Proposal for a COUNCIL IMPLEMENTING DECISION amending Implementing Decision 2014/170/EU, establishing a list of non-cooperating third countries in fighting illegal, unreported and unregulated fishing, as regards Saint Vincent and the Grenadines
Date: 2017-05-23
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Saint Vincent and the Grenadines, common fisheries policy, conservation of fish stocks, exchange of information, fishing controls, fishing vessel, international cooperation, sea fishing, ship's flag, third country

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   EUROPEAN COMMISSION  Brussels, 23.5.2017  COM(2017) 243 final 2017/0101 (NLE)   Proposal for a COUNCIL IMPLEMENTING DECISION amending Implementing Decision 2014/170/EU, establishing a list of non-cooperating third countries in fighting illegal, unreported and unregulated fishing, as regards Saint Vincent and the Grenadines  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  1005/2008  of  29 
September 2008 on establishing a Community system to prevent, deter and eliminate illegal, 
unreported and unregulated fishing (IUU fishing), amending Regulations (EEC) No 2847/93, 
(EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and 
(EC) No 1447/19991 (the IUU Regulation). 

General context 

This proposal is made in the context of the implementation of the IUU Regulation and is the 
result  of  investigation  and  dialogue  procedures  which  were  carried  out  in  line  with  the 
substantive and procedural requirements laid out in the IUU Regulation foreseeing inter alia 
that all countries should discharge the duties incumbent upon them under international law as 
flag, port, coastal or market State to prevent, deter and eliminate IUU fishing. 

Existing provisions in the area of the proposal 

Commission  Decision  of  12  December  2014  (OJ  C  453,  17.12.2014,  p.  5)  notifying  a  third 
country  that  the  Commission  considers  as  possible  of  being  identified  as  non-cooperating 
third countries pursuant to Council Regulation (EC) No 1005/2008 establishing a Community 
system to prevent, deter and eliminate illegal, unreported and unregulated fishing. 

Commission  Implementing  Decision  of  23  May  2017  (OJ  C  XXXX,  XX.XX.2017,  p  …) 
identifying Saint Vincent and the Grenadines as a non-cooperating third countries in fighting 
illegal, unreported and unregulated fishing. 

Consistency with other policies and objectives of the Union 

Not applicable. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Consultation of interested parties 

Interested  parties  concerned  by  the  proceeding  have  had  the  possibility  to  defend  their 
interests during the investigation and dialogue procedures, in line with the provisions of the 
IUU Regulation. 

Collection and use of expertise 

There was no need for external expertise. 

Impact assessment 

This proposal is the result of the implementation of the IUU Regulation. 

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OJ L 286, 29.10.2008, p. 1. 

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The IUU Regulation does not contain provisions for a general impact assessment but contains 
an exhaustive list of conditions that have to be assessed. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

On 12 December 2014 the Commission, by Commission Decision, notified Saint Vincent and 
the  Grenadines  that  the  Commission  considers  as  possible  of  being  identified  as  non-
cooperating country pursuant to the IUU Regulation.  

The Commission initiated démarches in respect of Saint Vincent and the Grenadines. These 
démarches consisted inter alia of actions providing reasons of its actions, opportunity for the 
country to respond and refute, right to ask for and provide additional  information, proposed 
actions plan to remedy the situation as well as adequate time to answer and reasonable time to 
remedy the situation.  

On 23 May 2017 the Commission, by Commission Implementing Decision, identified Saint 
Vincent  and  the  Grenadines  as  a  third  country  that  the  Commission  considers  as  a  non-
cooperating third country pursuant to the IUU Regulation. 

The  attached  proposal  for  a  Council  Implementing  Decision  is  based  on  the  findings  which 
have  confirmed  that  Saint  Vincent  and  the  Grenadines  has  failed  to  discharge  the  duties 
incumbent upon it under international law as flag, port, coastal or market State.  

It is therefore proposed that the Council adopts the attached proposal for a Decision. 

Legal basis 

Council Regulation (EC) No 1005/2008 of 29 September 2008 on establishing a Community 
system to prevent, deter and eliminate IUU fishing. 

Subsidiarity principle 

The proposal  falls  under the exclusive competence of the European Union. The subsidiarity 
principle therefore does not apply. 

Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

The  form  of  action  is  described  in  the  IUU  Regulation  and  leaves  no  scope  for  national 
decision. 

Indication  of  how  financial  and  administrative  burden  falling  upon  the  Union,  national 
governments, regional and local authorities, economic operators and citizens is minimised and 
proportionate to the objective of the proposal is not applicable. 

Choice of instruments 

Proposed instruments: decision. 

