
and to lower impacts on the marine ecosystems as a contribution to the implementation of the Marine 
Strategy Framework Directive (MSFD). This is particularly relevant in view of the objectives of the EU 
Biodiversity Strategy5 and the Marine Action Plan6.  

1 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 (OJ L 198, 25.7.2019, p. 105). 

2  The  report:  https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52021DC0583  and  its  Staff 

Working Document: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2021:268:FIN  

3 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52023DC0520  

4 See COM(2024)235final, Communication from the Commission to the European Parliament and the Council: 

Sustainable fishing in the EU: state of play and orientations for 2025.  

5 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52020DC0380  

6 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52023DC0102  

2 

 
 
 
The  current  Regulation  carried  forward  existing  essential  elements  of  past  technical  regulations  and 
provided a possibility for the Commission to define measures needed for coherent implementation. In 
addition, the Regulation calls on Member States to work together, in the context of the regional groups, 
to define regionally relevant measures which the Commission may adopt by way of delegated acts and 
provides scope for the Member States individually to adopt national measures for their waters or fleets.  

This  Regulation  is  an  important  tool  to  contribute  to  the  mitigation  of  climate  and  biodiversity 
challenges, and hence essential for the implementation of the Marine Action Plan, adopted in February 
2023 as deliverable under the EU Biodiversity Strategy 2030 and presented as part of the “Fisheries on 
Oceans package”7.   

2.1. 

 Measuring progress towards the objectives  

This report looks at the regional implementation of measures in view of contributing to the Regulation’s 
objectives: to optimise exploitation patterns, to contribute to minimising incidental catches of sensitive 
marine species and negative environmental impacts of fishing on marine habitats and to have in place 
fisheries management measures for the purposes of complying with the environmental Directives8. 

To  measure  if  exploitation  patterns  are  optimised,  in  2020  STECF  revised  the  most  appropriate 
indicator to be used. This was complemented by the JRC9 in February 2024, which analysed 34 fish 
stocks corresponding to the species listed in the Regulation. This analysis showed that in the Atlantic 
the aggregated selectivity has been improving for the past 20 years. Nevertheless, in 2021 just under 
half of the ICES assessed stocks exhibited a better selectivity (i.e., higher protection of juveniles) than 
that  corresponding  to  the  maximum  equilibrium  yield  under  current  fishing  mortality.  As  for  the 
Mediterranean,  two  out  of  ten  stocks  exhibited  a  better  selectivity  than  that  corresponding  to  the 
maximum equilibrium yield under current fishing mortality.  

For the objectives linked to environmental legislation, concrete targets come from the Birds and Habitats 
Directives, which include specific protection for Natura 2000 areas and for certain species, as well as 
from  the  threshold  values  adopted  in  the  framework  of  the  Marine  Strategy  Framework  Directive 
(MSFD).  In  recent  years,  notable  progress  has  been  made  on  the  adoption  of  such  thresholds  se, 
especially for the descriptors to determine whether seabed habitats are in good environmental status10. 
The MSFD threshold values linked to the incidental catches of sensitive marine species are still to be 
adopted and concrete targets for this objective are thus not yet available.  

While measurable targets are not fully available,  scientific advice offers relevant  information on the 
delicate situation of certain species and habitats and hence the elements needed to underpin the adoption 
of concrete measures.  

2.2.  Regional implementation  

Regional implementation is the cornerstone of this Regulation and it is progressing at a different speed 
and  level  and  is  targeted  towards  the  needs  and  circumstances  of  each  sea  basin.  Measures  can  be 

7 https://oceans-and-fisheries.ec.europa.eu/policy/common-fisheries-policy-cfp_en  

8 Article 3 of Regulation 2019/1241 

9 https://publications.jrc.ec.europa.eu/repository/handle/JRC137030  

10 For an overview of the threshold values please see  Commission Notice on the threshold values set under the 
(EU)  2017/848 

Marine  Strategy  Framework  Directive  2008/56/EC  and  Commission  Decision 
(COM(2024)2078). 

3 

 
 
 
adopted as national measures or as delegated act based on a joint recommendation put forward by the 
Member States concerned.  

As for national measures, all Member States informed the Commission on the adoption of measures to 
be  implemented  by  their  fleets  to  meet  concrete  objectives  in  the  waters  under  their  sovereignty  or 
jurisdiction.  

The report of September 2023 on the use of the delegation of powers under the Regulation highlighted 
that in the period from 14 August 2019 to 30 June 2023, 12 delegated acts were adopted, and one was 
in the process of being adopted. Since then, two more delegated acts have been adopted bringing the 
total now to 14 delegated acts adopted concerning a wide variety of measures.  

