Brussels, 13/04/2011 (Agence Europe) - The European Parliament (EP) is likely in May to approve the agreement on port state measures aiming to prevent, deter and eliminate illegal, unregulated and unreported (IUU) fishing. The EP fisheries committee has adopted the recommendation by Carmen Fraga Estévez (EPP, Spain) backing EU ratification of the agreement signed at the United Nations Food and Agricultural Organisation (FAO) in November 2009.
The key aim of this agreement is to prevent, deter and eliminate IUU fishing by means of effective port state measures and thus ensure long-term conservation and sustainable exploitation of maritime resources and ecosystems.
The new rules will apply to all port states, or entities such as the EU, which ratify the agreement, for all their ports and for all vessels that do not fly their flags but seek to enter and use their ports. They cover not only fishing vessels but also vessels used for fisheries-related activities, including transport ships which can be used to transport fisheries products.
The parties to the agreement designate the ports which vessels may request authorisation to enter. The agreement stipulates the procedures that have to be followed by vessels when entry to the port is requested and, at the same time, by the port states with regard to inspections and other responsibilities, such as passing on the findings of inspections. Parties may refuse access to their ports if they have sufficient information to determine that the vessels seeking to enter their ports have engaged in IUU fishing. Once a vessel is in port, it may be refused use of the port if the party finds that the vessel does not have the necessary authorisations or if the fish on board was caught illegally.
Part 4 of the agreement relates to inspections and follow-ups. Parties are requested to inspect the number of vessels in its ports required to reach an annual level of inspections sufficient to achieve the objective of the agreement. The appendices, which are an integral part of the agreement, state what information must be provided in advance by vessels seeking to enter ports of parties to the agreement and the guidelines for inspection procedures, what is to be done with the findings of the inspections, information systems and training needs.
Real time information exchange is a key part of the agreement. Signatories must be prepared and able to exchange information (with states concerned, the FAO, other international organisations and regional fisheries organisations) on the vessels suspected of participating or of having participated in illegal fishing activities.
Article 20 relates to the role of flag states, which must cooperate with the port state in inspections and other action taken, including enforcement measures.
The agreement contains a number of safeguard mechanisms in line with international law (for example, cases of acts of God or distress and the appeals procedure). Article 21 makes provision for aid for developing countries to implement this instrument.
The agreement will enter into force 30 days after the date of deposit with the Depositary of the 25th instrument of ratification. On 31 January 2011, 23 members of the FAO signed the agreement and so far two port states have deposited the instrument of ratification. If Parliament votes in favour, the EU will become the third signatory to do so. (L.C./transl.rt)