The EU Council has adopted new rules to better tackle non-sustainable fishing by non-EU countries and ensure fair competition. Photo: European Union
New Rules to Tackle Non-Sustainable Fishing
The Council has formally adopted updated rules to better address non-sustainable fishing practices allowed by non-EU countries for shared fish stocks.
The regulation aims to protect the long-term sustainability of shared fish stocks, ensure fair competition for European fishers, and safeguard EU fishing interests.
The amended regulation will enter into force 20 days after its publication in the EU official journal.
Clearer Rules for Improved Enforcement
The revised regulation makes the rules for identifying countries that permit non-sustainable fishing clearer and more transparent, which in turn improves legal clarity.
Non-EU countries will have a better understanding of the circumstances under which their actions could lead to EU penalties, such as import bans or restrictions on fish and fishery products.
The updated regulation also clarifies the term “failure to cooperate” and provides a list of examples of what constitutes non-cooperative behaviour.
Fostering Improved Cooperation
The regulation also works to foster cooperation with non-EU countries before and after the EU takes action to address non-sustainable fishing practices.
The updated rules ensure continued dialogue and multilateral cooperation with the goal of ensuring the country stops allowing non-sustainable fishing.
Non-EU countries will now have 90 days to reply to a notification regarding the Commission’s intention to identify them as non-cooperative.
Main Points of Regulation (EU) No 1026/2012
1/. Legal Basis & Context
- The regulation is based on the Treaty on the Functioning of the European Union, UNCLOS, and the UN Fish Stocks Agreement.
- It aims to ensure cooperation among countries exploiting shared or migratory fish stocks, often through Regional Fisheries Management Organisations (RFMOs).
2/. Purpose of the Amendment
- Updates the framework for identifying and taking action against third countries that allow non-sustainable fishing of stocks of common interest to the EU.
3/. Key Definitions Updated
- Associated species: Now includes any fish in the same ecosystem as the stock of interest, including those caught as by-catch.
- Unsustainable state: Defined as when a stock is not maintained at levels that can produce maximum sustainable yield, or within safe biological limits, based on the best available scientific advice.
- Failure to cooperate: Clearly defined, including examples such as refusing to consult, unjustified delays, withholding information, and ignoring scientific advice.
4/. Criteria for Identifying Non-Cooperating Countries
- A country can be identified if it fails to adopt, implement, or enforce necessary fishery management measures, including control measures.
- Also applies if a country adopts discriminatory or unilateral measures that could lead to unsustainable fishing, even if the stock is not yet in an unsustainable state due to actions by others.
5/. Procedural Safeguards
- The European Commission must notify the country concerned before taking measures, and inform the European Parliament and Council.
- The country is given a reasonable opportunity (up to 90 days) to respond and remedy the situation.
- If the stock is managed by an RFMO, the Commission must raise the issue with the RFMO’s compliance body first.
6/. Ongoing Dialogue
- Even after measures are adopted, the Commission must continue dialogue and promote cooperation with the country concerned.
7/. Lifting of Measures
- Measures against a country will be lifted once it adopts corrective actions for the conservation and management of the stock, either autonomously or through agreement with the EU and others, and these actions do not undermine EU measures.
8/. Entry into Force
- The regulation enters into force 20 days after publication in the Official Journal of the European Union and is directly applicable in all Member States.
