# EUR-Lex - 52011DC0417 - EN

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# 52011DC0417

**COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Reform of the Common Fisheries Policy /* COM/2011/0417 final */**

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TABLE OF CONTENTS

1........... Introduction.................................................................................................................... 2

2........... Objectives of the reform................................................................................................. 3

2.1........ More fish to fish sustainably............................................................................................ 3

2.2........ A future for fisheries and
aquaculture industry and jobs.................................................... 5

2.3........ Thriving coastal communities........................................................................................... 6

2.4........ Satisfying the real needs of
informed consumers............................................................... 6

2.5........ Better governance through
regionalisation........................................................................ 7

2.6........ Smarter financing............................................................................................................ 8

2.7........ Projecting the principles of the
CFP internationally........................................................... 8

1.
Introduction

The Green Paper on the reform of the Common
Fisheries Policy[1]
(CFP) concluded that the policy is not achieving its key objectives: fish
stocks are overfished, the economic situation of parts of the fleet is fragile
despite receiving high levels of subsidies, jobs in the fishing sector are
unattractive, and the situation of many coastal communities depending on
fisheries is precarious. The outcome of the wide consultation process that
followed the Green Paper confirmed this analysis[2].

Against this background, the Commission is
proposing an ambitious reform of the policy. This reform is about putting in
place the conditions for a better future for fish and fisheries alike, as well
as the marine environment that supports them. The CFP has enormous potential to
deliver the building blocks for sustainable fisheries that respect the
ecosystem as well as providing high-quality, healthy fish products for European
citizens, thriving coastal communities, profitable industries producing and
processing fish, and attractive and safer jobs.

The reform will contribute to the Europe
2020 Strategy[3]
by working towards sustainable and inclusive growth, enhanced cohesion in
coastal regions, and robust economic performance of the industy. By aiming to
ensure that living marine resources are exploited sustainably, the reform is
also a key component of the resource-efficient Europe flagship[4] initiative.

Sustainability is at the heart of the
proposed reform. Fishing sustainably means fishing at levels that do not
endanger the reproduction of stocks and that provide high long-term yields.
This requires managing the volume of fish taken out of the sea through fishing.
The Commission proposes that by 2015, stocks must be exploited at sustainable
levels that produce the ‘maximum sustainable yield’. The Commission also
proposes to eliminate the practice of throwing unwanted fish overboard by 2016.
Such discards are an unacceptable waste of resources.

According to best estimates[5], if stocks were exploited at
maximum sustainable yield, this would increase stock sizes by about 70%.
Overall catches would increase by around 17%, profit margins could be
multiplied by a factor of three, return on investments would be six times
higher, and the gross value-added for the catching industry would rise by
almost 90%.

Fishing sustainably would free the catching
sector from depending on public support. It would
also make it easier to achieve stable prices under transparent conditions,
bringing clear benefits for consumers. A strong, efficient and economically viable
industry operating under market conditions would play a more important, active
role in managing stocks. It would also help to reduce fleet overcapacity, one
of the main causes of overfishing today.

Fishing sustainably is essential for the
future of coastal communities, which in some cases will need specific measures
to help manage their small-scale coastal fleets. The Commission proposes to
develop the CFP as part of the broader maritime economy. This will result in
more coherent policies for the EU's seas and coastal areas, and a better
contribution to helping coastal regions diversify their sources of income so as
to ensure a better quality of life there.

Fish is the resource base of the industry.
It is also a source of healthy protein for human consumption. Making fishing
and aquaculture in coastal and rural areas sustainable is in the interest of
society at large, and will help to meet growing consumer demand for quality
fish and seafood.

The CFP reform package consists of the
following components:

· A legislative proposal for a Basic Regulation (replacing Council
Regulation (EC) No. 2371/2002),

· A legislative proposal for a Market Policy (replacing Council
Regulation (EC) No.104/2000),

· A Communication on the External Dimension of the CFP,

· A Report on Council Regulation (EC) No. 2371/2002, regarding the
chapters Conservation and Sustainability and Adjustment of Fishing
Capacity, and on Article 17(2) on fleet access restriction to 12 nautical
miles.

In the context of the Multi-annual
Financial Framework and the Financial Perspectives, the Commission has
scheduled a legislative proposal for the future financial instrument 2014-2020
in support of the CFP for adoption later in 2011.

