Category Archives: Management of Fisheries Resources and the Environment

The common fisheries policy (CFP) aims to guarantee the sustainability of living aquatic resources and environmental protection. To ensure sustainable fishing, the European Union has drawn up multiannual plans to replenish and manage the stocks, as well as specific measures (total allowable catches, limitation of the fishing effort, the prohibition of certain fishing gear, minimum landing sizes, etc.). Finally, it has adopted regulations to protect species not targeted by fisheries (marine mammals, birds and turtles), juveniles and vulnerable fish stocks and sensitive habitats.

Recovery of cod stocks

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Recovery of cod stocks

Outline of the Community (European Union) legislation about Recovery of cod stocks

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Recovery of cod stocks

Document or Iniciative

Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004 [See amending act(s)].

Summary

The long-term plan for the recovery of cod stocks should ensure the sustainable exploitation of cod resources on the basis of maximum sustainable yield.

Geographical areas

The recovery plan applies to the following geographical areas:

  • the Kattegat;
  • the North Sea, the Skagerrak and the eastern Channel;
  • the west of Scotland;
  • the Irish Sea.

Total allowable catch (TAC)

The Council will determine the TAC each year for the following year, for each of the cod stocks in the areas set out. The TAC is set according to the optimal fishing rate in order to guarantee the maximum sustainable catch. Under the new recovery plan, the TAC will no longer be set according to levels of biomass (quantity of fish in the sea). It will be calculated after subtracting the quantity of discards of cod and the quantity corresponding to other sources of fishing mortality.

Fishing mortality will be reduced from one year to the next, by 25 %, 15 % or 10 % according to the condition of the stocks, until the mortality rate reaches 0.4.

If the Scientific, Technical and Economic Committee for Fisheries (STECF) does not have sufficient information on the condition of stocks, the plan provides for:

  • a reduction in fishing mortality of 25 % where scientific opinion recommends a reduction in catches at the lowest level possible;
  • a reduction in fishing mortality of 15 % in other cases.

Limiting the fishing effort

This Regulation introduces a new management system for the fishing effort which fixes thresholds (expressed in kilowatt-days) per group of vessels or fleet segment *, taking into account the fishing gear and meshes used. The management of these thresholds shall be carried out by Member States. The latter shall take the appropriate measures to guarantee that the effort does not exceed the forecasted limits.

The Regulation includes an innovation. Member States may allow additional fishing effort rates for some vessels that follow best practices in order to reduce their cod catches. This measure will encourage, amongst other things, the use of more selective trawls and compliance with boxes targeting spawning areas. Nevertheless, fishing efforts should not increase.

Member States are authorised to transfer fishing effort and capacity between geographical areas and between effort groups *.

Designated ports

Landings of over two tonnes of cod are authorised only in the designated ports. Member States shall designate these ports and set inspection and surveillance procedures relating thereto, including the conditions for recording and reporting the quantities of cod landed.

Context

This Regulation is based on the opinions of the interested parties, who met on the occasion of the conference on the recovery of cod stocks in March 2007.

The Commission will evaluate the impact of management measures on cod stocks and the fisheries concerned at the latest during the third year of application of this Regulation and then every three years. Where appropriate, the Commission may propose relevant measures to amend the Regulation based on opinions provided by the STECF and having consulted the relevant Regional Advisory Council.

Key terms of the Act
  • Fleet segment: a group of vessels belonging to the same length class (overall length) and having the same main fishing gear throughout the year. Vessels may carry out different fishing activities during the reference period but may only be classed in one fleet segment.
  • Effort group: a management unit of a Member State for which a maximum allowable fishing effort is set. It is defined by a gear grouping and a geographical area.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) 1342/2008

1.1.2009

–

L 348, 24.12.2008
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1224/2009

23.12.2009

–

L 343, 22.12.2009

The successive amendments and corrections to Regulation (EC) No 1342/2008 have been incorporated in to the original text. This consolidated versionis for reference purposes only.

Related Acts

Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters.

Combating illegal, unreported and unregulated fishing

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Combating illegal, unreported and unregulated fishing

Outline of the Community (European Union) legislation about Combating illegal, unreported and unregulated fishing

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Combating illegal, unreported and unregulated fishing

To counteract this very lucrative phenomenon, this Regulation provides for the limitation of access to the European Union (EU) market to only certified fishery products that comply with the rules. Other provisions are to reinforce the surveillance of activities at sea, to identify IUU operators, to enhance the implementation of fisheries legislation and to improve the application of sanctions in the event of infringements.

Document or Iniciative

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.

Summary

This Regulation establishes a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing in Community and international waters. The effectiveness of this system depends on the measures adopted by Member States in line with Community legislation.

Fishing vessels engaged in IUU fishing

A fishing vessel shall be presumed to be engaged in IUU fishing if it:

  • does not hold a valid fishing licence;
  • does not provide or record catch data;
  • fishes in a closed area;
  • fishes unauthorised species;
  • uses prohibited or non-compliant fishing gear;
  • falsifies or conceals its identity;
  • falsifies or conceals evidence relating to an investigation;
  • obstructs the work of inspectors;
  • takes on board, tranships or lands undersized fish;
  • participates in activities with vessels included in the IUU vessel list;
  • carries out fishing activities in an area covered by a Regional Fisheries Management Organisation (RFMO) without complying with the conservation and management measures of that organisation and is flagged to a State not party to that organisation, or not cooperating with that organisation;
  • is a stateless vessel.

Designated ports

Only port facilities designated by Member States of the European Union (EU) are open to vessels from third countries. Transhipments between vessels from third countries and EU vessels are prohibited at sea and shall only take place in designated ports.

Port inspections

The State in whose territory the port is located is responsible for monitoring fishery products imported into the EU. This is in order to attest that the said products are legal and that the vessel complies with the regulations, i.e. it holds the required licences and permits, and complies with fishing quotas.

Catch certificates

The catch certificate guarantees that products imported into the EU do not originate from IUU fishing. These certificates are issued by the flag State. They accompany fishery products throughout the supply chain to facilitate checks.

IUU vessel list and list of non-cooperating third countries

The Commission has established two blacklists. The first includes vessels engaged in IUU fishing and the second the list of States that are lenient towards them. In both cases, the procedures for the establishing of the lists provide for safeguards and appeal arrangements to guarantee the fair treatment of the vessels and States concerned.

Sanctions

Member States shall apply effective, proportionate and dissuasive sanctions against natural or legal persons engaged in IUU activities. A maximum sanction of at least five times the value of the fishery products obtained is provided for with regard to the committing of the said infringement. In the event of a repeated infringement within a five-year period, the Member States shall impose a maximum sanction of at least eight times the value of the fishery products obtained by committing the serious infringement.

Mutual assistance

Combating IUU fishing implies a strengthening of cooperation between the administrative authorities of Member States as well as with the administrative authorities of third countries and the Commission.

The Commission has created the IUU fishing information system to assist administrative authorities in preventing this type of activity, facilitating investigations and prosecuting offenders.

Context

This Regulation represents (with the Communication which accompanies it) one of the first steps towards an integrated maritime policy. It is part of the Community Action Plan against IUU fishing adopted in 2002 and in line with action carried out at international level (FAO, RFMO) intended to prevent, discourage and eradicate illegal, unreported and unregulated fishing.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1005/2008

29.10.2008

–

OJ L 286 of 29.10.2008

AMENDMENTS TO THE ANNEXES

Annex 1 – List of products excluded from the list of fishery products
Regulation (EC) No 1010/2009 [Official Journal L 280 of 27.10.2009];
Regulation (EU) No 86/2010 [Official Journal L 26 of 30.1.2010];
Regulation (EU) No 202/2011 [Official Journal L 57 of 2.3.2011].

Related Acts

Implementing arrangements

Commission Regulation (EC) No 1010/2009 of 22 October 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing [Official Journal L 280 of 27.10.2009].

Authorisation for fishing

Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93, (EC) No 1627/94 and repealing Regulations (EC) No 3317/94 [Official Journal L 286 of 29.10.2008].

Vessels engaged in combating IUU fishing

Commission Regulation (EU) No 468/2010 of 28 May 2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing [Official Journal L 131 of 29.5.2010].

Competent authorities for catch certificates

List of Member States and their competent authorities concerning Articles 15(2), 17(8) and 21(3) of Council Regulation (EC) No 1005/2008[Official Journal C 320 of 24.12.2009].

Designated ports

List of ports in EU Member States where landings and transhipment operations of fishery products are allowed and port services are accessible for third-country fishing vessels, in accordance with Article 5(2) of Council Regulation (EC) No 1005/2008[Official Journal C 320 of 24.12.2009].

Building a sustainable future for aquaculture

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Building a sustainable future for aquaculture

Outline of the Community (European Union) legislation about Building a sustainable future for aquaculture

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Building a sustainable future for aquaculture

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 8 April 2009 – Building a sustainable future for aquaculture – A new impetus for the Strategy for the Sustainable Development of European Aquaculture [COM(2009) 162 final – Not published in the Official Journal].

Summary

Seven years on from the adoption of the strategy for the sustainable development of European aquaculture in 2002, significant progress has been made in ensuring the environmental sustainability and quality of European Union (EU) aquaculture production. However, unlike other regions in the world where high rates of growth have been recorded, the total volume of aquaculture production (mainly fish and shellfish) in the EU overall has stagnated.

In its Communication, the Commission examines the causes of this stagnation and envisages actions which are under the responsibility of public authorities, in order to improve competitiveness, sustainability and governance in the sector.

Barriers to the growth of European aquaculture

The European Union depends more and more on imports of fishery and aquaculture products. Even though European aquaculture benefits from dynamic support in terms of research and technology innovation, advanced equipment and fish feed, qualified and trained entrepreneurs, and operates within a legal framework for environment and health protection, the industry is faced with many challenges. In particular, aquaculture enterprises must have access to the space and water required for production, obtain the associated multiple authorisations, maintain as far as possible the health of fish despite an insufficiency of medicines and vaccines, have access to capital to invest and develop, withstand pressure from imports, etc.

Building the future of the European Union aquaculture industry

It is in the interests of the European Union to better promote this sector and to raise awareness on the part of public authorities and investors. Even if wild stocks of fish recover to Maximum Sustainable Yield levels, the rapidly expanding demand will also have to be met from aquaculture production.

The EU must put in place appropriate measures to ensure that the Community aquaculture industry can take a lead role in the production of aquatic food, technology and innovation, and the setting of standards and certification processes at European and international level. The aim of this Communication is to help bring about the conditions for a successful and sustainable aquaculture industry that can compete successfully in the market.

Public authorities should establish a predictable, consistent and cost-effective legislative framework. In order to be effective, the strategy should be supported by all. Its vision and objectives should be strengthened and relayed by public authorities at national and regional level.

Improving competitiveness, sustainability and governance

In order to increase competitiveness in the sector, it is essential to continue to support research and technological development, to promote spatial planning in coastal zones and take into account the needs of the aquaculture sector as regards the market for fishery and aquaculture products.

To guarantee the sustainable development of aquaculture, the EU must continue to support environment-friendly production methods, but also ensure that aquaculture has access to a high-quality environment particularly in terms of water quality. It must also guarantee animal welfare and health and continue to provide a high level of consumer protection.

It is important to enhance the image of European aquaculture and public authorities should improve aspects related to governance, especially in terms of reducing administrative charges, consulting stakeholders and informing the public.

