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Proposal for EU IUU Regulation Presentation to FHL Alesund 4 th April 2008

Proposal for EU IUU Regulation Presentation to FHL Alesund 4 th April 2008. Cliff Morrison Vice President AIPCE. AIPE-CEP is the European Fish Processors Association & the Federation of Importers and Exporters of Fish. Representation from 13 Member State Associations:

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Proposal for EU IUU Regulation Presentation to FHL Alesund 4 th April 2008

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  1. Proposal for EU IUU RegulationPresentation to FHLAlesund4th April 2008 Cliff Morrison Vice President AIPCE

  2. AIPE-CEP is the European Fish Processors Association & the Federation of Importers and Exporters of Fish • Representation from 13 Member State Associations: Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Netherlands, Poland, Portugal, Spain, Sweden, United Kingdom • Norway and Morocco are associate members

  3. Impacts of IUU Fish for AIPCE Members

  4. AIPCE White Fish Study 2007 • 90% All white fish is imported • 88% Cod • 73% Haddock • 71% Saithe • 100% Alaska Pollock Norway and Russia are very important suppliers of fish to EU, particularly Barents Sea Cod.

  5. AIPCE IUU Working Group Established 2006 • Barents Sea Fish Purchase Control Document 06 • Baltic Cod Purchase Control Document in 07 • Polish Federation/AIPCE joint statement Baltic Sea October 07 • Presentation of Control Documents to Russian Fisheries Organisations at WWF conference Murmansk Oct 07 • Proposed EU IUU Legislation Consultation • Next steps • Tuna? • Third party risk-based audit protocol?

  6. Timetable for Implementation of Proposed EU IUU Legislation • Consultation Jan-March 2007 • Draft Legislation published Oct 2007 • Stakeholder consultation? • DG Fish ACFA discussion January 2008 • AIPCE met Director General DG Fish March 2008 • Member State working group ends March 2008 • First reading in Parliament Feb 2008 • Council of Ministers April 2008 • Targeted publication June 2008 (Delay?) • Certification Controls-1 year after publication

  7. Background to EU IUU proposal • EU contribution towards control of IUU • 3-10 Euro billion IUU worldwide • Serious impact on fish stock sustainability and biodiversity • Complements • FAO Voluntary International Action Plan, 2001 • World Summit on Sustainable Development • EU Action Plan 2002 • Revised CFP 2002 • EU Sustainable Development Strategy 2006

  8. Background to EU IUU proposal EU context: • One of the largest fishing fleets • Third largest catching power • Biggest market • Biggest importer, Euro 14 billion in 2005 • Some EU operators known to utilise Flags of Convenience (non-compliance)

  9. Positive EU Complimentary Steps Undertaken to Date • Creation/contribution to RFMOs • Draws in high seas fishing • Port State Controls • Monitoring of trade flows • Adoption of black lists • Partnerships with developing countries • Bilateral fisheries agreements and funding • Revised CFP 2002 • Improved compliance

  10. Independent Assessments of IUU Implications for EU • Vulnerability of EU market to IUU imports • Analysis of means of prevention of IUU • Insufficient sanctions applied by Member States to CFP infringements • Wide range of sanctions applied across member states, so absence of a level playing field.

  11. EU Consultation on IUU LegislationJanuary to March 2007 • Nine points addressed: • Third country vessels in EU waters • Third country imports into EU • Closing EU market to IUU fishery products • Activities EU nationals outside EU • Legal means to ascertain IUU activities • Efficient regime for penalties • Improved action against IUU in RFMOs • Support for developing countries • Increased synergies in MCS

  12. EU Consultation on IUU Legislation • Summary of responses: • Generally positive feed back • Scope of initiative • Most considered OK • Fishing organisations, Community fleet covered by CFP • Unnecessary constraints • Targeted approach • Apply existing legislation more effectively • New legislation only where needed • Impact on developing countries • Note, AIPCE critical of over-burdensome approach

  13. EU Decision Process and Impact Assessment • Existing legislation is only partially applicable • need to convey gravity. • Need to tackle IUU imports • Need to tackle flags of non-compliance • Need for new legislation and not just goodwill • Could target specific fisheries, stocks and risks • But rapidly changing nature IUU • Would require specific and continuing legislation • Could miss targets • Applicability to other waters/developing countries • Costly

  14. EU Decision Process and Impact Assessment • So a new and ambitious approach: • Applicable to Community and non-Community • Clear political principles and regulatory means • Better compliance • Unilateral international measures • Ambitious regulatory instruments • Halt imports of IUU • Address vessels flying flags non-compliance outside Community waters • Improve compliance with rules of CFP within Community waters • Costs will be proportionate to benefits

  15. Legal Framework • Regulation • Efficient strategy against IUU • Whole supply chain • Halt IUU imports • Certification scheme to be established • All fish as direct landings and processed fishery products to be accompanied by a certificate from Flag state confirming legally caught. • New controls on third country vessels landing in EU • To deter operators taking advantage of failures in controls in some states, RFMOs

  16. The Proposed Legislation

  17. Chapter IGeneral Provisions • Article 1- Subject matter and scope • Article 2-Definition • Article 3-Definitions of IUU activities

  18. Chapter IIPort control of third country vessels • Section 1- Access to port by third country vessels • Port State Control Scheme • Prior Notice • Authorisation • Section 2-Port Inspections • Inspection Procedures • Infringement Procedures

  19. Chapter IIIConditions governing access of third countries fisheries products to EU territory • Article 13-Catch certificates • IUU products prohibited • All imports to have validated catch certificates • Flag states to validate all catch data • Catch certificate as per Annex 1

  20. Chapter IIIConditions governing access of third countries fisheries products to EU territory • Article 14 - Catch documentation schemes agreed and in force in the framework of a Regional Fisheries Management Organisation (RFMO) • Catch documents also in full conformance with RFMO requirements. • Article 15 - Indirect importation of fishery products • Flagged vessels landing into other 3rd countries require both certification from Flag state and conformance certification of traceability by the Customs Authorities of the 3rd country.

