—

having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (1),

—

having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (2) (‘the IUU Regulation’),

—

having regard to Council Regulation (EU) 2020/1998 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (3),

—

having regard to the Commission proposal of 14 September 2022 for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market (COM(2022)0453) and to Parliament’s draft report on that proposal,

—

having regard to the Commission proposal of 30 May 2018 for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009, and amending Council Regulations (EC) No 768/2005, (EC) No 1967/2006, (EC) No 1005/2008, and Regulation (EU) 2016/1139 of the European Parliament and of the Council as regards fisheries control (COM(2018)0368) and to Parliament’s report on that proposal,

—

having regard to the Commission proposal of 23 February 2022 for a directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 (COM(2022)0071) and to Parliament’s draft report on that proposal,

—

having regard to the Commission communication of 20 May 2020 entitled ‘A Farm to Fork Strategy’ (COM(2020)0381) and to its resolution of 20 October 2021 on that strategy (4),

—

having regard to the Commission communication of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030’ (COM(2020)0380) and to its resolution of 9 June 2021 on that strategy (5),

—

having regard to its resolution of 8 July 2021 on the establishment of Antarctic Marine Protected Areas (MPAs) and the conservation of Southern Ocean biodiversity (6),

—

having regard to the position of the Committee on Fisheries of 14 March 2023 in view of the preparation of the recommendation by the Committee on International Trade on the Commission proposal for a Council decision on the conclusion, on behalf of the European Union, of the Protocol Amending the Marrakesh Agreement Establishing the World Trade Organization (COM(2022)0582),

—

having regard to the UN Convention on the Law of the Sea of 10 December 1982, in force since 16 November 1994 and ratified by China on 15 May 1996,

—

having regard to the International Convention of 1 November 1974 for the Safety of Life at Sea (SOLAS),

—

having regard to the Convention of 6 March 1948 establishing the International Maritime Organization (IMO),

—

having regard to the Work in Fishing Convention (Convention No 188) of the International Labour Organization of 14 June 2007,

—

having regard to the Torremolinos Protocol of 2 April 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels and the 2012 Cape Town Agreement to enhance fishing safety,

—

having regard to the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction of 4 March 2023,

—

having regard to the joint advice of the Long Distance Fleet Advisory Council and the Market Advisory Council of 13 December 2022 on addressing China’s global distant water fleet activities: implications for fisheries governance,

—

having regard to the report of the European Market Observatory for Fisheries and Aquaculture Products (EUMOFA) of 29 November 2022 entitled ‘The EU Fish Market – 2022 Edition’,

—

having regard to the study by the Policy Department for Structural and Cohesion Policies of the Directorate-General for Internal Policies of 9 December 2022 entitled ‘Research for PECH Committee – Role and impact of China on world fisheries and aquaculture’,

—

having regard to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, approved at the UN Food and Agriculture Organization (FAO) Conference of 22 November 2009, and in force since 5 June 2016,

—

having regard to the 2022 FAO report entitled ‘The State of World Fisheries and Aquaculture 2022 – Towards Blue Transformation’,

—

having regard to the Agreement between the EU and the People’s Republic of China of 16 July 2018 entitled ‘Blue Partnership for the Oceans: Towards Better Ocean Governance’,

—

having regard to the Protocol amending the Marrakesh Agreement establishing the World Trade Organization – Agreement on Fisheries Subsidies, adopted at the 12th Ministerial Conference on 17 June 2022,

—

having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 12 March 2019 entitled ‘EU-China – A strategic outlook’ (JOIN(2019)0005),

—

having regard to its resolution of 5 July 2022 on the Indo-Pacific strategy in the area of trade and investment (7),

—

having regard to the Fisheries Law of the People’s Republic of China, adopted on 20 January 1986, and the proposed reform published by the Chinese Ministry of Agriculture and Rural Affairs on 28 August 2019,

—

having regard to China’s 13th five-year plan for the development of its distant-water fisheries, published in 2017 and its 14th five-year plan, published on 1 July 2022,

—

having regard to the joint statement by Chile, Colombia, Ecuador and Peru of 3 November 2020 concerning foreign-flagged fishing vessels in zones adjacent to waters under the national jurisdiction of each country,

