The Common Fisheries Policy (CFP) is one of the longest established
and more controversial of the common policies of the EC. It deals
principally with the management of fishery resources, relations
between the EC and third States in fisheries matters, the marketing
of and trade in fishery products, financial assistance to the
fisheries sector, and aquaculture.
However, the CFP is not just a matter for those with an economic
interest in fisheries. It also raises many issues of more general
concern, such as the capacity of the EC and its Member States to
manage important natural resources sustainably, the impact of
fishing on the wider marine environment, and relations between
developed and developing States.
This book addresses the CFP from a legal perspective. It provides a
detailed account of the very large body of EC law comprising the
CFP, and draws on the European Commission's associated
documents to aid interpretation and add context. As a result, the
book will be of value to anyone wanting knowledge of the law of the
CFP. Although not addressing the Commission's 2009 Green Paper
on reform of the CFP, the book should provide a useful reference
point against which to view the reform of parts
of the CFP that is anticipated to take place over the next few
The book has been written by two lawyers...they know their subject...it provides a useful reference point against which to judge proposed reforms and future performance. The book opens with a reminder of the origin and development of the CFP and its scope before getting into detailed discussion of specific aspects of its purpose and performance. This embraces a detailed account of the very large body of EC law that comprises the CFP and draws on the commission's associated documents to aid interpretation and context. It...will prove an invaluable aid to practising fishery lawyers, fishery managers, policy advisers and anyone engaged in the management of fisheries and the marine environment. Dr. Stephen J. Lockwood, (marine fishery consultant), Fishing News, 12 March 2010 Churchill and Owen's The EC Common Fisheries Policy represents a massive achievement in comprehensively and clearly cataloguing an area of law that is of almost legendary complexity...the depth of coverage is such that there will be few who will not learn something new from this work William Howarth, Yearbook of European Law The book is an authoritative account of the European Union's common fisheries policy (CFP) and an essential reference work...There is no better authority on regulation of EU fisheries Jill Wakefield, Common Market Law Review ...an essential guide for those wishing to penetrate and understand the bureaucracy surrounding the CFP...The writers have an authoritative style, the work is well referenced, and it confines itself to the law. I have already had cause to refer to the work in earnest on a number of occasions and each time I have been delighted by the modest but confident style of the writing and the impressive detail which supports each comment. At its heart it is a very generous piece of scholarship, which will greatly enhance the ongoing reform of the CFP. Thomas P.S.Appleby
Robin Churchill is Professor of International Law at the University of Dundee. Daniel Owen is a barrister at Fenners Chambers, Cambridge, and specializes in marine and fisheries law.
PART I: INTRODUCTORY ISSUES CHAPTER 1 THE ORIGINS AND DEVELOPMENT OF THE COMMON FISHERIES POLICY 1. Introduction 2. The conception, birth, and early development of the CFP, 1957-73 3. The challenge of 200 nm limits - producing a fisheries management policy, 1973-83 4. Iberian accession and consolidation of the CFP, 1983-92 5. The second decade of the EC's fisheries management system, 1993-2002 6. CFP reform and further EC expansion - developments since 2002 7. Actors, interests, and processes involved in the formulation, adoption, and development of the CFP CHAPTER 2 THE SCOPE OF THE COMMON FISHERIES POLICY 1. Introduction 2. Material scope 3. Geographical scope 4. Personal scope PART II FISHERIES MANAGEMENT CHAPTER 3 THE INTERNATIONAL FRAMEWORK OF FISHERIES MANAGEMENT 1. Fisheries management: issues and challenges 2. UN Convention on the Law of the Sea 3. UN Fish Stocks Agreement 4. FAO Compliance Agreement 5. FAO's Code of Conduct for Responsible Fisheries, and International Plans of Action 6. Regional fisheries management organizations 7. UN General Assembly resolutions 8. Importing environmental issues into fisheries management 9. Conclusions CHAPTER 4 FISHERIES MANAGEMENT IN COMMUNITY WATERS 1. Introduction 2. General aspects of Community fisheries management 3. EC fisheries management in the Baltic Sea 4. EC fisheries management in the Mediterranean Sea 5. EC fisheries management in the Black Sea 6. Environmental protection 7. Regional Advisory Councils and the Advisory Committee on Fisheries and Aquaculture 8. Fishing by third country vessels in Community waters 9. Reform CHAPTER 5 EXTERNAL ASPECTS OF FISHERIES MANAGEMENT 1. Introduction 2. The EC's treaty-making competence and treaty-making procedures 3. EC participation in global fisheries instruments 4. Access agreements 5. Access to third States' waters other than under EC fisheries access agreements 6. EC participation in regional fisheries management organizations 7. The EC and some other international fisheries management issues 8. Conclusions PART III OTHER ISSUES CHAPTER 6 THE COMMON ORGANIZATION OF THE MARKETS IN FISHERY PRODUCTS 1. Introduction 2. Legal basis and objectives 3. Subject matter 4. Common marketing standards 5. Consumer information 6. Producer organizations 7. Interbranch organizations 8. Prices and intervention 9. Enforcement 10. Conclusions CHAPTER 7 TRADE IN FISHERY PRODUCTS 1. Introduction 2. The legal regulation of intra-EC trade 3. The regulation of trade between the EC and third States 4. Conclusions CHAPTER 8 PUBLIC EXPENDITURE IN THE FISHERIES SECTOR 1. Introduction 2. European Fisheries Fund 3. Regulation 861/2006 4. State aid CHAPTER 9 AQUACULTURE 1. Introduction 2. Authorization for the establishment and operation of an aquaculture installation 3. Prevention and control of disease in aquaculture installations 4. The regulation of pollution damaging to, or resulting from, aquaculture 5. Controlling the use of alien species in aquaculture 6. Marketing and trade 7. Tuna farming 8. Public financial assistance for aquaculture 9. Concluding comments