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

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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.
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PRESENTATION SUMMARY

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

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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.

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ADEQUATE AND EFFECTIVE LEGISLATIVE FRAMEWORKS

• Data collection
• Fishing vessel monitoring
• Port state verification

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TRANSPARENT ADMINISTRATIVE PROCEDURES

• Licensing
• Verification of catches
• Data collection and analysis
• Authorization to fish

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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

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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.

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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

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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.

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Thank you for listening