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Europaudvalget 2000-01
EUU Alm.del Bilag 991
Offentligt

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20.3.2001

COM(2001) 135 final

GREEN PAPER

ON THE FUTURE OF THE COMMON FISHERIES POLICY

(Presented by the Commission)

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TABLE OF CONTENTS

3.1.

3.1.1.

3.1.2.

3.2.

3.3.

3.4.

3.5.

3.6.

3.7.

3.8.

3.9.

3.10.

5.1.

5.1.1.

5.1.2.

5.1.3.

5.1.4.

The need for reform of the Common Fisheries Policy .......................................... 4

The basic principles of a Common Fisheries Policy .............................................. 5

Where are we and what will happen without change ?......................................... 6

Conservation policy.................................................................................................. 6

The current state of the main fish stocks ................................................................... 6

The causes of current management deficiencies........................................................ 8

The environmental dimension ................................................................................... 9

Fleet policy............................................................................................................. 10

Decision-making process and stakeholders' involvement ........................................ 11

Monitoring and control .......................................................................................... 12

The economic and social dimension........................................................................ 13

Aquaculture............................................................................................................ 16

The processing industry.......................................................................................... 16

The international dimension of the CFP ................................................................. 17

Mediterranean fisheries.......................................................................................... 19

A set of clearer objectives for the future.............................................................. 20

The future CFP: options and preferences ........................................................... 21

Strengthening and improving conservation policy................................................... 21

Multi-annual, multi-species and ecosystem-oriented management .......................... 22

Technical measures ................................................................................................ 22

Monitoring and assessment of the conservation and management framework ......... 23

Access to waters and resources............................................................................... 23

5.1.4.1. Relative stability..................................................................................................... 23

5.1.4.2. The 6-to-12-mile zone ............................................................................................ 24

5.1.4.3. The Shetland Box and access to the North Sea........................................................ 24

5.2.

5.3.

5.4.

Promoting the environmental dimension of the CFP............................................... 24

Promoting animal and public health and safety in the fisheries sector to ensure

consumer protection ............................................................................................... 25

Fleet policy............................................................................................................. 26

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5.5.

5.5.1.

5.5.2.

5.5.3.

5.5.4.

5.6.

5.7.

5.7.1.

5.7.2.

5.7.3.

5.7.4.

5.8.

5.8.1.

5.8.2.

5.9.

5.10.

Improving Governance within the CFP................................................................... 28

Greater involvement of stakeholders....................................................................... 28

Meeting local management needs and emergency situations effectively.................. 29

Better integration of scientific advice into the decision-making process.................. 29

Integrated Coastal Zone Management (ICZM)........................................................ 30

Monitoring, control and enforcement...................................................................... 30

Strengthening the social and economic dimension of the CFP ................................ 31

A new approach to economic management ............................................................. 32

New priorities for support to aquaculture................................................................ 33

Promoting the processing industry.......................................................................... 34

Addressing other social issues ................................................................................ 34

External relations................................................................................................... 35

Multilateral co-operation ........................................................................................ 35

Bilateral co-operation ............................................................................................. 36

Mediterranean fisheries.......................................................................................... 38

Research and scientific advice................................................................................ 40

Follow-up actions.................................................................................................. 40

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GREEN PAPER ON THE FUTURE OF THE COMMON FISHERIES POLICY

HE NEED FOR REFORM OF THE

OMMON

ISHERIES

OLICY

Almost twenty years from its inception, the Common Fisheries Policy (CFP) is

confronted with major challenges. The policy has not delivered sustainable

exploitation of fisheries resources and will need to be changed if it is to do so. Its

shortcomings can be expressed in conservation, economic and political terms.

As far as conservation is concerned, many stocks are at present outside safe

biological limits. They are too heavily exploited or have low quantities of mature fish

or both. The situation is particularly serious for demersal fish stocks such as cod,

hake and whiting. If current trends continue, many stocks will collapse. At the same

time the available fishing capacity of the Community fleets far exceeds that required

to harvest fish in a sustainable manner.

The current situation of resource depletion results, to a good extent, from setting

annual catch limits in excess of those proposed by the Commission on the basis of

scientific advice, and from fleet management plans short of those required. Poor

enforcement of decisions actually taken has also contributed to over-fishing.

The precarious situation of the fisheries sector is not specific to the Community.

There is world-wide concern for the critical state of many fish stocks and for fleet

over-capacity in the context of increasing demand for fish consumption.

The fisheries sector is characterised by economic fragility resulting from over-

investment, rapidly rising costs and a shrinking resource base: this is reflected in

poor profitability and steadily declining employment. In the future the Community

fisheries sector will have to be significantly smaller than it is today, if it is to survive.

Politically, the stakeholders do not feel sufficiently involved in the management of

the policy and many believe that there is no level-playing field in terms of

compliance and enforcement.

Apart from these internal systemic weaknesses, there are also external challenges

that make reform necessary: the forthcoming enlargement of the European Union,

the globalisation of the economy, the emergence of new players in world fisheries

reflecting the legitimate aspirations of many developing countries to expand their

own fishing industry, the increased focus on environmental and development policy

considerations in fisheries management and the growing interest of civil society in

fisheries matters are some of today's challenges to which the CFP needs to find

satisfactory answers.

The picture is not entirely negative. The CFP has yielded some positive results

during the last 20 years. It has managed, to a large extent, to contain conflicts at sea,

provide some degree of stability to the fisheries sector and, so far, avoid the total

collapse of stocks that some areas of the world have occasionally witnessed.

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However, these results have been achieved at a high price in terms of the long-term

viability of the fisheries sector. Today's situation calls for a thorough and urgent

reform of the CFP independent from the legal requirements linked to the 2002

deadline

HE BASIC PRINCIPLES OF A

OMMON

ISHERIES

OLICY

There is a large world wide consensus on the overall objective of fisheries policy as

defined in the FAO Code of Conduct for Responsible Fisheries: a responsible

fisheries policy has to ensure effective conservation, management and development

of living aquatic resources with due respect for the eco-system and bio-diversity in

order to provide, both for present and future generations, a vital source of food,

employment, recreation, trade and economic well-being for people.

Although there is no specific fisheries chapter, the Treaty establishing the European

Community ("the Treaty") assigns to the CFP the same general objectives as the

Common Agricultural Policy (CAP) (Article 33):

•

to increase productivity by promoting technical progress and by ensuring the

rational development of production and the optimum utilisation of the factors of

production, in particular labour;

•

to ensure a fair standard of living for the (fishing) community, in particular by

increasing individual earnings;

•

to stabilise markets;

•

to assure the availability of supplies;

•

to ensure that supplies reach consumers at reasonable prices

•

to ensure the principle of non-discrimination (Article 34).

Article 6 of the Treaty stipulates that environmental protection requirements must be

integrated into Community policies, in particular with a view to promoting

sustainable development. Moreover, Article 174 requires, inter-alia, that Community

policy on the environment shall be based on the precautionary principle.

The CFP has also to take into account consumer protection requirements

(Article 153) and the objectives of economic and social cohesion (Article 159).

Finally, the CFP has also to take into account the objectives set by the Treaty in the

sphere of development co-operation (Articles 177 and 178).

Article 2 of Council Regulation No 3760/92 (OJ L 389/1, 31.12.92) stipulates that as

exploitation activities are concerned the general objectives of the CFP shall be to

protect and conserve available and accessible living marine aquatic resources, and to

The 2002 deadline marks the expiry/renewal of three components in the legislation currently in force,

i.e. the rules of access to the 6-12-mile limit, to the Shetland Box and to the North Sea. (Article 14(2) of

Council Regulation No 3760/92 and Acts of Accession of 1985 and 1994).

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provide for rational and responsible exploitation on a sustainable basis, in

appropriate economic and social conditions for the sector, taking account of its

implication for the marine ecosystem, and in particular taking account of the needs of

both producers and consumers.

The CFP is confronted with a number of objectives and legal requirements which

sometimes may seem contradictory or incompatible, in particular, in the short-term.

As it stands today, the CFP aims at:

– ensuring the conservation of increasingly fragile fish stocks while promoting the

continuation of fishing activities;

– modernising the means of production while limiting fishing effort;

– ensuring the proper implementation of conservation measures while Member

States retain responsibility in the field of monitoring and sanctions;

– maintaining employment while reducing fleet capacity;

– ensuring a decent income for fishermen even though the Community's own supply

of fish products is declining and the EU market depends more heavily on imports

each year; and

– acquiring fishing rights in the waters of third countries without threatening the

sustainable exploitation of fisheries.

It is now time to think more clearly about the objectives of the CFP and to prioritise

them.

3.1.

HERE ARE WE AND WHAT WILL HAPPEN WITHOUT CHANGE

Conservation policy

•

From a biological point of view, the sustainability of a high number of stocks

will be threatened if the current levels of exploitation are maintained and, at

present, this risk is highest for demersal round fish stocks. Improvement in the

state of many stocks is urgent.

•

The CFP has not made use of all the available tools foreseen by Regulation

3760/92. There has been limited progress in adopting multi-annual approaches

and effort management has yielded poor results.

•

Council has fixed some TACs systematically at levels higher than those

proposed by the Commission on the basis of the indications of scientific

advice; over-fishing, discards and fleet over-capacity have also contributed to

the current problems.

•

There are significant gaps and weaknesses in scientific advice and information.

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3.1.1.

The current state of the main fish stocks

The quantities of mature demersal fish in the sea as assessed by the International

Council for the Exploration of the Seas (ICES) have, in many cases, declined

significantly over the last 25 years. On average, these quantities were about 90 %

greater in the early 1970's than in the late 1990's. The general decline in landings is

similar. For some stocks such as cod even more drastic reductions in mature fish

have occurred. The biomass of pelagic and industrial species increased by, on

average, 20% since the late 1970's and mid 1980's at least in part following the

recovery of herring from the low levels of the late 1970's.

The overall trend is of an increased proportion of the stocks being taken each year

(increased fishing mortality rate) which has led to the erosion of the quantities of

mature fish. In recent years, for many stocks quantities of mature fish in the sea have

been below or very close to the minimum levels required to provide high probability

of sustainability (precautionary levels of stock biomass), whereas historically they

tended to be above such levels. Similarly, many stocks have been subject to a level of

fishing mortality rate in excess of precautionary levels whereas, historically, the

fishing mortality rate was less than the precautionary level.

From a biological point of view, the sustainability of a high number of stocks will be

threatened if the current levels of exploitation are maintained and, at present, this risk

is highest for demersal round fish stocks which are of high commercial value. Recent

scientific advice has indicated the very poor state of cod stocks in the North Sea, to

the West of Scotland and in the Irish Sea and for the northern hake stock which

inhabits the geographical area from the Skagerrak to the Bay of Biscay. In all cases,

fishing mortality rates are currently at or close to historical maxima and the

quantities of mature fish are at or close to historical minima. In addition, recent year

classes have tended to be of low abundance. Specific rebuilding plans are required

for these stocks. A start was made for cod in the Irish Sea in 2000, similar measures

have been taken this year for North Sea cod and others are in preparation for cod

stocks in the West of Scotland.