Aquaculture’s success depends to a great extent on the existence of an environment which is favourable to enterprises in this sector. The Commission therefore proposes to provide Member States and regional authorities with guidance, to ensure that targeted measures taken at local, national and EU level help the sector to fully exploit its assets.

Concerted action at all levels to unlock the potential of the aquaculture sector should offer many advantages. In this regard, the Commission considers that a strong and revitalised aquaculture industry will also benefit related sectors, contribute to the development of rural areas and coastal zones, and could meet the demands of consumers who will have access to high-quality food which is healthy and produced using ecological methods.

Fisheries control system

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Fisheries control system

Outline of the Community (European Union) legislation about Fisheries control system

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Fisheries control system

The control system applies to all fishing activities in Community waters, and to the fishing activities of Community vessels and European Union nationals in Community and non-Community waters. It also applies to the processing and marketing of fishery products, recreational fishing involving sensitive stocks, and aquaculture.

Document or Iniciative

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.

Summary

The restructuring of the Community fisheries control system has modernised the Community system for the control, inspection and execution of common fisheries policy (CFP) measures throughout the marketing chain.Generally, all aspects relating to the control and monitoring of fishing activities have been rendered more effective.

Control and monitoring of fishing activities

Member States are to carry out inspections of activities throughout the production chain for fishery products, in particular landing, processing, transport and marketing. The use of modern inspection technologies such as the Satellite-based Vessel Monitoring System (VMS), electronic logbooks and the electronic notification of catch data has been extended. The collection, processing and analysis of fishing data have been considerably enhanced. A systematic catch weighing system has been introduced. A new system of traceability for fishery products will allow fishery products to be monitored from the vessel to the retailer.

New measures, such as risk analysis largely based on systematic and full cross-checks of all relevant data, aimed at concentrating inspection activities where the risk of illegal behaviour is highest, will strengthen the effectiveness of controls.

Among the other new fields covered by the Regulation is the monitoring of certain criteria of fleet management by Member States, such as fishing capacity and engine power. General standards are established for specific control measures concerning multiannual plans and recovery, restricted fishing areas and discards. The principles of a new system of control observers have been established.

Inspection powers

The Regulation broadens the Commission’s powers of inspection. The Commission can now, under certain conditions, carry out independent inspections without giving prior notice to the Member State concerned.

Sanctions

The Regulation introduces dissuasive sanctions the extent of which is fixed in a harmonised way throughout the European Union (EU) according to the value of the fishery products obtained when a serious offence is committed. The Regulation provides for a system of penalty points for serious offences concerning holders of fishing permits and masters, who will, as a last resort and after several suspensions of the fishing permit, have their permit withdrawn if they have committed a certain number of serious offences. Measures are also laid down against Member States which do not comply with CFP rules and thus endanger fish stocks. These measures include the possibility of suspending or reducing EU financial aid, the closure of fisheries and deduction of quotas.

Cooperation between Member States

The Regulation establishes a system of mutual assistance and systematic information exchange as regards controls between Member States. It also proposes a new approach to managing and communicating data relating to controls through secure national websites with direct remote access for the Commission.

Coordination authority

The Regulation extends the competences of the Community Fisheries Control Agency in order that it may provide more concrete assistance in the uniform implementation of the new control system. When facing a serious risk for the CFP, it may also, if appropriate, set up an emergency unit.

Under the CFP, control and enforcement fall within the exclusive jurisdiction of Member States. The Regulation also reaffirms the distinct roles of the Commission and Member States in order to avoid overlapping and to ensure that the Commission concentrates its efforts on its main activities – controlling and verifying the implementation of CFP rules by Member States. The new Regulation replaces the existing legal framework established in Council Regulation (EEC) No 2847/93.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1224/2009

1.1.2010

–

OJ L 343 of 22.12.2009

RELATED ACTS

Specific control and inspection programme

Commission Decision 2010/210/EU of 6 April 2010 amending Decision 2009/296/EC establishing a specific control and inspection programme related to the recovery of bluefin tuna in the Eastern Atlantic and the Mediterranean [Official Journal L 89 of 9.4.2010].

Destructive fishing practices in the high seas and the protection of ecosystems

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Destructive fishing practices in the high seas and the protection of ecosystems

Outline of the Community (European Union) legislation about Destructive fishing practices in the high seas and the protection of ecosystems

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Destructive fishing practices in the high seas and the protection of ecosystems

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 17 October 2007 on destructive fishing practices in the high seas and the protection of vulnerable deep sea ecosystems [COM(2007) 604 final – not published in the Official Journal].

Summary

The Commission is proposing an ambitious strategy for the protection of fragile ecosystems in the high seas based on the precautionary principle and on prior impact assessment. This also responds to the appeal launched by the United Nations General Assembly (UNGA) in Resolution 61/105 to regulate fisheries in vulnerable deep-sea ecosystems.

Destructive fishing practices in the high seas

The biodiversity and equilibrium of deep-sea marine ecosystems are at threat from human activity. Bottom fishing practices and gears (bottom trawls, dredges, bottom-set gillnets, etc.) may cause irreversible damage to vulnerable marine habitats. Activities such as the production of hydrocarbons, laying of submarine cables or waste dumping, etc. pose other threats.

This finding is based on studies which demonstrated damage to deep coral reefs in the Northeast Atlantic, the West Atlantic and the Tasman Sea.

These activities are also likely to put achievement of the objectives of the 2002 Johannesburg Summit on Sustainable Development at risk.

Action of the European Union

The action of the European Union (EU) is guided by recommendations made in United Nations Resolution 61/105 for the protection of the vulnerable deep-sea marine environment. This resolution, to which the Commission made an active contribution, calls on Regional Fisheries Management Organisations (RFMOs) and States to adopt and implement measures by 31 December 2008, in accordance with the precautionary principle, ecosystem approaches and international law. These measures define a management system for bottom fishing in the high seas which is based on:

  • impact assessment prior to authorisation of fishing activities;
  • identification of vulnerable marine ecosystems through research and data collection;
  • closure of sensitive areas.

This strategy proposes the ways to implement these recommendations and to go further.

The EU must provide impetus on a global scale for protection of vulnerable deep-sea marine ecosystems, in particular by stimulating international debate. It will support creation of a report on the progress made in the fight against destructive fishing practices which will be presented to the United Nations in 2009. In addition, the EU will further assist the Food and Agriculture Organisation (FAO) in compiling and disseminating reliable information on the measures adopted by the Member States. This information will be used as a foundation for technical guidelines for deep sea fisheries. Similarly, collaboration with the Convention on Biological Diversity (CBD) and the Regional Marine Conventions will help identify the marine habitats under threat.

RFMOs already exist in the majority of high-seas areas. Ecosystem protection measures have been adopted in these areas, but they must be complemented by a systematic and preventive approach for managing environmental risks. To achieve a high and effective level of protection against damage related to fishing activities, the RFMOs may apply stricter rules to reinforce the protection.

Before the creation of an RFMO, interim measures may be implemented by the States for the conservation and management of zones affected by bottom fishing. The EU is backing this approach as part of ongoing negotiations on the implementation of a new RFMO in the South Pacific. It is also undertaking to help develop interim measures in the Indian Ocean in preparation for an agreement in 2008 and transpose them into Community legislation. In areas where no RFMO is yet in place, the EU is encouraging the launching of negotiations between the parties interested in establishing these organisations.

In areas of the high seas not regulated by an RFMO, bottom fishing activities by Community vessels should be governed by the regulation accompanying this Communication (see Related Acts). This Regulation, which is scheduled for adoption in 2008, implements the United Nations recommendations in respect of these vessels. It stipulates that Community vessels must obtain a special fishing permit for bottom fishing in these areas, which will only be issued after an impact assessment. This should assess the risk of adverse effects on vulnerable marine ecosystems caused by the fishing in question on the basis of detailed operation plans. It also lays down the requirements relating to monitoring and control, for example the presence of on-board observers, and satellite monitoring (VMS) provisions. In addition, it proposes banning the use of bottom fishing gears at depths greater than 1 000 metres. Vessels authorised to fish should also inform the competent authorities of sites with vulnerable ecosystems which they may discover during their operations so that they can be protected if necessary.

Background

The commitment made in Johannesburg positions the issue of destructive fishing practices in a global context. Fisheries must no longer be considered in isolation, but must be fully integrated into a broader sustainability perspective, including the high seas. This is also the approach taken by the Commission’s current proposals for an integrated maritime policy. The EU is determined to follow the principles established in United Nations Resolution 61/105 on the sustainability of fisheries adopted in December 2006.

Related Acts

Council Regulation (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears [Official Journal L 201 of 30.070.2008].

Community framework relating to scientific data and advice

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Community framework relating to scientific data and advice

Outline of the Community (European Union) legislation about Community framework relating to scientific data and advice

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Community framework relating to scientific data and advice

Document or Iniciative

Council Regulation (EC) No 199/2008 dated 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.

Summary

This Regulation establishes a Community framework for the collection, management and use of data in the fisheries sector and to obtain the necessary scientific advice for the implementation of the Common Fisheries Policy (CFP).

These biological, technical, environmental and socio-economic data relates to fleets and their activities as well as catches and the impact of fishing activities on the marine ecosystem. The data concerns all fishing activities, namely: commercial fisheries, recreational fisheries *, aquaculture activities and industries processing fisheries products.

Framework for the collection, management and use of data

Multi-annual national and Community programmes constitute the framework for the collection, management and use of data. They are adopted for a period of three years.

The Commission, assisted by the Committee for Fisheries and Aquaculture, establishes the Community programmes. On this basis, Member States develop national programmes, consisting of:

  • Multiannual sampling programmes which enable evaluation of the fisheries sector and activities based on biological, ecosystem and socio-economic data. Collection relates to vessels and companies in the sector, at landing locations or by consulting registers and economic data;
  • A data collection programme on board commercial and recreational fishing vessels, if necessary. Observation activities at sea are undertaken on board the vessels by scientists or, for practical or security reasons, by the vessel’s crew for a self-sampling programme;
  • A programme of research surveys at sea in order to measure the impact of fishing on the environment and the abundance and distribution of fisheries resources;
  • A programme for managing and using the data for scientific purposes.

Member States provide protocols and methods for the collection and analysis of data in their national programmes.

Member States cooperate with each other and with third-party countries if they are in the same marine region. For this reason, Member States coordinate their national programmes, particularly by Regional Coordination Meetings organised by the Commission, so as to avoid a duplication of data collection.

The Commission approves the national programmes and monitors their implementation. Both are based on assessments by the Scientific, Technical and Economic Committee for Fisheries (STECF) as regards compliance and scientific and technical execution of national programmes. The Commission also estimates the associated costs. In cases of non-compliance, Member States amend their national programmes when requested by the Commission.

The European Union (EU) contributes 50% of the finance for data collection. A maximum sum of €300 million is earmarked for the period from 2007 to 2013, within the framework of Community financial measures for the implementation of the CFP.

The Commission may suspend or recover financial assistance if the execution of the national programme does not comply with the stipulated rules, such as compliance with deadlines, control of quality, and validation and transmission of data collected. A reduction of aid is also stipulated under certain conditions, but this is proportionate to the degree of non-compliance and must not exceed 25% of the annual cost of the national programme.

