Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 1185/2003 on the removal of fins of sharks on board vessels
Date: 2011-11-21
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, fishing permit, fishing rights, marine mammal, protection of animals

EUROPEAN COMMISSION 

Brussels, 21.11.2011 
COM(2011) 798 final 

2011/0364 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 1185/2003 on the removal of fins of sharks on board 
vessels 

{SEC(2011) 1391 final} 
{SEC(2011) 1392 final} 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTENT OF THE PROPOSAL 

Council  Regulation  (EC)  No  1185/2003  on  the  removal  of  fins  of  sharks  on  board  vessels1 
establishes  a  general  prohibition  to  the  practice  of  'shark  finning',  whereby  the  fins  are 
removed from sharks, with the remainder of the shark being discarded at sea.  

Regulation  (EC)  No  1185/2003  allows  Member  States  to  issue  special  fishing  permits 
allowing processing on board, whereby shark fins can be removed from the bodies. In order to 
ensure  the  correspondence  between  the  weight  of  fins  and  bodies,  a  'fin-to-carcass'  weight 
ratio  is  established.  However,  given  that  such  processing  takes  place  on  board  vessels,  fins 
and  bodies  can  be  landed  in  different  ports.  Inspectors  must  rely  on  logbook  records  to 
determine whether or not the fin allowance has been respected. In such cases, and given the 
varying levels of control and enforcement in ports around the world where such landings take 
place,  'shark  finning'  can  and  does  occur,  and  is  often  difficult  to  detect,  let  alone  prove  in 
legal  proceedings.  Under  these  circumstances,  the  collection  of  data  (e.g.  species 
identification,  population  structure)  underpinning  scientific  advice  for  the  establishment  of 
fisheries management and conservation measures is hampered.  

The  EU  has  made  several  international  commitments  to  protect  sharks,  in  line  with  the 
Organisation of the United Nations (FAO) Code of Conduct for Responsible Fisheries, and in 
particular  under  the  International  Plan  of  Action  on  Sharks  (IPOA-Sharks)adopted  by  the 
FAO in 1999. The FAO IPOA was the basis for the 2009 Commission Communication on a 
European  Community  Action  Plan  for  the  Conservation  and  Management  of  Sharks2, 
whereby the Union committed itself to adopt all necessary measures for the conservation of 
sharks  and  to  minimize  waste  and  discards  from  shark  catches.  The  Council  endorsed  the 
overall  approach  and  specific  objectives  of  the  Union  as  set  out  in  that  Communication3. 
Shark finning is also being addressed by some Regional Fisheries Management Organisations, 
e.g.  the  International  Commission  for  the  Conservation  of  Atlantic  Tunas  (ICCAT)  and  the 
Indian Ocean Tuna Commission (IOTC) where the use of ratios as an instrument to prove that 
finning  does  not  occur  is  considered  problematic  in  terms  of  control  and  efficiency.  Many 
scientists of these organisations clearly favour the landing of sharks with their fins naturally 
attached to the body. 

The  Scientific,  Technical,  and  Economic  Committee  for  Fisheries  (STECF),  acknowledging 
the problem of shark finning, advises that all elasmobranch species should be landed with fins 
/wings attached.  

Therefore,  in  order  to  ensure  proper  management  and  conservation  of  shark  stocks,  it  is 
appropriate to amend this Regulation.  

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OJ L 167, 4.7.2003, p. 2 
COM(2009)40 
EU CO 7723/09 of 17 March 2009 

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2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The European Commission held a public consultation of stakeholders and the general public, 
between 15.11.2010 and 21.02.2011, in order to gather information on the  most appropriate 
manner in which Council Regulation (EC) No 1185/2003 should be amended. The results of 
the  consultation  show  that  the  'fins-remain-attached'  approach  is  regarded  as  the  preferred 
option. An impact assessment has been carried out. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The  main  action  is  to  amend  Council  Regulation  (EC)  No  1185/2003,  on  the  legal  basis  of 
Article 43(2) of the Treaty on the Functioning of the European Union.  

The proposal falls under the exclusive competence of the European Union and the principle of 
proportionality is respected. 

The proposed instrument is a Regulation of the European Parliament and of the Council given 
that other means would not be adequate, on the basis that a Regulation must be amended by a 
Regulation. 

4. 

BUDGETARY IMPLICATIONS 

This measure does not involve any additional Union expenditure 

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2011/0364 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 1185/2003 on the removal of fins of sharks on board 
vessels 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Council  Regulation  (EC)  No  1185/2003  on  the  removal  of  fins  of  sharks  on  board 
vessels4 establishes a general prohibition of the practice of shark finning, whereby the 
fins are removed from sharks, with the remainder of the shark being discarded at sea.  

