Éamon Ó Cuív (Galway West, Fianna Fail)
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365. To ask the Minister for Agriculture, Food and the Marine the reason the Hague preferences were not invoked as part of the Brexit discussions and fishery arrangements to ensure Irish access to stocks did not fall below the agreed limits; if it could be still invoked; and if he will make a statement on the matter. [10798/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The EU-UK Trade and Cooperation Agreement will, unfortunately, have a negative impact on our fishing industry. However, this impact would have been far greater had the Barnier Task Force agreed to UK demands or had we been in a no-deal scenario which would have seen all EU vessels barred from UK waters and subsequent displacement into Ireland's fishing zone.

While the outcome on fisheries was a difficult compromise, this Government is working to ensure that the fisheries sector, and the coastal communities that depend on it, are supported. I advised the EU Fisheries Council in January and again at the meeting earlier this week that we consider that the quota transfers that fall to us in Ireland are disproportionate in terms of burden sharing. I have also made it clear that the inequitable relative contribution of quota share by Ireland is contributing to a strong sense of grievance within our fishing industry and indeed more broadly and Ireland will continue to push for a mechanism to be found within the EU Commission and relevant Member States to find solutions. Ireland intends to continue to keep the focus on this situation and use any opportunity available to seek constructive solutions that would help to alleviate this unacceptable position.

In relation to the Hague preferences, there are based on commitments made in Annex VII of Council Resolution of 3 November 1976 (the Hague Resolution) to take account of the vital needs of communities which were especially dependent on fishing when allocating fishing quotas to each of the Member States. This commitment was later quantified as specified minimum quantities of quota for certain fish stocks to be allocated to certain fisheries dependent communities. The regions to which they applied were Ireland, northern parts of the UK.

The Hague Resolution passed on 3 November 1976 introduced the 200nm Exclusive Fisheries Zone for all the Member States of the European Community as well as laying down a series of guidelines for the development of the Common Fisheries Policy and obtaining a mandate to begin negotiations with third countries with regards to obtaining access rights to their newly claimed territorial waters. Ireland did not have a long distance fleet at that time and could only support these measures on the basis of commitments that allowed it to develop its fishing fleet. The Hague Resolution was also intended to recognise the considerable burden placed on Ireland to control the large fishing grounds in its 200 zone.

There is strong opposition each year from some Member states to the application of the Hague Preferences, which provide Ireland (and previously the UK) with additional quota for key fish stocks. These Member States argue that the Hague Preferences were taken into account when allocations keys were first established in 1983.

Within the Common Fisheries Policy (CFP) Regulation 1380/2013, the Hague Preferences are recognised as forming part of relative stability in the allocation of fish stocks between Member States. Ireland has consistently, and successfully, argued each year since that when quotas are set at EU level, the Hague preference must be applied. It is important to be aware that the matter was the subject of a European Court of Justice Judgment which found that the application of the Hague Preferences is not a legal entitlement and that its application is at the discretion of the EU Fisheries Council.

The EU/ UK Trade and Cooperation Agreement sets down in Annex Fish.1 the UK shares of fish stocks which are shared with the EU for the period 2021 to 2026 onwards. The share of the stocks set for the EU will be allocated within the EU under relative stability. In that regard, I can fully assure the Deputy that I will be requiring that the Hague Preferences are applied to relevant stocks, after the completion of the current consultations with the UK for establishing TACs for shared stocks, when the EU Council adopts EU Total Allowable Catches and quotas, which is expected at the March Fisheries Council.

As I have already advised, I am finalising plans to set up a Task Force involving seafood industry representatives and other stakeholders to provide recommendations on the appropriate measures that will best support the sector and the local coastal communities. I intend to set out in the arrangements and the terms of reference for this Task Force very shortly. I will ask the Task Force to focus immediately on possible arrangements for a temporary fleet tie-up scheme to counter the impacts of the reduction in quotas which will impact our fishing industry from the beginning of April. The Task Force will, I hope, also provide recommendations on a range of other actions and measures that will allow the sector and the coastal communities to adjust and develop so that both the direct and downstream future impacts on the wider seafood sector can be taken into account.

Any change to the existing system of quota allocations within the EU would require a majority of Member States to agree under the qualified majority voting system. This would require other Member States to give up existing quota shares. Any change to relative stability would involve a loss for some other Member States and therefore poses particular challenges in a qualified majority voting context.

The CFP is reviewed every 10 years and the next review is scheduled to be completed by 31 December 2022 when the European Commission will report to the European Parliament and the Council on the functioning of the CFP. The review is expected to be detailed and comprehensive. At EU level, it is expected that all stakeholders will have an opportunity to engage actively in the review work including the fishing industry, eNGOs and Member States.

