REPORT on the proposal for a Council Regulation laying down certain control measures in respect of vessels flying the flag of Non-Contracting Parties to the Convention for the conservation of Antarctic Marine Living Resources (COM(98)0362 - C4-0405/98 - 98/0204(CNS))

26 November 1998

Committee on Fisheries
Rapporteur: Mr Doeke Eisma

By letter of 7 July 1998 the Council consulted Parliament, pursuant to Article 43 of the EC Treaty, on the proposal for a Council Regulation laying down certain control measures in respect of vessels flying the flag of Non-Contracting Parties to the Convention for the conservation of Antarctic Marine Living Resources.

At the sitting of 17 July 1998 the President of Parliament announced that he had referred this proposal to the Committee on Fisheries as the committee responsible.

At its meeting of 2 September 1998 the Committee on Fisheries appointed Mr Eisma rapporteur.

It considered the Commission proposal and the draft report at its meetings of 28 September, 29 October and 25 November 1998.

At the last meeting it adopted the draft legislative resolution unanimously and it decided to apply the procedure without debate pursuant to Rule 99(1) of the Rules of Procedure.

The following took part in the vote: Fraga Estévez, chairman; Souchet, vice-chairman; Eisma, rapporteur; Baldarelli, Correia, Kofoed, Langenhagen, McCartin (for Provan), Medina Ortega, Varela Suanzes-Carpegna.

The report was tabled on 26 November 1998.

The deadline for tabling amendments will be indicated in the draft agenda for the relevant part-session.

A. LEGISLATIVE PROPOSAL - DRAFT LEGISLATIVE RESOLUTION

Proposal for a Council Regulation laying down certain control measures in respect of vessels flying the flag of Non-Contracting Parties to the Convention for the conservation of Antarctic Marine Living Resources (COM(98)0362 - C4-0405/98 - 98/0204(CNS))

The proposal is approved.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation laying down certain control measures in respect of vessels flying the flag of Non-Contracting Parties to the Convention for the conservation of Antarctic Marine Living Resources (COM(98)0362 - C4-0405/98 - 98/0204(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0362 - 98/0204(CNS)[1],

- having been consulted by the Council pursuant to Article 43 of the EC Treaty (C4-0405/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Fisheries (A4-0449/98),

1. Approves the Commission proposal;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.

• [1] ()OJ C 218, 14.7.1998, p.18

B. EXPLANATORY STATEMENT

1. Introduction

The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) was set up by an international convention signed in Canberra, Australia, on 20 May 1980. Based in Hobart (the first intergovernmental international organisation to have its headquarters in Australia), it is responsible, assisted by its Scientific Committee, for fisheries management in the region and for taking all necessary measures for the conservation of marine living resources in Antarctica.

The duties and obligations of the Commission arise from the principles of the Convention and include the need to:

- prevent the decrease in the size of any harvested population to levels below those which ensure its stable recruitment. For this purpose its size should not be allowed to fall below a level close to that which ensures the greatest net annual increment;

- maintain the ecological relationships between harvested, dependent and related populations of Antarctic marine living resources and the restoration of depleted populations to the levels defined above;

- prevent changes or minimize the risk of changes in the marine ecosystem which are not potentially reversible over two or three decades taking into account the state of available knowledge of the direct and indirect impact of harvesting, the effect of the introduction of alien species, the effects of associated activities on the marine ecosystem and of the effects of environmental changes, with the aim of making possible the sustained conservation of Antarctic marine living resources.

To achieve these goals the Commission has wide-ranging functions which are detailed in Article IX of the Convention. In particular, it must formulate, adopt and revise conservation measures on the basis of the best scientific evidence available and implement a system of observation and inspection. This system includes, inter alia, procedures for boarding and inspection by observers and inspectors designated by members of the Commission and procedures for flag state prosecution and sanctions on the basis of the evidence obtained.

In these tasks, the Commission is advised by a Scientific Committee which is responsible for drawing up assessments and reports and making recommendations.

Thus, it was following evidence presented to this Committee in November 1997, that CCAMLR decided, at its annual meeting in Hobart, to take action to curtail the illegal fishing of Patagonian Toothfish ( Dissostichus Eleginoides). It is this decision which has led to the current proposal from the European Commission.

2. Background to the Proposal

By Council Decision of 4 September 1981[1], the European Community deposited the instrument of approval of the Convention on the Conservation of Antarctic Marine Living Resources with the Australian Government, with the result that the Convention came into force as part of Community law on 21 May 1982. As a consequence, over the years the various conservation measures adopted by CCAMLR have required the enactment of a number of Community regulations.

