Communication from the Commission on the reform of the Common Fisheries Policy ("Roadmap")
Date: 2002-05-28
Institutions: European Commission
Subjects: aquaculture, common fisheries policy, conservation of fish stocks, fishery management, fishing controls, fishing fleet, international waters

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 28.5.2002
COM(2002) 181 final

COMMUNICATION FROM THE COMMISSION

on the reform of the Common Fisheries Policy (“Roadmap”)

TABLE OF CONTENTS

1.

2.

3.

3.1.

3.2.

3.3.

3.4.

3.5.

3.6.

3.7.

3.8.

3.9.

INTRODUCTION........................................................................................................ 3

OBJECTIVES OF THE COMMON FISHERIES POLICY........................................ 5

REFORMS ................................................................................................................... 6

Conservation of resources and management of fisheries ............................................. 6

Repercussion of the conservation policy on the fishing fleet..................................... 10

Access to waters and resources .................................................................................. 12

Control and enforcement ............................................................................................ 13

International fisheries ................................................................................................. 16

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

The social dimension of the Common Fisheries Policy............................................. 19

Economic management of fisheries in the Union ...................................................... 23

Effective and participatory decision-making ............................................................. 23

3.10.

Review........................................................................................................................ 26

4.

CONCLUSION .......................................................................................................... 26

2

1. 

INTRODUCTION

The  current  Community  legislation  foresees  the  review  of  the  Common  Fisheries
Policy  (CFP)  in  the  course  of  2002.  It  also  provides  that  the  Council  shall  decide
before 31 December 2002 on any necessary adjustments to be made, in particular on
access to certain Community waters1.

In March 2001, the Commission published the report on the fisheries situation in the
Community2, foreseen by the current legislation, and a Green Paper on the Future of
the Common Fisheries Policy3, discussing the weaknesses and challenges facing the
CFP and presenting a number of options for its reform.

The first shortcoming of the CFP  is the alarming  state of many fish  stocks  that are
outside  safe  biological  limits.  Stock  sizes  and  landings  have  declined  dramatically
over  the  last  25  years.  For  many  commercially  important  demersal  stocks,  the
numbers of mature fish were about twice as high in the early 1970's than in the late
1990's. If current trends continue many Community fish stocks will collapse4.

At  the  same  time,  the  fishing  capacity  of  the  Community  fleets  far  exceeds  that
required to harvest the available fishery resources in a sustainable manner. The most
recent scientific advice from ICES suggests that the level of fishing mortality of the
main Community fish stocks needs to be reduced by between one-third and one-half,
depending  on  the  type  of  fishery  (flatfish,  other  demersal,  pelagic)  and  area
concerned, in order to ensure sustainable fishing.

Besides  a  shrinking  resource  base  and  fleet  over-capacity,  most  of  the  Community
fisheries  sector  faces  economic  fragility,  poor  financial  profitability  and  steadily
declining employment. Over the period 1990-1998, there has been a  loss  of  66,000
jobs  in  the  catching  sector,  an  overall  decrease  of  22%.  Over  the  same  period,
employment in the processing sector has declined by 14%.

Current  control  and  enforcement  arrangements  have  been  insufficient  to  ensure  a
level-playing filed across the Union undermining the credibility of the CFP.

Stakeholders  have  not  been  sufficiently  involved  in  policy  shaping.  This  lack  of
involvement undermines support for and compliance with the conservation measures
adopted.

The international environment has changed dramatically  over  the  last  twenty  years.
The  legitimate  aspirations  of  many  developing  States  to  develop  their  fishing
industry  and  the  requirements  of  sustainable  development  and  responsible  fisheries
impose new challenges to the CFP.

1

2

3

4

Article 14 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community
framework for fisheries and aquaculture, OJ L 389, 31.12.1992, p. 1.
SEC(2001) 418, 419, 420, 20.3.2001
COM(2001) 135 final, 20.3.2001
A list of Community fish stocks which are currently outside biological limits is provided in Annex 1.

3

                                                
Increasing  demand  for  fisheries  products  and  high  prices  for  fish  reflecting  its
scarcity have sheltered fishermen against the effects  of  declining  stocks. This trend
should reduce the need for public financial support to the fishing industry.

The Commission launched, on the basis of the Green Paper, a wide consultation with
all  interested  parties.  A  public  hearing  was  held  by  the  Commission  in  Brussels  in
June  2001.  Over  300  comments  on  the  Green  Paper  were  submitted  to  the
Commission,  from  Member  States,  regional  and  local  authorities,  government
agencies, the fishing, processing and aquaculture industries, fishworkers, recreational
fishermen,  non-governmental  organisations  dealing  with  environment  and
development policies and other interested parties5.

Several debates took place in the Fisheries Council during 2001 on the basis of the
Green Paper. The European Parliament adopted in January 2002 a resolution calling
for  “a  fisheries  policy  based  on  rational  and  responsible  management  of  resources
which has as its rationale the preservation of fish stocks and the maintenance of the
way of life of those traditionally dependent on the sea and preserves the fundamental
principle  which  derives  from  these  objectives,  namely  relative  stability;  a  policy
which  facilitates  a  fair  and  equitable  regime  for  distributing  fisheries  resources
tailored to the specific needs of fisheries dependent regions and which  is impartial,
stable,  enforceable  and  under  Community  control”.  The  Economic  and  Social
Committee  and  the  Committee  of  Regions  also  issued  opinions  following  the
publication of the Green Paper.

The debate on the future of the CFP revealed more clearly not only the shortcomings
and  internal  systemic  weaknesses  of  the  Common  Fisheries  Policy,  such  as  poor
enforcement, the lack of a multi-annual management perspective, fleet over-capacity
and  insufficient  stakeholder  involvement,  but  also  the  external  challenges  that  the
Community will need to address over the coming years resulting from new trends in
world fisheries.

It also showed a broad consensus that the current policy is incapable of reversing the
increasing threats to important fish stocks and of providing  economic  sustainability
to the fisheries sector.

Finally,  the  debate  on  the  reform  clearly  demonstrated  that  the  future  CFP  will
succeed only if environmental, economic and social sustainability are put at the heart
of its  objectives  and  if  good  governance  principles  such  as  openness,  participation,
accountability,  effectiveness  and  coherence  are  fully  implemented.  A  broad
consensus among the different stakeholders and interested parties can be built on this
basis.

The  over-exploitation  of  fish  stocks  is  a  major  threat  to  global  sustainable
development.  It  was  identified  in  the  Community’s  strategy  for  sustainable
development  and  the  European  Council  in  Göteborg  called  for  the  reform  of  the
Common Fisheries Policy to “address the overall fishing pressure by adapting the EU
fishing effort to the level of available resources, taking into account the social impact

5

The consultation revealed a widespread support for the need for a substantial reform of existing policy
instruments in order to improve conservation of resources, for greater stakeholder involvement and for a
more level-playing field with respect to control and enforcement.

4

                                                
and  the  need  to  avoid  over-fishing”.  It  is  this  challenge  that  the  current  set  of
proposals has to meet.

Today's challenges and, in particular, the critical situation of many stocks, call for a
thorough and urgent reform of the CFP.

The  purpose  of  this  Communication  is  to  present  the  Commission's  action
programme for reform of the CFP and a roadmap for its implementation.

2. 

OBJECTIVES OF THE COMMON FISHERIES POLICY

The future CFP needs clear and coherent objectives and principles. Its main areas of
activity and priorities also need to be determined.

The reform must lead to a new CFP capable of providing sustainable development in
environmental, economic and social terms. This will be achieved  through  measures
aiming at:

(cid:1)  responsible and sustainable fisheries and  aquaculture  activities  that  contribute  to

healthy marine ecosystems;

(cid:1)  an economically viable and competitive fisheries and aquaculture industry which

will benefit the consumer;

(cid:1)  a fair standard of living for those who depend on fishing activities.

In  order  for  the  CFP  to  function  effectively,  it  is  essential  that  good  governance
principles  are  embodied  into  the  Policy.  The  new  CFP  must  therefore  aim  at
ensuring:

(cid:1)  openness  and 

transparency, 

the  quality  and
in  particular  by 
transparency  of  the  scientific  advice  and  data  on  the  basis  of  which  policy
decisions are taken;

improving 

(cid:1)  participation, 

through  greater  and  broader  stakeholder 
conception to implementation of policy, including at local and regional level;

involvement  from

(cid:1)  accountability,  through  a  clearer  definition  of  responsibilities  at  European,

national and local level;

(cid:1)  effectiveness,  through  decision-making  processes  whose  results  are  properly

evaluated, controlled and complied with and

(cid:1)  coherence  with  other  Community  policies,  in  particular  environment  and

development policies, through a cross-sectoral approach.

Within this new framework the CFP must give priority to the actions outlined below.

5

3. 

REFORMS

3.1. 

Conservation of resources and management of fisheries

More effective conservation and management of fisheries resources is a clear priority
of the Common Fisheries Policy. It is a precondition for achieving other objectives.

The aims of the Commission's new approach to fisheries management are:

(cid:1)  to  refocus  management  on  a  more  long-term  approach  to  securing  sustainable

fisheries with high yields;

(cid:1)  to manage fishing effort in line with sustainable catching opportunities, which will

require an immediate and significant reduction of fishing effort;

(cid:1)  to incorporate environmental concerns into fisheries management, in particular by

contributing to bio-diversity protection;

(cid:1)  to move towards an eco-system-based approach to fisheries management;

(cid:1)  to make the best use of harvested resources and avoid waste;

(cid:1)  to support the provision of high-quality scientific advice.

The Commission believes these aims should be the basis for fisheries management in
Community and international waters.

To fulfil these aims, the Commission proposes:

A new multi-annual framework for conservation of resources and management of
fisheries.

The Commission proposes multiannual management plans for commercial stocks or
group of stocks. These plans will:

(cid:1)  be based on the best  available  scientific  methods  and  advice  and  be  designed  to

ensure sustainable exploitation;

(cid:1)  be  consistent  with  the  precautionary  approach6,  in  that  they  will  be  designed  to
avoid the risk of collapse, especially by keeping stock size and fishing mortality
rates within long-term safe levels7;

(cid:1)  be designed to ensure safe recovery of depleted stocks;

6

7

“Precautionary  approach  to  fisheries  management”  means  management  action  based  on  the  principle
that absence of adequate scientific information should not be used as a reason for postponing or failing
to take measure to conserve target species, associated or dependent species and non-target species and
their environment. Such action  should be: proportional to the chosen  level  of  protection,  based  on  an
examination of the potential benefits and costs of action or lack of action and subject to review, in the
light of new scientific data.
See also Commission Communication on the precautionary principle, COM (2001) 1 final of 2.2.2000.

6

                                                
(cid:1)  take into account the need to conserve bio-diversity  and minimise the impact on

habitats;

(cid:1)  within these constraints, be designed to ensure high and stable yields.

In  addition,  these  plans  will  take  into  account  relevant  knowledge  about  fishing
operations  and  the  need  to  manage  fisheries  for  groups  of  stocks  in  certain  areas.
Account will be taken of the particular needs of the outermost regions of the Union
in accordance with Article 299, paragraph 2 of the Treaty.

The plans will in particular lay down:

(cid:1)  Targets for management of the stocks concerned in terms of population size and

fishing mortality rates;

(cid:1)  Harvest  rules  establishing  detailed  methods  for  fixing  catch  and  fishing  effort
limits in such a way that the long-term goals mentioned above will be met, on the
basis of the most recent available information about the state of the stocks.

They  will  also,  where  appropriate,  establish  rules  for  the  protection  of  non-
commercial fish species, in particular cetaceans and other marine mammals, and sea-
birds.

Where  a  multi-annual  management  plan  has  been  agreed,  the  Council  will  fix  the
catch and fishing effort limits for the first fishing year on the basis of the plan and the
most recent scientific advice about the state of the stocks. The European Parliament
will for the first time be involved in this process. In subsequent years, the operation
of  the  plan  will  be  undertaken  by  the  Commission,  assisted  by  a  Management
Committee.

Member  States  will  be  responsible  for  the  allocation  of  quotas  and  fishing  effort
between vessels.

Strengthening of technical measures

With a view to increasing yields from fisheries and to improving their sustainability
and  reducing  their  impact  on  the  eco-system,  the  Commission  will  come  forward
with  regulatory  measures  to  reduce  catches  of  younger  fish,  by-catches  in  mixed
fisheries and discards. Such measures will include:

(cid:1)  the introduction of more selective fishing  gear, such  as  nets  with  larger  meshes,
square-mesh  panels,  separator  grids,  and  changes  in  design  and  rigging  of  such
gear in order to improve selectivity;

(cid:1)  restrictions  on  fishing  to  protect  juvenile  fish,  sensitive  non-target  species  and

habitats;

(cid:1)  minimum landing sizes in line with the selectivity of the gear concerned;

(cid:1)  “discard  ban trials” in  which  representative  samples  of  fishing  vessels  would  be

encouraged by economic incentives to retain their entire catch;

7

(cid:1)  the  targeting  of  economic  incentives  for  the  use  of  more  selective  fishing

practices.

The  measures  introduced  will  be  kept  under  review  and  proposals  introduced  as
needed  in  the  light  of  changes  in  fish  stocks,  scientific  developments,  changes  in
fishing practices and the development of new fishing gear.

The Commission will also invite the fishing industry to develop, as a supplement to
Community  rules,  a  voluntary  code  of  conduct  intended  to  reduce  discarding.  In
addition, the Commission will develop scientific and technical monitoring of fishing
practices  that  result  in  discarding,  and  will  continue  to  seek  advice  on  mitigating
measures. The Commission will report periodically on progress achieved in reducing
discards.

Industrial fishing

Fishing for conversion to fish meal should target fish for which there is no market for
direct  human  consumption.  The  enforcement  of  management  measures  adopted  by
the  Community  has  already  greatly  reduced  by-catches  of  other  species  which  are
targets for fisheries for direct human consumption.

Industrial fishing, like other types of fishing, will be subject to the conservation and
management  measures  developed  under 
including  multi-annual
management plans.

the  CFP, 

The  Commission  will  request  ICES  to  carry  out  an  evaluation  of  the  impact  of
industrial fishing on marine eco-systems. It will continue to monitor the conduct of
industrial  fisheries  to  ensure  that  their  impact  on  human  consumption  fish  species
and  other marine species remains low.  Improved  management  of  fish  stocks  which
are of interest for both industrial use and human consumption, such as blue whiting,
will also be proposed.

Fisheries Management in the Mediterranean Sea

The  general  principles  of  the  Community's  fisheries  management  policy  are
applicable  to  the  Mediterranean.  However,  the  implementation  of  these  principles
must take into account the specific characteristics of that region.

The Commission considers that the following actions should be undertaken:

(cid:1)  consideration  by  the  Member  States  concerned  of  a  co-ordinated  initiative  to

establish wider fisheries protection zones;

(cid:1)  Community-level management for highly  migratory  fish stocks  and  other shared

stocks, such as certain small pelagic and demersal stocks;

(cid:1)  a  revision  of  current  technical  conservation  measures  in  the  Mediterranean  Sea,
such as revision of mesh sizes and minimum landing sizes, with a view to ensure
coherence with Community-level management as described above;

(cid:1)  management schemes for shared stocks based on effort limitation;

8

(cid:1)  encouraging  of  co-operation  in  the  Mediterranean  Sea,  including  between

fishermen’s associations;

(cid:1)  national management for all other issues, within 12-mile zones;

(cid:1)  Community  initiatives  aiming  at  strengthening  international  co-operation  for
fisheries  management  in  the  region,  in  particular  through  the  regional  fisheries
organisations concerned.

Incorporating environmental concerns into fisheries management

In line with Community commitments on biodiversity and environmental protection
as agreed at the Cardiff and Göteborg European Councils8 the Commission will take
account  of  environmental  and  ecosystem  effects  in  all  the  actions  described  in  this
Communication. In particular, it will consider environmental and biodiversity aspects
when  developing  multi-annual  management  plans.  Reduction  of  fishing  effort  and
rebuilding  of  fish  stocks  is  the  most  important  step  in  re-establishing  ecosystem
integrity.

The Commission will develop indicators of environmental impact on the basis of the
progress achieved by relevant bodies, including the European Environment Agency,
with a view to proposing the adoption of a preliminary set of such indicators early in
2003.  These  will  be  used  to  monitor  the  extent  to  which  management  actions  are
effective in addressing environmental problems.

The  Commission  advocates  a  long-term  strategy  to  promote  the  protection  of
vulnerable species, such as cetaceans, sharks, skates and rays and marine birds, and
habitats  by  such  means  as  gear  restrictions  and  closed  areas  and  seasons.  As  first
steps, the Commission will propose during 2002 measures to ensure the protection of
sharks,  within  the  FAO  International  Plan  of  Action  on  this  subject,  including  the
prohibition of "finning" (the removal of fins and discarding of carcasses) of sharks in
Community  waters,  measures  to  reduce  by-catch  of  cetaceans  and  a  conservation
programme concerning sea-birds.

