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INTERGOVERNMENTAL CONFERENCE ON THE ACCESSION OF REPUBLIC
OF BULGARIA TO THE EUROPEAN UNION NEGOTIATION POSITION CHAPTER
8 FISHERIES OVERALL POSITION
The Republic of Bulgaria accepts and will fully implement
the acquis with respect to Chapter 8 - Fisheries.
As a working hypothesis, the Bulgarian Government considers
that Bulgaria will become a member of the EU on 01.01.2007.
The Republic of Bulgaria does not request any transitional
periods or derogations with respect to Chapter 8 - Fisheries.
ADOPTION AND IMPLEMENTATION OF THE ACQUIS
The main legislative act on fisheries is the Fish Husbandry
Act from 1982, including the pertaining secondary legislation
to it. The Bulgarian legislation on fisheries contains a number
of provisions, in considerable compliance with those applied
in the EU Common Fisheries Policy (CFP).
To ensure complete harmonisation of the Bulgarian legislation
with the acquis the Republic of Bulgaria will adopt
and implement the following legislative acts and measures:
· A new Fisheries
and Aquaculture Act (FAA), which was submitted by the Council
of Ministers to the Parliament on 3.07.2000, and will enter
into force from the beginning of 2001. The FAA provides the
legal framework for implementation of all major aspects of
the Common Fisheries Policy - conservation of resources (catch
quotas, logbooks, technical measures); control and management
of fishing activities (Fishing vessels register, licensing
of fishing activities, satellite system for monitoring and
control); international agreements; structural measures; collection
and processing of fisheries statistics; market organisation
and trade issues; producer groups and organisations (the draft
FAA is in compliance with Regulations 3760/92, 2847/93, 894/97,
686/97, 1382/87 2930/86, 2090/98, 1382/91, 3759/92, 104/2000,
2636/95, 3690/93, Decision 619/93, etc);
· Secondary legislation
under the FAA, which will fully transpose the EU acquis
by the end of 2005;
· The Council of Ministers will adopt
the first 3-year National Programme for Fisheries and Aquaculture
within a year after the enforcement of the FAA. The purpose
of the Program will be to identify national priorities in
the fisheries sector, and to contribute for the establishment
of a balance between biological, social and economic aspects
of fisheries.
All necessary institutional structures for the effective
implementation of the EU legislation on Chapter 8 - Fisheries
are in a process of reinforcement or establishment in the
Republic of Bulgaria. In compliance with the acquis and
on the basis of the new Fisheries and Aquaculture Act,
the above mentioned National Programme will specify the step-by-step
administrative reconstruction and improvement of the state
administrative capacity for full implementation of the acquis
by the time of accession.
The National Agency for Fisheries and Aquaculture (NAFA)
to the Minister of Agriculture and Forestry is the main administrative
structure, responsible for the implementation of the fisheries
legislation. It has 6 Regional Fisheries Inspectorates.
NAFA performs activities concerning the conservation and
reproduction of fish resources, control on the implementation
of the fishing activities in the inland water basins, the
Bulgarian coastal zone in the Black Sea and the Danube river
(control on fishing activities, issuing of fishing licenses,
maintenance of the fishing vessels register, collection and
processing of fisheries statistics).
NAFA will implement
on its own some of the requirements of the EU CFP, and the
rest in cooperation with other administrative institutions
as further specified in detail in the position paper. On the
basis of existing or pending to be signed agreements with
these institutions, NAFA will introduce additional measures
to improve the control system and the coordination among the
administrative structures concerned, with a view of the effective
implementation of the CFP requirements.
The Republic of
Bulgaria provides financial resources from the State budget
for measures concerning the legislation approximation and
reinforcement of the administrative structures in the fisheries
sector. The number of the staff in NAFA will be significantly
increased (at least doubled) as from 01.01.2001 and the equipment
of the agency will be improved with a view of the effective
implementation of the acquis.
The Republic of
Bulgaria (NAFA) has applied for a 2-year Phare project (Financial
memorandum 2001) which includes technical assistance (investment
component), and institutional building assistance (under a
Twinning project). This project will contribute to the faster
improvement of the NAFA capacity to build up the control and
information systems on fisheries in compliance with the acquis,
as well as to the provision of equipment, harmonization
of legislation and training of staff for operating the acquis.
1)Conservation of fish resources
In the area of conservation of fish resources, including
technical measures and restrictions, regulating catches, licensing
of fishing activities, fixing and control of catch quotas
of certain species, keeping of logbooks on fishing activities,
the Bulgarian legislation is characterized with a high degree
of compliance with the acquis.
Licensing of fishing activities
All fishing activities in the Black Sea, the Danube river
and inland waters, with the exception of fish farming, are
subjected to licensing. The National Agency for Fisheries
and Aquaculture through its regional services– the Regional
Fisheries Inspectorates (RFI), issues personal licenses to
each person, performing fishing activities. The documents
needed for licensing should be accompanied by copies of the
documents for registration of the vessel, issued by the Executive
Agency "Maritime administration" (EAMA) to the Minister
of Transport and Communications, where all the technical data
of the vessel is included.
