Guidance on Activities of Non-Energy Extractive Industries and Natura 2000

GUIDANCE DOCUMENT ON AQUACULTURE AND NATURA 2000

SCOPING DOCUMENT

1. BACKGROUND AND CONTEXT

Aquaculture represents a growing contributor to the production of aquatic food worldwide. Most fisheries in the world are currently near or above sustainable exploitation limits. In parallel, global consumption of fish as food has doubled in the period 1973-2003. Various projections have been made to 2020 on fish supply and demand, which confirm that per capita consumption of fish as food is expected to rise. According to FAO, most of this demand is expected to be met by aquaculture[1].

In the EU, aquaculture production is an important economic activity in many coastal and continental regions but has remained stable in recent years. The European Strategy for the Sustainable Development of European Aquaculture[2]adopted in 2002 set out policy directions to promote the sustainable growth of aquaculture in the European Union. This strategy was designed to strengthen the role of aquaculture in providing jobs and in supplying quality fisheries products while ensuring an environmentally sound industry. Seven years on, significant progress has been made in ensuring the environmental sustainability, safety and quality of EU aquaculture production. Yet over the same period overall EU aquaculture production has stagnated, in stark contrast with the high growth rate in the rest of the world.

The Communication from the Commission on an Integrated Maritime Policy for the European Union[3] launched in 2007 recognised that the growth of aquaculture to satisfy increasing global seafood demand should be achieved within a regulatory framework that encourages entrepreneurship and innovation and ensures compliance with high environmental and public health standards. It committed the Commission to promote the development of an environmentally safe aquaculture industry in Europe.

In April 2009, the Commission presented a communication to give new impetus to the sustainable development of aquaculture (Building a sustainable future for aquaculture - A new impetus for the Strategy for the Sustainable Development of European Aquaculture[4]). The communication identifies and addresses the causes of the aquaculture stagnation in the EU with a view to ensuring that the EU remains a key player in this strategic sector. It aims to boost the competitiveness of the sector, ensure its sustainability and improve its governance. It builds on the achievements of the 2002 aquaculture strategy and on the new impetus for marine activities provided by the EU Integrated Maritime Policy.

The Aquaculture Communication from 2009 acknowledges that challenges for the EU aquaculture sector are numerous and, among them a limited access to space and licensing has been highlighted. In addition the communication adds that stringent EU rules, particularly on environmental protection, generate competitive constraints vis-à-vis competitors in Asia or Latin America. Better implementation of EU legislation by Members States should ensure a level-playing field among economic operators on decisions affecting the development of aquaculture. The Commission will also contribute to this objective and, among the activities proposed, the Communication mentions the development of guidance documents on aquaculture activities and Natura 2000.

The European Union's instrument for the management of fisheries and aquaculture, the Common Fisheries Policy (CFP), was reformed in 2002[5] to ensure sustainable exploitation of living aquatic resources. The aim of the CFP is to promote: (i) sustainable fisheries and aquaculture in a (ii) healthy marine environment which can support an (iii) economically viable industry providing employment and opportunities for coastal communities.

However the 2002 reform has not attained all its objectives. In view of this, the European Commission is preparing a new reform of the Common Fisheries Policy to adapt it to a changing situation and to the new challenges ahead for the sector. The reformed CFP is set to be in effect from 2013. As a first step the European Commission published a Green Paper on the Reform of the Common Fisheries Policy[6] to trigger and encourage public debate and to elicit views on the future CFP. The Commission will use the results of the broad public consultation to enrich and validate its analysis and evaluation of options for a reform. In relation to aquaculture the reformed policy should clarify its role in the future CFP.

As regards funding, amendments to the Fisheries Structural Funds Regulation to benefit aquaculture products and producers were adopted in 2004[7]. In 2006, the new Regulation on the European Fisheries Fund (EFF) was adopted[8]. It is the new Community framework to contribute to the sustainable growth of aquaculture in Europe for the 2007 to 2013 period. Under its Axis 2, the EFF gives particular attention to the promotion of sustainable aquaculture in Europe. In particular, aqua-environmental measures may support the use of aquaculture production methods helping to protect and improve the environment and to conserve nature. The purpose of the support is to promote:

-  forms of aquaculture comprising protection and enhancement of the environment, natural resources, genetic diversity, and management of the landscape and traditional features of aquaculture zones

-  participation in the Community eco-management and audit scheme (EMAS)

-  organic aquaculture

-  sustainable aquaculture compatible with specific environmental constraints resulting from the designation of Natura 2000 areas.

