Select Committee on European Scrutiny Seventh Report


SEVENTH REPORT


The European Scrutiny Committee has agreed to the following Report:—

1. FISHERIES: CATCHES, QUOTAS AND EFFORT LIMITATION 2003

(a)

(23079)

15245/01

COM(01) 724



Draft Council Regulation establishing measures for the recovery of cod and hake stocks.

(b)

(24091)

15246/02

COM(02) 727



Draft Council Regulation fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required.


Legal base:Article 37 EC; qualified majority voting
Document originated:(b) 11 December 2002
Deposited in Parliament:(b) 16 December 2002
Department:Environment, Food and Rural Affairs
Basis of consideration:EM of 10 January 2003
Previous Committee Report:(a) HC 152-xxii (2001-02), paragraph 13 (20 March 2002), HC 152-xxxvii (2001-02), paragraph 2 (17 July 2002) and HC 63-v (2002-03), paragraph 3 (18 December 2002)
Agreed in Council:20 December 2002
Committee's assessment:Politically important
Committee's decision:(Both) For debate on the Floor of the House



Background

  1.1  Each year, the Fisheries Council agrees the Total Allowable Catches (TACs) for particular fish stocks in the following calendar year, based on advice from the Advisory Committee on Fisheries Management (ACFM) of the International Council for the Exploration of the Sea (ICES), and of the Commission's Scientific and Technical Committee for Fisheries. In those cases where particular fisheries are jointly managed with third countries, the Council agrees the Community share following negotiations with the countries concerned; and, once the relevant TACs for the Community as a whole have been decided or negotiated, the Fisheries Council allocates the catch between Member States in the form of national quotas according to a predetermined key. At the same time, the conditions under which the quotas may be fished are specified.

The current proposal

  1.2  These annual proposals habitually present scrutiny difficulties, in that official texts are very often unavailable, requiring us to rely substantially on the Explanatory Memorandum provided by the Government. On this occasion, however, these usual difficulties were compounded by the fact that the lateness of the Commission's proposals (document (b)) made it impossible for the Government to supply an Explanatory Memorandum prior to their adoption by the Council on 20 December 2002 as Regulation 2341/2002.[1] As a result, we have only now received an Explanatory Memorandum, dated 10 January 2003, from the Parliamentary Under-Secretary of State (Commons) at the Department for Environment, Food and Rural Affairs (Mr Elliot Morley).

  1.3  This deals with the agreements reached on:

  • TACs and national quota allocations for fish stocks in Community waters;

  • quotas for Community vessels in Third Country waters, and in international waters regulated by regional fisheries organisations.

In doing so, it also covers the decisions reached on the recovery measures proposed by the Commission in December 2001 (document (a)) to address the particular problems facing the cod and hake stocks in the North Sea and West of Scotland.

  1.4  As before, these allocations form the corner-stone of the opportunities available to Community fishermen in the coming 12 months, and the table in Annex I below shows, for the major stocks of interest to the UK in the North Sea, West of Scotland, Channel and Irish Sea fisheries, the proposed TACs for 2003, together with the corresponding ICES recommendations. It also sets out, by way of comparison, the figures agreed for 2000, 2001 and 2002, and the percentage changes that would arise as between 2002 and 2003.

  1.5  The Minister says that the Council started by examining a Commission proposal whose central element was severe cuts, equating to an 80% reduction in fishing mortality, in the TACs for the cod stocks for which the scientists recommended a fishing moratorium, together with the species (haddock and whiting) most closely associated with them. Substantial TAC cuts were also recommended for other associated species.

  1.6  The Minister points out that higher TACs than those proposed by the Commission were adopted by the Council alongside an emergency recovery measure for cod, based on a much simplified approach which the Commission brought forward in the course of the Council. He then goes on to describe the recovery measure, which will control effort from 1 February 2003 by limiting the days which may be spent at sea by vessels over 10 metres in length which catch cod in the North Sea, West of Scotland, and the Skaggerak and Kattegat. Different limitations (expressed as numbers of days absent from port per calendar month) are set according to the type of gear carried. As a consequence, some vessels (such as pelagic trawlers) fall outside the scheme altogether, whilst nephrops vessels will be allowed 25 days per month. He points out that the number of days to be allowed for whitefish demersal trawlers was absolutely critical for the UK, given the unacceptable and devastating effect which the Commission's opening suggestion of seven days per calendar month would have had on the UK's industry. He says that the eventual outcome was that the UK secured a commitment that, under the terms of the various conditions attached to the limitations in the Community measure, UK whitefish trawlers would be allowed a total of 15 days absent from port per month.

