Europe takes action against Ireland over dumping unwanted fish in the sea

Discarding describes catches of species which are not kept, but instead returned to the sea, which the EU has described as a "substantial waste of resources". File photo: RollingNews.ie

The European Commission has said it will take action against Ireland over the returning of unwanted fish catch back into the sea.

The EU's governing branch said it has decided to open infringement proceedings against Ireland, Belgium, and the Netherlands over non-compliance of enforcement of the so-called "landing obligation".

The landing obligation, introduced in 2015 and fully in force since January 2019, aims to eliminate discarding of unwanted fish catch by encouraging fishers to fish more selectively.

Discarding describes catches of species which are not kept, but instead returned to the sea, which the EU has described as a "substantial waste of resources".  The practice "negatively affects the sustainable exploitation of marine biological resources and marine ecosystems", according to the EU.

The commission said that an estimated seven to 10 million tonnes of commercial fisheries catches are discarded annually. Fishers discard because the fish is smaller than the legal size, the fisher does not have a quota for it, the fish is of low market value, is damaged, or it is prohibited to catch that species.

"In particular, Belgium, Ireland and the Netherlands failed to ensure the control and enforcement of the obligation that all catches of species subject to catch limits and species subject to minimum sizes are brought and retained on board fishing vessels, and then recorded, landed and counted against quotas, where applicable," the commission said.

Effective control and enforcement of fishing activities at sea and the accurate recording of catches and discarded quantities are essential, the commission said.

"It is also important in order to prevent, deter and eliminate illegal, unreported, and unregulated fishing. Therefore, the commission has decided to send letters of formal notice to the Member States concerned, which have two months to respond to the letter and address the shortcomings raised by the commission. Otherwise, the commission may decide to issue a reasoned opinion."

A formal notice is a request for further information on how the problem is to be tackled, and if the answer is unsatisfactory, a formal request to comply with EU law is sent, known as a reasoned opinion.

If the country still doesn't comply after the reasoned opinion is sent, the commission may decide to refer the matter to the European Court of Justice (ECJ). Most cases are settled before being referred to the court. If the ECJ compels that action be taken, the Government must act or be in breach of EU law.

In the event that a country still doesn't rectify the situation, the commission may refer the country back to the court, which can then impose financial penalties. The penalties can either be a lump sum, a daily payment, or both. The fines are usually robust enough to be considered a deterrent.