THE COMMON FISHERIES THE COMMON FISHERIES POLICYPOLICY

Mariano ABAD MENENDEZMariano ABAD MENENDEZ

Principal AdministratorPrincipal Administrator

General Secretariat of the Council of the General Secretariat of the Council of the European UnionEuropean Union

ORIGINSORIGINS

Fish are a natural, mobile and renewable Fish are a natural, mobile and renewable resourceresource

Common resourceCommon resource

Why manage fishing?Why manage fishing?

1) To ensure sustainability = optimum balance 1) To ensure sustainability = optimum balance between capacity and resourcesbetween capacity and resources

If overfishing - risk of collapseIf overfishing - risk of collapse

Other risks: pollutionOther risks: pollution

Objective: MSY = maximum sustainable yieldObjective: MSY = maximum sustainable yield

Greatest quantity of fish that can be caught without Greatest quantity of fish that can be caught without the stock being adversely affectedthe stock being adversely affected

(provided that environmental factors don't change)(provided that environmental factors don't change)

Why manage fishing?Why manage fishing?

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

EVOLUTIONEVOLUTION

1. 1. Common measures in 1970 – failure of successCommon measures in 1970 – failure of success• Access to fishing grounds: Equal; not freeAccess to fishing grounds: Equal; not free• MarketsMarkets• Structure: modernisationStructure: modernisation

= Increase safety= Increase safety= Improve hygiene conditions= Improve hygiene conditions= Adapt to new fisheries= Adapt to new fisheries= Facilitate adoption of new fishing methods= Facilitate adoption of new fishing methods

2.2. The third UN conference on the law of the sea The third UN conference on the law of the sea (UNCLOS): The EEZ(UNCLOS): The EEZThe Hague Resolution: November 1976 asking MS to extend The Hague Resolution: November 1976 asking MS to extend their fishing zones to 200 miles as from 1.1.1977 of the North their fishing zones to 200 miles as from 1.1.1977 of the North Sea and North Atlantic CoastSea and North Atlantic Coast

EVOLUTIONEVOLUTION

Within the EEZ zone each Coastal State has Within the EEZ zone each Coastal State has sovereign rights for exploiting, conserving and sovereign rights for exploiting, conserving and managing fishery resources. managing fishery resources.

There is an obligation to allow others to fish for any There is an obligation to allow others to fish for any fish the coastal state can not exploit itself.fish the coastal state can not exploit itself.

3. 3. 1983: First Regulation on conservation 1983: First Regulation on conservation measuresmeasures

Regulation 170/83. Amended on 1992 and again Regulation 170/83. Amended on 1992 and again in 2002.in 2002.

SCOPESCOPE

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

EC fisheries managementEC fisheries management OBJECTIVES OBJECTIVES

Short termShort term

Ensure the continuation of stocks as a Ensure the continuation of stocks as a commercial viable resourcecommercial viable resource

Decrease fishing effort in order to ensure Decrease fishing effort in order to ensure stable yields from year to year - adapt fishing stable yields from year to year - adapt fishing fleets to catch potentialfleets to catch potential

Ensure highest possible catchesEnsure highest possible catches

EC fisheries managementEC fisheries management OBJECTIVES OBJECTIVES

Long termLong term

Exploitation of living aquatic resources Exploitation of living aquatic resources providing sustainable economic, providing sustainable economic, environmental and social conditions.environmental and social conditions.

The policy is to be based on sound scientific The policy is to be based on sound scientific advice and on the precautionary principle.advice and on the precautionary principle.

TYPES OF MEASURESTYPES OF MEASURES

TACs: TOTAL TACs: TOTAL ALLOWABLE ALLOWABLE CATCHESCATCHES

Amount of fish that can be Amount of fish that can be taken from a particular stock taken from a particular stock in the year in question.in the year in question.

TACs are divided into TACs are divided into quotas allocated to quotas allocated to individual MS individual MS

Criteria to allocate quotasCriteria to allocate quotas

Article 20(1) of framework regulationArticle 20(1) of framework regulation

"Fishing opportunities shall be distributed "Fishing opportunities shall be distributed among MS in such a way as to assure each MS among MS in such a way as to assure each MS relative stability of fishing activities for each relative stability of fishing activities for each stock or fishery".stock or fishery".

