EUROPEAN PARLIAMENT
12 November 1999
DRAFT REPORT
on the communication from the Commission to the Council and the European
Parliament on fisheries management and nature conservation in the marine
environment
Committee on Fisheries
Rapporteur: Giorgos Katiforis
PR\381523EN.doc
PE 231.680
CONTENTS
Page
Procedural page .............................................................................................................................. 3
MOTION FOR A RESOLUTION .................................................................................................. 4
EXPLANATORY STATEMENT .................................................................................................. 9
(Opinion of the Committee on the Environment, Public Health and Consumer Policy) ..................
PE 231.680
2/12
PR\381523EN.doc
By letter of 14 July 1999 the Commission referred to the Council and Parliament a communication
on fisheries management and nature conservation in the marine environment.
At its sitting of 7 October 1999 the President of Parliament announced that she had referred this
communication to the Committee on Fisheries as the committee responsible and to the Committee on
the Environment, Public Health and Consumer Policy for its opinion.
At its meeting of 1 September 1999 the Committee on Fisheries appointed Giorgos Katiforis
rapporteur.
It considered the draft report at its meetings of 22 September, 22 November and 6 December 1999.
At the last meeting it adopted the motion for a resolution by ... votes to ..., with ...
abstention(s)/unanimously.
The following were present for the vote: ..., chairman/acting chairman; ... (and ...), vicechairman/vice-chairmen; ..., rapporteur; ..., ... (for ...), ... (for ..., pursuant to Rule 138(2)), ... and ...
The opinion of the Committee on the Environment, Public Health and Consumer Policy is
attached/will be presented orally in plenary sitting/will be published separately.
The report was tabled on ... .
The deadline for tabling amendments will be indicated in the draft agenda for the relevant partsession.
PR\381523EN.doc
3/12
PE 231.680
MOTION FOR A RESOLUTION
Resolution on the communication from the Commission to the Council and the European
Parliament on fisheries management and nature conservation in the marine environment
The European Parliament,
-
having regard to the communication from the Commission to the Council and the European
Parliament on fisheries management and nature conservation in the marine environment
(COM(1999)363 final),
-
having regard to the report of the Committee on Fisheries (A5-0000/1999),
-
having regard to the opinion of the Committee on the Environment, Public Health and
Consumer Policy,
-
having regard to its resolution on the Commission’s communication implementing the
technical measures in the common fisheries policy (A4-0270/96),
-
having regard to its resolution on the Commission’s communication on fisheries monitoring
under the common fisheries policy (A4-0277/98),
A.
whereas Article 6 of the Treaty establishing the European Community stipulates that
environmental protection requirements must be integrated into the definition and
implementation of the Community policies referred to in Article 3, with a view to promoting
sustainable development,
B.
whereas the United Nations Convention on the Law of the Sea of 10 December 1982, to
which the European Community has acceded following the assent of the European
Parliament, provides for:
-
C.
conservation of the living resources of the sea (Article 61),
utilisation of the living resources of the sea (Article 62),
the obligation to cooperate to conserve fish stocks occurring simultaneously within
the exclusive economic zones of two or more States or both within an exclusive
economic zone and in an area beyond and adjacent to it, highly migratory species of
fish and marine mammals (Articles 63, 64, 65),
the duty of States to adopt, with respect to their nationals, measures for the
conservation of the living resources of the high seas (Article 117),
cooperation of States in the conservation and management of living resources
(Article 118),
conservation of the living resources of the high seas (Article 119),
conservation and management of marine mammals in the high seas (Article 120),
whereas the Agreement on the implementation of Part XI of the Convention on the Law of
the Sea seeks to prevent the destruction of marine flora and fauna and to monitor fishery
activities,
PE 231.680
4/12
PR\381523EN.doc
D.
whereas, in 1996, the Community signed the Agreement to Promote Compliance with
International Conservation and Management Measures by Fishing Vessels on the High Seas
and, in 1995, the Code of Conduct for Responsible Fisheries, the aim of which is to
conserve, manage and develop living resources on the basis of behavioural principles and
methods,
E.
whereas the Community is a signatory to the UN Agreement on the conservation and
management of fish stocks which move within and outside exclusive economic zones and
stocks of highly migratory species,
F.
whereas the Community has acceded to a large number of international fisheries conventions
and is a member of international bodies formed on the basis of those conventions, one of the
aims of which is the conservation and management of living resources,
G.
