FISHFILES LITE DECEMBER 2002
Megapesca Lda. Portugal
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Fishfiles Lite is a free monthly newsletter summarizing key developments in EU fisheries and trade policy and legislation. The full text of all of the items below is available to subscribers to Megapesca's FishFiles Professional service (http://www.megapesca.com/megashop/legis1.html).

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Common Fisheries Policy

 

  1. New Common Fisheries Policy agreed on 20 December. FIFG structural funds amended and new conservation regulation passed.
  2. Long-term recovery plan for cod approved in favour of moratorium, with compensation for affected fishers.
  3. Higher level of decommissioning grant for vessels affected by emergency conservation measures.
  4. Fishing quotas allocated to Member States for the year 2003.
  5. Higher level of fisheries management for deep seas stocks.
  6. EU Parliament gets explanation on circumstances surrounding the replacement of the Director General of Fisheries in April 2002. 
  7. Commission proposes to replace fisheries access agreements with “partnership agreements” on sustainable exploitation.
  8. The EU and Mauritius agreed to extend the Fisheries Agreement to December 2003.
  9. EU-Senegal fisheries agreement concluded for the period from 1 July 2002 to 30 June 2006.
  10. EU-Sao Tome and Principe fisheries agreement ratified, for the period from 1 June 2002 to 31 May 2005.
  11. EU-Angola fisheries agreement extended to 2 Aug 2004.
  12. The European Commission presented a report detailing 8,000 infringements of CFP rules in 2001.
  13. The European Court finds against the UK Government for breach of fisheries conservation duties.
  14. Council Regulation passed to support costs of member states’ fisheries monitoring and surveillance activities.
  15. 2002 Community fish quotas allocated to Member States were modified for several species.
  16. Many Member States exhausted quota and were issued with stop fishing notices.
  17. EU customs tariffs modified on a range of fishery product imports.
  18. Commission commences anti-dumping procedures against Norway and Faeroe Islands, regarding imports of rainbow trout.
  19. EU and Chile signed an Association Agreement relating to free trade, despite fish landing dispute.
  20. New reference, guide, withdrawal and selling prices set for fish species for 2003.
  21. New requirements for notification of import prices set by the Commission.
  22. Compensation package announced for those affected by the Prestige oil spill.
  23. EU Parliament questioned conditions of access of Spanish and Portuguese vessels to North Sea fish resources after 1 Jan 2003.
  24. EU Parliament questioned the Commission on support for EU small scale fisheries.

 

 Food and fish hygiene issues

 

  1. Commission reported that in 2001, Italian controls for health conditions fishery products and bivalves were found to be deficient, posing a “risk to consumer health”.
  2. Commission reported that in 2001, Spanish controls for health conditions fishery products and bivalves were found to be deficient and posing a “risk to consumer health”.
  3. Commission reported that Belizian controls for health conditions of fishery products were generally satisfactory, but some guarantees sought..
  4. Change in the Russian competent authority recognized by the Commission.
  5. EU allows the resumption of imports of most fishery products from China without testing..
  6. European Court decides that zero-tolerance standards for Listeria monocytogenes are lawful.
  7. Commission confirms that the use of “tari” water binders is prohibited under Community law.

 

Common Fisheries Policy

 

  1. After tough negotiations and refusal from the Commission to accept a “squalid compromise”, on 20 December, the Council of Ministers finally a reached a compromise agreement on CFP reform. Many of the Commission’s proposals were accepted, although the most controversial, the elimination of FIFG support for construction of new vessels will only become fully operational after a two year transitional period. Other measures are the introduction of multi-annual management plans, a new fleet capacity reduction system and targets (3% in 2003/2004), and an elevated level of community support for scrapping of vessels and for displaced fishers. Support for permanent export of vessels will also cease. The agreement marks the end of a two year consultation and discussion process. Based on this agreement, Council approved amendments to the FIFG structural funds regulation and passed a completely new regulation governing conservation of EU fisheries resources.

