THE IMPACT OF THE EC REGULATION ON ACP COUNTRIES AND ACP RESPONSES

1. THE IMPACT OF THE EC REGULATION ON ACP COUNTRIES AND ACP RESPONSES Martin Tsamenyi Professor of Law & Director The Australian National Centre for Ocean Resources & Security (ANCORS), University of Wollongong, Australia The Brussels Rural Development Briefings: Fighting against Illegal, Unreported and Unregulated fishing (IUU): Impacts and challenges for ACP countries, 29th April 2009.

2. PRESENTATION SUMMARY • Identification of key implementation requirements • Assessment of steps required by ACP countries to implement the requirements • Concluding comments

3. ELEMENTS OF THE IUU REGULATION • Port state controls over third country fishing vessels • Catch certification requirements • Establishment of a community IUU vessel list • Establishment of a list of non-cooperating third countries.

4. ADEQUATE AND EFFECTIVE LEGISLATIVE FRAMEWORKS • Data collection • Fishing vessel monitoring • Port state verification

5. TRANSPARENT ADMINISTRATIVE PROCEDURES • Licensing • Verification of catches • Data collection and analysis • Authorization to fish

6. RATIFICATION/IMPLEMENTATION OF RELEVANT INTERNATIONAL AND REGIONAL FISHERIES INSTRUMENTS • Identification of relevant international instruments • Administrative and legislative measures required • Participation in RFMOs • Implementation of RFMO conservation and management measures

7. ACCESS AGREEMENTS • Challenges of coastal state supervision of flag State certification • Continued use of domestic-based foreign fishing access agreements will be problematic • Responsibilities of EC member States as verifying authorities under access agreements with ACP countries.

8. WHAT NEEDS TO BE DONE? • Urgent gaps analysis and assessment of the administrative and legislative frameworks in individual ACP countries • Where there are gaps, the urgent development of template legislation and administrative procedures which can be adapted by each ACP countries • Flexible implementation time-table to allow the ACP countries to adjust their domestic processes to meet the requirements of the Regulation

9. CONCLUSION • ACP states are at receiving end of impacts of IUU fishing • IUU regulation is a step in the right direction • However, ACP countries must not bear a disproportionate burden of global efforts to combat IUU • Urgent need for capacity building assistance and a strategy to deliver such assistance.

10. Thank you for listening