SGS Product & Process Certification - Marine Stewardship Council

livelihood; and
- Incorporates an
appropriate dispute
resolution framework.
regulation necessary for the
sustainability for the fishery.
(4-60) The management system
has a mechanism to generally
respect the legal rights created
explicitly or established by
custom of people dependent on
fishing for food or livelihood in a
manner consistent with the
objectives of MSC Principles 1
and 2.
(3-80) The management
system has a mechanism to
observe the legal rights created
explicitly or established by
custom of people dependent
on fishing for food or livelihood
in a manner consistent with the
objectives of MSC
Principles 1 and 2.
(3-100) The management
system has a mechanism to
formally commit to the legal
rights created explicitly or
established by custom on
people dependent on fishing
for food and livelihood in a
manner consistent with the
objectives of MSC Principles 1
and 2.
Scoring comments
At EU level, fisheries are managed through the CFP in accordance with the basic fisheries regulation (EC. 2371/2002).
Article 2.2 of this regulation states, ―The Common Fisheries Policy shall be guided by the following principles of good governance:
(a) clear definition of responsibilities at the Community, national and local levels;
(b) a decision-making process based on sound scientific advice which delivers timely results;
(c) broad involvement of stakeholders at all stages of the policy from conception to implementation;
(d) consistent with other Community policies, in particular with environmental, social, regional, development, health and consumer protection
policies.
At National Level, the Dutch Government‘s Fisheries Act (Visserijwet, 1963) forms the basis for the implementation of the reformed EU
CFP. (2371/2002). The act established an institutional framework, licensing procedures and control and enforcement responsibilities. The
management system – both at EU and national level – is consistent with local, national or international laws or standards that are aimed at
achieving sustainable fisheries in accordance with MSC Principles 1 and 2 (1-60).
A clear legal framework also exists for judicial decisions to be appealed against both at national, and if necessary EU level. The Dutch legal
system is known to be effective and has transparent mechanisms (court actions, appeal) for the resolution of legal disputes. The Dutch
fisheries management system is subject by law to a transparent mechanism for the resolution of legal disputes that is appropriate to the
Page 96 of 151