The license contains data of the owner, data of the place,
the fishing zone, the fishing gear and equipment, the type,
registration number and the name of the vessel used.
The control functions with respect to the implementation
of the licensing system are performed by NAFA through on-water
checks, as well as through checks at the ports and the trading
places. The National Agency for Fisheries and Aquaculture
has started the establishment of coordination system with
the Ministry of Transport and Communications (MTC), where
the Fishing Vessels Register (FVR) is being established. In
case of infringements, leading to deprivation of the fishing
license, NAFA within 48 hours informs EAMA for notifies the
restriction to the FVR.
Full compliance with the acquis, with respect to the licensing
of fishing activities, will be achieved through the adoption
of secondary legislation to the FAA by the end of 2002.
Satellite monitoring and control system on fishing vessels
with length 24m and above
The Republic of
Bulgaria has undertaken the necessary steps towards the establishment
of a system for satellite monitoring of fishing vessels.
NAFA is applying
for technical assistance from the EU under a Phare project
(mentioned on page 2), with respect to the setting up of the
satellite monitoring system on fishing vessels. The establishment
of the on-land Monitoring Center will start in 2002, and will
be finalized in 2003 when the technical assistance from the
Phare project is expected to be received. A pilot project
for the implementation of the monitoring system will start
in 2004, and will involve several fishing vessels. In 2005,
the satellite monitoring system will encompass all fishing
vessels with length 24m or above which will be supplied with
on-board equipment.
The Cooperation
Agreement between the Executive Agency "Maritime Administration"
and NAFA, signed on 28.09.2000, contains additional provisions
for the establishment and maintenance of satellite monitoring
on fishing vessels with length of 24 m and above.
According to the provisions of this agreement the Executive
Agency "Maritime Administration" is responsible
for the monitoring of fishing vessels with length 24 m or
above, through a system for satellite monitoring and control,
following the requirements of the EU CFP. EAMA will submit
the required information from the satellite system to the
relevant EU authorities.
A high degree of coordination exists between NAFA and EAMA
with respect to the activities related to the future establishment
and implementation of the satellite monitoring system on fishing
vessels.
Catch quotas
The Black Sea is not included in the Common Fisheries Policy
regulations, and the Black Sea is not inhabited by fish species
for which EU Total Allowable Catch (TAC) is applied. The Republic
of Bulgaria, however, has the experience and capacity for
the implementation of such a regime with a view to the fish
resources conservation and their normal reproduction.
Annual catch quotas are applied for certain industrial fish
species (turbot and sturgeon). These quotas are determined
on the basis of recommendations received from scientific research
on the stocks of these fish species.
Turbot
The total allowable catch is determined annually by the Minister
of Agriculture and Forestry on the basis of the research carried
out by the Fish Resources Institute (FRI) in the town of Varna,
concerning the turbot resources situation, in relation to
the reproduction potential of the population. A quota of 40
tons for turbot catch is introduced for the year 2000.
Sturgeon species
Based on the NAFA’s
statistical data on the catch of sturgeon species for the
last years, reports prepared by the Ministry of Environment
and Waters (MEW) are provided to the authorities of the Convention
on the International Trade with Endangered Species of the
Wild Flora and Fauna /CITES/. On the basis of the average
annual sturgeon catch for the last years, which vary between
35 and 50 tons of all sturgeon species (great sturgeon, Black
Sea sturgeon, Stor sturgeon and Sterlet), the CITES Convention
authorities have fixed an export quota for black caviar of
2 500 kg, corresponding to a catch of 30 tons of productive
sturgeons.
The control functions
for the observation of the quota regime are performed mainly
by NAFA through physical checks (on spot) of fishing logbooks
and the main trade points. With respect to the control activities
“on water” NAFA is supported by the control vessels of the
MEW and the National Service “Border Police” to the Ministry
of Interior (MI). Additional control is applied through the
veterinary certificates issued by the National Veterinary
Service for the quantities of fish caught. The export of turbot
and black caviar is also subjected to control from the Agency
“Customs” through the data included in the customs declarations.
The Republic of
Bulgaria expects that upon accession the applied measures
concerning catch quotas for the species listed above will
be added to the acquis with respect to the fishery resources
conservation in the Black Sea.
Control of fishing vessels activities
NAFA, in cooperation with the National Service “Border Police”,
MEW and FRI, controls “on water” the fishing vessels for observation
of the catch regime. In view of improving the effectiveness
of control measures NAFA is planning to buy new control vessels.
Part of the new control vessels is expected to be provided
through the forthcoming Phare project (noted on page 2).
Fishing logbooks
The existing legislation of the Republic of Bulgaria includes
a requirement each fishing vessel to keep a fishing logbook
where the following information should be noted every day:
catch quantity, fish species caught, region where the catch
is carried out, type of the fishing gear used.
The requirements related to the keeping of fishing logbooks
are in compliance with Regulation 2847/93. Full compliance
with the acquis will be achieved by the end of 2001.
