Access to information regarding by-catch provisions in total allowable catches (TACs) of EU fish stocks in the Northeast Atlantic 2013 - 2017

La demande est partiellement réussie.

Dear Sir/Madam,

Subject: Access to information regarding by-catch provisions in total allowable catches (TACs) of EU fish stocks in the Northeast Atlantic 2013 - 2017

The TACs for JAX/2A-14 (horse mackerel in Union waters of IIa, IVa, VI, VIIa-c,VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV) and for JAX/4BC7D (horse mackerel in Union waters of IVb, IVc and VIId) have included by-catch provisions for boarfish and whiting for every year since 2013. They were adopted by the Council on the basis of the Commission's proposal without amendment for these particular species in 2013 and 2014. A change in the wording of the footnotes in the TAC Regulation for 2015(1) was subsequently included verbatim in the Commission's proposal for 2016(2) . Considering that the Common Fisheries Policy was reformed with effect from 2014 requiring total allowable catches (TACs) to be set at sustainable levels and in accordance with scientific advice, it is notable that - wording-changes in 2015 and 2017 aside - these provisions seem to have been rolled over from year to year. We are concerned that the by-catch provisions for whiting and boarfish, in combination with the TACs for these stocks, have the potential to exceed sustainable levels and contribute to overfishing.

Furthermore, in the Commission's proposals for the TACs identified above, the by-catch provisions of 5% also included mackerel and haddock in the years 2013, 2014 and 2015. Both species were removed in the TAC Regulation in 2015, with mackerel being reintroduced in 2016 and then haddock in 2017. Despite these changes in the number of species that may count towards the by-catch limit, the 5% figure never changed. In real terms, this has a significant impact on the actual catches of whiting and boarfish in the horse mackerel fishery that can be counted towards the by-catch limit from year to year.

Therefore, in accordance with Regulation 1049/2001 and Regulation 1367/2006, ClientEarth requests access to all documents containing scientific information and/or socio-economic information connected to the Commission's proposal for by-catch provisions in the TACs identified above from 2013 - 2017(3), as well as information on the quantities of fish (by stock) landed under these provisions each year from 2013 to 2016, and on how these by-catch limits have been adhered to.

Yours faithfully,

Anne Friel
Lawyer
+32 (0)2 8080172
[email address]

Flaminia Tacconi
EU Fisheries Lawyer
+32 (0) 28084322
[email address]

(1) Council Regulation (EU) 2015/2014
(2) COM/2015/0559 final
(3) TACs for JAX/2A-14 (horse mackerel in Union waters of IIa, IVa, VI, VIIa-c,VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; Union and international waters of Vb; international waters of XII and XIV) and for JAX/4BC7D (horse mackerel in Union waters of IVb, IVc and VIId) in Council Regulation (EU) No 40/2013, Council Regulation (EU) No 43/2014, Council Regulation (EU) 2015/104, Council Regulation (EU) 2016/72, Council Regulation (EU) 2017/127, C, based on the Commission's proposals COM/2012/0668 final, COM/2013/0753 final, COM/2014/0670 final, COM/2015/0559 final and COM/2016/0698 final.

EC ARES NOREPLY, Affaires maritimes et de la pêche

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2017)2252918 - RE: access to documents request - Access to
information regarding by-catch provisions in total allowable catches
(TACs) of EU fish stocks in the Northeast Atlantic 2013 - 2017

Sent by MARE ACCES DOCUMENTS <[DG MARE request email]>. All
responses have to be sent to this email address.
Envoyé par MARE ACCES DOCUMENTS <[DG MARE request email]>.
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Madam,

 

Thank you for your e-mail dated 2/5/2017.  We hereby acknowledge receipt
of your application for access to documents, which was registered under
reference number GestDem 2017/2589 - Ares (2017)2252578.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
24/5/2017. In case this time limit needs to be extended, you will be
informed in due course.

 

You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. Therefore the European Commission cannot be held
accountable for any technical issues or problems linked to the use of this
system.

