Unlimited source of revenues

Specifically, Martin Schilder studied the effects of the transferability of fishing rights in the Netherlands and Europe, the unique position of the fisheries sector in European competition law and the influence of dominant parties on national and European fisheries policies. His study reveals that the one who owns most fishing rights has managed to create an unlimited source of revenues for himself. The exceptional position of the fisheries sector in European competition law is no longer defensible today, unless rigorous measures are taken regarding the rules of competition in fishing regulations and governmental policies/guidelines to be followed.

Fisheries sector determines both national and EU fisheries policies

Schilder concludes that several large fishing companies – which managed to gain a position of power through financial EU support – have increased the influence they wield over the operational plans of the trade associations and the involved NGO’s aims. As a result, the large fishing companies – together with these trade associations and sector organisations – now determine national as well as EU fisheries policies. This policy influence of the abovementioned parties is so large that it has led to a loss of expertise among government departments, the so-called capture of the regulator. This implies that the sector itself advises on subjects relevant to it, but also that the government can no longer properly assess the content of such advice. This is a highly undesirable situation, according to Schilder.

Benefits and drawbacks of position of power

As argued by Schilder, not all is negative in this context. For one thing, the Netherlands has one of the best managed fisheries industries in Europe. The various Dutch players have actively expanded their economic dominance in other parts of the world, and they own state-of-the-art vessels and processing plants, which are innovative, sustainable, effective, efficient and profitable. The Dutch should be proud of this feat and they should try to sustain it. The problem is, however, that there are no longer any checks and balances. The Dutch government as national regulator and the European Commission as being in charge of implementing the EU’s Common Fisheries Policy were manoeuvred into a position of dependence by the dominant market parties, the trade associations and the involved NGO. At the same time, a major overhaul of the system in place will take much time and effort and require much political will and energy.  

Research question

The aim of Schilder’s research was to demonstrate the (in)defensibility of the system in place and to determine whether a new system needs to be designed – one whereby fishing rights are put into the hands of the government, rather than being owned by the fishing industry.

Recommendations

Schilder’s recommendations basically pertain to the introduction of a more legitimate government policy in the fisheries sector. The government should put in more effort to ensure a level playing field or to create one for the remaining independent fishermen in the demersal fish sector, the crustacean and shellfish sector, and the inland fishing sector. Because Schilder amply demonstrates the indefensibility of the current system, his study underscores the urgency of starting up a debate, in both politics and society at large, on the design of a new fishing rights system.

PhD Defence Martin Schilder

Mattheus-Cornelis-Jacobus (Martin) Schilder (1965, Volendam) wrote his dissertation as an external PhD candidate in the Faculty of Law of the Open Universiteit. As researcher/legal expert he is also a government employee. His specialties include legal personality law and European public administration law. His PhD defence is scheduled to take place on Wednesday 3 February at 9:30 am. The title of his dissertation is 'Fishing rights and their transferability in the Netherlands and Europe' ('Visrechten en verhandelbaarheid in Nederland en Europa'). The dissertation is to be published as a book by Boom Uitgevers, in Dutch. The PhD project was supervised by Prof. J. Rinkes, Open Universiteit, and Prof. J.W. Sap, Open Universiteit. The PhD defence can be viewed live online via www.ou.nl/live.