fisheries acquis project-turkeyturkey – nation-wide. 2. objectives 2.1. overall objective enhance...

Summary Project Fiche

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FISHERIES SECTOR - LEGAL AND INSTITUTIONAL ALIGNMENT TO THE EU ACQUIS

Project Fiche and Annexes

TABLE OF CONTENTS

1. BASIC DESCRIPTION...........................................................................................................1 1.1. Desiree Number ....................................................................... Error! Bookmark not defined. 1.2. Title............................................................................................................................................1 1.3. Sector .........................................................................................................................................1 1.4. Location .....................................................................................................................................1 2. OBJECTIVES ..........................................................................................................................1 2.1. Overall Objective .......................................................................................................................1 2.2. Project Purpose ..........................................................................................................................1 2.3. Accession Partnership and NPAA Priority ................................................................................2 2.4 Contribution to National Development Plan..............................................................................2 2.5 Cross Border Impact ..................................................................................................................3 3. DESCRIPTION........................................................................................................................3 3.1. Background and Justification.....................................................................................................3 3.2. Linked Activities........................................................................................................................6 3.3. Results........................................................................................................................................6 3.4. Activities ....................................................................................................................................8 3.5. Lessons Learned ......................................................................................................................11 4. INSTITUTIONAL FRAMEWORK.....................................................................................12

5. DETAILED BUDGET...........................................................................................................12

6. IMPLEMENTATION ARRANGEMENTS........................................................................13 6.1. Implementing Agency..............................................................................................................13 6.2. Twinning..................................................................................................................................13 6.3. Non Standard Aspects..............................................................................................................14 6.4. Contracts ..................................................................................................................................14 7. IMPLEMENTATION SCHEDULE ....................................................................................14 7.1. Start of Tendering/Call for Proposals ......................................................................................14 7.2. Start of Project Activity ...........................................................................................................14 7.3. Project Completion ..................................................................................................................14 8. EQUAL OPPORTUNITY.....................................................................................................15

9. ENVIRONMENT...................................................................................................................15

10. RATES OF RETURN............................................................................................................15

11. INVESTMENT CRITERIA..................................................................................................15 11.1. Catalytic Effect ........................................................................................................................15 11.2. Co-Financing ...........................................................................................................................15 11.3. Additionality ............................................................................................................................16


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11.4. Project Readiness and Size ......................................................................................................16 11.5. Sustainability ...........................................................................................................................16 11.6. Compliance with State Aid Provisions ....................................................................................16 11.7. Contribution to National Development Plan............................................................................16 12. CONDITIONALITY AND SEQUENCING........................................................................16 List of Annexes 1. Logical Framework Matrix in Standard Format 2. Detailed Implementation Chart 3. Contracting and Disbursement Schedule by Quarter for Full Duration of Programme

(including disbursement period) 4. Draft Outline of Twinning Activity 5. Technical Specification for Investments Components (equipment specifications) 6. Turkey Fisheries Sector Review 7. EU Fisheries Alignment Strategy


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ABBREVIATIONS & ACRONYMS

BSFC Black Sea Fisheries Commission CFP Common Fisheries Policy CFCU Central Finance and Contracting Unit CGC Coast Guard Command CMO Common Market Organisation EC European Commission EU European Union FIS Fisheries Information System (also referred to as FRIST, Fisheries Registration &

Information System for Turkey) FIFG Financial Instrument for Fisheries Guidance FMC Fisheries Monitoring Centre GD General Directorate (of MARA) GDPC General Directorate of Protection and Control (of MARA) GFCM General Fisheries Commission for the Mediterranean GPS Global Positioning System IB Institution Building ICCAT The International Commission for the Conservation of Atlantic Tunas IUU Illegal, Unreported and Unregulated fishing MAGP Multi-Annual Guidance Programme MARA Ministry of Agriculture & Rural Affairs MCS Monitoring, Control & Surveillance MoF Ministry of Finance MoE Ministry of Environment MPA Marine Protected Area MS EU Member State NA Not Applicable NPAA National Programme for the Adoption of the Acquis NGO Non-Government Organisation PAA Pre-Accession Advisor PC Project Co-ordinator PCM Project Cycle Management PM Prime Minister’s (Office) SIS State Institute of Statistics SPO State Planning Office TA Technical Assistance TAC Total Allowable Catch TOT Training of Trainers UMA Under-secretariat of Maritime Affairs VMS Vessel Monitoring System WG Working Group


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Project number: TR 0303.02 Twinning number: TR03-AG-01

1. BASIC DESCRIPTION

1.1. Title

FISHERIES SECTOR - LEGAL AND INSTITUTIONAL ALIGNMENT TO THE EU ACQUIS

1.2. Sector

AG 1.3. Location

Turkey – Nation-wide. 2. OBJECTIVES

2.1. Overall Objective

Enhance the sustainable contribution of the fisheries sector1 to the national economy and prepare the sector for Turkey’s accession to the European Union.

2.2. Project Purpose

The purpose of the project is to implement the relevant legal, institutional and structural policy reforms identified in the 3-year horizon Fisheries Sector EU Alignment Strategy2 developed by the Fisheries Working group (which includes officials of the Fisheries Department of the Ministry of Agriculture and Rural Affairs, the Coastal Guard, the State Statistics Institute and other stakeholders). The project focuses in particular on the:

Sector management, including conservation, inspection and control, resource management and structural adjustment practices.

Common Market Organisations and Producer Organisations, adoption of market standards (including quality control) and market statistical information system and design of an intervention system.

Development and implementation of a computerised fisheries vessel registration, vessel monitoring and statistical information system in compliance with current relevant EC legislation.

1 The term “fisheries sector” should be taken to include all sub-components of the sector, including marine capture fisheries and

ancillary services, inland fisheries, fish marketing and processing and aquaculture. 2 The EU Fisheries Alignment Strategy, based on the CFP, expands upon and revises the current Accession Partnership and the National

Programme for the Adoption of the Acquis (NPAA).


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2.3. Accession Partnership and NPAA Priority

The 2003 Accession Partnership with the Republic of Turkey reads: “In the short term align fisheries management, control, marketing and structural adjustment legislation to the EU acquis”. In the medium term reorganise and strengthen the institutional capacity of the fisheries administration and its services; align fisheries management, control, marketing and structural adjustment practices to the EU aquis; develop and implement a computerised fisheries vessel registration and statistical information system in compliance with the acquis.

The main relevant sections of the 2001 National Plan for the Adoption of the Acquis (NPAA) making reference to this project are summarised below: “Section III. In the short term, the administrative structure monitoring the structural development of the fisheries market through inspection and control measures will be established, and fishing fleet records will be improved. In the medium term, preparations for the implementation of the Common Fisheries Policy will be completed, and efforts on the improvement of quality standards and safety of fishery products will continue.”

Section I (Current Status) also identifies some of the key technical issues that need to be addressed within the fisheries and aquaculture sector. These are as follows:

There is need a strengthen capacity within MARA in the principles of sector planning.

There is no administrative structure and legislation to implement the structural policy of the CFP (specifically in relation to the FIFG and MAGP3).

The existing fisheries vessel registry, data collection and statistics system needs to be revised and strengthened in order to comply with EU standards.

Regulation of the marketing of fish and fish products needs to be improved, and the system for collection of marketing data aligned to comply with the system in use within the EU.

Training is required for ministry staff dealing with quality control and the monitoring of “fish as food” health and hygiene.

An effective administrative structure to manage the aquaculture sector is required.

The system of fisheries management is not compatible with the requirements of the CFP.

Fisheries protection and control activities need to be strengthened.

Turkish fisheries legislation needs to be harmonised with EU legislation.

The MARA needs to be restructured and strengthened in order to carry out its activities more effectively within the capture fisheries and aquaculture sector. This applies to both the central MARA office and provincial offices.

Training is required on the adoption of the fisheries acquis.

Investment is required to develop fisheries infrastructure, particularly in relation to fisheries surveillance and data collection.

2.4 Contribution to National Development Plan

Turkey is currently preparing a its first National Development Plan for submission to the EC. This is likely to be ready by the end of 2003

3 FIFG = Financial Instrument for Fisheries Guidance and MAGP = Multi-Annual Guidance Programme.


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2.5 Cross Border Impact

Not Applicable. 3. DESCRIPTION

3.1. Background and Justification

Legal and Institutional issues. Currently the services on fishing, infrastructure, quality control, processing and marketing are carried out by the relevant departments of the General Directorate for Protection and Control of the MARA, whereas the services related to freshwater and marine aquaculture production and statistics are carried out by the relevant departments of the Directorate General for Agricultural Production and Development of MARA. Research on fishery products is conducted by the Directorate General for Agricultural Research of MARA through 4 research institutes and 2 production stations. Support to fishery organisations (associations and co-operatives) is the responsibility of the DG for Institutional Support of MARA.

Since these Directorates do not have provincial organizations, the Provincial and District directorates of the Ministry carry out the services therein. The organisation of the fishery administration within the MARA renders fisheries decision-making and co-ordination difficult at national and provincial levels and is not functional for the implementation of the CFP. Due to this shortcomings, the bureaucracy and over-centralisation has increased. Furthermore, there are qualitative and quantitative human resource deficiencies, which require training and international exposure.

All activities in fisheries and aquaculture are based on the Fisheries Law No. 1380, enacted in 1971, as amended by Law No. 3288 of 1986. The main duties of MARA are:

To undertake the duties as specified in Laws No. 1380 and 3288, and define and implement major fisheries policies (including for aquaculture).

To assist the provision of subsidies by other Ministries for the fisheries and aquaculture sector.

To establish and operate the Quality Control systems and organisations required to ensure and regulate that fish and other fishery products are captured, processed, stored, marketed and exploited in accordance with international quality standards.

To establish and operate research activities relating to the sector and to provide support (in particular technical assistance) to the private sector wishing to undertake fisheries research.

To design and implement model wholesale fish market,

To prepare and implement extension and training programmes for fish farmers and fishermen.

To collaborate with private agencies, universities, research institutions and international organisations to increase the productivity and conservation of natural stocks and to protect them from environmental hazards.

No mention is made in the law of other common administrative and managerial responsibilities of a governmental fisheries department, such as data collection, vessel licensing and economic and sector planning. The collection and publication of statistics is undertaken separately by State Statistics institute (SIS) and the State Planning Organisation (SPO) is responsible for sector planning. The administrative and governmental system for data collection and vessel licensing does not currently meet the requirements of the fisheries acquis. These issues are to be addressed by the project.

A number of initiatives are required both for the sustainable exploitation of the fisheries resources and effective implementation of the CFP. These include institutional strengthening, legislative reform, training of fisheries staff (including staff at the Coast Guard and State Statistical Institute), increased


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public awareness, improved organisation of the fish producers, and development of the scientific basis for fisheries management advice.

With this project a General Directorate for Fishery (or Agency) will be established under the MARA and optimisation will be achieved in all fishery working areas. It is foreseen that the single Fisheries DG (or Agency) should incorporate the following general functions (departments) and competencies: 1. Structural issues (including the management of pre-accession funds), policy and planning,

international affairs and fisheries economics

2. Organisation of fish markets and post harvest sub-sector, including the establishment of Producer Organisations (this includes dealing with food health and hygiene issues of fish marketing, which is under Veterinary Legislation).

3. Marine resource management, conservation and control (this activity shall be co-ordinated closely with the Coast Guard)

4. Aquaculture management and research and management of inland fisheries (the latter is a significant sub-sector in Turkey)

5. Fisheries Management Information System (includes all data collection, vessel monitoring and the fisheries control centre)

This Fisheries DG at the central administrative level would in turn need to be supported by a large number of port-based (and inland fish landing site/lake) fisheries offices. The current lack of multidisciplinary fisheries officers permanently located at fishing ports constitutes a major constraint to implementation of the fisheries acquis.

The current emphasis of structural measures within the EU is to bring fleet capacity into line with the available marine living resources, aid the modernisation of the sector and deal with the economic and socio-economic consequences of fleet restructuring. The key instrument for financing structural measures within the EU is the Financial Instrument for Fisheries Guidance. FIFG resources are allocated on the basis of multi-annual programmes, for which the Member State (MS) must have a coherent sector policy, strategy and development plan in place. These detailed sector policy and planning documents currently do not exist in Turkey, and are considered an early priority to address within the project.

There would also need to be institutional linkages to specific research, educational and training institutions, and formalised links with other MARA Directorate Generals and other ministries (such as the Ministry of Environment).

Conservation, control and resource management issues. So far, methods of controlling fishing activities in Turkey have included certain seasonal, regional and size restrictions by the annual circulars issued by MARA. Temporal prohibition protects spawning stocks as it bans the use of trawl and purse seines between May and September. Zone restriction refers to the law against fishing within three miles from the coastline. The MARA has furthermore stopped the licensing of new fishing vessels with the exception renewal of old vessels and new established dam-lake vessels on inland waters. In spite of the above measures, there is no effective control mechanism.

The monitoring and reporting of catches, landings, and fishing activities are deficient. Fisheries officers are not based at fishing ports and the fragmented institutional structure and division of fisheries responsibilities at MARA do not contribute to effective fisheries administration and decision-making.

Enforcement surveillance, inspection and control of the above measures is entrusted to both MARA and the Coast Guard (under the Ministry of Internal Affairs). The enforcement and control are however not sufficient due to lack of sufficient human and technical resources (boats, port offices, etc.) as well as insufficient legal measures.

Adequate scientific research and monitoring activities in both marine and inland waters (information about the stock size, total allowable catch etc. as well as the abiotic and biotic factors, ecology) are


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still lacking. There are no stock assessments of key targeted species nor are there any integrated fisheries management plans and these factors have contributed to the non availability of reliable data for effective planning and implementation of conservation policy measures.

The fishing activity needs to be controlled using FMC and more accurate statistical data needs to be available to the Country. This system will help to count landed catches and to get actual data for TaC which will support resource management decision making by the competent authority. Institutional strengthening, legislative reform, training of fisheries staff (including the Coast Guard Command and State Institute of Statistics), increased awareness, improved organisation of the fish producers, and development of the scientific basis for fisheries management are required both for the sustainable exploitation of the fisheries resources and effective implementation of the CFP. Enforcement of the CFP also includes a requirement to establish the use of satellite based vessel monitoring systems, VMS (currently on larger vessels only).

Last but not least, fisheries staff and the estimated 100,000 fish producers (including part-time fishermen) have little knowledge of the requirements of the acquis and training of staff and general awareness campaigns are therefore necessary. The environmental dimensions of the CFP are considered to form part of the environmental acquis and are therefore not considered within the framework of this project fiche.

Common Market Organisation issues. Turkey has an existing system of mutual and State practices for governance of the marketing of fish. Local authorities govern the markets. There is little, if any, intervention by the State in controlling the supply and prices of fish and withdrawals from the market. There is also a network of fishery co-operatives and associations, although many of these organisations are reported to be ineffective or non-operational. Producer organisations do not comply with CMO requirements.

The State is also a participant in the architecture of fish marketing through its administration of fish marketing facilities, its formal regulation of wholesale fish markets, mainly for hygiene and quality control purposes, and its concern to ensure that fish processing factories meet international food safety standards.

The CMO has supplied a regulatory framework for fish marketing operations in the EU since 1970. This policy enjoys widespread acceptance within the EU fisheries sector. It has recently been updated and is now increasingly employed in support of the other elements of the CFP, such as the Conservation Policy.

The adoption by Turkey of a suitably adapted version of the CMO policy will strengthen the beneficial features of the sector, which are consistent with internal EU practices, and at the same time enable the country to discard some inefficient modes of operation and ensure food safety.

Fishing Vessel Registry and Information systems issues. Concerning data collection and vessel registration, although some 95% of the data collected by MARA, UMA and SIS are relevant to EC legislation, without a centralised electronic system and new coding system, it is difficult to relate actual vessel markings with the registry.

The EC fishing vessel registry is an important instrument of the conservation policy and an important element for developing a structural policy for the sector (including implementation of MAGPs). Another important feature of fleet registration is that it supports the European Commission’s drive against illegal, unreported and unregulated (IUU) fishing. The basis for IUU verification procedures is the fleet registry.

A wide range of existing rules for the management of fisheries information (including data and statistics) must be modified in order that Turkey comply with the obligations of the fisheries acquis. Additional information on landings, first hand sales, vessel movements and fishing operations will also need to be recorded. At present there is little cohesion in data collection programmes, and the range of data collected is inadequate to meet the management needs of the industry. To meet the


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obligations on data, statistics and information required by recent EC legislation, the implementation of a structured Fisheries Information System (FIS), incorporating a fishing vessel registry, is essential.

It has been agreed between the relevant institutions that MARA should be responsible for maintaining and disseminating the central Fishing Vessel Register (as a component of FIS). The institutional framework for the FIS Programme includes the creation of a “Data and Information Unit” (operational within the FIC), which will lead to an enhanced but different role for SIS in the provision of information/statistics. 3.2. Linked Activities

EC project “Support to the Turkish Authorities in Charge of Legislative Alignment to the Acquis in the Fisheries sector.”

Under the Admincoop Programme a group of selected EU and Turkish experts assisted the Fishery Working group (which includes representatives of MARA, SPO, SIS, Universities, CGC etc.).

The preparatory work for this project included visits to and meetings with MARA regional offices, fish producers, market traders and processors at a number of localities throughout Turkey. This field research has highlighted the differences between current Turkish regulations and practices compared to current EU practices and this research has also been used to prepare a comprehensive legislative and Institutional EU Fisheries Alignment Strategy for the sector.

A CFP Training Seminar Workshop was held in September 2002 involving all of the Fisheries Working Group (WG). The project design has been highly participative, with significant input to the development of this project provided by MARA and in particular the Fisheries Working Group sub-groups throughout the project period. Parallel EC funded projects are in implementation to support legislative alignment and institutional strengthening within the agricultural, environmental, veterinary and food safety and control sectors in Turkey. The environmental legislative alignment project will address the environmental dimensions of the CFP (for example in relation to the Habitats Directive). The veterinary and food safety and control legislative alignment and practice are within the scope of the CMO component of this project. 3.3. Results

The project is organised into four interrelated components, the results of which are described below. INSTITUTIONAL STRENGTHENING, LEGISLATION & STRUCTURAL POLICY: 1. Necessary legislative changes made in order to comply with 2792/1999/EC and the related EU

legislation (1260/1999/EC, 366/2001/EC, 1263/1999/EC).

2. Legal and institutional approximation strategy implemented and the new framework (or amendment to current) fishery law formally approved and sent to the Parliament for adoption.

