FISHFILES LITE AUGUST 2002

Megapesca Lda. Portugal

www.megapesca.com

 

Fishfiles Lite is a monthly newsletter on key developments in EU fisheries and trade policy and legislation. For more details and to download the full text of any of the items below, please visit our site and subscribe to FishFiles Professional.

 

Common Fisheries Policy

 

1. EU Commission has published the proposed regulation describing the conservation regime under the revised Common Fisheries Policy after 1 Jan 2003.

2. Proposals for FIFG (structural fund) support for the fisheries sector structural adjustment after 1 Jan 2003 were published.

3. Commissioner Fishcler states “the practice of buying fishing rights for Community vessels to fish in third-country waters has run its course.”

4. Commission allows duty free access to EU market for Falklands fish, even though it does not comply with rules of origin.

5. The Commission has strongly criticised the Irish authorities for failing to meet MAGP targets and for non-registration of vessels (including the Atlantic Dawn). Legal proceedings are underway.

6. EU announced changes to conservation measures in the NAFO, ICCAT and Baltic Sea regions.

7. The use of “pingers” to prevent dolphin bycatch in some pelagic fisheries is still subject to trials, but the possibility of their use where appropriate is not ruled out.

8. The Commission announced that it has approved fisheries data collection programmes proposed by member States, and will support the costs to a sum total of EUR19 million.

9. The Commission outlaws the practice of “shark finning”.

10. Stop fishing notices were issued in respect of Spanish and German vessels

11. Stop fishing notice for Sweden lifted due to quota transfer from Germany.

12. Dioxin limits for fishery products will cost 2000 jobs in Sweden.  So be it, says Commission.

13. Legality of a Belgian law requiring vessels flying the Belgian flag to have an “economic link” with Belgium is being investigated by the Commission.

14. Commissioner Fischler was forced to admit, that it is possible that withdrawal subsidies could be paid for vessels built with EU subsidies.

 

Fish Hygiene and Quality 

 

15. The Food and Veterinary Office of DG SANCO published its annual report for 2001, highly critical of EU Member State controls on the safety of fishery and bivalve products. Conditions of some third country suppliers are described as “worrying.”

16. Commission is to define exemption to fish hygiene requirements more clearly in respect of small suppliers with direct supply to market.

17. Commission is investigating wide variations between EU Member States in the nature of the health controls for fishery products operated at the border inspection posts, as regards the microbiological standards.

18. New directives set out the sampling and analytical methods for dioxins in foods and animal feedstuffs.

19. List of permitted drugs in farmed fish amended to include Azagly- nafarelin.

20. Speech by Commissioner Byrne re-iterating policy on more explicit food labeling.

21. New system announced for publishing the applications for registration of a product as a 'Protected Designation of Origin' (PDO), a 'Protected Geographical Indication' (PGI) or a 'Traditional Speciality Guaranteed' (TSG).

 

Common Fisheries Policy

 

1. The EU Commission has published the proposed regulation describing the conservation regime under the revised Common Fisheries Policy after 1 Jan 2003. The regulation sets out conservation objectives, the principles to be applied, and the requirements for governance of fisheries in Member States. The range of conservation measures are defined, and include new multi-annual conservation plans and the powers to take emergency measures in case of “serious threat”. A new fleet capacity management regime is defined, based on the concept of fleet “reference levels” (set at the final level of MAGP IV in December 2002, but to be revised downwards as capacity is withdrawn). In the meanwhile MAPG IV is extended to the end of 2002. The new regulation retains the concept of relative stability in allocation of community fishing rights, and defines the Community enforcement system and the duties of Member States in this respect, with loss of quota for failure to comply. Role of the Committee for Fisheries and Aquaculture and the Scientific, Technical and Economic Committee are re-defined and new Regional Advisory Councils are to be established.

 

2. Proposals for amending the regulation setting out the FIFG support for the fisheries sector structural adjustment after 1 Jan 2003 were published by the Commission, thus commencing implementation of the Green Paper in respect of structural funding. It removes subsidies for vessel replacement and upgrading (except for safety and quality), and for permanent export to third countries (from 1 Jan 2003). It also strengthens socio-economic support for economic diversification in fishery dependent areas.

 

3. In the clearest statement yet on future policy direction with respect to third country fisheries agreements (following a question in the EU Parliament), Commissioner Fischler  stated “the practice of buying fishing rights for Community vessels to fish in third-country waters has run its course.”

 

4. Commission has granted an exemption to the Falkland Islands, allowing duty free access to EU market  for several species of South Atlantic fish caught by vessels registered in the Falkland Islands, even though the OCT (“overseas territory”) rules of origin conditions (relating to crew composition) are not met by these vessels.

