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Mediterranean Measures Reach Union Law Years After Being Agreed

Heraklion: Cretan skippers working the grounds south of the island operate under rules made in three places at once, and only one of them is European. The General Fisheries Commission for the Mediterranean sets conservation and control measures for waters beyond national jurisdiction across the Mediterranean and the Black Sea; the European Union, as a contracting party, is obliged to turn those measures into Union law; and the gap between the two has been wide enough to become a policy problem in itself.

On 15 September the European Parliament voted on two regulations designed to close it. The first implements conservation and control measures recommended by six regional fisheries management organisations over a period stretching back to 2018. The second deals specifically with the area covered by the General Fisheries Commission. The Fisheries Committee had reached provisional agreements with the Council on both texts before the plenary, so the votes confirmed a settlement rather than opening one.

The interesting figure is not in either regulation. The Union is a contracting party to eighteen regional fisheries management organisations, each producing recommendations on an annual or biennial cycle, and each recommendation requiring transposition through the ordinary legislative procedure before it binds Union operators. That is a structural mismatch. International fisheries bodies adopt measures on the timescale of a fishing season; the co-decision machinery works on the timescale of a legislative file. A measure agreed in 2018 arriving in Union law in 2026 is not an aberration but the predictable output of running one system through the other.

The consequences fall unevenly. Union vessels in mixed fisheries can find themselves bound by a Union rule that no longer matches the current recommendation of the body that wrote it, while operators from other contracting parties in the same waters follow the updated version. Control authorities inspecting at sea must know which instrument applies to which flag. For small-scale operators around the Aegean and the Adriatic, where enforcement is already complicated by the number of jurisdictions within a short steam, the lag translates into genuine uncertainty about what is lawful.

Both regulations therefore carry a subtext about delegation. The Union already uses delegated acts to update technical annexes in many fields, and the case for extending that approach to routine transposition of regional fisheries measures has been made repeatedly by the Commission and resisted, on institutional grounds, by parts of the Parliament. Ceding the update of conservation rules to the Commission means ceding a scrutiny point, and the Fisheries Committee has historically been reluctant to give one up.

The Mediterranean file also carries a geopolitical dimension rarely stated in the recitals. Those waters are fished by contracting parties well beyond the Union, and the credibility of a Union demand that others implement agreed measures promptly is weakened when the Union’s own implementation runs several years behind. Delegations arguing for stricter effort limits at the next session will be doing so with a transposition record that others can read.

The Parliament’s position now proceeds to formal adoption. The broader question of how the Union keeps pace with eighteen international bodies at once is not addressed by either text, and will surface again in the forthcoming revision of the Common Fisheries Policy, for which the Parliament called this week.