Delegated Regulation (EU) 2017/117 is amended as follows:
(1)
Article 2 is replaced by the following:
‘Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply in addition to those laid down in Article 4 of Regulation (EU) No 1380/2013, Article 4 of Council Regulation (EC) No 1224/2009 and Article 2 of Commission Implementing Regulation (EU) No 404/2011 ( *1 ) :
(a)
“mobile bottom contacting gear” means any of the following gear: bottom trawl (TB), beam trawl (TBB), bottom otter trawl (OTB), otter twin trawl (OTT), bottom pair trawl (PTB), nephrops trawl (TBN), shrimp trawl (TBS), seine nets (SX), Danish anchor seine (SDN), Scottish seine (SSC), boat or vessel seine (SV), boat dredge (DRB), beach seine (SB), pair seine (SPR), hand dredges used on board a vessel (DRH) and mechanised dredges including suction dredges (HMD);
(b)
“gillnets and entangling nets” means any of the following gears: gillnets (GN), set (anchored) gillnets (GNS), driftnets (GND), encircling gillnets (GNC), trammel nets (GTR) and combined trammel and gillnets (GTN);
(c)
“Areas 1” means the restricted areas that correspond to the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in the Annex under the heading “Areas 1” to this Regulation, which shall be measured according to the WGS84 coordinate system;
(d)
“Areas 2” means the restricted areas that correspond to the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in the Annex under the heading “Areas 2” to this Regulation, which shall be measured according to the WGS84 coordinate system;
(e)
“Areas 3” means the restricted areas that correspond to the geographical areas enclosed by sequentially joining with rhumb lines the positions listed in the Annex under the heading “Areas 3” to this Regulation, which shall be measured according to the WGS84 coordinate system;
(f)
“Alert zone” means a 4 nautical-mile surrounding area established for the purpose of warning the competent authorities about fishing vessels approaching restricted areas classified as “Areas 2”.
( *1 ) Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy ( OJ L 112, 30.4.2011, p. 1 , ELI: http://data.europa.eu/eli/reg_impl/2011/404/oj ).’;"
(2)
in Article 3, the following paragraph 3 is added:
‘3. Fishing with static nets without the simultaneous use of acoustic deterrent devices shall be prohibited in Areas 3. This prohibition shall also apply to recreational fisheries.
The Member States concerned shall review the data on incidental catches of harbour porpoise annually and shall assess it by 31 December 2026 at the latest. The data on incidental catches or any relevant information, including scientific evidence on the use of acoustic deterrent devices in relation to harbour porpoise, shall be used in order to adjust the conservation measure referred to in this paragraph, pursuant to the procedure laid down in Articles 11 and 18 of Regulation (EU) No 1380/2013.’
;
(3)
in Article 4, paragraph 1 is replaced by the following:
‘1. The provisions laid down in Article 50 of Council Regulation (EC) No 1224/2009 ( *2 ) concerning the control of fisheries restricted areas, shall apply in Areas 1, 2 and 3.’
( *2 ) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 ( OJ L 343, 22.12.2009, p. 1 , ELI: http://data.europa.eu/eli/reg/2009/1224/oj )."
;
(4)
in Article 4a, the following paragraph 2a is added:
‘2a. All fishing vessels operating in Areas 3 shall be fitted with and maintain in continuous operation an Automatic Identification System (AIS) which meets the performance standards referred to in Article 6a of Directive 2002/59/EC of the European Parliament and of the Council ( *3 ) The AIS may be switched off in the exceptional circumstances referred to in Article 10 of Regulation (EC) No 1224/2009 and in accordance with the procedure established in that Article. Member States shall ensure that data from the AIS is made available to their competent authorities responsible for fisheries control for control purposes, including cross-checks of AIS data with other available data, in accordance with Article 109 of Regulation (EC) No 1224/2009.
( *3 ) Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC ( OJ L 208, 5.8.2002, p. 10 , ELI: http://data.europa.eu/eli/dir/2002/59/oj ).’."