The approach, speed and content of regional implementation varies greatly due to the rather different 
circumstances  and  challenges  in  each  of  the  sea  basins  and  the  scope  and  potential  that  the 
regionalisation process offers. For example, in the Mediterranean and Black Sea the most effective 
approach  is  that  measures  are  adopted  by  the  General  Fisheries  Commission  for  the  Mediterranean 
(GFCM) and hence apply to all states bordering those Seas, ensuring therefore level-playing field. As a 
result, there is limited need or space for the use of regionalisation under CFP Regulation. Where needed 
for the transposition of GFCM measures or as a complement, Member States mostly reverted to national 
measures. For the North Sea and Western Waters, the situation differs. While there is full scope for the 
use  of regionalisation, Member  States,  as  well  as  relevant  Advisory  Councils, welcome  the  ongoing 
technical work between the EU and the UK on technical measures.  

The joint recommendations from Member States may have their basis in both Article 11 of the CFP 
Regulation and the Technical Measures Regulation which both aim to contribute to the CFP objectives 
and  thereby  to  the  implementation  of  the  environmental  legislation  and  for  example  limit  fisheries 
impact on sensitive marine habitats or minimis by-catches of sensitive species. With regard to the latter, 
the  Regulation  also  provides  the  possibility  for  Member  States  to  present  joint  recommendations  to 
implement mitigation measures to protect sensitive species, as has been the case to protect the Baltic 
harbour porpoise.  

In addition, the Regulation offers special protection to some fish species listed in Annex I by prohibiting 
those to be fished.   While the possibility exists to amend the list and add additional species, this has not 
happened to date.  

In response to the consultations undertaken for this report, Advisory Councils contributed with detailed 
information  on  the  work  carried  out  during  this  reporting  period  to  show  the  engagement  and 
commitment both in the adoption of voluntary measures and in the regionalisation process.  

Some of the stakeholders indicated that regionalisation is not progressing at the right pace, while others 
highlighted the complexity of the Regulation.  

2.2.1.  Baltic Sea 

In terms of selectivity, the regional cooperation on selective gears to drastically reduce the by-catch of 
Baltic cod and the adoption of the Delegated Act and the related implementing act are imminent thanks 
to the close cooperation between the Member States and the Advisory Council (BSAC).  

In the area of minimising by-catches of sensitive species, work continued in view of better protecting 
the Baltic Sea harbour porpoise (two joint recommendations were submitted for this purpose) including 
additional control measures. Working on measures for the eastern Baltic Sea with real time closures is 
also being contemplated. In addition, some Member States are working on measures aiming to minimise 
the impact of seal depredation and interaction with fishers and have taken voluntary measures to limit 

4 

 
 
the  impact  of  fishery  on  sensitive  species.  BSAC  also  informed  that  their  members-fishers  are 
individually taking part in research projects.  

In what concerns the wider contribution to the environmental objectives and seabed habitats, Baltic 
Sea Member States are implementing certain national restrictions to bottom fishing and static nets use 
in Natura 2000 areas. In addition, some Member States have prepared a joint recommendation to protect 
the  seabed  in  the  German  part  of  the  Baltic  Sea  (delegated  act  in  preparation  based  on  a  joint 
recommendation to protect 6 marine protected areas (MPAs) in the German EEZ of the Baltic Sea). 

Member States are currently working on 2 joint recommendations suggesting conservation measures for 
around 25 Natura 2000 sites or MSFD areas of the North Sea and the Baltic Sea (short, medium and 
long term). 

2.2.2.  Western Waters 

As a contribution to selectivity, Member States have been implementing measures to minimise the by 
catch of cod in the Celtic Sea and, linked to similar results in the North Sea, discussions are ongoing to 
increase the mesh size in the squid fishery (from 40 mm to 80 mm or 90 mm depending on the fishing 
area). Additional measures have been implemented via Delegated Acts to increase the protection of red 
seabream in the Bay of Biscay (increase the minimum conservation reference sizes and closures).  

As regards the need to minimise by-catches of sensitive species in the Bay of Biscay, France and Spain 
adopted national measures in 2021 to protect the common dolphin, using acoustic deterrent devices in 
the Bay of Biscay for certain trawlers. In addition to the use of pingers on trawlers, France is increasingly 
using  cameras  on  board  and  other  monitoring  measures  to  improve  the  knowledge  on  the  dolphin 
population in the Bay of Biscay. France is also working on several projects on technical measures to 
avoid that dolphins are by-caught in gillnets.  Portugal and Spain are working on technical mitigation 
measures, such as pingers, for gillnets in the framework of the Project Cetambicion11.Nevertheless, more 
progress is needed, as the adoption of regional measures across all areas would improve the conservation 
of the common dolphin.  

