Vedran Nikoli ć , Anna Cheilari , Kenneth Patterson European Commission

1. EU nature, marine and fisheries policy: relevant provisions on monitoring and assessing bycatch of protected and endangered species Vedran Nikolić, Anna Cheilari, Kenneth Patterson European Commission DG ENVIRONMENT, DG MARE

2. Strict protection of species For species listed in Annex IV of the Habitats Directive (e.g. all cetaceans),a strict protection regime must be applied across their entire natural range in the EU (both within and outside Natura 2000 sites). Similar rules apply to all wild birds under the Birds Directive. Natura 2000 sites For species listed in Annex II of the Habitats Directive (e.g. Tursiopstruncatus, Phocoenaphocoena) Special Areas of Conservation (SAC) should be designated, protected and managed. Under the Birds Directive, these are Special Protection Areas (SPAs) for birds listed in Annex I of the Directive and regular migratory species. Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora; Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds EU Habitats and Birds Directives: two pillars of protection

3. Strict protection of species • SYSTEM of strict protection under Article 12 of the Habitats Directive • Prohibited: deliberate capture or killing, disturbance and deterioration or destruction of breeding sites or resting places • A system to monitor the incidental captureor killing and further research and measures to ensure that it does not have a significant negative impact on the species • Guidance document on the strict protection of animal species of Community interest under the Habitats Directive 92/43/EEC - Currently updated • Similar provisions apply under Article 5 of the Birds Directive (without specific reference to the system of monitoring of incidental capture) • Additional measures might be needed in Natura 2000 sites.

4. The Marine Strategy Framework Directive Good Environmental Status: "the environmental status of marine waters where these provide ecologically diverse and dynamic oceans and seas which are clean, healthy and productive”

5. MSFD GES decision: D1C1 criterion for bycatch D1C1: Mortality rate per species from incidental bycatch is below levels which threaten the species, such that its long-term viability is ensured • Member States shall establish a list of species (birds, mammals, reptiles and non-commercially-exploited species of fish and cephalopods) • Member Statesshall establish threshold values per species • Member Statesshould report in order to express extent of GES achieved the mortality rate per species and whether this has achieved the threshold value set • Joint Research Centre (JRC) is working on methods to harmonise threshold values for D1C1. Proposal to be presented in working group on Good Environmental Status meeting (19-20 September 2019, Brussels) Commission Decision (EU) 2017/848 of 17 May 2017 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment, and repealing Decision 2010/477/EU

6. Two essential conditions for ensuring compliance with the Birds, Habitats and Marine Strategy Framework Directive are - systematic and robust monitoring of the level of incidental capture and killing (all relevant fisheries and areas adequately covered by appropriate sampling)and - establishment of threshold values This should lead to an appropriate assessment of impact on the species concerned and to the implementation of the necessary preventive measures. What is required under EU nature and marine legislation?

7. What is required under EU common fisheries policy? • Data collection • The EUdata collection framework (DCF, 2017): rules on the collection, management and use of biological, environmental, technical and socio-economic data • New requirements on collection of data to assess the impact of EU fisheries on marine ecosystems, in particular on incidental bycatch of birds, mammals, reptiles and fish protected under Union legislation and international agreements • Aims to fill the existing data gaps and facilitate compliance with provisions of Article 12 of the Habitats Directive • Multiannual union programmefor the collection, management and use of data in the fisheries and aquaculture sectors for the period 2017-2019

8. Data collection - methods • Data collection methods and quality - appropriate for the intended purposes, follow the best practices and relevant methodologies advised by the relevant scientific bodies • For all types of fisheries and vessels: incidental bycatch of all protected species, including absence in the catch - collected during scientific observer trips or by the fishers themselves through logbooks(+ additional methodsif needed) • The selection of these methodologies shall be coordinated at marine region level and be based on end-user needs • The discussion: Regional Coordination Groups for data collection, scientific institutions, data users (incl. regional seas conventions)

9. Measures to prevent bycatch -“Technical Measures Regulation” • New “Technical Measures Regulation” - Regulation 2019/1241 • Contains targets and obligations to implement measures to minimise and where possible eliminate the incidental bycatch of species protected under the Nature Directives, along with some baseline measures for certain sea basins • Incorporates main requirements contained in Council Regulation (EC) 812/2004 • (Specific measures in Natura 2000 sites are applied in line with Article 11 of Regulation 1380/2013)

10. Technical Measures Regulation Article 3: Objectivesensurethatincidental catches of sensitive marine species, includingthoselistedunder Directives 92/43/EEC and 2009/147/EC [...] thatresultfromfishing are minimised and where possible eliminatedsuchthatthey do not represent a threat to the conservation status of thesespecies;ensure ,including by usingappropriateincentives, that the negativeenvironmental impacts of fishing on marine habitats are minimised [...];have in place fisheries management measures for the purposes of complyingwith the obligations under Directives 92/43/EEC, 2009/147/EC, 2008/56/EC in particularwith a view to achieving good environmentalstatus in line with Article 9(1) of thatDirective,and 2000/60/EC.

11. Article 4: Targets Technicalmeasuresshallaim to ensure[...]: [...] thatbycatches of marine mammals, marine reptiles, seabirds and other non-commerciallyexploitedspeciesdo not exceedlevelsprovided for in Union legislation and international agreementsthat are binding on the Union. Technical Measures Regulation

12. Annex XIII: measures applicable to cetaceans, seabirds and turtles • MemberStates shalltake the necessarysteps to collectscientific data on incidental catches of sensitive species. • As a result of scientificevidence, validated by ICES, STECF, or in the framework of GFCM, of negative impacts of fishinggears on sensitive species, Member States shallsubmit joint recommendations for additional mitigation measures for the reduction of incidental catches of the concernedspecies or in a concerned area on the basis of Article 18 of thisRegulation. • Member States shallmonitor and assess the effectiveness of the mitigation measuresestablishedunderthisAnnex. Technical Measures Regulation

13. Work on bycatch indicators, data collection, assessment and measures should serve purposes of EU nature, marine and fisheries policies and be based on the best scientific advice Priority should be given to ensure appropriate and robust monitoring programmes and to define threshold values Precautionary principle should prevail where there is uncertainty Main messages

14. This presentationrepresents the views of the authorsonly and does not representany opinion or position of the European Commission. Only the legaltextpublished in the Official Journal isvalid. This presentationis for information only and maydiffer in wording. Important disclaimer

15. Thank you http://ec.europa.eu/environment/ http://ec.europa.eu/fisheries/