The new Basic Regulation of the EU Common Fisheries Policy (CFP) integrates for the first time specific provisions for the CFP external dimension, including an exclusivity clause as a central element of the Sustainable Fisheries Partnership Agreements. The exclusivity clause means that EU fishing vessels can only operate in the framework of the fishing agreement.
End of 2014, the Court of Justice of the European Union (CJEU), issued a ruling on the application of the exclusivity clause in the case of Swedish fishing vessels chartered by Moroccan companies, while there was an agreement between EU and Morocco (containing an exclusivity clause) but no protocol in force. In its ruling, the CJEU extends the application of the clause to chartered fishing vessels, - a strict interpretation of the exclusivity clause.
However, other cases show that the scope and the implementation of the exclusivity clause in SFPAs remain irregular, differing often from an agreement to another.
The new CFFA paper reflects on the need to harmonize the exclusivity clause scope and implementation. It also extends the debate on other forms of EU fishing activities outside the scope of SFPAs, such as reflagging and joint ventures, which are not yet properly regulated by the EU.