Fisheries Policy

The EU’s common fisheries policy

Regulation (EU) No 1380/2013 on the common fisheries policy

The regulation contains the basic rules of the EU’s common fisheries policy (CFP).
It aims to:
bring fish stocks to sustainable levels
end wasteful fishing practices and
create new opportunities for growth and employment in coastal regions.

It has applied since 1 January 2014.

KEY POINTS

The CFP focuses on the following issues.

Fishing must be practiced at levels that do not threaten the reproduction of fish stocks while maximising fishermen’s catches. Fishermen must respect the ‘maximum sustainable yield’ (MSY): they must not fish more than what a given stock can produce in a given year. Fishing levels must conform to MSY levels for all stocks by 2015, if possible, and no later than 2020.

The CFP aims to stop the practice of returning unwanted catches to the sea, which is called discarding, by introducing the landing obligation. The implementation of the landing obligation has been gradually phased in from 2015 through 2019 and is now fully in force. Fishermen are required to land all catches of regulated commercial species on-board.

Multiannual plans set targets for the management of fish stocks (mortality rates by fishing type and/or size of the stock in question). EU fisheries are governed by the precautionary principle in order to limit the impact of fishing activities on the marine ecosystem. Because the preparation and adoption of multiannual plans or management plans that include discard plans takes longer than originally envisaged, Regulation (EU) 2017/2092 amends Regulation (EU) No 1380/2013 to empower the European Commission to adopt discard plans in the absence of multiannual plans or management plans.

Catch limits and minimum sizes are laid down for certain species of fish, such as bluefin tuna and, if caught, these species must be landed on vessels, recorded and counted against quotas, where applicable.
EU countries must ensure the balance between fleet capacity (number and size of vessels) and fishing opportunities. If an EU country finds overcapacity in a segment of its fleet, it must develop an action plan to reduce it.

The CFP decentralises decision-making by bringing it closer to the fishing grounds (known as regionalisation). The regulation provides for the establishment of advisory councils for each of the geographical areas to ensure a balanced representation of all stakeholders.
Artisanal fisheries receive special support because they are an important aspect of cultural identity of many coastal regions. EU countries may continue, until 2022, to limit fishing in waters up to 12 nautical miles offshore.

EU countries must support the development of sustainable aquaculture through multiannual national plans.
EU countries are responsible for collecting and sharing scientific data on fish stocks. Any new policies must be adopted in accordance with the best available scientific advice.
New marketing standards with respect to labelling, quality and traceability allow consumers to be better informed about the origin of the fish they buy and its mode of production.

Biologically sensitive areas containing large populations of juvenile fish must be developed and strengthened.
The sustainability principle now applies to EU vessels fishing outside EU waters. The Commission is granted the power to negotiate and conclude sustainable fisheries partnership agreements on behalf of the EU with certain non-EU partner countries.These agreements:
allow EU vessels to fish for surplus stocks in the partner country’s exclusive economic zone* in a legally regulated environment in return for a financial contribution;
focus on resource conservation and environmental sustainability, ensuring that all EU vessels are subject to the same rules of control and transparency.

A fisheries control system ensures compliance with the CFP rules, including the fight against illegal, unreported and unregulated fishing. Regulation (EU) No 1026/2012 lays down the rules that apply to conserving fish stocks in countries with unsustainable fishing.

Review of the reformed CFP

Each year, the Commission adopts a communication to serve as a basis for a consultation on the fishing opportunities for the following year and to give an evaluation of how the CFP is working. The latest communication was published in June 2018. This state of play shows that the economic performance of the EU’s fishing fleet has improved and has benefitted many coastal communities. Average salaries and productivity have both increased since its introduction.

Importantly, there has also been an increase in the number of fish stocks being fished at rates consistent with the objective of achieving MSY and an associated increase in the biomass of these stocks.

BACKGROUND

The CFP was first launched in 1970. It has undergone several reforms, the most recent of which took effect on 1 January 2014.

Exclusive economic zone: an area of coastal water and seabed within a certain distance of a country’s coastline, to which the country claims exclusive rights for fishing, drilling and other economic activities.

DOCUMENTS

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the common fisheries policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, pp. 22-61)

Successive amendments to Regulation (EU) No 1380/2013 have been incorporated in the original text. This consolidated version is of documentary value only.

Commission Delegated Regulation (EU) 2018/2033 of 18 October 2018 establishing a discard plan for certain demersal fisheries in south-western waters for the period 2019-2021 (OJ L 327, 21.12.2018, pp. 1-7)

Commission Delegated Regulation (EU) 2018/2034 of 18 October 2018 establishing a discard plan for certain demersal fisheries in North-Western waters for the period 2019-2021 (OJ L 327, 21.12.2018, pp. 8-16)

Commission Delegated Regulation (EU) 2018/2035 of 18 October 2018 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2019-2021 (OJ L 327, 21.12.2018, pp. 17-26)

Communication from the Commission to the European Parliament and the Council on the state of play of the common fisheries policy and consultation on the fishing opportunities for 2019 (COM(2018) 452 final, 11.6.2018)

Regulation (EU) 2016/1627 of the European Parliament and of the Council of 14 September 2016 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, and repealing Council Regulation (EC) No 302/2009 (OJ L 252, 16.9.2016, pp. 1-52)

Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (OJ L 316, 14.11.2012, pp. 34-37)

European Maritime and Fisheries Fund (2014-2020)

Regulation (EU) No 508/2014 — the European Maritime and Fisheries Fund

The European Maritime and Fisheries Fund (EMFF) aims to help coastal populations and those working in the fishing and aquaculture sectors to adapt to the newly reformed EU common fisheries policy (CFP) for the period 2014-2020.

KEY POINTS

Budget and priorities

With a budget of €6.5 billion for the 2014-2020 period, the EMFF aims to:

rebuild fish stocks, reduce the impact of fishing on the marine environment and gradually eliminate discards — the dumping at sea of unwanted catches — returning fish to the sea either dead or alive because they are too small, because the fisherman has no quota to catch them or because of certain catch composition rules;
support small-scale, local fishing and young fishermen;
help communities to diversify their local economy;
fund projects that will create jobs and improve the quality of life on Europe’s coasts;
support European aquaculture (fish and shellfish farming);
finance the improvement of scientific knowledge of the marine environment and the collection of relevant data so that decisions are taken based on reliable information;
strengthen fishery control programmes;
support innovative investments in fishing vessels, for example, to improve fishing gear selectivity (gear that targets and captures fish by size and species and allows other fish to be avoided or to be released unharmed);
support (under certain conditions) investments in equipment or on board aimed at reducing the emission of pollutants or greenhouse gases;
improve the marketing and processing in the fisheries and aquaculture sectors;
support the EU’s integrated maritime policy by facilitating coordination across borders and between sectors (for example maritime spatial planning, integrated maritime surveillance and improving knowledge on the state of the marine environment).

Implementation

The EMFF co-finances projects with EU countries that provide national funding. EU countries draw up an operational programme stating how they intend to spend the money allocated. Once the European Commission approves these programmes, it is up to the national authorities to decide which projects will be funded.

Since the adoption of Regulation (EU) No 508/2014, the Commission has adopted rules mainly dealing with detailed technical aspects of its implementation. These include:
how EU countries should present cumulative data on fishing operations and the information that they need to provide to the Commission;
the contents and setting up of a system to monitor and evaluate the operations that receive funding;
the format and presentation of annual reports of funded programmes;
detailed conditions on interrupting and suspending of payments to EU countries that do not comply with the CFP rules.
A full list of implementing and delegated acts is available on the EMFF website.

COVID-19 pandemic — amendment to the regulation

Regulation (EU) 2020/560 amends Regulation (EU) No 508/2014 introducing specific measures to mitigate the impact of the COVID-19 pandemic. There has been a significant drop in demand for fishery and aquaculture products following the outbreak with serious socio-economic consequences in those communities where fishing and aquaculture play a major role.
The amended regulation allows the EMFF to provide support for:
the temporary cessation of fishing activities, including for inland fishing and fishermen on foot;
certain economic losses for aquaculture producers and processing enterprises and in the outermost regions, if they are due to the COVID‐19 outbreak.
The measures may also involve providing working capital to aquaculture producers and processing enterprises, and support for producer organisations and associations of producer organisations for the storage of fishery and aquaculture products.
This regulation also allows a more flexible reallocation of financial resources within the operational programme of each EU country and simplifies the procedure for amending operational programmes.

BACKGROUND

The EMFF is the financial instrument supporting the CFP for the 2014-2020 period. It is one of the 5 European Structural and Investment Funds that complement each other and aim to promote a recovery in Europe based on growth and jobs.It has applied since 1 January 2014. The temporary measures related to the COVID-19 outbreak apply retroactively as of 1 February 2020 and are available until 31 December 2020.

DOCUMENTS

Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, pp. 1-66)

Successive amendments to Regulation (EU) No 508/2014 have been incorporated into the original text. This consolidated version is of documentary value only.

