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EVALUATION of the FISHERIES CONTROL REGULATION Fisheries Control Policy DG MARE - European Commission Regulation (EC) 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy


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EVALUATION

  • f the

FISHERIES CONTROL REGULATION

Fisheries Control Policy DG MARE - European Commission

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Objective

Implement a sufficiently specified and uniform policy for the control system of Member States fishing activities in

  • rder to ensure the effective implementation of the CFP

rules, for assuring sustainable exploitation of living aquatic resources, and reduction of overcapacity

Regulation (EC) 1224/2009 establishing a Union

control system for ensuring compliance with the rules of the common fisheries policy

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Control Regulation (art. 118(3)) Evaluation of the impact of the Regulation on the common fisheries policy 5 years after the entry into force Control Regulation (art. 118(1) &

  • art. 118(2))

5 years report from the Member States to the Commission on the application of the Regulation Report from the Commission to the European Parliament and the Council on implementation REFIT (SWD(2015)110

  • p. 124

Assessment of whether the Regulation is fit for purpose by focusing on simplification and regulatory burden reduction aspects

Why an evaluation?

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Stakeholders consultation

➢ 5 Year Reports from Member States ➢ National visits to Member States ➢ External study (consultant) ➢ Public consultation December 2015-March 2016 ➢ Workshop with Advisory Councils, NGOs and industry associations ➢ Workshop with the European Parliament ➢ Commission's appreciations (results from Commission audits, verification missions, inspections)

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Results of the evaluation

Implementation: rather (but not fully) positive MSs have generally implemented the main provisions

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Impacts: positive

  • Improvement of behaviours and compliance with CFP rules
  • Increase level playing field among operators
  • Increase quality of catch data
  • More collaboration among Mss
  • Simplification of the legislative framework
  • Decrease in administrative burden
  • Appreciation of the EFCA
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❖ Relevant to promote culture of compliance with the CFP ❖ Add EU value in increasing level playing field among

  • perators and Member States

❖ Coherent with other fisheries legislation and other policies, but synergies should be increased (e.g. CFP–LO, MSF) ❖ Effective and efficient: positive role of VMS, ERS, Risk analysis, SCIPs/JDPs, inspection standards, training. Deficiences in sanctions and point system, control and reporting of small vessels, traceability ❖ Administrative burden decreased

Results of the evaluation

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DISCUSSION

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PROMOTION OF THE LEVEL PLAYING FIELD

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Appropriateness of provisions in CR Implementation VMS ERS Inter-operability issues (data exchange between MSs) Vessels 12-15m Derogations undermine level playing field Difficulties in data exchange between MSs Vessels <10m Exemptions undermine level playing field Difficult control Uncertainties on catch data

Assessment

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Appropriateness of provisions in CR Implementation Catch Data and Fishing Efforts Discrepancies between reported data Traceability Difficulties of inter-

  • perability among MSs

Difficulties in data verifications Recreational Fisheries Lack of provisions No catch data

Assessment

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DEVELOPMENT OF A CULTURE OF COMPLIANCE AND RESPECT OF THE COMMON FISHERIES POLICY RULES

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Appropriateness of provisions in CR Implementation Risk management

Not uniform

application at EU level Differences in criteria applied SCIPs/JDPs Sanctions Serious infringements national criteria undermine level playing field

Assessment

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SIMPLIFICATION AND REDUCTION OF ADMINISTRATIVE BURDEN

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Appropriateness of provisions in CR Implementation Simplification of the regulatory framework respect to previous system

un-clarity of some

provisions Reduction administrative burden respect to previous system too many derogations provided

Assessment

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Conclusions

(+) MS have generally implemented the main provisions of the CR

  • (+) The CR has helped stepping up a culture of compliance with

the CFP

  • (-) However there are a number of shortcomings:
  • 1. 1) Incomplete implementation of certain (key) rules (e.g.

sanctioning system). This would require additional effort from the MS

  • 2) The Regulation is not entirely fit for purpose

This would require a revision of the legislative framework, which was beyond the scope of this evaluation

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Next steps: address shortcomings

➢ Implementation: D4 work programme ➢ Legislative framework: launch of the revision

Lack of aligmnent CFP Sanctions and point system Follow up of infringments Control and reporting catch data small vessels Data exchange and data sharing Rigidity of some provisions

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Next steps for the revision: stakeholders consultation

➢ Council Working Party 26 April 2017 Comments received from DE and ES ➢ Expert Group on Fisheries Control 7 June 2017 ➢ EP PECHE committee 22 June 2017 ➢ Compliance Group on Fisheries Control 5 July 2017 ➢ Advisory Councils ➢ Public consultation on proposed options

Take into account ECA Report EU fisheries controls: more efforts needed EP Report how to make fisheries uniform EFCA Recommendations stemming from its 5years evaluation

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Th Thank nk you you fo for r you your att ttenti ention

  • n

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