  1.7  The Minister adds that the measure allows for some flexibility to move days between months and between vessels, and that the operational details for these new arrangements will be worked up urgently, in close consultation with the industry. He says that the Council and the Commission envisage that, with this emergency measure in place, a more sophisticated regime will be developed for implementation from 1 July 2003, based on proposals to be brought forward by the Commission by 15 February, and agreed by the Council by the end of March.

  1.8  The Minister says that, on this basis, the Council set TACs and quotas for 2003 which broadly maintain 2002 levels for pelagic stocks and nephrops, but significantly reduce those for key whitefish species such as cod, haddock, whiting and anglerfish. He notes that reductions of the order of 50% in the TACs for these latter species in the North Sea and West of Scotland represents a considerable gain in fishing opportunities compared with the Commission's original proposals, whilst significantly enhancing the prospects for the recovery of these stocks in the long term. The closure to sandeel fishing of the area off the north-east British coast, as applied for the last three years, is renewed for 2003. For Irish Sea stocks, it was agreed that the 2002 cod recovery arrangements, which include a springtime closure of part of the Irish Sea, should continue for 2003 with reduced TACs for such stocks as cod, haddock and whiting.

— UK quotas in Third Country and international waters

  1.9  The Community has a large number of fisheries agreements with Third Countries, and, in many such cases, the UK has little or no direct interest. However, four agreements — those with Norway, the Faroe Islands, Greenland, and Iceland — do provide catching opportunities for UK fishermen, and the UK also has quotas in waters regulated by the North East Atlantic Fisheries Commission (NEAFC) and the North West Atlantic Fisheries Organisation (NAFO).

  1.10  These quotas, which are important for the UK distant water fleet, are summarised in the table at Annex II. There is no change in quotas in Icelandic waters; fishing opportunities for redfish and ling/blue ling in Faroese waters were cut by 10%; and the outcome of the Community's negotiations with Norway reflected the cuts in whitefish quotas in the North Sea agreed as part of the overall TACs and quotas package, although the TAC for saithe was increased from 135,000 to 165,000 tonnes. There was also a small increase in the haddock and saithe fishing opportunities for the Community at north Norway.

— Third Country quotas in Community waters

  1.11  Access is provided for Norwegian and Faroese vessels to certain quotas in the Community zone of the North Sea and in Western waters and for Faroese, Icelandic and Norwegian vessels to quotas held by the Community in Greenland waters. These opportunities are provided as part of a balanced exchange of quotas between the Community and the countries concerned, and the relevant quotas for 2003, as compared with 2002, are set out in the table at Annex III.

— Other species

  1.12  As part of the Commission's obligations as a contracting party to the International Commission for the Conservation of Atlantic Tunas (ICCAT), rollover quotas have been set for bluefin tuna, albacore tuna and swordfish, and, although the UK does not have a directed fishery for bluefin tuna or swordfish, it takes limited quantities in other Atlantic fisheries and thus benefits from small amounts of unallocated quota enabling it to continue to land by-catches. The UK does however have a very small amount of the quota for albacore tuna.

Conclusions

  1.13  Although we recognise that the situation faced has arisen for reasons outside the Government's control, it is nevertheless quite unacceptable that the Commission's proposals should have been deposited in the House only at the start of the Council meeting in which decisions were to be taken, and that we are only now - nearly four weeks later - able to consider them on the basis of an Explanatory Memorandum.

  1.14  As we have noted previously in connection with the recovery plans for cod and hake, this makes meaningful parliamentary scrutiny well nigh impossible, and is all the more regrettable in view of the severe nature of the cuts imposed on many whitefish stocks and of the additional effort restrictions agreed on cod. As it is, we can at this stage do little more than recommend that the two sets of proposals should be debated on the Floor of the House, in order to give Members the opportunity to question the Government on the implications of the measures which have been taken. Indeed, we understand that the proposals on TACs (but not the recovery plan for cod) form part of a motion on fisheries which is before the House on 16 January.

