Joint Committee on the Secondary Legislation of the European Communities díospóireacht -
Wednesday, 11 Jun 1980

Common Fisheries Policy.

Deputy Smith

Our Sub-Committee decided to make this report in order to recall the background to the negotiations on the new common fisheries policy for the EEC, to summarise the Commission's proposals and to indicate in broad outline how we would like to see the more important relevant issues resolved for our own country.

Paragraph 3 shows what the original common fisheries policy was and, paragraph 4 how it changed after the Treaty of Accession when the principle of equal conditions of access was retained subject to an important ten year derogation under which Member States were permitted to reserve fishing in a six-mile coastal zone exclusively for "vessels which fish traditionally in those waters and which operate from ports in that geographical coastal area." In respect of specified areas off the coasts of Denmark, France, Ireland and the United Kingdom the six-mile zone was increased to 12 on condition that, as regards fishing activities therein, there would be "no retrograde change by comparison with the situation on 31 January, 1971".

Paragraph 5 shows how far behind we are really. While the Third United Nations Law of the Sea Conference was still in progress it became clear early in 1976 that the United States, Canada, Norway and some other states were planning to extend their fishing limits to 200 miles. This conference focused attention on the critical state of fish stock all over the world and forced the Council of Ministers to move, as it did on 3 November 1976, to recommend the extension of fishing zones to 200 miles of the North Sea and the North Atlantic coasts. In the main, with the exception of Belgium, all countries did this. The increase in the fishing limits obviously meant that the revision of the existing fisheries policy was urgent. The proposed regime to regulate fishing within the Community would include the following: (a) conservation measures including restriction of fishing; (b) fixing of a total allowable catch (TAC) for species of fish or a group of related species; (c) fixing quotas or the volume of the overall catch that may be taken by individual member states; (d) a licensing system involving the registration of fishing vessels and their skippers, (e) reporting by member states to the Commission on the operation of conservation measures, quotas and licences and supervisory measures to be adopted by the council; (f) structural measures involving EAGGF aid for investment in vessels, fish farming and training of personnel; (g) limitation of access to inshore waters, and (h) scientific research and advice.

Although the Council has as yet been unable to reach agreement on an internal fisheries regime it is understood that broad agreement on many aspects of the Commission's proposals should not be unduly difficult to reach if the main problem were solved. This centres on the question of exclusive national limits. The quotas problem could be more easily resolved if the question of the exclusive national zone was decided. Already this year the Council has adopted regulations fixing total allowable catches for 1980 and adopting a system of recording catches and reporting by the member states theron to the Commission. The Irish fishing industry is unique in the Community in that it is still only at a developing stage.

Chairman

This is the big point.

Deputy Smith

Most other countries have over-fished their own resources and some of the proposals for restructuring would be to gradually ease people out of fishing whereas we are at the other end of the scale completely as we are trying to encourage more intensive fishing and more investment in fishing. The Hague resolution recognises this special position and it is the sub-Committee's opinion that it is vital that the commitments be maintained to develop and expand our fishing industry.

Chairman

Is that a quotation from the protocol you have made in paragraph 10?

Deputy Smith

It is from the Hague Resolution. The Joint Committee would be concerned if negotiations on this issue were allowed to drag on after the end of 1982 when the ten year derogation provided for in the Act of Accession expires. It should therefore welcome the Council's announced intention to resolve the matter before the end of this year. In the interest of Irish fishermen the Joint Committee should like to see the widest possible exclusive coastal band that is negotiable. Within the exclusive coastal band special rights of other member states should be phased out as far as possible, as the Commission suggested in its original proposals in 1976.

Chairman

These special rights are the kind of traditional rights for boats coming from Spain or places like that to particular areas. The Commission suggest these should be phased out?

Deputy Smith

It is obviously something we have to work towards but it will be very difficult.

Senator Robinson

Was there any consideration of the provisions of Article 103 of the Act of Accession which requires the Commission to present a report to the Council? Article 103 provides that before 31 December 1982 the Commission should present a report to the Council on the economic and social development of the coastal areas of the member states and the state of stocks. On the basis of that report and of the objectives of common fisheries policy, the Council, acting on a proposal from the Commission, should examine the provisions which could follow the derogations in force until 31 December 1982. The report has to be completed and decisions taken by the end of December 1982. This Committee should know whether the Commission has embarked on the study and how it is approaching it, who it is consulting and what the nature of the study is.

