The European Council Regulation on Illegal, Unreported and Unregulated Fishing: An International Fisheries Law Perspective

Abstract

On 29 September 2008, the Council of the European Union (EU) adopted Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fi shing. Essentially, the EU IUU Regulation establishes a framework in which access to EU markets for fi sheries products is partly conditioned by the extent to which a country, area or region of origin is demonstrably or increasingly free of IUU fi shing. Aside from the amendments to US legislation in 2007, the EU IUU Regulation is the only other domestic legislative measure adopted solely to combat IUU fi shing, with four main components: port State measures against third-country vessels, a catch documentation scheme, IUU vessel listing, and listing of non-cooperating States. Th is article analyses the EU IUU Regulation in the context of international fi sheries law, and particularly international eff orts to combat IUU fi shing. It is concluded that the measures outlined in the EU IUU Regulation, despite several ambiguities, are generally consistent with those called for under international fi sheries instruments and measures being implemented by regional fi sheries management organisations. KeywordsEuropean, Council, regulation, illegal, unreported, unregulated, fishing, international, fisheries, law, perspective Kwame MfodwoLecturer, Faculty of Law, Monash University, Australia AbstractOn 29 September 2008, the Council of the European Union (EU) adopted Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fi shing. Essentially, the EU IUU Regulation establishes a framework in which access to EU markets for fi sheries products is partly conditioned by the extent to which a country, area or region of origin is demonstrably or increasingly free of IUU fi shing. Aside from the amendments to US legislation in 2007, the EU IUU Regulation is the only other domestic legislative measure adopted solely to combat IUU fi shing, with four main components: port State measures against third-country vessels, a catch documentation scheme, IUU vessel listing, and listing of non-cooperating States. Th is article analyses the EU IUU Regulation in the context of international fi sheries law, and particularly international eff orts to combat IUU fi shing. It is concluded that the measures outlined in the EU IUU Regulation, despite several ambiguities, are generally consistent with those called for under international fi sheries instruments and measures being implemented by regional fi sheries management organisations.

Blacklisting and the EU as a Global Regulator: The Institutionally Predisposed Norm Breaker

“…This went beyond any previous commitments and meant that the EU moved ahead of other jurisdictions on the international stage. (For an overview of the legal situation internationally at the time, see Tsamenyi et al, 2010. ) The potential for negative externalities to be generated by such a commitment was not lost on EU regulators; the impact assessment preceding the IUU regulation highlights the risk that IUU activities could move abroad and that third countries could act to circumvent the ban (European Commission 2007b).…”

Can anti-illegal, unreported, and unregulated (IUU) fishing trade measures spread internationally? Case study of Australia

“…The focus on IUU as a criminal activity endangering national resources has parallels in the research on IUU-related measures, that has focussed on Australia's role in the CCAMLR and sovereignty claims in the Antarctic space (Baird, 2006;Fallon & Kriwoken, 2004;Hodgson-Johnston, 2015;Österblom & Sumaila, 2011); and in control measures, security and foreign relations (Erceg, 2006;Haward & Bergin, 2016;Mfodwo & Tsamenyi, 2011). Research on the implications of IUU fishing as an economic activity has been explored only in regard to the compatibility of the EU and the US traceability schemes with international law (He, 2018;Tsamenyi et al, 2010) and only very recently the conceptualisation of IUU fishing has been questioned in relation with the sustained livelihoods of small-scale fisheries (Song et al 2020).…”

“…Unilateral trade measures complement port state measures in the goal to prevent IUU products from entering markets based on the provision of traceability documentation that accompanies fish as they transit, and enables the tracing of fish back to the point of harvest. Although the multilateral trade regime generally discourages unilateral measures as potential barriers to trade, these unilateral trade measures to prevent IUU fishing have been deemed compatible with the multilateral trade regime (Tsamenyi, Palma, Milligan, & Mfodwo, 2010). However, scholars have pointed to the need for harmonisation and multilateralisation of such approaches and their extension to other markets (He, 2017).…”

Territorial Extension of the EU Environmental Law and Its Impacts on Emerging Industrial Economies: A Taiwan Case

“…9 For the sake of preserving a sustainable fishery stock and a healthy ocean environment, the effective enforcement of effective regulations that aims to combat CWR illegal, unreported, and unregulated (IUU) fishing at a global scale plays a vital role in reaching the objective. 10 Recognizing the importance of tackling IUU issues, the EU, as the most significant market for fishery products in the world, thus initiates the regulation to prevent, deter, and eliminate IUU fishing (EU IUU Regulation). The EU IUU regulation requires that only marine fisheries products to be certified under the EU catch certification scheme by the competent flag state or exporting state can be imported to or exported from the EU.…”