The Commission will  also  encourage  and support  Member States  to  complete  their
obligations  to  protect  marine  species  and  habitats  in  the  framework  of  Directives
79/409/EEC  and  92/43/EEC,  undertaking  action  at  Community  level,  where
necessary.

An Action Plan for the improvement of scientific advice for fisheries management

In  addition  to  continued  support  for  fisheries  research  under  the  6th  Framework
Programme,  the  Commission  considers  that  measures  have  to  be  taken  aiming  at
improving  the  quality  and  timeliness  of  scientific  advice  to  fisheries  managers  and
providing the necessary financial support. Reliable and consistent scientific advice is
essential for effective fisheries management. These measures include:

8

COM(1999)363  "Nature  Conservation  and  Fisheries  Management",  COM(2001)143  "Elements  of  a
Strategy  for  the  Integration  of  Environmental  Protection  Requirements  into  the  Common  Fisheries
Policy", and COM(2001)162, Vol. IV "Biodiversity Action Plan for Fisheries"

9

                                                
(cid:1)  Improvement in data collection, extended to include environmental impact;

(cid:1)  improved support at national and Community level for scientific work in scientific
advisory  bodies  and  implementation  of  appropriate  validation  and  peer-review
processes;

(cid:1)  reinforcement  of  Community  structures  for  scientific  advice,  in  particular  the

Scientific Committee for Fisheries and Aquaculture (SCFA);

(cid:1)  closer  co-ordination  between  the  Commission  and  national  fisheries  research

laboratories concerning priorities and resource allocation in this area;

(cid:1)  the development in the longer term of a European Centre for Fisheries Assessment

and Management, bringing together scientific expertise at Community level.

3.2. 

Repercussion of the conservation policy on the fishing fleet

Fishing  effort  limits  are  an  essential  part  of  the  multiannual  management  plans
referred to in the previous section and will gradually become the prime management
instrument for mixed fisheries. They will in general require a reduction in the activity
of  the  existing  fleet.  Scientific  advice  currently  recommends  reduction  in  fishing
effort  of  up  to  60  per  cent  in  several  important  Community  fisheries.  Where  effort
limits  are  part  of  a  multi-annual  management  plan  which  foresees  a  significant
reduction in fishing mortality, the reduction in activity will also be large9. This will
have obvious repercussions for fleet capacity.

The reduction of fishing capacity in response to the fishing effort limits should be the
responsibility  of  the  Member  States.  The  role  of  Community  fleet  policy  will
therefore  be  to  create  an  environment  which  will  encourage  this  reduction  in
capacity.

Over-capacity  in  the  fishing  fleet  not  only  constitutes  a  risk  to  the  survival  of  fish
stocks but also produces negative economic effects in the fishing industry. It reduces
the ability of each vessel to remain profitable, which in turn reduces the possibility of
paying  for  the  modernisation  which  is  necessary  for  competitiveness.  An  overall
reduction in the level of capital employed in the catching sector is the first essential
step towards improving economic performance.

Public aid to investment in the fishing fleet works against this objective. It promotes
over-supply of capital by artificially reducing the costs and risks of investment. Each
subsidised  fishing  vessel  reduces  the  productivity  and  profitability  of  every  other
vessel in the fishery concerned. Subsidised and unsubsidised vessels share the same
fishing grounds and markets, so  competition is  distorted.  Aid to  investment in new
fishing vessels also reduces the efficiency of public aid to reduce the fishing fleet.

The Commission proposes the following measures:

New rules on the granting of aid to the fleet

9

In the case of the recovery plans for cod and hake, for example, the average reduction in fishing effort
for the fleets concerned is 43% (COM(2001) 724 final of 11.12.2001).

10

                                                
(cid:1)  Restriction of aid for modernisation, renewal and export of fishing vessels.

There can be no legitimate expectation by Member States that money, earmarked for
fleet renewal and modernisation within FIFG programming, will be available for this
purpose after MAGP IV has finished at the end of 2002. Article 3 (4) of the current
FIFG  regulation  (2792/1999)  provides  that  “for  the  remainder  of  the  programming
period  not  yet  covered  by  a  multiannual  guidance  programme  approved  by  the
Commission,  the  programming  information  shall  be  purely  indicative”.  Thus  after
this time any such money will be available for reprogramming to other areas.

Given the urgent need to reduce fishing effort, the use of public aid for new vessels
or  to  make  existing  vessels  more  efficient  may  be  counter-productive  and  can  no
longer be justified. The Commission therefore proposes that

– 

– 

– 

the possibility of granting public aid for the introduction of new capacity
be removed;

public aid for  the export of fishing  vessels  or  the  establishment  of  joint
enterprises with third countries be removed;

public  aid  for  modernisation  of  the  fleet  be  restricted  to  measures  that
concern  safety  on  board,  more  selective  fishing 
techniques  or
improvement of the quality of production and that do not concern engine
power or tonnage10 (such aid would also be conditional on overall  fleet
capacity limits being met);

–  Member States’ programmes under the Financial Instrument for Fisheries
Guidance  (FIFG)  be  adapted  in  order  to  give  priority  to  measures  that
will permanently reduce fishing capacity.

(cid:1)  Special measures for vessels affected by multi-annual management plans

– 

– 

Vessels  forced  to  reduce  their  activity  by  more  than  25%  under  the
multiannual management plans will be eligible for an increase of 20% in
the level of the scrapping premiums available under FIFG;

based on the assumption that amounts originally programmed for export
or  joint  ventures  are  reprogrammed  towards  scrapping  of  vessels,  the
Commission estimates that there will be a need to allocate € 272 million
more to scrapping in the period 2003 to 2006 in order to implement the
multi-annual management plans. Given the timing of the operation to re-
programme funds, € 32 milli on will be made available as extra money in
2003. For the remaining € 240 million Me mber States will be called upon
to reprogramme  amounts allocated under the Structural Funds within the
context of their mid-term review.

– 

Community  co-financing  of  national  aid  to  tie-up  schemes  would  be
available for one  year  after  adoption  of  the  management  plan,  provided

10

Investments that would increase the capacity of the vessel measured in terms of tonnage or power, or
concern  the  engine,  the  hull  or  spaces  inside  the  vessel  cannot  be  invoked  to  justify  public  aid.  The
Commission may decide on a list of eligible investments that could be supported with public aid.

11

                                                
that  a  re-structuring  plan  involving  scrapping  is  put  into  effect  for  the
vessels concerned.

Measures to limit fleet capacity

MAGPs  have  shown  their  limits  as  a  too  complicated  and  insufficiently  ambitious
tool  to  manage  the  fleet.  Nevertheless  the  Commission  will  ensure  that  Member
States  who  have  not  in  the  past  respected  their  obligations  on  the  withdrawal  of
capacity form the fleet face legal proceedings.

For  the  future,  the  Commission  proposes  a  simple  system  for  limiting  fishing
capacity.

Within this system an overall ceiling for fishing capacity for national fleets will be
fixed, in order to prevent the expansion of fishing fleets and to ensure that Member
States have complied with their obligations under MAGP IV.

New  fleet  “reference  levels”  will  be  fixed,  based  on  the  final  objectives  of  MAGP
IV. Any new entry will have to be accompanied by at least an equivalent withdrawal
of capacity (entry/exit ratio of 1 to 1). When capacity is withdrawn with public aid in
future the reference levels will be automatically adjusted downwards by the amount
of capacity withdrawn.

Member  States  whose  fleet  does  not  comply  with  these  reference  levels  or  which
does  not  comply  with  its  reporting  obligations  on  fleet  capacity  and  withdrawal  of
capacity  with  public  aid  will  face  the  withholding  of  all  public  aid  under  FIFG
provisions, with the exception of normal aid for scrapping, until it has complied with
these  obligations.  Failure  to  meet  obligations  may  also  result  in  a  reduction  in  the
allocation of fishing opportunities or fishing effort.

The Commission and Member States should regularly exchange information on and
monitor  progress  in  the  reduction  of  the  capacity  of  the  Community  fishing  fleet
towards  lower  levels  that  correspond  to  sustainable  fishing  mortality  rates  over  the
next  years (2003-2006). Progress  towards  these  levels  will  be  assessed  by  the  Peer
Review  process  described  in  section  3.9  below.  The  Commission  will  take
appropriate measures in the event that Member States do not comply with reference
levels for fleet capacity.

