Ref. Ares(2020)85573 - 08/01/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MARITIME AFFAIRS AND FISHERIES
Fisheries Policy Atlantic, North Sea, Baltic and Outermost Regions
Brussels,
MARE.C.2/AK/AA
Mr Jim Pettipher
Court House Linton Ross on Wye
Herefordshire England
United Kingdom HR9 7RY
By registered letter with
acknowledgment of receipt
Subject:
Your application for access to documents – Ref GestDem No 2019/7325
Dear Sir,
We refer to your e-mail dated 17/12/2019 in which you make a request for access to
documents, registered on 18 December 2019 under the above-mentioned reference number.
We regret to inform you that the Commission does not hold any documents that would
correspond to the description given in your application.
The European Maritime and Fisheries Fund (EMFF) Regulation (EU) No 508/2014 states
that Member States having a significant small–scale coastal fishing segment should draft
and attach to their operational programme an action plan for the development,
competitiveness and sustainability of this sector.
The model for the presentation of the EMFF operational programmes to be submitted by the
Member States is further described in the Commission Implementing Regulation (EU) no
771/2014.
According to this Implementing Regulation, the programme should include in section 4.2 a
description of the action plan for the development, competitiveness and sustainability of
small-scale coastal fishing (in accordance with Article 18(1)(i) of Regulation (EU) No
508/2014). The Implementing Regulation also provides for a list of attachments that
Member States must submit together with their operational programme. As the list below
(copied from the Implementing Regulation) shows, there is no requirement to include an
action Plan for the development, competitiveness and sustainability of small-scale coastal
fishing:
- List of partners consulted
- Report of ex ante evaluation with executive summary
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: J-79 02/030 - Tel. direct line +32 229 68773
- Report on Strategic Environmental Assessment (SEA)
- Summary description of the management and control system (the summary
description should also include an explanation on how the principle of separation of
the functions and functional independence has been ensured)
- Compensation plan for the outermost regions (
if applicable)
- Maps showing the size and location of the fisheries and aquaculture sectors, the
location of main fishing harbours and aquaculture sites, and the location of protected
areas (ICZM, MPAs, Natura 2000).
In compliance with the legal requirements, the Irish authorities did provide the description
of their small-scale coastal fisheries in section 4.2 of the EMFF operational programme.
The Irish authorities will be asked to delete the erroneous reference to “full action plan
attached” at the occasion of the next amendment of their EMFF operational programme.
You may find more details regarding the EMFF operational programme by contacting the
Irish
EMFF
Managing
Authority.
(https://www.agriculture.gov.ie/emff/implementingbodies/).
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as defined
in that regulation applies only to existing documents in the possession of the institution.
Given that no such documents, corresponding to the description given in your application,
are held by the Commission, the Commission is not in a position to fulfil your request.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make a
confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt of
this letter to the Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Bernhard FRIESS
Acting Director
2
Electronically signed on 07/01/2020 18:06 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563