1 / 57

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

Promotion and Management of Fisheries in the European Community Focus: coastal zone. State of Economic Important Fish Stocks 2003-2004 Source: European Environmental Agency: Environmental Outlook 2004. Destructive Practices & Overfishing. Overfishing occurs in all Community waters

belita
Download Presentation

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

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Promotion and Management of Fisheries in the European CommunityFocus: coastal zone

  2. State of Economic Important Fish Stocks 2003-2004Source: European Environmental Agency: Environmental Outlook 2004 2/57

  3. Destructive Practices & Overfishing • Overfishing occurs in all Community waters • By catches of non-target species or undersized fish lie between 20 - 80 % • Destructive gear is especially used in North-East-Atlantic & Arctic Ocean 3/57

  4. Climate Change Change in water salinity and temperature Relocation of fish and plant species Iberian Sea, North Sea, Barents Sea and Arctic Ocean 4/57

  5. Multiple Demands on EC-Coasts Tourism Industry Fisheries Urban settlements 5/57

  6. Pollution Industrial, touristic and agricultural activities pollution, eutrophication impairment of coastal habitats 6/57

  7. The Fisheries Sector • 6,6 % of the world‘s catches (5,9 mio. tonnes) • 2,5 % of the world‘s aquaculture prod. (1,4 mio tonnes) • Import at 10 mio. tonnes in 2003 (climax) • Catches declined 18 % from 1990-2003 7/57

  8. Fleet Structure 1998 • 92, 000 vessels • Greece, Portugal, Italy, Finnland have many small vessels • Belgium and Netherlands have huge vessels • Other MS have mixed fleets 8/57

  9. Jobs 1998 • Total number of jobs depending on fisheries: approximately 550,000 • Marine fisheries 250,000 • Aquaculture 56,000 • Processing sector 100,000 • Closely related sectors 112,000 • Inland fisheries 10.000 9/57

  10. Employment Ranking of Member States in 1998 Spain 132,000 Denmark 20,000 Italy 107,000 Ireland 15,500 France 67,000 NL 12,000 Greece 50,000 Sweden 7,000 Portugal 44,000 Finland 6,000 UK 43,000 Belgium 2,500 Germany 20,000 10/57

  11. Socio-Economic Relevance • Fisheries make up to approx. 0,28 % of the EC gross domestic income • In no MS more than 1 % • However, many coastal areas strongly rely on fisheries 11/57

  12. Perception and Non-Perception of Basic Fisheries Issues Structure of the Political Debate Public Awareness Public Participation 12/57

  13. Structure of the Political Debate Commission Assisted by MS, third countries, scientific bodies, stakeholder bodies, regional bodies European Parliament Council of Ministers 13/57

  14. MS‘s Negotiations Within the Council Two dynamics shape negotiations MS ally against Commission‘s proposals (‚proposals enter the political playing field‘) MS act against each other 14/57

  15. Commission‘s Role & Perception • Rational excecutive branch of the CFP • Integrative approach: Fisheries into ICZM, biodiversity and environmental policies and an overall marine strategy 15/57

  16. European Parliament • Only gives opinions, issues reports • May ask Commission for proposals to the Council, • Fisheries Committee Members are perceived as ‚Intermediaries for the fishing industry‘s territorialised interests.‘ (C. Lequesne 2004) 16/57

  17. Public Perception Commercial sector NGOs Public awareness 17/57

  18. Public Participation Involvement and lobbying mainly through MS EC-level (limited to pre-decision phase) Advisory Committee of Fisheries and Aquaculture Regional Advisory Council EP 18/57

  19. II. Legal Regimes Global and Regional International Legal Instruments 19/57

  20. Sustainability – Customary Law Principle ? ...implies limitation of utilisation to the rate of optimum biomass reproduction Terms like max. sustainable yield or maximum economic yield neglect ecosystems and socio-economic factors Definitions of reference levels remain vague and a constant matter of political dispute Sustainability has not become a binding rule but an ideal type offering orientation for judicial, administrational and political work 20/57