The situation is better for pelagic stocks. Stocks of small pelagic species (herring,

sprat, mackerel, horse mackerel, anchovy, sardine) and species which support

industrial fisheries (Norway pout, sandeels) have generally not deteriorated over the

last twenty years and especially not over the last ten years. It was possible to

implement effective rebuilding measures for the North Sea herring rapidly in 1996

and 1997, whereas this fishery had to be completely closed in the late 1970's because

catch limitations had not been adopted early enough. As far as bluefin tuna is

concerned, the stock is subject since 1994 to catch limitations agreed in the

International Commission for the Conservation of Atlantic Tunas (ICCAT). Despite

these limitations, ICCAT's scientific committee considers that the stock is clearly

over-exploited and that in order to stop the decline of the biomass, a reduction of

25% in fishing mortality would be necessary.

In the case of benthic resources (Norway lobster, flatfish) a general economic

overexploitation pattern can be observed but at the biological level the situation

cannot be considered as systematically serious. Within this group of resources,

fishing of the most important stocks (sole, plaice, Norway lobster, megrim,

monkfish) could be maintained with reduced fishing effort and therefore with lower

production costs. Finally, there are also resources such as skates and rays, and the

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minor flatfish species (including turbot, brill, lemon sole, witches, dabs) that are not

subject to detailed scientific follow-up but which may also be overexploited.

The situation varies from one zone to another, especially in terms of apparent

evolution of fishing mortality in the mid-to long-term. In the Baltic, the current

situation does not seem to be sustainable. In the North Sea, it has not been possible to

reverse the decline of round fish stocks nor to ensure in the case of sole and plaice a

security margin in accordance with the precautionary principle which would have

also improved the economic situation for these fisheries. In Western waters, fishing

mortality rates have been increasing catching up with and often exceeding historical

levels observed in the North Sea. In the Mediterranean, the available scientific data

are less complete but there is a large consensus that many important stocks are being

over-fished.

To sum up, many stocks are at present outside or almost outside safe biological

limits. They are too heavily exploited or have low quantities of mature fish or both.

At present, the situation for most stocks is not catastrophic. If current trends

continue, however, many stocks will collapse. Improvement in the state of many fish

stocks is urgent.

3.1.2.

The causes of current management deficiencies

To control exploitation rates of fish stocks, the CFP has almost exclusively used

upper limits on the quantities of fish which may be caught in a year (Total Allowable

Catches or TACs and associated national quotas) and establishment of measures such

as mesh sizes, closed areas, closed seasons (technical measures). Attempts in the past

to combine such measures (to control output from fisheries) with measures to control

fishing effort (input to fisheries) have been largely unsuccessful. It has not been

possible to take advantage of all tools available in Regulation 3760/92. There was

limited progress in adopting multi-annual approaches and fishing effort management

yielded poor results.

Difficulties with TACs are due to the Council's systematic fixing, in some cases, at

levels higher than indicated in the scientific advice, over-fishing, discards and illegal

or black landings and to the over-capacity of the fleet. Moreover TACs can only play

a limited role in the management of fisheries in which many species of fish are taken

simultaneously by each operation of the fishing gear (the mixed or multi-species

fisheries).

It is still too early to judge the effectiveness of the new technical measures

Regulation in force since the beginning of 2000. But this set of measures can only

partially remedy the current problems. For many stocks, the authorised mesh-sizes

remain too small for the effective protection of juveniles. Control of mesh-sizes

remains difficult especially when more than one mesh size can be used during the

same fishing trip. Compliance with technical measures also remains problematic

because of the complexity of the regulations and their geographic disparities. The use

of selective techniques is far from having fully achieved its potential. It has also not

been possible to sufficiently involve fishermen to guarantee their support and

contribution of their expertise.

The protection of small juveniles is particularly difficult to put into practice. The

situation has deteriorated to such an extent that larger fish have become rare and the

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economic benefit from fishing depends on catching small fish, even if they are

subject to protective measures. The failure to implement several technical measures

in the Mediterranean illustrates this point.

There are also weaknesses in scientific advice and information. The number of

competent fishery scientists and economists in Member States is limited. The fishery

scientists are often, but inevitably, too involved in the year-to-year routine of

providing advice on TAC's and quotas to allow time for innovative thought and

investigation of alternative possibilities for management measures. The economists

suffer from the fact that no international organisation exists through which their work

can be co-ordinated and developed. Data are not complete for all areas and domains.

Overall there is a lack of analysis of economic aspects , multi-species fisheries, and

the inter-relationship between fishing effort and fishing mortality rate and hence

appropriate level of TAC.

3.2.

The environmental dimension

•

The CFP should do much more to integrate the environmental dimension into

policy-making in a proactive manner.

•

There is a lack or insufficiency of knowledge about the functioning of marine

ecosystems and the side-effects of fishing which exacerbates the

environmental shortcomings of the CFP.

•

Pollution from industrial or other human activities has a negative impact on

fish quality and fish availability and on the ecosystems. Appropriate measures

need to be taken to counteract such negative effects.

All fishing activities have an impact on the ecosystem but the severity of this impact

and the time required to reverse its effects are often not known. There is increasing

concern over degradation of habitats as a result of fishing activities. Removals of

individuals from natural populations may also have consequences on biodiversity

and/or the effective functioning of ecosystems, whether such removals are at a level

which threatens species with extinction or local disappearance.

A reasonable balance has to be struck between environmental and fisheries interests.

On the one hand the very nature of fishing means that in order to keep the mortality

of species of no commercial interest within tolerable limits, some forms of fishing

should be subject to restrictions. On the other hand, the sustainability of the fishing

sector is dependent on a well-functioning ecosystem and the species within it.

The CFP has still much to do to integrate the environmental dimension into policy-

making. The over-capacity in EU fleets has resulted in overexploitation of target

stocks and excessive pressure on non –target species and on habitats. The CFP has

not managed to sufficiently integrate the environmental problems into all

management considerations in a proactive manner. The problem has been

exacerbated by a lack or insufficiency of knowledge about the functioning of marine

ecosystems and the side-effects of fishing.

But to be fair it is important to underline that many problems in the marine

environment are not due to fishing activities only and that fishing has suffered from

environmental damage. Pollution has a negative impact on the quality of fish which

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reaches the consumer. Pollution from industrial and other human activities and

climate change have also contributed to stock decline or lack of fish in some areas.

Measures to counteract the effects of these factors on stocks are urgently needed

otherwise conservation and management policy for the fishery resources will be

constantly undermined.

It is also important to recall that in many areas environmental problems may be the

result of the combined impacts of fisheries and another activity. For instance, the

joint impact of tourism and fisheries may degrade habitats which would not have

been damaged by only one of these activities. This implies the need to ensure that

fishing activity and other activities, especially close to the shore, are managed in a

coherent manner. The process of Integrated Coastal Zone Management (ICZM)

provides a set of tools to ensure the necessary policy co-ordination.

There are, however, examples where progress has been achieved and action is in

hand to improve the situation, such as the restriction on the North Sea sandeel

fisheries to safeguard seabirds and the drift net ban which can contribute to the

protection of sea mammals. The Community has begun to implement medium-term

strategies in accordance with the precautionary principle.

The Commission is in the process of integrating environmental concerns into the

CFP, as for other policy sectors, in accordance with the mandate of Article 6 of the

Treaty. The forthcoming Communication "Elements of a strategy for the integration

of environmental protection requirements into the Common Fisheries Policy"

indicates specific objectives and means to accomplish that mandate. Essential

elements of the suggested strategy are i) the adoption of an ecosystem-based

approach to fisheries management, ii) the embracing of the environmental principles

of Article 174 of the Treaty, and iii) the implementation of the forthcoming

"Biodiversity Action Plan for Fisheries" and other specific initiatives, some of which

were described in the Communication "Fisheries management and Nature

Conservation in the marine environment" (COM(1999)363).

3.3.

Fleet policy

•

The current fleet is much too large. Technological progress is increasing the

efficiency of fishing vessels and it undermines the efforts of capacity

reduction programmes.

•

The Multi-Annual Guidance Programmes (MAGPs) were set by the Council at

levels that were not ambitious enough to address the problem of excess

capacity effectively and have often not been enforced. They were also

complex to administer.

•

Subsidies for construction/modernisation and running costs may have

aggravated the current situation.

Fishing capacity is currently defined in terms of tonnage and engine power, but there

are many other factors that determine the fishing mortality generated by the fleet.

Advances in technology and design mean that new vessels exert much more fishing

effort than old vessels of equivalent tonnage and power. What is clear, in any event,

is that the fleet is currently much too large. The "Gulland" report produced in 1990

and the "Lassen" report produced in 1995, suggested that the necessary reductions of

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fishing mortality for the prudent management of stocks should be about 40% and in

many cases much higher.

The problem of excess capacity has been addressed by multi-annual guidance

programmes (MAGPs). MAGP III (1992 to 1996) was relatively efficient and the

reduction actually achieved over this period was approximately 15% in tonnage and

10% in power. It has to be recognised, however, that the efficiency of fishing vessels

is increasing every year due to technological progress. Advances in vessel gear and

design, fish finding equipment and telecommunications all contribute to this.

Contrary to the Commission's proposal, the current programme, the MAGP IV (1997

– 2001), is much weaker, calling for reductions in the Community fleet of just 3% in

capacity and 2% in activity over its 5 year period of application. Indeed, so weak are

these objectives that the Community fleet as a whole had already met the final

capacity objectives for 2001 when the MAGP IV was adopted in 1997. In addition,

the introduction of combined activity and capacity reductions make the MAGP IV

very complex and costly to administer, both for Member States and for the

Commission.

Aid policy has also often undermined the objectives pursued by the fleet policy.

Subsidies for construction, modernisation and running costs may have aggravated the

current situation since they have not been accompanied by a sufficient decrease in

capacity.

Continuation of the current system would not only be unable to cut the excessive

capacity of the fleet but would lead to an increased fishing effort in a situation where

the state of the stocks cannot even support the present effort.

3.4.

Decision-making process and stakeholders' involvement

•

The current framework is not well suited for responding quickly to local and

emergency circumstances.

•

Stakeholders do not feel sufficiently involved in some important aspects of the

policy.

Taking decisions at the Community level is not well suited for responding quickly to

local and emergency circumstances affecting one or more Member States and

involving measures such as the real-time short-term closure of a fishing area, in cases

where a decision needs to be taken within hours to avoid irreparable damage on

stocks. It might, therefore, be necessary to adjust the legal framework to permit such

action by one or more Member States.

It is has been clear from the application of the CFP so far and from the regional

consultations on the 2002 review that the stakeholders do not feel sufficiently

involved in some important aspects of the Policy, such as, for example, the

elaboration of scientific advice and the adoption of technical measures. Many

fishermen, in particular, believe that their views and knowledge are not sufficiently

taken into account by managers and scientists. This lack of involvement undermines

support for the conservation measures adopted. The interested parties do not consider

satisfactory the existing consultation arrangements, such as the Advisory Committee

on Fisheries and Aquaculture, which are designed to take into account the full range

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of views of the fisheries sector and other stakeholders. The regional workshops that

have been recently organised by the Commission to address specific management

problems have been considered as a move to the right direction but it is clear that the

stakeholders request more than that.

Various proposals have already been put on the table to rectify the lack of adequate

involvement of the full range of stakeholders. These include a system of

decentralised regional or zonal management, a system of regional advisory

committees providing advice to the Commission and a system of Community

individual fishing rights administered through a centralised Community management

framework with adequate involvement of scientists and industry.

In any case, more political determination is needed to face the problems and take the

corresponding decisions. But some procedural changes are also needed. Continuation

of the existing procedures would without doubt lead to further mistrust and

scepticism. The reform of the CFP can only succeed if fishermen consider that

fisheries policy takes into account their interests views and experience.

3.5.

Monitoring and control

•

The current arrangements are insufficient and cannot ensure a level-playing

field across the Union.

•

The organisation of monitoring and control is fragmented. Better co-ordination

and optimal use of monitoring and inspection resources are needed.

•

A satisfactory follow-up of infringements has not been achieved.

Monitoring and control activities to enforce the CFP are widely seen as insufficient

and discriminatory. In almost all Member States, fishermen are calling for a more

centralised and harmonised control system at Community level which, they believe,

would provide more efficient action and equal treatment throughout the Community.

Although the latest amendments to the "Control" Regulation No 2847/93 (OJ L 261,

20.10.93) went in the right direction, proposals to strengthen Community rules and to

increase the powers of Community inspectors did not obtain agreement from the

Member States. The absence of harmonisation of sanctions and the limited powers of

Community inspectors (in particular due to the fact that they are not allowed to

conduct independent inspections) are major obstacles to effective action at

Community level.

A satisfactory follow-up of infringements has not been achieved. Heterogeneous

legal systems often result in different treatment of infringements from one Member

State to another with respect both to the follow-up of an individual case and to the

imposition of sanctions. Moreover, the Commission has not been able to pursue

Member States' infringements adequately due to the legal limitations of the current

system.

At present, the organisation of control and monitoring is fragmented. The use of

inspection and monitoring resources is far from optimal. The Commission has not

been granted either the human resources or the powers to enable it effectively to

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execute the task assigned to it. The situation in the Member States is not satisfactory

either.

It has also not been possible to adopt a Community position on control of fishing

activities in the framework of regional fisheries organisations (RFOs). There is a

need to define the respective responsibilities of the Commission and the Member

States with the latter assuming the central role in the implementation of monitoring

arrangements adopted and applied by RFOs. The lack of a clear Community strategy

on control and monitoring of fishing activities in international waters jeopardises

efforts to meet the Community's international obligations and to ensure the

continuation of the Community fleet's presence in those waters.

The CFP reform offers the opportunity to reopen the debate on the improvement of

control arrangements and to explore new options for more effective penalties. If this

opportunity is missed the CFP will suffer a fatal blow to its credibility.

3.6.

The economic and social dimension

•

The CFP has a significant economic dimension. 1.1 billion of public money

(Community and national) is injected into the fisheries sector each year.

•

Over-capacity has negative economic effects on the profitability of the fleet.

Improvement of the economic and financial performance of the fleet requires a

reduction of the overall level of the capital employed.

•

There is a steady decline of fisheries employment.

•

If current policies and approaches are not changed the European fishing sector

will become less and less sustainable and economically viable.

Reference is made in Regulation No 3760/92 to the long-term development of the

sector, the particular needs of regions where local populations are especially

dependent on fisheries and related activities and the economic and social

consequences of restructuring. The economic and social impact of the CFP, however,

has been neglected.

The CFP has a significant economic impact. The common market organisation and

the common commercial policy offer price support and tariff protection to the

Community producer. The Community, through the Financial Instrument for

Fisheries Guidance (FIFG), intervenes significantly in the fisheries sector, financing

investment in both fishing vessels and onshore installations for processing and

aquaculture. It also finances the costs of fishing under external Fisheries Agreements.

Finally, some state aids falling outside the FIFG are also provided to the sector. The

combined effect of these policies at Community and national level leads to the

injection of about 1,1 billion of public money into the fisheries sector each year,

which represents a significant proportion of the value of the total Community

production (about 7 billion for fishing landings and 2 billion for aquaculture).

The problems arising within the fisheries sector itself have consequences for

fisheries-dependent areas. The long-term development of the sector, the particular

needs of regions where local populations are especially dependent on fisheries and

related activities and the economic and social consequences of restructuring are

€

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referred to in Regulation N° 3760/92. In addition, under the Structural Funds, the

European Union’s less prosperous coastal areas and islands are eligible for major

programmes of support under Objective 1 (regions where development is lagging

behind) during the period up to 2006. These programmes cover the major part of the

coastal areas and islands belonging to four countries: Portugal, Spain, Italy and

Greece. Other areas are supported under Objective 2 (areas undergoing restructuring)

which targets, among others, fisheries-dependent areas in difficulty. Under this

heading, areas in five Member States containing 1 million of population are eligible

for Objective 2 support. A special common programme, PESCA, was also introduced

in the previous planning period, 1994-99, to help the adaptation of fishermen to the

changes affecting the sector and to prepare them for alternative activities.

Despite the importance of Community economic involvement in fishing, however,

the definition of an economic or "industrial" strategy for the fishing industry has

remained the responsibility of the Member States, which pursue very different and

sometimes conflicting objectives in this area (in contrast to other sectors where the

Community has followed a policy of structural adjustment). In order to improve the

effectiveness of Community intervention there is a pressing need for greater

clarification of policy objectives.

Given the heterogeneity of the fishing sector it is difficult to provide a single

diagnosis of its economic and financial performance and of the conditions for its

viability in the short and long term. However, the financial returns of large-scale

fishing - data on small-scale fisheries are scarce - are often modest and fluctuate

greatly from year to year, placing the sector in a permanently unstable situation. In a

number of cases, profit margins frequently do not make it possible to cover costs and

capital depreciation. After several years of substantial deficit, there was some

improvement in the mid-1990's. This improvement was not the result of any

fundamental change in conditions but rather of an increase in the value of landings

and a reduction, in real terms, of the cost of fuel (which has now been sharply

reversed). In other words, financial improvement has been the result of cyclical

rather than structural factors.

The close correlation between turnover and the capacity of fishing enterprises to

make a profit is an indicator of the critical importance for profitability of the balance

between the number and capacity of vessels, on the one hand, and available fishery

resources, on the other. Where there is excess capacity, a more-or-less constant value

of landings has to be shared between a larger number of players. Over-capacity has a

number of negative economic effects. It reduces the capacity of each vessel to earn

an adequate income. The profitability of the fleet is jeopardised by the under-

utilisation of investments; at the same time, the absence of sufficient return on capital

delays modernisation and further weakens competitiveness. Improvement of the

economic and financial performance of the Community fishing fleet therefore

requires first-and-foremost a reduction in the overall level of capital employed.

Today's subsidies to investment in the fishing industry and certain taxation measures,

such as tax-free fuel, do not contribute to this objective. By artificially reducing the

costs and risks of investment in an already over-capitalised industry, they promote

over-supply of capital. Each newly-subsidised vessel reduces the productivity and

profitability of every other vessel in the fishery concerned. Such a policy also has an

adverse effect on competition, as subsidised and unsubsidised vessels share the same

fishing grounds and market. And the high costs to vessel-owners of repayments on

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capital investment reduce their ability to reward their labour-force better (or to

expand it). As a consequence, the sector has attracted more resources than would

have otherwise been the case and has thus imposed a cost on the rest of the economy

as resources utilised could be more profitably exploited elsewhere.

The fisheries sector is steadily shrinking. Over the period 1990 to 1997, employment

has decreased in catching (-19%) and processing (-10%) and increased in aquaculture

(+22%); total employment in these areas shows a decrease of 13% (i.e. a loss of

60.000 jobs). This loss of employment is very different among the countries and

regions (with, for example, Greece showing a global increase and Denmark showing

a sharper decrease in all the sectors).

Over the same period, the dependence of the Community on fisheries showed some

changes. Although the vast majority of the areas dependent on fisheries in 1990 were

still dependent in 1997, the map of fisheries dependent regions strongly evolved.

There was a sharp fall in the degree of dependence of the most dependent areas,

particularly in Spain, but at the same time there has been an increase of dependence

in regions of Greece. A decrease in dependence on the catches/landings was, in some

areas, compensated by an increase in employment in aquaculture. A tendency

towards increased dependence can be observed in some Objective 1 areas suffering

from low economic development and from the scarcity of alternative activities.

The general picture is characterised by a steady decline of fisheries employment. The

form of aid most favoured by the Community, i.e. aid for capital investment, may

have intensified the problem of over-capacity, low profitability and replacement of

labour by capital in the catching sector. It may also have tended to increase fisheries-

dependency, by giving more favourable treatment to the fisheries sector than to

sectors which might provide alternative employment to those leaving the fisheries

sector. A notable exception was the PESCA programme, in which the Community

actively sought to promote the adaptation of fishermen to alternative economic

activities; this programme was modest compared to other aids, however, and the

innovative elements were not sufficiently used.

A policy of trying to save jobs in fisheries-dependent regions by granting aid to the

fisheries sector may be self-defeating. Such a policy has not prevented the steady

shrinkage of EU fisheries employment at the rate of which has averaged 2 per cent

per annum in the catching sector, driven by scarcity of fisheries resources and

technological progress which has dramatically increased labour productivity. The

attraction of safer and better-paid jobs in other sectors has meant that in many areas it

is increasingly difficult to find crews for fishing vessels, in particular for distant-

water fishing fleets.

The economic policies so far pursued in the fisheries sector at Community or

national level leave much to be desired. If current policies and approaches are not

changed the European fishing sector will become less and less sustainable and

economically viable and its competitiveness even in its own market will be

threatened. Moreover, an overcapitalised and oversized fleet will jeopardise the

sustainability of fishery resources without solving the problem of employment in

regions in which fishing is economically important. It is imperative therefore that the

Community explores a new approach to economic management of the fisheries

sector.

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A sustainable management of fisheries which restores fish stocks' productivity will

offer improved economic and social returns to both the industry and society as a

whole. In the long run, increased fish stocks will translate into higher catch per unit

of effort and increased profitability for the fishery possibly attracting new entrants.

Low stock levels have the opposite effect, leading to revenues that are too low to

cover total costs and to capital and labour exit. Even in the short to medium-term, a

reduction in capital and labour inputs will have a positive impact on net income for

those continuing to be employed since remaining vessels will be able to harvest more

fish at roughly the same operating costs.

3.7.

Aquaculture

•

Aquaculture contributes substantially to the supply of fish products and

provides alternative employment in many fisheries dependent regions.

