Select Committee on European Scrutiny First Report


14 Management of fishing effort in western waters

(24139)

15253/02

COM(02) 739

Draft Council Regulation on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EEC) 2847/93.

Legal baseArticle 37 EC; consultation; QMV
DepartmentEnvironment, Food and Rural Affairs
Basis of considerationMinister's letter of 24 November 2003
Previous Committee ReportHC 63-xxv (2002-03), paragraph 5 (18 June 2003) and HC 63-xxxvii (2002-03), paragraph 1 (12 November 2003)
Discussed in Council13 October 2003
Committee's assessmentPolitically important
Committee's decisionCleared

Background

14.1 In view of the pressure on the stocks in the Communitys Western Waters, particularly following the accession of Spain and Portugal, the Council established in 1995 a system for managing such effort, involving the establishment of lists of vessels authorised to fish, a number of general rules for determining the fishing effort deployed by each Member State for demersal species, and the laying down of the actual maximum effort for each Member State in each fishery. The first of these Regulations also took into account the terms governing Spanish and Portuguese accession, but, in December 2002, the Commission put forward the current proposal, which sought to reflect the fact that, as from 1 January 2003, Spain and Portugal would become fully integrated into the Common Fisheries Policy, and that consequently transitional provisions, such as the limit placed on the number of Spanish vessels allowed to operate in the so-called Irish box, would need to be revised.

14.2 We first reported on these proposals on 18 June 2003, and again on 12 November, when we noted that the Agriculture and Fisheries Council on 13 October had agreed a compromise acceptable to the UK. However, we also commented that only time would tell whether the correct balance had been struck between on the one hand ensuring that, following the end of the arrangements made when Spain and Portugal joined the Community, suitable steps had been taken to protect the stocks in question against a major increase in fishing effort, and, on the other hand, avoiding control measures which would be unduly onerous for fishermen of other Member States, such as the UK, who have previously operated in these waters. We therefore said that, before we considered clearing the document, we would be glad if the Minister could spell out more fully how the Regulation agreed would in practice address the need to safeguard the stocks in these waters against a sudden increase in fishing effort, particularly from Spanish and Portuguese vessels.

Minister's letter of 24 November 2003

14.3 In his letter of 24 November 2003, the Minister for Nature Conservation and Fisheries at the Department for Environment, Food and Rural Affairs (Mr Ben Bradshaw) points out that, since there was no support from other Member States for a separate management zone for the Irish Sea, it remains part of a wider management zone for the whole of Area VII,[40] thus allowing Member States with an effort allocation in that Area to switch part of it to the Irish Sea. However, he points out that although Spain (but not Portugal) has such an allocation, its capacity to re-deploy this will be limited by a number of factors. These include the fact that:

  • a very large part of the Irish Sea is covered by the territorial waters of the UK and Ireland, to which Spanish vessels have no access;
  • Spain has no quota for a number of the relevant stocks, such as cod, whiting, plaice and sole, and so cannot diversify into those fisheries;
  • the main stocks in Area VII for which they do have quotas — hake, anglerfish and megrim — are not caught in significant numbers in the Irish Sea;
  • the Commission has undertaken to monitor closely any new fishing effort to ensure that it is consistent with measures in place for the conservation of fish stocks;
  • it is most unlikely that Spanish vessels would want to use part of their existing effort allocation to pursue speculative non-TAC fisheries in the Irish Sea;
  • any request for an increase in their effort allocation would need to be accompanied by a full scientific justification, including evidence that there would be no increase in discards of quota stocks.

14.4 The Minister concludes that these constraining factors will make it very difficult for Spanish vessels to establish economically viable fisheries in the Irish Sea or for other Member States to increase effort beyond existing levels. He therefore suggests that, whilst this does not amount to an absolute safeguard of the kind a separate management area might have provided, it does provide an adequate level of protection to the stocks.

Conclusion

14.5 We are grateful to the Minister for this further clarification, in the light of which we are now clearing this document.


40   This is an area defined for stock management purposes by the International Council for the Exploration of the Seas, and, broadly speaking, covers waters to the south and west of the UK. Back


 
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