歐盟共同漁業政策，原本屬於共同農業政策的一部分，但魚群不受人為疆界限制的特性，使漁業資源管理不易。歐盟自1970年代開始制定一系列有關漁業的法律規範，包括有關總可捕量與配額限制、調整歐盟捕魚船隊過度的漁撈能力、建立漁產品的共同市場組織等等。此外，具有龐大漁業利益的國家如葡萄牙與西班牙加入歐盟，1976年聯合國海洋法公約會議和專屬經濟區制度的發展，以及國際社會對漁業資源被過度利用的關注等等，均對於共同漁業政策產生重大的影響。
長久以來，漁業政策一直屬於歐盟的專屬權限，會員國只有在歐盟尚未立法，或授予會員國部分的權限之條件下擁有權限。然而，里斯本條約之後，肯認除了海洋生物資源之養護以外的漁業相關事務，都屬於歐盟與會員國的共享權限。在對外的漁業關係上，當條約的領域屬於歐盟專屬權限的範圍，歐盟可獨自與第三國簽署國際條約，而當該領域屬於歐盟與會員國共享的締約權限時，則以混合協定的方式締結，如海洋法公約。
歐盟與會員國在漁業領域的權限劃分並不清楚，雖然有歐盟條約的明文規定，但並未針對漁業領域之事項進行劃分，只能透過歐洲法院的解釋以及歐盟締結漁業國際協定的聲明中進一步了解，然而，聲明與歐盟實際的作為仍有出入，因此在漁業領域中，哪些權限屬於歐盟專屬的，哪些權限屬於歐盟與會員國共享的，目前仍沒有辦法歸納出一適用所有漁業國際條約的方式。

SUMMARY
EU’s common fisheries policy（CFP）provided a fisheries management framework in “Community waters.” This study reviews elements of the external dimension such as: Fisheries Partnership Agreements（FPAs）, the EU’s engagement with regional fisheries management organizations（RFMOs）and engagement with international fisheries governance bodies such as UN and FAO. In addition to the external dimensions, the internal aspects of the CFP also have an impact on global fisheries governance, which includes conservation policy, structural policy, and market policy. EU concluded a great deal of international fisheries agreements with third States and became a member of most of the principal RFMOs. The rules of fisheries management interweaved in both internal and external dimensions were based on the EU and the Member States’ competence. When the EU has exclusive competence, the Union can establish international relations with third States excluded Member States. While the EU has shared competence, the Union should exercise the competence with Member States, in this situation, EU and Member States should conclude international agreements jointly, which is referred to “mixed agreements.” This study is aim to discuss the EU’s competence in relation to fishery whether it is exclusive or non-exclusive. As a result, EU has exclusive competence in conservation of the marine biological resources under the CFP. Thus EU acceded to United Nations Convention on the Law of the Sea（UNCLOS） with its Member States collectively in which the Convention includes matters that fall outside the EU’s exclusive treaty-making competence.
INTRODUCTION
The common fisheries policy of the European Union was integrated into the common agriculture policy originally. Nonetheless, it is often the case that a fish stock does not confine by the man-made limitation. According to the characteristics of the resources of fishery, the fish stocks are hard to be managed. Since 1970s, the Community started to adopt a series of legislative rules concerning of fishery, including conservation policy such as limitation of Total Allowable Catches, quotas and fishing effort; structural policy adjusts the over-capacity of European fishing fleets and defines what subsidies the fishing fleets can benefit from; control policy which controls three groups in relation to fishery—individual fishing vessel operators and masters, fish buyers and Member States, and establishing a common organization of the market in fishery products. There are some significant factors that influenced the common fisheries policy, such as Spain and Portugal which held a great deal of fishing interest acceded to European Union, the impact of the Third United Nations Conference on the Law of the Sea (UNCLOS III) and introduction to the Exclusive Economic Zones（EEZ）, and international society paying attention to the over-exploitation of the resources of fishery.
MATERIALS AND METHODS
Use literature survey or document analysis in order to review and discuss the EU competence in the area of fishery.
RESULTS AND DISCUSSION
Fisheries policy has become the exclusive competence of European Union for a long time ago, thus the Member States conserve competence only so far as the Union does not legislate, or when it delegates part of its competence expressly to Member States. However, the Treaty of Lisbon provided that the European Union and the Member States had shared competence as regards fisheries, excluding the conservation of marine biological resources. As for international fisheries relations, when the treaty covers the fields falling within the scope of the exclusive competence of the Union, EU could unilaterally conclude international agreements with third States; while the Union and the Member States conclude the “mixed agreement” regarding to the shared competences, for example, the United Nations Convention on the Law of Sea.
Prior to the Lisbon Treaty, it was difficult to decide on the limits of the competence. There could be real disagreement as to whether the competence in a particular area was exclusive or shared. These difficulties were compounded by the fact that the real scope of EU competence would have to take account of the case law interpreting the relevant Treaty provisions, and the declarations of fisheries agreements concluded by the EU. According to the declarations on competence made by the EU on becoming a party to the United Nations Fish Stocks Agreement and the Law of the Sea, the EU has exclusive treaty-making competence regarding the conservation and management of sea fishing resources. Matters for which the Community shares competence with its Member States are those that are not directly related to the conservation and management of sea fishing resources, for example research and technological development and development cooperation. However, in practice, EU has exclusively concluded fisheries agreements with third States which are not fall within the scope of “conservation.”
CONCLUSION
The delimitation of competences between the European Union and the Member States within the area of fishery is still not clear. Although there have explicit provisions about exclusive competence and shared competence which are regulated in the European Treaty, we could only learn through the judgements of Courts and the declarations of the international fisheries agreements concluded by European Union without having clear delimitation in fisheries matters. However, there are gaps between the declarations and the genuine acts of European Union. Nevertheless, the Court’s judgements in relation to EU’s exclusive external competence are self-contradictory. In so far, we still couldn’t generalize a conclusion applicable to all international fisheries agreements about which competence exclusively belongs to Union and which competence that the Union shall share with the Member States.

一、 中文部分
書籍
1.曾令良，1994年，歐洲聯盟與現代國際法，台北：志一。
2.張亞中，1998年，歐洲統合：政府間主義與超國家主義的互動，台北：揚智文化。
3.洪德欽，2007年，歐盟憲法，台北：中央研究院歐美研究所。
4.王泰銓，2008年，歐洲聯盟法總論，台北：財團法人台灣智庫。
期刊文章
1.王玉葉，2000年，「歐洲聯盟之輔助原則」，歐美研究，第30卷第2期，頁9-10。
2.許琇媛，2005年，「歐盟憲法條約探討歐盟與會員國間之權限劃分」，歐洲國際評論，第1期，頁65-102。
3.鄒忠科，2012年，「歐盟共同漁業政策研究：兼論其對台灣漁業政策之啟示」，歐洲國際評論，第8期，頁1-37。
論文
林語崇，2008年，「歐洲聯盟共同漁業政策之發展與變革」，南華大學歐洲研究所碩士論文。
二、 英文部分
Books
1.Bogdandy, Armin Von and Jürgen Bast. 2009. “The Federal Order of Competences, ” Principles of European Constitutional Law. Oxford: Hart Publishing.
2.Churchill, Robin. 1987. EEC Fisheries Law. Dordrecht: Martinus Nijhoff.
3.Churchill, Robin and Daniel Owen. 2010. “Fisheries management in Community waters, ” in The EC Common Fisheries Policy. New York: Oxford University Press.
4.Corrias, Luigi. 2011. “Competences and Authority in the European Legal Order” in The Passivity of Law: Competence and Constitution in the European Court of justice. Springer: Heidelberg.
5.Craig, Paul and Gráinne de Búrca. 2011. “Competence, ” in EU Law: Texts, Cases and Materials. New York: Oxford University Press.
6.Heliskoski, Joni. 2001. “Recognition and Implications of the Mixed Procedure in the Case Law of the European Court of Justice, ” in Mixed Agreements As a Technique for Organizing the International Relations of the European Community and its Member States. Dordrecht: Martinus Nijhoff.
7.Long, Ronán J. and Peter A. Curran. 2000. “The Context: Overview of the Common Fisheries Policy, ” in Enforcing the Common Fisheries Policy. Oxford: Fishing News Books.
8.Leigh, Michael. 1983. “External Relations, ” European Integration and the Common Fisheries Policy. London: Croom Helm.
9.Lequesne, Christian. 2004. “The European Union as an international actor, ” in The Politics of Fisheries in the European Union. Manchester: Manchester University Press.
Journal Articles
1.Churchill, Robin and Joanne Scott. 2004. “The MOX Plant Litigation: The First Half Life, ” International and Comparative Law Quarterly 53(3): 643-676.
2.Cremona, Marise. 2006. “External Relations of the EU and the Member States: Competence, Mixed Agreements, International Responsibility, and Effects of International Law, ” EUI Working Paper Law No. 2006/02.
3.Dashwood, Alan. 2004. “The Relationship between the Member States and the European Union/ European Community, ” Common Market Review 41: 355-381.
4.Orellana, Marcos A. 2002. “The Swordfish Dispute between the EU and Chile at the ITLOS and the WTO, ” Nordic Journal of International Law 71: 55-81.
三、 EU Documents
Resolutions
Council Resolution of 3 November 1976 on certain external aspects of the creation of the 200 mile fishing zone in the Community with effect from 1 January 1977 [1981] OJ C105/1.
