COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS on External Dimension of the Common Fisheries Policy
Date: 2011-07-13
Institutions: European Commission
Subjects: common fisheries policy, conservation of resources, fishing agreement, sustainable development

EUROPEAN COMMISSION 

Brussels, 13.7.2011 
COM(2011) 424 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

on External Dimension of the Common Fisheries Policy 

 
 
 
 
  
 
TABLE OF CONTENTS 

1. 

2. 

2.1. 

2.2. 

2.3. 

3. 

3.1. 

3.2. 

3.3. 

3.4. 

4. 

Introduction .................................................................................................................. 5 

Contributing to long term sustainability worldwide .................................................... 5 

Transforming our dialogues into working partnerships ............................................... 5 

Upholding and strengthening the global architecture for fisheries governance........... 7 

Contributing towards a more effective functioning of RFMOs ................................... 8 

Towards Sustainable Fisheries Agreements............................................................... 10 

Current Fisheries Partnership Agreements and their shortcomings........................... 10 

Better promotion of long-term resource conservation and sustainability .................. 10 

Reinforcing the governance of bilateral fisheries agreements ................................... 11 

More effective support for sustainable fisheries in partner countries ........................ 12 

Coherence with other EU policies.............................................................................. 13 

ANNEX I.................................................................................................................................. 15 

ANNEX II ................................................................................................................................ 16 

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EXECUTIVE SUMMARY 

Almost 85% of the world fish stocks for which information is available are reported as 
being either fully exploited or overexploited, according to the most recent assessment 
made  by  the  UN  Food  and  Agriculture  Organisation1.  The  EU  must  strive  to  reverse 
this situation, through swift and bold initiatives. 

The EU is one of the very few major players with a strong presence in all of the world’s 
oceans through its fleets and investments, bilateral agreements with third countries and 
participation in most relevant Regional Fisheries Management Organisations (RFMOs). 
It is also a main market for fishery products in terms of consumption and imports. The 
EU consumes 11% of the world fishery resources in terms of volume and imports 24% 
of fishery products in terms of value. This confers a heavy responsibility on the EU to 
further engage in the tasks of conservation and sustainable management of international 
fish stocks. 

Contributing to long-term sustainability worldwide  

To ensure sustainable management and conservation of fisheries resources and enhance 
performance of RFMOs, the EU should seek to: 

• 

• 

Drive forward the global and multilateral agenda promoting sustainable fisheries 
worldwide while transforming its dialogues into working partnerships to address 
crucial  issues  such  as  eradication  of  illegal,  unreported  and  unregulated  (IUU) 
fishing or reduction of overcapacity. 

Lead  the  process  of  strengthening  the  performance  of  RFMOs  to  better  enable 
them  to  conserve  and  manage  marine  living  resources  under  their  purview 
through: 

– 

– 

– 

Delivery of more reliable data and science to underpin the decision-making; 

Increased compliance and control;  

Reduction of capacity to levels commensurate with resources; 

–  More  effective  functioning  of  the  RFMOs  through  improved  decision-

making;  

– 

Introduction of fees for access to high seas by the members of the RFMO. 

• 

Better integrate the fisheries, development, environment, trade and other policies 
to further advance the objectives of sustainable and responsible governance. 

1 

The  State  of  World  Fisheries  and  Aquaculture  2010,  FAO,  Rome  2010,  p.  35.  Of  the  marine  stocks  monitored  by 
FAO, more than half (53%) were estimated to be fully exploited, 28% overexploited, 3% depleted and 1% recovering 
from depletion. 3% of the stocks were estimated as underexploited and 12% as moderately exploited.  

