Opinion of the European Economic and Social Committee on the Proposal for a Council Regulation establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing COM(2007) 602 final — 2007/0223 (CNS)
Date: 2008-05-29
Institutions: European Economic and Social Committee
Subjects: common fisheries policy, conservation of fish stocks, fishery management, fishing controls, fishing regulations, fishing vessel, fraud, third country

C 224/72

EN

Official Journal of the European Union

30.8.2008

Opinion of the European Economic and Social Committee on the Proposal for a Council Regulation
establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated
fishing

COM(2007) 602 final — 2007/0223 (CNS)

(2008/C 224/16)

On 4 December 2007, the Council decided to consult the European Economic and Social Committee, under
Article 37 of the Treaty establishing the European Community, on the

Proposal for a Council Regulation establishing a Community system to prevent, deter and eliminate illegal, unreported
and unregulated fishing.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on the subject, adopted its opinion on 29 April 2008. The rapporteur was Mr Sarró
Iparraguirre.

At its 445th plenary session, held on 28 and 29 May 2008 (meeting of 29 May 2008), the European
Economic and Social Committee adopted the following opinion by 70 votes in favour, with three absten-
tions.

1. Conclusions

Given that the persistent practice of IUU fishing requires
1.1
a comprehensive response, based on an effective regulatory
instrument to be applied throughout the supply chain, from
catch to sale, the EESC believes that, in general, the proposed
Regulation provides the necessary framework to prevent, deter
and eliminate IUU fishing and therefore supports it. It believes
that the proposed measures strengthen the Community's role as
a flag state, port state, market state and beneficiary state.

The Committee believes that the success of the proposed

1.2
Regulation is based on four pillars:

— determination of Member States to combat IUU fishing;

— cooperation between Member States;

— international cooperation;

— an ongoing and constant effort to implement it.

1.3 Without seeking to exclude the Community fleet from
the scope of the proposed Regulation, the EESC believes that
the proposal should distinguish more clearly between IUU
fishing by third country vessels, which flag states do not
monitor, and other acts of illegal fishing carried out by Com-
munity vessels which violate the Common Fisheries Policy and
are presently covered by legal instruments provided for under
Regulation (EEC) 2847/93 (1).

It therefore calls on the Commission to take this into account
so as not to impair the end result and, in any case, to take the
proper precautions so that the implementation of the proposed
Regulation does not lead to increased operational costs for busi-
nesses whose fishing vessels practise legal fishing.

1.5
Furthermore, the Committee believes that the proposed
measures should not, under any circumstances, affect legitimate
commercial traffic in a way that could present a barrier to trade,
contravening the rules governing international trade.

The Committee believes that the proposed Regulation
1.6
does not properly explain how the flag state authority should
validate the catch certificate requested by the European Com-
munity. Given that this validation must be carried out electroni-
cally, the EESC believes that the proposed Regulation should
clearly explain the method of validation both for vessels trans-
porting fresh catches as well as those which transport frozen
fisheries products.

1.7
The EESC believes that the monitoring of fishing vessels
from third countries should be carried out uniformly in all
‘designated ports’ across the various Member States. Further-
more, it believes that the proposed Regulation should spell out
more clearly that the inspections will be carried out at sea, on
land and from the air.

1.4
the
The Committee believes that implementing all of
proposed control and inspection measures will involve a signifi-
cant increase in spending and bureaucracy for Member States, as
well as an extension of administrative monitoring infrastructure.

(1) Council Regulation (EEC) No 2847/93 of 12.10.1993.

1.8
The EESC reiterates the point it made in other opinions
that the Community Fisheries Control Agency should play a key
role in coordination, monitoring and control of IUU fishing. In
order to do this, the Agency must be provided with more finan-
cial and human resources.

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The Committee believes that

1.9
the level of sanctions
imposed on third country vessels should be harmonised in all
EU Member States. In the case of non-compliance by states, the
Committee believes that the possibility of applying sanctions
unrelated to fishing should be considered.

In any case,

the EESC believes that

the guarantees
1.10
involved in the procedures for identifying IUU vessels and non-
cooperating states should be reinforced, particularly the guaran-
tees of protection, and that these should be based on solid
evidence to prevent courts
revoking measures
adopted by Member States.

from later

2. Introduction

For more than ten years,

2.1
the Community has been
engaged in a fight against IUU fishing. Since 2002 this fight has
taken the form of a Community action plan to prevent, deter
and eliminate IUU fishing within the Community itself and at
regional and international level (2).

