CHAPTER IV • Governance structure
Fishermen at Baskemölla harbour north of Simrishamn 1972. Source: Stieg Eldh
CFP. Member states may however adopt national regulations to complement and implement the CFP as long as they do not conflict with the CFP (SOU, 2010). This transfer of legislative authority to the EU is in principle complete with respect to fishing in the Exclusive Economic Zone, EEZ, member states holding the sole right to legislate on matters concerning fishing vessels flying the member state’s own flag. With respect to the territorial sea, individual member states are only entitled to adopt special resources protection and management measures provided these are non-discriminatory towards other member states. The EU has not adopted any specific measures for the same area, the measures are in line with the objectives of the EU and are not less stringent than the applicable EU regulations and there are no specific agreements concerning fisheries in the area. The fundamental rights of states concerning access to and management of fishery resources have been codified in the UNCLOS, namely in Article 2, which extends coastal state sovereignty to include the territorial sea thereby granting these states the right to exploit resources therein. Furthermore, Article 56, also
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extends the exclusive sovereign rights and obligations of “exploring, exploiting, conserving and managing the natural resources, whether living or non-living” to the waters and seabed of the 200 NM EEZ (Carneiro , G. 2013).
Institutional framework for nature conservation Agenda 21 of the United Nations Conference on Environment & Development in Rio de Janeiro
An international agreement targeting nature conservation is the United Nations Agenda 21 which is a non-binding, voluntary action plan with regard to sustainable development. It has been elaborated during the UN Conference on Environment and Development (UNCED) held in Rio de Janeiro, Brazil in 1992. There is a full range of provisions regarding the conservation and management of resources, the strengthening of major groups and possible ways of implementation. Chapter 17 deals with the protection of oceans and coastal areas. It states that marine and coastal management at the national, sub-regional, regional and global