Common Fisheries Policy (CFP)

The Common Fisheries Policy (CFP) is the European Union’s framework for managing fisheries and aquaculture. Established by the original Treaty of Rome but substantively developed from 1970 onwards, the CFP is currently governed by Regulation (EU) 1380/2013 of the European Parliament and of the Council, which introduced fundamental reforms to achieve sustainable fisheries, eliminate discards, and decentralise decision-making. The CFP is an exclusive competence of the EU under Article 3(1)(d) TFEU.

Objectives and Principles

Regulation 1380/2013 establishes the CFP’s overarching objective: to ensure that fishing and aquaculture activities are environmentally sustainable in the long term and managed in a way that is consistent with the objectives of achieving economic, social, and employment benefits. Article 2 requires the CFP to apply the precautionary approach to fisheries management and to implement the ecosystem-based approach.

The maximum sustainable yield (MSY) exploitation rate must be achieved by 2020 for all stocks where possible. MSY is the highest catch that can be continuously taken from a stock without reducing its productivity. The 2020 deadline was not achieved for all stocks, but significant progress has been made, with over 60% of assessed stocks in the North-East Atlantic now fished at MSY levels.

Total Allowable Catches (TACs) and Quotas

The cornerstone of the CFP’s conservation policy is the annual fixing of Total Allowable Catches (TACs) for commercially significant fish stocks. TACs are established by the Council of the EU, acting on a proposal from the European Commission based on scientific advice from the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF).

TACs are allocated among Member States according to the principle of relative stability (Article 16(1)). This principle, established in 1983, allocates fixed national quota shares based on historical fishing patterns during a reference period (1973–1978). The allocation keys are effectively property rights held by Member States, though they can be adjusted through swaps or transfers under Article 20.

The Landing Obligation (Discard Ban)

The most significant reform introduced by Regulation 1380/2013 is the landing obligation, commonly known as the discard ban. Article 15 prohibits the practice of discarding fish at sea, requiring that all catches of species subject to catch limits and, in the Mediterranean, minimum sizes, be brought ashore and counted against quotas. The landing obligation was phased in between 2015 and 2019, with full implementation for all species subject to TACs.

The landing obligation has generated substantial controversy. Practical challenges include the handling of unwanted catches, storage capacity on vessels, and the determination of quotas for species caught incidentally. Member States may adopt discard plans under Article 15(6) establishing survivability exemptions, de minimis exemptions for catches representing less than 5% of the total, and high survivability exemptions where scientific evidence demonstrates that discarded fish survive.

The Court of Justice has addressed the landing obligation in Civic v Minister for Agriculture (Case C-57/15), confirming that the obligation applies to catches of regulated species even where no quota is available for the relevant Member State.

Fleet Policy

The CFP regulates Member State fishing fleet capacity through the entry-exit regime. Under Articles 22 and 23, Member States must ensure that total fleet capacity does not exceed the ceilings established in the initial Multi-Annual Guidance Programmes. The fleet capacity ceilings are enforced through a system of fishing licences and fishing authorisations.

The European Maritime, Fisheries and Aquaculture Fund (EMFAF) for 2021–2027 provides financial support for fleet modernisation, sustainable aquaculture, local coastal communities, and the transition to low-impact fishing methods. Support for fleet capacity increases is prohibited, and aid for scrapping remains available.

Control System

Regulation (EC) 1224/2009 establishes the EU fisheries control system, which includes satellite-based vessel monitoring systems (VMS), electronic recording and reporting systems (ERS), port state controls for third-country vessels, and a comprehensive inspection and enforcement framework. The European Fisheries Control Agency (EFCA), based in Vigo, Spain, coordinates operational cooperation between Member States’ control authorities.

The control regulation was amended in 2023 to strengthen traceability requirements, introduce electronic catch certificates, and enhance enforcement through the use of remote electronic monitoring (REM) including closed-circuit television on larger vessels. Sanctions for serious infringements include points systems for fishing licences and temporary or permanent withdrawal of fishing authorisations.

External Dimension

The CFP also governs EU fishing activities outside EU waters through Fisheries Partnership Agreements (FPAs) with third countries and participation in Regional Fisheries Management Organisations (RFMOs). The EU has concluded sustainable fisheries partnership agreements with over 20 countries, primarily in West Africa, the Indian Ocean, and the Pacific. These agreements provide EU vessels access to third-country waters in exchange for financial contributions and support for local fisheries governance.

The EU is a contracting party to all major RFMOs, including NEAFC, ICCAT, NAFO, and CCAMLR. The Court of Justice in European Parliament v Council (Case C-200/20) confirmed that the Parliament’s consent is required for the conclusion of fisheries access agreements with third countries.

Regionalisation and Stakeholder Involvement

The 2013 reform introduced regionalisation, allowing Member States with a direct interest in a fishery to adopt jointly binding measures under Article 18. Advisory Councils — stakeholder bodies comprising the fishing industry, environmental NGOs, scientists, and other interest groups — provide recommendations on fisheries management.

Conservation and Technical Measures

Regulation 2019/1241 on technical measures establishes rules on gear specifications, minimum conservation reference sizes, closed areas and seasons, and bycatch mitigation. The technical measures regulation is closely linked to the multi-annual plans adopted under Article 9 of the Basic Regulation.