Select Committee on European Scrutiny Eighth Report


6 Balancing fishing capacity and opportunities within the Community

(26275)

5182/05

COM(04) 799

Annual Report from the Commission on Member States' efforts during 2003 to achieve a sustainable balance between fishing capacity and fishing opportunities
(26276)

5184/05

SEC(04) 1559

Commission Staff Working Document: Annex to the Annual Report from the Commission on Member States' efforts during 2003 to achieve a sustainable balance between fishing capacity and fishing opportunities

Legal base
Document originated14 December 2004
Deposited in Parliament14 January 2005
DepartmentEnvironment, Food and Rural Affairs
Basis of considerationEM of 31 January 2005
Previous Committee ReportNone
To be discussed in CouncilSee para 6.6 below
Committee's assessmentPolitically important
Committee's decisionCleared, but relevant to the debate already recommended in European Standing Committee A on total allowable catches (TACs) for 2005

Background

6.1 It has long been one of the aims of the Common Fisheries Policy (CFP) to achieve a better balance between the capacity of the Member States' fishing fleets and the catch opportunities available to them, and, until recently, this was achieved by a series of Multi-Annual Guidance Plans (MAGPs), which existed in various forms from 1987 to 2002 in order to control the size of fishing fleets across the Community. However, as a result of the reform of the CFP in 2002, those Plans have now been replaced by the provisions of Council Regulation (EC) No. 2371/2002,[19] which (together with the detailed rules in Commission Regulation (EC) No. 1438/2003)[20] establishes an entry and exit regime for fishing fleets along with overall capacity limits.

6.2 In particular, the new regime requires a Member State to ensure that entries to its fishing fleet take place only when a corresponding capacity is removed, so as to ensure that the overall fleet capacity matches the level of fishing opportunities which exist. Additional penalties are applied if entries take place with public aid, with the reduction in capacity required in such cases being 35% larger than for normal entries. Also, any capacity which leaves a Member State's fishing fleet with public aid (i.e. under decommissioning schemes) cannot be replaced, such exits thus leading to a corresponding permanent reduction in the capacity ceilings for the fishing fleet concerned. Those Member States which exceed their capacity ceilings are obliged to reduce the fishing effort of their fleets down to the level which would be expected had they complied with those ceilings, and their eligibility for Community financial assistance under the Financial Instrument for Fisheries Guidance (FIFG) may be suspended.

The current document

6.3 Under the new arrangements, the Commission is required each year to present to the European Parliament and to the Council a summary of the results of efforts to achieve a sustainable balance between fishing capacity and opportunities, based on a report from each Member State, and accompanied by the opinions of the Scientific, Technical and Economic Committee for Fisheries (STECF) and the Committee for Fisheries and Aquaculture established under Article 30(1) of Council Regulation 2371/2002.

6.4 This report is the first to be provided under these arrangements, and deals with the action taken by Member States in 2003. The Commission's overall view is that all Member States have complied with their fleet capacity ceilings during that period with two exceptions — Belgium and Italy exceeded their overall tonnage ceilings, whilst Italy also exceeded its overall engine power ceiling. However, the Commission also notes that there were some discrepancies between the data held on national fleet registers and that on the Community Fleet Register, partly caused by the introduction of a new format for the reporting of data to the Register, which it says should be eliminated for the next annual report. In addition, the STECF comments that, whilst the report provides information on the application of the fleet entry/exit regime in Member States as regards fleet size, it does not address the requirement to assess the equilibrium between fishing fleet capacity and fishing opportunities, and calls for such an analysis to be developed for the next annual report.

The Government's view

6.5 In his Explanatory Memorandum of 31 January 2005, the Minister for Nature Conservation and Fisheries at the Department for Environment, Food and Rural Affairs (Mr Ben Bradshaw) says that the Government believes in the key aim of ensuring that the capacity of fishing fleets is in balance with the available fishing opportunities. He points out that the fleet entry/exit regime introduced is in fact very similar to the licensing regime for UK fishing vessels which has been in operation since 1997.[21] As such, once appropriate measures to cover the transition to the new regime were included in the legislation, its introduction has had virtually no impact on the UK, which the Minister says is in full compliance with the fleet limits set out.

6.6 He adds that the report was discussed by Member States at the Management Committee for Fisheries and Aquaculture in Brussels on 9 September and 13 October 2004. He says that the Commission and Member States will look to incorporate the suggested improvements in the annual reports on the fleets in 2004, due from Member States by 1 May 2005.

Conclusion

6.7 We note that this is the first report on the new arrangements, introduced as part of the reform of the Common Fisheries Policy agreed in 2002 and aimed at achieving a better balance between the capacity of the Member States' fishing fleets and the catching opportunities available to them. We also note that the report is generally uncontentious, and that the practical impact of the new system on the UK is limited. In view of this, we are clearing the document, but we believe it is relevant to the debate which we have recently recommended in European Standing Committee A on the Total Allowable Catches (TACs) and quotas for 2005[22] and on the equivalent opportunities for deep-sea species in 2005 and 2006.[23]





19   OJ No. L.358, 31.12.02, p.59. Back

20   OJ No. L.204, 13.8.03, p.21. Back

21   This provided that, for a vessel to enter the UK fishing fleet, the owners had to purchase a licence from a vessel of at least the same capacity (or from a group of vessels which together added up to at least the same capacity). In addition, the UK regime included penalties when more than one licence is aggregated onto a new vessel. Back

22   (26217) 15237/04; see HC 38-iv (2004-05), para 2 (19 January 2005). Back

23   (26191) 15390/04; see HC 38-iv (2004-05), para 1 (19 January 2005). Back


 
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