Implementation of technical measures on catches
In accordance with the Fish Husbandry Act and the pertaining
secondary legislation to it, the following technical measures,
related to the catch regime, have been introduced (these measures
are incorporated in the new FAA as well):
· regulation of the minimum allowable mesh size, since 1997
it has been increased in order to preserve the population
of young fish;
· bans and restrictions on the use of particular fishing
equipment, which brings about overcatch or damages the inhabited
environment and resource reproduction;
· fixing of the minimum allowable size of fish and other
aquatics, subjected to fishing;
· fixing of the terms and periods during the year, when
the fishing of the respective species is forbidden;
· determination of specific measures, related to certain
species and specified fishing zones.
NAFA is responsible for the control activities, in respect
to the observation of the technical measures on catches. MEW
and the National Service “Border Police” support NAFA for
performing control activities.
The Republic of Bulgaria wishes to retain its right to apply
more restrictive technical measures on fishing related to
bottom trawling and dragging within the 12-mile territorial
zone in the Black Sea, on the basis of Article 6 of Regulation
3760/92.
The technical
measures applied are directed towards conservation of fish
resources, and are in compliance with the specifics of the
bio-equilibrium in the Black Sea. All risks and consequences
arising from commercial exploitation of the 12-mile territorial
zone in the Black Sea should be considered very carefully.
Due to its isolation, space limitation and natural ecological
burden this zone is quite vulnerable in terms of its natural
capacity to preserve the existing bio-resources, and the antropogenuous
impact (including the bottom trawling) could lead to irreversible
damage.
The more restricted technical measures on catches are:
· based on the
same principles as the ones of the acquis (with respect to
the technical measures);
· determined in
compliance with the recommendations received from scientific
research;
· pointed to the
conservation of the stocks of the main fish species;
· non-discriminative – in practical
terms, they concern only Bulgarian fishermen. There are no
historical fishing rights or rights providing access to the
Bulgarian 12-mile fishing zones for fishing vessels of any
of the neighboring countries (Romania and Turkey);
Therefore, the technical measures applied by Bulgaria could
successfully complement the existing EU acquis as far as
the Black Sea area is concerned..
Catch statistics
The catch statistics are collected and compiled by NAFA,
in compliance to the existing national methodologies. The
Eurostat methods are pending introduction (see point 4 – Structural
measures).
2) International agreements and conventions
The Republic of Bulgaria has signed a number of conventions
and international agreements in the area of fisheries. A full
list of the international agreements and conventions is available
in Annex 1.
Despite the absence of an operational long-distance fishing
fleet at the present moment, the Republic of Bulgaria expects
by the date of accession to have such a fleet, which will
use the fishing rights resulting from the existing international
agreements and conventions where Bulgaria is a part.
The Republic of Bulgaria declares that, in accordance with
the principle of exclusive Community competence, its interests
in all international agreements and conventions will be represented
by the Community as from the date of accession.
The Republic of Bulgaria declares that its willingness to
retain certain fishing rights will only be based on its effective
contribution to the increasing of the Community share, and
that such a demand will not be at the expense of the shares
of the rest EU member states.
· With respect
to the Convention on future multinational co-operation in
North-West Atlantic Fisheries (NAFO), the Republic of Bulgaria
requests the retaining of the existing rights for fishing
within the NAFO area. The Republic of Bulgaria wishes that
its relative share as the EU Member State will be determined
on the basis of the principle of relative stability (subject
to the declaration in paragraph 4 of item 2).
· With respect
to the Convention on future multilateral co-operation in North-East
Atlantic Fisheries (NEAFC), the Republic of Bulgaria will
undertake the necessary steps for reintroducing its fishing
rights (quotas) in the NEAFC area, in case they are temporarily
lost. The Republic of Bulgaria intends to maintain its future
rights to fish in the NEAFC area. The Republic of Bulgaria
wishes that its relative share as the EU Member State will
be determined on the basis of the principle of relative stability
(subject to the declaration in paragraph 4 of item 2).
· With respect
to the Agreement between the governments of the People’s Republic
of Bulgaria and Canada concerning fisheries relations,
the Republic of Bulgaria requests to maintain its rights to
fish in the Agreement area. The Republic of Bulgaria wishes
that its relative share as the EU Member State will be determined
on the basis of the common principles of the CFP, and with
respect to the Memorandum for cooperation between the Community
and Canada.
· With respect
to the Convention on the Conservation of Antarctic Marine
Living Resources (CCAMRL), the Republic of Bulgaria expresses
its interest to maintain its potential future rights to fish
in the CCAMRL area.
· With respect
to the Draft Convention on Fishing and Conservation of Life
Resources in the Black Sea, the Republic of Bulgaria expresses
its interest to maintain its potential future rights to fish
in the Convention area.
3) Market organization
There are no financial funds envisaged for the implementation
of intervention mechanisms in the market for fish and fishery
products, before the accession of Bulgaria into the EU. At
present Bulgaria does not intend to introduce the optional
mechanisms under the CMO in the framework of the CFP.
The FAA provides the possibility for setting up producer
groups and organizations, complying with the EU requirements,
which after accession will have the possibility to propose
the introduction of any mechanisms or intervention measures
within the framework of the Common market organization.
