No justice for cod
27 June 2008
The Council of the European Union has been given further reign to ignore scientific advice and set too high fishing quotas for cod, after WWF-UK was refused entry to the European Court to challenge them on the legality of their quota decisions.
Carol Hatton, WWF-UK's Solicitor, said: "It's incredibly frustrating that whilst we are arguing over access to the Court, cod stocks are still under pressure. We believe it is important to appeal this judgment to establish that NGOs can access the Court to ensure that in the future fishing quotas take heed of scientific advice and are not set at a level that has serious consequences for the marine environment"
In March 2007, WWF-UK applied to the Court of First Instance to challenge the 2007 cod quota levels set by the Council of the European Union. If the number of mature cod in the sea falls below a certain level, EU law requires the Council to reduce the quotas by more than 15 per cent. In December 2006, the European Council failed to do this, ignoring scientific advice and prompting WWF to take legal action for a breach of Article Seven of the Cod Recovery Plan.
WWF-UK asked the Court to order the Council to review its decisions on cod quotas, with a view to setting them at a level which will allow stocks to reach precautionary levels as soon as possible. Yet, the Court of First Instance has refused to give WWF access to the Court to challenge the legality of the quota levels. Such a decision proves that it is impossible for citizens and NGOs to challenge the legality of key pieces of Community legislation before the European Courts of Justice. It is also a blow for dwindling cod stocks, showing that the Council can continue to ignore scientific advice without repercussion, putting fragile cod stocks at further risk from over fishing.
Today the International Council for the Exploration of the Seas published their advice on the current state of stocks. ICES advice published today shows that cod stocks continue to be overfished in almost all EU waters due to high levels of discards and overexploitation in 2007. Scientists report that discarding of North Sea cod has increased to 40% in 2007 and is expected to remain high in 2008. The high quantity of juveniles caught last year, amounting at 84% of international landings, is considered a big hindrance to the recovery potential of this stock. For almost all cod stocks ICES recommend zero catches for 2008.
Giles Bartlett, Fisheries Policy Officer at WWF said: "For fifteen years, political pressure has led to quotas being set an average of 30 per cent above the recommendations made by ICES, leaving European fish stocks in a critical state. Scientific advice is not just to provide a starting point for negotiations, it is to inform decision making. Ignoring this advice and setting wildly inappropriate fishing quotas cannot be considered acceptable."
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Editors' notes WWF is now known simply by its initials and the panda logo.The European Court of Justice is the highest court of the European Union in matters of Community law. There is a court below the ECJ called the Court of First Instance (CFI). It was created in 1989 and is attached to the Court of Justice. It gives rulings on certain cases, particularly those brought by private individuals, companies and some organizations.
WWF lodged its application with the Court of First Instance on 26th March 2007. The application seeks to challenge the total allowable catches ("TACs") or quotas for cod adopted by the Council in December 2006 under EC Regulation No. 41/2006 ("the TACs regulation") for cod in the zones covered by EC Regulation No. 423/2004 ("the Cod Recovery Plan").
The Council defended the action on the basis that WWF did not have "standing" or admissibility before the Court, claiming that WWF was neither "directly or individually concerned" by the EC Regulation setting cod quotas for areas such as the North Sea, Irish Sea and waters off the West Coast of Scotland. WWF argues that it is directly and individually concerned by the Regulation because of its role in the Regional Advisory Councils, established under a separate EC regulation to provide advice on the management of fisheries in the North Sea.
Access to the European Courts is determined by reference to Article 230(4) of the EC Treaty, which provides that any natural or legal person can institute proceedings against a Regulation which it can show is of direct and individual concern to them. For further information please contact: Debbie Chapman Senior Press Officer
Phone: 01483 412397
Mobile: 07771 818685
E-mail: dchapman@wwf.org.uk