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Bilateral fisheries agreements 

International agreements between the EU and individual third countries should remain 
the framework for fishing activities of the EU fleet in third-country waters. In order to 
promote  long-term  resource  conservation,  good  governance  of  bilateral  fisheries 
relations,  and  sustainable  development  of  partner  countries'  fisheries  sector,  in  future 
fisheries agreements the EU should: 

• 

• 

Base the agreements on the best available scientific advice and information on the 
cumulative fishing effort in the waters concerned; 

Conduct scientific audits on multi-species (“mixed”) agreements; 

•  Make  the  respect  of  human  rights  an  essential  condition  for  concluding  and 

maintaining fisheries agreements; 

•  Move  towards  an  increased  contribution  of  ship-owners  to  the  cost  of  access 

rights; 

• 

• 

Ensure that fisheries agreements support better governance of the fisheries sector 
in  the  partner  country,  notably  in  terms  of  surveillance,  inspection  and 
administrative as well as scientific capacity; 

Ensure sound and efficient financial management of sectoral-support funds under 
the  agreements,  and  foresee  the  suspension  of  payments  if  results  are  not 
obtained. 

Some  of  these  elements  should  already  be  integrated  into  transitional  agreements 
negotiated  before  the  adoption  of  the  CFP  reform.  Once  the  reform  is  in  place,  all 
negotiations  will  reflect  the  new  orientations.  At  the  end  of  the  process,  a  new 
generation of Sustainable Fisheries Agreements (SFAs) will be in place. 

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1. 

INTRODUCTION 

This  Communication  presents  new  orientations  for  the  external  dimension  of  the 
reformed  Common  Fisheries  Policy  (CFP)2  and  is  based  on  a  large  number  of 
consultations and assessments carried out by the Commission services in the context 
of  the  reform.  The  CFP  reform  aims  to  ensure  sustainable  exploitation  of  marine 
living  resources  while  working  towards  robust  economic  performance,  inclusive 
growth  and  enhanced  cohesion  in  coastal  regions.  The  new  orientations  for  the 
external  dimension  of  reformed  CFP  intend  to  project  these  principles  at  the 
international  level  and  contribute  to  more  responsible  international  fisheries 
governance, delivering sustainable exploitation of fish  stocks globally by achieving 
mortality  levels  compatible  with  Maximum  Sustainable  Yield  (MSY3)  by  2015, 
while  mitigating  the  impact  of  fishing  activities  on  the  marine  ecosystem.  This 
ultimately  means  a  viable  future  for  both  European  and  third-country  fishermen 
alike. 

These  orientations  will  also  feature  greater  synergies  with  the  EU's  Integrated 
Maritime Policy (IMP), which will enable the EU to take a more ecosystem-oriented 
approach to fisheries management as well as to address overarching issues of impact 
on international fish stocks, such as climate change and pollution.  

2. 

CONTRIBUTING TO LONG TERM SUSTAINABILITY WORLDWIDE  

2.1. 

Transforming our dialogues into working partnerships  

The EU is engaged in bilateral dialogues with its main international partners, such as 
the  United  States  of  America,  Canada,  Japan,  Australia,  New  Zealand  as  well  as 
Russia  and  China.  The  aim  of  such  dialogues  is  to  ensure  sustainability  of  global 
fishery,  forge  alliances  on  issues  of  fisheries  governance  and  solve  problems  on  a 
bilateral basis.  

There  are  traditionally  strong  relationships  with  the  EU's  Northern  neighbours,  in 
particular Norway, under the so-called Northern Arrangements. These arrangements 
provide  for  a  shared  resource  management  in  the  waters  of  the  North-Atlantic,  the 
Arctic,  the  Baltic  and  the  North  Sea.  More  recently,  the  EU-Russia  bilateral 
agreement  for  the  joint  management  of  the  Baltic  Sea  came  into  force  in  2009.  As 
regards highly migratory and straddling stocks (including mackerel and blue whiting) 
in the North East Atlantic, the EU cooperates with the same Northern neighbours in 
the Coastal States fora. The Commission will consider best approaches to strengthen 
this cooperation to take into account developments in regional processes which will 
seek to manage resources on a sea-basin level. 

