Miljø- og Fødevareudvalget 2019-20
MOF Alm.del Bilag 625
Offentligt
2221859_0001.png
Ref. Ares(2020)556491 - 29/01/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MARITIME AFFAIRS AND FISHERIES
The Director General
Brussels
MARE.D3/KJ
Mr Ole Toft
Director of Fisheries
Ministry of Environment and Food
Slotsholmsgade 12
1216 Copenhagen K
Denmark
Dear Mr Toft,
Thank you for your letter of 5 November 2019 concerning the interpretation of articles
12 and 13 of the Common Fisheries Policy (CFP) Regulation (our reference
Ares(2019)6836987).
You are asking about the possibility to adopt emergency measures under the CFP, in
particular whether the provisions under Articles 12 and 13 thereof can be invoked to
protect the marine environment against the effects of beam trawling in the Danish part of
the North Sea and Skagerrak, especially in relation to Natura 2000 sites.
As this is a question of complex and legal nature, we needed to consult several services,
and this has caused some delay in responding to your letter. Our views as described
further are without prejudice to the interpretations issued by the EU Court of Justice.
General views
Under the CFP Regulation (Article 11), conservation measures - such as those restricting
fishing activities in a marine protected area - that are necessary for complying with
specific obligations under Union environmental legislation (Habitats Directive, Birds
Directive and Marine Strategy Framework Directive) may be adopted either by the
Member States (where they do not affect fishing vessels of other Member States), or by
the Commission through delegated acts, following joint recommendations from Member
States.
A Member State may also take, under Article 20 of the CFP Regulation, non-
discriminatory measures for the conservation and management of fish stocks and the
maintenance or improvement of the conservation status of marine ecosystems within 12
nautical miles provided that the Union has not adopted measures addressing such issues.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: J99 06/083- Tel. direct line +32 229-56038
Bernhard. [email protected]
 MOF, Alm.del - 2019-20 - Bilag 625: Orientering til udvalget vedr. mulighederne for at indføre hasteforanstaltninger mod bomtrawlfiskeri, fra ministeren for fødevarer, fiskeri og ligestilling
2221859_0002.png
Moreover, pursuant to Article 15 of the new Technical Measures Regulation, the regional
annexes can be modified/supplemented via Commission Delegated Acts (based on Joint
Recommendations) to make the fishing methods and the gears more selective to
minimise the negative impact of fisheries on marine ecosystems.
Furthermore, in the event of a serious threat to the conservation of the marine biological
resources or to the marine ecosystem that requires immediate action, the Commission
(Article 12) or the Member State in its own waters (Article 13) may adopt emergency
measures to alleviate that threat.
Hence, provided that the specific legal requirements are fulfilled, it is possible to
establish restrictions on the beam trawling in marine protected areas designated under
Union environmental legislation.
On your specific questions
What would constitute an ‘emergency measure’ instating an immediately applicable
ban on beam trawling in the Danish part of the North Sea and Skagerrak?
What requirements would be set in terms of rationale and documentation in order to
justify the use ofArticles 12 and 13 of the CFP?
Emergency measures may be taken if:
there is evidence of a serious threat to the conservation of the marine biological
resources or to the marine ecosystems
and
that serious threat requires immediate action.
Specifically, the Commission may adopt such
emergency measures
under Article
12
of
the CFP Regulation on “duly justified imperative grounds of urgency relating to a serious
threat to the conservation of the marine biological resources or to the marine ecosystem
based on evidence”. The Commission can do so at the reasoned request of a Member
State or on its own initiative.
Member States may adopt the emergency measures under Article 13 of the CFP
Regulation “on the basis of evidence of a serious threat to the conservation of marine
biological resources or to the marine ecosystem relating to fishing activities” in waters
under the sovereignty or jurisdiction of that Member State that require immediate action.
In both cases the evidence of the serious threat and of the need to take immediate action
should be based on the
best available scientific advice, in accordance with Article 3(c)
of the CFP Regulation.
The rationale and the documentation would need to be based on
appropriate evidence supporting both the existence of a serious threat and the urgency of
taking immediate action in order to alleviate that threat..
Although the Commission or the Member State (in its waters) is empowered to adopt
emergency measures, this should be used in exceptional (and urgent) circumstances, as
has recently been done for Eastern Baltic Cod. Emergency measures are not conceived as
a general management tool, and should in particular, not replace management measures
taken by Member States unilaterally or through régionalisation, involving the regional
levels as well as regional stakeholders in fisheries management decisions. It also needs to
be stressed that the emergency measures are temporary in nature and therefore would not
represent a permanent solution to ensure protection of the marine environment.
2
 MOF, Alm.del - 2019-20 - Bilag 625: Orientering til udvalget vedr. mulighederne for at indføre hasteforanstaltninger mod bomtrawlfiskeri, fra ministeren for fødevarer, fiskeri og ligestilling
2221859_0003.png
On the request for information in relation to special obligations and possibilities to
invoke emergency measures in marine protected areas designated under Union
en vironmental legislation
In addition to Articles 12 and 13 of the CFP Regulation, Article 11(4) establishes that the
Commission is to adopt measures in cases of urgency and in the absence of a joint
recommendation by the Member States, as referred to in Art. 11(3) of the CFP
Regulation, for measures necessary for the purpose of complying with environmental
obligations under the Birds, Habitats and Marine Strategy Framework Directives.
Let me highlight that the Commission is taking the issue of negative impact of the
fisheries on the marine environment seriously. The full implementation of EU fisheries
and environmental law is a prominent element of the new Commission’s mission letter.
We will continue working with Member States on enhanced implementation of relevant
provisions for the protection and conservation of marine environment.
Yours sincerely,
Bernhard FRIESS
Acting Director-General
C.C.:
Tea RISOM, Fisheries Attaché, THE PERMANENT
REPRESENTATION OF DENMARK TO THE EUROPEAN
UNION, email: [email protected]
Elisa ROLLER (MARE-D3), Maja KIRCHNER (MARE-Cl),
Valerie TANKINK (MARE-E4)
3
Electronically signed on 29/01/2020 11:08 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563