ACM: shrimp fishers are allowed to make an arrangement to prevent overfishing
Summary
- The Cooperative Fisheries Organization (CVO) is allowed to impose catch restrictions on its members in order to prevent overfishing of the North Sea Brown shrimp.
- The initiative contributes to European fishing objectives, such as productivity, stability, and a sustainable fisheries sector.
- ACM has ruled that this initiative is not at odds with the competition rules.
The Cooperative Fisheries Organization (in Dutch: Coöperatieve Visserij Organisatie, or CVO) and its members are allowed to make an arrangement in order to prevent overfishing of the North Sea Brown shrimp. The CVO wishes to adopt the so-called Harvest Control Rule of the MSC certification label, and mandate this rule for its members. With this rule, the CVO can impose temporary catch restrictions on its members in order to protect the shrimp population. The Netherlands Authority for Consumers and Markets (ACM) has ruled that this initiative is not at odds with the competition rules. The prevention of overfishing is important for the fisheries sector as well as for the survival of other marine life, and the initiative does not go beyond what is necessary for this purpose. This is the first time that a sustainability agreement has been tested against the competition rules in the European fishing regulations. ACM welcomes this initiative for a more sustainable fisheries sector.
Preventing overfishing of shrimp
Having stable shrimp stocks is important for the continued existence of the shrimp fishing sector as well as for other marine life. Shrimps keep ocean floors clean, and are an important source of food for other fish. Whenever there are few shrimps in the sea, it is important, according to the CVO, that affiliated fishers temporarily reduce shrimp fishing hours. In that way, shrimp stocks can recover, and overfishing is prevented.
To many fish species in Europe, a legally binding quota system applies, aimed at preventing overfishing. No such system applies to the North Sea Brown shrimp. That is why the CVO wishes to make arrangements with its members about necessary catch restrictions.
The CVO wishes to include the Harvest Control Rule of the MSC certification label in the Production and Marketing Program (in Dutch: Productie- en Afzetprogramma). This way, the CVO can impose temporary catch restrictions if stocks are too low. The question of whether or not shrimp stocks are too low will be objectively determined using pre-determined threshold values. If catch restrictions are imposed, it means that fishers are allowed to fish at sea for a maximum number of hours per week.
ACM’s informal assessment
ACM has assessed the initiative in accordance with the Policy Rule regarding ACM’s oversight of sustainability agreements. This marked the first time that an initiative was tested against the competition rules in the European fishing regulations. ACM has no objections. ACM finds, in this case, in particular the following aspects important:
- The initiative contributes to European fishing objections, such as productivity, stability, and a sustainable fisheries sector. By preventing overfishing, the initiative contributes to stable shrimp stocks. And to socioeconomic aspects such as, a fair income for fishers, and reasonable prices for consumers, also in the long term.
- The catch restrictions are temporary, and will not be imposed longer than necessary.
- Not all competition between fishers will be excluded. No price-fixing agreements are made.
- Fishers themselves choose whether or not they wish to use the MSC certification label, and are allowed to continue to use other labels too.
ACM and sustainability
ACM ensures that markets work well for all people and businesses, now and in the future. More-sustainable products and consumption are an important element of the transition to a sustainable society. ACM wishes to create the right conditions for promoting the sustainability transition. ACM takes away obstacles, and offers opportunities where it can. This does not just apply to the conclusion of sustainability agreements between businesses. ACM also takes action against businesses if they put misleading sustainability claims on their products.
Collaboration test
If you wish to collaborate with another business and you wish to assess whether that is allowed under the competition rules, take ACM’s collaboration test (in Dutch). With the collaboration test, businesses can assess anonymously whether a collaboration is allowed according to the competition rules.
Are you unsure whether the collaboration is allowed, even after doing the collaboration check and after consulting with a legal advisor? If so, ACM can informally assess your sustainability agreement. ACM takes a quick and summary look, and you can start the collaboration with more reassurance. Do you want to know more? See here: Have your sustainability agreement assessed | ACM.
More information about collaborations and sustainability can be found here: Arrangements between businesses regarding sustainability (in Dutch).
More information about collaborations in the agricultural sector can be found here: Guidelines regarding collaborations between farmers - updated for sustainability arrangements (in Dutch).