The European Commission has tabled a proposal for the creation of an EU Fisheries Control Agency as a key part of the drive to improve compliance with the rules under the 2002 reform of the Common Fisheries Policy (CFP). The Agency will strengthen the uniformity and effectiveness of enforcement by pooling EU and national means of fisheries control and monitoring resources and co-ordinating enforcement activities. This operational co-ordination will help tackle the shortcomings in enforcement resulting from the disparities in the means and priorities of the control systems in the Member States. The Agency will organise the deployment of national control and inspection means according to a European strategy. Its tasks and mandate will be defined in close co-operation with the Member States in accordance with EU objectives and priorities. Last December, the European Council welcomed the Commission's intention to propose the creation of the Agency and decided that it would have its seat in Spain.
“The creation of this Agency is a clear signal that more uniform and effective enforcement of the rules is a priority for the new CFP. The Agency will hasten the establishment of a level playing field in control which is key to better compliance, essential to the effectiveness of CFP measuresâ€, Franz Fischler, Commissioner responsible for Agriculture, Rural Development and Fisheries said.
Operational co-ordination
The Agency will organise the joint deployment of the national means of control and inspection (surveillance vessels, aircraft, vehicles and other equipment as well as inspectors, observers and other staff) according to an EU strategy. Joint deployment plans will be agreed by the Agency and the Member States concerned on the basis of identified criteria, benchmarks, priorities and common inspection procedures.
Multinational teams will be set up for inspection at sea and onshore in identified areas and on identified fisheries and fleets at given times. The Member States concerned will adopt the necessary measures to undertake the joint control and inspection activities.
The Agency will provide support to the Member States in meeting their responsibility not only in EU waters but also in relation to fisheries agreements concluded with non-EU countries. It will also be active on the high seas under international control and inspection schemes agreed within the framework of Regional Fisheries Organisations such as the North-west Atlantic Fisheries Organisation (NAFO) or the North-East Atlantic Fisheries Commission (NEAFC).
The tasks involved will also include training of inspectors, provision of equipment and services for control and inspection, co-ordination of the implementation of joint pilot projects to test new control and inspection technologies, development of joint operational control procedures or establishment of criteria for the exchange of means of control and inspection.
In addition, the Agency may offer contractual services, which Member States will be able to request and for which they would be charged. These services may range from chartering and manning an inspection vessel to contracting observers on board fishing vessels.
To help the Agency in its tasks, an EU fisheries monitoring centre using satellite tracking technology to provide information regarding the location and movements of EU vessels will be established.
Towards a level playing field
The creation of the Agency will not change the obligations of the Member States in enforcing CFP measures or those of the European Commission in ensuring that Member States fulfil these obligations. The Agency will undertake operational co-ordination to help both the EU and Member States fulfil their control and inspection obligations, an activity that is not part of the core tasks of the European Commission.
As well as strengthening the effectiveness of control and monitoring, the Agency's activities will improve the flow of information between and among the Member States and the Commission. It will also lead to better relations between the EU and its international partners by centralising contact points and promoting more uniform control and inspection methods.
Structure of the Agency
The Agency will have an Administrative Board made up of representatives of the European Commission, the Member States and the fishing industry. The Board will establish a Work Programme for the Agency. It will also appoint the Executive Director. The Agency will have a staff of 49.
Background
Member States are responsible for ensuring that all CFP rules are enforced on their territory, in the waters under their responsibility and by the fishing vessels flying their flags wherever they operate. Gaps and weaknesses in the control systems in place in the Member States result in uneven enforcement eroding stakeholders' willingness to comply with the rules, which in turn undermines the effectiveness of conservation measures. The 2001 Green Paper on the CFP reform looked at the creation of a joint inspection structure as a way of ensuring effective implementation of CFP measures. In its proposal on the CFP reform, the Commission proposed the setting up of such a structure by 2004.
Ensuring a level playing field in enforcement is one of the pillars of the 2002 CFP reform. To ensure that Member States' control and inspection activities are well co-ordinated, it is necessary to establish a permanent structure, in the form of an Agency, for operational co-operation between Member States.
A number of measures to strengthen control and enforcement were taken in December 2002 as part of the first package of reform regulations. In March 2003, the Commission presented a Communication setting out a two-step approach to improve co-ordination between and among the EU and national enforcement authorities.
First, it foresaw the integration of national control strategies into a coherent EU strategy through the implementation over a two-year period of an Action Plan for co-operation among enforcement players. Second, it set out the path for the creation of a Community Fisheries Control Agency, which the Commission is now proposing.