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THE COMMON FISHERIES POLICY

THE COMMON FISHERIES POLICY. Mariano ABAD MENENDEZ Principal Administrator General Secretariat of the Council of the European Union. ORIGINS. Fish are a natural, mobile and renewable resource Common resource. Why manage fishing?.

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THE COMMON FISHERIES POLICY

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  1. THE COMMON FISHERIES POLICY Mariano ABAD MENENDEZ Principal Administrator General Secretariat of the Council of the European Union

  2. ORIGINS • Fish are a natural, mobile and renewable resource • Common resource

  3. 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)

  4. 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

  5. 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

  6. 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.

  7. 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

  8. 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

  9. 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.

  10. 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

  11. 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".

  12. RELATIVE STABILITY • Impossible to guarantee specific tonnages • Better to guarantee a specific percentage per MS = relative stability

  13. RELATIVE STABILITY • How were the percentages calculated? • 1) Past fishing performance: average catches in theperiod 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 <= 24 m. in N. Ireland, Scotland and in ports of the North east coast of England • 3) Compensation for lossessuffered as a consequence of the extension of fishing limits by third countries

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

  15. 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.

  16. 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.

  17. 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

  18. 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.

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

  20. TYPES OF MEASURESTECHNICAL CONSERVATION MEASURES • Gear regulation: minimum mesh sizes • Minimum landing sizes • Closed areas and closed seasons • By-catch limits

  21. 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

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

  23. 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.

  24. 2002 reform: NEW MEASURES • Multiannual recovery plans Target: stocks outside biological limits • Management plans Objective: Maintain stocks within safe biological limits

  25. 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.

  26. 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

  27. 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

  28. 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.

  29. 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.

  30. 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.

  31. 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.

  32. 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 > 18 m.: 1.1.2004 Vessels > 15 m.: 1.1.2005

  33. 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)

  34. 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.

  35. 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

  36. 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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