Communication from the Commission to the Council and the European Parliament - Elements of a Strategy for the Integration of Environmental Protection Requirements into the Common Fisheries Policy
Date: 2001-03-16
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, environmental protection, fishery management, fishing regulations, marine environment

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.03.2001
COM(2001) 143 final

COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

Elements of a Strategy for the Integration
of Environmental Protection Requirements
into the Common Fisheries Policy

1.

2.

3.

4.

4.1.

4.2.

4.3.

4.4.

4.5.

4.6.

4.7.

4.8.

Introduction........................................................................................................ 3

The requirements of integration and the Main environmental concerns............... 4

Towards a strategy for integration. Community Objectives and their context...... 6

Elements to implement the integration strategy. Rationale and topics to be

covered......................................................................................................... 8

Cross-cutting topics: ..................................................................................... 10

Conservation of marine ecosystems .............................................................. 12

Research....................................................................................................... 13

Structural policy ........................................................................................... 14

Post-harvesting practices. Market and trade policy........................................ 15

International fisheries context....................................................................... 17

Aquaculture.................................................................................................. 18

Effects of environment changes on fisheries ................................................. 19

5. Calendar of activities........................................................................................ 19

6. Monitoring. Performance indicators and periodic reporting .............................. 20

7. Revision procedure........................................................................................... 21

8. Conclusions...................................................................................................... 21

2

Elements of a strategy for the integration of environmental
protection requirements into the Common Fisheries Policy

Summary

This Communication intends to set
the basis of a strategy for enhancing the
integration of environmental protection requirements into the Common Fisheries
Policy. The strategy is to be adopted by the Council in the context of the Cardiff
process to achieve the objectives of Article 6 of the Treaty. Furthermore,
the
Communication will contribute to the forthcoming debate about the reform of the
Common Fisheries Policy.

the current

situation and underlines

The document describes
that, although
environmental integration is to a large extent inherent in any policy concerning use of
marine resources, more attention should be paid, beyond the conservation of fisheries
resources of commercial importance, to the consideration of a broader context where
the whole marine ecosystem(s) should be safeguarded. In order to define the main
actions to be taken, this Communication reviews the environmental concerns which
including Community commitments in the internal and
need to be addressed,
international contexts. Subsequently,
the objective of integration is defined as
achieving a contribution from the Common Fisheries Policy towards the attainment of
environmental objectives in the aquatic environment. A series of actions is proposed,
classified by topics, complementing the action suggested in other Commission
documents, such as the Biodiversity Action Plan for Fisheries, and followed by a
suggested timetable. Finally, it is proposed to adopt performance indicators and a
revision process in order to monitor and report on the effectiveness of the strategy
and, as appropriate, reinforce implementation and enforcement or review the strategy.

1.

INTRODUCTION

Integration of environmental protection requirements into Community
policies emanates from Article 6 of the Treaty establishing the European
Community:

“Article 6

Environmental protection requirements must be integrated into the definition
and implementation of the Community policies and activities referred to in
Article 3, in particular with a view to promoting sustainable development.”

The European Council has, since its meeting in Cardiff (June 1998),
committed itself to achieving this integration in a progressive manner. The
Commission has intervened in the process by producing the main elements
for debate. Following the calendar foreseen in the Cologne (June 1999) and
Helsinki (December 1999) summits, the Fisheries Council has adopted a
report on integration1 which was presented to the European Council of Santa

1

Reference to the report of Santa Maria da Feira.

3

Maria da Feira (June 2000) and shall adopt, before June 2001, a strategy to
achieve integration into the Common Fisheries Policy, to be presented to the
European Council of Göteborg.

This communication is intended to constitute the basis for the adoption of an
integration strategy for the Common Fisheries Policy.

2.

THE REQUIREMENTS OF INTEGRATION AND THE MAIN ENVIRONMENTAL
CONCERNS

Fishing activities,
environment in various ways:

including aquaculture,

interact with the marine

– directly, by removing both target and by-catch species, which may lead to
unfavourable conservation status of some of them, possibly leading to
their extinction or local extirpation;

– indirectly, by modifying the energy flow through the food web, which
may affect the conservation status of other species of the ecosystem (e.g.
the removal of prey items may pose conservation problems to predatory
species);

– directly (e.g. bottom trawling) or indirectly (e. g., sediments or waste from
some aquaculture installations) by modifying the physical environmentand
threatening the diversity of habitats which may in turn have an effect on
their potential to host both commercial and non-commercial species;

– environmental changes, either due to natural causes or

to human
in turn affect the productivity of marine ecosystems and

intervention,
hence fisheries.

Many examples of these effects illustrate why there is a need for full
integration of environmental considerations into fisheries management.
Beyond the legal obligation derived from the Treaty, there is an ethical
obligation to ensure that these effects do not become large, unmanageable or
irreversible. The Fisheries Council’s report on integration outlines the extent
to which environmental issues are already integrated into the provisions of
the CFP. As fisheries resources are at the core of all fishing activities, and
considering that the availability of such resources is linked to favourable
environmental conditions, one might expect that protection of ecosystems are
already integrated to a large extent into the policy of conservation of such
resources. This
important
achievements to protect non-target organisms (such as by-catch regulations
or the driftnet ban), the food web (North Sea sandeel box) or sensitive
habitats (Posidonia beds, corals).

is however only partially true, despite

4

In the first place, some aspects of the CFP have not performed adequately:

(a) Overexploitation of major commercial stocks is still a problem.
Although it is recognised that the conservation policy has achieved
important goals in some areas, the fact is that at present the most
valuable stocks continue to be over-exploited. As a result, the output
expected from fisheries
is reduced and some fish populations are at
risk of collapse.