In its resolution (3) of 2005 on the application of the
2.2
Community action plan stipulated in the above-mentioned
Communication, the European Parliament stated that the Euro-
pean Union had to expand and step up its efforts to combat
IUU fishing.

— close the EU market to IUU fisheries products;

— address IUU activities carried out by nationals from the

European Community outside its territory;

— improve the legal means to ascertain IUU fishing activities;

— introduce an efficient regime of penalties aiming to deter

serious infringements to fisheries measures;

— improve action against IUU fishing within Regional Fisheries

Management Organisations;

— support

the policy and means of developing countries

against IUU fishing;

— increase synergies in the field of monitoring, control and
surveillance among Member States and between Member
States and third countries.

2.6
The proposal thus relies on the principle that an efficient
strategy against IUU fishing should be comprehensive and cover
all the facets of the problem, along the whole supply chain.

2.3
Although there have been significant improvements, IUU
fishing has not disappeared. The Commission believes that the
persistence of the practice requires a firm and urgent response
on the part of the European Union.

3. General comments

Accordingly, last year the Commission drew up a new
2.4
Communication (4) on a new strategy for the Community to
prevent, deter and eliminate illegal, unreported and unregulated
fishing.

2.5
Following extended consultations throughout last year, in
which the Committee played an active role (5), the Commission
has drawn up the current proposed Regulation (6), which seeks
to achieve the following:

— improve control of

third
the legality of
country fishing vessels and of their catches accessing fishing
ports of the European Community;

the activities of

3.1
The EESC considers that the worrying environmental and
socio-economic consequences of IUU fishing make it essential
for
the European Union to take decisive action, and thus
broadly supports the Commission.

3.2
Current Community rules, under which a monitoring
system for the Common Fisheries Policy (7) was established,
provide for a broad-based system to monitor the legality of
catches by Community fishing vessels, but do not authorise a
similar degree of monitoring and sanctions
fisheries
products caught by vessels from third countries and imported
into the EU.

for

— improve control of compliance with conservation and
management measures by third country fishery products
imported into the Community by other means than fishing
vessels;

(2) COM(2002) 180 of 28.5.2002 and Council Conclusions of 7.6.2002.
(3) European Parliament Resolution 2006/2225, adopted 15.2.2007.
(4) COM(2007) 601 final of 17.10.2007.
(5) EESC conference on the responsibility of the flag state, 30.1.2007.
(6) Proposal for a Council Regulation 2007/0223 (CNS) establishing a
Community system to prevent, deter and eliminate illegal, unreported
and unregulated fishing.

3.3
This loophole is a way for economic players, both from
within and outside the EU, to introduce IUU fishing into the
Community, the world's largest market and main importer of
fisheries products, thereby increasing the profitability of their
activities. For this reason, the Committee believes that it is right
for the proposed Regulation to focus on IUU fishing activities
by third country vessels, without excluding the Community fleet
from the scope of its application, as stipulated in Article 1(4) of
the proposal.

(7) Council Regulation (EEC) No 2847/93 of 12.10.1993.

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3.4
The proposed Regulation establishes a new monitoring
system which will apply to all IUU fishing activities and to all
associated activities carried out within the territory or within
the maritime waters subject to the sovereignty or jurisdiction of
the Member States or by Community fishing vessels or
nationals. It will also apply, without prejudice to the jurisdiction
of the flag state or coastal state concerned, in relation to IUU
fishing activities carried out by non-Community vessels on the
high seas or in the waters under the jurisdiction of a third
country, as stipulated for
the
Common Fisheries Policy.

the Community fleet under

3.5 Without seeking to exclude the Community fleet from
the scope of the proposed Regulation, the EESC believes that
the proposal should distinguish more clearly between IUU
fishing by third country vessels, which flag states do not
monitor, and other acts of illegal fishing carried out by Com-
munity vessels which violate the Common Fisheries Policy and
are presently covered by legal instruments provided for under
Regulation (EEC) 2847/93 mentioned above.

The proposed Regulation also establishes a proper
3.6
system for monitoring the supply chain of fisheries products
imported into the Community. The Committee believes that the
proposed measures should not, under any circumstances, affect
commercial traffic in a way that could present a barrier to legiti-
mate trade.

3.7
The EESC welcomes the Regulation proposed by the
Commission. It is clear and broad in scope, it provides for the
monitoring of illegal fishing activities at EU and international
level and it is backed up with immediate enforcement measures
and effective, proportionate and dissuasive sanctions for natural
and legal persons who have carried out serious infringements of
the Regulation or are responsible for them. However, in the case
of non-compliance by states, the Committee believes that the
possibility of imposing sanctions that differ from those applic-
able to fishing should also be considered.

