Brexit and IUU Fishing

Introduction

The Government of the United Kingdom (UK) has announced that it will trigger the procedure for withdrawal from the European Union (EU or Union) in March this year. As part of this process, the UK is likely to leave the Common Fisheries Policy (CFP), reclaim its exclusive economic zone (EEZ), and resume international activity as a single State for the purposes of exercising rights and responsibilities as a flag, coastal, port and market State. Consequently, it will take its own decisions in international fisheries fora and bilateral negotiations, including for the purposes of illegal, unreported and unregulated (IUU) fishing control. This blog post discusses what the UK’s withdrawal from the EU may mean for the fight against IUU fishing, and related fisheries control policies that have so far been shared between the UK and the other States in the Union.[1]

Background to the Legislation for IUU Fishing Control in the European Union

Council Regulation (EC) 1005/2008 (the IUU Regulation) was adopted by the European Council on 29 Sept 2008, and came into force in January 2010, alongside implementing Commission Regulation 1010/2009.[2] The IUU Regulation and its complementing legislation establish a legal and institutional framework for cooperation in the fight against IUU fishing. They articulated a set of administrative and operational controls across the Member States of the EU, through which non-EU States with regulatory authority over fishing activities are engaged in respect of detected IUU fishing activity.

Axiomatic to the regulatory framework of the IUU Regulation is State compliance with all applicable international fishery conservation laws, and regional conservation and management measures. The IUU Regulation primarily concerns IUU controls on imports of non-excluded seafood products from outside the EU,[3] as well as re-exports. Failure to observe international obligations in respect of flag, coastal or market State responsibilities may prompt warnings,[4] and under certain circumstances also trade suspensions. The IUU Regulation is based on the premise of mutuality in cooperation among Member States as well as third countries, which is underpinned by information exchange and verification processes.[5]

The IUU Regulation and the UK

As a member State of the European Union, the UK responded to the adoption of the IUU Regulation by adapting its domestic legal, operational and administrative framework in support of the shared regulatory objective to control IUU trade. DEFRA contributed to the development of operational systems, regulatory structures, training and the strengthening of communications with the Commission and with the other Member States of the Union. DEFRA and SeaFish published information on the main provisions of the Regulation, and its implementation in the United Kingdom. Regulatory adjustments were made under the powers conferred by section 2(2) of, and paragraph 1A(f) of Schedule 2 to, the European Communities Act 1972, and section 30(2) of the Fisheries Act 1981 for the implementation of the Regulations by way of the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009.[6] UK businesses, particularly importers and retailers, have invested considerable effort in adapting to the requirements of the IUU Regulation, and arguably have an interest in the maintenance of IUU controls as a domestic policy.

UK Withdrawal from the EU and IUU Fishing Control

Given its full integration in the regulatory arrangements that underpin IUU control in the Union, and the high rate of importations recorded by UK authorities, the withdrawal of the UK from the EU will not be consequence-free. Some of the effects of its withdrawal are likely to be potentially damaging for both parties, and detrimental to the objectives of the IUU Regulation.

Among the regulatory processes that appear less vulnerable to the impact of the UK’s withdrawal from the EU are catch certification arrangements. The flexibility of the regime is evidenced by existing agreements between the EU and non-member States, including New Zealand, the United States and Norway. These arrangements recognise the similarity of domestic regulatory approaches for the purposes of certification, agency interaction, and record keeping.[7] The UK’s integration in the regulatory fabric of the EU in all aspects of IUU fishing control to date suggests that certification arrangements are likely to be perpetuated. There may, however, be loss of coherence between the arrangements if there is no parallel reflection of planned future improvements.

Other cooperative arrangements under the IUU Regulation may be more vulnerable to the negative consequences of the UK’s exit. Among these, the removal of the UK from the internal administrative web of cooperation that supports the operational dimension of the IUU Regulation. This includes intelligence-sharing arrangements concerning IUU risk and verification data under Chapter IV of the IUU Regulation, which establishes the Community Alert System. The sharing of methodologies is essential to avoid misreporting and discourage port-hopping, one of the most important factors in the perpetuation of IUU fishing practices. Inter-agency cooperation and risk assessment systems are key for controls to be effective, and for enabling learning and adaptive growth and resilience against the highly dynamic nature of IUU fishing capture and ensuing transport and processing practices.