3. MARA4 restructured to improve administration and management of the sector and adoption of the fisheries acquis.

4. Establishment of a Fisheries Policy & Planning Unit,

5. A Sector Study, a Strategy and a Plan prepared and a structural policy designed.

6. Linkages between the fisheries administration and all sector stakeholders established. 5 There is currently a government proposal to restructure the fisheries administration within MARA by creating a single DG for the

sector. However it is unclear whether this restructuring will take place before the start of the proposed project in 2004, or will be an important early focus of support by the project.


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CONSERVATION, CONTROL AND RESOURCE MANAGEMENT: 1. Necessary legislative changes made in order to comply with 3760/92/EC, 2847/93/EC,

1626/94/EC and the related EU legislation (1936/2001/EC, 2027/95/EC).

2. Fifty senior staff, 200 Fisheries Control Officers and 20 Coast Guard Officers trained to implement all key conservation and control elements of the fisheries acquis.

3. Fishing port offices at 30 fishing ports established, staffed and fully operational and integrated into the Fisheries Information System, FIS (see below).

4. Resource management policy and preliminary fishery management plans prepared for all major fisheries based on scientific advice and stakeholder consultation.

COMMON ORGANISATION OF THE MARKET:

1. Necessary legislative changes made in order to comply with 104/2000/EC5 to (enable producers to match production with demand established, and a transparent system for the operation of fish markets adopted and implemented) and related EU legislation (2406/96/EC, 1536/92/EC, 2136/89/EC, 79/112/EEC, 91/493/EEC, 2065/2001/EC, 2318/2001/EC, 1812/2000/EC, 1886/2000/EC, 1924/2000/EC, 2508/2000/EC, 1813/2001/EC, 2509/2000/EC, 80/2001/EC, 150/2001/EC, 2814/2000/EC, 939/2001/EC, 2813/2000/EC, 2574/2001/EC, 2211/94/EC, 323/97/EC, 2578/2000/EC, 2495/2001/EC, 94/356/EEC, 92/48/EEC).

2. EU standards of freshness, size grading and quality control of fishery products through regulatory changes, training of inspectors and training of producers adopted.

3. A system of intervention for fish failing to attract a buyer at the designated minimum prices designed.

4. A system of statistical reporting and analysis of market information established, including both data from port and other first hand markets and also trade information.

5. Design of a Model Market, meeting full EU requirements. FISHING VESSEL REGISTER AND INFORMATION SYSTEMS: 1. Necessary legislative changes made in order to comply with 2090/98/EC, 839/02/EC, 84/95/EC,

2930/86/EC, 1381/87/EC, 2807/93/EC, 2737/99/EC, 2945/95/EC, 1382/91/EC, 2104/93/EC, 2847/93/EC, 2846/98/EC, 788/96/EC, 1543/2000/EC, 1639/2001/EC, 2000/439/EC, 3259/94/EC, 2018/93/EC, 2000/439/EC.

2. A functioning Fisheries Information System (FIS) established at both national and regional level, compliant with EC legal obligations.

3. Register of national fishing vessels established and maintained in conformity with EU requirements.

4. Fisheries Monitoring Centre (FMC) and Vessel Monitoring System (VMS) established and operational.

6 This should be carried out in line with the requirements of Council Regulation 104/2000. This regulation should be adapted to the

practical realities of the fisheries sector in Turkey whilst retaining the principles. The development of implementing practices for this regulation will be informed by, but not dictated by, the various published implementing EC regulations (refer also to the Alignment Strategy Report).


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5. Managerial and technical staff trained in the development and implementation of a FIS Programme that contributes to the rational management of fish resources.

3.4. Activities

The project has a significant IB focus, including large Twinning and Technical Assistance activities. There is however an important IB-related investment component. A 24 months duration twinning project is envisaged. The EU twinning partner(s) will assist the MARA in transposing and implementing the EU fisheries CFP in Turkey. Based on the EU Fisheries Alignment Strategy, the twinning experts will work together with the expert staff of MARA (see Annex 4 for more details about the Twinning activities). INSTITUTIONAL STRENGTHENING, LEGISLATION & STRUCTURAL POLICY: 1. Institutional Development through a Twinning Project – An Institution Building (IB) Pre-Accession

Advisor, PAA (IB PAA) will lead and co-ordinate the activities related to the institutional development of MARA. The IB PAA will be employed for the total duration of the project (i.e. 24 months). Project activities include the legislative alignment process, restructuring of the fisheries administration, adoption of EU practices and procedures related to management of the sector and training of staff (locally and overseas study tours and secondments).

2. Establishment of a Fisheries Policy & Planning Unit – This unit will assist with the preparation and design of sector plans and related policies (structural, conservation and control, resource management, etc). The IB PAA will support this unit and in-country training will be provided by consultancy TA inputs. The unit will also be provided with investment support (for computers etc). Special attention also needs to be paid to the small-scale and part-time fishing fleet, and requires the allocation of dedicated planning/management resources to deal with this sub-sector. The Policy & Planning Unit will be expected to receive sufficient resources (human and physical) from MARA to ensure its effective operation.

3. Preparation of Fisheries Legislation - Based on the EU Fisheries Alignment Strategy, legislation will be prepared to amend existing fisheries legislation and/or create new instruments (laws, regulations, circulars and ministerial orders). The IB PAA and short term Twinning legislation experts (using national and EU experts) will work together with the Turkish Authority. Provision is made for (approved) translations of legislation, seminars, preparation of public discussion documents on the proposed legislative changes, and secretarial support for a legal drafting committee.

4. Preparation of a Sector Study, of a Sector Strategy and Plan – The sector (diagnostic) study will be carried out first. The Sector Strategy and Plan activities will follow on from the findings of the sector study. The Sector Strategy is a ranked programme of means and actions based on the recommended options for development that arise from the sector study. The Sector Plan is a detailed working out of the sector strategy and follows directly from the sector strategy. The project will support the formulation of specific structural policy instruments. At the same time as preparation of the sector plan, a research strategy/programme will be prepared for the fisheries and aquaculture sector. A sector-planning consultancy TA team will implement all of this work, supported by the twinning project, in close cooperation with the Fisheries Policy & Planning Unit.

5. Establishment of Stakeholder Participation - Stakeholder institutions will be strengthened established to provide effective dialogue between government and fish producers; in particular to obtain stakeholder inputs to the changes involved in the approximation process. This will be achieved through the establishment of a special liaison unit and secretariat for the Scientific Advisory Committees; provision of public information through brochures, radio and films, and public meetings and hearings. This work will be co-ordinated by the IB PAA supported by consultancy TA inputs, legislative alignment, materials and equipment. MARA will provide the


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services of its media unit. The Fisheries Working Group (WG) is also considered by MARA to be an essential permanent organ in facilitating the approximation process, and needs to be re-organised and strengthened to make it more effective in decision making. A Public Awareness Campaign is foreseen to be implemented in the context of the development of the FIS.

CONSERVATION, CONTROL AND RESOURCE MANAGEMENT: 1. Training of Fisheries and Coast Guard Officers - A Fisheries Management PAA will be provided

by the twinning project for a period of 24 man-months. The PAA will be responsible for devising a comprehensive training course (in Turkish), implemented by MARA with support from national TA consultants. Course materials will form the basis for an updated fisheries officer’s manual. Fifty senior officers will receive specialised training through short courses, seminars, workshops and secondment and study tours with a focus on the Training of Trainers. A total of 200 Fisheries Control Officers and 20 Coast Guard Officers will receive theory and practice training for 14 days each by the trained Turkish personnel.

2. Improvement of Physical Infrastructure and Supply of Equipment - Fully equipped offices for 3-6 officers will be established at 30 key fishing ports over the 2-years of the project (note that there are no equipped port offices operational at present). Premises will either be acquired, or refurbished from either existing government real estate, constructed anew or supplied as prefabricated offices. A national consultant will prepare a detailed phased plan, designs and tenders for port office construction and equipment.

3. Preparation of Fishery Management Plans and Provision of Scientific Advice - Ten outline fisheries management plans (FMP) will be prepared for the most important fisheries in Turkey. The plans will reflect the diversity and geographical distribution of the fisheries with particular attention to shared (trans-boundary) fish resources. Stakeholder involvement will be ensured through workshops, seminars and public meetings. The plans will include biological, economic, and monitoring, control and surveillance (MCS) dimensions and will specify the legislative, stakeholder consultation, training and financial requirements for implementation. As part of the fisheries management planning process a prioritised programme of applied research and its financing will be specified to ensure appropriate scientific advice. The plans will be prepared by an EU / Turkish consultancy TA team who will also train MARA officers in the preparation and use of such plans. The IB twinning will provide backstopping.

COMMON ORGANISATION OF THE MARKET: 1. Preparation of legislation on Producer Organisations and assistance to their establishment - 24

man-months of Twinning (Marketing PAA) are required to support the adoption of a regulatory mechanism corresponding to Regulation 104/2000. The development of the Producer Organisation (PO) concept is central to this, but other associative and representational activities within the sector should also receive attention to ensure that by the end of the project participation in all aspects of decision making is institutionalised. Resuscitation of the co-operative sub-sector should be considered, plus the creation of interbranch organisations, as this is consistent with the principles of Regulation 104/2000. The ToR of the Marketing PAA will also include supervision of CMO consultancy TA inputs, organisation of study tours to the EU and in-country training.

2. Local Control of Fish Markets - Research into the current management and ownership arrangements of fish markets, both large and small, together with recommendations for changes that will result in greater industry participation in market activities is required. It is also envisaged that the market governance consultancy TA will integrate and train a local team to assure the sustainability of the work. The local team will become familiar with PO principles and practice. It is recommended that this consultancy take place relatively early in the life of the sub-project to supply a basis for other elements.


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3. Market Training - A second important consultancy TA concerns training in EU standards (in relation to Regulations 2406/96, 1536/92 and 2136/89) and quality control (91/493/EEC, 91/492/EEC). This will require, training of trainers and internal training of the corps of inspectors and private sector.

4. Market Financing - At a later stage of the project it will be important to evaluate the financial alternatives for supporting market intervention mechanisms (with reference to Regulation 2509/2000). This consultancy TA (and the supporting Marketing PAA) will assist with the examination of different options for financially supporting the market.

5. Market Statistics – The fourth consultancy TA will support the collection and analysis of market-related statistics. In addition to the statistical requirements of the conservation regime, there is also a market reporting system. The detailed requirements for reporting on PO activity are explained in Regulation 80/2001. The reporting structure should be designed and established step by step so that on accession the system functions smoothly.

6. Design of a Model Market – The TA Consultants, supported by the Marketing PAA, will prepare designs for a model wholesale fish market meeting in full EU hygiene requirements. The appropriate authorities (local authority, PO or private sector) will be expected to begin the process of organizing and financing the construction/rehabilitation of at least one model market within the project period. The PAA will also support Local Authorities (municipalities, private sector etc.) to plan and outline design wholesale fish markets.

FISHING VESSEL REGISTER AND INFORMATION SYSTEMS: 1. Institutional Development of a Fisheries Information Centre (FIC) – This integrated centre will be

established within MARA and include the Vessel Registry and running of the Fisheries Information System (FIS). The head of the FIC will also be responsible for technical control of the VMS operated by the Fisheries Monitoring Centre (FMC). Activities include the design, procurement of hardware and software, preparation of operational manuals and training of staff, and support to the establishment of a FMC and VMS. A total of 30 regional MARA offices plus Coast Guard offices and the FMC headquarter in Ankara (where a “Data and Information Unit” will be established within the FIC) will be involved in this activity.6 These activities will be co-ordinated by a long term consultancy TA (Fisheries IT Specialist) over 24 months, who will focus primarily on the FIS component, co-ordinate implementation of the FIC, and act as Project Manager of the consultancy TA team.

2. Establishment of a Fisheries Monitoring Centre and Vessel Monitoring System – The FMC and VMS will be established and operated in accordance with a protocol between MARA and the Coast Guard Command (CGC), but will operate independently of the FIC. The VMS system and a network of communication links to regional CGC and MARA offices will be installed. Pilot VMS transceivers will be placed on board selected fishing and CGC vessels. Supporting software will be developed to meet EU specifications and Turkish requirements. Technical advice will be co-ordinated by the long term TA consultant in close co-ordination with the twinning project PAA. A supply contract will procure, install and test a range of computer and communications equipment. MARA and the CGC will ensure the FMC and VMS staffing, premises, communications linkages, and VMS security and confidentiality.

3. Development of the Fishing Vessel Registry - Linked to the development of the FIS, this activity will support the existing and on-going development of a vessel registry within MARA. The TA will assist with the preparation of a user’s guide with standard terms, parameters and definitions, provide support for the application of EC legislation (in particular the vessel numbering and identification scheme), the preparation and introduction of a model analogue log-book system for

7 This may need to include a number of MARA offices dealing with inland fisheries.


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each registered vessel. Staff from the Fishing Vessel Registry Unit (FVRU) will participate in an EU training study tour. No additional equipment is required, as the implementation of the registry will be linked to establishment of the FIC, and integrated within MARA. Technical advice will be provided by a 4 man-month consultancy TA that will include support to the regional MARA offices and participation in the presentation of workshops and seminars.

4. Design and Establishment of the FIS – The FIS requires the collection, compilation and analysis of a full range of critical fisheries data, including: catch and effort, landings, market and sales data and vessel registration and position data in conformity with EU requirements. The FIS will include linkages to other MARA regional offices and Coast Guard Command, and at a later stage to other concerned agencies (eg, SIS, GFCM, Black Sea Fisheries Commission, ICCAT and the EC as required). The activity will include preparation of a project implementation plan, specification and design of the IT system and software, database integration and networking procedures and the establishment of working protocols and quality checks.

5. Training of Trainers Programme – The programme will be directed at 40 managerial and technical staff to implement the FIS programme at both the MARA headquarters and at regional offices. This will be delivered by the long term Fisheries IT Specialist, supported by a 4-week consultancy TA (to include training in the use of logbooks and collection of sales data). These trained staff will then deliver training to vessel owners and other MARA fisheries officers at the 30 key fishing ports and selected inland fishing sites. An accompanying manual will be developed for all skippers by the short term TA. Training delivery for sales data will be directed at fish wholesalers and other agents through the public awareness campaign.

6. Supply of IT Equipment - Procurement of main servers and ancillary IT support equipment and software for the MARA headquarters and computer hardware for 30 regional offices. A comprehensive intranet-information system will also need to be installed to ensure data transfer within MARA and between concerned agencies. This activity is linked to the establishment of the FMC and development of infrastructure at the major fishing ports.

3.5. Lessons Learned

The project has been designed based primarily on extensive work undertaken during late 2002 by MARA and supporting EU-funded technical assistance. In particular the details of the project fiche are based upon the lessons learned from a CFP Training Seminar Workshop and MARA Fisheries Working Group meetings held during September 2002 with senior MARA, UMA and SIS staff.

In designing this project full account has been taken of (a) the current administrative set up of some Member States and (b) the experience in institutional and legislation reform already carried out in other candidate countries to align their fisheries administration to the EU aquis. These experiences have been particularly important concerning the issue of future establishment of a new General Directorate for Fishery (or Fishery Agency) in Turkey covering all major aspects of the CFP and acquaculture-related issues. The establishment of a Fishery General Directorate or Agency has been an institutional reform feature in several Candidate Countries (for example in Latvia and in Bulgaria, where a Fishery Agency was established following enactment of a Fishery and Aquaculture Law in 2001).

The project design, including the project’s purposes, results, activities and conditionalities, are based on the recommendations of the EU Fisheries Alignment Strategy Report and are in line with the findings and recommendations of the current NPAA document.

This project will provide decision-makers with the basic legislative and institutional mechanisms allowing implementation of EU-aligned fishery policies once adequate national financial resources will be available.


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4. INSTITUTIONAL FRAMEWORK

Institution Building Components

As previously mentioned the current legal and institutional arrangements for fisheries in Turkey hinder the implementation of the EU fisheries acquis. The administration of the sector is currently the subject of a proposed institutional restructuring of MARA7 and creation of a single DG for Fisheries (or Agency). The project therefore has a significant IB focus, including large Twinning and Technical Assistance activities. There is however an important IB-related investment component.

The Twinning will provide assistance in all four project components and will include participation of three PAAs, of which the IB PAA is required to support all of the institution building components of the project. He/She will be located institutionally within MARA, and will focus on issues relating to fisheries administration, management, institutional restructuring and also deal with the legal alignment process in its broadest sense. Because of the diverse and complex technical nature of the fisheries sector and CFP legislation, and the number of proposed project components, two additional technically specific PAA are also required. These will be co-ordinated by the IB PAA to support achieving the overall objective of the project.

The Consultancy IB component, involved also in the four project components, will be complementary to the Twinning activities by providing self contained specific technical activities as well as services which are normally outsourced by the MS (sector studies, sector strategy and planning, the establishment of policy units, public awareness campaigns, marketing studies, preparation of Technical Specification and Detailed Designs and tender Dossiers for the supply and works activities, etc.).

The IB-related Investment component (which will be dealt through 3 separate tenders) will support the establishment and equipment of 30 Port offices, as well as of a Fisheries Monitoring Centre and Vessel Monitoring Centre.

The Employer of the supplies and works will be the CFCU for the 30 Port offices and for the Fisheries Monitoring Centre. The beneficiary will be the MARA. The Technical Assistance firm will be the engineer.

The FMS will be established at secure premises to be designated by MARA and Coast Guard Command with a Memorandum of Understanding (MoU). The beneficiary will be designated by the MoU.

5. DETAILED BUDGET

Summary Budget (all figures in EURO)

EU Support

Contracts Investment support (I)

Institution Building

(IB) Total EC (=I+IB)

National Co-

Financing IFI TOTAL Twinning 0 2,457,000 2,457,000 0 0 2,457,000Technical Assistance 0 2,409,000 2,409,000 0 0 2,409,000FIS/FMC IT Supply (HW+SW) 407,000 0 407,000 136,000 0 543,000Port/Market Supplies 805,000 0 805,000 268,000 0 1,073,000Port Office Works 91,000 0 91,000 30,000 0 121,000Total project fiche Cost (Euro) 1,303,000 4,866,000 6,169,000 434,000 6,603,000

8 Options for the institutional restructuring of MARA were discussed throughout the legislative alignment project and summarised in a

technical paper presented to MARA in early 2003.


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The IB contracts No. 1 and No. 2 are totally financed by the European Commission. The GoT will provide joint co-financing of the supply and works contracts. The Turkish co-financing will be covered from the national budget. All operating and maintenance costs (including IT networking costs, etc) of the equipment purchased under this project will be provided by the beneficiary(ies).

The GoT will also provide significant in-kind additional funds (not included in the above budget) for both the IB and the Investment components (see details in Section 11.2).

6. IMPLEMENTATION ARRANGEMENTS

6.1. Implementing Agency

The CFCU will be the implementing agency and will be responsible for all procedural aspects of the tendering process, contracting matters and financial management, including payment of project activities.

MARA is the main Beneficiary. The main beneficiary for the FMS equipment and functions will be established with a Memorandum of Understanding signed by MARA and Coast Guard Command.

MARA will work closely in conjunction with a number of other governmental institutions, in particular the Coast Guard Command (CGC), SIS, UMA, SPO (PM’s Office), the Ministry of Finance and Treasury. The project will be managed by a national Project Co-ordinator (PC) appointed by MARA, supported by a Project Steering Committee (the exact membership of which is still to be determined, but may be comprised of the sub-group leaders of the existing Fisheries WG). Long-term twinning TA and a range of short-medium term consultancy TA for various components of the project will support the PC. The CGC, SIS, SPO (State Planning Organisation), Under Secretariat for Marine Affairs and EU-SG Office (Secretariat General for EU Affairs) and other counterpart institutions will appoint a Project Liaison Officer. The contact details for the proposed Implementing Agency- MARA (Project Coordinator) are as follows:

Mr Hüseyin Dede Section Director of Fisheries Department General Directorate of Protection and Control Ministry of Agriculture and Rural Affairs Akay Caddesi, No 3 Bakanliklar Ankara, TURKEY Tel: 90 (0 312) 425 50 13 or 417 41 76/5121 Fax: 90 (0 312) 419 83 19 E-mail: [email protected]

6.2. Twinning

One twinning covenant between MARA and one or more EU Member States is envisaged with duration of 2 years. The Covenant includes 3 PAAs, one on Institution Building & Fisheries Administration (24 months – he will be the leading Coordinator), one Conservation, Control & Resource Management (18 months) and one Common Organisation of the Market (24 months). MARA is the lead beneficiary institution for the twinning contract and contact details are the same as provided above (see 6.1). The twinning requirements within the project are:

Between MARA and a Member State fisheries administration to provide advice on legislative alignment, fisheries administration and management, support the institution building of MARA and provide general backstopping to the alignment process. This Twinning will also be


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responsible for co-ordinating the short-term Twinning inputs and liase closely with the consultancy TA inputs, training delivery, and co-ordination of supply and works contracts.

Between the MARA/Coast Guard Command and a Member State institution responsible for a Fisheries Monitoring Centre and fisheries protection.

Between MARA and a Member State institution with experience of (or responsible for) establishing and supporting the management of a Producer Organisation and implementation of the CMO policy framework.

The funding of the twinning budget also includes the cost of short term EU experts, training (study tours and secondments) of Turkish staff in EU twinning countries. Terms of reference for the PAA and short term expert within this contract is provided in Annex 4 to the fiche.

6.3. Non Standard Aspects

There are no non-standard contract or tendering procedures envisaged within the project.

6.4. Contracts

Twinning selection process will lead to: 1 Twinning covenant Tendering for Technical Assistance will lead to: 1 Technical Assistance Contract Tendering for FIS/FMC (2 Lots) will lead to : 1 or 2 Supply Contracts Tendering for Port Supplies (2 Lots) will lead to : 1 or 2 Supply Contracts Tendering for Port Works (1 Lot) will lead to : 1 Works Contract The IT systems of the FMC/VMS and of the FIS, although tendered together, are likely to be divided into two lots as the FMC/VMS System is highly technical and requires a specialised company to install the equipment and cabling. This will be determined by the final Technical Specifications prepared by the Technical Assistance team. 7. IMPLEMENTATION SCHEDULE

7.1. Start of Tendering/Call for Proposals

It is crucial that the IB component (both Twinning and TA) of the project is started as soon as possible given the importance of the Twinning for the overall co-ordination and management of the project and of the TA for early start critical tasks for project implementation (i.e. Sector Studies, Technical Specifications, etc.). Selection of the Twinning partner should begin in June 2003. , and the covenant is assumed to be signed in the first quarter 2004. Selection of the TA should start in the third quarter 2003 with suspension clause. The signature of the TA Contract would be in early 2004.

The tendering procedure for the supply and works contracts will start in the third quarter 2004, and contracts should be signed in (late) second or (early) third quarter 2005.

7.2. Start of Project Activity

The Twinning partner should begin activities in the first quarter 2004. Selection of the TA should start in the third quarter 2003 with suspension clause. The TA Contractor should start activities in the first quarter of 2004.

The implementation of the supply and works contracts will start in the third quarter 2005.

7.3. Project Completion

The project, including final payments, shall be completed before the expiry of the Financing


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Memorandum.

8. EQUAL OPPORTUNITY

MARA is an equal opportunity employer and women are strongly represented on the MARA Fisheries EU Legal Alignment Working Group and act as co-ordinators of 2 of the 5 sub-groups. Project management will ensure an adequate gender balance in training courses and study tours. Results from a Training Needs Assessment questionnaire completed in August 20028 reveal that 23% of the staff involved in fishery (at central and local levels of the MARA) are women. The sector study TA consultancy proposed for implementation will provide a detailed profile of the role of women in the fisheries sector and provide a basis for targeted support and training so as to ensure equal opportunity. 9. ENVIRONMENT

The objective of the project is the sustainable use of natural resources and there are direct linkages with the environment acquis (habitats, water quality, protected species and coastal zone management) which will be strengthened during implementation. The FIS programme is an important step in achieving this objective, providing a MCS and management tool in support of achieving a sustainable fisheries sector. Implementation of a FIS programme also enhances the potential for improving the fisheries ecology (and therefore marine environment) through the ability to perform enhanced environmental analyses and mapping. No adverse environmental effects are envisaged from this project, as the focus of the project is on institution building. There are a limited number of works contracts included in the project to provide offices for MCS operations. No adverse environmental impacts are foreseen.

10. RATES OF RETURN

Not Applicable. 11. INVESTMENT CRITERIA

11.1. Catalytic Effect

The proposed project will support the institutional strengthening and restructuring of the fisheries administration within Turkey, and particularly within MARA. Although focusing on legal approximation within the fisheries sector, the project is also an important catalyst for improved capacity in fisheries management, MCS and sector planning, data analysis and database-management and compliance with international law regarding vessel registration, which is also related to the control of IUU. 11.2. Co-Financing

As detailed in the Section 6 (Budget), the GoT will provide Joint Co-financing 25% of all investment costs. In addition to the Joint Co-financing, the GoT will provide additional in-kind contributions to the project activities. Detailed cost estimates for these have been made, and MARA and the other institutions (Coast Guard, SIS, SPO) accept to plan and timely bear these costs during the project life.

For the Twinning, the GoT will provide, inter alia, the following in-kind contributions: • Direct and indirect costs of Turkish counterpart and support staff working for the project,

including any private national experts contracted by the National Administration.

9 Sector Institutional Analysis of MARA – Training Needs Assessment, September 2002. “Support to the Turkish Authorities in Charge

of Legislative Alignment to the Acquis in the Fisheries Sector.”


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• Adequately equipped and furnished office space for the 3 PAAs, and furnished working space for short term experts.

• Project running costs (telephone, electricity, and other utility costs associated with offices, fuel for vehicles and for coast guard vessels used in training, printing of log-books and landing declarations, ).

• Other costs non eligible for funding as specified in the "Reference Manual on Twinning Projects" (including international travel costs for Turkish trainees travelling to Member States).

For the Technical Assistance, the GoT will provide, inter alia, the following in-kind contributions: • Direct and indirect costs of Turkish counterpart and support staff working for the project,

including any private national experts contracted by the National Administration. • Staff and office space for new operational units (Policy and Planning Unit, FIC, etc.) and . • Counterpart staff for the various units within the FIC, FMC. • Appropriate office accommodation for the FIS and FMC and assurance of the necessary telecom

links and Network running costs. • Technical staff, suitable locations and resources for delivery of training courses (fisheries research

institutes and CGC training centres). • On-going financial and institutional support to fisheries research programmes (to support the

proposed twinning arrangements with EC research institutions) • Fish samples (which may need to be purchased from suppliers)

For Supplies and works, the GoT will provide, inter alia, the following in-kind contributions: • Direct and indirect costs of Turkish counterparts/Coast Guard Command and MARA and support

staff working for the project, including any private national experts contracted by the National Administration.

• Provision of land for the installation/construction of port offices, and necessary utility connections • Building/installation permits, and other required documents necessary for building and operation

of the facilities.

11.3. Additionality

This project is not a substitute for grant funding from other public or private sector sources.

11.4. Project Readiness and Size

A Memorandum of Understanding (MoU) will be required at project start-up between the various GoT institutions (MARA, SIS and Coast Guard Command) involved in the project.

11.5. Sustainability

MARA, the CGC, SIS and other key project stakeholders are all mature governmental organisations with substantial human and physical capital invested nation-wide and annual financial allocations. These organisations have the capacity to absorb the investments proposed within this project in support of implementation of the fisheries acquis. The operating and maintenance costs (including IT networking costs, etc) of the equipment purchased under this project will be provided for by the GoT. 11.6. Compliance with State Aid Provisions

Not Applicable. 11.7. Contribution to National Development Plan

Not Applicable. 12. CONDITIONALITY AND SEQUENCING

For the IB components the two below conditionalities must be met before any IB contract is signed.


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• The MARA acknowledges that institutional restructuring is a priority and necessary on-going activity in relation to adoption of the fisheries acquis. MARA will provide official confirmation that institutional restructuring to create a appropriate institution (Directorate General for Fisheries or Fisheries Agency) is in progress.

• The MARA will provide proof that the EU Fisheries Alignment Strategy (with amendments as necessary), prepared by the Fisheries Working Group, has been officially adopted.

For the Investment components two below conditionalities must be met before any works or supply contract is signed:

• A Memorandum of Understanding between MARA and other government institutions (UMA, SIS, Coast Guard Command) regarding FMA, MCS and FIS issues shall be signed. The MoU shall also, inter alia, determine the institutional (and physical) location of the FMS (MARA or Coast Guard), with the necessary operational arrangements.

• The recipients/beneficiaries of the FIS and FMS/VMS Information Systems shall timely employ sufficient manpower at central and decentralised levels to operate and maintain the systems in accordance with the human resources needs that will be detailed by the Technical Assistance in the Annexes to the Technical Specifications of the relevant supply tender documents.

The EC-Representation will verify the fulfilment of all the above conditionalities.

Annexes

1

Annex 1 – Logical Framework

Annexes

2

Programme name and n.: FISHERIES SECTOR - LEGAL AND INSTITUTIONAL ALIGNMENT TO THE EU ACQUIS

Contracting expiry: 30st November 2005

Execution expiry: 30st November 2006

Project Number Total Budget: € EU contribution: €

Wider Objective Indicators of Achievement How, When and By Whom Indicators Will Be Measured

Enhance the sustainable contribution of the fisheries sector to the national economy and prepare the sector for Turkey’s accession to the European Union.

• Key Turkish fisheries legislation compliant with the acquis by end 2004

• Fisheries administration restructured and strengthened by end 2005

• Enhanced contribution of the fisheries sector to the local, regional and national economy by end 2006

• New (aligned) legislation being applied by end 2006.

• National Gazette (List of enacted fisheries law)

• Annual MARA fish stock reports • National and regional economic data

and cost + earnings studies • MARA organogram + management

approved and plan in place • MARA reports showing state of

implementation of vessel register, FIS, VMS + market requirements

Immediate Objective (Purpose) Indicators of Achievement How, When and By Whom Indicators Will Be Measured Assumptions and Risks

The purpose of the project is to implement the relevant legal, institutional and structural policy reforms identified in the 3-year horizon Fisheries Sector EU Alignment Strategy developed by the Fisheries Department of the Ministry of Agriculture and Rural Affairs (MARA). The project focuses in particular on the: (a) Sector management, including conservation, inspection and control, resource management and structural adjustment practices. (b) Common Market Organisations and Producer Organisations, adoption of market standards and market statistical information system and design of an intervention system. (c) Development and implementation of a computerised fisheries vessel registration, vessel monitoring and statistical information system in compliance with current relevant

• Fisheries EU alignment strategy officially adopted and being implemented by end 2004.

• Relevant Turkish Legislation harmonised with the acquis by end 2004.

• Restructuring of MARA approved and establishment of a Fisheries DG (or Agency) by end 2004.

• POs established, market standards adopted by mid-2005;

• Functioning units (FIC, FMC and Vessel Registry) operating in compliance with EC and international legislation by mid-2005

• Fisheries Information System established and operational by mid-2005

• Improved quality of fish and fish products and increased trade and

• New NPAA adopted which includes EU alignment strategy key elements

• Number of laws sent to Parliament and/or adopted by the MARA

• MARA organigram, management plan and staff ToR

• N. of POs established by 2006; • MARA reports; reports from visits by

DG Fish, and Commission’s Regular Report;

• Increased official figures of landings and catches compared to 2003 figures. This data will reflect the decrease of number of IUU fishing activities.

• Statistical data and information required by the EU regarding fisheries are published;

• Minutes of meetings of the Fisheries Working Group and Fisheries Advisory Council;

• Precondition: GoT receptive to institutional change and legal reform

• External Risk: Regional and national political and economic stability

• Assumption: Effective co-ordination with parallel projects dealing with environmental acquis

Annexes

3

EC legislation.

export by end 2006 compared with 2003 baseline;

• Draft management plans prepared for all major fisheries through a stakeholder consultation process by end 2005

Results Indicators of Achievement How, When and By Whom Indicators

Will Be Measured Assumptions and Risks

INSTITUTIONAL STRENGTHENING, LEGISLATION & STRUCTURAL POLICY: • Necessary legislative changes made in

order to comply with 2792/1999/EC and the related EU legislation (1260/1999/EC, 366/2001/EC, 1263/1999/EC).

• Legal and institutional approximation strategy implemented and the new framework (or amendment to current) fishery law formally approved and sent to the Parliament for adoption.

• MARA restructured to improve administration and management of the sector and adoption of the fisheries acquis.

• Establishment of a Fisheries Policy & Planning Unit,

• A Sector Study, a Strategy and a Plan prepared and a structural policy designed.

• Linkages between the fisheries administration and all sector stakeholders established.

CONSERVATION, CONTROL AND RESOURCE MANAGEMENT: • Necessary legislative changes made in

order to comply with 3760/92/EC, 2847/93/EC, 1626/94/EC and the related EU legislation (1936/2001/EC,

• Necessary legislative changes

adopted complying with 2792/1999/EC and the related EU legislation (1260/1999/EC, 366/2001/EC, 1263/1999/EC) by end 2004

• Legal and institutional approximation strategy implemented and the new fishery framework law formally approved and sent to the Parliament for adoption by end 2004.

• Fishery DG or Agency Established and functioning by end 2004.

• Establishment of a Fisheries Policy & Planning Unit established and staffed by mid-2005.

• A Sector Study, a Strategy and a Plan prepared and a structural policy designed, published and in use by end 2005

• Fishery advisory Committee established. Improved industry and sector representation/ consultation by end 2005


adopted complying with

• Final Project Report

• Consultancy TA project reports

• Twinning TA project reports

• CFCU

• EC-Delegation

• Steering Committee reports

• Official Gazette

• Organigram of the MARA

• Sector Study, Strategy and Plan and structural policy published.

• Monitoring of MARA Management Plan by senior staff

• Industry/sector membership of MARA Advisory Committees

• Records of the number of

Pre-conditions: For the IB components the two below conditionalities must be met before any IB contract is signed.

• MARA will provide official confirmation that institutional restructuring to create a appropriate institution (Directorate General for Fisheries or Fisheries Agency) is in progress.

• The MARA will provide proof that the EU Fisheries Alignment Strategy (with amendments as necessary), prepared by the Fisheries Working Group, has been officially adopted.

For the Investment components two below conditionalities must be met before any works or supply contract is signed:

• A Memorandum of Understanding between MARA and other government institutions (UMA, SIS, Coast Guard Command) regarding FMA, MCS and FIS issues shall be signed. The MoU shall also, inter alia, determine the institutional (and physical) location of the FMS (MARA or Coast Guard), with the necessary operational arrangements.

• The recipients/beneficiaries of the FIS and FMS/VMS Information Systems

Annexes

4

2027/95/EC). • Fifty senior staff, 200 Fisheries Control

Officers and 20 Coast Guard Officers trained to implement all key conservation and control elements of the fisheries acquis.

• Fishing port offices at 30 fishing ports established, staffed and fully operational and integrated into the Fisheries Information System, FIS (see below).

• Resource management policy and preliminary fishery management plans prepared for all major fisheries based on scientific advice and stakeholder consultation.

COMMON ORGANISATION OF THE MARKET: • Necessary legislative changes made in

order to comply with 104/2000/EC to (enable producers to match production with demand established, and a transparent system for the operation of fish markets adopted and implemented) and related EU legislation (2406/96/EC, 1536/92/EC, 2136/89/EC, 79/112/EEC, 91/493/EEC, 2065/2001/EC, 2318/2001/EC, 1812/2000/EC, 1886/2000/EC, 1924/2000/EC, 2508/2000/EC, 1813/2001/EC, 2509/2000/EC, 80/2001/EC, 150/2001/EC, 2814/2000/EC, 939/2001/EC, 2813/2000/EC, 2574/2001/EC, 2211/94/EC, 323/97/EC, 2578/2000/EC, 2495/2001/EC, 94/356/EEC, 92/48/EEC).

• EU standards of freshness, size grading and quality control of fishery products through regulatory changes,

3760/92/EC, 2847/93/EC, 1626/94/EC and the related EU legislation (1936/2001/EC, 2027/95/EC) by end 2004.

• Number of staff trained by end 2005

• Number of fishing port offices fully operational and networked with FIS by end 2005

• Resource management policy and preliminary fishery management plans prepared for all major fisheries by end 2005


adopted complying with(2406/96/EC, 1536/92/EC, 2136/89/EC, 79/112/EEC, 91/493/EEC, 2065/2001/EC, 2318/2001/EC, 1812/2000/EC, 1886/2000/EC, 1924/2000/EC, 2508/2000/EC, 1813/2001/EC, 2509/2000/EC, 80/2001/EC, 150/2001/EC, 2814/2000/EC, 939/2001/EC, 2813/2000/EC, 2574/2001/EC, 2211/94/EC, 323/97/EC, 2578/2000/EC, 2495/2001/EC, 94/356/EEC, 92/48/EEC) by end 2004.

• Number of Producer Organisations established by end 2005

• Number of fish markets operating in compliance with EC legislation by mid 2006

consultation meetings between industry and MARA.

