Intra-EU trade in fishery products bound for Spain: Possible traffic control measures for illegal fishery products

The report examines how disparities in the implementation of the IUU Regulation across EU Member States create risks that illegal fishery products are diverted to countries with stricter controls, such as Spain, through intra-EU trade. It analyzes three scenarios: third-country products in transit, third-country products already imported by another Member State, and products produced within the EU. While the free movement of goods under the TFEU limits systematic 'double-checking' of Union goods, the report identifies that random sample checks and requirements to prove Union goods status remain viable tools. It recommends that the European Commission harmonize IUU Regulation implementation and that Spain increase random checks and resources for the General Secretariat of Fisheries (SGP).

• Disparities in how EU Member States apply the IUU Regulation and import controls create a risk that high-risk fishery products are diverted to countries with more stringent measures, such as Spain.
• A study identified abnormal trade flows between Portugal and Spain starting in 2012, where imports of certain products like swordfish from non-cooperating countries increased in Portugal while decreasing in Spain, coinciding with an increase in intra-Community trade from Portugal to Spain.
• Fishery products that have already acquired Union goods statuseither produced in the EU or imported by another Member Statecannot be subjected to systematic double-checks for IUU risks, as this would likely exceed the limits of Article 36 of the TFEU and breach the principle of proportionality.
• Random sample checks of fishery products at the border by the destination Member State are legally permitted under Articles 30, 34, and 36 of the TFEU, provided they are justified by public interest and limited to essential measures.
• The requirement to provide proof of Union goods status serves as an additional control measure for certain marine fishery products, such as those caught by Union vessels outside EU customs territory or by third-country vessels within the Union customs territory.

APA

ClientEarth (2019). Intra-EU trade in fishery products bound for Spain: Possible traffic control measures for illegal fishery products. https://www.clientearth.org/media/vtaeluui/intra-eu-trade-in-fishery-products-bound-for-spain-possible-traffic-control-measures-for-illegal-fishery-products-ce-en.pdf

Chicago

ClientEarth. Intra-EU trade in fishery products bound for Spain: Possible traffic control measures for illegal fishery products. 2019. https://www.clientearth.org/media/vtaeluui/intra-eu-trade-in-fishery-products-bound-for-spain-possible-traffic-control-measures-for-illegal-fishery-products-ce-en.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Intra-EU trade in fishery products bound for Spain: Possible traffic control measures for illegal fishery products |date=June 2019 |url=https://www.clientearth.org/media/vtaeluui/intra-eu-trade-in-fishery-products-bound-for-spain-possible-traffic-control-measures-for-illegal-fishery-products-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2019intraeu, author = {{ClientEarth}}, title = {{Intra-EU trade in fishery products bound for Spain: Possible traffic control measures for illegal fishery products}}, institution = {ClientEarth}, year = {2019}, month = jun, url = {https://www.clientearth.org/media/vtaeluui/intra-eu-trade-in-fishery-products-bound-for-spain-possible-traffic-control-measures-for-illegal-fishery-products-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }