Complementary roles of European and national institutions under the Common Fisheries Policy and the Marine Strategy Framework Directive

When the Lisbon Treaty entered into effect, the European Parliament became a core player in the decision-making processes of the EU’s Common Fisheries Policy (CFP) and its external dimensions. This new role suggested a shift towards stronger politicization in what had previously been a rather technocratic policy field. However, the CFP is not yet marked by a clear and consistent level of politicization. I use the concept of ‘layered politicization’ to explain this pattern. Although it is not comparable to the degree of political controversy shaping fully politicized policy fields, some similar political dynamics can be observed. Among them is a transformation in the policy process due to higher ratification requirements; a higher likelihood of political deadlock resulting from an increasing number of veto-players; and a strengthening of the contested legitimacy of EU decision-making. An empirical test of these theoretical propositions is provided here in the form of two case studies; the negotiation of Fisheries Partnership Agreements with Morocco and Mauritania.

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Preliminary results on the use of semi-floating shrimp traps for the striped soldier shrimp, Plesionika edwardsii (Crustacea: Decapoda: Pandalidae), off the Algarve coast (southern Portugal)

Scientia Marina ◽

10.3989/scimar.04758.02a ◽

2018 ◽

Vol 82 (S1) ◽

pp. 209

Author(s):

Moritz Eichert ◽

Aida Campos ◽

Paulo Fonseca ◽

Victor Henriques ◽

Margarida Castro

Keyword(s):

Environmental Impact ◽

Deep Water ◽

Bottom Trawl ◽

Marine Strategy Framework Directive ◽

Precautionary Approach ◽

Preliminary Results ◽

Product Value ◽

Fisheries Policy ◽

Southern Portugal ◽

Experimental Survey

The present study provides an account of an experimental survey aiming at the evaluation of the catchability of the striped soldier shrimp, Plesionika edwardsii, using semi-floating shrimp traps off the Algarve coast (southern Portugal). Currently, this species is not targeted by the crustacean bottom trawl fleet, and preliminary results on product value suggest that this may become an economically viable new fishery. Preliminary results suggest that this fishery could contribute to the diversification of fixed gears of low environmental impact targeting deep-water crustaceans, in agreement with the objectives of both the Marine Strategy Framework Directive and the reformed Common Fisheries Policy. However, potential spatial conflicts with trawling, the unknown size of the resource and a necessary precautionary approach may limit the number of licences that can be granted.

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Taking the Pulse of Environmental and Fisheries Law: The Common Fisheries Policy, the Habitats Directive, and Brexit

Journal of Environmental Law ◽

10.1093/jel/eqy027 ◽

2019 ◽

Vol 31 (3) ◽

pp. 443-464 ◽

Cited By ~ 1

Author(s):

Thomas Appleby ◽

James Harrison

Keyword(s):

Nature Conservation ◽

Conservation Law ◽

Habitats Directive ◽

Member States ◽

Progressive Reform ◽

Fishing Vessels ◽

Fisheries Policy ◽

The Common ◽

Fisheries Law ◽

The Eu

Abstract There has long been a tension between environmental regulation and the European Common Fisheries Policy (CFP), which has been addressed over time through progressive reform of the CFP. It is now recognised that Member States may comply with their obligations under EU nature conservation law by taking unilateral non-discriminatory measures within their territorial seas to protect the marine environment from threats posed by fishing. Nevertheless, fundamental uncertainties remain when it comes to the application of these obligations to offshore waters. This article explores the options available to coastal states in this context and the weaknesses of the procedures introduced to the reformed CFP in 2013. It is argued that compliance with nature conservation law in the context of fisheries is not discretionary and that in the absence of measures agreed at the EU level, Member States must comply with their obligations under the Habitats Directive in their capacity as a flag state. Finally, the article addresses the implications of Brexit for the protection of European Marine Sites in UK waters, suggesting that Brexit offers opportunities to strengthen the protection of marine ecosystems by making future access arrangements for foreign fishing vessels conditional upon compliance with nature conservation laws.

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