1. A market State perspective:
the EU role in the fight against IUU fishing
State of play after 9 years of application of the
EU IUU Regulation
6th GFETW International MCS Network
Bangkok, February 2019 1 1

2. Overview
The fight against IUU fishing as a global challenge: what is the role of the EU?
Reasons for an EU action
The international role of the EU
Scope and principles of the EU IUU fishing policy
Main instruments of the EU IUU Policy
EU catch certification scheme
Cooperation with third countries
IUU Challenges – looking forward

3. WHAT IS THE ROLE OF THE EU?
The fight against IUU fishing as a global challenge
WHAT IS THE ROLE OF THE EU?

4. IUU fishing as a global challenge
The EU actively participates in the fight against IUU since more than a decade:
2002 – adoption of the EU action plan to eradicate IUU fishing
2008 – adoption of the IUU Regulation (in force since 1 January 2010)
2009 – adoption of the Control Regulation (in force since 1 January 2010)

5. IUU fishing as a global challenge

6. Scope and principles of the EU IUU Fishing Policy
Addresses EU responsibilities as flag, coastal, port, and market State and its ''nationals''
BASIC PRINCIPLES
Non-discriminatory: applies to EU Member States and third countries;
To prevent, deter and eliminate fishery products deriving from IUU activities to be traded with the EU
SCOPE
All fishing vessels under any flag in all maritime waters;
All processed and unprocessed marine fishery products;
All trade of fishery products to and from the EU
The EU IUU policy is mainly rooted in EU's market State responsibilities: The EU is the world' largest importer of fishery products: It is essential to ensure traceability in the whole chain – from net to plate – of all fishery products traded with the EU
The EU IUU Regulation does not impose any new obligations to third States. The implementation of the IUU Regulation towards third countries is based on the existing obligations for FLAG, COASTAL, MARKET and PORT STATES deriving from International texts:
IUU Regulation is a non-discriminatory instrument applying to all third countries intending to export fishery products to the EU. It also provides for a series of provisions applicable to Member States (e.g. treatment of nationals and sanctions) that align the EU with its international obligations.
The European Commission notified to the Technical Barriers to Trade (TBT) Committee of the WTO prior to its entry into force.

7. THE CATCH CERTIFICATION SCHEME
Main instruments of the EU IUU fishing policy
THE CATCH CERTIFICATION SCHEME

8. The catch certification scheme as the main operational tool
Main objectives
Application of international rules, laws and regulations of states, including international conservation and management measures
Throughout the whole processing chain (also processing)
Main principle
It relies on Flag State responsibility
The Catch certification scheme is the main operational tool provided by the EU Regulation to ensure that the fishery products that arrive in the EU market do no stem from IUU activities
It is based on the responsibility of the flag State who is responsible to certify that the catches obtained by the vessels flying its flag have been obtained in compliance with applicable rules at international and national level
The catch certificate must accompany all fishery products imported into the EU
Template of the EU catch certificate. Third countries can do their own models but they have to submit it to the European Commission for validation. The format can change but the content has to be there:
Information about the competent validating authority
Details of the fishing vessel, including the name, the flag and home port, the call sign, the IMO number, the fishing vessel license (and validity), and other contact information (telephone, , etc)
Information about the product: species, product code (6-digit code of the customs Harmonised System), catch area; estimated weight, and (when appropriate) the landed weighed as verified by the competent authority
Information about the master of the fishing vessel, including his signature
In case of transhipment, there is also a declaration of transhipment at sea, or the autorisation by the port State of the transhipment at port
Information about the exporter
And finally, in box 9, the validation of the flag State authority certifying that all the information is correct and that the catches have been obtained in respect of the applicable rules
Where products are processed in a country other than the flag State the importer in the EU needs to submit a statement established by the processing plant in the other third
Country and endorse by the competent authorities in the processing State . The statement must give an exact description of the products and must indicate that the products originated from catches
accompanied by a catch certificate. A copy of those catch certificates must be attached to this statement.
This is a fundamental tool to ensure the traceability through the whole supply chain. There is additional information about the importer and the transport details to ensure the traceability of the products

9. The catch certification scheme: scope
Scope: All marine fishery products - processed or unprocessed – which should be imported to the EU must be accompanied by validated catch certificates
Covering:
all fishing activities
all maritime waters (EU, 3rd countries, high seas)
all fishing vessels (EU and 3rd countries)
all means of transport (air, water, land)
Excluded products listed in Annex I of the IUU Regulation (e.g. aquaculture products)
Scope: important to emphasise that applies to all marine products:
- As far as the vessel that has captured the fish is flagged to a non-EU vessel (or, even when captured by a EU-flagged vessel, the product has been processed in a third country)
- Irrespective of the mean of transport by which the products arrives in the EU: direct landing by third country extracting vessel, landing by a reefer or by container
Excluded products: These products include aquaculture products obtained from fry or larvae, freshwater fish, ornamental fish, mussels, oysters, scallops, snails and other products of minor importance. However, products other than fry or larvae derived from the sea and grown in a farm before being sold are subject to the catch certificate requirement. In addition, fish waste and other by-products are excluded such as fish meals and oils. There is a full list of excluded products in the IUU regulation which is reviewed annually.