Chairman

Are you quoting from the Treaty?

Senator Robinson

The Act of Accession, Article 103. It is a very important provision of the Act of Accession. It is linked in with the common fisheries policy. I probably should have put in some written amendment referring to it. We are talking about the area of conservation of fisheries resources and the Joint Committee ought to refer to the requirement of the Commission to carry out a study and present a report to the Council on the economic and social development of the coastal areas of the member states and the state of stocks. On the basis of that report there will be further steps taken. This links in with what has already been mentioned in the report, the developing state of the Irish fishing industry and the importance of both conserving stocks and building up our coastal fishing industry.

Chairman

I have noted in the earlier paragraphs of the report that between December 1972, when the Treaty of Accession was signed, and 1976, the three-mile limit had developed first into six, then to 12 and then to 200. Setting up a committee to write rules for a small pond would be rather different from running the Atlantic Ocean. I do not know whether that provision would be apt any more for the Community now. It is related to a six mile stretch, but now it is 200. Maybe some intelligible reference to the provision might be better.

Senator Robinson

I am not an expert on this area but it still remains, first of all, a very important legal requirement because the Commission is bound to do it. That is in the Act of Accession. The economic and social development of the coastal areas of member states is of great importance to Ireland. We want that studied and appreciated. The state of our stocks is of great importance, and the extension of our fishing limits to 200 miles may adversely affect those stocks. This is clearly more in mind by the Commission at the moment in laying down overall limits on TACs. I would like our report, since we are reporting on the common fisheries policy, to refer to the requirement that the Commission undertake a study and that we would like to have early consideration given to the great necessity for this study.

Chairman

Could that be included in an additional sentence to paragraph 16, 17 or paragraph 18, where you deal with conservation of fishery resources? We could draw attention to the commitment as set forth in the Article——

Senator Robinson

We could say that the Joint Committee had been concerned that negotiations on this issue might be allowed to drag on until after the end of 1982 when the derogations provided for in the Act of Accession expire. Whatever new regime is put forward will be side-stepped on the basis of the report of the Commission.

Chairman

Where does Senator Robinson suggest it might go? In paragraph 13?

Senator Robinson

There is a reference in paragraph 13 to the Act of Accession and to the derogations that exist until the end of 1982.

Deputy Noonan

I do not think it is proper that we should accept an amendment to the report as it stands.

Chairman

If any member objects to the taking of an amendment Deputy Noonan would be right but we could all agree, if we thought it was something that would improve the document.

Deputy Noonan

Some of us would like an opportunity of studying the amendment as to how it will affect the overall report.

Chairman

As that point has been made I will have to take account of it. We will all have to read these things earlier than we do.

Senator Robinson

As I stated, I ought to have this in written form. We ought to be concerned about that obligation to carry out a study and we ought to be urging that the study be carried out.

Chairman

Senator Robinson's point will be made in the report of these proceedings.

Deputy Smith

Paragraph 14 refers to the fixing of the total allowable catch for each different species of fish being based on scientific advice and, as the Council has adopted a Regulation fixing TACs for 1980, the Joint Committee assumes that there is now general acceptance of the method employed. The Joint Committee considers that from Ireland's point of view the Irish quota must allow for the continued and progressive development of the industry in this country in accordance with the Hague Resolution. Then we come to the major problem, the conservation of fishery resources and, because of the imbalance of the catching power and the available and sustainable stocks of fish in the EEC, the necessity for a progressive policy in this area.

Chairman

Is the Deputy not going to tell us about the "Norway Pout Box"?

Deputy Smith

I will mention that later. Apart from emergency measures the Commission's proposals would allow member states, with the Commission's agreement, to take its own measures for the conservation and management of fish stocks of interest to local fishermen only. The Joint Committee considers this a very necessary provision and hope it will be adopted. In the course of our deliberations with the Irish Fishermens Organisation Ltd. they said that they felt strongly that there should be a ban on the use of purse seines in the Irish 200-mile zone as a prelude to a total European ban on this method of fishing. We have been advised that, while purse seining is considered to be a very efficient method of fishing, the technical advice available is against an outright ban.

