Second report from the Commission to the Council and the European Parliament on the implementation of the statement of conclusions from the intermediate ministerial meeting on the integration of fisheries and environmental issues, 13-14 March 1997 in Bergen
Date: 1999-06-02
Institutions: European Commission
Subjects: Norway, common fisheries policy, environmental protection, fishery management, ministerial meeting

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 02.06.1999
COM(1999)270 final

SECOND REPORT FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

ON THE IMPLEMENTATION OF THE “STATEMENT OF CONCLUSIONS
FROM THE INTERMEDIATE MINISTERIAL MEETING ON THE
INTEGRATION OF FISHERIES AND ENVIRONMENTAL ISSUES, 13-14
MARCH 1997 IN BERGEN”

1.

INTRODUCTION

This report is structured in a similar way as the one that was produced by the
Commission in 1998 (COM(1998) 326 final of 19.05.1998). Thus, like its predecessor,
this
report does not elaborate on the sections called Guiding Principles,
Management Objectives and Strategies. The report deals with the Section called
Actions, which makes up the larger part of the Statement of Conclusions and which
most directly addresses the competent authorities. Generally, this report is concerned
with actions taken at Community level, it does not contain extensive information on
action taken by individual member States.

2. REBUILDING OR MAINTENANCE OF SPAWNING STOCK BIOMASS

(Sections 6 and 7 of Statement of Conclusions)

In the course of 1998 ICES adopted a precautionary approach to fisheries management
(target and limit reference points; see below). This precautionary approach was fully
incorporated into ICES’s management advice on the commercial fish stocks for 1999,
which became available in November 1998.

The precautionary approach to fisheries management as developed by ICES was
adopted to a significant extent by the Commission when it prepared its proposal for the
1999 TACs and quotas. During its meeting in December 1998 the Council was able to
adopt without alteration the majority of TACs as proposed by the Commission for fish
stocks occurring in the area covered by the North Sea Conference (Council Regulation
(EC) No 48/1999 of 18 December 1998).

During the yearly bilateral meeting in 1998 between the EC and Norway on the North
Sea fish stocks, the parties noted that according to reporting by ICES a number of
important North Sea demersal and pelagic stocks are close or outside safe biological
limits. They agreed that sustained efforts are needed to improve the overall stock
situation.

The EC and Norway agreed, in the light of the current stock situation for plaice, to
continue to apply a multiannual management strategy aimed at restoring spawning
stock biomass. The TAC for plaice for 1999 as set by the EC and Norway should lead
to a reduction, as compared to 1998, in fishing mortality rate and should aid in
rebuilding the spawning stock.

Although the herring stock shows encouraging signs of
recovering from the
disconcerting state it was in in 1996, the EC and Norway concluded that it is necessary
to continue the basic provisions of the herring recovery plan that was established
between them in 1996. Specific provisions for the directed sprat fishery aimed at
limiting bycatches of juvenile herring were continued for 1998 and 1999.

The bilateral talks between the EC and Norway, initiated in 1995, on the improvement
of the management scheme for mackerel (including issues like target mortality rate and
minimum spawning stock level) were continued in 1998. Although progress continues

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to be made, this process has not yet come to a conclusion. This is partly due to the
complexity of the issue. The TACs for 1998 and 1999 were set in accordance with
agreed target mortality rates.

There are hopeful indications that in the last few years the fishing mortality rate for cod
has been declining. The spawning stock biomass has recently increased and is expected
to increase further as the abundant 1996 year class matures. For 1999 the TAC has
been set at 132,400 tonnes, which corresponds to a significant further decrease of
fishing mortality rate for this stock. In this way,
the EC and Norway hope to
consolidate the progressive rebuilding of the spawning stock biomass.

The EC and Norway agreed to have a meeting in the first half of 1999 on the
implementation of a precautionary approach to fisheries management. At this meeting
the majority of commercially important North Sea stocks will be discussed.

During the abovementioned Council meeting the Commission was requested to
consider proposing, for the first time, TACs for the North Sea stocks of spotted
dogfish and northern prawn (there already exists a TAC for this latter species in
Skagerrak/Kattegat). The Commission committed itself to submit proposals to that
effect to the Council early in 1999.