Management and use of data within the framework of the CFP

The data collected are stored in secure computerised national databases. These data, whose quality is controlled by Member States, are not only primary data * but also detailed data * and aggregated data * which results from processing the primary data.

Transmission of these data to end-users for scientific analysis is regulated. These data may also be used to support discussions in Regional Advisory Councils within the framework of the CFP for policy development and for scientific publications by researchers. Data-processing methods can be provided.

The deadline for data transmission depends on the type of use, which needs to be specified in the request. In certain cases, Member States can refuse to provide these data. The Commission can examine refusals. If they are not justified, the Member State must provide the data to the end-user within one month. Should they fail to do this, the refusal may constitute a reason for reducing financial assistance. End-users may also have their access to data restricted or prohibited if they do not comply with certain obligations.

The data collected as part of research surveys at sea are transmitted to the international scientific organisations and to scientific committees for the relevant Regional Fisheries Management Organisation (RFMO).

Support for scientific advice

National experts are encouraged to participate in RFMO and international scientific authorities’ meetings, in which the Community participates.

For this purpose, Member States and the Commission work together to improve the reliability of scientific advice and the quality of RFMO programmes and working methods within a context of openness and impartiality.

Background

This Community framework is the result of an extensive consultation with Member States, national scientific institutes responsible for data collection and key end-users, such as the International Council for the Exploration of the Sea (ICES).

It is part of the EU’s integrated maritime policy and replaces the Community framework implemented in 2000 with effect from 1 January 2009.

Key terms in the act
  • Primary data: data associated with vessels, natural or legal persons or individual samples.
  • Detailed data: data based on primary data, in a form which does not permit the identification, either directly or indirectly, of natural or legal persons.
  • Aggregated data: summarised data established from primary or detailed data for specific analytical purposes.
  • Recreational fisheries: non-commercial fishing activities exploiting living aquatic resources for recreation or sport.

References

Act Entry into force Timescale for transposition into Member States Official Journal

Regulation (EC) No 199/2008

12.3.2008

–

OJ L 60, 5.3.2008

Related Acts

Commission Decision 2010/93/EU of 18 December 2009 adopting a multiannual Community programme for the collection, management and use of data in the fisheries sector for the period 2011-2013 [Official Journal L 41 of 16.2.2010].
This Decision establishes a Community programme for the collection, management and use of data in the fisheries sector for a period of three years. The programme contains four modules and defines precision levels and sampling intensities. This Decision will replace Decision 2008/949/EC on 1 January 2011.

Commission Decision 2008/949/EC of 6 November 2008 adopting a multiannual Community programme pursuant to Council Regulation (EC) No 199/2008 establishing 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 [Official Journal L 346 of 23.12.2008].
The multiannual Community programme covers the collection of information with a view to using it to carry out scientific analysis, and the management of this information. The programme contains four modules and defines levels of precision and sampling intensities. The modules are as follows:

  • module of evaluation of the fishing sector;
  • module of evaluation of the economic situation of the aquaculture and processing industry sectors;
  • module of evaluation of the effects of the fishing sector on the marine ecosystem;
  • module for management and use of the data covered by the data collection framework.

Strategy against illegal, unreported and unregulated fishing

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Strategy against illegal, unreported and unregulated fishing

Outline of the Community (European Union) legislation about Strategy against illegal, unreported and unregulated fishing

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Strategy against illegal, unreported and unregulated fishing

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 17 October 2007 on a new strategy for the Community to prevent, deter and eliminate Illegal, Unreported and Unregulated fishing [COM(2007) 601 final – not published in the Official Journal].

Summary

The European Union (EU) is proposing a comprehensive strategy to combat illegal, unreported and unregulated (IUU) fishing in Community and international waters. Such fishing practices threaten the Common Fisheries Policy (CFP) and damage the sustainability of fish stocks, marine biodiversity, fragile ecosystems, law-abiding fishermen and the coastal populations affected. This international scourge has environmental, economic and social consequences.

The EU plays a crucial role, as it is one of the key players on the fisheries market in terms of both production and consumption. The quantity of illegal products imported into the EU each year is estimated at 500 000 tonnes worth 1.1 billion.

The scope of the combat against IUU fishing covers:

  • infringements to rules on management and conservation of fisheries resources in national and international waters;
  • fishing activities in high-seas areas covered by a Regional Fisheries Management Organisation (RFMO) carried out by vessels which contravene the rules of the organisation. These are vessels without nationality or registered in a country not party to the RFMO;
  • fishing activities carried out in high-seas areas not covered by an RFMO in a manner inconsistent with state responsibilities for the conservation of resources under international law.

The EU must fight against certain factors supporting the perpetuation of IUU fishing, namely:

  • profitability. Due to low operating costs and the substantial resultant profits. It is also explained by the overcapacity of certain fishing fleets compared to the fishing possibilities available;
  • national and international loopholes of which illegal operators can take advantage. These loopholes involve flag registration, cooperation between States and international bodies, and monitoring, control and surveillance systems.

Community action

Although some progress has been made under the 2002 action plan, IUU fishing is far from eradicated. Through this strategy, the Commission is supporting the preparation of international rules and setting up of RFMOs responsible for implementing them. It intends to continue the monitoring, control and surveillance of activities at sea as well as identification of IUU operators. Better application of these rules and of deterrent sanctions for infringements is also required.

This comprehensive strategy encompasses all fishing and related activities linked to IUU practices (harvesting, transshipment, processing, landing, trade, etc.). It targets the whole supply chain and provides an answer to the problems caused by these activities at Community level as well as regionally and internationally.

Action against IUU fishing must fully integrate the trade dimension. In this respect, the Commission anticipates closing the doors of Europe to illegal products through the launch of a regime of control by the port State, under which fish or fisheries products must be certified by the flag State before landing or import into the EU.

To address the issue of “flags of non-compliance”, the EU could act unilaterally to offset the inadequacy of multilateral action. A Community list of vessels responsible for IUU fishing and the Member States hosting them could be drawn up.

The Commission intends to improve compliance with international and Community laws by EU vessels and operators. It is planning to encourage Member States and EU nationals to ensure proper implementation of the CFP and to improve control and enforcement measures. Deterrent sanctions for IUU activities in Community waters and for EU operators responsible for this type of fishing anywhere in the world are necessary.

Better cooperation will enable investigation of IUU activities. A high degree of coordination and regular exchange of information should be guaranteed with the support of the Community Fisheries Control Agency. At international level, the EU must contribute to the efforts, in particular of the Food and Agriculture Organisation (FAO), to set up a global register of fishing vessels and an international network dedicated to monitoring, control and surveillance. At Community level, the EU must improve coordination between Member States’ control authorities.

The EU must intensify the fight against fishing in the high seas within the framework of regional, bilateral and multilateral relations. The EU strategy to prevent, deter and eliminate IUU fishing depends on various parties:

  • the RFMOs. The measures adopted by the RFMOs must be reinforced along with coordination between these organisations;
  • coastal developing countries. To improve the management and monitoring of fishing activities, Community financial support to these countries must be intensified. The impact of the IUU regulation on developing countries and accompanying measures must be assessed;
  • the International Labour Organisation (ILO). International conventions relating to work in the fisheries sector or the safety of fishing vessels must be signed by more States. It would also be appropriate to study the possibility of transposing this legislation into Community law.

Background

This Communication is part of a broad international consensus expressed in the decisions of the FAO, the United Nations General Assembly and the Organisation for Economic Cooperation and Development (OECD) on the need to adopt a global approach to eradicate IUU fishing. It follows on from the 2002 Commission action plan and the Resolution of the European Parliament of 15 February 2007. It is, along with the proposal for a Regulation which should be adopted during 2008, one of the first steps towards an integrated maritime policy for the EU for sustainable use of the seas.

Related Acts

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 [OJ L 286, 29.10.2008].

Deep-sea fish stocks

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Deep-sea fish stocks

Outline of the Community (European Union) legislation about Deep-sea fish stocks

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Deep-sea fish stocks

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 29 January 2007 entitled: “Review of the management of deep-sea fish stocks” [COM(2007) 30 final – Not published in the Official Journal].

Summary

Deep-sea fish stocks consist of species that live at depths of greater than 400 metres. These resources are particularly vulnerable to over-fishing. They are slow-growing and generally of low fecundity.

Fisheries targeting deep-water species have developed recently. These fisheries are characterised by the mixture of species and there is a lack of reliable scientific data to ensure sustainable exploitation of the deep-water resources.

Measures have been adopted, such as the limitation of fishing effort or total allowable catches. However, they are insufficient, as most deep-water species are still fished beyond tolerable biological limits.

Total allowable catches (TACs)

The regulations concerning deep-sea fisheries are relatively recent. The first TACs were introduced in 2002 for the period 2003-2004.

The TACs set were rather arbitrary on account of the lack of knowledge about the species concerned. They should have been established at much lower levels to guarantee the sustainability of the stocks. In accordance with the precautionary principle which prevails in the case of a threat to the balance of ecosystems, certain deep-sea fisheries should have been closed.

Declared catches are lower than the TACs, which shows that the latter were not sufficiently restrictive. This finding led to the Commission proposing a 30 % reduction in fishing opportunities compared to the 2003 levels. However, the Council of Ministers preferred to opt for more modest reductions of a maximum of 15 % of the existing TACs.

On account of the mixture of species in the fisheries, the lack of information on catch composition, discards and the geographical distribution of the stocks, TACs were set for only forty-eight deep-sea species, which are listed in Annexes I and II to Regulation (EC) No 2347/2002.

Despite the difficulties, it appears that the TACs have enabled a reduction in the fishing mortality of the main targeted species. Complementary measures must be adopted, such as restriction of fishing effort.

Fishing effort

One of the complementary measures consisted in reducing the fishing effort of vessels with licences by 10 % in 2005 and a further 10 % in 2006, compared to the 2003 levels. However, this capacity ceiling failed to limit the expansion of deep-sea fisheries, since certain deep-sea stocks, such as ling, tusk and argentines, are taken as by-catches.

Because they are set at far too high a level, the capacity limits of the fishing vessels do not allow restrictions in the number of vessels targeting deep-sea species. This is attributable to the calculation method applied, which is defined in Article 4 of Regulation (EC) No 2347/2002. This calculation takes account of the total capacity of all the vessels that caught at least 10 tonnes of deep-water species in any one of the years 1998, 1999 or 2000, rather than an average over that period.

This shortcoming has also meant that the reductions in fishing effort have been ineffective. The effort reductions do not in fact result in practice in a reduction of the exploitation rate of deep-water stocks. Conversely, they may unnecessarily restrict the fishing effort of some other fisheries, such as the blue whiting.

Better information is needed on the various fisheries exploiting deep-sea species so that fishing effort levels can be adjusted in each of them individually according to the target species and by-catch species. The issuing of fishing permits should take greater account of the track record of each vessel.

The Commission is not fully in the picture as far as the impact of the respective fishing gear is concerned, as some Member States have not forwarded their reports on fishing effort to it.

Scientific sampling programmes

Sampling programmes were carried out to remedy the lack of scientific information on deep-water stocks. However, the current legislation does not provide sufficient guidance on how to proceed. The sampling schemes drawn up by the Member States differ in quality and content, which makes them difficult to use. A reporting format should be drawn up to facilitate the aggregation of the data received or improve their quality.

