UK-EU Future Relationship Negotiations: Fisheries

Author: James Harrison, Damon Davies, Anna Brand, Iain Thom, Iain McIver

PDF Published: Tuesday 21 Apr 2020 (SB 20-31)

Expand
Overview
Report

Hide

Hide

Overview
Report
- Executive Summary
- Author contributions
- Key Terms
- 1. Background: the Common Fisheries Policy and Brexit
- 2. Relevant rules of international law relating to the conservation and management of shared fish stocks
- 3. The Withdrawal Agreement and the Political Declaration
  - 3.1 The Withdrawal Agreement and fisheries relations during the transition period
  - 3.2 The Political Declaration and the future fisheries relationship
- 4. The EU and UK negotiating mandates
  - 4.1 The EU Negotiating Mandate
  - 4.2 The UK Negotiating priorities
- 5. What is at stake for the UK?
  - 5.1 The economic value of fishing in the UK & Scotland
  - 5.2 The social and cultural value of fishing in the UK & Scotland
  - 5.3 The environmental importance of fisheries negotiations
- 6. Elements of a Future UK-EU Fisheries Agreement
  - 6.1 Shared Values and Principles
  - 6.2 Process for agreeing on quota and other conservation and management measures in relation to transboundary stocks
  - 6.3 Access arrangements
  - 6.4 Scientific cooperation
  - 6.5 Monitoring, control and enforcement of fishing vessels
  - 6.6 Institutional arrangements
  - 6.7 Dispute settlement
- 7. Relationship between a Future UK-EU Fisheries Agreement and a Future UK-EU Free Trade Agreement
- 8. Existing EU fisheries agreements with third countries
  - 8.1 EU – Norway Fisheries Relations
    
    8.1.1 Background to the EU-Norway Fisheries Agreement
    
    8.1.2 Cooperation in the management of shared stocks
    
    8.1.3 Cooperation in the exchange of fishing opportunities
    
    8.1.4 Other provisions
  - 8.2 EU- Faroes Fisheries Relations
  - 8.3 EU – Iceland Fisheries Relations
  - 8.4 EU- Greenland Fisheries Relations
- 9. The Process for conclusion of a UK-EU Fisheries Agreement
  - 9.1 Approval and ratification by the EU
  - 9.2 Approval and ratification by the UK
- 10. What happens if there is no agreement?
Sources

Image: The UK Exclusive Economic Zone

Image: NEAFC Convention Area

Image: Contribution of fishing and aquaculture to the UK and Scottish economy in gross value added (GVA) in 2018.

Image: Percentage of small and medium enterprises in agriculture, forestry and fishing by geographic area, 2017

Image: Proportion of landings of fish and shellfish (by value) by UK and non-UK EU boats from the North-East Atlantic (FAO Area 27) and from the EU and UK EEZs in 2016.

Image: Proportion of the estimated weights and values of fish and shellfish landed from the UK EEZ by UK, EU, Faroese and Norwegian fishing boats in 2016.

*Fish and crustaceans, molluscs and other aquatic invertebrates

Image: Proportion of UK seafood* imports from the EU and exports to the EU (average value from 2014-2019).

UK Government. (2020, January 29). New powers to Scotland and sustainable fishing at the heart of new Bill. Retrieved from https://www.gov.uk/government/news/new-powers-to-scotland-and-sustainable-fishing-at-the-heart-of-new-bill [accessed 1 April 2020]

European Commission. (2020, March 5). Negotiations with the UK: Michel Barnier, the European Commission's Chief Negotiator, sets out points of convergence and divergence following the first round of negotiations. Retrieved from https://ec.europa.eu/commission/presscorner/detail/en/SPEECH_20_402 [accessed 3 April 2020]

UK Parliament. (2020, March 13). Letter from Lord Teverson, Chair of the EU Energy and Environment Sub-Committee of the European Union Committee of the House of Lords, to George Eustice, Secretary of State for Environment, Food and Rural Affairs. Retrieved from https://committees.parliament.uk/committee/335/eu-energy-and-environment-subcommittee/publications/ [accessed 14 April 2020]

Treaty on the Functioning of the European Union, Articles 3(1)(d) and 4(2)(d). (2012, October 26). No title Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A12012E%2FTXT

United Nations. (1982, December 10). United Nations Convention on the Law of the Sea. Retrieved from https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf [accessed 19 March 2020]

