Conserving fish stocks in countries with unsustainable fishing

 

SUMMARY OF:

Regulation (EU) No 1026/2012 — measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing

WHAT IS THE AIM OF THIS REGULATION?

• It sets up a system allowing the EU to adopt measures in regard to the activities and policies of certain non-EU countries which allow non-sustainable fishing.
• These measures are designed to help the conservation of fish stocks of common interest* both to the EU and the non-EU countries in question.

KEY POINTS

A country is identified as a country allowing non-sustainable fishing where:

• it fails to cooperate in the management of a stock of common interest in full compliance with the rules agreed in the 1982 United Nations Convention on the Law of the Sea and in the 1995 United Nations Fish Stocks Agreement, or any other international agreement or norm of international law; and
• either:
  • it fails to adopt necessary fishery management measures; or
  • it adopts fishery management measures without due regard to the rights, interests and duties of other countries and the EU which, when cumulated with the measures taken by other countries and the EU, lead to fishing which could result in unsustainable stocks.

Measures the EU can take

Examples of the measures that the European Commission can take in respect of a country allowing non-sustainable fishing include:

• quotas on imports of fish from the stock of common interest that have been caught under the control of that country and on imports of fishery products containing such fish;
• restrictions on the use of EU ports by vessels
  • flying the flag of that country which fish or which transport fish or fish products derived from the stock of common interest and/or associated species,
  • flying another flag that are authorised by that country;
• bans on the purchase by EU fishing companies of a fishing vessel flying the flag of that country;
• bans on the reflagging of fishing vessels flying the flag of an EU country to the flag of that country;
• bans on the export to that country of fishing vessels flying the flag of an EU country or of fishing equipment and supplies needed to fish on the stock of common interest;
• bans on making private trade arrangements between EU fishing operators and that country that enable a fishing vessel flying the flag of an EU country to use fishing opportunities of that country;
• prohibiting joint fishing operations involving EU fishing vessels and fishing vessels flying the flag of that country.

All measures taken must be:

• related to the conservation of the stock of common interest;
• made effective in conjunction with restrictions on fishing by EU vessels, or on production or consumption within the EU, of fish and products containing fish of the species for which the measures have been adopted;
• proportionate to the objectives pursued and compatible with the obligations imposed by international agreements to which the EU is a party and any other relevant norms of international law.

Prior to adopting measures, the Commission must notify the country concerned of the intention to identify it as a country allowing non-sustainable fishing. In such cases, it must immediately inform the European Parliament and the Council.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 17 November 2012.

KEY TERMS

MAIN DOCUMENT

Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (OJ L 316, 14.11.2012, pp. 34-37)

last update 05.12.2017