2 

3 

Orientations for the external dimension of the Integrated Maritime Policy have been laid down in the 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  -  Developing  the  international 
dimension of the Integrated Maritime Policy of the European Union (COM(2009)0536final)  
MSY is the largest yield (or catch) that can be taken from a species' stock over an indefinite period. Fundamental 
to  the  notion  of  sustainable  harvest,  the  concept  of  MSY  aims  to  maintain  the  population  size  at  the  point  of 
maximum growth rate by harvesting the individuals that would normally be added to the population, allowing the 
population to continue to be productive indefinitely 

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At the same time, the EU's relationship with the near abroad continues to be guided 
by  the  principles  of  the  European  Neighbourhood  Policy  (ENP)  through  which  the 
EU  offers  its  neighbours  a  privileged  relationship,  building  upon  a  mutual 
commitment  to  common  values  (democracy  and  human  rights,  rule  of  law,  good 
governance,  market  economy  principles  and  sustainable  development).  The  ENP  is 
also a well-suited conveyor of the EU's Integrated Maritime Policy to neighbouring 
ENP  partner  countries,  encouraging  actors  in  the  Baltic  Sea,  Mediterranean  and 
Black Sea to build and strengthen mechanisms for peer exchanges for which the EU 
can provide the initiative as well as support. 

Putting an end to illegal fishing 

In  order  to  effectively  address  the  main  problems  facing  today’s  fisheries  such  as 
combating  the  Illegal,  Unregulated  and  Unreported  (IUU)  fishery  and  reducing 
overcapacity, the EU needs to secure support from other global players. 

The  Commission  proposes  to  launch,  by  the  end  of  2013,  discussions  with  other 
major  fishery  import  States,  in  particular  the  USA  and  Japan4,  to  implement  a 
common approach for preventing IUU products from entering these markets. Such an 
initiative could be modelled on the EU IUU Regulation5 and would pave the way to 
eradicating  IUU  fishery  over  the  course  of  the  next  decade,  especially  if  joined  by 
other  major  players.  The  Commission  would  be  open  in  the  near  future  to 
implementing  joint  mechanisms  for  information  exchange  and  harmonisation  of 
approaches towards IUU actors (flag States or fleets) with its partners.  

ACTION 

• 

A  working  partnership  with  key  counterparts  aiming  at  development  of  a 
common approach against IUU fishing.  

Overcapacity – a global issue 

Within the framework of achieving fishing-mortality levels compatible with MSY by 
2015 at the latest, the Commission intends to launch a high-level political initiative 
to  discuss  the  avenues  for  capacity  reduction  on  a  global  level  by  2013.  Such  an 
initiative  would  take  into  account  the  aspirations  of  the  developing  States  and  be 
consistent with the CFP reform which will propose rights-based management as one 
of the main mechanisms to achieve capacity reduction.  

ACTION 

• 

A high-level conference to discuss ways of reducing capacity will be called 
for by the EU by 2013 to pave the way for a process aimed at addressing 
overcapacity at a global level.  

4 

5 

These countries represent together with the EU two-thirds of the world market in fishery products; see The State of 
World Fisheries and Aquaculture 2010, FAO, Rome 2010 

Council Regulation (EC) No 1005/2008 of 29 September 2008, establishing a Community system to prevent, deter 
and  eliminate  illegal,  unreported  and  unregulated  fishing,  amending  Regulation  (EEC)  No  2847/93,  (EC)  No 
1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999.  

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2.2. 

Upholding and strengthening the global architecture for fisheries governance  

At a global level, the EU participates in the work of the United Nations, as a Party to 
the  United  Nations  Convention  on  the  Law  of  the  Sea6  as  well  as  a  Party  to  the 
United  Nations  Fish  Stocks  Agreement7.  The  EU  is  also  an  active  Member  of  the 
Food and Agriculture Organisation of the United Nations (FAO) and participates in 
the work of the Organisation for Economic Cooperation and Development (OECD). 

These  are  key  organisations  to  advance  discussions  on  the  protection  and 
conservation  of  marine  living  resources.  Once  agreements  within  these  fora  were 
reached (e.g. on protection of Vulnerable Marine Ecosystems within the UN), these 
instruments have been successfully implemented on a more operational level through 
the adoption of concrete conservation measures by Regional Fisheries Management 
Organisations (RFMOs). The involvement of the EU in these arenas should therefore 
be focused and enhanced, along the following lines: 

– 

– 

– 

Continue promoting initiatives concentrating on the role of port States and flag 
States in combating IUU activities in the framework of the FAO,  such as the 
2009  Port  State  Agreement  or 
technical  consultations  on  flag  State 
performance; 

Continue  advocating  to  raise  major  issues  of  concern,  such  as  overcapacity, 
discards, by-catch or the impact of certain fishing gears on marine ecosystems, 
at the UN level; 

Promote the establishment of a level playing field for vessels fishing in RFMO 
and  third  country  waters,  to  avoid  a  "race  to  the  bottom"  where  a  laxer 
management framework could be abused to the detriment of resources. Such an 
action would be implemented without prejudice to the primary responsibility of 
flag States for the responsible behaviour of their vessels.  

