WRITTEN QUESTION E-0684/01

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

(8 March 2001)

Subject: The common fisheries policy and illegal fishing: flags of convenience

One of the most pressing problems with which the open-sea fishery is currently faced concerns how to oblige countries which are not party to international fisheries organisations and whose fleets fish in waters not subject to the jurisdiction of coastal states to accept the regional fisheries organisations' measures for the rational management and conservation of stocks. The still relatively undeveloped state of the international law of the sea means that vessels flying a flag of convenience, or even no flag at all, can fish in international waters in an irresponsible fashion, heedless of fish stocks or the marine environment, thus undermining the rational fish stock management schemes and measures for responsible fishing agreed by such regional organisations as NAFO, NEAFC or ICCAT. In its present state the law of the sea tends to prioritise member states' sovereign rights and has given little encouragement to the right of intervention. The contracting parties to the international organisations are therefore taking an approach involving coercive measures based on indirect forms of pressure on vessels which do not comply with the organisations' rules on stock management. Such measures are generally aimed at creating obstacles to the marketing of those vessels' catches, and can include, for instance, transfer bans or bans on unloading in the contracting parties' ports.

Can the Commission provide information on the conclusions of the first technical consultation on illegal fishing held by the FAO in Rome from 2 to 6 October 2000, and state what position it took there on the problem of flags of convenience? Can it also provide information on the conclusions of the second technical consultation on illegal fishing held by the FAO in Rome from 22 and 23 February 2001, and state what position it took there on the problem of flags of convenience?

Can the Commission provide information on the contents of the draft international plan to combat illegal fishing, especially as regards flags of convenience, and on the procedure and timetable for adoption?

In view of the persistence of the problem and the insufficient nature of the measures adopted to date, does the Commission not consider that the time has come to adopt a common strategy in all the international fisheries organisations in which the EU participates, with a view to seeking general and more effective solutions in the fight against flags of convenience and stateless vessels?

Answer given by Mr Fischler on behalf of the Commission

(24 April 2001)

During the two technical consultations as well as during the latest negotiations which ended in approval of the International Plan of Action against illegal fishing within the Food and Agriculture Organisation (FAO), the Community stressed the need to apply the existing instruments of international law as well as the need to fill the gaps in international law, particularly as regards access to port. It also stressed the responsibility of the flag State, while at the same time stressing the rights and obligations of the port State and the importing State. For the Community, the International Plan, although voluntary, is an important stage since it indicates a clear commitment on the part of the international Community to combat illegal fishing.

Regarding flags of convenience, the Commission continues to consider that a fundamental step would be the ratification of the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas (approved by the FAO in November 1993) as well as the New York Agreement on Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (adopted in August 1995 and signed in December 1995 within the United Nations). These agreements establish the rights and obligations of the flag States regarding vessels (from identification to control). The Action Plan in fact takes elements of both agreements and indicates the need to adopt measures to prevent nationals fishing illegally, to apply sanctions for infringements and to introduce monitoring, control and surveillance from capture up to unloading. This Action Plan will have to be

applied as soon as possible by means of national action plans and regional and international measures. The Members of FAO are required to submit their measures to the next session of the Committee on Fisheries, in February 2003.

Between now and 2003, the Community will continue to act within the regional fishery organisations where there also is a clear will to cooperate to eliminate illegal fishing. The Action Plan also encourages greater cooperation between the various regional fishery organisations, both with regard to the exchange of information on vessels which commit offences and as regards the adoption of monitoring, control and surveillance measures designed to eliminate illegal fishing.