Director-General Mr. Bernhard Friess
Directorate-General for Maritime Affairs and Fisheries, DG MARE
Fisheries Section
Case No.: 2019-15595
DATE
Dear Mr. Friess,
The Danish Minister for Food, Fisheries and Equal Opportunities has received a
formal question from a member of the Danish Parliament regarding the possibility
to adopt emergency measures in accordance with Articles 12 and 13 of the Common
Fisheries Policy (CFP), Reg. No. (EU) 1380/2013. The questioner wishes to know if
the provisions under Articles 12 and 13 can be invoked to protect the marine
environment against the effects of beam trawling in the Danish part of the North
Sea and Skagerrak, in particular in relation to Natura 2000 sites.
The areas in question are traditionally subject to fisheries activities and beam trawls
have been in use for many years. In 2019, however, there has been a considerable
increase in the beam trawl effort in the Danish part of the Skagerrak. The negative
effects of beam trawling on the nature are well documented in academic literature
and the increased effort has led to concerns about the condition of the marine
environment.
Following the provisions set out under Articles 12 and 13 of the CFP, 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 of
Articles 12 and 13? In line with the questioners reference to the Danish Natura 2000
areas we would also like to have information in relation to special obligations and
possibilities to invoke emergency measures in marine protected areas designated
under Union environmental legislation.
We would very much appreciate the help from your services in order to give the
questioner from the Danish Parliament a comprehensive answer. If you have
explanatory questions in relation to the question posed we of course will try to give
an answer to these.
Yours sincerely,
Ole Toft
Fisheries Director
Ministry of Environment and Food
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