To provide for the collection and processing of reliable
market information and the establishment of an adequate market
infrastructure in the sector, representative markets for fish
and fish products will be built in several ports at the Black
sea and the Danube river, as well as in other some major cities
in the country.
4) Structural policies
Pre-accession funds
With the objective to implement structural measures in the
area of agriculture and fisheries a SAPARD Agency (to the
State Fund “Agriculture”) was established with a Council of
Ministers Decree from the 6th July 2000. The Agency
will co-finance targeted projects, in conformity with the
priorities identified in the National Agriculture and Rural
Development Plan (2000-2006) among which improvement of production,
processing and marketing of fish and fish products (incl.
aquaculture), so that they comply with the EU standards. The
plan includes the following measures eligible for support
related to fisheries:
Measure 1.2 Improvement of processing and marketing of agricultural
and fish products. According to this measure, processing establishments
will be financed in order to improve the hygiene and quality
of the fish products to meet the requirements of the EU.
Measure 2.1 Development and diversification of the economic
activities. This measure aims at creating possibilities for
diversified activities generating alternative income (for
example from agri-tourism, sports fishing etc.)
Based on the experience gained from using the pre-accession
funds under the SAPARD Programme, the Republic of Bulgaria
will achieve capacity to apply the Financial Instrument for
Fisheries Guidance (FIFG) to provide structural aid for the
reconstruction and modernization of the fishing fleet (without
increasing its fishing capacity after the accession of Bulgaria
to the European Union), for the modernization of port facilities,
development of aquaculture, processing and marketing of fish
and fish products, socio-economic measures.
Fishing Vessels Register (FVR)
The Executive Agency "Maritime administration"
to the Minister of Transport and Communications is keeping
one register of small ships up 40 t of gross tonnage (GT),
and one register of big ships over 40 GT according to the
Bulgarian Merchant Shipping Code and pertaining secondary
legislation. Each ship which has the right to fly the Bulgarian
flag is subject to a registration in these registers. Bulgaria
is also a part to the Convention on tonnage measurement (the
London Convention) from 1969, and has fully introduced the
relevant European provisions in this area.
On the basis of the existing registers for small and big
ships, EAMA has established and maintains a database (using
standard MS Excel software) for the fishing vessels. The data
items collected are in compliance with the requirements of
the acquis. The existing legislation related to the FVR is
in conformity with Regulations: 2930/86, 2090/98, 3259/94
and Decision 84/95.
A Cooperation
Agreement between the Executive Agency "Maritime administration"
and NAFA was signed on the 28.09.2000. It contains additional
provisions regarding the Fishing vessels register and the
sharing of competencies between the two agencies concerning
its maintenance.
The FVR is being
established in the MTC in full compliance with the requirements
of the acquis, and on the basis of the pending amendment of
the Bulgarian Merchant Shipping Code, draft FAA, and pertaining
secondary legislation.
EAMA will be responsible
for submitting updated information in respect to the FVR to
the relevant EU authorities, in compliance with the requirements
of the acquis.
NAFA will submit to EAMA data concerning the fishing gear,
fishing zones and licensing of fishing activities. In case
of infringements, leading to deprivation of the fishing license,
NAFA within 48 hours informs EAMA to introduce the restriction
in the Fishing Vessels Register.
A high degree of coordination exists between NAFA and EAMA
with respect to the activities related to the establishment
and maintenance of the FVR.
On the basis of the existing data on fishing vessels, and
the preparatory work of MTC, no remeasurement of the fishing
vessels with length above 24m will be required. EAMA has
data on the characteristics of the fishing vessels (old and
new), in compliance with the acquis.
Remeasurement will be required for the vessels with length
between 8-15 and 15-24 m. With that respect Bulgaria expects
confirmation whether the Greek coefficient could be used (as
there exists a similarity between the Greek and the Bulgarian
vessels), or a new coefficient should be specified. The EAMA
is planning to start the remeasurement of the above mentioned
group of vessels by the end of 2000 with a view of completing
the procedure by the end of 2001.
The necessary hardware equipment for operating the FVR is
available and Bulgaria is currently studying the possibilities
to obtain in 2001 the required software. Consultations with
Greek and Swedish experts are carried out for the establishment
of FVR and for the provision of the required FVR software.
Two EU missions to this end: one from Greece in the framework
of Twinning Phare projects No BG98/IB-AG-03 and one from Sweden,
financed by TAIEX, will be held by the end of 2000. Bulgaria
will be ready to perform a test transmission of data from
the FVR to the competent EU authorities by the middle of 2001.
The Republic of Bulgaria does not foresee any difficulties
with respect to the updating of the database of the FVR, and
for the prompt submission of this information to the competent
EU authorities.
The Fishing Vessels Register will be completed
by the end of 2001.
Statistical information
According to the Memorandum of Understanding between the
Ministry of Agriculture and Forestry (MAF) and the National
Statistical Institute (NSI) signed on 26.04.1999, the responsibility
to collect and process statistical data with respect to Chapter
8 -Fisheries, is ascribed to MAF.
