Some recent questions regarding the European union’s public access fisheries agreements

Abstract

The European Union’s (EU) exclusive competence on the conservation of fisheries resources is not restricted to the maritime waters under the sovereignty or jurisdiction of its Member States but also extends to the activities of EU fishermen and fishing vessels in the waters of third countries or on the high seas. In developing this competence, the EU has gradually forged an external fishing policy that has enabled it to negotiate fisheries agreements with third States, with a view to maintaining the activity of the EU fishing fleet, as well as to helping to supply the European market for fish. Very recently, the Court of Justice of the European Union (CJEU) case law has reflected some of the problems that have arisen during the development of this international competence held by the EU in the field of fisheries, namely, the European Commission competence to represent the EU before an international court or tribunal, as well as the problem of the EU international legal responsibility for any breach of its obligations provided by an access fisheries agreement; the scope of the competence of the EU in the field of fisheries, as well as the notion of an international fisheries agreement; and the procedure for access to fisheries resources by virtue of an international fisheries agreement.