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 Cameroon
Date: 2023-01-05
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Cameroon, common fisheries policy, conservation of fish stocks, exchange of information, fishing controls, fishing vessel, international cooperation, sea fishing, ship's flag

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   EUROPEAN COMMISSION  Brussels, 5.1.2023  COM(2023) 4 final 2023/0003 (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 Cameroon  
 
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  the  analysis  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  17  February  2021  (OJ  C  59,  19.2.2021,  p.  1)  on  notifying  the 
Republic of Cameroon of the possibility of being identified as a non-cooperating third country 
in  fighting  illegal,  unreported  and  unregulated  fishing  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  5  January  2023  2  identifying  Cameroon  as  a  non-
cooperating third country 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 analysis 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 

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2 

OJ C 59, 19.2.2021, p. 1. 
To be published in OJ early 2023. 

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

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 17 February 2021, the Commission, by Commission Decision, notified Cameroon 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  Cameroon.  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  5  January  2023  the  Commission,  by  Commission  Implementing  Decision,  identified 
Cameroon  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  Cameroon  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. 

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Other means would not be adequate for the following reason: 

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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2023/0003 (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 
Cameroon 

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  1447/19993  (the  IUU 
Regulation), and in particular Article 33 thereof, 

Having regard to the proposal submitted by the European Commission,  

Whereas: 

INTRODUCTION 

(1) 

(2) 

(3) 

(4) 

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  to  identify  non-
cooperating  third  countries,  the  démarches  in  respect  of  such  countries,  the 
establishment  of  a  list  of  such  countries,  the  removal  from  that  list,  the  publicity  of 
that list and any emergency measures. 
On  24  March  2014,  the  Council  adopted  Implementing  Decision  2014/170/EU4  
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 Commission Decision of 17 
February  2021  ('Decision  of  17  February  2021')5,  the  Commission  notified  the 
Republic of Cameroon (hereafter Cameroon) of the possibility of being identified as a 
country which the Commission considers as non-cooperating third country. 

(5) 

In  its  Decision  of  17  February  2021,  the  Commission  included  information  on  the 
essential facts and considerations underlying such possible identification. 

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OJ L 286, 29.10.2008, p. 1. 
Council Implementing Decision of 24 March 2014 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 (OJ L 91, 27.3.2014, p. 43).  
Commission Decision of 17 February 2021 on notifying the Republic of Cameroon of the possibility of 
being  identified  as  a  non-cooperating  third  country  in  fighting  illegal,  unreported  and  unregulated 
fishing (OJ CI 59, 19.2.2021, p. 1).  

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(6) 

(7) 

(8) 

(9) 

The  Decision  was  notified  to  Cameroon  together  with  a  letter  inviting  Cameroon  to 
implement,  in  close  cooperation  with  the  Commission,  an  action  plan  to  rectify  the 
identified shortcomings. 

By its Decision of 17 February 2021, the Commission opened a dialogue process with 
Cameroon. 

The Commission invited Cameroon in particular to: (i) take all necessary measures to 
implement the actions contained in the action plan suggested by the Commission and 
(ii) assess the implementation of the actions contained in the action plan suggested by 
the Commission. 

Cameroon was given the opportunity to respond to the Decision of 17 February 2021 
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  17 
February 2021. Cameroon was assured of its right to ask for, or to provide, additional 
information. 

(10)  The Commission  continued to  seek and verify all  relevant  information.  The oral  and 
written  comments  submitted  by  Cameroon  following  the  Decision  of  17  February 
2021  were  considered  and  taken  into  account.  Cameroon  was  kept  informed,  either 
orally or in writing, of the Commission's considerations. 

(11)  On the basis of the information gathered, the Commission took the view that the areas 
of concern and shortcomings as described in the Decision of 17 February 2021 had not 
been addressed sufficiently by Cameroon. Moreover, the Commission concluded that 
the measures proposed in the plan of action had not been fully implemented.  

(12)  As a consequence the Commission adopted Implementing Decision of 5 January 2023 
identifying Cameroon as a non-cooperating third country in fighting IUU fishing. 

(13)  Based  on  the  investigation  and  dialogue  process  carried  out  by  the  Commission, 
including  the  correspondence  exchanged  and  the  meetings  held,  and  the  reasons 
underlying the Decision of 17 February 2021 and Implementing Decision of 5 January 
2023  identifying  Cameroon  as  a  non-cooperating  third  country  in  fighting  illegal, 
unreported and unregulated fishing, it is appropriate to place Cameroon on the list of 
non-cooperating third countries in fighting IUU fishing. 

1. 