Responses to Confirmed IUU Fishing Activity 

The European Commission has adopted a high profile policy of warning third countries that it suspects as being non-cooperating for the purposes of IUU fishing control. The yellow and red carding system follows a formal process of approval that may culminate in the adoption of restrictive measures, including the possibility of trade suspensions, under Article 38 of the IUU Regulation. Once the UK leaves the EU, it will no longer engage in the participatory processes whereby carding decisions are taken, and resulting restrictions will not involve the UK market. This is likely to weaken the reach of some of the measures, as these commonly depend on scale and homogeneity for effectiveness, such as  restrictions in the provision of services to third country IUU listed vessels.[8]  Although there is likely to be loss of coherence in sanctioning approaches, some vessel black lists should persist, insofar as they concern regional fishery organisations of which the UK becomes a party. Lastly, the risk of deregulation in the UK, if ultimately realised, would accentuate discrepancies in market controls.

The IUU Regulation and Shared Stock Management

Upon exit, UK exports to the EU will be subject to the controls and conditions of the IUU Regulation.[9] Regular EU importation processes have been built on a certification strategy that is currently shared by the UK, and should not need major adjustment. International legal obligations exist for both parties in respect of the conservation and cooperative management of shared and straddling stocks under the 1982 United Nations Convention on the Law of the Sea, the 1995 Fish Stocks Agreement, and other applicable global and regional treaties. Potential breaches are in principle relevant for the operationalisation of the IUU Regulation, although only in respect of stock intended for exportation to the EU.

Conclusion

The UK’s departure from the Union has the potential to be detrimental to IUU fishing control policies, given the UK’s prominence as an import market. The overall loss of EU market size, impoverishment of intelligence-sharing mechanisms, and loss of integrity in the articulation of responses to IUU fishing, may erode the efficiency of the system, and cause it to lose global impact in some cases. For the UK, there may be a loss of resilience and opportunity for adaptation to IUU threats, resulting from the withdrawal from EU cooperation, data-sharing and training networks. In order to minimise negative impacts, and given that currently there are no fundamental differences in the IUU control mechanisms in place in the UK and the rest of the Union, the perpetuation of harmonised administrative and operational arrangements should, where possible, be maintained.

There is a risk that the current success of the EU’s approach to IUU fishing control may be unnecessarily damaged, especially if there is loss of good will as a consequence of frictions in shared or straddling stock management negotiations. The IUU Regulation is a flagship tool in the EU’s continuing external fisheries policy, and one of which the UK has been a strong supporter. Maximising the integrity and resilience of the processes it has helped create is essential for the success of IUU fishing control worldwide. The continuing observance of applicable international conservation and cooperation commitments by both parties will be instrumental to ensure the perpetuation of its success.

Mercedes Rosello, February 2017.

[1] This blog post is a considered opinion by the author only, and has not been written or published for the provision of legal advice.

[2] Later additions include Regulation 86/2010, updating the list of excluded products.

[3] Article 8.2 of the IUU Regulation states: ‘fishery products’ mean any products which fall under Chapter 03 and Tariff headings 1604 and 1605 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), with the exception of the products listed in Annex I (…).

[4] Article 31.3 of the IUU Regulation.

[5] See Preamble paragraph 38, and Article 12.4 of the IUU Regulation.

[6] http://www.legislation.gov.uk/uksi/2009/3391/pdfs/uksi_20093391_en.pdf. The Order implemented sanctions under Regulation 2847/93, later repealed by Regulation 1224/2009 (the Control Regulation). In Scotland, similar arrangements were made through the Sea Fishing (Illegal, Unreported and Unregulated Fishing) (Scotland) Order 2013.

[7] Specimen catch certificates and provision for the development of assistance and data exchange processes are set out in Regulation 86/2010.

