Technical since 1980 Measures Proposal Proposal for a Regulation - PDF document

• 90 regulations Technical since 1980 Measures Proposal Proposal for a Regulation of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 1224/2009 and Regulations (EU) No 1343/2011 and (EU) No 1380/2013 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 Lack of Clear Objectives & Targets • Sub-optimal performance • Difficult to measure effectiveness • Qualitative objectives: "ensure the protection of .… resources and the balanced exploitation of fishery • Prescriptive and complex resources " "reducing the capture of juveniles" "protecting nursery and spawning areas" • Lack of flexibility • How to measure success? • Lack of "buy-in" No quantitative metrics TCMs part of broader input/output controls Not possible to disentangle effects Lack of Incentive Prescriptive and complex • Incentive to mitigate regulations not unwanted catches • Additional rules added: • Technological and legislative arms race 1

Impact Assessment: consultation impact assessment: comparing options public consultation (2014) internet contributions continued consultation of key stakeholders (2011-2015) main conclusions/recommendations/needs identified: - results-based management - accountability of fishermen for catches - simplification, but safeguard level playing field - regionalization - framework approach – overarching objectives, common standards, safeguards - incentive structures for selectivity architecture general provisions (chapter I): new technical measures: key elements objectives co-decided scope focus on governance and managing the transition to 2019/2020 targets definitions 1. general structure for future technical measures – agreed with long-term perspective (co-decision) common technical rules (chapter II): 2. baseline measures by sea basin – in absence of measures adopted under prohibited gears/methods regionalization (COM regulations) co-decided species/habitats general minimum conservation sizes measures to reduce discarding no fundamental changes to existing rules and provisions Scope - all EU waters Regionalisation (chapter III) : review of closures and area restrictions based on scientific advice – NATURA 2000 unaffected; species & size selectivity co-decided but simplification for mesh size regulations closed/restricted areas provisions to shift of detail to COM acts minimum conservation reference sizes amend real-time closures and moving on annexes under innovative fishing gears existing conservation/selectivity standards retained regionalisation nature conservation measures New Element - Specific targets (co-decision) catches of species below minimum size shall not exceed 5% North Sea North South Baltic Sea Mediterran Black Sea annexes Western western -ean catches of marine mammals, reptiles and seabirds do not exceed specified under Waters Waters levels (e.g. ASCOBANS 1.7%) regionalisation Ensure environmental impacts do not exceed levels required for good environmental status (MSFD) common provisions, rules & measures regionalization – relevant articles common technical measures regionalization framework – link to Annexes V – XI (art. 18) - definitions (art. 5 & 6) - prohibited gears and practices (art. 7 & 8) regional measures under multiannual plans (art. 19) - restrictions on use of towed and static gears (artt. 9 & 10 plus Annex III) - species & size selectivity (art. 20) - protection of sensitive fish and shellfish species (art. 11 plus Annex I) - closed/restrictedareas (art. 21) - bycatches of marine mammals, seabirds, marine reptiles (art. 12) - minimum conservation reference sizes (art. 22) - protection of sensitive habitats (including VMEs) (art. 13 plus Annex II) - real-time closures and moving on (art. 23) - provisions on marine species below mcrs (art. 14 & 15 plus Annex IV)) - innovative fishing gears (art. 24) - discard reduction: high-grading and slipping prohibitions (art. 16) - nature conservation measures (art. 25) - pilot projects on species not under catch limits (art. 17) - scientific research and artificial restocking and transplantation (art. 29 & 30) regional measures under temporarydiscard plans (art. 26, linked to Art. 15(6) of 2014 CFP) - safeguard measures (art. 31) 2

annexes regionalization - annexes provisions open for amending, supplementing, derogating, under regionalization in accordance with: - article 19 (regional measures under multiannual plans), and - article 32 (empowerment for COM to adopt delegated acts) of this proposal, and I prohibited species (art. 11) - article 18 of Regulation (EU) No 1380/2013 (regionalization provision in 2014 CFP) COM empowerment for delegated act II closed areas for protection of sensitive habitats (art. 13) COM empowerment for delegated act annex: V VI VII VIII IX X XI sea basin: NS NWW SWW Baltic Med Black OR III species prohibited for capture with driftnets (art. 10) measures: minimum conservation reference size A A A A A A A mesh sizes B B B B B B IV measurementof the size of a marine organism (art. 14) closed/restricted areas C C C C C B restrictions on the use of fishing gears C V – XI regionalization mitigation measures sensitive species D D D D D D innovative fishing methods E 3