Opinion of the Committee of the Regions on: the Proposal for a Council Regulation on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
Date: 2003-02-12
Institutions: European Committee of the Regions
Subjects: clandestine worker, common fisheries policy, conservation of resources, environmental protection, fishing vessel, structural policy, sustainable development, waste disposal

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Opinion of the Committee of the Regions on:

— the ‘Communication from the Commission on the reform of the Common Fisheries Policy

(“Roadmap”)’,

— the ‘Communication from the Commission Community action plan for the eradication of

illegal, unreported and unregulated fishing’,

— the ‘Proposal for a Council Regulation on the conservation and sustainable exploitation of

fisheries resources under the Common Fisheries Policy’,

— the ‘Communication from the Commission setting out a Community Action Plan to integrate

environmental protection requirements into the Common Fisheries Policy’,

— the ‘Proposal for a Council Regulation amending Regulation (EC) No 2792/1999 laying down
the detailed rules and arrangements regarding Community structural assistance in the
fisheries sector’, and

— the ‘Proposal for a Council Regulation establishing an emergency Community measure for

scrapping fishing vessels’

(2003/C 128/02)

THE COMMITTEE OF THE REGIONS,

having regard to the communication from the Commission on the reform of the Common Fisheries
Policy (‘Roadmap’) (COM(2002) 181 final);

having regard to the communication from the Commission setting out a Community Action Plan for the
eradication of illegal unreported and unregulated fishing (COM(2002) 180 final);

having regard to the proposal for a Council Regulation on the conservation and sustainable exploitation
of fisheries resources under the Common Fisheries Policy (COM(2002) 185 final — CNS/2002/0114);

having regard to the communication from the Commission setting out a Community Action Plan to
integrate environmental protection requirements into the Common Fisheries Policy (COM(2002) 186
final);

having regard to the proposal for a Council Regulation amending Regulation (EC) No 2792/1999 laying
down the detailed rules and arrangements regarding Community structural assistance in the fisheries
sector (COM(2002) 187 final — CNS/2002/0116);

having regard to the proposal for a Council Regulation establishing an emergency Community measure
for scrapping fishing vessels (COM(2002) 190 final — CNS/2002/0115);

having regard to the Commission decision of 28 May 2002 under Article 265(1) of the Treaty establishing
the European Community, to consult it on this matter;

having regard to the decision taken by its Bureau on 6 February 2002 to entrust the Commission for
Sustainable Development with the preparation of the opinion;

having regard to the Opinion of 14 November 2001 on the Commission Green Paper on the future of
the Common Fisheries Policy (COM(2001) 135 final), CdR 153/2001 fin (1);

having regard to the draft opinion adopted by the Commission for Sustainable Development on
12 December 2002 (CdR 189/2002 rev. 2 — rapporteur: Sir Simon Day, UK/EPP);

whereas the Committee of the Regions regards the reform of the Common Fisheries Policy as of
fundamental concern to the future of the industry and those whose economic livelihood depend on it;

(1) OJ C 107, 3.5.2002, p. 44.

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whereas fishing as an industry must be sustainable and undertaken in a way that is not detrimental to the
environment, which may require a degree of short-term pain for long-term gain;

whereas where there is a reduction in capacity, fishing effort and/or catches, the livelihoods of those who
are in the fishing industry and those whose communities depend on fishing activity must be adequately
compensated through social and economic measures;

whereas the priority aim of achieving a sustainable Community fisheries sector entails introducing
management measures which guarantee both sustainable conservation of Community fish stocks and the
Community’s own fisheries activity, meaning fishermen. Proposals for management under the new CFP
must reconcile these aspects in a balanced way,

unanimously adopted the following opinion at its 48th plenary session of 12 and 13 February 2003
(meeting of 12 February).

VIEWS AND RECOMMENDATIONS

1. Conservation of Resources and Management of Fishe-

ries

Scientific Information and the Precautionary Principle

1.1.
The Committee of the Regions (CoR) has previously
made clear the importance of a thorough scientific justification
for the measures the European Commission wishes to adopt.

The European Commission’s proposals include a new
1.2.
multi-annual framework for conservation of fish stocks and
management of fisheries, based on the precautionary principle.
As there are different definitions of the precautionary principle,
the CoR calls on the European Commission to state clearly
what exactly is meant by this. The absence of scientific
information should not be used as a reason for postponing or
failing to take action to conserve fish stocks or the environ-
ment. The European Commission is adopting a position of
being over-cautious in its approach which could aggravate the
loss of fishing enterprises.

1.3.
The CoR seeks an assurance that sufficient funding is
to be made available to enable the scientific input to be
effective.

The CoR strongly supports the Commission’s proposal
1.4.
to present an action plan to enhance scientific information,
strengthen Community advice structures, and set up a Euro-
pean Centre for Fisheries Research and Management, and urges
the Commission to ensure that adoption of these measures
coincides with the period of execution of the corresponding
budget items, at the same time as the adoption of the other
CFP reforms and within the review period.

1.5.
The CoR notes with satisfaction the initiative of the
Fisheries Partnership Group of the North Sea Commission
launching a fruitful dialogue between European fisheries
organisations and the scientific community. This dialogue has
already given rise to a cooperation project in which a large
number of fishermen are participating. This enhances the
reliability of the study and its acceptability to the fishing
community.

Multi-Annual Management Plans

1.6.
The CoR welcomes the Commission’s proposal for
multi-annual management plans (MAMPs) for the management
of commercial fish stocks or groups of stocks on the basis of
scientific advice, provided the scientific justification is robust.

1.7.
The CoR notes, however, that there is limited experi-
ence of multi-annual management plans. The effects of these
may vary, according to the different fish stocks involved and
differing circumstances. The CoR therefore urges the European
Commission to exercise an extremely cautious approach in
order to save Community fish stocks for future generations.

1.8. Multi-annual management plans are also intended to
be conducive to stable company results. In drawing up multi-
annual management plans, it is therefore important that the
TACs and annual quotas should not fluctuate by more than
± 15 %. This is above all in the interests of pricing.

1.9.
The CoR has previously expressed its concern that, in
considering conservation measures, particular attention should
be paid to the outermost regions. The CoR therefore welcomes
the specific statement in the ‘roadmap’ that account will be
taken of the particular needs of the outermost regions of the
EU in accordance with Article 299 of the Treaty.

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Technical Measures

1.10.
The CoR welcomes the principle of increasing techni-
cal measures as a means of preserving juvenile stocks and
bringing fish stocks to sustainable levels. However, the pro-
for more selective fishing gear, whilst reducing the
posal
numbers of juvenile fish caught, will not eliminate all juvenile
fish, particularly where mixed fisheries are concerned. In these
circumstances, the European Commission proposes providing
for certain minimum landing sizes, which effectively provides
landings of some immature fish. This does not
for legal
discourage a market in immature fish and is therefore incon-
sistent with the European Commission’s principal objective of
ensuring a sustainable fishing resource.

1.11.
The fishing industry is to be invited to develop a
voluntary Code of Conduct to reduce discarding and an
Action Plan will be prepared. The Action Plan to integrate
environmental integration includes a provision for a new set
of technical measures specifically addressing discard reduction
before 31 December 2003. The CoR recalls that the present
CFP’s solution to fisheries management problems necessarily
involves establishing economic incentives for individual fisher-
men and associations (joint management), to encourage fisher-
men to operate in a responsible way.

Industrial Fisheries

The CoR welcomes the European Commission’s pro-
1.12.
posals for industrial fishing to be subject to the conservation
and management measures, including MAMPs, and its inten-
tion to request the International Council for the Exploration
of the Seas to evaluate the impact of industrial fisheries on
marine eco-systems. This is consistent with the CoR’s previous
call for the impact of industrial fisheries — the practice of
producing fish meal and fish oil — on fish species for human
consumption to be kept to an absolute minimum.

Fisheries Management in the Mediterranean

1.13.
The roadmap indicates that the policies of conser-
vation and management of the fisheries resource will apply
equally to the Mediterranean, with some adjustments. These
will be set out in a separate Action Plan.

Incorporating Environmental Concerns into Fisheries Management

In line with the CoR’s previous call

1.14.
for greater
integration of the environmental dimension into the CFP, the
proposed Action Plan will seek to integrate environmental
concerns into the CFP and acknowledges that this is an

obligation under Article 6 of the Treaty. The CoR welcomes
environmental
integration into the CFP, provided that the
measures taken continue to be without prejudice to the
economic and social objectives of the CFP.