[8] See Articles 4.2, 5.2 and 6.1(b) of the IUU Regulation.

[9] Article 31.4(a) of the IUU Regulation.

The US, the EU and IUU – Part 2

Nobody can tackle IUU fishing alone: Will opportunities for global leadership be grasped?

Vessel suspected of IUU fishing awaiting auction in South Africa. Credit: Muscat Daily

Vessel suspected of IUU fishing awaiting auction in South Africa. Credit: Muscat Daily

Those who doubted the potential of the European Union’s Council Regulation 1005/2008 (the IUU Regulation) to change the laissez-faire culture that has been prevalent for too long in respect of illegal, unreported and unregulated (IUU) fishing activities inside and outside EU borders have had plenty of food for thought over the past four and a half years. In the time since the IUU Regulation came into force, the yellow card warning system, followed up on occasion by a trade-suspending red card, have seen a significant change in the administrative practices of a number of fish producing countries. Most importantly, the IUU Regulation has placed IUU fishing high in the agendas of nations that had previously not been predisposed to delve into the issue.

True, the regime is not perfect and there is yet much work to do to make a true dent in the global IUU trade. IUU fishing practices continue to cause vast losses to the worldwide economy (Eur. 10 Bn, according to the European Directorate for Maritime Affairs and Fisheries – DG Mare- which is equivalent to 19% of the reported value of catches worldwide). In addition, the destructive and insidious nature of IUU operations cause important harm not only to fish stocks and the marine environment, but also undermines every seafood producing fleet that plays by the rules. The ungovernable nature of covert IUU activities means that administrations that are keen to ensure sustainable exploitation have their work systematically undermined by the covert, dishonest nature of unreported captures.

Millions of people depend on seafood for nutrition as well as work and income, not just in producing countries, but also through the processing, importation and distribution and retail of seafood products. Further, many of those involved in fisheries have close, even ancestral, cultural ties to the activity. In many regions of the world (including of course the EU) domestic fishery production cannot match internal demand, and imports from third countries have become a necessity.

What this means, of course, is that the conservation and sustainable management of fishery resources is a collective, thoroughly intertwined effort of many actors and of very diverse nationalities. Nobody can tackle IUU fishing alone, irrespective of how much they may want to.

Yet, not everyone wants to. Routine commercial narratives evidence attitudes where business as usual, and turning a blind eye to stock erosion and illegality creep, are rife. A good illustration of such attitudes was a recent comment made to the Thai press by the head from a national fishery association, asserting his view that the yellow card presented to Thailand over IUU fishing by the EU must have more to do with protectionism and political intervention rather than with the relevance of Thailand’s mismanagement of the considerable presence of IUU activity in their production chains (not to mention the serious mistreatment of people, including their trafficking and abuse, marring the Thai seafood industry). If a comment ever represented a lack of consciousness as well as conscience, then this is it.

The interviewee’s suggestion that Thailand should seek to export to the Middle East, rather than put in an effort to clean up its act is sadly representative of a type of viewpoint that prioritises short-term, entrenched approaches that are not only ultimately doomed to failure, but which also represent a real risk for all administrations working toward long term, rational and fair approaches to seafood production and trade.

It is clear that a sustained collective effort is needed in order to address and change such attitudes and get to the root of IUU activity. With this in mind, the Presidential Task Force on Combating IUU Fishing and Seafood Fraud has recently presented its Action Plan for Implementing the Task Force Recommendations has caused some degree of concern at House of Ocean. Whilst much of what is contained here is ambitious and commendable, it is striking that no mention is made anywhere in the report with regard to trade measure compatibility with existing programmes and regimes. In particular, coordination with the EU is only mentioned in the context of the Transatlantic Trade and Investment Partnership (T-TIP) agreement, the negotiations of which are still ongoing. No mention is made anywhere in the Action Plan of the specific measures adopted by the EU to combat IUU fishing to date, nor those adopted by Regional Fishery Management Organisations since the onset of the 21st Century. Perhaps the Task Force is reluctant to admit that the US has lagged behind in the development of IUU-specific trade measures?