  21. Precautionary Principle ? • Does not provide for any specific measures but rather implies ‚the way in which, and the time in which, measure are to be adopted.‘ • Precaution is determined by the character of each individual sectoral policy and each individual treaty • No uniform state practice and a vague content do not provide a legal rule but ‚again‘ an ideal type 21/57

  22. Duty to Prevent Serious Harm • States must not damage other states‘ environment through harmful activities within their own territories • Applicable to other state‘s marine environment, to areas beyond national jurisdiction as well as to shared resources • procedural duties to inform and co-operate in good faith on the basis of prior environmental assessment in order to minimize or prevent harmful (fishing) practices. 22/57

  23. 1982 UNCLOS Obligations 1982 UNCLOS comprises the basic rules on utilisation, conservation and distribution of living marine resources in international law Establishment of the EEZ and fixing the territorial zone 23/57

  24. Entitlements in the Territorial Sea Coastal states have: - the sovereign right to exploit their natural resources, Art. 2 (1) • preferential use rights regarding anadromous and catadromous stocks, Arts. 66 and 67 • the right to adopt conservation and environmental measures, Art. 21 d-f 24/57

  25. Management Obligations in the Territorial Sea • Conservation and managament of anadromous and catadromous stocks, Arts. 66 (2) and 67 (1) • Exploitation is subject to each state’s own environmental policies and in accordance with their duty to protect and preserve the marine environment, Art. 193 25/57

  26. 1995 UN Fish Stocks Agreement Obligations • Mainly concerned with conservation of straddling and highly migratory fish stocks on the High Seas and in the EEZ, Art. 3 (1) • Art. 6 elaborates an precautionary approach • Art. 5 (h) requires parties to prevent overfishing and remove overcapacity • Art. 5 (i) requires Parties to take into account artisinal and subsistence fishers 26/57

  27. EC‘s Common Fisheries Policy Objectives Resource management (1983/1993/2002) Regulate the amount of fish taken from sea Market organisation (1970) Maintain common organisation of EC market Structural policies (1970) Adapt equipment & orga. to market & resources External relations (ECJ 1976) ICFS-membership & fisheries agreements 27/57

  28. Legal Objectives & Principles in the EC-Treaty Agricultural policy objectives, Art. 33 1. Increase productivity 2. Fair standard of living for agri. Community 3. Stabilise markets 4. Assure availability of supplies 5. Ensure reasonable prices 28/57

  29. Integration of Environmental Objectives and Principles Art. 6 integrates environmental objectives and principles into all Community policies Objectives: • preserving, protecting and improving the quality of the environment • Prudent and rational utilisation of natural resources Principles: - Precautionary principles - Principle of preventive action 29/57

  30. Institutional Structures I Primarily based on the EC Regulations (exclusive competence) EC-management measures apply in the EEZ as well as in the territorial zone Implemented and complemented by MS measures, actions and other policies 30/57

  31. Institutional Structures IIRemaining Powers at MS-Level • Implementation, control & enforcement • Reserve fishing rights in 12 nm zone to vessels fishing from ports of the adjacent coasts • Emergency measures within 12 nm • Conservation measures within 12 nm, if no specific EC measures exist, measures are compatible with CFP-objectives, not less stringent than CFP rules and non-discriminatory • Management measures within 12 nm ‚solely for vessels flying their flag‘ which are not less stringent than EC legislation 31/57

  32. Institutional Structures III Remaining Powers at MS-Level • Structural Policy: MS have discretionary powers regarding which activities or sub-sectors may be supported • Regarding fleet renewal and modernisation MS discretion is restricted • Additional subisidies must be notified to the Commission – block exemption • Market organisation is implemented mainly through ‚producer organisations‘; 32/57

  33. Management Measures ITotal Allowable Catch • Quantitative limits on landings of a stock or group of stocks over a given period, Art. 3 (m) • Council has to balance conservation and socio-economic aspects • Judicial review is limited to cases where discretionary mistakes or abuse is obvious 33/57