10. Validation of Catch Certificates
WHO VALIDATES?
The competent authority in the flag State of the catching vessel
WHAT is the OBJECTIVE?
To ensure that only fishery products obtained under the applicable rules can enter the EU market
WHAT does it CERTIFY?
That the competent authority has no contradicting information to the fact that the catch was made in accordance with applicable rules, laws and measures.

11. Involvement of different stakeholders
Exporter - to request the validation of the catch certificate (or endorsement of the Annex IV processing statement) from the competent flag State authority in the third country and to submit it to the importer in the EU
EU importer - to submit the validated catch certificate (or endorsed Annex IV processing statement) within the applicable timeframe to the competent Member State authority
EU Member States authorities – to control and possibly verify the cc / Annex IV statement before authorising importation of the products

12. THE WAY FORWARD CATCH the EU IT system for catch certificates
Version 1.0 is currently under development
Included in the TRACES NT system, i.e. the same system used for health certificates (DG SANTE)
Important features introduced: basic risk analysis, quantity management in order to avoid overshooting of catch certificate quantities and fraudulent use of catch certificates
A real-time EU wide database
Official launch foreseen in the first part of 2019

13. COOPERATION WITH THIRD COUNTRIES
Main instruments of the EU IUU fishing policy
The European Commission notified to the Technical Barriers to Trade (TBT) Committee of the WTO prior to its entry into force.
The European Commission notified to the Technical Barriers to Trade (TBT) Committee of the WTO prior to its entry into force.
COOPERATION WITH THIRD COUNTRIES

14. Cooperation with third countries
A cooperative approach
Risk analysis  which countries?
Bilateral Cooperation with more than 50 third countries
Positive dialogue with many of these leading to cooperation between the Commission and third countries
Questionnaire + CC analysis
Evaluation mission  problems identified
Report sent  country comments
Geographical scope: risk assessment / trade data / intelligence from EU MS and other relevant stakeholders
Preliminary evaluation: RFMO compliance / publicly available data / questionnaire response from 3rd country / catch certificate analysis (CC samples from EU MS)
Evaluation mission: validation of initial data / questionnaire response
Follow up report / country response / severity of shortcomings / cooperation or not?
MAIN MESSAGE: We assess all the aspects of fisheries governance (administrative and legal frameworks, traceability systems, cooperation with third States, management of fleet, etc.) that derive from international obligations.
Alignment of legal framework with international obligations (flag, coastal, port and export State) including a system of dissuasive sanctions
Fisheries management - alignment of fleet capacity with control and management resources
Monitoring, Control and Surveillance (MCS) systems - enforcement and administrative capacity
Reliability of Catch Certification scheme if relevant
Compliance with RFMO obligations and regional cooperation
Informal dialogue – cooperation to resolve problems
Otherwise…

15. Actions on non-cooperating countries
The process at a glance

16. Cooperation with third countries
Overview of actions
on third countries

17. Cooperation with third countries
Tangible results in third countries targeted
Improved governance
Revised legislation
Strengthened sanctions
Cooperation, coordination and mobilisation of different relevant authorities
Political commitment to the highest level
Strengthened MCS
Improved vessel monitoring
Reinforcement of inspections and controls
Improved traceability throughout the supply chain
Cross-checking and validation of CC data
A new dynamic…

18. Cooperation with third countries
Indirect effects in general governance
Positive
Better traceability throughout the supply chain - fair trade of fishery products
Improved implementation of PSMA – difficult conditions for IUU vessels
Improved regional cooperation to fight IUU fishing
Improved cooperation between coastal, port and flag States
Consequences
Fewer places for vessels engaged in IUU fishing to unload
Fewer and less profitable markets for operators to sell IUU fishing products
Reflagging
Good results but fight against IUU fishing must continue – all actors have a role to play