1.15.
eco-labelling and certification of certain fisheries activities.

The CoR has in the past called for the introduction of

1.16.
The Action Plan specifically states that Member States
and the European Commission will consider the potential
for eco-labels to stimulate environmentally sound fishing
practices. It should be noted that the processing industry
should also have a responsibility for ensuring high environ-
mental standards and should be represented in subsequent
debates on eco-labelling, notably in connection with the
planned Commission communication.

There is no reference to certification of responsible
1.17.
fishery activities either in the ‘roadmap’ or the Action Plan to
integrate environmental protection. However,
it is possible
that this will be incorporated in the Code of Conduct for
responsible fisheries in Europe, due to be published by the end
of 2002.

1.18.
The Committee also believes that introducing eco-
labelling schemes to the fisheries sector is likely to boost public
acceptance of fishing. Eco-labelling could also help foster
ecological and quality awareness on the part of fishermen.

1.19.
Certification of responsible fisheries activities is there-
fore one of the most promising fisheries management instru-
ments, and should be looked at urgently. The CoR urges the
Commission to set up a public certification body, supervised
by the Community institutions.

1.20.
The CoR has in the past highlighted the need to
ensure that fish and fish products meet requirements to avoid
contaminants, but that such rules would also need to apply to
imports of non-EU produce. There is no specific provision for
this in either
the ‘roadmap’ or in the Action Plan for
environmental integration, and this omission should be made
good.

2. Repercussion of the conservation policy on the

fishing fleet

Limiting fishing effort is perceived as an essential part
2.1.
of
the MAMPs and will become the prime management
instrument for mixed fisheries. Reductions in fishing effort of
up to 60 % may be necessary in several fisheries areas. These
reductions can be achieved either by reducing the numbers of
days at sea or by reducing the size of fleets. The ‘roadmap’
proposes that the responsibility for the reduction of fishing
effort should lie with the Member States.

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2.2.
In terms of ensuring a profitable and sustainable fishing
industry, it is clear that this is more likely to be achieved
through reductions in fishing effort by means of management
instruments better suited to each fleet segment, so that as far
as possible such reductions are voluntary and reflect the
specific parameters of each fisheries enterprise. The sector
should be involved in such decision-making.

2.3.
The CoR has in the past, and continues to support a
more effective fleet policy, provided this is based on need and
supported by robust scientific assessments. A blanket policy
opposing grant aid could have serious economic consequences
on certain regions and market segments.

Grant aid for new build or fleet renewal

2.4.
The European Commission proposes that no grant aid
should be made available for new vessels or to make existing
vessels more efficient other than regards safety, more selective
fishing techniques or in terms of production quality. The CoR
urges the Commission to allow the continuation of aid only to
safeguard on-board safety and accommodation conditions —
for small-scale fleets and on condition that the fleet capacity
does not increase.

Vessels that are required through MAMPs to reduce
2.5.
effort by more than 25 % will be given increased compensation
and the amount of
funds available under FIFG is being
increased in the period to 2003-2006 to cover this. The
Committee of the Regions notes that the conditions laid down
by the European Commission for eligibility for the scheme
may make it difficult for many fishermen to take advantage of
it. By laying down such conditions, the Commission is itself
creating a major obstacle to achieving the fishing capacity
reduction it considers desirable.

The CoR believes that aid should only be provided in
2.6.
certain sectors of the small-scale fleet, on condition that this is
for on-board safety and accommodation conditions as well as
for promoting ecologically-friendly fishing and provided it
does not lead to any increase in fishing effort.

vessels required to reduce effort by more than 25 % under
MAMPs will be eligible for an increase of 20 % in the level of
scrapping premiums under FIFG, provided that the Member
State concerned has already fully complied with the provisions
of MAGP IV.

2.8.
The CoR welcomes this particular concession and that
FIFG funds will be increased in 2003 to accommodate this.
However, whilst it agrees that the scheme should continue at
least until 2006, it questions the reprogramming of existing
Structural Funds to provide for the additional cost in 2004-
2006 consequent upon the mid-term review.

The CoR calls on the European Commission to investi-
2.9.
gate whether additional funds, beyond those currently budget-
ed, could be made available from 2004-2006, without detri-
ment to the existing approved Structural Funds.

