New conditions and safeguards for the use of certain exemptions to the margin of tolerance rules to ensure accurate fish quotas and healthy fisheries have been adopted by the European Commission.

The margin of tolerance is the maximum allowed difference between catch estimations by captains of fishing vessels and the actual weight of the fish caught. The standard margin of tolerance is set at 10% per species. This means a captain’s estimate for specific species caught can deviate by up to 10%.
The new conditional measures apply exemptions to the standard margin of tolerance in three fisheries where catches are not sorted upon landing: small pelagic fisheries, industrial fisheries and tropical tuna fisheries using purse seiners.
Operators in these fisheries will be able to benefit from these exemptions when landing and transhipping fish only in specific ports designated by the Commission.
Stricter controls will apply to these ports, both inside and outside the EU. This ensures equal treatment for all fishing fleets, regardless of their location.
The derogations of the margin of tolerance will help fishers, while member states will be able to use more advanced control measures. The conditions define specific requirements for using these exemptions and emphasise the importance of rigorous weighing procedures to ensure catch registration.
With the implementation of these measures in ports outside the EU, the EU will reinforce cooperation with non-EU countries on fisheries control and strengthen a culture of compliance towards sustainable fisheries internationally.
EU member states can now submit their proposals for listing ports meeting conditions to use the derogation. The Commission will analyse the proposals received and publish the first list of ports meeting the conditions by July 2024.
The move and the European Commission have been commended by the Environmental Justice Foundation (EJF), with the NGO welcoming that the new rules require advanced and stricter control tools, such as CCTV to monitor landings, and set minimum benchmarks for the rates of inspection on trans-shipments.
It said that if properly implemented, this can increase transparency and accuracy in reporting by EU fleets that catch a large number of species, including those that have been overfished, such as yellowfin tuna in the Indian Ocean.
“Stricter control measures on landings by EU vessels that have more leeway to misreport their catches are critical to prevent hidden overfishing. In the long run, everyone loses if we open the door to fish fraud. Fish stocks will collapse and the EU’s credibility in its efforts to promote sustainable fisheries on the world stage will be severely undermined. These new rules can help prevent that,” EJF Senior EU Advocacy Officer Sean Parramore said.
A first list of ports is to be adopted by July 2024, following input from EU member states.
Parramore said: “When selecting ports, it is crucial that there is sufficient evidence that the conditions approved today are actually in place. This will be key for the EU to continue leading by example in fighting unreported fishing globally.”