  ANNEX I

COMPARATIVE TABLES OF TACs: 2000, 2001, 2002 AND 2003

  (tonnes)


2000

2001

2002

Proposal

Agreed

 % ch 2003/02

Herring







I, II



73,840

p.m

35,500

-52*

IVa, b

240,000


265,000

146,327


p.m

224,458

53

IVc, VIIId

25,000

42,673

59,542

40

Vb, VIaN, VIb

42,000

36,360

36,360

30,000

29,340

-19

VIa (Clyde)

1,000

1,000

1,000

1,000

1,000

0

VIIa

5,350

6,900

4,800

4,800

4,800

0

VIIe,f

1,000

1,000

1,000

1,000

1,000

0

VIIg,h,j,k

21,000

20,000

8,000

7,800

13,000

62.5

Cod







 IIa, IV

81,000

48,600

41,620

p.m

22,659

-45

Vb, VI,

XII, XIV


7,480

3,700

4,600

972

1,808

-60

VIIa

2,100

2,100

3,200

1,200

1,950

-40

VIIb-k, VIII, IX, X

16,000

10,500

8,700

5,220

6,700

-23

Megrim







Vb, VI, XII, XIV

4,840

4,360

4,360

4,360

4,360

0

VII

17,920

15,000

13,350

12,015

14,336

7.5

Anglerfish







IIa, IV


14,130

10,500

6,300

7,000

-33

Vb, VI, XII, XIV

8,000

6,400

4,770

2,862

3,180

-33

VII

23,000

21,700

18,600

12,759

15,810

-18

Haddock







IIa, IV

73,000

61,000

77,935

p.m

39,521

-49

Vb, VI, XII, XIV

19,000

13,900

14,100

7,180

8,675

-39

VII, VIII, IX, X

13,200

12,000

9,300

7,460

8,185

-12

Whiting







IIa, IV

30,000

29,700

32,358

p.m

12,294

-62

Vb, VI, XII, XIV

4,300

4,000

3,500

1,400

2,000

-43

VIIa

2,640

1,390

1,000

400

500

-50

VIIb-k

22,500

21,000

31,700

20,200

31,700

0

Hake







IIa, IV

1,480

870

946

948

1,053

11

Vb, VI, VII, XII, XIV

23,600

13,920

15,118

15,140

16,823

11

Nephrops







IIa, IV

17,200

15,480

16,623

15,792

16,623

0

Vb, VI

12,600

11,340

11,340

10,773

11,340

0

VII

21,000

18,900

17,790

16,901

17,790

0

Plaice







IIa, IV

97,000

78,000

73,110

p.m

69,282

-5

Vb, VI, XII, XIV

2,400

1,920

1,728

1,210

1,534

-11

VIIa

2,400

2,000

2,400

1,181

1,675

-30

VIId,e

6,500

6,000

6,690

4,020

5,970

-11

VIIf,g

800

760

680

408

660

-3

VIIh-k

1,350

1,215

1,080

582

582

-46

Pollack







Vb, VI, XII, XIV

1,100

1,100

1,100

880

880

-22

VII

17,000

17,000

17,000

13,600

17,000

0

Saithe







IIa, IIIb-d, IV

85,000

87,000

66,150

p.m

79,300

20

Vb, VI, XII, XIV

7,000

9,000

14,000

p.m

17,119

22

VII, VIII, IX, X

6,500

5,600

8,710

8,725

8,710

0

Mackerel







IIa, IIIa-d, IV



25,798

p.m

22,063

-15

IIa, Vb, VI, VII, VIIIa,b, d,e, XII, XIV




345,012


p.m


310,808


-10


Sole







II, IV

22,000

19,000

16,000

13,500

15,850

-1

Vb, VI, XII, XIV

155

140

125

88

106

-15

VIIa

1,080

1,100

1,100

701

1,010

-8

VIId

4,100

4,600

5,200

5,400

5,400

+4

VIIe

660

600

525

263

394

-25

VIIfg

1,160

1,020

1,070

1,240

1,240

16

VIIh,j,k

720

650

650

390

390

-40

Sprat







IIa, IV

225,000

232,000

220,000

p.m

240,000

9

VIId,e

12,000

12,000

12,000

9,000

9,600

-20

Horse Mackerel







 IIa, IV

51,000

51,000

49,400

p.m

41,667

-16

 Vb, VI, VII, VIIIa, b,d,e, XII, XIV

240,000

240,000

143,600

93,946

130,000

-9


p.m. to be confirmed

* to be reviewed before the end of April 2003

TACs are defined in terms of areas designated by ICES. Those of most immediate relevance to the UK correspond roughly to the following geographical regions:


