Brussels, 23/01/2007 (Agence Europe) - The European Commission has confirmed its intention to present, in summer 2007, proposals to strengthen the European Community's efforts to combat illegal, unreported and unregulated (IUU) fishing. Four years after the EU's action plan on combating IUU fishing, the Commission is seeking to propose a new strategy against illegal fishing practices which threaten the very survival of some fish stocks and harm companies which stick to the rules. To better assess the effectiveness of the proposed initiatives, the Directorate General for Fisheries and Maritime Affairs launched a broad stakeholder consultation exercise on 15 January. The Commission has identified a number of possible fields of action:
Improving control of third country vessels on their arrival in EU ports: the Commission is proposing new measures to improve controls, by the port State, of fish landings by vessels registered in non-EU countries. It proposes that third country vessels be authorised to land products only if the flag State certifies that the products on board have been legally caught. The Commission also proposes allowing port authorities to provide services to third country vessels, and establishing stricter rules for the transhipment of fish (whether at sea or in port). In addition, the Commission advises that alert systems should be established to draw the attention of the authorities and operators to vessels or States which might have infringed conservation and management rules. The Commission says that current Community legislation is based on the principle of openness of Community ports to third country vessels. It is often felt that these ports are the point of entry to the EU market for IUU products. DG Fish believes that control of landings carried out by Member States are often insufficiently rigorous.
Closing the EU market to IUU fisheries products: the EU, in full compliance with WTO rules, could ban the import of products from countries which cannot guarantee that their vessels comply with conservation and management rules. Currently, the mechanisms available are those adopted by Regional Fisheries Management Organisations. The Commission is of the opinion that these are not enough to guarantee compliance by the States concerned.
Addressing IUU activities by EU nationals: experience has shown that some players (skippers, vessel owners or traders) are involved in IUU activities. Community law stipulates that Member States should take appropriate action to put an end to such activities. The Commission, however, does not believe that these provisions are being implemented in a satisfactory manner. DG Fish, therefore, proposes improving the monitoring of activities undertaken by Community nationals, and requiring Member States to sanction their nationals who infringe the rules.
Improving detection of IUU activities: the main way of establishing IUU activities is through vessel inspections. The Commission proposes to give the authorities the right of access to all relevant information held by natural or legal persons.
Harmonising sanctions: sanctions vary considerably across the European Community and are often not strong enough. The Commission proposes instituting a system to “approximate the levels of sanctions” that Member States must impose in respect of serious infringements of fisheries laws. The scope of this system would extend to Community waters, to those on board Community vessels and to Community legal and natural persons, wherever they may exercise their activities.
Improving action against IUU fishing within Regional Fisheries Management Organisations: the Commission feels it is necessary to complete the range of measures available to Regional Fisheries Management Organisations. It suggests recommending that these organisations increase their efforts in several areas (certification of catches, sanctions, banning transhipments at sea etc.).
Supporting action in developing countries: according to the Commission, coastal communities and local fishermen in developing countries are the first victims of IUU fishing. The national authorities often lack the resources to address the problem effectively. The EU could focus on strengthening the control capacities of third countries with which it signs bilateral fisheries partnership agreements.
Increasing cooperation between the various departments: the Commission says cooperation between the various departments of EU Member States which are responsible for vessel and product control (customs, health inspectors, control of fishing activities, police). The Community Fisheries Control
Agency (located in Vigo, Spain) could play an important role in intensifying cooperation between all these national departments. At the international level, the EU, DG Fish says, should support the reinforcement of the international monitoring, control and surveillance (MCS) network and sponsor the adoption of new operational cooperation instruments within regional organisations and bilateral agreements.
Flags of convenience and companies registered in tax havens
In its paper, the Commission states that, despite the adoption of measures both in the EU and at international level, IUU activities “remain flourishing in many parts of the oceans”, especially on the high seas (a zone which is outside countries' control) and in waters under the jurisdiction of developing coastal States. The Commission says, too, that it is mainly the high value stocks which are the target of illegal trade on the high seas or in the waters of third countries: bluefin tuna in the Mediterranean, cod in the Barents Sea (a sea in the Arctic Ocean, to the north of Norway and western Russia), toothfish in the Antarctic or redfish in the Irminger Sea (in the Atlantic). The Commission then sets out the main reasons why IUU activities continue to exist. Firstly, these activities are usually profitable for those involved. Secondly, it is linked “to a large extent” to the use by fishing fleets of flags of convenience. Under the laws of the sea, the duty to enforce controls is incumbent on the flag State. States which host flags of convenience are, however, unwilling or unable to discharge this duty. Moreover, there is only limited international cooperation to combat IUU fishing. The owners of vessels involved in IUU activities often operate under the cover of companies registered in tax havens. In addition, some catching activities are carried out in maritime zones where it is very difficult to exercise any control (particularly on the high seas or in economic exclusion zones of developing countries). Finally, overcapacity in some fleets can lead some vessels to circumvent the rules to be able to continue their activities.
The European Community has been involved for more than ten years in combating IUU fishing. Since 2002, its policy has been driven by its action plan, which derived from the international plan adopted by the FAO in 2001. The EU has focused on strengthening the control of fishing activities to deter and sanction illegal activities. In addition, Community legislation establishes the responsibility of the beneficiaries of infringements (responsibility of nationals, regardless of the flag under which the vessels operate).
The European Community has been instrumental in setting up new Regional Fisheries Management Organisations (RFMOs) and in the adoption by existing RFMOs of measures to combat IUU fishing. Most RFMOs have drawn up sets of rules to counter IUU fishing (control and inspection schemes, port State control measures, satellite surveillance, recording of catches, regulation of fishing gear, specific measures targeting the vessels of non-contracting parties in RFMO zones, documents accompanying products certifying compliance with conservation and management measures, lists of vessels authorised to fish, lists of vessels identified as having engaged in IUU activities, regulation of transhipments at sea). The EU also fosters progress against IUU fishing at international level, within the UN and the FAO, for example. Through partnership agreements, the EU also encourages third countries to take action against IUU fishing. Joint initiatives can also see progress made on a regional level, as reflected in the recent launching of a regional action plan for the Indian Ocean.
Speaking to the Advisory Committee on Fisheries and Aquaculture on 7 December 2006, Fisheries Commissioner Joe Borg said that combating IUU fishing was one of his team's main priorities for 2007 (see EUROPE 9325). (lc)