3.1 Environmental Legislation
3.2 Hygiene in Foodstuffs
3.3 Fish Disease
3.4 Markets
3.5 Financial Assistance
Throughout Europe aquaculture suffers from the lack of an adequate regulatory framework. It is important that as such a framework is developed it is done so in consultation with the industry. The industry therefore has the responsibility of cooperation as a coherent partner for discussion.
Within the EC it is recognised that aquaculture producers face a complex regulatory structure and there are moves to make this more transparent. A directory containing the most important regulations, directives and decisions currently in force regarding aquaculture, as well as processing and marketing of fishery products, has been prepared by the EC DG Fisheries services. This will be the nucleus of a database available on the website: http://europa.eu.int/comm/dgs/fisheries/index_en.htm. Of the 350 acts currently in the directory approximately half are germane to aquaculture. The key legislative acts are less numerous and are summarised below.
Environmental protection has assumed a central role in the objectives of the European Community. While current environmental provisions do not create a specific framework for aquaculture, they have relevance for the sector. When setting up a fish farm location and environmental constraints have to be taken into account. Nature conservation requirements are principally found in Directive 79/409/EEC on the conservation of wild birds; as well as Directive 92/43/EEC on the conservation of natural habitats and wild flora and fauna. Since October 2000, most water quality issues have been taken into account through Directive 2000/60/EEC which establishes a framework for Community action in the field of water quality covering inland surface waters, transitional waters, coastal waters and groundwater. In the long term this directive will introduce river basin management, monitoring of the chemical and ecological status of water and pollution measurement. It repeals earlier directives on water quality standards.
Directive 85/337/EEC on the assessment of the effects of public and private projects on the environment requires that projects likely to have a significant effect should be subject to environmental impact assessment (EIA). According to the Directive, the Member States decide whether an intensive fish farm should undergo an EIA. Directive 76/464/EEC on control of pollution by discharge of dangerous substances into the aquatic environment also covers biocides and organic substances used in aquaculture.
Aquaculture activities will be subject to monitoring and possible enforcement action to ensure that they meet emission standards fixed under Directive 76/464/EEC. There may also be restrictions on the use of some chemicals in aquaculture under a set of Directives relating to restriction on the marketing and use of certain dangerous substances.
There are also other controls that may have an effect on aquaculture. Examples are Directive 76/464/EEC controlling discharges of dangerous substances from industry (including heavy metals) and Directive 91/271/EEC on urban wastewater treatment. Both should contribute to achieving better water quality for aquaculture.
EC legislation on food safety is complex and not always clear. Consolidation has progressed under the Simplification of Legislation for the Internal Market (SLIM), with a draft proposal merging 16 Council directives on animal health and food hygiene into four regulations and one directive. These are not yet adopted by the Council but are expected to enter into force in July 2002. The legislation places the full responsibility for food safety on the food producer at all levels of the food chain, from primary production to the consumer. The veterinary rules have also been recast to prevent the spread of animal diseases through products of animal origin. The new directive will repeal previous texts and will apply both to EC products and imports from third countries. Fish farmers will now be expected to implement hazard analysis and control principles and to keep records relevant to fish health protection.
There are two directives concerned with the spread of aquaculture disease: Directive 91/67/EEC concerns animal health conditions governing placing on the market of aquaculture animals and products, while Directive 93/53/EEC introduces minimum measures for control of fish diseases. There are also a number of accessory acts.
Council Regulation (EC) 104/2000 on the common organisation of markets in fishery and aquaculture products allows the setting up of producers’ organisations to improve marketing coordination. Market legislation also deals with tariff quotas and duties for imports.
The Community provides financial support to aquaculture in two ways. Firstly, through funding research under the Community Research and Technological Development (RTD) Programme, although the bulk of research funding comes from Member Sates and the industry. Secondly, as capital grant contributions within the framework of structural funds. This is done by the Financial Instrument for Fisheries Guidance (FIFG) under regulation (EC) 2792/1999, which in addition to providing funds for productive units, emphasises efforts to improve the environment and collective actions.