2.
Objectives of the reform
2.1.
More fish to fish sustainably

Fish stocks should be brought up to healthy
levels and be maintained in healthy conditions. They should be exploited at maximum
sustainable yield levels. These levels can be defined as the highest catch
that can be safely taken year after year and which maintains the fish
population size at maximum productivity. This objective is set out in the
United Nations Convention on the Law of the Seas, and was adopted at the 2002
World Summit on Sustainable Development as a target the world should reach by
2015. This objective would also enable the reformed CFP to make a better
contribution to achieving Good Environmental Status in the marine environment,
in line with the provisions of the Marine Strategy Framework Directive[6]. The objective of reaching
maximum sustainable yield levels by 2015 is now clearly enshrined in the
proposed Basic Regulation.

Discarding of fish is no longer acceptable. Discarding casts a negative image on the
industry and has harmful impacts on sustainable stock exploitation, marine
ecosystems, the financial viability of fisheries, and may influence the quality
of scientific advice. The elimination of discards must be part of the
objectives of the reformed CFP. An obligation for the industry to land catches of
regulated species is introduced in the proposed Basic Regulation. This
obligation will enter into force by groups of species under an ambitious, but
realistic timeline, and will be accompanied by flanking measures. Species with
a high expected survival rate when thrown back into the water after being
caught should not be covered by the landing obligation.

Multi-annual management plans remain the vehicle for long-term political commitment to
sustainable exploitation of resources. These plans will replace the current
single-stock-based approach, bringing the vast majority of stocks under multi-stock
management plans. Member States in the Mediterranean have to develop national
management plans for fisheries carried out in their territorial waters. This
should lead to developing EU plans for those Mediterranean fisheries which have
an international dimension. The EU should seek similar long-term commitments
from non-EU partners.

Fisheries management must be based on sound
scientific advice and must follow the ecosystem and precautionary approach.
The Commission will continue to seek advice from scientific advisory bodies
in accordance with guaranteed quality standards. Overlaps in the work of
different scientific advisory bodies will be removed, to streamline and
maximise synergy in the advisory process.

Science-industry partnerships can improve the quality and availability of data and knowledge.
They can also foster mutual, common understanding between operators and
scientists, without compromising the independence of the latter. Such
partnerships should therefore be encouraged.

Complete, reliable data are vital
for policy-making, both in the preparatory and the implementing and enforcement
phases of the policy[7].
The reformed policy will establish clear, renewed obligations for Member States
regarding the collection and availability of data. The Commission envisages an
integrated European information system for fisheries management. This will
respond effectively to the needs of users, improve the quality of data, and
allow for advanced fisheries management. It will simplify rules and reporting
obligations where possible, and reduce costs. Member States will need to adopt
and coordinate national fisheries data collection, scientific research and
innovation programmes to make the best use of the EU research framework programmes.

2.2.
A future for fisheries and aquaculture industry
and jobs

The CFP must provide the conditions for a
strong, viable, competitive industry that offers attractive jobs. Fishing and
aquaculture industries must operate efficiently and be financially robust,
without requiring public support.

The proposed Basic Regulation introduces a
market-based driver for a strong, profitable fishing industry by phasing in transferable
fishing concessions to contribute to achieving efficiency under
legally-secure conditions. Transferable concessions systems can reduce fishing
capacity and increase economic viability at no cost to the taxpayer, as
experience both within and outside some Member States has demonstrated. Under
the Commission proposal, these concessions would be transferable, but only
within a Member State. Member States may define criteria compatible with EU law
to establish a real economic link concerning a vessel's fishing operations and
the populations dependent on fisheries and related industries. Member States
may regulate transferable fishing concessions to ensure a close link between
them and the fishing communities (for example, by limiting the transferability
within fleet segments) and to prevent speculation. The specific characteristics
of small-scale coastal fleets, their particular link with coastal communities
and the vulnerability of some of these small or medium-sized enterprises
justify limiting the mandatory application of transferable fishing concessions
to larger vessels. Member States may exclude vessels up to 12 meters, except
for vessels using towed gear, from this system.