whereas every horizontal legal or administrative measure currently adopted in the fisheries
sector, both at international and Community level, also incorporates provisions for the
conservation and protection of fishery resources and the marine environment,
H.
whereas Article 2 of Regulation 3760/92 establishing a Community system for fisheries and
aquaculture states inter alia that the general objectives of the common fisheries policy is to
protect and conserve marine living resources and to provide for rational and responsible
exploitation on a sustainable basis,
I.
whereas Regulations 2847/93 and 2846/98, establishing a control system applicable to the
common fisheries policy, provide the entire legal framework required for monitoring
fisheries to attain the above objectives,
J.
whereas a fundamental plank of the common fisheries policy is to attain and maintain
appropriate levels of fishing both in relation to commercial stocks and all other living
resources,
K.
whereas the monitoring and supervision of fisheries and the marine environment are the
cornerstone of the fisheries management and marine environment conservation policy and
whereas current methods of monitoring and supervision provide sufficient guarantees to
prevent and take action against infringements,
L.
having regard to the Union’s great responsibility as a producer, importer and consumer of
vast quantities of fishery products for the management and conservation of fishery resources
and protection of the marine environment,
M.
whereas the albeit belated concern for fish stocks and the marine environment must form an
integral part of international fisheries agreements concluded by the Community,
N.
whereas the fishing capacity of a modern fishing vessel is many times that of an old or
traditional type of vessel and whereas modern techniques of locating and catching fish have
developed to such an extent that they offset the reduction in stocks, thereby exerting even
greater pressure on remaining stocks,
PR\381523EN.doc
5/12
PE 231.680
O.
whereas, in addition to reducing the number of fishing vessels, the number of days they
spend fishing and the efficiency of their methods, a concerted effort to reduce the pressure on
fish stocks requires strict checks on the size of the catches landed and their marketing,
P.
whereas certain indiscriminate methods of fishing alter the nature of the seabed, destroy fish
spawn and eradicate fish and organisms which have no commercial value but which
constitute an integral part of the marine environment and its food chain,
Q.
whereas small-scale inshore fishing is an excellent example of sustainable, marine
environment-friendly development,
R.
whereas the ‘beach culture’ of recent decades has taken a heavy toll of the coastal
environment, which can only be remedied through an integrated approach,
S.
having regard to the fundamental role played by fish breeding-grounds such as lagoons and
estuaries in conserving fish stocks and the marine living environment,
T.
whereas the NATURA 2000 network is consistent with small-scale fisheries which are
controlled in terms of area and time, and extensive aquaculture,
U.
having regard to the contribution of scientific knowledge and research in heightening
awareness of the problems and risks inherent in irresponsible fishing and enterprise, and in
taking appropriate measures to manage marine living resources,
1.
Calls on the Commission and the Member States to heighten awareness of the extent of the
problem of fishery resources management and conservation both within and outside the
Union and faithfully to implement the letter and the spirit of Community and international
legislation in respect of the conservation, exploitation and protection of marine living
resources, and of the requisite mutual cooperation;
2.
Calls on the Commission to inform Parliament in a separate communication of its opinion as
to whether fish stocks may be regarded as free or scarce goods and, in the latter case, to
devise a realistic system of property, leasing, pricing and taxation rights to facilitate the
rational economic use of the goods;
3.
Calls on the Commission not to hesitate to use the appropriate legal means within its powers
whenever it detects a breach of the obligations of the Member States or third countries in the
fisheries sector and to advocate in every international body that sanctions be imposed on any
states not complying with its statutory principles;
4.
Calls on the Commission and the Council to insist consistently that any fisheries agreements
concluded on behalf of the Union must incorporate the international rules governing the
management and conservation of fishery resources;
5.
Calls on the Commission to use appropriate legal and technical measures to restrict the
effectiveness of the Community fleet and to take an international initiative to persuade the
other major fishing powers in the world to follow suit;
PE 231.680
6/12
PR\381523EN.doc
6.
Calls on the Commission to ensure that current Community measures to reduce the intensity
of fishing include, as a matter of absolute necessity, the establishment of appropriate ceilings
for each commercial species and stringent checks on those ceilings when catches are landed;
7.
Calls on the Commission and the Member States to strengthen by every means possible the
monitoring and supervision of fisheries, increasing the relevant appropriations in the budget
in order to monitor at close quarters the unloading of catches at Community fish docks,
transfers of catches between fishing vessels and the marketing of fishery products;
8.
