Brussels, 25/06/2012 (Agence Europe) - The technical conservation measures for fish resources, which come on top of the decisions on catch possibilities, are among the key elements of a regionalised approach to fisheries management, as provided for by the draft reform of the common fisheries policy (CFP). A large number of these technical measures are due to expire on 31 December 2011. In order to avoid any disruption, and pending the creation of a new regionalised legislative framework under the reformed CFP, the European Commission therefore adopted a proposal on 21 June aiming to ensure that the current measures are kept in place after this date.
It proposes to include the technical measures in the global regulation on the Community waters of the Atlantic Ocean (Regulation 850/98), which will make it possible to ensure legal security whilst leaving plenty of time to develop a new approach to technical measures in line with the reformed CFP. The Commission states that it will present a proposed regionalised framework for technical conservation measures once the new CFP has been adopted.
The question has been pending since the Treaty on the functioning of the EU (TFEU) entered into force, stipulating that only measures on setting and dividing up fishing opportunities may be defined by the annual regulation on fishing possibilities (the only element of the CFP which remains outside co-decision), whilst the “associated conditions” (technical measures) which govern the use of fishing possibilities, without being functionally related to them, must be adopted by co-decision. In 2009, the technical measures were laid down for 18 months (Regulation 43/2009) and then, pending the planned reforms, were extended, again for 18 months, in June 2011 (Regulation 579/2011).
The Commission's new proposal modifies the initial regulation (850/98), brings some of these measures up to date in line with the recommendations of the North East Atlantic Fisheries Commission (NEAFC) and incorporates the technical measures aiming to reduce discards of pelagic species in the North East Atlantic decided upon in 2010 between the EU, Norway and the Faroe Isles and which have not yet been transposed into Community legislation. Once this regulation is adopted, the 2009 and 2011 regulations will be repealed.
“Technical measures” denotes the entire raft of rules which govern the fishing zones and fishing gear used, as opposed to quantities (fishing effort) and/or catches (TACs and quotas) authorised. The technical measures relate to: minimum landing sizes, minimum net mesh sizes, zones and closed seasons, limiting by-catch (accidental catches of non-target species), the criteria to use more selective fishing gears (in order to reduce by-catch) and measures designed to protect the marine environment. These have considerable impact in achieving the objective of sustainable fisheries and stock conservation, and for various measures related to the management of the Natura 2000 network, particularly as regards the protection of vulnerable deep-sea habitats. (LC/transl.fl)