THE IMPACT OF THE EC REGULATION ON ACP COUNTRIES AND ACP RESPONSES Martin Tsamenyi Professor of Law & Director The Australian National Centre for Ocean Resources & Security (ANCORS), University of Wollongong, Australia The Brussels Rural Development Briefings: Fighting against Illegal, Unreported and Unregulated fishing (IUU): Impacts and challenges for ACP countries, 29th April 2009.

PRESENTATION SUMMARY Identification of key implementation requirements Assessment of steps required by ACP countries to implement the requirements Concluding comments

ELEMENTS OF THE IUU REGULATION Port state controls over third country fishing vessels Catch certification requirements Establishment of a community IUU vessel list Establishment of a list of non-cooperating third countries.

ADEQUATE AND EFFECTIVE LEGISLATIVE FRAMEWORKS Data collection Fishing vessel monitoring Port state verification

TRANSPARENT ADMINISTRATIVE PROCEDURES Licensing Verification of catches Data collection and analysis Authorization to fish

RATIFICATION/IMPLEMENTATION OF RELEVANT INTERNATIONAL AND REGIONAL FISHERIES INSTRUMENTS Identification of relevant international instruments Administrative and legislative measures required Participation in RFMOs Implementation of RFMO conservation and management measures

ACCESS AGREEMENTS Challenges of coastal state supervision of flag State certification Continued use of domestic-based foreign fishing access agreements will be problematic Responsibilities of EC member States as verifying authorities under access agreements with ACP countries.

WHAT NEEDS TO BE DONE? Urgent gaps analysis and assessment of the administrative and legislative frameworks in individual ACP countries Where there are gaps, the urgent development of template legislation and administrative procedures which can be adapted by each ACP countries Flexible implementation time-table to allow the ACP countries to adjust their domestic processes to meet the requirements of the Regulation

CONCLUSION ACP states are at receiving end of impacts of IUU fishing IUU regulation is a step in the right direction However, ACP countries must not bear a disproportionate burden of global efforts to combat IUU Urgent need for capacity building assistance and a strategy to deliver such assistance.

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