Member  States  are  also  organising  courses  and  trainings  for  the  fishing  industry  aimed  at  better 
understanding and recognising by catch associated with certain fisheries. 

On future projects to protect sensitive species, several Member States are involved in the Cibbrina12, 
and in different research activities aimed at the protection of sensitive species in fisheries governed by 
Regional Fisheries Management Organisations, such as International Commission for the Conservation 
of Atlantic Tunas. Some Member States also reported on a project that will include Deoxyribonucleic 
acid (DNA) surveys and passive acoustic monitoring.  

In  the  field  of  contributing  to  the  environmental  protection, Member  States  have  extended  current 
MPAs and are working together with environmental authorities towards the elaboration of management 
plans for several MPAs under Natura 2000. 

11 https://www.cetambicion-project.eu/?lang=es  

12 Funded under the LIFE programme: https://webgate.ec.europa.eu/life/publicWebsite/project/LIFE22-NAT-NL-

LIFE-CIBBRiNA-101114301/coordinated-development-and%E2%80%AFimplementation-
of%E2%80%AFbest-practice-in%E2%80%AFbycatch%E2%80%AFreduction%E2%80%AFin-
the%E2%80%AFnorth-atlantic-baltic-and-mediterranean-regions  

5 

 
 
 
2.2.3.  North Sea 

North  Sea  Member  States  have  implemented  several  selectivity  measures  to  complement  the 
exemptions  from  the  landing  obligation.  Recently,  the  Commission  adopted  a  closed  fishing  season 
during the spawning peak of Atlantic halibut13. In addition, Member States  have been implementing 
other measures on their fleets, which go beyond current mandatory provisions (e.g., using Flemish panel 
in beam trawlers targeting shrimps, additional co-sampling programme to monitor by catch of species 
subject to quotas in shrimp fishery).  

North  Sea  Member  States  reported  several  national  measures  aimed  at  decreasing  the  impact  on 
sensitive species, such as spatial temporal measures in MPAs or limitation of certain gears. Increased 
observer coverage to count on robust and reliable data was also reported. 

North Sea Member States participate in the CiBBrina project (which also includes Poland, Portugal and 
Spain) whose main aim is to reduce mortality of incidental by catch of sensitive species. This project 
started in December 2023 and will run until 2029.  

In the field of contributing to the environmental protection, two delegated acts were adopted based on 
5 joint recommendations suggesting conservation measures for 18 Natura 2000 sites or Marine Strategy 
Framework  Directive  areas  in  the  North  Sesa:  Delegated  Regulation  (EU)  2022/952  and  Delegated 
Regulation (EU) 2023/340.  

Current discussions by Member States are focused on four joint recommendations. One submitted by 
Germany and the Netherlands  for the Dogger Bank (recently evaluated by STECF in Spring plenary 
meeting-PLEN 24-0114), another under preparation by the Netherlands for 6 MPAs in the Dutch part of 
the North Sea (Cleaver Bank, Southern Dogger Bank, Central Oyster Grounds, Frisian Front MSFD, 
Brown Ridge and Borkum Reef Grounds), one  under preparation by  Belgium for three management 
areas in the Belgian part of the North Sea and one under preparation by Denmark for five sites Natura 
2000 in the North Sea and Skagerrak.         

2.2.4.  Mediterranean and Black Sea 

In the area of selectivity, Member States with fishing interests in the Black Sea implement the measures 
adopted at the level of the General Fisheries Commission for the Mediterranean (GFCM), by way of 
GFCM  recommendations,  including  trawl closures  to  protect juveniles and  the use  of monofilament 
gillnets.    

In the Mediterranean, Member States have implemented a wide array of national technical measures to 
protect commercial species, such as spatial and temporal measures to protect key species (hake, Norway 
lobster)  spawning  areas,  limitations  of  bottom  trawling,  following  GFCM  recommendations  or  in 
accordance with the management of the WestMed MAP15, and stricter rules on gear specifications (some 
Member States implement bigger mesh sizes to target small pelagics), banning of round straps and lifting 
straps and minimum codend length of 3 m.  