The first of these, Council Regulation (EEC) no. 224⅝5 of 2 August 1985[2], implemented the CCAMLR decision of 5 October 1984 to impose a ban on fishing off the coasts of South Georgia and to fix minimum mesh sizes for the fishing of various species (including a 120 mm limit for trawls, Danish seines and other similar nets used for catching the Patagonian Toothfish).

Since 1985, the conservation measures adopted by CCAMLR resulted in annual modifications to this regulation leading to a considerable reduction in the clarity of the original text. For this reason, the European Commission took the opportunity afforded by the 1994 annual meeting to propose in 1995 a new regulation to consolidate in one legal text, all the CCAMLR conservation measures then in force[3].

This proposal was overtaken by events and had to be amended to take account of the measures adopted by CCAMLR in 1995[4]. The Commission also used the occasion to propose an important procedural change. Future changes to the Regulation necessary to implement the recommendations adopted by CCAMLR were to be made directly by the Commission, rather than requiring a Council decision by qualified majority.

However, this proposal to strengthen the Commission's management role was not accepted by the Council nor was Parliament's suggested compromise, contained in the report by Mr. Arias Cañete[5], whereby the Parliament and Council would be informed in advance of intended modifications so as to enable them to comment and if necessary reject them.

Council Regulation (EC) No. 2113/96 of 25 October 1996[6] retained therefore the original revision procedure. In substance, the Regulation adopted a number of conservation measures applicable to the coastal waters of South Georgia, the area south of 60^o south latitude, the area between that latitude and the Antarctic convergence and in international waters. In particular, it contained a prohibition on the fishing of certain species, the fixing of TACs for various species (including the Patagonian Toothfish), new stricter control measures and tighter provisions related to scientific research.

Following the numerous changes adopted to conservation measures at the 1996 CCAMLR meeting, the European Commission again for reasons of clarity proposed a new replacement regulation[7]. Procedurally, the Commission was less ambitious, stating only that it was "necessary to provide for a mechanism allowing the Council to implement further conservation measures adopted by CCAMLR on a proposal from the Commission using a simplified procedure". This was accepted by the Council.

The adopted Regulation, No. 66/98 of 18 December 1997[8], which is currently in force, places further restrictions on the right to fish and makes several changes to TACs. Reporting requirements were also strengthened, particularly with regard to by-catches.

What this Regulation does not do, however, is address the problem of illegal fishing, particularly by vessels flying the flag of Non-Contracting Parties to the Convention. It is this issue, which the current proposal seeks to address.

3. The Commission Proposal

At the 1997 meeting of CCAMLR which began on 27 October, in Hobart, new evidence was presented to the Scientific Committee, which showed that some 80 vessels were fishing Patagonian Toothfish either illegally in the EEZs of CCAMLR Contracting Parties or unregulated in international waters.

It was estimated that the illegal catch amounted to around 100,000 tonnes compared to the legal quota of 13,000 tonnes. The value of this illegal and unregulated activity was placed at between $200 and $300 million. The European Commission currently estimates that 80% of the Patagonian toothfish marketed worldwide to have been caught illegally.

The Patagonian Toothfish, also marketed as Chilean Sea Bass, is a slow-growing midwater species but pelagic during some periods of its life and is found in sub-Antarctic waters north of 55^o. It is exploited by two types of fishing; longlining and bottom trawling and commands a high price of up to $8 per kilo.

Over recent years there has been a massive increase in the number of fisheries targeting this species. Apart from price considerations, other factors such as the rich resources available in the Southern Ocean, the depletion of alternative stocks elsewhere and the continuing worldwide fishing capacity have also played a role in this.

However, it is the difficulties surrounding control and enforcement which pose the most serious threat to stocks. The vast size and relative remoteness of the area allows illegal and unregulated catches to be taken with ease, a situation which could rapidly render meaningless the existing CCAMLR conservation measures.

It is thus in this context that CCAMLR agreed in November 1997 a scheme whereby:

- vessels from Non-Contracting Parties sighted in the CCAMLR area will be subject to a mandatory inspection when they are voluntarily in the ports of Contracting Parties;

- there is a prohibition on landings and transhipments from a vessel, where on inspection, it is shown that its catch has been taken in contravention of CCAMLR rules.

Given that there were no objections from Contracting Parties, these rules became obligatory from 11 May 1998.

4. Evaluation

The Commission proposal to transpose the above obligations into Community law must obviously be supported. These measures agreed by CCAMLR do constitute an important first step towards tackling the problems of illegal fishing.

However, equally obviously, the fact that inspection can only be carried out when a Non-Contracting Party vessel is voluntarily in a Contracting Party port, represents a serious weakness. Indeed, all the evidence suggests that such vessels choose to land their catches in the ports of Non-Contracting Parties, such as Mauritius and Namibia. Both these countries were invited to attend the 1998 meeting of CCAMLR, meeting in Hobart from 26 October to 6 November. Mauritius declined, while Namibia had failed to respond at the time of writing.

