The Common Fisheries Policy - The Quest for Sustainability

Preface xii

Acknowledgements xiii

Disclaimer xiv

1 Why the common fisheries policy is important 1

Europe and fisheries 1

The CFP as a key European policy 1

The fishing sector in Europe: some facts 1

A historical background 3

The importance of European fishing beyond economics 7

Fishing and national traditions: the difficult balance 8

Fishing and the tragedy of the commons 8

The importance of geography 8

The importance of economics and culture 9

Fisheries and international conflict 10

Fisheries and European law 10

The CFP in the Treaty of Rome 10

Fishing in subsequent Treaties 11

The Treaty of Lisbon 12

Fisheries policy and European integration 13

Who decides what in the CFP? 13

The importance of history 15

Notes 16

References 16

2 The origin of the CFP 18

Fishing in the 1960s 18

The context in Europe 18

The context in the world 19

The precedents: ICNAF and NEAFC 20

The Commission’s first initiatives 21

The 1967 Communication 21

The structures and market

regulations of 1970 21

The enlargement of 1973 22

The declaration of exclusive fisheries zones as of 1977 24

Relative stability and The Hague preferences 26

The basic allocation key 27

The Hague Preferences 28

The consolidation of relative stability 28

The regulations of 1983 29

Regulation 170/83 29

Regulation 171/83 30

What remains of the 1983 policy? 31

The 12]mile regime 31

Relative stability… 31

… But relative stability can change 32

…And relative stability can be adjusted annually: quota swaps 33

The application of The Hague Preferences 34

Notes 34

References 35

3 EU enlargement and the CFP 36

The first enlargements 36

The second enlargement: Greece in 1981 36

Spain and Portugal in 1986: a quantum leap for the CFP 36

The Treaty of Accession 38

The transitional period and the ‘Western Waters’ Regulation 38

The first adaptation in 1995 39

The end of the transitional period in 2002 39

The effort management scheme of the western waters 39

The biologically sensitive zone 40

The question of access 41

The other side effect of accession: the ‘quota hoppers’ 42

Implementation of the Western Waters Regulation 43

Other enlargements 43

Sweden, Finland and Austria in 1995 and the failed accession of Norway 43

The non]accession of Norway 44

The 2004 enlargement: new Baltic, Mediterranean and land]locked Member States 45

The enlargement of 2007: the Black Sea 46

Croatia in 2013 47

Notes 47

References 48

4 The conservation policy 49

Conservation: the core business of the CFP 49

TACs and quotas: the main conservation instrument of the CFP 50

The scope of TACs and quotas 51

TACs and scientific advice: a conflicting relationship 53

Improving TAC setting: from ad hoc discussions to the Policy Statement 55

New types of TACs 58

The elusive multi]species TACs 59

Enforcing TACs 61

Quota flexibility 62

From annual TACs to multi]annual plans 62

The case of cod 63

The reform of 2002 and the consolidation of long]term plans 65

Other long term plans 66

Other plans proposed by the Commission 69

The introduction of fishing effort as a management instrument 71

Cod recovery and effort management 71

The implementation of effort management 73

The future of effort management 75

Technical measures 76

Technical measures: are they just technical? 76

Some historical background 77

Gear characteristics 78

Minimum landing sizes: a difficult compromise 82

Closed areas/seasons as technical measures 83

Closed areas as a mainstream management instrument 85

Amending technical measures 85

Implementing technical measures 86

The future of technical measures 88

Is the CFP conservation policy a success? 88

The slow progress of the conservation policy 88

The Mediterranean 92

The contribution from long]term management plans 92

Linkages of the conservation policy with other policy elements 92

Leisure fishing 94

Notes 95

References 95

5 Fleet policy 99

The relationship between fleets and resources 99

Fleet capacity and fisheries management 99

Historical background: the first fleet policy 100

The multi]annual guidance programmes 100

MAGPs for the period 1983–1986 101

MAGPs for the period 1987–1991 101

MAGPs for 1992–1996: the Gulland report 102

The MAGPs 1997–2001: the Lassen report 103

Did the MAGPs work? 104

The modest objectives and their implementation 104

The measurement of capacity 105

The technological creep 106

The unpopular image of the policy 106

Other weaknesses of the MAGPs 106

From MAGPs to Member States’ responsibility: the policy since 2002 107

The new policy 107

Implementation 109

MAGPs versus Member State responsibility 110

Fleet and structural policy: have they helped each other? 111

Vessel construction and modernisation: a contribution to overcapacity? 111

Scrapping 112

Temporary laying]ups: an instrument to undermine fleet capacity adjustment? 113

Has the fleet policy delivered? 114

Is there an alternative to fleet policy? The case for rights]based management 115

