Today, the EU ambassadors from member states agreed on the EU Council’s negotiating position regarding a proposal to enhance the EU’s tools for addressing non-EU countries that engage in unsustainable fishing practices affecting shared fish stocks. Regulation (EU) 1226/2012 establishes a framework for the EU to take action against non-EU countries that permit such practices. These actions can include designating a country as allowing non-sustainable fishing and imposing quantitative restrictions on imports of fish and fishery products related to the affected stock or associated species.
“The revised rules will help tackle overfishing by non-EU countries and improve the long-term sustainability of the fish stocks we share with countries outside of the EU. Thanks to the improved framework, we are also ensuring fair competition between EU and non-EU fishers and operators,” explained István Nagy, Hungarian Minister for Agriculture.
The proposal, published by the European Commission (EC) on September 13, 2024, seeks to provide greater clarity and legal certainty regarding the current legislation. The Council’s negotiating mandate retains key elements of the EC’s proposal, which revises the existing rules for addressing situations where third countries fail to cooperate in managing shared fish stocks or do not implement necessary fishery management measures.
This targeted revision clarifies the criteria for identifying a country that permits non-sustainable fishing, enhancing legal certainty. Specifically, it defines ‘failure to cooperate’. It states that a country may be considered to allow non-sustainable fishing if it does not take essential measures, including those related to control.
Once a country is identified as allowing non-sustainable fishing practices, the EU can impose restrictions, such as import bans. Another goal of the proposal is to foster cooperation with the relevant non-EU countries before and after the EU takes action. The Council has enhanced the Commission’s proposal by providing more specific examples of what constitutes ‘failure to cooperate’ in managing a shared fish stock.
Today’s agreement will enable the Council presidency to initiate negotiations with the European Parliament once the Parliament votes on its mandate.