Monitoring and control

Closed areas can be introduced for certain species, such as the orange roughy. Vessels with deep-sea fishing licences entering such areas must observe certain rules. During transit in the area in question, they must maintain an average speed of at least eight knots and all gears carried on board must be lashed and stowed.

The supervisory authorities of the Member States should make more use of the satellite-based vessel monitoring system (VMS). This system would enable them to warn inspectors of suspect activities in the areas concerned and to intercept the vessels on entering port. Fisheries monitoring centres should be set up in each Member State to inspect the vessels in transit or fishing in the closed areas.

Too many vessels hold a deep-sea fishing licence when their catches of deep-sea species are only marginal. This situation limits the effectiveness of deep-sea effort limitations and may lead to control problems for non-deep-sea stocks. Vessels with such licences can legitimately fish in areas where a Member State has deep-sea quotas, without necessarily targeting this type of stocks.

Member States are required to notify the Commission of the inspection and surveillance procedures they apply in the ports designated for landings of deep-sea species.

RELATED ACTS

Council Regulation (EU) No 1225/2010 of 13 December 2010 fixing for 2011 and 2012 the fishing opportunities for EU vessels for fish stocks of certain deep-sea fish species [Official Journal L 336 of 21.12.2010].

Protection of vulnerable marine ecosystems in the high seas from bottom fishing

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Protection of vulnerable marine ecosystems in the high seas from bottom fishing

Outline of the Community (European Union) legislation about Protection of vulnerable marine ecosystems in the high seas from bottom fishing

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Protection of vulnerable marine ecosystems in the high seas from bottom fishing

Document or Iniciative

Council Regulation (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears.

Summary

The scope of this Regulation applies to Community fishing vessels using bottom fishing gears * for their activities on the high seas. Vessels which operate in an area regulated by a Regional fisheries management organisation (RFMO) are not subject to this Regulation. It does apply to vessels which carry out activities in an area where an RFMO is in the stages of development and intermediate measures for the protection of the marine environment have been adopted.

To be able to carry out activities with bottom fishing gears in the high seas, Community vessels must obtain a special fishing permit. Applications for special fishing permits must be accompanied by a detailed fishing plan specifying:

  • the area of activity;
  • the targeted species;
  • the type and conditions of use of the gears deployed;
  • a map of the seabed where the fishing activities will be carried out, if necessary.

The permit is issued by the Flag State after they have carried out an impact assessment. This study is based on scientific and technical data relating to the location of vulnerable marine ecosystems * in the area of activity detailed in the fishing plan. It must demonstrate that the fishing activities will not have a significant adverse impact * on the ecosystems in question.

Any changes to the fishing plan must be notified to the competent authority who will examine whether the changes are likely to threaten areas where vulnerable marine ecosystems occur or are likely to occur. The competent authority in the Flag State shall withdraw the special fishing permit if a vessel does not comply with the specified fishing plan.

The principle of precaution applies when the competent authority does not have reliable scientific information on a given area at its disposal. In this case, the use of bottom gears is forbidden. Bottom fishing activities are only authorised when they present no risk of damaging vulnerable marine ecosystems.

When a vessel has an unforeseen encounter with a vulnerable marine ecosystem it must leave the site and refrain from fishing activities in the area. They are only authorised to resume fishing activities in an area foreseen in their fishing plan located a minimum distance of five nautical miles from the site of the encounter. With as little delay as possible, the vessel must inform the competent authorities of their encounter, providing important details such as the nature, location, time, etc. of the encounter.

Member States shall proceed with area closures to fishing with bottom gears when the scientific information confirms the occurrence or likelihood of occurrence of vulnerable marine ecosystems in the area open to fishing. Member States must inform the Commission of any closures. The Commission is then responsible for circulating the notification to all Member States.

In the event of failure of the satellite vessel monitoring system (VMS) fitted on-board a fishing vessel, the master of the vessel must report its geographical location to the Fisheries Monitoring Centre (FMC) in the Flag State every two hours. The vessel is only authorised to return to sea once the competent authority has confirmed that the VMS is functioning perfectly again.

Observers shall monitor the activities of vessels granted a special fishing permit throughout the execution of the fishing plan. During the observation period, the observers must compile information on the catch, changes to the fishing plan, encounters with vulnerable ecosystems, as well as record the depth at which gear is deployed. Observers shall submit a report to the competent authorities in the Member State concerned within twenty days following the end of their mission. A copy of the report shall then be sent to the Commission.

Context

This Regulation forms part of the common fisheries policy and the Union’s environment policy in that it establishes rules which will enable the prevention and cessation of adverse impacts of certain fishing practices on the marine environment.

The Regulation implements the recommendations formulated by the General Assembly of the United Nations (Resolution 61/105 of 8 December 2006) regarding the adoption of measures to eliminate destructive fishing practices.

Key terms of the act
  • Bottom gears: gears deployed in the normal course of fishing operations in contact with the seabed, including bottom trawls, dredges, bottom-set gill nets, bottom-set longlines, pots and traps.
  • Marine ecosystem: a dynamic complex of plant, animal and microorganism communities and their nonliving environment interacting as a functional unit.
  • Vulnerable marine ecosystem: any marine ecosystem whose integrity is threatened by significant adverse impacts resulting from physical contact with bottom gears in the normal course of fishing operations, including, inter alia, reefs, seamounts, hydrothermal vents, cold water corals or cold water sponge beds. The most vulnerable ecosystems are those that are easily disturbed and in addition are very slow to recover, or may never recover.
  • Significant adverse impacts: impacts which compromise ecosystem integrity in a manner that impairs the ability of affected populations to replace themselves and that degrades the long-term natural productivity of habitats, or causes on more than a temporary basis significant loss of species richness, habitat or community types.

