Legal briefing: Complying with Article 2(2) of the CFP basic regulation in the Baltic multiannual plan
Summary
The document asserts that the proposed Baltic MAP is legally inconsistent with the CFP basic regulation because it does not guarantee the restoration and maintenance of fish stocks above levels capable of producing maximum sustainable yield (MSY). It specifically criticizes the phrasing 'aim at contributing to the objectives' as allowing for failure to meet CFP goals and argues that the upper limits of proposed exploitation ranges exceed the fishing mortality rate (FMSY) required to restore stocks. The briefing recommends accepting European Parliament amendments to Article 3(1) of the Baltic MAP to ensure legal compliance.
Key insights
- The European Commission's proposal for the Baltic multiannual plan (MAP) is legally inconsistent with Article 2(2) of the CFP basic regulation and will not achieve the maximum sustainable yield (MSY) objective.
- The wording in the Commission's proposal for Article 3(1) of the Baltic MAP is insufficient because 'aiming at contributing to' objectives suggests that failing to achieve the CFP's objectives is tolerable.
- The proposed exploitation ranges in Article 4 of the Baltic MAP contravene CFP regulations because the upper limit of the allowable exploitation does not ensure stocks are restored and maintained above MSY levels.
- To comply with the Basic Regulation, the fishing mortality rate that allows stocks to be restored and maintained above MSY levels (FMSY) must serve as the absolute upper limit for any exploitation range, with actual rates set below this limit.
Cite the original document
- APA
- ClientEarth (2015). Legal briefing: Complying with Article 2(2) of the CFP basic regulation in the Baltic multiannual plan. https://www.clientearth.org/media/cdohnigx/2015-09-23-1-legal-briefing-complying-with-article-2-2-of-cfp-basic-regulation-in-the-baltic-multiannual-plan-ce-en.pdf
- Chicago
- ClientEarth. Legal briefing: Complying with Article 2(2) of the CFP basic regulation in the Baltic multiannual plan. 2015. https://www.clientearth.org/media/cdohnigx/2015-09-23-1-legal-briefing-complying-with-article-2-2-of-cfp-basic-regulation-in-the-baltic-multiannual-plan-ce-en.pdf.
- Wikipedia
- {{cite report |author=ClientEarth |title=Legal briefing: Complying with Article 2(2) of the CFP basic regulation in the Baltic multiannual plan |date=September 2015 |url=https://www.clientearth.org/media/cdohnigx/2015-09-23-1-legal-briefing-complying-with-article-2-2-of-cfp-basic-regulation-in-the-baltic-multiannual-plan-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{clientearth2015legal, author = {{ClientEarth}}, title = {{Legal briefing: Complying with Article 2(2) of the CFP basic regulation in the Baltic multiannual plan}}, institution = {ClientEarth}, year = {2015}, month = sep, url = {https://www.clientearth.org/media/cdohnigx/2015-09-23-1-legal-briefing-complying-with-article-2-2-of-cfp-basic-regulation-in-the-baltic-multiannual-plan-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
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