3.3. 

Access to waters and resources

Access to fish in the 6-to-12-miles zone  will continue to be reserved  to the vessels
operating out of adjacent ports and those enjoying historical rights, in order to protect
the  most  sensitive  part  of  the  coastal  zone  and  to  preserve  traditional  fishing
activities in these areas.

In  accordance  with  the  Acts  of  Accession  of  1985  and  1994,  respectively,  all
Member  States  fleets  will  have  access  to  all  Community  waters  on  a  non-
discriminatory  basis,  subject  to  the  general  access  limitations  that  apply  in  some
areas such as the Shetland Box. From 1 January 2003 access to resources beyond 12
miles  will  be  based  on  Council  decisions  in  conformity  with  the  objectives  of  the
CFP.

12

Derogations to the principle of free access to Community waters such as the Shetland
Box  will  have  to  be  reviewed  to  ensure  that  only  those  justified  by  conservation
purposes are maintained

The Commission proposes:

(cid:1)  to continue the current regime applicable to the 6-to-12-miles zone;

(cid:1)  for Community waters beyond the 6-to-12-miles zones:

– 

– 

to  identify,  before  the  end  of  2003,  those  access  arrangements  that
correspond  to  genuine  conservation  needs  and  to  remove  those  that  do
not;

to  complete  the  current  framework  for  fishing  access  by  regulating  all
relevant stocks in Community waters.

Fishing possibilities between Member States will be allocated in accordance with the
“relative  stability”  principle.  The  Community  should,  however,  decide  on  an
allocation key for each stock. This decision should also take account of any special
conditions for allocation, such as the so-called Hague Preferences, thereby removing
any  uncertainty  about  how  relative  stability  is  to  be  applied.  The  Commission
considers  that  this  allocation  key  should  be  designed  to  reflect  changes  in  fishing
activity over time, by, for instance, basing allocations on an average share of catches
over the preceding five or ten years.

3.4. 

Control and enforcement

The Commission proposes a new regulatory framework for control and enforcement
and  will  come  forward  with  an  Action  Plan  for  co-operation  between  national
authorities.

A new regulatory framework for control and enforcement

This framework will respond to the need for simplification of existing provisions and
better enforceability of the rules of the Common Fisheries Policy.  It also includes a
new balance between the basic provisions adopted by the Council after consultation
of 
the
Commission11.

implementing  measures  adopted  by 

the  European  Parliament  and 

The Commission proposes:

(cid:1)  a clear definition of responsibilities for control and enforcement;

(cid:1)  the  basic  conditions  for  engaging  in  activities  related  to  the  exploitation  of  fish

stocks;

11

It  will  provide 
recommendations adopted by Regional Fisheries Organisations through Commitology rules.

the  possibility  of  adoption  of  secondary 

legislation  and 

transposition  of

13

                                                
(cid:1)  uniform  rules  for  the  enforcement  of  the  Common  Fisheries  Policy  including
levels  for  sanction  as  well  as  measures  to  prevent  the  continuation  of  serious
infringements;

(cid:1)  a  Community  framework  for  co-operation  and  co-ordination  between  national
authorities  responsible  for  control  and  enforcement  and  a  Community  fisheries
inspection report;

(cid:1)  a clear definition of the role of the Commission including the powers and duties of
Commission  inspectors  when  controlling  the  implementation  of  the  rules  of  the
CFP by Member States;

(cid:1)  rules  for  the  acceptance  by  national  courts  of  inspection  reports  made  by

Community inspectors or those from another Member State.

In  addition,  following  a  feasibility  study  to  be  carried  out  in  co-operation  with  the
Member States in 2002, the Commission intends to come forward with a proposal for
a Joint Inspection Structure at Community level.

Compensation and sanctions

The measures proposed in order to increase the effectiveness of the new control and
enforcement framework include:

(cid:1)  when  a  Member  State  fails  to  comply  with  the  rules  of  the  Common  Fisheries
Policy,  decisions  of  the  Commission  on  compensation  for  losses  of  common
resources, in particular in the form of deduction of quota to Member States or, if
that is not possible, equivalent financial compensation;

(cid:1)  introduction  of  rules  for  the  suspension  by  the  competent  authorities  of  fishing
permits/licences granted to Community  fishing vessels, as  a preventive  measure,
in the case where such vessels have committed serious infringements;

The Commission will also make effective use of the Treaty rules on infringements by
Member States in respect of their control and enforcement obligations, including the
possibility to ask the Court of Justice to impose a lump sum or penalty payment on
the Member States concerned.

An Action Plan for co-operation in enforcement

The  Action  Plan  will  list  actions  to  be  implemented  jointly  by  the  competent
authorities  in  the  Member  States  and  the  Commission.  These  actions  will  promote
co-ordination  and  co-operation  between  all  authorities  involved  in  fisheries  control
and  contribute  to  the  creation  of  a  common  control  and  enforcement  culture
throughout the Community.

Actions will be identified in the following areas:

(cid:1)  specific monitoring programmes for fisheries subject to recovery plans (fixing of
common  inspection  priorities,  benchmarks  and  harmonised  procedures  for
inspection);

14

(cid:1)  training and exchanges of inspectors;

(cid:1)  a  code  of  conduct  for  inspection  clarifying  the  duties  of  inspectors  and  the
procedures to be followed by both inspectors and masters during inspections;

(cid:1)  strengthening  the  information  exchange  and  facilitating  the  data  flow  between

Member States’ authorities and inspectors;

(cid:1)  co-operation between inspection authorities and authorities responsible for follow-
up of infringements including the establishment of a network of national contact-
points.

A Joint Fisheries Inspection Structure

The  Commission  intends  to  propose  the  establishment  before  mid-2004,  of  a  joint
inspection  structure  at  Community  level,  which  will  pool  national  means  of
inspection  and  surveillance  in  relation  to  fisheries  or  other  areas  and  manage  them
within  a  Community  framework.  Pooling  of  means  will  include  the  operation  of
multinational inspection teams in both Community and international waters.

The joint fisheries inspection structure will be based on the following elements:

(cid:1)  Agreement  on  the  form  of  organisation,  its  set-up,  its  scope  and  the  tasks  to  be

performed.

(cid:1)  A definition of the relationships between the structure, national authorities and the

Commission.

(cid:1)  The  association  of  interested  parties,  including  the  fishing  industry,  within  the

joint inspection structure.

(cid:1)  Financing for inspection and surveillance.

The establishment of a joint inspection  structure  will  not change the  distribution of
responsibilities  for  fisheries  control  and  enforcement  between  the  Commission  and
the  Member  States,  in  which  the  Member  States  are  primarily  responsible  for  the
control  and enforcement of Common Fisheries  Policy  rules  and  the  Commission  is
responsible for monitoring and enforcing the correct application of Community law
by the Member States.

Implementing measures

The following technical modalities will be included in the implementing measures:

(cid:1)  An extension of vessel monitoring by satellite (VMS):

– 

as  from  1st  January  2003,  removal  of  existing  exemptions  (vessels
operating  exclusively  within  territorial  waters  or  making  trips  less  than
24  hours  and  extension  to  all  fishing  vessels  exceeding  15  metres  in
length);

15

– 

– 

as  from  1st  January  2004,  extension  to  all  fishing  vessels  exceeding  10
metres in length;

by  2004,  VMS  will  be  complemented  with  a  remote-sensing  vessel
detection system.

(cid:1)  Stricter VMS rules:

– 

– 

prevention  of  tampering  through  the  adoption  of  uniform  specifications
for systems and on board fishing vessels;

improved  surveillance  by  compulsory  inclusion  of  speed  and  course  in
position reports and uniform reporting frequency.

(cid:1)  A framework for the deployment of observers on board fishing vessels:

– 

– 

– 

the tasks of observers on board  will include the recording and reporting
on  the  activities  of  the  vessel  as  well  as  the  level  of  compliance  with
applicable rules;

procedures  for  deployment  of  observers  and  the  arrangements  for
financing of expenditure incurred by observer schemes;

observer schemes will be proposed by the Commission on a case-by-case
basis when other control systems are considered inadequate (for example
respect  of  a  discard  ban,  reduction  of  by-catch  or  non-target  species  or
use of illegal gear).

(cid:1)  Progressive  introduction  of  electronic  logbooks  (electronic  recording  and

reporting of data on fishing activities) linked to VMS:

– 

– 

the Commission will propose further pilot projects by 2003;

on the basis of the results of the pilot projects, introduction of electronic
logbooks  on  a  voluntary  basis  for  all  vessels  but  compulsory  for  larger
Community fishing vessels (> 24 m) and third country vessels operating
in Community waters.

