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Promotion and Management of Fisheries in the European Community Focus: coastal zone

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Title: Promotion and Management of Fisheries in the European Community Focus: coastal zone


1
Promotion and Management of Fisheries in the
European Community Focus coastal zone

2
State of Economic Important Fish Stocks
2003-2004 Source European Environmental Agency
Environmental Outlook 2004
3
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

4
Climate Change
  • Change in water salinity and temperature
  • Relocation of fish and plant species
  • Iberian Sea, North Sea, Barents Sea and Arctic
    Ocean

5
Multiple Demands on EC-Coasts
  • Tourism
  • Industry
  • Fisheries
  • Urban settlements

6
Pollution
  • Industrial, touristic and agricultural activities
  • pollution,
  • eutrophication
  • impairment of coastal habitats

7
The Fisheries Sector
  • 6,6 of the worlds catches (5,9 mio. tonnes)
  • 2,5 of the worlds aquaculture prod. (1,4 mio
    tonnes)
  • Import at 10 mio. tonnes in 2003 (climax)
  • Catches declined 18 from 1990-2003

8
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

9
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

10
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

11
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

12
Perception and Non-Perception of Basic Fisheries
Issues
  • Structure of the Political Debate
  • Public Awareness
  • Public Participation

13
Structure of the Political Debate
  • Commission
  • Assisted by MS, third countries, scientific
    bodies, stakeholder bodies, regional bodies
  • European Parliament
  • Council of Ministers

14
MSs Negotiations Within the Council
  • Two dynamics shape negotiations
  • MS ally against Commissions proposals
    (proposals enter the political playing field)
  • MS act against each other

15
Commissions Role Perception
  • Rational excecutive branch of the CFP
  • Integrative approach Fisheries into ICZM,
    biodiversity and environmental policies and an
    overall marine strategy

16
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 industrys
    territorialised interests. (C. Lequesne 2004)

17
Public Perception
  • Commercial sector
  • NGOs
  • Public awareness

18
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

19
II. Legal Regimes
  • Global and Regional International Legal
    Instruments

20
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

21
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

22
Duty to Prevent Serious Harm
  • States must not damage other states environment
    through harmful activities within their own
    territories
  • Applicable to other states 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.

23
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

24
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

25
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 states own
    environmental policies and in accordance with
    their duty to protect and preserve the marine
    environment, Art. 193

26
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

27
ECs 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

28
Legal Objectives Principles in the EC-Treaty
  • Agricultural policy objectives, Art. 33
  • 1. Increase productivity
  • 2. Fair standard of living for agri. Community
  • 3. Stabilise markets
  • 4. Assure availability of supplies
  • 5. Ensure reasonable prices

29
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
    resources
  • Principles
  • - Precautionary principles
  • - Principle of preventive action

30
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

31
Institutional Structures II Remaining 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

32
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

33
Management Measures I Total 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

34
Management Measures II Total 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

35
Management Measures III Effort 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

36
Management Measures IV Effort 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

37
Managament Measures V CFP Licenses System
  • EC licenses system has control and monitoring
    functions
  • Minimum information requirements in licenses
  • 2. System of special fishing permits
  • 3. Licenses for fishing in third country waters
    under fisheries agreements

38
Management Measures VI Technical 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)

39
Auxiliary Management Measures
  • Establishing targets for sustainable
    exploitation, Art. 4 (c)
  • Recovery and management plans, Arts. 5, 6
  • Emergency Measures, Arts. 7 and 8

40
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.

41
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

42
Inspection Scheme
  • MS have the duty to co-operate with other MS
  • MS are allowed to inspect vessels flying their
    flag in the Communitys 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
    MSs administrative and judicial proceedings

43
Commissions 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)

44
Commissions 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)

45
Instruments Promoting Fisheries
  • Promotional activities are pursued through
    structural measures and market intervention

46
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 Spains and Portugals accession

47
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

48
Structural Promotional Policies III
  • Aims
  • Adjusting fishing capacity
  • Modernising and renewing EC-fleet
  • Develop food-processing and marketing of products
  • Socio-economic measures

49
Structural Promotional Policies IV
  • Contradiction !!!
  • Aid for both increasing and decreasing capacity

50
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

51
Structural Promotional Policies VI
  • Multi-annual Guidance Plans have been replaced in
    2002 by a simpler system adjusting fishing
    capacity and respective subsidisation schemes

52
Structural Promotional Policies VII
  • Capacity Reduction
  • MS must attain a capacity reference level
    established by the EC
  • Scrapped vessels fishing authorisation must be
    revoked
  • New capacity entries must be compensated at
    least by the same amount of capacity

53
Structural Promotional Policies VIII
  • Adjusting subsidisation schemes
  • New capacity may only be subsidised where
    previously it has been compensated without
    public aid 11 for ships under 100 GT
  • 11,35 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

54
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

55
Empirical Remarks I
  • Promotion regimes
  • Promotional activities have for a long time
    increased capacity (Reform 2002)
  • Subsidies have not managed to increase CFPs
    legitimacy among fishermen
  • Mostly, distribution is perceived as unfair

56
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)

57
Thank you for your attention !
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