 

Yours faithfully,

 

MARE ACCESS TO DOCUMENTS
 
European Commission
DG Maritime Affairs and Fisheries
Unit F.2 - Information, communication,
inter-institutional relations, evaluation and programming

 

 

Afficher les sections citées

Affaires maritimes et de la pêche

3 Attachments

Dear Ms Friel,

Please find attached reply to your request on the above subject.

Best regards,

 

MARE ACCESS TO DOCUMENTS
 
[1]cid:image001.gif@01D2C369.6D2FB070
European Commission
DG Maritime Affairs and Fisheries
Unit E.2 – Strategic Programming and Communication

 

 

 

Afficher les sections citées

Brussels, 12 June 2017

Helene Clarke
Director of Fisheries Policy Atlantic, North Sea, Baltic and Outermost Regions
Directorate-General for Maritime Affairs and Fisheries
European Commission

Dear Ms Clarke,

RE: Ref. Ares(2017)2597126 - Confirmatory application regarding Commission's initial decision on disclosure of documents relating to bycatch provisions in total allowable catches (TACs) of EU fish stocks in the North East Atlantic 2013 - 2017

In accordance with Article 7(2) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents, ClientEarth hereby submits a confirmatory application with regard to the Commission's disclosure of documents relating to bycatch provisions in total allowable catches (TACs) of EU fish stocks in the North East Atlantic.

Thank you for your thorough explanation of the background to the bycatch provisions identified in our request. We appreciate the detail with which you endeavoured to address our concerns.

However, in terms of the document provided, your letter indicates that there may be further documents falling within the scope of our request which have not been provided.

You attached to your letter a document containing, "the Commission catch statistics for the stocks included in the bycatch provisions." Given the Ares reference at the top of this document, we have the impression that it was created for the specific purpose of replying to our request, or is an extract of a larger document.

We request that you reconsider your response, and provide a list of all the documents in the Commission's possession that fall within the scope of our request, and access to such documents, including:

1. The documents that serve as the basis for the statistics provided, including documents or extracts of documents that explain how the statistics were compiled and aggregated;
2. Documents or information that will allow us to ascertain the meaning of blank cells in the statistics provided, i.e. do they represent the fact that there were no bycatches for these stocks or do they mean that the Commission holds no data on the bycatches for these stocks? For example, in relation to JAX/2A-14, the statistics show blank cells in relation to bycatches for boarfish in 2014 and 2016; haddock in 2014 and whiting in 2014. Similarly, for JAX/4BC7D, the statistics show blank cells for boarfish in 2014, 2015 and 2016; haddock in 2014; mackerel in 2016 and whiting in 2014, 2015 and 2016.
3. The Member State data from 2014 - 2016/2017 referred to in your letter ("catch reporting for the bycatch provisions was only in 2014 expanded to be at a stock-by-stock level. Therefore the Commission does not have Member States data of the individual species prior to 2014.")

Yours sincerely,

Anne Friel
Lawyer - Environmental Democracy

Flaminia Tacconi
Lawyer - EU Fisheries Lawyer

t. +32(0)2 808 0172
e. [email address]

Affaires maritimes et de la pêche

1 Attachment

Dear Madam,

 

Thank you for your email dated 12/06/2017, by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG
MARE in reply to your initial application GESTDEM 2017/2859.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 23/06/2017 (Ares(2017)3167724).

 

Your application will be handled within 15 working days (14/07/2017). In
case this time limit needs to be extended, you will be informed in due
course.

 

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. 

 

We kindly offer you the possibility to provide us a contact phone number
(by email to [1][email address]), so that the external delivery
service can contact you in case of absence.