PROCEDURE WITH RESPECT TO CAMEROON  

(14)  On  17  February  2021,  the  Commission  notified  Cameroon  pursuant  to  Article  32  of 
the  IUU  Regulation  that  it  considered  the  possibility  of  identifying  Cameroon  as  a 
non-cooperating  third  country  and  invited  Cameroon  to  implement  an  action  plan  in 
close  cooperation  with  its  services  to  rectify  the  shortcomings  identified  in  the 
Decision  of  17  February  2021.  Since  that  Decision,  Cameroon  made  written 
submissions  making  its  views  known  and  met  virtually  the  Commission  to  discuss 
relevant  points.  The  Commission  provided  Cameroon  with  relevant  information  in 
writing.  The  Commission  continued  to  seek  and  verify  all  information  it  deemed 
necessary.  The  oral  and  written  comments  submitted  by  Cameroon  following  the 
Decision  of  17  February  2021  were  considered  and  taken  into  account,  while 
Cameroon  was  kept  informed  either  orally  or  in  writing  of  the  Commission's 
deliberations.  The  Commission  took  the  view  in  the  Implementing  Decision  of  5 
January  2023  identifying  Cameroon  as  a  non-cooperating  third  country  in  fighting 
  that  the  areas  of  concern  and 
illegal,  unreported  and  unregulated  fishing, 
shortcomings  as  described  in  the  Decision  of  17  February  2021  had  not  been 

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sufficiently  addressed  by  Cameroon.  Moreover,  the  Commission  concluded  that  the 
measures proposed in a plan of action had not been fully implemented. 

2. 

(15) 

IDENTIFICATION  OF  CAMEROON  AS  A  NON-COOPERATING  THIRD 
COUNTRY 

In  the  Decision  of  17  February  2021,  the  Commission  analysed  the  duties  of 
Cameroon 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 criteria listed in Article 31(4) to (7) of the IUU Regulation. 

(16)  The  Commission  reviewed  the  compliance  of  Cameroon  in  line  with  the  findings  of 
the Decision of 17 February 2021, and having regard to relevant information provided 
thereon by Cameroon, the suggested plan of action, and the measures taken to rectify 
the situation. 

(17)  The main shortcomings identified by the Commission were related to several failures 
to  implement  international  law obligations, linked in  particular to  the  adoption of an 
adequate and updated legal framework, lack of clear and transparent registration and 
licensing procedures and lack of efficient and adequate monitoring of fishing vessels. 
The  identified  shortcomings  relate,  more  generally,  to  the  conditions  established  for 
registration of fishing vessels and their control according to international law. A lack 
of alignment with recommendations and resolutions from relevant bodies such as the 
FAO International Plan of Action against Illegal, Unreported and Unregulated Fishing 
of  the  United  Nations  (IPOA-IUU)6  and  FAO  Voluntary  Guidelines  on  Flag  State 
Performance7 was also identified. However, the lack of consistency with non-binding 
recommendations and resolutions was considered only as supporting evidence and not 
as a basis for the identification. 

(18) 

In the Implementing Decision of 5 January 2023, the Commission therefore identified 
Cameroon as a non-cooperating third country pursuant to the IUU Regulation. 

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

(20)  Having regards to the Decision of 17 February 2021, to  Implementing Decision of 5 
January 2023, and to the dialogue process with Cameroon held with the Commission 
and its outcome, it can be concluded that the actions undertaken by Cameroon in light 
of its duties as flag State are insufficient to comply with Articles 91, 92, 94, 117 and 
118 of the United Nations Convention on the Law of the Sea. 

(21)  Thus, Cameroon has failed to discharge its duties under international law as flag State 

to take action to prevent, deter and eliminate IUU fishing. 

3. 

(22) 

ESTABLISHMENT  OF  A  LIST  OF  NON-COOPERATING  THIRD 
COUNTRIES 

In view of the conclusions reached with  regard to  Cameroon, 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. 

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International  Plan  of  Action  to  Prevent,  Deter  and  Eliminate  Illegal,  Unreported  and  Unregulated 
Fishing, Food and Agriculture Organization of the United Nations, 2001. 
Voluntary Guidelines for Flag State Performance, March 2014, retrieved from: http://www.fao.org/3/a-
i4577t.pdf 

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(23)  The inclusion of Cameroon 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  Cameroon  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 Cameroon 
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  compliant  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  Cameroon  as  a  non-cooperating 
country. Therefore, this Decision should enter into force on the day following that of 
its publication in the Official Journal of the European Union. 

If  Cameroon  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 Cameroon 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  Cameroon  has  taken  concrete  measures  capable  of 
achieving a lasting improvement of the situation, 

HAS ADOPTED THIS DECISION:  

Cameroon shall be added in the Annex to Implementing Decision 2014/170/EU. 

Article 1 

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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