THE COMMON FISHERIES POLICY Mariano ABAD MENENDEZ Principal Administrator General Secretariat of the Council of the European Union

ORIGINS Fish are a natural, mobile and renewable resource Common resource Nobody can own fish until they have been captured =

Why manage fishing? 1) To ensure sustainability = optimum balance between capacity and resources If overfishing - risk of collapse Other risks: pollution Objective: MSY = maximum sustainable yield Greatest quantity of fish that can be caught without the stock being adversely affected (provided that environmental factors don't change) Stock being fished grows at a rapid rate trying to reach its original size

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

EVOLUTION 1. Common measures in 1970 – failure of success Access to fishing grounds: Equal; not free Markets Structure: modernisation = Increase safety = Improve hygiene conditions = Adapt to new fisheries = Facilitate adoption of new fishing methods 2. The third UN conference on the law of the sea (UNCLOS): The EEZ The Hague Resolution: November 1976 asking MS to extend their fishing zones to 200 miles as from 1.1.1977 of the North Sea and North Atlantic Coast Compare with Formula one: New vessels have greater fishing power than old ones due to advances in technology.

EVOLUTION Within the EEZ zone each Coastal State has sovereign rights for exploiting, conserving and managing fishery resources. There is an obligation to allow others to fish for any fish the coastal state can not exploit itself. 3. 1983: First Regulation on conservation measures Regulation 170/83. Amended on 1992 and again in 2002.

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

EC fisheries management OBJECTIVES Short term Ensure the continuation of stocks as a commercial viable resource Decrease fishing effort in order to ensure stable yields from year to year - adapt fishing fleets to catch potential Ensure highest possible catches

EC fisheries management OBJECTIVES Long term Exploitation of living aquatic resources providing sustainable economic, environmental and social conditions. The policy is to be based on sound scientific advice and on the precautionary principle.

TYPES OF MEASURES TACs: TOTAL ALLOWABLE CATCHES Amount of fish that can be taken from a particular stock in the year in question. TACs are divided into quotas allocated to individual MS It was one of the first management measures because both fishermen and stakeholders were familiar with these measures since they were used in regional fishery organisations.

Criteria to allocate quotas Article 20(1) of framework regulation "Fishing opportunities shall be distributed among MS in such a way as to assure each MS relative stability of fishing activities for each stock or fishery".

RELATIVE STABILITY Impossible to guarantee specific tonnages Better to guarantee a specific percentage per MS = relative stability

RELATIVE STABILITY How were the percentages calculated? 1) Past fishing performance: average catches in the period 1973 - 1978. 2) Hague preferences: The needs of regions particularly dependent on fishing: IE, Scotland, North-east coast of England IE: 2 x total landings in 1975 in all ports UK: Landings by vessels <= 24 m. in N. Ireland, Scotland and in ports of the North east coast of England 3) Compensation for losses suffered as a consequence of the extension of fishing limits by third countries Industrial fishing (not for human consumption was deducted (DK))

RELATIVE STABILITY The proportions used in 1982 became the "allocation keys". They have to be reviewed after each accession of new MS. The principle of relative stability derogates from the equal access it is not discriminatory since it shares the burden of insufficient resources in a non-discriminatory manner among the Member States.

Decision The Council acting by qualified majority on a proposal from the Commission MS decide on the method of allocation of their fishing opportunities among the vessels flying their flag. Subsidiarity MS may exchange all or part of their fishing opportunities. Prior notification to the COM.

Quota taken When a MS has exceeded the fishing opportunities which have been allocated to it, the Community can operate deductions. The COM may immediately stop fishing activities once the respective quota has been exhausted.

Undesired effects from TACS Keeping the bigger fish and throwing away the smaller Discards: Fish which are caught and immediately return to the sea because: less than the minimum legal landing size in excess of quota limits; or no economic interest Under-reporting

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

TYPES OF MEASURES TECHNICAL CONSERVATION MEASURES Basic aim Limit the capture of: Immature fish Unwanted fish Marine mammals, birds and other species such as turtles

TYPES OF MEASURES TECHNICAL CONSERVATION MEASURES Gear regulation: minimum mesh sizes Minimum landing sizes Closed areas and closed seasons By-catch limits

Increase the yield per recruit by allowing small fish to escape 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 sizes OBJECTIVE 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.

To be effective there should be a total ban on fishing 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 Problem: mixed species

ACCESS 1970 - Introduction of principle of equal access. Against international trend to give exclusive or preferential fishing rights to coastal states over zones off their coasts. Article 17 of framework Reg.: EC fishing vessels shall have equal access to waters and resources in all EC waters other than up to 12 nautical miles from the baselines. Exceptions: - 12 mile limit Territorial sea according to UNCLOS. This exemption is to continue to apply until 31 December 2012. Fishing is restricted to fishing vessels that traditionally fish in those waters from ports on the adjacent coasts + arrangements in ANNex I of framework Regulation. Within the 12 miles MS can adopt conservation and management measures applicable to all fishing vessels provided that they are not discriminatory, that there has been prior consultation and that there is no EC legislation covering the same issues.

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

LICENCES Another way to limiting the fishing capacity Since January 1995 all vessels operating in EC waters and all EC vessels operating outside community areas require a licence. Conditions to be effective: area Fees? – Yes in third country agreements.