Are RBM systems a panacea? 116

Notes 117

References 117

6 Structural policy 120

The structural policy: the oldest component of the CFP 120

The 43 years of structural policy 121

The first regulation in 1970 121

The second instrument in 1976 122

Structural policy and the birth of the CFP in 1983 122

The accession of Spain and Portugal and the new regulation in 1986 123

The first FIFG: 1994–1999 124

The second FIFG: 2000–2006 125

The European Fisheries Fund: 2007–2013 125

Implementation of the EFF 126

The new Regulation: EMFF 127

Has the structural policy resolved the structural problems of the CFP? 127

The evolution of the financial package 128

The results: a mixed picture 128

Processing industry 129

Ancillary industries and infrastructures 129

The development of aquaculture 130

The improvements in working conditions on board 130

Community]led local development 131

Contribution to the achievement of CFP objectives 131

Fisheries and subsidies 132

The fishing sector: a highly subsidised industry? 132

State aid 133

Indirect subsidies 134

The effects: subsidies and competitiveness 135

The ‘resource rent’ of the fishing sector in Europe 137

Is there a social dimension in the CFP? 137

The ‘invisible’ part of the CFP 137

Working as a fisherman in Europe 139

The social elements of the CFP 140

Notes 141

References 141

7 The external dimension 144

The last frontier of the CFP: external resources 144

The importance of the external sector 145

A stand]alone policy pillar? 145

The global governance of fisheries 146

The development of international fisheries law 146

Global governance 149

Soft law: FAO 149

Future prospects 150

The recognition of the Union as a world partner for fisheries governance 151

Multilateral management of fisheries 152

The Union in Regional Fisheries Management Organisations (RFMOs): the question of membership 152

The relationship between the CFP and global fisheries management 155

The contribution of RFMOs to the development of the CFP 156

What challenges for the RFMOs? 157

Are resources improving in RFMOs? 160

Other neighbouring relationships.

Coastal states of the Northeast Atlantic: the case of mackerel 161

Bilateral fisheries agreements 161

Mutual access agreements 162

Agreements with trade concessions 164

Agreements with financial compensation 164

Private partnerships 165

Fisheries and international conflict: the Greenland halibut war 167

Notes 168

References 168

8 The mediterranean specificity 170

The CFP in the Mediterranean 170

A CFP in and for the North Sea and Atlantic 170

The Importance of Mediterranean fisheries 171

The Mediterranean specificity: myth or reality? 171

The status of Mediterranean fisheries 172

A different policy approach 175

The jurisdictional regime of Mediterranean waters 175

Fisheries management under the CFP 178

The 1994 Regulation 178

The 2006 Regulation 179

Implementation and enforcement 180

Multilateral management in the Mediterranean 181

The case of GFCM 181

ICCAT: the case of Bluefin tuna 182

The Black Sea: the new challenge of the CFP 185

Notes 186

References 186

9 Enforcing the CFP 188

The control pillar of the CFP 188

Why enforcement matters 188

The question of competence 189

The historical development of

the control system of the CFP 189

1982: The first regulation 189

1987: The second regulation 190

1993: The third regulation 190

Further developments 191

The evaluation of the control policy 192

The difficulty of enforcing the CFP 193

The legislation 193

Member States’ control 194

The Commission’s role 195

The industry’s attitude 195

The issue of sanctions 196

Control as a key factor in the development of the CFP 196

A case story: control and effort management 197

Financing the control of the CFP 197

The new control regulation 198

Why a new instrument? 198

Regulation 1224/2009 199

Future perspectives 200

The international dimension of the control of fisheries 200

NAFO 201

NEAFC 202

Other cases 202

Control and the international ‘level playing field’: the IUU regulation 202

Control in a global context 202

The precedents 203

The IUU Regulation of 2010 204

Implementation 205

Possible future developments 206

Towards integration of the control of fisheries 207

European integration: EFCA 207

Sectorial integration: the opportunity of CISE 209

Policy integration – control and structural policy: conditionality 209

Notes 210

References 211

10 The scientific advice for the CFP 213

The CFP, a science]based policy 213

The sources of fisheries research to underpin the CFP 213

The sources of advice for the CFP 214

The basic data for science and advice 216

The processing of the data 217

The evolution of the scientific advice 218

From safe biological limits to maximum sustainable yield 218

From short to long term advice 219

Moving from single species advice 220

The case of ‘data poor’ stocks 221

The precautionary principle 223

The advice in the Mediterranean 223

Science and policy making: an often difficult relationship 224

Scientists and policy]makers: a different language 224

Science and political decisions 224

Fisheries science and enforcement 225

Science and industry: from mistrust to cooperation 226

The future scientific advice: new methodologies and new demands of the reformed CFP after 2013 226

Economic science in the CFP 227

Economic versus biological science in the CFP: closing the gap 227

The Annual Economic Reports 229

Economic analysis as a tool for fisheries management 229

Notes 230

References 230

11 Fisheries and the environment 232

Environmental performance of the CFP 232

The integration of environmental concerns in the CFP 232

What has been achieved 233

Fisheries and environment: a difficult relationship 234

Fisheries and the environment as complementary policies 234

Pelagic sharks 235

Whaling 235

Eels 236

Marine mammals 237

Seabirds 237

Environmental questions as drivers for fisheries decisions 238

Implementing environmental law through the CFP 239

Natura 2000 and the CFP 239

The ecosystem approach 241

Implementation in the CFP 241

Managing the ecosystem? 243

The Marine Strategy Framework Directive 244

The notion of ‘balanced harvest’ and the ecosystem approach 245

The ecosystem approach and maritime spatial planning 246

Notes 247

References 247

12 The stakeholders 250

The CFP and the ‘ivory tower’ effect 250

The Advisory Committee for Fisheries and Aquaculture 251

A historical background 251

The contribution of ACFA 252

Regional Advisory Councils 253

The precedents: regional workshops 253

The establishment of the RACs 254

The growth phase 254

RAC composition 255

Are RACs a success? 256

Non]governmental organisations 257

The precedents 257

From iconic species to mainstream fisheries 258

Widening the scope: from campaigners to formal stakeholders 258

Other consultations 259

Institutional consultations 259

Social dialogue 260

Consultations with the public at large 260

Note 260

References 260

13 The governance of the CFP 262

The CFP: a ‘central command’ policy? 262

The ‘micromanagement from Brussels’ 262

The ‘culture’ of the December Council 262

The psychology of decision making 263

Horse trading 264

‘Paper fish’ and governance 265

Allocating national quotas: a Member State prerogative 266

Improving decision making 266

Front loading 267

The effects of the Policy Statement 267

Streamlining TAC decisions 267

Enlargement and decision

making by Council 268

The CFP, a complex policy 268

The ever increasing complexity 269

The number of regulations 270

Duplication of management instruments 271

The number of Member States in Council 272

The Treaty of Lisbon and co]decision 272

Co-decision and simplification 272

Co-decision and societal interests 274

Council versus Parliament: Articles 43(2) and 43(3) 274

Co-decision and regionalisation 275

Non-legislative elements for decision making 275

Is co-management an option for the CFP? 276

Notes 277

References 277

14 Aquaculture 278

Is aquaculture part of the CFP? 278

A unique part of the CFP 278

Some facts and figures on aquaculture in the EU 278

The evolution of the EU policy in promoting aquaculture development 279

EU legislation and aquaculture 280

Aquaculture as part of the structural policy of the CFP 280

Aquaculture and environmental policy 280

Aquaculture and sanitary policy 282

Aquaculture and research policy 283

Alien species in aquaculture 283

Stakeholders 283

The aquaculture strategies 283

2002: The first strategy 284

2009: The second strategy 284

2013: The strategic guidelines 285

Aquaculture strategy and CFP reform 285

What future for European aquaculture? 286

European aquaculture: a unique mixture of strengths and weaknesses 286

The challenges 286

Notes 289

References 289

15 Reforming the CFP: 1992 and 2002 291

Reforming the CFP 291

The first reform: 1992 292

The context 292

The new basic regulation of 1992 293

Implementation of the first reform 293

The second reform: 2002 294

The context 294

Vessel construction 295

Long-term plans 296

Regional Advisory Councils 296

Other issues 297

What the 2002 reform missed: Maximum Sustainable Yield 298

The implementation of the 2002 reform 300

Note 301

References 301

16 The CFP reform of 2013 303

The context for reform and the Green Paper 303

The reform in 2012: the status quo is not an option 303

The Green Paper 303

The proposals 304

The impact assessment 304

The package 305

The discard ban 305

Why a discard ban? 305

Why a top]down approach? 306

The practical difficulties and the need for flexibility 308

Discard ban and TAC levels 309

Regionalisation 310

Regionalising the CFP: easier said than done 310

Regionalisation and national law: the need for delegated acts 310

Maximum sustainable yield 311

Accepting the principle 311

Is MSY a balanced objective? 311

MSY by when? 312

Which MSY: based on fishing mortality or biomass? 312

Why not Maximum Economic Yield? 313

MSY for mixed fisheries 314

Transferable fishing concessions and fleet policy 314

Why a system of transferable rights? 314

Why did TFCs fail? 315

The new fleet policy 316

Other issues in the basic regulation 317

The policy objectives 317

Long-term management plans 317

The composition of Advisory Councils 318

Integration of environmental concerns 318

Closed areas 319

Aquaculture 320

Control 320

Scientific advice and data collection 321

Small-scale fishing 321

Delegated and implementing acts 321

The external dimension 322

Contributing to long]term sustainability worldwide 322

The new market regulation 323

The new structural instrument: the European Maritime and Fisheries Fund (EMFF) 324

The proposal 325

The negotiation and the final regulation 326

Fleet measures 327

Aquaculture 329

Marketing 329

Outermost regions 330

Control and data collection 330

Processing industry 331

Social measures 331

Environmental measures 332

Other measures 333

Community-led local development 334

Integrated maritime policy 335

Conditionality 335

Investments by the Commission under direct management 336

The allocation of funds 337

Notes 339

References 339

17 What’s next? 341

Implementing the new CFP: a daily affair 341

Implementation of the MSY objectives 342

MSY in 2015 or 2020? 342

MSY proxies 342

MSY in multi-species fisheries 342

Implementing the discard ban 343

The necessary changes in current legislation: the ‘omnibus’ proposal 343

Improving selectivity: the next generation of technical measures 343

Preparing the future rules 344

The problem of ‘choke species’ 344

Facilitating the discard ban 345

Controlling the discard ban 346

Discard ban and conservation policy: a new paradigm 346

Regionalisation 347

Enhancing regional cooperation 348

Regionalisation versus harmonisation 348

The role of stakeholders 350

Long-term multi-species management plans 351

Planned versus bottom-up approach 351

What multi-species approach? 351

Scope of the plans 352

Other issues 353

Improving the scientific advice 353

Natura 2000 sites 354

Fishery Protected Areas: a lost opportunity? 354

The role of consumers 355

The future of management by fishing effort 355

The new CFP under co-decision 356

Co-decision and policy complexity 356

Adaptation of legislation 356

The role of the Commission 356

Will the new CFP prevent the ‘tragedy of the commons’? 357

Fisheries in a wider maritime context: integrated maritime policy 360

Blue growth 360

Maritime Spatial Planning 361

Marine knowledge 361

Some external challenges for the CFP 361

The effects of climate change 362

Possible increases in fuel prices 363

Possible changes in the ownership of the means of production 363

Possible changes in the world’s fisheries governance 364

Closing remarks 364

Notes 365

References 365

Glossary 367

Index 371