Article 1 Subject matter
This Regulation lays down measures aimed at mitigating incidental catches of cetaceans by fishing vessels in the areas indicated in Annexes I and III.
Article 1a Definitions
‘Drift net’ means: any gillnet held on the sea surface or at a certain distance below it by floating devices, drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift.
Article 2 Use of acoustic deterrent devices
1. Without prejudice to other Community provisions, it shall be prohibited for vessels of 12 m or over in overall length to use the fishing gear defined in Annex I in the areas, for the periods, and as from the dates indicated therein without the simultaneous use of active acoustic deterrent devices. 2. The masters of the Community fishing vessels shall ensure that the acoustic deterrent devices are fully operational when setting the gear. 3. By way of derogation, paragraph 1 shall not apply to fishing operations conducted solely for the purpose of scientific investigation which are carried out with the authorisation and under the authority of the Member States or Member States concerned and which aim at developing new technical measures to reduce the incidental capture or killing of cetaceans. 4. Member States shall take necessary steps to monitor and assess, by means of scientific studies or pilot projects, the effects of pinger use over time in the fisheries and areas concerned.
Article 3 Technical specifications and conditions of use
1. Acoustic deterrent devices used in application of Article 2(1) shall comply with one set of the technical specifications and conditions of use defined in Annex II. 2. By way of derogation from paragraph 1, Member States may authorise the temporary use of acoustic deterrent devices which do not fulfil the technical specifications or conditions of use defined in Annex II, provided that their effect on the reduction of incidental catches of cetaceans has been sufficiently documented. An authorisation shall be valid for no more than two years. 3. Member States shall inform the Commission of the authorisations in accordance with paragraph 2 within two months of the date of issue. They shall provide the Commission with technical and scientific information on the acoustic deterrent device authorised and its effects on incidental catches of cetaceans.
Amendment rationale: CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the TFEU (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the TFEU (implementing acts). In relation to the adoption of Regulation (EU) No 182/2011, the Commission made the following statement: "The Commission will proceed to an examination of all legislative acts in force which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty, in order to assess if those instruments need to be adapted to the regime of delegated acts introduced by Article 290 of the Treaty on the Functioning of the European Union. The Commission will make the appropriate proposals as soon as possible and no later than the dates mentioned in the indicative calendar annexed to this declaration."[1] In the context of the alignment of Regulation (EC) No 812/2004 to the new rules of the TFEU, powers currently conferred to the Commission by that Regulation have been reclassified into measures of delegated nature and measures of implementing nature. The Commission should therefore be empowered to adopt delegated acts to adapt conditions and technical specifications for the use of acoustic deterrent devices. Likewise the Commission should be empowered to adopt implementing acts concerning the procedure and format for reporting obligations for Member States.
Revised version (Article 3 Technical specifications and conditions of use):
1. Acoustic deterrent devices used in application of Article 2(1) shall comply with the technical specifications and conditions of use set out in Annex II. In order to ensure that Annex II continues to reflect the state of technical and scientific progress, the Commission shall be empowered to adopt delegated acts, in accordance with Article 8a, updating the signal characteristics and the corresponding implementation characteristics therein. When adopting those delegated acts, the Commission shall make provision for sufficient time for the implementation of such adaptations. 2. By way of derogation from paragraph 1, Member States may authorise the temporary use of acoustic deterrent devices which do not fulfil the technical specifications or conditions of use defined in Annex II, provided that their effect on the reduction of incidental catches of cetaceans has been sufficiently documented. An authorisation shall be valid for no more than two years. 3. Member States shall inform the Commission of the authorisations in accordance with paragraph 2 within two months of the date of issue. They shall provide the Commission with technical and scientific information on the acoustic deterrent device authorised and its effects on incidental catches of cetaceans.
Article 4 At-sea observer schemes
1. Member States shall design and implement monitoring schemes for incidental catches of cetaceans using observers on board the vessels flying their flag and with an overall length of 15 m or over, for the fisheries and under the conditions defined in Annex III. The monitoring schemes shall be designed to provide representative data of the fisheries concerned. 2. Member States shall take the necessary steps to collect scientific data on incidental catches of cetaceans for vessels with an overall length less than 15 m and involved in fisheries defined in Annex III point 3 by means of appropriate scientific studies or pilot projects.