—

having regard to the US Maritime Security and Fisheries Enforcement Act, adopted on 20 December 2019,

—

having regard to the US President’s National Security Memorandum/NSM-11 of 27 June 2022 on Combating Illegal, Unreported, and Unregulated Fishing and Associated Labor Abuses,

—

having regard to the National Five-Year Strategy for Combating Illegal, Unreported, and Unregulated Fishing (2022-2026) of 19 October 2022, drawn up by the US Interagency Working Group on IUU Fishing,

—

having regard to report of the US Congressional Research Service of 12 April 2022 entitled ‘China’s Role in the Exploitation of Global Fisheries: Issues for Congress’,

—

having regard to the report of the Overseas Development Institute of 2 June 2020 entitled ‘China’s distant-water fishing fleet: scale, impact and governance’,

—

having regard to the report of the Environmental Justice Foundation of 30 March 2022 entitled ‘The Ever-Widening Net: Mapping the scale, nature and corporate structures of illegal, unreported and unregulated fishing by the Chinese distant-water fleet’,

—

having regard to the report of the Global Initiative Against Transnational Organized Crime and Poseidon Aquatic Resource Management Ltd entitled ‘The Illegal, Unreported and Unregulated Fishing Index’, published on 23 December 2021,

—

having regard to the IUU Fishing Action Alliance Pledge to stimulate ambition and action in the fight against illegal, unreported and unregulated fishing, agreed on 28 June 2022,

—

having regard to Rule 54 of its Rules of Procedure,

—

having regard to the report of the Committee on Fisheries (A9-0282/2023),

A.

whereas Article 28 of Regulation (EU) No 1380/2013 states that the EU should conduct its external fisheries relations with a view to ensuring sustainable exploitation, management and conservation of marine biological resources and the marine environment;

B.

whereas Article 12 of the IUU Regulation states that the importation of fishery products obtained from illegal, unreported and unregulated (IUU) fishing should be prohibited; whereas the EU, as the largest import market for fishery products in the world, has a central role to play in the fight against IUU fishing worldwide; whereas the zero tolerance policy on IUU should apply equally to all countries, irrespective of size;

C.

whereas there are currently four third countries with a red card and eight third countries with a yellow card; whereas the People’s Republic of China (PRC) has never been subject to a procedure under the IUU Regulation, despite considerable evidence of its significant and growing involvement in IUU fishing, as analysed in a study of December 2022 on ‘The role and impact of China on world fisheries and aquaculture’, commissioned by the Committee on Fisheries;

D.

whereas, in accordance with Article 30 of the IUU Regulation, and at the request of the Commission, the European Fisheries Control Agency (EFCA) will assist the EU in cooperating with third countries and international organisations dealing with fisheries, including regional fisheries management organisations (RFMOs), to strengthen coordination and compliance with measures, especially those aimed at combating IUU fishing;

E.

whereas, according to Article 31(3) of the IUU Regulation, a third country may be identified as a non-cooperating third country if it fails to discharge its duties under international law as a flag, port, coastal or market state to take action to prevent, deter and eliminate IUU fishing; whereas the yellow card procedure in the IUU Regulation is meant to act as a warning and allows the EU to engage in a dialogue with a non-cooperating third country;

F.

whereas, in the absence of reliable official figures, it is estimated that China possesses the world’s largest fishing fleet, including the world’s largest distant-water fishing fleet, with over 2 700 vessels according to official Chinese figures, and that it is the world’s largest importer of fishmeal (8); whereas the EU’s distant-water fleet is comparatively much smaller, with 259 vessels;

G.

whereas the overexploitation of marine biological resources in its own territorial waters and exclusive economic zone, and the deterioration of habitats due to pollution, could be seen partly as the reasons why China has now developed the largest distant-water fishing fleet and aquaculture industry in the world; whereas the scale of China’s seafood production, extraction and consumption has far-reaching repercussions on fish management and conservation, and food security around the world; whereas China’s distant-water fleet is a major competitor for the Union’s fishing fleet;

H.

