The European Commission yesterday warned Malta that it has no choice but to observe all the rules it has already agreed to with regard to the 15-year recovery plan for blue fin tuna fishing in the Mediterranean.

Reacting strongly to comments made last week by Maltese fishermen, Brussels warned that Malta will face legal proceedings and possible fines if it allows its fishermen not to observe the rules.

Speaking to The Times, a Commission spokesman said the new rules, to enter into force as from the coming season, will apply equally to all fishermen in the Mediterranean, including those from non-EU members such as Libya. The new measures include the presence of observers on fishing boats and also surprise inspections to ensure no over-fishing occurs.

The Cooperative of Maltese Fishermen last week objected to the rules, particularly to the presence of observers on boats claiming "discrimination" and "a threat to their livelihood".

However, the Commission's spokesman dismissed the claims and said that "rules are there to be observed by all fishermen, including Malta's".

The new rules are part and parcel of a 15-year recovery plan agreed in November 2006 within the International Commission for the Conservation of Atlantic Tuna (ICCAT), aimed at reducing the fishing effort on tuna stocks in the Mediterranean. According to scientific evidence these are close to collapse if no immediate measures are taken to limit over-fishing.

European Fisheries Commissioner Joe Borg told The Times the plan's aim is to protect the livelihood of fishermen.

"The blue fin tuna recovery plan rules that were agreed to at ICCAT are necessary not only to ensure the sustainability of the stock but also to safeguard the livelihood of the fishermen who depend on it. It is in the interest of all fishermen to respect the terms of the recovery plan because respect of the rules provides the only assurance that the fishery they have a stake in is properly controlled and will be able to sustain them in the future," he said.

According to the EU executive, the new measures are applicable to all ICCAT contracting parties, which, in addition to the seven EU member states fishing for tuna, include more than 40 ICCAT member states mainly from the Mediterranean, the north and central Atlantic and Asia. Libya is also part of the agreement.

The rules cover all stages of the blue fin tuna fishery activities from the net to the plate.

Responding directly to the issue raised by Maltese fishermen on the presence of observers and on whether these will also cover fishing in Libyan waters, the Commission said the rules apply to all ICCAT parties including the EU and Libya.

"The same rule applies to all ICCAT members whether they be in the EU or not. Observers are required on board 20 per cent of purse seiners of 15 metres or above. In the case of vessels engaged in joint operations with a non-EU country, say, Libya, there must be an observer on each vessel concerned."

The Commission said that before a member state can authorise any of its vessels to engage in joint fishing activities (for example Malta-Libya) it must have the green light from the Commission on the basis of information that it will have submitted to Brussels on the various requirements including the provision for an observer on board.

"These rules, of course, apply to all the member states equally and any member states not enforcing such rules would be in breach of its obligations," the spokesman said.

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