RELATIVE STABILITYRELATIVE STABILITY

Impossible to guarantee specific tonnagesImpossible to guarantee specific tonnages

Better to guarantee a specific percentage per Better to guarantee a specific percentage per MS = relative stabilityMS = relative stability

RELATIVE STABILITYRELATIVE STABILITY

How were the percentages calculated?How were the percentages calculated?1) 1) Past fishing performance: average catches in thePast fishing performance: average catches in the periodperiod 1973 - 1978. 1973 - 1978. 2)2) Hague preferences: Hague preferences: The needs of regions particularly The needs of regions particularly dependent on fishing: IE, Scotland, North-east coast of dependent on fishing: IE, Scotland, North-east coast of EnglandEnglandIE: 2 x total landings in 1975 in all portsIE: 2 x total landings in 1975 in all portsUK: Landings by vessels <= 24 m. in N. Ireland, Scotland and UK: Landings by vessels <= 24 m. in N. Ireland, Scotland and in ports of the North east coast of Englandin ports of the North east coast of England

l 3)3) Compensation Compensation for lossesfor losses suffered as a consequence of suffered as a consequence of the extension of fishing limits by third countriesthe extension of fishing limits by third countries

RELATIVE STABILITYRELATIVE STABILITY

The proportions used in 1982 became the The proportions used in 1982 became the "allocation keys"."allocation keys".

They have to be reviewed after each accession They have to be reviewed after each accession of new MS.of new MS.

DecisionDecision

The Council acting by qualified majority on The Council acting by qualified majority on a proposal from the Commissiona proposal from the Commission

MS decide on the method of allocation of MS decide on the method of allocation of their fishing opportunities among the their fishing opportunities among the vessels flying their flag. Subsidiarityvessels flying their flag. Subsidiarity

MS may exchange all or part of their MS may exchange all or part of their fishing opportunities. Prior notification to fishing opportunities. Prior notification to the COM.the COM.

Quota takenQuota taken

When a MS has exceeded the fishing When a MS has exceeded the fishing opportunities which have been allocated to opportunities which have been allocated to it, the Community can operate deductions.it, the Community can operate deductions.

The COM may immediately stop fishing The COM may immediately stop fishing activities once the respective quota has activities once the respective quota has been exhausted.been exhausted.

Undesired effects from TACSUndesired effects from TACS

Keeping the bigger fish and throwing away the Keeping the bigger fish and throwing away the smallersmaller

Discards: Fish which are caught and Discards: Fish which are caught and immediately return to the sea because:immediately return to the sea because:

less than the minimum legal landing sizeless than the minimum legal landing size

in excess of quota limits; or in excess of quota limits; or

no economic interestno economic interest

Under-reportingUnder-reporting

TYPES OF MEASURESTYPES OF MEASURES

FISHING EFFORT FISHING EFFORT

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

TYPES OF MEASURESTYPES OF MEASURES TECHNICAL CONSERVATION TECHNICAL CONSERVATION

MEASURESMEASURES

Basic aim

Limit the capture of:

Immature fish

Unwanted fish

Marine mammals, birds and other species such as turtles

TYPES OF MEASURESTYPES OF MEASURES TECHNICAL CONSERVATION TECHNICAL CONSERVATION

MEASURESMEASURES

Gear regulation: minimum mesh sizesGear regulation: minimum mesh sizes

Minimum landing sizesMinimum landing sizes

Closed areas and closed seasonsClosed areas and closed seasons

By-catch limitsBy-catch limits

Minimum mesh sizes

OBJECTIVE CRITICS

Increase the yield per recruit by allowing small fish to

escape

Imperfect tool for fisheries management in a mixed,

multispecies fishery

Minimum landing sizesOBJECTIVE CRITICS

Discourage fishermen from using nets of less than the legal minimum and avoid areas where small fish predominate

Although preventing the landing of

undersized fish, it must be discarded.

Rate of survival very low.

Seasonal bans

OBJECTIVE CRITICS

Protecting juvenile fish by prohibiting fishing during the

periods when they are abundant in the areas

where fishing is banned.

To be effective there should be a total ban

on fishing

ACCESSACCESS

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

ACCESSACCESS

- Shetland box- Shetland box

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

LICENCESLICENCES

Another way to limiting the fishing capacityAnother way to limiting the fishing capacity

Since January 1995 all vessels operating Since January 1995 all vessels operating in EC waters and all EC vessels operating in EC waters and all EC vessels operating outside community areas require a outside community areas require a licence.licence.

Conditions to be effective: areaConditions to be effective: area

Fees? – Yes in third country agreements.Fees? – Yes in third country agreements.

