Press release
Court hearing: ClientEarth in EU court to tackle illegal overfishing
24 September 2024
When? October 25, 2024 – 9:30 am CET – public hearing
Where? General Court of the EU, Luxembourg
What is the hearing about?
ClientEarth lawyers are attending a hearing in their case against the EU Council to end overfishing in Europe.
In 2022, for the first time, ClientEarth lawyers took legal action against all EU member states simultaneously for setting unsustainable fishing limits in the North-East Atlantic, in violation of EU law.
EU Member State representatives gathered in EU Council meetings have failed to set fishing limits in line with scientific advice for a large number of key fish stocks – mostly caught as bycatch – pushing vulnerable species like cod to the verge of collapse.
For instance, fishing limits set for 2022 were above the sustainable scientific advice for one third of the commercial fish stocks managed by the EU and UK. For pollack, the limit agreed exceeds what scientists advised by almost 1,000 tonnes – the equivalent of around 100,000 pollack.
As a result, the EU missed its self-imposed legal deadline, outlined in the Common Fisheries Policy, to end overfishing in Europe by 2020.
What do ClientEarth lawyers want from this case?
ClientEarth lawyer Arthur Meeus said :
"We want to set a precedent and prevent further mismanagement of EU fisheries. Our main aim is to ensure that EU leaders respect the targets they set themselves and are held accountable if they break the law and allow overfishing to continue, while failing to rebuild depleted fish populations.
“Species such as cod, pollack or whiting are not only a source of food for humans. They are also a vital part of the marine ecosystem and their collapse can have a huge impact on the whole food web – decimating marine life and undermining the ocean’s resilience to other pressures.
“This is why decision-makers need to consider the marine environment as a whole when setting fishing limits – taking into account other factors such as climate change, pollution and lack of oxygen. This is not only key for our oceans’ health, but also for fishers and coastal communities who depend on thriving fish populations and ecosystems for their livelihoods.”
"Finally, we hope that this ruling will also lead to greater caution in the face of data and knowledge gaps or uncertainty about the true state of fish populations. In such cases, it is important to set lower limits, not higher ones, as is currently the case".
A ruling in this case is expected within the first half of 2025.
ENDS
Notes to editors:
Overfishing – a major issue
While some progress has been made over the years, overfishing remains a major issue in Europe.
Based on the most recent report on "Monitoring the performance of the CFP" by the EU's Scientific, Technical and Economic Committee for Fisheries, 30% of the assessed Northeast Atlantic stocks were still subject to overfishing in 2022, and 61% in the Mediterranean and Black Seas in 2021 (the most recent years with available data, respectively).
Overfishing and destructive fishing practices have been the main causes of marine biodiversity loss for the last 40 years. They also critically undermine the resilience of fish, crustaceans, corals, seabirds, marine mammals, and other wildlife to the impacts of climate change - as well as undermining their capacity to mitigate it.
A recent study found that populations of many overfished species are in far worse condition than has been reported, and called for a more cautious approach to fisheries management to protect fish stocks around the world.
EU fisheries management – relevant data
As EU leaders will soon start negotiating fishing opportunities for the Northeast Atlantic and the Mediterranean in 2025, ClientEarth and other NGOs have shared some joint recommendations. The negotiations will run throughout the autumn and winter and conclude with the annual meeting of EU fisheries ministers in December 2024.
In December 2023, EU fisheries ministers set annual fishing limits for EU-only stocks and stocks shared with the UK and other countries for 2024, some of which were once again illegal.
Year after year, ClientEarth has criticised Ministers for ignoring the law and science when setting annual fishing limits:
- In 2018
- In 2019
2020: EU’s self-imposed legal deadline to end overfishing
- In 2020
- In 2021, for EU-only stocks, for EU-UK stocks
- In 2022, for EU-only stocks, for EU-UK stocks
- In 2023
Legal case – background
In October 2022, ClientEarth took all EU fisheries ministers to court for allowing unsustainable fishing limits for both EU-only and EU-UK shared stocks in the Northeast Atlantic.
This is the first time ClientEarth lawyers directly challenged all EU fisheries ministers via the Council thanks to new EU access to justice rules.
In parallel, ClientEarth supported Friends of the Irish Environment in a challenge against the Irish Government for setting unsustainable fishing limits. The Irish judge decided to refer this case to the Court of Justice of the European Union which ruled in January 2024.
About ClientEarth
ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account, and defend everyone’s right to a healthy world. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.