Fleet overcapacity remains one of the main
obstacles to achieving sustainable fisheries. The new scheme, in which fleets
would be reduced on an industry-induced basis via transferable fishing
concessions, will not require public funding and it removes drivers for
overcapacity. Operators will have an incentive to increase their concessions
while others may decide to leave the industry. Under this scheme incomes are projected
to raise by over 20% and crew wages by between 50% and over 100% by 2022.
Restructuring the catching sector along these lines will improve the
performance of the processing industry as well, increasing gross value-added
significantly, while creating more job opportunities[8]. The
aim of the reform is also to enhance the future development of the fishing
industry as well as to limit job losses. The reform will lead to a restructured
fishing industry and measures will be needed for the management of the
employment dimension of this restructuring. The involvement of social partners
at all levels will be of utmost importance to this end.

Transferable fishing concessions also offer
a social solution to those that want to leave the sector, as they could sell
their rights to others at market value.

Job attractiveness and decent working
conditions are pressing issues for the fleets in
general, and they are particularly important for many small-scale coastal fleets.
Together with developing social dialogue at all levels,
bringing the catching sector back to profitability is
an effective way of making fishing vessels safer and better working places[9], as well as making fishing an
attractive, secure way of making a living. The reformed CFP needs to contribute
to the modernization of the working conditions on board of vessels, to ensure
that modern health and safety standards are met. The
Commission and the Council have encouraged the Member States to ratify the 2007
"work in fishing convention" of the ILO. In view of the above the
Commission will actively engage with social partners.

Promoting the sustainable development of aquaculture
is essential to meet the growing global demand for fish and seafood. In the EU
aquaculture is a varied activity, ranging from extensive and traditional
coastal and pond farming to a high-tech industrialised activity, in particular
marine fish farming. Aquaculture is also an important economic activity
underpinning sustainable economic growth in rural and coastal communities and
the aquaculture activity can contribute to the preservation and protection of environmental
features, such as for instance extensive aquaculture in wetlands.

The sustainability of aquaculture as well
as the quality and safety of its products are crucial factors on which to build
the industry's potential and to improve its competitive edge[10]. The EU must promote
sustainable, competitive and diverse aquaculture, supported by the most
advanced research and technology, overcoming problems of access and
administrative barriers.

There is a clear EU dimension, since
strategic choices at national level may impact the development in neighbouring
Member States. The reform will require Member States to prepare national
strategic plans based on a set of strategic EU guidelines to create
favourable conditions to encourage the economic activity and improve its
competitiveness, to support its sustainable development and innovation, and to
stimulate diversification. Open methods of coordination may take the exchange
of information and best practices among Member States a step further (e.g.
access to space and waters, licensing).

2.3.
Thriving coastal communities

The Commission is committed to working
actively to promote growth and jobs in coastal fisheries and
aquaculture-dependent communities. The fishing sector often plays a crucial
role in the coastal areas of the mainland EU and in its outermost regions.

The social and economic importance of small-scale
coastal fleets and aquaculture in certain regions calls for specific
measures for these fleets. The measures should support green, smart and inclusive
growth and should contribute to sustainable, low-impact fishing and
aquaculture, innovation, income
diversification, reconversion, improvement of science
and a culture of compliance.

2.4.
Satisfying the real needs of informed consumers

The marketing of fishery and
aquaculture products must do more to take into account the interests of
consumers and to reinforce confidence in these products. The proposal will
enhance the publication of information for consumers on product and production
characteristics, and where needed voluntary labelling on, for instance,
production techniques or environmental claims can be facilitated.

Producers’ organisations will be equipped
to plan their production more successfully with annual plans that reconcile
sustainable fishing activities with adjusting supply more accurately to demand,
both in terms of quantity and quality. This will help to meet specific demands
and improve product quality. Improved information gathering and dissemination
through market intelligence will enhance the understanding of fishery
and aquaculture markets and consumer demands.

2.5.
Better governance through regionalisation

A centralised, top-down approach makes it
difficult to adapt the CFP to the specificities of the different sea-basins in
the EU. Member States and stakeholders will take more responsibility for
resource management at fisheries level, as well as for the coherence of such
management with other actions in each sea basin.

The Commission proposes an agenda that is
ambitious as regards regionalisation and simplification. EU fisheries
legislation adopted centrally should focus on objectives, targets, minimum
common standards and results, and delivery timeframes. While key decisions
remain at EU level, Member States will have the flexibility to decide on other
measures for fisheries management, under the supervision of the Commission, in
full compliance with the provisions of EU law.