(b)

(c)

Some non-target organisms and the physical environment are also
suffering from this excessive fishing activity. This may put populations
and habitats in danger, reduce biodiversity and affect the productivity
of ecosystems.

investment

The capacity of the European fleets is excessive, despite the efforts to
reduce it through structural policy action. Moreover, it can be argued
that parts of the structural policy, such as Community financial support
for
in new fishing capacity or modernisation, has
contributed to excess capacity. Excess capacity leads inevitably to an
excessive deployed fishing effort, the ultimate cause of problems a)
and b) mentioned above, difficulties in monitoring and enforcement
and over-capitalisation, which reduces the economic efficiency of the
fleet as a whole.

(d) Despite important achievements of aquaculture in the field of
environmental protection, some threats still exist
in respect of the
quality of water, dissemination of diseases and parasites and
introduction of alien species.

(e)

Some of
the policy instruments foreseen in the basic fisheries
Regulation of 1992 have worked unsatisfactorily or have simply not
been implemented.

the Common Fisheries Policy has traditionally dealt with
Secondly,
environmental matters in a reactive way, when they become a major
problem, rather than integrating environmental concerns into all management
considerations in a proactive manner. A lack of scientific knowledge about
the functioning of marine ecosystems and the side-effects of fishing is one
reason for
there has also been, more importantly,
insufficient acknowledgement of the need for an environmental approach to
deal with the broad spectrum of fisheries issues. This has occurred at all
to fishermen, and including associated
levels,
industries and consumers.

from decision-makers

this situation, but

The situation has, however, started to change. Fishery managers all over the
world are progressively incorporating environmental concerns into their
decisions. Increasingly, the fishing industry is realising that the current state
of affairs is not only unsustainable in the long term but is also generating a
loss of profitability and, equally important, a loss of public support. More
enlightened fishermen are beginning to understand that adapting to fishing
practices which incorporate environmental protection is not only inevitable

5

but, as for other forms of industry, can also become a source of greater
prosperity.

Finally, fishermen consider that the environment is a cause of concern for
their own activities and that this fact is often neglected by fisheries managers.
Pollution and habitat changes may be a cause of stock decline; climate
change may significantly alter existing oceanographic features, modifying
the species distribution and abundance and hence the availability of certain
stocks in certain areas; harmful algal blooms or dioxine concentrations may
be a threat to human health and therefore can adversely affect the marketing
of catch; the presence of algae may disturb fishing operations. To be fair to
the fishing industry, a policy of environmental integration should also take
into account these aspects.

3.

TOWARDS A STRATEGY FOR INTEGRATION. COMMUNITY OBJECTIVES AND
THEIR CONTEXT

The ultimate objective of the integration strategy must be to achieve a real
contribution from fisheries policy towards the attainment of environmental
objectives in the aquatic environment within a broader context of sustainable
development. Environmental objectives are set out in Article 174 of the
Treaty as follows:

–

–

–

–

preserving, protecting and improving the quality of the environment;

protecting human health;

prudent and rational utilisation of natural resources;

promoting measures at
world-wide environmental problems.

international level to deal with regional or

Reciprocally, the environmental policy should contribute to attaining the
objectives of the common fisheries policy, in particular the sustainable use of
natural resources under appropriate economic and social conditions for the
sector. Integration should also mean that the fisheries policy should assume
the principles of the environmental policy referred to in Article 174 of the
Treaty, such as the precautionary principle, the precedence of preventive
action,
the need to rectify environmental damage at source and the
responsibility of the authors of environmental damage.

The fisheries context offers an opportunity for environmental objectives to be
attained more successfully than on other areas if the appropriate action is
taken. In the first place, there is a reasonable amount of technical knowledge
to base action upon. Secondly, there is a broad consensus that the long-term
cost of no action would be unaffordable and therefore something should be
done. Thirdly,
these will be largely
compensated by long-term benefits. And finally, the CFP is currently being
reviewed, which increases the possibility to accommodate integration
requirements within Community rules.

if short-term difficulties may arise,

6

Environmental obligations have been acquired at both the Community and
international level:

EC policy

–

–

–

–

Art. 6 of Treaty; as already stated in the introductory chapter, this sets
out the will of the Community to integrate environmental concerns
within fisheries policy with a view to promoting sustainable
development.

Art. 174 of the Treaty defines the objectives of the Community policy
on the environment and certain basic principles and guidelines which
are to be assumed by the Common Fisheries Policy

For the Common Fisheries Policy, the appropriate legal text is Council
Regulation (EEC) No 3760/92 of 20 December 19922. This Regulation
stipulates (Article 2) that the CFP shall take account of its implications
for the marine ecosystem.

Operative environmental obligations are clearly defined in Council
Directive 79/409/EEC on the conservation of wild birds (“Birds”
Directive) and in Council Directive 92/43/EEC on the conservation of
natural habitats and of wild fauna and flora (“Habitats” Directive).
Both legal instruments build on Article 174 of the Treaty and define
management requirements which fall mostly within the responsibility
of Member States. However, whenever these requirements imply the
regulation of fishing activities, then it is for the Community, on the
basis of Article 37 of the Treaty, to adopt the necessary measures.

International obligations

–

–

–

The Community has ratified the UN Convention on the Law of the Sea
(UNCLOS), which sets out obligations concerning the exploitation of
marine resources for both the Exclusive Economic Zones (EEZ) and
the high seas, as well as obligations related to the protection of the
marine environment. The Community is also in the process of
ratification of
on conservation and
management of straddling stocks and highly migratory fish. Both legal
frameworks advocate the taking into consideration of the impact of
fishing on the marine environment.

the New York agreement

The Community is a party to several Regional Fisheries Organisations
(RFO) which include among their objectives the protection of the
marine environment or which adopt an ecosystem-based approach to
fisheries management.

Member States have adopted the FAO Code of Conduct
for
Responsible Fishing. The Code gives an ecosystem perspective to
fishing activities which encompasses the effects of fishing on marine

2

OJ L 389, 31.12.1992, p. 1.

7

–

–

–

transparent management based on the
ecosystems, a need for
precautionary approach and involving stakeholders and requirements in
the field of trade, international cooperation and research.

