Draft:EU's response to IUU fishing

Illegal, unreported, and unregulated fishing (IUU) poses a huge threat to our oceans and livelihoods. This is a global issue which refers to practices which violate fishery laws, and carries significant environmental, economic, and social consequences. Combating the issue is important to enhance maritime security and achieve sustainable management of fisheries around the world, and due to the complex nature of IUU fishing as a transboundary issue, requires international cooperation. In response to the global phenomenon, the European Union (EU) has become a key driver of combating the issue through legislations such as the IUU Regulation (EC) 1005/2008.

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  Common forms of IUU fishing

Significance of IUU fishing in a global context

The National Intelligence Council estimates that between 15 to 30 percent of global annual catches are as a result of IUU fishing. Scholars suggest this is perhaps due to the low risks involved since inadequate global governance and gaps in existing international legal frameworks makes identification of illicit practices infrequent. The ease at which fishers participate in IUU activities has significant global implications, for example depletion of fish stocks threatening food security and economic activity, especially in coastal regions heavily reliant on the oceans for sustenance and income. Additionally, disputes stemming from fishing rights often give rise to tensions both between and within countries. Increased risk of maritime piracy and human trafficking are also significant consequences of IUU fishing widely researched, and becoming increasingly acknowledged since some of the most extreme cases of labour exploitation stem from this sector. It is difficult to measure the extent of IUU fishing at regional and national levels due to the lack of data providing credible evidence to support policies used to reduce IUU fishing. However, the challenges posed by IUU fishing have prompted the development of a multifaceted strategy to combat and prevent such illicit practices.

EU's role in addressing IUU fishing

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The EU holds a prominent position on the global fisheries stage, consisting of approximately 79,000 vessels and standing as the largest global importer of fishery products, accounting for 34% of the total world trade in value. This illustrates the extent to which the EU has a role in addressing IUU fishing practices both within its own waters and on a global scale. However, their objective of meeting the Sustainable Development Goal target 14.4 to eradicate IUU fishing by 2020 remains unmet, and constant unsustainable fishing practices therefore raises concerns about the potential presence of products originating from illegal activities in the EU market.

EU Legislation and Regulations

The EU has implemented various measures to combat IUU fishing, both internally and through international cooperation. Existing legislations have been in place to control fisheries for many decades, such as the Common Fisheries Policy (CFP) made in 1970, serving as a fundamental framework for managing fisheries and since then undergoing reforms to emphasize sustainable practices, efficient control systems, and strong enforcement mechanisms. The CFP had more focus on fisheries management than towards combating IUU practices. Following the EU's help in creating the UN's Food and Agriculture Organisation (FAO) International Plan of Action to prevent, deter and eliminate IUU fishing, the EU then published the Community Action Plan for the eradication of IUU fishing in May 2002, which accounted for commitments agreed at international level.

The first key EU regulation directly dedicated to addressing IUU fishing was the IUU Regulation (Regulation (EC) No 1005/2008). This was implemented into force in January 2010, aiming to strengthen the EU’s ability to detect and prevent the trade of illegally harvested products in its market. It covers landings and transhipments of all vessels in EU ports, and trade of all fishery products with the EU. The regulation has helped create an overarching control method by working in conjunction with the Control Regulation and Fishing Authorisation Regulation (since revised as Sustainable Management of External Fishing Fleets- SMEFF). Outlined by the European Parliamentary Research Service (EPRS), its main implementations include a catch certification scheme ensuring only legally caught fish enter the EU market and a carding procedure for uncooperative countries, potentially leading to trade restrictions. The regulation also incorporates port state measures, a published listing of IUU vessels, and provisions for penalizing EU operators involved in IUU activities worldwide. The IUU Regulation complements the primary responsibilities of flag and coastal states in disciplining their vessels and controlling their waters, intervening only when these tools fail to address serious contraventions.

Catch certification: Certificates which prove fishery products entering the EU market have been caught legally, with validation of compliance by the flag state. The EPRS indicates the success of this measure as over 90 countries outside the EU have applied catch certification when exporting to the EU. Though academics are aware that due to the vast amount of vessels located around the world, verification of the certificates can be difficult and therefore focus may be on products of high value which are more likely to be related to IUU practices.

