Fishing Conservation

OSPAR Convention

Decision 98/249/EC — concluding a convention protecting the marine environment of the North-East Atlantic

Convention for the protection of the marine environment of the North-East Atlantic

The decision concluded the OSPAR Convention, on behalf of the European Union (EU) — at the time known as the European Community.
The OSPAR Convention aims to prevent and eliminate marine pollution and thus to protect the north-east Atlantic area against the adverse effects of human activities.

KEY POINTS

The European Community is a Contracting Party to the Convention for the protection of the marine environment of the north-east Atlantic, which was signed in Paris on 22 September 1992.
The convention lays down various definitions such as:
maritime area*,
internal waters*,
pollution*.

The parties to the convention undertook to take all possible steps to:
prevent and eliminate pollution,
implement the necessary measures to protect the north-east Atlantic against the adverse effects of human activities.

These measures seek to safeguard human health, to conserve maritime ecosystems and, when practicable, to restore marine areas which have been harmed. To this end, the parties will (individually and jointly):
adopt programmes and measures,
harmonise their policies and strategies.

To meet their obligations, the parties must observe 2 principles.
The precautionary principle: preventive measures are to be taken when there are reasonable grounds for concern that substances or energy introduced, directly or indirectly, into the marine environment may do any of the following, even when there is no conclusive evidence of a causal relationship between the inputs and the effects;
Bring about hazards to human health.
Harm living resources and marine ecosystems.
Damage amenities.
Interfere with other legitimate uses of the sea.
The polluter pays principle:the costs of pollution prevention, control and reduction measures are to be borne by the polluter.
The programmes the parties set up must take account of the latest technological developments and best environmental practice.
The measures taken must not increase pollution of the sea outside the maritime area or in other parts of the environment.
The parties, individually or jointly, agree to take all possible steps to prevent and eliminate:
pollution of the maritime area from land-based sources and activities;
pollution by dumping or incineration of wastes or other matter in the ocean;
pollution from offshore sources (offshore installations and pipelines from which substances or energy reach the maritime area).

A cooperation agreement may be negotiated between the parties to tackle transboundary pollution.

Ospar Commission

The convention sets up a Commission which is the decision-making body of the convention and consists of representatives of the parties. The commission discusses and adopts various decisions and recommendations. Decisions become binding on the contracting parties after a period of 200 days, while recommendations are not binding.
Its duties are to:
supervise the implementation of the convention;
review the condition of the maritime area;
check the effectiveness of the measures being adopted;
draw up programmes and measures for the prevention and elimination of maritime pollution;
establish its programme of work;
create the instruments necessary to execute that programme.

OSPAR’s work

An evaluation of progress in regard to the OSPAR Radioactive Substance Strategy shows that the parties have achieved substantial reductions in discharges from the nuclear sector.
The parties have also adopted measures to protect and conserve a further species (the Atlantic salmon) and habitat (intertidal mudflats) both identified by OSPAR as being particularly vulnerable within the north-east Atlantic.
OSPAR announced in 2016 that 10 new Marine Protected Areas had been added to its network bringing the total to 423.
OSPAR has furthered the international effort to reduce marine litter with the creation of a fishing for litter network across the north-east Atlantic which will allow vessels to land waste in any of over 40 harbours involved. OSPAR parties have also agreed to tackle sources of marine environment micro plastic pollution .
OSPAR also serves as a forum for the coordinated implementation of the EU’s Maritime Strategy Framework Directive (MSFD) by EU countries and for interregional cooperation based on MSFD concepts and methods.

Research

The convention requires the establishment of complementary or joint programmes of scientific or technical research, to be transmitted to the commission.
Arbitration procedure

An arbitration procedure is laid down for the settlement of disputes between contracting parties.

