The Dutch Administrative Court Upholds NVWA’s Decision on Overfishing Oversight Despite Appeals from Environmental Groups
The Administrative Court in The Hague has rejected appeals from environmental organizations, including the Low Impact Fishers of Europe (LIFE) and ClientEarth. These organizations sought additional checks and enforcement measures against overfishing by the Dutch Food and Consumer Product Safety Authority (NVWA).
The appeals contested the decision of the Minister of Agriculture, Nature, and Food Quality, who supervises the NVWA.
Allegations of Negligence in Overfishing Monitoring ClientEarth and LIFE argued that the NVWA was negligent in monitoring and preventing overfishing in Europe. Their concerns resulted in an enforcement request submitted in 2021, which the minister rejected. The rejection cited the lack of specificity in identifying the targeted violation, emphasizing that enforcement requests cannot solely advocate for policy changes or enhanced oversight.
Minister’s Decision and Subsequent Appeal The minister deemed LIFE’s objections non-receivable, asserting that they did not qualify as stakeholders. Similarly, ClientEarth’s appeal was dismissed due to the broad and non-specific nature of their enforcement request, lacking grounds for an investigation into specific violations.
Discontent with the minister’s decision, both LIFE and ClientEarth appealed to the administrative court.
Court Verdict The court upheld the minister’s assessment of ClientEarth’s enforcement request, supporting the decision to declare it non-receivable due to its lack of specificity. The court emphasized that the request addressed irregularities across the entire fishing sector rather than a specific company’s violation. It clarified that concerns about the minister’s overall effectiveness in combating overfishing fall under the jurisdiction of the civil court, not the administrative court.
Additionally, the court affirmed the minister’s ruling that LIFE’s objection was non-receivable as they were not considered stakeholders. To be recognized as a stakeholder, a society must demonstrate that its goals, outlined in its statutes, are directly affected by the decision. The court determined that LIFE’s vision of promoting healthy seas with small-scale fishermen controlling their future did not align closely enough with the specifics of the submitted enforcement request related to Dutch fishing regulations.
