European Parliament resolution on the implementation of the EU action plan against illegal, unreported and unregulated fishing (2006/2225(INI))
Date: 2007-02-15
Institutions: Committee on Fisheries, European Parliament
Subjects: action programme, common fisheries policy, conservation of fish stocks, fishery management, fishing controls, fishing regulations, fraud

C 287 E/502

Official Journal of the European Union

EN

29.11.2007

Thursday 15 February 2007

P6_TA(2007)0044

Illegal fishing

European Parliament resolution on the implementation of the EU action plan against illegal,
unreported and unregulated fishing (2006/2225(INI))

The European Parliament,

— having regard to the communication from the Commission entitled ‘Community action plan for the
eradication of illegal, unreported and unregulated fishing’ (COM(2002)0180) and the Council Conclu-
sions of 11 June 2002 thereon,

— having regard to its resolution of 20 November 2002 on the Community action plan for the eradica-

tion of illegal, unreported and unregulated fishing (1),

— having regard to the Commission's three-yearly communications on monitoring the implementation of

the Common Fisheries Policy (CFP) and Parliament's corresponding resolutions on that subject,

— having regard to the Commission's annual communications and Parliament's respective resolutions on

conduct seriously infringing the rules of the CFP,

— having regard to the FAO international plan of action on illegal, unreported and unregulated (IUU)

fishing and the technical documents adopted subsequently by the FAO,

— having regard to Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community

Fisheries Control Agency (2), and in particular Article 3, point (h) thereof,

— having regard to its resolution of 13 December 2001 on the role of flags of convenience in the fish-

eries sector (3),

— having regard to the Green Paper entitled ‘Towards a future maritime policy for the Union: a European

vision for the oceans and seas’ (COM(2006)0275),

— having regard to its resolution of 7 September 2006 on launching a debate on a Community approach

towards eco-labelling schemes for fisheries products (4),

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Fisheries (A6-0015/2007),

A. whereas IUU fishing is a major problem around the world, causing considerable environmental degra-
dation, contributing to the depletion of commercial and non-commercial fish stocks and other species
and resulting in difficulties for communities dependent on fishing for their livelihoods in both develop-
ing and developed countries,

B. whereas the fight against IUU fishing has been hindered by factors such as the use of flags of conve-
nience, transshipments on the high seas, lack of adequate port control and scant cooperation between
control authorities,

(1) OJ C 25 E, 29.1.2004, p. 179.
(2) OJ L 128, 21.5.2005, p. 1.
(3) OJ C 177 E, 25.7.2002, p. 324.
(4) Texts Adopted, P6_TA(2006)0347.

29.11.2007

EN

Official Journal of the European Union

C 287 E/503

Thursday 15 February 2007

C. whereas, according to the FAO's definition of IUU fishing, ‘illegal fishing’ refers to activities conducted
by vessels in contravention of the laws and regulations of states belonging to a regional fisheries
management organisation (RFMO), ‘unreported fishing’ refers to activities which have been misreported
or have not been reported to the competent national authority or the relevant RFMO, and ‘unregulated
fishing’ refers to activities carried out by vessels without nationality or under the flag of a state which
does not belong to a particular RFMO, in contravention of the conservation and management measures
of that organisation,

D. whereas, even though IUU fishing may occur in any segment of the fleet, its greatest impact can be
seen in the offshore fishing segment, which by preference operates in international waters and on the
continental shelf of developing countries with scant means of control, which means that the European
Union's action must focus on those areas and on that segment of the fleet,

E. whereas vessels engaging in IUU fishing help to weaken the social conditions and living and working

conditions of crews,

F. whereas IUU fishing and marketing activities linked thereto also constitute unfair competition for those
fishers and commercial players who abide by the rules laid down in law, including legislation in the EU,
its Member States and other countries and the management measures agreed by RFMOs,

G. whereas the European Union and its Member States must increase their commitment in the fight
against all forms of illegal fishing, but it is also necessary to distinguish between infringements by
Community vessels of Community rules and IUU fishing as interpreted at international level, and bear-
ing in mind that activities carried out within the framework of the CFP are indeed regulated, which
means that
in the majority of cases involve different
procedures,

those two activities will

the fight against

H. whereas the Commission itself recognises the difficulty of differentiating between licit and illicit catches,
particularly in certain cases such as when the fish landed is frozen, or where there are commercial
networks with third countries and the fish has been processed before it reaches the European market,

I. whereas RFMOs are the best means of combating IUU fishing at international level and the Commu-
nity's participation in them enables it to establish joint actions and speak with one voice in the com-
petent international organisations,

