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Commission Implementing Decision of 11 December 2013 confirming measures proposed by the United Kingdom for the protection of marine ecosystems in the areas of conservation Haisborough Hammond & Winterton; Start Point to Plymouth Sound & Eddystone, and Land's End & Cape Bank (notified under document C(2013) 9003) (Only the Dutch, English and French texts are authentic) (2014/13/EU)
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2.EU LEGAL FRAMEWORK
2.1. Article 9 of Reg. 2371/2002 (Common Fisheries Policy Basic Regulation)
Article 9 of Reg. 2371/2002 allows Member States to take non-discriminatory measures to minimise the effect of fishing on the conservation of marine eco-systems within 12 nautical miles of its baselines provided that the Community has not adopted measures addressing conservation and management specifically for this area.
The Member State measures shall be compatible with the objectives set out in article 2 and they shall be no less stringent than existing Community legislation.
If the Member States measures are liable to affect the vessels of another Member State, such measures shall be adopted only after the Commission, the Member State and the Regional Advisory Councils (RACs) concerned have been consulted on a draft of the measures accompanied by an explanatory memorandum.
The aim of the proposed UK measures is to minimise the effect of fishing on the conservation of marine eco-systems by protecting designated Annex I of Council Directive 92/43/EEC reef features from deterioration due the impact of bottom towed fishing gears.
Furthermore, the Community has not adopted measures specifically addressing the conservation of marine ecosystems for these marine Natura 2000 sites.
2.2. Access to UK territorial waters
Annex I of Reg. 2371/2002 lays out access rights to English territorial waters (between 6 and 12 nautical miles of the 1983 baselines) of vessels from other Member States.
French and Belgian vessels have access to fish for demersal fish in areas which include Land’s End and Cape Bank Site of Community Importance (SCI)(1) and Start Point to Plymouth Sound and Eddystone SCI. In addition, Belgian vessels also have access to fish for demersal fish in the area including Haisborough, Hammond and Winterton SCI.
(1)
Sites of Community importance (SCI) are those which have been submitted to the European Commission for selection as a special area of conservation (SAC), which make up part of the marine Natura 2000 site series
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