However, it now has a golden opportunity to seek convergence with existing regimes, to make a substantial contribution to their improvement and expansion, and to become a formidable co-architect and a leading engineer in the fight against IUU operations. To sacrifice such an important global role for the sake of less cooperative solutions may only serve to perpetuate the tragedy of our ocean.

Sources

http://ec.europa.eu/fisheries/documentation/publications/2015-04-tackling-iuu-fishing_en.pdf

http://www.nmfs.noaa.gov/ia/iuu/noaa_taskforce_report_final.pdf

http://www.nationmultimedia.com/national/EUs-motive-behind-yellow-card-queried-30259466.html

 

 

The US, the EU, and IUU

On 17th June 2014, the White House released a Presidential Memorandum in which some initial measures to combat illegal and unregulated fishing were established. A task force which included representatives from Environment, Commerce, Department of State, Interior, Justice and Defence was integrated with the aim of advising the White House on the design of a comprehensive framework to counteract IUU fishing.

The task force has now passed its recommendations, and opinions are being sought on their implementation from a wide range of stakeholders.

Imports from Sri Lanka have been banned by the EU (photo credit: The Grocer)

Imports from Sri Lanka have been banned by the EU (photo credit: The Grocer)

Amongst other things, the US is seeking to develop in cooperation with RFMOs and other governments catch traceability systems that are compatible with those already established regionally.

The US should do well to look across the Atlantic to the EU’s catch certification system implemented under Council Regulation 1005/2008 (The IUU Regulation). The certification system is already widely used by a large number of exporting nations and has been designed with RFMO and WTO compatibility in mind.

Amongst its strengths is the scheme’s ability to engage exporting flag States in the catch certification process, hence affording a high degree of definition to the general international obligation to cooperate in an objective and transparent manner. Further, by endorsing the catch certificate at point of capture, exporting flag States are, in a single act, publicly assuming their international responsibilities of vessel control, effectively declaring to any purchaser the legality of the catch.

The consequences of illegality being subsequently demonstrated have already been shown, as a number of exporting flag States have been yellow-carded since the scheme came to life in January 2010. Others who had systematically endorsed the legality of IUU products have already seen the large, lucrative European markets close their doors to them, in essence being made to assume to cost of illegal fishing by their fleets. Belize, Guinea, Cambodia and Sri Lanka have all been at the receiving end of this treatment, with Belize being so far the only one re-admitted to trading upon making legislative improvements.

In fact, the toothmarks of the IUU Regulation are already visible: The Republic of Korea is tightening controls over its mighty distant water fleet, and Ghana and Philippines have publicly highlighted multiple initiatives to combat IUU fishing since they were notified of a yellow card by the Commission. Even Thailand, who has not been formally warned yet, is reportedly hurrying to improve fisheries controls. Fiji, Panama, Togo and Vanuatu have also addressed structural regulatory deficiencies in vessel control, whilst other countries still under warning (Curacao, St Vincent & Grenadines, Tuvalu, St Kitts & Nevis, and Solomon Islands) are said to be working through their respective regimes.

With the US now looking outward to implement its own trade and traceability system, there is a unique opportunity to strengthen and unify market mechanisms to filter out illegal produce and reward those who are able to demonstrate the legality of their catch.

There is also a unique chance to contributing to strengthen the capability and resilience of the EU catch certificate by making a push towards a joint move from paper to electronic certification – something that would make the traceability element of the certification more reliable and the system in general less susceptible to tampering.

Lastly, electronic schemes capable of coordination should also be capable of integrating two fundamental elements for effectiveness: the ability to trace imports by species, quantity, capture location and nationality, and the ability to marry import data with exporting vessel identity and its VMS readings.

Because, ultimately, only knowing and sharing the truth about capture data will arm regulators with the right tools to defeat IUU fishing.

