Bridges Trade BioRes • Volume 5 • Number 6 • 1st April 2005

European Proposal on Preferential Access Rules Targets Fisheries

Discuss this articleShare your views with other visitors, and read what they have to say

In an effort to address concerns regarding the EU’s current system of rules of origin, which specify which goods can qualify for preferential market access, the European Commission adopted a strategy on 16 March to overhaul the rules to make them simpler and more transparent. The new strategy will apply to preferential access agreements such as those existing between the EU and ACP (African, Caribbean and Pacific) countries (see BRIDGES Weekly, 23 March 2005).

The EC communication makes specific mention of the fisheries sector. Under the current rules of origin governing preferential access of fish caught within the exclusive economic zone (EEZ) of ACP countries, fish are only considered to “originate” in ACP countries — and thus qualify for lower tariffs in lucrative EU markets — if they are caught within 12 nautical miles of the shore or, if outside this boundary, they must be caught on an ACP or EU registered vessel, sail under an ACP or EU flag, the crew must include at least 50 percent EU and/or ACP nationals, and the vessel must be at least 50 percent owned by EU/ACP nationals. The new strategy suggests that current criteria for determining the nationality of fishing vessels may need to be reviewed, proposing that the origin of fish would be based on the flag, registration and “simplified yet adequate conditions regarding property”, while the crew conditions would be removed.

While the movement towards simplification of the rules was welcomed in many sectors, some critics would like to see the crew conditions to be preserved as they force boat owners to hire ACP or EU labour. Instead they favour changes to the requirement for boats to be at least 50 percent owned by EU or ACP nationals. The latter requirement, they argue, gives EU-owned boats an unfair advantage over those of developing countries whenever there are no ACP boats available.

“Customs: Commission proposes strategy for simplified rules of origin,” EU PRESS RELEASE IP/05/320, 17 March 2005; “The rules of origin for preferential trade arrangements: Orientations for the future,” EU COMMUNICATION, 16 March 2005; “Rules of Origin for Tuna Products (HS 16.04) in the Cotonou Agreement: A Subvention to EU Vessels?” COMMONWEALTH SECRETARIAT, 14 December 2004.

One response to “European Proposal on Preferential Access Rules Targets Fisheries”

Simon K. Phafane 28th September 2010 at 12:05
very informative and useful. keep it up