ACTIONS  

The Commission will propose to the Council: 

• 

• 

• 

• 

To continue  to  put  forward ambitious proposals for the annual UN General 
Assembly Resolution on sustainable fisheries; 

To reinforce support for the development of international instruments for the 
conservation and management of fish stocks in the context of the FAO; 

To  launch  an  initiative  at  UN  level  for  a  Global  Certification  Scheme  to 
eradicate IUU fishing.  

To promote the respect of high sustainability standards by third parties in the 
high seas and third country waters. 

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UNCLOS, 1982, also known as the Montego Bay Convention. 

Agreement  implementing  the  provisions  of  UNCLOS  relating  to  the  conservation  and  management  of  straddling 
stocks and highly migratory fish stocks, UNFSA, 1995, also known as New York Agreement.  

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2.3. 

Contributing towards a more effective functioning of RFMOs  

RFMOs  are  the  key  fora  for  the  conservation  and  management  of  shared  and 
migratory  fish  stocks.  Under  the  UNCLOS  as  well  as  the  UN  Fish  Stocks 
Agreement,  the  EU  has  committed  itself  to  participate  in  the  works  of  various 
RFMOs,  provided  it  has  a  real  interest8  in  the  fisheries  managed  by  these 
Organisations as a fishing nation or a market state. The role of the EU in these fora 
has  significantly  increased  since  1999,  when  the  last  "Communication  on 
in  Regional  Fisheries  Organisations  (RFOs)"  was 
Community  participation 
published9.  

However,  despite  the  efforts  of  the  RFMOs  to  sustainably  manage  resources  under 
their competence, the fish stocks have continued to decline. Almost 85% of the world 
fish stocks for which assessment information is available are reported as being either 
fully exploited or overexploited, according to the most recent estimation made by the 
FAO10.  Such  a  trend  has  been  experienced  for  several  decades  and  reflects  an 
increased  exploitation  of  fish  stocks,  in  particular  due  to  an  increasing  consumer 
demand for fishery products.  

In  the  short  to  medium  term,  the  EU  should  direct  its  efforts  at  tackling  the  main 
difficulties  preventing  RFMOs  from  delivering  on  their  mandates,  by  directing  its 
actions along the following policy lines: 

• 

The  functioning  of  RFMOs  should  be  enhanced  through  systematically 
conducted performance reviews, in line with the appropriate UN Resolutions;  

•  More reliable scientific data and advice should be available to RFMOs through 
increasing  the  EU's  investment  in  data  collection,  applied  research,  scientific 
knowledge and in RFMOs' scientific activities while encouraging other RFMO 
Members  to  do  the  same.  The  EU  should  also  promote  a  wider  scope  of 
scientific advice, notably through an implementation of the precautionary and 
ecosystem  approaches  and  complementing  them  with  the  tools  of  socio-
economic analysis; 

• 

To  remedy  the  current  situation  of  poor  compliance  of  some  Members  with 
RFMOs' conservation and management measures, the EU should promote the 
following: 

– 

A periodic review of the compliance records of each individual Party in 
the respective RFMOs; 

8 

9 

10 

"Real interest" can derive from fishing in the high seas, being a coastal State with an EEZ included in an RFMO 
area of competence, or being a significant importer of fishery products caught in an area managed by an RFMO. 

