Article 11 of the Common Fisheries Policy sets out a new process to be followed by Member States when passing conservation measures under EU environmental laws that could affect fisheries interests of other Member States. This briefing considers the scope of the new processes outlined in Article 11 and also makes recommendations for how Article 11 must be interpreted and implemented to ensure compliance with EU law.
Of most importance, this briefing highlights that measures introduced under Article 11 are for environmental purposes and for this reason, the procedures introduced and measures passed under Article 11 should be supervised and managed by environmental rather than fisheries authorities. This is relevant at a Member State level, and possibly more importantly, the Directorate General for the Environment at the European Commission (DG Environment) – rather than the Directorate General for Maritime Affairs and Fisheries (DG Mare) – must take responsibility for implementation of the new process outlined in Article 11.
Read the briefing: Article 11 of the Common Fisheries Policy