Explanatory Memorandum to COM(2011)425 - Common Fisheries Policy - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2011)425 - Common Fisheries Policy. |
|---|---|
| source | COM(2011)425  |
| date | 13-07-2011 |
· General context
In 2009 the Commission analysed the functioning of the Common Fisheries Policy (CFP) based on the Green Paper on the Reform of the Common Fisheries Policy. The Commission concluded that despite progress since the 2002 reform, the objectives to achieve sustainable fisheries in all its dimensions (environmental, economic and social) have not been met and the Green Paper identified a series of structural shortcomings of the current CFP. The European Parliament and the Council of Ministers supported this conclusion.
Numerous contributions during the public debate between April 2009 and November 2010, as well as specific studies and evaluations, have also confirmed the overall assessment in the Green Paper and have helped to identify the weaknesses to be addressed through the reform.
· Grounds for and objectives of the proposal
The Common Fisheries Policy needs a fundamental reform by repealing the current Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy, and replacing it on 1 January 2013 by a new CFP adopted by the European Parliament and the Council on the basis of this proposal.
The main problems of the CFP are:
– Lack of focus in the objectives on environmental, economic and social sustainability.
– Unacceptably high levels of discards.
– Fleet overcapacity, overfishing, total allowable catches (TACs) that are set too high, and low compliance have resulted in a large majority of Union stocks being overexploited.
– Low profitability and low economic resilience for a significant number of fleets.
– Insufficient integration of environmental concerns into the policy.
– Lack of reliable data to assess all stocks and fleets.
– Substantial public financial support to fisheries that does not contribute to achieving the objectives of the CFP.
– Low attractiveness of the fishing activities and decline of some coastal communities dependent on fishing.
– Top-down micro-management at Union level, lacking flexibility and adaptation to local and regional conditions.
– Insufficient development of aquaculture in the Union.
– Legislation and management are costly and extremely complex, which fosters lack of compliance.
– Trade policy facing the challenge of globalisation and increased interdependence.
This proposal for a new basic regulation is justified because there is a need:
– to precise the objectives of the CFP.
– to enhance consistency between the policy initiatives covered by the CFP.
– to better preserve marine biological resources, in particular for multi-annual plans for fisheries management, and to end discards.
– to contribute to ecosystem and environmental policies under the CFP.
– to provide for regionalisation of measures on a sea-basin approach under the conservation pillar.
– to reinforce data collection and scientific advice for the knowledge base of the conservation policy.
– to fully integrate the external policy into the CFP.
– to promote the development of aquaculture.
– to reform the common market policy of the CFP.
– to provide a legal framework for a new financial instrument by 2014 supporting the objectives of the CFP and the EU 2020 Agenda.
– to further enhance and streamline stakeholders' involvement.
– to incorporate the recently adopted new control regime in the CFP.
The overall objective of the proposal is to ensure fishing and aquaculture activities that provide long-term sustainable environmental conditions and contribute to the availability of food supplies. The policy shall be aimed at exploitation of living marine biological resources that restores and maintains fish resources at levels which can produce the maximum sustainable yield, not later than 2015. The CFP shall implement the precautionary and eco-system approaches to fisheries management.
In conjunction with this proposal the Commission will adopt an overarching Communication on the future Common Fisheries Policy, a proposal for a Regulation on the common organisation of the markets in fisheries and aquaculture products, a Communication on the external dimension of the CFP, and a report on specific parts of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy.
· Existing provisions in the area of the proposal
Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy is the current general regulatory framework for the CFP. This proposal should replace that Regulation.
Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.
Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organization of the markets in fishery and aquaculture products.
Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98.
Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund.
Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94.
Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy[7].
Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999[8].
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006[9].
Council Decision (EC) No 2004/585 of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy[10].
· Consistency with the other policies and objectives of the Union
The proposal and its objectives are consistent with other Union policies, in particular environmental, social, regional, development, agriculture, market and trade, financial, research and innovation, health and consumer protection policies and their objectives.
Contents
- RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
- LEGAL ELEMENTS OF THE PROPOSAL
- Consultation methods, main sectors targeted and general profile of respondents
- Summary of responses and how they have been taken into account
- Legal basis
- Subsidiarity principle
- Proportionality principle
- 4. OPTIONAL ELEMENTS
- General Provisions
- Access to waters
- Conservation of marine biological resources
- Access to resources
- Management of fishing capacity
- Science base for fisheries management
- External policy
- Aquaculture
- Common Market Organization
- Control and Enforcement
- Financial Instruments
- Advisory Councils
- Final Provisions
· Consultation of interested parties
Throughout 2009 and 2010 consultation on the reform through internet contributions and numerous discussion meetings with stakeholders revealed generalized support for the reform. The European Parliament, the European Economic and Social Committee and the Committee of the Regions also submitted opinions on the Green Paper. The Council of Ministers discussed the reform several times. The public consultation was summarized in a Synthesis of the Consultation on the Reform of the Common Fisheries Policy[11].
Simplification, adaptation of decision making to the Lisbon Treaty, strengthening the long-term approach to conservation and resource management including tackling the discards problem, regionalization, further stakeholder involvement and more industry responsibility were at the centre of reactions. Relative stability is generally seen as a central pillar of the CFP, especially by Member States. Small-scale and coastal fisheries are considered important but limited support was shown for the idea of a differentiated regime beyond current legal provisions. More market-based approaches in fleet management and the market policy were seen by many as useful drivers for sustainability. On the external policy and international actions the need for full alignment with the principles and objectives of the CFP was recognized. Strong support was shown for stricter targeting of the public funding to the policy objectives. Aquaculture was considered important in many contributions.
The Commission, in developing its proposal, has taken due account of the contributions in the consultation, notably on creating the environmental conditions for sustainability and consolidation of the maximum sustainable yield objective, a strengthened long-term perspective, regionalization and further stakeholder involvement, and introduction of more market-based instruments while taking into consideration the specific characteristics of small-scale fleets. The importance of aquaculture is also reflected in the proposal.
· Collection and use of expertise
For the development of the proposals outside expertise as well as existing knowledge on the policy, among them (annual) advice by ICES and STECF was utilized in addition to a series of studies and research projects. Publicly available expert advice and studies are published on the DG MARE website.
· Impact assessment
For the Impact Assessment exercise different options for the CFP reform package were identified. All options include environmental sustainability as a precondition for overall sustainability. Methodologically the analysis of impacts was supported by performance indicators to measure the impacts of the options. The impacts of all options were analysed and compared to an analysis of the so-called status quo option. This allowed for identification of the two preferred options as indicated in the IA report. Both options are similar in focusing on the environmental sustainability while creating sufficient flexibility to give the fishing sector time to adapt to ambitious environmental objectives.
Article 43 of the Treaty on the Functioning of the European Union.
Provisions in the proposal relating to the conservation of marine biological resources fall under the exclusive competence of the Union, and the subsidiarity principle therefore does not apply for those provisions.
Provisions in the proposal relating to aquaculture and the need for the establishment of Union strategic guidelines on common priorities and targets for the development of aquaculture activities fall under shared competence between the Union and Member States. Non-binding Union strategic guidelines will form the basis for multiannual national strategic plans, taking into account that strategic choices made at national level can have a bearing on the development of aquaculture activities in neighbouring Member States. Provisions in the proposal relating to the Common Market Organization fall under the shared competence between the Union and the Member States. The objectives for the common market organization include increased competitiveness of the Union fishery and aquaculture industry, improvement of the transparency of the markets and the contribution to ensuring a level playing field for all products marketed in the Union. To achieve these objectives the measures, which comprise the organization of the industry including measures for stabilisation of the markets and marketing standards, and consumer information requirements, need to be consistent throughout the Union. The subsidiarity principle therefore is respected by the proposal.
The proposal complies with the principle of proportionality for the following reason:
The Common Fisheries Policy is a common policy and should therefore be implemented through a Regulation adopted by the European Parliament and the Council. It is necessary and appropriate for the achievement of the basic objective of ensuring fishing and aquaculture industries that provide long-term sustainable economic, environmental and social conditions and contribute to the availability of food supplies, to lay down rules on the conservation and exploitation of marine biological resources. This Regulation does not go beyond what is necessary to achieve that objective. Through the proposed regionalised approach Member States will be empowered to adopt the conservation and technical measures necessary to achieve the objectives and targets set out in Regulations adopted by the Union legislator, based on the available toolbox of measures under the conservation policy of the CFP. This will create regional flexibility in the application of Union legislation. Member States furthermore remain free to allocate fishing opportunities allocated by the Council among regions or operators as they see fit, so Member States have ample room for manoeuvre on decisions related to the social/economic model of their choice to exploit their allocated fishing opportunities.
· Detailed explanation of the proposal
The Commission introduces in the proposal significant changes to the CFP. In this section the proposal is explained in detail.
The overall objective of the CFP is to ensure that fishing and aquaculture activities provide long-term sustainable environmental conditions, which are a prerequisite to reach an economically and socially sustainable fishing industry that contributes to the availability of food. The impact assessment demonstrates that ambitious targets for the resources meeting the Union's international obligation of achieving maximum sustainable yield by 2015 can deliver important overall stock improvement leading to significant economic and social improvements. These positive outcomes from the impact assessment underline the premise of ecological sustainability as a requirement for long-term economic and social sustainability.
Decreasing unwanted catches, ending discarding and minimizing the negative impact on the marine eco-systems combined with the precautionary and eco-system approach will contribute to the good environmental status of the seas under the Marine Strategy Framework Directive.
The proposal confirms the principle of equal access to waters, while treating third-country vessels with access to Union waters equally.
The Commission proposes to extend the current restrictions on the right to fish within the 12-nautical miles until 2022. These restrictions have reduced fishing pressure in the most biologically sensitive areas and have contributed to economic stability for small-scale, coastal fishing activities.
The Commission proposes to introduce into this regulation the specific restrictions for the 100 nautical miles around the Azores, Madeira and the Canary Islands, which are currently laid down in Council Regulation (EC) No 1954/2003[12]. They are justified to protect the sensitive biological situation of the waters surrounding these islands and in light of article 349 of the Treaty, by taking account of the structural, social and economic situation and the need to preserve the local economy of these islands.
Conservation of marine biological resources is the fundamental pillar to achieve the objectives of the CFP.
Multi-annual management plans to manage resources at levels that are capable of producing maximum sustainable yield are key to conservation. They need to move where possible to fisheries-based plans – covering more stocks in fewer plans. Stocks not under plans are managed through fixing fishing opportunities by Council and other measures.
A second core element of the conservation proposal is ending the practice of discards and reducing unwanted catches. The proposal introduces the obligation to land all catches of specified stocks, with a precise timeline for implementation and in combination with some flanking measures.
The proposal also covers the main principles for technical conservation measures applicable to fisheries.
For the multi-annual plans and the technical conservation measures the Commission envisages a move away from micro-management by the co-legislators. The Union legislation on these plans and measures needs to define the essentials, such as the scope, targets, evaluation indicators and time frames. The Commission proposes decentralization that may authorize Member States to adopt the conservation and technical measures necessary to achieve the objectives and targets using a toolbox of measures under the conservation policy. This will create regional flexibility and simplification of the policy. The proposal includes provisions to ensure that the Member States concerned adopt measures are compatible and effective. A fall-back mechanism is established for Commission action in cases where Member States cannot agree, or where the targets are not being reached.
The provisions for emergency measures when conservation of the marine biological resources is threatened, either at the request of a Member State or at the initiative of the Commission, are maintained and a new provision is introduced for fisheries measures in the context of Union environmental law obligations. The existing authorization to Member States to take conservation measures within the 12 nautical mile zone and measures applicable solely to fishing vessels flying their flag are maintained in the proposal.
The introduction of a system of transferable fishing concessions will constitute a major driver for fleet capacity adjustment. The impact assessment has shown clear positive and significant contributions from such a system of transferable fishing concessions to eliminate overcapacity and to improve economic results of the fishing industry.
The proposal introduces a mandatory system of transferable fishing concessions (on fishing opportunities for regulated stocks) as from 2014 for all vessels with the exception of vessels under 12 meters with passive gear. In recognition of the specific characteristics and socio-economic vulnerability of some small-scale fleets, the choice on introduction of transferable fishing concessions for the remaining vessels will be left to Member States. Member States may regulate transferable fishing concessions to ensure a close link between them and the fishing communities (for example, by limiting the transferability within fleet segments) and to prevent speculation. To respect and maintain relative stability transferability of these concessions may be limited to vessels flying the same flag. Member States may create a reserve and introduce a fee for the concessions, which under normal conditions may be recalled by the Member States only after expiration of their validity or invocation of an early warning.
The general obligation for Member States to adjust the fleet capacity to the fishing opportunities is maintained. A basic fleet management policy remains necessary with overall fishing capacity ceilings per Member State established by the Commission. Transferable fishing concessions will accelerate fleet capacity reduction, and this justifies that Member States should be allowed to exclude vessels with such concessions from the capacity ceilings. For the period when decommissioning of vessels with public aid remains possible under the European Fisheries Fund, the provisions on fleet capacity reductions have to remain in place. The Member State and Commission fleet registers will ensure informed monitoring and management of the fleets.
Reliable and complete data, both for scientific advice and for implementation and control purposes are central to well-functioning fisheries management. The proposal establishes the basic rules and obligations for Member States on data collection, management, data availability and access provisions for the Commission. The need for coordination of data collection between Member States in a decentralized context is a key reason for the Commission to introduce a regional coordination obligation on data collection.
To improve the quality, coherence and synergy of efforts in the field of policy-oriented science, the proposal also introduces provisions for Member States to adopt national fisheries data collection and scientific and innovation programs and to coordinate between themselves, in particular with a view to the Union research and innovation framework.
The external policy is integrated into the CFP to ensure alignment of its objectives with the overall principles and objectives of the CFP. The Union shall actively participate in the works of Regional Fisheries Management Organizations (RFMOs), as well as international multilateral bodies (UN, FAO) in order to strengthen them and enhance their performance in the management and conservation of international fish stocks. The Union shall advocate best available science-based positions, contribution to development of scientific knowledge, and cooperation to strengthen compliance in the international context.
Relations with third countries through Sustainable Fisheries Agreements (SFAs) are another means to promote internationally the CFP principles and objectives. SFAs shall contribute to the establishment of a high quality governance framework in the partner country, be coherent with development policy objectives, and focusing on a sustainable and transparent management of resources, monitoring, surveillance and control. They shall ensure that the exploitation of fishery resources takes place on the basis of sound scientific advice only targeting surplus resources that the partner country cannot or does not want to fish itself. Under SFAs, partner countries shall be compensated for granting access to their fishing resources and financial assistance shall be provided to the partner countries for the implementation of their own sustainable fisheries policy.
The CFP should support the environmentally, economically and socially sustainable development of the aquaculture industry. Aquaculture contributes to food security and growth and jobs in coastal and rural regions. Serious progress can be achieved when Member States develop on the basis of Union strategic guidelines national strategic plans to facilitate the sustainable development of aquaculture in relation to the business security, access to waters and space, and administrative simplification of licensing. There is a clear Union dimension in aquaculture development: strategic choices made at national level can have a bearing on such development in neighbouring Member States. It is essential that Member States have an opportunity to know what other Member States are planning for future aquaculture development.
The Commission considers that the specific nature of aquaculture requires a focalized stakeholder consultation body, and proposes to this effect the creation of an Advisory Council for Aquaculture.
The organization of the common markets needs to contribute to the achievement of the objectives of the CFP, to enable the industry to apply the CFP at the appropriate level, and to strengthen competitiveness, particularly of producers.
Consistent with the new control regime as adopted with Council Regulations No 1005/2008 and No 1224/2009[13] the proposal integrates the basic elements for the Union control and enforcement regime for compliance with the rules of the CFP. In light of the introduction in the part on conservation of the landing obligation to avoid discards the Commission proposes monitoring and control obligations in particular in relation to fully documented fishery, as well as pilot projects on new fisheries control technologies that contribute to sustainable fishing.
To increase compliance the proposal introduces conditions for Union financial assistance that may be granted to contribute to the achievement of the CFP objectives. Financial assistance will become conditional upon compliance with the rules, and this principle will apply to both Member States and operators. For Member States non-compliance may result in interruption, suspension or financial correction to the Union financial assistance. For operators serious infringements may lead to banning of access to financial assistance or financial reductions. In addition, the proposal introduces the obligation for Member States, when granting financial assistance, to take into account the behaviour (in particular the absence of serious infringements) of operators in the recent past.
The Commission proposes to consolidate and where possible to extend the experience with the Regional Advisory Councils under the CFP. Since some of them have no regional character or limitation, the seven existing councils need to be renamed into Advisory Councils, together with the creation of the Advisory Council for Aquaculture. Considering the specificities of the Black Sea, an enclosed sea basin shared with four states that are not members of the Union, and taking into account the ongoing discussions with all non EU Black Sea countries in order to advise on conservation policy and to boost co-operation between Romania, Bulgaria and their sea-basin neighbours, the Commission intends to establish an Advisory Council for the Black Sea by 2015.
The final part establishes the areas for delegation of powers to the Commission, its exercise, revocation and objections, as well as the establishment of a Committee for Fisheries and Aquaculture in relation with implementing acts. It also proposes to repeal and/or amend relevant existing legislation.