Moreover, other problems of enforcement remain which this proposal does not address. Under CCAMLR rules vessels engaged in various fisheries are obliged to accept scientific observers on board. However, the findings of these observers cannot be used for the purposes of control. No system for monitoring the position of vessels exists and inspections at sea are infrequent given the size of the area involved. The rapid reflagging of vessels to avoid control also seems to be common practice.

Furthermore, no measures are in force to combat the trade in illegally caught fish. Patagonian toothfish, marketed as Chilean sea bass, is widely available in Europe without any indication of origin or its status, legal or otherwise. Some system of labelling or certificate of origin would seem appropriate.

An additional point worthy of attention must also be that due to ineffective controls, the CCAMLR conservation measures aimed at reducing the by-catch of sea birds appear to be widely flouted. In particular, the effects of longline fishing on the albatross population are currently giving rise to concern.

On a more positive note, the recent formal confirmation by the Community of the United Nations Convention on the Law of the Sea[9] and its ratification of the 'New York' Agreement on the implementation of its provisions relating to the conservation and management of straddling stocks and highly migratory fish stocks [10] should offer a way forward for future action. One of the major difficulties affecting the effectiveness of controls in the Southern Ocean has been unregulated fishing activities in international waters.

However, under the latter Agreement signatories are required:

- to improve the conservation and management of fisheries resources in exclusive economic zones and on the high seas on the basis of a precautionary approach and scientific considerations;

- to use regional fisheries organisations as the principle means of managing fisheries resources located in international waters;

Conservation of, and fishing for, fish stocks outside areas under the jurisdiction of a particular country are to be pursued by means of open regional or subregional organisations or arrangements, i.e. organisations in which any country with a direct interest can become involved. Fisheries resources will only be accessible to countries which belong to or are involved in such organisations and which undertake to apply the conservation and management measures laid down by those organisations.

States which are not members of a regional organisation will also be required to cooperate by adopting the resource conservation measures laid down by the regional organisation and must not authorize vessels flying their flag to fish for straddling or highly migratory stocks to which conservation measures apply if such activities would contravene those measures. Measures may be adopted to control the activities of such vessels in order to ensure that the organisation's resource conservation measures are observed.

The framework provided by this agreement could be used as a starting point for resolving some of the control problems affecting Antarctica. Progress made on this issue within other international bodies such as the North Atlantic Fisheries Organisation (NAFO) should also be considered.

5. Conclusions

Although the Community has no vessels currently operating (legally) in the CCAMLR region, the EU has always been active and to the forefront in all initiatives to adopt effective conservation measures within the organisation.

The current proposal represents only a welcome first step.

The European Commission must now use its influence to ensure effective control of the Patagonian toothfish fishery and others regulated by CCAMLR and take or propose whatever steps are necessary to prevent the trade in illegal fish within the Union.

The Commission should therefore consider the use of complementary actions, not only by introducing a standard certificate of origin form for Patagonian Toothfish, but also by using trade sanctions. Such sanctions, as imposed by ICCAT (the International Convention on the Conservation of Atlantic Tuna) should be applied to those countries who do not comply with the CCAMLR conservation measures. Sanctions should not only be applied to the non parties to CCAMLR but also to those countries who permit the transhipment of illegally caught fish. This means that Members should close their ports to unlicensed vessels and vessels which do not have a vessel monitoring system reporting to some appropriate authority. Likewise, Members should refuse imports of Toothfish from those countries which do not close their ports. The import or export of any Toothfish not caught in compliance with CCAMLR conservation measures should be forbidden.

Concerning the problems of enforcement it is essential that measures are taken to prevent reflagging to flags of convenience vessels (i.e. to non CCAMLR member countries). Therefore, Members should agree not to issue fishing permits or licences for fishing within the Convention Area to reflagged vessels which have contravened measures in the past.

• [1] ()OJ L 252, 5.9.1981, p. 26
• [2] ()OJ L 210, 7.8.1985, p. 2 - 4
• [3] ()OJ C 008, 13.1.1996, p. 5
• [4] ()Amended proposal for a Council Regulation (EC) laying down certain conservation and control measures applicable to fishing activities in the Antarctic, OJ C 156, 31.5.1996, p. 10
• [5] ()OJ C 198, 8.7.1996, p. 111
• [6] ()OJ L 283, 5.11.1996, p. 1 - 14
• [7] ()OJ C 189, 20.6.1997, p. 10
• [8] ()OJ L 006, 10.1.1998, p. 1 - 17
• [9] ()OJ L 179, 23.6.1998, p. 1 - 2
• [10] ()OJ L 189, 3.7.1998, p. 14 - 15