3.5. 

International fisheries

The  Community's  actions  in  this  field  shall  aim  to  promote  and  strengthen
international  co-operation  and  ensure  sustainable  and  responsible  fisheries  outside
Community waters with the same commitment as in its own waters. .The Community
shall  aim  to  ensure  sustainable  exploitation  of  fisheries  resources  both  in  its  own
external fisheries activities and in international trade in fisheries products.

This  new  approach  is  reflected  in  the  bilateral  and/or  regional  sectoral  policy
dialogues,  which  take  into  account  interests  of  the  Community  and  the  legitimate
development  aspirations  of  its  partners,  and  which  respect  their  ownership  of  the
development  strategy.  The  Community  will  thus  contribute  to  the  sustainable
development of world fisheries, at the same time encouraging a greater participation
and  responsibility  of  the  stakeholders  and  a  greater  flexibility  and  transparency,  as

16

required by the principle of good governance. In this way the coherence between the
CFP and other Community policies will be increased in the external field.

In  this  context,  access  to  the  waters  of  third  countries  will  be  limited  to  surplus
stocks as defined by UNCLOS (Article 62).

These  actions  will  be  undertaken  under  a  Strategy  for  European  distant-water
fisheries that the Commission will propose, consisting of the following elements:

An Action Plan to eradicate illegal, unreported and unregulated fisheries (IUU)

The IUU Action Plan will involve initiatives to:
(cid:1)  strengthen  and  complete  the  international  legal  order  with  a  view  to  eliminating
both the use  of flag-of-convenience  vessels and the practice of landings in  ports
without proper controls. This should be achieved, inter alia, through the adoption
of international instruments  that will define  both  the  notion  of  "genuine  link"  to
the  flag  state  for  fishing  vessels,  so  that  such  vessels  are  properly  controlled  by
the  flag  States,  and  the  rights  and  obligations  of  the  port  States  to  ensure  the
effectiveness of conservation and management measures;

(cid:1)  reform  the  Community  framework  for  control  of  fishing  activities  outside

Community waters and in Community ports, as specified in chapter 3.4

An Action Plan to improve, at the regional and sub-regional levels, the evaluation
of stocks that are accessible to Community fishermen outside Community waters.

This  action  will  demonstrate  the  Community's  commitment  to  contribute  to
responsible  fisheries  through  its  participation  in  stock  evaluation,  for  the  mutual
benefit of Community's fishermen and the third countries involved.

The  Community  will  take  initiatives  through  the  relevant  regional  fisheries
organisations  and  through  the  FAO.  The  first  such  initiative  will  be  undertaken  in
West African waters. In this way, the Community will aim to obtain better scientific
advice on the state of the stocks before concluding new partnership agreements with
the third countries concerned.

An  integrated  framework  for  fisheries  partnerships  at  national  and/or  regional
level.

The purpose of this action will be to enhance a policy dialogue between the EC and
developing  countries,  in  the  spirit  of  the  Cotonou  agreement  (Article  8)  (notably
those which have concluded fisheries agreements with the Community), in order to
help  them  develop  a  fisheries  policy  that  can  gradually  improve  their  capacity  to
achieve  sustainable  fisheries  while  contributing  to  their  development  objectives,
including  the  maintenance  of  the  quality,  diversity  and  availability  of  fisheries
resources  in  the  context  of  food  security,  poverty  alleviation  and  sustainable
development.

For this purpose, the Community needs to identify the instruments of co-operation at
the bilateral and regional levels that can contribute to this objective and promote the

17

various  European  public  interventions  and  the  mutual  interest  of  the  parties  to
establish sustainable fisheries. The integrated  framework  will define  the  objectives,
instruments and procedures of this new approach.

Within this framework, Community public aid under fisheries Agreements should be
increasingly focussed on helping partner countries to implement sustainable fisheries
management  and  to  develop  their  own  fisheries  sector,  while  the  owners  of  the
Community  vessels  benefiting  from  such  Agreements  should  progressively  assume
greater  responsibility  for  the  financial  compensation  paid  to  partner  countries  in
exchange for fishing rights.

This  new  partnership  should  also  enable  fisheries  agreements  to  benefit  from  the
same systems of monitoring environmental, economic and social impact as the other
agreements  with  the  countries  concerned.  During  the  discussions  with  partner
countries  the  Commission  will  conduct  a  sustainability  impact  assessment  on  the
basis of the best available data.

To  build,  within  regional  fisheries  organisations,  new  strategic  alliances,  in
particular with coastal developing countries.

In order to defend the legitimate objectives of its fishing industry, the EC must seek
new  alliances  with  Parties,  in  particular  Coastal  Developing  States,  which  have
similar interests in sustainable commercial fishing activities within the framework of
regional fisheries organisations. In addition, in relation to co-operation at the national
and/or  regional  levels,  the  Community  will  endeavour  to  convince  its  Partners  to
implement  sustainable  exploitation  of  resources  based  on  sound  scientific  advice,
measures to manage fishing mortality, such as TACs and/or fishing effort limits and
better control and enforcement systems, which are prerequisites for an economically
viable and competitive fishing industry.

3.6. 

Aquaculture

The Community’s role is to provide the best possible conditions for the sustainable
development  of  European  aquaculture.  This  implies,  first  and  foremost  support  for
research and for developing appropriate environment and health standards.

The Commission proposes a strategy which aims at:

(cid:1)  assuring the availability of healthy products to the consumer;

(cid:1)  promoting an environmentally sound industry;

(cid:1)  creating employment in particular in fishing dependent areas.

Such a strategy shall contain inter alia the following measures:

(cid:1)  the  creation  of  a  set  of  common  standards  for  organic  aquaculture.  Demand  for
“bio”  products  is  growing,  including  organically  certified  fish,  but  the  EU
legislation on organic farming does not include specific provisions for aquaculture
products. A minimum set of common standards produced at European level will
avoid competition distortions;

18

(cid:1)  the adaptation of Community legislation on fish diseases to recent developments
in  production,  technology  and  management  systems  and  to  the  new  diagnostic
techniques;

(cid:1)  rules for the respect of welfare, biological needs and health  of  farmed  fish.  This
will improve the public perception of intensive aquaculture, and reduce in certain
cases the environmental impact or competition distortions;

(cid:1)  measures to reduce aquatic pollution from aquaculture, such as eutrophication due

to nutrient outputs;

(cid:1)  measures to prevent the introduction and escape of alien species.

3.7. 

The social dimension of the Common Fisheries Policy

Even  though  structural  adjustment  will  facilitate  the  environmental,  economic  and
social  sustainability  of  fishing  over  the  long-term,  it  is  bound  to  have  short-term
consequences  for  the  fisheries  sector  and  for  the  economy  of  a  number  of  coastal
areas  dependent  upon  fisheries.  The  mobilisation  of  public  funds  will  thus  be
required, not only to accelerate the scrapping of redundant fishing vessels but also to
address the social problems this may generate.

The  challenge  is  to  help  the  fishing  sector  bridge  the  gap  between  the  short-term
negative  consequences  of  the  multi-annual  management  plans,  which  will  adapt
fishing effort and  fishing capacity to  the  productive  potential  of  existing  resources,
and  the  long-term  gains  resulting  from  the  reconstruction  of  this  bio-economic
potential.

Socio-economic impacts of fishing effort limitation schemes

It is not possible at this stage to quantify the regional employment effects of fishing
effort  limitation  schemes.  It  is  in  particular  very  difficult  to  estimate  the  potential
loss of employment resulting from fishing effort limitations, given that:

(cid:1) 

loss of employment will depend on the range and scope of the management plans
and  fishing  effort  limitations  schemes  finally  adopted  by  the  Council    and  on
Member States’ decisions on the distribution of fishing effort limitations between
different groups of fishing vessels;

(cid:1)  alternative  employment  opportunities  in  the  fisheries  sector  vary  from  region  to
region, and in some areas fishermen losing employment on one vessel would have
no  difficulty  finding  employment  on  another  vessel,  since  the  sector  has  been
facing serious recruitment problems in the recent years.

However,  the  Commission  has  assumed,  based  on  earlier  experience  with  the
restructuring of the Spanish and Portuguese fleets that previously fished in Moroccan

19

waters12, that a maximum of 28,000 fishermen, representing around 11% of the total
employment at sea, could be affected by these measures13.