Based on this memorandum and the Protocol for Cooperation
between the Agrostatistics Department in MAF and the National
Agency of Fisheries and Aquaculture, signed on 04.10.2000,
NAFA will organize and carry out statistical surveys according
to the following modules of the Eurostat’s Statistical Requirements
Compendium: 691 (statistics on the fishing fleet), 692 (captures
statistics), 693 (landing and supply balance sheets) and 694
(aquaculture statistics). The Agrostatistics Department will
provide NAFA with methodological assistance for the processing
of the collected statistical information.
NAFA will be responsible for submitting the processed statistical
information to the competent authorities of the EU following
the Statistical Requirements compendium. The statistical data
collected by MAF (NAFA) will be also submitted to the NSI.
In 2001, an analysis will be completed concerning the establishment
of a system for collecting and processing of statistical data
on fisheries in full compliance with the Community acquis.
The adoption of secondary legislation to the FAA in the area
of statistics will start in 2002, and their practical implementation
will begin in 2003. Full harmonization with the acquis in
the area of fisheries statistics will be achieved by the end
of 2003.
5)State aid
The Republic of Bulgaria declares that all measures for support
contradicting the EU acquis will be ceased by the date of
accession to the EU.
At present, there are several forms of state aid in the fisheries
sector.
According to the Income Tax Act (for taxing the income of
the natural persons and sole traders), in force since 1 January
1998, the taxable income of people employed in fish-farming
is reduced by 60%. Producers of unprocessed freshwater fish
are not levied with an income tax.
According to the Corporate Tax Act, in force since 1 January
1998, producers - legal entities involved in the production
and sale of unprocessed fish and aquatics from the artificial
lakes and dams, can retain their profit tax payments. The
retained tax payments must be invested in freshwater fish
farming activities.
Ordinance No 14 of 1998 stipulates the conditions and rules
for providing funds from the state budget (and other sources)
for support of activities related to the creation, conservation,
breeding and diversifying the genetic variety of fish and
aquaculture. The funds are used for:
- direct deliveries of genetic material (imported or from
internal sources);
- breeding, reproduction and conservation of genetic resources;
- feeding stuffs, medicines and other direct and indirect
production expenses connected with the survival, conservation
and reproduction of the genetic fund.
The funds from the state budget could be granted as a subsidy
or provided under the condition to be reimbursed.
A Central Commission in MAF decides on the allocation of
funds and performs the control on the grants’ use. If the
funds have been used with an unauthorised purpose, the funds
must be reimbursed in full with an interest.
At present, granting of state aid is controlled by the Commission
for Protection of Competition (CPC).
The Ministry of Finance is another institution, which monitors
the development of the sector. In 1996, an inventory list
(register) was created which includes all the forms of state
aid in the sector. The list has been updated in 1998 in compliance
to the EU methodology. Since the beginning of 1999, the list
has also been recording data for all indirect forms of state
aid.
ANNEX 1
Convention on future multinational cooperation in North-West
Atlantic Fisheries (NAFO)
Date of signing in Ottawa – 24.10.1978. Depositor – Canada.
It came into force on 01.01.1979, for Bulgaria from 06.06.1979.
Ratification with Government Decree No. 821/25.05.1979, published
in the State Gazette No. 43/1979.
After ratifying NAFO, the Republic of Bulgaria actively participated
in the work of its governing structures. Since the state enterprise
“Ocean Fishing” entered liquidation procedures no Bulgarian
representative has participated in the annual meetings of
member-states.
The Republic of Bulgaria is still a member of the convention,
but since 1993 the annual fees have not been paid to the organisation
and no Bulgarian fishing vessels have been operating in the
zone of the convention. Since 1998 the Bulgarian quota has
been divided and assigned to the other member states.
The country used a catch quota in the convention operation
zone of 300 tonnes of Redfish/Sebastes marinus and 500 tonnes
of squid. The quota has been used entirely in the 80s and
partially in the period 1989-1992.
The Republic of Bulgaria intends to undertake the necessary
steps for paying off the accumulated obligations and to obtain
the catch quotas for Redfish/Sebastes marinus and squid in
response to the declared interest on behalf of the Bulgarian
economic agents in the sector.
Convention on future multilateral co-operation in North-East
Atlantic Fisheries (NEAFC).
The convention has been signed in London on 18.11.1980.Depositor
– the United Kingdom. Bulgaria joined the Convention on 24.07.1984,
ratifying it with a State Decree 1017/28.03.1984. The Decree
was published in State Gazette No. 28/1984.
The Republic of Bulgaria is a member of the convention, and
has the right to fish in its area.
After ratifying NEAFC, the Republic of Bulgaria actively
participated in the work of its governing structures. Since
1990, Bulgarian fishing vessels have not been fishing in this
zone and the country might loose its fishing rights upon expiring
of the fixed period of non-usage of the fishing rights. There
is an interest on behalf of private companies for fishing
in the convention area and the Republic of Bulgaria will undertake
the necessary steps to recover its fishing rights in case
they are temporarily lost.
