Date: 2016-10-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Implementing Decision (EU) 2016/1818 of 10 October 2016 amending Implementing Decision 2014/170/EU to remove the Republic of Guinea from the list of non-cooperating third countries in fighting illegal, unreported and unregulated fishing
Executive Summary:
Council Implementing Decision (EU) 2016/1818 amends Implementing Decision 2014/170/EU to remove the Republic of Guinea from the list of non-cooperating third countries in fighting illegal, unreported, and unregulated (IUU) fishing. This decision acknowledges Guinea's efforts to rectify the situation that led to its listing. The decision takes effect the day after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Reasoning for Amendment:**
* Guinea was previously identified as a non-cooperating third country due to failures in fulfilling its duties under international law to prevent, deter, and eliminate IUU fishing.
* Following its inclusion on the list, Guinea has taken measures to address the identified failures.
* **Guinea's Actions to Rectify the Situation:**
* Implemented its international law obligations and adopted a legal framework against IUU fishing.
* Established a deterrent sanctioning system.
* Developed a National Plan of Inspection and introduced aerial surveillance.
* Equipped its Fishing Monitoring Centre with a vessel monitoring system.
* Reviewed registration and licensing systems and introduced technical, conservation, and management measures.
* Improved compliance with international obligations from Regional Fisheries Management Organisations (RFMOs).
* Taken measures against Guinean IUU vessels on RFMO lists.
* **Decision and Scope:**
* Implementing Decision 2014/170/EU is amended to remove Guinea from the list of non-cooperating third countries in fighting IUU fishing.
* The decision does not preclude future action if Guinea fails to fulfill its duties under international law regarding IUU fishing.
Impact Analysis:
* European Union:
* Impact: The EU's list of non-cooperating countries in fighting IUU fishing is updated.
* Action Required: Update relevant documentation and be prepared to take further action should Guinea fail to meet its international obligations in the future.
* Republic of Guinea:
* Impact: Guinea is removed from the list of non-cooperating third countries, improving its international standing related to fisheries management.
* Action Required: Continue implementing and enforcing measures to prevent, deter, and eliminate IUU fishing to maintain compliance with international law.
* Fishing Industry (EU and International):
* Impact: Trade and fishing activities with Guinea are no longer subject to the restrictions associated with non-cooperating third countries concerning IUU fishing.
* Action Required: Ensure compliance with all applicable regulations and monitor Guinea's ongoing efforts to combat IUU fishing.
Key Entities Referenced
Republic of Guinea: A country that was previously listed as a non-cooperating third country in fighting illegal, unreported, and unregulated (IUU) fishing but is now removed from the list.
European Union: The political and economic union to which the Council and the European Commission belong, responsible for implementing the regulation and decision.
Council of the European Union: The institution of the European Union that adopted the implementing decision to remove Guinea from the list of non-cooperating third countries.
European Commission: The executive branch of the European Union, responsible for proposing the regulation and monitoring Guinea's progress.
Council Regulation EC No 1005/2008: The EU regulation establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing.
Implementing Decision 2014/170/EU: The Council Implementing Decision that initially listed Guinea as a non-cooperating third country in fighting IUU fishing.
United Nations Convention on the Law of the Sea: An international agreement that outlines the rights and responsibilities of nations with respect to their use of the world's oceans, and is referenced in the context of Guinea fulfilling its duties under international law.
United Nations Fish Stocks Agreement: An international agreement that sets out principles for the conservation and management of straddling fish stocks and highly migratory fish stocks, and is referenced in the context of Guinea fulfilling its duties under international law.
L 278/46 EN Official Journal of the European Union 14.10.2016
COUNCIL IMPLEMENTING DECISION (EU) 2016/1818
of 10 October 2016
amending Implementing Decision 2014/170/EU to remove the Republic of Guinea from the list of
non-cooperating third countries in fighting illegal, unreported and unregulated fishing
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to
prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC)
No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (1), and in
particular Article 34(1) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) Regulation (EC) No 1005/2008 establishes a Union system to prevent, deter and eliminate illegal, unreported and
unregulated (IUU) fishing.
(2) Chapter VI of Regulation (EC) No 1005/2008 lays down the procedure with respect to the identification of non-
cooperating third countries in fighting IUU fishing and provides for the establishment of a list of such non-
cooperating third countries.
(3) By means of its Decision of 15 November 2012 (2), the Commission included the information concerning the
essential facts and considerations underlying such possible identification and notified eight third countries,
including the Republic of Guinea (hereinafter ‘Guinea’) of the possibility of their being identified as countries that
it considers as non-cooperating third countries.
(4) By means of Implementing Decision of 26 November 2013 (3), the Commission identified Guinea as a non-
cooperating third country in fighting IUU fishing. In that Decision, the Commission stated the reasons for which
it considered that Guinea had failed to discharge its duties under international law, as flag, port, coastal or market
State, to take action to prevent, deter and eliminate IUU fishing.
(5) By means of Implementing Decision 2014/170/EU (4), the Council adopted the list of non-cooperating third
countries which included Guinea.
(6) Following the inclusion of Guinea in that list, Guinea endeavoured to rectify the situation that warranted its
listing and to take concrete measures capable of remedying the identified failures.
(7) On the basis of the information obtained by the Commission, it appears that Guinea has implemented its inter
national law obligations and has adopted an adequate legal framework for fighting IUU fishing. It has created
a deterrent sanctioning system. It has also established an adequate and efficient monitoring, control and
inspection scheme by developing a National Plan of Inspection, introducing aerial surveillance and equipping its
Fishing Monitoring Centre with a fully functional vessel monitoring system. Guinea has also reviewed its
(1) OJ L 286, 29.10.2008, p. 1.
(2) Commission Decision of 15 November 2012 on notifying the third countries that the Commission considers as possible of being
identified as non-cooperating third countries pursuant to Council Regulation (EC) No 1005/2008 establishing a Community system to
prevent, deter and eliminate illegal, unreported and unregulated fishing (OJ C 354, 17.11.2012, p. 1).
(3) Commission Implementing Decision of 26 November 2013 identifying the third countries that the Commission considers as non-
cooperating third countries pursuant to Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and
eliminate illegal, unreported and unregulated fishing (OJ C 346, 27.11.2013, p. 2).
(4) Council Implementing Decision 2014/170/EU of 24 March 2014 establishing a list of non-cooperating third countries in fighting IUU
fishing pursuant to Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported
and unregulated fishing (OJ L 91, 27.3.2014, p. 43).14.10.2016 EN Official Journal of the European Union L 278/47
registration and licensing systems and introduced technical, conservation and management measures to ensure
a reasonable balance between the fishing licences delivered, resources available and its control and enforcement
capacities. Guinea has furthermore reconsidered its participation within regional fisheries management organ
isations (RFMOs), has improved compliance with its international obligations stemming from recommendations
and resolutions of those organisations, and has taken appropriate measures against Guinean IUU vessels on the
RFMOs' IUU lists.
(8) It also appears that with the actions undertaken, Guinea no longer fails to ensure compliance with its duties
incumbent upon it under international law and in particular in the light of Articles 61, 62, 94, 117 and 118 of
the United Nations Convention on the Law of the Sea and Articles 18, 19 and 20 of the United Nations Fish
Stocks Agreement.
(9) It may therefore be concluded that the situation that warranted the listing of Guinea has been rectified and that
Guinea has taken concrete measures capable of achieving a lasting improvement of the situation.
(10) As a consequence, Implementing Decision 2014/170/EU should be amended in order to remove Guinea from the
list of non-cooperating third countries in fighting IUU fishing.
(11) This Decision does not preclude any subsequent steps that might be taken by the Union, in accordance with
Regulation (EC) No 1005/2008, in the event that factual elements reveal that Guinea has failed to fulfil the duties
incumbent upon it under international law, as flag, port, coastal or market State, to take action to prevent, deter
and eliminate IUU fishing.
(12) In the light of the adverse consequences caused by a listing as a non-cooperating third country, it is appropriate
to give immediate effect to the delisting of Guinea as a non-cooperating third country,
HAS ADOPTED THIS DECISION:
Article 1
Guinea is removed from the Annex to Implementing Decision 2014/170/EU.
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European
Union.
Done at Luxembourg, 10 October 2016.
For the Council
The President
G. MATEČNÁ