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Europe Daily Bulletin No. 11239
SECTORAL POLICIES / (ae) fisheries

Legal basis of Baltic management plan problematic

Brussels, 26/01/2015 (Agence Europe) - European Fisheries Commissioner Karmenu Vella welcomed the “wide support” given by the Council on Monday 26 January to the proposal on establishing a multi-species (cod, herring, sprat) management plan in the Baltic Sea. Several countries, including France and Spain, challenged some aspects of the legal basis proposed, however. The Latvian Presidency hopes to find agreement within the Council on this issue in April so that negotiations can be opened with the European Parliament.

The countries most affected, Sweden, Denmark, Finland, Poland, Germany and Estonia, generally backed the Commission proposal, despite certain specific demands on certain parts of the text. Some of these countries felt that the levels to be achieved in terms of mortality by fishery and biomass ought to take account of the most up-to-date scientific advice (a new opinion is due in March).

The countries not affected are following the debate very closely, since this plan will provide the model for other plans in other zones. France, Spain, Italy and Belgium stressed that the Council's areas of competence had to be observed in the text. The legal basis is principally Article 43 paragraph 2 (Parliament-Council co-decisions procedure). Some countries, however, say that the Commission proposal contains provisions that relate to setting fishing opportunities (setting mortality rates by fishery, providing conservation reference points). France argues that these provisions fall exclusively within the Council's area of responsibility (Article 43, paragraph 3) and wants these provisions to feature in a separate text (Article 43.3). “It's possible to have an outcome with two legal acts”, said the French representative. The case of the former cod plan in the North Sea is currently going through the Court of Justice, which has still to deliver its ruling. (LC)

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