THE COMMON FISHERIES POLICY

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THE COMMON FISHERIES POLICY

• Mariano ABAD MENENDEZ
• Principal Administrator
• General Secretariat of the Council of the
  European Union

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ORIGINS

• Fish are a natural, mobile and renewable resource
• Common resource

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Why manage fishing?

• 1) To ensure sustainability optimum balance
  between capacity and resources
• If overfishing - risk of collapse
• Other risks pollution
• Objective MSY maximum sustainable yield
• Greatest quantity of fish that can be caught
  without the stock being adversely affected
• (provided that environmental factors don't
  change)

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Why manage fishing?

• 2) Treaties Article 3(1)(e) A common policy in
  the sphere of agriculture and fisheries
• Article 32(1) The common market shall extend to
  agriculture and trade in agricultural products.
  Agricultural products means the products of the
  soil, of stock-farming and of fisheries and
  products of first-stage processing directly
  related to these products
• Fish, crustaceans and molluscs

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EVOLUTION

• 1. Common measures in 1970 failure of success
• Access to fishing grounds Equal not free
• Markets
• Structure modernisation
• Increase safety
• Improve hygiene conditions
• Adapt to new fisheries
• Facilitate adoption of new fishing methods
• 2. The third UN conference on the law of the sea
  (UNCLOS) The EEZ
• The Hague Resolution November 1976 asking MS to
  extend their fishing zones to 200 miles as from
  1.1.1977 of the North Sea and North Atlantic
  Coast

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EVOLUTION

• Within the EEZ zone each Coastal State has
  sovereign rights for exploiting, conserving and
  managing fishery resources.
• There is an obligation to allow others to fish
  for any fish the coastal state can not exploit
  itself.
• 3. 1983 First Regulation on conservation
  measures
• Regulation 170/83. Amended on 1992 and again
  in 2002.

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SCOPE

• MATERIAL Conservation, management and
  exploitation of living aquatic resources and
  aquaculture, as well as processing and marketing.
  Fish, whether freshwater or marine, crustaceans
  and molluscs
• TERRITORIAL Geographical scope is the same where
  the Treaty applies
• PERSONAL EC fishing vessels or nationals of MS

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EC fisheries management OBJECTIVESShort term

• Ensure the continuation of stocks as a commercial
  viable resource
• Decrease fishing effort in order to ensure stable
  yields from year to year - adapt fishing fleets
  to catch potential
• Ensure highest possible catches

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EC fisheries management OBJECTIVESLong term

• Exploitation of living aquatic resources
  providing sustainable economic, environmental and
  social conditions.
• The policy is to be based on sound scientific
  advice and on the precautionary principle.

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TYPES OF MEASURES

• TACs TOTAL ALLOWABLE CATCHES
• Amount of fish that can be taken from a
  particular stock in the year in question.
• TACs are divided into quotas allocated to
  individual MS

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Criteria to allocate quotas

• Article 20(1) of framework regulation
• "Fishing opportunities shall be distributed
  among MS in such a way as to assure each MS
  relative stability of fishing activities for each
  stock or fishery".

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RELATIVE STABILITY

• Impossible to guarantee specific tonnages
• Better to guarantee a specific percentage per MS
  relative stability

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RELATIVE STABILITY

• How were the percentages calculated?
• 1) Past fishing performance average catches in
  the period 1973 - 1978.
• 2) Hague preferences The needs of regions
  particularly dependent on fishing IE, Scotland,
  North-east coast of England
• IE 2 x total landings in 1975 in all ports
• UK Landings by vessels lt 24 m. in N. Ireland,
  Scotland and in ports of the North east coast of
  England
• 3) Compensation for losses suffered as a
  consequence of the extension of fishing limits by
  third countries

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RELATIVE STABILITY

• The proportions used in 1982 became the
  "allocation keys".
• They have to be reviewed after each accession of
  new MS.

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Decision

• The Council acting by qualified majority on a
  proposal from the Commission
• MS decide on the method of allocation of their
  fishing opportunities among the vessels flying
  their flag. Subsidiarity
• MS may exchange all or part of their fishing
  opportunities. Prior notification to the COM.

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Quota taken

• When a MS has exceeded the fishing opportunities
  which have been allocated to it, the Community
  can operate deductions.
• The COM may immediately stop fishing activities
  once the respective quota has been exhausted.

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Undesired effects from TACS

• Keeping the bigger fish and throwing away the
  smaller
• Discards Fish which are caught and immediately
  return to the sea because
• less than the minimum legal landing size
• in excess of quota limits or
• no economic interest
• Under-reporting

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TYPES OF MEASURES

• FISHING EFFORT
• Product of the capacity, in tonnage or engine
  power, multiplied by activity expressed in days
  spent at sea by a fishing vessel.