3. Access to waters and resources

3.1.
The principle of equal access to Community waters is
well established within the CFP, and is confirmed in Article 17
of the proposed Council Regulation on the conservation and
sustainable exploitation of fisheries resources under the CFP.
This is subject to certain temporary exceptions, set out in
Articles 18-20, which are considered below.

3.2.
The first exception relates to the ability of Member
States to restrict fishing within 12 miles of their shoreline to
those vessels that traditionally fish in those waters from ports
on the adjacent coast and to those from other Member States
that hold historical rights. Annex 1 to the proposed Council
Regulation sets out the details of the latter. This accords with
the CoR’s previously held views and should be seen as an
exception in the absence of specific management instruments
for small-scale fleets, enabling them to engage in sustainable
fishing which can compete with industrial fisheries production
on the Community fish market.

3.3.
The ‘roadmap’ refers to general access limitations that
apply in such areas as the Shetland Box. It proposed that
derogations to the principle of free access to Community
waters such as the Shetland Box would have to be reviewed to
ensure that only those justified by conservation purposes were
maintained.

Decommissioning Schemes

2.7.
The European Commission recognises that there is a
need to provide additional incentives to the owners of fishing
vessels to decommission vessels where there is over capacity
in the fleet and so recognised in MAMPs. In these circumstances

3.4.
This wording suggests that exceptions to the principle
of equal access are continuing. The CoR welcomes the principle
of review as set out in Article 19, accepting all management
measures where there is justification in terms of conservation
and sustainable exploitation objectives, which do not run
counter to the basic principles of the Treaties.

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3.5.
The CoR is totally opposed to any measures that will
bring about an increase in fishing effort in any scientifically
sensitive areas recognised by the EU, such as the North Sea,
Shetland and Irish Box. The CoR asks for the respect of the
principles of equal and equitable access,
in line with the
conservation requirements of these areas.

3.6.
The final exception relates to the principle of relative
stability, under which national quotas are laid down on the
basis of historic catches at a given point in time. The CoR has
previously indicated that, in all probability, the principle of
relative stability would need to be retained but that
the
European Commission should reconsider whether there were
any genuine alternatives.

3.7.
The European Commission confirms that the principle
of relative stability will be retained in the short-term, but the
method of allocation is to be determined by the Council of
Ministers. It would then be for Member States to allocate
quotas and fishing effort between vessels under its control.

4. Control and enforcement

The ‘roadmap’ sets out proposals for a new regulatory
4.1.
framework for control and enforcement. An Action Plan
setting out the details will be published during the course of
the second half of 2002 and also a communication on a Joint
Inspection Structure. Whilst detailed comment should be
reserved until these draft documents are published, it is clear
that the proposal is for a stronger and more effective system
for control and enforcement.

4.2.
The CoR supports the harmonisation of sanctions and
an independent European fisheries inspectorate. If fishing is to
become a truly sustainable industry, it is inevitable that there
has to be some control and enforcement and sanctions
imposed which are not just commensurate with the offence
but also act as a deterrent to others. The CoR would, in any
case, point out to the Commission that no sustainable control
system can be based exclusively on sanctions. Fishermen must
be brought in and given responsibility for monitoring fishing,
through association-oriented and economic incentives. The
solution recommended by fisheries science consists in giving
responsibility for fishing rights to fishermen.

5.2.
The CoR welcomes any measures to make illegal,
unreported and unregulated fishing activity harder to under-
take.

5.3.
Furthermore, the CoR has previously expressed its
concern that some drift nets, such as those used in tuna fishing
harm the eco-system and has therefore proposed their total
abolition. Although the phased elimination has already begun,
the problem of dolphin by-catches in other important fisheries
still has to be resolved and the European Commission needs
to address this issue.

5.4.
The CoR firmly supports the Council Declaration of
October 1997 in which ‘The Council, recognizing their socio-
economic benefit to the Community, in particular in relation
to the objective of ensuring employment
in the regions
dependent on fisheries, reaffirms its commitment to fisheries
agreements which are and will continue to be an essential and
integral component of the common fisheries policy.’

5.5.
Fisheries agreements with third countries should meet
developing states’ requirements and aspirations to develop
their own fisheries. In addition, they should be financed by
Community fishermen and not by the EU budget. Only fishing
related activities should be funded.

5.6.
The CoR calls for joint enterprises to be recognised
and promoted as instruments of the CFP. Such instruments
have helped develop the fisheries sector in several
third
countries characterised by their sustainable development of
fisheries resources. They also help create wealth and employ-
ment in both the EU and third countries, provide a guarantee
of supply for the Community market, and are the ideal
instrument for undertaking development cooperation projects
in the fisheries sector of third countries.

5.7.
The CoR encourages the Commission to become a
world leader in developing and expanding Regional Fisheries
Organisations (RFOs), as they are an ideal
instrument for
managing international fisheries. The CoR urges the Com-
mission to reinforce Community representation on RFOs, by
assigning more human resources to this task and taking the
necessary measures to ensure Community officials are given
appropriate scientific advice.

6. Aquaculture

5.

International Fisheries

5.1.
The European Commission wishes to see international
cooperation achieved in order to ensure the same respect
for sustainable and responsible fisheries outside Community
waters as within them and is a signatory to an international
plan of action to prevent, deter and eliminate illegal, unreport-
ed and unregulated (IUU) fishing.

The ‘roadmap’ emphasises the importance of an
6.1.
environmentally sound aquaculture industry, that the products
should be healthy and the industry sustainable. A strategy for
the development of European aquaculture is due to be
published in the second half of 2002. The CoR feels that the
European Commission should clearly take account of the
following preconditions when formulating a strategy for the
aquaculture sector:

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1)

2)

3)

4)

5)

point of departure for the policy should be a cautious
approach to the ecosystem when using its many natural
resources and when assessing the market possibilities for
the various parts of the aquaculture sector;

greater financial support for innovations, in particular for
(starting up) firms and for research centres, should be a
priority;

special emphasis should be given to implementing a more
integral and area-based approach to the worlds that, up
to now, have operated separately in the sector as a whole;

special attention should be paid to creating greater food
safety and animal welfare and to limiting the use of
medical products as much as possible, trying to prevent
negative environmental effects and to the way in which
greater social support can be obtained for everything.

special attention should be paid to the imbalanced
development of aquaculture in the European regions for
reasons which are not the fault of fishing enterprises, and
priority should be given to projects in regions where this
sector is relatively under-developed.

6.2.
The CoR urges the Commission to ensure that this
strategy draws a clear distinction between proposals aimed at
intensive aquaculture and those aimed at extensive aquaculture,
such as shell fishing, as extensive aquaculture does not have
the potential negative impact of intensive aquaculture on the
environment.

6.3. When establishing development aid for aquaculture,
the Commission must take account of the important difference
between extensive and intensive aquaculture, and of different
subsidy needs according to the type of intensive or extensive
rearing, and rearing the species concerned. Priority must
therefore be given to researching, breeding and rearing new
species, as opposed to traditional species and in particular
those species that have reached a certain level of market supply
or saturation.

6.4.
The CoR calls on the Commission to respond to
demands by the Community’s aquaculture industry to set up
an Advisory Committee on Aquaculture that is separate from
the current Advisory Committee of Fisheries and Aquaculture.

7. The social dimension of the CFP

7.1.
This is one of the most important facets of the CFP and
an Action Plan to counter the social, economic and regional
consequences of restructuring of the fishing industry is due to
be published in the second half of 2002. Although any detailed
its publication, the ‘roadmap’
consideration should await
provides a reasonable amount of detail which enables some
preliminary comments to be given.

7.2.
The CoR wishes to re-emphasise the importance
attached to the provision of sufficient financial aid to enable
individual fishermen, businesses and fish-processing industries
dependent on fishing and those whose communities are fishery
dependent to adjust to the changes brought about by further
reductions in quotas and fleet capacity.

However,

it questions the reprogramming of

7.3.
the
Structural Funds to deal with this issue. The proposals for the
reform of the CFP will bring about increased hardship to
fishing communities in the short- to medium-term. The CoR
is hesitant to suggest reprogramming of Structural Funds from
those areas where there has been justified cause for assistance
(the Objective 1 and 2 areas) to support the newly identified
social and economic problems associated with the fishing
industry.

7.4.
The CoR welcomes the statement in the ‘roadmap’ that
the
appropriate account will be taken of
outermost regions, but will wish to see tangible evidence in
the forthcoming Action Plan that this has been recognised.

the needs of

8. Economic management

8.1.
In principle, the European Commission wishes to see
the fishing industry open to competition much like any other
industrial sector. It recognises, however, that this is a long-
term objective.

8.2.
The European Commission believes that, in the longer
term, an alternative system of tradable fishing rights, whether
individual or collective, or an access levy, should be introduced
as part of progress towards normal economic conditions. This
will be the subject of a workshop later this year with
representatives of the fishing industry.

8.3.
Consideration of alternative systems is consistent with
the previous views of the CoR. The CoR is positive to
introducing market forces into the Common Fisheries Policy.
It points out however that some safeguard measures need to
be taken in order to avoid concentration of operations on
large-scale fishing enterprises to the detriment of small- and
medium-sized fisheries operations.

8.4.
The outcome of the workshop will be incorporated in
a report on the economic management of fisheries in the EU
during the course of 2003. It is possible that this will result in
the preparation of formal proposals or recommendations.

The CoR will wish to scrutinise and comment on the
8.5.
report once published and on any proposals or recommen-
dations that may be forthcoming as a result.

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9. Effective and participatory decision-making

Delegation of powers and simplification of rules

9.1.
The CoR welcomes the European Commission’s desire
to improve the governance of the CFP, to make it more
transparent and open and to promote greater responsibility
and accountability. However the CoR feels that the proposals
fall short of the more active
contained in the ‘roadmap’
participation of fisheries organisations that was proposed in
the Green Paper. It hopes that this will be addressed in future
documents promised by the European Commission on this
subject.

Regional Advisory Councils

9.6.
The CoR believes that the European Commission
proposal to extend the scope for legislation by regulation
would set a dangerous precedent. Under such a regime, whilst
there would be a broad set of objectives, principles and rules
of a given aspect of the CFP (such as conservation, management
and control), more detailed technical and procedural rules
would be laid down by the European Commission. Although
the Commission would be assisted by a committee comprised
of representatives of Member States, there is no indication as
to whether this would include all stakeholders.

9.2.
The CoR was particularly keen for regions to partici-
pate in decision-making and thereby secure their cooperation
and promote a greater sense of policy ownership. This concept
of stakeholder involvement is extremely important and would
help to ensure that there is a greater degree of cooperation and
consensus in the fishing industry.

9.7.
The CoR welcomes the statement in the ‘roadmap’ that
the national co-financing of projects financed under FIFG will
no longer be subject to control under state aid rules and the
possible easing of advance notification of state aid for certain
categories of assistance, as this should enable funds to be
distributed more quickly and efficiently.

in which the European fisheries authorities,

The CoR calls for the introduction of a co-management
9.3.
system,
the
fishermen themselves and fisheries experts cooperate in a
constructive way. The CoR strongly supports the bottom-up
approach that includes the fishermen at all stages and levels in
the decision-making process. Furthermore, the CoR is in favour
of continuing the regional workshops organised on a regular
basis by the Commission. However,
is
necessary to defend the option of including fishing representa-
tives in the Community decision-making process through
which a consensus is reached among the majority of EU
fishermen.
In other words, a system of Community co-
management that brings together Community fisheries auth-
orities, professionals and scientists. The first step towards such
a system could be to re-structure the current Advisory
Committee on Fisheries and Aquaculture as a framework for
Community co-management.

it also believes it

issues relevant

9.4.
The CoR proposes that any agreed system of co-
management includes consultation on conservation and man-
to the regions concerned. Their
agement
recommendations,
and opinions will provide
important input for the fisheries policies of the Member States
concerned as well as the European Commission. In any case
the European Commission will report regularly on how it has
taken the recommendations and opinions into account.

reports

10. Summary of Recommendations

The Committee of the Regions remains concerned about the
proposals to reform the CFP as set out in the ‘roadmap’ and
associated documents, but believes they are an attempt to
address the needs of a sustainable EU fisheries industry.
The CoR concurs with the European Commission that the
challenges faced by the CFP are urgent and serious. Sustaina-
bility is key to the future of the fishing industry. If more fish
are caught than are replaced by natural means, the industry
will continue to decline. However, if irreversible scrapping
measures alone are used, there is a risk that fishermen will
disappear too;
it is therefore important to find a balance
between biological and socio-economic factors. The measures
proposed in the CFP provide a mechanism which will manage
the adjustment to change, but the CoR wonders whether they
are sufficient to meet the challenge facing the CFP. Clearly,
however, this adjustment needs to take place over a period of
time.

The CoR welcomes the proposal

9.5.
to improve the
commitment of fishermen to responsible fishing, beyond
that contained in the regulatory framework, by inviting
stakeholders — under the aegis of the Advisory Committee of
Fisheries and Aquaculture — to contribute to the preparation
of such a Code, due to be published by the end of this year,
and by organising regional workshops that contribute ideas to
complete this Code by developing a set of best regional
practices.

However the CoR calls for the following amendments:

a)

Recognising the importance of robust scientific advice in
determining the measures within the CFP, it is essential
that sufficient funding is made available for scientific
research on the level of fish stocks and other factors
having a bearing on fish stocks.

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That the processing industry is included in any future
debate on eco-labelling.

j)

b)

c)

d)

There is a need to include specific rules to ensure that fish
and fish products meet requirements to avoid contami-
nants and this should apply equally to imports of non-
EU produce.

Provision for grant aid should only be made for safety
and for the improvement of working conditions on
vessels in small-scale fleets and only on condition that
the capacity of the fleet does not increase.

e) Whilst the introduction of greater incentives to decom-
mission is welcomed, the provision to reprogramme
existing Structural Funds, consequent to the mid-term
review, in order to meet these costs, is questioned.

f)

g)

h)

i)

The existing derogations limiting access to areas such as
the Shetland Box should be retained, pending review as
provided in Article 19 of the proposed Council Regu-
lation on the conservation and sustainable exploitation
of fisheries resources under the CFP, and Article 18 of the
same be amended accordingly.

Provision for the updating and subsequent regular review
of the allocation keys (reference points), to reflect changes
in fishing activity over time, be included in Article 20 of
the proposed Council Regulation on the conservation
and sustainable exploitation of fisheries resources under
the CFP.

Recognising that international action has been taken to
phase out the use of drift nets, the European Commission
should take appropriate action to overcome the problem
of dolphin by-catches.

In terms of assistance to provide economic and social
measures for fishery dependent areas, the CoR questions
the proposals to require Member States to reprogramme
Structural Funds (with the exception in part of FIFG) to
meet the financial needs of these areas; Member States
should recognise the increasing needs for assistance to
fisheries dependent areas and budget for them accord-
ingly.

Brussels, 12 February 2003.

In order to counter the social, economic and regional
consequences of restructuring of the fishing industry, the
forthcoming Action Plan should include specific measures
to solve the needs of the outermost regions in accordance
with Article 299 of the Treaty.

k) Whilst future consideration of alternative systems to the
principle of relative stability is welcomed in principle, the
CoR notes that there are risks attached to market-based
systems for quota allocation and this could have an
adverse effect on some coastal regions if no safeguards
are put in place; any alternative proposals would need to
be scrutinised very carefully.

l) Whilst the proposed establishment of Regional Advisory
Councils is welcomed in principle, powers should be
extended to permit them to prepare and submit fisheries
management plans.

m) The provision giving Member States or the European
Commission discretion as to whether or not they explain
the extent to which they have recognised and dealt with
any recommendations or report from Regional Advisory
Councils be replaced with a mandatory requirement.

n)

o)

Fisheries agreements with third countries should meet
developing states’
to
develop their own fisheries. In addition, they should be
financed by Community fishermen and not by the EU
budget.

requirements and aspirations

In view of the fact that controls are a key instrument for
achieving the objectives of the CFP, the achievement of
sustainable fishing activities based on the conservation
and careful use of fishing resources depends on the
adoption of Community control measures for the fishing
sector.

p) A European Community network for fishing controls
should be created with the aim of coordinating the work
of the different bodies which are responsible for the
management and control of the fishing sector.

q) Measures should be adopted within the framework of the
CFP which seek to pass on information on different
control procedures to the relevant bodies involved in the
surveillance programmes, as well as measures ensuring
that suitable instruments exist for monitoring and control
during the different stages of fishing activity, from the
catching stage to the marketing stage.

The President

of the Committee of the Regions

Albert BORE