FISHERIES AND ENVIRONMENT The reformed CFP for environmental obligations MEG, October 30, 2014

Common Fisheries Policy December 2013: Regulation 1380/2013 on the common fisheries policy Main articles relevant to environment: Article 11 on fisheries conservation measures necessary for compliance with obligations under Union environmental law Article 18 on the concept of regional cooperation (regionalization)

Regionalization Member States may submit a joint recommendation to the Commission for certain fisheries conservation measures, if The Commission has been granted powers to adopt those measures by means of delegated or implementing acts, The measures apply to a geographical area, and Member States have direct management interest affected by those measures (Member States having a direct management interest: MS with either fishing opportunities or fisheries in its EEZ/ traditional fisheries on the Mediterranean high seas).

Regionalization Article 18 is a procedure to adopt non-legislative acts by the Commission on the basis of joint recommendation of Member States. It is an option: Member States may cooperate at regional level. It is for the Member States to decide whether they wish to cooperate to develop joint recommendations, and if so how to cooperate.

Regionalization Joint recommendations shall be based on the best available scientific advice, compatible with the objectives of the CFP basic regulation, of the relevance to the conservation measure, at least as stringent as measures under Union law and submitted within a set deadline. MS shall ensure cooperation with one another, stakeholder consultations through relevant Advisory Councils, and scientific advice is obtained, if necessary.

Regionalization Commission act The Commission may adopt such measures as contained in a joint recommendation, upon a formal request of the Member States, as a whole, or reject it, if not appropriate. The measures must be defined with all the technical details required for the Commission to assess them and include them in a delegated act. The Commission stands ready to facilitate the cooperation between Member States, including, where necessary, by ensuring that a scientific contribution is obtained from the relevant scientific bodies.

Article 11 of Regulation 1380/2013 Conservation measures necessary for compliance with obligations under Union environmental legislation Environmental legislation concerned: Article 13(4) of MSFD, Article 4 of Birds Directive and Article 6 of Habitat Directive No distinction whether the waters are within 12 nautical miles or beyond, in other waters under the sovereignty or jurisdiction of Member States

Article 11 of Regulation 1380/2013 Conservation measures necessary for compliance with obligations under Union environmental legislation Four scenarios: Scenario 1: the proposed measures concern exclusively a Member State's own vessels Scenario 2: Member States with a direct management interest in the fishery to be affected by the conservation measures develop a joint recommendation (regionalisation) Scenario 3: there is no joint recommendation or it is not compatible with the necessary requirements Scenario 4: cases of urgency

Article 11 Scenario 1 measures concern exclusively a Member State's own vessels Member States are directly empowered to adopt national conservation measures necessary to comply with their environmental obligations listed above so long as the measures only concern those vessels of the Member State taking the conservation measures, and do not affect fishing vessels of other Member States. Although not a requirement, with a view to building shared knowledge, Member States may consider making available information on the measures they have taken with other Member States, Advisory Councils and the Commission.

Article 11 Scenario 2 regionalisation Member States may cooperate at regional level to develop joint recommendations. If Member States decide to cooperate (with one initiating MS), in addition to the general requirements as regards regionalisation, the initiating Member State shall provide the Commission and the other Member States having a direct management interest with relevant information, shall identify which other Member States may have a direct management interest in the measures it intends to take; Deadline is set: within six months from the provision of sufficient information.

Article 11 Scenario 2 regionalization Commission to assess if the information received is complete; check if it is compatible with all relevant ENV, CFP legislation; take account of available scientific advice; adopt the measures within three months, if in conformity with the above conditions.

Article 11 Scenario 3 no (appropriate) joint recommendation Member States do not agree on a joint recommendation within the six months deadline referred to under scenario 2, or the joint recommendation is not compatible with the objectives of the CFP basic regulation, of the relevant Union environmental legislation or is not at least as stringent as measures under Union law. If one of the above circumstances arises, Member States may put forward a request to the Commission to take conservation measures under the CFP. Based on this, the Commission may submit a proposal in accordance with the Treaty.

Article 11 Scenario 4 cases of urgency Member States may ask the Commission to adopt specific conservation measures, if no joint recommendation is in place, It is a case of urgency: risk that the achievement of the objectives of the conservation measure is in jeopardy, Such measures may apply for a maximum period of 12 months which may be extended for a further maximum period of 12 months provided the risk continues to exist.

Thank you….