This document sets out the main legal arguments used in MCS and ClientEarth's campaign to prevent damaging fishing in English marine Nature 2000 sites. The arguments mainly relate to Article 6(2) and Article 6(3) of the Habitats Directive. The document also references key judgments of the Court of Justice of the European Union, such as Sweetman (C-258/11) and Waddenzee (C-127/02).
- Why Member States and competent authorities have obligations to protect marine Natura 2000 sites from damage from fishing;
- Why fishing is a 'plan or project' under Article 6(3);
- Why fishing needs to be assessed under Article 6, even if it has been happening in the site prior to designation as a Natura 2000 site;
- Why Article 6(2) requires assessments of the impact of fishing on the integrity of the protected site; and
- Why a precautionary approach is required
|Published||September 15, 2016|