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Final <strong>Report</strong>
RoO Derogation under the PACP-IEPA
For domestic vessels, the CCs, FVFODF, logbooks and transhipment documents are submitted
electronically to NFA, cross-checked against VMS records, and then sent back to the processors after
stamping and authorization. 179 CCs for domestic vessels were processed in 2010. The CER PNG
concluded for domestic vessels that “the functionality of the CC validation and verification system
was thorough, with no opportunity for manipulation” but that the system could be improved by
shared access to the electronic system amongst NFA Head Quarters, NFA port offices and industry,
which is now occurring.
For chartered (locally-based foreign) vessels, the CCs are provided by the relevant CA, usually BFAR
Philippines, but could also include Taiwanese and Chinese CAs. 214 The PNG FVFODF, vessel logbooks
and the EU CC are sent to the appropriate BFAR office (usually General Santos). After processing and
dispatch to PNG, the Annex 4 form and validated CCs are submitted to the NFA port office for
endorsement.
Delays are often encountered in the Philippines (up to 40 days) due to lack of, or unavailability of
BFAR staff. Any delegation of powers to NFA for catch certification of chartered vessels would be
rejected by the EC, which has explained to the two parties that in the spirit of UNCLOS and the FAO
IPOA-IUU and in line with the IUU Regulation, it is the responsibility of the flag state to validate the
CC.
Foreign vessels with a national CA landing into PNG could include, inter alia, Korea, Japan, USA, but
mostly involve Philippines bilateral access vessels which fish almost exclusively in the PNG EEZ and
unload a portion of catch to PNG plants for processing and subsequent export. For such vessels, the
procedures are the same as for chartered vessels. Similar delays may also occur whilst awaiting the
validated CC from the flag state (Philippines).
Some questions have been raised over landings from Vanuatu flag vessels which have no flag state
notification under the IUU Regulation. However, such fish is reportedly processed as frozen cooked
loins and exported to the US and Thailand. The PNG CA will need to ensure that adequate audit
processes are in place to ensure that the increasing number of locally-based processing plants follow
traceability of their products and ensure that non-qualifying EU IUU Regulation fish is not exported
to the EU.
A potential concern for the EU is that product may be laundered through SE Asia, using umbrella or
dummy CCs, and find its way to the EU market, but this has yet to be demonstrated in the case of
PNG-origin fish. There also concerns with carrier imports and exports, where, though minor in scale,
there is an opportunity for additional fish to be added as transfers may not be fully monitored by
215
BFAR.
With the PNG CCS now nearing its second year of operation, the review considers that the
introduction of the PNG CCS has not adversely affected the volume of exports. 216 Industry feels that
whilst some adjustment was needed, the CCS has not been too onerous, and that the verification
and validation processes have complemented existing MCS activities. Whilst arriving at a positive
assessment of the functionality of the PNG CCS, the PNG Country Evaluation <strong>Report</strong> (CER) made a
series of recommendations for future action, including:
214 There is also one locally-based foreign/chartered Japan vessel (Wakabu 8), but it is not confirmed if fish
from this vessel is certified for EU export.
215 Banks 2011.
216 Banks 2011.
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