I will consider how Ireland will prepare for and participate actively and effectively in the review, including the interaction with stakeholders to prepare Ireland's case and identify priorities.

Éamon Ó Cuív (Galway West, Fianna Fail)
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366. To ask the Minister for Agriculture, Food and the Marine the reason the principle of relative stability was not invoked as part of the Brexit fishing arrangement to ensure that each country’s slice of fishing quota remains proportional, which clearly did not happen in the arrangement agreed; if it is too late to invoke it now; and if he will make a statement on the matter. [10799/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The EU-UK Trade and Cooperation Agreement will, unfortunately, have a negative impact on our fishing industry. However, this impact would have been far greater had the Barnier Task Force agreed to UK demands or had we been in a no-deal scenario which would have seen all EU vessels barred from UK waters and subsequent displacement into Ireland's fishing zone.

The Agreement sets out new arrangements for the joint management of more than 100 shared fish stocks in EU and UK waters. Under the Agreement, EU fishing vessels will continue to have the current level of access to UK waters until 2026, but with a reduction of EU quotas in UK waters over that time. The changes in shares of stocks between the EU and the UK are set out in the Annexes to the Agreement from 2021-2026 (onwards). The share of the stocks set for the EU will be allocated within the EU by the Fisheries Council under relative stability and I will be working to ensure that this includes the application of the Hague Preferences.

The share allocation of stocks between Member States was established as a principle of the first Common Fisheries Policy (CFP) in 1983 and was based on the average catch of each Member State over a period of reference years (track record). The only exception to this relates to the Hague Preferences, on the basis of a special recognition agreement of the underdeveloped nature of the Irish fleet and the heavy control responsibility on us when Ireland joined the EU. The Hague Preferences give Ireland an increased share of traditional stocks (cod, whiting, haddock, sole and plaice) when Total Allowable Catch (TAC) levels reduce below a specified level.

Any change to the existing system of quota allocations would require a majority of Member States to agree under the qualified majority voting system. This would require other Member States to give up existing quota shares. Any change to relative stability would involve a loss for some other Member States and therefore poses particular challenges in a qualified majority voting context.

The CFP is reviewed every 10 years and the next review is scheduled to be completed by 31 December 2022 when the European Commission will report to the European Parliament and the Council on the functioning of the CFP. The review is expected to be detailed and comprehensive. At EU level, it is expected that all stakeholders will have an opportunity to engage actively in the review work including the fishing industry, eNGOs and Member States.

I will consider how Ireland will prepare for and participate actively and effectively in the review, including the interaction with stakeholders to prepare Ireland's case and identify priorities.

While the outcome on fisheries was a difficult compromise, this Government is working to ensure that the fisheries sector, and the coastal communities that depend on it, are supported. I advised the EU Fisheries Council in January and again at the meeting earlier this week that we consider that the quota transfers that fall to us in Ireland are disproportionate in terms of burden sharing. I have also made it clear that the inequitable relative contribution of quota share by Ireland is contributing to a strong sense of grievance within our fishing industry and indeed more broadly and Ireland will continue to push for a mechanism to be found within the EU Commission and relevant Member States to find solutions. Ireland intends to continue to keep the focus on this situation and use any opportunity available to seek constructive solutions that would help to alleviate this unacceptable position.

The European Commission Brexit Adjustment Reserve (BAR) will provide support to counter the adverse consequences of the withdrawal of the United Kingdom from the European Union in Member States, regions and sectors, in particular those that are worst affected by that withdrawal, and to mitigate the related impact on the economic, social and territorial cohesion. I have listened carefully to the representatives of the fishing industry and I am reflecting on how to ensure that the funding made available to the sector is focused to meet the challenges of the sector and of the coastal communities most impacted.

I am finalising plans to set up a Task Force involving seafood industry representatives and other stakeholders to provide recommendations on the appropriate measures that will best support the sector and the local coastal communities. I intend to set out in the arrangements and the terms of reference for this Task Force very shortly. I will ask the Task Force to focus immediately on possible arrangements for a temporary fleet tie-up scheme to counter the impacts of the reduction in quotas which will impact our fishing industry from the beginning of April. The Task Force will, I hope, also provide recommendations on a range of other actions and measures that will allow the sector and the coastal communities to adjust and develop so that both the direct and downstream future impacts on the wider seafood sector can be taken into account.

My Department’s forthcoming Seafood Development Programme 2021-27 under the European Maritime Fisheries and Aquaculture Fund will also play an important role over the next seven years in assisting our seafood sector adjust to the impacts of the TCA.