E - Iccat

ICCAT REPORT 2002-2003 (II)
invoking unilateral trade measures without the proper supervision of the Commission. Ideally, a dispute
settlement mechanism among Parties and interested Parties over the imposition of trade-related measures should
be formulated.
7. ICCAT should note seriously the relationship between its compliance mechanism invoking trade sanctions
and trade rules of WTO.
Trade restrictive measures, according to ICCAT´s draft resolution, will be applied in a non-discriminatory
manner. Nonetheless, such, measures, usually in the form of an import ban, would be arguable in conflict with
Quantitative Restrictions set in Article XI of the GATT 1994. It remains unclear whether the measures may
qualify as general exceptions in Article XX mainly because no similar dispute has been brought to the WTO. It
should be noted that the WTO has noticed the use of trade measures by environmental organizations, including
ICCAT. To secure the mutual supportiveness of two institutions, exchange of relevant information regarding the
invocation of trade restrictive measures is essential. We, nevertheless, would like to remind the Commission that
the approval of the procedure of applying trade sanctions by all ICCAT members might not necessarily
guarantee the eventual justification under specific WTO rules.
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Appendix 3 to ANNEX 4.2
Draft Resolution by ICCAT on Supplementary Procedures for ICCAT Trade-related Measures
Recalling the Commission’s 1994 Resolution by ICCAT Concerning an Action Plan to Ensure the
Effectiveness of the Conservation Program for Atlantic Bluefin Tuna (BFT Action Plan: [Ref. 94-3]), the
1995 Resolution by ICCAT Concerning an Action Plan to Ensure the Effectiveness of the Conservation
Program for Atlantic Swordfish (SWO Action Plan: [Ref. 95-13]), the 1996 Recommendation by ICCAT
Regarding Compliance in the Bluefin Tuna and North Atlantic Swordfish Fisheries (Compliance
Recommendation: [Ref. 96-14]), the 1997 Recommendation by ICCAT Regarding Compliance in the South
Atlantic Swordfish Fishery (Compliance Recommendation [Ref. 97-08]), and the 1998 Resolution by
ICCAT Concerning the Unreported and Unregulated Catches of Tunas by Large-Scale Longline Vessels in
the Convention Area (UU Catches Resolution: [Ref. 98-18]);
Also recalling the 2001 Resolution by ICCAT Concerning More Effective Measures to Prevent, Deter and
Eliminate IUU Fishing by Tuna Longline Vessels [Ref. 01-19];
Noting the adoption of Recommendation by ICCAT Concerning the Establishment of an ICCAT Record of
Vessels Over 24 Meters Authorized to Operate in the Convention Area [Ref. 02-22] in its 2002 meeting;
Noting that trade restrictive measures should be implemented only as a last resort, where other measures
have proven unsuccessful to prevent, deter and eliminate IUU fishing;
Also noting that trade restrictive measures should be adopted and implemented in accordance with
international law, including principles, rights and obligations established in WTO Agreements, and
implemented in a fair, transparent and non-discriminatory manner.
The International Commission for the Conservation of Atlantic Tunas (ICCAT) resolves that;
[A. As far as the fishing activities are conducted by Illegal, Unreported and Unregulated (IUU) large-scale tuna
longline vessels (LSTLVs), the UU Catches Resolution, instead of the BFT and SWO Action Plans, should
be applied to the Contracting Parties and Cooperating non-Contracting Parties, Entities or Fishing Entities
(hereinafter “CPCs ”) and non-Contracting Parties, Entities or Fishing Entities without cooperating status
(hereinafter “NCPs”) exploiting Atlantic bluefin tuna and swordfish. For the purpose of this paragraph, the
CPCs and NCPs which have already been sanctioned pursuant to the three schemes (94-3, 95-13, and 96-
14) because of the fishing activities by their LSTLVs are deemed to be sanctioned pursuant to the UU
Catches Resolution.]
B. The following supplementary procedures should be applied in implementing the UU Catches Resolution:
1. In making identifications and deciding whether to recommend that trade restrictive measures be imposed,
the Compliance Committee and/or PWG should take into consideration any relevant matters, including the
nature, circumstances, extent, and gravity of fishing activities that may have diminished the effectiveness of
ICCAT conservation and management measures.