Article 2

The masters of Union fishing vessels shall ensure that the acoustic deterrent devices referred to in point 1.1 of Annex XIII to Regulation (EU) 2019/1241 are fully operational, during the whole fishing operation.

Such acoustic deterrent devices shall comply with one of the sets of the technical specifications and conditions of use defined in Annex I to this Regulation.

By way of derogation from paragraph 2, Member States may authorise the use of acoustic deterrent devices that do not fulfil the technical specifications or conditions of use defined in the Annex, provided that such devices are at least equally effective in the reduction of incidental catches of cetaceans as the acoustic deterrent devices with the technical specifications or conditions defined in the Annex, and this has been duly documented.

Member States shall inform the Commission of the authorisations issued in accordance with paragraph 3 within two months of the date of issue.

The notification referred to in paragraph 4 shall be accompanied with detailed technical and scientific information on the acoustic deterrent devices authorised according to paragraph 3 and their effects on incidental catches of cetaceans.