•

European aquaculture needs to confront effectively the challenges arising from

environmental and health protection requirements.

Aquaculture development has contributed to the supply of fish products without

increasing pressure on wild stocks. It has also provided alternative employment in

many fisheries dependent regions.

Aquaculture has played a significant role in the improvement of the socio-economic

situation of coastal communities. Nonetheless, while the overall framework shows a

positive development, Community aquaculture still experiences a number of

problems. In particular, as aquaculture expands, it is increasingly seen as a threat to

other activities. The tourism industry is especially critical of aquaculture, which is

blamed for occupying space that could be used for recreation, as well as for

producing waste materials that affect the quality of nearby bathing water. In order to

ensure a stable future for aquaculture, it is important to address these conflicts with

other users of the coastal zones.

Competition from international trade has also affected Community aquaculture

during the last decade. The ex-farm value per kilo of all fish farmed products was

reduced encouraging increased productivity and generating innovative approaches in

marketing.

Some of the legislation introduced over the last decade, in particular on

environmental or health protection requirements, increased production costs leaving

less money for marketing and promotion.

With regard to aquaculture, the Community policy is expressed primarily through its

principal financial instrument, the Financial Instrument for Fisheries Guidance

(FIFG), which intervenes everywhere but with preferential aid rates in Objective 1

areas. If this fund is undeniably a powerful European integration tool, the fact

remains that the FIFG has until now provided support mainly by capital grants for

the productive investments of companies.

3.8.

The processing industry

•

The European processing industry is made of mainly small and medium

enterprises coping with insufficient and irregular and non-competitive

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supplies, health and hygiene requirements, competition from third countries

and the appearance of major retail companies which set prices at lower levels.

•

Significant Community structural aid has been given to the sector.

There are some 2000 processing enterprises in this industry. These are mainly Small

or Medium Enterprises (SMEs) which have had to cope with a number of problems:

insufficient, irregular and non-competitive supplies, combined with difficulties due

to outdated production equipment, partial conformity with health and hygiene

requirements, major competition from third countries products and the appearance of

the major retail companies which set prices at lower levels.

Supplies are a major problem, since the EU has a deficit in fishery products and

diminishing Community resources make the situation worse. The Community

industry is able to import fish at a reduced duty rate in order to be competitive.

Imports primarily involve semi-processed and frozen products that the Community

firms in turn process, adding value to these products.

In response to the problems the industry experienced in recent years, there was an

important restructuring movement which gave rise to a concentration process with

the emergence of major companies (often integrated into agri-feedstuff, financial or

major distribution groups), having, at least, a national, or even European dimension,

in general, producing multi-products with high-added value, or of major vertically

integrated companies which developed around the principle of privileged access to

raw material. These conglomerates have become major actors in the sector.

Between 1986 and 1999 Community aid policy to the processing industry evolved

from an accompanying policy to development and modernisation of the sector, to a

policy of restructuring and encouragement for the adoption of production techniques

allowing for an overall improvement of competitiveness.

3.9.

The international dimension of the CFP

•

The current policy needs to adapt to changing circumstances and new

challenges such as the emergence of new players, the legitimate aspirations of

many developing States to develop their fishing industry and the requirements

of sustainable development and responsible fisheries.

The Community has one of the largest fishing fleets in the world and although most

of it operates within Community waters, a significant part of the Community fishing

sector depends on access to non-Community resources, i.e. those which are shared

with third countries, those in the waters under the jurisdiction of more distant coastal

States or those in international waters. In all these cases, the definition of the

conditions of access has to be agreed between the Community and one or more

coastal or flag States.

Technical progress, the emergence of new fishing powers, the increasing number of

flag of convenience vessels not respecting the international rules and the aspirations

of newcomers to develop their fisheries sectors are changing the conditions of

competition beyond the traditional conflicts which characterise the world of fisheries

(gear conflicts, competition between small-scale and large-scale fisheries, etc.).

Moreover, the European distant water fleets are becoming less and less competitive

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vis-à-vis the fleets of the new emerging fishing nations which are operating at lower

costs.

The future of the fisheries bilateral relations of the EC is uncertain. Many States are

trying to enhance their ability to develop their own fisheries and even to participate

in high seas fisheries. To that end there is an increasing need for co-operation in

areas such as financial assistance, assistance related to human resources

development, technical assistance, transfer of technology, advisory and consultative

services, training and capacity to better manage their resources.

Many third countries where European fleets used to fish are also facing the problem

of resource depletion while fish supply is crucial for their food security and

economic development. Fishing activities in waters under the jurisdiction of the

developing countries meet difficulties seriously enhanced by the economic and social

situation such as the lack of knowledge about the aquatic resource and about the

impact of fishing activities on ecosystems, the difficulty in determining the "surplus"

of resource available for foreign fleets, the instability and risks which are

contradictory with long term investment, the lack of monitoring and control of

fishing activities and the difficulties to fight piracy and illegal fishing. Moreover, in

third countries where there is a necessity to reduce fleet capacity it is inconceivable

to ask for an increase of fishing possibilities for European vessels.

The external fisheries policy, as expressed in the Community's bilateral Agreements,

faces also a number of weaknesses:

•

the Fisheries Agreements are not always flexible enough to respond quickly to

emergency circumstances such as stocks decreasing, they are not multi-species

oriented, the precautionary principle is rarely mentioned and applied;

•

the fishing possibilities offered to European vessels are not always based on the

real evolution of the resource;

•

the fishing mortality generated by the European fleet is not always known;

•

some Fisheries Agreements do not offer enough guarantees for the protection of

small-scale coastal fisheries;

•

there is a problem of coherence inside the CFP between Fisheries Agreements on

one hand and vessel transfers subsidised by FIFG on the another. Vessels owned

by companies with predominantly European financial interests are competing for

the same resource but with different rules;

By adhering to the Code of Conduct for Responsible Fisheries the Community has

accepted to co-operate with developing States and to help them develop their

fisheries sectors. The future fisheries bilateral relations of the Community need to

take account of these commitments.

The Community external fisheries policy is often attacked in international fora and

therefore there is a need to improve both its credibility and image vis-à-vis

international public opinion.

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If the current external fisheries policy is not adapted to changing circumstances and

to new challenges, the status of the Community as a major and responsible

international player will be undermined.

3.10.

Mediterranean fisheries

•

Community policy in the Mediterranean has not met expectations:

implementation of the technical measures Regulation for the Mediterranean

has not been satisfactory, data are lacking and there has been slow progress in

international co-operation.

The Mediterranean is a strategic area linking countries of very different cultural,

religious, ethnic and economic heritage and background. The CFP could play an

important political role in inter-Mediterranean co-operation based on a widespread

awareness of the importance of common resources and goals.

In contrast to structural and market policies, which have been fully implemented,

conservation and management measures have only been partially applied in the

Mediterranean. This is mainly due, amongst other things, to the specific

characteristics of the Mediterranean fisheries:

– The continental shelf is generally very narrow and most fisheries take place in

waters under the jurisdiction of the coastal States. Most States do not claim

jurisdiction beyond the 12-mile territorial sea. Vessels flying the flag of non-

Mediterranean States, conduct intensive fishing of tuna and of other valuable fish

resources in international waters;

– Mediterranean fisheries are small-scale and local fleets predominantly consist of

small fishing boats in both national and international waters. Centuries-old

traditions and institutions, such as the Prud'hommies in France and the Cofradias

in Spain, still play a significant role in Mediterranean regions;

– Fisheries and aquaculture play an important role in the economy of a number of

areas. Indeed a major part of the Community's regions dependent on fisheries are

situated in the Mediterranean.

Since the early 1990's, the Community has taken a number of initiatives to try to

improve fisheries management in the Mediterranean. These included harmonisation

of technical measures, increasing the selectivity of fishing gears (including a ban on

driftnets) and strengthening international co-operation (organisation of the Crete and

Venice Diplomatic Conferences and the Community's accession to the relevant

regional fisheries organisations, i.e. the General Fisheries Commission for the

Mediterranean (GFCM) and the International Commission for the Conservation of

Atlantic Tunas (ICCAT).

However, the results did not meet expectations: both international co-operation and

the strengthening of GFCM procedures are progressing slowly while the internal

measures suffer from lack of acceptance (and therefore compliance) by fishermen

and from poor monitoring by Member States.

The main tool for the management of resources at the Community level has been,

until now, Regulation No 1626/94 laying down certain technical measures for the

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conservation of the fishery resources in the Mediterranean (OJ L 171, 6.7.1994),

which aimed at the harmonisation of the legal provisions of the coastal Member

States. However, implementation of the Regulation has not been satisfactory.

The application and enforcement of minimum landing sizes has encountered

difficulties. The existence of a market for undersized fish, the absence of a tradition

of strong control in some areas of the Mediterranean and a widespread feeling among

fishermen that they have not been sufficiently associated with the decision-making

process have contributed to this situation. Moreover, fleets from third countries are

not subject to the same strict rules.

At the external level, there has been slow progress in multilateral co-operation. There

is a lack of effective monitoring, control and surveillance and lack of scientific

advice based on quality data. If this situation is not improved some parties may be

encouraged to take unilateral measures such as further extension or proclamation of

new fishery zones, which could create severe problems for Community fishermen

and legal complications in Community relations with third countries.

If no action is taken on the issues identified above, the situation of the stocks will

deteriorate. The lack of relevant data to support management decisions, the lack of

effective monitoring and enforcement, the absence of international co-operation with

the bordering States and the increased recourse to unilateral actions would be the

consequences of the Community's inaction.

SET OF CLEARER OBJECTIVES FOR THE FUTURE

As outlined above, many of the CFP's current problems reside in the variety and lack

of precision of its objectives. The general objectives of the CFP individually

correspond to legitimate goals but they can be attained only in the long term.

However, the transition towards long term sustainability and viability requires in the

short run corrective measures aimed at restoring fish stocks' productivity. This would

imply lower factor inputs, capital and labour. Such adjustment leading to long-term

benefits should, however, be set against the costs in both the short and long run of

pursuing the present policy.

The Commission strongly believes that the CFP should be made capable of meeting

the challenges facing it through the definition of a clear set of coherent objectives.

The reform debate should also focus on the relative weight to be given to these

objectives, and on the need for clearer political choices where objectives are

mutually incompatible.

The Commission has identified the following objectives for the future CFP. These

are :

•

to establish responsible and sustainable fisheries that ensure healthy marine

ecosystems maintaining the quality, diversity and availability of marine resources

and habitats. To that end there is an urgent need to strengthen and improve the

conservation policy in order to reverse the current negative trends of many stocks.

•

to contribute, through appropriate fisheries management action, to achieve the

environmental objectives set out in Article 174 of the Treaty. Appropriate

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measures to reduce the negative environmental impact of other human activities,

such as maritime transport, oiling and dredging should be envisaged as a

complement to fisheries policy measures.

•

to integrate health requirements into the CFP in order to protect public and animal

health and safety and to ensure the stable supply of the European market at prices

reasonable for the consumer.

