Luxembourg, 20/04/2015 (Agence Europe) - On Monday 20 April, European fisheries ministers agreed, by qualified majority, a general approach on the proposal establishing a management plan for cod, sprat and herring stocks in the Baltic Sea.
This is the first multiannual plan under the new common fisheries policy (CFP). Negotiations with the European Parliament will now be opened (see EUROPE 11286).
To get to this general approach, the Latvian Presidency had to bring forward a fresh compromise text at around 5.00pm to replace the one tabled in the morning. Among the proposals was bringing forward the date for review of the plan from six to three years. The management plan seeks to ensure that the stocks of cod, herring and sprat in the Baltic Sea are fished at levels that will allow maximum sustainable yield (MSY) to be achieved in 2015 where possible and by 2020 at the latest. For this, fishing mortality rates have been set (in an annex).
“We have done everything possible to find a balance between the member states' positions”, said Latvian Minister Janis Duklavs, the president in office of the Fisheries Council. There is also a Commission statement on the scientific advice.
France and Spain would have preferred only a partial general approach at this stage while awaiting the outcome of on-going legal proceedings on the appropriate legal basis for the adoption of the ranges of targeted fishing mortality objectives contained in the proposal. Both countries will abstain in the formal vote.
France argued that this plan creates a precedent. “As far as we are concerned, multiannual plans ought to put in place a general framework for the sustainable exploitation of stocks, a framework complemented by specific measures taken by separate acts”, said the French representative. Paris accepts the inclusion in the plan of the principle of setting fishing mortality ranges consistent with MSY and that this features in a plan approved by co-decision, based on Article 43.2 of the treaty. However, it argues, under Article 43.3, broad ranges would have to be set, within which fishing opportunities would be set. France does not disagree that, for plans, Article 43.2 is the correct basis. But, it believes, in the event of too narrow fishing mortality ranges, fishing opportunities would have to be set by co-decision - which falls under Article 43.3. France and Spain called unsuccessfully for those measures in the plan which do not come under Article 43.2 (recitals 8, Articles 3-5 and annexes) to be put inside square brackets so that there could be a partial general approach. This would be until such time as the Court of Justice of the EU delivers its ruling on the cod plan. Spanish Minister Isabel Garcia Tejerina stressed the need for “unity and solidarity” in the Council in defence of Council powers.
European Fisheries Commissioner Karmenu Vella reported “broad support” among the member states (most directly affected) for the Presidency's compromise text. “It is essential that we progress quickly”, he said. The French suggestion of removing the annex is not, in his view, progress as this would remove a key plank of the management plan. Furthermore, it would be a threat to the co-decision procedure, he said. The way forward is to set fishing mortality ranges that give the Council enough room for manoeuvre to be able to take decisions according to species, the commissioner said. He pointed out that adoption of the management plan had been on hold since 2008.
The deadlock cannot continue: further inter-institutional disputes must be avoided, stated Swedish Minister Sven-Erik Bucht.
In a statement, the Council underlines that, in approving the current approach on the multiannual plan, it took account of the particular characteristics of the Baltic Sea and the need for specific solutions to the specific issues of this region. (Lionel Changeur)