Council Regulation (EC) No. 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy

This Regulation lays down the Common Fisheries Policy, which covers conservation, management and exploitation of living aquatic resources, aquaculture, and the processing and marketing of fishery and aquaculture products where such activities are practised on the territory of Member States or in Community waters or by Community fishing vessels or, without prejudice to the primary responsibility of the flag State, nationals of Member States. The Policy aims at adopting uniform measures concerning: (a) conservation, management and exploitation of living aquatic resources; (b) limitation of the environmental impact of fishing; (c) conditions of access to waters and resources; (d) structural policy and the management of the fleet capacity; (e) control and enforcement; (f) aquaculture; (g) common organization of the markets; and (h) international relations. The Regulation is divided into seven Chapters, as follows: (I) Scope and objectives; (II) Conservation and sustainability; (III) Adjustment of fishing capacity; (IV) Rules on access to waters and resources; (V) Community control and enforcement system; (VI) Decision-making and consultation; (VII) Final provisions. In addition, two Annexes, dealing with access to coastal waters of the various Member States, are attached.
The sustainable exploitation of living aquatic resources shall be pursued by adopting the precautionary approach as well as an ecosystem based approach to fisheries management (art. 2). On the basis of such principles, the Council is empowered to establish at Community level measures governing access to waters and resources (art. 4). Such measures shall include recovery plans (art. 5) and management plans (art. 6). Emergency measures may be undertaken by the Commission and Member States as per articles 7 and 8 respectively, under the conditions referred therein. In addition, article 9 refers to measures for the conservation and management of fisheries resources that Member States may take within 12 nautical miles of their baselines (which means to the extent of their territorial seas). As regards access to waters and resources, Community fishing vessels shall have equal access (art. 17). However, in the waters up to 12 nautical miles from baselines under their sovereignty or jurisdiction, Member States shall be authorized from 1 January 2003 to 31 December 2012 to restrict fishing to fishing vessels that traditionally fish in those waters from ports on the adjacent coast, without prejudice to special arrangements that might have been concluded with other Member States under existing neighbourhood relations. In the implementation of the Common Fisheries Policy, the Commission shall be assisted by a Committee for Fisheries and Aquaculture (art. 30). Moreover, Regional Advisory Councils shall be set up to contribute to the achievement of the aims of article 2(1) (art. 31). Furthermore, article 33 provides for the establishment of a Scientific, Technical and Economic Committee for Fisheries (STECF). The Commission shall report to the European Parliament and the Council on the operation of the Common Fisheries Policy with respect to Chapters II and III before the end of 2012.