19. Cooperation with third countries
The case of Thailand
Key trade partner and central role of Thailand in the international supply chain
Comprehensive reform of the whole system of management and control in the fisheries sector
Multiplier effect in the Indian and Pacific Ocean
As you know, one of the most recent actions that we have taken as regards third countries has been the lifting of the yellow card of Thailand (21 April 2015 – 8 January 2019)
Within last three years and half, the European Commission and Thai authorities have engaged in a very fruitful process of cooperation that has resulted in a reinforcement of the legal and policy systems to control the activities of the Thai fleet (strengthening of MCS systems (VMS, logbook, inspections at sea, inspections at port through the PIPO systems, etc) and also the foreign fishing vessels that land their products in Thailand to supply the Thai processing industry.
Thailand has been a very important file for us given the essential role played by the country for the sustainability of marine resources in the Pacific and Indian Ocean, not only for the activity of the Thai fleet, but also for thecentral role in the international supply chain due to well-developed Thai processing industry. Thailand is also a very important trade partner of the EU for fishery products. Let me illustrate this privileged partnership with some figures:
The EU market receives a significant part of the fishery products that are processed by the Thai processing industry. According to Eurostat, in the period , the EU imported annually from Thailand an average of 95,000 tonnes of fishery products representing a value of 437 million EUR. Thailand is, in terms of value, the 10th country supplying fishery products to the EU market.
According to the information that we received from Thai authorities, Thailand imported in 2016 a total of 1,7 million tonnes of marine fishery products (almost half of it, 814,000 tonnes of tuna products). According to public sources, Thailand would be the 4th world importer of tuna products after the EU, Japan and the US. The changes fisheries governance in Thailand, implying a strenghtened control of imports and a reinforced cooperation with other actors, have a direct impact (a multiplier effect) in the way that other flag and coastal States comply with their international obligations
What are the concrete achievements that led the Commission to lift the yellow card of Thailand?
Thai authorities have completely redressed the situation that led to the adoption of the yellow card. Back in April 2015, we suggested an Action plan that was accepted by Thai authorities. Today we can see that the Action plan has been fully implemented. In broad terms, I can list some of the main actions undertaken by Thai Government:
Comprehensive review of the fisheries legal framework in line with the International Law of the Sea, including a deterrent sanctions schemes.
Full reform of the management of the fleet policy, with sound systems of registration and control of the fishing vessels.
Strengthening of the Monitoring, Control and Surveillance tools, including, inter alia, the coverage of all the fishing vessels, including transport vessels, with more than 30 GT with the Vessels Monitoring Scheme, and the establishment of 30 port-in port-out centres for the control at port of the Thai fleet.
Full implementation of the FAO Port States Measures agreement on foreign-flagged vessels that land their catches in Thai ports to supply the processing industry, including a reinforced cooperation with the authorities of the flag States in the Indian and Pacific Oceans. This has triggered a clear multiplier effect in the global sustainability of fishery resources.
A comprehensive traceability system covering the whole supply chain as well as all modes of transportation to combat IUU fishing, in line with international standards.
Improvement of the cooperation between involved agencies through guidelines and awareness raising, significantly speeding up the time it takes for cases to reach courts and verdicts. Training and political support have enabled officers to properly enforce the laws.
All these measures have been possible thanks to a significant reinforcement of the financial and human resources available for the fight against IUU fishing.
What is the EU doing to address human trafficking and slave labour in the Thai fisheries sector?
Since the adoption of the yellow card in April 2015, we have been of course very aware of the serious problems in human trafficking and working conditions in the Thai fisheries sector as highlighted by NGOs and international organisations.
The IUU Regulation does not specifically address working conditions on-board fishing vessels, neither human trafficking. It is nonetheless clear that the improvements in the fisheries control and enforcement system on IUU fishing have a positive impact in the control of labour conditions in the fisheries sector.
We must recognise the significant progress made by Thailand to end endemic forced labour and extreme forms of labour abuses in the fishing and seafood processing sector have been made since A fully-fledged EU-Thailand Labour Dialogue has been launched by DG EMPL in May 2018 to continue and reinforce this process also beyond the IUU dialogue. This is the appropriate forum to address any issue related to labour conditions or human trafficking in the Thai fisheries sector.
Why the Commission has not maintained the yellow card to ensure that the situation in labour conditions and human trafficking is fully redressed?
As I said, the EU IUU policy does not cover the labour dimension. The decision on the lifting of the yellow card has been made against the progress demonstrated by Thailand in reforming its legal and administrative systems to fight against IUU fishing.
However, we must also recognise the significant progress made by Thailand to end endemic forced labour and extreme forms of labour abuses in the fishing and seafood processing sector have been made since For example:
Thailand has ratified major Conventions of the International Labour Organisation. It is set to be the first country in Asia to ratify the international instrument for labour in fishing -the ILO Work in Fishing Convention (C188) in the course of this January 2019 after its Parliament has so decided in November 2018. Thailand has already become the first country in Asia to ratify the ILO Forced Labour Protocol (P29) in Since 2015, it further ratified the fundamental ILO Discrimination Convention (C111) and has taken significant steps towards the ratification of the ILO fundamental Right to Organise and Collective Bargaining Convention (C98)
Thailand has adopted measures in the fishing and seafood processing industry to eradicate child labour, to raise awareness and build capacity to prevent severe labour abuses, establish electronic wage payment systems for migrant workers, establish records of rest hours, increase the minimum wage and provide for satellite communications.
Thailand has adopted measures to enforce labour rights in the fishing and seafood sector through inspections with interpreters (needed as most fishermen are migrant workers) and the establishment of databases. Prosecution has been improved, as well as awareness raising, capacity building and protection of victims of labour abuses
Thailand has changed its labour legislation to support proactive identification of forced labour and severe labour abuses, also beyond the fishing sector, and enhance prosecution of forced labour as well as access to remedy for victims. It is further completing legislative changes to establish forced labour as a stand-alone criminal offence.
Thailand has further reviewed its migration framework to reduce the vulnerability of migrant workers - who form the vast majority of fishermen - to trafficking in human beings and severe labour abuses and took initiatives with neighbouring countries to organise safe and fair legal migration channels.
While still far from perfect, the situation today for (migrant) workers in the Thai fishing sector is nothing to compare with the one of The EU will continue to cooperate with Thailand in support to progress on labour matters in the fishing sector. A fully-fledged EU-Thailand Labour Dialogue has been launched (by the services of Commissioner Thyssen) in May 2018 to continue and reinforce this process also beyond the IUU dialogue. This is the appropriate forum to address any issue related to labour conditions or human trafficking in the Thai fisheries sector.
Cooperation with Thailand is maintained through a Working group (first meeting took place last week…)

