PelAC has raised concerns with the EU Commission regarding the French decision to close fishing in the Bay of Biscay over cetacean bycatch
Concerns Raised Over Lack of Consultation in Implementing Emergency Measures on Cetacean By-Catch
In a recent communication to the Directorate General for Maritime Affairs and Fisheries, the Pelagic Advisory Council (PelAC) has expressed significant concerns regarding the absence of proper consultation under the Common Fisheries Policy (CFP) Article 13(2).
This issue came to light following the emergency measures adopted by France to limit cetacean by-catches in the Bay of Biscay.
In a letter dated March 21, 2024, Ms. Charlina Vitcheva, Director General of the Directorate General for Maritime Affairs and Fisheries, responded to a previous letter from PelAC regarding these emergency measures. However, PelAC Chairman Sean O’Donoghue emphasised that the response did not address the core issue: the lack of consultation with relevant Advisory Councils, as mandated by CFP Article 13(2).
Article 13(2) of the CFP stipulates that when a Member State adopts emergency measures affecting the fishing activities of other Member States, it must consult the Commission, the relevant Member States, and the relevant Advisory Councils on a draft of the measures. This consultation must include an explanatory memorandum, and the Member State must provide a reasonable consultation period of at least one month.
PelAC asserts that France’s implementation of these measures did not comply with these provisions. Specifically, they argue that no consultation with the relevant Advisory Councils took place, and the minimum notice period was not respected before the measures were implemented on January 22, 2024.
O’Donoghue’s letter seeks clarification from the Commission on this procedural lapse and asks how the Commission intends to prevent similar situations in the future. The letter highlights the importance of adhering to established protocols to ensure transparency and cooperation among Member States and stakeholders.
PelAC’s call for clarity and adherence to procedural requirements underscores the importance of collaborative governance in fisheries management. The outcome of this issue will be closely watched by industry stakeholders and regulatory bodies, as it has significant implications for the implementation of emergency measures and the overall governance of European fisheries.