In 2022-2024 Member States  started conducting trials to develop more selective and efficient gears, 
those  trials  will  deliver  results  in  the  next  reporting  period.  These  surveys  include  testing  different 

13 Delegated Regulation (EU) 2024/1060, on technical measures for Atlantic halibut.  

14 STECF plenary meeting 24-01 

15  Regulation  (EU)  2019/1022  of  the  European  Parliament  and  of  the  Council  of  20  June  2019  establishing  a 
multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending 
Regulation (EU) No 508/2014 

6 

 
 
 
configurations on mesh sizes in demersal gears and static nets, or even, completely new innovative gear. 
Increased observer coverage and use of information provided by REM/CCTV cameras is also envisaged.  

In what concerns sensitive species, GFCM has adopted several recommendations regarding cetaceans, 
elasmobranchs, seabirds and turtles, planning pilot projects, the adoption of mitigation measures and the 
adoption of a regional action plan to monitor and mitigate interactions between fisheries and vulnerable 
species in the Mediterranean and the Black Sea16. This plan aims at developing adequate monitoring 
systems as well as testing mitigation measures for incidental catch of vulnerable species and depredation 
activities of marine megafauna in fishing gear. 

In addition, Black Sea Member States have put in place several national measures to minimise the impact 
of fishing on harbour porpoise, such as the use of monofilament gillnets in the fishery targeting turbot, 
which  aims  at  reducing  the  bycatch  of  cetaceans  and  that  has  taken  2  years  of  progressive 
implementation,  awareness  raising  campaigns  for  the  protection  of  Black  Sea  Harbour  Porpoises. 
Several  MPAs  are  also  being  implemented  in  national  waters in  which  the  use of  gillnets  for turbot 
fisheries will only be authorised when such nets are equipped with pingers. However, it should be noted 
that all measures aimed at this objective should be put in a regional context, notably ongoing GFCM 
work, to ensure a level playing field with other riparian countries.  

To  protect  sensitive  species  in  the  Mediterranean,  Member  States  are  progressing  with  national 
legislation  to  protect  species  at  higher  risk  (such  as  the  Balearic  shearwater,  including  management 
measures for fisheries and identification of Natura 2000 sites as well as the ZEPAS (areas for special 
protection of birds) and now are in process of setting up management measures for these areas.  

Complementing the measures  adopted  by  GFCM  and  the  Member  States, stakeholders  and  Member 
States are involved in by-catch awareness- raising projects, disseminating good practices among fishers, 
developing and translating good practice guides on reducing by-catch, testing bird scaring devices (kites 
and buoys), research on bird scaring lines used in UK vessels fishing for Hake in Gran Sol17. 

As  for  the  contribution  to  environmental  protection  in  the  Mediterranean  and  Black  Sea,  various 
Member States implement a ban on bottom trawling and dredging in MPAs and through the GFCM 
10 fisheries restricted areas (FRAs), an area of more than 1.75 million km2 of sea habitats are protected 
in the Mediterranean and the Black Sea. Around 31 000 km2 of benthic sea habitats are protected in the 
Mediterranean Sea, complemented by one large deep-water FRA, representing around 60% of the total 
Mediterranean seabed in which the use of towed dredges and trawl nets in all waters deeper than 1000 
metres is banned to protect deep-sea benthic habitats. Trawl nets in all waters deeper than 1000 metres 
are banned to protect deep-sea benthic habitats.  

Work is ongoing to establish new FRAs, as well as on reviewing the depth limit of the deep-water FRA 
to 800 m in the future, based on the results of a GFCM pilot project. In parallel, efforts are being made 
to build coherent and effective networks of MPAs and GFCM has launched an internal assessment in 
view of delivering on the UN Convention on the conservation and sustainable use of marine biodiversity 
of areas beyond national jurisdiction (BBNJ). 

16 Resolution GFCM/46/2023/4 

17 MedBycatch project.  

7 

 
 
 
2.3.  Other implementation matters 

2.3.1.  Implementing rules 

In addition to regionalised implementation, the Regulation also grants some implementing powers to 
the Commission to establish the specific features of certain elements that are relevant or necessary18 to 
maintain selectivity standards.   

Such  detailed  rules  are  in  preparation  and  are  important  to  ensure  a  level  playing  field  in  the 
implementation of the Regulation between Member State, and to ensure coherent and effective control.  
These concern specifications on the devices used to avoid juveniles in the catch and the specifications 
of some devices that are used to prevent the wear and tear of towed gears.  