• Number of attendees on training courses

• Number of illegal infringements

• Number of fishery management plans in use by MARA and stakeholders

shall timely employ sufficient manpower at central and decentralised levels to operate and maintain the systems in accordance with the human resources needs that will be detailed by the Technical Assistance in the Annexes to the Technical Specifications of the relevant supply tender documents

External Risk: • No adverse environmental or

developmental impact on fish stocks (Black Sea, Sea of Marmara, Aegean and Mediterranean Sea)

Assumptions: • Scientific advice and stakeholder

consultation available • Approval of SPO to sector policies and

strategies • Memorandum of Understanding

signed between MARA and other government institutions (UMA, SIS, Coast Guard Command etc) regarding MCS issues

Annexes

5

training of inspectors and training of producers adopted.

• A system of intervention for fish failing to attract a buyer at the designated minimum prices designed.

• A system of statistical reporting and analysis of market information established, including both data from port and other first hand markets and also trade information.

• Design of a Model Market, meeting full EU requirements.

FISHING VESSEL REGISTER AND INFORMATION SYSTEMS: • Necessary legislative changes made in

order to comply with 2090/98/EC, 839/02/EC, 84/95/EC, 2930/86/EC, 1381/87/EC, 2807/93/EC, 2737/99/EC, 2945/95/EC, 1382/91/EC, 2104/93/EC, 2847/93/EC, 2846/98/EC, 788/96/EC, 1543/2000/EC, 1639/2001/EC, 2000/439/EC, 3259/94/EC, 2018/93/EC, 2000/439/EC.

• A functioning Fisheries Information System (FIS) established at both national and regional level, compliant with EC legal obligations.

• Register of national fishing vessels established and maintained in conformity with EU requirements.

• Fisheries Monitoring Centre (FMC) and Vessel Monitoring System (VMS) established and operational.

• Managerial and technical staff trained in the development and implementation of a FIS Programme that contributes to the rational management of fish resources.

• EU compliant standards of quality control, freshness and size grading enforced. Inspectors + producers trained by mid-2006

• Options for a possible price withdrawal system prepared by mid-2006

• Market and trade data collected by mid-2006

• FIS compliant with EC legal obligations by mid-2005


adopted complying with 2090/98/EC, 839/02/EC, 84/95/EC, 2930/86/EC, 1381/87/EC, 2807/93/EC, 2737/99/EC, 2945/95/EC, 1382/91/EC, 2104/93/EC, 2847/93/EC, 2846/98/EC, 788/96/EC, 1543/2000/EC, 1639/2001/EC, 2000/439/EC, 3259/94/EC, 2018/93/EC, 2000/439/EC by end 2004.

• Fishing vessel register compliant

with EU requirements established (staffed, equipped) by end 2005

• FMC and VMS operational by end 2005

Annexes

6

Activities Indicators of Achievement How, When and By Whom Indicators Will Be Measured Assumptions and Risks

1. INSTITUTIONAL STRENGTHENING, LEGISLATION + STRUCTURAL POLICY: - Institutional development (twinning and

consultancy TA) - Establishment of a Fisheries Policy &

Planning Unit - Preparation of Fisheries Legislation - Preparation of a Sector Strategy & Plan - Strengthening of Stakeholder

Participation and execution of a Public Awareness Campaign

2. CONSERVATION, CONTROL + RESOURCE MANAGEMENT - Training of Fisheries and Coast Guard

Officers - Improvement in the physical

infrastructure and supply of equipment (at port offices)

- Preparation of fishery management plans and provision of scientific advice

3. COMMON ORGANISATION OF THE MARKET: - Establishment of Producer Organisations - Local control of fish markets - Market training, financing and statistics - Design of a model wholesale market 4. FISHING VESSEL REGISTER AND INFORMATION SYSTEMS: - Institutional development of a Fisheries

Information Centre (FIC) - Establishment of a Fisheries Monitoring

Centre + Vessel Monitoring System - Development of a Fishing Vessel

Registry - Design and establishment of the FIS - Training of trainers programme - Supply of IT equipment (for the FIC)

• 130 training workshop days • 36 training courses/seminars

(CCRM component) • 7 fisheries management planning

workshops • Participation in 6 international

meetings • 15 training courses (CMO

component) • 15 overseas study tours • 240 person-days of secondment to

EU member states • 50 senior staff, 200 Fisheries

Control Officers and 20 Coast Guard Officers trained

• 30 fishing port offices constructed, fully operational and networked with FIS

• FMC constructed and FIC fully implemented by December 2005

• VMS in use by national fleet (vessels >18m LOA) on a pilot basis

• Number of linkages with EU research institutions

• Number of PO established and number of wholesale markets compliant with relevant EC legislation by December 2005

• 1 x Model fish market design prepared

• Monitoring and evaluation of

training plan by TA • Inception Report and Annual Work-

plans/budget • Reports from IB&FA PAA • Reports from CCRM PAA • Reports from CMO PAA • Reports from short-term

consultants (EU and national) • Quarterly Project Monitoring

Reports • MARA statistics and Annual Report • Coast Guard statistics and Annual

Report • SIS Annual Report • Supply and works contracts

(payment and works schedules) • Availability of VMS monitoring data

(from FMC) and linkage of this data to the vessel registry

• National fisheries research programme/plan

• Reports from the Secretariat General for EU Affairs

Precondition: • EU and GoT funding • Continued commitment of the GoT to

EU accession • Provision of suitable office space

within MARA • Suitable telecommunications network

for FIS provided by GoT Assumptions: • Appointment of adequate counterpart

staff • Suitability of TA and twinning partner • Effective co-ordination between

government institutions (food health and safety + sanitary issues, aquatic environmental issues + Coast Guard MCS operations)

• Sector study completed • Suitable twinning partner(s) • CFP Review (2002) – reporting in 2003 • Short-term action plans in place

(based on EU Fisheries Alignment Strategy)

• Acceptance of new management regimes by the industry

• Provision of land/office space is made for 30 port offices

• Information on fishery regulations is adequately disseminated


7

Annex 2 – Implementation Schedule

2004 2005 2006 Components J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D

1.Twinning * T T C I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I

2. Technical Assistance **

T T C I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I

3. FIS/FMC IT Supply

P P P P P P P P T T T T T T T C I I I I I I I I I I I I I I I I I

4. Port/market Supply.

P P P P P P P P T T T T T T T C I I I I I I I I I I I I I I I I I

5. Port office works P P P P P P P P T T T T T T T C I I I I I I I I I I I I I I I I I

P – Preparation * Tendering will start in October 2003 T – Tendering ** Tendering will start in September 2003 (ToRs are in Final Draft) C – Contracting I - Implementation

* Assumption: the FM will be signed in October 2003, and the expiry of the FM will be 30 November 2006.

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Annex 3 – Contracting and Disbursement Schedule (Euro)

CONTRACTING and DISBURSEMENT SCHEDULE (EURO) Date (at end of each project quarter)

31-Mar-04 30-Jun-04 30-Sep-04 31-Dec-04 31-Mar-05 30-Jun-05 30-Sep-05 31-Dec-05 31-Mar-06 30-Jun-06 30-Sep-06 30-Nov-06

Contracted 4,866,000 4,866,000 4,866,000 4,866,000 4,866,000 4,866,000 6,603,000 6,603,000 6,603,000 6,603,000 6,603,000 6,603,000 1. Twinning TA Contract 2,457,000 0 0 0 0 0 0 0 0 0 0 0

2. Consultancy TA Contract 2,409,000 0 0 0 0 0 0 0 0 0 0 0 3. FIS/FMC IT Supply 0 0 0 0 0 0 543,000 0 0 0 0 0 4. Port/markets Supply 0 0 0 0 0 0 1,073,000 0 0 0 0 0

5. Port Office Works 0 0 0 0 0 0 121,000 0 0 0 0 0

Disbursed 0 2,808,894 2,808,894 3,140,138 3,140,138 3,471,382 4,513,316 4,844,560 4,844,560 5,696,771 5,696,771 6,603,000 1. Twinning TA Contract 0 1,965,728 0 0 0 0 0 0 0 0 0 491,272

2. Consultancy TA Contract 0 843,166 0 331,244 0 331,244 0 331,244 0 331,244 0 240,858 3. FIS/FMC IT Supply 0 0 0 0 0 0 325,500 0 0 162,750 0 54,750 4. Port/market Supply 0 0 0 0 0 0 643,834 0 0 321,917 0 107,249 5. Port Office Works 0 0 0 0 0 0 72,600 0 0 36,300 0 12,100

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Annex 4 – Draft Outline of Twinning Activity

1. Background

A 24 calendar month twinning project is envisaged. The EU twinning partner(s) will assist the MARA in transposing and implementing the EU fisheries acquis in Turkey. Based on the EU Fisheries Alignment Strategy the EU twinning advisors will work together with the expert staff of MARA and the consultancy TA staff under the overall direction of MARA and the Project Steering Committee.

The EU twinning partner will be a Member State institution directly involved in fisheries administration or a consortium of two or more such institutions, provided that the lead institution assumes full responsibility for the twinning contract. The twinning partner will appoint three Pre-Accession Advisers (PAA), who will take individual lead responsibility for three of the four project components:

1. Institution building, planning and structural policy. 2. Conservation, control and resource management. 3. The common organisation of the markets.

A consultancy technical assistance (TA) project will have specific responsibility for the FIS component (see Annex 5), but will also contribute significantly to the other components of the project and work closely with the twinning TA project. Each PAA will be assisted by a full time national counterpart. Additional TA backstopping will be provided through the use of short-term experts from the twinning partner.

Further details on the project background, objectives, purpose, outputs and activities of each project component can be found in the project fiche.

2. Institution Building & Fisheries Administration (IB&FA PAA) Activities & Duties:

Act as the lead advisor (Team Leader) and co-ordinator in managing the harmonisation of relevant legislation and institutional restructuring and reforms in line with the fisheries acquis.

Prepare a detailed training programme for MARA and monitor its progress. Assist in the establishment and functioning of a Fisheries Policy and Planning Unit. Assist in the preparation of a sector strategy and plan. Plan and co-ordinate a public awareness campaign for the project. Act as project manager of, and work closely with, the twinning TA team, and be responsible for

liaison with the twinning partner institutions. Ensure overall co-ordination of all project inputs and activities, in particular the co-ordination of

both twinning and consultancy TA inputs. Prepare an inception report within 2-months of project start, incorporating an annual work-plan

and budget. Establish and implement a project monitoring programme, and prepare quarterly monitoring

reports and annual work-plan (including budget) for the Project Steering Committee. Duration of assignment: 24 man-months (from early 2004) Qualifications & Experience Profile:

EC category ‘A’ expert with at least 15 years of experience in the application of the CFP at a senior national level.

Managerial responsibility within a Member State fisheries administration, including management of staff, budgets, advising on government policy and sector planning issues.

Excellent contact with officials at the EC Fisheries Directorate General.

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Experience of project management and development in transitional states an advantage. Degree in fishery science, marine biology, or equivalent. Postgraduate qualification is an advantage, ideally including a management subject, public

administration or natural resource (including fisheries) economics. Proficient in English, knowledge of Turkish or other EU languages an advantage.

Reporting Requirements:

Preparation of an Inception Report. Preparation of Annual Work-plans and Annual Budgets. Quarterly project monitoring reports to the Project Steering Committee and twinning partner. Final Project Report.

3. Short Term EU and National Twinning Inputs for IB&FA 45 man-days of short term EU twinning backstopping TA is required to support the IB component, dealing with fisheries legislation. This EU expert should have relevant experience within the legal department of a Member State Fisheries Department. 60 man-days of short term EU twinning backstopping TA is also required to support the IB component, dealing with fisheries policy and sector planning. This EU expert should have relevant experience within the planning department of a Member State Fisheries Department and should be familiar with implementation of the structural policy. The IB&FA PAA will prepare detailed ToR for these short-term TA during the Inception Phase. 4. Conservation, Control and Resource Management (CCRM PAA) Activities & Duties:

Development and implementation of the conservation policy plan. Co-ordination with and integration of specialised support provided by short-term TA (training,

planning of conservation and control legislation, legal drafting, FMC and VMS design). Organisation of specialised backstopping by twinning partner. Development of training plan, supervision of preparation of training materials, and training of

trainers for delivery of fishery control officers training courses. Co-ordinate and advise on establishment of the FMC and VMS system. Co-ordinate and advice on contracts for the establishment the equipment supply for port offices.

Ensure close liaison with TA consultancy on FIS. Assist the IB&FA PAA with preparation of the Inception Report and annual work-plans. Undertaking other tasks relevant to the adoption of the fisheries acquis, under the general

supervision of the IB&FA PAA. Duration of assignment: 18 man-months (from early 2004) Qualifications & Experience Profile:

EC category ‘A’ expert with at least 15 years of experience in the application of the CFP at a senior national level.

Managerial responsibility within a Member State fisheries administration dealing with resource management and/or Monitoring, Control and Surveillance (MCS) issues.

Experience of project management and development in transitional states an advantage. Degree in fishery science, marine biology, or equivalent. Operational MCS experience an advantage. Proficient in English, knowledge of Turkish or other EU languages an advantage.


Assist in the preparation of the Inception Report.

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Assist in the preparation of Annual Work-plan and budgets. Provide quarterly reports to the IB&FA PAA for the Project Steering Committee and twinning

partner. Contribution to Final Project Report. Other reporting as agreed with the Team Leader.

5. Short Term EU and National Twinning TA Inputs for CCRM A total 475 man-days of TA is required, all to be provided by a combination of EU and national Category ‘A’ experts. Specific twinning assistance (provided by short-term EU experts) and training (both in Turkey and in Member States) will cover the institutional building aspects related to the project components. The man-days include provision for time used on study tours and secondments. Backstopping TA includes participation in workshops and preparation of options for legislative solutions and solving of legal problems. Development and delivery of specialised training modules to senior staff (in English) will include training in the operation of the FMC and VMS. In summary the following short term TA are required:

1. Backstopping (120 man-days). 2. Preparation of training course modules (60 man-days). 3. Delivery of selected training modules to senior staff (35 man-days). 4. Advice and backstopping from a national EU fisheries research institute (90 man-days). 5. Twinning between EU Navy or Coast Guard (patrol vessel or VMS authority) and Turkish

Coast Guard Command - training and backstopping (80 man-days). The CCRM PAA will prepare detailed ToR for these short-term TA during the Inception Phase. 6. Common Organisation of the Market (CMO PAA) Activities and Duties:

Advise on the implementation of the legislative alignment strategy for the CMO in fishery and aquaculture products.

Preparation of a detailed plan for the implementation of the common organisation of the market in fishery and aquaculture products.

Support the harmonisation of Turkish fisheries legislation to EC legislation. Support to the introduction of the official common marketing standards for selected species. Supervision of short-term technical assistance engaged to support CMO implementation. Development of capacity within MARA to implement and enforce the CMO component of the

Common Fisheries Policy. Alignment with the agricultural acquis, and especially health conditions for the production and

placing on the market of fishery products and product traceability. Support to the formation and operation of Fish Producer Organisations. Advice on the implementation of a market information system (to include statistics) compatible

with the requirements of the common organisation of the market in fishery and aquaculture products.

Organisation of study tours to observe the administration of the marketing policy and the operation of POs.

Support to improved marketing of fish and fishery products, nationally and internationally. Assist the IB&FA PAA with preparation of the Inception Report, annual work-plans and the Final

Report. Undertaking other tasks relevant to the adoption of the fisheries acquis, under the general

supervision of the IB&FA PAA. Duration of assignment: 24 man-months (from early 2004)

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Qualifications & Experience Profile: EC category ‘A’ expert with at least 15 years of experience in the application of the CFP at a

senior national level. Managerial responsibility within a Member State fisheries administration dealing with CMO

issues. Experience of project management and development in transitional states an advantage. Business, economics or marketing degree an advantage. Industry experience within a producer organisation an advantage. Proficient in English, knowledge of Turkish or other EU languages an advantage.


Assist in the preparation of the Inception Report. Assist in the preparation of Annual Work-plan and budgets. Provide quarterly reports to the IB&FA PAA for the Project Steering Committee and twinning

partner. Contribution to Final Project Report. Other reporting as agreed with the Team Leader.

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Annex 5 – Draft Specifications for Investment Components

Contract No. 3: FIS Software Design & Hardware Supply Detailed technical works and equipment supply specifications for the FIS will be prepared by the consultancy TA during the early stages of the project. Item + Specifications Number Required Computers for FIC Office: 120GB; 512MB RAM; 2.7Ghz 19” monitor; CD writer; Microsoft Windows XP

Graphics and sound cards; 56k modem

3

Server (as above but less monitor, plus DDS4 tape drive) 1 Computers for Port Offices: 120 GB; 256MB RAM; 2.2Ghz; 17” monitor; CD writer; M/S

Windows XP: cards; modem 30

Network cables plus hub 1 HP Laser printer (FIC office) 2 HP Inkjet printers (Port offices) 30 UPS (FIC Office) 1 Systems support and maintenance 1 Miscellaneous software and data 1 Specialist FIS software 1 Co-financing of office accommodation GoT contribution Networking (use of telecommunication lines) GoT contribution

Notes:

Includes equipment required for operation of fishing vessel registry at port offices Maintenance contracts should be negotiated with suppliers The TA should investigate leasing costs Licence arrangements are available to reduce Microsoft Office Professional costs.

