Opinion of the European Economic and Social Committee on the  Proposal for a Council Regulation establishing Community financial measures for the implementation of the Common Fisheries Policy and in the area of the Law of the Sea (COM(2005) 117 final — 2005/0045 (CNS))
Date: 2005-12-14
Institutions: European Economic and Social Committee
Subjects: ESC opinion, application of EU law, common fisheries policy, fishery management, fishing controls, governance, law of the sea

C 65/38

EN

Official Journal of the European Union

17.3.2006

Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Regu-
lation establishing Community financial measures for the implementation of the Common Fish-
eries Policy and in the area of the Law of the Sea’

(COM(2005) 117 final — 2005/0045 (CNS))

(2006/C 65/07)

On 19 May 2005, the Council decided to consult the European Economic and Social Committee, under
Article 37 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on the subject, adopted its opinion on 9 November 2005. The rapporteur was
Mr Sarró Iparraguirre.

At its 422nd plenary session, held on 14 and 15 December 2005 (meeting of 14 December 2005), the
European Economic and Social Committee adopted the following opinion nem. con. with 122 votes in
favour and four abstentions.

1. Introduction

1.1
The European Commission has called on the EESC to
issue an opinion on the proposed Council Regulation estab-
lishing the framework for financial measures necessary for the
implementation of the Common Fisheries Policy (CFP) with
funding of EUR 2,583 million, which comes in addition to the
proposal for a Council Regulation on the European Fisheries
Fund (1) (EFF), with a budget of EUR 4,963 million.

One of the aims of the CFP is to make financial inter-
1.2
vention more effective. The proposal for a Regulation aims to
help improve the conditions for implementing financial inter-
ventions in particular areas by setting specific objectives for
each of them.

1.3
The Committee wishes to express its deep concern over
the lack of any decision regarding the approval of the budget
for 2007-2013. It believes that the European Union is facing a
very serious situation, which will require great political effort if
it is to be resolved. The financing of the CFP cannot be under-
taken if the budgets for this Regulation and the EFF Regulation
are not maintained. The Committee urges the Council to adopt
political decisions that do not affect CFP financing, but that
ensure sustainable exploitation of living aquatic resources in a
manner that provides sustainable economic, environmental and
social conditions. The EESC also regrets that,
the
Council has not adopted any decision regarding the proposal
for a Regulation on the European Fisheries Fund.

to date,

The proposed Regulation sets out four areas of action in

1.4
which Community financial measures will be applied:

— control and enforcement of the CFP rules;

— conservation measures, data collection and improvement of
scientific advice concerning the sustainable management of
fisheries resources within the scope of the CFP;

— governance of the CFP;

— international relations in the area of the CFP and the Law of

the Sea.

(1) OJ C 267 of 27.10.2005.

1.5
The Committee considers that this proposal for a Regu-
lation is necessary and approves of the areas of application that
it covers.

2. Community financial measures in each of the four areas

of application

2.1 Control and enforcement of the CFP rules

2.1.1
The financial measures that will be applied to control
and enforcement of the CFP will serve to improve the control
of fishing activities undertaken by Member States, and evalua-
tion and control activities carried out by the Commission
services. The following expenditure by Member States shall be
eligible for financing measures: spending on new control tech-
nologies, training programmes, pilot inspection and observer
schemes, audits and information seminars.

2.1.2
Financing will be provided for Commission expendi-
ture relating to administrative arrangements with the Joint
Research Centre, spending on inspections by the Commission,
and expenditure generated by the Community Fisheries Control
Agency.

2.1.3
enforcement measures.

The Committee agrees with the proposed control and

2.2 Conservation measures, data collection and improvement of scien-
tific advice concerning the sustainable management of fisheries
resources within the scope of the CFP

2.2.1
The proposal for a Regulation's second area of applica-
tion covers financial aid to Member States with a view to
drawing up multi-annual aggregated and science based datasets
incorporating
and
economic information, with the objective of assessing the state
of the resources, the level of fishing, the impact fisheries have
on resources and the marine eco-system, and the performance
of the fishing industry, within and outside Community waters.

environmental

biological,

technical,

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2.2.2
To obtain this information, Member States will collect
basic data, while additional data will be gathered by the
Commission.

fishing fleet activity,

2.2.3
Bearing in mind that fisheries management depends
on the availability of data concerning the biological state of fish
the EESC
stocks and the impact of
approves the proposed financial measures in the areas of basic
data collection by Member States. It also supports the financing
of additional data collection, by the Commission, as such data
make it possible to optimise and standardise the collection of
basic data from Member States. Nonetheless, the Committee
believes that, in order to improve fisheries management, finan-
cing should also be provided, via the Member States, for expen-
diture incurred by the EU fishing sector in order to conduct the
required studies to assess the environmental effects of fishing
activities and the socio-economic situation in the sector.

2.2.4
The reform of the CFP has resulted in new demands
for scientific advice, in particular concerning the adoption of
an ecosystem approach and the management of mixed fisheries.
The Committee therefore believes that the expenses eligible for
Community financial measures in the field of scientific advice
are appropriate.

However,

2.2.5
in line with its opinion on the European
Fisheries Fund (2), the Committee reiterates that financial aid
should also cover
scientific advice to the fishing sector.
Economic effort in this field is essential if the CFP rules are to
be complied with properly.

2.3 Governance of the CFP

In this third area of application, the financial measures
2.3.1
are geared towards involving stakeholders in all the phases of
the CFP, and keeping them informed of the objectives of the
CFP and related measures. This financial aid will be channelled
via the EU Advisory Committee on Fisheries and Aquaculture
and the Regional Advisory Councils, and through information
and training seminars organised by the European Commission.

2.3.2
The Committee supports these measures and believes
that, with regard to the Regional Advisory Councils, as
suggested in point 5.3 of the Legislative Financial Statement
appended to the proposal for a Resolution, the Commission
should consider the possibility of extending the financing
period for the operating costs of
these Regional Advisory
Councils.

2.4 International relations in the area of the CFP and the Law of the

Sea

the financial
2.4.1
measures will cover expenditure arising from the fisheries

international relations,

In the area of

(2) Idem 1, point 3.5.3.6.

agreements (including fisheries partnership agreements), and
from the European Community's involvement in international
organisations. The EESC believes that, within the specific objec-
to
tives pertaining to international relations,
contribute to the conservation and sustainable use of fisheries
resources in third-country and international waters, and to
maintain employment in fishing-dependent regions.

is essential

it

2.4.2
The Committee deems it essential for all Community
policies that the European Union participate in all international
organisations relating to fisheries or the law of the sea, given
that the future of international fisheries resources depends on
the responsible management of international organisations. It
therefore approves the Community financial measures
set
down in the area of international relations.

2.4.3
The EESC believes that the financial measures in this
area should also cover the attendance of fisheries sector repre-
international organisations, at the
sentatives at meetings of
request of the Member States or the Commission.

2.5 Technical assistance

2.5.1
The Committee supports the Community financial
measures for expenditure arising from the preparation, follow-
up, monitoring, audit and evaluation required in order to meet
the objectives of this Regulation.

3. Rates of co-financing, financing procedures, allocation

of funds and assessment and control

3.1
The Regulation establishes the rates of co-financing with
Member States for the financial measures applicable to expendi-
ture in each of the areas of application. The EESC has no objec-
tion to the proposed rates.

3.2
The Regulation prohibits the accumulation of Com-
munity support, stipulating that actions financed under this
Regulation shall not receive assistance from other Community
financial instruments. The Committee believes that the financial
instruments for other Community policies, such as develop-
ment, research, external trade and the environment, should also
contribute to the actions in the field of international relations
set out in this Regulation. In the Communication from the
Commission on an Integrated framework for fisheries partner-
ship agreements with third countries, the European Commis-
sion clearly indicates that the objective of the European Union
is to contribute to sustainable fisheries via the CFP and the
objectives of other European policies such as development,
research, trade and the environment.

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3.3
Lastly, the Regulation sets out the financing procedures
in each area of application. It describes how and when Member
States should apply to the Commission for Community finan-
cial measures, and details the Commission's decision on these
applications, setting the total amount, the rate of the financial
contribution to the Member state, and any conditions applic-
able to this contribution. The Regulation also provides for the
protection of Community financial
interests by means of
preventive measures against fraud, corruption and other illegal
activities, along with inspections, controls and audits on the
financial aid granted; the Committee therefore considers that
the financing and control system set down in the Regulation is
adequate.

4. Conclusions

The EESC approves the proposal for a Council Regu-
4.1
the
lation establishing Community financial measures
implementation of the Common Fisheries Policy and in the
area of the Law of the Sea, and calls on the Commission to
take the following observations into account:

for

The Committee believes that there is a need for the
4.2
present proposal for a Regulation establishing the framework
for financial interventions for the implementation of the CFP
and the Law of the Sea,
in addition to the proposal for a
Council Regulation on the European Fisheries Fund.

The Committee deeply regrets that, at

4.3
the time of
writing, no decision has been taken to adopt the budgets for
2007-2013, which is the period of application for the financial
measures covered in this opinion, and that the Council has not
adopted a decision on the proposal for a Regulation on the
European Fisheries Fund.

4.4
The EESC calls on the Commission to ensure that any
variation in the budget, in the context of the financial perspec-
tives, does not have a proportional effect on the CFP budget, as
it would otherwise be impossible to achieve the objectives
defined for the reform of the CFP.

4.5
The proposed areas of application are a necessity and
are sufficient, since the Regulation provides Member States and
the Commission with the means for more efficient financial
implementation of the CFP.

4.6
Of the areas of application specified by the Regulation,
the EESC would like to draw the Commission's attention to the

Brussels, 14 December 2005.

importance of

improving scientific advice. The
particular
sustainable development of
fisheries resources and, conse-
quently, the success of the CFP depends on detailed, truthful,
current scientific knowledge about the status of different fish
species. An immense effort is being made by EU, Member
States' and fishing authorities, along with the fisheries sector,
making it essential for the European Union to have the best
scientific advice on its own resources and those of international
waters.

4.7
To this end, in order to improve scientific advice, the
Committee believes that financing should also be provided, via
the Member States, for expenditure incurred by the EU fishing
sector in order to conduct studies to assess the environmental
effects of fishing activities and the socio-economic situation in
the sector.. It therefore believes that the financial aid should
also cover scientific advice to the fisheries sector.

The Committee agrees with the proposed financial
4.8
measures in the area of CFP governance, which will help to
involve stakeholders in all the phases of the CFP and to keep
them informed of the progress made towards its objectives.

The EESC believes that the financing period for the
the Regional Advisory Councils (RACs)

4.9
operating costs of
should be extended.

4.10
The Committee considers that it is particularly impor-
tant for the European Union to participate in the international
organisations relating to fisheries or the law of the sea, and
therefore approves the financial assistance proposed for these
areas and for fisheries agreements, including fisheries coopera-
tion agreements with third countries, as these are essential in
fisheries
order
resources in third-country and international waters, and to
maintain employment in fishing-dependent regions.

to help conserve and sustainably exploit

4.11
The EESC believes that the financial measures in the
area of international relations should also cover the attendance
of fisheries sector representatives at meetings of international
organisations, at
the Member States or the
Commission.

the request of

Lastly,

the financial
the Committee considers that
4.12
instruments for other Community policies, such as develop-
ment, research, external trade and the environment, should also
contribute to the initiatives in the field of international relations
for the CFP.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND