基本説明
Full and detailed exploration of all relevant sources of law including the large amount of legislation, relevant international treaties and agreements and ECJ caselaw.
Full Description
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 years.
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