Commission Delegated Regulation (EU) 2015/852 of 27 March 2015 supplementing Regulation (EU) No 508/2014 of the European Parliament and of the Council as regards the cases of non-compliance and the cases of serious non-compliance with the rules of the common fisheries policy that may lead to an interruption of a payment deadline or suspension of payments under the European Maritime and Fisheries Fund (OJ L 135, 2.6.2015, pp. 13-17)

Commission Implementing Regulation (EU) No 1362/2014 of 18 December 2014 laying down rules on a simplified procedure for the approval of certain amendments to operational programmes financed under the European Maritime and Fisheries Fund and rules concerning the format and presentation of the annual reports on the implementation of those programmes (OJ L 365, 19.12.2014, pp. 124-136)

Commission Implementing Regulation (EU) No 1243/2014 of 20 November 2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the information to be sent by Member States, as well as on data needs and synergies between potential data sources (OJ L 334, 21.11.2014, pp. 39-51)

Commission Implementing Regulation (EU) No 1242/2014 of 20 November 2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the presentation of relevant cumulative data on operations (OJ L 334, 21.11.2014, pp. 11-38)

Commission Delegated Regulation (EU) No 1014/2014 of 22 July 2014 supplementing Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council with regards to the content and construction of a common monitoring and evaluation system for the operations funded under the European Maritime and Fisheries Fund (OJ L 283, 27.9.2014, pp. 11-19)

Commission Implementing Regulation (EU) No 763/2014 of 11 July 2014 laying down rules for applying Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund as regards the technical characteristics of information and publicity measures and instructions for creating the Union emblem (OJ L 209, 16.7.2014, pp. 1-4)

Commission Implementing Decision 2014/372/EU of 11 June 2014 setting out the annual breakdown by Member State of the global resources of the European Maritime and Fisheries Fund available in the framework of shared management for the period 2014-2020 (notified under document C(2014) 3781) (OJ L 180, 20.6.2014, pp. 18-20)

Collecting data to assist in fisheries sector management

Regulation (EU) 2017/1004 — setting out rules for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy

It sets out rules on collecting, managing and using biological, environmental, technical and socioeconomic data in the fisheries sector* to be used for informed decision-making in sustainable fisheries management, and for the evaluation and monitoring of fish stocks and ecosystems.

The regulation repeals Council Regulation (EC) No 199/2008.

KEY POINTS

On the basis of a multiannual programme compiling a detailed list of data requirements and the list of mandatory research at sea, EU countries collect data on the fisheries and aquaculture sectors.

The data to be collected includes:

biological data on all stocks caught in EU fisheries in and outside EU waters, including eels and salmon in inland waters, to enable an ecosystem-based approach to fisheries management and conservation in line with the common fisheries policy;
data to assess the impact of EU fisheries on the marine ecosystem in and outside EU waters, including data on protected species and on the impact on marine habitats and food webs*;
data on the activity of EU fishing vessels in and outside EU waters, including levels of fishing and the capacity of the fleet;
socioeconomic data on fisheries to allow for the assessment of the socioeconomic performance of the EU fisheries sector;
socioeconomic and sustainability data on marine aquaculture and, in some circumstances, freshwater aquaculture so that its performance and environmental impact can be assessed;
socioeconomic data on the fish processing sector so that its performance can be assessed.

Each EU country must produce a national work plan, in accordance with the multiannual programme and financial rules of the European Maritime and Fisheries Fund. The national work plans are evaluated by the Scientific, Technical and Economic Committee for Fisheries and include information on:

the frequency of data collection;
data sources;
procedures and methods to collect and process the data;
quality assurance and control;
data format;
when the data are to be made available to end-usersa;
international and regional cooperation and coordination;
how the international obligations of the EU are taken into account.

The regulation also includes information on the data management process and how the data are made available, as well as the obligations of the end-users of scientific data and other interested parties.

Delegated and implementing acts

The European Commission has adopted several delegated and implementing acts in relation to Regulation (EU) 2017/1004:

Decision (EU) 2016/1251 on a multiannual EU programme for the collection, management and use of data in the fisheries and aquaculture sectors for the period 2017-2019. On 1 January 2020, this will be repealed and replaced by
Decision (EU) 2019/909 on mandatory research surveys and thresholds related to the multiannual EU programme and
Decision (EU) 2019/910 on the multiannual EU programme for the collection and management of data in the fisheries and aquaculture sectors;
Decision (EU) 2016/1701 on rules on the format for the submission of national work plans for data collection in the fisheries and aquaculture sectors;
Decision (EU) 2018/1283 on rules on the format and timetables for the submission of annual data collection reports in the fisheries and aquaculture sectors.

KEY TERMS

Fisheries sector: activities related to commercial fisheries, recreational fisheries, aquaculture and industries which process fisheries products.
Food web: interconnected food chains (feeding relationships) in an ecosystem. Plants, herbivores, and carnivores all form parts of the food web.

DOCUMENTS

Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (recast) (OJ L 157, 20.6.2017, pp. 1-21)It has applied since 10 July 2017. Regulation (EU) 2017/1004 revised and replaced Regulation (EC) No 199/2008 and its subsequent amendments.