Calls on the Council to confer on Community inspectors the same powers and
responsibilities as national inspectors;
9.
Calls on the Commission to propose a definitive ban on the use and sale of fishing gear
which alters the nature of the seabed, destroys fish spawn and does not select the target
species to the full extent that is possible;
10.
Calls on the Commission to propose that fishing vessels of more than 10 metres engaged in
non-industrial inshore fishing should be covered by the fishing industry’s satellite monitoring
system, that traditionally-built wooden fishing vessels should be exempt from that system
and that non-industrial inshore fishing should be protected as an activity which promotes the
goals of sustainable development;
11.
Calls on the Commission to take account of factors other than the length, capacity and
engine-power of vessels in measuring their fishing capacity;
12.
Calls on the Commission to speed up and strengthen the establishment of the NATURA
2000 network in habitats of Community interest by involving the non-governmental
organisations specialising in protection of the environment and natural resources;
13.
Calls on the Commission to propose the introduction of a European prize for excellence to be
awarded to national operators, researchers, non-governmental organisations, fishermen and
members of the public for their services and their contribution to sustainable management of
fish stocks and the natural marine environment;
14.
Calls on the Commission to step up the adoption of measures to combat the effects of
aquaculture on the marine environment, including:
-
-
15.
a ban on the establishment of enterprises engaged in intensive aquaculture in
enclosed sea areas in which the waters renew slowly, and in estuaries,
more rigorous scientific monitoring of aquaculture in terms of the possible effects on
the local marine ecosystem of setting up an enterprise, the possibility of transmitting
disease and the quality of the food produced,
an obligation on entrepreneurs to clean the seabed in the area covered by their
operations;
Calls on the Commission to launch an information campaign for fishermen and consumers to
make them aware of the risks involved in the unthinking exploitation of fishery resources for
the survival of fishing as an occupation for future generations, and to train them in
sustainable development methods;
PR\381523EN.doc
7/12
PE 231.680
16.
Awaits with particular interest the final report from the demonstration programme on
integrated coastal zone management, particularly in regard to the impact of recreationall
fishing, both surface and underwater, on the conservation of certain stocks;
17.
Calls on the Commission to propose a special tax scheme for users of maritime coastal zones
designed to achieve a balance between private gain and the social cost of their use;
18.
Calls on the Commission to disseminate information about the proliferation in the
Mediterranean Sea of the algae caulerpa taxifolia and, in particular, on the impact thereof on
inshore fishing and marine flora and fauna;
19.
Strongly supports financial aid for scientific research, particularly with regard to the
dissemination of research findings to interested parties through the organisation of seminars
bringing together the scientific community, businessmen and fishermen, and the presentation
of the problems involved to the non-specialist audience through television and the press to
heighten consumer awareness of the scale of the danger threatening marine ecosystems and
the security of fish stocks;
20.
Instructs its President to forward this resolution to the Council and the Commission.
PE 231.680
8/12
PR\381523EN.doc
EXPLANATORY STATEMENT
INTRODUCTION
The communication on fisheries management and nature conservation in the marine environment is
an attempt by the Commission to show its good intent. The communication sets out objectives and
intentions, there is reference to continuing efforts in the area of control and supervision, new
technical measures in regard to selectivity of fishing gear, monitoring the implementation of current
legislation etc. At the same time however, allusion is made to the inability to enforce current
legislation. But ways and means do exist. The Commission has the right to intervene to ensure that
Community legislation is correctly implemented and therefore has at its disposal an entire arsenal of
binding provisions, measures and decisions, international and Community, applicable to fisheries
and protection of the marine environment. The European Court of Justice and the International
Tribunal set up to implement the Law of the Sea are the instruments. There are, of course, major
difficulties involved. However, if the Commission continues to procrastinate, the management and
conservation of fish stocks and marine living resources will soon resemble an area of activity
completely regulated by law which, for various reasons, however, remains a dead letter.
In order for the Commission to carry out its duties, therefore, it must do its utmost to create the
essential political will in the Council. This report aims to support it in that endeavour.
REDUCTION OF FISHERIES PRESSURE
It should be emphasised that the Union’s obligations in the fisheries sector are international.
The pressure which will be exerted in the near future on fishery resources outside Community
exclusive zones in order to meet the needs of the Community market will be particularly intense.
