Report on the Implementation of the derogation to ... - Trade Websites

Final <strong>Report</strong>
RoO Derogation under the PACP-IEPA
EU IUU-Fishing Regulation requirements
In an effort to combat the flow of IUU fish into the EU market, in September 2008 the EU adopted a
Regulation (EC Regulation No. 1005/2008) establishing a system to prevent, deter and eliminate illegal,
unreported and unregulated (IUU) fishing (referred to as the ‘IUU Regulation’), which entered into force
on 1 January 2010. As of this date, only flag states that have their notification accepted by the European
Commission are authorized to export fisheries products to the EU, either directly or indirectly after
processing in another country. 33
PNG’s notification was accepted on 4 February 2010, with NFA nominated as the Competent Authority
for the purposes of the IUU-Regulation. Since that time, procedures have been put into place for catch
certification of PNG flag vessels. In the case of Philippines chartered and foreign vessels, Philippines
Bureau of Fisheries and Aquatic Resources (BFAR) has been notified as the principal institution
responsible inter alia for the issuing of catch certificates, in line with flag state reporting responsibilities.
Hence, catch certificates for Philippines vessels fishing in PNG waters are issued by BFAR. Similarly, in
accordance with flag state reporting principles, Taiwan, Japan, China and Korea, amongst others, have
CA status and are in a position to validate catch certificates for their flag vessels fishing in PNG. In
addition, their vessels require SPS certification to be able to export to EU (see Section 5.5.3). However,
Vanuatu-flag chartered vessels are unable to supply IUU Regulation (or SPS) compliant fish as Vanuatu
does not have a CA in place for both the IUU and SPS Regulations. With respect to the IUU Regulation
this implies that as the country has no flag state notification status, it cannot issue catch certificates.
Hence, exports to the EU of fish and fish products caught by Vanuatu-flagged vessels (fishing in PNG
waters or elsewhere) are not permitted, irrespective of PNG’s RoO derogation. Similarly, Pacific-Island
flagged vessels with licences under the FSM Arrangement that may fish in PNG waters under the flags of
Kiribati, Marshall Islands and Federated States of Micronesia are also unable to export to the EU, as they
do not have a CA established for the purposes of the IUU (or SPS) Regulation.
A recent review of PNG’s implementation of the IUU regulation suggests that it has performed very well,
and that this additional requirement for EU certification has not limited the supply of compliant raw
material for processing in PNG plants, other than in the case of Vanuatu-flagged vessels (discussed
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further in Section 5.5.3).
Potential future changes in fleet size and profile
With management measures in place to restrict purse seine fishing effort to 2004 levels, indications
are that the rapid growth in vessel numbers fishing in the WCPO experienced during the 2000s has
slowed, and that hard limits to the existing purse seine effort capping scheme (VDS) are starting to be
enforced for the first time in 2011 (see Section 5.3). It is not expected that overall fleet size within the
WCPO will expand significantly in the future, provided the measures in place are respected. The recent
MSC certification of the PNA skipjack fishery stipulates conditions that reference points and harvest
control rules be applied, which will further restrict fleet growth at the regional level (WCPO).
However, the composition of fleets operating within the WCPO may change as replacement and
restructuring by fleet takes place, particularly as a number of fleets are comprised of ageing vessels.
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33 IUU Regulation (EC) No. 1005/2008 of 29 September 2008.
34 Banks 2011.
35 WCPFC Conservation and Management Measure 2008-01.
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