Fish  belonging  to  the  taxon  Elasmobranchii,  including  sharks,  skates  and  rays  are 
generally very vulnerable to overexploitation due to their life cycle characteristics of 
slow  growth,  late  maturity  and  small  number  of  young.  In  recent  years,  some  shark 
populations  have  been  severely  targeted  and  put  under  serious  threat  as  a  result  of  a 
dramatic increase in demand for shark products,fins in particular. 

Regulation (EC) No 1185/2003 allows Member States to issue special fishing permits 
allowing processing on board, whereby shark fins can be removed from the bodies. In 
order  to  ensure  the  correspondence  between  the  weight  of  fins  and  bodies,  a  'fin-to-
carcass' ratio is established, however, following processing operations, fins and bodies 
can be landed in different ports. In such cases the use of the ratio becomes ineffective 
and gives scope for shark finning to occur. Under these circumstances, the collection 
of data,e.g; species identification, populations structure, underpinning scientific advice 
for the establishment of fisheries conservation measures, is hampered.  

(4) 

In 1999 the Food and Agriculture Organisation of the United Nations (FAO) adopted 
the International Action Plan for the Conservation and Management of Sharks, which 

4 

OJ L 167, 4.7.2003, p. 2 

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(5) 

(6) 

(7) 

was  the  basis  for  the  2009  Commission  Communication  on  a  European  Community 
Action  Plan  for  the  Conservation  and  Management  of  Sharks5,  whereby  the  Union 
committed itself to adopt all necessary measures for the conservation of sharks and to 
minimize  waste  and  discards  from  shark  catches.  The  Council  endorsed  the  overall 
approach and specific objectives of the Union as set out in that Communication6.  

The  Scientific,  Technical,  and  Economic  Committee  for  Fisheries  (STECF) 
acknowledges  the  problem  of  shark  finning  and  calls  for  its  eradication  without 
exemption,  and  advises  that  all  elasmobranch  species  should  be  landed  with  fins 
/wings attached.  

Regional Fisheries Management Organisations are increasingly addressing the issue of 
shark  finning  and  their  scientific  bodies  are  showing  preference  for  the  landing  of 
sharks with their fins naturally attached to the body.  

 In  2010-2011,  as  part  of  the  required  impact  assessment  exercise,  the  European 
Commission  held  a  public  consultation  in  order  to  gather  information  on  the  most 
appropriate manner in which Regulation (EC) No 1185/2003 should be amended. The 
conclusion of the impact assessment is that the Regulation should be amended so that 
all sharks must be landed with their fins still attached. It is necessary and appropriate 
for the achievement of the basic objective of the conservation of shark stocks, and in 
view  of  the  outcome  of  the  public  consultation,  to  amend  Regulation  (EC)  No 
1185/2003 accordingly; 

HAS ADOPTED THIS REGULATION: 

Regulation (EC) No 1185/2003 is amended as follows:  

Article 1 

(1) 

(2) 

Point 3 of Article 2 is deleted. 

The following paragraph 1a is inserted after paragraph 1 of Article 3: 

"1a. Without prejudice to paragraph 1, and in order to facilitate on board storage, shark fins 
may be partially sliced through and folded against the carcass."  

(3) 

Article 4 is deleted. 

(4) 

Article 5 is deleted. 

(5) 

Article 6 is replaced by the following: 

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COM(2009)40 
EU CO 7723/09 of 17 March 2009 

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"Articled 6 
Reports 

1. 

Where  fishing  vessels  flying  the  flag  of  a  Member  State  catch,  retain  on  board, 
tranship  or  land  sharks,  the  flag  Member  State  shall  send  to  the  Commission,  by  1 
May  at  the  latest,  a  comprehensive  annual  report  on  the  implementation  of  this 
Regulation  during  the  previous  year.  The  report  shall  describe  the  monitoring  of 
compliance of vessels with the Regulation, and the enforcement measures taken by 
Member States in cases of non-compliance. In particular, the following information 
shall be provided:  

–  The number of landings of sharks;  

–  The number of inspections carried out; 

–  The  number  and  nature  of  cases  of  non-compliance  detected,  including  a  full 

identification of the vessel(s) involved. 

2. 

After the submission by Member States of their second annual report in accordance 
with  paragraph  1,  the  Commission  shall  no  later  than  1  January  2016  report  to  the 
European  Parliament  and  the  Council  on  the  operation  of  this  Regulation  and  the 
international developments in this field." 

Article 2 
Entry into force 

This Regulation shall enter into force on seventh day following its publication in the Official 
Journal of the European Union.  

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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