Sources:

http://ec.europa.eu/fisheries/cfp/illegal_fishing/info/index_en.htm

http://www.state.gov/r/pa/prs/ps/2014/12/235173.htm

http://www.undercurrentnews.com/2015/01/26/thailand-reportedly-scrambles-to-fight-iuu-as-eu-yellow-card-looms/

IUU Fishing and Europe: Control Begins at Home

Oceana has reported on the concerning state of swordfish fisheries in the Mediterranean, highlighting in particular the indiscriminate targeting and trading of this fish by EU (particularly Italian) vessels.

Photo Credit: Greenpeace, sourced from worldfishing.net

Photo Credit: Greenpeace, sourced from worldfishing.net

According to the NGO, EU inspectors recorded a series of serious incidents in Italy during March 2013. These included the widespread trading of undersized swordfish, unusually large volumes of landings, pervasive irregularities in vessel and catch documentation, disinterest by local authorities and disregard for regional conservation measures.

Oceana have also denounced the fact that high market prices are working as an incentive for this irresponsible harvesting of vulnerable Mediterranean swordfish populations. The NGO is calling for the EU to work towards defining sustainability measures in ICCAT and be coherent with European sustainability objectives.

Having visited the beautiful coast of Southern Italy last year, I was struck by the widespread presence of undersized fish in markets, the ubiquitous presence of monofilament net in small fishing vessels and the presence of gill nets in areas that were supposedly protected. In addition, superficial enquiries revealed that flaunting fisheries laws in respect of tuna and swordfish appears to be accepted as common.

Of course this was in no way a scientific research exercise and I accept that the views of the people I spoke to may not be representative of others in the region. However, the reports made by the Commission’s own inspectors are, according to the NGO, alarming and strongly suggestive of a widespread culture of non-compliance.

In my opinion, this should concern the Commission deeply, and not just from the perspective of swordfish conservation.

Firstly, whilst some countries in Europe are making an effort to implement the Control and IUU regulations, it is becoming increasingly obvious that others are not. The strength of our common legislation lies in the success of coordinated control measures. Any systemic compliance voids are, effectively, tears in the European fabric of fisheries control and they must be identified and closed before they become gaping wounds.

Further, and perhaps most importantly, the EU has sustained a very high-profile campaign against IUU fishing internationally. The IUU Regulation is a legal achievement whose technical and political success at global level may not have been possible just a few years back. However, if the EU wants to continue to lead the fight against IUU fishing unchallenged, it must be itself a model of compliance.

The Commission now needs to act urgently and decisively to ensure the uniform implementation of our common fisheries laws in the territory of the Union and to show the world that IUU fishing will not be tolerated wherever it occurs. If our domestic fleets’ depredations go unaddressed, others may begin to question the legitimacy of the Control and the IUU Regulations and the significant compliance efforts that some European countries have made may yet turn sterile.

Mercedes Rosello

PhD Candidate (University of Hull)

Sources:

http://www.thefishsite.com/fishnews/24421/european-commission-documents-prove-illegal-fishing-of-swordfish

Illegal Fishing Control: Why Europe Needs a Common Software Platform

Council Regulation 1005 / 2008 (the IUU Regulation) is a European Union (EU) legislative tool designed to reinforce and support pre-existing normative measures established by the international community to control illegal, unreported and unregulated (IUU) fishing.

 

Transhipment, Central Pacific (Image Credit: underwatertimes.com)

The potential of the IUU regulation to disincentivise IUU fishing practices gravitates around

  • the indisputable power of the EU as port and market State, and
  • on the ability of the EU to implement the IUU regulation in an even and watertight manner.

These are in fact like two sides of the same coin, since loopholes in implementation leading to IUU importation windows can de facto give rise to different standards within the common trade boundary and make coordination impossible.

A recent report offers an insight into progress made in implementing the Regulation, which came into force on the 1st of January 2010.[1] The report offers a useful overview of the different degrees of investment, reorganisation and resource reallocation in each of the Member States pursuant to the requirements of the IUU Regulation.

