Opinion on the proposal for a Council Regulation (EC) establishing the rules for access to certain Community fishing areas and resources () (94/C 397/11)

On 8 September 1994 the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the abovementioned proposal.

The Economic and Social Committee decided to appoint Mrs Santiago as Rapporteur-General for its Opinion.

At its 320th Plenary Session (meeting of 23 November 1994), the Economic and Social Committee adopted the following Opinion by a large majority, with seven dissenting votes and ten abstentions.

1. Introduction

1.1. The Act of Accession of Spain and Portugal provides for adjustments to the transitional arrangements in the fisheries sector as of 1996.

1.1.1. Council Regulation (EC) No 1275/94 on adjustments to the arrangements in the fisheries chapters of the Act of Accession provides for the full integration of Spain and Portugal into the general scheme of the Common Fisheries Policy.

1.1.2. This integration must fully comply with the 'acquis communautaire', particularly with regard to the principle of relative stability and the exceptions to the principle of free access to waters as laid down by Council Regulation (EEC) No 3760/92.

1.2. Dwindling fishery resources in an expanding market have determined the course of the Common Fisheries Policy. Free access to waters and resources must therefore be governed by a body of rules which controls fishing and ensures that the means used are appropriate to the resources available, in order to safeguard the stability and balance of these resources.

1.2.1. Under the terms of Regulations 3760/92 and 1275/94, the conditions governing access must respect the principles of the Common Fisheries Policy: relative stability, no increase in fishing effort, and preservation of the balance of resources, with due account for biological, geographical and geomorphological conditions, particularly in highly sensitive areas.

1.2.2. Pursuant to Article 3 of Regulation 1275/94 on adjustments to the arrangements for Spain and Portugal, the Commission has been given a mandate by the Council to draw up rules governing access to the waters and resources of certain Community fishing areas.

2. General comments

2.1. The Committee is pleased to note the Commission's intention to take account of the main guidelines of the Common Fisheries Policy and, in particular, Council Regulation 1275/94. However, the Committee feels that the approach taken in the proposals does not adequately meet those guidelines. Nevertheless, the Committee believes it to be useful to comment on specific aspects of the proposals as they stand.

2.1.1. The declaration of principles contained in the Commission proposal effectively safeguards the fundamental principles of the CFP, to which economic operators remain committed. However, having studied the proposal in detail, the Committee wonders whether these principles are duly upheld.

2.1.2. Although the Commission maintains that the proposal is less bureaucratic than the access arrangements laid down in the Spanish and Portuguese Act of Accession, the Committee fears that the new scheme could prove even more bureaucratic. This is a flagrant contradiction of the Council conclusions of June 1993, which clearly established that the CFP should be as simple as possible.

2.1.3. The Committee has reservations about the Commission's proposal to determine the levels of fishing effort in terms of 'standard vessel days' (SVDs). These are to be obtained by converting the levels laid down in the Act of Accession in 1986.

2.1.3.1. The Committee is afraid that this method might not properly reflect the previous delicate balances established in the Act of Accession, and could affect safety at sea. It cannot be assumed that the 511 kW co-efficient sufficiently reflects the capacity of fishing vessels throughout the EU.

2.1.4. The Committee () has already discussed various important aspects of the adjustment of the Spanish and Portuguese accession arrangements, and has stressed the need for the conditions governing access and fishing activity to respect certain principles:

- recognition by all parties that historical rights no longer apply in another's territorial waters (12-mile zone);

- limited access to the EEZs, in terms of number of vessels, areas, period of fishing activity and type of fishing;

- principle of reciprocity, alongside the need for special consideration of the EU's outermost regions such as the Azores, Madeira and Canary Islands, where fishing is especially important and is crucial to the socio-economic development of the population.

2.2. The present proposal should do more to allay these concerns.

3. Specific comments

3.1.

Article 1

Article 1(1): The subdivisions used in Annex I bracket ICES areas VIIIce, IX, X and CECAF areas together, while other areas receive more individual treatment.

The Committee wonders whether this will allow fishing effort in these areas to be properly safeguarded and distributed.

The Committee notes the Commission representative's undertaking to review the situation.

3.2.

Article 2

Article 2(1): The Committee has serious misgivings about the proposal to express fishing effort in terms of standard vessel days (SVDs):

a)

This expression of a vessel's fishing effort is too general. The power of the vessel's main engine should not be the only criterion used, especially for longliner and trawl fleets.

b)

The number of days spent in the fishery area is not a faithful reflection of fishing effort, as this also depends on local weather conditions.

c)

The catch of each vessel will vary considerably, depending on the gear used and the number of fishing hours.

The Committee is afraid that the Commission's definition of fishing effort will lead vessels to fish too intensively during their period in the fishery area, and jeopardize the work and fishermen's safety.

The Committee also fears that the proposed definition will affect the economic viability of vessels.

Done at Brussels, 23 November 1994.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 247, 3. 9. 1994, p. 4.

() SEC (92) 2340 final - OJ No C 304, 10. 11. 1993, p. 5.