In 1998 ICES established target and limit reference points for most of the stocks
indicated in the Annex to the Statement of Conclusions. Reference points were
established for cod, haddock, herring, mackerel, northern prawn, Norway pout, plaice,
saithe, sand eel, sole and whiting. The precautionary approach to fisheries management
based on the reference points established by ICES has not yet been formalised by
Council.

As far as the establishment of stock assessments and forecasts are concerned, it can be
reported that these have been newly established by ICES for anglerfish, megrim,
Norway pout and sand eel.

3. REDUCTION OF FISHING FLEET CAPACITY AND/OR DEPLOYED FISHING EFFORT

(Section 6.9 of Statement of Conclusions)

Objectives for the capacity and/or deployed fishing effort of the Community fleet are
fixed by multi-annual guidance programmes (MAGPs). These are established in
accordance with Article 11 of Council Regulation (EEC) No 3760/92, the “basic
regulation”, and aim to reduce fleet capacity and effort to levels that will ensure a
long-term balance with the available resources. The current programme is the fourth in
the series and covers the period 1.1.1997-31.12.2001 (MAGP IV).

The guidelines for setting the objectives of the MAGP IV were given by Council
Decision 97/413/EC of 26 June 1997. These call for reductions in fishing effort of 30%
on stocks in risk of collapse and of 20% on over-fished stocks. The rates are
moderated according to the percentage of the catch made up of these stocks. Vessels
of less than 12 metres overall length that use passive gears are exempted from any
reductions in capacity.

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The MAGP IV identifies fleet segments for each Member State and according to the
stocks exploited and the fishing gears employed fixes the effort reduction objectives to
be achieved for each segment by 31.12.2001. Annual intermediate objectives are also
fixed in order to ensure that the reductions are achieved progressively. During 1997,
the Community fleet was reduced by approximately 2% in tonnage and 3% in power.

For vessels using active gears such as trawls or purse seines, the effort reductions
under the MAGP IV can be achieved by a mixture of activity and capacity reductions,
provided that the activity in clearly identified fisheries can be adequately controlled.
Germany, France, the Netherlands, Ireland, Sweden and the United Kingdom make use
of this provision in some fleet segments. All other Member States intend to achieve the
MAGP IV objectives purely by reductions in capacity.

4.

PROTECTION OF JUVENILE FISH, CRUSTACEANS AND MOLLUSCS

(Section 8 of Statement of Conclusions)

One of the possible measures that could lead to a mid-term increase of the spawning
stock biomass for cod is the establishment of boxes to protect aggregations of juvenile
specimens.
In the case of cod juveniles not aggregating in clearly delineated
geographical areas for sufficiently long time-periods generally hamper this approach. In
spite of this difficulty, a number of Member States were able in early 1998 to establish,
in the form of concerted national measures, a temporary closure to protect a local
aggregation of juvenile cod in the German Bight.

The Council decided to establish, as a temporary measure for the time being, different
mesh sizes for fixed gears for catching greater and lesser spotted dogfish, respectively.
These two species were originally lumped together under the same mesh size, which is
undesirable in view of the disparity in their respective adult body sizes.

On 30 March 1998 the Council adopted Council Regulation (EC) No 850/98 for the
conservation of fishery resources through technical measures for the protection of
juveniles of marine organisms. As of 1 January 2000 this regulation will replace the
current Council Regulation on technical conservation measures (Council Regulation
(EC) No 894/97 of 29 April 1997). Both the current and the newly adopted
regulations refer to, inter alia, the North Sea, the Channel and the Skagerrak. The
major aim of the new regulation (as is that of the current one) is to reduce as much as
possible catches of juvenile fish, crustaceans and molluscs.

In the framework of the revised technical measures regulation the Commission
submitted to the Council a proposal specifying rules for the use, during a single fishing
voyage, of more than one range of mesh size (“two-net rule”). This Commission
proposal also contains an extension of mandatory use of the logbook to groups of
vessels that have hitherto been exempt from this obligation. These measures, once
adopted by the Council, will become applicable on 1 January 2000.