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TYPES OF MEASURES TECHNICAL CONSERVATION MEASURES
Basic aim Limit the capture of Immature
fish Unwanted fish Marine mammals, birds and
other species such as turtles
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TYPES OF MEASURES TECHNICAL CONSERVATION MEASURES

• Gear regulation minimum mesh sizes
• Minimum landing sizes
• Closed areas and closed seasons
• By-catch limits

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ACCESS

• 1970 - Introduction of principle of equal access.
  
• Against international trend to give exclusive or
  preferential fishing rights to coastal states
  over zones off their coasts.
• Article 17 of framework Reg. EC fishing vessels
  shall have equal access to waters and resources
  in all EC waters other than up to 12 nautical
  miles from the baselines.
• Exceptions
• - 12 mile limit

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ACCESS

• - Shetland box
• UK demand for preferential access in areas beyond
  its 12-mile zone. Needs of local fishermen.

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LICENCES

• Another way to limiting the fishing capacity
• Since January 1995 all vessels operating in EC
  waters and all EC vessels operating outside
  community areas require a licence.
• Conditions to be effective area
• Fees? Yes in third country agreements.

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2002 reform NEW MEASURES

• Multiannual recovery plans
• Target stocks outside biological limits
• Management plans
• Objective Maintain stocks within safe
  biological limits

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Emergency measures

• Competence MS or the COM
• When?
• A) COM in case of evidence of a serious threat
  to the conservation of living aquatic resources
  or to the marine eco-system resulting from
  fishing activities and requiring immediate
  action.
• B) MS serious and unforeseen threat. Damage
  must be difficult to repair if measures are not
  taken immediately.
• At the request of a MS or at the initiative of
  the COM
• Duration 6 months 6 months / 3 months
• Request addressed to other MS, the COM and
  relevant RACS.
• COM 15 days to decide. It has to be communicated
  to the Ms concerned and publish in the OJ.
• MS concerned can refer the issue to the Council
  within 10 days of receipt of the notification.
• Council by qualified majority voting can take a
  different decision within one month of the
  receipt of the referral.

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CONTROL and ENFORCEMENT

• Without proper monitoring and effective
  enforcement, conservation would be threatened
• MS are responsible for effective control,
  inspection and enforcement of the rules of CFP
  to inspect fishing vessels in their ports and
  waters to ensure compliance with management
  measures as well as ensure that the vessels
  flying their flag comply with Regulation in force
  wherever they operate.
• The complexity of the task - difficulties to
  enforce
• The area of the sea involved
• The number of vessels and ports

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Some elements to be taken into account

• Nationality of the vessel
• Location
• Species being fished
• Gear being used
• By-catches
• Minimum sizes
• Log books
• Licence
• Reporting

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INSPECTION

• Lack of resources both at national and EC level.
• EC inspectors The 2002 reform. They are
  competent to verify the implementation and
  application of the CFP rules by MS and their
  competent authorities.
• Possibility to inspect alone vessels and premises
  and to have access to all information and
  documents necessary. make available the
  inspection report to the MS concerned who is not
  obliged to act on the basis of that report.
• No police and enforcement power no powers going
  beyond those of national inspector.

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INSPECTION

• Penalties are a MS competence. There no standard
  sanctions at EC level. They may include
• a) fines
• b) seizure of prohibited fishing gear or catches
• c) sequestration of the vessel
• d) temporary immobilisation of the vessel
• e) suspension of the licence
• f) withdrawal of the licence.
• Serious infringements The Council is to
  establish a catalogue.

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Preventive measures

• The Commission may take preventive measures if
  there is a risk that fishing activities may lead
  to a serious threat to the conservation of living
  aquatic resources.
• They must be proportionate to the risks.
• Duration In principle three weeks and up to 6
  months.

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The way forward

• 1. The Control Agency
• Created in 2005 and to be located in Vigo.
• Objective Organise operational coordination of
  fisheries control and inspection activities by
  the MS and to assist them to cooperate so as to
  comply with the rules of the Common Fisheries
  Policy in order to ensure its effective and
  uniform application.