 

5. Following questions in the EU Parliament, the Commission has strongly criticised the Irish authorities regarding the re-registration of the 144m “Atlantic Dawn”. Not only is Ireland continuing to fail to meet MAGP targets, but vessels, including the Atlantic Dawn, are not properly registered. Legal proceedings have been initiated by the Commission.

 

6. EU announced changes to conservation measures for a number of species in the NAFO, ICCAT and Baltic Sea regions.

 

7. The Commission was questioned in EU Parliament regarding the possible use of banned driftnets for catching large pelagic fish if they are fitted with “pingers” to prevent dolphin bycatch. The value of this method is still subject to trials, but the possibility of their use where appropriate is not ruled out.

 

8. The Commission announced that it has approved fisheries data collection programmes proposed by member States, and will support the cost to the sum of EUR19 million.

 

9. The European Commission has initiated a proposal which will outlaw the practice of “shark finning”, in which the fins are removed and the remainder of the shark is discarded at sea. This will apply in EU waters, and to EU vessels fishing outside EU waters.

 

10. Quota exhaustion was announced, and stop fishing notices were issued in respect Spanish vessels (fishing for whiting in ICES VII sea area) and German vessels (fishing for haddock in Faroese waters).

 

11. Following the transfer of 300 tonnes cod quota from Germany, Sweden may resume fishing for this species in the North Sea.

 

12. The National Board of Fisheries in Sweden announced that the dioxin limits set for fishery products, is likely to result in closure of Baltic fisheries for eel and salmon (and possibly herring), costing 2000 jobs in Sweden (after 2006 when current derogation ends).  So be it, said Commissioner Byrne. The Commission considers that this cannot take precedence over clear scientific evidence of prejudice to health of consumers.

 

13. The legality of a Belgian law requiring vessels flying the Belgian flag to have an “economic link” with Belgium (50% crew or landings in Belgium) was questioned in the EU Parliament. Such measures are permitted in Community law, but the permissibility of these Belgian rules is under investigation by the Commission.

 

14. Following a question in EU Parliament, about subsidies for withdrawal of vessels, which were originally built with EU subsidies, Commissioner Fischler stated that withdrawal assistance is available for any vessel over 10 years old. And so, he was forced to admit, it is possible that such double subsidy could occur.

 

 

Fish Hygiene

 

15. The Food and Veterinary Office of DG SANCO published its annual report for 2001, detailing its findings on the safety of fishery and bivalve products in the EU. In some Member States the inspectors state that there is an insufficient number of qualified and trained staff, poor uniformity of controls, lack of training, inadequate recording of inspection findings, weak enforcement and poor assessment and control of the HACCP based own-checks programmes. For bivalves molluscs EU production areas are poorly classified in some cases, and there is inappropriate design and sampling of the microbiological and phytoplankton monitoring programmes.  In respect of suppliers to the EU, the inspectors state “missions to third countries showed situations varying from acceptable to worrying.”

 

16. The Commission has been requested to consider the precise meaning of the exemption to Council Directive 91/493/EEC (Article 2 (15), related to direct marketing of a “small quantity of fishery products”. Producers placing products on the market in this way do not have to comply with the provisions of the Directive. The Commission is to consider whether this requires more specific definition.

 

17. A question was asked in the EU Parliament regarding variations between EU Member States in the nature of the health controls for fishery products operated at the border inspection posts, as regards the microbiological standards. Some ports of entry interpret standards in a stricter way than others, and importers have learnt to avoid them. There is no standardization of approach except an ad hoc network of border inspectors. A Commission working group was convened on this issue in December 2001 with a view to investigating ways of improving this situation.

 

18. New directives set out the detailed sampling methods, sample treatment, screening and analysis for determination of dioxins and similar environmental contaminants in foods and animal feedstuffs. Note that commercially available kit-based bioassays are not considered suitable.

 

19. Regulation 2377/90 (permitted veterinary substances) was amended permitting use of the antibiotic Azagly- nafarelin in Salmonidae (except where eggs are produced for direct human consumption).

 

20. In a speech setting out future policy on food labeling, Commissioner Byrne reiterated the Commissions intention to abolish the “25% rule” (so that the composition of all compound ingredients in food will have to be declared), and new more stringent labeling of allergens (including fishery products).

 

21. The Commission has announced a new system in which current applications for registration of a product as a 'Protected Designation of Origin' (PDO), a 'Protected Geographical Indication' (PGI) or a 'Traditional Speciality Guaranteed' (TSG) can be consulted on the web site of the Directorate-General for Agriculture.

 

 

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