The EESC believes that the order of the chapters in the
3.8
proposed Regulation should be changed, with chapters IV and V
on the Community Alert System and Identification of vessels engaged
in IUU fishing activities following on from chapter I.

3.9
At the same time, the Committee believes that Article 13
(1) of chapter III should make it clear that the ban on importing
IUU fisheries products covers imports by sea and by land and
air.

3.10
In the Committee's view, the main difficulty in imple-
menting the proposed Regulation is that it requires general

consensus and the support of Member States as well as an effec-
tive cooperation network at international level.

3.11
The Committee believes that implementing all of the
proposed control and inspection measures, both in port and at
sea, as well as measures on the certification, monitoring and
verification of vessels and catches, and on the control of
imports by land, sea and air, will involve a significant increase
in spending and bureaucracy for Member States, as well as an
extension of administrative monitoring infrastructure. It there-
fore calls on the Commission to take account of their impact in
the proposed Regulation so as not to impair the end result.

3.12
In this connection, the Committee urges the Commis-
sion to take proper precautions to ensure that the implementa-
tion of the proposed Regulation does not lead to increased
operational costs for businesses whose fishing vessels practise
legal fishing.

3.13
In short, the EESC believes that the proposed measures
strengthen the Community's role as a flag state, port state,
market state and beneficiary state.

4. Specific comments

As we have seen so far, the proposed Regulation,

if
4.1
applied correctly, consistently and continuously,
is capable of
making the European Union a leader or standard-bearer in the
international struggle against IUU fishing.

4.2
After several general provisions on implementation, the
Regulation turns directly to EU port control of third country
fishing vessels. It is important to point out here that tranship-
ments between third country fishing vessels or between the
latter and Community vessels are to be prohibited. The ban
extends beyond Community waters to transhipments at sea of
catches from third country vessels to Community vessels.

4.3
The EESC welcomes this ban on high seas transhipment;
it has repeatedly urged the Commission to introduce such a ban
since it is the source of much IUU fishing.

The Regulation states clearly that vessels from third
4.4
in the
countries will be able to enter only ‘designated ports’
European Union, specified in advance by Member States, and
provided that they have met a set of requirements concerning
notice of entry and authorisation, a validated certificate of
catches and inspection. Access to ports of Member States, the
provision of port services, and the conduct of landing, tranship-
ment or on-board processing operations in such ports will be
prohibited for third country fishing vessels unless they comply
with the requirements and provisions of this Regulation.

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4.5
The Regulation attaches particular importance to close
and rigorous monitoring of notification of entry, certification of
catches and inspection in port.

4.6 With regard to the verification of catch certificates,
in port, the
which must be sent 72 hours prior to arrival
Committee believes that these should be validated electronically
by the validating authority. The Committee feels that
the
proposed Regulation does not make it sufficiently clear how
these certificates will be validated. Furthermore, the Committee
believes that the Commission should indicate any exceptions to
the given time frame of 72 hours.

The Committee supports the Commission's guidelines on
4.7
monitoring fishing vessels and calls for consensus among all
Member States to ensure uniform application in all ‘designated
ports’.

4.8
Breaches of the Regulation in which a fishing vessel from
a third country has been involved in IUU fishing activities will
result in that vessel being banned from landing, transhipping or
processing its catches on board, in the launch of an investiga-
tion and, where appropriate, the imposition of sanctions under
the national legislation of the Member State concerned. In the
event of serious violations, the proposed Regulation provides for
immediate enforcement measures.

The aim of this rigorous monitoring of third country
4.9
fishing vessels, which follows exactly the same procedure as the
monitoring of Community vessels,
to identify fisheries
products obtained in illegal, unreported and unregulated fishing
operations. Under the Regulation,
it is prohibited to import
these products into the Community.

is

4.10
The EESC believes that imports throughout Community
territory should be inspected, and for this reason chapter III
should also cover inspection of containers imported into the
European Community by land or by air. Furthermore, a
minimum figure should be set for the percentage of containers
to be inspected each year.

4.11
The Regulation stipulates that when fisheries products
are considered to be the result of IUU fishing under the terms
of
the Regulation and are therefore banned from being
imported, while paying due consideration to the right of appeal,
Member States may confiscate and dispose of these products in
accordance with national rules.