They aim is to re-establish some of the previously applied conditions that are essential for the efficient 
implementation of the Regulation. In order to count on the most updated scientific advice, and after 
technical discussions with Member States, STECF has been consulted on certain of these elements and 
issued its advice on March 202419.  

Consultations  with  Member  States  are  ongoing  with  a  view  of  presenting  the  draft  implementing 
regulation to the Committee for Fisheries and Aquaculture without delay. 

2.3.2.  Directed fishing  

Another important aspect for the implementation of the regulation is to further define the term of directed 
fisheries for certain species as set out in Articles 6(3) and 27(7) of the Regulation: "fishing effort targeted 
at a specific species or group of species and may be further specified at regional level in delegated acts."  

This is relevant for many fisheries, though not for all. For some fisheries standards are clear and there 
are no risks that implementation practices would lower selectivity standards for example, by use of a 
sorting grid or any other selectivity device.  For the fisheries where there are no  standards or further 
provisions governing the use of the smallest mesh sizes, the Regulation, in its Article 27(7) asks Member 
States having a direct management interest in the fisheries concerned to submit joint recommendations, 
for the first time not later than 15 August 202020.  

The  Regulation  sets  a  baseline  mesh  size,  judged  as  most  appropriate  to  offer  the  best  selectivity 
standards, and provides two options to derogate from that baseline mesh-size: Member States may either 
define selectivity modifications with the (minimum) same selectivity standards as those provided in the 
current legislation and assessed by STECF, or, for certain fisheries and to the extent that the conditions 
and catch compositions of the Regulation are fulfilled, define mesh-specific sizes (usually selectivity 
devices). 

Member States regional groups have been working on this topic for and the Commission has consulted 
STECF  several  times  to  help  national  authorities  to  progress  and  following  the  submission  of  joint 
recommendations by 4 of the Member States regional groups. To date however, there are no measures 
confirmed by science and adopted as legislation. 

18 Arts 8(5) and 24 (1) of the Regulation 

19 Scientific, Technical and Economic Committee for Fisheries (STECF) 75  the Plenary report (STECF-PLEN-

24-01) 

20 Article 27 of the Regulation 

8 

 
 
 
Another aspect that may impact the overall achievement on the objectives concerns the fact that there 
are almost no authorisation regimes in place for any mesh-specific sizes in any region. In the absence of 
authorisation regimes to regulate the use of mesh-specific sizes, all fishing vessels are authorised by 
default to use any mesh-specific size at any time.  

There  may  be  significant  conservation  consequences  of  these  topics  and  the  Commission  therefore 
encourages Member States to take these issues forward within the context of their regional groups and, 
for the topic of authorisations, at national level.  

3.  INNOVATION AND SCIENTIFIC RESEARCH 

Current  challenges  affecting  our  marine  ecosystems  cannot  be  tackled  with  traditional  gears  alone. 
Innovation is key in this respect and the Regulation provides a solid basis for driving this change, as it 
allows Member States to put in place derogations to test new technology and, subsequently develop 
applicable measures under regionalisation.  

The engagement and participation of all operators that develop their activity in the marine environment 
is  crucial  and  essential  to  achieve  results.  Stakeholders  who  participated  in  the  consultation  (from 
Member  States  to  Advisory  Councils,  non-governmental  organisations  and  other  associations)  have 
underlined their commitment to participate in research and innovation.  

Projects such as Cibbrina (aimed at minimising impact on sensitive species), Marine Beacon21 (whose 
objective is to develop and test innovative tools and techniques for better monitoring important species 
and mitigating risks of bycatch), and DecarbonyT22 (assessing the use of optimized trawling gears in the 
Mediterranean and Black Sea to lead to lower fuel consumption) are a good examples of pan-European 
projects grouping scientific institutions, fisheries organisations and stakeholders. 

These projects will show how to improve current fishing techniques (from gear modifications to spatial 
temporal measures)  in  order  to  minimise  the  impact  of  the  fishing activity  on  the  environment.  The 
results of the projects will be seen during the next reporting period.  

3.1.  STECF work 

Since the adoption of the Regulation, STECF, through a dedicated Expert Working Group, meets yearly 
to discuss, assess and advice on the implementation of technical measures as a means to build the science 
base for enhanced implementation.  