COM(1999) 613 final, 08.12.1999 

The State of World Fisheries and Aquaculture 2010, FAO, Rome 2010, p. 35. Of the marine stocks monitored by 
FAO, more than half of them (53%) were estimated to be fully exploited, 28% overexploited, 3% depleted and 1% 
recovering from depletion. 3% of the stocks were estimated as underexploited and 12% as moderately exploited. Of 
the tuna and tuna-like stocks for which the state of exploitation is known, possibly up to 60% of the stocks are fully 
exploited,  up  to  35%  of  the  stocks  are  classified  as  overexploited  or  depleted,  with  only  a  few  appearing  to  be 
underexploited (mainly skipjack). 

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– 

– 

Identification of reasons for the lack of compliance (e.g. lack of capacity 
in developing countries) and addressing them in an appropriate, focused 
manner; 

Development and implementation of transparent and non-discriminatory 
sanctions in cases of clear lack of compliance or political engagement by 
Parties.  This  process  could  be  accompanied  by  incentives  to  reward 
"complying" and "transparent" actors (flag States or fleets). 

Overcapacity  is  an  issue  to  be  addressed  both  on  a  multilateral  level  (the  EU 
launching  an  initiative  together  with  its  main  partners)  and  RFMO  level.  The 
EU  should  advocate  tackling  overcapacity  through  a  review  of  the  best 
available  scientific  advice  on  sustainable  levels  of  catch  and  consideration  of 
measures  to  address  it.  Such  measures  could  include  capacity  freeze  or 
reduction while taking into account the aspirations of the developing States to 
develop their own fishery sector. 

Adoption of decisions on management measures through consensus is the best 
guarantee  for  the  highest  level  of  compliance.  Nevertheless,  the  EU  should 
advocate  a  reform  of  decision-making  systems  in  RFMOs,  in  particular  to 
allow  for  voting,  where  necessary,  in  line  with  the  most  progressive  and 
efficient  procedure  recently  adopted  in  the  Convention  for  the  South  Pacific 
RFMO11.  

In  order  to  strengthen  the  financial  base  of  RFMOs  and  further  encourage 
responsible use of resources by the fleets, the EU should promote the concept 
of  operators whose  vessels fly the flag of an RFMO Member paying a  fee to 
RFMOs  for  access  to  high  seas  fisheries.  A  well-conceived  pay-for-access 
regime developed in full conformity with UNCLOS would act as an additional 
factor preventing the "tragedy of the commons"12.  

• 

• 

• 

ACTIONS  

The Commission will propose to the Council: 

• 

• 

• 

the  review  of  RFMOs'  performance,  aiming  at  all 
To  encourage 
Organisations  completing  their  first  reviews  by  the  end  of  2013  and 
subsequently undertaking them at regular intervals (3 to 5 years); 
To  promote  the  concept  of  a  pay-for-access  regime  through  introduction  of 
fees  for  placing  vessels  on  RFMO  authorised-vessels  lists  in  a  limited 
number of RFMOs; 
To promote actions outlined in this Chapter in a coherent and structured way, 
to allow these organisations to effectively deliver against their mandate. This 
would  ensure  a  sustainable  and  regulated  level  of  fishing  activities  (MSY-
based)  on  the  stocks  under  the  RFMO's  purview  and  protection  of  marine 
biodiversity. 

11 

12 

Convention  on  the  Conservation  and  Management  of  High  Seas  Fishery  Resources  in  the  South  Pacific  Ocean, 
Articles 16, 17 
The  tragedy  of  the  commons  is  a  dilemma  arising  from  the  situation  in  which  multiple  individuals,  acting 
independently  and  rationally  consulting  their  own  self-interest,  will  ultimately  deplete  a  shared  limited  resource, 
even when it is clear that it is not in anyone's long-term interest for this to happen. 

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3. 

TOWARDS SUSTAINABLE FISHERIES AGREEMENTS 

3.1. 

Current Fisheries Partnership Agreements and their shortcomings 

Bilateral fisheries agreements between the EU and third countries have long been a 
feature  of  the  Common  Fisheries  Policy.  The  2002  reform  of  the  CFP  introduced 
important  changes  to  bilateral  agreements  by  putting  emphasis  on  the  partnership 
approach  and  the  development  of  sustainable  fisheries  in  the  partner  countries. 
Current  Fisheries  Partnership  Agreements  (FPAs)  have  the  objective  to  allow  EU 
vessels to fish, in a regulated and legally secured environment, surplus resources13 in 
the exclusive economic zones (EEZs) of a number of third countries14.  

