4 Fisheries: catch quotas and effort
limitation for 2012
| (a)
(33176)
14751/11
COM(11) 586
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Draft Council Regulation fixing for 2012 the fishing opportunities available to Union vessels for certain fish stocks which are not subject to international negotiations or agreements
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| (b)
(33369)
16650/11
COM(11) 717
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Draft Council Regulation fixing for 2012 the fishing opportunities available in Union waters, and, to Union vessels, in certain non-Union waters, for certain fish stocks which are subject to international negotiations or agreements
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| Legal base | Article 43(3)TFEU; QMV
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| Document originated | (b) 10 November 2011
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| Deposited in Parliament | (b) 18 November 2011
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | (b) EM of 30 November 2011
(both) SEM of 5 December 2011
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| Previous Committee Report | (a) HC 428-xli (2010-12), chapter 5 (9 November 2011)
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| Discussion in Council | 15-16 December 2011
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information awaited
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Background
4.1 The EU Total Allowable Catches (TACs) for particular fish
stocks in the following calendar year are based on scientific
advice, and then have to be agreed by the Fisheries Council following
a proposal from the Commission. Since agreement is needed before
the start of the calendar year to which it applies, this has habitually
presented scrutiny difficulties, in that the requirement to take
into account the scientific advice means that official texts have
often been available too late to be considered properly beforehand:
and this has been a particular problem for those stocks which
are jointly managed with third countries, since the EU share has
to be negotiated with the countries concerned.
4.2 In view of this, the Commission has adopted this year a two
stage approach in which it put forward in September 2011 a proposal
(document (a)) relating to the EU's "internal" stocks.
In reporting this to the House on 9 November 2011, we commented
that the Commission's initiative in making these proposals
in advance of those for stocks which have to be negotiated internationally
was in principle to be welcomed. However, the Government had said
that Member States might be reluctant to agree one set of proposals
in isolation from the other, preferring to consider the package
as a whole, and had suggested that any agreement was unlikely
to be reached before the Council on 15-16 December.
4.3 In view of this, we said that we felt unable
to clear those proposals at this stage, bearing in mind also the
reservations which the Government had expressed on their substance,
notably as regards the blanket approach which the Commission has
adopted to the setting of certain total allowable catches, and
the rate at which it is proposing that the maximum sustainable
yield should be achieved. We are therefore simply reporting these
proposals to the House, and looked forward to receiving an update
from the Minister in the light of the way in which the negotiations
unfolded (and the proposal eventually put forward on the remaining
stocks subject to discussion with third countries).
The current proposal
4.4 The Commission has now put forward the proposal
at document (b) relating to those stocks which are jointly managed
or subject to negotiations with third countries, and thus covers
stocks of major interest to the UK, notably in the North Sea.
However, although that the EU-Greenland negotiations were concluded
on 22 November, and discussions with Norway are still taking place,
and consequently the proposal contains very little by way of figures,
pending the outcome of those negotiations.
The Government's view
4.5 In his Explanatory Memorandum of 30 November
2011, the Minister for the Natural Environment and Fisheries at
the Department for Environment, Food and Rural Affairs (Mr Richard
Benyon) highlights the particular importance of the agreement
with Norway for the UK, with the TACs being set for North Sea
cod, haddock, saithe, whiting, plaice and herring, and an exchange
of fishing opportunities, under which the EU gains access to quotas
of cod, haddock, saithe at North Norway and, in return, the EU
gives Norway a range of quotas. At the same time, he says that
the EU-Greenland agreement is also important, as the EU gains
both direct fishing opportunities and access to quotas which,
in turn, are offered to Norway as part of the overall balance
in exchange in quotas.
4.6 Notwithstanding the absence of figures, the Minister
says that, based on Long Term Management Plans and the Commission's
approach to date, it is possible to be reasonably confident about
the expected change in TAC for some stocks, having regard to the
categories used by the Commission for the internal stocks. Thus,
for those under a Long Term Management Plan, which has been evaluated
by ICES as being precautionary, the Commission is bound to make
its proposals for TACs in accordance with these plans: for stocks
not under Management Plans, the approach has been to move to the
Maximum Sustainable Yield (MSY), either on a gradual basis assuming
four steps between now and 2015, or in one year; whilst
in the case of stocks considered to be 'data poor', it would be
surprising if the Commission continued with proposing automatic
reductions of 15% or 25%, given that the Commissioner stated at
the October Council that this approach had been dropped, and that
a case-by-case approach would be applied.
4.7 The Minister has provided a summary of the UK's
predictions for the proposed TACs and the UK position on these.
He also has the following comments on some of the key stocks,
based on the details emerging from negotiations:
North Sea and West of Scotland Saithe
"This stock is of interest as ICES, in advice
brought forward in June, suggested it needed a larger than 15%
decrease in TAC, and the Commission was proposing to invoke the
condition in the Long Term Management Plan enabling a reduction
around 27-68%, depending on which MSY approach to take. However,
the latest science, which takes account of more recent survey
results, has indicated that a 15% decrease is sufficient to recover
the stock following poor recruitment.
North Sea Herring
"Whilst a strict application of the current
scientific advice would provide for a 15% increase in the TAC,
the industry is pressing for a far greater increase (+139%) on
the basis that fishing mortality could be increased further following
MSY Transition advice. The pelagic Regional Advisory Council has
put forward many options which ICES has considered, all of which
have been evaluated as precautionary, and are thus now subject
to negotiation.
Atlanto-Scandian Herring (ASH)
"This TAC is set as part of the North East Atlantic
Fisheries Commission (NEAFC) coastal state arrangements, and is
an important directed fishery for the EU and UK pelagic fleet.
The TAC has been reduced by 16% which will have an impact for
the pelagic fleet, but the impact may be lessened by increases
elsewhere, notable for blue whiting.
Blue Whiting
"This TAC is also set as part of the NEAFC coastal
states arrangements, and the quota is important both in terms
of a directed fishing opportunity for the pelagic fleet and its
potential as currency to offer to Norway as part of the overall
balance."
Supplementary Explanatory Memorandum of 5 December
2011
4.8 We have since received from the Minister a supplementary
Explanatory Memorandum of 5 December 2011, enclosing an Impact
Assessment relating to the two proposals, which he confirms will
both be agreed at the Council on 15-16 December 2011. This indicates
that the proposals as they stand would give rise to a net annual
cost of £0.78 million, and goes on to say that the Government
does not feel able to accept them, not least because it believes
they could be adjusted to better reflect the relevant scientific
advice. The Assessment therefore confirms that the Government's
aim will be to negotiate changes, notably by resisting blanket
cuts of 25%, by resisting further reductions in days at sea whilst
the cod recovery plan which drives them is under review; and by
extending catch quota trials to reduce discards by obtaining extra
quota to facilitate those trials.
Conclusion
4.9 The Minister has confirmed that negotiations
on both these proposals will take place at the Fisheries Council
on 15-16 December, thereby partially negating the Commission's
(perhaps over-optimistic) hope that agreement might be reached
separately on the "internal" stocks. We also understand
that specific figures on the stocks managed jointly with Norway
are unlikely to be available in advance of the Council.
4.10 In view of this, and the need — which
we recognise — to establish the TACs in question before
the start of 2012, there is little we can do at this stage other
than to report the current position to the House, and ask the
Minister to write to us again after the Council with details of
the agreement reached then. In the meantime, although we note
that there was a general debate on fisheries on the Floor of the
House on 15 November,[13]
we think it right to hold the proposals under scrutiny.
13 HC Deb, 15
November 2011, cols 711-742. Back
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