According to ClientEarth, the Commission is violating EU and international law by failing to share reports on breaches

EU Court Upholds Secrecy on Member States’ Breaches of Fisheries Laws

In a setback for transparency and marine conservation, the Court of Justice of the European Union has ruled that key information regarding the enforcement of EU fisheries laws by member states can remain confidential, as reported by Eureporter.

This ruling marks the final stage of a case brought by ClientEarth against the European Commission, which had refused to grant the NGO access to critical audit reports revealing failures by France and Denmark to control illegal fishing activities in violation of EU fisheries regulations.

Audit reports are essential tools for assessing whether countries are effectively implementing EU fisheries laws. They also serve as a foundation for follow-up actions, including infringement procedures by the Commission against member states that breach EU law. However, access to these reports is limited to a few officials, leaving Members of the European Parliament (MEPs) and civil society in the dark about the enforcement of these laws.

Anne Friel, a senior lawyer at ClientEarth, expressed her disappointment with the judgment: “We are very disappointed by this ruling, which highlights that people and NGOs are being deprived of their basic rights—knowing whether member states are actually complying with the laws designed to protect them and the environment, and what the Commission is doing about it. This decision means that illegal fishing can remain concealed and go unpunished, while civil society is prevented from effectively participating in decision-making on the Common Fisheries Policy. Ultimately, it leaves our oceans vulnerable to abuse.”

The ruling comes at a time when the Commission has set ambitious priorities for its next mandate, including the Ocean Pact and a focus on implementing the EU Green Deal. However, the Commission has also recently abandoned legal actions against member states that have failed to enforce the fish discard ban, without explanation, despite ongoing allegations of non-compliance by several countries.

Friel added: “With the Ocean Pact, Ursula von der Leyen has raised high hopes for the future of our planet. But to be consistent, she must deliver on her promise to enhance the implementation of EU environmental laws.

“The enforcement of EU environmental laws is a matter of public interest, and increasing transparency is vital to allow citizens to participate in environmental decision-making and hold the Commission accountable for its enforcement actions, especially in areas like fisheries, which are notoriously difficult to monitor.”

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