Article 5 Observers
1. In order to discharge their obligation to provide observers, Member States shall appoint independent and properly qualified and experienced personnel. In order to carry out their tasks the personnel selected must have the following qualifications: (a) sufficient experience to identify cetacean species and fishing practices; (b) basic maritime navigation skills and appropriate safety instruction; (c) the capacity to accomplish elementary scientific tasks, for example taking of samples where necessary and making accurate observations and records in that connection; (d) a satisfactory knowledge of the language of the flag Member State of the vessel being observed. 2. The task of observers is to monitor incidental catches of cetaceans and to collect the data necessary to extrapolate the by-catch observed to the whole fishery concerned. In particular, the observers shall: (a) monitor the fishing operations of the vessels concerned and record the appropriate data on fishing effort (gear characteristics, location and timing of beginning and end of effective fishing operation); (b) monitor incidental catches of cetaceans. Observers may also carry out such other observations, as may be determined by Member States, for the purposes of contributing to the scientific understanding of the catch composition of the vessels concerned and the biological status of fishery stocks. 3. The observer shall send a report containing all the data collected on the fishing effort and observations on incidental catches of cetaceans, including a summary of his/her main findings, to the competent authorities of the flag Member State concerned. The report shall contain in particular the following information for the period in question: (a) the vessel's identity; (b) the name of the observer and the period during which the observer was on board; (c) the type of fishery concerned (including gear characteristics, areas with reference to Annexes I and III and target species); (d) the duration of the fishing trip and the corresponding fishing effort (expressed as total net length × fishing hours for passive gear and numbers of fishing hours for towed gear); (e) the number of incidentally-caught cetaceans, including species and where possible additional information on size or weight, sex, age, and, where appropriate, indications on animals lost during hauling the gear or released alive; (f) any additional information the observer deems useful to the objectives of this Regulation, or any additional observation on cetacean biology (such as sightings of cetaceans or particular behaviour in relation with the fishing operation). The master of the vessel may request a copy of the observer's report. 4. The flag Member State shall keep the information contained in observer's reports for at least five years after the end of the relevant reporting period.
Article 6 Annual reports
1. Each year, Member States shall send the Commission, by 1 June, a comprehensive annual report on the implementation of Articles 2, 3, 4 and 5 during the previous year. The first report shall cover both the remaining part of the year following the entry into force of this Regulation and the entire year that follows. 2. On the basis of the observers' reports provided according to Article 5(3) and all other appropriate data, including those on fishing effort collected in application of Council Regulation (EC) No 1543/2000 of 29 June 2000 establishing a Community framework for the collection and management of the data needed to conduct the common fisheries policy ( 6 ), the annual report shall include estimates of the overall incidental catches of cetaceans in each of the fisheries concerned. This report shall include an assessment of the conclusions of the observers' reports and any other appropriate information, including any research conducted within the Member States to reduce the incidental capture of cetaceans in fisheries. When reporting on the results of scientific studies or pilot projects as provided for in Articles 2(4) and 4(2), Member States shall ensure that sufficiently high quality standards are reached in their design and implementation and shall provide detailed information concerning those standards to the Commission.
Article 7 Overall assessment and review
1. One year at the latest after the submission by Member States of their second annual report, the Commission shall report to the European Parliament and the Council on the operation of this Regulation in the light of the information available as a result of the application of Article 6 and of the assessment by the Scientific, Technical and Economic Committee for Fisheries of the reports of the Member States. The report shall consider in particular the application of this Regulation to types of vessel and areas, the quality of information derived from observer schemes and the quality of pilot projects and may be accompanied by appropriate proposals. 2. This report shall be updated following the submission of the fourth annual report by Member States.
Amendment rationale: CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the TFEU (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the TFEU (implementing acts). In relation to the adoption of Regulation (EU) No 182/2011, the Commission made the following statement: "The Commission will proceed to an examination of all legislative acts in force which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty, in order to assess if those instruments need to be adapted to the regime of delegated acts introduced by Article 290 of the Treaty on the Functioning of the European Union. The Commission will make the appropriate proposals as soon as possible and no later than the dates mentioned in the indicative calendar annexed to this declaration."[1] In the context of the alignment of Regulation (EC) No 812/2004 to the new rules of the TFEU, powers currently conferred to the Commission by that Regulation have been reclassified into measures of delegated nature and measures of implementing nature. The Commission should therefore be empowered to adopt delegated acts to adapt conditions and technical specifications for the use of acoustic deterrent devices. Likewise the Commission should be empowered to adopt implementing acts concerning the procedure and format for reporting obligations for Member States.