Annexes

The OSPAR Convention contains Annexes which deal with the following specific areas

Annex I: Prevention and elimination of pollution from land-based sources
Annex II: Prevention and elimination of pollution by dumping or incineration
Annex III: Prevention and elimination of pollution from offshore sources
Annex IV: Assessment of the quality of the marine environment
Annex V: On the protection and conservation of the ecosystems and biological diversity of the maritime area.

EU Arctic strategy

A 2016 joint communication recommends the EU’s

continued engagement in multilateral environmental agreements that also have particular relevance to the Arctic, such as OSPAR;
establishing marine protected areas in the Arctic in order to preserve biodiversity;
working with Arctic states and other international partners to develop an instrument under the United Nations Convention on the Law of the Sea for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.

FROM WHEN DO THE DECISION AND THE CONVENTION APPLY?

The decision applies from 7 October 1997.
The convention entered into force on 25 March 1998. It replaces the Oslo (1972) and Paris (1974) Conventions.
The convention has been signed and ratified by Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom ( 1 ) which, with the EU, cooperate to protect the north-east Atlantic ‘s marine environment.

KEY TERMS

Maritime area:
all of the following:

The internal waters and the territorial seas of the contracting parties.

The sea beyond and adjacent to the territorial sea under the jurisdiction of the coastal state to the extent recognised by international law.

The high seas, including the bed of all those waters and its subsoil, situated within the following limits:

Those parts of the Atlantic and Arctic Oceans and their dependent seas which lie north of 36° north latitude and between 42° west longitude and 51° east longitude but excluding
the Baltic Sea and the Belts lying to the south and east of lines drawn from Hasenore Head to Gniben Point, from Korshage to Spodsbjerg and from Gilbjerg Head to Kullen, and
the Mediterranean Sea and its dependent seas as far as the point of intersection of the parallel of 36° north latitude and the meridian of 5° 36′ west longitude.

That part of the Atlantic Ocean north of 59° north latitude and between 44° west longitude and 42° west longitude.
Internal waters: the waters of the landward side of the baselines from which the breadth of the territorial sea is measured (extending in the case of watercourses up to the freshwater limit (the place in a watercourse where, at low tide and in a period of low freshwater flow, there is an appreciable increase in salinity due to the presence of seawater)).

Pollution:
the introduction by man, directly or indirectly, of substances or energy into the maritime area which results, or is likely to result, in any of the following:

hazards to human health,
harm to living resources and marine ecosystems,
damage to amenities,
interference with other legitimate uses of the sea.

DOCUMENTS

Council Decision 98/249/EC of 7 October 1997 on the conclusion of the Convention for the protection of the marine environment of the north-east Atlantic (OJ L 104, 3.4.1998, p. 1)

Convention for the protection of the marine environment of the north-east Atlantic (OJ L 104, 3.4.1998, pp. 2–21)

Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, pp. 19–40)

Successive amendments to Directive 2008/56/EC have been incorporated into the original document. This consolidated version is of documentary value only.

Joint communication to the European Parliament and the Council — An integrated European Union policy for the Arctic (JOIN(2016) 21 final, 27.4.2016)

Conservation of fisheries resources and protection of marine ecosystems

Regulation (EU) 2019/1241 — the conservation of fisheries resources and the protection of marine ecosystems through technical measures

It sets out rules on how, where, when, which and how many fish can be caught in EU waters in order to conserve the species and protect marine ecosystems.
It repeals Regulation (EC) No 812/2004, 894/97, 850/98, 2549/2000, 254/2002 and 2187/2005.

Objectives

In line with the reformed EU Common Fisheries Policy, the rules are designed to:

ensure fishing levels correspond to the maximum sustainable yield*, to reduce unwanted catches and eliminate discards, and also to contribute to the achievement of good environmental status;
contribute to the protection of juveniles and spawning aggregations of marine species through the use of selective fishing gear and measures for the avoidance of unwanted catches;
minimise the impacts of fishing gear on marine ecosystems and in particular on sensitive species and habitats, including where appropriate by using incentives and other measures.

