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

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Promotion and Management of Fisheries in the
European CommunityFocus coastal zone

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State of Economic Important Fish Stocks
2003-2004Source 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 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

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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

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

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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

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Commissions 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 industrys
  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 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.

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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 states 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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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

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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

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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
  resources
• Principles
• - 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
• 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 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

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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)

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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)

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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 Spains and Portugals 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 vessels 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 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

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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 CFPs
  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)

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Thank you for your attention !