A new strategy to address structural adjustment

To deal with the structural adjustment that will be necessary following reduction of
employment  opportunities  in  the  fisheries  sector  resulting  from  a  commitment  to
sustainable  fishing  and  to  improve  living  and  working  conditions  in  the  fisheries
sector,  the  Commission  intends  to  adopt  a  strategy  involving  the  following
components:

(cid:1)  Conducting  bilateral  consultations  with  the  Members  States  to  assess  the  likely

socio-economic impacts of fishing efforts limitation schemes

(cid:1)  On  the  basis  of  these  consultations,  formulating  an  Action  Plan  to  counter  the

socio-economic consequences of fisheries restructuring

(cid:1)  Reprogramming structural funds to take advantage of existing instruments to deal

with the likely socio-economic impacts of fishing efforts limitation schemes

(cid:1)  Developing  a  long  term  strategy  for  integrated  development  of  coastal  areas

dependent on fishing

(cid:1)  Reinforcing sectoral dialogue

(cid:1)  Assessing working conditions and safety in fishing and fish processing

Bilateral consultations with the Member States

Although it is difficult at this stage to have a clear indication of the regions/areas that
would  be  most  affected  by  fishing  effort  limitation  schemes,  the  Commission
recognises  that  these  proposals  will  require  substantial  restructuring  efforts.  It  will
thus  organise bilateral discussions with the Member States to address the following
issues:

(cid:1)  the likely employment impact of fishing effort limitations and reductions in vessel

numbers in the light of proposed recovery plans;

(cid:1)  the identification of the regions in which fishermen may require special assistance

to find new jobs;

(cid:1)  the  scope  for  adaptation  of  existing  Community  aid  regimes  (FIFG,  ERDF  and
ESF),  notably  in  the  context  of  the  mid-term  review  in  2003-2004,  in  order  to
improve the effectiveness of aid in facilitating the transfer of fisheries workers to
other sectors and generating new employment opportunities.

Appropriate account will be taken of the need of the outermost regions.

12

13

This figure corresponds to approximately 1 job lost for every 10 tonnes of fishing capacity scrapped.
Based on 1998 figures. This would mean an average net reduction of 7000 fishermen per year over the
period  2003-2006.  It  should  be  noted  that  the  average  annual  employment  reduction  observed  in  the
fishing sector in recent years was 8000 jobs.

20

                                                
Action Plan to counter  the socio-economic consequences of fisheries restructuring

On the basis of these consultations and as soon as the Commission has received all
the  necessary  information  from  Member  States,  it  will  present  an  Action  Plan  to
counter  the  social,  economic  and  regional  consequences  of  fisheries  restructuring.
This Action Plan will complement and fine-tune the provisional estimate of lost jobs
and  will  also  address  the  financial  needs  in  order  to  accompany  the  reform  of  the
CFP.

Reprogramming structural funds to take advantage of existing instruments

The Commission will call upon Member States and the regions concerned to review
the needs for re-programming of structural funds programmes, and where necessary,
the eligibility of Objective 2 areas. The mid-term review of the 2000 to 2006 period
in 2004 offers an opportunity to do so.

The  Community  is  already  equipped  with  structural  policy  instruments  that  can
contribute  to  addressing  the  problems  of  fishermen  affected  by  the  restructuring  of
the  sector.  In  the  framework  of  the  Financial  Instrument  for  Fisheries  Guidance
(FIFG), the following social measures are already available:

–  part-financing  of  early  retirement  schemes,  either  for  vessel  owners  wishing  to

reduce their fishing effort or for crew members;

–  individual  compensatory  (lump sum)  payments  to  fishermen  employed  on  board

vessels having stopped their activities on a permanent basis;

–  non-renewable  individual  compensatory  payments  to  fishermen  to  help  them

retrain;

–  non-renewable  individual  compensatory  payments  to  fishermen  to  help  them

diversify their activities.

These instruments are so far not widely used but the large-scale structural adjustment
now required in the fisheries sector may result in more demand for such support, at
least in areas particularly depending on fishing.

The proposal to exclude, as from 2003, public aid for the transfer of fishing vessels,
including  in  the  context  of  joint  enterprises,  and  aid  for  constructing  new  fishing
vessels and to restrict aid to modernisation of fishing vessels to certain purposes will
have the effect that a substantial amount of public aid under FIFG cannot be used as
planned  in  national  programmes.  Member  States,  which  are  responsible  for  fixing
priorities  in  respect  of  use  of  all  Community  structural  funds,  should  decide  to  re-
programme this amount in whole or in part to social measures.

Some 80% of fisheries-dependent areas are located in Objective 1 or 2 regions. This
means  that  financial  support  is  programmed  at  regional  level  to  help  productive
investment (in particular in SMEs and craft sector or for tourism) in these regions or
retraining  for  professional reconversion under  the European  Regional  Development
Fund (ERDF) and the European Social Fund (ESF).

ESF  also  provides  funding  to  help  adapt  and  modernise  policies  and  systems  of
education, training and employment in all Community regions.

21

Based  on  the  assumption  that  amounts  originally  programmed  for  construction  and
modernisation of vessels (estimated to €460,6m for the period 2003-2006) would be
reprogrammed in favour of socio-economic measures, the Commission estimates that
additional  resources  in  the  order  of  88  million  Euros  might  be  necessary  to  co-
finance these measures. However, it will take some time for management plans and
effort limitation schemes to be adopted. Additional resources for social measures are
thus  unlikely  to  be  needed  before  2004.  These  additional  resources  would  then  be
covered by further reprogramming of the structural funds, after the mid term review.

A strategy for integrated development of coastal areas dependent on fishing

Given the lengthy time period over which stock recovery will be needed, a long-term
strategy  for  integrated  development  of  coastal  areas  currently  dependent  on  fishing
should be considered for implementation after 2006, aiming to:

(cid:1)  recognise  the  role  played  by  fishermen  and  other  fisheries  stakeholders  in
maintaining  the  social  and  cultural  heritage  of  coastal  areas,  maintaining
populations  in  remote  areas  where  few  other  economic  activities  exist,  and
providing  leverage  for  the  development  of  alternative  activities,  tourism  in
particular,

(cid:1)  promote the development of complementary coastal activities which may provide
alternative  employment  on  a  full-time  or  part-time  basis  to  coastal  populations
depending upon fishing.

Reinforcement of Sectoral dialogue

The  Commission  will  also  invite  the  social  partners,  in  particular  the  “Maritime
Fisheries  Committee  of  Sectoral  Dialogue”,  to  consider  measures  aiming  at
improving living and working conditions in the fisheries sector. This dialogue could:

(cid:1)  generate  such  contributions  as  the  social  clause  recently  recommended  by  the
into  Community  fisheries

introduction 

above  mentioned  Committee  for 
agreements;

(cid:1)  ensure a better image of the sector, especially in order to improve employment of
young people by stimulating the development of a culture of health and safety in
the fishing industry,

(cid:1)  enhance the role played by women in the fisheries sector, as the status and social

protection granted to them remains often insufficient.

Assessment of working conditions and safety in fishing and fish processing

With respect to improvement of living and working conditions in the fisheries sector
the Commission will assess the implementation of Community legislation on safety
and working conditions for fishermen and fish industry workers, as fishing remains
one  of  the  most  hazardous  professional  activities  with  significantly  higher  accident
rates  than  in  the  rest  of  the  primary  sector.  Where  necessary,  the  Commission  will
submit proposals for improvements of the relevant legal framework.

(cid:1) 

22

3.8. 

Economic management of fisheries in the Union

The Commission considers that the fisheries  sector is  still  characterised  by  specific
features  which  make  the  application  of  normal  economic  conditions,  such  as  free
competition between producers and freedom of investment, difficult to apply  in the
short term. These include the structural imbalance between scarce fisheries resources
and the size and power of fishing fleets, the continuing dependence of certain coastal
communities  on  fisheries  and  the  absence  of  similar  conditions  of  competition  for
operators  in  different  Member  States,  due  to  different  national  attitudes  towards
public aid to this sector.

If the Community takes action to address these issues, on the basis of the proposals
now put forward, it will gradually create a climate that will be more favourable to the
introduction  of  more  normal  economic  conditions  and  the  elimination  of  such
barriers  to  normal  economic  activity  as  national  allocations  of  fishing  possibilities
and the principle of relative stability.

Meanwhile,  the  Community  needs  to  consider  ways  in  which  the  economic
dimension  of  fisheries  management  can  better  contribute  to  the  objectives  of  the
CFP.