  34. Management Measures IITotal Allowable Catch • TAC is divided into MS-quotas • Quotas have to be caught in specific marine areas • Based on the principle of ‚relative stability‘ (reference period 1973-1978) • MS may swap quotas, Art. 20 (5) • Commission can deduce future quotas in cases where quotas have been exceeded • Quota hopping 34/57

  35. Management Measures IIIEffort Control ‘Product of the capacity and the activity of a fishing vessel’ Art. 3 (h) Instruments to implement effort control: Licence systems limiting the number of vessels or days at sea, or regions to be fished Restructuring the fleet 35/57

  36. Management Measures IVEffort Control ‚Shetland Box‘ • Ships over 26 m fishing for demersal stocks need to apply for authorisation • Only ships from D/B/UK/F ‚West Atlantic‘ • Effort limitations regarding ships over 15 m fishing for demersal stocks 36/57

  37. Managament Measures VCFP Licenses System EC licenses system has control and monitoring functions • Minimum information requirements in licenses 2. System of special fishing permits 3. Licenses for fishing in third country waters under fisheries agreements 37/57

  38. Management Measures VITechnical Measures • Measure regarding fishing gear • No take zones and periods • Measures regulating minimum size of caught fish • Measures to reduce impact on ecosystem and non-target species (allowed composition of catches and duty to return them to the sea) 38/57

  39. Auxiliary Management Measures • Establishing targets for sustainable exploitation, Art. 4 (c) • Recovery and management plans, Arts. 5, 6 • Emergency Measures, Arts. 7 and 8 39/57

  40. Control & Enforcement Regime Art. 23 (1) of the Basic Regulation provides ‘Unless otherwise provided for in the Community law, Member States shall ensure effective control, inspection and enforcement of rules of the Common Fisheries Policy.’ 40/57

  41. ‚Unless‘ EC requires MS to • Set up administrative C & E structures and measures • In response to violations MS shall initiate administrative or criminal proceedings • Non-binding list of sanctions for serious infringements is provided by EC 41/57

  42. Inspection Scheme • MS have the duty to co-operate with other MS • MS are allowed to inspect vessels flying their flag in the Community‘s EEZ • Subject prior authorisation MS may inspect all other Community vessels in the whole Community EEZ • MS may inspect Community vessels in international waters • Reports of other MS and Community Inspectors shall constitute admissible evidence in other MS‘s administrative and judicial proceedings 42/57

  43. Commission‘s Control Competences I • Controls and evaluates application of the CFP by MS • If control is insufficient, the Commission may take preventive measures (proportionate and lasting from 3 weeks to 6 month; if quotas are exhausted, Commission may order a stop) 43/57

  44. Commission‘s Control Competences II • Commission has the right to inspect on ist own accord and on ist own means • The Commission shall have access to all relevant documents and information to exercise ist responsibility • Not, If the inspected party objects, (no police powers) 44/57

  45. Instruments Promoting Fisheries Promotional activities are pursued through structural measures and market intervention 45/57

  46. Structural Promotional Policies I European Agricultural Guidance and Guarantee Fund (EAGGF) managed the funding of structural fisheries policies from 1983 to 1993 • Budget 1983: 32 mio. ecus • 1993: 330 mio. ecus • Increase: due to Spain‘s and Portugal‘s accession 46/53

  47. Structural Promotional Policies II • 1992 Financial Instrument for Fisheries Guidance (FIFG) was established • Budget: 2,9 billion ecus • Main beneficiaries: Spain, Italy, Portugal and France 47/57

  48. Structural Promotional Policies III Aims • Adjusting fishing capacity • Modernising and renewing EC-fleet • Develop food-processing and marketing of products • Socio-economic measures 48/57

  49. Structural Promotional Policies IV Contradiction !!! Aid for both increasing and decreasing capacity 49/57

  50. Structural Promotional Policies V New vessels have not been compensated sufficiently by withdrawals Modernisation projects led to increases in capacity MS aids have been exceeding Community plans Multi-annual Guidance Plans were non-binding and weakly implemented 50/57

More Related