Agreement establishing the General Fisheries Commission for
the Mediterranean (GFCM)
Signed in Rome on 24.12.1949; amended in Rome on 03.09.1996.Depositor
– FAO. In force since 20.02.1952; for Bulgaria from 03.07.1972.
Approved with a Decision of the Council of Ministers N 186
on 16.05.1972 with Article 13 derogated.
There are no fishing rights, arising from this Agreement.
The agreement has been signed by the Republic of Bulgaria
with reserve on article 13. The Republic of Bulgaria has withdrawn
this reserve with the Act of Withdrawal of Reserves and Declarations
on International Conventions with regard to the obligatory
jurisdiction of the International Court and the international
arbitrage, adopted by the National Assembly on the 12.01.1994,
State Gazette N 8 of 1994. The country has participated in
the work of the agreement authorities as an observer.
Agreement between the governments of the People’s Republic
of Bulgaria (PRB), The Socialist Republic of Romania (SRR) and
the Union of the Soviet Socialist Republics (USSR) for fishing
in the Black sea.
The Agreement was signed in Varna on 07.07.1959. Depositor
– Bulgaria. In force since 21.03.1960.
Ratified with a Government Decree No. 546 on 12.12.1959
and published in State Gazette No.101/1959.
The text of the Agreement is published in the State Gazette
No. 33/1960.
The Agreement concerns only fishing activities outside the
territorial zones of the contracting parties. There are no
specific fishing rights (quotas) pursuant to this agreement.
The last session of the Committee for implementation of the
agreement took place in 1993. During the session, it was decided
to establish a working group to prepare a proposal for a new
Convention on fishing and conservation of live resources in
the Black Sea. Work on the proposal for the new Convention
started in 1995 and is still in process. On the last meeting
of the working group of experts, in September 2000 in Instanbul,
an agreement in principle was reached to adopt and apply the
new Convention under the authority of the Organisation for
Economic Cooperation in the Black Sea Area. The Convention
will be open for joining by all countries that are members
of the Organisation for Economic Cooperation in the Black
Sea Area.
The draft Convention stipulates the introduction of a total
allowable catch and national quotas for the catch of the most
important fish species, especially for the migratory ones,
which must be subject to international measures for conservation
and control, as well as to a specific regime for resource
exploitation.
The draft Convention provisions relate to the fishing activities
in the territorial and inland waters of the contracting parties
as well as to the open-sea fishing.
Agreement for Cooperation in the area of sea fishing
The agreement was signed in Warsaw on 28.07.1962 among Poland,
USSR and the German Democratic Republic. Depositor – Poland.
The Agreement came into force on 22.02.1963. Bulgaria acceded
the agreement on 19.09.1964.
There are no rights and obligations or regulative measures
related to fishing including catch quotas, pursuant to this
agreement. The agreement does not apply after the collapse
of the Socialist system and the dismantling of the Council
for Mutual Economic Cooperation (COMECON).
Agreement between the governments of USSR and the People’s
Republic of Bulgaria for reciprocal fishing of anchovies and
sprat in the territorial waters of the two countries in the
Black Sea
Signed on 03.10.1978 in Moscow.
According to the agreement, fishing rights and obligations
including quotas used to be determined every year. Ships of
USSR and Bulgaria had the right of mutual access to their
territorial waters for industrial fishing.
The agreement ceased to apply after the collapse of the former
USSR, as the pursuant fishing rights referred to fishing regions
under the jurisdiction of Russia, Ukraine and Georgia.
There is an interest to restore the relations with the Russian
Federation, concerning fisheries and to update the agreements
that were in force between the Republic of Bulgaria and the
former USSR (as has already been done between Ukraine and
the Republic of Bulgaria).
Agreement between the governments of the Republic of Bulgaria
and Ukraine for cooperation in the fisheries sector
The Agreement was signed in Sofia on 13.09.1993. It is in
force since 20.04.1994.
This is a framework agreement for co-operation, there are
no rights (catch quotas), pursuant to it.
Convention on the Conservation of Antarctic Marine Living
Resources (CCAMRL)
The convention was signed in Canberra, Australia on 20.05.1989.
Depositor – Australia.
Bulgaria joined the Convention with a decision of the Council
of the Ministers No. 129 on 08.04.1992. It was ratified with
a law, adopted by the 36-th National Assembly. The convention
was published with a Decree N 146 from 23.06.1992 of the President
of the Republic, State Gazette - 43/1992. In force for Bulgaria
since 30.09.1992.
After the ratification of this convention Bulgaria has participated
in the annual meetings of the Commission on Conservation of
Antarctic Marine Living Resources and the Scientific Committee
as an observer.
The Republic of Bulgaria intends to undertake steps in the
near future to be assigned as a member of the Commission as
long as Bulgarian firms are interested in fishing activities
in the operating area of the convention.
Agreement between the governments of the People’s Republic
of Bulgaria and Canada concerning fisheries relations.
According to this agreement Bulgarian fishing ships have
the right to fish within the 200 miles Canadian economic zone,
outside the territorial sea waters and the zones fixed before
1977. Canada allocates quotas to Bulgarian ships, which constitute
a surplus within the Total Allowable Catch that Canada cannot
use. According to this agreement Bulgarian ships have to be
licensed by the Canadian government authorities in order to
be allowed to use the quotas.
