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CFP Reform. Implementation of the Landings Obligation: Context and Process. The Key Legal Provisions. Common Fisheries Policy – Basic Regulation Common Organisation of the Markets in Fisheries and Aquaculture Products European Maritime and Fisheries Fund
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CFP Reform Implementation of the Landings Obligation: Context and Process
The Key Legal Provisions • Common Fisheries Policy – Basic Regulation • Common Organisation of the Markets in Fisheries and Aquaculture Products • European Maritime and Fisheries Fund • Focus today on the Basic Regulation only
Reform Package – Basic RegulationA brief history......... • Proposals: • Green Paper in 2009 • Original Commission proposal (2011) • “General Approach” in Council (Feb 2013) • European Parliament amendments (Feb 2013) • Trilogues (March - May 2013) • Deal???? (June 2013) – to be finalised
Key Content • Regionalisation • Elimination of discards • Maximum Sustainable Yield • Coherence with environmental legislation. • Science • External Dimension • Aquaculture
Discards • Objective - Elimination of discards. • Progressively implemented landing obligations (discard bans). • Detailed rules/quota provisions to aid implementation. • Specifics can be set out in EU plans, or in detailed technical measures, but landing obligations / deadlines apply in any event.
Regionalisation • Member States and Advisory Councils to work together to develop detailed technical measures. • Multiannual plans would set direction. Regions have the opportunity to agree management detail. • New routes to give measures legal effect.
Regionalisation (continued) • Where Member States agree detailed measures for a fishery, option to enact quickly in EU law, or potentially national measures. • Cooperation between Member States and relevant Advisory Councils. • More responsive than co-decision. • Coordinated management without delegating legal power to Commission.
Multiannual Plans • Multiannual plans consistent with general CFP objectives. • Either single species or mixed fisheries plans, with adjustments to achieve MSY. • Mandatory content – e.g. Quantifiable targets and safeguards. • Optional content – detailed conservation measures, discard provisions etc
Maximum Sustainable Yield • By 2015 where possible, 2020 in any event. • Legally binding exploitation target, Biomass aspiration.
Environmental Integration. Integration with Environmental Policy • Member States propose, but enacted via regionalised process, Commission powers in some cases, or full co-decision. • Protected areas and establishment of Fish Stock Recovery Areas
Access & Fishing Opportunities • Access provisions continue – i.e. access to all waters, subject to 0-12 arrangements. • Fishing opportunities remain allocated by Member States; explicit criteria • MSs can choose Transferable Fishing Concessions as an option • MS reporting on capacity, action plan and “adjustments” where necessary.
External Dimension External Dimension • Principles guiding third country agreements and other external EU engagement : • Same principles of sustainability inside and outside EU waters. • More transparent agreements, based on science. • Coherence with development aims.
Aquaculture Aquaculture • New Advisory Council for aquaculture. • Encouraging sustainable aquaculture, and national “strategic plans”
Co-ordination, Compliance, Finance Control & Enforcement • Emphasis on coordination, cost-efficiency, culture of compliance and effective sanctions. • Financial assistance conditional on compliance with CFP’s rules. • EMFF (to be finalised) – to support implementation of reformed CFP.
Discards – the detail Discards (the detail) • Landing obligations for all quota stocks • Deadlines: • Pelagics [no later than 1 Jan 2015] • Listed whitefish stocks, defined by fishery [2016-2018] • Remainder [2017-2019]
Discards (Continued) • Catch limits control what can be caught, not what can be landed. • Quotas should be adjusted accordingly, but remain in place. • Technical rules conflicting with landing obligation reviewed/removed. • Reduce unwanted catch in first instance – selectivity, spatial measures, optimising use of quota.
Discards (Continued) • Exemptions: • Species for which fishing is prohibited; • Species for which scientific evidence demonstrates high survival rates; • De minimis exemption [5% after transition period] • Where evidence shows selectivity very difficult; • To avoid disproportionate costs in limited cases.
Discards (Continued) • Quota provisions: • Deducting unwanted catch from target species (not more than 9% of quota for target species). • Year-to-year flexibility of 10% of quota. • International swapping between MSs.
Discards (Continued) • Controls: • Full documentation of catches (including CCTV and/or other methods). • Minimum conservation reference sizes, where appropriate, fish below used only for non-human consumption.
Implementation Implementation • What is it that we have to do? • There is substantial change ahead but crucially flexibility on how to deliver. • Undertaking a detailed analysis of these new provisions. • Determine exactly what we have to do, by when, who needs to be involved, our options and what the respective roles and responsibilities could be.