2002 reform: NEW MEASURES2002 reform: NEW MEASURES

Multiannual recovery plansMultiannual recovery plans

Target: stocks outside biological limitsTarget: stocks outside biological limits

Management plansManagement plans

Objective: Maintain stocks within safe Objective: Maintain stocks within safe biological limitsbiological limits

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

CONTROL and CONTROL and ENFORCEMENTENFORCEMENT

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

Some elements to be taken into Some elements to be taken into account:account:

Nationality of the vesselNationality of the vesselLocationLocationSpecies being fishedSpecies being fishedGear being usedGear being usedBy-catchesBy-catchesMinimum sizesMinimum sizesLog booksLog booksLicenceLicenceReportingReporting

INSPECTIONINSPECTION

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

INSPECTIONINSPECTION

Penalties are a MS competence. There no Penalties are a MS competence. There no standard sanctions at EC level. They may standard sanctions at EC level. They may include:include:a) finesa) finesb) seizure of prohibited fishing gear or catchesb) seizure of prohibited fishing gear or catchesc) sequestration of the vesselc) sequestration of the vesseld) temporary immobilisation of the vesseld) temporary immobilisation of the vessele) suspension of the licencee) suspension of the licencef) withdrawal of the licence.f) withdrawal of the licence.Serious infringements: The Council is to Serious infringements: The Council is to establish a catalogue.establish a catalogue.

Preventive measuresPreventive measures

The Commission may take preventive The Commission may take preventive measures if there is a risk that fishing measures if there is a risk that fishing activities may lead to a serious threat to activities may lead to a serious threat to the conservation of living aquatic the conservation of living aquatic resources.resources.

They must be proportionate to the risks.They must be proportionate to the risks.

Duration: In principle three weeks and up Duration: In principle three weeks and up to 6 months.to 6 months.

The way forwardThe way forward

1. The Control Agency1. The Control Agency

Created in 2005 and to be located in Vigo.Created in 2005 and to be located in Vigo.

Objective: Organise operational Objective: Organise operational coordinationcoordination of of fisheries control and inspection activities by the fisheries control and inspection activities by the MS and to assist them to MS and to assist them to cooperatecooperate so as to so as to comply with the rules of the Common Fisheries comply with the rules of the Common Fisheries Policy in order to ensure its effective and uniform Policy in order to ensure its effective and uniform application.application.

The way forwardThe way forward

2. The use of technology: ERS and VMS2. The use of technology: ERS and VMS

VMSVMS

Provides reports at regular intervals on the Provides reports at regular intervals on the location of a vessel providing information location of a vessel providing information on its speed and course.on its speed and course.

Vessels > 18 m.: 1.1.2004Vessels > 18 m.: 1.1.2004

Vessels > 15 m.: 1.1.2005Vessels > 15 m.: 1.1.2005

THE EXTERNAL DIMENSIONTHE EXTERNAL DIMENSION

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

THE EXTERNAL DIMENSIONTHE EXTERNAL DIMENSIONPROCEDURE TO NEGOTIATE PROCEDURE TO NEGOTIATE

AGREEMENTSAGREEMENTS

1. 1. OUTSET OUTSET

The European Commission requests a The European Commission requests a mandate to the Council which sets out the mandate to the Council which sets out the guidelinesguidelines

The Commission negotiates on behalf of The Commission negotiates on behalf of the EC.the EC.

THE EXTERNAL DIMENSIONTHE EXTERNAL DIMENSIONPROCEDURE TO NEGOTIATE PROCEDURE TO NEGOTIATE

AGREEMENTSAGREEMENTS

2. END OF THE DISCUSSIONS: INITIALING2. END OF THE DISCUSSIONS: INITIALING

3. SIGNATURE OF THE AGREEMENT AND 3. SIGNATURE OF THE AGREEMENT AND PROVISIONAL APPLICATIONPROVISIONAL APPLICATION

4. CONCLUSION OF THE AGREEMENT AND 4. CONCLUSION OF THE AGREEMENT AND ENTRY INTO FORCEENTRY INTO FORCE

BILATERAL AGREEMENTSBILATERAL AGREEMENTS

Non-reciprocal access: The surplusNon-reciprocal access: The surplus..

USA, CANADA: fish and chips. USA, CANADA: fish and chips.

Greenland: payment of financial compensation Greenland: payment of financial compensation and the admission of fishery exports from and the admission of fishery exports from Greenland free of customs duties.Greenland free of customs duties.