The Community has ratified or signed a number of conventions and
agreements on Nature conservation whose objectives have direct or
indirect bearing on fisheries management. Examples of these are the
Convention on Biological Diversity (CBD), the Convention on the
conservation of migratory species of wild animals (Bonn Convention),
the Convention on the Conservation of European Wildlife and Natural
Habitats (Bern Convention). Several conventions on the protection of
the marine environment, such as the Convention for the protection of
the marine environment of the Baltic Sea area (HELCOM),
the
Convention for the protection of the north-east Atlantic (OSPAR) and
the Convention for the protection of the Mediterranean Sea against
these
pollution (Barcelona Convention) do the same. Most of
agreements require to various degrees the use of fishery management
instruments to achieve their conservation goals.

It is important to note that the Community and its Member States have
also signed the Århus Convention on access to information, public
participation in decision-making and access to justice in environmental
matters.

Finally,
the recommendations of a number of conventions and
agreements of which some Member States or national institutions are
members, such as the Agreement on the conservation of small
cetaceans of the Baltic and North seas (ASCOBANS), the Agreement
on the Conservation of Cetaceans of the Mediterranean and Black Seas
(ACCOMABS), and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES), have a bearing
on fishing activities.

All the preceding commitments share the same ultimate objective, which is
to find a compromise between the necessity to make use of natural marine
resources in an efficient and sustainable manner and the need to preserve the
structural and functional integrity of the marine ecosystem.

4.

ELEMENTS TO IMPLEMENT THE INTEGRATION STRATEGY. RATIONALE AND
TOPICS TO BE COVERED

The existing CFP provides a sufficient legal basis to develop appropriate
regulatory action in order to address the objectives of integration. .It would
be appropriate to take advantage of the forthcoming reform of the CFP to
embed in it both the integration objectives and the strategic management
elements required to achieve them.

8

A first and uppermost strategic step would be a change in attitude: any
management action should be performed taking into account that it may have
important effects on the marine ecosystem, even if their fine details are not
totally understood. This is equivalent to, or will result
in, adopting an
ecosystem-based approach to fisheries management3.

The extent
to which this approach will succeed in contributing to
environmental objectives will depend largely on the state of scientific
knowledge,
in particular on the structure and functioning of marine
ecosystems. Although there is still much to be achieved, existing knowledge
already permits steps in the right direction, on the basis of a judicious
application of the precautionary principle.

Within the context of an ecosystem-based approach, management decisions
will subsequently be based on environmental considerations together with
social and economic needs, and it will be for policy makers to make the best
use of the existing knowledge to establish a balance between ecosystem
conservation and socio-economic needs, as well as a balance, in terms of
gains or losses, between the consequences in the short and in the long term.
In establishing the required balance, three types of situations may occur:

The win-win situation:

Management action may support simultaneously both environmental and
socio-economic needs. This is the case, for example, where temporary
restrictions in fishing may increase the economic results of fishing while
providing protection to the ecosystems. If the socio-economic benefits appear
only after a period of short-term losses, these may be legitimately justified
and well accepted if the longer term gains compensate generously. The win-
win situation is clearly the preferred one.

The win-neutral situation:

An example of this would be the creation of an undisturbed area in
conditions where the fishing fleet can shift to adjacent areas without major
loss. In this circumstance it is likely that in the long term a situation of win-
win will occur, due to the beneficial effect of an improved marine ecosystem.
Management action leading to this situation may constitute a second ranking
priority. It is very unlikely that management action have positive socio-
economic effects while being neutral to the environment.

3

An extensive literature is available on this topic. See, for example, Pope, J.G. and D. Symes
(2000): “An Ecosystem Based Approach to the Common Fisheries Policy: Defining the
Goals”.

9

The win- lose situation:

Unfortunately,
this type of situation appears more frequently than is
desirable. An example could be a prohibition on using a fishing gear that is
very efficient for catching the target species but has an unsustainable by-
catch of other sensitive species. Here managers should make use of all
possible scientific,
information and their best
common sense to strike a balance.

technical and statistical

A second element of the strategy will be the acceptance of the environmental
principles set out under Article 174 of the Treaty (the precautionary principle
and the principles that preventive action should be taken, that environmental
damage should be rectified at source and that those responsible for the
damage should pay) and acknowledgement of their implications for fisheries
management. General views by the Commission on these principles can be
found in several official documents4 but, with the exception of application of
the precautionary principle to management of single fish stocks, little work
has been carried out to ascertain the implications of the application of these
principles to fisheries management. Work should progress in this field.

A third step in the definition of the integration strategy is the definition of
specific management actions to serve these objectives, associated with a
management plan including adequate monitoring, reporting and revision
schemes. The actions envisaged in the Communications of the Commission
on Fisheries Management and Nature Conservation in the Marine
Environment5 and on Biodiversity Action Plan for Fisheries6 constitute
minimum requirements and can be complemented or reinforced by further
management activities, described below by topics or policy areas.

4.1.

Cross-cutting topics:

fishing pressure. This is the most

Overall
the
Community. Excessive fishing pressure touches upon all aspects of the CFP,
It adversely affects the economics of
beyond pure fish stock conservation.
fishing and threatens the sustainability of employment
in the sector. A
substantial reduction of overall fishing pressure in a reasonably short time
frame should be the priority action.

important problem for

Integrated Coastal Zone Management (ICZM). The coastal zone is of
strategic importance for the Community as a source of wealth and health.
However, coastal zones are threatened by habitat destruction, pollution and
mismanagement of renewable and non-renewable resources. The solution to
these problems must be sought
in the framework of an integrated
management system, able to take into account the interrelationships between
all coastal zone uses (both on land and at sea) and allowing for the informed

4

5

6

See, as an example, COM(2000) 1 on the precautionary principle, COM(2000) 66 on
environmental liability, and COM(2000) 803 on the application of the precautionary principle
and multi-annual arrangements for setting TACs.
COM(1999) 363.
In progress.

10

participation of all the relevant stakeholders. The recent Communication
from the Commission to the Council and the Parliament on an European
strategy for Integrated Coastal Zone Management7summarises the main
conclusions and recommendations of the EU Demonstration Programme on
ICZM and outlines the actions necessary at EU level to promote ICZM. On
the basis of these conclusions, the Commission has presented a proposal for a
European Parliament
and Council Recommendation concerning the
implementation of ICZM in Europe8 with the aim of ensuring that Member
States provide a legal and regulatory framework by developing national
ICZM Strategies.

Control and enforcement. Although most directly related to fisheries
conservation, the control policy covers all other areas of the CFP. The
integration process will necessarily imply that control be extended to cover
the enforcement of measures taken in the framework of the integration
strategy. The development of appropriate indicators will also be necessary to
facilitate monitoring and enforcement.

Raising awareness. There is an increased awareness of the need to adopt an
ecosystem vision of the problems associated with fishing. NGOs have
undoubtedly played an important role in disseminating this awareness.
However, there is still a clear requirement to take advantage of the current
trend and improve understanding and hence collaboration by all stakeholders.
It is also of fundamental importance to transmit the right message to all
stakeholders, and more particularly to the fishing industry, which is that
integration does not necessarily mean giving priority to protection of
biodiversity over fish exploitation, but rather to conciliate both needs with a
view of attaining a sustainable exploitation.

Economic and social consequences. There is no doubt that integration will
have economic and social consequences. Understanding these in order to
minimise their possible negative impacts or deal with their consequences is a
major requirement and involves further analysis of the economic structure of
the fishing industry, including governmental transfers and their effects.

issue affecting all
Good governance. Good governance is a general
Community policy area.
Improved governance can be taken as an
institutional and functional change in the decision-making process to increase
management efficiency. This implies i) a closer involvement of stakeholders
in the process, including regional or local authorities, the sectoral social
partners and all groups of the society interested in the marine ecosystem,
ii) within the limits established by the Treaty, a de-centralisation of fisheries
and environment management in favour of a regional approach, iii) structural
and functional
collaboration between
to ensure
environment and fishery expertise at all stages of the decision-taking process.
Furthermore, improved governance requires transparent policy-making. All
stakeholders should have available the information required to properly play

adaptations

closer

7

8

COM(2000) 547.
COM(2000) 545.

11

role in the decision-taking process, and in particular, on the
their
performance of environmental integration as described by the system of
indicators outlined in section 6 below. This issue is more extensively dealt
with in the Green Paper on the future Common Fisheries Policy9, with an
emphasis on the possibilities and consequences of de-centralisation.

Institutional and functional aspects. Parallel to the Council’s integration
process, the Commission is currently reflecting on environmental integration
in the Commission decision-making. The basic idea is the adoption of a Code
issues such as
of Good Environmental Integration covering important
transparency,
early
environmental
involvement of stakeholders and follow-up. Similar processes in other
Community institutions would contribute very much to a full achievement of
integration in the decision-making process within the CFP.

accountability,

assessment,

impact

4.2.

Conservation of marine ecosystems

Conservation of marine ecosystems should be central to an environment-
integrated policy of fisheries. Action should be taken to conserve and, where
possible, rebuild commercial fish stocks and non-commercial biota and
habitats, but also with due attention to the consequences on the whole
ecosystem, in order to restore their functionality and productivity when these
have been damaged. Similarly, and on an equal footing, where non-
commercial biota or habitats are threatened, action to remove threats should
take account of its implications for fisheries and the wider productivity of the
ecosystem.

Analysis of the effects of fisheries on the marine ecosystem has been
presented in the previous communication COM(1999)363 on fisheries and
nature conservation and in the coming Biodiversity Action Plans on various
policy sectors,
the
management action required. Implementation of the Biodiversity Action Plan
for Fisheries is the fundamental requirement to achieve integration in the
field of ecosystem conservation. Furthermore, a full implementation of the
FAO Code of Conduct for Responsible Fishing will also be a significant
contribution to that end.

including the CFP. The latter also summarises

Beyond these actions, and in the context of the FAO Code of Conduct, it
would be necessary to implement the International Plan of Action for the
Management of Fishing Capacity, the International Plan of Action for the
Conservation and Management of Sharks and the International Plan of
Action for Reducing Incidental Catch of Seabirds in Longline Fisheries.

Some Community instruments for nature protection already foresee the strict
protection of certain marine resources and of certain habitats essential to the
maintenance of a good conservation status of threatened species (the
“Habitats” and “Birds” Directives). Designation and management of marine
zones forming part of the Natura 2000 network present a unique opportunity

9

COM(2000) xxx. Document in preparation.

12

to show how commercial fishing can be continued within protected areas
provided it
is made compatible with conservation requirements. In the
context of protection of marine biota other than commercial fish stocks, the
case of sea mammals, and in particular dolphins and harbour porpoises,
deserves special attention. All studies point to the risk that by-catch of these
species is attaining levels that might make some populations unsustainable,
although the relative contribution of different fishing methods to this by-
catch and the spatial and temporal extent of the phenomenon are still to be
fully quantified. It is necessary to obtain further collaboration from fishermen
in order to improve these fields of knowledge.

Moreover, some habitats not specifically mentioned in the Habitats Directive
may deserve special consideration due to recent
threats from fishing
activities, such as certain deep water habitats.

The Community has the competence and therefore the obligation to
implement
the required measures when these involve the regulation of
fishing activities. Where a choice can be made between voluntary and
legally-binding instruments, the latter should be preferred when there is a
risk for sensitive species.

4.3.

Research

Fisheries science has traditionally been highly specialised, in particular in the
field of stock assessment, but lacking the broader view required by the
complexity of problems faced by managers. By contrast, ecosystem
knowledge has frequently given broad pictures of the problems but has not
shown the required degree of specialisation, in particular in the field of
numerical evaluation. There is clearly a need to reduce the gap between these
disciplines, and most marine-related fisheries bodies (e.g., ICES10) are
nowadays undertaking steps in this sense.

