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I.
Case Background |
Since 1983 the European Union has utilized a Common Fisheries Policy (CFP) in an attempt to conserve the decreasing stocks of fish (especially in the North Atlantic) for its member states. This policy hopes to conserve stocks and still provide the fishing industry with product. The policy has primarily taken the shape of fish quotas called Total Allowable Catches (TACs) which member states can bring to port and attempts to decrease and decommission some of the EC's fishing fleets. In fact, the TACs have decreased dramatically since 1983. EC members recognize that in order to ensure long-term stocks, it is vital to reduce the TAC's. However, in the short-term, when the European Union's economy is in stagnation, most of the member states are fighting for a bigger share of the TACs. Efforts to support the U.K. fishing industry in the face of the decreased TACs created a dispute over fishing in the territorial waters of the United Kingdom by Spanish fishing boats.
Origins of the Common Fisheries Policy date back to the 1970's when European countries decided to extend their exclusive fishing zones (EEZs) from 12 to 200 miles offshore. The extension of zones was a reaction to other nations, such as Canada, who had extended their zones as well, thus barring open fishing by other nations in those waters (see CANCOD case). Fearing that foreign fleets would now begin to fish EC waters, the EC argued the extension of zones was necessary:
"in order to prevent those non-Union fleets which had been denied access to the exclusive fishing zones of non-Union countries from switching their activities into Community waters, which would have had disastrous effects on the fish stocks which thrive there and on the Community fleet."
With fishing zones extended to 200 miles, the EC determined that conservation measures would have to be undertaken by the EC to ensure that over fishing by EC countries would not destroy the fish stocks. As mentioned before, quotas, or Total Allowable Catches, for EC fishermen have been the major mechanisms in the effort to conserve fish stocks, especially in the North Atlantic.
At the same time, however, the EC wants to sustain its fishing industry that employs over 300,000 fishermen. Even though the EC is a net importer of fish products, there are several countries such as Spain that are significant exporters of fish and fish products. Most proposals for TACs by the Commission state clearly that "if adopted, (this proposal) will have a short-term adverse impact on the fishing enterprises concerned." The proposed reduction of fishing possibilities is, however, necessary to safeguard the fishery for the future. The short-term pain of such policies is well- acknowledged by fishermen and government officials in the EC.
On paper, quotas seem to be an effective way of controlling over fishing and conserving stocks for the fishing industry. However, over fishing has continued. According to the World Wildlife Fund, the TAC "meets the political objective of sharing fish among countries, but does not protect European fish stocks." The report goes on to say that many white fish, such as cod and haddock, swim in the same waters. Several migratory species may be caught by fisherman from many countries. Even though one species' quota may be met, fishermen continue to fish the waters for the other species. In this way, quotas can be exceeded for some types of white fish.
In order to avoid breaking the quota, fishermen often throw back the extra fish, which usually die. A 1990 Dutch study on Fisheries concluded that "for every ton of fish for consumption, two to four tons of dead fish were tipped overboard." In addition, the report says that "of the 103 TACs set by the Commission for 1991, only 39 were calculated scientifically, based on fish populations and ages. The rest were based on guesses or past fishing practice."
TACs have not been efficient in conserving fish stocks. In fact, decreasing TACs reflect this partial failure in conservation. In 1991, the fishing ministers settled on TACs of 100,000 tons for cod and 60,000 for haddock in the North Sea. "These figures compare with 250,000 tonnes for cod and 260,000 for haddock in 1986." With the decreasing quotas, member nations' trade potential has decreased as well. Furthermore, several EC countries are attempting to restrict fishing by other EC nations within 200 mile zones.
One example of this is Spain's demand that France open up its waters to fish for white fish. With the addition of Spain to the European Community, the sixth-largest fishing fleet in the world, quotas had to be re-prioritized. Shortly after entering the EEC, a Spanish fleet of over 250 boats blockaded the Franco-Spanish border for three days to demand greater access to French waters. Finally, after three days, the fleet dispersed, when the French and Spanish governments agreed to continue talks on the problem. The dispute indicated that with decreasing quotas, there are entirely too many ships for too little fish. In fact, "while stocks appear to be falling, measures to control the fleet have failed."
Responding to the decreased quotas in the EC, in 1988 the United Kingdom enacted the Merchant Shipping Act. The Act stipulated that 75 percent of all ships and fishing industries operating in UK waters had to be British-owned. In addition, 75 percent of the crews on all ships registered in the UK had to also be a citizen. "The act had been designed to stop boats from Spain and other countries `quota-hopping' by registering under the British flag and using the UK's community fishing quotas." For many years, the British have complained about Spanish "poaching" of British quotas. By registering under the U.K. flag, the Spanish were unlawfully fishing for part of the quota set aside by the EC for the United Kingdom. By doing so, the Spanish, the U.K. claimed, had an adverse effect on their fishing industry.
The Spanish, on the other hand, claimed that they had not been poaching or "quota-hopping" in U.K. waters. Even though each EC country has had exclusive fishing zones (200 miles from shore) since 1977, an agreement between the EC and Spain had allowed for several Spanish boats to be registered under the British flag. The Spanish claimed that "many of the vessels they operated had been acquired from British fishermen who had ceased operations." Therefore, the boats had a right to be fishing in U.K. waters.
Spanish fishermen are desperate to catch more fish and move into other waters. Because the stocks in their own EEZ have been severely depleted, Spanish fishing operations have spread all over the world. Their regular grounds include Canada and Morocco, and they had been forced out of Namibian waters earlier in 1991. The Spanish also claimed the British were illegally closing off the U.K. EEZ to Spanish ships, which had been operating there for many years, because of nationality. Thus, the Merchant Shipping Act acts as a protectionist barrier to the EC fishing trade.
The Spanish took the United Kingdom to the European Court of Justice. On July 25, 1991, the European Court of Justice sided with Spain in this instance. The ECJ ruled that some parts of the Merchant Shipping Act were contrary to EC law. According to the Court, "the UK could not demand strict residence and nationality conditions before granting vessels British registration." However, the Court ruled further that the Merchant Shipping Act was within the law to insist that companies registered in Britain should have "bona fide" relations with the government of Great Britain. The Spanish, after winning, said that they were going to sue the British government for compensation of the estimated 20 million pounds that the act had cost Spanish fishermen.
Many British Members of Parliament (MPs), as well as fishermen, understood the ruling to be an indication of what was to come in the future for the British fishing industry under decreased quotas. Some believed that thousands of British fishermen would be out of work if boats from other nations were to be able to continue fishing for Britain's quotas. "MP's with fishing interests said the ruling `drove a coach and horses' through the EC fisheries quota policy,...`If boats from other countries can get on to our register, they fish against our quotas to the possible ruination of our own fishermen.'"
Continent: Europe
Region: Western Europe
Country: United Kingdom
The Spanish "obtain access to British quotas for such fish through their UK registration and may be taking 50 per cent or 60 per cent of the quotas for the species. The boats are supposed to land half their catches in the UK and be controlled from the UK..." However, many of the Spanish boats are never checked, according to many British companies, even though the ECJ said that the rules to enforce quota controls were legitimate.
The amount of fishing in EC waters is determined by a formula known as Total Allowable Catches or (TACs). The TACs limit the number of fish that each country can fish each year. These catches serve as a quota which are supposed to also reflect the importance of fishing for each EC nation. In other words, those countries which depend on fishing more vitally will be allowed a higher percent of the quotas. The Common Fisheries Policy of 1983, which was amended in 1991, stipulated that the TACs would be reevaluated by the Commission of the European Communities annually by scientific methods.
TACs have direct effects on many aspects of EC fishing industries. Fishermen are losing jobs because they cannot catch as many fish as in previous years and because boats are being decommissioned. EC deficiency payments are made to the fishermen in both cases in order to reimburse them for revenue lost through quotas, but these funds do not cover all potential losses. In addition, fish packaging industries, transportation industries, and other industries are indirectly effected by lowered TACs.
There is scientific evidence that fish stocks are severely depleted and spawning activities have been effected. "Haddock and Cod, for example, normally live 10 or more years but today all the older fish have been caught. Only the newest so-called "age class" of fish is available, and, as it happens, natural breeding patterns have reduced this still further this year."
IV. Environment and Conflict Overlap
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