Area II

North Sea N of 62°

Area IV

North Sea S of 62°

Area Vb

Faroes

Area VI

West of Scotland

Area VIIa

Irish Sea

Area VIIb,c,h,j,k

Western approaches

Area VII d, e

English Channel

Area VIIfg

Celtic Sea

Area VIII

Bay of Biscay


  


  ANNEX II

TABLE OF UK EXTERNAL WATERS QUOTAS



Outcome of Commission negotiations in terms of UK Quotas in Third Country Waters and the Waters of Regional Fisheries Organisations





Location/Species

2002 Quota (tonnes)

2003 Quota (tonnes)

% Change

North Norway




Cod

7,666

7,666

0

Haddock

1,216

1,446

21

Saithe

231

257

11

Redfish

300

300

0

Greenland Halibut

50

50

0

Other species

240

240

0





Faroe Islands




Cod/haddock

430

430

0

Saithe

580

580

0

Redfish

75

67

-10

Blue ling/ling

205

184

-10

Blue Whiting

0

16,000


Flatfish

680

680

0

Other species

180

180

0





Greenland




Cod

364

364

0

Redfish (east)

175

175

0

Redfish (west)

105

105

0

Greenland Halibut (east)

212

193

-9

Roundnose  Grenadier

(east)


86

86

0





Iceland




Redfish

1,160

1,160

0





NEAFC




Redfish

23

27

17

Atlanto-scandian herring

16,459

Not agreed

n.a





NAFO




Cod 3NO (1)

0

0

0

Cod 2J3KL (1)

0

0

0

Cod 3M(1)

0

0

0

(1) Stocks under moratoria due to poor biological condition.

  ANNEX III

TABLE OF QUOTAS PROVIDED TO NORWAY, FAROE ISLANDS AND ICELAND AS PART OF BALANCED EXCHANGE


Outcome of Commission negotiations in terms of quotas in Community waters provided to Norway and Faroe Islands as part of the balanced exchange

NORWAY



Species

  2002 Quota

  (tonnes)


  2003 Quota

  (tonnes)


Mackerel

47,386

40,395

Herring

50,000

116,000

Sprat

35,000

15,000

Cod

7,880

4,641

Haddock

21,725

9,580

Saithe

70,200

85,800

Whiting

4,100

1,600

Plaice

3,890

3,969

Sandeel, Norway pout, blue whiting

40,000

40,000

Blue whiting

120,000

120,000

Blue ling

500

300

Ling, tusk

14,500

14,500

Dogfish

200

200

Porbeagle

100

100

Shrimp

100

100

Other species

5,000

5,000

Horse mackerel

1,600

1,600

Combined quota

600

600

Greenland halibut

1,975

1,600




FAROE ISLANDS



Ling, tusk, blue ling

800

800

Blue ling

940

940

Mackerel

5,488

5,240

Herring

660

660

Horse mackerel

7,000

7,000

Norway pout, sprat, sandeel

20,000

20,000

Blue whiting

0

0

Other white fish

400

400

Herring

500

500

Porbeagle

125

125





EC Quotas in Greenland waters provided to Norway, Faroe Islands and Iceland as part of the balanced exchange of quotas





Species

Norway

Faroe Islands

Iceland


tonnes

tonnes

tonnes


2002

2003

2002

2003

2002

2003








Redfish

1,000

1,000

500

500



Greenland halibut (east)

400

1,055

150

150



Greenland halibut (west)

920

920

150

550



Deep-water prawn

2,500

2,500

1,150

1,150



Atlantic halibut (east)

200

200





Atlantic halibut (west)

200

200





Capelin

6,700

6,700

10,000

10,000


30,000

Roundnose Grenadier (east)

285

285





Roundnose Grenadier (west)

715

715







1   OJ No. L.356, 31.12.02, p.12. Back


 
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