On the one hand, fisheries science should not only undertake more complex,
multi-stock assessments corresponding with the complexity of the fishing
activities but also of a multi-disciplinary approach including in particular
social and economic studies. On the other hand, marine ecology should focus
on the operational aspects, in particular the development of indicators as
guides to complex processes that are usually difficult to understand and
monitor. Indicators of the functioning and productivity of ecosystems will be
especially useful to formulate objectives for ecosystem restoration.

These two aspects of marine science also have to be brought closer together
in the advice-giving process. Obtaining adequate scientific advice on the
economic utilisation of marine ecosystems and on its consequences will
require good fisheries/ecosystem expertise in the advisory bodies and a
permanent dialogue between these and the managers, in particular for the
precise formulation of the questions and for ensuring operational answers.

10

International Council for the Exploration of the Sea, which constitutes a major source of
scientific advice for fishery managers in the Northeast Atlantic.

13

A combination of fishery and ecosystem expertise has already been foreseen
by ICES and similar fishery research bodies, such as the Commission’s
Scientific, Technical and Economic Committee for Fisheries (STECF), the
NAFO Scientific Council or the Standing Committee for Research and
Statistics (SCRS) of the International Commission for the Conservation of
Atlantic Tunas (ICCAT). The Community should give institutional and
financial support to scientists in order to guarantee that the basic research,
which is to be done in national research centres, is performed adequately.

Regulation (EC) No 1543/2000 establishing a Community framework for the
collection and management of the data needed to conduct
the common
fisheries policy11 and associated secondary legislation sets out the framework
to collect fisheries-related data useful for fisheries research. Environmental
data are foreseen to be included in the system by 2003. This implies that, in
the meantime, minimum requirements
collection of basic
support.
environmental data should be given a legal and financial
Simultaneously, the Community should re-direct current studies towards a
better understanding of such currently controversial issues as the impact of
fishing gear on non-target biota and on the seabed. There is a large amount of
work to be done on the development of an operational framework to apply
the precautionary principle to conservation of all biota likely to be affected
by human activities such as fishing. This will require the funding of studies
on this issue and the setting up of a legal framework facilitating and
rewarding, where possible, collaboration by the fishing industry.

the

for

4.4.

Structural policy

Role of structural incentives. Several analyses have been conducted recently
within international organisations such as OECD, FAO, WTO and UNEP of
subsidies to the fishing sector and their likely impact on the level of
exploitation. While they have not yet provided a comprehensive and
definitive diagnosis, and while there are still disagreements as to how various
subsidies should be classified, it is possible now to distinguish some types of
subsidies clearly incompatible with a sustainable exploitation from those
contributing to positive conservation effects. In the short term, the “perverse”
subsidies should be removed and converted progressively into funds to
finance positive actions.

Adaptation of fleets to the marine ecosystem. Within the aim of an overall
reduction in fishing pressure, fleets should be adapted in order that their
fishing capacity is in accordance with a sustainable use of the marine
ecosystem. Fleets, beyond the objectives of economic efficiency and source
of employment, should be structured so as to reduce their impact on
ecosystems. As a guideline, the following features might be considered:

–

–

activities that are easily controllable;

a limited number of fish species to be targeted;

11

OJ L 176, 15.07.2000, p. 1.

14

–

–

–

–

–

–

within the target species, discrimination by size;

little or no mortality on other biota, including animals and plants of no
commercial value;

little or no damage to the physical environment;

little or no waste, such as uneaten bait;

gear and attachments not easily lost at sea;

energy-efficiency in terms of fuel consumption.

structural actions

financed under FIFG12. Regulation (EC)
Other
No 2792/1999 gives indications on how funds can be invested in practices
adding value to environmental integration, such as:

–

–

–

–

capital investment in fixed or movable facilities aimed at the protection
and development of aquatic resources, except restocking (Article 13),

promotion of products obtained using environmentally friendly
methods (Article 14)

short-term operations of collective interest serving to attaining the
objectives of the CFP (Article 15)

studies, pilot projects, demonstration projects,
experimental fishing, etc (Article 17)

training measures,

It is suggested that both Member States and the Commission collaborate in
the framework of the partnership envisaged in Article 8 of Regulation (EC)
No 1260/99 laying down general provisions on the Structural Funds13 in
order give special support and encourage this type of activities.

4.5.

Post-harvesting practices. Market and trade policy.

role

significant

As the interface between the consumer and the resource, the market can play
a
in encouraging responsible production practices.
Maximising the economic benefit of the fishing activity through market
management policies has a direct
impact on yields, and therefore on
production. In other words, market behaviour and policies on trade have an
effect on supply. Market management should be further developed in order to
stimulate better fishing practices.

12

13

Financial Instrument for Fisheries Guidance.
OJ L 161, 26.06.1999, p. 1.

15

In 1999 the Council of Ministers agreed on a major revision of the common
organisation of the market in fisheries products which has created incentives
to minimise waste of resources, to improve the balance between supply and
demand and to provide more information about the fisheries products for
sale. Financial support is directed to stimulating better planning of fishing
activities, the search for new markets and the constitution of new types of
Producer Organisations (POs) which are better matched to a more integrated
Community market.

The reformed market organisation encourages fishermen to take a more pro-
active, preventative role in managing supply to the market rather than simply
intervening “after the event” by the withdrawal of unsold products. The role
of POs has been strengthened and in particular they are assuming a greater
responsibility to achieve a more effective management of resources by
increasing financial returns while decreasing the “race for fish”. The new
obligatory “operational programmes” are designed to encourage these
organisations to manage the landings of their members and to take measures
to avoid withdrawals.

The common market organisation provides for intervention mechanisms to
correct extreme effects of imbalances between supply and demand. The
reformed market organisation has changed the emphasis of policy, by
reducing support for definitive withdrawals and increasing aid for stabilising
and storing the products for later sale. This will also increase returns and
simultaneously reduce the incentive to fish for quantity.