FPAs aim at supporting the development of a sustainable fisheries sector in partner 
countries. By doing so, they tend to have a positive economic and social impact. In 
particular, they contribute positively to local economies through the employment of 
seamen, landings, fish processing industries while they also contribute to food supply 
in partner countries. 

In  spite  of  several  improvements,  substantial  shortcomings  continue  to  affect  the 
functioning  of  FPAs,  as  has  been  highlighted  most  recently  by  the  consultation  on 
the 2009 Green Paper15: 

• 

• 

• 

• 

The scientific knowledge on certain stocks in foreign waters is insufficient to 
establish the overall size of the surplus; 

The terms and conditions of fishing agreements concluded by partner countries 
with other (non-EU) countries are usually not known to the EU; 

Consequently it is often impossible to assess the overall fishing effort targeted 
at the stocks, and to determine the share of the surplus to be sustainably fished 
by the EU fleet;  

There  are  limits  to  the  absorption  capacity  of  many  partner  countries  when  it 
comes to effectively using FPA funds allocated to the support of the sector. 

The Commission considers that current FPAs should be transformed into Sustainable 
Fisheries Agreements (SFAs) focusing on resource conservation and environmental 
sustainability, improved governance and effectiveness of sectoral support. 

3.2. 

Better promotion of long-term resource conservation and sustainability 

SFAs  should  be  always  based  on  the  best  available  scientific  advice,  using  the 
concept of maximum sustainable yield (MSY) as a reference.  

13 

14 

15 

The share of the allowable catch which the coastal State cannot or does not wish to exploit itself; see Article 62(2) 
of the United Nations Convention on the Law of the Sea. 
See  Annex  2  for  an  overview  the  EU’s  current  bilateral  fisheries  agreements  and  their  main  characteristics.  To 
become  fully  operational,  bilateral  fisheries  agreements have  to be  accompanied  by  a  protocol which  determines 
the specifics of fishing opportunities and financial contribution. Agreements without a protocol in force or in the 
process of ratification are referred to as “dormant”. 

Synthesis of the Consultation on the Reform of the Common Fisheries Policy, SEC(2010)428 final, 16.4.2010. 

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The  Commission  will  launch  scientific  audits  to  assess  existing  multi-species 
agreements  consisting  of  independent  peer  reviews  of  available  scientific  data.  On 
that basis, and in line with the eco-system approach, it will decide if it is necessary to 
refocus  these  agreements  on  species  where  the  level  of  scientific  knowledge  is 
sufficient and the total fishing effort known16. As for tuna agreements, scientific data 
provided  by  the  relevant  RFMOs  will  be  used  in  a  more  rigorous  manner  .  Catch-
reporting  provisions  should  be  thoroughly  complied  with  by  Member  States.  The 
Commission will deal with allegations of non-compliance swiftly and fairly. 

The  Commission  will  also  endeavour  that  SFAs  include  a  transparency  clause, 
whereby the cumulative fishing effort in a given partner country is made known to 
the EU. 

ACTIONS  

The Commission will: 

• 

• 

• 

systematically launch scientific audits to assess the stocks before negotiating 
new protocols to multi species agreements; 

ensure compliance of Member States with catch-reporting rules applying in 
the  waters  of  partner  countries,  including  through  full  use  of  existing  legal 
instruments such as the IUU Regulation;  

reinforce transparency on the global fishing efforts in third countries’ waters 
through specific clauses in bilateral agreements and contacts with other third 
parties.  

3.3. 

Reinforcing the governance of bilateral fisheries agreements  

Current FPAs need to be reformed to provide a fully-fledged governance framework 
for the fishing activities of EU vessels in third-country waters. The implementation 
of the agreements must be simplified, they must provide better means of reacting to 
human-rights  violations,  and  public  contributions  to  the  costs  of  access  must  be 
reduced.  