To ensure effective management, Member
States could adopt, for example, the desired mix of technical conservation
measures and anti-discard measures. They would then individually implement
these measures in their national legislation. Regionalisation is continued all
the way down, and would include more self-management for the fishing industry
by increasing fishermen’s involvement in the policies and acceptance of
them, thus contributing to better compliance with the rules. The
Commission proposes to boost the role of fishermen’s organisations, and to
provide them with additional opportunities for sustainable resource
exploitation, both in planning and execution. Effective producers’
organisations will become active players in planning their members' fishing activities
and stabilising the markets, in managing their quotas, fishing effort and
fleets optimising their quota uptake and in ending discards by swapping and
leasing quotas and handling of unwanted catches.

Based on existing experience the Commission
envisages to maintain and extend the role of the Advisory Councils in
advising on conservation policy under the regionalisaton model. Similarly,
Advisory Councils could extend their activities to other areas of marine
management that affect fishing activities. Considering the specificities of the
Black Sea, an enclosed sea basin shared with four states that are not members
of the Union, the Commission proposes to set up a Black Sea Advisory Council.
This body could advise the Commission on conservation policy, research, data
collection and innovation and boost co-operation between Romania, Bulgaria and
their sea basin neighbours. It could play an essential role in fostering a regional
model of co-operation adapted to the specificities of the Black Sea.

The specific nature of the aquaculture
sector requires a focalised body for stakeholder consultation and advice on
defined elements of the policies that may affect aquaculture. To this end, the
Commission proposes to set up a new Advisory Council for Aquaculture.

For issues not covered by the Advisory
Councils, the Commission wants to ensure the broadest possible involvement of
all interested parties in a cost-effective manner. A flexible, streamlined
mechanism will also be developed to provide advice and expertise to the
Commission.

The success of the proposed reform of the
CFP depends greatly on a winning combination of compliance by operators
and effective enforcement by public authorities. The reform proposals
build on the new Control and IUU regulations[11].
Additionally, the proposed Basic Regulation introduces the principle of conditionality,
according to which the availability of certain financial or other resources for
either the Member States or individual operators is linked to compliance with
CFP rules.

2.6.
Smarter financing

Future EU financial support, while
covering the whole range of activities, from primary production to processing
and marketing, should be strictly geared to achieving the reformed CFP's
objectives. Future public funding for the sector will be thoroughly reformed
and simplified, mirroring the objectives of the proposed new CFP. It will be
fully aligned with the Europe 2020 objectives. The Commission also proposes to
modernise the intervention regime under the Common Market Organisation.
This system no longer reflects the changing balance in supply and demand.
Spending public money to destroy fish is no longer justifiable. The current
regime will be replaced by a simplified storage mechanism to foster a minimum
level of market stability.

2.7.
Projecting the principles of the CFP
internationally

The EU’s external actions must be
consistent with the principles and objectives of the CFP, namely sustainability
and the need to safeguard marine ecosystems. Action taken will be guided by
developing and using the best available scientific knowledge, and stronger
cooperation to ensure better compliance. The Commission has presented the new
orientations for the external dimension of the reformed CFP in a separate
Communication.

The EU will play a stronger role in
Regional Fisheries Management Organisations so as to strengthen them. It will
do likewise in multilateral bodies such as the UN or the Food and Agriculture
Organisation, to the same end. The EU will also promote sustainable resource
management through enhanced dialogue with key partners and further engagement
with non-EU countries. It will also step up actions, particularly as regards
the fight against illegal, unreported and unregulated activities and reducing
fleet capacity.

Sustainable Fisheries Agreements (SFAs)
with non-EU countries need to be reoriented towards achieving more sustainable
management of fishery resources through a transparency clause that ensures that
EU vessels only fish resources that the partner country cannot or does not wish
to fish itself. SFAs must focus more on science, monitoring, control and
surveillance. A human rights clause should be included in all future
agreements.

The EU will continue to promote and apply
the objectives of the CFP for the so-called northern agreements which
provide for shared resource management between the EU and non-EU countries with
which the EU shares stocks in the North-Atlantic, Arctic, Baltic and North Sea
waters.

