Promotion and Management of Fisheries in the European Community

Focus: coastal zone

              

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State of Economic Important Fish Stocks 2003-2004

Source: European Environmental Agency: Environmental Outlook 2004

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Destructive Practices & Overfishing

• Overfishing occurs in all Community waters

• By catches of non-target species or undersized fish lie between 20 - 80 %

• Destructive gear is especially used in North-East-Atlantic & Arctic Ocean

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Climate Change

Change in water salinity and temperature

Relocation of fish and plant species

Iberian Sea, North Sea, Barents Sea and Arctic Ocean

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Multiple Demands on EC-Coasts

Tourism

Industry

Fisheries

Urban settlements

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Pollution

Industrial, touristic and agricultural activities

pollution,

eutrophication

impairment of coastal habitats

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The Fisheries Sector

• 6,6 % of the world‘s catches (5,9 mio. tonnes)

• 2,5 % of the world‘s aquaculture prod. (1,4 mio tonnes)

• Import at 10 mio. tonnes in 2003 (climax)• Catches declined 18 % from 1990-2003

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Fleet Structure 1998

• 92, 000 vessels

• Greece, Portugal, Italy, Finnland have many small vessels

• Belgium and Netherlands have huge vessels

• Other MS have mixed fleets

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Jobs 1998

• Total number of jobs depending on fisheries: approximately 550,000

• Marine fisheries 250,000

• Aquaculture 56,000

• Processing sector 100,000

• Closely related sectors 112,000

• Inland fisheries 10.000

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Employment Ranking of Member States in 1998

Spain 132,000 Denmark 20,000

Italy 107,000 Ireland 15,500

France 67,000 NL 12,000

Greece 50,000 Sweden 7,000

Portugal 44,000 Finland 6,000

UK 43,000 Belgium 2,500

Germany 20,000

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Socio-Economic Relevance

• Fisheries make up to approx. 0,28 % of the EC gross domestic income

• In no MS more than 1 %

• However, many coastal areas strongly rely on fisheries

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Perception and Non-Perception of Basic Fisheries Issues

Structure of the Political Debate

Public Awareness

Public Participation

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Structure of the Political Debate

CommissionAssisted by MS, third countries, scientific bodies, stakeholder bodies,

regional bodies

European Parliament

Council of Ministers

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MS‘s Negotiations Within the Council

Two dynamics shape negotiations

MS ally against Commission‘s proposals (‚proposals enter the political playing field‘)

MS act against each other

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Commission‘s Role & Perception

• Rational excecutive branch of the CFP

• Integrative approach: Fisheries into ICZM, biodiversity and environmental policies and an overall marine strategy

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European Parliament

• Only gives opinions, issues reports

• May ask Commission for proposals to the Council,

• Fisheries Committee Members are perceived as ‚Intermediaries for the fishing industry‘s territorialised interests.‘ (C. Lequesne 2004)

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Public Perception

Commercial sector

NGOs

Public awareness

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Public Participation

Involvement and lobbying mainly through MS

EC-level (limited to pre-decision phase)

Advisory Committee of Fisheries and Aquaculture

Regional Advisory Council

EP

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II. Legal Regimes

Global and Regional International Legal Instruments

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Sustainability – Customary Law Principle ?

...implies limitation of utilisation to the rate of optimum biomass reproduction

Terms like max. sustainable yield or maximum economic yield neglect ecosystems and socio-economic factors

Definitions of reference levels remain vague and a constant matter of political dispute

Sustainability has not become a binding rule but an ideal type offering orientation for judicial, administrational and political work

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Precautionary Principle ?

• Does not provide for any specific measures but rather implies ‚the way in which, and the time in which, measure are to be adopted.‘

• Precaution is determined by the character of each individual sectoral policy and each individual treaty

• No uniform state practice and a vague content do not provide a legal rule but ‚again‘ an ideal type

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Duty to Prevent Serious Harm

• States must not damage other states‘ environment through harmful activities within their own territories

• Applicable to other state‘s marine environment, to areas beyond national jurisdiction as well as to shared resources

• procedural duties to inform and co-operate in good faith on the basis of prior environmental assessment in order to minimize or prevent harmful (fishing) practices.

