4.2.1.     Blue Europe: principles and instruments

LEGAL BASIS

Articles 32 to 37 (38 to 43) of the EC Treaty.

OBJECTIVES

The Treaty of Rome made provision for a common fisheries policy: Article 33(1) (39(1)) sets out the objectives for the Common Agricultural Policy (CAP), which are shared by the Common Fisheries Policy (CFP) because Article 32(38) defines agricultural products as 'the products of the soil, of stock-farming and of fisheries and products of first-stage processing directly related to these products'. These objectives are: to increase productivity, stabilise markets and ensure availability of supplies at reasonable prices for the consumer. These initial objectives have been defined in the new Council Regulation 3760/92 (* 4.2.2.).

ACHIEVEMENTS

1. Background

The Common Fisheries Policy (CFP) originally formed part of the Common Agricultural Policy (CAP), but it gradually developed a separate identity as the Community evolved, with the entry of countries with substantial fleets and fish stocks, and in order to tackle specific fisheries problems, such as conservation of stocks and international relations after the economic exclusion zones (EEZs) were introduced.

It was, however, not until 1970 that the Council adopted legislation to establish a common organisation of the market (COM) for fisheries products and put in place a Community structural policy for fisheries.

Shortly after these measures were introduced, fisheries played a significant role in the negotiations leading to the United Kingdom, Ireland and Denmark joining the EC in 1972. This resulted in a move away from the fundamental principle, enshrined in the Treaty of Rome, of freedom of access to the sea; exclusive coastal fishing rights up to 12 miles were established and have been upheld ever since.

In 1983 after several years of negotiations, the Council adopted Regulation 170/83, establishing the new generation CFP. This regulation enshrined commitment to EEZs, formulated the concept of relative stability and provided for conservatory management measures based on total allowable catches (TACs) and quotas (*4.2.2.). 'Blue Europe' had finally become a fully-fledged policy. After 1983 the CFP also had to adapt to the withdrawal of Greenland from the Community in 1985, the accession of Spain and Portugal in 1986 and the reunification of Germany in 1990. These three events have had an impact on the size and structure of the Community fleet and its catch potential.

The review laid down in the 1983 regulation led to its replacement on 20 December 1992 by Regulation 3760/92, which determines fisheries policy until 2002. This new regulation maintains the general direction of the previous policy while attempting to tackle the serious imbalance between fleet capacity and catch potential. The remedy it advocates is to reduce the Community fleet and alleviate the social impact with structural measures. A new concept of 'fishing effort' has been introduced, with a view to restoring and maintaining the balance between available accessible resources and fishing activities. Access to resources should be regulated more effectively by the gradual introduction of fishing licences in order to reduce surplus capacity.

Agenda 2000 has introduced new guidelines to change structural policy for fisheries, aiming to clarify the political priorities and the context in which the Financial Instrument of Fisheries Guidance (FIFG) can be used, for the period 2000-2006, in order to improve the chances of a sustainable balance between fish stocks and their exploitation, make fisheries structures more competitive, develop viable enterprises, add value to fisheries and aquaculture products and revitalise areas which depend on these industries.

2. Instruments

To take account of the biological, social and economic aspects of fisheries, the CFP has five main instruments (or aspects).

a. The policy on conservation and management of resources, the CFP's cornerstone (Basic Regulation 3760/92)^[1]

• The resource management policy is based on setting annual TACs by species and fishing area, on the basis of scientific advice, and on quotas which allocate the TACs between the Member States.
• The fish stocks conservation policy in Community waters (Regulation (EC) 850/98) is based on technical measures to protect marine biological resources and exploit fisheries resources in a balanced way to the benefit of both fishers and consumers. The main reason for imposing these measures is to reduce catches of juveniles to ensure that stocks are renewed.

b. The structural policy for fisheries (Basic Regulation 3699/93^[2], amended by Regulation 2719/95) This aims to adapt fleet capacity to the available fish stocks and help to modernise fishing vessels and the whole fisheries sector. Agenda 2000 has introduced new guidelines to modify the structural policy for fisheries, including such measures as bringing the structural problems of fisheries-dependent areas into the new Objective 2 of the Structural Funds (Regulation (EC) 1260/1999) and not renewing the PESCA initiative. Council Regulation (EC) 1263/1999 of 21 June 1999 sets the new FIFG operating framework for the period 2000-2006.

c. Common organisation of the markets

In the fisheries products and aquaculture sector, common organisation of the markets has been an integral part of the CFP since 1970 (basic regulation 3759/92 ^[3]). The Commission has proposed to the Council a new regulation on the common organisation of markets in the fisheries products and aquaculture sector (COM(99)55 final - 99/0047) to enable the COM to contribute to responsible management of stocks. This new regulation is intended to replace Council Regulation 3759/92 which is currently in force, and incorporate the provisions of Regulations (EEC) 105/76 and 1772/86. One of the main objectives of the COM reform is a better balance between market supply and demand while avoiding the destruction and waste of a limited natural resource. With regard to tariffs the Commission's proposed measures will improve the international competitiveness of the processing industry and ensure reliable supplies of its raw material (the EU is one of the principal world markets for fish products and imports about 60% of what it consumes).

d. International relations with regard to fisheries

This is the most active area of the CFP and has gradually gained in importance as internal resources have diminished. It has two main features:

• the conclusion of fishing agreements following the establishment of EEZs or the exclusive fishing areas which many non-member States have proclaimed;
• participation by the EU as a member or observer in various international conventions aiming to ensure rational exploitation of stocks outside EEZs, i.e. on the high seas.

e. Monitoring and inspection policy (old basic regulation 2241/87; new basic regulation 3946/92 ^[4]) This aims to ensure compliance with the legislation on fisheries. As part of its efforts to safeguard sustainable fisheries, the EU has now reinforced its monitoring system with a new regulation (EC 2846/98) which came into force on 1 July 1999.

3. Dialogue with sector representatives

Various committees made up of Member States' and fisheries representatives and scientific experts have been set up to help implement the CFP and advise on proposed legislation. These committees are of two types:

• the 'compulsory' committees, or management committees made up of Member States' representatives who give opinions on the Commission's legislative proposals, and
• the advisory, or 'non-compulsory' committees which the Commission may consult. Thus, an Advisory Committee on Fisheries and Aquaculture, set up in 1971, enabled the Commission to reach agreement with representatives of all the branches of the fisheries industry and consumer organisations. However, in order to improve the dialogue with the industry and other groups affected by the CFP, the Commission has proposed reforming this committee (COM(99)382, 22 July 1999).

ROLE OF THE EUROPEAN PARLIAMENT

1. Competence

Parliament's assent is required before the EU can join international conventions or conclude agreements having significant financial implications. Parliament has only a consultative role as far as fisheries legislation is concerned, but this consultation is obligatory in some cases.

2. Action

The Commission communications on various aspects of the CFP have given Parliament the opportunity to express opinions which go beyond the dictates of the economic situation, and develop its own model for the CFP. Thus, it has drawn up several reports on such subjects as monitoring the CFP (A4-19/98), multiannual guidance programmes (MGPs) (A4-46/98), the future of fisheries products (A4-204/98) and developments in monitoring fisheries (A4-0277/98).

During the last legislature Parliament also adopted own-initiative reports on international fisheries agreements (A4-149/97), the fish product canning industry (A4-137/98), industrial fisheries (A4-201) and the CFP after 2002 (A4-298/97), thus marking out the main features of the CFP of the future.

[1] Consultation procedure: CSA4222

[2] Consultation procedure: CSA3543

[3] Consultation procedure: CSA1972

[4] Consultation procedure: CSA4332

30/09/2000