•

to bring fleet capacity into line as soon as possible with the availability and

sustainability of the resources.

•

to promote better governance by putting in place more transparent, accountable

and flexible management and decision-making processes which involve

stakeholders also at the regional and local levels and ensure that emergencies and

conservation problems of a local nature are adequately addressed.

•

to ensure effective enforcement of CFP rules through transparent arrangements

which can guarantee a level playing-field across the Union.

•

to secure an economically viable and self-sufficient fisheries and aquaculture

sector which can be competitive in a globalised economy.

•

to address the problems of structural adjustment that will result from a

commitment to sustainable fisheries.

•

to promote the responsible and rational exploitation of fishery resources in

international waters and to develop partnerships with third countries in a manner

coherent with Community development policy.

•

to improve the quality and amount of relevant data to support decision-making

and to promote multidisciplinary scientific research which will allow for obtaining

timely and qualitative scientific information and advice on fisheries, associated

ecosystems and relevant environmental factors.

The launching of a public debate on the basis of this Green Paper is the first step

towards achieving these objectives.

5.1.

HE FUTURE

CFP:

OPTIONS AND PREFERENCES

Strengthening and improving conservation policy

•

Implementation of multi-annual and ecosystem-oriented management .

•

Adoption of stronger technical measures to protect juveniles and to reduce

discards including pilot projects for measures not applied until now such as

discard bans.

•

Development of a system to track progress of the CFP towards sustainable

development and the performance of the management schemes and policies

against stated objectives.

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•

Roll over of the access regime to the 6-12-limit and to the Shetland Box.

Even if there are no panaceas for the conservation problems, the current critical

situation of many stocks makes it more urgent now than ever to apply effectively the

whole panoply of available tools.

The following more specific actions should be envisaged:

5.1.1.

Multi-annual, multi-species and ecosystem-oriented management

The need to lay down multi-annual management plans that take the precautionary

principle into account is now widely accepted. The Commission presented in

December 2000 a Communication to the Council and the European Parliament on the

application of the precautionary principle and the multi-annual arrangements for

setting TACs

A multi-annual approach should help in avoiding two major disadvantages of the

annual fixing of TACs and quotas: the postponement of difficult decisions for the

future and abrupt changes in the volumes of TACs from one year to the other.

In order to implement a multi-annual approach there is a need to define for a series of

stocks multi-annual strategies which are compatible with the precautionary principle.

Such management strategies will be based on a planned development of fishing

mortalities in the mid-term (3 to 5 years).

The implementation of multi-annual frameworks could be based on existing work

undertaken for the stocks shared with Norway and the Baltic States and should

integrate the precautionary principle. Medium term environmental and ecosystem

objectives and strategies for key species and habitats could also be established

through the introduction of limits on by- and incidental catches, especially for

species listed in environmental legislation.

Mixed fisheries are prevalent in Community waters and therefore it may be

preferable to manage groups of stocks for well-defined fisheries. The setting-up of a

true effort management regime could be one of the means to approach multi-species

management. Moreover there is a need to further develop an ecosystem-oriented

approach to all areas of fishery management, from resources to consumers in order to

contribute to the achievement of a sustainable exploitation of the marine ecosystems.

In the outermost regions, the state of the resources differs from one region to the

other. This may imply the need for measures tailored to the specific situation of these

regions.

5.1.2.

Technical measures

There is a need to adopt more effective rules. The introduction and promotion of the

use of selectivity devices that reduce or eliminate by-catches of non-target species

and of fishing methods that have a reduced physical impact on the environment

should certainly contribute to improving the current situation. Technical measures

should also better take into account the environmental dimension. For example, the

COM(2000) 803 final.

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closure of a given zone and the exclusion of any fishing activity may be of limited

use in terms of fisheries management but it can ensure the protection of an

ecologically sensitive and important area for non-target species.

There is also a need to explore the usefulness of measures which have not been

applied until now, such as discard bans in some fisheries which are easy to control

and real-time closures of certain areas. Other possible solutions could also be

explored such as the consideration of a percentage of by-catch species as part of the

TACs, as is done in the Northwest Atlantic Fisheries Organisation (NAFO). Pilot

projects along these lines could be easily tried.

Recovery plans to meet urgent situations, such as the one adopted in 2000 for Irish

Sea cod, need in the future to include an important component of specific technical

measures. The notion of stock rebuilding should also be introduced. Stock rebuilding

could be gradual, over a relatively long period for stocks that are in a situation of still

bearable overexploitation. However, stock rebuilding should be much more radical

for stocks that are far outside sustainable levels.

There is a need to open a new debate on technical measures in the light of the

experience acquired through the application of existing legislation, pilot projects and

recovery plans. At the same time there is a need to involve the fishermen in the

formulation of new rules, to facilitate closer links between fishermen and scientists

and to promote further the transparency of the scientific advice.

5.1.3.

Monitoring and assessment of the conservation and management framework

There is a need to develop a system to track progress of the CFP towards sustainable

development and the performance of the management schemes and policies against

stated objectives.

Social, environmental and economic indicators, and related reference points need to

be developed that can be used to determine how well these objectives are being

pursued and whether the broader goal of sustainable development is being achieved.

Work by other international organisations such as FAO or bodies like the European

Environmental Agency could be exploited for that purpose.

5.1.4.

Access to waters and resources

5.1.4.1. Relative stability

The principle of relative stability has, since 1983, provided assurances to the

Member States with regard to the share of quotas, thus avoiding annual repetitions of

a political debate on the allocation key, which would have made the decision-making

on TACs even more complicated. The application of the so-called Hague Preferences

has allowed some degree of flexibility to meet a number of specific requests from

certain areas, although such application has not been received favourably by all

Member States and fishermen concerned.

The Commission does not for the time being see any viable alternative principle

which could achieve the same results. The consultation process showed that this view

is widely shared throughout the Community. Therefore, there would be no need for a

radical revision of the existing system.

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When the structural problems of the fisheries sector have been addressed and the

economic and social situation within the sector has become more stable, it may be

possible to reconsider the need to maintain the relative stability principle and the

possibility of allowing market forces to operate in fisheries as in the rest of the EU

economy.

5.1.4.2. The 6-to-12-mile zone

The basic objectives of the 6-to-12-mile coastal zone regime were to protect fisheries

resources by reserving access to small-scale coastal fisheries activities which in

general put less pressure on stocks in these zones which often harbour nurseries and

to protect the traditional fishing activities of coastal communities, thus helping to

maintain their economic and social fabric.

Taking into account the further decline of most fish stocks and the continuing

difficulties of fisheries-dependent regions to benefit from current economic growth,

these objectives seem to be as relevant today as they were in 1992 and are generally

supported throughout the Community.

Calls for extension of the coastal zone beyond 12 miles in some Member States have

not been supported by verifiable data.

Modification of the 6-to-12-mile regime would disrupt the long-standing balance of

the policy.

5.1.4.3. The Shetland Box and access to the North Sea

The Shetland Box was created because species in this region are biologically

sensitive by reason of their exploitation characteristics. The setting up of the Box

also played an important role in reaching acceptance of the equilibrium established

between the different fleets and fishing communities.

Developments in the stocks in this area do not allow for any increase in fishing effort

and the Commission considers that the current restrictions on fishing activities

should be maintained. Nevertheless improved scientific advice for possible

adjustments of the regime is required.

The legal restrictions of access to the North Sea waters end on 31 December 2002.

However, as all fisheries for species of commercial interest are regulated by TAC

and quota regimes, access to resources is limited to fleets which hold quotas.

Possible illegal fishing should be closely monitored.

5.2.

Promoting the environmental dimension of the CFP

•

Full implementation of the relevant environmental instruments, Action Plans

and Strategies for the protection of the Biodiversity and the integration of

environmental protection requirements into the CFP.

•

Launch of a debate on the eco-labelling of fisheries products.

There is a requirement to integrate environmental protection into the CFP. The

forthcoming Communication "Elements of a strategy for the integration of

environmental protection requirements into the CFP" describes an appropriate

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strategy to achieve this integration. Although the strategy can be implemented under

the existing CFP, without a need of reform, the Commission believes that it would be

preferable to take advantage of the current CFP review process in order to improve,

by strengthening the appropriate legal basis, the efficiency of such implementation.

The new CFP should be specifically tailored in order to gain efficiency in the

implementation of the above-mentioned strategy.

The Commission also intends to launch a debate on eco-labelling of fisheries

products in the near future. Eco-labelling schemes offer a market- and information-

based method of promoting sustainability in fisheries by presenting clearer choices to

the consumer, based on information about a product’s impact on the environment or

on the sustainability of the fisheries resource from which it is derived.

The Commission supports the objectives of eco-labelling schemes in the fishery

sector, namely to stimulate consumer awareness of the environmental dimension of

fishing and thereby to encourage environmental responsibility of both managers and

fishermen. This forms part of growing interest in making those responsible for

fishing and fisheries management more conscious of its environmental effects.

Hence, voluntary eco-labelling schemes should be encouraged and their operation in

the market facilitated, as complementary measures to legislation, which covers the

exploitation of fisheries resources and food safety. It remains the prime responsibility

of the public authorities to protect natural resources but this is not compromised by

voluntary market-led initiatives.

Eco-labelling schemes should, however, ensure objective and verifiable information

to the consumer and compliance with the claims made must be properly monitored.

There are also a number of difficulties specific to fisheries eco-labels, namely the

implications for non-certified fish which is caught in accordance with the Common

Fisheries Policy, the scientific or technical justification of the criteria used and the

identification of the certified product throughout the marketing chain.

Public authorities may need to establish a legal framework for voluntary eco-

labelling to ensure appropriate assessment criteria, independent control of

compliance and accurate information for the consumer. Constructive involvement by

public authorities will reinforce the credibility of such schemes and increase the

potential for the beneficial effects of eco-labels to be realised. Public authorities may

want to go further, by setting the assessment criteria to be used by eco-labelling

schemes. The precise level and type of public authority involvement will form the

core of the future debate on eco-labelling of fisheries products within the

Community.

5.3.

Promoting animal and public health and safety in the fisheries sector to ensure

consumer protection

•

Address the repercussions of the current overhaul of Community food

legislation on fisheries products.

•

Ensure consumer protection in respect of third country imports.

A large body of scientific literature confirms the benefits to human health from

eating fish, which is rich in polyunsaturated fatty acids which help prevent

inflammatory and cardiovascular disease and improve vision and neural development

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in infants. There are, however, certain risks to public health linked to trade,

processing and/or distribution of fish: i.e. contamination by toxic chemicals or heavy

metals, microbiological contamination, toxic species, presence of parasites,

histamine, etc. Furthermore there is also a risk of introduction and/or dissemination

of animal diseases which may have serious economic consequences for aquaculture.

It is therefore necessary to apply the health requirements of Community legislation in

order to protect public and animal health and safety.

Food quality is a high priority for the Community and fisheries products will be

affected in the immediate future by the current overhaul of Community food

legislation which is designed to establish the highest standards for food. This may

lead, for example, to the establishment of stricter limit values for contaminants, such

as heavy metals or dioxins.

The correct application of Community health requirements will have different effects

on the fisheries sector. One of them will be to reassure European consumers about

the healthiness and safety of fishery products; this could further raise demand for fish

as opposed to other sources of protein. On the other hand, the correct application of

health requirements to fisheries in particularly polluted areas could mean either a

change in fishing activity or, in a few cases, closure of the fishery. This could also

have repercussions on processing industries (including, for example, the fishmeal

and fish oil sector). The need for structural adjustment resulting from the fulfilment

of the Community health requirements will have to be taken into account in Member

States' programmes for assistance to the sector within the framework of the Financial

Instrument for Fisheries Guidance (FIFG).

As a major importer of fisheries products the Community must ensure that such

products fulfil equivalent health requirements to those provided by the Community

legislation. More financial assistance may need to be given to developing countries,

and particularly those with which the Community has concluded Fisheries

Agreements, in order to help them achieve the necessary food safety requirements.

5.4.

Fleet policy

•

Establishment of a more effective fleet policy in line with multi-annual

objectives, taking into account technological progress and ensuring that public

aid does not contribute to an increase in fishing effort.

•

The new system should ensure transparency and simplicity with tighter control

and enforcement by Member States and stronger sanctions for non-

compliance.

For the future, a system must be established that is simpler and more effective than

current policy in terms of its impact on the state of the resources. Fleet policy should

establish a balance between fleet capacity and exploitation rates that are consistent

with long-term management objectives. The reduction rates should take into account

the exploitation rates associated with multi-annual TACs. This would have the

advantage of ensuring a coherence between the two areas of policy. However,

although this idea is attractive on theoretical grounds it could prove to be complex to

put into practice, especially for segments operating mixed fisheries.

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To have an effective fleet policy it should also be recognised that fishing effort is

increasing every year due to technological progress. Advances in vessel and gear

design, fish-finding equipment and telecommunications all contribute to this. The

reduction rates would need to be at least large enough to counter the effect of

technological progress. In over-exploited fisheries they would have to be very much

higher than this. One could also envisage adapting the reduction rates in order to

favour environmentally friendly gears or fishing techniques.

It is also clear that the policy must address the question of over-capacity by Member

State but it has to distinguish between individual fisheries by maintaining a

segmentation of the fleet, otherwise an overall reduction in capacity might disguise

an increase in the capacity of vessels fishing the most over-exploited species, which

are usually also the most commercially valuable. This could be achieved by the

segmentation under the MAGP IV or, recognising that the latter was in some cases

developed to minimise overall capacity reduction rather than to represent an accurate

subdivision of the fleet, a segmentation based on clearly defined criteria common to

all Member States. In some cases regional segmentation could also be envisaged.

The issue of the distant water fleet needs to be adequately addressed too. The

segments that group together vessels operating outside Community waters should

take into account not only the state of stocks to be exploited but also the other

constraints limiting access, i.e. the fishing possibilities offered by third countries and

the rights obtained in regional fisheries organisations which both risk being

diminished in the long-term due to new entrants.

Another important guiding principle is that public aid must under no circumstances

contribute to an increase in fishing effort. Rather, as long as public aid is used for

fleet renewal there should be a net decrease in fishing effort. In the long term, such

aid should be abandoned.

Finally, special provisions in favour of small-scale fisheries should be envisaged.

Any new policy must meet the requirements described above. The following two

approaches could be used and even combined to achieve the above objectives.

The first is to continue with a system that fixes quantitative objectives to be achieved

over a defined period with the following characteristics:

•

Reductions primarily in terms of capacity

•

A commonly defined segmentation of the fleet for all Member States

•

Fixed reduction rates for each type of segment across all Member States.

In order to achieve the objectives fixed under the programme, the “entry – exit”

regimes that the Member States have introduced under Articles 6 and 9 of Council

Regulation No 2792/99 ("FIFG Implementing Regulation" OJ L 337, 30.12.1999)

could be adjusted so that whenever new capacity is introduced into the fleet a greater

capacity is withdrawn. This system could be made more restrictive when public aid

is granted for vessel construction or modernisation. In this case, the entry of publicly-

aided capacity would be associated with a substantially greater capacity withdrawn.

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A further means to contain the fleet could be the introduction of a capacity penalty

each time a licence is traded.

The advantages of such a system would be transparency and simplicity. However, it

would require the Member States to accept tighter control and enforcement measures

and stronger sanctions for non-compliance.

The second approach would be to dispense altogether with fixed objectives for the

period until 2006 and instead to create a mechanism whereby the capacity of the fleet

is gradually and automatically reduced over time. This would require the “entry –

exit” regime described above to be strengthened so that it could systematically

reduce the fleet at an appropriate rate, and could also make use of capacity penalties

when licences are traded. One advantage of such a scheme is that the greater the rate

of fleet renewal the greater the rate of fleet reduction, which is consistent with the

need to counter the effects of technological progress. Again, the "entry-exit" ratios

could be adjusted either to take account of the degree of over-exploitation of the

resource or to favour certain types of environmentally friendly gears or fishing

activities.

5.5.

Improving Governance within the CFP

•

Establishment of regional advisory committees to involve more effectively the

stakeholders in policy-making.

•

Decentralisation of certain management responsibilities to address local and

emergency situations.

•

Promoting the transparency of scientific advice.

•

Improving the compatibility of the CFP with other policies that affect the

coastal zone through Integrated Coastal Zone Management (ICZM).

The CFP needs to have a fisheries management framework which is transparent,

cost-effective, flexible, able to respond rapidly and efficiently to emergencies and

allowing greater stakeholder involvement.

Improvements could be made in the following areas:

5.5.1.

Greater involvement of stakeholders

Although the current institutional framework does not foresee the formal

participation of stakeholders in the decision-making process, either at Community or

at regional level, it is possible and desirable to foresee new forms of participation in

the pre-decision phase of CFP policy-making. Establishing a network of regional

advisory committees on fisheries could, in the Commission's view, involve more and

earlier the stakeholders in discussions about fisheries management while at the same

time ensuring that fisheries governance remains compatible with the legal and

institutional framework of the Treaty and that it does not affect the global and

Community character of the CFP.

These committees could include national officials, industry representatives, NGOs,

fisheries biologists and economists from the Member States with a real interest in the

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fisheries concerned. Participation would also be open to industry representatives and

officials from other Member States. While some parties might think that the

Commission's presence in every regional meeting might be desirable to provide

chairmanship and administrative support, it might be difficult for the Commission to

assume such a responsibility in every case. It would be necessary therefore for the

players involved to share the management of the proposed scheme.

The regional committees could be co-financed by the Community, national

authorities and stakeholders. It seems reasonable that all parties benefiting from the

participation in the consultations should bear part of the costs.

The regional committees would cover regional management units (such as the North

Sea) or specific stocks to be defined (such as migratory species like tuna) and would

meet regularly. The sector would thus be involved in such discussions before

proposals on management measures were made by the Commission.

These committees would provide advice to the Commission which would take it in

due consideration when making proposals and management decisions.

5.5.2.

Meeting local management needs and emergency situations effectively

In order to improve the effectiveness/responsiveness of management measures, the

responsibilities for adopting, within the territorial waters, specific local conservation

measures in some cases could be delegated to the Member States under conditions

defined at Community level. Such new legislation could define the responsibilities of

the Member States and establish the time-limits for such measures and the modalities

for their review. The Commission would retain its right of initiative to adopt

emergency measures.

Another important area where further decentralisation could be useful is the

management of fisheries within the territorial waters. Member States are currently

allowed to adopt stricter conservation measures in areas under their sovereignty or

jurisdiction provided, inter-alia, that they apply only to fishermen of the Member

State concerned. Member States could in future be empowered to adopt conservation

measures applicable to all vessels operating in those areas. This prerogative would be

limited to the 12-mile zone (or 6-mile zone, depending on the Member State).

Community safeguards should be set up to ensure that Member States would not

discriminate, overtly or covertly, against the fishermen of other Member States and

that measures adopted are compatible with those applicable outside the territorial

waters. This new framework would allow Member States to deal more quickly and

effectively with management issues which are very important both for the

reproduction of many stocks and for coastal fishing communities dominated by

small-scale fisheries.

5.5.3.

Better integration of scientific advice into the decision-making process

A sound scientific basis is necessary to assist fisheries managers and other interested

parties in making decisions. The CFP needs advice that is the product of multi-

disciplinary research which covers, inter-alia, biology, ecology, social science and

economics. But apart from the establishment of the appropriate frameworks and

mechanisms to obtain such advice, the policy-makers need to also think about its

optimal use in the decision-making process.

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Issuing of scientific information in a timely manner and publishing it, respecting

confidentiality where appropriate, would contribute to better decision-making by the

relevant authorities and would increase the confidence of fishermen in it. In addition,

transparency could further be promoted by facilitating closer links between

fishermen and scientists. The Commission is willing to support initiatives bringing

closer the stakeholders, the scientific community and the policy-makers.

5.5.4.

Integrated Coastal Zone Management (ICZM)

ICZM is a process for improving the planning and management of costal zones and

for reducing the level of conflicts between fishing communities and other users of the

coastal zone (including both the land and the sea) through the application of a series

of principles embodying good governance. As well as promoting stakeholder

involvement and the adequate use of information, ICZM works towards the co-

ordination of the various sectoral policies which impact on the coastal zone.

Furthermore, the global approach promoted by the ICZM calls for an explicit

examination of the impact of land based activities on marine resources and vice

versa.

In the context of the European Strategy for ICZM (COM(2000) 00547) the

Commission will work to improve the compatibility of EU policies that affect the

coastal zone, including the Common Fisheries Policy. The ICZM process should also

be used to ensure coherence between the application of the CFP and the many

national and local policies related to the use of the coastal zone.

5.6.

Monitoring, control and enforcement

•

Further progress is needed on the co-ordination of national policies, the

harmonisation of sanctions, the follow-up of infringements and on the

definition of the respective responsibilities of Member States and Commission

in the implementation of control schemes adopted within regional fisheries

organisations.

•

The possibility of setting-up a Community Joint Inspection

Structure

to co-

ordinate national and Community inspection policies and activities should be

considered as an option.

The CFP reform offers the opportunity to strengthen the current arrangements to

meet the demands of the fishing sector to ensure a level-playing field in control and

enforcement throughout the Community and to provide more effectiveness in the

application of the CFP.

The Commission undertook publicly the following commitments at the recent

International Conference on Fisheries Control, Monitoring and Surveillance (October

2000, Brussels):

– To elaborate a Code of Conduct for inspectors and fishermen clarifying their

respective rights and obligations.

– To elaborate a prior "controllability evaluation" for every new proposal for

conservation measures.

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– To establish a "controllability" diagnosis for all measures in force.

– To initiate an analytical assessment of control expenses in order to better evaluate

the real costs of control and the resulting benefits.

