Our oceans are facing major threats, including overfishing, pollution, habitat loss, climate change, and biodiversity decline. With ocean ecosystems under increasing pressure, the European Union is stepping up efforts to combat overfishing. In a move that may reshape global seafood trade, the European Parliament on 9 July approved new rules that allow the EU to penalise third countries engaging in unsustainable fishing practices, even when these are technically legal. As the amended regulation has so far only been informally agreed upon with EU member states, the Council must still formally confirm its agreement before it enters into force.
The amendment builds on the EU IUU Regulation (Illegal, Unreported, and Unregulated Fishing) from 2008, which already allowed the EU to ban imports from countries not cooperating in the fight against illegal fishing. Additionally, the Common Fisheries Policy (CFP) enshrines sustainability as a guiding principle. The reform forms part of the EU's broader commitment to sustainable fisheries management and aligns with its Green Deal and Biodiversity Strategy 2030. It also supports efforts to achieve the 2030 UN Agenda for Sustainable Development Goals, particularly Goal 14 (Life Below Water).
The new rules significantly expand the grounds on which the EU can take action, including not only against IUU fishing but also against legal yet unsustainable practices, such as the overfishing of certain stocks or the failure to adopt science-based quotas. Under the new system, the EU can respond to a lack of sustainable management (even when technically lawful), failure to cooperate internationally (e.g. ignoring the decisions of Regional Fisheries Management Organisations), inaction on rebuilding overfished stocks, and the absence of effective monitoring, control, and surveillance systems.
The key idea behind the amendment is that if a non-EU country engages in unsustainable fishing practices, such as allowing overfishing or failing to monitor its fleets, the EU can launch investigations and, where necessary, apply trade-related sanctions, including import bans on seafood products. This gives the EU a broader and more preventive toolkit, enabling it to act before a full-blown ecological or market crisis emerges.
In terms of trade and business implications, seafood exporters to the EU will now face stricter scrutiny, especially major suppliers such as China, Vietnam, Thailand, Morocco, and certain Latin American countries. Exporters seeking access to the EU market will be compelled to align with responsible fishing practices, reinforcing the EU's role as a global sustainability driver. However, where import bans are imposed, stakeholders should anticipate price fluctuations, supply chain disruptions, and potential legal disputes, particularly for countries heavily reliant on seafood exports.
This new development is especially relevant for Malta, not only as an EU coastal state and trading hub but also as an advocate for sustainable ocean governance. Malta has a sizable fishing and aquaculture industry, particularly in tuna ranching. While tighter EU rules may disrupt supply chains, especially involving cheaper imports from non-EU countries, they could also enhance the traceability and sustainability credentials of Maltese seafood exporters and help boost consumer trust in EU-sourced fish products.
Malta's voice has been central in shaping the EU's new approach. The amendment was spearheaded by Maltese MEP Thomas Bajada (S&D), who served as rapporteur. Bajada emphasised that the move was crucial for defending European fishermen's livelihoods and marine resources. His leadership gives Malta a prominent role in advancing fair and sustainable fisheries management at the EU level.
Malta's commitment to ocean protection was further demonstrated by its recent ratification of the BBNJ Agreement (Biodiversity Beyond National Jurisdiction) on 9 June 2025 at the Third United Nations Ocean Conference in Nice, France. With that historic step, Malta became the 38th nation to fully endorse this landmark environmental treaty.
The BBNJ Agreement, also known as the High Seas Treaty, establishes a multilateral framework for managing marine genetic resources, area-based management tools (such as marine protected areas), environmental impact assessments (EIAs), and capacity-building and technology transfer. It fills critical gaps in the current international legal framework regarding the protection of marine biodiversity in areas beyond national jurisdiction. Notably, it is the only legal instrument enabling the creation of marine protected areas on the high seas. While 137 countries, including all EU member states, have signed the agreement, at least 60 ratifications are required for it to enter into force. At the time of publication, 51 states had ratified it. Accelerated ratification is crucial for the treaty to become binding international law in 2025.
There is a clear conceptual and strategic connection between the EU's new anti-overfishing trade rules and the BBNJ Agreement. While they are separate legal instruments, both aim to strengthen global ocean governance and sustainability, particularly in areas that require international cooperation. Both seek to protect marine ecosystems from overexploitation, promote precautionary and ecosystem-based fisheries management, and reinforce international accountability for sustainable ocean use. While the BBNJ Agreement sets binding global standards, the EU's trade rules act as a powerful enforcement tool, pressuring non-EU countries to adopt and uphold the same principles.
By ratifying the BBNJ and supporting the EU's trade-based enforcement measures, Malta positions itself as a champion of ocean governance, despite its small geographic size. This leadership role is consistent with Malta's legacy in international maritime law, as it was Maltese diplomat Arvid Pardo who played a pivotal role in the UN discussions that led to the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Today, Malta continues that legacy through active involvement in the blue economy and marine sustainability initiatives.
The amended EU regulation should be seen as part of a wider global effort to protect ocean ecosystems and promote responsible resource management. By strengthening its ability to act against non-sustainable fishing practices by non-EU countries, the EU reinforces its role as both a regulatory power and a sustainability leader. Crucially, these new rules reflect a broader geopolitical shift: the EU is increasingly using trade policy as a lever to promote high environmental and social standards globally. For Malta, this alignment between national leadership, EU-level action, and global cooperation presents not only responsibilities but also a chance to shape a more sustainable future for our seas.
Dr Lina Klesper is an International Legal Assistant at PKF Malta