Paragraph 18 deals with enforcement. A draft Regulation proposed by the Commission provides for each member state to police the common fisheries policy within its own 200-mile zone, for the maintenance of log-books by skippers, for the designation of landing places and so on.

Paragraph 19 refers to recognition of our special position and the member states adopting, on 25 July 1978, Decision 78/640/EEC, providing for a Community contribution towards the cost of inspection and surveillance in Irish and Greenland waters. Up to the end of 1982 the Community is to re-imburse 46 million EUA of Irish expenditure.

Paragraph 20 points out that the Irish Fishermen's Organisation Ltd. is dissatisfied with the Commission's proposals on enforcement. They suggest the creation of a corps of observers who would go on board at least some of the bigger vessels. We saw merit in the suggestion that official observers be placed on board vessels at least periodically to ensure that regulations are being observed and that the fishermen be assured that whatever rules are agreed upon are in the main observed by all. Some of the structural measures are not of direct interest to Ireland because of our stage of development in fishing generally.

Chairman

Is this to deal with the problems created for the bigger countries?

Deputy Smith

This is correct. In paragraph 24 we state that we were not concerned with the marketing policy in the report. However, we considered the problem of fishermen being unable to dispose of their produce at economic prices because of competition from low priced imports, mainly from third countries. This was highlighted by the organisations when we met them and, obviously, it is a matter which requires a lot of attention. I should like to acknowledge our indebtedness to the two bodies representing Irish fishermen and to the Department of Fisheries for their help.

Chairman

I should like to ask what is meant by "the selling of withdrawn fish through unofficial channels." What happens to that? Does that mean some sort of irregular fishing? Are there official channels? Are they not let into the market at all?

Senator Mulcahy

They would rather dump them.

Deputy Smith

It shows the extent to which the management of the home market situation is absurd in many ways.

Senator Robinson

I should like to ask a question arising out of whether the United Kingdom has definitely agreed to abide by a common fisheries policy. It is not clear from our report whether that political consent is there. This has been one of the problems. I understand the other eight are prepared to go along.

Chairman

At the time of drafting it was implied that it was not. You would not know what to believe.

Senator Robinson

I thought that Britain had accepted the regime of a common fisheries policy as part of the present negotiation on the budgetary situation.

Deputy Smith

The indications are, yes.

Chairman

The question of quotas depends on the question of zones and that question had not been solved. therefore, it is on the excuse of national limits not having been established that the quotas have been a problem. I thought that is what it all meant. There may have been some change in this.

Deputy Smith

The Council agrees that the completion of the Common Fisheries Policy is a concomitant part in the solution of the problems with which the Community is confronted at present. To this end the Council undertakes to adopt, in parallel with the application of the decisions which will be taken in other areas, the decisions necessary to ensure that a common overall fisheries policy is put into effect at the latest on 1 January 1981.

Senator Robinson

Did that statement emerge from the negotiations on the British effort?

Deputy Smith

Yes, just this past week.

Senator Robinson

As I understand it, this has been the great hold-up because Britain has been the single country not prepared to accept a common fisheries regime.

Deputy Smith

The statement of last week indicated that the fisheries policy would come into effect at the latest on 1 January 1981.

Senator Robinson

I take Deputy Noonan's point that it is not appropriate to make amendments.

Senator Mulcahy

An amendment may be made if, in the opinion of the Chair, it is reasonable to do so.

Chairman

If the Chairman wants to make his own report.

Deputy Smith

By stating that they will have to have it by January 1981, I think they have reached a measure of agreement in the negotiations so far which makes that possible now and it did not seem to be possible before.

Senator Robinson

The only point—I do not press it at all—is that this is all so much a part of the problem of a common fisheries policy and our report is a very polite one; we have not referred to the intransigence of our neighbours next door in the earlier stages of the common fisheries policy. Maybe that is as it should be. I would hope that now there is a very firm commitment by the United Kingdom to allow the Community to develop a common fisheries policy.

Senator Mulcahy

I support publicly the need for a common marketing policy. We have a Common Agricultural Policy and some better market regulation is needed on the fish side very badly.

Paragraphs 1 to 25, inclusive, agreed to.

Draft Report agreed to.

Ordered: To report accordingly.