Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 1026/2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing
Date: 2024-09-13
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: UN convention, conservation of fish stocks, fishing agreement, fishing controls, fishing rights, international cooperation, sea fish, sea fishing, sustainable fisheries, third country

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   EUROPEAN COMMISSION  Brussels, 13.9.2024  COM(2024) 407 final 2024/0224 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 1026/2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
As provided in the United Nations Convention on the Law of the Sea of 10 December 19821 
(‘UNCLOS’) and in 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 
of  4  August  19952  (‘UNFSA’),  the  management  of  certain  shared,  straddling  and  highly 
migratory fish stocks requires the cooperation of all the countries in whose waters the stock 
occurs  (the  coastal  States)  and  the  countries  whose  fleets  exploit  that  stock  (the  fishing 
States).  This  cooperation  may  be  established  in  the  framework  of  regional  fisheries 
management organisations (‘RFMOs’) or, where RFMOs have no competence for the stock in 
question,  by  means  of  ad  hoc  arrangements  among  the  countries  having  an  interest  in  the 
fishery.  Agreement  on  the  management  of  straddling  and  highly  migratory  stocks  is  often 
difficult to reach and requires a genuine willingness of all States concerned to cooperate. The 
adoption  of  unilateral  measures  by  certain  States  may  lead  to  considerable  depletion  of  the 
fish stock in question even if other States take measures to moderate their fishing effort. 

The  EU  being  a  lucrative  market  of  destination  for  fisheries  products,  it  has  a  particular 
responsibility in ensuring that the above-mentioned obligation of cooperation is respected. 

Regulation  (EU)  1026/2012  of  the  European  Parliament  and  of  the  Council  on  certain 
measures for the purpose of the conservation of fish stocks in relation to countries allowing 
non-sustainable  fishing3  lays  down  a  framework  for  the  EU  to  adopt  certain  measures 
regarding  the  fisheries-related  activities  and  policies  of  third  countries  which  allow  non-
sustainable fishing in order to ensure the long-term conservation of stocks of common interest 
to the Union and those third countries. Such measures can include identifying a country as a 
country  allowing  non-sustainable  fishing  and 
imposing  quantitative  restrictions  on 
importations  of  fish  from  the  stock  of  common  interest  that  have  been  caught  under  the 
control  of  that  country  and  on  importations  of  fishery  products  made  of  or  containing  such 
fish. 

The  framework  laid  down  in  Regulation  (EU)  1026/2012  was  used  only  once,  in  2013,  to 
impose import restrictions and port measures targeting Faroese fisheries  of both herring and 
mackerel.  It  played  a  pivotal  role  in  the  conclusion  and  signature,  in  2014,  of  a  mackerel 
sharing  arrangement.  The  EU  lifted  the  measures  adopted  pursuant  to  Regulation  (EU) 
1026/2012 in 2014, following the signature of the sharing agreement and the decrease of the 
unilaterally increased quotas which had led to unsustainable fishing. 

This proposal is a targeted amendment to Regulation (EU) 1026/2012 and is mostly aimed at 
clarifying  certain  elements  of  the  conditions  to  trigger  the  identification  of  a  country  as 
allowing unsustainable fishing, for increased legal certainty. The amendment is also intended 
to  clarify and reinforce the process  for cooperation before and after the EU takes  measures, 

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United Nations Convention on the Law of the Sea of 10 December 1982. 
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 of 4 August 1995. 
Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on 
certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-
sustainable fishing. 

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with the ultimate goal to obtain the cessation of non-sustainable fishing practices as soon as 
possible. 

• 

Consistency with existing policy provisions in the policy area 

This proposal complements, and is consistent with, other provisions of Union law in this area. 
This proposal is in line with Part VI (External Policy) of Regulation (EU) No 1380/2013 on 
the  common  fisheries  policy  (CFP)4.  This  provides  for  the  Union  to  conduct  its  external 
fisheries in  accordance  with  its international  obligations and to  base its  fishing activities on 
regional fisheries cooperation. 

• 

Consistency with other Union policies 

The  proposal  is  in  line  with  the  Union’s  environmental  and  trade  policies,  supporting  the 
overarching objectives of the European Green Deal. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Like  Regulation  (EU)  1026/2012,  this  proposal  is  based  on  Articles  43(2)  and  207  of  the 
Treaty on the Functioning of the European Union (TFEU). 

• 

Subsidiarity (for non-exclusive competence)  

As this proposal falls under the exclusive competence of the Union (Article 3(1)(d) TFEU), 
the subsidiarity principle does not apply. 

• 

Proportionality 

Since  the  proposal  concerns  targeted  amendments  seeking  to  clarify  certain  provisions  of 
Regulation (EU) No 1026/2012, there are no concerns regarding the proportionality principle. 

• 

Choice of the instrument 

The proposed act is a Regulation to be adopted by the European Parliament and the Council, 
given that the act to be amended is a Regulation adopted by the European Parliament and the 
Council. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

3. 

• 

N/A 

This proposal seeks to clarify specific provisions of Regulation (EU) 1026/2012. 

• 

N/A 

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Stakeholder consultations 

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 
the  Common  Fisheries  Policy,  amending  Council  Regulations  (EC)  No  1954/2003  and  (EC)  No 
1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council 
Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22). 

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Collection and use of expertise 

Impact assessment 

Regulatory fitness and simplification 

• 

N/A 

• 

N/A 

• 

N/A 

• 

Fundamental rights  

This proposal has no consequences for the protection of fundamental rights. 

4. 

BUDGETARY IMPLICATIONS 

This proposal has no budgetary implications.  

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

5. 

• 

N/A 

An  implementation  plan  cannot  be  defined  as  Regulation  (EU)  1026/2012  lays  down  the 
framework  for  the  adoption  of  certain  measures  regarding  fisheries-related  activities  and 
policies by third countries. It empowers the Commission to act (identify a country and impose 
measures)  only  under  specific  circumstances  and  it  is  not  possible  to  plan  in  advance  when 
those circumstances will arise and the conditions to trigger the Regulation will be met. 

Explanatory documents (for directives) 

• 

N/A 

• 

Detailed explanation of the specific provisions of the proposal 

This proposal seeks to amend Regulation (EU) No 1026/2012 in three ways. 

First, it seeks to add a new indent to the existing Article 2 “Definitions”, in order to clarify the 
requirement to cooperate under UNCLOS and UNFSA.  

Second, it seeks to clarify that a country may be considered to allow non-sustainable fishing if 
it  does  not  implement  the  necessary  measures,  and  that  such  measures  include  control 
measures.  

Third, it seeks to reinforce the procedures prior and subsequent to the adoption of measures in 
respect to countries allowing non-sustainable fishing. 

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2024/0224 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) No 1026/2012 on certain measures for the purpose of the 
conservation of fish stocks in relation to countries allowing non-sustainable fishing 

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) and 207 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) 

(1) 

(2) 

(3) 

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In  line  with  the  United  Nations  Convention  on  the  Law  of  the  Sea  of  10  December 
19821 (‘UNCLOS’) and the 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  of  4  August  19952    (‘UNFSA’),  the  management  of  certain  straddling  and 
highly migratory fish stocks requires the cooperation of all the countries whose fleets 
exploit that stock. 
Regulation  (EU)  No  1026/20123  of  the  European  Parliament  and  of  the  Council 
establishes a framework  to  allow for the identification and the adoption of measures 
with regard to third countries which fail to cooperate and allow unsustainable fishing 
of a stock of common interest for the Union. 

In  accordance  with  Regulation  (EU)  No  1026/2012  a  country  may  be  identified  as 
allowing  non-sustainable  fishing  if,  among  others,  it  fails  to  cooperate  in  the 
management of a stock of common interest in full compliance with the provisions of 
the  UNCLOS  and  the  UNFSA,  or  any  other  international  agreement  or  norm  of 
international law and if it fails to adopt necessary fishery management measures. 