Developing countries: Obligation to land, at least Developing countries: Obligation to land, at least a part of their catches, in the ports of the third a part of their catches, in the ports of the third countries concerned and employ as crew countries concerned and employ as crew fishermen from those countries.fishermen from those countries.

BILATERAL AGREEMENTSBILATERAL AGREEMENTS

Reciprocal access: Norway, Iceland, Faroes, Reciprocal access: Norway, Iceland, Faroes, Russian FederationRussian Federation

Vessels are required to carry a licence and are Vessels are required to carry a licence and are subject to the fisheries jurisdiction of the other subject to the fisheries jurisdiction of the other party when fishing in its waters. Foreign party when fishing in its waters. Foreign vessels must comply with conservation and vessels must comply with conservation and control measures in other party waters.control measures in other party waters.

REGIONAL ORGANISATIONSREGIONAL ORGANISATIONS

Objectives:Objectives:

Regulate fisheriesRegulate fisheries

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

REGIONAL ORGANISATIONSREGIONAL ORGANISATIONS

Obligations of MS within the framework of Obligations of MS within the framework of those conventions: Kramer case. those conventions: Kramer case.

MS can not only not to enter into any MS can not only not to enter into any commitments which could hinder the commitments which could hinder the Community in carrying out its tasks but Community in carrying out its tasks but also to proceed by common action within also to proceed by common action within the Fisheries Commission.the Fisheries Commission.

REGIONAL ORGANISATIONSREGIONAL ORGANISATIONS

Shared stocks: Main issues:Shared stocks: Main issues:1. Identifying joint stocks1. Identifying joint stocks2. Agreeing on conservation measures2. Agreeing on conservation measures3. Allocating catches3. Allocating catches

In case of no agreement, each party sets In case of no agreement, each party sets autonomous TACs.autonomous TACs.Implementation of fishery measures Implementation of fishery measures adopted by the Commissions is not adopted by the Commissions is not automatic; it requires EC Regulations.automatic; it requires EC Regulations.

DECISION MAKING-PROCESSDECISION MAKING-PROCESS

PROCEDURE TO ADOPT THE ANNUAL PROCEDURE TO ADOPT THE ANNUAL TAC & QUOTAS REGULATIONTAC & QUOTAS REGULATION

How to improve the procedure?How to improve the procedure?

RACsRACs

Objective: advise the COM on matters of Objective: advise the COM on matters of fisheries management in certain sea areas or fisheries management in certain sea areas or fishing zones. They may be consulted on fishing zones. They may be consulted on respect of measures to be adopted on the basis respect of measures to be adopted on the basis of Article 31 of the EC Treaty.of Article 31 of the EC Treaty.

May submit recommendations or suggestionsMay submit recommendations or suggestions

Inform the Com about problems concerning the Inform the Com about problems concerning the implementation of Community rulesimplementation of Community rules

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

THE MEDITERRANEANTHE MEDITERRANEAN

Most fisheries take place in the coastal band and Most fisheries take place in the coastal band and involve a high number of small vessels.involve a high number of small vessels.

Most Member States have not extended their Most Member States have not extended their exclusive fisheries limits beyond territorial exclusive fisheries limits beyond territorial waters.waters.

The EC is member of the General Fisheries The EC is member of the General Fisheries Commission for the Mediterranean and the Commission for the Mediterranean and the International Commission for the the International Commission for the the conservation of Atlantic Tuna. conservation of Atlantic Tuna.

THE FUTURETHE FUTURE

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

THE FUTURETHE FUTURE

How to achieve it?How to achieve it?1. Reduce the proportion of fish captured1. Reduce the proportion of fish captured2. Decide on the annual rate to achieve the objective2. Decide on the annual rate to achieve the objective3. Decisions to be implemented through long term plans3. Decisions to be implemented through long term plans4. Periodic review4. Periodic review

Two economic strategies to be taken at national level:Two economic strategies to be taken at national level:A) Economic efficiency: Reduction of fishing capacityA) Economic efficiency: Reduction of fishing capacityB) Limit the vessel's capacity to catch fish or days at sea.B) Limit the vessel's capacity to catch fish or days at sea.First measure to be applied with effect on 2007: First measure to be applied with effect on 2007:

management measures should not increase the fishing management measures should not increase the fishing rate for any stock that is already overfished.rate for any stock that is already overfished.