Chapter 3: Agreements reported for information
Agreement between the United Kingdom of Great Britain and Northern Ireland and the United States of America on the Mutual Recognition of certain distilled Spirits/Spirit Drinks (CP 34, 2019)35
51.The UK-US Mutual Recognition Agreement in relation to certain distilled spirits and spirit drinks was laid on 7 February 2019, and the scrutiny period is scheduled to end on 15 March. It was considered by the EU Energy and Environment Sub-Committee at its meeting on 20 February.
52.In 1994, in an exchange of letters, agreement was reached between the then European Community and the United States of America on the mutual recognition of certain distilled spirits and ‘spirit drinks’. This Agreement replicates the 1994 Agreement,36 with the USA agreeing to restrict the use of the terms ‘Scotch whisky’ and ‘Irish whisky/ey’ to products of Scotland and the island of Ireland respectively, and the UK agreeing to restrict the use of ‘Tennessee whisky/ey’, ‘Bourbon’ and ‘Bourbon whisky/ey’ to products of the USA.
53.The Agreement will come into force once both Parties have written to confirm they have completed the necessary internal procedures, which the UK Government intends to be either at the end of any transition period agreed with the EU or on the date that the UK leaves the EU without a deal.
54.We report the UK-US Agreement on Mutual Recognition of certain distilled Spirits/Spirit Drinks for information.
Agreement between the United Kingdom of Great Britain and Northern Ireland and the United States of America on Trade in Wine (CP 36, 2019)37
55.The UK-US Agreement on Trade in Wine was laid on 7 February 2019, and the scrutiny period is scheduled to end on 15 March. It was considered by the EU Energy and Environment Sub-Committee at its meeting on 20 February.
56.In 2006 the then European Community and the United States of America reached an agreement on trade in wine.38 The Agreement recognises each other’s wine-making practices, agrees ‘names of origin’ that can only be used to describe wine from specific regions, and sets rules on labelling and certification.
57.This new Agreement between the UK and the USA replicates the existing provisions: no material changes have been made. Providing both Parties can complete their internal processes in time, therefore, this Agreement would allow the existing UK-US wine trade to continue without disruption.
58.We report the UK-US Agreement on Trade in Wine for information.
Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (CP 41, 2019)39
59.The Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing was laid on 8 February 2019, and the scrutiny period is scheduled to end on 15 March. It was considered by the EU Energy and Environment Sub-Committee at its meeting on 20 February.
60.The Agreement on Port State Measures (PSMA) aims to eliminate Illegal, Unreported and Unregulated (IUU) fishing by preventing vessels engaged in such practices from using ports and landing their catches. Like the other six fisheries agreements considered in this report, it is a multilateral agreement. It was approved at a conference of the Food and Agriculture Organisation of the United Nations (FAO) in 2009, and came into force in June 2016.
61.There are currently 57 Parties to the PSMA, including the European Union;40 the UK is seeking to become a Party in its own right (either, in the case of a ‘no deal’ Brexit, immediately upon its withdrawal from the EU, or at the end of any transition period).
62.Parties to the PSMA agree to obtain information from vessels, and to conduct inspections, with the aim of detecting IUU fishing and barring vessels engaged in IUU fishing from using their ports. Parties also agree to undertake enforcement action against any vessels from their State who are found to have undertaken IUU.
63.Acceding to the PSMA would maintain the status quo after Brexit. Entry into force can take place 30 days after depositing an ‘instrument of accession’ with the FAO, and as the PSMA allows for ‘provisional application’ (where the PSMA is applied by a State from the date it notifies the FAO) there should not be any gap in coverage.
64.We report the Agreement on Port State Measures for information.
Agreement for the Establishment of the Indian Ocean Tuna Commission (CP 42, 2019)41
65.The Agreement for the Establishment of the Indian Ocean Tuna Commission was laid on 8 February 2019, and the scrutiny period is scheduled to end on 15 March. It was considered by the EU Energy and Environment Sub-Committee at its meeting on 20 February.
66.This Agreement establishes the Indian Ocean Tuna Commission (IOTC), and sets out its objectives, functions and terms of membership. There are currently 31 Contracting Parties to the IOTC Agreement, including the European Union;42 the UK is seeking to join in its own right.