A  definition  of  “failure  to  cooperate”  should  be  introduced,  to  better  define,  for  the 
purposes of Regulation (EU) No 1026/2012, the scope and meaning of the requirement 
to cooperate pursuant to UNCLOS and UNFSA. 

the  Sea,  OJ  L  179,  23.6.1998,  p.  3,  ELI: 

the  Law  of 
United  Nations  Convention  on 
http://data.europa.eu/eli/convention/1998/392/oj.  
Agreement for the implementing 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 stocks and highly 
migratory fish stocks, OJ L 189, 3.7.1998, p. 17.  
Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on 
certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-
sustainable fishing (OJ L 316, 14.11.2012, p. 34, ELI: http://data.europa.eu/eli/reg/2012/1026/oj.) 

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(4) 

(5) 

It  is  also  necessary  to  clarify  that  a  country  may  be  considered  as  allowing  non-
sustainable  fishing  if  it  does  not  implement  the  necessary  fishery  management 
measures, and that those measures include control measures. 

It is also appropriate to reinforce the procedures prior and subsequent to the adoption 
of measures in respect to countries allowing non-sustainable fishing. 

(6) 

Regulation (EU) No 1026/2012 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Regulation (EU) No 1026/2012 is amended as follows: 

Article 1 

in Article 2, the following point (i) is added: 

(1) 

“ 

(i) 

‘failure  to  cooperate’  means  the  failure  to  engage  in  good  faith  and  have 
meaningful  consultations,  in  which  substantial  effort  is  made,  with  a  view  to 
reaching  an  agreement  on  the  adoption  of  necessary  fishery  management 
measures; examples of failure to cooperate include, but are not limited to: 

(1) 

(2) 

refusal to consult; 

refusal  to  involve  in  the  consultations  all  the  relevant  coastal  States 
and/or fishing parties; 

(3)  unjustified unilateral breaking off of consultations; 

(4)  undue delays; 

(5)  unreasonable information requests; 

(6)  disregard of agreed procedures; 

(7) 

(8) 

(9) 

systematic  refusal  to  take  into  consideration  counter  proposals  or  other 
parties’ interests; 

systemically insisting upon own positions; 

refusal to take into account the best available scientific advice regarding 
the relevant stock or stocks. 

(10)  pursuing  consultations  with  a  view  to  concluding  partial  sharing 
arrangements  excluding  some  relevant  coastal  States  and/or  fishing 
interest,  while  consultations  for 
parties,  for  stocks  of  common 
comprehensive sharing arrangements are still on-going.”. 

(1) 

in Article 3(b), point (i) is replaced by the following: 

“(i) it fails to adopt or implement necessary fishery management measures, including control 
measures in order to ensure the effective conservation and management of stocks of common 
interest; or”; 

(2) 

Article 6 is amended as follows: 

(a) 

the heading is replaced by “Procedures prior and subsequent to the adoption of 
measures in respect to countries allowing non-sustainable fishing”; 

(b)  paragraph (3) is replaced by the following: 

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“3.  Prior to  adopting measures  referred to  in  Article 4, the Commission  shall 
provide the country concerned with a reasonable opportunity to respond to the 
notification in writing and to provide any relevant information.”; 

(c) 

the following paragraphs (4), (5) and (6) are inserted: 

“ 

4.  The  Commission  shall  give  to  the  country  concerned  adequate  time  to  reply  to  the 
notification and a reasonable time to remedy the situation. 

5. Following the adoption of measures pursuant to Article 4, the Commission shall continue to 
engage  with  the  country  concerned,  with  a  view  to  that  country  ceasing  to  allow  non-
sustainable fishing. 

6.  Where  the  country  concerned  enters  into  consultations  with  the  Union  in  good  faith,  the 
Commission shall engage in such consultations expeditiously.”. 

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

Article 2 

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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