According to the authors, the catch certification system imposed by the Regulation has placed a heavy administrative burden on Member States. Implementation has been uneven and differences in approach cannot always be attributed to differences in patterns such as seafood trade volume, financial resilience or pre-existing know-how: Whilst large importers such as Denmark and Spain have developed interactive IU tools, others (including some with considerable importation volumes) have not done so. The same is true of intelligence data gathering processes.

For example, highly sophisticated IUU tracking software and data capture systems in Spain have not been replicated (and are not supported) in other Member States. This unevenness in the implementation of the Regulation leads to inefficiencies, penalises better implementation and causes potential diversions of legitimate trade.

Increased data and know-how sharing can address other weaknesses of the IUU Regulation such as the inability of the imports system to deter the duplication of catch certificates during processing operations in 3rd countries.[2] Increased knowledge and sharing of processing methodologies and conversion data could help address this issue.

As no common IT platform exists with the capability to cross-check import volumes, sources, fishing arts, time of capture and composition, States are rendered powerless to flag suspected IUU imports in a timely fashion.

This problem became manifest earlier this year when the Spanish government decided to suspend the importation of Vietnamese swordfish over IUU concerns.[3] According to Madrid sources, an audit identified a volume of 502 metric tonnes (mt) of swordfish captured in 2012 by Vietnamese vessels (according to catch certificate data) being imported into Spain despite Vietnam having declared to the Western and Central Pacific Fisheries total capture volumes of only 372 mt for that time period. Vietnam exports swordfish to other European countries, but the capture declaration shortfall had not been identified in any other Member States.

Swordfish (xiphias gladius). Image Credit: fisherynation.com

Swordfish (xiphias gladius). Image Credit: fisherynation.com

If this is alarming, the potential discrepancy between the volumes of West & Central Pacific swordfish declared for 2012 and those actually captured is even more so.

A common software audit platform would enable European Fisheries authorities to identify IUU fishing importation trends as well as to ascertain species under-declaration volumes – such IUU trade-flows could then be used as solid, objective data upon which the Commission could identify third countries for potential inclusion in the EU non-cooperating third country list.

Perhaps this could even be integrated with the public EU alert system once it is operational, so that awareness of IUU fishing trade flows and vessel data and activity could be integrated, shared and uniformly acted upon.

Footnotes:

[1] To access the full MRAG report, click here: http://ec.europa.eu/fisheries/documentation/studies/iuu-regulation-application/doc/final-report_en.pdf

[2] This weakness was also highlighted in a 2013 report published in April by Sasama and FMP Consulting. To access, click here http://sasama.info/en/pdf/reports_17.pdf)

[3] http://www.undercurrentnews.com/2014/06/30/spain-seeks-eu-wide-suspension-of-vietnamese-swordfish-imports/

What is IUU Fishing?

Post published by the House of Ocean on the 24th June 2014 on http://iuufishing.ideasoneurope.eu 

Illegal, unreported and unregulated (IUU) fishing is a major global fisheries problem. It has undesirable effects on fish stock survival, the marine environment and on human populations. 

Illegal Trawling in the Canary Islands (Google Earth)

Illegal Trawling in the Canary Islands (Google Earth)

IUU fishing results from the failure of States to monitor the fishing activity of their vessels and to enforce laws and regulations. Because of its furtive nature, IUU fishing undermines measures to manage fisheries sustainably, directly affecting law-abiding fisheries actors that compete for the same stock whilst bearing more of the regulatory and financial burden.

A cause of food and work insecurity in vulnerable coastal nations, IUU fishing also distorts competition as fishing operators who avoid compliance with laws and regulations gain competitive advantage. It reduces fishing opportunities for law-abiding operators, putting lawful fisheries at risk.

IUU fishing has been linked to crime at sea, including the trafficking of human beings, protected wildlife, weapons and drugs.

Typical IUU fishing behaviours include fishing without a valid licence, not recording or communicating catch data, fishing in restricted areas, targeting unauthorised species, using banned gear, falsifying or concealing the vessel’s identity or itinerary, obstructing the work of inspectors or enforcers, targeting undersized fish, engaging in unauthorised transhipments, participating in fishing or fisheries support activities with vessels in an IUU black list or  operating in breach of the conservation and management measures of Regional Fisheries Management Organisations.