In the annual price-fixing Regulations, less intervention support is provided
for smaller sized fish compared to larger categories in order to discourage
their capture. Similarly, aid has not been granted for lower quality products
(“B” freshness category) since January 2000. These two measures support
the market for larger, better quality fish and thus may promote better
handling and conservation methods.

A major element in the reformed common market organisation is the new
labelling requirement at the point of retail sale, which, from 1 January 2002,
will improve product traceability and thereby reduce fraud concerning the
origin and nature of the product sold. The commercial designation,
the
production method (aquaculture or wild) and the area of capture will be
marked on all products on sale to the final consumer. This will increase the
transparency of market
transactions and, by an increased awareness of
retailers and consumers, may improve the quality of fish products.

Eco-labelling, or the issuing of certificates for products derived from
sustainably managed fisheries or caught and processed with ecologically-
sound methods, is intended to create a demand-led incentive to influence
managers' and producers’ behaviour. Although the effect of eco-labelling in
promoting ecologically-friendly fishing and processing is not well
established, it can complement management action by public authorities and
so can contribute to improved efficiency. The role of public authorities on
eco-labelling should be to ensure fair competition and objective information
for the consumer. To this end, the Commission is in the process of producing

16

a Communication on the potential benefits and difficulties of eco-labels for
fisheries products and on the appropriate role of the public authorities in
relation to them. The Commission will tentatively examine the need for a
legal framework for voluntary eco-labelling to ensure appropriate assessment
criteria, independent control of compliance and accurate information for the
consumer. The implications of setting the assessment criteria to be used by
eco-labelling schemes will also be considered.

Finally, trade measures in support of the environment, such as restriction on
the import of fishery products not in accordance with international rules
aimed at their protection, are increasingly used at international level. As a
these measures are implemented by the Community within the
rule,
framework of multilateral organisations dealing with the environment (e.g.
CITES) or the sustainable exploitation of fishery resources (e.g bluefin tuna
under. ICCAT). As far as the latter are concerned, it is believed that these
trade measures contribute to securing sustainable fishing practices, especially
those carried out by vessels flying flags of convenience. They also promote
greater commitment to legislation by Community fishermen, who may feel
that they alone carry the burden of compliance with conservation rules.

The WTO rules allow member countries to adopt and enforce trade measures
designed for the protection of exhaustible natural resources. The measures,
however, must not be applied in a manner that constitutes "a means of
arbitrary and unjustifiable discrimination (…) or a disguised restriction in
international trade".

The Community consistently favours co-operation among interested parties
and multilateral approaches in the inception and application of
trade
measures in support of environmental objectives in the area of fisheries.
Work in this field is being carried out within the Committee on Trade and
Environment (CTE) of WTO. The Community should play a leading role,
justified by its important participation in international trade, in promoting the
use of trade instruments to encourage sustainable fishing practice.

4.6.

International fisheries context.

Protection and sustainable use of marine ecosystems can only be fully
achieved if autonomous decisions are complemented with international
cooperation, in which integration of environmental concerns also occurs.
While some regional fisheries organisations (RFO) have achieved a high
degree of integration, others still need to develop an ecosystem-based
attitude. Rather than lagging behind initiatives taken by other parties to these
the Community should adopt a leading role in promoting
agreements,
environmental integration. Where possible,
the objectives and principles
adopted for the CFP should be transferred to international fora. Similarly,
where cooperation is established in the framework of bilateral or multi-lateral
agreements (e.g. management of North Sea fisheries),
it should be a
responsibility of
the Community to be in the lead in introducing
environmental objectives.

17

Where only Member States are parties of multilateral organisations which
promote measures to protect the environment that may have a bearing on
the Commission should coordinate Member State
fishing activities,
participation
those
take
and
recommendations at the Community level.

implement

necessary

steps

the

to

is argued that

the Community fleet

It
is partly responsible for over-
exploitation of the fishing grounds of some third countries. While the
ultimate causes for the mismanagement of many of these fisheries may be
beyond the control of the Community, it is clear that the Community should
endeavour to ensure that its fleets do not contribute to overexploitation of
marine ecosystems anywhere in the world. Work to achieve this objective
forms part of the integration strategy for economic and development
cooperation
recent
communication to the Council and the European Parliament14. It is clear that
there is a commitment to develop coherence between fisheries agreements
and the economic and development cooperation policy. But more should be
done. Fisheries agreements should be conditional on a healthy state of the
fish resources, determined on the basis of relevant scientific information, and
on the use of environmentally friendly fishing techniques (see 4.2 above), as
well as on the existence of management capacity by the third country to
enforce its protective legislation.

the Commission

advocated

policy

by

its

in

A strategy in the field of fisheries agreements should also contemplate
actions such as directing compensation for fishing rights to foster third
countries’ capacity to develop an ecosystem-oriented fisheries management
which takes into account their economic and social needs.

4.7.

Aquaculture

The Biodiversity Action Plan for Fisheries sets out specific actions to ensure
integration of the environment
in this field, in particular in the field of
protection against pollution (including genetic pollution), dissemination of
diseases and parasites, eutrophication and research studies on a number of
specific topics. An efficient method to ensure implementation of these
actions would be to promote and encourage, including by financial means,
application of the Code of Conduct for European Aquaculture, adopted by
the Federation of European Aquaculture Producers in July 2000.

Since the marketable size of farmed fish is not based on conservation
requirements, as is the case for wild fish, there is room for conflict whenever
farmed and wild fish of the same species appear simultaneously in the
market. If farmed fish is sold below the landing size adopted for wild fish,
this may stimulate the demand for this product and hinder the enforcement of
the rules on minimum landing size of wild fish. For this reason, Community
rules under the common market organisation for fisheries and aquaculture
products now provide for specific labelling of fish products indicating their
origin and type of production (farmed or wild fish) together with a system to

14

COM(2000) 264.

