Revision of draft Law on Structural Support and Market Organisation in Fisheries

Within the scope of project activities in the area of Negotiating Chapter 13 (Fisheries), a revision of the draft Law on Structural Support and Market Organisation in Fisheries was carried out.

Serbia has opened Negotiating Chapter 13 in June 2018. Given that Serbia is landlocked, a large part of the Union acquis on fisheries is not applicable. However, certain measures will have to be implemented and domestic legislation adapted to ensure proper implementation of the Union acquis by the date of the accession.

To provisionally close negotiations in Chapter 13, Serbia is required to present “an action plan that will ensure full compliance with the requirements of the EU legislation by the date of accession, in particular regarding the organisation of markets, aquaculture, data collection and control measures against illegal, unreported and unregulated fishing”. An advanced draft action plan for the alignment with the Union acquis, was presented to the European Commission, as well as the assessment report. According to the 2022 Progress Report, legislation on market policy still needs to be adopted, in line with the EU acquis.

The Ministry of Agriculture, Forestry and Water Management prepared the first draft of the Law on Structural Support and Market Regulation in Fisheries. The new law aims to create conditions for the activation of selected market regulation measures and to create conditions for their gradual harmonisation with key EU legislation that regulates structural and market policy. Specifically, the new law aims to provide a basis for the implementation of Regulation 2021/1139 on the establishment of the European Maritime, Fisheries and Aquaculture Fund, Regulation 1379/2013 on the common regulation of the market for fishery and aquaculture products, Regulation 1380/2013 on the common fisheries policy and Regulation 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing.

The PLAC III project supported the line Ministry in assessing the compliance of the draft of the new law with the relevant Union acquis and drafting a proposal for a revised draft law, after identifying legal gaps. Project expert Jelena Jerbić presented the results of the legal gap analysis as well as the proposal for the alignment, at the workshop held in Belgrade on 19 October 2023.

The revised document envisages as a general goal of the structural policy in fisheries and aquaculture the contribution to the sustainable use of the fish stock and the preservation of biological diversity. The priorities for this are the promotion of fisheries and the preservation of aquatic biological resources, as well as the promotion of sustainable aquaculture and processing activities and the marketing of fishery and aquaculture products. Also enabling the sustainable development of the water economy in land areas and encouraging the sustainable development of fishing and aquaculture communities. Jerbić stated that this requires a multi-year national plan and programme for the development of aquaculture, as well as a rulebook for the implementation of measures.

The revised draft law also foresees market control of fishery products. As one of the recommendations, Jerbić stated that the law should prescribe a competent authority for the inspection supervision of the market of fishery products and the control of catch certificates, as well as to establish the basis for a rulebook that would prescribe inspection obligations.

The workshop was attended by representatives of the line Ministry.

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