Environmental Engineering Reference
In-Depth Information
The guidelines place the responsibility on the certifying body to specify the
conditions under which certification may be suspended or withdrawn (paragraph
133). If a certification is withdrawn or suspended, the certifying body should require
that a certified fishery and/or chain of custody discontinues use of all advertising
matter that contains any reference thereto and returns any certification documents.
The certification body has also the responsibility of informing the public about the
withdrawal or suspension after the appeals process is exhausted (paragraph 134).
Assurance of the chain of custody is complex in fisheries because of the often
large number of fishing vessels, landing places, and localities of processing, market-
ing and distribution. In recognition of rapid technological progress in traceability,
the physical segregation of certified from non-certified fish and fishery products
was not considered to be an indispensable requirement in all instances, as had ini-
tially been proposed by the expert consultation. However, the guidelines provide
for detailed chain-of-custody requirements and monitoring and auditing procedures
by the certification body (paragraphs 135-140).
In recognition of the proliferation of unsubstantiated product claims and logos
in respect to fish and fishery products, the guidelines are very specific about the
responsibilities of the certification body, accreditation body or owner of the eco-
labelling scheme over the use and control of certification claim, symbol and logo.
They are required to ensure that symbols or logos should not relate to claims that
are of no relevance for sustainable fisheries or could cause barriers of trade or
mislead the consumer (paragraph 141). Only products from certified sources
can carry a mark/claim/logo (paragraph 142), no fraudulent or misleading use
can be made with their use and display (paragraph 143), and suitable action
must be taken to deal with incorrect references to the certification system or
misleading use of symbols and logos found in advertisements, catalogues, etc.
(paragraph 145).
Resolution of complaints and appeals
Within the procedural part of the guidelines, this section on the resolution of com-
plaints and appeals relating to certification has been intensely discussed in the
negotiation process. The Expert Consultation proposed to include in this section
an independent panel external to the ecolabelling scheme as an ultimate appellate
body. This panel would consider in the last instance appeals of a finding or decision
concerning the conformity assessment only, thus excluding the chain-of-custody
assessment, that would have been convened and serviced by FAO. All costs relating
to it would have had to be borne by the appellant.
The idea of the independent panel was derived as an added precaution to en-
sure independence in addressing complaints, particularly given the high proportion
of fish and fishery products internationally traded, the likelihood of cross-border
complaints and the often paramount role of governments in fisheries management.
Governments, as a general rule, do not like to be assessed by, and subject to decision
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