Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Marine Natura 2000 and Fishery – The Case of Sweden

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Fishing operations likely to have a significant effect on a marine Natura 2000 area shall be subject to prior assessment and authorisation according to Article 6.3 of the Habitats Directive. This provision, partly also article 6.2, and in particular the cjeu case law, implies that this prior control should be applied rather often in practice, even for recurrent fishery irrespective of when the first fishing operation occurred in an area. Article 11 of the Common Fisheries Policy Regulation entails that Sweden and other Member States apply Article 6 of the Habitats Directive within the entire exclusive economic zone, to both own and foreign fishing vessels. A Member State is also, under certain preconditions, empowered to impose restrictions on fishery not supported by article 6 of the Habitats Directive, especially within the 12 nautical miles zone. A Member State is not formally hindered from excluding fishery from prior assessment and authorisation if instead general requirements on fishery in legislation can ensure that no future fishing operation is likely to have a significant effect on the Natura 2000 area. However, cjeu case law indicates that it would be difficult to fulfil that precondition.

Affiliations: 1: University of Gothenburg, anna.christiernsson@gu.se; 2: Uppsala University, gabriel.michanek@jur.uu.se; 3: University of Gothenburg, pontus.nilsson@havochvatten.se

10.1163/18760104-01201002
/content/journals/10.1163/18760104-01201002
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/18760104-01201002
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/18760104-01201002
Loading

Article metrics loading...

/content/journals/10.1163/18760104-01201002
2015-03-19
2017-09-25

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Journal for European Environmental & Planning Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation