The Common Fisheries Policy
：The Quest for Sustainability
Publication subTitle ：The Quest for Sustainability
Author： Ernesto Penas Lado
Publisher： John Wiley & Sons Inc
Publication year： 2016
E-ISBN: 9781119085669
P-ISBN(Paperback): 9781119177272
P-ISBN(Hardback): 9781119085645
Subject： S9 Aquaculture, Fishery
Language： ENG
Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.
Description
Preface Acknowledgements Chapter 1 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 2 A historical background 3 The importance of European fishing beyond economics 9 FISHING AND NATIONAL TRADITIONS: THE DIFFICULT BALANCE 11 Fishing and the tragedy of the commons 11 The importance of geography 12 FISHERIES AND EUROPEAN LAW 15 The CFP in the Treaty of Rome 15 Fishing in subsequent Treaties 17 The Treaty of Lisbon 18 Fisheries policy and European integration 18 Who decides what in the CFP 20 THE IMPORTANCE OF HISTORY 22 Chapter 2 24 THE ORIGIN OF THE CFP 24 WHAT REMAINS OF THE 1983 POLICY 43 The 12-mile regime 43 Relative stability 44 … but relative stability can change 45 …and relative stability can be adjusted annually: quota swaps 46 The application of the Hague Preferences 48 Chapter 3 49 EU ENLARGEMENT AND THE CFP 49 THE FIRST ENLARGEMENTS 49 The second enlargement: Greece in 1981 49 SPAIN AND PORTUGAL IN 1986: A QUANTUM LEAP FOR THE CFP 50 The Treaty of Accession 52 THE TRANSITIONAL PERIOD AND THE ‘WESTERN WATERS’ REGULATION 53 The first adaptation in 1995 53 The end of the transitional period in 2002 54 The effort management scheme of the western waters 55 The Biologically Sensitive Zone 56 The question of access 57 Other side effect of accession: the ‘quota hoppers’ 58 Implementation of the western waters regulation 60 OTHER ENLARGEMENTS 60 Sweden, Finland and Austria in 1995 and the failed accession of Norway 60 The non-accession of Norway 61 The 2004 enlargement: new Baltic, Mediterranean and land-locked Member States 62 The enlargement of 2007: the Black Sea 65 Croatia in 2013 65 Chapter 4 67 THE CONSERVATION POLICY 67 CONSERVATION: THE CORE BUSINESS OF THE CFP 67 TACS AND QUOTAS: THE MAIN CONSERVATION INSTRUMENT OF THE CFP 69 The scope of TACs and quotas 70 TACs and scientific advice: a conflicting relationship 74 Improving TAC setting: from ad hoc discussions to the Policy Statement 77 New types of TACs 80 The elusive multi-species TACs 82 Enforcing TACs 84 Quota flexibility 86 FROM ANNUAL TACS TO MULTI-ANNUAL PLANS 86 The case of cod 88 The reform of 2002 and the consolidation of long-term plans 91 Other long term plans 92 Other plans proposed by the Commission 98 THE INTRODUCTION OF FISHING EFFORT AS A MANAGEMENT INSTRUMENT 100 Cod recovery and effort management 102 The implementation of effort management 104 The future of effort management 107 TECHNICAL MEASURES 108 Technical measures: are they just technical? 108 Some historical background 109 Gear characteristics 111 Minimum landing sizes. A difficult compromise 115 Closed areas/seasons as technical measures 117 Closed areas as a mainstream management instrument 119 Amending technical measures 121 Implementing technical measures 122 The future of technical measures 124 IS THE CFP CONSERVATION POLICY A SUCCESS? 125 The slow progress of the conservation policy 125 The Mediterranean 128 The contribution from Long-Term Management Plans 129 Linkages of the conservation policy with other policy elements 129 Chapter 5 134 FLEET POLICY 134 THE RELATIONSHIP BETWEEN FLEETS AND RESOURCES 134 Fleet capacity and fisheries management 134 Historical background: the first fleet policy 135 THE MULTI-ANNUAL GUIDANCE PROGRAMMES 137 MAGPs for the period 1983-86 137 The MAGPs for the period 1987-91 138 MAGPs for 1992-96: the Gulland report 139 The MAGPs 1997-2001: the Lassen report 141 DID THE MAGPS WORK? 142 The modest objectives and their implementation 143 The measurement of capacity 144 The technological creep 145 The unpopular image of the policy 146 Other weaknesses of the MAGPs 147 FROM MAGPS TO MEMBER STATES’ RESPONSIBILITY: THE POLICY SINCE 2002 148 The new policy 148 Implementation 149 MAGPs vs. Member State responsibility 152 FLEET AND STRUCTURAL POLICY: HAVE THEY HELPED EACH OTHER? 153 Vessel construction and modernisation: a contribution to overcapacity? 153 Scrapping 154 Temporary laying-ups: an instrument to undermine fleet capacity adjustment? 156 HAS THE FLEET POLICY DELIVERED? 157 IS THERE AN ALTERNATIVE TO FLEET POLICY? THE CASE FOR RIGHTS-BASED MANAGEMENT 159 Are RBM systems a panacea? 160 Chapter 6 163 STRUCTURAL POLICY 163 THE STRUCTURAL POLICY: THE OLDEST COMPONENT OF THE CFP 163 THE 43 YEARS OF STRUCTURAL POLICY 165 The first regulation in 1970 165 The second instrument in 1976 166 Structural policy and the birth of the CFP in 1983 167 The accession of Spain and Portugal and the new regulation in 1986 168 The first FIFG: 1994-1999 169 The second FIFG: 2000-2006 171 The European Fisheries Fund: 2007-2013 172 Implementation of the EFF 174 The new Regulation: EMFF 175 HAS THE STRUCTURAL POLICY RESOLVED THE STRUCTURAL PROBLEMS OF THE CFP? 176 The evolution of the financial package 176 The results: a mixed picture 177 Processing industry 178 Ancillary industries and infrastructures 179 The development of aquaculture 179 The improvements in working conditions on board 181 Community-led local development 181 Contribution to the achievement of CFP objectives 182 FISHERIES AND SUBSIDIES 183 The fishing sector: a highly subsidised industry? 183 State aid 185 Indirect subsidies 186 The effects: Subsidies and competitiveness 188 The ‘resource rent’ of the fishing sector in Europe 190 IS THERE A SOCIAL DIMENSION IN THE CFP? 192 The ‘invisible’ part of the CFP 192 Working as a fisherman in Europe 195 The social elements of the CFP 196 Chapter 7 199 THE EXTERNAL DIMENSION 199 THE LAST FRONTIER OF THE CFP: EXTERNAL RESOURCES 199 The importance of the external sector 200 A stand-alone policy pillar? 201 THE GLOBAL GOVERNANCE OF FISHERIES 202 The development of international fisheries law 203 Global governance 207 Soft law: FAO 208 Future prospects 209 The recognition of the Union as a world partner for fisheries governance 211 MULTILATERAL MANAGEMENT OF FISHERIES 213 The Union in Regional Fisheries Management Organisations (RFMOs): the question of membership 213 The relationship between the CFP and global fisheries management 216 The contribution of RFMOs to the development of the CFP 217 What challenges for the RFMOs? 219 Completing the network 223 Are resources improving in RFMOs? 224 Other neighbouring relationships. Coastal states of the Northeast Atlantic: the case of mackerel 225 BILATERAL FISHERIES AGREEMENTS 226 Mutual access agreements 226 Agreements with trade concessions 229 Agreements with financial compensation 230 Private partnerships 232 Fisheries and international conflict: the Greenland halibut war 234 Chapter 8 237 THE MEDITERRANEAN SPECIFICITY 237 THE CFP IN THE MEDITERRANEAN 237 A CFP in and for the North Sea and Atlantic 237 The Importance of Mediterranean fisheries 238 The Mediterranean specificity: myth or reality? 239 The status of Mediterranean fisheries 241 A different policy approach 243 THE JURISDICTIONAL REGIME OF MEDITERRANEAN WATERS 245 FISHERIES MANAGEMENT UNDER THE CFP 248 The 1994 Regulation 248 The 2006 Regulation 250 Implementation and enforcement 252 MULTILATERAL MANAGEMENT IN THE MEDITERRANEAN 253 The case of GFCM 253 ICCAT: the case of Bluefin tuna 255 THE BLACK SEA: THE NEW CHALLENGE OF THE CFP 259 Chapter 9 261 ENFORCING THE CFP 261 THE CONTROL PILLAR OF THE CFP 261 Why enforcement matters 261 The question of competence 262 THE HISTORICAL DEVELOPMENT OF THE CONTROL SYSTEM OF THE CFP 263 1982: The first regulation 264 1987: the second regulation 265 1993: The third regulation 265 Further developments 267 The evaluation of the control policy 267 THE DIFFICULTY OF ENFORCING THE CFP 270 The legislation 271 Member States’ control 272 The Commission’s role 273 The industry’s attitude 274 The issue of sanctions 274 CONTROL AS A KEY FACTOR IN THE DEVELOPMENT OF THE CFP 275 A case story: control and effort management 276 Financing the control of the CFP 276 THE NEW CONTROL REGULATION 279 Why a new instrument? 279 Regulation 1224/2009 280 Future perspectives 281 THE INTERNATIONAL DIMENSION OF THE CONTROL OF FISHERIES 282 CONTROL AND THE INTERNATIONAL ‘LEVEL PLAYING FIELD’: THE IUU REGULATION 285 Control in a global context 285 The precedents 286 The IUU Regulation of 2010 287 Implementation 289 Possible future developments 292 TOWARDS INTEGRATION OF THE CONTROL OF FISHERIES 293 European integration: EFCA 293 Sectorial integration: the opportunity of CISE 296 Policy integration: Control and Structural policy: conditionality 297 Chapter 10 299 THE SCIENTIFIC ADVICE FOR THE CFP 299 THE CFP, A SCIENCE-BASED POLICY 299 The sources of fisheries research to underpin the CFP 300 The sources of advice for the CFP 301 THE BASIC DATA FOR SCIENCE AND ADVICE 305 THE EVOLUTION OF THE SCIENTIFIC ADVICE 307 From safe biological limits to maximum sustainable yield 308 From short to long term advice 309 Moving from single species advice 311 The case of ‘data poor’ stocks 313 The precautionary principle 314 The advice in the Mediterranean 315 SCIENCE AND POLICY MAKING: AN OFTEN DIFFICULT RELATIONSHIP 315 Scientists and policy-makers: a different language 315 Science and political decisions 316 Fisheries science and enforcement 318 Science and industry: from mistrust to cooperation 319 The future scientific advice: new methodologies and new demands of the reformed CFP after 2013 320 ECONOMIC SCIENCE IN THE CFP 321 Economic vs. biological science in the CFP: closing the gap 321 The Annual Economic Reports 323 Economic analysis as a tool for fisheries management 324 Chapter 11 327 FISHERIES AND THE ENVIRONMENT 327 ENVIRONMENTAL PERFORMANCE OF THE CFP 327 The integration of environmental concerns in the CFP 328 What has been achieved 330 Fisheries and environment: a difficult relationship 331 FISHERIES AND THE ENVIRONMENT AS COMPLEMENTARY POLICIES 332 Pelagic sharks 332 Whaling 333 Eels 334 Marine mammals 335 Seabirds 336 Environmental questions as drivers for fisheries decisions 337 IMPLEMENTING ENVIRONMENTAL LAW THROUGH THE CFP 339 Natura 2000 and the CFP 340 THE ECOSYSTEM APPROACH 342 Implementation in the CFP 343 Managing the ecosystem? 346 The Marine Strategy Framework Directive 347 The notion of ‘balanced harvest’ and the ecosystem approach 349 The ecosystem approach and maritime spatial planning 350 Chapter 12 353 THE STAKEHOLDERS 353 THE CFP AND THE 'IVORY TOWER' EFFECT 353 THE ADVISORY COMMITTEE FOR FISHERIES AND AQUACULTURE 354 A historical background 354 The contribution of ACFA 356 REGIONAL ADVISORY COUNCILS 358 The precedents: regional workshops 358 The establishment of the RACs 359 The growth phase 360 RAC composition 362 Are RACs a success? 363 NON-GOVERNMENTAL ORGANISATIONS 364 The precedents 365 From iconic species to mainstream fisheries 366 Widening the scope: from campaigners to formal stakeholders 366 OTHER CONSULTATIONS 368 Institutional consultations 368 Social dialogue 369 Consultations with the public at large 369 Chapter 13 371 THE GOVERNANCE OF THE CFP 371 THE CFP: A ‘CENTRAL COMMAND’ POLICY? 371 The ‘micromanagement from Brussels’ 371 The ‘culture’ of the December Council 372 The psychology of decision-making 373 Horse-trading 374 ‘Paper fish’ and governance 375 Allocating national quotas: a Member State prerogative 376 IMPROVING DECISION-MAKING 377 Front-loading 377 The effects of the Policy Statement 378 Streamlining TAC decisions 378 Enlargement and decision-making by Council 379 THE CFP, A COMPLEX POLICY 380 The ever increasing complexity 381 The number of regulations 383 Duplication of management instruments 383 The number of Member States in Council 385 THE TREATY OF LISBON AND CO-DECISION 386 Co-decision and simplification 386 Co-decision and societal interests 388 Council vs. Parliament: Articles 43(2) and 43(3) 389 Co-decision and regionalisation 390 NON-LEGISLATIVE ELEMENTS FOR DECISION MAKING 390 IS CO-MANAGEMENT AN OPTION FOR THE CFP? 392 Chapter 14 394 AQUACULTURE 394 IS AQUACULTURE PART OF THE CFP? 394 A unique part of the CFP 394 Some facts and figures on aquaculture in the EU 395 The evolution of the EU policy in promoting aquaculture development 396 EU LEGISLATION AND AQUACULTURE 397 Aquaculture as part of the structural policy of the CFP 397 Aquaculture and environmental policy 398 Aquaculture and sanitary policy 401 Aquaculture and research policy 402 Alien species in aquaculture 403 Stakeholders 403 THE AQUACULTURE STRATEGIES 404 2002: The first strategy 404 2009: The second strategy 405 2013: The strategic guidelines 406 Aquaculture strategy and CFP reform 407 WHAT FUTURE FOR EUROPEAN AQUACULTURE? 407 European aquaculture: a unique mixture of strengths and weaknesses 407 The challenges 409 Chapter 15 413 REFORMING THE CFP: 1992 AND 2002 413 REFORMING THE CFP 413 THE FIRST REFORM: 1992 414 The context 414 The new basic regulation of 1992 416 Implementation of the first reform 417 THE SECOND REFORM: 2002 418 The context 418 Vessel construction 420 Long-term plans 421 Regional Advisory Councils 422 Other issues 423 What the 2002 reform missed: Maximum Sustainable Yield 425 The implementation of the 2002 reform 427 Chapter 16 430 The CFP REFORM OF 2013 430 THE CONTEXT FOR REFORM AND THE GREEN PAPER 430 The reform in 2012: The status quo is not an option 430 The Green Paper 431 THE PROPOSALS 432 The Impact assessment 432 The package 434 THE DISCARD BAN 435 Why a discard ban? 435 Why a top-down approach? 437 The practical difficulties and the need for flexibility 439 Discard ban and TAC levels 441 REGIONALISATION 442 Regionalising the CFP: easier said than done 442 Regionalisation and national law: the need for delegated acts 443 MAXIMUM SUSTAINABLE YIELD 444 Accepting the principle 444 Is MSY a balanced objective? 444 MSY by when? 445 Which MSY: based on fishing mortality or biomass? 446 MSY for mixed fisheries 447 TRANSFERABLE FISHING CONCESSIONS AND FLEET POLICY 448 Why a system of transferable rights? 448 Why did TFCs fail? 450 OTHER ISSUES IN THE BASIC REGULATION 452 The policy objectives 452 Long-term management plans 453 The composition of Advisory Councils 454 Integration of environmental concerns 454 Closed areas 456 Aquaculture 457 Control 458 Scientific advice and data collection 459 Small-scale fishing 459 Delegated and implementing acts 460 THE EXTERNAL DIMENSION 460 THE NEW MARKET REGULATION 463 THE NEW STRUCTURAL INSTRUMENT: THE EUROPEAN MARITIME AND FISHERIES FUND (EMFF) 465 The proposal 465 THE NEGOTIATION AND THE FINAL REGULATION 468 Fleet measures 469 Aquaculture 472 Marketing 473 Outermost regions 473 Control and data collection 474 Processing industry 475 Social measures 475 Environmental measures 477 Other measures 478 Community-led local development 479 Integrated Maritime Policy 481 Conditionality 481 Investments by the Commission under direct management 483 The allocation of funds 484 Chapter 17 488 WHAT’S NEXT? 488 IMPLEMENTING THE NEW CFP: A DAILY AFFAIR 488 IMPLEMENTATION OF THE MSY OBJECTIVES 489 MSY in 2015 or 2020? 489 MSY proxies 490 MSY in multi-species fisheries 490 IMPLEMENTING THE DISCARD BAN 491 The necessary changes in current legislation: the ‘omnibus’ proposal 491 Improving selectivity: the next generation of technical measures 492 Preparing the future rules 492 The problem of ‘choke species’ 494 Facilitating the discard ban 495 Controlling the discard ban 496 Discard ban and conservation policy: a new paradigm 497 REGIONALISATION 498 Enhancing regional cooperation 499 Regionalisation vs. harmonisation 500 The role of stakeholders 502 LONG-TERM MULTI-SPECIES MANAGEMENT PLANS 503 Planned vs. bottom-up approach 504 What multi-species approach? 504 Scope of the plans 505 OTHER ISSUES 506 Improving the scientific advice 506 Natura 2000 sites 508 Fishery Protected Areas: a lost opportunity? 508 The role of consumers 509 The future of management by fishing effort 510 THE NEW CFP UNDER CO-DECISION 511 Co-decision and policy complexity 511 Adaptation of legislation 511 THE ROLE OF THE COMMISSION 512 WILL THE NEW CFP PREVENT THE ‘TRAGEDY OF THE COMMONS’? 513 FISHERIES IN A WIDER MARITIME CONTEXT: INTEGRATED MARITIME POLICY 517 Blue Growth 517 Maritime Spatial Planning 518 Marine knowledge 519 SOME EXTERNAL CHALLENGES FOR THE CFP 519 The effects of climate change 520 Possible increases in fuel prices 522 Possible changes in the world’s fisheries governance. 523 Closing remarks 524 GLOSSARY 526
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