67.The IOTC seeks to ensure the conservation of tuna and tuna-like species by collecting data on fish stocks and adopting conservation and management measures accordingly. The Government’s EM states that continuing UK membership of the IOTC is necessary for UK vessels to maintain current fishing opportunities. As the Agreement can enter into force as soon as the UK deposits an instrument of acceptance, it will be possible to have that membership in place from the point that the UK leaves the EU. The IOTC is funded by contributions from Contracting Parties, so while the UK’s payments thus far have been subsumed within the EU’s contribution, future UK membership will come at a cost of £150,000–£200,000 annually. It is not yet clear whether the domestic legislation (or conditions on fishing vessels licences) needed to implement all IOTC measures will be in place in time for a possible ‘no deal’ Brexit.
68.We report the Agreement for the Establishment of the Indian Ocean Tuna Commission for information.
Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries (CP 43, 2019)43
69.The Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries was laid on 8 February 2019, and the scrutiny period is scheduled to end on 15 March. It was considered by the EU Energy and Environment Sub-Committee at its meeting on 20 February.
70.This Convention establishes the North-East Atlantic Fisheries Commission (NEAFC), and sets out its objectives, functions and governance. There are currently five Contracting Parties to the Convention, including the European Union;44 the UK is seeking to join in its own right.
71.The NEAFC’s aim is to “ensure the long-term conservation and optimum utilisation of the fisheries resources in the Convention Area”, which it seeks to achieve by recommending fisheries control measures based on scientific evidence. Contracting Parties then implement these measures, helping to ensure consistent practices among those fishing in the area. The NEAFC is funded by contributions from contracting parties, so while the UK’s payments thus far have been subsumed within the EU’s contribution, the Government estimates that the UK would be likely to contribute £400,000–£600,000 annually to the NEAFC budget.
72.The Government’s EM states that continuing to be a party to the Convention is necessary for UK vessels to maintain current fishing opportunities. Accession is not guaranteed, as an application is only approved if within 90 days from the date of notification three-fourths of all existing parties notify their approval. It seems unlikely, however, that the UK’s participation would be opposed. A more likely scenario is that, in the case of a ‘no deal’ Brexit, there may be a short gap in coverage while the UK’s application is finalised. As part of its contingency planning, the UK Government submitted its application on 8 January. We note that if it had submitted the application ten days earlier the risk of a gap in coverage could have been avoided.
73.It is not yet clear whether the domestic legislation (or conditions on fishing vessels licences) needed to implement all IOTC measures will be in place in time for a possible ‘no deal’ Brexit.
74.It is disappointing that the EM did not contain important information, including the date on which the Government submitted its application for accession. The EM also failed to mention that the NEAFC has its headquarters in London and that the UK Government acts as the depositary for the organisation (compare paragraph 80). Defra officials have clarified separately that they expect this arrangement to continue after Brexit.
75.We report the Convention on Future Multilateral Cooperation in North East Atlantic Fisheries for information.
Convention for the Conservation of Salmon in the North Atlantic Ocean (CP 44, 2019)45
76.The Convention for the Conservation of Salmon in the North Atlantic Ocean was laid on 8 February 2019, and the scrutiny period is scheduled to end on 15 March. It was considered by the EU Energy and Environment Sub-Committee at its meeting on 20 February.
77.This Convention establishes the North Atlantic Salmon Conservation Organisation (NASCO), and sets out its objectives, functions and governance. There are currently six Contracting Parties to the Convention, including, since 1982, the European Union;46 the UK is seeking to join in its own right.
78.The NASCO’s aim is to “contribute through consultation and co-operation to the conservation, restoration, enhancement and rational management of salmon stocks subject to this Convention, taking into account the best scientific evidence available to it”. Its functions include coordinating information sharing and research and making recommendations (including for regulatory measures) to Contracting Parties to the Convention. It is funded by the contracting parties, and the Government estimates that UK contributions to the NASCO budget would amount to around £95,000–£105,000 annually.
79.The EM states that continuing to be a party to the Convention is important to allow the UK to continue to influence conservation measures. Accession will require a three-quarters majority in a Council vote. It seems unlikely, however, that the UK’s accession would be opposed. Perhaps a more likely scenario is that, in the case of a ‘no deal’ Brexit, there may be a gap in UK membership—the EM gives no indication of how quickly the process could take place. Any gap in membership is, however, unlikely to have serious consequences. The Government may also find it difficult to put in place the domestic legislation (or conditions on fishing vessels licences) needed to implement all NASCO recommendations in time for a ‘no deal’ Brexit.