Main features

The regulation includes a number of important features such as:

simplifying the procedure for regional cooperation with the aim of creating regionalised rules for different fishing zones;
banning or restricting certain types of fishing methods including the phasing out of electric pulse fishing;
banning or restricting certain types of fishing gear, including mesh sizes;
setting out a list of banned species;
establishing a result-based approach. With the introduction of selectivity performance indicators*, the aim is to provide a quantified benchmark to be able to measure the effectiveness of technical measures;
introducing closed areas and closed seasons for fishing.

Scientific research

In order not to hinder scientific research or direct restocking and transplantation, the rules do not apply to operations conducted for these purposes.

Maximum sustainable yield: maximum level at which fish stocks can be routinely exploited without long-term depletion.
Selectivity performance indicator: reference tool to monitor the progress over time towards the achievement of the Common Fisheries Policy objective of minimising unwanted catches.

DOCUMENTS

Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, pp. 105-201)It has applied since 14 August 2019.

Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, pp. 1-17)

Successive amendments to Regulation (EU) 2019/1022 have been incorporated into the original text. This consolidated version is of documentary value only.

Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 (OJ L 83, 25.3.2019, pp. 1-17)

Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (OJ L 179, 16.7.2018, pp. 1-13)

Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (OJ L 191, 15.7.2016, pp. 1-15)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, pp. 22-61)

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, pp. 1-50)

Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, pp. 11-85). Text republished in corrigendum (OJ L 36, 8.2.2007, pp. 6-30)

Conservation of certain stocks of migratory fish

Regulation (EC) No 1936/2001 — control measures applicable to fishing for certain stocks of highly migratory fish

It aims to specify the control and inspection measures that apply to fishing for certain highly migratory fish and mammals listed in Annex I of the regulation. The main species concerned are:

tuna;
swordfish;
sharks;
whales; and
porpoises.

KEY POINTS

The regulation applies to fishing vessels flying the flag of EU countries and registered in the EU, operating in one of the following marine zones:

Zone 1: all waters of the Atlantic Ocean and adjacent seas included in the area covered by the International Convention for the Conservation of Atlantic Tunas (ICCAT Convention)*. This Convention enabled the creation of a fisheries organisation which the EU joined in 1997: the International Commission for the Conservation of Atlantic Tunas (ICCAT);
Zone 2: all Indian Ocean waters covered by the Indian Ocean Tuna Commission (IOTC)*;
Zone 3: all eastern Pacific Ocean waters including the zone defined in the agreement on the International Dolphin Conservation Programme.

CONTROL AND INSPECTION MEASURES APPLICABLE IN ZONE 1

Regulation (EC) No 1936/2001 has been amended several times, most recently by Regulation (EU) 2017/2107. The 2017 regulation repealed parts of Regulation (EC) No 1936/2001 to take account of various changes adopted in ICCAT recommendations since 2008.It has applied since 23 October 2001.

Fattening of bluefin tuna

A register of bluefin tuna fattening* farms was introduced in 2004. An EU country has to notify the European Commission of the fattening farms under its jurisdiction which it authorises to carry out fattening of bluefin tuna caught in the ICCAT Convention area. Unregistered fattening farms may not carry out fattening of bluefin tuna caught in the Convention area.

Where bluefin tuna are transferred for fattening from an EU fishing vessel to a transport vessel, the masters of the two vessels are required to enter certain data in their respective logbooks (the quantities of bluefin tuna transferred, the catch zone, the date and position where the transfer took place, etc.).

EU countries must:

register the quantities of bluefin tuna put into cages by vessels flying their flag;
notify the Commission of data relating to the quantities of bluefin tuna caught and caged by vessels flying their flag, and exports and imports of bluefin tuna caught and intended for fattening;
ensure that bluefin tuna fattening farms under their jurisdiction submit a caging declaration to their competent authority and are listed on the register;
ensure that fattening farms submit to them each year a marketing declaration for the bluefin tuna fattened and, on the basis of this information, then inform the Commission of the quantities of bluefin tuna caged and the quantities marketed during the previous year.

