1120*

Nature legislation and the CFP NADEG 22 May 2018 Vedran Nikolić Nature Protection Unit DG Environment

Marine Natura 2000 network State of play More than 3140 marine sites (out of ˃27000) Covers ˃7% of EU seas (˃400.000 km2) Total EU MPAs: 10.8% - Natura 2000 plays a major role Network is not complete, esp. in the offshore area Differences across regional seas Collective EU effort: the area under marine Natura 2000 has doubled in the last 5 years! 3

Marine Annex I habitats Marine Annex II species Code 1110 Sandbanks 1120* Posidonia beds 1170 Reefs 1180 Submarine structures made by leaking gases 8330 Submerged or partially submerged sea caves + SEABIRDS Code 1349 Tursiops truncatus (also in Annex IV) 1351 Phocoena phocoena (also in Annex IV) 1364 Halichoerus grypus (also in Annex V) 1365 Phoca vitulina (also in Annex V) 1366 Monachus monachus* (also in Annex IV) 1938 Phoca hispida botnica (also in Annex V) 1224 Caretta caretta* (also Annex IV) 1227 Chelonia mydas* (also Annex IV) 1095 Petromyzon marinus 1099 Lampetra fluviatilis (also Annex V) 1100 Acipenser naccarii* (also Annex IV) 1101 Acipenser sturio* (also Annex IV) 1102 Alosa alosa (also Annex V) 1103 Alosa fallax (also Annex V) 4125 Alosa immaculata (also Annex V) 4127 Alosa tanaica (also Annex V) 1113 Coregonus oxyrhynchus* (also Annex IV) 2578 Gibbula nivosa (also Annex IV)

Sufficiency of marine SCI/SPA designation Sources: https://circabc.europa.eu/sd/a/d507be1f-b51a-447b-90d1-657e55e80d84/Marine%20Natura%202000%20-%20state%20of%20play.pdf Birdlife International

Marine SAC designation is delayed Source: https://circabc.europa.eu/sd/a/d507be1f-b51a-447b-90d1-657e55e80d84/Marine%20Natura%202000%20-%20state%20of%20play.pdf

The EU common fisheries policy (CFP) The exclusive EU competence (Article 3d TFEU): -the conservation of marine biological resources under the common fisheries policy Set of rules (CFP tools) Where can I fish? (in principle, all MS have the right to fish in all MS outside 12 NM) What fishing gear can I use? (technical measures) How much can I fish? (fleet management, fishing quotas, multiannual plans) Control Data collection Funding (EMFF)

The main CFP tools CFP tool Legal acts “Basic regulation” Regulation (EU) No 1380/2013 Data collection framework Regulation (EU) 2017/1004, Commission Implementing Decisions (EU) 2016/1251 and (EU) 2016/1701 Multiannual plans Recent COM proposals (2018): COM/2018/0115 final - 2018/050 (COD) and COM/2018/0149 final - 2018/074 (COD) Technical measures COM proposal: COM/2016/0134 final - 2016/074 (COD) Control Under revision Funding (EMFF) Regulation (EU) No 508/2014

The new CFP “basic” regulation - Regulation 1380/2013 Main principles: environmental sustainability, precautionary approach, simplification of rules, regionalisation, landing obligation, … + SETS THE MAIN PRINCIPLES FOR ALL OTHER CFP TOOLS Regionalisation MS are given greater control at national and regional level Groups of Member States can present joint recommendations to the Commission that can be implemented as Commission delegated acts if the COM agrees that they are fit for purpose and Advisory Councils have been consulted If no unanimity between MS - the ordinary procedure (co-decision). Applies to: multiannual plans, discard plans, technical measures (not yet!), establishment of fish stock recovery areas and conservation measures necessary for compliance with obligations under EU environmental legislation (Article 11)

The new CFP “basic” regulation - Regulation 1380/2013 Coherence with nature directives The CFP “basic regulation” introduced the framework for adoption of conservation measures in Natura 2000 sites (and MSFD-relevant measures) through its Article 11, which was a very important step forward compared to the previous CFP The framework for adopting the measures for protection of species or habitats outside the network is still being complemented by new regulations The reform that has started in 2011 is still ongoing

New generation of fisheries multiannual plans (MAPs) Main objective: Reach MSY, reduce discards The option to adopt technical measures to comply with BHD requirements (incl. outside Natura 2000 sites) are now included in two recently proposed plans – measures need to be proposed through regionalisation. However, the comprehensive framework for such conservation measures should be …the “technical measures” regulation.