Revised version (Article 7 Overall assessment and review):
1. One year at the latest after the submission by Member States of their second annual report, the Commission shall report to the European Parliament and the Council on the operation of this Regulation in the light of the information available as a result of the application of Article 6 and of the assessment by the Scientific, Technical and Economic Committee for Fisheries of the reports of the Member States. The report shall consider in particular the application of this Regulation to types of vessel and areas, the quality of information derived from observer schemes and the quality of pilot projects and may be accompanied by appropriate proposals. 2. This report shall be updated following the submission of the fourth annual report by Member States. 3. By 31 December 2015, the Commission shall review the effectiveness of the measures provided for in this Regulation and shall, if appropriate, submit to the European Parliament and to the Council an overarching legislative proposal for ensuring the effective protection of cetaceans.
Article 8 Adaptation to technical progress and additional technical guidance
1. The following shall be adopted in accordance with the management procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002: (a) operational and technical guidance on the tasks of the observers, as set out in Article 6; (b) detailed rules on reporting requirements, as set out in Article 6. 2. Amendments to Annex II which are necessary in order to adapt it to technical and scientific progress shall be adopted in accordance with the regulatory procedure laid down in Article 30(3) of Regulation (EC) No 2371/2002.
Amendment rationale: CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the TFEU (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the TFEU (implementing acts). In relation to the adoption of Regulation (EU) No 182/2011, the Commission made the following statement: "The Commission will proceed to an examination of all legislative acts in force which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty, in order to assess if those instruments need to be adapted to the regime of delegated acts introduced by Article 290 of the Treaty on the Functioning of the European Union. The Commission will make the appropriate proposals as soon as possible and no later than the dates mentioned in the indicative calendar annexed to this declaration."[1] In the context of the alignment of Regulation (EC) No 812/2004 to the new rules of the TFEU, powers currently conferred to the Commission by that Regulation have been reclassified into measures of delegated nature and measures of implementing nature. The Commission should therefore be empowered to adopt delegated acts to adapt conditions and technical specifications for the use of acoustic deterrent devices. Likewise the Commission should be empowered to adopt implementing acts concerning the procedure and format for reporting obligations for Member States.
Revised version (Article 8 Implementation):
The Commission may adopt implementing acts establishing detailed rules on the procedure for and the format of the reporting provided for in Article 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8b(2).
Article 9 Amendment of Regulation (EC) No 88/98
The following Articles are hereby inserted: 
‘Article 8a
Restrictions on drift-nets
1. From 1 January 2008, it shall be prohibited to keep on board, or use for fishing, driftnets.
2. Until 31 December 2007, a vessel may keep on board, or use for fishing, driftnets if authorised to do so by the competent authorities of the flag Member State.
3. In 2005, the maximum number of vessels which may be authorised by a Member State to keep on board, or use for fishing, driftnets shall not exceed 60 % of the fishing vessels which used drift-nets during the period 2001 to 2003.
In 2006 and 2007, the maximum number of vessels shall not exceed 40 % and 20 % respectively of the fishing vessels which used driftnets during the period 2001 to 2003.
4. Member States shall communicate to the Commission by 30 April of each year, the list of vessels authorised to carry out fishing activities using driftnets; for 2004, the information shall be sent not later than 31 August 2004. 
‘Article 8b
Conditions for drift-nets
1. Floating buoys, with radar reflectors, must be moored to each end of the netting, so that its position can be determined at any time. The buoys must be permanently marked with the registration letter(s) and number of the vessel to which they belong.
2. The master of a fishing vessel using driftnets shall keep a logbook in which he must record the following information on a day-to-day basis:
(a) the total length of the nets on board;
(a) the total length of the nets on board;
(b) the total length of the nets used in each fishing operation;
(b) the total length of the nets used in each fishing operation;
(c) the quantity of by-catches of cetaceans;
(c) the quantity of by-catches of cetaceans;
(d) the date and position of such catches.
(d) the date and position of such catches.
3. All fishing vessels using driftnets shall keep on board the authorisation referred to in Article 8a(2).’
Article 10 Entry into force
This Regulation shall enter into force on 1 July 2004. This Regulation shall be binding in its entirety and directly applicable in all Member States.