Legal aspects of the fishing industry in the European Community

Abstract

The aim of this thesis is to set out some legal information which is necessary for an understanding of the Common Fisheries Policy and European fisheries law. I will give a brief sketch of the legislation concerning the European fishing and aquaculture industry, and throughout this study I will highlight the way in which legislation in this field helps maintain a balance between the needs of the various EU Member States and the needs of the European fishermen at large. The first Chapter will delve into the nature and scope of fisheries law in the European Community. The evolution of the Common Fisheries Policy will be outlined as well as the jurisdiction of the EC fisheries law in both its territorial as well as its personal scope. The milestones of the Common Fisheries Policy need to be set forth for a considerate understanding of the fisheries sector in the EU. An examination of Regulations which have marked this policy through time will reflect the decision making and developments under European law. Insight into structural measures, access rights and conservation policies will be given for thorough understanding. With the reform of the Common Fisheries Policy in 2002, fisheries management in Europe has entered a new phase. This is an ever-changing sphere of legislation and is growing evidence of a much closer integration of conservation and structural policies. I will delve into the evolution of the Common Fisheries Policy, the importance of the 2002 CFP Reform, and the renewal of the sector. The European Union must walk a fine line between conserving the short-term future of the fisheries industry and the long-term survival of fish stocks. A chapter will discuss the conservation and sustainable fishing and the resultant environmental impact. Marine biologists often disagree over the best ways to conserve declining fish stocks worldwide. The importance of total allowable catches, as well as the use of selective fishing gear, and discards of fish will be addressed. I will then discuss enforcement measures taken up by the Control Regulation as well as the system of Monitoring Control and Surveillance. The importance of these enforcement measures is essential for a proper implementation of the rules which regulate the fishing industry in Europe. Matching supply and demand between suppliers and consumers is the fulcrum for the proper functioning of a common market of fish products within the EU. I will therefore need to explore the trade and market measures which act as trend setters in the industry and highlight how legislation maintains a competitive fisheries industry within the . European Union. Thus insight into the importance of eco-labelling schemes for fish and other marine products, product certification, import bans and catch documentation schemes are just an example. The European Union's competence for fisheries is not restricted to Community waters. I will analyse steps pointing towards the combating of 'professional' illegal, unreported and unregulated (IUU) fishing, managing distant waters fishing and controls over rampant overfishing, which ultimately also form part of the CFP. An essential point to be made is that European fishing laws do not emerge or operate in a vacuum, but on the other hand are heavily influenced by international conventions, organisation policies and the like. Thus, each chapter cannot fail to mention a relationship with the international scenario, and highlight the manner in which they intertwine and relate together. Finally, I will focus upon the European fishery legislation with special regard to measures taken or which ultimately could be taken to combat dwindling fish stocks. A recurring question throughout this thesis which I will attempt to answer will be: do CFP laws ultimately provide for long-term sustainability?