Still within the context of the new technical measures regulation, two new Commission
Regulations are currently being worked on. One of these regulations will specify
provisions for vessels operating in the so-called plaice box (an area along the coasts of,

4

roughly, France, Belgium, Netherlands, Germany and Denmark harbouring large
concentrations of juvenile plaice). The other regulation will specify detailed rules for
the use of separator trawls or sorting grids in fisheries for shrimps; these provisions
should lead to increased escapement of juvenile flatfish.

5.

PROTECTION OF SPECIES AND HABITATS

(Section 9 of Statement of Conclusions)

Many of the measures that are described in other sections of this Report are beneficial
to all species as well as to commercial fisheries. In particular, the combination of the
yearly TACs/quotas-regulation, the technical measures regulation and the Multiannual
Guidance Programmes, which are all aimed at reducing and controlling fishing
mortality rates, will have beneficial effects on the North sea ecosystems.

Taking account of the possible adverse effects of the fisheries for sand eel on food
availability for certain species of sea birds, the Commission requested ICES for advice
on this issue in the near future. On the basis of this advice the Commission may submit
appropriate proposals to the Council.

The above measures are designed to reduce the impact of fishing on target and non-
target species. There are also specific EC measures for the overall protection of
species and habitats of Community interest. These are laid down in the Birds and
Habitats Directives, which apply to the coastal and marine areas as well as to terrestrial
sites. The keystone of the provisions of these Directives is the setting up of a
Community network of protected areas, known as Natura 2000.

The establishment of Natura 2000 has been delayed, largely through the failure of
many Member States to meet their legal obligations. In particular, Member States have
failed to submit their national lists of proposed Sites of Community Interest (pSCIs) by
the due dates. The Commission has pursued this in two ways: firstly by providing
technical assistance, in the form of workshops, seminars, conferences etc, to the
them in overcoming the difficulties which they have
Member States to assist
experienced, and, secondly, by instigating legal proceedings against
the countries
which continue to default.

In the context of technical assistance, a conference has been held on the specific
subject of implementing the Habitats Directive in marine and coastal areas, as well as
on the more general issues of funding, development of management plans, and securing
the cooperation of the local stakeholders.

From the legal side,
infringement proceedings have been started against several
Member States and are under consideration for others. The European Court of Justice
has already made some important judgements. These do not relate to marine problems
directly, but do indicate the success of the Commission in meeting its obligation to
ensure application of EC legislation in this field.

In fact, the submission of national lists of pSCIs has been steadily increasing. The first
biogeographical seminar for the Atlantic region should be held in the autumn of 1999.

5

This seminar will not lead immediately to adoption of the definitive list, but it will be a
milestone in implementation of the Habitats Directive in the Atlantic area. To date, all
of the thirteen Member States that are concerned by marine and coastal zones have
proposed sites which include at least one open sea or tidal habitat type in their list of
proposed Sites of Community Interest.

Annex V of the OSPAR Convention on protection of the ecosystems and biodiversity
of the maritime area, adopted in 1998, should also be mentioned. The preamble to this
Annex states that OSPAR will avoid duplication of actions already the subject of
measures agreed by other international organisations. The provisions of the Annex are
consistent with those of
the Birds and Habitats Directives. They will allow
OSPARCOM to adopt measures to ensure the protection of marine habitats and
species that are not directly covered by EC legislation. In this way, a complementary
programme of nature conservation measures for the Northeast Atlantic, including the
North Sea, should be obtained. The Commission supports the new Annex. The
Commission also supports the scientific initiatives of OSPAR, such as the work on
understanding marine ecosystems.

The conclusions of the meeting of OSPAR in 1998 also refer to the need for improving
the cooperation with the European Commission. Ways of achieving this are under
consideration.

The Commission has supported the Biomar project aimed at making a comprehensive
classification system for marine biotopes in UK and Irish waters. This will be followed
up by the European Topic Centre for Nature Conservation, in the framework of
developments in the EUNIS system. EC funding has also been given to some marine
projects through the LIFE instrument, for example the UK project on conservation
measures in marine Special Areas of Conservation.

