Explanatory Memorandum to COM(2011)888 - Measures in relation to countries allowing non-sustainable fishing for the purpose of the conservation of fish stocks - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2011)888 - Measures in relation to countries allowing non-sustainable fishing for the purpose of the conservation of fish stocks. |
|---|---|
| source | COM(2011)888  |
| date | 14-12-2011 |
The UN Convention on the Law of the Sea[1] as well as the UN Fish Stocks Agreement[2] require coastal States and States whose fleets fish for such stocks on adjacent high seas to cooperate in managing responsibly straddling and highly migratory fish stocks and stocks occurring in adjacent economic exclusive zones in order to ensure their long-term sustainability, either by direct consultation amongst each other or via the appropriate Regional Fisheries Management Organizations (RFMOs).
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 lacking good will to work towards agreed measures may lead to considerable depletion of the fish stock in question even if other States engage in moderating 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. Therefore, it is necessary to provide the EU with the means to take effective measures against States not cooperating in good faith in the adoption of agreed management measures or responsible for measures and practices that lead to over-exploitation of stocks, in order to create a disincentive for the continuation of this unsustainable fishing. The present proposal aims at setting out a swift and effective mechanism to use trade and other type of measures in situations like the ones described above. These measures would aim at promoting cooperation among States concerned for the adoption of appropriate and, to the extent possible, agreed conservation measures for the stocks in question so as to ensure the optimum utilization of such stocks.
Contents
The annual consultations with non-EU coastal states on the management of stocks of common interest gives an occasion to consult with stakeholders on how to react in cases where cooperation by a given third country is not forthcoming. Generally speaking, stakeholders request from the Commission the adoption of trade restrictions and other types of measures as a means to put pressure on those countries so that they would agree to enter into a meaningful negotiation and find a fair solution guaranteeing the sustainability of the stocks of common interest.
The preparation of an impact assessment for this proposal was preceded by a targeted consultation on the use of trade and other types of measures as a means to induce a reduction in the intensity of fishing by third countries allowing non-sustainable fishing . Most stakeholders, with the sole exception perhaps of the processing industry, were plainly in favour of the adoption of trade-related and other types of measures.
An impact assessment was conducted for this proposal and its executive summary is accompanying this proposal. Essentially, the impact assessment analysed the environmental, economic and social impacts of measures ranging from a 'zero option' to a total ban on importations of the fish and fishery products in question, and including both measures that might extend beyond the trade context and non-legislative approaches. The conclusion of the impact assessment was that it would be pertinent to provide the EU with an instrument allowing the swift adoption of measures, mostly trade-related. The measures would be introduced against countries which allow fishing that is conducted in a non-sustainable way that threatens the conservation of fish stocks. Indications of the possible form and content of the instrument were also suggested in the impact assessment. During preparation of the measure, it has become clear that the legal basis should be Article 43(2) and 207TFEU since the ultimate objective of the regulation is to promote conservation of fish stocks and the range of measures considered is not limited to trade-related ones.
Article 1 defines the main purpose of the Regulation: to set out a procedure so that equitable cost-effective measures can be taken in order to promote fisheries sustainability.
Articles 2 to 5 describe which countries are to be targeted by the measures (countries allowing non-sustainable fishing), the different types of measures that may be adopted and the conditions determining where and when they may be adopted. Article 4 stipulates in particular that the measures are to be adopted as Commission implementing acts (in general the examination procedure would be applicable). Where a requirement for measures to be consistent with the EU international commitments is mentioned, compatibility with the obligations of the EU under the WTO Agreement is meant in particular as far as trade restrictions are concerned.
Article 6 defines certain due process steps than shall be undertaken prior to the adoption of the measures vis-à-vis the countries allowing non-sustainable fishing . These demarches should allow the countries concerned to be heard and provide them an opportunity to rectify their actions. Article 7 determines the period of application of the measures, subject to the adoption of corrective measures by the countries concerned.
Article 8 defines the Committee that will assist the Commission in implementing the Regulation.
The entry into force of the Regulation is set out in Article 9 as 20 days after publication.
There is no budgetary implication