# C_2017104EN.01003101.xml

| 3.4.2017 | EN | Official Journal of the European Union | C 104/31 |
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3.4.2017

EN

Official Journal of the European Union

C 104/31

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Request for a preliminary ruling from the Verwaltungsgericht Köln (Germany) lodged on 27 December 2016 — Deutscher Naturschutzring, Dachverband der deutschen Natur- und Umweltschutzverbände e.V. v Bundesrepublik Deutschland

(Case C-683/16)

(2017/C 104/45)

Language of the case: German

Referring court

Referring court

Verwaltungsgericht Köln

Parties to the main proceedings

Parties to the main proceedings

Applicant: Deutscher Naturschutzring, Dachverband der deutschen Natur- und Umweltschutzverbände e.V.

Applicant:

Defendant: Bundesrepublik Deutschland

Defendant:

Questions referred

Questions referred

| 1. | Is Article 11 of Regulation (EU) No 1380/2013 (1) of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC to be interpreted as precluding measures of a Member State in respect of waters under its sovereignty or jurisdiction which are necessary in order to comply with the obligations of a Member State under Article 6 of Council Directive 92/43/EEC 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, (2) which have effects on the fishing vessels of other Member States, and by which professional sea fishing by means of fishing equipment that touches the seabed, as well as gillnets (‘trammel and gillnets’), is comprehensively prohibited in Natura 2000 sites?
  In particular:






  (a) | Is Article 11 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC to be interpreted as meaning that the fishing techniques listed in the first question referred fall within the concept of ‘conservation measures’? |
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1.

Is Article 11 of Regulation (EU) No 1380/2013 (1) of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC to be interpreted as precluding measures of a Member State in respect of waters under its sovereignty or jurisdiction which are necessary in order to comply with the obligations of a Member State under Article 6 of Council Directive 92/43/EEC 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, (2) which have effects on the fishing vessels of other Member States, and by which professional sea fishing by means of fishing equipment that touches the seabed, as well as gillnets (‘trammel and gillnets’), is comprehensively prohibited in Natura 2000 sites?

1

2

In particular:

(a)

Is Article 11 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC to be interpreted as meaning that the fishing techniques listed in the first question referred fall within the concept of ‘conservation measures’?

| (b) | Is Article 11 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC to be interpreted as meaning that fishing vessels of another Member State which sail under the flag of the Federal Republic of Germany also fall within the concept of ‘fishing vessels of other Member States’? |
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(b)

Is Article 11 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC to be interpreted as meaning that fishing vessels of another Member State which sail under the flag of the Federal Republic of Germany also fall within the concept of ‘fishing vessels of other Member States’?

| (c) | Is Article 11 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC to be interpreted as meaning that such measures adopted by a Member State which merely promote the objectives listed in that Union legislation also fall within the concept of ‘meet[ing] the objectives of the relevant Union legislation’? |
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(c)

Is Article 11 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC to be interpreted as meaning that such measures adopted by a Member State which merely promote the objectives listed in that Union legislation also fall within the concept of ‘meet[ing] the objectives of the relevant Union legislation’?

| 2. | Is Article 11 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC to be interpreted as precluding measures of a Member State in respect of waters under its sovereignty or jurisdiction which are necessary in order to comply with its obligations under Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability (3) with regard to the prevention and remedying of environmental damage? |
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2.

Is Article 11 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC to be interpreted as precluding measures of a Member State in respect of waters under its sovereignty or jurisdiction which are necessary in order to comply with its obligations under Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability (3) with regard to the prevention and remedying of environmental damage?

3

| 3. | Insofar as Question 1 and Question 2 are to be answered, either individually or cumulatively, in the negative:
  Does the exclusive competence of the European Union in the field of conservation of marine biological resources under the Common Fisheries Policy pursuant to Article 3(1)(d) of the Treaty on the Functioning of the European Union preclude the adoption of the aforementioned measures by the Member State? |
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3.

Insofar as Question 1 and Question 2 are to be answered, either individually or cumulatively, in the negative:

Does the exclusive competence of the European Union in the field of conservation of marine biological resources under the Common Fisheries Policy pursuant to Article 3(1)(d) of the Treaty on the Functioning of the European Union preclude the adoption of the aforementioned measures by the Member State?

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(1)  OJ 2013 L 354, p. 22.

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(2)  OJ 1992 L 206, p. 7.

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(3)  OJ 2004 L 143, p. 56.

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