J. whereas the existence of an effective and coherent control system is a key component for a sustainable
resource conservation and management policy, and involves not simply introducing more restrictive
measures but also applying existing measures better and more equitably,

K. mindful of the importance of the exchange of information and international cooperation in combating

IUU fishing,

L. whereas the profits resulting from IUU fishing may in some cases be helping to finance activities of

organised criminal networks,

Reiterates its commitment to combating IUU fishing in all its forms, as expressed in its resolution of

1.
20 November 2002, referred to above;

2. Welcomes the progress that has been made at the international level and by the EU in combating IUU
fishing, but considers that the phenomenon continues to escalate and, consequently, that further efforts are
needed;

3.
Considers that the extent of IUU fishing, the diversity of factors contributing to it and the wide range
of legal, logistical and financial tools necessary to combat it are such as to require cooperation at all levels,
including the various Directorates-General of the Commission (especially, but not limited to, the Fisheries
and Maritime Affairs, Trade, Development and Health and Consumer Protection DGs), the Council, the
individual Member States and the international community; takes the view, to that end, that the Green
Paper on a new maritime policy for the Union could serve as a framework for cooperation on the basis
of which the fight against IUU fishing might be approached more effectively;

C 287 E/504

Official Journal of the European Union

EN

29.11.2007

Thursday 15 February 2007

4.
Considers that the importance of the EU in the world, in its various roles as a major fishing power
and as the world's largest market for fish, obliges it to be at the forefront of the fight against IUU fishing;

Notes that the EU is among the world's wealthiest and most technologically advanced entities and that
5.
it bases itself on the rule of law, all of which behoves the EU to broaden and intensify its efforts to combat
IUU fishing;

Considers that the EU can only act credibly on the world scene if it has already taken effective action
6.
to halt its own involvement in IUU fishing, both in EU waters and by EU vessels or interests outside the EU;

7.
Urges the Commission to help developing countries, above all those with which the Community has
fishing agreements, to comply fully with the commitments of the abovementioned international plan of
action designed to prevent illegal fishing, helping to strengthen the scant means available to them by includ-
ing specific actions in the new partnership agreements;

Reiterates its conviction that a crucial and obvious first step for the European Union to take is, first, to
8.
fully implement the existing provisions of the CFP and other relevant Community legislation in an effective,
fair and rigorous manner, in order to reduce unreported and illegal fishing by Community vessels and in
Community waters and, second, to prevent the landing and marketing of products from illegally caught fish
from outside the EU; notes that these duties fall primarily on the governments of the Member States, in
application of Community law and as port states;

9.
Urges the Commission and the Member States to strengthen deterrence mechanisms (surveillance,
control, sanctions, etc.) and to propose measures that will make it possible to prevent infringements and
improve the application of existing rules;

Notes that poor traceability of fish leads to confusion over its origin, making it difficult or impossible

10.
to distinguish between legally caught fish and illegally caught fish;

11.
Considers it necessary to improve assistance and cooperation among the Member States in order to
strengthen controls and surveillance and to promote commercial regulation measures that will make it
possible to identify the origin of catches landed;

Considers it necessary to intensify port state control of landings and transhipments of frozen fish

12.
from third countries and to improve cooperation between the Member States and those countries;

13.
Recalls its resolution of 7 September 2006 on eco-labelling, referred to above, and reiterates its belief
that the improvements in the traceability of fish, from the net to the plate, that would be required by eco-
labelling schemes would be of considerable help in identifying IUU fish and keeping it off the EU market;
calls on the Commission to present its proposal on eco-labelling by June 2007;

Calls on the Commission and the Member States to redouble their efforts to implement

14.
15 actions included in the EU action plan on IUU fishing as agreed in 2002, and in particular to:

the

i.

ii.

iii.

iv.

v.

vi.

guarantee equal treatment for economic players, discouraging those within the Community who wish
to use flags of convenience;

incorporate rules in Community legislation to ban trade in IUU-origin fish;

put in place binding rules on control and inspection within a common legal framework across the
European Union;

expand the Community information campaign so as to improve public awareness of the extent and
serious nature of IUU fishing;

promote detailed control and inspection plans for each RFMO to which the EU belongs;

work to ensure that coverage by RFMOs is extended to include all major fisheries in the world's
oceans, including demersal species, small pelagic species and highly migratory species;

29.11.2007

EN

Official Journal of the European Union

C 287 E/505

Thursday 15 February 2007

vii.

