traceability of fish or fish products.
85 Several RFMOs, such as CCAMLR, IOTC,
and ICCAT, have implemented these schemes as an information-gathering and
trade-tracking tool.
86 These schemes are particularly useful for major seafood
importing State like the EU. As the EU is the world’s largest market for fish and
fish products, it has a considerable power as a market state to compel transparency of
every fish and fish products entering its market. Any State wishing to land or export
fish or fish product to the EU must agree to its terms of catch certificates.
87
In 2012, Indonesia developed a National Plan of Action to Prevent, Deter and
Eliminate IUU Fishing [NPOA-IUU] in accordance with the FAO Code of Conduct
and the IPOA-IUU. In implementing the IPOA-IUU, Indonesia explicitly admits that
it has adopted and implemented the European Commission Regulation No. 10005/
2008 on Catch Certification Scheme.
88 As the EU is one of the markets for
Indonesian seafood, this certification scheme works both ways: to avoid possible
EU sanctions against its vessels and to secure its waters from foreign IUU fishing
vessels. To support Indonesian seafood export to the EU,
89 Indonesia has enacted a
catch certification requirement since 2012, with particular attention to the EU-IUU
Regulation.
90 In addition to catch certificate, there must be an import certificate
confirming that the exported catch bound for the EU market is using parts or the
entire fish from another country that has notified the catch certificates to the EU,
91
and a landing statement confirming that the landed catch does not originate from
IUU fishing.
92 For this scheme, Indonesia has developed an online data-sharing
system for applying, issuing and storing catch certificates.
93 Because of the Benjina
case, now Indonesia also requires a human rights certificate to fishing vessels.
94
85 IPOA-IUU, paras. 69 and 71.
86 Tsamenyi et al. (2010), p. 24.
87 EC Regulation No.1005/2008, Arts 12 and 18.
88 Minister of Marine Affairs and Fisheries (2012), Decree No. KEP.50/MEN/2012 on the National
Action Plan on the Prevention and Elimination of IUU Fishing.
89 The main Indonesia’s seafood export destinations in the EU are Germany, United Kingdom, Italy
and Spain. Question remains whether the United Kingdom will still require catch certificate upon
quitting the EU (See Ministry of Marine Affairs and Fisheries (2016), Incar Uni Eropa, KKP
Optimalkan Sertifikasi Hasil Tangkapan, https://kkp.go.id/djpt/artikel/2761-incar-uni-eropa-kkpoptimalkan-sertifikasi-hasil-tangkapan).
90 Minister of Marine Affairs and Fisheries’ Regulation No. PER/13/MEN/2012 on the Catch
Certificate, Preamble.
91 Id., Art. 1(5).
92 Id., Art. 1(6).
93 Marwoto (2011).
94 See Ministerial Regulation No. 35/PERMEN-KP/2015 on System and Certification of Human
Rights in the Fishing Industry, Art. 3 paras. (1) and (2); See also Regulation of the Minister of
Marine Affairs and Fisheries of the Republic of Indonesia No. 2/PERMEN-KP/2017 concerning
Requirement and Mechanism of Human Rights Certification for Fisheries.
134
D. Liliansa
85 Several RFMOs, such as CCAMLR, IOTC,
and ICCAT, have implemented these schemes as an information-gathering and
trade-tracking tool.
86 These schemes are particularly useful for major seafood
importing State like the EU. As the EU is the world’s largest market for fish and
fish products, it has a considerable power as a market state to compel transparency of
every fish and fish products entering its market. Any State wishing to land or export
fish or fish product to the EU must agree to its terms of catch certificates.
87
In 2012, Indonesia developed a National Plan of Action to Prevent, Deter and
Eliminate IUU Fishing [NPOA-IUU] in accordance with the FAO Code of Conduct
and the IPOA-IUU. In implementing the IPOA-IUU, Indonesia explicitly admits that
it has adopted and implemented the European Commission Regulation No. 10005/
2008 on Catch Certification Scheme.
88 As the EU is one of the markets for
Indonesian seafood, this certification scheme works both ways: to avoid possible
EU sanctions against its vessels and to secure its waters from foreign IUU fishing
vessels. To support Indonesian seafood export to the EU,
89 Indonesia has enacted a
catch certification requirement since 2012, with particular attention to the EU-IUU
Regulation.
90 In addition to catch certificate, there must be an import certificate
confirming that the exported catch bound for the EU market is using parts or the
entire fish from another country that has notified the catch certificates to the EU,
91
and a landing statement confirming that the landed catch does not originate from
IUU fishing.
92 For this scheme, Indonesia has developed an online data-sharing
system for applying, issuing and storing catch certificates.
93 Because of the Benjina
case, now Indonesia also requires a human rights certificate to fishing vessels.
94
85 IPOA-IUU, paras. 69 and 71.
86 Tsamenyi et al. (2010), p. 24.
87 EC Regulation No.1005/2008, Arts 12 and 18.
88 Minister of Marine Affairs and Fisheries (2012), Decree No. KEP.50/MEN/2012 on the National
Action Plan on the Prevention and Elimination of IUU Fishing.
89 The main Indonesia’s seafood export destinations in the EU are Germany, United Kingdom, Italy
and Spain. Question remains whether the United Kingdom will still require catch certificate upon
quitting the EU (See Ministry of Marine Affairs and Fisheries (2016), Incar Uni Eropa, KKP
Optimalkan Sertifikasi Hasil Tangkapan, https://kkp.go.id/djpt/artikel/2761-incar-uni-eropa-kkpoptimalkan-sertifikasi-hasil-tangkapan).
90 Minister of Marine Affairs and Fisheries’ Regulation No. PER/13/MEN/2012 on the Catch
Certificate, Preamble.
91 Id., Art. 1(5).
92 Id., Art. 1(6).
93 Marwoto (2011).
94 See Ministerial Regulation No. 35/PERMEN-KP/2015 on System and Certification of Human
Rights in the Fishing Industry, Art. 3 paras. (1) and (2); See also Regulation of the Minister of
Marine Affairs and Fisheries of the Republic of Indonesia No. 2/PERMEN-KP/2017 concerning
Requirement and Mechanism of Human Rights Certification for Fisheries.
134
D. Liliansa