EU court upholds secrecy on countries’ breaches of EU fisheries laws

This ruling is the last stage of a case ClientEarth brought against the Commission for refusing to grant the NGO access to crucial audit reports detailing failures by France and Denmark to control illegal fishing – in breach of EU fisheries laws.

Audit reports are key to assessing whether countries are properly implementing EU fisheries laws and serve as a basis for follow-up actions, including Commission infringement procedures for breaches of EU law. The information is also essential to the ongoing evaluation of the Common Fisheries Policy. But only a few officials have access to up-to-date and reliable information on EU law enforcement while MEPs and civil society are kept in the dark.

ClientEarth Senior lawyer Anne Friel said: “We are very disappointed by this judgment, which highlights that people and NGOs are being deprived of their very basic rights – knowing whether Member States are actually complying with the laws that exist to protect them and the environment, and what the Commission is doing about it. It means that illegal fishing can remain hidden and unpunished, and civil society is prevented from effectively participating in decision-making on the Common Fisheries Policy. Ultimately, it means the ocean remains vulnerable to abuse.”

The Commission has just set promising priorities on paper for its next mandate – the Ocean Pact and the focus on implementing the EU Green Deal – but also abandoned legal action against member states for failing to enforce the fish discard ban, without any explanation and while many countries are still allegedly breaching it.

Friel said: “With her Ocean Pact, Ursula Von der Leyen has raised huge hopes for the planet. But to be coherent, she must deliver her promise to improve the implementation of EU environmental laws.

“The implementation of EU environmental laws is everyone’s business – and increasing transparency is crucial to allow the public to participate in environmental decision-making and hold the Commission to account for its enforcement activities, especially when it comes to matters like fisheries – which are so difficult to monitor.

“There is no time to lose –the ocean is under siege, increasingly affected by multiple crises, from climate change to pollution and destructive fishing. This has consequences for everyone – from fishers to the rest of the world. We need a healthy ocean, and that means we all need access to the information it takes to protect it.”

• In 2021, ClientEarth challenged the Commission before the General Court of the EU for refusing to grant the NGO access to audit reports on the implementation of the Fisheries Control regulation by France and Denmark.
• In 2023, the Court ruled that the audit reports can remain confidential. ClientEarth lawyer appealed that decision before the Court of Justice of the EU.
• The ruling is the final stage of the legal procedure.
  • Enforcement of EU fisheries laws is a major issue in several EU member states. For instance, information that emerged in the course of a ClientEarth court case last year showed that the Netherlands was routinely under-policing catch brought on shore, leading to, by the state’s own admission, a strong likelihood of fish fraud happening on its watch.

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