“Getting It Right”: The Birth of a New EU Common Fishery Policy?—Legislative and Legal Perspectives on the Annulling of the “Five Structural Failings”†

• Published in: Arctic Review on Law and Politics
• Main Author: Peter Ørebech
• Format: Article in Journal/Newspaper
• Language: English; Norwegian
• Published: Cappelen Damm Akademisk NOASP 2015
• Subjects: EU Common Fisheries Policy; subsidization; vessel overcapacity; discard; micromanagement; five structural failings; inappropriate instruments; responsive fisheries; Responsible Editor: Øyvind Ravna; UiT - The Arctic University of Norway; Tromsø; Norway; Law; K; Arctic; Arctic review on law and politics; Arctic University of Norway; UiT The Arctic University of Norway
• Online Access: https://doi.org/10.17585/arctic.v6.93; https://doaj.org/article/81a87555d3db4e61b998ef15caa69860

This lex ferenda article examines EU efforts to change the criticized and now-repealed 2002 “top-down” management regulation with its discard system, vessel decommissioning, fishing effort management, and quota allocations. The 2013 regulation's objective is to remedy the Common Fisheries Policy's “five structural failings.” Unfortunately, the new regulations have failed to improve the situation. Political obstruction, lax enforcement, transitional costs, and the weight of the status quo hamper future amendments.