With the United Kingdom officially set to withdraw from the European Union on 30 March 2019, the European Commission (EC) Directorate-General for Maritime Affairs and Fisheries (DG MARE) has issued a notice to fisheries and aquaculture stakeholders that sets out circumstances regarding third-countries, emphasizing that preparing for the withdrawal is not just a matter for E.U. and national authorities; it’s also for private parties.
The commission’s notice states that in view of the “considerable uncertainties,” in particular concerning the content of a possible withdrawal agreement, operators carrying out fishing activities and any activities related to the production, processing, marketing, distribution and retail chains of fishery and aquaculture products are reminded of legal repercussions, which need to be considered when the United Kingdom becomes a third-country.
Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, as of the withdrawal date, the E.U. Common Fisheries Policy (CFP) rules no longer apply to the United Kingdom, it said.
A significant consequence of this is that from the withdrawal date, in accordance with international law of the sea, E.U. fishing vessels wishing to engage in catching activities in U.K waters are required to obtain a fishing authorization from that country. They are also subject to its laws and regulations. Meanwhile, the flag state is responsible for monitoring the activities of vessels when operating in U.K. waters to ensure the sustainability of stocks are not undermined and are consistent with the coastal state’s conservation rules.
Likewise, U.K. vessels wishing to engage in fishing activities in E.U. waters will need to be in possession of an authorization issued by the commission in accordance with Articles 32 to 34 of Regulation (E.U.) 2017/2403 and must comply with the rules on control and enforcement for fishing activities by third-country vessels.
With regards to the landing and first sale of fishery products, E.U. vessels wishing to land in the United Kingdom will be subject to its rules, while U.K. vessels wanting access to E.U. ports, including port services and the use of first-stage marketing installations, as well as landing and transhipment, will need to meet requirements laid down in Section I of Chapter II of Regulation (EC) No 1005/2008.
Furthermore, according to Article 20(1) of Regulation (EC) No 1005/2008, in order to export fishery products caught by U.K. flagged fishing vessels to the E.U., the commission must have received a notification from the flag state. Fishery products may only be imported to the E.U. when accompanied by a catch certificate, validated by the United Kingdom, certifying that the catches concerned have been made in accordance with applicable laws, regulations, and international conservation and management measures.
The notice said that E.U. catches exported to the United Kingdom will also be subject to the catch certification scheme if the country can demonstrate to the commission that the relevant implementation, control, and enforcement arrangements and public authorities empowered to verify certificates are in place.
U.K. fisheries and aquaculture products placed on the E.U. market will also be subject to the bloc’s consumer information, labeling, and marketing requirements. And in the case of organic aquaculture and products placed on the EU-27 market as of the withdrawal date, certificates issued by U.K. control authorities and bodies will no longer be valid.