 

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

 

Yours faithfully,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

[2]cid:image001.gif@01D2EC42.AC60D6F0

 

 

From: Anne Friel [[3]mailto:[FOI #4213 email]]
Sent: Monday, June 12, 2017 4:14 PM
To: MARE ACCES DOCUMENTS
Subject: Internal review of access to documents request - Access to
information regarding by-catch provisions in total allowable catches
(TACs) of EU fish stocks in the Northeast Atlantic 2013 - 2017

 

Brussels, 12 June 2017

 

Helene Clarke

Director of Fisheries Policy Atlantic, North Sea, Baltic and Outermost
Regions

Directorate-General for Maritime Affairs and Fisheries

European Commission

 

Dear Ms Clarke,

 

RE: Ref. Ares(2017)2597126 - Confirmatory application regarding
Commission's initial decision on disclosure of documents relating to
bycatch provisions in total allowable catches (TACs) of EU fish stocks in
the North East Atlantic 2013 - 2017

 

In accordance with Article 7(2) of Regulation (EC) No 1049/2001 of the
European Parliament and of the Council regarding public access to European
Parliament, Council and Commission documents, ClientEarth hereby submits a
confirmatory application with regard to the Commission's disclosure of
documents relating to bycatch provisions in total allowable catches (TACs)
of EU fish stocks in the North East Atlantic.

 

Thank you for your thorough explanation of the background to the bycatch
provisions identified in our request. We appreciate the detail with which
you endeavoured to address our concerns.

 

However, in terms of the document provided, your letter indicates that
there may be further documents falling within the scope of our request
which have not been provided.

 

You attached to your letter a document containing, "the Commission catch
statistics for the stocks included in the bycatch provisions." Given the
Ares reference at the top of this document, we have the impression that it
was created for the specific purpose of replying to our request, or is an
extract of a larger document.

 

We request that you reconsider your response, and provide a list of all
the documents in the Commission's possession that fall within the scope of
our request, and access to such documents, including:

 

1.            The  documents that serve as the basis for the statistics
provided, including documents or extracts of documents that explain how
the statistics were compiled and aggregated;

2.            Documents or information that will allow us to ascertain the
meaning of blank cells in the statistics provided, i.e. do they represent
the fact that there were no bycatches for these stocks or do they mean
that the Commission holds no data on the bycatches for these stocks? For
example, in relation to JAX/2A-14, the statistics show blank cells in
relation to bycatches for boarfish in 2014 and 2016; haddock in 2014 and
whiting in 2014. Similarly, for JAX/4BC7D, the statistics show blank cells
for boarfish in 2014, 2015 and 2016; haddock in 2014; mackerel in 2016 and
whiting in 2014, 2015 and 2016.

3.            The Member State data from 2014 - 2016/2017 referred to in
your letter ("catch reporting for the bycatch provisions was only in 2014
expanded to be at a stock-by-stock level. Therefore the Commission does
not have Member States data of the individual species prior to 2014.") 

 

Yours sincerely,

 

Anne Friel

Lawyer - Environmental Democracy

 

Flaminia Tacconi

Lawyer - EU Fisheries Lawyer

 

t. +32(0)2 808 0172

e. [4][email address]

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[5][FOI #4213 email]

 

This message and all replies from Maritime Affairs and Fisheries will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[6]https://www.asktheeu.org/en/help/officers

 

 

-------------------------------------------------------------------

 

References

Visible links
1. mailto:[email address]
3. mailto:[FOI #4213 email]
4. mailto:[email address]
5. mailto:[FOI #4213 email]
6. https://www.asktheeu.org/en/help/officers

Affaires maritimes et de la pêche

3 Attachments

Dear Mrs Friel,

 

Please find attached an advance information copy of the confirmatory
decision taken on your requests for access to documents registered under
reference GESTDEM 2017/2589 (C(2017)5612).

 

Please note that the Secretariat General of the European Commission will
proceed with the formal notification of the decision in the coming days.

 

This advance copy is solely sent for your information and is not the
formal notification of the confirmatory decision.

 

Yours sincerely,

 

BLURIOT-PUEBLA Madeleine

Cellule 'Accès aux documents'
 
[1]cid:image002.png@01D30D1D.6066F850
European Commission
SG/B/4 - Transparence

BERL 05/315
B-1049 Brussels/Belgium
+32 2 296 09 97
[2][email address]

 

From: SG ACCES DOCUMENTS
Sent: Friday, June 23, 2017 5:30 PM
To: '[FOI #4213 email]'
Subject: FW: Internal review of access to documents request - Access to
information regarding by-catch provisions in total allowable catches
(TACs) of EU fish stocks in the Northeast Atlantic 2013 - 2017

 

Dear Madam,

 

Thank you for your email dated 12/06/2017, by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG
MARE in reply to your initial application GESTDEM 2017/2859.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 23/06/2017 (Ares(2017)3167724).