Since 1993 Bulgarian ships have not been fishing in the area
covered by this Agreement.
Agreement between the governments of the People’s Republic
of Bulgaria and the People’s Republic of Mozambique for cooperation
concerning fisheries.
According to the provisions of this agreement, the People’s
Republic of Mozambique, under certain conditions, grants rights
to the Bulgarian fishing ships to catch fish in the area of
its economic 200-mile zone. There are no specific catch quotas
pursuant to this agreement.
Agreement between the government of the People’s Republic
of Bulgaria and the government of the Islamic Republic Mauritius
for cooperation concerning sea fisheries
According to the provisions of this agreement, the Islamic
Republic Mauritius grants rights to the Bulgarian fishing
ships to catch fish in the area of its economic 200-mile zone.
There are no quotas specified.
Agreement between the government of the People’s Republic
of Bulgaria and the United Republic of Tanzania for cooperation
concerning tourism, forestry, hunting and fishing
This is a framework agreement for co-operation, and there
are no fishing rights (catch quotas), pursuant to this agreement.
ANNEX 2
GENERAL OVERVIEW OF THE SECTOR
The fisheries sector is important for the economy of the
Republic of Bulgaria, especially in some less developed areas
and along the Black Sea and the Danube River coasts.
As to 30.06.2000 over 90 % of the fish farming establishments
and 100 % of the Black Sea fishing industry establishments
were privatized. There are over 70 private, state-owned and
of mixed ownership companies, operating in the sector. The
total number of employed in the fisheries and aquaculture
sector is over 7000 (including licensed individual fishermen
in the Danube river and the Black Sea; and those occupied
with fish farming and industrial fishing in big state-owned
and public-owned dams).
100 % of the trade in fish and fishery products, including
import, export and re-export, is carried out by private companies
and individuals.
The ocean (long distance) fishing fleet was disintegrated
as a result of the liquidation of the state company “Ocean
Fishing” in the town of Bourgas. There is only one registered
long distance transportation-refrigerating ship in operation.
Over the last few years, the structure of the Black sea
fishing fleet was changed. The old medium-sized vessels of
and over 80 t of gross tonnage have been replaced by smaller-sized
and more mobile vessels of 10 to 50 t of gross tonnage. It
is therefore necessary to optimize the fishing effort and
regulate the number of vessels under the fishing fleet in
the next couple of years as this is done in the EU.
The fishing activities in the Danube river region are carried
out by private fishermen with industrial fishing licenses.
Fishing provides living to more than 1 100 households in the
Danube riverside regions, and represents the major source
of income for a number of riverside villages. According to
the statistical data, the Danube fish catches amounted to
1200 tons on a year’s average over the last 4-5 years.
Black Sea fishing is largely carried out by individual fishermen
covered by the fishing licensing system (100% private ownership
of open-deck boats and nets, and 95% private ownership of
fishing ships).
Mainly private fishermen who will be covered by the licensing
system in 2001 carry out industrial fishing in inland waters.
The main purpose is to determine the conditions and parameters
of their activity with regard to the protection, control and
reproduction of fish resources (artificial fish stocking).
These inland reservoirs can provide a solid basis for the
production of highly protein food as well as for the organization
of recreational fishing and rural tourism in the mountainous
and semi-mountainous areas. They provide opportunity for the
rural population to diversify their economic activities and
earn additional income. There are over 21 big (over 500 Ha),
54 medium-sized (100-500 Ha) as well as 4 686 small-sized
dams in Bulgaria.
Some species of
industrial importance in the Black Sea and the Danube river
(sturgeon species, turbot, belted bonito and others) are endangered.
The same goes for the genetic fund of some industrial fresh
water fish including some basic fish farming species as Balkan
trout and Rainbow trout, Common carp, Silver carp/Bighead
carp, Grass carp and others. In the period 1989-1998 the state
did not fund fish and aquaculture reproduction in state water
basins and reservoirs. The first restocking was carried out
in 1998, whereas in 1999 a new massive restocking of the Danube
river and several state-owned dams was carried out.
Licenses issued by NAFA for industrial fishing in the Black
sea and the Danube river in 1999
|
¹
|
Licenses issued
|
Total
|
|
1.
|
Danube river - fishing boats
|
1 497
|
|
2.
|
Black sea - total
|
2 935
|
|
2.1
|
Fishing ships
|
43
|
|
2.2
|
Fishing boats
|
2 533
|
|
2.3
|
Railing fishing nets
|
43
|
|
2.4
|
Trap nets
|
98
|
|
2.5
|
Rapana (sea snail)
|
216
|
|
2.6
|
Mussels farms
|
2
|
Source: NAFA
Licenses issued by NAFA for industrial fishing in the Black
sea and the Danube river till 31.07.2000
|
¹
|
Licenses issued
|
Total
|
|
1.
|
Danube river - fishing boats
|
1 193
|
|
2.
