This briefing assesses the provisions of the Commission's Technical Conservation Measures Framework proposal relating to sensitive species and habitats. It looks at the proposal’s coherence with Union environmental legislation, particularly the Habitats and Birds Directives and the Marine Strategy Framework Directive, as well as with international agreements where relevant. It includes analysis of provisions relating to the minimisation and elimination of bycatch of marine species, as well as the minimisation and elimination of environmental impacts on sensitive marine habitats. Through this analysis we identify a number of potential areas of conflict including:

• References in the objectives to ‘a threat to conservation status’
• Interpretation of the term ‘bycatch’
• Reference to ‘levels’, both in relation to bycatch and the achievement of good environmental status
• Processes for the adoption of bycatch mitigation measures
• Processes for protecting sensitive habitats and the scope of protection
• The potential for adoption of nature conservation measures at regional level

The briefing addresses these issues, making recommendations where amendments and clarifications are necessary.

This is part of a series of briefings on the proposal for a new Technical Conservation Measures Framework. The series also includes the following:

‘Technical measures and the procedural jigsaw’

‘ Technical measures and innovative fishing gears’