This pressure will be exerted to a large extent by vessels flying Member States’ flags or belonging to
a Member State of the Union. The Union must therefore take a leading role in complying with
international legislation and cooperating with third states to conserve fishery resources on the high
seas and the resources within the exclusive zones of developing countries with which it has
concluded fisheries agreements. Consultation and cooperation with the major powers in the industry
– Russia, the USA, Japan, Peru and China – is absolutely essential.
The globalisation of trade diminishes to a large extent the effectiveness of controls and supervision
over fishery activities. Transshipments are very common and catches of a Member State which
cannot be imported into the Union because the TAC has been fulfilled, enter as imports or as catches
of another Member State. There is also a distinct need for international cooperation in this sector.
Seafood plays a very important dietary role in some areas of the world as it is the only source of
protein compared with the variety of foods on offer to Union citizens. The Union should not
therefore further the decline in fish stocks in those regions. According to the FAO, fish stocks in 11
of the 15 major fishing areas in the world and 69% of the main fish species are in decline and in need
of urgent management measures. For example, Atlantic cod stocks fell by 69% between 1988 and
1992. Red tuna stocks in the West Atlantic fell by 80% between 1970 and 1993. Intensive fishing of
octopus in the waters off Mauritania and Morocco has resulted in plummeting stocks, which the
income of the country’s inshore fishermen has followed. The implications of this situation in terms
of pressure on the Union for immigration are obvious.
PR\381523EN.doc
9/12
PE 231.680
A reduction in fishing pressure could also be achieved by reducing subsidies. According to the FAO,
annual subsidies amount to $74 billion and have helped to create an international fleet of twice the
size that fish stocks can support. International cooperation is imperative in this area too.
The FAO has also issued a warning that, despite progress in aquaculture, world demand for sea
products will outstrip supply by 10 to 40 million tonnes within the next decade unless measures are
taken to improve the management of fish stocks.
CONTROL AND SUPERVISION OF FISHERY ACTIVITIES
The control and supervision of fishery activities in Community waters is the key to the policy of
managing and conserving fish and other marine living resources at Community level. For them to be
implemented effectively, however, there is a need for the corresponding political will and
cooperation between Member States and sufficient funds in the budget. The Council’s refusal to
approve the Commission’s proposal to put Community inspectors on an equal footing with national
inspectors is unjustified. A team of ‘untouchables’ could make control and supervision extremely
effective.
As regards the satellite systems of vessel monitoring (VMS), although they cannot replace on-thespot checks, it is considered that these should be brought into general use and therefore it is proposed
that vessels over 10 metres long engaged in non-industrial inshore fishing should also be covered by
the system. Being aware of the cost of monitoring and of the infrastructure required, satellite
surveillance systems will only be beneficial in terms of conserving fishery resources, given that most
fish live and reproduce in coastal areas. Traditional wooden fishing vessels less than 12 metres long
should be exempt because there is a great difference between their fishing capacity and modern
vessels and because such an exemption would help preserve a traditional occupation.
Fishing in the Mediterranean is not governed by provisions on TACs. However, it would be
beneficial and in the interests of everyone to take measures now. The Mediterranean and its living
resources are not only subject to pressure from fishing but also from pollution of the marine
environment.
MANAGEMENT OF COASTAL AREAS
Recreational use of beaches, both in the Union and world-wide, has assumed vast proportions. It is
the main reason for sea and shoreline pollution. As regards the sea, it is not only the tourist industry
and the sharp rise in the use of coastal waters by leisure craft which are to blame. Recreational
fishing is constantly on the increase as is underwater fishing. The alarming fall in the number of
certain species of marine fauna cannot be unrelated to this trend. Moreover, if we take into account
that most marine flora and fauna develop and reproduce close to the coast, it is easy to understand
how important a role integrated management of the coastal environment plays in conserving the
marine environment. The Commission’s approach in this respect is correct.
CONSERVATION OF THE MARINE ENVIRONMENT
The practice of throwing unwanted incidental catches back into sea is as old as fishing itself. In
recent years, however, with the development of technology and the use of more efficient, though
highly unselective, fishing gear, it has assumed nightmare proportions. It is estimated that industrial
fishing throws back annually more than 20 million tonnes of unwanted catches, or more than one
fifth of total production, even though they are economically worthwhile and comply with regulations.