FAO. (2015). Voluntary Guidelines on Flag State Performance. Retrieved from http://www.fao.org/fishery/topic/16159/en [accessed 19 March 2020]

Heredia, S. (2017). Research for PECH Committee – Common Fisheries Policy and BREXIT - Legal framework for governance, European Parliament, Policy Department for Structural and Cohesion Policies, Brussels. Retrieved from https://www.europarl.europa.eu/RegData/etudes/STUD/2017/601981/IPOL_STU(2017)601981_EN.pdf

UK Government. (2018, July 4). Fisheries white paper: sustainable fisheries for future generations. Retrieved from https://www.gov.uk/government/consultations/fisheries-white-paper-sustainable-fisheries-for-future-generations [accessed 31 March 2020]

NEAFC. (1980, November 18). Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries. Retrieved from https://www.neafc.org/system/files/Text-of-NEAFC-Convention-04.pdf

Scottish Fishermen's Federation. (2018, November 14). Industry seeks Brexit clarity from Prime Minister. Retrieved from https://www.sff.co.uk/industry-seeks-brexit-clarity-prime-minister/ [accessed 21 April 2020]

Council of the European Union. (2020, February 25). DIRECTIVES FOR THE NEGOTIATION OF A NEW PARTNERSHIP WITH THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND. Retrieved from https://www.consilium.europa.eu/media/42736/st05870-ad01re03-en20.pdf [accessed 3 April 2020]

European Commission. (2020, February 19). Future EU-UK Partnership: European Commission publishes draft legal text. Retrieved from https://ec.europa.eu/ireland/news/future-eu-uk-partnership-european-commission-publishes-draft-legal-text_en [accessed 3 April 2020]

UK Parliament. (2020, March 4). EU Energy and Environment Sub-Committee, Uncorrected Oral Evidence: Access to Fisheries. Retrieved from https://committees.parliament.uk/committee/335/eu-energy-and-environment-subcommittee/publications/ [accessed 14 April 2020]

Scottish Governnent. (2019, September 26). Scottish sea fisheries statistics 2018. Retrieved from https://www.gov.scot/publications/scottish-sea-fisheries-statistics-2018/pages/1/ [accessed 3 April 2020]

Julie, U., Acott, T.G., & Sanghera, A. (2014, September). Sense of Place and Cultural Values in Inshore Fishing Communities. Retrieved from http://www.gifsproject.eu/sites/gifsproject.eu/files/public/documents/images/pdf/GIFS_Activity_2.1_Final_Report.pdf [accessed 30 March 2020]

United Nations. (2001, December 11). The United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (in force as from 11 December 2001) Overview. Retrieved from https://www.un.org/Depts/los/convention_agreements/convention_overview_fish_stocks.htm [accessed 11 March 2020]

Scottish Government. (n.d.) Sustainable Development Goals. Retrieved from https://nationalperformance.gov.scot/sustainable-development-goals [accessed 11 March 2020]

United Nations. (n.d.) Sustainable Development Goals. Retrieved from https://sustainabledevelopment.un.org/?menu=1300 [accessed 11 March 2020]

Carpenter, G. (2018, March 9). Why Brexit could lead to overfishing - to the detriment of everyone. Retrieved from https://theecologist.org/2018/mar/09/why-brexit-could-lead-overfishing-detriment-everyone [accessed 11 March 2020]

Carpenter, G., Kleinjans, R., Villasante, S., & O'Leary, B.C. (2016). Landing the blame: The influence of EU Member States on quota setting. Marine Policy, 64. doi: https://doi.org/10.1016/j.marpol.2015.11.001

Borges, L. (2018). Setting of total allowable catches in the 2013 EU common fisheries policy reform: possible impacts. Marine Policy, 91, 97-103. doi: https://doi.org/10.1016/j.marpol.2018.01.026

UK Government. (2020, February). The Future Relationship with the EU The UK’s Approach to Negotiations. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/868874/The_Future_Relationship_with_the_EU.pdf [accessed 11 March 2020]

European Commission. (20201, February 3). Recommendation for a COUNCIL DECISION authorising the opening of negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland. Retrieved from https://ec.europa.eu/info/sites/info/files/communication-annex-negotiating-directives.pdf [accessed 11 March 2020]

Council of the European Union. (2009, November 20). COUNCIL REGULATION (EC) No 1224/2009. Retrieved from https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:343:0001:0050:EN:PDF [accessed 21 April 2020]

European Commission. (2020, March 18). Draft text of the Agreement on the New Partnership with the United Kingdom. Retrieved from https://ec.europa.eu/info/publications/draft-text-agreement-new-partnership-united-kingdom_en [accessed 14 April 2020]

Gulland, J.A. (1980). Some Problems of the Management of Shared Stocks. FAO Fisheries Technical Paper, 206.