In addition, the EFF may support measures of common interest intended to protect and develop aquatic fauna and flora while enhancing the aquatic environment. These measures shall relate to:

-  the construction or installation of static or movable facilities intended to protect and develop aquatic fauna and flora,

-  the rehabilitation of inland waters, including spawning grounds and migration routes for migratory species,

-  the protection and enhancement of the environment in the framework of NATURA 2000 where its areas directly concern fishing activities, excluding operational costs.

As regards the conservation of biodiversity, the Habitats Directive together with the Birds Directive form the cornerstone of Europe's nature conservation policy, which is built around two pillars: the Natura 2000 network of protected sites and a strict system of species protection. All in all the directives protects over 1.000 animals and plant species and over 200 so called "habitat types" (including marine and coastal habitats, freshwater habitats, wetlands, etc.), which are of European importance.

In May 2006 the European Commission adopted a Communication entitled "Halting the loss of Biodiversity by 2010 - and beyond - sustaining ecosystem services for human well-being"[9], which identified a number of key objectives and actions that will be necessary to halt biodiversity decline. The EU action plan to halt biodiversity loss[10] has set priority actions to safeguard the EU's most important habitats and species, which include the establishment of management priorities and necessary conservation measures for Natura 2000, ensure adequate implementation of articles 6.2, 6.3 and 6.4 of Habitats Directive, strengthen effectiveness of Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) in informing decision-making so as to prevent, minimise and mitigate damages to Natura 2000 sites. This Action plan also aims to develop business and biodiversity partnership and to facilitate such partnerships at the Community level.

An initiative was launched in 2007 to strengthen the links between business and biodiversity protection, under the title "Building Better Partnerships: linking Business to Biodiversity" (The EU B@B initiative). The Commission intends to support further development of this initiative, e.g. through the development of best practice guidance concerning the responsibilities and opportunities existing for companies in relation to the EU nature legislation, and to promote the implementation of best practice adapted to the specific conditions of the companies concerned.

The European Commission has also developed a Strategy for the Sustainable Use of Natural Resources in Europe (2005-2030)[11] which is one of the seven Thematic Strategies developed by the 6th European Environment Action Programme (2002-2011). The objective of the strategy is to reduce the negative environmental impacts generated by the use of natural resources in a growing economy.

In June 2007 the Commission adopted a regulation[12] concerning use of alien and locally absent species in aquaculture, which establishes a framework governing aquaculture practices to ensure adequate protection of aquatic habitats from the risks associated with the use of non-native species in aquaculture.

Detailed rules on organic aquaculture animal and seaweed production were laid down in 2007[13] and 2008[14], and later amended in 2009[15]

Some Member States have started a reflection on the need to boost sustainable aquaculture development. Some international institutions led initiatives have developed a range of schemes to support their members in the effective integration of sustainability principles in their operations, which consider the conservation of biodiversity.

Some examples are the Guide for the Sustainable Development of Mediterranean Aquaculture. Interaction between Aquaculture and the Environment developed by the World Conservation Union (IUCN)[16], the Code of Conduct for European Aquaculture (FEAP) and the FAO Technical Guidelines for Responsible Fisheries. No. 5: Aquaculture development. The FAO is currently conducting a consultation on Technical Guidelines for Aquaculture Certification in an effort to harmonise voluntary systems of certification of sustainability adopted by the end of 2010.

Some EU funded projects aim at promoting methods for the sustainable aquaculture development. Among these, the SEACASE project is worthy of note[17]. The final goal of this project was to develop effective tools for sustainability of extensive and semi-intensive aquaculture production in Southern Europe, while minimizing its environmental impacts and improving the quality and public image of its products. They had also analyzed and developed environmentally friendly farming protocols as well as certification possibilities to be proposed for voluntary use by the industry.

