Subject: Enlargement of the fishing zone in Libyan territorial waters accessible to EU fishermen
It would seem that under a private-sector agreement between Federpesca and the Libyan Military and Civil Works Investment Authority, Italian fishermen are now allowed to fish in Libyan waters without having their vessels impounded. This is the first agreement of its kind and could provide a legal framework for fishermen, and those from Sicily in particular. The first vessels sailing from the Sicilian port of Mazara del Vallo had moored in the Libyan port of Ras al Helal, as provided for in the agreement, but due to problems arising from the ongoing conflict between various Libyan factions, the fishermen decided – very responsibly – to return home, hence effectively placing the agreement on hold.
Can the Commission state whether, since the EU has exclusive competence for fisheries, particularly when it comes to concluding international agreements with third countries, and in the light of the substantial economic support provided to Libya since the outbreak of the civil war, it will bring forward a proposal to enlarge the fishing zone in Libyan territorial waters accessible to EU fishermen so that they can fish there lawfully and in safety?
Answer given by Mr Vella on behalf of the European Commission
(27 November 2019)
Under the provisions of the United Nations Convention on the Law of the Sea (Unclos), coastal States have the right, subject to certain conditions and limitations, to determine the extent and limits of the maritime zones under their sovereignty or within their jurisdiction. The competence to claim maritime zones and to resolve disputes with other coastal States over the delimitation of those zones is a Member State’s competence.
In third-country waters, Union vessels can operate under the provisions of a Sustainable Fisheries Partnership Agreement (SFPA) concluded between the Union and a given third country. If no such SFPA is in force, Union vessels may obtain direct fishing authorisations from the third countries, subject to a number of conditions set out in the regulation on the sustainable management of external fishing fleets (1).
Regarding the perspective for a future sustainable fisheries partnership agreement between the EU and Libya, a number of conditions would first have to be met before envisaging any possible negotiation. This includes the country's political stability, maritime security as well as sufficient capability for control, monitoring and surveillance of fishing activities. Moreover, the third country must express its interest to have an SFPA with the EU. Finally, according to international law (2), a third country can only fish on the surplus stocks based on scientific advice.
⋅1∙ Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and
repealing Council Regulation (EC) No 1006/2008, OJ L 347, 28.12.2017.
⋅2∙ Unclos Articles 61 and 62.