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The way forward

• 2. The use of technology ERS and VMS
• VMS
• Provides reports at regular intervals on the
  location of a vessel providing information on its
  speed and course.
• Vessels gt 18 m. 1.1.2004
• Vessels gt 15 m. 1.1.2005

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THE EXTERNAL DIMENSION

• Implied powers ERTA case - in its external
  relations the Community enjoys the capacity to
  establish contractual links with third countries
  over the whole field of objectives defined in
  Part One of the Treaty.
• Hague Resolution of 3 November 1976 Council
  agreed that the Community entered into agreements
  with third countries to allow fishing by vessels
  from those countries in EC waters as well as
  fishing by EC vessels in third country waters.
• The EC competence to enter into treaties is
  exclusive as regards conservation and management
  of fisheries. In other areas, there could be a
  mixed competence (i.e. UNCLOS)

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THE EXTERNAL DIMENSIONPROCEDURE TO NEGOTIATE
AGREEMENTS

• 1. OUTSET
• The European Commission requests a mandate to
  the Council which sets out the guidelines
• The Commission negotiates on behalf of the EC.

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THE EXTERNAL DIMENSIONPROCEDURE TO NEGOTIATE
AGREEMENTS

• 2. END OF THE DISCUSSIONS INITIALING
• 3. SIGNATURE OF THE AGREEMENT AND PROVISIONAL
  APPLICATION
• 4. CONCLUSION OF THE AGREEMENT AND ENTRY INTO
  FORCE

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BILATERAL AGREEMENTS

• Non-reciprocal access The surplus.
• USA, CANADA fish and chips.
• Greenland payment of financial compensation and
  the admission of fishery exports from Greenland
  free of customs duties.
• Developing countries Obligation to land, at
  least a part of their catches, in the ports of
  the third countries concerned and employ as crew
  fishermen from those countries.

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BILATERAL AGREEMENTS

• Reciprocal access Norway, Iceland, Faroes,
  Russian Federation
• Vessels are required to carry a licence and are
  subject to the fisheries jurisdiction of the
  other party when fishing in its waters. Foreign
  vessels must comply with conservation and control
  measures in other party waters.

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REGIONAL ORGANISATIONS

• Objectives
• Regulate fisheries
• Cooperate with coastal states on the management
  of the stocks which migrate between the coastal
  state EEZ and the area beyond.

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REGIONAL ORGANISATIONS

• Obligations of MS within the framework of those
  conventions Kramer case.
• MS can not only not to enter into any commitments
  which could hinder the Community in carrying out
  its tasks but also to proceed by common action
  within the Fisheries Commission.

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REGIONAL ORGANISATIONS

• Shared stocks Main issues
• 1. Identifying joint stocks
• 2. Agreeing on conservation measures
• 3. Allocating catches
• In case of no agreement, each party sets
  autonomous TACs.
• Implementation of fishery measures adopted by the
  Commissions is not automatic it requires EC
  Regulations.

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DECISION MAKING-PROCESS

• PROCEDURE TO ADOPT THE ANNUAL TAC QUOTAS
  REGULATION

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How to improve the procedure?

• RACs
• Objective advise the COM on matters of fisheries
  management in certain sea areas or fishing zones.
  They may be consulted on respect of measures to
  be adopted on the basis of Article 31 of the EC
  Treaty.
• May submit recommendations or suggestions
• Inform the Com about problems concerning the
  implementation of Community rules

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• Composition fishermen, representatives from the
  fisheries and aquaculture sectors, environment
  and consumer interests, scientists from all MS
  having fisheries interests in the areas
  concerned. Representatives from the national and
  regional administrations have the right to
  participate as members and the COM may be present
  at the meetings.
• Number of RACs
• Baltic Sea (operational since March 2006)
• Mediterranean Sea
• North Sea RAC (operational since November 2004)
• North-western waters (operational since September
  2005)
• South-western waters
• Pelagic stocks (blue whiting, mackerel, horse
  mackerel and herring) in all areas (operational
  since August 2005)
• Distant water fisheries

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THE MEDITERRANEAN

• Most fisheries take place in the coastal band and
  involve a high number of small vessels.
• Most Member States have not extended their
  exclusive fisheries limits beyond territorial
  waters.
• The EC is member of the General Fisheries
  Commission for the Mediterranean and the
  International Commission for the the conservation
  of Atlantic Tuna.

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THE FUTURE

• MSY ?
• Communication from the Commission on implementing
  sustainability 5 July 2006
• World summit on sustainable development.
  Johannesburg, 2002 Maintain or restore stocks to
  levels that can produce MSY, not later than 2015
• Fishing at MSY levels greater of large fish in
  the catch.

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THE FUTURE

• How to achieve it?
• 1. Reduce the proportion of fish captured
• 2. Decide on the annual rate to achieve the
  objective
• 3. Decisions to be implemented through long term
  plans
• 4. Periodic review
• Two economic strategies to be taken at national
  level
• A) Economic efficiency Reduction of fishing
  capacity
• B) Limit the vessel's capacity to catch fish or
  days at sea.
• First measure to be applied with effect on 2007
  management measures should not increase the
  fishing rate for any stock that is already
  overfished.