Napier, I.R. (2016, October 11). Fish Landings from the United Kingdom’s Exclusive Economic Zone, and UK Landings from the European Union’s EEZ. Retrieved from https://www.nafc.uhi.ac.uk/research/eez-reports/fish-landings-from-the-united-kingdoms-exclusive-economic-zone-and-uk-landings-from-the-european-unions-eez/ [accessed 27 March 2020]

Napier, I.R. (2018, April 30). The Potential Value to the UK Fishing Fleet of Larger Shares of the Landings from the UK EEZ. Retrieved from https://www.nafc.uhi.ac.uk/research/eez-reports/eez-report-11/ [accessed 27 March 2020]

Scottish Parliament. (2019, February 1). Inshore fisheries. Retrieved from https://digitalpublications.parliament.scot/ResearchBriefings/Report/2019/2/1/Inshore-Fisheries [accessed 32 March 2020]

Scottish Parliament. (2019, July 5). Seafood processing in Scotland: an industry profile. Retrieved from https://digitalpublications.parliament.scot/ResearchBriefings/Report/2019/7/5/Seafood-processing-in-Scotland--an-industry-profile [accessed 31 March 2020]

European Commission. (1980, June 27). Council Regulation (EEC) No 2214/80 of 27 June 1980 on the conclusion of the Agreement on fisheries between the European Economic Community and the Kingdom of Norway. Retrieved from https://op.europa.eu/en/publication-detail/-/publication/18e776c2-4812-4aca-b8b4-dd4d24856299

Churchill, R., & Owen, D. (2010). The EC Common Fisheries Policy. (n.p.): Oxford University Press.

Farnell, J., & Elles, J. (1984). In Search of a Common Fisheries Policy. Gower, 53.

London Fisheries Convention. (1964). Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/269708/Fisheries_Conv_March-April_1964.pdf [accessed 21 April 2020]

European Commission. (1992, May 2). Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Norway relating to the Agreement on fisheries between the European Economic Community and the Kingdom of Norway.. Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:21993A1231(11)&from=EN [accessed 26 March 2020]

Churchill, R.R., & Ørebech, P. (1993). The European Economic Area and Fisheries. International Journal of Marine and Coastal Law, 8, 453-457.

European Commission. (n.d.) Bilateral agreements with countries outside the EU. Retrieved from https://ec.europa.eu/fisheries/cfp/international/agreements_en [accessed 26 March 2020]

European Commission. (n.d.) Treaty on the European Union. Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12012M%2FTXT [accessed 26 March 2020]

Scottish Government. (2018, August 30). Scotland's role in the development of future UK trade arrangements. Retrieved from https://www.gov.scot/publications/scotlands-role-development-future-uk-trade-arrangments/pages/8/ [accessed 26 March 2020]

Housed of Lords. (n.d.) Select Committee on the European Union Sub-Committee on Energy and Environment Corrected oral evidence: Access to UK Fisheries. Retrieved from https://committees.parliament.uk/committee/335/eu-energy-and-environment-subcommittee/publications/oral-evidence/ [accessed 26 March 2020]

UK Parliament. (2020, March 2). House of Lords Fisheries Bill debate, vol 802, col 467. Retrieved from https://bit.ly/2UwMndO [accessed 21 April 2020]

Agreed record of conclusions of the fisheries consultations between the European Union, the Faroe Islands and Nroway on the management of Mackerel in the Northeast Atlantic for 2020. (2019, October 17). Retrieved from https://scottishpelagic.co.uk/wp-content/uploads/2019/12/Mackerel-Agreed-Record-for-2020-pdf.pdf [accessed 21 April 2020]

Scottish Parliament. (2019, November 19). Official Report. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12373&mode=pdf [accessed 21 April 2020]

Last Updated: 20/4 8:13am