References

Act Entry into force Deadline for transposition into the Member States Official Journal

Regulation (EC) No 734/2008

31.7.2008

–

OJ L 201 of 30.7.2008

Protecting cetaceans against incidental catch

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Protecting cetaceans against incidental catch

Outline of the Community (European Union) legislation about Protecting cetaceans against incidental catch

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Protecting cetaceans against incidental catch

Document or Iniciative

Council Regulation (EC) No 812/2004 of 26 April 2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98 [See amending act(s)].

Summary

This Regulation pursues a double objective. Firstly, it introduces technical measures concerning gill nets and trawls in specified areas (see Annex 1). Secondly, it creates a monitoring system on board fishing vessels to obtain information on by-catches of cetaceans in “at risk” fisheries (see Annex III).

Restrictions on the use of nets in the Baltic Sea

The prohibition of drift nets * is a necessary conservation measure, in compliance with Community law on fishery and the environment and existing international requirements. However, contrary to measures taken in Community waters, fishing with nets in the Baltic Sea was not banned in 2002, but in 2008, after a 3-year period of ongoing adaptation and the provision of financial support to help fishermen to change their fishing gear.

The incidental catch of harbour porpoises in fishing gear, particularly in drift nets, was identified as one of the main factors responsible for the decline in the porpoise population in the Baltic Sea in the last century. In the past, harbour porpoises were found in the whole of the Baltic Sea. Today, they are only found in the western part of the Baltic Sea. They are considered to be an endangered species and are listed in the Annex to the “Habitats” Directive. Recent studies have not shown any sign of recovery in the last ten years.

The use of acoustic deterrent devices

Various acoustic deterrent devices have been developed to keep cetaceans away from fishing gear and these have helped reduce incidental catches of cetaceans in certain fisheries using fixed gear.

This Regulation makes the use of these devices obligatory for all vessels of 12 metres or longer fishing in the zones, during the periods and using the gear listed in Annex I.

The Member States are obliged to monitor and assess, by means of scientific studies or pilot projects, the effect of using these deterrent devices on the number of cetaceans caught incidentally.

The devices used must comply with a series of technical specifications and conditions of use set out in Annex II to the Regulation.

Monitoring schemes for incidental catches

Member States design and implement monitoring schemes for incidental catches of cetaceans by vessels flying their flag. The aim is to obtain representative data on the fisheries concerned. For this purpose, vessels are divided into two categories:

  • for those with an overall length of 15 m or over, monitoring is carried out by on-board observers;
  • for vessels with an overall length of less than 15 m, data are collected by means of studies or pilot projects.

Observers must have appropriate experience and qualifications. Their task is to monitor the fishing operations of the vessels concerned, including incidental catches of cetaceans, and record data on fishing effort. They then send a report containing the results of the monitoring operation and a summary of the main findings to the competent authorities of the flag Member State.

Annual reports

The Member States must send the Commission a comprehensive annual report on the application of the measures concerning the use of acoustic devices and the monitoring of incidental catches, with estimates of the overall incidental catches of cetaceans in each of the fisheries concerned. The reports must also include an assessment of the conclusions set out in the reports filed by the observers and any other information that might be of use in reducing incidental catches of cetaceans in fisheries.

Key terms used in the act
  • Driftnet fishing: any floating gillnet which drifts in accordance with the current or the vessel to which it may be attached. It is maintained at water level or at a certain level below this by using floating devices. It may be equipped with devices to stabilise the net or limit the extent of its drift.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 812/2004

1.7.2004

–

OJ L 150 of 30.4.2004
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 809/2007

19.7.2007

–

OJ L 182 of 12.7.2007

Successive amendments and corrections to Regulation (EC) No 812/2004 have been incorporated in the original text. This consolidated versionis of documentary value only.

Related Acts

Implementing the legislation

Communication from the Commission to the European Parliament and the Council – Cetacean incidental catches in Fisheries : report on the implementation of certain provisions of Council Regulation (EC) No 812/2004 and on a scientific assessment of the effects of using in particular gillnets, trammel nets and entangling nets on cetaceans in the Baltic Sea as requested through Council Regulation (EC) No 2187/2005 [COM(2009) 368 final – Not published in the Official Journal].
To reduce the incidence of fishing activities on cetacean populations in Community waters, the Commission requires Member States to take all the measures necessary to improve the implementation of Regulation (EC) No 812/2004. The Commission also highlights the requirements of the “Habitats” Directive on Member States. It, therefore, invites them to monitor the incidental catch and slaughter of all whales and all cetaceans, and to ensure that these incidental catches and this slaughter do not have a significantly negative impact on the population of the species concerned.
The Commission plans to look at the possibility of developing new measures to strengthen the protection of cetaceans. It aims specifically to:

  • extend Regulation (EC) No 812/2004 to the Black Sea;
  • resolve problems regarding monitoring programmes, gear and areas by using the flexibility offered by Regulation (EC) No 812/2004;
  • integrate more systematically observations on incidental catches of cetaceans in national monitoring programmes;
  • encourage debate with industry through the Regional Advisory Councils (RACs);
  • define measurable objectives laying down the maximum levels of incidental catches for different cetacean species.

Data management in the fisheries sector

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 [Official Journal L 60 of 5.3.2008].
The new data collection system covers the whole process, from the collection at ports and at sea to the use of data by the end users. It includes new provisions for data access and its use, as well as rules aimed at protecting the interests of data producers. The new framework not only supports the move towards an eco-system approach and fleet and fisheries-based management. It also places great importance on social and economic data which will form the basis of impact assessments with regard to introducing new legislative provisions and will enable performance monitoring of European fleets to be carried out. The Regulation concerns the collection of data by scientists for scientific means, without any link to the systems which monitor the use of quotas in the Member States under the framework of the implementation of the Common Fisheries Policy (CFP).