contribute actively to the creation and revision, as appropriate, of lists adopted by RFMOs of vessels
that undermine conservation measures, including by providing sightings; encourage the implementa-
tion of trade sanctions against countries whose flag those vessels fly;

viii.

promote the adoption of uniform action plans by RFMOs by pushing for the most effective measures
possible;

ix.

x.

work actively to promote the development of catch documentation schemes, starting with the most
endangered species, and ensure that fish allowed onto the EU market has not been caught illegally;

strengthen international cooperation in the MCS (Monitoring, Control and Surveillance) network as
well as regional schemes with a view to the establishment, under the auspices of the FAO, of an
international information system on offshore fishing vessels;

xi.

define a ‘substantial link’ between a fishing vessel and the flag she flies;

xii.

define the rights and obligations of port States;

xiii.

assist developing countries in their ability to monitor fishing activities in their waters and to combat
IUU fishing;

15. Welcomes the inclusion in the Commission's work programme for 2007 of a package on IUU fish-
ing, including a communication from the Commission and a proposal for a Council regulation on stepping
up the fight against IUU fishing; welcomes the revival of the Commission's inter-service consultation group,
which was originally set up in 2002;

Calls on the Community Fisheries Control Agency to include the fight against illegal fishing and
its annual work

16.
coordination of Member States' activity in this field among its priorities as part of
programme;

17.
Calls on all those interested in eliminating IUU fishing, including all EU institutions, the governments
of the Member States, the various segments of the fishing, processing and retail industry, NGOs and other
concerned parties to present their proposals on what the EU should do during the discussion to be launched
by the Commission with its upcoming communication on IUU fishing;

Considers that the Commission should include the following actions in its proposal to be adopted in

18.
EU law:

— all fishing vessels and fish transport vessels registered in the EU or flying the flags of third countries
and wishing to enter an EU port must be readily identifiable by means of the markings included in the
FAO's Standard Specifications for the Marking and Identification of Fishing Vessels;

— a Community register of vessels engaging in IUU fishing must be created which would include vessels
on RFMO blacklists; such a register will facilitate the swift exchange of information among the Member
States and make it possible to monitor vessels taking account of possible re-flagging;

— common minimum penalties for serious infringements must be applicable in all Member States, and

must be sufficiently dissuasive;

— Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to
the common fisheries policy (1) and Council Regulation (EC) No 104/2000 of 17 December 1999 on
the common organisation of the markets in fishery and aquaculture products (2) must be strengthened
in such a way as to provide for fish to be fully traceable from the time it is brought aboard a fishing
vessel until it reaches its final customer;

— all black lists of fishing vessels and fish transport vessels, including their owners or operators, adopted
by RFMOs must be published and incorporated directly into Community law; non-EU vessels on those
lists must be prohibited from entry into Community ports for any purpose, except in cases of force
majeure or for humanitarian reasons; all EU-flagged vessels must be prohibited from providing support
(fuel, supplies, transhipment, etc.) to those vessels while at sea;

(1) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005,

p. 1).

(2) OJ L 17, 21.1.2000, p. 22. Regulation as last amended by Regulation (EC) No 1759/2006 (OJ L 335, 1.12.2006,

p. 3).

C 287 E/506

Official Journal of the European Union

EN

29.11.2007

Thursday 15 February 2007

— the legal origin of fish must be demonstrated before it is allowed to be offloaded in EU ports or
for both landings from fishing vessels and
include,

imported into the EU; such proof must
transshipments:

— in the case of fish products from waters regulated by an RFMO, documents establishing that the
fish products to be landed have been caught in accordance with the rules of that RFMO and that
the quotas allocated to the contracting party under whose flag the vessel
is sailing have been
respected;

— in the case of fish products caught in the exclusive economic zones of third countries, documenta-
tion establishing that the vessel is authorised to fish or is in possession of a fishing licence for
those waters and for the species to be landed;

— Member States should discourage the transfer of vessels from their national registry if they are to be re-
flagged under the flag of a country that has been identified by an RFMO as a country whose vessels
have been fishing in a manner that diminishes the effectiveness of the conservation measures adopted
by that RFMO;

— vessels and producers in third countries that are allowed to export fish or fishery products to the EU, as
included on lists drawn up by the third country and published by the Commission's Directorate-General
for Health and Consumer Protection, must be cross-checked with black lists of vessels drawn up by
RFMOs or other third countries; the Commission should use all possible means to ensure that vessels
on such black lists are not allowed to export fish or fishery products to the EU; to that end, considera-
tion could be given to an amendment to Regulation (EC) No 854/2004 of the European Parliament and
of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on
products of animal origin intended for human consumption (1);

