23.4.2005 Official Journal of the European Union L 104/37 COMMISSION COMMISSION DECISION of 26 February 2005 on the request presented by the United Kingdom pursuant to Article 9 of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (notified under document number C(2005) 411) (Only the English, French and Dutch texts are authentic) (2005/322[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploi- tation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 9 thereof, has communicated its request to the concerned Member States. Within the deadline of five working days laid down in Article 9 of Regulation (EC) No 2371/2002, the Commission has received written comments from France, inviting the Commission not to accept the United Kingdom'’s request. The Commission is concerned by the by-catch of cetaceans, which are protected by Council Directive 92/43[EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (%), observed in some fisheries and is fully committed to reduce as much as possible the number of such Whereas: . D e . . animals drowning in fishing gear. Community action has been taken recently through Council Regulation (1) On 27 January 2005, the United Kingdom consulted the (EC) No 812/2004 of 26 April 2004 laying down Commission pursuant to Article 9 of Regulation (EC) No 2371/2002 on the extension of a domestic ban on pair trawling for bass within the 12 miles limit off the south-west coast of England to vessels of other Member States having fishing access to this area, with a view to reducing the by-catch of cetaceans as an interim step until more effective, coordinated action at Community level is possible. When presenting this request, the autho- rities of the United Kingdom referred to their concerns about levels of by-catch of common dolphins in the bass pair trawl fishery and to the Commission decision to reject their case for an emergency closure of this fishery in the Western Channel (ICES division VIIe) (3). measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98 (¥). The abovementioned Regulation provides for observers to be placed on vessels conducting pair trawl fisheries as from 1 January 2005. The issue of cetacean by-catch in pelagic pair trawling is a complex one and was speci- fically addressed as part of the comprehensive scientific review and advice given by the International Council for the Exploration of the Sea (ICES) on cetacean by-catch in fisheries (°). ICES indicated that ‘other fisheries than pair trawling for bass also catch dolphins’ and that ‘there is a need for a comprehensive monitoring of the numerous trawl fisheries active in this region before we can be precise about mitigation requirements’. ICES considered () According to Article 17(2) of Regulation (EC) in particular that a ‘ban on pelagic pair trawling for bass’ No 2371/2002, French and Belgian vessels are authorised would be an ‘arbitrary measure, unlikely to achieve the to fish for demersal species in the 6 to 12 mile area and desired goal’. A prohibition on the use of pair trawls to would  therefore be concerned by the draft measures target sea bass in the United Kingdom inshore waters in proposed by the United Kingdom. the Western Channel is likely to result in a redistribution of fishing effort into adjacent areas, without necessarily ) . ) ] ] reducing the by-catch of common dolphins. (3) In accordance with the conditions stipulated in Article 9 of Regulation (EC) No 2371/2002, the United Kingdom () OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (O] L 284, 31.10.2003, p. 1). (% O] L 150, 30.4.2004, p. 12. (°) Reports of the ICES Advisory Committee on Ecosystems (ACE), 2002 and 2003, available at http://www.ices.dk () OJ L 358, 31.12.2002, p. 59. () Commission Decision of 24 August 2004 on the request presented by the United Kingdom pursuant to Article 7 of Regulation (EC) No 2371/2002 — C(2004) 3229