cover image: Legal analysis on the margin of tolerance in the European Union fisheries regime


Legal analysis on the margin of tolerance in the European Union fisheries regime

18 Nov 2022

The Subject of the Legal Analysis A legal analysis has been requested on the legality of the proposed changes by the European Parliament and the Council of the European Union (EU) to the margin of tolerance provided for in Art. [...] The Fish Stocks Agreement The Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (New York, 1995; Fish Stocks Agreement), to which the EU and its Member States are parties, specifically addresses the question of data colle. [...] The parties agree to take all action necessary to ensure the enforcement of the convention58 and to furnish, on the request of the ICCAT, any available statistical, biological and other scientific information the ICCAT may need for the purposes of the Convention59. [...] 97 Examples of immediate enforcement measures are: the immediate cessation of fishing activities; the rerouting to port of the fishing vessel; the rerouting of the transport vehicle to another location for inspection; (d) the ordering of a bond; the seizure of fishing gear, catches or fisheries products; the temporary immobilisation of the fishing vessel or transport vehicle concerned; the suspens. [...] 98 Examples of accompanying sanctions are: the sequestration of the fishing vessel involved in the infringement; the temporary immobilisation of the fishing vessel; the confiscation of prohibited fishing gear, catches or fishery products; the suspension or withdrawal of authorisation to fish; the reduction or withdrawal of fishing rights; the temporary or permanent exclusion from the right to obta.


tullio scovazzi

Published in
United Kingdom