No Harmonised EU Approach to Control Plans
Any expectation that these differences are balanced across the EU was also challenged.
Asked whether Ireland’s system aligns with others, Hayes stated, “No two control plans would be identical.”
Adrienne Patterson reinforced that position, stating, “There is no harmonised approach to control plans.”
Mac Lochlainn pressed the implication, asking whether this means “there is not a level playing pitch across Europe”.
No direct contradiction was offered.
Sampling Rules Highlight Uneven Application
The mechanics of Ireland’s sampling regime further illustrate how oversight differs depending on where processing takes place.
Patterson outlined that “one-in-20 landings is monitored upon landing; the remaining 19 go to the factory for weighing after transport without monitoring.”
Manus Boyle challenged the logic, stating, “Surely this monitoring makes no sense when everything can be done in the factory.”
He added, “The captain of the boat… is out on rough seas. He can only give a guesstimate of what his by-catch is… at the factory… everything is there, including cameras.”
Patterson acknowledged the limitation but pointed to regulatory requirements, “We have to work with what is in the control plan… one in 20 landings has to be weighed on landing… sampling has also to be undertaken at landing.”
At processing level, she confirmed that “a minimum of 25 kg per 25 tonnes of fish landed, or 25 kg per transport unit” is required, describing it as “a derogation from 100% separation of the fish.”
However, when asked whether this approach is consistent across Member States, she stated, “There will be different sampling rates and a different sample size taken.”
Oversight Limits Beyond EU Waters
Questions over enforcement extend beyond ports and processing facilities.
Boyle asked what oversight exists when vessels leave EU waters. “Who… has oversight of what the vessels land?”
Patterson replied, “Once a vessel leaves EU waters, we no longer see its logbook… we cannot see what it has caught outside EU waters.”
Boyle responded, “So nobody sees anything.”
Regulator Unclear on Other Member State Systems
Further uncertainty emerged when SFPA official Barry Murphy was asked whether Ireland’s enforcement model reflects those used elsewhere.
“The honest answer is that I do not know. I do not know the system in all of the other member states,” he said.
That admission raises questions about how claims of consistency are assessed when there is limited visibility of how other systems operate.
One Policy in Name, Different Systems In Practice
The dispute has now moved beyond a single hearing into a wider question about whether the Common Fisheries Policy delivers equal oversight across the fishing industry.
Land-based processors in Ireland operate under extensive surveillance, monitoring, and reporting obligations before product can enter the market.
Large pelagic freezer trawlers, including vessels capable of processing hundreds of tonnes per day, operate under a separate legislative framework with different requirements.
The evidence presented suggests that while the policy is common in name, its application remains divided, raising ongoing questions about whether a level playing field genuinely exists.