Contract No. 4: FMC and Port Office Works/Equipment Supply Detailed technical works and equipment supply specifications for all four lots within this contract will be prepared by a design consultancy, supported by the CCRM PAA, during the early stages of the project. FMC and VMS (Lot No. 1) The FMS will be established at secure premises to be designated by MARA and Coast Guard Command with a MoU. The recipient will ensure the installation of appropriate communications linkages (e.g., telephone, cable and radio links) in accordance with the specifications in a timely manner in co-ordination with the supplier. The supplier shall provide, install, and test all components of the VMS system as per the design and tender specifications provided by the consultant TA. Indicative equipment requirements are as follows:

2 workstations (24hr per day manning) + 1 reserve Server and backup server for each VMS data supplier (Inmarsat, Argos and other suppliers) Additional server for input/output data exchange with other EU countries Archive system - tape or other backup (held elsewhere) 2 x fax machines, 2-4 radios, 2-4 telephones (voice lines) Overhead projector linked to workstations Secure ISDN lines to Coast Guard Command and other users (eg regional coastguard offices) Security system on door (preferably one entry/ exit, fire regulations permitting)

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UPS capable of serving entire system (up to 10 computers) Emergency generator, air-conditioning and fire protection system Dedicated VMS operations software with GIS and digital maritime charts (source code to be

MARA property if relevant) Additional specifications/software relating to Search and Rescue (SAR), traffic control, and

coastal radio linkages to be determined during design Port and Markets Supply Contract (No. 4) Port Supplies. The supply contract will be for 9 x large and 10 x small Portacabin / prefabricated offices supplied in accordance with the specifications prepared under the “port office design consultancy TA”. The supplier shall be a reputable Turkish construction firm with a construction capability in all the port office sites. A total of 30 port offices shall be equipped with office furniture, computer, fax and telephone and a range of minor fisheries equipment (e.g. binoculars, protective clothing, life jackets, and thermometers). The 14 large offices shall each be provided with an appropriate vehicle. Market Supplies. In the absence of local availability, some equipment may be required for the delivery of CMO training courses and workshops. This includes protective clothing (hats, coats, boots, gloves), clipboards and stationery, a supply of corrosion resistant, impervious containers for samples, thermometers, digital cameras, training materials (mobile white boards, pens, erasers etc.), benches with surfaces manufactured from corrosion resistant and easily cleaned material for inspection of samples, and for undertaking organoleptic examinations and stools, also meeting the same food hygiene criteria, for personnel to conduct such tests, a supply of filleting knives and simple dissecting equipment for quality assessments, cooking equipment and suitable crockery and cutlery for simple taste-panel trials, a supply of rulers and other equipment for the measurement of fish sizes and sets of scales, and appropriate cleaning materials and equipment.

The above supplies will be tendered in accordance with the specifications prepared by the Technical Assistance Contractor.

Port and Markets Supply Contract (No. 5) The construction of the additional 11 port offices will be tendered in accordance with the specifications prepared by the Technical Assistance Contractor.

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Annex 6 – Fisheries Sector Review of Turkey THE FISHERIES SECTOR IN TURKEY Fisheries is the fourth sub-sector of the agricultural sector in Turkey, and has a vital importance for human nutrition, for the fish processing industry providing as raw material, creating employment possibilities and potential for export. Being in half closed position, surrounding seas have different characteristics due to different biological, physical, chemical and ecological factors. The country has also rich inland waters resources with significant capture fishery and aquaculture potential. However, it is not easy to say that fisheries sector, with a share of 0.3 % in GNP (Gross National Product) and 2.7% in the agricultural sector, has played its expected role in agriculture and National Economy. Administrative and Legal Framework The Ministry of Agriculture and Rural Affairs (MARA) is the main component authority responsible for all fishery activities; administration, regulation, protection, promotion and technical assistance through four General Directorates (Annex 1) enforced by the Fisheries Law (No: 1380), enacted in 1971 which was amended by Law 3288 of 1986. Continental Waters Law (No: 2674) enacted in 1982. In accordance with these Laws, every year a commercial fisheries and sport fishing circulars are published and announced in the Official Journal about the restrictions for the conservation of the stocks by regulating fishing activities and pollution control. Other Laws, related to fisheries and fishery products are:

- The Law No. 1163 on cooperatives, - Decree No. 560 concerning production, consumption and Inspection of foodstuff, - The Law, No. 3285 on animal health and sanitation - The Law No. 2872 on environment

Other legislation (namely regulation, circular, manual, guides and standards) is listed in Annex 2. The institutions related with the fisheries and supports MARA are:

• Prime Ministry (State Planning Organisation (DPT), State Statistical Institute (SIS), DG Customs, Under secretariat of the Foreign Trade)

• Turkish Standardisation Institute (TSE) • Ministry of Finance (DG Incomes) • Ministry of Environment (4 DGs on environmental issues) • Ministry of Interior (Coastguards) • Ministry of Energy and Natural Resources (DG State Water Works) • Ministry of Health (Institute of Public Health-hygiene and the sanitary of fish and fish

products) • Ministry of Forestry (DG Wildlife and National Parks) • Municipalities (Quality control and conservation in the local open markets) • Bank of Agriculture (Credits)

Fisheries legislative attempts has started during the second half of the 1800s (Table 1), however later developments has not progressed as expected. In this respect Fisheries Law (No: 1380) of 1971 can be seen as the first major development or corner stone. Second main development or change took place early 1980s when the new legislative arrangements are enacted and got into force. As a result, a number of ministries and institutions established in the 1980’s such as Ministry of Environment, Ministry of Forestry, Under Secretariat of Maritime etc. is involved in the decision making process regarding fisheries and aquaculture.

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Legislative and decision-making process can be quite lengthy, time consuming and complicated. Thus in spite of urgent needs of the sector only a few new legislation and amendments have been made. Duties and responsibilities of MARA are:

• to make and implement the major fisheries policies (including aquaculture), specified in the Laws No: 1380 and 3288,

• to assist the services such as the provision, supply and distribution of the fisheries (including aquaculture) credits and other inputs that fish farmers and fishermen use,

• to establish and operate the quality control systems and organisations required to ensure and regulate that fish and other fishery products are captured, processed, stored, marketed and exploited in accordance with the international quality standards,

• to establish and operate research activities on the improvements, controlling, production, processing units, agencies, laboratories and establishments, and to provide technical assistance to private sector organisations desiring to establish and operate such kind of institutions,

• to prepare and implement extension and training systems, programs and projects for farmers and fishermen,

• to collaborate with the private agencies, universities, research institutions and international organisations to increase the productivity, conservation of natural stocks and to protect them from biotic and abiotic hazards,

The Ministry undertakes its duties in the field of Quality Control in 26 provinces with 128 inspectors while Central Competent Authority employs 8 experts and about 255 staff working at the Provincial Directorates, in fisheries management, including five staff at the Central Competent Authority. State Planning Organisation has duty to prepare long-term development plans and annual programs conforming to the targets of the sector determined by the government, and to coordinate activities of the ministries and public institutions concerning economic, social and cultural policies, to ensure efficient implementation and advise the government regarding fishery policy issues.

State Statistical Institute (Prime Ministry) is the main authority collection, processing, evaluation and publication of the fisheries statistics. Although it is aimed to publish the statistics one year after, due to the methodology applied and the unawareness of the fishermen and producer organisations, it usually takes more than 1 year. The latest issue belongs the year of 2000. Surveys for the data collection carried out by two methods: full enumeration for the large-scale fishermen (having vessels 20 m) using questionnaires and interviewers and sampling for small-scale fishermen. Data on fishery products are sometimes adversely affected by the reluctance of fishermen to answer questionnaires. After the completion of the surveys all the results are checked in order to final evaluation by the committee which the members are formed from State Statistical Institute (SIS), Ministry of Agriculture and Rural Affairs (MARA), State Planning Organisation (SPO) and representatives of fishermen’s cooperatives. All of the professional fishermen registered within territorial waters are covered. Annual surveys are conducted during January and February in the related year. In the application, the interviewers compile information of the previous year’. All the information given by the fishermen is assumed as true so there may be some inconsistencies in survey results, especially during the collection of catch and expenditure data. Information gathered from the fishermen are processed and divided by regarding the regions given below. This is slightly different from the original geographical data by means of management considerations.

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Annex 7 - EU Fisheries Alignment Strategy

KEY TO USE OF EU FISHERIES ALIGNMENT STRATEGY TABLE EC Legislation Number: Full title of legal instrument (and relevant article) provided as footnote when first referenced in the table.

Key Obligations/Implications: As stated in relevant articles of a legal instrument.

Current situation in Turkey: Legal and institutional gap analysis

Key tasks: Legal and institutional action required ensuring legal alignment and institutional requirements to practically apply and enforce the CFP

Institution’s Responsible: European Union and/or Government of Turkey ministries/ institutions

Resources Required: Provided either by the European Union (in the form of twinning or consultancy TA, training and equipment) or by a Government of Turkey institution (in particular MARA/CGC/SIS)

Phase: Years 1-4 relate to calendar years, with Year 1 = 2003, and Years 2-4 = 2004-2006.

FOREWORD The drafting of a 3-year horizon Fisheries Sector EU Alignment Strategy was completed by the Fisheries Working Group sub-groups in October 2002. This document is essentially a working document, expanding upon and revising the current NPAA (National Plan for Adoption of the Acquis). It has been compiled to provide a clear strategy for the transposition and practical application of selected fisheries acquis. Given the volume of relevant legislation that currently exists in the fisheries acquis (there are currently in the order of 250 legal instruments in force relating to the CFP), focus has been given on key legal instruments. The approach taken by the Fisheries WG has therefore been one of ensuring that the secondary “framework” directives and “basic” regulations for each policy component of the CFP have been transposed in full, considered in terms of legislative alignment to either an amended or new Turkish framework Fisheries Law. Adoption of “daughter” directives or “tertiary” regulations can then be considered at a later stage during the accession process. As to whether a new or amended law be prepared, consideration has been given to the limited level of transposition to date and the possibility of significant institutional restructuring within MARA by the creation of a new, single Fisheries General Directorate (or Agency). The Working Group experts consider that the most appropriate option is that MARA draft a completely new Fisheries Law, rather than seek to significantly amend the existing law. In summary, this document is presented in tabular form as tables of correspondence incorporating an analysis of the current degree of legal alignment and legislative gaps in the most important regulations and directives. As such the document contains:

• A legislation gap analysis for key fisheries acquis legal instruments • Identification of the institutional responsibilities in the alignment process • A phased legal approximation plan, institution building and sector re-organisation plan (from

which monitoring indicators can be derived for following the alignment process) • Preliminary identification of the technical assistance, training and equipment requirements and

investments needs during the next 4-year period.

This document is to be updated on a regular basis by the Fisheries WG, staff at MARA and other relevant government offices (in particular the Coast Guard and State Statistical Institute) that are involved in implementing the appropriate control measures and penalties to ensure that the fisheries acquis is complied with.

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FISHERIES ACQUIS EU ALIGNMENT STRATEGY TABLE – CONSERVATION POLICY EC Legislation Number

Key Obligations/Implications (Conservation Policy)

Current Situation in Turkey (Legal and Institutional)

Key Tasks (Legal & Institutional)

Institutions Responsible

Resources Required (Inputs)

Phase (Year)

GENERIC TASKS (applicable to most/ all conservation legislation and relevant to other policy areas) All relevant EU legislation 3760/92 Art 3

Definitions of terms used in EC legislation to be accurately reflected in Turkish law

Legal Some Turkish definitions similar to EU, some do not exist, others differ.

Legal Prepare complete listing of legal definitions and harmonise Turkish definitions with EU definitions

MARA (P&C GD) EU

EU TA (EU and Turkish legal)

Year 1+

General institutional development: construction of port office for fisheries officers to implement acquis

Establish basic physical infrastructure for fisheries officers and inspectors at all major fishing ports (subject to comprehensive institutional development plan)

Institutional MARA staff located at provincial/ district offices often at considerable distance from fishing ports. Individual staff may also have multiple tasks, spanning various MARA functions (agriculture, livestock). Duty statements are generic and not fisheries specific. Working hours (9-5) do not necessarily correspond to ‘fishing hours’ and there is no provision for flexitime.

Institutional MARA offices at 40 major fishing ports – construction of offices for up to 5-6 fisheries officers per location

EU-consultancy TA, Training & Equipment MARA-Land, available buildings, Co-financing of construction

Years 2-4

General training module for ‘port-based’ fisheries officers (I, II, III) and other key support institutions (IV and V)

I. Training of trainers II. Training of minimum of 3 fisheries officers 3 per major port = 120 III. Training of remaining fisheries officers – small ports second/ 3d phase IV. Training of court officials (prosecutors and judges in EU-related changes to fisheries law) V. Upgrading of CGC procedures, database systems, knowledge of EU law / procedures

No / little acquis training material in Turkish Fisheries officers do not understand implications of the acquis. Turkish fisheries administrative and MCS procedures do not correspond to requirements for acquis.

Prepare training materials which will contribute to a fisheries officers manual in the longer term Conduct training courses for fisheries officers, CGC officers and selected court staff (e.g., public prosecutors, judges), select officers and training locations (probably research institutes / CGC bases which have accommodation and access to practical training possibilities)

MARA/ CGC EU

EU-Twinning TA and training (incl. Study tours), and equipment Turkish and EU TA MARA/ CGC per diems

Years 2-4

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EC Legislation Number






Phase (Year)

Strengthen fishermen/ stakeholder organisations and consultation mechanisms

Not a specific obligation of the acquis but the acquis will be difficult to implement without more effective mechanisms for stakeholder consultation and creation of awareness among fishermen.

Out of a total of approximately 100,000 fishermen (60,000 full-time) approx. 15,000 are members of coops. No fishermen’s associations or similar organisations exist. Seven Unions of co-operatives exist, but no national federation of unions. Fishermen (seamen/ employees) are not unionised. MARA has its own TV studio/ radio programmes (provided through CGC)

Strengthen fishermen’s organisations (not necessarily creation of PO’s) and improve stakeholder consultation process with regard to changes imposed by acquis Strengthen AFC9

EU-consultancy TA & Training and equipment MARA- Strengthen ACF and establish an information/ public awareness unit

Years 2-3

3760/9210 BASIC CONSERVATION REGULATION 3760/92 (Article 4)

Equal access to waters and resources (Issues involved more complicated than a simple fisheries issue – links to investment and labour laws)

Legal Companies (Reg. Art 5) and individuals (Law Art 21) must be Turkish to get fishing licence Non-Turks cannot be fishermen (Law Art. 21) – all crew must have a fishing licence

Legal Changes required in Law and Regulation. Check foreign investment law regarding derogations from fisheries law. Current situation contrary to EU employment legislation

MARA / Under Secretary of Foreign Trade

Institutional See above

Institutional Consider establishing permanent Working Group (WG) on legal drafting

MARA EU

MARA-new or amended law EU-twinning TA (fisheries IB)

Year 1+ Years 2-4

9 ACF (Advisory Committee for Fisheries). Total 29 members – composition: 7 from unions of co-operatives (including inland/ aquaculture); 4 DG MARA; Universities 1 each (Ege and Tech University Black Sea, Ankara, Istanbul, 1 other); State Planning Office, Ag. Bank, CGC, Sci.

Tech Research Council, 2 Foundations (NGOs), Marine Trade Chamber Istanbul. [Purse seiner owners not represented per se]

10 Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a community system for fisheries and aquaculture. OJ L 389 31.12.1992 (Consolidated version).

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Phase (Year)

3760/92 (Article 4.2)

Establish authority of the fisheries administration to establish zones, limit exploitation rates, set limits on catches, limit time spent at sea, fix number of vessels authorised, provide technical regulations, set minimum sizes. Note that limits on catches (=quotas) currently only apply to ICCAT species in Mediterranean EU Mediterranean countries may agree to extend fishery ‘conservation’ zones beyond 12 miles (eg, Spain)

Legal Zones restrictions in Circular 35/1 Exploitation rate not applied/ used Quotas – not defined or used Time spent at sea (activity) – not used but closed season regulation exists (Circular 35/1) Freeze on issue of licences (Decree) Limits on number and type of vessels General authority to limit gears and fishing methods (tech. measures) in Law Art 23 Minimum sizes in Circular

Legal Require inclusion of exploitation rate in legislation Require inclusion of quota definitions, allocation and monitoring (see separate task line) Need to amend legislation to limit numbers of vessels authorised to fish BY TYPE of fishing.

MARA EU

Institutional Institutional Apply quotas to tuna fishery

MARA EU

MARA-new or amended law EU-twinning TA (fisheries IB) and training (advice on quota system design and application) EU-prepare information booklets for industry MARA-consultation with industry

Year 1+ Years 2-4 Year 3 Years 2-4

3760/92 (Article 4.2 (c))

Establish system of TACs and quotas. Currently only relevant in the case of shared stocks (e.g., tuna/ HMS), ie, obligation to enforce ‘ICCAT allocation/ quota’. May become more important if relative stability is introduced in the Mediterranean or Black Sea.

Legal No provision in law to limit catches, or set quotas Property rights in fisheries requires clarification (e.g., status of historical rights / track records, transferability of possible individual quotas)

Legal Options: 1. Establish system for granting fishing rights/ quotas/ opportunities. This will require a clause in basic fisheries law enabling limitation on catches by fishermen/ vessels/ or groups of fishermen; or 2. Close fishery when national quota caught (e.g., apply existing closed season legislation)

MARA (GD of P&C) EU

EU-twinning TA (fisheries IB) and training EU-equipment (linked to FIS) MARA- Stakeholder consultation

Years 2-4

Annexes

22







Phase (Year)

Institutional Monitoring of catches / catch reporting deficient (logbooks and landings declarations) No MARA port offices No summary landings information by port (currently estimated from annual survey of large vessels and sample of vessels under 12m) 28 Provincial offices results in management and control/ command problems (i.e., no regional offices as in Coast Guard – 4 regions)

Institutional Establish logbook system for quota species (e.g., priority for ‘ICCAT’ species - tuna/HMS) Establish landing controls and checks/sea inspections. Establish statistical system for compiling catch information and transmitting to the EC. Prescribe penalties for failure to provide required information Ensure that fishermen are informed of consulted with regard to changes Improve catch statistics (track record) for potential future quota species (e.g., small pelagics)

MARA (P&C) CGC EU

MARA- Port offices Institutional changes to allocate clear responsibility at Provincial level

3760/92 (Article 5)

Establishment of a licensing system including its application to Turkish vessels operating on the high seas and in third country waters. In the event that there are (reciprocal) agreements with third countries (e.g., Georgia anchovy) then permission for third country vessels to fish in Turkish waters MAY be required

Legal Licensing for Turkish waters effective, but not for high seas, or third country waters Third country vessels cannot operate in Turkish waters Information required on licence (Regulation Annex 2 & 3)

Legal To clarify and apply jurisdiction over Turkish vessels fishing outside Turkish territorial waters. No action required for acquis with regard to fishing permits for third country vessels Ensure licence contains minimum information required (Ref. EC Reg. 3690/93 see Statistics) amended? also minimum requirements in licenses for third country vessels

MARA (& consultation with Legal Unit in Foreign Affairs) EU



EU-twinning TA (fisheries IB) and training (study tours to gain knowledge of licensing systems). Longer term: Black Sea observer at BSFC meetings

Years 2-4

Annexes

23







Phase (Year)

3760/92 (Article 9)

Exchange of fishing availabilities. Not immediately relevant – may arise in relation to the Black Sea.

Legal No legal implications

Legal No further action required

Institutional Institutional Reporting/statistical reporting requirement

MARA

NIL

Post Accession

3760/92 (Article 10.1 last paragraph)

Regulations that national regulation be at least as strict as EC Regulations

Legal Applies to all regulations

Legal Check that regulations conform to Article 10.1 last par.

MARA (P&C)

Institutional Regulations currently implemented by 4 directorates responsible for fisheries.