– To ensure the largest possible utilisation and exploitation of new technologies for

control purposes.

The Commission believes that further areas where progress is necessary to enhance

monitoring, control and enforcement of CFP could be the co-ordination of national

control policies, the harmonisation of penalties for infringement of fisheries

regulations, the admissibility by all Member States of inspection reports by

Community and national inspectors as a means of proof and transparency in the

follow-up of infringements. Optimum and effective monitoring of the activities of

Community vessels operating outside Community waters should also be ensured. It

is imperative that the Community quickly adopts a position on the division of

responsibilities between the Commission and the national authorities regarding

control of fishing activities in waters managed by regional fisheries organisations

(RFOs).

The possibility of setting-up a Community Joint Inspection Structure to co-ordinate

national and Community inspection policies and activity and to pool the means and

resources for control purposes is an option that needs serious consideration. The

tightening of current infringement procedures should also contribute to ensuring a

level-playing field across the Union. A third element in this package would be to

explore ways of improving the dissuasiveness of penalties for infringement,

including "administrative" penalties such as loss of fishing quota, withdrawal of

licences or repayment of financial aid for vessels which infringe fisheries

regulations.

5.7.

Strengthening the social and economic dimension of the CFP

•

A new approach to economic management to secure a sustainable and

economically viable sector through the reconsideration of the role of public

aid.

•

Measures to help former fishermen find alternative employment.

•

Exploration of the implications of new management tools such as rights-based

management.

•

Reconsideration of the priorities for aid to aquaculture and processing sectors.

In a situation of severe depletion of some of the Community's key fish stocks, over-

capacity and steadily-declining fisheries employment, the Community needs to

consider a new approach to economic management of the fisheries sector. The

catching sector, in particular, will have to become significantly smaller than it is

today in order to be sustainable and the Community needs to plan for major

structural adjustment. Priorities for aid to the aquaculture and processing sectors also

need to be reconsidered.

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In general, two kinds of measures are needed: first, those which help to secure a

sustainable and economically viable fisheries sector; second, measures to help those

now employed in the fisheries sector who will need to find alternative employment.

The latter would also need to address ways of overcoming the problem of

transferability of the skills and experience of fishermen to new economic activities.

Some form of transitional assistance during retraining for other employment might

be necessary. The choice of measures should take into account the "fisheries

dependency" of some coastal regions in relation to small-scale, artisanal fisheries.

With regard to the special case of the outermost regions of the European Union, the

Commission is already committed to bringing forward proposals and, where

appropriate, new measures under the CFP in support of these areas

5.7.1.

A new approach to economic management

Although the present programmes supported by the Structural Funds, including the

FIFG, will be in place until 2006, margins of flexibility exist that could be used in

order to promote a more sustainable and economically self-sufficient fisheries sector

and to strengthen and diversify the economic base of fisheries-dependent areas. A

particular effort should be made to ensure the most effective contribution to

overcoming the over-capacity problem faced by the sector, which is at the root of its

current difficulties.

The reconsideration of current FIFG aid should take place at three levels:

– in the short term, it will be necessary to change some provisions in the FIFG

(Council Regulation No 2792/99) in order to take account of new and unforeseen

events which are already increasing the need for structural adjustment, such as the

introduction of the stock recovery plans recently decided by the Council or the

greater-than-foreseen reduction of fishing opportunities in third country waters.

This may require, for example, a substantial relaxation of the limit on aid for

temporary laying-up of fishing vessels;

– at the same time, in the light of the same developments, the Member States will

probably need to revise their priorities for structural aid to the fishing fleet, by, for

example, reducing the share of aid for modernisation or construction of fishing

vessels and increasing that of aid for decommissioning or laying-up;

– finally, it may be necessary for the Community to consider whether and under

what conditions investment aid for the fishing fleet might be phased out, in order

to eliminate its counter-productive effects on fishing capacity, and Community aid

redirected to focus exclusively on the further reduction of the fleet by

implementing, for example, a "once-and-for-all" aid for decommissioning under

more attractive financial conditions.

Because of their importance for employment, in particular in local areas with few

alternative opportunities, and because they have, if properly managed, a lower

impact on the resources, small-scale artisanal fisheries may need to be excluded from

this general approach. Such fisheries could be the beneficiaries of a specific fisheries

aid programme, subject to clear conditions for eligibility, including common

COM(2000) 147.

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definitions of "small-scale" fishing activity and "fisheries-dependency" of a coastal

zone, and limited impact on competition between the Member States' fleets.

Alongside this Community-level reconsideration of aid to capital investment,

Member States could also make use of the margins of flexibility within existing

regional and human resources programmes supported by the Structural Funds for the

period 2000-2006 in order to reinforce measures to address the social and economic

impact of the inevitable further shrinkage of the Community fishing fleet and to help

those employed in fisheries adapt to change in the sector and, where appropriate, find

alternative employment. Any adjustment would have to be made within the

framework of the existing programmes and financial allocations. In addition, the

mid-term review of Structural Funds foreseen in 2003, and the allocation of the

performance reserve held aside pending the result of the mid-term evaluations, could

be used as an opportunity to address this problem.

As indicated in the Second Cohesion Report

presented by the Commission, areas

that could benefit from future actions in the framework of cohesion policies include

islands and peripheral regions where the fisheries sector is traditionally an important

part of the economic fabric. In such a context, the FIFG could make an important

contribution in combination with the other Structural Funds.

The Community should also begin to explore the implications of management tools

which are not yet widely used in Europe, such as:

– market-based systems for allocation of quotas, such as individual transferable

quotas and auctions, which generate a market in fishing rights and may increase

the interest of right-holders in long-term sustainability of fishing;

– "co-management" systems;

– access levies for the right to fish, at least for some parts of the Community fleet.

Such mechanisms could, in certain circumstances, play a significant complementary

role in Community fisheries management. The Commission would propose to co-

ordinate an exchange of views with the Member States on these subjects, perhaps

with the participation of third-country experts, where appropriate, with a view to

preparing a report for the other Institutions on this subject as soon as possible and

latest in 2003.

The implications of these new approaches for certain principles such as relative

stability would also have to be considered.

5.7.2.

New priorities for support to aquaculture

The relations between aquaculture and the environment are extremely important.

Adoption of sustainable farming practices must be achieved, alongside the

imperatives of health and quality standards for products. The Biodiversity Action

Plan for fisheries and aquaculture should contribute to achieving this goal. The Plan

should foresee a series of actions related to the reduction of environmental impact as

well as actions to limit the potential problems arising from the introduction of new

COM(2001) 24.

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species and secure animal health. These actions need to be supplemented by research

related to aquaculture.

The market has to be the driving force of aquaculture development. Production and

demand are currently finely balanced and any increase in production in excess of the

likely evolution in demand should not be encouraged. In the 1980s, aquaculture (and

more particularly, marine aquaculture) was still essentially a high-risk activity.

Today, these risks no longer exist for a number of farmed species. It is therefore

questionable whether the Community should continue to subsidise investments by

private companies in production capacity for species where the market is close to

saturation.

The intervention of the public authorities in favour of aquaculture should in future

cover measures other than aid to investments that increase production for species

where market is close to saturation, covering expenditure such as training, control,

research and development (in particular for new species), processing of waste water,

eradication of diseases, etc. As from 2000, the scope of the FIFG has been widened,

in order to include the majority of such aid. Public aid should in particular be

devoted to encouraging the development of « clean » technologies.

5.7.3.

Promoting the processing industry

In certain areas, the fish-processing industry constitutes a considerable part of more

selective and local economic activity in particular in terms of jobs. In parallel with

the approach advocated for aid to the fishing fleet, EU policy for the sector should be

more selective and be geographically focused on the basis of economic and social

cohesion policy criteria and could be mainly oriented to support the small and

medium-sized enterprises located in areas most dependent on fishing activities.

Establishing an appropriate strategy for the processing industry is hindered, however,

by the lack of reliable statistical data on the structure, production and economics of

the sector. The Member States are very reluctant to supply such information; the

recently-adopted Council Regulation on the collection of data for the CFP does not

oblige Member States to supply data for the processing industry until 2006.

5.7.4.

Addressing other social issues

Apart from providing sustainable employment in the fisheries sector and assisting in

the conversion of fish workers to other sectors, where necessary, the Community still

needs to address other social issues, such as improving the physical safety of fishing

vessels and regulating working conditions in the sector, including working hours, in

order to minimise safety risks. These considerations also apply to EU fishing vessels

operating outside Community waters, where a significant proportion of the crew may

not be EU citizens. Full compliance with Community legislation on working

conditions should be ensured. The Community is also concerned to ensure that the

substantial role played by women in the fisheries sector is recognised and enhanced.

5.8.

External relations

•

Contributing to the improvement of global governance in fisheries related matters

through the effective implementation of the current international legal framework

and the strengthening and promotion of regional co-operation mechanisms.

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•

Development of a partnership approach with the developing countries

The Community's task is to ensure responsible fisheries and to reconcile sometimes

conflicting interests. The Community should only act when there is a real interest for

the Community fisheries sector in particular when there is an effective fleet presence

for the exploitation of fisheries resources, and in order to propose and support

initiatives in the international fora to promote responsible fisheries.

Ensuring access for the Community fleet to surplus stocks in the EEZ of third

countries remains an objective of the Community external fisheries policy. However,

this objective should be achieved in a manner coherent with other objectives, such as,

development and environmental policies and compatible with the fundamental

mission of the CFP, i.e. ensuring the sustainability of fisheries resources. Such an

approach would strengthen the contribution of the Community to the development of

responsible and sustainable fisheries on the high seas and in the waters under the

jurisdiction of its partner coastal States, in accordance with its international

commitments. It should also be pursued in a manner which encourages mutual

understanding between the interests concerned, including civil society.

In the context of globalisation there is also a European interest in strengthening

economic co-operation between European companies and other private partners in

developing countries. The new external dimension of the CFP has also to take into

account improvements in the internal dimension of the policy such as the

implementation of environmental instruments, more effective technical measures,

multi-annual and multi-species approaches, strengthening of research and control and

greater stakeholder involvement.

Finally, investment in the creation and strengthening of the research capacity of

partner countries and regions, particularly where the Union has interests in

sustainable management of aquatic resources and their ecosystems, is a prerequisite

for coherence between different policy areas. It will be necessary to create a structure

providing scientific advice on the state of the resources in partner countries.

5.8.1.

Multilateral co-operation

The EC should be leading the efforts of the international community to improve

global governance with respect to the conservation and sustainable use of the marine

living resources of the high seas. The ratification and full implementation of all the

relevant international instruments by the greatest possible number of States must be

strongly encouraged.

Speedy ratification by the Community of the UN Agreement on Straddling Fish

Stocks and Highly Migratory Fish Stocks (UNFA) is necessary so that the

Community can act with credibility in the various international fora.

The EC should continue to promote international co-operation, to contribute to the

strengthening of the regional fisheries organisations as required by the Law of the

Sea Convention and UNFA and to support efforts to fight illegal, unreported and

unregulated fishing on the high seas.