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1982 UNCLOS Obligations

1982 UNCLOS comprises the basic rules on utilisation, conservation and distribution of living

marine resources in international law

Establishment of the EEZ and fixing the territorial zone

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Entitlements in the Territorial Sea

Coastal states have:- the sovereign right to exploit their natural

resources, Art. 2 (1)- preferential use rights regarding

anadromous and catadromous stocks, Arts. 66 and 67

- the right to adopt conservation and environmental measures, Art. 21 d-f

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Management Obligations in the Territorial Sea

• Conservation and managament of anadromous and catadromous stocks, Arts. 66 (2) and 67 (1)

• Exploitation is subject to each state’s own environmental policies and in accordance with their duty to protect and preserve the marine environment, Art. 193

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1995 UN Fish Stocks Agreement Obligations

• Mainly concerned with conservation of straddling and highly migratory fish stocks on the High Seas and in the EEZ, Art. 3 (1)

• Art. 6 elaborates an precautionary approach • Art. 5 (h) requires parties to prevent

overfishing and remove overcapacity• Art. 5 (i) requires Parties to take into account

artisinal and subsistence fishers

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EC‘s Common Fisheries Policy Objectives

Resource management (1983/1993/2002)Regulate the amount of fish taken from sea

Market organisation (1970)Maintain common organisation of EC market

Structural policies (1970)

Adapt equipment & orga. to market & resources

External relations (ECJ 1976)ICFS-membership & fisheries agreements

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Legal Objectives & Principles in the EC-Treaty

Agricultural policy objectives, Art. 331. Increase productivity

2. Fair standard of living for agri. Community

3. Stabilise markets

4. Assure availability of supplies

5. Ensure reasonable prices

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Integration of Environmental Objectives and Principles

Art. 6 integrates environmental objectives and principles into all Community policies

Objectives: - preserving, protecting and improving the

quality of the environment- Prudent and rational utilisation of natural

resourcesPrinciples: - Precautionary principles - Principle of preventive action

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Institutional Structures I

Primarily based on the EC Regulations

(exclusive competence)

EC-management measures apply in the EEZ as well as in the territorial zone

Implemented and complemented by MS measures, actions and other policies

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Institutional Structures IIRemaining Powers at MS-Level

• Implementation, control & enforcement • Reserve fishing rights in 12 nm zone to vessels

fishing from ports of the adjacent coasts• Emergency measures within 12 nm• Conservation measures within 12 nm, if no specific

EC measures exist, measures are compatible with CFP-objectives, not less stringent than CFP rules and non-discriminatory

• Management measures within 12 nm ‚solely for vessels flying their flag‘ which are not less stringent than EC legislation

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Institutional Structures III Remaining Powers at MS-Level

• Structural Policy: MS have discretionary powers regarding which activities or sub-sectors may be supported

• Regarding fleet renewal and modernisation MS discretion is restricted

• Additional subisidies must be notified to the Commission – block exemption

• Market organisation is implemented mainly through ‚producer organisations‘;

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Management Measures ITotal Allowable Catch

• Quantitative limits on landings of a stock or group of stocks over a given period, Art. 3 (m)

• Council has to balance conservation and socio-economic aspects

• Judicial review is limited to cases where discretionary mistakes or abuse is obvious

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Management Measures IITotal Allowable Catch

• TAC is divided into MS-quotas• Quotas have to be caught in specific marine

areas• Based on the principle of ‚relative stability‘

(reference period 1973-1978)

• MS may swap quotas, Art. 20 (5)• Commission can deduce future quotas in

cases where quotas have been exceeded• Quota hopping

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Management Measures IIIEffort Control

‘Product of the capacity and the activity of a fishing vessel’ Art. 3 (h)

Instruments to implement effort control:

Licence systems limiting the number of vessels or days at sea, or regions to be fished

Restructuring the fleet

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Management Measures IVEffort Control

‚Shetland Box‘- Ships over 26 m fishing for demersal stocks

need to apply for authorisation- Only ships from D/B/UK/F

‚West Atlantic‘- Effort limitations regarding ships over 15 m

fishing for demersal stocks

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Managament Measures VCFP Licenses System

EC licenses system has control and monitoring functions

1.Minimum information requirements in licenses

2.System of special fishing permits

3.Licenses for fishing in third country waters under fisheries agreements

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Management Measures VITechnical Measures