As part of the recommendations from STECF, the work on this field continued to progress on selectivity 
indicators (see chapter 2.1), while exploring the discrepancy between current and optimal selectivity 
providing the highest possible sustainable yield. In 202123, STECF assessed the population selectivity-
at-age of relevant species24 and compared it to the optimal one (i.e., the one producing the highest long-
term yields). In 202225 STECF focused on the evaluation of the population selectivity-at-length of those 

21 https://marinebeacon.eu/  

22 https://decarbonyt.eu/  

23 STECF-21-07 

24 Species listed in Annex XIV of the Regulation 

25 STECF 22-19 

9 

 
 
 
species, in order to be able to link it with actual size-based fishing gear selectivity and offer optimisation 
solutions.  

STECF is now working on these optimisation solutions, as it is necessary to sketch what changes would 
be necessary (and feasible) to reach these highest yields. The approach to be followed for the years to 
come  would  need  to  identify  the  steps  required  to  operationalise  a  bio-economic  assessment  on  the 
changes  in  fishing  techniques/patterns  that  are  feasible  and  what  the  consequences  might  be  (socio-
economic -changes in catches, catch value- and environmental).  

3.2.  ICES advice on innovative gears 

Upon request from the Commission, in 2023, ICES updated its 2020 catalogue of innovative gears26, 
provided an assessment of the level of uptake of innovative gears by the EU industry (per sea basin, and 
fishery). For those innovations not implemented, they identified the main drivers that prevented their 
use,  including  the  analysis  of  the  socio-economic  trade-offs  and  propose  ways  to  facilitate  their 
implementation.  This  advice27  provides  very  relevant  conclusions,  especially  in  what  concerns  the 
uptake  by  the industry.  For  example,  in  one third  of the innovative  technologies  presented, the gear 
requires low investment and leads to a positive return of investment, meaning that it is economically 
viable.  

To evaluate the barriers and opportunities for innovative gears to be systematically used, ICES used the 
PESTEL28 framework, looking at:   

•  Political  factors:  level  of  fishers’  support  for  and  perceived  legitimacy  of  policies,  top-down 

regulations, absence of a level playing field when gears are taken up voluntarily. 

•  Economic factors: cost of purchasing the gear, availability of capital to use for investment, change 
in running costs and revenues, priority to short-term benefits over longer-term benefits of using the 
new gear, presence of grants or subsidies, financial resilience. 

•  Social factors: reluctance to change, uptake of gear by others, effectiveness of outreach on the new 
gear,  demotivation  due  to policy  developments,  different  understanding  of  the  problem  between 
fishers  and  other  stakeholders  (e.g.,  discards,  bottom-trawl  impacts),  involvement  in  decision-
making, trust between fishers and other stakeholders (e.g. policy-makers or scientists). 

•  Technological  factors:  technical  knowledge;  gear  is  difficult  to  deploy  or  requires  specialist 
knowledge or training; gear takes time to set up and tweak, so it works effectively; extent of the 
adaptability of the gear to different vessel designs. 

•  Environmental factors: fuel reduction, reduced unwanted bycatch of fish, reduced unwanted catch 

of other marine species (benthos, marine mammals, seabirds), lower seabed impact. 

•  Legal  factors:  gear  not  being  currently  allowed  (e.g.,  tested  under  a  derogation,  regional 
restrictions),  requirements  to  meet  minimal  legal  gear  standards  and  existence  of  appropriate 
enforcement. 

While the ICES advice gives important indications, it is evident that the actual level of uptake by the 
industry remains to be identified. In the replies to the consultation, Member States and stakeholders 
signalled the difficulty of adopting innovative technologies. While agreeing that regionalisation is 
crucial for this and preferred over voluntary approaches, they consider that the transition to the use of 
new gears is still too lengthy and complicated. As an average, using regionalisation means two years to 

26 https://www.ices.dk/news-and-events/news-archive/news/Pages/InnovativeFishingGear.aspx  

27 https://www.ices.dk/news-and-events/news-archive/news/Pages/InnovativeGear.aspx  

28 Political, Economic, Social, Technological, Environmental and Legal (factors).  

10 

 
 
 
 
adopt  the  gear,  including  the  negotiation  process  withing  regional  groups,  STECF  consultation  and 
adoption process.  

3.3.  Fishing for scientific purposes 

Article 25 of the Regulation provides the possibility for Member States to allow derogations from the 
rules for the purpose of conducting scientific fisheries. The aim of this article is to incentivise operators 
to participate in scientific research. While there are other articles29 in the Regulation that can be used to 
introduce innovative solutions, Article 25 is the most used.  

The research is organised, carried out and concluded by a scientific institution of the Member States. 
During the last three years, there has been an increased participation of commercial vessels in Member 
States in scientific research and the Commission organised a technical meeting with Member States on 
6 July 2023 to increase the transparency between Member States and to remind them of their obligation 
to report the surveys to the Commission.  