 

  1. Following protracted discussions and consultation the Commission has outlined the recovery plan to be implemented for North Sea cod. The idea of a moratorium is ditched, in favor of the longer-term recovery plan, with significantly reduced fishing effort (days at sea) on cod, haddock and whiting, whilst providing an increased level of support to fishers to reduce the socio-economic impacts. The Commission has stood resolutely behind the ICES scientific assessment, despite intense pressure from industry.

 

  1. The EU Council approved a regulation providing for a higher level of decommissioning grant for vessels affected by emergency conservation measures (defined as a 25% reduction in fishing opportunities)

 

  1. The Council agreed the allocation of fishing quotas to Member States for the year 2003, for both deep sea fishing, EU waters, regional fishing organizations (NAFO, NEAFC, ICCAT etc) and third country fishing opportunities.

 

  1. EU Council passed a regulation which establishes a higher level of fisheries management for fishing of important deep seas stocks in Community waters, including observer programmes, vessel monitoring, effort controls and a designated landing ports scheme.

 

  1. Several EU Parliamentary questions on Common Fisheries Policy Reform were discussed in relation to the information policy and discussions with stakeholders. A detailed explanation was also provided of the circumstances surrounding the replacement of the Director General of Fisheries in April 2002. 

 

  1. DG Fisheries published a Communication to the Council with detailed proposals to replace fisheries access agreements with “partnership agreements” with financial support being focused on investment in a sustainable fisheries policy, and including the development needs of the 3rd.country. A parliamentary question covered the same issue of development and fisheries policy convergence, this time in relation to the Kiribati fisheries agreement.

 

  1. The EU and Mauritius agreed to extend the current three-year protocol to their Fisheries Agreement for a year, from 3 December 2002 to 2 December 2003. The conditions and the annual financial compensation will remain at EUR 412k, providing fishing opportunities for 83 EU tuna fishing vessels.

 

  1. A new EU-Senegal fisheries agreement was concluded for the period from 1 July 2002 to 30 June 2006. The agreement provides for EUR 16 million/year in return for access rights for coastal, freezer and deepwater trawlers, and tuna vessels and surface long-liners. A Council Regulation was passed allocating these rights to some EU Member States.

 

  1. The EU Council ratified the EU-Sao Tome and Principe fisheries agreement, for the period from 1 June 2002 to 31 May 2005. Fishing rights for freezer tuna seiners, tuna pole and line, surface ling-liners and experimental deepwater fishing for crab are allocated to EU Member States.

 

  1. The Council also ratified an extension to the EU-Angola fisheries agreement from 3 Aug 2002 to 2 Aug 2004. Fishing rights for shrimp, demersal trawling, freezer tuna seiners, surface ling-liners and (experimental) pelagic fishing are allocated to EU Member States, in return for a financial package worth EUR15.5 million/year.

 

  1. The European Commission has presented a report on infringements of the rules of the Common Fisheries Policy (CFP) detected by Member States in 2001. Over 8,000 cases of serious infringements were detected, a rise of 12% on the number for 2000. 50% of infringements were for unlawful fishing. A wide variation in penalties for the same offence undermines the creditability of enforcement.

 

  1. The European Court found against the UK Government, in that in the years 1985 to 1988, and 1990 it failed to allocate quota, stop vessels fishing after quota was exhausted, misreported landings of mackerel and failed to penalise infringements by vessel masters, and was therefore in breach of its duties under Community Regulations.  The UK Government is to pay the costs.

 

  1. A Council Regulation was approved which sets out EU funding for member states’ fisheries monitoring and surveillance activities for 2002, being 50% of the cost of staff training and installation of new financial information systems, and 35% of expenditure of vessels and aircraft.

 

  1. 2002 Community fish quotas allocated to Member States were modified for redfish, capelin, herring and Greenland halibut.

 

  1. Many Member States exhausted quota and were issued with stop fishing notices (Swedish vessels to stop fishing for cod and haddock, French vessels to stop fishing for sole and cod, Danish vessels to stop fishing for sole, mackerel and saithe and UK vessels to stop fishing for cod).

 

  1. Council passed a regulation modifying EU customs tariffs on a range of fishery product imports destined for processing, with complete elimination of tariffs across a range of commonly imported species.

