Friday

20th Sep 2019

Opinion

Faroese face illegal EU fishing sanctions

The EU on 31 July will decide whether to adopt coercive economic measures against the Faroe Islands, over a dispute about the quota allocation of Atlanto-Scandian herring.

Not only does the proposed EU action contravene the United Nations Convention on the Law of the Sea (UNCLOS) and circumvent available procedures to deal with such disputes, it is also based on inaccurate allegations and is counterproductive to a reaching a negotiated solution.

Read and decide

Join EUobserver today

Support quality EU news

Get instant access to all articles — and 18 year's of archives. 30 days free trial.

... or join as a group

  • Rising sea temperatures have seen fish move further north (Photo: Erik Christensen, Porkeri - Norden.org)

Underpinning the European Commission’s proposal to implement economic measures against the Faroe Islands is the assertion by European Fisheries Commissioner, Maria Damanaki, that the Faroe Islands have “left the negotiation table” on Atlanto-Scandian herring.

Nothing could be further from the truth. The Faroese Government has been repeatedly calling for negotiations between all coastal states to discuss a revision of the sharing arrangement for this important and very valuable shared fish stock in the Northeast Atlantic.

Multilateral management of shared fish stocks should always be based on the best available scientific information on the size and behaviour of the stock.

We have been witness in recent years to a marked increase in herring in Faroese waters, and for longer periods. Assessments by the International Council for the Exploration of the Sea (ICES) in 2011 and 2012 confirm these new trends and the increased dependency of the herring on maritime areas within Faroese jurisdiction.

This is what prompted the call from the Faroe Islands, both in 2011 and 2012, to negotiate a revision of the allocation key. So far, the other coastal States (Norway, Iceland, the Russian Federation and the EU) have not been willing to discuss the issue.

Indeed, Faroese calls have been flatly ignored.

Instead the other four coastal States agreed in January on the total allowable catch (TAC) and quota allocation for 2013, deliberately excluding the Faroe Islands from that arrangement. As a result, the Government of the Faroes took the only responsible course of action and set a catch limit for 2013 for herring fisheries under Faroese jurisdiction, based on the TAC recommended by ICES and reflecting our entitlement to a larger share.

Contrary to claims by the EU, it is not the Faroese herring quota for 2013 that is putting the stock at risk. It is the lack of an inclusive five-party agreement on allocation of this shared stock which jeopardies its sustainability. This is a situation the Faroe Islands wish to see rectified jointly with the other coastal states as soon as possible.

Agreement on a new sharing arrangement must be concluded within the framework of the agreed long-term management plan for the Atlanto-Scandian herring, to which the Faroe Islands continue to adhere.

The first allocation key for Atlanto-Scandian herring was originally agreed for 1996 between the Faroe Islands, Norway, Iceland and the Russian Federation.

Despite the virtual absence of Atlanto-Scandian herring in EU waters, the EU became a party to the arrangement, after having set itself a unilateral quota of 150,000 tons in 1996, which it could only effectively fish in international waters.

The allocation key was modified again in 2007, after four years without an agreed arrangement, due to Norway’s demands that its share was increased.

By contrast, the Faroese share has remained by far the smallest all these years at just over 5 percent. This by no means reflects the amount of Atlanto-Scandian herring in Faroese waters today, nor the long-standing dependency of the Faroe Islands on fisheries.

Deaf ears in Brussels

Both the Faroese and Danish Governments have underlined to the Commission that all options for renegotiating an equitable allocation of the Atlanto-Scandian herring have not been exhausted.

The Faroe Islands have also repeatedly pointed out that we remain ready and willing to resume consultations with the other parties as soon as possible. We are seeking the opportunity to present a reasoned and justified claim for an increased Faroese share of the Atlanto-Scandian herring stock to be discussed in the appropriate multilateral context.

But all this seems to have fallen on deaf ears in Brussels.

The relentless determination to implement measures against the Faroes is being rushed through the EU system with an absolute minimum of time for EU member states to scrutinise and discuss the political rationale and factual details of the proposal.

A meeting between the five coastal states has now been scheduled for 2-3 September in London. Despite this, the Commission has chosen to proceed with its proposal for measures against the Faroe Islands, aiming for its adoption by the Committee on Fisheries and Aquaculture on 31 July.

The September meeting should in fact provide the opportunity to get negotiations back on track. However, this could be seriously undermined with the adoption of the Commission’s proposal and implementation of economic measures against the Faroe Islands.

The EU’s demand for a suspension of the Faroese 2013 herring quota as a precondition for multilateral consultations is unacceptable, and also calls into serious question the very basis for further negotiations, to which the Faroe Islands remain firmly committed.

International legal obligation to cooperate

Consistent with international law, states shall seek to resolve disputes by peaceful means.

In the case of shared fish stocks, states shall seek to agree upon the measures necessary to coordinate and ensure their conservation and development. This obligation cannot, however, be interpreted to mean that one of the relevant coastal states can impose on others a management arrangement, including allocation, which it alone considers to be equitable.

By attempting to force the Faroe Islands to undermine its national interests under threats of coercion, the EU is clearly acting in breach of its obligations under international law. Such an approach will actually hinder the cooperation needed to reach a multilateral agreement.

The Government of the Faroes is firmly committed to pursuing multilateral negotiations between all five coastal states to reach agreement on a joint management arrangement, including a revised allocation, for the Atlanto-Scandian herring.

The EU is urged to use its considerable powers to help find a rational, negotiated and multilateral solution, rather than abusing those same powers to the detriment of one of its closest and smallest European partners.

The writer is is Prime Minister of the Faroes

Disclaimer

The views expressed in this opinion piece are the author's, not those of EUobserver.