 

Your application will be handled within 15 working days (14/07/2017). In
case this time limit needs to be extended, you will be informed in due
course.

 

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. 

 

We kindly offer you the possibility to provide us a contact phone number
(by email to [3][email address]), so that the external delivery
service can contact you in case of absence.

 

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

 

Yours faithfully,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

[4]cid:image001.gif@01D2EC42.AC60D6F0

 

 

From: Anne Friel [[5]mailto:[FOI #4213 email]]
Sent: Monday, June 12, 2017 4:14 PM
To: MARE ACCES DOCUMENTS
Subject: Internal review of access to documents request - Access to
information regarding by-catch provisions in total allowable catches
(TACs) of EU fish stocks in the Northeast Atlantic 2013 - 2017

 

Brussels, 12 June 2017

 

Helene Clarke

Director of Fisheries Policy Atlantic, North Sea, Baltic and Outermost
Regions

Directorate-General for Maritime Affairs and Fisheries

European Commission

 

Dear Ms Clarke,

 

RE: Ref. Ares(2017)2597126 - Confirmatory application regarding
Commission's initial decision on disclosure of documents relating to
bycatch provisions in total allowable catches (TACs) of EU fish stocks in
the North East Atlantic 2013 - 2017

 

In accordance with Article 7(2) of Regulation (EC) No 1049/2001 of the
European Parliament and of the Council regarding public access to European
Parliament, Council and Commission documents, ClientEarth hereby submits a
confirmatory application with regard to the Commission's disclosure of
documents relating to bycatch provisions in total allowable catches (TACs)
of EU fish stocks in the North East Atlantic.

 

Thank you for your thorough explanation of the background to the bycatch
provisions identified in our request. We appreciate the detail with which
you endeavoured to address our concerns.

 

However, in terms of the document provided, your letter indicates that
there may be further documents falling within the scope of our request
which have not been provided.

 

You attached to your letter a document containing, "the Commission catch
statistics for the stocks included in the bycatch provisions." Given the
Ares reference at the top of this document, we have the impression that it
was created for the specific purpose of replying to our request, or is an
extract of a larger document.

 

We request that you reconsider your response, and provide a list of all
the documents in the Commission's possession that fall within the scope of
our request, and access to such documents, including:

 

1.            The  documents that serve as the basis for the statistics
provided, including documents or extracts of documents that explain how
the statistics were compiled and aggregated;

2.            Documents or information that will allow us to ascertain the
meaning of blank cells in the statistics provided, i.e. do they represent
the fact that there were no bycatches for these stocks or do they mean
that the Commission holds no data on the bycatches for these stocks? For
example, in relation to JAX/2A-14, the statistics show blank cells in
relation to bycatches for boarfish in 2014 and 2016; haddock in 2014 and
whiting in 2014. Similarly, for JAX/4BC7D, the statistics show blank cells
for boarfish in 2014, 2015 and 2016; haddock in 2014; mackerel in 2016 and
whiting in 2014, 2015 and 2016.

3.            The Member State data from 2014 - 2016/2017 referred to in
your letter ("catch reporting for the bycatch provisions was only in 2014
expanded to be at a stock-by-stock level. Therefore the Commission does
not have Member States data of the individual species prior to 2014.") 

 

Yours sincerely,

 

Anne Friel

Lawyer - Environmental Democracy

 

Flaminia Tacconi

Lawyer - EU Fisheries Lawyer

 

t. +32(0)2 808 0172

e. [6][email address]

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[7][FOI #4213 email]

 

This message and all replies from Maritime Affairs and Fisheries will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[8]https://www.asktheeu.org/en/help/officers

 

 

-------------------------------------------------------------------

 

References

Visible links
2. mailto:[email address]
3. mailto:[email address]
5. mailto:[FOI #4213 email]
6. mailto:[email address]
7. mailto:[FOI #4213 email]
8. https://www.asktheeu.org/en/help/officers