Other means would not be adequate for the following reason: 

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Other  means  would  not  be  adequate  because  the  IUU  Regulation  does  not  provide  for 
alternative options. 

4. 

BUDGETARY IMPLICATION  

The proposal has no implication for the Union budget. 

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2017/0101 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

amending Implementing Decision 2014/170/EU, establishing a list of non-cooperating 
third countries in fighting illegal, unreported and unregulated fishing, as regards Saint 
Vincent and the Grenadines 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having regard to 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  Regulations  (EEC)  No  2847/93,  (EC)  No  1936/2001  and  (EC)  No 
601/2004  and  repealing  Regulations  (EC)  No  1093/94  and  (EC)  No  1447/19992,  and  in 
particular Article 33 thereof, 

Having regard to the proposal submitted by the European Commission,  

Whereas: 

1. 

(1) 

(2) 

(3) 

(4) 

(5) 

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INTRODUCTION 

Regulation  (EC)  No  1005/2008  (the  IUU  Regulation)  establishes  a  Union  system  to 
prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing. 

Chapter  VI  of  the  IUU  Regulation  lays  down  the  procedure  with  respect  to  the 
identification  of  non-cooperating  third  countries,  démarches  in  respect  of  countries 
identified  as  non-cooperating  third  countries,  the  establishment  of  a  list  of  non-
cooperating third countries, removal from the list of non-cooperating third countries, 
publicity of the list of non-cooperating third countries and any emergency measures. 

On  24  March  2014,  the  Council  adopted  Implementing  Decision  2014/170/EU 
establishing a list of non-cooperating third countries in fighting IUU fishing pursuant 
to Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter 
and eliminate illegal, unreported and unregulated fishing. 

In  accordance  with  Article  32  of  the  IUU  Regulation,  by  Decision  of  12  December 
2014 ('Decision of 12 December 2014')3, the Commission notified Saint Vincent and 
the  Grenadines  of  the  possibility  of  being  identified  as  a  country  which  the 
Commission considers as non-cooperating third country. 

In  the  Decision  of  12  December  2014,  the  Commission  included  the  information 
concerning 
the  essential  facts  and  considerations  underlying  such  possible 
identification. 

OJ L 286, 29.10.2008, p. 1. 
Commission Decision of 12 December 2014 notifying a third country that the Commission considers as 
possible of being identified as non-cooperating third countries pursuant to Council Regulation (EC) No 
1005/2008  establishing  a  Community  system  to  prevent,  deter  and  eliminate  illegal,  unreported  and 
unregulated fishing  (JO C 453 17.12.2014, p. 5).  

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(6) 

(7) 

(8) 

(9) 

The Decision was notified to Saint Vincent and the Grenadines together with a letter 
suggesting Saint Vincent and the Grenadines to implement, in close cooperation with 
the Commission, an action plan to rectify the identified shortcomings. 

The Commission invited Saint Vincent and the Grenadines in particular (i) to take all 
necessary measures to implement the actions contained in the action plan suggested by 
the  Commission;  (ii)  to  assess  the  implementation  of  the  actions  contained  in  the 
action plan suggested by the Commission; and (iii) to send every six months a detailed 
report to the Commission assessing the implementation of each action as regards, inter 
alia, its individual and/or overall effectiveness in ensuring a fully compliant fisheries 
control system. 

Saint  Vincent  and  the  Grenadines  was  given  the  opportunity  to  respond  to  the 
Decision of 12 December 2014 as well as to other relevant information communicated 
by  the  Commission,  allowing  it  to  submit  evidence  refuting  or  completing  the  facts 
stated  in  the  Decision  of  12  December  2014.  Saint  Vincent  and  the  Grenadines  was 
assured of its right to ask for, or to provide, additional information. 

By its Decision and letter of 12 December 2014, the Commission opened a process of 
dialogue  with  Saint  Vincent  and  the  Grenadines  and  highlighted  that  it  considered  a 
period of six months as being sufficient in principle for reaching an agreement. 

(10)  The  Commission  continued  to  seek  and  verify  all  information  it  deemed  necessary. 
The  oral  and  written  comments  submitted  by  Saint  Vincent  and  the  Grenadines 
following the Decision of 12 December 2014 were considered and taken into account. 
Saint Vincent and the Grenadines was kept informed, either orally or in writing, of the 
Commission's deliberations. 

(11)  The Commission however took the view that the areas of concern and shortcomings as 
described in the Decision of 12 December 2014 had not been addressed sufficiently by 
Saint  Vincent  and  the  Grenadines.  Moreover,  the  Commission  concluded  that  the 
measures of the plan of action had not been fully implemented. As a consequence the 
Commission adopted Implementing Decision 2017/xxx/EU4, identifying Saint Vincent 
and the Grenadines as a non-cooperating third country in fighting IUU fishing. 

