Questions and Answers - Identification of Trinidad and Tobago as a non-cooperating country in the fight against IUU fishing

Trinidad and Tobago as a non-cooperating country

On IUU fishing

What is IUU fishing?

IUU fishing stands for illegal, unreported or unregulated fishing as defined in the 2001 FAO International Plan of Action to fight IUU fishing.

The EU's IUU legislation applies to IUU fishing and associated activities carried out by any fishing vessel in all maritime waters.

A fishing vessel is notably presumed to engage in IUU fishing activities if it is shown to carry out activities in contravention with the conservation and management measures applicable in the area concerned. This includes, for example, fishing without a valid licence, in a closed area or during a closed season, or using a prohibited gear, as well as the failure to fulfil reporting obligations, or obstructing the work of inspectors.

Why is the European Commission committed to fighting IUU fishing?

IUU fishing is one of the most serious threats to the sustainable exploitation of the living aquatic resources. It jeopardises the foundation of the European Union's Common Fisheries Policy (CFP) and the EU's efforts at international level to promote better ocean governance. IUU fishing also represents a major hazard to the marine environment, the sustainability of fish stocks and marine biodiversity. IUU furthermore results in unfair competition for those fishermen and women who abide by the rules.

Fighting IUU fishing is part of the EU's actions under the 2030 Agenda for Sustainable Development of the United Nations. It is the EU's contribution to the Sustainable Development Goal (SDG) n°14 to end IUU fishing and to conserve and sustainably use the oceans, sea and marine resources. The zero-tolerance approach to IUU fishing pursued by the Commission is also an integral part of the European Green Deal and the Biodiversity Strategy 2030.

What is the policy of the EU to fight illegal fishing?

The EU is the world's largest import market for fisheries products and as such bears the responsibility to ensure that products stemming from IUU fishing activities do not access the EU single market. EU Member States are also important flag and port States.

The EU Regulation to prevent, deter and eliminate illegal, unreported and unregulated fishing (IUU Regulation) entered into force on 1 January 2010. It applies to trade of marine fishery products with the EU. It aims to make sure that only legally caught fisheries products reach the EU market.

To achieve this, the Regulation establishes a catch certification scheme, which requires flag States to certify that fish caught by their vessels and imported to the EU do not stem from illegal fishing activities. The system aims to ensure that countries' vessels comply with national and regional conservation and management rules as well as with internationally agreed rules.

How does the EU ensure that third countries exporting their fishery products to the EU comply with their international obligations?

So far, 93 third countries have notified the Commission that they have in place the necessary legal instruments, the dedicated procedures, and the appropriate administrative structures for the certification of the catches by vessels flying their flag.

The Commission cooperates with a number of third countries and carries out evaluation missions to assess their compliance with the international obligations in the fight against illegal, unreported or unregulated fishing. Moreover, the Commission establishes IUU dialogues with third countries in view of supporting them in strengthening national policies to eliminate IUU fishing. Since November 2012, the Commission has been in dialogues with more than 60 countries, which have been warned of the need to take strong action to fight IUU fishing. In most cases, significant progress was observed and therefore the Commission could satisfactorily close the formal dialogue phase and lift the yellow card. Only a few countries have not shown the necessary commitment to reforms until now.

The Commission puts emphasis on cooperation to solve problems but there are third countries where the situation is still problematic even after years of informal cooperation. In those cases, the Commission can resort to the different actions established by in EU IUU Regulation vis-a-vis non-cooperating third countries in fighting IUU fishing.

Concretely, when the Commission has evidence that a third country does not cooperate fully in the fight against IUU fishing, it will issue a so-called ‘yellow card'. With this first step of the process, called pre-identification, the EC warns the country of the risk of being identified as a non-cooperating country. The yellow card starts a formal dialogue in which the Commission and the country work together to solve all issues of concern. In most cases, this dialogue is productive and the pre-identification can be removed (green card).

If however, progress is not sufficient, the Commission will identify the third country as non-cooperating. This is called a ‘red card'. The Commission will then propose to the Council to add this country to the list of non-cooperating countries. Fisheries products from the country in question will hereafter be banned from the EU market.

At every step of the process (yellow/red card or listing), the third country can prove that the situation has been rectified. It will then be delisted (green card).

An overview of the process can be found in this infographic.

How many countries are currently under a red card?

A full overview of all past and ongoing procedures can be found here.

On IUU fishing and Trinidad and Tobago

Why has the Commission decided to identify Trinidad and Tobago as a non-cooperating third country in the fight against IUU fishing?

The Commission's decision to identify Trinidad and Tobago as a non-cooperating third country in the fight against IUU fishing is based on the persistence of serious shortcomings identified in the 2016 ‘yellow card' decision.

More specifically, Trinidad and Tobago has not adopted an adequate fisheries legal framework regulating and controlling the activities of national fishing vessel, the fishing activities taking place in waters under national jurisdiction, and the activities of foreign fishing vessels calling to ports in the country. This belongs to Trinidad and Tobago's international obligations under the law of the sea.

In particular, the legislation in force does not contain necessary provisions as regards the management and control of fishing vessels, neither in waters under national jurisdiction of Trinidad and Tobago's nor beyond them. It does not empower the fisheries authorities to conduct fisheries inspections and cannot ensure compliance with applicable regional conservation and management measures.

Finally, it does not ensure an effective implementation of the UN Port States Measures Agreement in respect to third countries' fishing vessels.

The situation compromises an effective control and traceability of the fisheries products caught, landed or transhipped there, leaving the doors open for the entry into the market of fisheries products potentially stemming from IUU fishing.

What happens next?

This Decision does not end the dialogue with the country. The Commission expresses its availability to help Trinidad and Tobago in addressing the identified shortcomings. In the meantime, importation of fishery products from the Republic of Trinidad and Tobago will be refused, even when accompanied by catch certificates validated by the national authorities.

The Commission at the same time proposes to the Council of the EU to include Trinidad and Tobago to the list of non-cooperating countries in the fight against IUU fishing.