EU agrees overhaul of fisheries policy

The controversial 'discard' practice of throwing dead fish back into the sea faces an effective ban as part of an overhaul of the EU's Common Fisheries Policy.

Faroe Islands seek closer EU relations

The Faroe Islands are seeking a stronger and more structured relationship with the European Union and membership of the European Free Trade Association - but full EU membership is not on the political agenda.

Dismiss Italy's Salvini at your peril

Matteo Salvini's recent gambit may have failed but, in his own words: "From today you will find me even more pissed off and determined. I will go from town to town and we will take this country back."

Brexit raises questions for EU defence integration

Brussels' current vision for cooperation on defence, where third countries can contribute but have no say in decision-making and in the guidance of operations, is unlikely to be attractive to the UK.

News in Brief

  1. UK Brexit minister to meet Barnier on Friday
  2. Russia-Ukraine gas deal talks show 'progress'
  3. Nobel economist: Ireland 'not good EU citizen' on taxes
  4. Germany takes carbon border tax onboard
  5. Austria to veto EU trade deal with South America
  6. Brexit minister asks EU for 'flexibility' to secure a deal
  7. Kovesi has 'sufficient majority' for prosecutor post
  8. France, Finland give UK ultimatum for Brexit plan

Defending the defenders: ombudsmen need support

Ombudsmen are often coming under attack or facing different kinds of challenges. These can include threats, legal action, reprisals, budget cuts or a limitation of their mandate.

Column

The benefits of being unpopular

Paradoxically, the lack of popularity may be part of the strength of the European project. Citizens may not be super-enthusiastic about the EU, but when emotions run too high in politics, hotheads may take over.

Stakeholders' Highlights

  1. Nordic Council of MinistersNew programme studies infectious diseases and antibiotic resistance
  2. UNESDAUNESDA reduces added sugars 11.9% between 2015-2017
  3. International Partnership for Human RightsEU-Uzbekistan Human Rights Dialogue: EU to raise key fundamental rights issues
  4. Nordic Council of MinistersNo evidence that social media are harmful to young people
  5. Nordic Council of MinistersCanada to host the joint Nordic cultural initiative 2021
  6. Vote for the EU Sutainable Energy AwardsCast your vote for your favourite EUSEW Award finalist. You choose the winner of 2019 Citizen’s Award.
  7. Nordic Council of MinistersEducation gets refugees into work
  8. Counter BalanceSign the petition to help reform the EU’s Bank
  9. UNICEFChild rights organisations encourage candidates for EU elections to become Child Rights Champions
  10. UNESDAUNESDA Outlines 2019-2024 Aspirations: Sustainability, Responsibility, Competitiveness
  11. Counter BalanceRecord citizens’ input to EU bank’s consultation calls on EIB to abandon fossil fuels
  12. International Partnership for Human RightsAnnual EU-Turkmenistan Human Rights Dialogue takes place in Ashgabat

Latest News

  1. Dismiss Italy's Salvini at your peril
  2. Malta PM accused of 'blackmail' over slain reporter
  3. Diplomats back Romania's Kovesi for EU top prosecutor
  4. Brexit raises questions for EU defence integration
  5. Low-carbon cities can unlock €21tn by 2050, report finds
  6. France, Italy want 'automatic' distribution of migrants
  7. Europe's refugee policy is test of its true 'way of life'
  8. A new Commission for the one percent

Stakeholders' Highlights

  1. Nordic Council of MinistersNew campaign: spot, capture and share Traces of North
  2. Nordic Council of MinistersLeading Nordic candidates go head-to-head in EU election debate
  3. Nordic Council of MinistersNew Secretary General: Nordic co-operation must benefit everybody
  4. Platform for Peace and JusticeMEP Kati Piri: “Our red line on Turkey has been crossed”
  5. UNICEF2018 deadliest year yet for children in Syria as war enters 9th year
  6. Nordic Council of MinistersNordic commitment to driving global gender equality
  7. International Partnership for Human RightsMeet your defender: Rasul Jafarov leading human rights defender from Azerbaijan
  8. UNICEFUNICEF Hosts MEPs in Jordan Ahead of Brussels Conference on the Future of Syria
  9. Nordic Council of MinistersNordic talks on parental leave at the UN
  10. International Partnership for Human RightsTrial of Chechen prisoner of conscience and human rights activist Oyub Titiev continues.
  11. Nordic Council of MinistersNordic food policy inspires India to be a sustainable superpower
  12. Nordic Council of MinistersMilestone for Nordic-Baltic e-ID

Stakeholders' Highlights

  1. Counter BalanceEU bank urged to free itself from fossil fuels and take climate leadership
  2. Intercultural Dialogue PlatformRoundtable: Muslim Heresy and the Politics of Human Rights, Dr. Matthew J. Nelson
  3. Platform for Peace and JusticeTurkey suffering from the lack of the rule of law
  4. UNESDASoft Drinks Europe welcomes Tim Brett as its new president
  5. Nordic Council of MinistersNordic ministers take the lead in combatting climate change
  6. Counter BalanceEuropean Parliament takes incoherent steps on climate in future EU investments
  7. International Partnership For Human RightsKyrgyz authorities have to immediately release human rights defender Azimjon Askarov
  8. Nordic Council of MinistersSeminar on disability and user involvement
  9. Nordic Council of MinistersInternational appetite for Nordic food policies
  10. Nordic Council of MinistersNew Nordic Innovation House in Hong Kong
  11. Nordic Council of MinistersNordic Region has chance to become world leader when it comes to start-ups
  12. Nordic Council of MinistersTheresa May: “We will not be turning our backs on the Nordic region”

Join EUobserver

Support quality EU news

Join us