“Technical measures” regulation Rules on where and how fishermen can fish COM PROPOSAL (2016) – third one since 2002: ensuring consistency with the new CFP and EU environmental policy (BHD, MSFD), intends to replace numerous complicated and non-implementable regulations Main principles: result-based management, simplification of the rules, regionalisation. Contains provisions on measures to reduce incidental by-catch of strictly protected species (incl. under BHD) and impact on marine ecosystems (incl. BHD habitats)

Data collection New Data collection framework (DCF) and multiannual programmes (since 2017) Problem: Data required under HD Art 12(4) so far collected non-consistently, without direct requirements under fisheries legislation or poorly implemented (like Regulation 812/2004-”Cetaceans regulation”) New DCF/MAP defines what specifically needs to be collected and sets some criteria for data needs and quality Provisions to collect the data on incidental catch and impact of fisheries on marine ecosystems – necessary to define the required conservation measures

Fisheries management measures for Natura 2000 sites and MSFD-relevant measures (CFP - Article 11) Scenario 1 (Article 11(1)): the measures to be adopted may affect exclusively fishing vessels flying the flag of the Member State concerned. In this case, the Member State concerned is empowered to adopt the measures in question under the specified conditions set out in Article 11(1) of the CFP. Scenario 2 (Article 11(2)-11(3)): the measures to be adopted would affect a fishery where more than one Member State has a direct management interest. In this case, the Member States concerned shall cooperate at regional level to develop a joint recommendation and to submit it to the Commission. After assessing whether the joint recommendation is in line with the requirements set out in Article 11, the Commission is empowered to adopt these measures by means of a delegated act. For this purpose, Article 18 (1) to (4) and (6) of the CFP applies. In the absence of a joint recommendation: co-decision Commission can also introduce emergency measures

Experience with the use of Art 11 Completed and/or ongoing work in BE, DE, DK, NL, SE, UK… Lessons learnt: The need of sound scientific knowledge and mapping of habitats to be protected. The importance of close and early stakeholder involvement and transparency of procedures towards preparing joint recommendations. Measures need to be proportionate and avoid discrimination. The conservation objectives of the sites must be the starting point. The process can be lengthy and needs therefore to be carefully planned, especially concerning the requirements on regionalisation under Art. 11/18 CFP. Adequate monitoring and control is a significant challenge. If MSs cannot agree on the joint recommendation, the legal obligation of the initiating MS cannot be fulfiled. -The need for close and effective cooperation!

Supporting activities under the Marine Expert Group: Common methodology to assess impact of fisheries on marine Natura 2000 (2012) Overview of the potential interactions and impacts of commercial fishing methods on marine habitats and species protected under the EU Habitats directive - sensitivity analysis matrices (2014) Review of fisheries management measures in Natura 2000 sites (2017) Exchange of best practices through Natura 2000 seminars and workshops (e.g. workshop for the Mediterranean Sea in Croatia in 2017) Action plan for nature, people and the economy Action 4 – facilitate the development of fisheries measures under the CFP Commission staff working document on the establishment of conservation measures under the common fisheries policy for Natura 2000 sites and MSFD-relevant measures

Conclusions Need to accelerate the progress in setting and implementing fisheries management measures in marine Natura 2000 sites (SAC designation) Need to enhance the cooperation between nature and fisheries authorities in: -data collection; -setting conservation measures in Natura 2000 sites, including through joint recommendations; -implementation of EMFF Ops. Need to make best use of the CFP tools to address the incidental by-catch of strictly protected species and impacts on habitats Discussions in the MEG, Natura 2000 seminars, links with the MSFD, Nature Action Plan