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Report on the Implementation of the derogation to ... - Trade Websites

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Final <str<strong>on</strong>g>Report</str<strong>on</strong>g><br />

RoO Derogati<strong>on</strong> under <strong>the</strong> PACP-IEPA<br />

arrangements - normally company-<strong>to</strong>-government access agreements or through <strong>the</strong> simple<br />

purchase <strong>of</strong> licences.<br />

Aside from vessel flag and area <strong>of</strong> operati<strong>on</strong>, <strong>the</strong> EU DWF can also be differentiated according <strong>to</strong><br />

whe<strong>the</strong>r or a not a firm is vertically integrated in<strong>to</strong> processing. The leading player in <strong>the</strong> French fleet<br />

is a specialised fishing firm (CFTO), while <strong>the</strong> largest player in <strong>the</strong> Spanish fleet was his<strong>to</strong>ricallly a<br />

specialised fishing firm but is now vertically integrated in<strong>to</strong> processing (Albacora).<br />

The Spanish fleet is all owned by family firms, albeit with a recent injecti<strong>on</strong> <strong>of</strong> private equity in<strong>to</strong><br />

Garavilla (see Secti<strong>on</strong> 6.5). The fleet can broadly be divided in<strong>to</strong>:<br />

• specialised fishing firms who are members <strong>of</strong> <strong>the</strong> ANABAC producer organisati<strong>on</strong>. The main<br />

players here are Inpesca, Atunsa, Echebastar and Pevasa (Table 6.7).<br />

• vertically-integrated fishing-processing firms who are members <strong>of</strong> <strong>the</strong> OPAGAC producer<br />

associati<strong>on</strong>. The main players here are Albacora, Calvo and Garavilla.<br />

The Spanish fleet has remained broadly stable al<strong>on</strong>g <strong>the</strong>se lines in recent years.<br />

The French fleet has underg<strong>on</strong>e very significant changes since <strong>the</strong> late 2000s. Three changes are<br />

highlighted here. The first is <strong>the</strong> merger <strong>of</strong> Cobrecaf (which had owned 10 purse seiners) with a<br />

c<strong>on</strong>sortium <strong>of</strong> Kühn-Ballery, France-Afrique and CMB (which had 7 boats). 281 A new operating firm<br />

was created in January 2011 called Compagnie Francaise du Th<strong>on</strong> Oceanique (CFTO). The firm sold 4<br />

<strong>of</strong> its boats, leaving it with a modern fleet <strong>of</strong> 13 purse seiners with an average c<strong>on</strong>structi<strong>on</strong> year <strong>of</strong><br />

1997. CFTO is now <strong>on</strong>e <strong>of</strong> <strong>the</strong> largest tuna purse seining opera<strong>to</strong>rs in <strong>the</strong> world and is notable for<br />

being a specialised fishing firm through its avoidance <strong>of</strong> vertical integrati<strong>on</strong> in<strong>to</strong> processing. The<br />

emergence <strong>of</strong> CFTO indicates both an interest in c<strong>on</strong>solidating operati<strong>on</strong>s through more modern<br />

boats (<strong>the</strong> pre-merger average year <strong>of</strong> c<strong>on</strong>structi<strong>on</strong> was 1993) and a positive outlook for c<strong>on</strong>tinued<br />

pr<strong>of</strong>itability in <strong>the</strong> EU DWF.<br />

The sec<strong>on</strong>d change in vessels c<strong>on</strong>trolled by France-based interests is <strong>to</strong> do with MW Brands.<br />

Between 1994 and 2006 Cobrecaf was effectively c<strong>on</strong>trolled by Heinz European Seafood. 283 When<br />

Heinz sold its European Seafood Business <strong>to</strong> an investment fund managed by Lehman Bro<strong>the</strong>rs in<br />

2006, <strong>the</strong> new management company – MW Brands – held <strong>on</strong><strong>to</strong> Cobrecaf for ano<strong>the</strong>r two years. It<br />

eventually sold its share <strong>of</strong> Cobrecaf when it no l<strong>on</strong>ger had effective c<strong>on</strong>trol and could not drive<br />

price <strong>on</strong> a ‘cost plus formula’. 284 MW Brands’ sale <strong>of</strong> its share in Cobrecaf <strong>to</strong> <strong>the</strong> (<strong>the</strong>n) Kühn-Ballery,<br />

France-Afrique and CMB c<strong>on</strong>sortium reduced its fleet <strong>to</strong> 5 Ghana-based vessels (under <strong>the</strong> ‘TTV Ltd’<br />

subsidiary). Since <strong>the</strong> purchase <strong>of</strong> MW Brands by Thai Uni<strong>on</strong> in 2010 it has bought 3 more purse<br />

seiners (in January 2011) which are also managed under <strong>the</strong> TTV subsidiary. 285<br />

282<br />

281 Hamilt<strong>on</strong> et al. 2011. The merger occurred when <strong>the</strong> Kühn-Ballery et al. c<strong>on</strong>sortium bought a c<strong>on</strong>trolling<br />

share (88%) <strong>of</strong> Cobrecaf from MW Brands in late 2008. CREFMPM 2008; pers. comm., EU industry<br />

representative, 2010.<br />

282 MW Brands is headquartered in Paris, but has been a management subsidiary <strong>of</strong> Bangkok-based Thai Uni<strong>on</strong>.<br />

283 Even though Heinz <strong>on</strong>ly owned <strong>on</strong>ly a 36% share, it had effectively cooperated with ano<strong>the</strong>r minority<br />

shareholder <strong>to</strong> exercise this c<strong>on</strong>trol. Le Roy 2008: 137, 139; Guillotreau and Le Roy 2001: 3-4.<br />

284 Pers. comm., EU industry representative, 2009; Campling forthcoming.<br />

285 MW Brands 2011.<br />

Linpico s.a.r.l. Page 137

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