18

guarantee the traceability of the fish products all through the process from
the origin to the consumer.

4.8.

Effects of environment changes on fisheries

Besides the known or suspected effects of fishing in the marine ecosystem, it
is accepted that changes in the marine ecosystem driven by pollution and
climate change, eutrophication, introduction of alien species, and so on, may
have a significant impact on fisheries, not to mention the importance of water
quality for aquaculture. Where these anthropogenic changes in ecosystems
produce a decrease in fishing possibilities, it seems legitimate that the fishing
industry should demand a better environmental policy in the field of water
protection. The effects of these changes on fish stocks range from a reduction
of fecundity and larval survival rates to increased adult mortality rates due to
toxic effects. Indirect effects are observed following habitat destruction (e.g.
damming of salmon rivers and oxygen depletion near the bottom due to
eutrophication).

Furthermore, some kinds of pollution may have significant effects on the
quality of fish as food, both for direct human consumption and for livestock,
poultry or fish farms. In all cases, this can constitute a threat to human health
and, subsequently, to the fishing industry itself, which will not be allowed to
land fish for health reasons.

It is difficult to assess the medium to long term effects of pollutants or
climatic change on the productivity of ecosystem, and in these conditions it is
nearly impossible to establish any liability. There is clearly a need for
expanding research in this field.

5.

CALENDAR OF ACTIVITIES

On the basis of the ideas outlined in this document, it is expected that the
Fisheries Council will adopt an integration strategy during the spring of 2001
for its presentation to the Göteborg summit.

Any integration strategy based on the ideas outlined in this document could
be largely implemented within the current CFP framework, in particular
through the application of the precautionary principle. However, to be fully
effective, it may have to wait for the reform of the CFP due for the end of
2002, which may provide an enhanced legal basis, especially as far as certain
horizontal aspects of the strategy are concerned, such as decentralisation,
integrated coastal zone management and improved control and enforcement.
Until then implementation of the suggested management action on other
areas can be progressive carried out. It is expected that by the end of 2003 all
the main regulatory elements will be fully operative.

19

6.

MONITORING. PERFORMANCE INDICATORS AND PERIODIC REPORTING

In order to monitor progress of the integration strategy, indicators are needed.
Indicators are a tool by which to represent complex processes in a simple
manner and may be used to monitor and assess the performance of the
integration strategy. To be useful, they should be embedded in a conceptual
framework allowing the understanding of their individual value within the
context of the whole system. Extensive work has been carried out in the field
of evaluation and indicators within several international management-related
bodies, such as FAO, OECD and the European Environmental Agency (EEA.
These bodies suggest frameworks where the pressure forces, the impact and
the response are clearly identified. Among these, the DPSIR15 framework is
becoming widely accepted. Work in this field should be pursued in order to
define an operative framework adapted to the sphere of fisheries and the
environment.

As an indication of the type of work which might be produced,
the
framework could consist of a two-dimensional array in which driving forces,
pressure, state, impact and responses are presented for certain major elements
of the system, such as the ecosystem, the fishing sector (including associated
upstream and downstream industries), consumers, fisheries science and
managers. The table in the annex indicates how the set of indicators should
be structured. When choosing indicators, it is also possible –and generally
advisable- to add a third, geographical dimension to the framework. As an
example, an indicator of impact on consumers in Northern Europe may not
function equally well for a Mediterranean country.

Appropriate bodies to be involved in the work on indicators are the EEA,
ICES, the Joint Research Centre (JRC) and Eurostat. The Commission
intends to contact these institutions and explore a working method to ensure
that appropriate responses can be given within a reasonable time frame and at
a reasonable cost. Where appropriate, the Commission will also approach
national research agencies to ensure that the basic work is undertaken.

to be made available to all

Monitoring implies the collection of basic data relative to the indicators, the
production of values attached to them, and the elaboration of periodic reports
for managers,
interested parties. Periodic
reporting, possibly starting by the end of 2003, constitutes a strategic element
of the integration process. Much of first stages of monitoring can be
organised by Member States, in particular the gathering of basic data, but
when it comes to integrating information at the level of fisheries, ecosystems,
societal groups, etc, then ad hoc multi-national fora should be created.
Regional organisations, as outlined in section 3, could help.

15

Driving forces, Pressure, State, Impact and Response. See, for example, “Environmental
Indicators: Typology and Overview”. EEA Technical Report No 25.

20

As far as periodic reporting is concerned, it would be conceivable that,
starting by the end of 2003, the Commission reports regularly to the Council
on the progress of application of the strategy, based on the above-mentioned
or other indicators and on any other useful appreciation. These reports should
be made available to all stakeholders.

Finally, each of the above-mentioned indicators may be subject to further
analysis by establishing targets, thresholds or trigger values to be used as a
reference. Comparison of actual values with the reference values would help
to determine management action. A typical example is the use of
precautionary reference points for management, as described in the recent
Communication from the Commission to the Council on the application of
the precautionary principle and multiannual arrangements for setting TACs16.

7.

REVISION PROCEDURE

Good indicators within a monitoring system should lead to a good
understanding of progress. As substantial results are not expected until the
the yearly evaluation may serve as a guide to modulate
end of 2005,
implementation and enforcement of relevant actions but not necessarily lead
to changes in the strategy itself, unless events requiring urgent action occur.
it would be wise to foresee a wide-ranging evaluation of
In any case,
progress in the mid term, say, by the end of 2005. By this time,
the
Commission might propose the Council to adapt the strategy, if required.

8.

CONCLUSIONS

The objectives of the integration strategy should be to achieve a positive
contribution from the Common Fisheries Policy towards the attainment of
environmental objectives in the aquatic milieu within a broader context of
sustainable development.

Reciprocally, it is intended that the environmental policy should contribute to
attaining the objectives of the common fisheries policy, in particular the
sustainable use of natural resources in appropriate economic and social
conditions for the sector.

