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 the Republic of Trinidad and Tobago
Date: 2023-09-25
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Trinidad and Tobago, 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, 25.9.2023  COM(2023) 544 final 2023/0330 (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 the Republic of Trinidad and Tobago  
 
EXPLANATORY MEMORANDUM 

1. 

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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  21  April  2016  (OJ  C  144,  23.4.2016,  p.  14)  on  notifying  the 
Republic of Trinidad and Tobago 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  25  September  2023  [C(2023)6303]  (OJ  C  XXXX, 
XX.XX.2023, p …) identifying Trinidad and Tobago as a non-cooperating third countries in 
fighting illegal, unreported and unregulated fishing. 

• 

Consistency with other Union policies 

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 

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

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OJ C 59, 19.2.2021, 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 21 April 2016, the Commission, by Commission Decision, notified Trinidad and Tobago 
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  Trinidad  and  Tobago.  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 25 September 2023, the Commission, by Commission Implementing Decision, identified 
Trinidad and Tobago 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 Trinidad and Tobago 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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2023/0330 (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 the 
Republic of Trinidad and Tobago 

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) 

INTRODUCTION AND PROCEDURE 

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  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/EU3  
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 a Decision of 21 April 2016 
(the 'Decision of 21 April 2016')4, the Commission notified the Republic of Trinidad 
and Tobago (‘Trinidad and Tobago’) of the possibility of its identification as a country 
which the Commission considers as non-cooperating third country. 

(5) 

In  its  Decision  of  21  April  2016,  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 21 April 2016 on notifying a third country of the possibility of being identified 
as  a  non-cooperating  third  country  in  fighting  illegal,  unreported  and  unregulated  fishing  (OJ  C  144, 
23.4.2016, p. 14). 

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(6) 

(7) 

(8) 

(9) 

That  Decision  was  notified  to  Trinidad  and  Tobago  together  with  a  letter  inviting 
Trinidad  and  Tobago  to  implement,  in  close  cooperation  with  the  Commission,  an 
action plan to rectify the identified shortcomings. 

By  its  Decision  of  21  April  2016,  the  Commission  opened  a  dialogue  process  with 
Trinidad and Tobago. 

In  particular,  the  Commission  invited  Trinidad  and  Tobago  to  take  all  necessary 
measures  to  implement  the  actions  contained  in  the  action  plan  suggested  by  the 
Commission and to assess their implementation. 

Trinidad and Tobago was given the opportunity to respond to the Decision of 21 April 
2016 as well as to other relevant information communicated by the Commission, and 
to  submit  evidence  refuting  or  completing  the  facts  stated  in  that  Decision.  Trinidad 
and Tobago was assured of its right to ask for, or to provide, additional information. 

(10)  The  Commission  has  continued  to  seek  and  verify  all  relevant  information.  The  oral 
and written comments submitted by Trinidad and Tobago following the Decision of 21 
April  2016  were  considered  and  taken  into  account.  Physical  as  well  as  virtual 
meetings  were  held  between  Trinidad  and  Tobago  and  the  Commission  to  discuss 
relevant points. Trinidad and Tobago was kept informed, either orally or in writing, of 
the Commission's considerations. 

(11)  On the basis of the information gathered, the Commission established that the areas of 
concern  and  shortcomings  set  out  in  the  Decision  of  21  April  2016  had  not  been 
addressed sufficiently by Trinidad and Tobago. 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  2023/xxx/EU5, 
identifying  Trinidad  and  Tobago  as  a  non-cooperating  third  country  in  fighting  IUU 
fishing (the ‘Implementing Decision of 25 September 2023’). 

(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 21 April 2016 and Implementing Decision of 25 September 
2023,  it  is  appropriate  to  place  Trinidad  and  Tobago  on  the  list  of  non-cooperating 
third countries in fighting IUU fishing. 

2. 

(14) 

IDENTIFICATION OF TRINIDAD AND TOBAGO AS A NON-COOPERATING 
THIRD COUNTRY 

In the Decision of 21 April 2016, the Commission analysed the duties of Trinidad and 
Tobago  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. 

(15)  The  Commission  reviewed  the  compliance  of  Trinidad  and  Tobago  in  line  with  the 
findings  of  the  Decision  of  21  April  2016  and,  with  regard  to  relevant  information 
provided  thereon  by  Trinidad  and  Tobago,  the  suggested  plan  of  action,  and  the 
measures taken to rectify the situation. 

(16)  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 

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Commission  Implementing  Decision  2023/xxx/EU  of  25  September  2023  [C(2023)  6303]  identifying 
Trinidad and Tobago as a non-cooperating third country in fighting illegal, unreported and unregulated 
fishing (OJ L xx, dd.mm.20yy, p. x). 

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adequate  and  updated  legal  framework,  lack  of  efficient  and  adequate  monitoring  of 
fishing vessels flying the flag of Trinidad and Tobago and lack of fisheries inspections 
at port. The identified shortcomings relate, more generally, to the lack of compliance 
with the obligations contained in the United Nations Convention on the Law of the Sea 
(UNCLOS)6,  the  United  Nations  Fish  Stocks  Agreement  (UNFSA)7  and  the 
Agreement  on  Port  State  Measures  to  prevent,  deter  and  eliminate  IUU  fishing 
(PSMA)8.  

(17) 

In Implementing Decision of 25 September 2023, the Commission therefore identified 
Trinidad  and  Tobago  as  a  non-cooperating  third  country  pursuant  to  the  IUU 
Regulation. 

(18)  No  evidence  has  been  found  to  suggest  that  the  failure  of  Trinidad  and  Tobago  to 

discharge its duties under international law is the result of development constraints. 

(19)  Having  regard  to  the  Decision  of  21  April  2016  and  Implementing  Decision  of  25 
September 2023, and to the dialogue process with Trinidad and Tobago held with the 
Commission and its outcome, it is concluded that the actions undertaken by Trinidad 
and Tobago in light of its duties as flag State are insufficient to comply with Articles 
94, 117, 118 and 119 of UNCLOS, Articles 18, 19 and 23 of UNFSA and Articles 6, 
7, 8, 9 and 12 of PSMA. 

(20)  Therefore,  Trinidad  and  Tobago has  failed to  discharge its duties under international 

law as flag State to take action to prevent, deter and eliminate IUU fishing. 

3. 

(21) 

ESTABLISHMENT OF A LIST OF NON-COOPERATING THIRD COUNTRIES 

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

(22)  The inclusion of  Trinidad and Tobago 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 Trinidad and Tobago, that prohibition should 
cover all stocks and species defined in Article 2(8) of the IUU Regulation, as the lack 
of  appropriate  measures  adopted  in  relation  to  IUU  fishing  which  has  led  to  the 
identification of Trinidad and Tobago as a non-cooperating third country is not limited 
to a given stock or species.  

(23) 

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  Trinidad  and  Tobago  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. 

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OJ L 179, 23.6.1998, p. 3. 
OJ L 189, 3.7.1998, p. 17. 
OJ L 191, 22.7.2011, p. 1. 

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(24) 

If  Trinidad  and  Tobago  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 Trinidad and Tobago from the list of non-cooperating third 
countries in line with Article 34(1) of the IUU Regulation. Any such removal decision 
should  also  take  into  consideration  whether  Trinidad  and  Tobago  has  taken  concrete 
measures capable of achieving a lasting improvement of the situation, 

HAS ADOPTED THIS DECISION:  

The Republic of Trinidad and Tobago shall be added to 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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