Session 3 Market Access The ECIUU Regulation

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Session 3 Market AccessThe EC-IUU Regulation

• Prepared by
• Gilles Hosch
• Adviser to the ACP Secretariat

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THE EC IUU REGULATION

• EC Council regulation (EC) No. 1005/2008 of
  September 29 2008 establishing a Community system
  to prevent, deter and eliminate illegal,
  unreported and unregulated fishing

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From the preamble

• (7) In line with the definition of IUU fishing,
  the scope of this Regulation should extend to
  fishing activities carried out on the high seas
  and in maritime waters under the jurisdiction or
  sovereignty of coastal countries, including
  maritime waters under the jurisdiction or
  sovereignty of the Member States.

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ACP reaction
87th Council of Ministers Resolution, June 2008

• 2. Calls upon the EC to remove any provision of
  a discriminatory nature and with extraterritorial
  connotation from its proposal for an EU Council
  Regulation establishing a Community system to
  prevent, deter and eliminate illegal, unreported
  and unregulated fishing, which is due to be
  adopted in June 2008

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So

• EC Council Regulation 1005/2008 enters into force
  on 1st January, 2010

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The Regulation

• Main objectives
• eliminate influx of IUU fisheries products into
  the EU market (current estimate 1 billion /y)
• Eliminate IUU fishing by EU operators
• Mechanisms Catch certification scheme / List of
  non-cooperating countries / IUU vessel list and
  Control over nationals
• Scope excludes inland fisheries and many bivalves

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Catch certification scheme

• Catch certificate prepared by f.v.
• Validated by flag State of fishing vessel
• Community Port State control system
• Direct and indirect exports
• 3 day notice and submission of documents
• Processing and approved economic operators
• Third country duties (indirect export
  processing
• RFMO schemes

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EC IUU vessel list

• Includes vessels on RFMO IUU lists
• Vessels put on list if flag States fail to take
  requested enforcement action
• Actions against listed vessels (selection)
• Prohibition to import products
• Prohibition to enter EU ports, but allowed to
  enter for scrapping. No services.
• Prohibition to reflag to EU flag
• EU IUU vessels may only use home port and lose
  licenses and authorizations

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Non-cooperating countries

• A new list for States of non-compliance
• Fails to discharge its duties under international
  law as flag, coastal, port or market State to
  combat IUU fishing
• Considerations Members of RFMOs? Cooperating
  with EC? Ratifying and implementing
  international instruments? Actively combating IUU
  fishing?
• Sanctions Cutting fisheries ties between the EU
  and such listed States

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Control over nationals

• Applicable to nationals subject to the
  jurisdiction of EU member States
• Prohibition to be associated in any form or
  manner with IUU fishing interests, irrespective
  of place, flag, etc.
• Provisions for second offence and criminal
  sanctions are made
• But no list this time, unfortunately

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Impact on ACP countries

• ACP flag States must assume control over their
  vessels to avoid sanctions
• ACP coastal States under pressure to step up
  action against IUU fishing
• ACP third States must develop a competent
  authority to deal with certification scheme
  costly!
• Large measure of uncertainty in what / how
  standards will be applied (discretion)

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Pointers for ACP countries

• Assimilate regulation at national level and run a
  needs analysis (different for every situation)
• Push political agenda to better combat IUU
  fishing at the national level
• Request the EU for assistance to implement the
  regulation, where needed
• Combat IUU fishing by requesting the same
  certification for fisheries products imported
  from the EU as of January 2010

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Thank you for your attention
Resolution Articles 10, 11, 26, 27