The  majority  of  the  projects  notified  are  investigating  alternative  methods  to  minimise  the  catch  of 
juveniles  and  dedicated  to  find  solutions  to  mitigate  the  impact  on  sensitive  species  or  reduce  the 
negative on environment.  

While Article 25 acts as a positive driver to incentivise research and testing innovative technology in 
derogation from the technical requirements in the Regulation, Member States and stakeholders noted 
that  such  possibilities  are  absent  in  other  CFP  regulations  which  may  in  some  cases  hamper  the 
possibilities  and  delay  the  introduction  of  changes.  They  note  for  instance,  that  it  is  not  possible  to 
provide  research  derogations  to  the  permission  to  catch,  retain  on  board,  or  land  sea  bass  below 
minimum conservation reference sizes, even when this is desired for monitoring programmes.  

In addition, Member States, Advisory Councils and stakeholders noted the cumbersome process that 
needs to be followed from the moment a new gear technique or technology is developed until its final 
adoption via legislation.  

3.4.  Expenditure on innovation 

While Article 25 presents how the Regulation can incentivise the participation in scientific research, the 
use of EU funds provides a wider perspective of projects in which commercial vessels are involved, 
going beyond the derogation of technical measures. Rather it is linked to the variety of measures that 
Member  States  are  putting  in  place  as  a  means  to  contribute  to  the  CFP  objectives  and  its  role  in 
supporting the implementation of the environmental legislation.  

Testing  research  and  innovation  under  the  Regulation  is  currently  supported  financially  under  the 
European  Fisheries,  Maritime  and  Aquaculture  Fund  (EMFAF)  and  previously  under  European 
Maritime and Fisheries Fund (EMFF). These funds contain a variety of opportunities to provide financial 
support  to  encourage  innovation  in  the  fisheries  sector,  through  innovation  projects,  support  to 
partnerships  between  scientists  and  fishers,  by  supporting  the  design  and  implementation  of 
conservation  measures  and  regional  cooperation,  and  to  limit  the  impact  of  fishing  on  the  marine 
environment as well as contribute to the implementation of the environmental legislation (including for 
Natura 2000 sites).  

29 Article 20, innovative fishing gear, Article 23, pilot projects on full documentation of catches and discards.  

11 

 
 
 
The results of these projects will seek to offer new and innovative solutions on how the fishing activity 
can minimise the impact on the environment.  

When  looking  at  the  EMFF  programming  period  (2014-2020),  a  total  of  EUR  438  038  353  was 
committed towards fisheries-related innovation measures, comprising 7.87% of all EMFF commitments, 
with the following sharing:  

Overall, under the EMFF, 5 592 projects were supported financially with close to 2000 vessels involved.  

Measure (Article)  

Art. 26 Innovation  

Art. 28 Partnerships  

Art. 37: Conservation measures & regional 
cooperation  

No. of 
operations  

No. of vessels 
funded under 
article  

EMFF committed (EUR)  

336  

200  

373  

130  

128  

1  

51 038 696  

54 311 695  

32 563 570  

Art 38: Marine environment, protection of species  1 774  

1 545  

23 865 290  

Art. 39: Innovation linked to conservation  

195  

Art. 40(1)(b) – (g) and (i): Protection and 
restoration of marine biodiversity  

Total:  

2 714  

5 592  

66  

38  

-  

40 103 657  

236 155 446  

438 038 353  

To support the preparation of this report, FAMENET also produced factsheets showing some examples 
of innovation that are under development and directly linked to the objectives of the Regulation30.  

The  new  Member  States  EMFAF  programmes31  adopted  for  the  2021-2027  period  offer  ample 
opportunities to support different types of actions aiming at research and innovation and could support 

30  Fisheries  innovations  under  the  European  Maritime  and  Fisheries  Fund  2014-2020  -  European  Commission 

(europa.eu)  

31 EMFAF programmes 2021 - 2027 - European Commission (europa.eu) 

12 

 
 
 
 
 
the implementation of this Regulation. The Commission therefore encourages Member States to step up 
their efforts in this regard.   

Complementing  the  fisheries  specific  measures,  Member  States  have  also  looked  at  other  funding 
opportunities. The Horizon Europe research framework programme (2021-2027) supports research and 
innovation  actions  for  sustainable  fisheries  and  aquaculture.  This  includes  for  example  the  digital 
transition supporting fisheries inspection and control, aiming at reducing the environmental impact of 
fishing gears, minimising the climate impact on fisheries and understanding and reducing bycatch of 
protected species.  