whereas China is the third largest exporter of fishery and aquaculture products in terms of value to the EU, after Norway and the United Kingdom; whereas over 80 % of the fish consumed in China comes from aquaculture (9); whereas China’s aquaculture production in 2020 totalled around 70,5 million tonnes, which on its own represents 58 % of global aquaculture production and 63 % of Asian aquaculture production; whereas imports from the PRC amounted to EUR 1 815 371 000 in 2022, i.e. 5,6 % of total EU imports; whereas the EU’s trade balance with the PRC for fishery and aquaculture products is running at a considerable deficit (EUR 1 095 600 000);

I.

whereas the Organization for Economic Co-operation and Development estimates that subsidies for Chinese fishing between 2008 and 2017 represented around 41 % of all global subsidies;

J.

whereas China had the worst overall score for IUU fishing of the 152 coastal states examined in both 2019 and 2022 for the IUU Fishing Index; whereas China’s fleet is far from being the only fleet involved in IUU fishing, but has a far-reaching impact around the world because of its size and global presence;

K.

whereas the EU is committed to the development and management of sustainable fisheries, including measures to improve monitoring, inspection, control and surveillance capacities to combat IUU fishing, as well as to ensure competitiveness and a level playing field;

L.

whereas China has not yet ratified key international conventions to tackle IUU fishing, including the FAO Agreement on Port State Measures and International Labour Organization Convention No 188 on Work in Fishing;

M.

whereas the PRC is a signatory to the World Trade Organization’s (WTO) June 2022 Agreement on fisheries subsidies;

N.

whereas the PRC ratified the Agreement to prevent unregulated high seas fisheries in the central Arctic Ocean in June 2022;

O.

whereas the EU and the PRC signed a bilateral agreement in 2018, known as the Blue Partnership, which aims to improve cooperation on global ocean governance; whereas the standing Blue Partnership working group meets once or twice a year; whereas this association is based on three pillars that align with the EU’s policy on international ocean governance – strengthening the ocean governance framework, including fishing and measures to combat IUU fishing, fostering the conditions for a sustainable blue economy and promoting cooperation on science, research and marine data;

P.

whereas the joint advice of the Long Distance Advisory Council and the Market Advisory Council of 15 December 2022 states that ‘the pace at which cooperation between the EU and China in fighting IUU fishing is achieved is not commensurate with the rapid expansion of the Chinese distant water fishing fleet and the global impact of its vast, unsustainable, and opaque activities’;

Q.

whereas the US Treasury’s Office of Foreign Assets Control has placed sanctions, under the Magnitsky Act, on several Chinese fishing companies, covering a total of 157 vessels, for the alleged use of forced labour;

R.

whereas China’s global marine catch is currently between 14 and 16 million tonnes, of which 3 to 4 million tonnes come from distant water fishing, including a large proportion caught in the waters off West Africa and off the western coast of South America (Ecuador and Peru) (10);

S.

whereas, in order to ensure that the Union’s production of fishery products is not jeopardised and that there is an adequate supply of fishery products for its processing industry, the Council, on the basis of a Commission proposal, may biannually reduce or suspend import duties for a number of fishery products within tariff quotas of an appropriate volume (11); whereas 39 % of the tuna fillets imported into the EU in 2017 under the 0 % autonomous tariff quotas came from China (12);

T.

whereas according to EUMOFA data, China exported 5,35 million tonnes of fishery and aquaculture products in 2017 (9 % to the EU), with a nominal value of EUR 19,17 billion (EU imports represented 8 % of this value); whereas the EUMOFA data for 2021, the last year for which figures are available, also reveals that Chinese seafood exports fell to 3,71 million tonnes (10 % to the EU), with a nominal value of EUR 18,1 billion (EU imports accounting for 8 % of this value);

U.

whereas the Chinese seafood imported into the European market is the product of opaque operations and severely undermines the competitiveness of the EU single market; whereas this has severe economic and labour repercussions for companies in the sector and throughout the supply chain;

V.

whereas China tightened its rules on fishing in distant waters in 2020; whereas, in 2017, China committed to limiting its distant-water fleet to 3 000 vessels by 2020;

W.

whereas maritime strategy is an essential part of China’s plan to expand its power; whereas the politicisation and militarisation of its civil maritime sector can be observed, including with respect to fishing; whereas the EU should consider the strategic sovereignty challenges related to fishing, particularly in its outermost regions;