CONTROL AND INSPECTION MEASURES APPLICABLE IN ZONE 2

Each EU country must:
ensure that vessels flying its flag respect the measures applicable in the zone;
send to the Commission the list of vessels of more than 24 metres overall length flying its flag and registered in its territory that it authorises to fish for tuna and tuna-like fish in the IOTC area.

The Commission sends this information to the IOTC Executive Secretariat;
ensure that only registered vessels carry out fishing activities.

Vessels registered on the IOTC list which fish by longlining* must obtain authorisation from the competent authorities of the flag EU country before carrying out transshipment* procedures in the IOTC fishing area.

The fishing gear of EU vessels authorised to fish in the IOTC zone must bear special markings.
EU countries must:
transmit to the IOTC secretariat various statistical data on fishing effort and catches concerning migratory species;
set up a computerised database containing the required statistical data, with access for the Commission;
assign inspectors to inspection duties at their ports who will be responsible for the surveillance and inspection of transhipment and landing of the species listed in Annex I;
issue a special identification document to each inspector.

The master of the vessel must cooperate with the vessel inspection and provide the means for examining the zones, equipment and documents.
If there is a serious reason to believe that a fishing vessel has breached the IOTC’s conservation measures, the inspector notes the infringement in the inspection report. He must ensure the safekeeping of the evidence and send the inspection report to his authority. The EU country which has been notified of an infringement by a vessel flying its flag must take speedy action to obtain and examine the evidence, carry out any necessary investigation and inspect the vessel. It then notifies the Commission of the penalties imposed and measures taken with regard to the vessel concerned. The Commission, in turn, informs the IOTC Executive Secretariat.

EU fishing vessels are prohibited from receiving transhipments of fish of the species listed in Annex I from stateless vessels* or those flying the flag of a country that is not a cooperating party. EU countries send any inspection findings of stateless vessels and any action they have taken under international law to the Commission.

CONTROL AND INSPECTION MEASURES SPECIFIC TO ZONE 3

Each EU country must ensure that vessels flying its flag respect the Inter-American Tropical Tuna Commission measures incorporated into EU law and the relevant International Dolphin Conservation Programme agreement measures.

BACKGROUND

The EU participates in regional fisheries organisations (RFMOs) which allow cooperation on the conservation and management of stocks of highly migratory fish. As a contracting party, it is required to apply the control and monitoring measures resulting from recommendations adopted by these RFMOs.

International Convention for the Conservation of Atlantic Tunas (ICCAT Convention): this convention set up the International Commission for the Conservation of Atlantic Tunas (ICCAT). Its recommendations on conservation and management in the convention area are binding on the contracting parties.
Indian Ocean Tuna Commission: this Commission works to strengthen international cooperation for the purpose of conserving and rationally using tuna and related species in the Indian Ocean and adjacent areas. It adopts recommendations which are binding on the contracting parties.
Fattening: the raising of individuals in cages to increase their weight or fat content with a view to marketing.
Longlining: a commercial fishing method that makes use of long lines with baited hooks attached at intervals as fishing gear.
Transshipment: the transfer of a catch from a smaller fishing boat to a larger one which then incorporates it into a larger batch for shipment.
Stateless vessels: vessels for which there are reasonable grounds for suspecting it to be without nationality.

DOCUMENTS

Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (OJ L 263, 3.10.2001, pp. 1-8)

Amendments to Regulation (EC) No 1936/2001 have been incorporated in the original text. This consolidated version is of documentary value only.

Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, pp. 1-21)

Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, pp. 1-32)

Council Regulation (EC) No 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in bluefin tuna, swordfish and bigeye tuna within the Community (OJ L 295, 13.11.2003, pp. 1-42)