natgillin/translations-raw huggingface dataset:
Счита, че трябва да се намери разрешение на тези проблеми преди да се предприемат каквито и да е стъпки по посока на единна система, като такова може да предложи например демонстрираната от съществуващи прецеденти възможност за поставяне на ограничения пред натрупването на риболовни права;
Considers that these concerns must be addressed prior to any move toward a single system, for example, the possibility, as shown by existing precedents, of setting a limit on the accumulation of fishing rights;
Счита, че следва също така да се постави ударение върху положителните аспекти на управлението, основаващо се на правата в рибарството, по отношение на които съществува сравнително широк консенсус, включително на следното:
Considers that emphasis should also be placed on the positive aspects of rights based management in fisheries, on which there is fairly widespread agreement, including the following:
- наблюдава се по-голямо рационализиране на управлението, тъй като притежателите на права носят пряка отговорност за управлението и спазването на основните разпоредби, което по принцип води до повишаване на предприемаческия капацитет и намаляване на зависимостта от експертни консултации, посредничество и обществено финансиране в сектора,
- there is greater rationalisation of management, since right-holders are made directly responsible for management and compliance with the general rules, which generally produces a sector with greater entrepreneurial capacities that is less dependent on expert advice, brokering and public funding;
- контролът на флотилии, в които се прилага системата, се опростява, тъй като плавателните съдове с права са точно идентифицирани,
- monitoring is made simpler in fleets where the system is applied, since vessels with rights are accurately identified;
- изхвърлянето на малките риби обратно в морето се намалява, тъй като е възможно закупуване на риболовни права за видове, за които се предоставя силно ограничена квота,
- discards are reduced, since it is possible to purchase fishing rights for species for which only a scant quota is available;
- като цяло флотилиите изграждат печеливш бизнес, което обикновено води до намаляване на капацитета чрез елиминиране на най-старите и неефективни единици,
- fleets tend to make their businesses profitable, which generally leads to a reduction in capacity through the elimination of the oldest and least efficient units,
- най-простият начин за въвеждане на системата би бил чрез разпределяне на квоти в съответствие с относителната стабилност на всяка държава-членка, така че това положение също да не бъде засегнато;
- the simplest way of introducing the system would be by allocating quotas in line with the relative stability of each Member State, so that this condition would not be affected either;
Пита се дали единна система на УОП изобщо би била подходяща за различни видове рибарство;
Wonders also whether a single system of RBM would in any event be appropriate for different types of fishery;
В този контекст привлича вниманието на: различните изисквания на едновидовите и многовидовите рибни запаси; и особеното положение на малочислените флотилии, занимаващи се с традиционен риболов;
Draws attention in this context to: the different requirements of single species and multi-species fisheries; and to the special situation of artisanal fleets;
Счита, че във връзка с последните следва да бъдат въведени отделни разпоредби, чрез прилагане на критерии, свързани с географската отдалеченост от крайбрежието, или чрез отделяне на част от квотата за тях;
Considers, in relation to the latter, that separate provision should be made for them, either using criteria linked to geographical distance from the coast or by setting part of the quota aside for them;
Следователно приветства факта, че понастоящем Комисията не възнамерява да се намесва в съществуващите системи за управление;
Welcomes, therefore, the fact that the Commission has no present intention of intervening in current management systems;
Счита, обаче, че въпреки това предимствата и недостатъците на различните системи на УОП следва да бъдат обект на по-нататъшно разглеждане;
Considers, however, that further consideration should nonetheless be given to the advantages and disadvantages of different RBM systems;
Счита, че е необходимо да се предотвратят нарушения на икономическата среда в риболовната промишленост в ущърб на дребните собственици на плавателни съдове, особено на онези от тях, които се занимават с традиционен риболов;
Considers it necessary to prevent economic distortions in the fishing industry to the detriment of small shipowners, in particular those representing artisanal fishing;
Признава, че подобни системи биха могли да насърчат икономическата ефективност, при условие че са разработени по подходящ начин; посочва, че тази ефективност е цел на всяка икономическа политика и че е в интерес на ОПОР да гарантира установяването на печеливша риболовна промишленост, все по-малко зависима от обществени средства;
Acknowledges that such systems may promote economic efficiency, provided that they are properly devised; points out that this efficiency is an objective of any economic policy and it is in the CFP's interests to secure a profitable fishing industry that is less and less dependent on public funds;
Счита, че, като се има предвид общата политика в областта на рибарството, механизмите за управление на риболовните права следва да се приемат на равнище на Общността, което ще даде възможност за усъвършенстване на управлението на рибните ресурси;
Considers that, given that fisheries is a common policy, fishing right management mechanisms should be adopted at Community level that will make it possible to improve the management of fishery resources;
Счита, че икономическата ефективност има стойност, дотолкова доколкото подпомага целите на ОПОР;
Believes that economic efficiency is valuable insofar as it promotes the objectives of the CFP;
Призовава Комисията съответно да гарантира, че каквито и да е проучвания на УОП по нейна инициатива следва да се насочат към:
Calls on the Commission accordingly to ensure that any studies which it initiates on RBM should be directed at:
Разглеждане на основните договорености в рамките на УОП с оглед на:
Looking at the basic understandings involved in RBM in terms of:
a) лицата, на които могат да бъдат разпределяни правата, лицата, на които могат да бъдат прехвърляни и възможността да бъдат търгувани, заедно с каквито и да е ограничения в това отношение, и
a) to whom the rights may be allocated, to whom they may be transferred and whether they are tradable, together with any limitations in these respects, and
б) обхватът на правата, т.е. дали са определени с оглед на място, количество (продукция) или усилие (инвестиции) или комбинация от тях,
b) the extent of the rights, i.e. whether they are defined in terms of location, quantity (output) or effort (input) or a mixture of these,
Оценяване, при използване на доказателствения материал, получен от съществуващите системи за управление, на ефективността на всяка подобна договореност за постигане на целите на общата политика в областта на рибарството (ОПОР) с оглед на:
Assessing, using the evidence acquired from the existing systems of management, the effectiveness of each such understanding in achieving the objectives of the CFP in terms of:
a) подобряване на средствата за съществуване на заетите в риболовната промишленост,
a) improving the livelihood of those engaged in the fishing industry,
б) постигане на устойчива морска среда, която позволява запазване на рибните запаси и
b) having a sustainable marine ecology in which fish stocks are conserved, and
в) поддържане на съществуването на зависимите от рибарството общности,
c) maintaining the viability of fisheries-dependent communities
г) степента, в която системата, след своето създаване, води до концентрация на собственост върху риболовните права и до загуба на работни места,
d) the extent to which the system has, since its inception, concentrated ownership of the right to fish and led to loss of employment,
д) икономическата ефективност на риболовния сектор,
e) the economic efficiency of the fisheries sector,
Проучване на тези въпроси независимо от различните видове рибарство в и извън териториалните води на Общността;
Examining these issues separately for different types of fisheries both inside and outside Community waters;
Настоятелно призовава Комисията да предостави по-дълъг срок за провеждане на дебат по този въпрос;
Urges the Commission to allow a longer period for debate on this issue;
Възлага на своя председател да предаде настоящата резолюция на Съвета, на Комисията, на правителствата и парламентите на държавите-членки, на регионалните консултативни съвети и на Консултативния комитет по рибарството и аквакултурите.
Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Regional Advisory Councils and the Advisory Committee on Fisheries and Aquaculture.
The nature of the rights involved
The nature of the rights involved
The first issue to be addressed in relation to Rights Based Management (RBM) in fisheries concerns the type of rights under discussion.
The first issue to be addressed in relation to Rights Based Management (RBM) in fisheries concerns the type of rights under discussion.
Many, understandably, object to their being designated property rights, since this implies private ownership of a public resource.
Many, understandably, object to their being designated property rights, since this implies private ownership of a public resource.
At the same time, it is clear that such ownership is acquired in those fish that have been harvested.
At the same time, it is clear that such ownership is acquired in those fish that have been harvested.
The proper parallel, therefore, seems to be that of usufruct , a right to the fruits, which is a contractual right and governed, accordingly by the law of obligations and not by property law.
The proper parallel, therefore, seems to be that of usufruct , a right to the fruits, which is a contractual right and governed, accordingly by the law of obligations and not by property law.
This is significant in that usufruct involves an obligation not to damage the resource from which the fruits are taken.
This is significant in that usufruct involves an obligation not to damage the resource from which the fruits are taken.
Similarly it is a right that can be limited in time and/or subject to other types of conditionality.
Similarly it is a right that can be limited in time and/or subject to other types of conditionality.
For example, under Roman law, whilst the holder of a usufruct could hire out or sell enjoyment of it, he could not pass on the usufruct as such, remaining liable to the owner for any damage done by the hirer or buyer.
For example, under Roman law, whilst the holder of a usufruct could hire out or sell enjoyment of it, he could not pass on the usufruct as such, remaining liable to the owner for any damage done by the hirer or buyer.
It is important, therefore, to note that limits can be placed on the transferability of the right as well as on the conditions under which the right as such is held.
It is important, therefore, to note that limits can be placed on the transferability of the right as well as on the conditions under which the right as such is held.
Systems for allocating rights
Systems for allocating rights
Underlying the wide variety and apparent complexity of existing systems, are certain basic understandings.
Underlying the wide variety and apparent complexity of existing systems, are certain basic understandings.
First, there are those concerning the allocation and transferability of the right to fish.
First, there are those concerning the allocation and transferability of the right to fish.
· The right may be accorded both to communities and to individuals.
· The right may be accorded both to communities and to individuals.
· It has the potential to be transferred from communities to individuals (and from individuals back to communities), between communities and from one individual to another.
· It has the potential to be transferred from communities to individuals (and from individuals back to communities), between communities and from one individual to another.
· This transferability can, however, be limited in a number of ways.
· This transferability can, however, be limited in a number of ways.
For example, an individual may only be able to transfer the right back to the community or to another individual within the same community.
For example, an individual may only be able to transfer the right back to the community or to another individual within the same community.
· Transferability becomes tradability when the transfer is allowed for economic value
· Transferability becomes tradability when the transfer is allowed for economic value
· The conditions under which the right is tradable help to determine the extent of that economic value.
· The conditions under which the right is tradable help to determine the extent of that economic value.
Second, there are those concerning the extent of the right.
Second, there are those concerning the extent of the right.
· This is usually defined by
· This is usually defined by
- the location in which the right can be exercised,
- the location in which the right can be exercised,
- the quantity of fish that can be taken (the output from exercise of the right)
- the quantity of fish that can be taken (the output from exercise of the right)
- the effort permitted (the input allowed into the exercise of the right)
- the effort permitted (the input allowed into the exercise of the right)
- or by some mixture of these.
- or by some mixture of these.
· Its extent may be further refined by specific rules, such as those prohibiting discards or introducing closed areas.
· Its extent may be further refined by specific rules, such as those prohibiting discards or introducing closed areas.
· The extent of the right at any given time is another factor in determining its economic value.
· The extent of the right at any given time is another factor in determining its economic value.
Both types of understanding are in operation at the level of the EU.
Both types of understanding are in operation at the level of the EU.
First, as a community, it allocates the right to other communities, in the form of the member states.
First, as a community, it allocates the right to other communities, in the form of the member states.
It largely leaves further transfers to the member states, with these dividing the right between communities and/or individuals within them as they see fit.
It largely leaves further transfers to the member states, with these dividing the right between communities and/or individuals within them as they see fit.
It also permits exchanges between member states, although there is an increasing insistence on its own authority to reallocate fishing opportunities where these have been under-utilised.
It also permits exchanges between member states, although there is an increasing insistence on its own authority to reallocate fishing opportunities where these have been under-utilised.
In certain circumstances, at least, it regards the rights as tradable ones – for example, in negotiating quota exchanges and establishing fisheries partnership agreements with third countries.
In certain circumstances, at least, it regards the rights as tradable ones – for example, in negotiating quota exchanges and establishing fisheries partnership agreements with third countries.
Second, where the extent of the right is concerned, there is clearly a hybrid approach, with location being reflected in the principle of relative stability, quantity (output) being represented by TACs and quotas and effort (input) being delimited by rules concerning capacity, gear, days at sea and so on.
Second, where the extent of the right is concerned, there is clearly a hybrid approach, with location being reflected in the principle of relative stability, quantity (output) being represented by TACs and quotas and effort (input) being delimited by rules concerning capacity, gear, days at sea and so on.
Most, if not all, member states also seem to have hybrid systems in terms of allocation and transferability of the right or of its extent or of both of these.
Most, if not all, member states also seem to have hybrid systems in terms of allocation and transferability of the right or of its extent or of both of these.
The picture is, however, a very varied one.
The picture is, however, a very varied one.
This is particularly so in respect of the degree to which and the manner in which any transferability of the right to fish is legally recognised.
This is particularly so in respect of the degree to which and the manner in which any transferability of the right to fish is legally recognised.
Currently there is insufficient information on which to base an assessment of these and the Commission study is accordingly very welcome.
Currently there is insufficient information on which to base an assessment of these and the Commission study is accordingly very welcome.
How do the systems compare from the point of view of economic efficiency?
How do the systems compare from the point of view of economic efficiency?
An OECD study in 2006 looked at nine different RBM systems.
An OECD study in 2006 looked at nine different RBM systems.
It analysed each type with a view primarily to assessing its economic efficiency.
It analysed each type with a view primarily to assessing its economic efficiency.
This may be summarised as its capacity to prevent too many fishers chasing too few fish.
This may be summarised as its capacity to prevent too many fishers chasing too few fish.
The following features of the rights were assessed: exclusivity, duration, quality of title, transferability, divisibility and flexibility.
The following features of the rights were assessed: exclusivity, duration, quality of title, transferability, divisibility and flexibility.
(Each feature was given the same weight – an approach that may be open to question even where economic efficiency alone is under consideration)
(Each feature was given the same weight – an approach that may be open to question even where economic efficiency alone is under consideration)
The four systems that scored most highly were territorial use rights (TURFs), community based catch quotas (CQs), individual transferable quotas (ITQs) and individual transferable effort quotas (ITEs)
The four systems that scored most highly were territorial use rights (TURFs), community based catch quotas (CQs), individual transferable quotas (ITQs) and individual transferable effort quotas (ITEs)
Following from the points made in the previous section, ITQs and ITEs would be better named as tradable rather than transferable.
Following from the points made in the previous section, ITQs and ITEs would be better named as tradable rather than transferable.
How efficient is economic efficiency?
How efficient is economic efficiency?
At the macro level, economic efficiency is concerned with achieving a match between the numbers engaged in fishing and the availability of fish.
At the macro level, economic efficiency is concerned with achieving a match between the numbers engaged in fishing and the availability of fish.
Where the former exceeds the latter, transferability/tradability is seen as a mechanism for bringing about the appropriate reduction.
Where the former exceeds the latter, transferability/tradability is seen as a mechanism for bringing about the appropriate reduction.
Tradability, in particular, can serve as a means of providing a compensatory value when the right to fish changes hands and so assist exits from fishing activities
Tradability, in particular, can serve as a means of providing a compensatory value when the right to fish changes hands and so assist exits from fishing activities
Short-term transferability/tradability is clearly also an efficient means of addressing exceeded quotas and quota deficits.
Short-term transferability/tradability is clearly also an efficient means of addressing exceeded quotas and quota deficits.
Whilst transferability is necessary for entry to fishing activities, there are some concerns that tradability may provide a barrier to this.
Whilst transferability is necessary for entry to fishing activities, there are some concerns that tradability may provide a barrier to this.
There are also concerns that the costs of acquiring the right to fish may detract from fishers’ ability to invest in other aspects of their activities, such as improvements to their vessels and gear.
There are also concerns that the costs of acquiring the right to fish may detract from fishers’ ability to invest in other aspects of their activities, such as improvements to their vessels and gear.
Finally, unless properly controlled, tradability can lead to too great a concentration of the right to fish and also allow it to be held by individuals and organisations outwith the active fishing industry.
Finally, unless properly controlled, tradability can lead to too great a concentration of the right to fish and also allow it to be held by individuals and organisations outwith the active fishing industry.
There are also economic issues relating to the public domain, such as cost recovery, transfer taxes and so on, since these can have an effect on economic efficiency.
There are also economic issues relating to the public domain, such as cost recovery, transfer taxes and so on, since these can have an effect on economic efficiency.
How far does economic efficiency contribute to the goals of the CFP?
How far does economic efficiency contribute to the goals of the CFP?
Economic efficiency is of value not in itself but only insofar as it contributes to the goals of the CFP.
Economic efficiency is of value not in itself but only insofar as it contributes to the goals of the CFP.
These may be summarised as:
These may be summarised as:
· Improvements in the livelihood of those engaged in fishing activities
· Improvements in the livelihood of those engaged in fishing activities
· The conservation of fish stocks in the context of a sustainable marine ecology and, linked with these, the steady and continuing supply of quality fish to the markets
· The conservation of fish stocks in the context of a sustainable marine ecology and, linked with these, the steady and continuing supply of quality fish to the markets
· Maintaining the viability of fisheries dependent communities
· Maintaining the viability of fisheries dependent communities
The previous section has cast some doubt on the role of economic efficiency as a means of achieving the first of these objectives.
The previous section has cast some doubt on the role of economic efficiency as a means of achieving the first of these objectives.
In particular, the incurring of additional costs could have adverse effects for safety and working conditions.
In particular, the incurring of additional costs could have adverse effects for safety and working conditions.
Where the conservation of stocks is considered, it should be noted that there is no necessary connection between economic efficiency and an end to overfishing.
Where the conservation of stocks is considered, it should be noted that there is no necessary connection between economic efficiency and an end to overfishing.
There are some views that it leads fishers to act in their long term self interest in sustainability of stocks.
There are some views that it leads fishers to act in their long term self interest in sustainability of stocks.
But more evidence is needed in this regard.
But more evidence is needed in this regard.
It is arguable that it depends on limiting transferability to those actively engaged in fishing, on the grounds that financial institutions would simply invest elsewhere when stocks ran out.
It is arguable that it depends on limiting transferability to those actively engaged in fishing, on the grounds that financial institutions would simply invest elsewhere when stocks ran out.