  21. Chapter IIIConditions governing access of third countries fisheries products to EU territory • Article 18 – Refusal of importation • If non-conformance, or doubt over validity of consignment/certificates then EU will refuse product. • Article 19 - Flag state notifications; audit and cooperative arrangements • Establishes audits and investigations in the exporting country/Flag state in accordance with Article 18.

  22. Chapter IIIConditions governing access of third countries fisheries products to EU territory • Article 16- Exportation of catches made by vessels flying the flag of a Member State • Catch certificate required • Article 17- Verification of catch certificates • Validated catch certificate required 72 hours prior to arrival • Special provisions for flights? • Any investigation completed within 15 days

  23. Chapter IIIConditions governing access of third countries fisheries products to EU territory • Article 20 - Re-exportation • Conditions for products to be re-exported where doubts exist. • Article 21 - Record keeping and dissemination • Establishes records of all imports, relevant certificates and statistics. • The EU will publish data in the Official Journal (OJ)

  24. Chapter IVCommunity alert system • Article 22-Issuance of alerts • Publication on web site and in OJ where doubt of compliance exists • Alert flag state and re-export state where necessary • Article 23-Action following issuance • Investigation • Publication • Action

  25. Chapter VIdentification of vessels engaged in IUU fishing activities • Article 24-Alleged IUU fishing activities • Article 25-Presumed IUU fishing activities • Article 26- Publication of EC IUU vessel list • Article 27- Removal of vessels from EC list • Article 28-Maintenance & publication of list • Article 29-IUU vessel lists from RFMOs

  26. Chapter VINon-cooperating third states • Article 30-Identificationof non-cooperating third states • Article 31-Steps in respect of states identified as non-cooperating third states • Article 32-Establishment of lists of non-cooperating states • Article 33-Removal from lists • Article 34-Publicity • Article 35-Emergency measures

  27. Chapter VIIMeasures in respect of vessels and states involved in IUU activities • Article 36- Action in respect of vessels included in the EC vessels lists • Article 37-Action in respect of non-cooperating states

  28. Chapter VIIINationals • Article 38-Nationals who engage in or support IUU fishing • Article 39-Prevention and sanction

  29. Chapter IXImmediate enforcement measures, sanctions and accompanying sanctions • Article 40 – Scope • Article 41 – Serious infringements • Article 42-Immediate enforcement measures • Article 43- Sanctions for serious infringements • Article 44 – Overall level of sanctions and accompanying sanctions • Article 45- Accompanying sanctions • Article 46 – Liability of legal persons

  30. Chapter XImplementation of provisions adopted within certain Regional Fisheries Management Organisations pertaining to vessel sightings • Article 47 – Sightings at sea • Article 48 – Submissions of information regarding sighted fishing vessels • Article 48 – Investigation of sighted vessels

  31. Chapter XIMutual assistance between the Member States, with the third states and with the Commission and IUU fishing information system • Article 50 • Development of an ‘’IUU fishing information system’’

  32. Chapter XIIFinal Provisions • Article 51- Implementation • Article 52-Committee procedure • Article 53 – Reporting obligations • Article 54 – Repeal • Article 55 – Entry into force • 7 days from publication in OJ • Certification process in chapter III, 1 year after entry into force of Regulation

  33. AIPCE Actions Since Publication of Proposed IUU Regulations in October 2007 • AIPCE fully agrees with regulations in principle • Chapter 3 for imported products and certification is too burdensome and onerous . • DG Fish not appreciative cost & consequences • DG Fish dismissive of concerns at ACFA • Parliamentary Committee ignored AIPCE in February • Meeting with Mr. Fotiardis in March • Respond to next Parliamentary review April • Respond to Council Ministers at national level for April meeting

  34. AIPCE meeting with Mr. Fotiardis Director General, DG Fish, March 08 • Concern expressed over workability of certification system • Multiple certificates possible for prepared fishery product imports • Are third country authorities prepared to conform? • How will it work at BIPs? • Link to other systems, Health and Customs • Recognise third party certified traceability scheme

  35. AIPCE meeting with Mr. Fotiardis Director General, DG Fish, March 08 • DG Response: • Regulation will now apply mainly to third country fishing/imports • EU fleet in own waters will be addressed through new Control Regulations • Cannot be linked to other EU schemes • Cannot accept non-legal industry schemes • Will press third states to comply or prevent access • Need to keep in close contact

  36. Next Steps • We will continue to seek a workable solution to Article 15 and certification scheme • Norway should ensure that their interests are catered for

  37. Thank You for Your Attention

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