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EC Common Fisheries Policy


ISBN13: 9780199275847
Published: March 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £245.00



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The Common Fisheries Policy (CFP) is one of the more controversial of the EU's policies, and is widely blamed both for the poor state of Europe's fish stocks and the woes of its fishermen. Under the CFP, the EU is responsible for a wide range of issues.

The EU manages fisheries in the waters of Member States and the fishing activities of Member States' fleets. It negotiates agreements permitting vessels from EU States to fish in the waters of other States, and acts as a member (in place of Member States) in regional fisheries management organizations responsible for fishery management beyond national waters. It regulates the marketing of fish, and lays down the rules governing trade in fishery products. The Common Fisheries Policy thus forms a key part of global fisheries law and policy and is an important factor in protection of the marine environment.

This book examines all the varied issues in detail, providing a comprehensive overview of the CFP. It examines the law relating to the Policy, considering the legislation, treaties and judgments of the European Court of Justice in this area. The policy issues crucial to understanding the law on the CFP and its operation in practice are also explored.

  • Clear and comprehensive coverage of this complex and controversial area of law
  • Full and detailed exploration of all relevant sources of law including the large amount of legislation, relevant international treaties and agreements (including the UN Convention on the Law of the Sea), and ECJ caselaw
  • Extensive bibliography to inform further research on the many diverse areas covered under the CFP

Subjects:
EU Law
Contents:
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

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