|
Black sea - total
|
3 260
|
|
2.1
|
Fishing ships
|
40
|
|
2.2
|
Fishing boats
|
2 688
|
|
2.3
|
Railing fishing nets
|
54
|
|
2.4
|
Trap nets
|
100
|
|
2.5
|
Rapana (sea snail)
|
377
|
|
2.6
|
Mussels farms
|
1
|
Source: NAFA
Fishing vessels registered by the State Shipping Inspectorate
(01.10.2000)
|
Number of vessels
|
Gross Tonage
|
Length (m)
|
|
26
|
90-2468
|
24<L<54
|
|
36
|
20-40
|
8<L<24
|
|
3 872
|
>20
|
L<8
|
Source: EAMA
Catches in the Black sea for the period 1995-1999 (tons)
|
Year
|
Fish catches
|
Invertebrates
|
Total catch
(tons)
|
|
1999
|
5 154,1
|
3 902,0
|
9 054, 1
|
|
1998
|
4 120,0
|
4 394,1
|
8 514,1
|
|
1997
|
4 453,0
|
4 969,3
|
9 422,3
|
|
1996
|
4 466,9
|
3 266,6
|
7 733,4
|
|
1995
|
3 942,1
|
3 567,9
|
7 510,0
|
Source: NAFA
Bulgaria’s catch by species (in tons/MT)
|
Species
|
1987
|
1988
|
1989
|
1990
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
|
A. Freshwater species
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Freshwater
breams
/Abramis spp/
|
70
|
63
|
60
|
-
|
-
|
-
|
-
|
70
|
74
|
91
|
91
|
83
|
71
|
|
Barbel
/Barbus barbus/
|
|
|
|
|
|
|
|
|
92
|
120
|
112
|
113
|
93
|
|
Common carp
/Cyprinus carpio/
|
10027
|
9527
|
9200
|
6189
|
6200
|
6200
|
|
|
19
|
16
|
16
|
20
|
22
|
|
Grass carp
/Ctenopharing-odon idella/
|
|
|
|
|
|
|
|
|
3
|
8
|
8
|
17
|
20
|
|
Silver carp +
Bighead carp
/Hypophthal-michthys molitrix + Aristichthys
nobilis/
|
959
|
960
|
960
|
960
|
1000
|
1000
|
|
|
415
|
488
|
471
|
553
|
488
|
|
Cyprinids nei
/Cyprinidae/
|
116
|
91
|
120
|
-
|
-
|
-
|
-
|
250
|
14
|
19
|
25
|
33
|
38
|
|
Wels(=Som)
catfish
/Silurus glanis/
|
8
|
2
|
10
|
10
|
10
|
10
|
18
|
20
|
30
|
27
|
13
|
8
|
56
|
|
Pike-perch
/Stizostedion lucioperca/
|
18
|
1
|
10
|
10
|
10
|
10
|
29
|
30
|
22
|
26
|
15
|
15
|
18
|
|
Pike
/Esox lucius/
|
|
|
|
|
|
|
|
|
0
|
0
|
2
|
16
|
14
|
|
Trouts nei
/Salmo spp/
|
1514
|
1554
|
1455
|
700
|
700
|
700
|
|
|
|
|
|
|
|
|
Freshwater
fishes nei
/Osteichthyes/
|
1083
|
921
|
1200
|
1534
|
1500
|
1500
|
1576
|
1550
|
107
|
230
|
180
|
219
|
206
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
B. Anadromous species
(Sturgeons and Herrings)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sturgeons nei
/Acipenseridae/
|
21
|
1
|
28
|
13
|
10
|
10
|
10
|
10
|
29
|
33
|
50
|
56
|
51
|
|
Pontic shad
/Alosa pontica/
|
23
|
34
|
84
|
77
|
77
|
80
|
56
|
45
|
143
|
233
|
165
|
171
|
73
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C. Black sea species
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gobies nei
/Gobiidae/
|
23
|
10
|
23
|
14
|
14
|
15
|
10
|
11
|
580
|
477
|
424
|
381
|
437
|
|
Mullets nei
/Mugilidae/
|
10
|
12
|
3
|
1
|
1
|
1
|
6
|
6
|
25
|
29
|
31
|
13
|
17
|
|
Bluefish
/Pomatomus
saltatrix/
|
4
|
1
|
-
|
6
|
6
|
6
|
8
|
8
|
12
|
10
|
12
|
10
|
8
|
|
Species
|
1987
|
1988
|
1989
|
1990
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
|
Black Sea horse mackerel
/Trachurus mediterraneus ponticus/
|
826
|
1677
|
1101
|
164
|
164
|
165
|
79
|
80
|
70
|
68
|
36
|
40
|
30
|
|
European sprat
/Sprattus sprattus/
|
10979
|
6199
|
7403
|
2651
|
2651
|
2650
|
2174
|
2200
|
2874
|
3535
|
3646
|
3275
|
3595
|
|
European anchovy
/Engraulis encrasicolus
ponticus/
|
13
|
115
|
-
|
-
|
-
|
-
|
-
|
-
|
35
|
23
|
44
|
48
|
36
|
|
Black sea bonito
/Sarda sarda/
|
13
|
-
|
3
|
| |