(12)  Based  on  the  investigation  and  dialogue  procedures  carried  out  by  the  Commission, 
including  the  correspondence  exchanged  and  the  meetings  held,  and  the  reasons 
underlying  the  Decision  of  12  December  2014  and  Implementing  Decision 
2017/xxx/EU, it is appropriate to place  Saint Vincent and the Grenadines on the list of 
non-cooperating third countries in fighting IUU fishing. 

(13)  Pursuant  to  Article  34(1)  of  the  IUU  Regulation  the  Council,  acting  by  qualified 
majority on a proposal from the Commission, is to remove a third country from the list 
of non-cooperating third countries if that country demonstrates that the situation that 
warranted  its  listing  has  been  rectified.  A  removal  decision  is  also  to  take  into 
consideration  whether  the  identified  third  countries  concerned  have  taken  concrete 
measures capable of achieving a lasting improvement of the situation. 

2. 

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PROCEDURE  WITH  RESPECT  TO  SAINT  VINCENT  AND  THE 
GRENADINES 

Commission  Implementing Decision  2017/xxx/EU  of 23  May 2017  identifying  Saint Vincent  and  the 
Grenadines  as  a  non-cooperating  third  country  in  fighting  illegal,  unreported  and  unregulated  fishing 
(OJ L xx, dd.mmmm.2017, p. x). 

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(14)  On  12  December  2014,  the  Commission  notified  Saint  Vincent  and  the  Grenadines 
pursuant  to  Article  32  of  the  IUU  Regulation  that  it  considered  the  possibility  of 
identifying Saint Vincent and the Grenadines as a non-cooperating third country and 
invited  Saint  Vincent  and  the  Grenadines  to  implement  an  action  plan  in  close 
cooperation with its services to rectify the shortcomings identified in the Decision of 
12  December  2014.  Since  that  Decision,  Saint  Vincent  and  the  Grenadines  made 
written  submissions  making  its  views  known  and  met  the  Commission  to  discuss 
relevant  points.  The  Commission  provided  Saint  Vincent  and  the  Grenadines  with 
relevant  information  in  writing.  The  Commission  continued  to  seek  and  verify  all 
information  it deemed  necessary. The oral and written comments submitted by Saint 
Vincent  and  the  Grenadines  following  the  Decision  of  12  December  2014  were 
considered and taken into account, while Saint Vincent and the Grenadines was kept 
informed  either  orally  or  in  writing  of  the  Commission's  deliberations.  The 
Commission took the view that the areas of concern and shortcomings as described in 
the  Decision  of  12  December  2014  had  not  been  addressed  sufficiently  by  Saint 
Vincent and the Grenadines. Moreover, the Commission concluded that the measures 
suggested in a plan of action had not been fully implemented. 

3. 

(15) 

IDENTIFICATION  OF  SAINT  VINCENT  AND  THE  GRENADINES  AS  A 
NON-COOPERATING THIRD COUNTRY 

In  the  Decision  of  12  December  2014,  the  Commission  analysed  the  duties  of  Saint 
Vincent  and  the  Grenadines  and  evaluated  its  compliance  with  its  international 
obligations  as  flag,  port,  coastal  or  market  State.  For  the  purpose  of  that  review,  the 
Commission took into account the parameters listed in Article 31(4) to (7) of the IUU 
Regulation. 

(16)  The Commission reviewed the compliance of Saint Vincent and the Grenadines in line 
with the findings of the Decision of 12 December 2014, and having regard to relevant 
information provided thereon by Saint Vincent and the Grenadines, the suggested plan 
of action, and the measures taken to rectify the situation. 

(17)  The main shortcomings identified by the Commission in the suggested plan of action 
were  related  to  several  failures  to  implement  international  law  obligations,  linked  in 
particular to the failure to adopt an adequate legal framework, the lack of an adequate 
and  efficient  monitoring  system,  the  lack  of  an  observer  scheme  and  the  lack  of  a 
deterrent sanctioning system. Other identified shortcomings relate, more generally, to 
compliance  with  international  obligations,  including  Regional  Fisheries Management 
Organisations recommendations and resolutions, and the conditions for registration of 
vessels  according  to  international  law.  A  lack  of  compliance  with  recommendations 
and resolutions from relevant bodies such as the International Plan of Action against 
Illegal,  Unreported  and  Unregulated  fishing  and  the  Guidelines  on  Flag  State 
Performance  of  the  United  Nations  were  also  identified.  However,  the  lack  of 
compliance  with  non-binding  recommendations  and  resolutions  was  considered  only 
as supporting evidence and not as a basis for the identification. 

(18) 

In Implementing Decision 2017/xxx/EU, the Commission identified Saint Vincent and 
the Grenadines as a non-cooperating third country pursuant to the IUU Regulation. 

(19)  With  respect  to  the  possible  constraints  upon  Saint  Vincent  and  the  Grenadines  as  a 
developing  country,  it  is  noted  that  the  specific  development  status  and  overall 
performance  of  Saint  Vincent  and  the  Grenadines  with  respect  to  fisheries  are  not 
impaired by its general level of development. 

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(20)  Having  regards  to  the  Decision  of  12  December  2014  and  Implementing  Decision 
2017/xxx/EU of 23 May 2017, and to the dialogue process with Saint Vincent and the 
Grenadines  held  with  the  Commission  and  its  outcome,  it  can  be  concluded  that  the 
actions  undertaken  by Saint  Vincent  and  the Grenadines  in  light  of  its  duties  as  flag 
State  are  insufficient  to  comply  with  Articles  63,  64,  91,  94  and  117  of  the  United 
Nations Convention on the Law of the Sea, Articles 7, 18, 19, 20 and 23 of the United 
Nations  Agreement  for  the  Implementation  of  the  Provisions  of  the  United  Nations 
Convention on the Law of the Sea of 10 December 1982 relating to the Conservation 
and  Management  of  Straddling  Fish  Stocks  and  Highly  Migratory  Fish  Stocks 
(UNFSA),and  Article  III(8)  of 
to  promote  compliance  with 
the  Agreement 
international  conservation  and  management  measures  by  fishing  vessels  on  the  high 
seas of the United Nations. 

(21)  Thus,  Saint  Vincent  and  the  Grenadines  has  failed  to  discharge  its  duties  under 
international  law  as  flag  State  to  take  action  to  prevent,  deter  and  eliminate  IUU 
fishing. 

4. 

(22) 

ESTABLISHMENT  OF  A  LIST  OF  NON-COOPERATING  THIRD 
COUNTRIES 

In view of the conclusions reached with regard Saint Vincent and the Grenadines, that 
country should be added, in accordance with Article 33 of the IUU Regulation, to the 
list  of  non-cooperating  third  countries  established  by  the  Implementing  Decision 
2014/170/EU.  Implementing  Decision  2014/170/EU  should  therefore  be  amended 
accordingly. 

(23)  The  inclusion  of  Saint  Vincent  and  the  Grenadines  in  the  list  of  non-cooperating 
countries in the fight against IUU fishing entails the application of the measures laid 
down  in  Article  38  of  the  IUU  Regulation.  Article  38(1)  of  the  IUU  Regulation 
provides  for  the  prohibition  of  importation  of  fisheries  products  caught  by  vessels 
flying  the  flag  of  non-cooperating  countries.  In  the  case  of  Saint  Vincent  and  the 
Grenadines that prohibition should cover all stocks and species, as defined in Article 
2(8) of the IUU Regulation, since the lack of appropriate measures adopted in relation 
to IUU fishing leading to the identification of Saint Vincent and the Grenadines as a 
non-cooperating third country is not limited to  a given stock or species. 

(24) 

(25) 

It is noted that IUU fishing, inter alia, depletes fish stocks, destroys marine habitats, 
undermines  the  conservation  and  sustainable  use  of  marine  resources,  distorts 
competition, endangers food security, puts honest fishermen at an unfair disadvantage 
and weakens coastal communities. In view of the magnitude of the problems related to 
IUU fishing, it is considered necessary for the Union to expeditiously implement the 
actions in respect to Saint Vincent and the Grenadines as a non-cooperating country. 
As a consequence, this Decision should enter into force on the day following that of its 
publication in the Official Journal of the European Union. 

If Saint Vincent and the Grenadines demonstrates that the situation that warranted its 
listing has been rectified, the Council, acting by qualified majority on a proposal from 
the Commission, is to remove Saint Vincent and the Grenadines from the list of non-
cooperating  third  countries  in  line  with  Article  34(1)  of  the  IUU  Regulation.  Any 
removal  decision  should  also  take  into  consideration  whether  Saint  Vincent  and  the 
Grenadines has  taken concrete measures capable of achieving a lasting improvement 
of the situation. 

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HAS ADOPTED THIS DECISION:  

Article 1 

"Saint  Vincent  and  the  Grenadines"  shall  be  added  in  the  Annex  to  Implementing  Decision 
2014/170/EU. 

Article 2 

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

Done at Brussels, 

For the Council 
The President 

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