The London fisheries convention, the European Union common fisheries policy and brexit
| Autor | Jo Carby-Hall |
| Páginas | 397-427 |
397
THE LONDON FISHERIES CONVENTION, THE EUROPEAN
UNION COMMON FISHERIES POLICY AND BREXIT
Jo Carby-Hall
Professor of British, European, International
and Comparative Labour Law and Director
of International Legal Research
Centre for Legislative Studies
School of Law and Politics
Faculty of Business, Law and Politics
University of Hull
1. The Backdrop. 1.1. The London Fisheries Convention, 1964. 1.2. The Common Fisheries Policy of the Euro-
pean Union. 1.3. Brexit. 2. What are The Aims of the Common Fisheries Policy (cfp)?. 3. Why is the British
Fishing Industry Critical of the EU Common Fisheries Policy?. 4. UK Fishing Appears to be The Most Affected
Industry in Terms of EU Membership. 5. Deus Ex Machina? – What does the Crystal Ball into the Future
Hold?. 6. The Fisheries Bill 2017, The Fishing (Access to Territorial Waters) Bill 2017-19 and the Repeal Bill
which Start the Legislative Ball Rolling. 7. An afterword. 7.1. The post-Brexit protection of fisheries in British
waters. 7.2. A speculative answer to the content of the White Paper of 4th July 2018. 7.3. European Union
Countries’ Reaction to the UK’s post-Brexit Policy of Regaining Control of its waters. 7.4. Arguments Against
the EU’s Common Fisheries Policy which Accelerated Discontent in the British Fishing Industry and which
resulted in Welcoming Brexit.
ABSTRACT
By way of background and to put this chapter in perspective something
brief needs to be said in the first instance on the key features of this
chapter, namely the London Fisheries Convention, the Common Fish-
eries Policy of the European Union and Brexit. This will constitute the
backdrop of the chapter. There will be in the second instance, a brief
mention of the aims of the EU Common Fisheries Policy, followed in
the third instance, by reasons why the British fishing industry is crit-
ical of the European Union’s Common Fisheries Policy, fourthly, UK
fisheries being the most affected industry in terms of EU membership,
fifthly deus ex machina and the future?, the legal wheels set in motion
by three parliamentary Bills and a White Paper in the sixth instance,
with finally an afterword which proposes to pick up the threads on, and
round off, what has been said in the chapter.
398
Jo CarbY-HaLL
1. THE BACKDROP
1.1. THe LoNDoN FiSHerieS CoNVeNTioN, 1964
The North Sea Fisheries Convention of 1888 agreed between Belgium,
Denmark, France, Germany, the Netherlands and the United Kingdom
allowed fishing in each other’s waters up to three nautical miles from
the coastline. In 1963 the UK denounced the 1888 Convention so as
to allow a 12 nautical mile exclusive fishing zone. Once the 1888 Con-
vention was denounced the UK invited the original signatories to that
Convention and several other countries to negotiate on a number of
fisheries issues culminating in the current London Fisheries Conven-
tion of 1964.
That latter Convention1 is an international instrument signed in Lon-
don on 9th March 19642 agreeing fishing rights3 across the coastal
waters of Western Europe. This Convention gives full rights of access
to the fishing grounds between 6 to 12 nautical miles of the national
coastline to the fishing industry of those contracting parties4 which
had already been fishing in the fishing grounds during the period 1953
to 1962.
A good proportion of the London Fisheries Convention provisions
are generally superseded by the European Union Common Fisher-
ies Policy (CFP) which was negotiated at the time with the European
Economic Communities, the European Free Trade Association, the
EEC Commission and Iceland, Norway and the Republic of Ireland.
Though superseded, the London Convention is still in existence and
1 The complete text of the London Fisheries Convention will be found in the British
government Treaties Series no. 35 (1966) Cmnd 3011. 9th March/10th April 1964.
2 Effective from 15th March, 1966.
3 Fishing rights, in particular, in the North Sea, the Skagerrak, the Kattegat and the
coastal waters of the European Atlantic Ocean.
4 There were 12 nations which acceded/ratified the London Fisheries Convention,
namely, Belgium,(with a the coast scope of all coasts) Denmark, (with a coast scope of
the North Sea, in the Skagerrak and in Kattegat), France, (with the coast scope of the
North Sea, English Channel (la Manche) and the European Atlantic coasts), Germany,
(Originally West Germany including West Berlin now the whole of Germany) (with the
coast scope of the North Sea coast), Ireland, (with the coast scope of all coasts), Italy,
The Netherlands, (with the coast scope of the North Sea coast) Poland, Portugal, (with
the coast scope of coasts north of the 36th parallel and the sea coasts of Madeira), Spain,
(with the coast scope of coasts north of the 36th parallel), Sweden (with the coast scope
of the west coast, north of a line drawn from The Kullen (sv) to Gilbjerg (sv)), and the
United Kingdom (with the coast scope of all coasts including those of the Isle of Man,
and the Channel Islands, Jersey, Guernsey including Alderney and Sark). Luxembourg
did not ratify the Convention while Poland is a non-signatory but acceded to the con-
vention after the Convention was signed.
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