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Spain, although affected, is not as badly affected as other European partners.

The UK's exit from the European Union finally materialised on the last day of 2020. The compromise on fisheries was the last point of the arduous negotiations and the differences were only overcome some conference before the unpostponable deadline. The fisheries agreement reached provides that for five and a half years EU vessels will continue to have access to fish in British waters. Although affected, Spain is not as badly affected as other European partners.

Fishing fleet in the Galician town of Ribeira [Luis Miguel Bugallo].

article / Ane Gil

The Brexit-culminating withdrawalagreement ran aground in its final stretch on the issue of fisheries, despite the fact that the UK's fishing activity in its waters contributes only 0.12% of British GDP.

That discussion, which nearly derailed the negotiations, centred on the delimitation of the Exclusive Economic Zone (EEZ), the area beyond territorial waters - at a maximum distance from the coast of 200 nautical miles (about 370 kilometres) - in which a coastal country has sovereign rights to explore and exploit, conserve and manage natural resources, whether living or non-living. The UK EEZ is home to fish-rich fishing grounds, which account, with a average of 1.285 million tonnes of fish per year, according to a 2019 study by the European Parliament's Fisheries Committee, for 15% of the EU's total fish catch. Of these catches, only 43% was taken by British fishermen, while the remaining 57% was taken by other EU countries. The European countries that had access to fishing in British waters were Spain, Germany, Belgium, Denmark, France, the Netherlands, Ireland and Sweden.

Therefore, the entrance in force of Brexit would mark the UK's withdrawal from the Common Fisheries Policy, which defines the access of European vessels to the Exclusive Economic Zone.

Initial perspectives

During its membership of the EU, the UK was part of the Common Fisheries Policy, whereby all EU member states' fishing fleets have equal access to European waters. In the EU, fishing rights are negotiated annually by the ministers of each member state and national quotas (the amount of fish of each species that each country's fleet can catch) are set using data historical data such as reference letter.

The Spanish fishing fleet followed the negotiations closely, as it had a lot to lose from a bad agreement. On the one hand, a Brexit without agreement could mean a reduction in income of 27 million euros related to fishing in British waters; it would also entail a drastic reduction in hake, megrim and mackerel catches for Spanish fishing boats specialising in these species. On the other hand, the employment would also be affected if the agreement established a drastic reduction in catches. Eighty Spanish vessels have licence to fish in British waters, which means almost 10,000 jobs for work related to this activity.

The negotiations

Until Brexit, British waters and their exploitation were negotiated jointly with the rest of the European Union's maritime areas. Brussels tried to maintain this relationship even if the UK left the EU, so the position of European negotiators focused on preserving the system of fishing quotas that had been in place, for a period of fifteen years deadline . However, British Prime Minister Boris Johnson always ruled out any trade agreement that would grant European vessels access to British waters in exchange for better conditions for British financial services in the single market as offered by Brussels. London wanted to implement a regime similar to the Norwegian one, which negotiates year by year the catches of EU fleets in its waters, with the difference that in the Norwegian case the pact refers to average dozen species, compared to almost a hundred in British waters.

We should bear in mind that the service sector accounts for 80% of the UK's GDP, while fishing activities account for only 0.12%. It is therefore quite clear that London's positions on the fisheries section were more political than economic. Although fishing activities have little impact on the British Economics , the fishing sector does have political importance for the Eurosceptic cause, as regaining control of the waters was one of the promises made in the Brexit referendum. Thus, this issue became a symbol of national sovereignty.

The starting point for the negotiations was the UK government's demand to repatriate up to 80% of the catches in its waters of control, while the EU offered refund to the UK between 15% and 18%. Johnson wanted to keep management from exploiting its waters and to negotiate with the EU as partner preferential. He expressed his initial intention to establish, from January 2021, more frequent negotiations on how to fish in his EEZ. This resulted in a finalagreement which implies that European vessels will continue to be able to fish in British waters for five and a half years, in exchange for refund 25% of the quotas EU vessels fish there, estimated to be worth around 161 million euros. In return, fish products will continue to enter the European market at zero tariff. After this transitional phase, the EU and the UK will have to renegotiate year after year. If the agreement is violated, there are mechanisms in place to ensure compensation, such as tariffs.

Consequences for Spain and its European neighbours

The agreement provoked discontent in the UK fishing industry, which accused Johnson of caving in on this agreement. The National Federation of Fishermen's Organisations expressed disappointment that only marginal changes had been made to quotas and that EU fleets would continue to have access to UK waters up to the six-mile limit. The prime minister responded that the UK could now catch "prodigious amounts of extra fish".

For the time being, the UK has already encountered some problems. The new customs agreement has been causing delays and lorries have to be checked at the borders. With a sudden overproduction, there will not be enough veterinarians to make the necessary export health certificates. Therefore, the new bureaucratic requirements has led to several cases of seafood rotting on the docks before it can be exported to the EU. It is estimated that the fishing industry is losing 1 million pounds per day due to these new requirements, which has caused many fishermen to reduce their daily catches.

But EU fishermen will also be affected, as until now they have been catching fish in British waters with a total annual value of 650 million euros, according to the European Parliament, especially at position from Danish, Dutch and French vessels. In addition, Belgium is one of the countries most affected, as 43% of its catches are taken in British waters; it will now have to reduce its catches by 25% over the next 5 years. Moreover, Belgian fishermen used to land their fish in British ports and then truck it to Belgium. However, this will no longer be possible. Alongside Belgium, other countries that will suffer most from the loss of fishing rights due to Brexit are Ireland, Denmark and the Netherlands.

As for Spain, the fishing sector has acknowledged its unease about the annual negotiation that will take place after the initial five-year period, as well as the consequences for the future distribution of the rest of the fishing quotas, for the Common Fisheries Policy itself, for the exchange of quotas between countries and for the sustainable management of marine stocks. However, in the short term deadline the Spanish fleet does not seem to be so affected in comparison with other European countries.

In fact, the Minister of Agriculture, Fisheries and Food, Luis Planas, gave a positive assessment of this agreement, considering it a "good agreement, which provides stability and legal certainty". Planas argued that the 25% reduction in the average value of catches by the eight European countries fishing in British waters has limited effects on Spanish fishing activity and, by way of example, he stated that hake catches will only be reduced by 1%. In other words, the current quota of 29.5% would fall to 28.5% in 2026. In addition, other species of greater interest to Spain (such as mackerel, horse mackerel and blue whiting) have not been included in the agreement and there are no reductions in deep-water species in high demand (such as black scabbardfish or grenadiers). In conclusion, Planas said that Spain has only conceded on 17 of the 32 fishery resources allocated to the country. However, it is up to Brussels to go into the details and decide on fishing quotas during the transition period that opened on 1 January, in which the eight countries fishing in British waters will have lower quotas.

In conclusion, Britain now has the ability to dictate its own rules at subject on fishing. By 2026, the UK can decide to completely withdraw access for EU vessels to British waters. But the EU could then respond by suspending access to its waters or imposing tariffs on UK fish exports.

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