 

  1. Following a formal complaint by Finnish fish farmers, the Commission gave notice of the commencement of anti-dumping procedures against Norway and Faeroe Islands, regarding imports of rainbow trout.

 

  1. Despite the suspended WTO dispute over landing rights for EU vessels in Chilean ports, on 26 April 2002 the Commission and the Government of Chile signed an Association Agreement relating to free trade.

 

  1. The Commission published new reference, guide, withdrawal and selling prices for fish species subject to market support measures, as well as levels of withdrawal, carry-over, flat rate and private storage support.

 

  1. Council also passed a Regulation setting out the detailed requirements for Member States to notify the Commission of the import prices of a range of fishery products listed in the CFP market regulation 104/2000.

 

  1. Using emergency powers in response to the Prestige oil spill up to EUR80 million of the structural funds for Spanish vessels that used to fish in Moroccan waters, was transferred to reparation of damages resulting from the oil spill in Spain. Compensation measures for affected fishers and levels of assistance were specified. The FIFG structural fund regulation was also modified to allow such compensation in similar future situations.

 

  1. EU Parliament questioned the Commission regarding the access of Spanish and Portuguese vessels “without discrimination” to North Sea fish resources (excluded until 1 Jan 2003 under the terms of their Acts of Accession). Commissioner Fischler replied that the allocation of fishing rights will follow the lawful principles set in regulations and will “take into account the interests of all Member states” and apply the principle of relative stability principle and the “keys of 1983”.  On this basis, Spain and Portugal do not get the North Sea quota they seek.

 

  1. EU Parliament questioned the Commission on support for EU small scale fisheries under the FIFG. Between 1997 and 2000 the Community supported 53 small scale fisheries projects total value EUR4.7 million. The budget allocation for 2000-2006 is EUR 50.1 million.

 

Food and fish hygiene issues

 

  1. The Food and Veterinary Office of DG SANCO reported on a 2001 inspection of fishery product health controls in Italy, and found significant variation in the level of enforcement, resulting in deficiencies at establishment level in some regions (and in one wholesale market). The report concludes that “risk to consumer health from consumption of fishery products cannot be excluded”. Recommends re-inspection for approval of all establishments, and longer purification times for bivalves.

 

  1. The Food and Veterinary Office of DG SANCO also reported on Spanish controls for safety of bivalve mollusks and fishery products, following an inspection mission in December 2001. The report criticises the lack of central control which results in large regional variations in food safety standards for fishery products and bivalves.  Risks to consumer health are a possibility, especially in relation to marine biotoxins in bivalves.

 

  1. The Food and Veterinary Office of DG SANCO has assessed Belizian controls for safety of fishery products exported to the EU. Generally satisfactory standards were found, but guarantees are sought on inspection manual, laboratory proficiency testing, water analysis, inspection of Belize flagged factory vessels and stronger inspection of HACCP systems.

 

  1. The Commission has recognized the change in the Russian competent authority, being the“State Fisheries Committee of the Russian Federation ” assisted by the “National Centre of Quality and Safety of Fishery Products”.

 

  1. Following approval of the Standing Committee on the Food Chain and Animal Health (SCFCAH), the Commission decided to allow the resumption of imports of most fishery products from China without testing for veterinary drug residues. Testing of 20% of consignments is still required for some products, but the import of shrimps (except some species), eels and aquaculture products is still prohibited.

 

  1. Following an appeal against food standards introduced by the Government of Austria, the European Court decided that European law does not preclude the imposition by a member state of a zero-tolerance for Listeria monocytogenes in fishery products (even if it is not technically possible to eliminate that hazard). This would seem to indicate that some fishery products may not be sold in Austria without risking prosecution.

 

  1. Following a question in the EU Parliament, the Commission confirms that the use of “tari” proteins to increase water holding capacity of fishery products is prohibited under Community law.

 

Disclaimer

 

Whilst we use our best efforts to provide accurate information in this newsletter, Megapesca is not responsible for the results of any inaccuracies or omissions which may be found to exist in the information provided, or any loss of profits or other consequential damages that may result from actions or omissions based on the information supplied. Readers are advised that only the European Union legislation published in the paper editions of the Official Journal of the European Communities is deemed authentic.

 

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