Institutional Implications for restructuring of MARA and creation of Fisheries GD.


Year 1+ Years 2-4

2847/9311 CONTROL REGULATION 2847/93 Articles 2, 5.(h) and 17)

Monitoring Turkish vessels inside and outside Turkish waters to comply with EC regulations See also 2846/98 See also Article 17 (high seas monitoring)

Legal No positioning or other reports from vessels at sea Refer also to alignment table for Information & Statistics

Legal New article required in regulations

MARA

MARA-new or amended law EU-twinning TA (fisheries

Year 1+ Years 2-4

11 Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy. OJ L 261, 20/10/1993 p.1.

Annexes

24







Phase (Year)

Institutional No institutional arrangements for monitoring

Institutional Institutional arrangements / staff required Information / training of fishermen

MARA CGC EU

IB), training, & equipment (computers, radio, fax, software for MARA & CGC) MARA/ CGC- Resources for port offices & fishery patrols

Years 2-4

2847/93 (Article 2.4)

Obligation to report to the EC and concerned Member State

Legal Refer also to alignment table for Information & Statistics


Institutional No current obligation

Institutional Information collection, compilation and report preparation

MARA/CGC SIS EU

EU-twinning TA (fisheries IB), training and equipment (for electronic transmission of data)

Years 2-4 and Post Accession

2847/93 (Article 3)

Establishment and operation of VMS

Legal No obligation to operate VMS

Legal New Article required in Regulations

MARA & CGC

MARA-new or amended law

Year 1+ Years 2-

Annexes

25







Phase (Year)

Institutional No Fisheries Monitoring Centre (FMC)

Institutional Establish, staff and equip FMC Formalise MARA/ CGC arrangements (protocol/ committee) Consultation with vessel operators System installation contracting System maintenance contract

MARA & CGC EU

EU-twinning TA (fisheries IB), training and equipment (for FMC) MARA / CGC- Establish FMC in CGC. Establish protocols between MARA/ CGC

4

2847/93 (Article 4.2)

Obligation to co-operate with (fisheries) inspectors

Legal Covered in Article 28 of fisheries law


Institutional Responsibility of MARA

Institutional No further action required

NA

2847/93 (Article 5)

Identification of fisheries inspectors Inspection procedures Marking / characteristics of vessels

Legal Refer also to alignment table for Fleet Registry (marking of vessels)

Legal Need to continuously check if other implementing legislation has been approved by EC (reference to 2846/98)

Institutional CGC have uniforms, MARA have ID cards Triplicate control form in CGC and under preparation in MARA Procedures established

Institutional Verify that details of existing inspection procedures conform to EU requirements Prepare Fisheries Officer’s Procedures Manual

MARA/ CGC EU

EU-twinning TA (fisheries IB) EU-consultancy TA (preparation of manuals) MARA-uniforms for inspectors

Years 2-3

Annexes

26







Phase (Year)

2847/93 (Article 6)

Obligation to keep logbooks for TAC species and other designated species Sampling system for vessels <10m

Legal Vessels >12m obliged to keep logbooks (Circular Art 21, paragraph 15)

Legal Change to >10m Check species applicable to Turkey

MARA

Institutional Form and content of logbook not entirely compatible with EC requirement No coding system for species No sampling system exists

Institutional Check/ Modify logbooks to conform to EC requirements, e.g., designated species (ref. to statistical reg.) Consult / explain to fishermen Establish catch sampling system for small vessels (<10m)

MARA MARA

MARA-new or amended law EU-twinning TA (fisheries IB) MARA-industry awareness programme

Year 1+ Years 2-4

2847/93 (Article 7)

Turkish vessel operator obliged to inform other EU port state of intention to land fish

Legal Requirement not in Turkish law

Legal Insert requirement in fisheries regulations

MARA

Institutional Institutional Inform vessel operators

MARA-new or amended law & awareness campaign

Year 1+ (Pre accession)

2847/93 (Article 8)

Obligation on vessel operator to submit landing declarations for TAC species and other designated species

Legal Requirement not in Turkish law

Legal Insert requirement in fisheries regulations

MARA


Year 1+

Annexes

27







Phase (Year)

Institutional MARA provincial staff under-utilised No flexibility in working hours Extension Unit has TV studio National TV has a training programme for farmers – can be applied to fishermen CGC does regular radio programme

Institutional Check for species to which regulation is applicable Make provincial staff more effective Install Fisheries Information Management system for Turkey (FRIST) Set reporting targets Change working rules MARA staff rules – e.g., night hours to cover landings - flexitime

MARA (P&C) CGC and MARA GD Org. & Support (extension/ info.)

EU-twinning TA (fisheries IB) and training MARA- Port offices & awareness campaign. Improved organisation of fishermen. Establish fishermen information programme

Years 2-4

2847/93 (Article 10)

Advance notification of landing by third country vessels

Legal No obligation in Turkish legislation

Legal Insert new provision in regulations

MARA

Institutional Institutional Establish administrative procedures

MARA/ CGC

MARA-new or amended law and liaison with CGC

Year 1+

2847/93 (Article 11/12) See also 2846/98

Obligation on master of vessel to report transhipment of TAC / quota species (amended 2846/98)

Legal Forbidden to tranship to foreign vessel (under Customs regulations)

Legal Insert new provision in regulations


Year 1+ Years 2-

Annexes

28







Phase (Year)

Institutional Institutional Establish administrative procedures to record/ compile information

EU-Twinning TA (fisheries IB) and training of Fisheries Officers, plus awareness campaign.

4

2847/93 (Articles 15, 16 & 18)

Transmission of landings data to EC (monthly) and to other MS (Art. 16) for TAC/ quota species. Art. 18 (high seas/ third country waters)

Legal NA

Legal NA

Institutional No existing arrangements

Institutional Establish administrative procedures (refer also to Information & Statistics alignment table)

MARA EU

EU-twinning TA (fisheries IB) and training MARA-implement FIS

Years 2-4

2847/93 (Article 19)

Obligation to verify and crosscheck Ref. 1543/2000 and 2807/83

Legal NA

Legal NA

Institutional No existing arrangements

Institutional Establish computerised relational database system Establish network/ data transmission system from provincial directorates Establish verification protocols Train operators and data recorders

MARA CGC SIS EU

EU-twinning TA (fisheries IB), training and equipment (Computers & software for provincial offices)

Years 2-4

2847/93 (Article 20)

Obligation to stow nets and record net and changes and corresponding catch composition in logbook

Legal No legal provision

Legal Review applicability of this regulation (may not have any application in Turkey – check Technical Measures regulations)

MARA

MARA-awareness campaign

Years 2-4

Institutional Institutional

Annexes

29







Phase (Year)

2847/93 (Article 21)

Prohibit fishing when quota exhausted

Legal Provision already in Turkish law

Legal NA

MARA

Institutional Liaison between MARA and CGC

Institutional

MARA/CGC

CGC-‘tuna’ patrols

On-going

2847/93 (Article 31)

Obligation to have effective sanctions / penalties for violators of fisheries laws

Legal Legal provisions exist in the Fisheries Law Art. 36 and Circular needs Council of Ministers to change. Automatic adjustment for inflation. Some violations criminal

Legal Review legal provisions Assess effectiveness and compare with other EU MS

MARA/ Ministry of Justice

Institutional Penalties not considered an effective deterrent

Institutional Review penalty schedule and its application

MARA/ CGC Justice Ministry


Years 2-4

2847/93 (Article 35)

Annual report to EC on application of control regulations (Also refers to other controls, e.g. Markets)

Legal NA

Legal NA

Institutional MARA and CGC already produce annual reports

Institutional Greater data analysis and preparation of more detailed report

MARA/ CGC EU

EU-twinning TA (fisheries IB)

Years 2-4

2847/93 (Article 37)

Confidentiality of information

Legal Fisheries Law Art 28. Information submitted is confidential and cannot be used in evidence.

Legal Publication of aggregate fisheries statistics

MARA

Institutional Institutional Publication of aggregate fisheries statistics (refer also to Information & Statistics alignment table)

EU-twinning TA (fisheries IB)

Years 2-4

1626/9412 TECHNICAL MEASURES (consolidated version) 12 Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean. Regulation as last amended by

Regulation (EC) No 973/2001 (OJ L 137, 19.5.2001, p. 1). [Applies east of line 5º 36′ west, approximately the Gulf of Lions]. NOTE: incorporates amendments M1-M6 – see consolidated text.

Annexes

30







Phase (Year)

1626/94 General Application

Legal Does not apply to the Black Sea May not apply to the Sea of Marmara Applies only in Aegean & Mediterranean (= South of Turkey GCFM area)

Legal Position of Turkey is that the technical measures for the Mediterranean do not apply to the Sea of Marmara as it is not part of the Mediterranean It is unclear whether the CFP will be applied in its entirety in the Black Sea (subject possibly to a derogation from bordering applicant countries, including Turkey)

1626/94 (Article 2.1, 2.2 and 2.3)

Prohibitions on keeping on board of toxic, soporific or corrosive substances, of electric shock generators and of explosives.

Legal Covered by Fisheries Law Article 19 (Regulation 9) All coral harvesting prohibited under Circular (Article 6) Beach seines prohibited under Circular (Article 18)

Legal Insert prohibition on use of pneumatic hammers for lithophagous molluscs

MARA

Institutional Pneumatic equipment not used at present.

Institutional


Year 1+

1626/94 (Article 3)

Prohibition on trawling and seining – depth and distance from coast, and for trawling over Posidonia beds Restrictions on drift nets Refer also to Reg. 3094/86 (drift nets and purse seines)

Legal Bottom trawling prohibition varies 2-3 nm from shore (Circular 4). In some areas no trawling is permitted. There is no depth restriction. Purse seine (Circular 16): Depth restriction mechanical 18m, manual 11m, No distance from shore prohibition, but all bays closed to purse seining Seasonal restrictions apply both to trawling and purse seining Posidonia: harvesting prohibited Drift nets prohibited (Circular 21)

Legal Turkish regulations more specific and tailored to local fishing conditions. To consider request for derogation similar to that provided in 2550/2000 and ref. Art. 5.2 of this 1626/94 Prohibition on trawling in Posidonia beds required Check compatibility with Reg. 3094/86 (drift nets and purse seines)

MARA/ Fishermen’s organisations/ Advisory Board

EU-twinning TA (fisheries IB) and training (related to derogation) MARA-inputs from Research Section & Universities (related to Posidonia)

Years 2-4

Annexes

31







Phase (Year)

Institutional Institutional Prepare justification for derogation, if required and obtain fishermen’s views on EC regulation. Identify clearly Posidonia beds and inform fishermen

MARA EU

1626/94 (Article 4)

Designation of (marine) protected areas (MPAs) and fishing rules

Legal No fishing allowed in MPAs

Legal To clarify regulations / responsibility with MoE and Ministry of Culture (eg, shipwrecks)

Directorate of Environmental Protection (MoE)

Institutional 10-12 MPAs. Also designated turtle areas and 2 Marine Parks exist

Institutional Notify Commission of MPAs and rules. Consider establishing additional marine parks

MARA/ MoE Ministry of Culture EU

MARA/MoE-new or amended law EU-twinning TA(fisheries IB)

Years 2-4

1626/94 (Article 6)

Measurement of nets For details refer to 2108/84

Legal No length restrictions Net height restriction applies only for seiners in Marmara (Circular 16) Measurement 20 meshes (Circular 2)

Legal Check compatibility with EU reg. 2108/84 as amended

MARA

Institutional Institutional


Year 1+







Phase (Year)

1626/94 (Annexes I – IV)

Specifications of dredges, nets, long-lines, mesh sizes, and minimum sizes of species, etc. Refer to 3440/84 cod end attachments Refer to wildlife (461/86) and habitats (72/82) directives

Legal Some Turkish specifications stricter than EC legislation Mesh size and minimum size regulations may not be entirely compatible with EC legislation

Legal Review Turkish specifications and alter accordingly

MARA/ MoE EU

EU-twinning TA (fisheries IB) and training EU-possible FP613 funding

Years 2-4

Annexes

32







Phase (Year)

Institutional Institutional Advise fishermen and update inspectors in changes and methods of measurement

MARA EU

to be sought for gear selectivity studies MARA- awareness campaign

1936/200114

Obligation to implement ICCAT rules

Legal Recreational fishing regulation exists (35/2) but does not oblige recording of catches

Legal Minor change to recreational fishing regulation required

MARA

Institutional Turkey attends ICCAT meetings as observer and sends bluefin tuna (only) information to ICCAT (including import and export information) Collection of sport fishing catch-data. Two sub-sectors – private boats and tourist angling parties Routine CGC patrols do not record all observations

Institutional Information on all species in Annex II to be sent to ICCAT and made available to EC Consider possible use of angling clubs to assist in organisation/ control of sport fishing for ICCAT (and other) species Improvement in CGC patrol procedures and database systems

MARA & CGC EU

MARA-new or amended law EU-twinning TA (fisheries IB) and training (Study tour-Recreational fishing regulations/ organisation)

Year 1+ Years 2-4

2027/95

Legal Closed season regulation exists. No obligation to record fishing activity in law

Legal May require provision in legislation in future

MARA EU

Management of fishing effort (activity) – not currently applicable in the Mediterranean, but is likely to be introduced as part of the current review of the CFP

Institutional Fishing activity not recorded (eg, number of days fishing). Logbook system (from which activity can be derived) starting for larger vessels.

Institutional Awareness of possible application in the Mediterranean (e.g. shared small pelagics)

MARA EU

EU-twinning TA (fisheries IB) and legal assistance

Years 2-4

Annexes

33







Phase (Year)

Environment

Environmental legislation and coastal zone management not included – refer to environment acquis, e.g., Directives15 43/92 (Habitats Directive), 659/78, 923/79

Legal NA

Legal Check links with current environmental legislation

MARA MoE

Institutional NA

Institutional Consider submissions for FP6 funding for coastal zone/ environmental initiatives. Strengthen Black Sea Environment Programme

MARA EU

MARA-liaison with MoE EU-twinning TA (fisheries IB) - prepare FP6 submission

Years 2-4

Annexes

34

FISHERIES ACQUIS EU ALIGNMENT STRATEGY TABLE – STRUCTURAL POLICY EC Legislation Number

Key Obligations/Implications (Structural Policy)





Phase (Year)

2792/199916 (Article 3) + 1260/199917

Preparation of a sector development plan as a basis for justifying the allocation of public aid to the sector

Legal Constitutional Law (Article 166) provides for the preparation of sector development plans. There is no requirement for a plan specified within the Fisheries Law.

Legal Requirement for a fisheries and aquaculture sector plan to be included in the Fisheries Law (as amended or in new legislation).

MARA

Institutional Fisheries sector plan in place (for period 2001-2005) prepared by the State Planning Organisation (Prime Minister’s Office). Plan divided into 5 sub-groups (capture fisheries, aquaculture, processing & marketing, trade and research), with a descriptive sector review and ‘wish list’ of development options (plus limited economic analysis/justification). This plan does not constitute a sector plan for the purposes of allocation of public/EU aid.

Institutional New sector plan prepared following preparation of a sector study and sector strategy. Institutional restructuring of four MARA fisheries DG or establishment of a separate DG for fisheries sector (including aquaculture) Fisheries Policy & Planning Unit/Section to be established.

EU MARA & SPO (PM Office)

MARA-new or amended law EU-consultancy TA and training (sector plan) EU-twinning TA and training (fisheries IB and legal support) EU – equipment (computers) MARA – office & resources for new unit/section

Year 1 Year 2 Years 2-4 Year 2 Years 2-4

Annexes

35







Phase (Year)

2792/1999 (Articles 7&9)

Fisheries management system in place to adjust fishing effort and prioritise use of public aid

Legal MARA permitted to impose technical measures and to withdraw renewal of fishing licenses for vessels in specific cases, but there is no compensatory system in place to reduce/remove fishing effort. Only in special cases (natural disasters) is there Legal provision to pay compensation to vessel owners.

Legal Cabinet decree required establishing a system for providing compensation for vessel decommissioning. Legal requirements for co-financing mechanism to be confirmed.

MARA

Institutional No separate fish fund exists to pay compensation. All funding for MARA activities/interventions is provided from the recurrent budget.

Institutional Strengthening of linkages between the Ministry of Finance and MARA to ensure that co-financing mechanism is in place and there is transparency in government accounting procedures

EU MARA MoF

MARA-new or amended law EU-twinning TA and training (fisheries IB and PCM)

Year 1 Years 2-4

2792/1999 (Article 5) 366/200118 1260/1999 (Preamble + Article 26)

Monitoring system in place for the MAGP

Legal No legal requirement for monitoring of existing sector plan.

Legal Requirement for a fisheries and aquaculture sector plan to be included in the Fisheries Law, plus specific obligations for monitoring of plan to be contained in a Fisheries Regulation or Circular.

MARA

MARA-new or amended law EU–consultancy TA and

Year 1 Year 2

Annexes

36







Phase (Year)

Institutional Monitoring undertaken by individual sections in MARA. Each GD has a co-ordination unit that collates data on an annual basis. Research, Co-ordination & Planning Department responsible for budgetary control and preparation, and unit within this undertakes economic analysis (but not in fisheries sector). Institute for Economic Research (under MARA) also not undertaking work in fisheries sector. MARA Fisheries Economic Section only collect’s statistics.

Institutional Establishment, capacity building and institutional strengthening of a fisheries economics, policy and planning unit/section. Capacity building of staff in fisheries economics and environmental monitoring.

EU MARA SSI (SIS)

training (sector plan) EU–consultancy TA and training (FIS) EU – twinning (fisheries IB) EU – equipment (computers) MARA – office & resources for new unit/section

Year 2-3 Years 2-4 Year 2 Years 2-4

2792/1999 (Article 8)

Provision for the establishment of joint enterprises

Legal Foreign Investment Law & Promotion of Foreign Capital Law provides for joint venture investment with foreign partners. Fisheries Law prohibits the catching of fish by fishing vessels from third countries and the employment of foreigners on Turkish registered fishing vessels.

Legal 6-12 mile derogation may be requested to protect the inshore small-scale fishery from free access.

EU MARA

MARA-inputs into BSFC EU–twinning TA and training (fisheries IB

Years 2-4

Annexes

37







Phase (Year)

Institutional Negotiations ongoing to establish the Black Sea Fisheries Commission (BSFC) – mandate to manage shared stocks outside of 12-mile territorial limit.

Institutional Institutional support and capacity building for BSFC Secretariat to manage resources that may be subject to exploitation by joint enterprises.