80.It is disappointing that the EM failed to mention that the NASCO currently has its headquarters in Edinburgh (compare paragraph 74). The Convention allows the headquarters to be moved, though it is not known whether this possibility is under consideration or, if it is, what the impact might be.
81.We sought the views of the Scottish Government about the level of consultation on this agreement, but at the time of writing had not received a response. In the absence of a response, we are not able to form a view on whether further consultation, on this agreement or on the other agreements considered in this report, would have been appropriate.
82.We report the Convention for the Conservation of Salmon in the North Atlantic Ocean for information.
Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (CP 45, 2019)47
83.The Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas was laid on 8 February 2019, and the scrutiny period is scheduled to end on 15 March. It was considered by the EU Energy and Environment Sub-Committee at its meeting on 20 February.
84.The Agreement was approved by a Food and Agriculture Organization of the United Nations (FAO) conference in 1993, and entered into force in 2003. There are currently 42 Parties to the Agreement, including, since 1996, the European Union.48 The UK is now seeking to join in its own right.
85.Parties to the Agreement commit to ensuring that fishing vessels entitled to fly their flag (in other words, to be registered or licensed with them) “do not engage in any activity that undermines the effectiveness of international conservation and management measures”.49 They are required to keep a record of all fishing vessels entitled to fly their flag, and to provide information on their vessels to the FAO as required. They also agree to monitor and enforce the Agreement, including by obtaining information from vessels about their catches and landings and by introducing sanctions for non-compliance with the Agreement.
86.The Agreement is open to acceptance by any Member of the FAO and is “effected by the deposit of an instrument of acceptance with the Director-General of FAO”, so it should be possible for the UK to become a Contracting Party in its own right as soon as it leaves the EU. This would maintain the status quo, which the Government says is important to demonstrate its ongoing commitment to sustainable fishing.
87.We report the Agreement to Promote Compliance with International Conversation and Management Measures by Fishing Vessels on the High Seas for information.
International Convention for the Conservation of Atlantic Tunas (CP 46, 2019)50
88.The International Convention for the Conservation of Atlantic Tunas was laid on 8 February 2019, and the scrutiny period is scheduled to end on 15 March. It was considered by the EU Energy and Environment Sub-Committee at its meeting on 20 February.
89.This Convention was adopted in Rio de Janeiro in 1966. It establishes the International Commission for the Conservation of Atlantic Tunas (ICCAT), and sets out its objectives, functions and governance arrangements. There are currently 52 Contracting Parties to the Convention, including, since 1986, the European Union.51 The UK, which is already a state signatory with respect to some of the Overseas Territories, is now seeking to join in its own right.
90.The ICCAT’s functions include collecting and analysing data on fish stocks and making recommendations, on the basis of that data, aimed at maintaining fish populations at levels that permit the maximum sustainable catch.
91.The Government’s EM states that membership of the ICCAT is necessary for UK vessels to maintain current fishing opportunities. As the Convention can enter into force as soon as the UK completes its internal ratification and approval processes, it will be possible to have that membership in place from the point that the UK leaves the EU. It is funded by the contracting parties, so while the UK’s payments thus far have been subsumed within the EU’s contribution, the Government estimates that UK contributions to the ICCAT budget would amount to £100,000–£150,000 annually. It is not yet clear whether the domestic legislation (or conditions on fishing vessels licences) needed to implement all ICCAT recommendations will be in place in time for a possible ‘no deal’ Brexit.
92.We report the International Convention for the Conservation of Atlantic Tunas for information.
Convention on Cooperation in the Northwest Atlantic Fisheries (CP 47, 2019)52
93.The Convention on Cooperation in the Northwest Atlantic Fisheries was laid on 8 February 2019, and the scrutiny period is scheduled to end on 15 March. It was considered by the EU Energy and Environment Sub-Committee at its meeting on 20 February.
94.This Convention, agreed in Ottawa in 1978, establishes the Northwest Atlantic Fisheries Organization (NAFO), and sets out its objectives, functions and governance arrangements. There are currently 12 Contracting Parties to the Convention, including the European Union.53 The UK is seeking to join in its own right.
95.The NAFO’s functions include collecting and analysing data on fish stocks and adopting conservation and management measures on the basis of that data. Contracting Parties agree to follow scientific advice, prevent overfishing, collect accurate data and minimise discards and pollution, as well as implementing the measures put forward by the NAFO.