To ensure correct application of the Regulation in all
4.12
fisheries
matters concerning the import and re-export of
products and, where appropriate, a ban on imports, it is stipu-
lated that the Commission will be able to sign administrative
cooperation agreements with flag states.

The system established by the Commission under this
4.13
Regulation requires broad cooperation at
level
between the EU and flag states, states cooperating in regional
fisheries organisations and with the regional organisations them-
selves. Furthermore, as a consequence of this cooperation non-
cooperating states must be identified, and the Regulation
provides for ways to deal with these states.

international

The first

4.14
this international
internal consequence of
cooperation is the creation of a Community alert system,
warning economic players and Member States of any reasonable
doubt that the Community may have as to compliance with
laws, regulations or international conservation and management
measures in respect of fishing vessels or fishery products from
certain third countries.

4.15
The warning will result in Community and interna-
tional monitoring of the imports which provoked the alert and
previous imports, and of the fishing vessels concerned by the
warning. If the enquiries,
inspections and verifications prove
that IUU fishing activities have taken place, the Commission
may adopt other measures, such as including the vessel or
vessels concerned in a Community list of IUU fishing vessels.

The Regulation specifies that it will be the Commission
4.16
or a body designated by it that will gather and analyse all infor-
mation on IUU fishing activities.

4.17
The EESC believes that the body best placed to carry
out this task is the Community Fisheries Control Agency, which
should be provided with more human and financial resources.

4.18
The Regulation deals very extensively with all aspects of
compiling, updating, and publicising the Community list of IUU
fishing vessels as well as its content; vessels included in lists of
IUU fishing vessels adopted by regional fisheries management
organisations will be added automatically. The EESC believes
that instead of including Community fishing vessels in this list
automatically, the Commission should make sure in advance
that
the relevant Member States have not adopted effective
measures, as indicated in Article 26 of the proposed Regulation.

The Committee believes that

4.19
the system established
under the Regulation is appropriate since it is a serious attempt
to register fishing vessels and non-cooperating states in IUU
fishing lists, with all the guarantees of prior information and
protection this entails, and taking into account the measures
applicable to vessels and states involved in IUU fishing activities.
However, the EESC believes that the guarantees involved in the
procedures for identifying IUU vessels and non-cooperating
states should be reinforced, particularly the guarantees of protec-
these should be based on solid evidence to
tion, and that
prevent courts
revoking measures adopted by
from later
Member States.

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4.20
Given the serous consequences of being included in a
list of non-cooperating states and that the requirements of this
Regulation should apply equally to all States, the EESC accepts
that the Commission should help developing countries to meet
the requirements relating to monitoring, control and surveil-
lance of fishing activities.

The Committee believes that

4.21
the Vessel Monitoring
System (VMS) is an important tool for monitoring IUU fishing
activities, and that in order for a country to be removed from
the list of non-cooperating states, it should be required to install
VMS in all its fishing vessels.

The Committee approves of the strict measures estab-
4.22
lished under the Regulation for fishing vessels and non-coop-
erating states involved in IUU fishing activities.

The Regulation also prohibits nationals of Member
4.23
to or becoming
States from in any way offering support
involved in IUU fishing activities, as well as any activity relating
to the chartering, export or sale of fishing vessels included in
Community lists of IUU fishing vessels.

Finally, the Regulation places an emphasis on serious
4.24
infringements, harmonising the minimum level at which
maximum fines are to be set in all Member States, both for

Brussels, 29 May 2008.

natural and legal persons, as well as the immediate enforcement
measures and accompanying sanctions to prevent the reoccur-
rence of the infringement and to allow the competent authori-
ties to investigate.

The Committee believes that

4.25
the level of sanctions
imposed on third country vessels should be harmonised in all
Member States of the European Union.

4.26 With the aim of simplifying Community rules,
the
Commission's proposed Regulation includes the main rules on
control,
inspection, and enforcement adopted by the regional
fisheries management organisations to which the Community
belongs, thus broadening the scope of the Regulation's applica-
tion to take in all waters covered by these organisations.

The EESC considers that at some future point

4.27
the
Commission should study the possibility of extending the Regu-
lation to freshwater fisheries.

4.28
The EESC believes that the Regulation proposed by the
Commission represents a very useful tool for preventing, deter-
ring and eliminating illegal, unreported and unregulated fishing.
A sustained and steadfast effort will be required in order to
implement it. The Committee considers that cooperation among
Member States is essential here.

The President

of the European Economic and Social Committee

Dimitris DIMITRADIS