EU MARA

and resource management)

2792/1999 (Article 11&12)

Consideration given to special needs of small-scale fishery and application of socio-economic measures within the sector

Legal Fisheries Circular (2002-04 No. 35/1) provides for the management and special needs of the small-scale fishery, applicable to all vessels below 12m in length (classification of vessels defined in Fisheries Regulation). Fisheries Law (Article 2) provides a definition of fisherman (and greater detail is provided in Article 2 of regulation on fish marketing)

Legal 6-12 mile derogation may be requested to protect the inshore small-scale fishery from free access. Definition of “fisherman” to be re-written in the Fisheries Law to clarify issue relating to licensing of, and provision of support to, part-time fishermen.

EU MARA

Institutional No specific section/unit exists within MARA for management of small-scale fisheries (approx. 17,000 vessels in Turkey of which 15,000 operate in small-scale fishery).

Institutional Establishment, capacity building and institutional strengthening of a liaison unit/section dealing with small-scale fisheries.

EU MARA

MARA-new or amended law EU–twinning TA(fisheries IB) EU – equipment (computers) MARA – office & resources for new unit/section

Year 1 Years 2-4 Year 2-3 Year 2-4

1263/1999 (Article 2) 1260/1999 (Articles 3-5)

Prioritisation of structural funding and identification of zones/regions that are dependent on fishing

Legal No mechanism in Turkish law to prioritise allocation of financial support to the fisheries sector by region.

Legal A provision is required in a national enabling act (or Cabinet decree) to enable zoning of the country based on economic and fisheries criteria.

MARA SPO

MARA-new or amended law EU-twinning

Year 1 Years 2-4

Annexes

38







Phase (Year)

Institutional MARA has a qualitative understanding of the areas dependent on fishing but this is not formalised and there is no formal zoning.

Institutional Strengthening of linkages between MARA, State Statistical Institute and State Planning Organisation. Incorporate outputs from sector planning process.

EU MARA SPO SSI (SIS)

TA(fisheries IB) EU-consultancy TA and training (structural funding)

Year 2

1260/1999 (Articles 9, 31, 32 & 35)

Definition of Managing Authority, Paying Authority & financial management procedures

Legal Provision in annual Budget Law

Legal No changes or additions required

MARA & Treasury

Institutional Funding from external project sources (such as the EU) are provided by via the Treasury to MARA, which in turn sends funds to provincial offices.

Institutional Existing system functioning well. Training required in management of project funding at related units of MARA (Research, Planning + Co-ordination Unit)

EU MARA

EU-twinning TA and training (fisheries IB, PCM & project funding)

Years 2-4

Annexes

39

EC Legislation

Number Key Obligations/Implications

(Structural Policy) Current Situation in Turkey

(Legal and Institutional) Key Tasks

(Legal & Institutional) Institutions Responsible


Phase (Year)

1260/1999

(Articles 10, 15, 16-19 & 26)

Definition of Co-ordinating Authority & Implementation of Programme Content

Provision in annual Budget Law No legal changes or additions required. MARA

Institutional State Planning Organisation is the basic co-ordination unit for the national budget and programme of investment. State funding managed by Ministry of Finance (Treasury responsible for external funding sources). There is an existing steering committee that co-ordinates development planning

Institutional Co-ordinating Authority to be linked to Paying Authority. Formalise co-financing arrangements between MoF and Treasury. Representative of MARA Fisheries DG required on Monitoring Committee (pursuant to article 35 of 1260/99). ToT for MARA provincial offices.

EU MARA SPO (PM Office) MoF Treasury

EU-twinning TA and training (fisheries IB, PCM & project funding)

Years 2-4

1260/1999

(Articles 47 & 51)

Establishment of the Committee on Structures for Fisheries and Aquaculture

No legal requirement for such a committee except Ministerial approval based on general provisions of Fisheries Act and the Act on the establishment of MARA.

No legal changes or additions required. MARA

Institutional Existing committee eg Fisheries Advisory Committee in place (comprised of approx. 30 members drawn from MARA, other public institutions, NGO, universities, private sector, fishermen’s organisations).

Institutional Training of Fisheries Advisory Committee and establishment of a specific sub-committee under the FAC.

EU MARA

EU-twinning TA and training (fisheries IB and legal support) EU-consultancy TA and training (sector plan)

Years 2-4

Year 2

Annexes

40

FISHERIES ACQUIS EU ALIGNMENT STRATEGY TABLE – FLEET REGISTRY EC Legislation Number

Key Obligations/Implications (Fleet Registry)





Phase (Year)

2090/9819 (As amended by 839/02)

Regulation concerning the Community fishing vessel register

Legal Equivalent Turkish legislation is found in the Fisheries Law No.1380, as amended by 3288. See also Circular of Fisheries Regulations for 2002-2004, specifically Articles 21/1+2, 21/11, 35/12 and 35/13 (inland fisheries20). This EC Regulation has been translated to Turkish and used as reference by MARA.

Legal Key definition of the data to be communicated and description of the record, plus coding system are not aligned with EC. However, the data is available (95%) in different data format and Turkish codes. There is a need for standardisation of data collection, parameters and reporting at Port level and further reporting to the MARA GD for Protection & Control.

UMA SIS MARA EU

Institutional UMA responsible for tonnage and seaworthy certificates, plus there is another registry if vessel >18 GRT. Harbour Master at each Port responsible for issuing the safety certificate. This data is then used by MARA to issue fishing licences. There are 3 licences: one for vessel, one for ‘real person’ and one for ‘justice person’. Additional reference data is collected by MARA.

Institutional MARA to be responsible for centralising the collection of all data in EC format, applying M&E, and communicating data to EC. Port based MARA offices need to ensure the data collected is applicable and updated on a regular basis. SIS should still be responsible for general publication of statistics and also applying M&E. UMA have started electronic registration and this needs to be completed.

UMA MARA SIS EU

EU–consultancy TA and training (to set up a FIS21, prepare operational manuals, ToT MARA/EU– resources for electronic database linking each port to HQ

Years 2-3 Years 2-3

84/9522 (implementing 2930/86)

Decision defining the characteristics of fishing vessels

Legal Fisheries Law 1380 and 3288 & Circular 2002-2004 provide only general guidance on this subject. This EC Decision has been translated into Turkish and used as reference by MARA.

Legal Measurement and classification of small vessels (< 24m) needs to be aligned, including the definition of terms.

UMA MARA


Year 1

Annexes

41







Phase (Year)

Institutional Measurements are carried out and reported by UMA and given to MARA for issuance of a fishing licence.

Institutional The new measuring system needs to be implemented for each vessel. Working Group to be established

UMA MARA Private sector

GoT/Industry-Working Group

Year 1

2847/9323

Establishing a control system applicable to the CFP

Legal This EC Regulation has been translated to Turkish and used as reference by MARA. There is no specific legislation relating to this Regulation. Based on 2847/93, where no logbook is available, then a sampling system must be in place. This is not in practice. Articles 21/1+2 (Circular) give details that GPS and radar must be installed for trawl vessels >12m. Article 21/11 refers to installation of sonar equipment.

Legal IMO Conventions are applied. This needs to be updated to comply with new EC Regulations and Directives

MARA

Institutional UMA and MARA staff carries out sampling of vessels to check if registry and/or licence data is up to date at the Port. Inspectors from both MARA and the Coast Guard check markings/identification on the vessels. Verification of data is checked by SIS and MARA

Institutional The implementation of a log book system ids needed for all vessels >10m (later this can be in electronic form to also obviate the need for VMS24). Vessels flying the flag of, or registered in a third country, must have a logbook. The ‘paper’ registration is well established but MCS capacity needs to be strengthened. Implementation of this Regulation should be Port-based.

UMA SIS MARA Coast Guard

MARA-new or amended law EU–consultancy TA & training (FRIST, M&E & strengthening of MCS)

Year 1 Years 2-3

Annexes

42







Phase (Year)

2930/8625 (with amendments)

Defining characteristics for fishing vessels

Legal Fisheries Law 1380 and 3288 give general information + Circular 2002-2004. This EC Regulation has been translated to Turkish and used as reference by MARA.

Legal Specific legal and technical parameters need to be applied by the Turkish authorities.

UMA MARA SIS

Institutional Carried out by UMA and information reported to MARA.

Institutional Information is there but not in the format required by EU. Possibility for more inter-Ministerial contacts and exchange of information. See comments below for 1381/87.

UMA MARA EU

MARA-new or amended law EU–consultancy TA & training (FRIST, M&E) MARA/UMA – office and resources

Year 1 Years 2-3

1381/8726

Establishing detailed rules concerning the marking and documentation of fishing vessels

Legal Fisheries Law 1380 and 3288 give details + Circular 2002-2004. All vessels must have markings and documentation according to International Law. This EC Regulation has been translated to Turkish and used as reference by MARA.

Legal The markings and documentation are presently not as required by this Regulation. Amendments are required to Fisheries Law.

UMA MARA CGC


Year 1

Annexes

43







Phase (Year)

Institutional UMA and MARA are responsible for providing unique markings and assuring documentation is up-to-date. No fish-hold (storage) measurements are documented, made or recorded.

Institutional Without a centralised and accessible electronic system, it is difficult to relate actual vessel markings with the registry. A new coding system needs to be in place (95% of the data are available but needs changing e.g. name of Port in Turkey is a number whereas it should be letters). Alignment will mean markings size/colour, on-board documentation, storage capacity, calibration of seawater tanks, engine power (kW not HP), tonnage (GT not GRT)) and reporting of modifications has to be standardised.

UMA MARA EU

EU–consultancy TA & training (FRIST, M&E) MARA/UMA – office and resources

Years 2-3

Annexes

44

FISHERIES ACQUIS EU ALIGNMENT STRATEGY TABLE – MARKET POLICY EC Legislation Number

Key Obligations/Implications (Market Policy)





Phase (Year)

104/200027 (general)

A contribution to the sustainable management of fishery resources by supplying a regulatory framework for the market for fishery products in the interests of consumers and producers, consistent with the CMO, incorporating: Stability of prices; Balance between supply and demand; An adequate supplies to fish processors.

Legal There is no law or regulation with the specific objective of supplying a comprehensive regulatory framework for the market for fish.

Legal The absence of a comprehensive legislative structure governing the organisation of markets implies that Turkey should adopt a modified 104/2000, subject to alterations due to her status as an applicant country and where the implications of the Regulation are not yet within the capacity of the country’s fisheries institutions. Detailed rules enacted for implementation of the market policy will guide the implementation of legislation governing the organisation of markets in Turkey.

MARA

Institutional The absence of a formal structure for market governance leaves open the possibility of distortions and weakens options for the progressive development of an organised market.

Institutional There is need to establish much greater degree of local control of fish markets. A study to analyse the current institutional market setting and to prepare recommendations on how that might be adapted (consistent with EU practice and 104/2000) is required. The study should investigate, inter alia, the legal, administrative and operational status of co-operatives and other legal entities and informal entities operating in the ports and make recommendations for a road map towards creating and/or reinforcing the control of fish markets by producers. to hereinafter as the

MARA EU

MARA-new or amended law EU-consultancy TA & training (market study28) EU-twinning TA & training (POs - Producer Organisations)

Year 1 Year 2 Years 2-4

Annexes

45







Phase (Year)

104/2000 (Article 1)

Definitions of: A Common Organisation of Markets; Producer; Fishery products

Legal Currently very limited legal coverage in the Fisheries Law and Regulation.

Legal These definitions are required in the Fisheries Law. The definition of “Common Organisation of Markets” is “a price and trading system and common rules on competition.” The definition of “producer” “physical or legal person using means of production to produce fishery products with a view to first-stage marketing of them”. The definition of “fishery products” is “products caught at sea or inland waters and the products of aquaculture” with specifics adopted from the standard customs nomenclature.

MARA

Institutional See general comments above.

Institutional Pre-Phare project funding TA or assistance through the market governance TA to elucidate how these basic concepts might be applied to Turkey.

MARA EU

MARA-new or amended law EU-TAIEX funding or consultancy TA (market study)

Year 1+ (subject to pre-Phare project support) Year 1 or Year 2

104/2000 (Article 2.1) - Refer also to 2406/9629, 1536/9230 and 2136/8931

Permitting the creation of common marketing standards by the State.

Legal Paragraphs 23(b) and 26 of the Fisheries Law refer to “wholesale fish markets”. Annex 8, Tables A1&2 and B cover standards.

Legal Amendment of the Fisheries Regulation to include additional criteria conforming to 2406/96, 1536/92 and 2136/89 and to include obligation to comply with laid down standards. Expected to affect the grading of sardine, anchovy, horse mackerel, Japanese mackerel, mullet, and selected other species.

MARA


Year 1+ Year 3

Annexes

46







Phase (Year)

Institutional Currently inspection of product quality is undertaken by MARA staff (114 persons) and inspection is concerned primarily with food safety.

Institutional Training of inspectors to ensure understanding of EC grading principles and practice as set out in 2406/96. The consultancy, training of trainers, and training programme is referred to hereinafter as the market training TA, and is to be conducted under the auspices of the PO development programme.

MARA EU

EU-consultancy TA & training (market training & extension) EU-twinning TA & training (POs)

Years 2-4

104/2000 (Article 2.2)

Where marketing standards issued an obligation to conform to the standards.

Legal Not included in Turkish Regulation.

Legal Amendment of Fisheries Regulation to require industry compliance with marketing standards.

MARA

Institutional Inspectors trained in inspection on food hygiene issues, not freshness and size grading.

Institutional Extension of grading principles and practice to the industry and training of inspectors in enforcement of such marketing standards that may be adopted. Market training TA required.

MARA EU

MARA-new or amended law EU-consultancy TA & training (market training & extension)

Year 1+ Year 3

104/2000 (Article 3.1 and 3.4)

Inspection of the common marketing standards at all marketing stages and during transport (3.1). Implementation rules (3.4)

Legal Provision for inspection of fish in Turkish legislation (Fisheries Law Article 31 and Fisheries Regulation Article 33).

Legal Amendment of Article 31 of the Fisheries Law and relevant changes to the Fisheries Regulation required. This should include provision for inspection of fish at all marketing stages including transport of fish.

MARA


Year 1+

Annexes

47







Phase (Year)

Institutional Undertaken by market inspectors, employed primarily for food safety work.

Institutional Training of staff concerned with fish inspection, under the Market training TA to assure full appreciation of Community standards. Duties of the Inspectorate should be expanded to include checking for compliance with EC marketing standards where relevant.

MARA EU

EU-consultancy TA & training (market training & extension)

Year 3

104/2000 (Article 3.2)

Obligation to penalise infringements of marketing standards

Legal Provision for penalties in the legislation. (Fisheries Law Article 36(g)). Currently there is a proposal in Parliament to increase penalties.

Legal A structure of penalties for violations of marketing regulations should be developed and enacted.

MARA

Institutional Inspection confined to food safety issues

Institutional Inspection regime needs to be supported by a structure of penalties

MARA

MARA-new or amended law MARA-training of inspectors

Year 1+ Year 3

104/2000 (Article 3.3 and 3.4)

Obligation to notify Member States and Commission of names and addresses of inspection authorities

Legal No legal obligation to circulate information

Legal Amend Regulation to oblige Turkey to inform the Commission and other interested parties

MARA

Institutional MARA informs the Commission and other interested parties of names and addresses of inspection authorities for food safety

Institutional Continue to notify relevant authorities of names and addresses of inspection authorities

MARA

MARA-new or amended law MARA-data transfer to EC

Year 1+ On-going

Annexes

48







Phase (Year)

104/2000 (Article 4.1) – Refer also to Directive 79/112/EEC32 and 2065/200133

Fish may not be offered for sale to final consumer unless appropriate marking or labelling indicates the commercial designation of the species, the production method and the catch area. Definitions of production methods and catch areas are in 2065/2001. The information must be available at each stage of marketing, achieved by labelling, packaging or another commercial document.

Legal Fisheries Regulation Article 32 obliges sellers to provide a commercial designation

Legal Amendment to Fisheries Regulation Article 32 required in order to include the production method and catch area in labelling practices. Obtain definitions of production methods and catch areas from 2065/2001 and include traceability obligation in Fisheries Regulation

MARA

Institutional Commercial designation on labels appears to be observed quite widely in Turkey

Institutional Extension of commercial designations to meet EU requirements would be feasible

MARA

MARA-new or amended law MARA-implement new/ amended law

Year 1+ Year 1+

104/2000 (Article 4.2)

Publication of a list of commercial designations including the scientific name, the name in the national language and other names accepted or permitted locally or regionally

Legal List of species with names in Turkish and Latin included in the Fisheries Circular

Legal Some additional species required to be added to Regulation

MARA

Institutional See box immediately above


MARA

MARA-new or amended law MARA-implement new/ amended law

Year 1+ Year 1+

104/2000 (Article 5) - Refer also to 2318/200134

Producer Organisations – Definition, Objectives, Rules & Obligations

Legal The concept of the PO does not exist in Turkish law (and some co-operatives are incorrectly referred to as PO’s)

Legal Adoption of the principles expressed in Article 5 of 104/2000 Detailed implementation to be informed by system described in 2318/2001.

MARA EU


Year 1+

Annexes

49







Phase (Year)

Institutional See box immediately above.

Institutional PO twinning programme (24 man months) to include supervision of market related consultancy TA and linkage to co-management issues.

MARA EU

EU-twinning TA & training (POs)

Years 2-4


Obligations of the State with respect to producer organisations: maximum 3 month decision period for recognition by States checks on compliance with criteria as laid down notification of the Commission cross-border membership permitted associations of POs permitted

Legal The concept of the PO does not exist in Turkish law.

Legal Adoption of the principles expressed in Article 6, 104/2000.

MARA

Institutional Many mutual organisations already exist Turkey, and some may correspond, partially, to the PO concept

Institutional Detailed implementation to be informed by system described in 2318/2001

MARA EU

MARA-new or amended law EU-twinning TA & training (POs)

Year 1+ Years 2-4

104/2000 (Articles 7 and 8) - Refer also to 1812/2000 and 1886/200035

Permitting the extension of PO rules to non-members when the PO is representative of production and marketing.

Legal As there is no concept of a PO in Turkish law, the idea of extension of their rules cannot currently apply

Legal Adoption of the principles expressed in Articles 7 and 8 104/2000. The role of the Commission in checking conformity with EC Competition Law in the case of approved PO rules extensions to non-members is important. Turkey should include an appropriate “appeal” process in the transposition of this section.

MARA

Institutional Not currently applicable in Turkey.

Institutional Implementation to be informed by 1812/2000 and 1886/2000.

MARA EU


Year 1+ Years 2-4

Annexes

50







Phase (Year)


Permits special recognition by the State to POs for products covered by 2406/96 and aquaculture products for quality improvement plans.