Integration should also mean that the Common Fisheries Policy takes over
the environmental policy, namely the precautionary
the principles of
the need to rectify
principle,
environmental damage at source and the economic responsibility of the
authors of environmental damage.

the precedence of preventive action,

A first and fundamental element of the environmental integration in fisheries
is a change in attitude of management by the adoption of an ecosystem-
based approach to fisheries management. As a first step, while scientific
knowledge does not permit a perfect understanding of the aquatic ecosystems

16

COM(2000) 803.

21

and how these are modulated by human activities, management measures
should be adopted on the basis of a judicious application of the precautionary
principle. Further development of the ecosystem approach will be achieved
by improving knowledge of
the structure and functioning of marine
ecosystems. This should constitute a long-term priority of marine research.

In adopting the ecosystem-based approach, managers should endeavour to
adopt measures yielding simultaneously or within a reasonable time frame
both ecosystem and socio-economic benefits or at least, producing the least
possible negative effects for both the environment and the fisheries sector
following a transparent decision process.

Adopting the principles of the environmental policy will imply extensive
consultation in order to ascertain the implications of the complete application
of these principles to fisheries management.

Specific management action to achieve environmental integration should
cover all aspects of fisheries management. The forthcoming reform of the
CFP provides an opportunity to reinforce the legal framework to facilitate
specific management action. The basic set of management measures is to be
found in the Communication of the Commission on Fisheries Management
and Natura Conservation in the Marine Environment (COM (1999) 803) and
in the incoming Biodiversity Action Plan for Fisheries, and this should be
reinforced and complemented by specific action on all fields of the CFP as
described under section 4 of this Communication.

In order to monitor the performance of the integration process, a system of
indicators should be developed within a DPSIR framework. Indicators
should be used for a system of periodic reporting, starting by the end of
2003, open to all interested parties. A revision of the strategy might possibly
take place as appropriate by the end of 2005.

Besides the effects of fishing on the marine ecosystems, it is recognised that
fisheries may also be affected by other anthropogenic activities, which may
have side-effects on the economic success of fishing as well as implications
for human health. Research work should be promoted in this field.

22

ITEM

ECOSYSTEM
(HABITATS)

ECOSYSTEM
eg
(BIOCOENOSIS
relation between living
organisms)

FISHING INDUSTRY

AQUACULTURE

CONSUMERS
PUBLIC OPINION

AND

–
–
–
–

DRIVING FORCES IN
ITEM
–

Long-term trends of key
physical parameters
Eutrophication, pollution
Upwelling indices
......
Intrinsic population growth
rate*
Individual growth rate*
Individual fecundity*
Structure of trophic webs
....
Fishing tradition

–
–
–
–
–
– Alternative employment
–
Fishing capacity
– Market demand
Loans, subsidies
–
–
....
– Market demand
–
– Need of water resources
–

Technological improvement

....

Feeding behaviour

– Market supply
–
– Buying power
– Need of health protection
–

....

SCIENCE

– Need of scientific support
–
Intellectual challenge
– Research

facilities

DECISION MAKING

(*) For key biota

–
–

–

–
–

and

internal

(personnel, installations)
....
International
commitments
Dissatisfaction with current
producers
Public opinion
....

ANNEX
Outline of possible performance indicators

PRESSURE BY ITEM

STATE OF ITEM

IMPACT ON ITEM

RESPONSE BY ITEM

– Climate change
– Nutrients
– Circulation patterns
–

.....

– Natural

mortality

of

–

at

various

populations*
Productivity
trophic levels
Energy flow in food webs
....

–
–
– Deployed fishing effort by
region and by fishing gear

Economic needs
....

– Gear loss
– Waste
–
–
– Need of good environmental
conditions of farm sites
– Need of food stuff of marine

origin
–
....
– Demand

for

supply

at

reasonable prices

– Demand for ecological and

sanitary standards
Political pressure
....

–
–
– Need of basic research data
– Need of research funds
– Research results
–

....

– Regulatory instruments
Information campaigns
–
Enforcement
–
Subsidies
–
....
–

– Hydrographic regime
– Chemical
water

composition

of

Sea warming
–
Physical damage to seabed
–
– Water pollution transmitted

through food web
–
.....
– Changes

in
distribution *

geographical

– Changes in fish mortality*
– Additional sources of food

(discards)
....
Fleet size adaptations

–
–
– Change in fishing behaviour:

effort, gear, zones

– Changes in economic results
–

....

– Water quality (effluents)
– Use of territory
–
–
–
– Changes in market supply

Supply of food stuff
Supply of fry
....

and demand
Public awareness of marine
problems
....

–

–

– Changes in budget actually

used in research

–
–

– Changes in geographical and
thematic scope of research
....
Increased understanding of
the problems
Political pressure
Social pressure

–
–

–
–

....

– Habitat extent and condition
–
– Biodiversity indices by area
and by major taxa groups
Energy flow in key links of
food web
– Biomass*
–
–

–

Fishing capacity (potential
fishing effort)
Employment
Production (catch) in weight
and in value
....
Fish production

–
–
– Use of water
–
Food needs
– Quality of effluent water
–
– Opinion (polls results)
Fish consumption indices
–
– Consumption preferences
–

....

....

– Budget allocated to research
– Number of research projects
research
–

of

Inventory
facilities
....

–
– Number of actions subject to

impact assessment

– Number of species covered

by management
....

–

23

– Changes in water dynamics
– Changes in productivity
– Changes in fish availability
–

....

– Changes

in

geographical

distribution and migration*

growth,
first

– Changes

in

fecundity and age at
maturity*
....
Social unrest

–
–
– Adaptation of fishing effort
– Highgrading of catch
– Change of gear
– Withdrawal from industry
–
– Adaptation
methods
–
Promotion of research
– Diversification of supply
–
– Adaptation of consumption

farming

....

....

of

habits
– Reactions

against
quality or high prices
....

–

poor

– Research enhancement
– Adaptation

of

research

programmes
...

Improved measures
Improved enforcement
Improved governance
...

–

–
–
–
–