19. Welcomes the establishment of the new control agency and is confident that the agency will play an
important role in the fight against IUU fishing; calls upon the Commission to consider the idea of the
establishment of an EU coastguard;

20.
Calls on the Commission and the Member States to prevent fishing in Community waters and entry
to Community ports by vessels which are involved in IUU fishing in accordance with the rules in force and
to prohibit the importing of fish from those vessels; calls, likewise, on the Member States not to allow this
type of vessel to be flagged under their flag, and to invite importers, transporters and other sectors con-
cerned not to tranship or deal with fish caught by those vessels;

21.
Urges the Commission to ensure that any natural or legal persons guilty of IUU fishing in accordance
with the rules in force do not receive any type of aid or subsidy from Community funds for any branch of
their activities, and to ask the Member States to take similar action with regard to their respective national
aid;

22.
Calls on the Commission to carry out and present a study on tariffs and rules of origin, containing
an examination of the ways in which these tools may be used in order to encourage third countries to
ensure that their vessels abide by relevant international management measures;

23.
Calls on the Commission to carry out and submit a study on compliance with Community labour,
health and safety legislation and on respect for the social rights of workers on that type of vessel, and on
their living and working conditions on board;

24.
Calls on the Commission to use its considerable influence in RFMOs to encourage them to establish
lists of vessels that are authorised to fish (white lists) and of vessels that have been caught fishing illegally
(black lists); such lists must be drawn up in a transparent and coherent manner in accordance with clear
criteria; also calls on the Commission to encourage RFMOs to identify countries which do not control the
activities of vessels flying their flag and to use those lists as tools to allow the acceptance or rejection of
fish;

(1) OJ L 139, 30.4.2004, p. 206. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363,

20.12.2006, p. 1).

29.11.2007

EN

Official Journal of the European Union

C 287 E/507

Thursday 15 February 2007

25.
Urges the Commission to continue giving maximum priority to cooperation with RFMOs such as the
North-East Atlantic Fisheries Commission, the North-West Atlantic Fisheries Organisation and the Commis-
sion for the Conservation of Antarctic Marine Living Resources which, with their initiatives designed to
combat illegal fishing, have proved to be the most suitable instruments for ensuring good governance on
the high seas;

Urges the Commission and the Council to strengthen the resources allocated to the fight against

26.
corruption and organised crime at all levels;

27.
Is convinced that the keys to reducing and eliminating IUU fishing are full traceability all along the
chain of custody, transparency of decisions, cooperation within the EU and the wider international com-
munity and, most importantly, a demonstration of political will by all parties; reiterates that, unless much
more is done, fish stocks will continue to be depleted and fishing communities in the EU and elsewhere will
suffer even greater hardship;

28.
Instructs its President to forward this resolution to the Council, the Commission, the governments
and parliaments of the Member States, the Committee on Fisheries of the FAO and the secretariats of the
RFMOs to which the EU belongs.

P6_TA(2007)0045

Country Strategy Papers — Malaysia, Brazil and Pakistan

European Parliament resolution on the draft Commission decisions establishing Country Strategy
Papers and Indicative Programmes for Malaysia, Brazil and Pakistan

The European Parliament,

— having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of

18 December 2006 establishing a financing instrument for development cooperation, (1)

— having regard to the draft Commission decisions establishing Country Strategy Papers and Indicative
Programmes for Malaysia, Brazil and Pakistan (CMT-2007-0001, CMT-2006-3525 and CMT-2006-
3021),

— having regard to the opinions delivered on 25 January 2007 by the committee referred to in Article 35
(1) of the above regulation (hereinafter referred to as ‘the Development Cooperation Instrument (DCI)
management committee’),

— having regard to Article 8 of Council Decision 1999/468/EC of 28 June 1999 laying down the proce-

dures for the exercise of implementing powers conferred on the Commission, (2)

— having regard to Rule 81 of its Rules of Procedure,

A. whereas, on 25 January 2007, the DCI management committee voted in favour of the draft Commis-
sion decisions establishing Country Strategy Papers and Indicative Programmes for Malaysia, Brazil and
Pakistan (CMT-2007-0001, CMT-2006-3525, CMT-2006-3021),

B. whereas, pursuant to Article 7(3) of Decision 1999/468/EC and point 1 of the Agreement between the
European Parliament and the Commission on procedures
implementing Council Decision
1999/468/EC, (3) the European Parliament received the draft implementing measures submitted to the
DCI management committee and the results of voting,

for

(1) OJ L 378, 27.12.2006, p. 41.
(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
(3) OJ L 256, 10.10.2000, p. 19.