The emphasis on coastal habitat types in the Habitats Directive has not happened by
chance. Much of the coastal zone is among the most environmentally stressed areas of
the North Sea. Many stresses come from activities on the land and in coastal waters,
but a significant number come from the offshore and deep-sea areas. The
Commission’s Demonstration Programme on Integrated Coastal Zone Management,
which involves various economic sectors (e.g.
tourism, fisheries) was
designed to document and assess causes of degradation and mismanagement of many
It will provide concrete examples of good practice in
of Europe’s coastal areas.
Integrated Coastal Zone Management
in a range of socio-economic, cultural,
administrative and physical conditions. The Commission wishes to encourage public
debate on this issue, and will shortly publish a consultation document based on the
results of the Programme to date.

transport,

6.

PROTECTION FROM ACTIVITIES OTHER THAN FISHERIES

(Section 10 of Statement of Conclusions)

To the extent that exposure to hazardous substances of aquatic species can affect
commercial fish stocks and species rather than marginal or threatened species, the
Commission is preparing a list of priority substances under the draft Water Framework

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Directive. These substances will be subjects of environmental quality objectives and
possibly product limitations if the objectives are not achieved through application of
Best Available Technology. This programme of work will complement that carried out
under IPPC Directive 96/61 aimed at reducing inputs of substances from industrial
installations.

On the agricultural side, the Commission organized a workshop on reduction in the use
of plant protection products which recommended consideration of, inter alia, banning
the use of such substances in especially vulnerable areas and accelerating the review of
active substances under Council Directive 91/414. Regarding the problem of
eutrophication caused by nitrates, the Commission has initiated proceedings against a
number of Member States for poor implementation of the Nitrates Directive 91/676.

Representing the Community as a contracting party in the OSPAR Commission for the
Protection of the Northeast Atlantic, the Commission supported the new strategies of
OSPAR on biodiversity, hazardous and radioactive substances and eutrophication, the
first of which is subject of a new annex to the Convention. Similarly the Commission
has supported programmes in the Commissions dealing with the protection of the
Baltic and Mediterranean seas.

7. CONTROL AND ENFORCEMENT

(Section 11 of Statement of Conclusions)

During 1998, the control system applicable to the Common Fisheries Policy was
thoroughly reviewed within the Community.

The Council subscribed unanimously to the analyses and conclusions set out in the
Communication on monitoring of fisheries (COM(98) 92 of 12.02.1998). Where
weaknesses in the system persisted after the reform of the control system in 1993, the
Action Plan “Improving the implementation of the common fisheries policy” (SEC(98)
949 of 05.06.1998) lists the actions to be initiated in response. Finally, at the end of
1998, the Council adopted a regulation, Council Regulation (EC) No 2846/98 of 17
December 1998, amending Council Regulation (EEC) No 2847/93 establishing a
control system applicable to the common fisheries policy1.

The above initiatives provide for:

1. enhanced cooperation between all authorities involved in fisheries control,
inspection and surveillance throughout all stages (from the catch to the consumer),

2. enhanced transparency, notably with regard to the follow-up of major infringements,

3. more autonomy for the Commission’s fisheries inspectors, and

1

OJ L 358 of 31.12.1998, p.5

7

4. enhanced monitoring of third country vessels landings in the Community.

These measures will enter into force in the course of 1999.

to the decisions to make satellite surveillance compulsory, position
Pursuant
communication devices have been installed on the first group of Community fishing
vessels, for which this requirement entered into force on 1 July 1998. As from 1
January 2000 all Community fishing vessels with a length over 20 meters will be
equipped with such Vessel Monitoring System devices (VMS). As from this date, third
country vessels operating in Community waters will also be required to be equipped
with VMS.

Early in 1999 the Commission submitted to the Council a proposal for a regulation
“establishing a list of types of behaviour which seriously infringe the rules of the
Common Fisheries Policy” (COM(99) 70 of 19.02.1999). This proposal was first
debated at the March Fisheries Council.