Summary of new measures proposed in the
CFP reform package

Conservation and sustainability || Maximum Sustainable Yield as conservation target with deadline (2015)

|| Elimination of discards through landing obligation and necessary management rules with timeline for introduction

|| Multi-annual plans focused on essential objectives, targets, boundaries and time frames, based on the ecosystem-based approach to fisheries management

|| Authorisation for Member States to take measures under EU law on multi-annual plans and technical conservation measures

|| Fast-track procedures to adopt fisheries measures needed under environmental management (Natura 2000)

Data and Science || Obligation for Member States to collect and provide data, and to prepare (regional) multi-annual data collection programmes

|| National fisheries research programmes with regional coordination among Member States

|| Focusing the work of STECF on essentials

Access to resources and fleet capacity || Transferable fishing concessions mandatory for large-scale fleets — with transferability at national level

|| Moving away from fleet-related subsidies

Aquaculture || National strategic plans 2014-2020 on promotion of aquaculture

|| Set up of a new Advisory Council for Aquaculture

Market policy || Empowerment of Producers Organisations and Inter-branch Organisations to increase their role and responsibility on production and marketing planning with emphasis in sustainable fishery resource management and reducing the impact of the aquaculture activities

|| Modification of intervention regime, by setting up one single intervention mechanism for storage

|| Fixing intervention prices at decentralised and adequate level

|| Strengthened consumer information and review of marketing standards

Governance || Expand the role of Advisory Councils in the implementation of the CFP at regional level

|| New approach to stakeholder involvement on horizontal issues not covered by the Advisory Councils

Financial instrument || Full alignment with the Europe 2020 Strategy

|| Conditionality provisions on compliance with the rules — both applicable to Member States and to individual operators

External dimension || Regional Fisheries Management Organisations — enhanced EU involvement in Regional Fisheries Management Organisations to strengthen science, control and compliance within these fora in order to improve their performance.

|| Multilateral — joint actions with EU’s most important partners aimed at combating IUU fishery and reducing overcapacity.

|| Better coherence between EU fisheries, development, trade and environment policies.

|| Sustainable Fisheries Agreements — enhanced science base and clear identification of surplus resources in partner countries to ensure sustainable fishing practices in these countries by our fleet. Larger financial contribution by industry and establishment of a high-quality governance framework. Human rights clause should be included in all future agreements

[1]               COM(2009)163 final of 22 April 2009.

[2]               See also SEC(2010)428 final of 16 April 2010 Synthesis
of the Consultation on the Reform of the Common Fisheries Policy.

[3]               Communication from the Commission EU 2020 A
strategy for smart, sustainable and inclusive growth (COM(2010)2020 of 3
March 2010) sets out the strategy to help the EU come out stronger from the
crisis and turn the EU into a smart, sustainable and inclusive economy
delivering high levels of employment, productivity and social cohesion. Europe
2020 sets out a vision of Europe’s social market economy for the 21st century.

[4]               Communication from the Commission A
resource-efficient Europe — Flagship initiative under the Europe 2020 Strategy,
COM(2011)21 of 26 January 2011.

[5]               Commission Staff Working Paper – Impact Assessment
Accompanying Commission proposal for a Regulation of the European Parliament
and of the Council on the Common Fisheries Policy [repealing Regulation (EC) No
2371/2002]

[6]               As defined under Directive 2008/56/EC of the European
Parliament and of the Council of 17 June 2008 establishing a framework for
community action in the field of marine environmental policy (Marine Strategy
Framework Directive).

[7]               SPECIAL REPORT No 7/2007 on the control, inspection
and sanction systems relating to the rules on conservation of Community
fisheries resources together with the Commission’s replies.

[8]               Commission Staff Working Paper – Impact Assessment
Accompanying Commission proposal for a Regulation of the European Parliament
and of the Council on the Common Fisheries Policy [repealing Regulation (EC) No
2371/2002]

[9]               Swift ratification by Member States of the
International Labour Organisation’s 2007 Work in Fishing Convention is another
important step towards ensuring decent working conditions on board of fishing
vessels. This Convention will come into effect when it is ratified by 10 of the
ILO’s 180 member States (including eight coastal nations). The Convention aims
at improved occupational safety and health and medical care at sea, sufficient
rest for their health and safety, the protection of a work agreement, and the
same social security protection as other workers.

[10]             Communication from the Commission to the Council and
the European Parliament: Building a sustainable future for aquaculture — A new
impetus for the Strategy for the Sustainable Development of European
Aquaculture — COM(2009)162 final of 8 April 2009.

[11]             Council Regulation (EC) No 1224/2009 of 20 November
2009 establishing a Community control system for ensuring compliance with the
rules of the common fisheries policy, and Council Regulation (EC) No 1005/2008
of 29 September 2008 establishing a Community system to prevent, deter and
eliminate illegal, unreported and unregulated fishing.