96.The Government’s EM states that membership of the NAFO is necessary for UK vessels to maintain current fishing opportunities. As the Convention can enter into force as soon as the UK submits a notification, it will be possible to have that membership in place from the point that the UK leaves the EU. It is funded by the contracting parties, so while the UK’s payments thus far have been subsumed within the EU’s contribution, the Government estimates that UK contributions to the NAFO budget would amount to £45,000–£80,000 annually. It is not yet clear whether the domestic legislation (or conditions on fishing vessels licences) needed to implement all NAFO recommendations will be in place in time for a possible ‘no deal’ Brexit.
97.We report the Convention on Cooperation in the Northwest Atlantic Fisheries for information.
35 Agreement between the United Kingdom of Great Britain and Northern Ireland and the United States of America on the Mutual Recognition of certain distilled Spirits/Spirit Drinks, CP 34, 2019: https://www.gov.uk/government/publications/cs-usa-no22019-ukusa-agreement-on-the-mutual-, recognition-of-certain-distilled-spiritsspirit-drinks [accessed 19 February 2019]
36 Council Decision (EC) of 21 February 1994 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United States of America on the mutual recognition of certain distilled spirits/spirit drinks, OJ L 157, (24 June 1994), p 36
37 Agreement between the United Kingdom of Great Britain and Northern Ireland and the United States of America on Trade in Wine, CP 36, 2019: https://www.gov.uk/government/publications/cs-usa-no32019-ukusa-agreement-on-trade-in-wine [accessed 19 February 2019]
38 Council Decision (EC) of 14 November 2005 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United States of America on matters related to Trade in Wine OJ L 301 (18 November 2005), pp 14–15
39 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, CP 41, 2019: https://www.gov.uk/government/publications/ms-no102019-agreement-on-port-state-measures-to-prevent-deter-and-eliminate-illegal-unreported-and-unregulated-fishing [accessed 19 February 2019]
40 Council Decision (EU) of 20 June 2011 on the approval, on behalf of the European Union, of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing OJ L 191, (22 July 2011), pp 1–18
41 Agreement for the Establishment of the Indian Ocean Tuna Commission, CP 42, 2019: https://www.gov.uk/government/publications/ms-no62019-agreement-for-the-establishment-of-the-indian-ocean-tuna-commission [accessed 19 February 2019]
42 Council Decision (EC) of 18 September 1995 on the accession of the Community to the Agreement for the establishment of the Indian Ocean Tuna Commission, OJ L 236 (5 October 1995) pp 24–33
43 Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries, CP 43, 2019: https://www.gov.uk/government/publications/ms-no52019-convention-on-future-multilateral-cooperation-in-north-east-atlantic-fisheries [accessed 19 February 2019]
44 Council Decision (EEC) of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries, OJ L 227 (12 August 1981), pp 21–28
45 Convention for the Conservation of Salmon in the North Atlantic Ocean, CP 44, 2019: https://www.gov.uk/government/publications/ms-no72019-convention-for-the-conservation-of-salmon-in-the-north-atlantic-ocean [accessed 19 February 2019]
46 Council Decision (EEC) of 13 December 1982 concerning the conclusion of the Convention for the Conservation of Salmon in the North Atlantic Ocean, OJ L 378 (31 December 1982), pp 24–31
47 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, CP 45, 2019: https://www.gov.uk/government/publications/ms-no82019-agreement-to-promote-compliance-with-international-conservation-and-management-measures-by-fishing-vessels-on-the-high-seas [accessed 19 February 2019]
48 Council Decision (EC) of 25 June 1996 on acceptance by the Community of the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas, OJ L 177 (16 July 1996), pp 24–32
49 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, Article III(1)(a): https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/777311/MS_8.2019_High_Seas.pdf [accessed 21 February 2019]
50 International Convention for the Conservation of Atlantic Tunas, CP 46, 2019: https://www.gov.uk/government/publications/ms-no92019-convention-for-the-conservation-of-atlantic-tunas [accessed 19 February 2019]
51 Council Decision (EC) of 9 June 1986 on the accession of the Community to the International Convention for the Conservation of Atlantic Tunas, as amended, OJ L 162 (18 June1986), pp 33–38
52 Convention on Cooperation in the Northwest Atlantic Fisheries, CP 47, 2019: https://www.gov.uk/government/publications/ms-no112019-convention-on-cooperation-in-the-northwest-atlantic-fisheries [accessed 19 February 2019]