Another project co-funded by the EC aimed to develop an Ecosystem Approach for sustainable aquaculture[18]. A key deliverable of this project is a virtual toolbox to help owners and operators of fin-fish and shell-fish farms in selecting farm sites and operating farms, so as to minimize environmental impact and ensure the sustainability of sites and water bodies for aquaculture.

The EU-funded research project "Synthesis of Aquaculture and Marine Ecosystems Interactions" (SAMI) has examined the prospects for mariculture, particularly in terms of meeting growing human food demands, and also assessed the challenges and obstacles that mariculture must surpass[19].

A study prepared with the financial support of the European Commission has analysed “Some aspects of the environmental impact of aquaculture in sensitive areas”[20]. The objectives of this study were: to better understand the interactions between different farming systems and the species/habitat complexes in their vicinity; to assess the often apparently conflicting goals of aquaculture development and nature conservation in order to identify common aims and policy objectives, and to provide a framework for a practical ‘Code of Practice’ for use by marine aquaculture operators and regulatory authorities.

The European Commission also committed a recent study on "Impacts and pressures by aquaculture activities: evaluation, relations with good environmental status and assessment of the EU responses”.

The EATIP – European Aquaculture Technology & Innovation Platform website (http://www.eatip.eu/content/view/47/101/1/1/) provides a list and summaries of Community-funded Aquaculture research projects that have been made under the 5th and 6th Framework programmes. The summaries were prepared within the scope of the project PROFET POLICY (see www.profetpolicy.info) which was completed in 2009.

Besides, at a national level some countries have developed relevant guidance on Natura 2000 and aquaculture such as France (Référentiel pour la gestion dans les sites Natura 2000 en mer - Les cultures marines)[21] to help actors managing human activities in the marine sites.

Finally, several judgements of the European Court of Justice regarding environmental issues, including the obligations derived from the Habitats and Bird Directives, in relation to aquaculture activities are of particular relevance for the preparation of this guidance document.

2. OBJECTIVE

In response to the commitment included in the EC Communication Building a Sustainable future for aquaculture, the goal is to develop guidance which would facilitate the knowledge and implementation of EU legislations concerning Natura 2000 in relation to aquaculture activities.

The Birds and Habitats Directives (79/409 & 92/43/EEC) provide the basis for the Natura 2000 network of protected areas in Europe where human activities may take place under certain provisions. In order to clarify applicable provisions the Commission has produced a number of guidance documents on the management of Natura 2000 sites (application of Article 6 of the Habitats Directive) and also a few Member States are producing guidance for their aquaculture industries on how to deal with this issue. However, there is general acceptance about the need to develop more specific guidance on the activities of aquaculture in relation to Natura 2000. The guidelines should mainly focus on the implementation of the provisions of Art. 6(3) and 6(4) of the Habitats Directive (appropriate assessment of plans and projects) and contribute to a better understanding of the conservation objectives of the sites, promoting best practices illustrating how nature protection provisions can be compatible with sustainable aquaculture development.

This guidance document will build on those existing guidelines and will also take into account other pieces of guidance produced by the aquaculture sector and other relevant organizations.

3. SCOPE

Aquaculture should be understood as the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment. The organism remain the property of a natural or legal person throughout the rearing or cultivation stage, up to and including harvesting.

Aquaculture in the EU is essentially made up by three major sub-sectors, which have different history and characteristics. These are: molluscs and crustaceans farming (52% of total production in 2006), freshwater fish farming (24%) and sea fish farming (23%)[22]. The most important species farmed in the EU are included below (based on information available at the EC Fisheries website[23]).

Figure 1: The top 10 species produced in aquaculture in the European Union (2007)
Volume in tonnes live weight and percentage of total
/ Value in thousands of EUR and percentage of total

Source: Facts and figures on the CFP. 2010. Available at: http://ec.europa.eu/fisheries/documentation/publications/pcp_en.pdf

More details on the various branches of aquaculture are provided in a background document[24] issued for the consultation held for the preparation of the 2009 Communication on aquaculture.