Several exchanges of fisheries inspectors between Member States and third parties
surrounding the North Sea have taken place in which fisheries inspectors from the
Commission also took part. These exchanges familiarised inspectors with inspection
procedures and practices applied by other parties and have improved communication
between authorities by the establishment of personal contacts.

Experts from the EC, Norway and the Faroe Islands met bilaterally and trilaterally, as
well as in the framework of NEAFC to discuss matters pertaining to control and
enforcement of conservation measures. The exchange of information on landings by
flag vessels has improved considerably. The parties contributed to the establishment of
an electronic data exchange system within NEAFC, which will be implemented in the
near future and may be used for bilateral data exchanges.

The EC and Norway are committed bilaterally to improve control in mackerel fisheries.
A working group has been established in order to review landing procedures and
notably the weighing of landed fish.

8.

SCIENCE, TECHNOLOGY AND ECONOMIC IMPACTS

(Sections 12 through 15 of Statement of Conclusions)

In the revised technical measures regulation adopted by the Council in March 1998 the
Member States commit themselves, when applying for funding by the Commission
during the years 1998, 1999 and 2000, to give priority to experimental projects that
are concerned with the utility of square-meshed panels or other devices for increasing
the selectivity of towed gears. The Commission is committed to give priority for
funding to such projects.

The Commission provides funds in support of studies relevant
to the Common
Fisheries Policy in all its aspects, including in particular scientific sampling programmes
for relevant fisheries. In the 1999 Call for Proposals it was established that priority will

8

be given, as far as the North Sea area is concerned, to studies dealing with cod or
plaice.

In 1998 the final report of the so-called IMPACT Project became available. The report
is called “The effects of different types of fisheries on the North Sea and Irish Sea
benthic ecosystems”. This research project was financed by the EC. The report has
been made available to ICES for scientific evaluation and management advice.

9.

INFORMATION AND INVOLVEMENT

(Sections 16, 17 and 18 of Statement of Conclusions)

The series of meetings on a regional basis on the management of certain fisheries was
continued throughout 1998 and in the beginning of 1999. Participants in these
meetings included the regionally involved Member States, the industry, scientists and
economists. Three such meetings took place in the period 1998-1999; the subjects
were North Sea flatfish fisheries, Northeast Atlantic pelagic fisheries and demersal
fisheries in the Celtic Sea area. These meetings were follow-up meetings to the ones
held previously on the same topics and evaluated by the Commission in a
Communication (COM(1998) 145 of 18.03.1998).

In 1998 the Commission initiated a series of informal meetings with non-governmental
organisations expressing an interest in fisheries. These NGOs include environmentally
oriented groups as well as groups concerning themselves with developing countries.
The purpose of these meetings is to inform NGOs and to be informed by their
opinions.

10. FURTHER INTEGRATION OF FISHERIES AND ENVIRONMENTAL POLICIES

(Sections 19 and 20 of Statement of Conclusions)

The Commission has requested its Scientific, Technical and Economic Committee for
Fisheries to set up a work programme for research activities on the biological impact
of fisheries. This programme should be established in the course of 1999.

The Commission is aware of international developments as regards the concept
precautionary approach. The Commission attended meetings on this subject organised
by, inter alia, ICES, NAFO and NASCO. The Commission intends to evaluate the
output of these meetings.

In February 1999 the EC participated in the FAO Fisheries Committee (COFI), where
the International Plans of Action for reducing incidental catch of seabirds in longline
fisheries, for the conservation and management of sharks and for the management of
fishing capacity were adopted. Another issue discussed at COFI was the outcome of
the FAO Technical Consultation on the feasibility of drafting guidelines for eco-
labelling fisheries products. This Consultation, in which the EC participated, took place
in October 1998.

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In February 1998 the Commission adopted a Communication to the Council and to the
Parliament on a European Community Biodiversity Strategy (COM(1998)0042). This
strategy defines,
inter alia, specific objectives for the integration of biodiversity
concerns into Community fisheries policies and instruments. The strategy will be
followed by the development of a specific Action Plan on fisheries and biodiversity that
will be presented to the Council and to the Parliament in the year 2000.

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