20. THE CHALLENGES IN THE FIGHT AGAINST IUU FISHING
The fight against IUU fishing as a global challenge
THE CHALLENGES IN THE FIGHT AGAINST IUU FISHING

21. IUU Challenges – looking forward
Full implementation 2001 FAO IPOA
FAO Port States Measures Agreement
Global Catch Certificate
Identification of fishing vessels: Unique vessels identifiers
Increased exchange of information
Improved traceability
Full implementation 2001 FAO IPOA: non-binding instrument established at FAO level, it includes a toolbox with all the measures that States are called to implement to combat IUU fishing: from the 4 dimensions (FLAG, COASTAL, PORT and MARKET)
FAO Port States Measures Agreement: main new instrument to fight against IUU fishing, from the PORT and MARKET perspective, closing the port to the landing of fishery products with IUU origin. Adopted in 2009, it entered into force in June Instruments to adhere to the Agreement had been deposited by 54 States and one Member Organization (EU).
EU is advocating for this instrument:
- In the context of the IUU dialogues: encouraging third countries to acceed and to adapt their legal and policy system to ensure full implementation
- Supporting the programme of global capacity development umbrella to implement the PSMA and Complementary MCS Operations, Measures & Tools
Global Catch Certificate
IUU fishing is a global threat and is therefore tackled most successfully through multilateral approaches and solutions (than from unilateral). It is clear that a unilateral scheme may result on the trade of IUU fish to other markets with less strict controls. The EU is of course in favour of this kind of multilateral solutions.
A first step in this direction was the adoption on 2017 at FAO of the Voluntary Guidelines for Catch Documentation Scheme: The objective of the VGCDS is to provide assistance to States, regional fisheries management organisations, regional economic integration organizations and other intergovernmental organisations when developing and implementing new CDS, or harmonising or reviewing existing CDS.
IMO number
Unique vessel identifiers (UVIs) such as IMO numbers help to improve maritime safety and security and to reduce illegal activities.
A UVI is a permanent number that stays with a vessel from construction through to disposal, regardless of the vessel’s flag or where it operates. This
is essential for the effective and reliable monitoring of a vessel’s activity and for the tracking of compliance throughout a vessel’s lifespan. Other forms of vessel
identification, such as a vessel’s name, flag or call sign, can be quickly and easily changed, allowing vessels to disguise their identity when engaged in IUU fishing activities.
e.G extension of IMO number: now compulsory in many RFMOs, also by EU for EU-vessels (24 metres, 15 metres when operating outside EU waters).
Increased exchange of information
Essential to curb IUU fishing: between competent authorities (e.g. PORT and FLAG States) and also between different agencies involved (e.g. port authorities or customs and Fisheries authorities)
Improved traceability
Control of all the supply chain, of fish products from fish to plate, to avoid any loophole for IUU products being laundered.
Transition to a IT-based catch certification scheme from the current paper-based scheme. The Commission in working intensively with MS for the development of this project that will strenghten the system of control of imports of fishery products.

22. Thank you! 22 For more information: http://ec.europa.eu/fisheries/iuu
11/12/2013
Thank you!
For more information: 22 22 22