The  Commission  will  therefore  organise,  during  2002,  workshops  on  economic
management with representatives of fisheries administrations, the fisheries sector and
other interests to discuss the scope for provisions within Community and/or national
fisheries management systems for:

(cid:1)  a system of tradable fishing rights (individual or collective);

(cid:1)  payment for the right to fish and/or recovery of fisheries management costs from

the fishing sector.

The  Commission  will  report  during  2003  to  the  Council  on  the  outcome  of  these
debates and, when appropriate, make proposals or recommendations for Community
and national follow-up.

The  Commission  will  ensure  strict  consideration,  monitoring  and  control  of  State
aids in order to avoid negative impacts on  fisheries  resources and to strengthen the
link  between  Member  States'  compliance  with  the  objectives  of  the  CFP  and  the
approval of State aid.

3.9. 

Effective and participatory decision-making

There  is  a  need  to  adapt  and  improve  the  governance14  of  the  Common  Fisheries
Policy  with  a  view  not  only  to  open  up  the  policy-making  process  to  interested
parties  but  also  to  promote  greater  accountability  and  responsibility  for  all  those
involved.

The Commission proposes:

14

Governance  means rules, processes and behaviour that affect the  way in  which  powers  are  exercised,
particularly as regards openness, participation, accountability, effectiveness and coherence.

23

                                                
The  establishment  of  Regional  Advisory  Councils  for  fisheries  management
(RACs) to ensure greater stakeholder involvement at the regional and local level

(cid:1)  The RACs will have the following advisory functions:

– 

– 

– 

– 

to  submit  suggestions,  of  their  own  accord  or  at  the  request  of  the
Commission  or  a  Member  State,  on  matters  relating  to  fisheries
management to the Commission or the Member States concerned;

to  give  an  opinion  on  Commission  or  Member  State  proposals  on
conservation  and  management  dealing  with  a  fishery  relevant  for  the
region concerned;

comment on and recommend improvements in the implementation of the
Community legislation in the region concerned;

conduct any other activities which are necessary to fulfil their functions.

interest 

(cid:1)  Membership  rules  will  be  flexible  enough  so  as  to  ensure  participation  of  all
parties  with  a  real 
the
in  fisheries 
configuration  of  interested  parties  will  vary  according  to  the  subject  to  be
addressed  by  the  RAC.  At  the  broadest  level,  membership  would  include
fishermen's  organisations,  scientists,  the  relevant  national,  regional  or  local
administrations,  environmental  and  other  interested  NGO's,  representatives  from
aquaculture  and  processing  industries,  recreational  fishermen,  wholesalers  and
fishworkers.

issues  concerned,  although 

(cid:1)  The Commission and Member States will not be bound by the recommendations,
opinions  or  reports  of  the  Regional  Advisory  Councils  but  may  explain  in  the
explanatory  memorandums  of  their  proposals  how  they  dealt  with  the  opinion
given by the competent RAC.

(cid:1)  The  new  Council  Framework  Regulation  on  conservation  and  management  will
provide  the  appropriate  legal  base  for  the  establishment  of  RACs  and  will  spell
out the principles that shall govern their operation.

Clarifying  management  responsibilities  to  meet  local  management  needs  and
emergency situations effectively

Member States will be authorised, under the new Council Framework Regulation on
conservation  and  management,  to  take  non-discriminatory  fisheries  management
measures  applicable  to  all  vessels  within  their  12-mile  zones  and  to  vessels  flying
their  flag  within  waters  under  their  jurisdiction,  provided  that  the  measures  are
notified beforehand to the Commission and other Member States concerned and that
they are compatible with (and no less stringent than) relevant Community measures.
The  Commission  may  require  the  cancellation  of  any  measures  which  are  not  in
conformity with Community law.

A  Member  State  (or  more  than  one  Member  State)  will  also  be  authorised  to  take
emergency  measures  to  apply  no  longer  than  three  months  within  waters  under
its/their  jurisdiction  applicable  to  all  vessels,  provided  such  measures  are  notified

24

beforehand to the Commission  and other  Member States and the Commission  does
not object to such measures within a short period of time.

The powers of the Commission to take emergency measures will be strengthened by
extending the maximum duration of such measures to one year. This will allow more
time for the adoption by the usual procedures of new Community rules to meet the
needs of the situation.

The  drawing-up  of  a  European  Code  of  responsible  fisheries  practices  with  the
active participation of fishermen and other interested parties

Voluntary rules, in the form of principles and standards of behaviour for responsible
fisheries  practices  such  as  those  promoted  by  the  FAO  Code  of  Conduct,  can
supplement the  regulations  in force, by improving the  commitment  of  fishermen to
responsible  fishing.  Discards  is  one  area  where  voluntary  rules  agreed  in  the
framework  of  future  RACs  can  bring  added  value  to  general  rules  foreseen  in  the
technical measures Regulations.

As  a  first  step,  the  Commission  will  invite  the  stakeholders  operating  in  the
framework of the Advisory Committee for Fisheries and Aquaculture to contribute to
the development of a European Code of responsible fisheries practices. Such a Code
should be then completed by a set of best regional practices to be developed by the
relevant RACs.

Dialogue with third country stakeholders

This  action  involves  the  creation  of  a  framework  for  dialogue  and  consultation
involving  interested  stakeholders  and  civil  society  from  third  countries,  on  the
international  fisheries  activities  of  the  Community,  and  in  particular  on  the
negotiation of future fisheries partnerships with developing countries.

Delegation of powers and simplification of rules

(cid:1)  The Commission proposes a greater recourse to "framework regulations" that will
establish the basic  objectives,  principles  and rules of  a  given  aspect  of  the  CFP,
such  as  conservation  and  management  and  control.  On  that  basis  more  detailed
technical and procedural rules shall be laid down by the Commission assisted by a
Committee  composed  of  representatives  of  Member  States.  Examples  of  such
implementing  decisions  include  the  adjustment  of  catch  or  fishing  effort  limits
concerning species subject to multi-annual management plans, the transposition of
international  recommendations  that  will  become  binding  on  the  Community  and
the implementation of control and enforcement rules.

(cid:1)  The  national  obligatory  co-financing  of  projects  financed  under  the  Financial
Instrument for Fisheries Guidance (FIFG) will no longer be subject to the control
under  state  aid  rules.  Thus  FIFG  financing  could  be  disbursed  quicker  and  the
administrative  burden  both  for  Member  States  and  the  Commission  will  be
reduced.

25

(cid:1)  Depending on the progress of  reform, the Commission  may  propose  that  certain
types  of  state  aids  to  the  fisheries  sector,  particularly  social  aids,  will  no  longer
have to be notified by Member States because they are unproblematic.

Actions to promote transparency and peer review

(cid:1)  A  regular  dialogue  between  the  Member  States  and  the  Commission  on  the
implementation  of  the  CFP  will  be  established  in  a  so-called  “peer  review”
process.  One  subject  will  be  fleet  policy,  on  the  basis  of  reports  that  will  be
prepared  by  the  Commission.  In  this  process  Member  States  will  be  invited  to
present  national  measures  for  ensuring  compliance  with  obligations  under
Community  law  and  to  respond  to  questions  and  comments  from  other  Member
States  and  the  Commission.  Other  subjects  for  peer  review  would  include  the
economic and social aspects of fisheries management.

(cid:1)  The  Commission  will  provide  greater  public  transparency  of  Member  States’
performance  in  respect  of  the  rules  of  the  CFP  by  regularly  publishing  a
“Compliance  Scoreboard”,  in  which  information  concerning  national  catch  and
fleet reports, inspection activity and other relevant indicators of compliance with
CFP rules will be made available. Summary information concerning infringement
procedures against Member States will also be included.

(cid:1)  Transparency  of  decisions  taken  with  the  Common  Fisheries  Policy  shall  be
increased by a systematic publication of all decisions taken in the Official Journal
and on the Internet. Aggregate data, such as those on catches, fishing efforts and
capacity of fleets of Member States, shall be made public.

3.10.  Review

The  Commission  proposes  that  the  conservation  and  fleet  policy  aspects  of  the
reformed Common Fisheries Policy be the subject of a further review in 2008.

4. 

CONCLUSION

The  CFP  has  reached  a  turning-point.  The  challenges  are  urgent  and  serious.  The
current  poor  sustainability  performance  of  the  CFP  proves  that  many  of  the
instruments applied over the last twenty years have reached their limits. In this state
of  crisis  there  is  a  need  for  major  change.  Reform  of  the  objectives,  principles,
priorities  and  instruments  of  the  CFP  is  more  than  ever  necessary  to  deliver
sustainable  development  and  to  ensure  that  the  European  fishing  industry  has  a
secure future.