SFAs must be easier to implement and to comply with. To this end they should be 
based  on  "model  agreements",  and  standard  clauses  should  be  introduced.  With 
regard  to  fishing  authorisations  issued  and  managed  under  the  agreements,  the 
administrative  process  should  be  eased.  The  Commission  will  make  in  2012  a 
proposal to revise the Fishing Authorisations Regulation17.  

A human-rights clause should be inserted in all future agreements, as it is already the 
case  with  protocols  that  have  recently  been  initialled,  so  that  breaches  of  essential 

16 

17 

Current  FPAs  can  be  divided into  (a)  those  covering  exclusively  tuna  and  related  highly  migratory  species  (tuna 
agreements), and (b) those which also cover other species (also known as mixed agreements). Due to their coverage 
by RFMOs, scientific information about tuna stocks is generally better than about other species. 
Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of 
Community  fishing  vessels  outside  Community  waters  and  the  access  of  third  country  vessels  to  Community 
waters,  amending  Regulations  (EEC)  No  2847/93  and  (EC)  No  1627/94  and  repealing  Regulation  (EC)  No 
3317/94.. 

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and  fundamental  elements  of  human  rights  and  democratic  principles  would 
ultimately result in a suspension of the protocol to the agreement. This clause should 
follow  the  example  of  provisions  established  by  the  Cotonou  Agreement18,  where 
applicable, or other relevant international instruments and agreements.  

The exclusivity clause in current FPAs prevents EU vessels from fishing outside of 
the regulatory framework of the agreement where one exists and guarantees that all 
EU vessels are subject to the same rules. To prevent circumvention of the exclusivity 
clause  by  reflagging,  future  fisheries  agreements  should  foresee  that  an  EU  vessel 
which  changes  flag  to  elude  its  obligations  or  to  obtain  additional  fishing 
opportunities will not be allowed any more to fish in the partner country's EEZ.  

The  EU  fishing  industry  should  take  a  fair  share  of  the  costs  of  access  to  third 
countries’ surplus resources. The contribution from the EU budget should be reduced 
accordingly. 

ACTIONS  

The Commission will: 

• 

• 

• 

• 

make a proposal by 2012 to revise the Fishing Authorisations Regulation to 
simplify the management of fishing authorisations; 

seek  to  make  the  respect  of  human  rights  a  necessary  condition  for  the 
conclusion  of  SFAs  and  for  maintaining  fisheries  cooperation  with  third 
countries; 

seek  to  introduce  in  bilateral  agreements  provisions  to  prevent  abusive 
reflagging.  

aim  at  increasing  the  contribution  of  shipowners  to  the  costs  of  access  to 
third-country waters. 

3.4.  More effective support for sustainable fisheries in partner countries 

The  EU’s  financial  support  to  third  countries’  sectoral  policy  should  result  in 
concrete and measurable benefits for the partner countries including in the domain of 
sustainable local fisheries. It should aim to support their administrative and scientific 
capacity  and  be  directed  notably  at  monitoring,  control  and  surveillance  activities, 
including  the  fight  against  IUU  fishing.  The  improvement  of  scientific  advice  and 
capacity building should also be a priority for the EU's support to partner countries 
under SFAs.  

At the same time, sectoral support should be made more effective, better targeted and 
regularly assessed. Guarantee of result should be sought from partner countries and 
conditionality  should  be  strengthened  so  that  no  payment  be  made  when  it  fails  to 
deliver. The Commission will develop general guidelines to monitor sectoral-support 

18 

The Cotonou Agreement is the most comprehensive partnership agreement between developing countries and the 
EU. Since 2000, it has been the framework for the EU's relations with 79 countries from Africa, the Caribbean and 
the Pacific (ACP). 

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funds  under  all  fisheries  agreements  which  can  then  be  adapted  to  specific 
agreements. 

The Commission will also seek to increase the added value of the sectoral support to 
the sustainable development of the fisheries sector of the partner countries by better 
taking into consideration the overall strategies and priorities defined in each of them. 

