Under the 2002 basic regulation, the Common Fisheries Policy (CFP) must be reviewed by 31 December 2012. The real stakes of this exercise, notes the French EU Presidency, are the complete revamping of this policy, which cannot be done by waving a magic wand. That is why French Fisheries Minister Michel Barnier, who chairs the Council this half-year, has decided to devote the informal session of European fisheries ministers to an analysis of the CFP’s future. The aim is to define guidelines for the coming reform. He has the backing in this initiative of Fisheries Commissioner Joe Borg, who will present as a supporting document an initial analysis by the European Commission (see separate article).

Michel Barnier proposes to devote this working session solely to conservation policy and fleet management, leaving aside other issues such as economic policy, governance, control policy and international relations. This initial discussion will be structured in such a way as to go directly to the heart of the subject and will focus on four areas: arrangements for access to water and resources; Community instruments for management of fishery resources; management of fishing opportunities; and arrangements for fleet management related to safety and energy dependency. For each of these areas, Paris proposes a preliminary analysis and a set of questions intended to launch the debate. ⁽¹⁾

ACCESS ARRANGEMENTS

The CFP lays down the principle of equal access to Community waters beyond the 12-mile zone for all EU vessels, with an exclusive zone between six and 12 miles of a member state’s shore for vessels flying the flag of that state or those of neighbouring countries, based on historic rights. This principle is tempered with restrictions on fishing activity resulting from the conservation measures established under the CFP basic regulation (EC 2371/2002): stock recovery plans, management plans, catch restrictions, fishing effort restrictions and other technical measures.

The first question the Presidency asks is whether rules on access to waters and resources should be renewed or modified, and if so, in what direction.

RESOURCE MANAGEMENT

The scheme for total allowable catches (TACs) and annual quotas lies at the heart of the EU’s conservation policy, matched with other instruments such as a fleet framework (overall limit on the fleet capacity of each member state) and the restriction of fishing effort (in particular through the introduction of recovery plans). TACs, restrictions on fishing effort and poor fleet controls are under fire, accused of failing to result in a satisfactory situation for Community fish resources.

The Presidency consequently raises the following questions:

1. Should objectives for the management of fishery resources be defined more precisely?

2. Should the TACs and quotas scheme remain the keystone of the CFP?

3. How can policy for managing production means be enhanced: strengthening fleet management policy, making effort restriction policy the rule, or combining these two approaches in terms of regional characteristics? Is management of fishing effort on the basis of kW/days preferable to any other method and is it relevant for all fishing techniques?

4. How can the process of establishing fishing opportunities be improved? Should decision making be simplified? Are improvements needed in terms of the adaptability of scientific advice in relation to changes occurring with stocks? Should multiannual plans for managing TACs and quotas become the rule?

MANAGEMENT OF FISHING OPPORTUNITIES

It is now recognised, states the Presidency, that a fisheries policy must also include regulation of access to resources, which brings up the question of quota allocation. The debate is open on the possible solutions, ranging from the current method (allocation by country) to an allocation model based on a market of transferable individual rights, or to approaches that are more collective or based on regulation.

The Presidency therefore asks ministers whether the existing scheme for allocating fishing opportunities to the member states should be maintained or whether a Community market-based scheme for allocating fishing opportunities to enterprises should be introduced. The second question is whether policies for allocating fishing opportunities in the member states should fall under subsidiarity or be governed by specifications defined at Community level.

FLEET MANAGEMENT

Fleet management in terms of capacity and fishing effort management are two major problems of the CFP. Both exercises depend on capacity assessment parameters (installed engine power measured in kW and vessel volume measured in tonnes or ‘London gauge’). Even admitting that there is no such thing as a perfect system and noting that the use of parameters must be simple, easy to measure and indisputable, Paris asks whether improvements to this mechanism are possible.

The question is raised in the following terms: is it possible to establish a system of parameters for measuring fishing capacity other than the ‘London gauge’ and that does away with that system’s perverse effects when applied to fishing vessels (in terms of hydrodynamism and stability, thus safety)? Should the issue of the relevance of engine power as an indicator of the fishing capacity of a vessel using static gear (bottom set pots or nets) be raised?

⁽¹⁾ The document is available (in French only) at www.europolitics.info > Search > 233697