The Community's commitment to sustainable fisheries on the high seas should

benefit Community fleets which wish to exploit the fisheries resources outside

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Community waters and at the same time contribute to other objectives, such as those

relating to environmental protection, development co-operation and the protection of

workers' rights.

The Community has also to take account of the interests of emerging and developing

fishing nations through a more equitable distribution of fisheries resources whose

decline not only amplifies the problem but also limits potential solutions.

Certain priorities for the international action of the Community have to be

established. These can be summarised as:

– promoting, where possible, regional Fisheries Agreements which have the

advantage of better addressing the regional aspect of the resource, can sustain a

real regional fisheries co-operation between third countries and can facilitate

monitoring and control of fishing activities;

– promoting the rational exploitation of the resources of the high seas, including the

establishment of the rights and obligations of the new entrants, through the

definition of mechanisms for allocation of access rights within the framework of

regional fisheries organisations or arrangements;

– contributing to the application of the precautionary principle, taking into account

environmental protection requirements;

– stepping up the fight against illegal, unreported and unregulated fishing, and in

particular against the laxity shown by the enforcement authorities of some States

towards vessels flying their flags and their own nationals who breach the rules. To

achieve this requires the strengthening of monitoring and control of fishing

activities, not only on the high seas and in the waters of the third countries having

concluded a Fisheries Agreement with the Community, but also in ports. The use

of trade-related measures in the framework of regional fisheries organisations

should also be envisaged in combination with flag State and port State controls;

– giving priority attention to the work of those regional organisations that manage

resources which are shared with the Community;

– fostering co-operation with developing States at the level of regional and sub-

regional fisheries organisations, to facilitate and encourage the effective

participation of those States in these organisations.

5.8.2.

Bilateral co-operation

The Community's bilateral relations must be adapted to changing circumstances.

Fisheries Agreements should from now on be able to meet developing States'

requirements and legitimate aspirations to develop their own fisheries.

It should be stressed that the Community's bilateral agreements offer better

guarantees of responsible fishing than private arrangements. Nonetheless, substantial

progress still has to be made, in particular as regards the implementation of these

Agreements and their capacity to contribute to the development of the fisheries

policies of developing coastal states.

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For that purpose, the Community's ambition should be to build with partner coastal

States a sustainable fisheries framework where the Community interests have a

positive role to play, including , if possible, fishing opportunities for its vessels.

Community Fisheries Agreements should incorporate the relevant aspects from other

Community policies while becoming the development vector for rational and

responsible utilisation of the fisheries resources found in waters under the

jurisdiction of developing coastal States. In this respect, the Treaty is clear in that the

CFP has to take into account of the objectives of Community development policy.

Fisheries Agreements with developing countries should be articulated with the

Development Co-operation Strategies established between the Community and the

third country partner and contribute to the fulfilment of the objectives of such

Strategies. Moreover these Agreements should take into account the diversity which

characterises the situation of the fishing industries in developing countries. In order

to allow for an assessment of value for money the Fisheries Agreement should

clearly separate the fisheries from the development part.

There are political, institutional and socio-economic differences between the

relationship of the Community with ACP countries and, more generally, with

developing countries, on the one hand, and the Northern and Baltic countries on the

other. This is due mainly to the obvious political, institutional and socio-economic

imbalances. It would be appropriate to establish a dual approach which takes account

of the level of development of our fisheries partners.

The Fisheries Agreements with the Northern and Baltic States have to be the subject

of negotiations with a view to establishing a stable normative framework laying

down the conditions of access on an equitable, and if possible, multi-annual basis

consolidating the presence of the Community fleet in those waters. The extension of

the obligation already existing in a number of agreements, of a financial contribution

by ship-owners benefiting from the fishing rights obtained through agreements

involving Community financial compensation should be examined.

The Community should develop partnership agreements in the fisheries sector with

the developing coastal States with a view to not only ensure for the Community fleet

access to the surplus resources, but also to contribute to the establishment of a

framework for policy dialogue and to responsible and sustainable fisheries. These

should be compatible with the possible development of the sector of the coastal states

and their national fisheries policies and should be based on a contractual and multi-

annual basis. The Cotonou Partnership Agreement is an important step in the

Community development co-operation policy in relation to the Lome Convention, in

that it identifies new main principles and establishes new priorities in particular with

regard to the reduction of poverty

The following more specific actions, already provided for in many existing Fisheries

Agreements, could be extended more widely:

•

Strengthening the sectoral policy dialogue by providing technical assistance for

the formulation of sectoral policies, by supporting the creation of professional

Communication from the Commission to the Council and the European Parliament, Fisheries and

Poverty Reduction, COM(2000) 724 final.

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organisations, by contributing to the strengthening of institutional and

administrative capacities and to the implementation of sound management

practices and by supporting the launching and consolidation of regional and

international co-operation;

•

Contribution to responsible fisheries by promoting co-operation in research, stock

assessment, monitoring and surveillance, by stepping up the fight against illegal

fishing, by applying measures to rehabilitate marine ecosystems and to minimise

wasteful practices across the whole fisheries sector;

•

Contribution to the sustainable fisheries development of the partner coastal States

by supporting the development and implementation of financial instruments to

meet the various needs of the sector, including within the framework of private

partnerships with Community entrepreneurs; by contributing to the development

of local artisanal fisheries communities and to the improvement of local port

infrastructure; by supporting local human resources development and training -

including possible initiatives for women- and by promoting actions to improve the

safety and quality of local fishery products.

5.9.

Mediterranean fisheries

•

Promote the integration of the Mediterranean into the CFP through the

improvement of scientific advice, the reviewing of the technical measures

Regulation No 1626/94 and the strengthening of control and enforcement.

•

Re-launch the efforts to promote international co-operation.

The analysis of the situation in the Mediterranean Sea shows that it is necessary to

give a new political impetus to the Common Fisheries Policy in this area. The

Mediterranean should be fully integrated into the CFP, with the adjustments

necessary to take account of the specific conditions of fisheries in the area. The basic

objective has to be the same as in other waters: to guarantee the sustainability of

fishing activities in Community waters and on the high seas.

In order to ensure sustainable fisheries, the following aspects must be integrated in a

future Mediterranean fisheries policy:

•

rational fishery management needs to be based on sound and timely scientific

advice. The strengthening of the General Fisheries Commission for the

Mediterranean (GFCM) and of its subsidiary bodies, in conjunction with the new

Community framework for the collection of data, will be of paramount

importance in this field;

•

Regulation N° 1626/94 should be reviewed in the light of past experience, with a

view to identifying priority areas which require Community-based solutions.

Community action should be focused on those regions where there is most

competition and potential conflicts between fishermen of different origin.

Regional workshops involving the stakeholders as well as specific meetings of the

Scientific, Technical and Economic Committee for Fisheries should be arranged

to that end.

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•

due to the multiple use of littoral areas and the particular pressure on coastal

regions in the Mediterranean, there is an increased need to focus on Integrated

Coastal Zone Management as a basic tool not only for the protection and

enhancement of fishing and aquaculture activities but also for their harmonious

integration with environmental concerns and other human uses

;

•

control of fishing activities should be strengthened so as to ensure that those

complying with the rules are not penalised by the lack of an effective regime that

allows some fishermen to violate the rules with impunity.

In parallel the Community should also act at the external level:

•

priority should continue to be given to strengthening multilateral co-operation and

in particular to the improvement of GFCM. In order to provide the necessary

political impetus, the Community should envisage setting up a forum at

ministerial level to provide the political guidelines for a Mediterranean fisheries

policy. Such a forum could take the form of a Conference of the Fisheries

Ministers of bordering States, to be convened periodically. A priority for that

forum would be to discuss the monitoring and control of fishing activities on the

Mediterranean high seas;

•

sub-regional co-operation is very important because many problems occur and

their potential solutions can be found only in certain sub-regions. The

development of sub-regional co-operation frameworks should be developed in a

transparent way;

•

control of fishing activities on the high seas and, in particular, the question of

fishing activities by non-Mediterranean flag States, merits a multilateral approach

beyond actions taken by GFCM and ICCAT. Given the political dimension of this

problem, the solution could be found in the framework of an ad-hoc Conference

involving all States whose fleets operate in the Mediterranean.

•

Fishermen's organisations from all the Mediterranean States should be invited to

create and/or strengthen organisations to promote co-operation. The Community

should encourage and help them in their task.

5.10.

Research and scientific advice

Embeddedness of fisheries resources in their wider ecosystem requires a substantial

effort to apprehend better the functioning of aquatic ecosystems and their reaction to

different types of fishing pressure and exploitation strategies. This would substantially

increase insights into different options of fisheries management in search of a viable

and socially acceptably compromise between the conflicting maximisation objectives

of economic efficiency, ecosystem stability or productivity, employment and

availability for other services.

Such research is interdisciplinary in nature and goes beyond pure instrumental

research for justification of technical measures. It combines conventional fisheries

Communication from the Commission to the Council and the European Parliament on Integrated

Coastal Zone Management: A Strategy for Europe, COM(2000) 547.

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research with conservation science and economics and builds on a considerable body

of knowledge from research on common pool resources. It must maintain an open

channel to fishermen’s own knowledge. It must maintain a degree of independence

from public and private decision-makers in order to safeguard its credibility and

ability to promote consensus building.

Research priorities need also to be better defined. Innovative research is needed in

areas such as selective and environmentally friendly gears, genetics, methodologies

for improved assessment and sampling programmes and sustainable aquaculture

systems.

Largely publicly funded data must be in the public domain and open to independent

analysis. Good science must be able to be proved false and stand up to independent

scrutiny.

Emphasis must be placed on development of innovative analytical methodologies,

which will deliver sufficiently robust insights into complex socio-economic and

natural ecosystems in cost-effective ways to improve the basis of decision making,

even in countries or regions where costly machineries such as ICES-type assessments

(only of the resource itself) are unrealistic.

OLLOW

UP ACTIONS

The purpose of the debate launched by this Green Paper is to determine the features

of the new CFP. The characteristics of this new policy should make it capable of

better meeting the challenges it has to face. To achieve this goal, the CFP needs a set

of clear, coherent and compatible objectives and it has to be given the necessary

instruments to achieve them.

As these are questions of fundamental importance, it seems appropriate to have a

thorough debate between all those having an interest in fisheries issues on the basis

of this Green Paper before the Commission submits its formal proposals for a new

CFP by the end of this year.

All those interested in contributing to this debate are encouraged to send, by 30

September 2001, their comments, views, ideas and critical remarks to the

Commission which undertakes to analyse them carefully. Contributions can also be

sent by e-mail to the following address: [email protected] - The

Commission hopes that the debate will be conducted at all levels and in particular in

the most concerned Community regions.

The Commission will also organise from the 5

to the 7

of June 2001 a public

hearing on the CFP reform bringing together stakeholders and other interested parties

from all over the Community in order to collect and debate their ideas on the matter.