ACTIONS  

The Commission will: 

• 

• 

• 

propose  to  decouple  in  all  cases  sectoral  support  payments  from  fisheries 
access rights payments and will define sectoral support in the light of the 
needs and absorption capacity of the partner countries; 

seek  to  introduce  stronger  conditionality  for  the  sectoral  part,  so  that 
payments would be linked to the progress achieved in the implementation 
of the sectoral support. 

support  partner  countries'  efforts  to  improve  data  collection  and  the 
provision of accurate scientific advice. 

4. 

COHERENCE WITH OTHER EU POLICIES 

In  order  to  fulfil  the  goals  mentioned  in  this  Communication,  the  voice  of  the  EU 
needs to be more powerful in various global fora through greater synergies between 
its  actions  and  policies  in  the  realm  of  international  fisheries  governance  and  the 
domains of development, trade, environment, research and innovation, foreign policy 
and others. This will inter alia be done along the following lines: 

– 

– 

– 

– 

– 

Coordination  of  fisheries  and  development  policies  should  ensure  that  the 
recognition  of  the  aspirations  of  the  developing  States  to  build  up  their  own 
fishery  sector  is  linked  to  raising  awareness  of  their  duties  of  sustainable 
fisheries governance. 

Synergies  between  future  fisheries  agreements  and  development  policies  and 
instruments,  in  particular  the  European  Development  Fund  (EDF)  and  other 
policies such as research and innovation policy will be pursued. 

In the context of the European Union's external action, the EU will continue to 
support fisheries-related strategies and programmes, such as maritime security 
and  the  fight  against  piracy,  under  its  overall  partnership  and  cooperation 
strategies. 

The  EU,  as  a  major  importer  of  fishery  products,  already  prevents  IUU 
products from reaching its market. The EU's trade policy can also contribute to 
ensure  sustainable  fishing  worldwide  through  promoting  adherence  to  the 
relevant  international  conventions  and  agreements  relating  to  fisheries 
governance in the framework of preferential trade agreements. 

Coherence of environmental and fisheries objectives will be ensured through a 
continued integration of policies developed by the environmental international 

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bodies  and  conventions  into  the  RFMOs'  conservation  and  management 
decisions.  

ACTIONS  

The Commission will: 

• 

• 

develop  and  implement  oceans-  and  sea-based  regional  strategies  for 
sustainable fisheries, e.g. in the Pacific and Indian Oceans as well as in the 
Mediterranean Sea. 

by the end of 2011, adopt a proposal for a legal framework, including trade 
related measures, to ensure sustainability of fisheries resources. 

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ANNEX I 

Regional Fisheries Management Organisations  

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ANNEX II 

Bilateral Fisheries Agreements 

TYPE OF 
AGREEMENT 

PARTNER 
COUNTRY 

PROTOCOL IN FORCE 
UNTIL 

EU'S ANNUAL 
FINANCIAL 
CONTRIBUTION 

Multi-species 
("mixed") 
agreements 

Greenland 

31 December 2012 

14 307 244 € 

Guinea Bissau 

15 June 2011 

7 500 000 € 

Mauritania 

31 July 2012 

From 86 000 000 € (1 st year) 
to 70 000 000 € (4 th year) 

Morocco 

27 February 2012 

36 100 000 € 

Tuna  agreements  – 
West Africa 

Cape-Verde 

31 August 2011  

Gabon 

2 December 2011 

Ivory Coast 

30 June 2013  

São  Tomé  and 
Principe 

End 2013 

385 000 € 

860 000 € 

595 000 € 

682 500 € 

Tuna  agreements  – 
Indian Ocean 

Comoros 

31 December 2013 

615 250 € 

Madagascar 

31 December 2012 

1 197 000 € 

Mozambique 

31 December 2011 

900 000 € 

Seychelles 

17 January 2014 

5 600 000 €  

Tuna  agreements  – 
Pacific 

Kiribati 

15 September 2012 

478 400 € 

559 000 € 

25  February 
(new 
Protocol  of  5-year  duration  in 
the ratification process) 

2010 

8 October 2012 

400 000 € 

Micronesia 

Solomon 
Islands 

Dormant 
agreements 

Gambia 

No protocol in force 

Guinea  

No protocol in force 

Equatorial 
Guinea 

No protocol in force 

Mauritius 

No protocol in force 

Senegal 

No protocol in force 

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