• Measure regarding fishing gear

• No take zones and periods

• Measures regulating minimum size of caught fish

• Measures to reduce impact on ecosystem and non-target species (allowed composition of catches and duty to return them to the sea)

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Auxiliary Management Measures

•Establishing targets for sustainable exploitation, Art. 4 (c)

•Recovery and management plans, Arts. 5, 6

•Emergency Measures, Arts. 7 and 8

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Control & Enforcement Regime

Art. 23 (1) of the Basic Regulation provides

‘Unless otherwise provided for in the Community law, Member States shall

ensure effective control, inspection and enforcement of rules of the Common

Fisheries Policy.’

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‚Unless‘

EC requires MS to• Set up administrative C & E structures

and measures• In response to violations MS shall

initiate administrative or criminal proceedings

• Non-binding list of sanctions for serious infringements is provided by EC

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Inspection Scheme

• MS have the duty to co-operate with other MS • MS are allowed to inspect vessels flying their flag in

the Community‘s EEZ • Subject prior authorisation MS may inspect all other

Community vessels in the whole Community EEZ• MS may inspect Community vessels in international

waters• Reports of other MS and Community Inspectors shall

constitute admissible evidence in other MS‘s administrative and judicial proceedings

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Commission‘s Control Competences I

• Controls and evaluates application of the CFP by MS

• If control is insufficient, the Commission may take preventive measures (proportionate and lasting from 3 weeks to 6 month; if quotas are exhausted, Commission may order a stop)

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Commission‘s Control Competences II

• Commission has the right to inspect on ist own accord and on ist own means

• The Commission shall have access to all relevant documents and information to exercise ist responsibility

• Not, If the inspected party objects, (no police powers)

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Instruments Promoting Fisheries

Promotional activities are pursued through structural measures and market

intervention

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Structural Promotional Policies I

European Agricultural Guidance and Guarantee Fund (EAGGF) managed the funding of structural fisheries policies from 1983 to 1993

– Budget 1983: 32 mio. ecus– 1993: 330 mio. ecus– Increase: due to Spain‘s and Portugal‘s

accession

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Structural Promotional Policies II

• 1992 Financial Instrument for Fisheries Guidance (FIFG) was established

• Budget: 2,9 billion ecus

• Main beneficiaries: Spain, Italy, Portugal and France

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Structural Promotional Policies III

Aims

- Adjusting fishing capacity

- Modernising and renewing EC-fleet

- Develop food-processing and marketing of products

- Socio-economic measures

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Structural Promotional Policies IV

Contradiction !!!

Aid for both increasing and decreasing capacity

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Structural Promotional Policies V

New vessels have not been compensated sufficiently by withdrawals

Modernisation projects led to increases in capacity

MS aids have been exceeding Community plans

Multi-annual Guidance Plans were non-binding and weakly implemented

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Structural Promotional Policies VI

Multi-annual Guidance Plans have been replaced in 2002 by a simpler system

adjusting fishing capacity and respective subsidisation schemes

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Structural Promotional Policies VII

Capacity Reduction

• MS must attain a capacity reference level established by the EC

• Scrapped vessel‘s fishing authorisation must be revoked

• New capacity entries must be compensated ‚at least‘ by the same amount of capacity

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Structural Promotional Policies VIII

Adjusting subsidisation schemes

New capacity may only be subsidised where previously it has been compensated ‚without‘ public aid:

1:1 for ships under 100 GT

1:1,35 for ships over 100 GT

Subsides for ‚modernisation of vessels‘ are limited to security, improving working conditions and hygiene, non of them may increase GT

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Promotional Activities in the Common Market Organisation I

EAGGF funds:

• withdrawals of catches unsold

• deferment measures (stocking and processing)

Subsidies: 11 mio. ecus in 1998

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Empirical Remarks I

Promotion regimes

Promotional activities have for a long time increased capacity (Reform 2002)

Subsidies have not managed to increase CFP‘s legitimacy among fishermen

Mostly, distribution is perceived as unfair

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Empirical Remarks II

Management Measures

Up to 2002 CFP management has clearly lead to overutilisation

Post-reform experiences have been mixed (TAC setting; reporting practices of MS; exeeding quotas)

Thank you for your attention !