European Fisheries Ministers reached a ‘partial general approach’ on Tuesday 29 September on the regulation laying down the conditions for EU support for the common fisheries policy (CFP), the Union’s maritime and aquaculture policies and the European Oceans Pact for 2028-2034.
At the final press conference and before the European Ministers, the European Commissioner for Fisheries, Costas Kadis, expressed concern about some of the changes envisaged by the Council of the EU.
First, the common fisheries policy (CFP) was designed to prevent overfishing. “We must ensure that any future financing through public investments, which allows the purchase and the construction of new vessel, does not lead to overfishing”, Mr Kadis warned. This is also in line with the ‘do no significant harm’ principle: investments in vessels should be authorised only if they do not lead to overfishing.
“Decoupling fleet balance from the future conditions of support would also risk running counter to core State aid principles and could lead to significant distortions of competition in the internal market”, the Commissioner also said. He stressed that the text “must also be consistent with our current obligations under the WTO agreement on fisheries subsidies” in order to ensure that subsidies do not encourage overfishing of stocks.
Lastly, Mr Kadis insisted on the need to maintain the current requirement to recover aid in the event of an infringement committed during a five-year period.
During the deliberations in the Council of the EU, just before agreement was reached on the compromise text, Portugal welcomed the provisions allowing vessels to be modernised, built or acquired, in particular in order to make progress on digitalisation, energy efficiency, decarbonisation, and onboard safety. “Portugal can approve the partial general approach, following the addition of a safeguard relating to the ‘do no significant harm’ principle”.
Luis Planas, the Spanish Minister, particularly welcomed the incorporation of the WTO commitments, public support for the construction of new vessels and the provisions relating to the ‘do no significant harm’ principle. However, he called for a legally viable solution to be found regarding tonnage devoted to safety, habitability and the energy transition of vessels. Lastly, Mr Planas considered that the text lacked financial ambition: a sufficient budget will be needed to deliver on its objectives.
According to France, fishers need support both to adapt vessels and practices to the effects of climate change and to “renew an ageing fleet that is extremely dependent on fossil fuels”. Any public aid that might be granted for fleet renewal will under no circumstances place additional pressure on resources, the French Minister, Catherine Chabaud, assured Ministers.
Overall, “we are satisfied with the final result of the negotiations achieved today and can approve it”, Germany said.
Italy considered that the compromise constituted progress that responds more closely to the sector’s concrete needs, notably by opening the way to support for onboard investment and fleet modernisation.
Denmark said it could support the compromise, provided it obtained clear guarantees that the ‘do no significant harm’ principle would be maintained and that European aid would promote the green transition without increasing fishing capacity.
Sweden said it opposed the compromise because of the possibility of public funding for the purchase or construction of new vessels.
The Netherlands said it would abstain in the vote, considering that the text does not fully reflect its position on the ‘do no significant harm’ principle.
The compromise text accepted by the Ministers contains provisions on EU support for investment in fishing vessels, whether for interventions on existing vessels or the purchase of existing or new vessels, including their construction, in accordance with the common fisheries policy.
According to the text, the funding may in particular be used to improve onboard safety and working conditions, efficiency in the use of resources and product quality, reduce emissions and the environmental effects of fishing, and promote the arrival of new fishers and generational renewal.
As a general rule, support is reserved for vessels belonging to a fleet segment considered to be in balance. Exceptions are provided for certain investments in existing vessels belonging to imbalanced segments, subject to certain conditions: the investment must not be based on an increase in fishing activity, and stock recovery measures must be implemented where biological indicators so require.
The purchase or construction of a new vessel is subject to stricter restrictions: only certain purposes are eligible. In an imbalanced segment, support is notably conditional on the existence of an action plan and, in the event of an increase in fishing capacity, on the prior withdrawal, without public aid, of equivalent capacity from the fleet.
For vessels over 30 metres, purchase may generally be supported only through financial instruments, unless the registered owner is an SME.
The negotiating mandate will serve as the basis for the EU Council Presidency to open negotiations with the European Parliament. The overall budget of the programmes for 2028-2034 will depend on the final agreement on the next Multiannual Financial Framework (MFF) as a whole.
The organisation Europêche welcomes the progress made in the compromise, which “recognises the need to modernise and renew the fleet, in particular to promote the energy transition, improve working conditions and attract new fishers”.
However, the organisation regrets the absence of a more flexible definition of small-scale fisheries and of accelerated procedures for small projects. It also considers that the conditions imposed on vessel modernisation and renewal remain too complex and create legal uncertainty.
Europêche welcomes the fact that the period for recovery of aid following a serious infringement has been reduced from five years to one year, while considering that it should have been removed altogether.
While the partial agreement currently provides for €4 billion for fisheries over the 2028-2034 period, Europêche is calling on the Member States to earmark at least €7.29 billion, at current prices, for fisheries and aquaculture in the next MFF, in line with Parliament’s request.
Link to the latest version of the compromise text (before the addition of the latest elements): https://aeur.eu/f/noa (Original version in French by Lionel Changeur)