Application of traceability in deterrence of illegal, unreported and unregulated fishing : an analysis model of EU Regulation 1005/2008 and EU Regulation Proposal 2008/0216 (CNS)

Abstract

Two of the three new pillars of the European Union Common Fisheries Policy (EU Regulation 1005/2008; EU Regulation Proposal 2008/0216 (CNS)) were explicitly developed to address the illegal, unreported and unregulated fishing concern. These regulations attempt to introduce market monitoring measures that prevent IUU fish from entering legitimate trade channels in the Community. The leading purpose of this study was twofold: to analyse if the traceability related provisions of these two legal documents are relevant for IUU fishing deterrence, and to test if they fulfil de lege lata the traceability requirements of the chain of custody. In order to achieve these aims, a novel analytical tool that was suitable for the dual purposes had to be constructed. Model 1 was conceived to identify the overlapping of the necessary data for identifying IUU components (actors or products) with the traceability data recorded in the documentation imposed by the legal provisions at each critical traceability control point. Model 2 was designed to identify the fulfilment of the chain of custody requirements along the traceability control points. The present findings indicate that the traceability data retained according to the new legal EU norms have little relevance to be used effectively in deterrence of IUU operations. Similarly, the system put into place by both legal documents does not fulfil the requirements of a traceability scheme. Although the two analytical models utilized are preliminary, they can be further developed to improve comprehensiveness and depth of scrutiny. The models developed and the main findings of the study are of interest to both Community and third-country entities involved in a way or another in IUU fishing deterrence, traceability in fish supply chains or legislation development. Future studies should focus on the design of a traceability system for fishery products that fits the purpose of IUU fishing deterrence under a de lege ferenda approach.