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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

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

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

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

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

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

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

Fleet Structure 1998
  • 92, 000 vessels
  • Greece, Portugal, Italy, Finnland have many small
  • Belgium and Netherlands have huge vessels
  • Other MS have mixed fleets

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

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

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

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

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

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

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

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)

Public Perception
  • Commercial sector
  • NGOs
  • Public awareness

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

II. Legal Regimes
  • Global and Regional International Legal

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

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

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

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

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

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

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

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

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

Integration of Environmental Objectives and
  • 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
  • Principles
  • - Precautionary principles
  • - Principle of preventive action

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

Institutional Structures II Remaining Powers at
  • 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

Institutional Structures III Remaining Powers at
  • Structural Policy MS have discretionary powers
    regarding which activities or sub-sectors may be
  • 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

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

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

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

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

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

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)

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

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.

  • EC requires MS to
  • Set up administrative C E structures and
  • In response to violations MS shall initiate
    administrative or criminal proceedings
  • Non-binding list of sanctions for serious
    infringements is provided by EC

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
  • MS may inspect Community vessels in international
  • Reports of other MS and Community Inspectors
    shall constitute admissible evidence in other
    MSs administrative and judicial proceedings

Commissions Control Competences I
  • Controls and evaluates application of the CFP by
  • 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)

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

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

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

Structural Promotional Policies II
  • 1992 Financial Instrument for Fisheries Guidance
    (FIFG) was established
  • Budget 2,9 billion ecus
  • Main beneficiaries Spain, Italy, Portugal and

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

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

Structural Promotional Policies V
  • New vessels have not been compensated
    sufficiently by withdrawals
  • Modernisation projects led to increases in
  • MS aids have been exceeding Community plans
  • Multi-annual Guidance Plans were non-binding and
    weakly implemented

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

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

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

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

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

Empirical Remarks II
  • Management Measures
  • Up to 2002 CFP management has clearly lead to
  • Post-reform experiences have been mixed (TAC
    setting reporting practices of MS exeeding

Thank you for your attention !