WRITTEN QUESTION E-0684/01 by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission. The common fisheries policy and illegal fishing: flags of convenience.
Date: 2001-03-08
Institutions: European Parliament, Provisional data
Subjects: common fisheries policy, conservation of fish stocks, deep-sea fishing, economic sanctions, fishing controls, fishing regulations, fishing rights, flag of convenience, fraud, international economic law, law of the sea, world organisation

C 261 E/174

Official Journal of the European Communities

EN

18.9.2001

(2001/C 261 E/200)

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(cid:146) 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(cid:146) 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(cid:146) rules on stock management. Such measures are generally aimed at creating obstacles to the
marketing of those vessels(cid:146) catches, and can include, for instance, transfer bans or bans on unloading in the
contracting parties(cid:146) ports.

Can the Commission provide information on the conclusions of the (cid:145)first technical consultation(cid:146) 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 (cid:145)second
technical consultation(cid:146) 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

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Official Journal of the European Communities

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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.

(2001/C 261 E/201)

WRITTEN QUESTION E-0685/01

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(cid:146) 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(cid:146) 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(cid:146) rules on stock management. Such measures are generally aimed at creating obstacles to the
marketing of those vessels(cid:146) catches, and can include, for instance, transfer bans or bans on unloading in the
contracting parties(cid:146) ports.

Can the Commission provide information on the data which it possesses on infringements of this nature
(nationality of the infringing vessels, number of vessels, areas of operation, ports used for unloading, etc)?
Can it also state whether it is carrying out or intends to carry out a detailed study of these problems?

What solutions to these problems does the Commission propose as things stand?

What action can be taken to prevent fish illegally caught under flags of convenience from entering the EU
market?

Is the Commission considering applying solutions proposed by it in the past for similar types of problem,
such as the transport of polluting goods by sea using flags of convenience?

Answer given by Mr Fischler on behalf of the Commission

(24 April 2001)

The Commission is aware of the problem which flags of convenience pose in relation to sustainable,
responsible fishing.

In the Commission(cid:146)s view, however, international law and Regional Fisheries Organisations constitute the
appropriate framework for regulating fisheries activity. The Agreement to promote compliance with
international conservation and management measures by fishing vessels on the high seas (approved by
the Food and Agriculture Organisation (FAO) in November 1993) would therefore be the most effective