Suchergebnisse

This article is concerned with the problems arising from the exploitation of, and extraction from, marine fisheries under the Common Fisheries Policy. The EC Treaty does not contain provisions dedicated to fisheries which, instead, are subsumed under the Agricultural Title. As a result, the CFP has relied on secondary legislation (such as the Fisheries Regulation) for its elaboration, its terms subject to rights and principles set out in primary legislation. This situation will remain unchanged as a result of the Lisbon Treaty. The objectives of the CFP of conservation, sustainability and economic exploitation are wide–ranging, diverse and not necessarily compatible. The values underpinning the CFP are sustainable exploitation, the precautionary approach, and the principle of relative stability, which have determined the operation of the fisheries policy and have been instrumental in the sector's decline. Whilst the CFP is subject to the broader values of the Union (including the precautionary principle, and sustainable development), these have had the effect of putting fisheries under even greater pressure. The Commission's response has been to try different management models, and, currently, it is seeking to move from rights–based to an eco–system based scheme. It is argued that the CFP is incoherent and incapable of meeting its objectives, lacking an integrated maritime policy, and that the situation cannot be rectified until the values underpinning the policy are revised.

Fisheries is one of the key issues in the negotiations for an agreement between the UK and the EU on their future relationship. At the end of the transition period, the UK will have full sovereignty over its waters but the EU is demanding the continuation of the existing pattern of fishing as far as possible. This article untangles the different elements of the issue. It demonstrates the international legal requirements for the regulation of fishing that will have to be met by the UK. To meet its obligations with regard to access to and use of fish resources under international law, a close cooperation with the EU and other neighbouring countries will be necessary. As the EU negotiation position links a free trade agreement with an agreement on fisheries while the UK is seeking discrete trade and fisheries agreements, the position at the end of 2020 is very uncertain. The problems regarding the trade in fish and fishery products, customs duties and sanitary product standards will be examined. EU provisions on environmental standards and marine protected areas will in principle no longer be applicable in the UK, but marine environmental protection is an obligation of international law so the protection of the marine environment and ecosystems in UK waters post-Brexit will be considered. We conclude by considering whether Brexit will deliver anticipated benefits.