The  previous  Horizon  2020,  the  EU's  research and innovation  funding  programme  from  2014-2020, 
contributed to improve sustainable fishing. Indeed, the final evaluation of Horizon 2020, adopted on 29 
January 2024, mentions that the fund made significant contributions to societal impacts in numerous 
areas, demonstrating its wide-ranging influence and effectiveness, among which, sustainable fishing by 
improving fishing  methods  and  reducing discards  which  has  contributed to more  sustainable  fishing 
practices, balancing economic interests with environmental conservation. 

Finally,  the  EU  Mission  “Restore  our  Ocean  and  Waters  by  2030”32  is  supporting  research  and 
innovation actions for example in relation to smart and low environmental impact fishing gears, energy 
efficient  small-scale  fishing  fleets.  The  Mission  work  programme  2024,  soon  to  be  adopted,  will 
continue supporting in situ demonstration activities to reconcile fisheries and marine protection. 

4.  CONCLUSIONS  

In the process of achieving the objectives of the Regulation, Member States have highlighted that they 
are adopting national measures and the sector indicated that voluntary measures are being increasingly 
utilised, some stakeholders underlined the need for continued ambition.  

Progressing on achieving the objectives of the Regulation does not (and should not) rely only on the 
adoption of secondary legislation. Increased and shared knowledge, commitment and engagement of the 
stakeholders  and  voluntary  initiatives  remain  essential  and  act  as  a  complement  to  the  adoption  of 
common  rules  via  regionalisation.  Moreover,  changing  and  challenging  fishing  activity  needs  to  be 
addressed  in  a  dynamic  manner therefore  continuous  discussions  and  consideration  of  most  suitable 
measures are indispensable.  

Innovation is key, not only to comply with the objectives of the Regulation, but also for a resilient and 
competitive  EU  fisheries  sector  providing  European  consumers  with  the  highest  quality  seafood 
products.  

Member States and stakeholders are investing in the development of new technologies to meet the 
objectives of the Regulation. While more remarkable results are yet to be seen in the next period, the 
Commission, Member States and the stakeholders should continue to work together to find the most 
effective ways forward to implement and keep supporting research in gear and innovation as well as 
their rollout and actual use on the ground.   

32 Mission Ocean and Waters service portal | Research and Innovation (europa.eu) 

13 

 
 
 
 
 
APPENDIX I: SYNOPSIS OF THE CONSULTATION 

1. Consultation strategy. 

The  objective  of  the  consultation  was  to  gather  the  opinion  of  relevant  stakeholders  in  the 
implementation of the Regulation EU 2019/1241 in accordance with the requirements of Article 
31(1). To ensure full feedback, the consultation of Member States and Advisory Councils was 
complemented by an online targeted consultation.  

2. Methodology and tools to process the data. 

The methodology used was different depending on the typology of the stakeholder consulted.   
Member  States  are  the  authorities  in  charge  of  the  implementation  and  enforcement  of  the 
Regulation. Hence, a dedicated questionnaire was sent33.   
Likewise, considering the specific role of the Advisory Councils in the regionalisation process 
and as main representative bodies under the CFP, a specific questionnaire was sent34.   
The online consultation was carried out using the platform “EUSurvey”35. In this case, publicity 
was made through DGMARE website, newsletter and the DGMARE social networks, such as 
Twitter.   
For all three cases, the consultation was launched on 2 October 2023, and the duration was until 
24 November 2023.   
In all three cases, the possibility of including supporting documentation was provided.   

3. Results   

Replies were received from 18 Member States, 5 Advisory Councils and 10 other organizations 
(via online consultation).   
Considering that the purpose of the report, the replies received have been summarised and, to 
the  extent  possible,  its  substance  matters  included  in  the  report  itself.  Given  that  it  was  not 
specifically  indicated  in  the  letters  sent  to  both  Member  States  and  Advisory  Councils,  the 
individual replies are not be displayed.   
Replies from Member States and Advisory Councils are presented with the specific mention of 
“MS” / “AC”. When the comments come from the targeted online consultation, they are referred 
to as “stakeholders”.   

33 Letter sent to Member States on 2 October 2023 (ARES (2023)6664125))  

34 Letter sent to Advisory Councils on 2 October 2023 (ARES(2023)6664226)) 

35  https://oceans-and-fisheries.ec.europa.eu/consultations/targeted-stakeholder-consultation-technical-measures-

regulation-fisheries-2023_en   

14