The European Commission has judged the situation to be sufficiently serious as to put in place systems whereby States that do not put measures in place to address IUU fishing are identified. The European Union has now formally warned Vanuatu, Fiji, Panama, Sri Lanka, Togo, Korea, Ghana, Curacao, Philippines, and Papua New Guinea. Upon the Commission’s recommendation, The European Council took the decision earlier this year to ban seafood imports from Guinea, Belize and Cambodia, who are considered by the EU to be condoning IUU fishing.

The furtive nature of IUU fishing means that its true scale is difficult to calculate, though a 2009 study by Agnew D.J. and others suggests annual costs of between US $ 10 and 23.5 Billion. Around one-fifth of global marine captures is thought to be illegal in origin.

 

Ghana responds to new EU warning over illegal fishing

The European Commission has warned Ghana that a single additional case of illegal, unreported & unregulated (IUU) fishing could bring about the closure of the entire EU market to Ghanaian fish exports.

Mr Bayon Bilijo, Fisheries and Aquaculture Minister, has held a press conference to update stakeholders on his government’s developments to tackle IUU fishing in response to this warning, which was issued during EU-Ghana talks in May.

According to the Minister, Ghana has adopted a plan of action to control illegal fishing and to better manage its fisheries resources. The country’s legislative framework has been reinforced and new fisheries regulations will be promulgated later this year. Mr Bilijo has also reassured interested parties that all Ghanaian tuna vessel have now been fitted with tracking systems (VMS) as required of all EU trading partners.

However, despite the Commission’s warning Ghana’s trawlers have not yet been fitted with VMS, though the Minister indicated that this will be addressed over coming weeks.

Tuna imports from Ghana could be banned by the EU (photo credit: The Grocer)

Tuna imports from Ghana could be banned by the EU (photo credit: The Grocer)

The Ghanaian economy relies heavily on seafood processing and exportation to the EU and a ban could have deep repercussions in terms of revenue and employment losses. A local export firm, Myroc Food Processing (MFP), announced losses of $ 5 Million following the Commission’s formal warning (or ‘yellow card’) to Ghana in November 2013. MFP reportedly has had to reduce its workforce and export volumes substantially despite the fact that no ban is yet in place.

The European Commission’s decision to issue the yellow card was taken following significant IUU fishing concerns. These included notifications by the International Commission for the Conservation of Atlantic Tuna (ICCAT) regarding undisclosed cargo transfers (transhipments) between vessels flagged to Ghana in breach of ICCAT rules. To see the full text of the Commission’s decision, click here.

In April 2013, large amounts of processed tuna from Ghana were rejected upon arrival at port by Spain and other European countries. In the UK, the importation of numerous consignments of processed tuna from Ghana was suspended. Containers were kept in port incurring substantial quay rent whilst lengthy investigations into the IUU fishing allegations took place.

A ban on Ghanaian seafood could impact UK importers significantly, since the reported annual value of tuna imports from Ghana is in the region of £27 Million.

It is not yet known whether a possible ban would affect Ghanaian fisheries exports to other countries. It has been recently reported that Ghana and Seychelles have entered an agreement to bolster each other’s tuna exports to the EU, as both countries’ tuna seasons peak at different times of the year. An EU market ban may endanger commercial arrangements such as this one, given the strict origin and re-export rules adopted by the EU with the implementation of Regulation 1005/2008 (the IUU Regulation) in January 2010.

Sources:

http://www.seychellesnewsagency.com/articles/532/Ghana+and+Seychelles+to+top-up+each+others+tuna+exports

http://www.undercurrentnews.com/2013/09/10/ghanaian-tuna-exporter-loses-5m-due-to-eu-trade-snags/

http://allafrica.com/stories/201406050752.html

http://www.thegrocer.co.uk/fmcg/fresh/tuna-imports-held-following-warnings-of-illegal-fishing/238499.article