Communications
1.Commission Communication to the Council. Future external fisheries policy and internal fisheries system, COM(76) 500, 21. 9. 1976.
2.Communication from the Commission to the Council on the signature of the Agreement for the implementation of the provisions of the United Nations Convention on the law of the sea of 10th December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, COM(95) 591, 22. 11. 1995.
3.Communication from the Commission on an integrated framework for fisheries partnership agreements with third counties, COM(2002) 637, 23. 12. 2002.
4.Communication from the Commission on the reform of the Common Fisheries Policy, COM(2002) 181, 28. 5. 2002.
5.Communication from the Commission to the Council and the European Parliament: A policy to reduce by-catches and eliminate discards in European fisheries, COM(2007) 136, 28. 3. 2007.
6.Communication from the Commission to the Council and the European Parliament on improving fishing capacity and effort indicators under the common fisheries policy, COM(2007) 39, 5. 2. 2007
7.Communication from the Commission: Fishing Opportunities for 2009. Policy Statement from the European Commission, COM(2008) 331, 31. 5. 2008.
8.Communication from the Commission to the European Parliament and the Council on the proposal for a Council Regulation establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, COM(2008) 718, 14. 11. 2008.
9.Communication from the Commission concerning a consultation on fishing opportunities, COM(2011) 298 final, 25. 5. 2011.
10.Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Reform of the Common Fisheries Policy, COM(2011) 417 final, 13. 7. 2011.
Reports
1.Report on the Situation in the Fisheries Sector of EEC Member States and the Basic Principles for a Common Policy, COM(66) 250 final, 22. 6. 1966.
2.Report 1991 from the Commission to the Council and the European Parliament on the Common Fisheries Policy, SEC(91) 2288, 18. 12. 1991.
3.Green Paper on the Future of the Common Fisheries Policy, COM(2001) 135, 20. 3. 2001.
4.Green Paper Reform of the Common Fisheries Policy, COM(2009) 163 final, 22. 4. 2009.
Proposals
1.Proposal for a Council Regulation concerning the conservation of fisheries resources through technical measures, COM(2008) 324, 4. 6. 2008.
2.Proposal for a Council Regulation amending Regulation (EC) No 423/2004 as regards the recovery of cod stocks and amending Regulation (EEC), COM(2008) 162, 8. 10. 2008.
Press Releases
1.Commission Press Release, Common Fisheries Policy: Commission Launches a mid-term review, 17 September 2008, available at http://europa.eu/rapid/press-release_IP-08-1339_en.htm?locale=en
2.Commission press release, Commission acts to protect precious habitat on the Dutch North Sea coast, 12 June 2008, available at http://www.hri.org/news/europe/midex/2008/08-06-12.midex.html#07
四、 Websites and Other Documents
Websites
1.Commission for the Conservation of Antarctic Marine Living Resources, About CCAMLR, available at https://www.ccamlr.org/en/organisation/members
2.Division of Competence within the European Union, available at http://europa.eu/legislation_summaries/institutional_affairs/treaties/lisbon_treaty/ai0020_en.htm
3.European Commission Fisheries, “Organization of the sector, ” available at http://ec.europa.eu/fisheries/cfp/market/producer_organisations/index_en.htm
4.General Fisheries Commission for the Mediterranean, About GFCM, available at http://www.gfcm.org/gfcm/about/en#Org-OrgsInvolved
5.ICCAT, Contracting Parties, available at http://www.iccat.int/en/contracting.htm
6.International Tribunal for the Law of the Sea, Case concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean, Chile v European Union, available at http://www.itlos.org/index.php?id=99
7.Northern Agreements, Fact Sheet, available at http://ec.europa.eu/fisheries/documentation/publications/cfp_factsheets/northern_agreements_en.pdf
8.Northwest Atlantic Fisheries Organization, About NAFO, available at http://www.nafo.int/
Oceana, Marine Strategy Framework Directive: Overview, available at http://oceana.org/en/eu/our-work/responsible-fishing/eu-policy/marine-strategy-framework-directive/overview
9.Regional Fisheries Management Organisations: Fact Sheet, available at http://ec.europa.eu/fisheries/documentation/publications/cfp_factsheets/rfmo_en.pdf
10.United Nations Division for Ocean Affairs and the Law of the Sea, available at http://www.un.org/Depts/los/index.htm
11.World Wide Fund of Nature (WWF), Marine and Fisheries, available at http://www.wwf.eu/what_we_do/natural_resources/fisheries/
Other Documents
Food and Agriculture Organization of the United Nations, FAO Technical Guidelines for Responsible Fisheries No 4. Fisheries Management (Rome: FAO, 1997).