NWWAC condemns EU’s rushed fisheries control regulation, citing disproportionate enforcement, unsafe inspection rules, poor consultation, and fragmented implementation
Advisory Council Demands Full Revision
The North Western Waters Advisory Council (NWWAC) has issued a detailed 15-page critique of the European Commission’s draft Delegated Regulation on fisheries control, calling the consultation process inadequate, the proposed measures unworkable, and several safety and enforcement provisions “disproportionate and inconsistent” with EU law.
Inadequate Consultation and Procedural Failings
The NWWAC said the consultation process conducted by the European Commission’s Directorate-General for Maritime Affairs and Fisheries (DG MARE) was “procedural rather than meaningful.” The four-week consultation window, held between 15 July and 12 August 2025, fell during the summer recess — a period when most Advisory Councils, producer organisations, and national administrations were inactive.
According to the Council, this “effectively excluded stakeholders from meaningful engagement” and undermined the spirit of cooperation required under the Common Fisheries Policy. It said the Commission’s process “appeared more focused on fulfilling procedural obligations than on seeking genuine dialogue or expert feedback.”
The NWWAC warned that the rushed consultation “sets a poor precedent for future governance” and called on the Commission to reopen discussions with Advisory Councils before adopting the new control measures.
Enforcement Powers and Legal Certainty
The Council raised strong objections to the lack of defined time limits for investigations and vessel monitoring interruptions. Under the current draft, the Commission allows national authorities to suspend or remove vessel monitoring systems (VMS) during investigations without any specified duration.
NWWAC said this could leave vessels immobilised indefinitely, placing disproportionate financial burdens on owners. It recommended clear time limits for such suspensions and called for harmonised procedures across Member States to avoid arbitrary enforcement.
It also criticised the draft for failing to include safeguards for operators when non-compliance results from bad weather, technical malfunction, or unavoidable delays. “Provisions must include reasonable tolerance for circumstances beyond a vessel’s control,” the Council stated.
Overreach in Inspection and Penalties
The NWWAC argued that the proposed regulation extends inspection powers beyond what is necessary and proportionate. The removal of the four-hour limit for on-board inspections, the Council said, “risks excessive interference in normal fishing operations.” It recommended that inspections remain time-bound unless exceptional circumstances justify longer durations.
Concerns were also raised about penalties and quota deductions. The draft allows quota reductions for unreported catches and administrative errors, even when the fault lies with authorities or system malfunctions. The Council said this approach “violates the principle of proportionality” and demanded that responsibility for such errors rest with public authorities, not vessel operators.
Safety Concerns Over Boarding Ladders
A significant portion of the NWWAC’s submission focuses on outdated safety standards for boarding ladders used during inspections. The current regulation still mandates construction using materials such as hardwood and manila rope — specifications that the Council described as “obsolete and unsafe.”
The NWWAC urged DG MARE, the European Fisheries Control Agency (EFCA), and Member States to establish harmonised safety standards allowing the use of modern, durable materials. “The safety of both inspectors and crew must be treated as a fundamental operational priority,” the Council said.
It also proposed that replacement of ladders and related equipment be eligible for funding under the European Maritime, Fisheries and Aquaculture Fund (EMFAF), since many vessels would face “substantial unplanned costs” to meet revised safety requirements.
Fragmented Implementation and Data Systems
The NWWAC warned that the draft regulation risks fragmenting the EU control framework by allowing Member States to interpret data transmission and reporting rules differently. It said that without uniform digital standards, “there will be no level playing field across the EU, undermining transparency and fairness.”
The Council called for a centralised, harmonised system for data exchange to ensure consistent application of vessel monitoring, electronic logbooks, and remote electronic monitoring (REM). It noted that several proposed obligations duplicate existing reporting systems, increasing administrative complexity for operators.
Administrative Burden and Technical Realism
NWWAC said many of the proposed reporting and data-retention obligations were “technically unrealistic and economically damaging.” The Council argued that small and medium-sized vessels lack the capacity to comply with complex digital systems, particularly in remote ports or areas with poor connectivity.
It warned that these administrative burdens could “drive smaller operators out of business” and contradict the EU’s stated goal of supporting small-scale and low-impact fishing.
The Council also questioned whether Member States’ authorities have the resources or personnel to implement the regulation within the proposed timelines, citing ongoing staffing and technical shortages across several national control agencies.
Calls for Harmonised Enforcement and Dialogue
NWWAC reiterated its call for consistent enforcement across all EU Member States and equal treatment for EU and non-EU vessels. It said the current proposal risks creating “legal asymmetry” by imposing strict rules on EU operators while leaving foreign fleets largely unaffected.
The Council urged DG MARE to engage in renewed consultation with industry, Advisory Councils, and national administrations before the Delegated Regulation is finalised. It said any new control framework must “balance safety, environmental protection, and economic viability” and be grounded in “practical, evidence-based enforcement.”
In closing, the NWWAC reaffirmed its commitment to improving fisheries control but warned that the Commission’s draft regulation “in its current form, risks undermining the very principles of fairness, proportionality, and cooperation that the Common Fisheries Policy was built upon.”