2002 reform: NEW MEASURES Multiannual recovery plans Target: stocks outside biological limits Management plans Objective: Maintain stocks within safe biological limits Recovery: Cod, northern hake, southern hake and NW lobster in the cantabrian sea and W. iberian peninsula Management: sole in the Bay of Biscay and plaice

Emergency measures Competence: MS or the COM When? 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 activities and requiring immediate action. B) MS: serious and unforeseen threat. Damage must be difficult to repair if measures are not taken immediately. At the request of a MS or at the initiative of the COM Duration: 6 months [+ 6 months] / 3 months Request addressed to other MS, the COM and relevant RACS. COM: 15 days to decide. It has to be communicated to the Ms concerned and publish in the OJ. MS concerned can refer the issue to the Council within 10 days of receipt of the notification. Council by qualified majority voting can take a different decision within one month of the receipt of the referral.

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

Some elements to be taken into account: Nationality of the vessel Location Species being fished Gear being used By-catches Minimum sizes Log books Licence Reporting

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

INSPECTION Penalties are a MS competence. There no standard sanctions at EC level. They may include: a) fines b) seizure of prohibited fishing gear or catches c) sequestration of the vessel d) temporary immobilisation of the vessel e) suspension of the licence f) withdrawal of the licence. Serious infringements: The Council is to establish a catalogue. Penalties must be an effective deterrent. In practice, they are considered as part of the costs of fishing.

Preventive measures The Commission may take preventive measures if there is a risk that fishing activities may lead to a serious threat to the conservation of living aquatic resources. They must be proportionate to the risks. Duration: In principle three weeks and up to 6 months.

The way forward 1. The Control Agency Created in 2005 and to be located in Vigo. Objective: Organise operational coordination of fisheries control and inspection activities by the MS and to assist them to cooperate so as to comply with the rules of the Common Fisheries Policy in order to ensure its effective and uniform application.

The way forward 2. The use of technology: ERS and VMS VMS Provides reports at regular intervals on the location of a vessel providing information on its speed and course. Vessels > 18 m.: 1.1.2004 Vessels > 15 m.: 1.1.2005

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

THE EXTERNAL DIMENSION PROCEDURE TO NEGOTIATE AGREEMENTS 1. OUTSET The European Commission requests a mandate to the Council which sets out the guidelines The Commission negotiates on behalf of the EC.

THE EXTERNAL DIMENSION PROCEDURE TO NEGOTIATE AGREEMENTS 2. END OF THE DISCUSSIONS: INITIALING 3. SIGNATURE OF THE AGREEMENT AND PROVISIONAL APPLICATION 4. CONCLUSION OF THE AGREEMENT AND ENTRY INTO FORCE 2. If the parties have reached an agreement on the text of the convention, it takes place the initialing. The initialing does not produce legal effects per se apart from the fact that is the procedure whereby the text of the agreement is established as authentic and definitive. In other words, no party can unilaterally change its provisions. Furthermore, by initialing the text of the agreement the parties agree to present such text to the signature of the respective authorities of both parties. 3. The text of the EC Treaty is clear at this respect (Article 300(2)). It is the Council who signs the agreement on the basis of a proposal from the Commission. That means that the text has to be translated into all languages. The signing may be accompanied by a decision on the provisional application before the entry into force of the agreement. 4. The conclusion of the agreement is to be decided by the Council acting on a proposal from the Commission, after consulting the European Parliament. The entry into force will take place then in accordance with the respective provision in the agreement.

BILATERAL AGREEMENTS Non-reciprocal access: The surplus. USA, CANADA: fish and chips. Greenland: payment of financial compensation and the admission of fishery exports from Greenland free of customs duties. Developing countries: Obligation to land, at least a part of their catches, in the ports of the third countries concerned and employ as crew fishermen from those countries.

BILATERAL AGREEMENTS Reciprocal access: Norway, Iceland, Faroes, Russian Federation Vessels are required to carry a licence and are subject to the fisheries jurisdiction of the other party when fishing in its waters. Foreign vessels must comply with conservation and control measures in other party waters.

REGIONAL ORGANISATIONS Objectives: Regulate fisheries Cooperate with coastal states on the management of the stocks which migrate between the coastal state EEZ and the area beyond.

REGIONAL ORGANISATIONS Obligations of MS within the framework of those conventions: Kramer case. MS can not only not to enter into any commitments which could hinder the Community in carrying out its tasks but also to proceed by common action within the Fisheries Commission.

REGIONAL ORGANISATIONS Shared stocks: Main issues: 1. Identifying joint stocks 2. Agreeing on conservation measures 3. Allocating catches In case of no agreement, each party sets autonomous TACs. Implementation of fishery measures adopted by the Commissions is not automatic; it requires EC Regulations.

DECISION MAKING-PROCESS PROCEDURE TO ADOPT THE ANNUAL TAC & QUOTAS REGULATION

How to improve the procedure? RACs Objective: advise the COM on matters of fisheries management in certain sea areas or fishing zones. They may be consulted on respect of measures to be adopted on the basis of Article 31 of the EC Treaty. May submit recommendations or suggestions Inform the Com about problems concerning the implementation of Community rules

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

THE MEDITERRANEAN Most fisheries take place in the coastal band and involve a high number of small vessels. Most Member States have not extended their exclusive fisheries limits beyond territorial waters. The EC is member of the General Fisheries Commission for the Mediterranean and the International Commission for the the conservation of Atlantic Tuna.

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

THE FUTURE How to achieve it? 1. Reduce the proportion of fish captured 2. Decide on the annual rate to achieve the objective 3. Decisions to be implemented through long term plans 4. Periodic review Two economic strategies to be taken at national level: A) Economic efficiency: Reduction of fishing capacity B) Limit the vessel's capacity to catch fish or days at sea. First measure to be applied with effect on 2007: management measures should not increase the fishing rate for any stock that is already overfished.