PE 231.680
10/12
PR\381523EN.doc
Obviously, such wastage of precious living resources should be kept to a minimum and one of the
most basic methods of achieving that should be to inspect vessels' fishing gear and to ban the
manufacture and sale of unselective fishing gear.
There should also be a definitive ban on fishing gear which destroys the seabed. The damage
suffered by the benthic ecosystem is far greater than any profit made from the exploitation of a
particular target species. The destruction of breeding grounds - very often those of the target species
itself – and of the flora and fauna of the seabed may have irreparable effects on the food chain of the
marine ecosystem.
The protection of natural habitats is equally essential for conserving living resources. Many species
of fish under great pressure from the fishing industry reproduce in lagoons and the estuaries.
Experience has also shown that small-scale fisheries limited over a period of time and extensive
aquaculture restricted in area are not incompatible with the need to conserve the natural
environment. It is proposed that European prizes for excellence should be created for the provision
of services and sound implementation of Community management programmes. These prizes might
be awarded to private or public bodies and to individual citizens. For example, the award could be
given to a researcher, a company, a fisherman, a non-governmental organisation active in the field, a
port official or other person responsible for inspection etc.
AQUACULTURE
Aquaculture in, and particularly outside, the Union is a growth sector, which bodes well for food
security and supplying the market with seafood. Unsuitable fish feed (poor quality fats), the
accumulation of waste food on the seabed, abuse of pharmaceuticals (massive use of antibiotics),
even fish escaping (the recent escape of 30 000 6-kilo salmon, for example, from a fish farm in
Vancouver in Canada or again the escape of 17 000 salmon probably smitten by contagious anaemia
from Port na Cro in Scotland cannot be beneficial either to the fauna in the area or the natural stocks
of the species) are some of the problems that must be confronted.
One of the main measures must be to prohibit intensive fish-farming within enclosed sea areas with
restricted renewal of their waters, or in estuaries, particularly when these areas are also habitats. As
regards the remains of feed on the seabed of farms, it is proposed that they be removed by suction (as
is the case with underwater archaeological excavations), since the technology is affordable and the
cost of annual cleaning is low.
TRAINING AND INFORMATION
Heightening the risk awareness of professionals in the sector is purely and simply the key to
sustainable development of their professions and for the conservation of the marine environment.
The only way to achieve this is through vocational training and information, and consumer
education. It is worth recalling in this context the ‘dolphin-safe canned tuna’ policy implemented in
the USA under pressure from environmental organisations and the informed public with the aim of
abolishing purse seine nets.
SCIENTIFIC RESEARCH
Scientific research should form the basis for fishery management and the conservation of the marine
environment. The scientific contribution of the FAO and the International Council for the
Exploration of the Sea (ICES) is invaluable for decision-making and it should not be argued that
PR\381523EN.doc
11/12
PE 231.680
their data is affected by rejected catches and unregistered landings because, in all probability, the one
offsets the other.
Finally, an attempt should be made to settle the differences between scientists and fishermen and to
find an area of common understanding and cooperation. The Commission needs to play a leading
role in this respect.
CONCLUSION
By way of conclusion, I would quote the 15th principle of the Declaration published during the UN
Conference on the Environment and Development held in Rio de Janeiro in 1992: ‘In order to protect
the environment, the precautionary approach shall be widely applied by States according to their
capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty
shall not be used as a reason for postponing cost-effective measures to prevent environmental
degradation’.
The general principles and Article 6.5 of the Code of Conduct for Responsible Fisheries also
prescribe such a preventive approach to all fishery activities.

In addition to the UN Convention on the Law of the Sea and the agreements and conventions deriving therefrom,
the Community has also signed other agreements which have given rise to the following bodies of which it is a
member:
The Commission for the Conservation of Antarctic Marine Living Resources – CCAMLR,
The Fishery Committee for the Eastern Central Atlantic – CECAF,
The European Inland Fisheries Advisory Commission – EIFAC,
The General Fisheries Council for the Mediterranean – GFCM,
The International Baltic Sea Fishery Commission – IBSFC,
The International Commission for Conservation of Atlantic Tunas – ICCAT,
The Indian Ocean Fishery Commission – IOFC,
The Indian Ocean Tuna Commission – IOTC,
The North-West Atlantic Fisheries Organisation – NAFO,
The North Atlantic Salmon Conservation Organisation – NASCO,
The North-East Atlantic Fisheries Commission – NEAFC.
PE 231.680
12/12
PR\381523EN.doc