Legal Other PO comments apply.

Legal Adoption of the principle expressed in Article 12, 104/2000. Linkage to Regulation 2792/199937

MARA/EU

Institutional Other PO comments apply.

Institutional Implementation should be informed by 1924/2000.

MARA/EU


Year 1+ Years 2-4

104/2000 (Articles 9, 10, 11) - Refer also to 2508/200038

Legal Other PO comments apply.

Legal Adoption of the principles expressed in Article 9, 10, and 11 104/2000. Revision of financial implications for Turkish purposes. Details specified in 2508/2000.

MARA MoF

Obliges POs to draw up operational programmes: adjustment of supply to demand, taking quota allocations into account; no obligation to prepare a plan in the 1st year after recognition; approval by State of operational programme; reduction of intervention support if operational programme not produced Permission to the State to support POs in the preparation of operational programmes and specification of amounts payable Permission to the State to grant additional aid for improvements in the functioning of the market

Institutional Other PO comments apply.

Institutional Implementation guided by 2508/2000.

MARA EU

MARA-new or amended law MARA & MoF-budgetary support to POs to be formalised (see also EU-market finance TA below) EU-twinning TA & training (POs)

Year 1+ Year 1+ Years 2-4

Annexes

51







Phase (Year)

104/2000 (Articles 13-16) - Refer also to 1813/200139

Permits recognition of interbranch organisations - 2 or more of: knowledge improvement; co-ordination and improvement of the market, research; certification; stricter rules; and, exploiting the potential of products.

Legal The concept of the interbranch organisation does not exist in Turkish law.

Legal Adoption of the principles expressed in Article 13-16, 104/2000.

MARA


Institutional Implementation guided by 1813/2001. The concept of the interbranch organisation is new to the CFP. Whilst legal provision should be included in the legislative alignment, there is no legal requirement for the formation of interbranch organisations.

MARA EU


Year 1+ Years 2-4

104/2000 (Articles 17) - Refer also to 2509/200040

Permits POs to fix withdrawal prices for all fish. Requires POs to grant an indemnity for the main species. (Withdrawals may receive State support, subject to other conditions.) Permits POs to grant an indemnity for other products.

Legal No minimum price system in Turkey.

Legal Not applicable until the detailed study of financing possibilities prepared.

MARA EU

MARA-new or amended law (pending market finance TA)

Year 1+

Annexes

52







Phase (Year)


Institutional Study of procedures for the financing of withdrawals required before implementing this Article. This is to be conducted under the supervision of the twinning programme by a consultancy hereinafter referred to as market finance TA.

MARA EU

EU-twinning TA & training (Producer Organisations) EU-consultancy TA and training (market finance)

Years 2-4 Year 4

104/2000 (Article 18)

Guide price fixed for Annex 1 and Annex II products

Legal No system for determining guide prices exists in Turkey.

Legal Adoption of the principles expressed in Article 18 104/2000. Replace Article 3 assigning the responsibility for guide price determination to the Council with a Ministerial Decree.

MARA


Institutional Implementation should await completion of study into financing possibilities for interventions.

MARA EU

MARA-new or amended law (pending market finance TA) EU-twinning TA & training (Producer Organisations) EU-consultancy TA and training (market finance)

Year 1+ Years 2-4 Year 4

104/2000 (Articles 20)

Establishes the method for calculating Community withdrawal prices from the guide prices.

Legal No intervention price system for first hand fish sales in Turkey.

Legal Adoption of the principle expressed in Article 20 of 104/2000.

MARA

MARA-new or amended law (pending market finance

Year 1+

Annexes

53







Phase (Year)

Applies inter alia to Sardina pilchardus, Engraulis spp, & Scomber japonicus.


Institutional Implementation of Article (20) to await the outcome of study into the financing of interventions (market finance TA).

MARA EU

TA) EU-consultancy TA and training (market finance)

Year 4

104/2000 (Article 19) – Refer also to 80/200141

Obligation on the State to report to the Commission: detailed information on POs (annually); withdrawal price operated (annually); withdrawals (quarterly); market prices (quarterly)

Legal No system for systematic reporting of wholesale prices exists in Turkey.

Legal Adoption of the principle expressed in Article 19 104/2000. Reporting methodologies can be developed for implementation as soon as practicable, even if the reports are nil returns, as they might be in the case of withdrawals. Until accession the reports would be sent to and be analysed by MARA and not the EC.

MARA

Institutional See box immediately above. The detailed requirements for reporting on PO activity are explained in 80/2001.

Institutional The reporting structure is to be designed and established step by step so that pre-accession the system functions smoothly. First step is a price and quantity reporting system from fish markets conforming to this Regulation. External consultancy support required, under a market statistics TA.

MARA EU

MARA-new or amended law (pending market finance TA) MoF-budgetary information EU-twinning TA & training (Producer Organisations) EU-consultancy TA and training (market statistics)


Annexes

54







Phase (Year)

Establish Community intervention system: compensation for withdrawals carry over aid flat rate aid storage aid

Legal No system for State financial compensation for unsold fish exists in Turkey.

Legal Incorporation of the principles of intervention in accordance with the Articles but delayed implementation until the outcome of a study into the financing of interventions in Turkey.

MARA

104/2000 (Articles 21-25) - Refer also to 150/2001 2509/2000 2814/2000 939/2001 & 2813/200042

Institutional See immediately above

Institutional Implementation to be informed by listed subsidiary implementing regulations (finance TA).

MARA EU

MARA-new or amended law (pending market finance TA) EU-twinning TA & training (Producer Organisations) EU-consultancy TA and training (market finance)


104/2000 (Articles 26-27) - Refer also to 2183/200043

Establishes Community intervention system for tuna for processing.

Legal No system for State financial compensation for price support for tuna.

Legal Incorporation of the principles of intervention in accordance with the Articles but delayed implementation until the outcome of a study into the financing of interventions in Turkey (finance TA)

MARA

Institutional Compensation system for exports of canned tuna.

Institutional Implementation should be informed by 2183/2000.

MARA EU

MARA-new or amended law (pending market finance TA) EU-consultancy TA and training (market finance)

Year 1+ Year 4

Annexes

55







Phase (Year)

104/2000 (Articles 28-30) -Refer also to 2574/2001 and 2211/9444

Establishes the Community system for trade with third countries: To ensure the processing industry is adequately supplied To protect the sector in the event of serious market disturbance Relies on the reference price as an indicator of such disturbance Compliance with Community’s international undertakings, including WTO rules.

Legal The Under-secretariat of Foreign Trade, Prime Minister's Office, governs international trade in fishery products. Reporting requirement in 2211/94

Legal Adoption of the principle expressed in 28 to 30, subject to the deletion of references only relevant to Member States and their substitution by Turkey.

MARA and Under-secretariat of Foreign Trade



MARA EU

MARA-new or amended law EU-twinning TA & training (Producer Organisations)

Year 1+ Years 2-4

104/2000 (Articles 31-43)

General provisions concerning the costs to be met by Member States and some other obligations.

Legal Minor areas of inconsistency with Turkish Law.

Legal Unlikely to be necessary to include this in Turkish transposition.

MARA



MARA EU

MARA-new or amended law (as appropriate) EU-twinning TA & training (Producer Organisations)

Year 1+ Years 2-4

Annexes

56







Phase (Year)

2406/9645 as amended by 323/97, 2578/2000 and 2495/2001

Lays down detailed common marketing standards.

Legal There are no common marketing standards specified for Turkey

Legal Adoption of 2406/96 into the Fisheries Regulation as amended.

MARA


Institutional Implementation to be linked to the development of marketing standards. External support required under extension & training consultancy.

MARA EU

MARA-new or amended law (as appropriate) EU-twinning TA & training (Producer Organisations) EU-consultancy TA and training (E&T)


Annexes

57

FISHERIES ACQUIS EU ALIGNMENT STRATEGY TABLE – INFORMATION & STATISTICS EC Legislation Number

Key Obligations/Implications (Information and Statistics)





Phase (Year)

2807/8346 (Articles 1,1a,4+5) - As amended by 2737/9947 and 2945/9548

Establishing rules for recording information on catches and fishing effort (Includes mainly the implementation of fisheries logbooks).

Legal There are no legal requirements to record catch and effort data but there is a recognition that rules should be introduced

Legal Requirement for this obligation to be given explicitness, and to be formalised within main Turkish fisheries law and regulations (Article 13).

MARA EU

Institutional An experimental logbook has been devised, and this is now being trialed in some fisheries. However, this logbook is seriously deficient and it will not meet EC (or even local) requirements.

Institutional MARA will need to work, with EC help, on formalising methods for the implementation of a logbook system.

MARA

EU–consultancy TA and training (to set up a FIS and training of fishers in log-book use) MARA–Regional port offices required to distribute and collect logbook forms.

Years 2-3 Year 2

2807/83 (Article 2) As amended by 2737/99)

Recording of data on fisheries landings

Legal No legal requirement to record landings. Since nearly all fish catches are retained, presently “landings” and “catches” are synonymous.

Legal Addition to fisheries regulations required.

MARA

Institutional Presently no provision.

Institutional Adjustment to EC requirements difficult to implement, as there are over 200 landing places currently utilised-most contain no officials for receiving forms. Designation of specific ports as “landing places” will be unpopular, and an envelope based posting system unlikely to be adhered to. Check existing practices used in EC.

MARA EU

MARA-new or amended law EU-twinning TA & training (fisheries administration)

Year 1 Years 2-4

2807/83 (Articles

Recording of trans-shipped fish data (within a 15 day time limit)

Legal No legal requirement for this.


MARA


Year 1

Annexes

58







Phase (Year)

3+3a) - As amended by 2945/95)


Institutional To be investigated by MARA. In practice this provision is unlikely to be needed because Turkish fishing vessels do not go to sea for periods of >15 days, thus fish transactions are recorded more frequently.

MARA

See above

1382/9149 (All Articles) -As amended by 2104/9350

Submission of data on fishery landings to the EC


Legal Obligation to collect landing data to be added to existing legislation (amendment to existing main regulation or bi-annual Circular for Fishery Regulations). This then provides obligation to transmit data to the EC.

MARA SIS EU

Institutional No records of landings are kept. Fishery products are simply sold on to wholesalers, middlemen or miscellaneous retail outlets.

Institutional MARA to instigate landing’s data requirements. Required structures for doing this to be established based on an examination of procedures followed elsewhere in the EC. SIS to aggregate data (time and spatial aspects) and submit to the EC.

MARA (collect and aggregate) SIS

EU-consultancy TA and training (to set up a FIS and cover procedures relating to collection and submission of landings data)

Years 2-3

2847/9351 (Article 6) - As amended by 2846/9852

Establishing a control system for fisheries (Article 6 – Refining the information required for fisheries log books)

Legal As per EC Legislation 2807/83 (Articles 1, 1a, 4 and 5) – see above

Legal As per EC Legislation 2807/83 (Articles 1, 1a, 4 and 5) – see above.

MARA

Institutional As per EC Legislation 2807/83 (Articles 1, 1a, 4 and 5) – see above.

Institutional As per EC Legislation 2807/83 (Articles 1, 1a, 4 and 5) – see above.

MARA SIS

See requirements for 2807/83 above

Years 1-2

Annexes

59







Phase (Year)

2847/93 (Articles 8+14)

Refining rules for monitoring and recording of fish landings

Legal As per EC Legislation 2807/83 (Article 2) – see above.

Legal As per EC Legislation 2807/83 (Article 2) – see above.

MARA

Institutional As per EC Legislation 2807/83 (Article 2) – see above.

Institutional As per EC Legislation 2807/83 (Article 2) – see above.

MARA

See above

Years 1-2

Annexes

60







Phase (Year)

2847/93 (Articles 9+14) -As amended by 2846/98

Rules for monitoring and recording of first sales of fish


Legal Addition to fisheries regulations required, to be included in the present “Regulation laying down detailed rules for Wholesale and Retail Market Establishments for Fishery Products” (2002).

MARA EU

Institutional Presently no official provision, though the MARA office in Istanbul indicated that sales data are collected by SIS twice weekly.

Institutional Establish official and uniform procedures for this, and to work out the responsible Turkish authority. Check procedures being followed elsewhere in EC.

MARA-new or amended law EU-Part of FIS procedures (see above) EU-consultancy TA and training (use and submission of sales notes).

Year 1 Years 2-3 Year 2

2847/93 (Article 10)

Rules for logging catches made by third country vessels



MARA


Institutional Bilateral fishing agreements need to be formalised with neighbouring countries. Check procedures followed in EC.

MARA

MARA-new or amended law See requirements for 2807/83 above

Years 1-2

2847/93 (Articles 11+12) -As amended by 2846/98

Rules covering the recording of fish trans-shipments to other vessels or countries (within 15 days of catch)

Legal As per EC Legislation 2807/83 (Articles 3 and 3a) – see above.

Legal As per EC Legislation 2807/83 (Articles 3 and 3a) – see above.

MARA

Institutional As per EC Legislation 2807/83 (Articles 3 and 3a) – see above.

Institutional As per EC Legislation 2807/83 (Articles 3 and 3a) – see above.

MARA

See above

Years 1-2

Annexes

61







Phase (Year)

2847/93 (Article 13)- As amended by 2846/98

Rules for monitoring and recording of fish transported to non-port locations



MARA


Institutional Establish rules and procedures, and design transportation document. Documentation to be made available to all relevant transporters through MARA offices. Check procedures followed in EC.

MARA

See above

Years 1-2

2847/93 (Article 15)

Notifying the Commission of landings of quota stocks plus other selected species



MARA


Institutional No stock assessment is currently carried out so no quotas (including TACs) can be reliably established. Various options for instigating stock assessment programmes need to be thoroughly examined. Once a quota system is established (urgently needed for most stocks), then the EC can be notified.

MARA EU

MARA-new or amended law EU- consultancy TA and training (to set up a FIS and to instigate a stock assessment and quota management programme)

Year 1 Years 2-3

2847/93 (Articles 16-18) -As amended by 2846/98

Notifying other member states and the Commission of catches made in other country fishing areas, third country waters or on the high seas



MARA


Year 1

Annexes

62







Phase (Year)


Institutional Establish rules and procedures for this once a FIS has been established for the collection, aggregation, analysis and dissemination of data and information. This should be done in collaboration with the EC.

MARA EU

See above Years 2-3

2847/93 (Article 19)-As amended by 2846/98

Setting up databases to record fisheries catch and effort data



MARA


Institutional Establish rules and procedures for this once a FIS has been established for the collection, aggregation, analysis and dissemination of data and information. This should be done in collaboration with the EC.

MARA SIS EU

MARA-new or amended law See above

Year 1 Years 2-3

2847/93 (Article 20)

Recording of fishing net type and size (to match catches to nets)

Legal Some regulations exist that stipulate minimum mesh sizes in certain fisheries and that some gears should be restricted to specified areas.

Legal Regulations need to be made more specific.

MARA

Institutional MARA has started work on this, but it is by no means universally applied.

Institutional When logbooks are introduced to Turkish fisheries then this regulation will be readily adopted.

MARA

MARA-new or amended law See requirements for 2807/83 above

Years 1-2

Annexes

63







Phase (Year)

2847/93 (Article 27)

Setting up a database to record overall fisheries monitoring and verification activities

Legal There are no specific laws requiring data collection, although article 21/15 of the Circular for fishery regulations (2002/2004) states that “fishery data must be recorded according to methods given by the Ministry”.

Legal Addition to fisheries law required.

MARA

Institutional SIS is presently responsible for collecting and publishing fishery statistics. This is currently collected by returns from all vessels >12m (or crews >5), but only a 10% sample is taken of <12m vessels. From next year MARA will collect statistics and information on catches, but SIS will continue to disseminate it.

Institutional Need to establish rules and procedures for this. This will only be reliably possible once a Fisheries Information System has been established for the collection, aggregation, analysis and dissemination of data and information. This should be done in collaboration with the EC.

MARA EU

MARA-new or amended law EU–consultancy TA and training (to set up a FIS)

Year 1 Years 2-3

Annexes

64







Phase (Year)

788/9653 (All Articles)

Submission of statistics on aquaculture production to the EC

Legal A Ministerial Decree requires the collection of a range of aquaculture (marine and freshwater) data. There is no legal requirement to submit data elsewhere.

Legal Addition to fisheries regulations required enabling data to be submitted to the EC.

MARA

Institutional MARA sends forms to all known (registered) fish farmers four times a year. Farmers return forms to local MARA offices, forwarded to GD for Production and Development. Production data is checked with registered farm production capacities and then digital summaries produced. Annual data is sent to SIS for publication in the Fisheries Statistics booklet.

Institutional After verification that data meets EC requirements, statistics can be submitted to the EC.

MARA SIS

MARA-new or amended law MARA-data submission procedures to be incorporated into proposed FIS

Year 1 Years 2-3


Establishing a framework for the collection and management of fisheries data

Legal There are no specific laws requiring data collection. However Article 21/15 of Circular for fishery regulations (2002/2004) states that “fishery data must be recorded according to methods given by the Ministry”.

Legal Requirement for this obligation to be more explicit and to be formalised within main Turkish fisheries regulations (Article 13).

MARA


Year 1

Annexes

65







Phase (Year)

Institutional MARA shares responsibility for data collection with SIS. Data is collected to comply with FAO requirements, but otherwise it is collected to assist policy making, for particular projects and in order to compile the SIS annual Fisheries Statistics booklet.

Institutional Need to establish rules and procedures for this. This will only be reliably possible once a Fisheries Information System has been established for the collection, aggregation, analysis and dissemination of data and information. This should be done in collaboration with the EC.

MARA SIS EU

EU–consultancy TA and training (to set up a FIS)

Years 2-3


Establishing programmes and detailed rules for the collection of fisheries data

Legal Same as EC Regulation 1543/2000 above.

Legal Same as EC Regulation 1543/2000 above.

MARA

Institutional Same as EC Regulation 1543/2000 above.

Institutional Same as EC Regulation 1543/2000 above.

MARA/SIS EU

See above See above

Years 1 Year 2-3

2000/439/EC56 (All articles)

Providing financial contributions towards costs of establishing data collection systems (including pilot studies) to further the CFP57

Legal NA

Legal NA

MARA

Institutional There is no specific funding available for the implementation of new data collection systems.

Institutional Since the application for funding from this particular Council Decision expired on 31 May 2001, it is assumed that future funding will be available to help with the Turkish alignment strategy.

MARA

No action envisaged at present, but there may be a need to refer to sector planning inputs under Structural Policy

Year 2

fisheries acquis project-turkeyturkey – nation-wide. 2. objectives 2.1. overall objective enhance...

Documents