• A subsequent amendment to the catch certification scheme is the CATCH system, launched in 2019, aiming to digitalise currently paper- based certificates. By updating the scheme, policy makers intend to improve traceability and sharing of certificates between the EU Member States, facilitating the fight towards IUU fishing.

Carding system: If exporting flag states do not have efficient control systems to apply catch certifications, the EU's IUU Regulation includes a multi-step process to address non-cooperating countries with a carding system. Initially, the European Commission engages in private dialogue with identified countries to improve fisheries governance, for example through improved monitoring and surveillance. If issues persist, a 'yellow card' is publicly issued, proposing tailored measures for the country to address within a specified deadline. Progress allows for the lifting of the yellow card. Persistent non-cooperation leads to a 'red card,' which involves measures such as import prohibitions by the EU, preventing trade agreements.

• Example- Thailand, being a major exporter of seafood, faces a reduction of fish stocks alongside many other countries around the world, forcing fishing vessels to perform IUU activities to help reduce their costs. Human trafficking is a prominent issue because of this, with Thailand extensively hiring low-paid labour, the majority of which are migrants who are working illegally across borders. The problem is widely acknowledged internationally with increased media attention, providing coercion for the EU to exert their market-power and normative-power in Thailand. They issued a yellow card warning in April 2015, evoking a bilateral dialogue to discuss the problems surrounding IUU fishing in attempt to eliminate them. Improvements in fisheries control once substantial reforms had been implemented by the Thai government showed an improvement in the control of labour conditions in line with the International Labour Organisation (ILO), as well as the success of the EU’s objective to prevent IUU fishing.
  

Examples of international measures the EU have integrated within their IUU Regulation to combat IUU fishing

The catch certificates and carding system are regulations specifically drawn from the IUU Regulation (EC) 1005/2008, however it's also important to note some of the already existing international measures which the EU use to help with enforcement.

Vessel Monitoring System (VMS): The VMS is a term for systems which enable authorities to monitor the movements and activities of fishing vessels. It involves the use of satellite-based tracking devices on fishing vessels, allowing authorities to track their location, speed, course and other relevant information. VMS is a legal requirement in the EU for vessels larger than 15 metres, and non-EU vessels of this size must also have an operational tracking device when in EU waters. This technology plays a crucial role in ensuring the traceability and legality of fishing operations, helping to combat IUU fishing. By making VMS mandatory for certain vessels and integrating its data into broader fisheries management efforts, the EU aims to enhance transparency, deter IUU fishing, and promote sustainable and legal fishing practices.

Port State Measures Agreement (PSMA): The PSMA, which became operative in 2016, was the first legally binding international treaty to directly target IUU fishing, by prohibiting vessels suspected to have participated in IUU fishing from entering ports and landing their fish catch. As of 2021, 69 parties ratified the agreement, and the EU, being one of the first parties to sign the agreement, shows its commitment to international cooperation and elimination of IUU activities by hosting meetings of the PSMA.

EU cooperation with RFMOs: Regional Fishery Management Organisations (RFMOs) are international organisations which collaborate to form effective fisheries management efforts and implement regulations. Some adopted frameworks by RFMOs are implemented into EU law. The National Intelligence Council suggest RFMOs will continuously play a critical role in combating IUU fishing, especially as communication and sharing of information improves between parties, and allows multilateral collaboration between the EU and other organisations such as the United Nations.

Enforcement

The EU IUU Regulation (EC) 1005/2008 provides a framework to combat IUU fishing, however, in order to be effective requires tight monitoring and enforcement by all EU member states. Whilst the EU is the largest market of fishery products, the hotspots of IUU fishing are outside of the EU waters, for example the Gulf of Guinea (GOG) and South China Sea. Therefore, the EU has specific initiatives against illegal maritime activities in locations such as the GoG. The European Commission recognises that collaboration with international organisations to enforce policy is necessary for expanding these initiatives beyond the EU and combating IUU fishing as a global matter.