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EU-VO: Gerichtliche Zuständigkeit in Zivil- und Handelssachen

Commission Report (2002): Latvia

Subsections

Chapter 8: Fisheries

Progress since the last Regular Report

Latvia has continued to make progress in alignment with the acquis, especially as regards resource management, inspection and control.

As regards institutional issues and administrative capacity, the Department of Fish Resources in the Ministry of Environment was abolished in January 2002. The Ministry of Agriculture is responsible for fisheries policy preparation and implementation. The Fisheries Department now employs 25 civil servants. Fisheries administration in Latvia is also represented by the National Board on Fisheries, which operates under the supervision of the Ministry of Agriculture.

In the field of resource management, inspection and control, legislation was further harmonised with the acquis requirements through the adoption of amendments to the Law on Fisheries and in particular the adoption of legislation on commercial fishing in the territorial waters and economic zones in November 2001.

As regards administrative capacity in this area, the National Board of Fisheries has the responsibility for overall management of the fisheries sector, quota management, sector development strategy and legal acts and regulations in fisheries, including the implementation of the acquis. In 2002, two additional employees were recruited with responsibility for structural programming and the integrated control and information system.

The capacity of the Marine Environmental Board of the Ministry of Environmental Protection and Regional Development, which carries out control and enforcement in Latvian waters, has been strengthened through additional staffing as well as enhanced training of inspectors and improved equipment. In 2001, 80 inspection trips were carried out outside coastal waters. 11 inspectors are responsible for fish landing controls in ports.

Some progress has been made concerning the legal base necessary for implementing structural actions in fisheries. In December 2001, the Rural Support Service was accredited as the SAPARD Agency, with the task of improving agricultural and fisheries product processing and marketing.

The Latvian Vessel Register is part of the Maritime Administration of the Ministry of Transport and covers all Latvian vessels, including fishing vessels, with an engine power of 55 kW or more. The new maritime code requires registration of coastal fishing vessels under this threshold in order to meet EC requirements. So far, 70% of all fishing vessels have been re-measured according to the acquis requirements. Regarding market policy, amendments to the Food Circulation Monitoring Law were adopted in December 2001, stipulating that the Food Veterinary Service monitors and controls food producing companies and the food circulation process, including trade in fish and fish products.

As regards state aid to the fisheries sector, there are no new developments to report.

Concerning international fisheries agreements, no particular developments have been recorded since the last Regular Report.

Overall assessment

Concerning resource management, inspection and control, legislative alignment needs to be completed. Regarding administrative capacity, the National Board of Fisheries should be able to deploy its capacity more effectively through greater delegation of responsibilities and clearer distribution of tasks. The Marine Environmental Board is currently inspecting 90% of landings, thereby not allowing for a thorough investigation and the Latvian Fisheries Institute still lacks funds.

All Latvian vessels fishing in EU waters are already equipped with satellite tracking devices.

As regards structural actions, these are currently based on annually revised development programmes concerning the fishing fleet, the processing industry and fisheries education and science under the National Development Programmes. Two programmes are under preparation in this context. However, further progress remains to be made with regards to structural policy for the fisheries sector. The establishment of institutional arrangements required for programming, implementation, financial control, monitoring and evaluation of structural funds need to be accelerated. Early establishment would facilitate smooth implementation of the SAPARD programme as far as fisheries are concerned. Preparation of programmes for structural actions should be enhanced.

While developments regarding fleet registration appear satisfactory, there is still a need for further amendment of the legal framework of the fishing vessel register and the adoption of regulations on safety requirements (including external marketing requirements).Re-measurement according to the requirements of the acquis is well under way.

Regarding market policy, according to the implementation plan of June 2001, market intervention mechanisms still have to be developed. Full legislative harmonisation requires the adoption of regulations on marketing of fisheries and aquaculture products in line with the acquis.

Producers` organisations have not yet been established.

State aid to the fisheries sector consists of subsidies that are mainly used for structural purposes, including modernisation of fishing vessels. There is no state aid for vessel construction. Latvia's fisheries policy is partly aligned to the acquis in this area. Significant efforts will still be necessary, building on the progress that has already been achieved.

Latvia is a member of several international fisheries organisations, in particular the International Baltic Sea Fisheries Commission and the North-eastern Atlantic Fisheries Commission, and has bilateral fisheries agreements with the European Community, the Faeroe Islands (Denmark), the Russian Federation, the USA and Canada.

Conclusions

In its 1997 Opinion, the Commission concluded that the process of modernisation and acquis implementation would require significant efforts and that in the medium term the fishery sector did not appear to pose any major problem.

Since the opinion, Latvia has made progress, in particular in terms of legislative alignment in the field of resource management, inspection and control. Latvia`s legislation has been aligned to a reasonable extent, although there are gaps notably as regards structural actions and market policy. The administrative structures have been partially established.

Negotiations on this chapter have been provisionally closed. Latvia has been granted a specific management regime for the entire Gulf of Riga, and the inclusion of sprat (Sprattus sprattus) of the Baltic Region into the list of species that are subject to management measures under the Common Fisheries Policy. Latvia has not requested any transitional arrangements. Lavia is generally meeting the commitments it has made in the accession negotiations in this field.

In order to complete preparations for membership, Latvia's efforts now need to focus on further reinforcing administrative capacity and ensuring sufficient funding. Further efforts are needed to complete alignment, notably concerning structural actions (vessel registration and safety requirements) and market policy (regulations on marketing of fishery and aquaculture products).

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