States have to deal with bilateral disputes: European Commission official

The European Commission’s Maritime Affairs and Fisheries spokesperson Oliver Drewes told the Sunday Times ‘Countries which fail to adhere to its responsibility as a flag State and refuse to cooperate in the fight against IUU fishing run the risk of being listed as non-cooperating and no longer be able to trade fish with the EU’.

Following are excerpts of Mr. Drewes responses to question by the Sunday Times. The European Union (EU) has ‘yellow carded’ Sri Lanka for engaging in IUU fishing practices. Can you expand on this please and explain what a ‘yel- low card’ means in this context? The EU IUU regulation aims at preventing the marketing of IUU products in the EU and thereby cutting off profit for illegal operators. This is done by enhancing cooperation between flag, coastal, processing and marketing States by ensuring traceability of all imported (and potentially exported) fish to the EU. Fishery products imported to the EU need to be accompanied by a valid catch certificate. Countries which fail to adhere to its responsibility as a flag State and refuse to cooperate in the fight against IUU fishing may be listed as non-cooper- ating and no longer be able to trade fish with the EU.

Before listing a third country the EU pre-identifies it informing it of the established shortcomings, proposing an action plan to remedy the situation and offering a period of time to cooperate with the EU and take necessary actions. This process is considered a 'yellow card'.

Sri Lanka was pre-identified in November 2012. Taking in consideration the positive reaction and measures implemented by Sri Lanka, in June 2013 Commissioner Damanaki informed Sri Lanka that having taken into account its actions since then, it would remain under pre-identification and provided with additional time to conclude its remedial actions. Is the EU aware that Indian fishermen are engaged in IUU fishing practices in Sri Lankan waters? Is the EU aware that these fishermen are engaged in ‘bottom trawling’ (benthic trawling), a practice that scrapes the bottom of the sea bed and disturbs the marine environment – something that comes within the ambit of IUU fishing practices. In the context of cooperation with their countries under the EU IUU regulation the EU is not addressing bilateral disputes of third countries with their neighbouring countries.

It is up to the relevant states to deal with bilateral disputes on fisheries in line with the provisions of international law (e.g. UNLCOS, United Nations Fish Stocks Agreement etc). Is the EU aware that the ‘catch’ from such IUU fishing practices adopted by Indian fishermen in Sri Lankan waters, especially of prawns, shrimps and cuttle fish are processed at factories approved by the EU for export to EU countries? The EU IUU regulation sets up a catch certification scheme ensur- ing the full traceability of all marine fishery products traded from and into the EU. The certification scheme helps countries comply with their own conservation and management rules and will also make co- operation among countries easier for control and enforcement purposes. Exporting country authorities validate information while EU Member States could request verification of the information in case of existence of well-established and documented doubts. Please see page 10 for

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