The  present  Communication  now  presents  the  first  package  of  reform  proposals.
These are:

(cid:1)  Council  Regulation  on  the  conservation  and  sustainable  exploitation  of  fisheries
resources  under  the  CFP,  establishing  the  framework  within  which  conservation
measures,  measures  to  adjust  fishing  capacity  and  control  and  enforcement
measures may be taken under the CFP. The Regulation should enter into force by
1 January 2003.

26

(cid:1)  Council  Regulation  establishing  an  emergency  Community  measure  for  the
scrapping  of  fishing  vessels  over  the  period  2003-2006.  The  Regulation  should
enter into force by 1 January 2003.

(cid:1)  Council  Regulation  amending  Council  Regulation  (EC)  No  2792/1999  laying
down  the  detailed  rules  and  arrangements  regarding  Community  structural
assistance  to  the  fisheries  sector.  The  Regulation  should  enter  into  force  by  1
January 2003.

(cid:1)  Action Plan to integrate environmental protection requirements into the Common

Fisheries Policy.

(cid:1)  Action  Plan  for  the  eradication  of  illegal,  unreported  and  unregulated  fishing

(IUU).

The Commission will also come forward with the following legislative proposals and
other actions for Reform as follows:

Structural, economic and social measures

(cid:1)  Action  Plan  to  counter  the  social,  economic  and  regional  consequences  of  the
restructuring of the EU fishing industry.  It will be presented in the second half of
2002..

(cid:1)  Report on economic management of fisheries within the Union. The Commission

will present its report to the other European Institutions in 2003.

Conservation

(cid:1)  Action  Plan  for  the  improvement  of  scientific  advice  for  fisheries  management.

The Action plan will be presented in the second half of 2002.

(cid:1)  Action Plan on discards. The Action Plan will be presented in the second half of

2002.

(cid:1)  Action Plan for fisheries management in the Mediterranean. The Action Plan will

be presented in the second half of 2002.

(cid:1)  Code  of  Conduct  for  responsible  fisheries  in  Europe.  ACFA  will  be  invited  to

develop such a Code by the end of 2002.

International aspects

(cid:1)  Integrated Framework for fisheries partnerships at national and regional level. The

Framework will be presented in the second half of 2002.

(cid:1)  Action  Plan  to  improve  stock  evaluation  in  non-Community  waters.  The  Action

Plan will be presented before the end of 2002.

Control and enforcement

(cid:1)  Action Plan for co-operation in enforcement. The Action Plan will be presented in

the second half of 2002.

27

(cid:1)  Communication  on  a  Joint  Inspection  Structure.  The  Communication  will  be
presented  before  the  end  of  2002.  The  Joint  Inspection  Structure  should  be  in
place by mid-2004.

Other measures

(cid:1)  Strategy  for  the  development  of  European  Aquaculture.  The  strategy  will  be

presented in the second half of 2002.

(cid:1)  Communication  on 

and 
Communication will be presented in the second half of 2002.

transparency,  performance 

compliance:  The

28

Annex 1

The current state of the main Community fish stocks

(i) Overview

The  quantities  of  mature  demersal  fish  in  the  sea  as  assessed  by  the  International
Council  for  the  Exploration  of  the  Seas  (ICES)  have,  in  many  cases,  declined
significantly  over  the  last  25  years.  On  average,  these  quantities  were  about  90  %
greater in the early 1970's than in the late 1990's. The general decline in landings is
similar. For some stocks such as cod even more drastic reductions in mature fish have
occurred.  The  biomass  of  pelagic  and  industrial  species  increased  by,  on  average,
20%  since  the  late  1970's  and  mid  1980's  at  least  in  part  following  the  recovery  of
herring from the low levels of the late 1970's.

The  overall  trend  is  of  an  increased  proportion  of  the  stocks  being  taken  each  year
(increased  fishing  mortality  rate)  which  has  led  to  the  erosion  of  the  quantities  of
mature fish.  In recent  years  for many stocks the  quantities  of  mature  fish  in  the  sea
have  been  below  or  very  close  to  the  minimum  levels  required  to  provide  high
probability  of  sustainability  (precautionary  levels  of  stock  biomass),  whereas
historically  they  tended  to  be  above  such  levels.  Similarly,  many  stocks  have  been
subject to a level of fishing mortality rate in excess of precautionary levels whereas,
historically, the fishing mortality rate was less than the precautionary level.

From a biological point of view, the sustainability of a high number of stocks will be
threatened if the current levels of exploitation are maintained and, at present, this risk
is highest for demersal round fish stocks which are of high commercial value.

The  situation  is  better  for  pelagic  stocks.  Stocks  of  small  pelagic  species  (herring,
sprat,  mackerel,  horse  mackerel,  anchovy,  sardine)  and  species  which  support
industrial fisheries (Norway pout,  sandeels) have  generally  not deteriorated  over  the
last twenty years and especially not over the last ten years.

In  the  case  of  benthic  resources  (Norway  lobster,  flatfish)  a  general  economic
overexploitation  pattern  can  be  observed  but  at  the  biological  level  the  situation
cannot be considered as systematically serious.

Finally, there are also resources such as skates and rays, and the minor flatfish species
(including  turbot,  brill,  lemon  sole,  witches,  dabs)  that  are  not  subject  to  detailed
scientific follow-up but which may also be overexploited.

The  situation  varies  from  one  zone  to  another,  especially  in  terms  of  apparent
evolution  of  fishing  mortality  in  the  mid-to  long-term.  In  the  Baltic,  the  current
situation does not seem to be sustainable. In the North Sea, it has not been possible to
reverse the decline of round fish stocks nor to ensure in the case of sole and plaice a
security margin in accordance with the precautionary principle which would have also
improved  the  economic  situation  for  these  fisheries.  In  Western  waters,  fishing
mortality rates have been increasing catching up with and often exceeding historical
levels  observed  in  the  North  Sea.  In  the  Mediterranean,  the  available  scientific  data
are less complete but there is a large consensus that many important stocks are being
over-fished.

29

To sum up, many stocks are at present outside or almost outside safe biological limits.
They  are  too  heavily  exploited  or  have  low  quantities  of  mature  fish  or  both.  At
present,  the  situation  for  most  stocks  is  not  catastrophic.  If  current  trends  continue,
however, many stocks will collapse. Improvement in the state of many fish stocks is
urgent.

(ii) Stocks for which scientific advice recommends recovery plans

(cid:1)  Blue whiting (combined stock, I-IX, XII and XIV)

(cid:1)  Cod in Kattegat

(cid:1)  Northern hake in the North Sea

(cid:1)  Northern hake in Skagerrak and Kattegat

(cid:1)  Northern hake in Western waters (Vb, VI, VII, XII, XIV)

(cid:1)  Cod in North Western waters (Vb, VI, XII, XIV)

(cid:1)  Cod in the Irish Sea (VIIa)

(cid:1)  Cod in western waters (VIIb-k, VIII, IX, X, CECAF)

(cid:1)  Whiting in the Irish Sea (VIIa)

(cid:1)  Norway lobster in the Cantabrian Sea (VIIIc)

(cid:1)  Norway lobster in the Western Iberian region (IX, X, CECAF)

(cid:1)  Norway lobster in the Bay of Biscay (VIIIabde)

(cid:1)  Sole in the Northern part of the Bay of Biscay (VIIIab)

(cid:1)  Haddock in the Irish Sea (VIIa)

(iii) Other stocks outside safe biological limits

(cid:1)  Anglerfish in Norwegian Sea and North Sea (IIa, North Sea)

(cid:1)  Anglerfish in the Iberian region (VIIIc, IX, X, CECAF)

(cid:1)  Anglerfish in western waters (Vb, VI, XII, XIV)

(cid:1)  Anglerfish in the West of Ireland (VII)

(cid:1)  Anglerfish in the Bay of Biscay (VIIIabde)

(cid:1)  Horse mackerel in the western Iberian region (VIIIc, IX)

(cid:1)  Horse mackerel in the West of Scotland, West of Ireland and Bay of Biscay (Vb,

VI, VII, VIIIabde)

30

(cid:1)  Megrims in the Bay of Biscay (VIIIabde)

(cid:1)  Sole in the Western English Channel (VIIe)

(cid:1)  Sole in the Norwegian Sea and the North Sea (II, N. Sea)

(cid:1)  Sole in the Celtic Sea (VIIfg)

(cid:1)  Plaice in the Celtic Sea (VIIfg)

31