FAO Guidelines for Ecolabelling in Wild-Capture Fisheries - SEAFOOD Ecolabelling: Principles and Practice - page 79

making through, non-governmental entities, especially on a matter as complex and
controversial as fisheries management.
There was no unanimous support for the inclusion of an independent panel in the
FAO guidelines. Several countries felt that possible recourse to other forms of legal
and administrative processes as provided for in national legislation or international
law would provide adequate safeguards to seek redress in the case of flawed rulings
within the ecolabelling scheme's internal complaint and appeal procedures. Other
countries expressed a strong desire for an independent panel, probably because of
concerns about access to other systems of ruling, e.g. the courts, and timely rulings.
However, after careful examination and review of past practices, it became ev-
ident that FAO's envisaged role in servicing such an independent panel would be
in conflict with the organisation's basic text. While FAO's basic text foresees the
convening of expert panels, their constitutional purpose, as evidenced also by past
practice, is to provide advice to the Director-General on specific subjects. The in-
dependent panel, on the other hand, is an appellate body whose purpose is of a
judicial nature and not to give advice to the Director-General.

3.4 Conclusions

In the area of ecolabelling, the FAO guidelines for wild-capture fisheries are a
unique voluntary international instrument that establishes minimum standards in
procedural and substantive terms. The guidelines can help to prevent the prolifera-
tion of non-credible ecolabels, contribute to the creation of an equal playing field
by recognising the special conditions and requirements of fisheries in developing
countries and countries in transition, provide clarity on equivalence of ecolabelling
schemes and non-discrimination, avoid unnecessary barriers to trade and establish
the legitimacy of ecolabelling applied to fisheries.
Time will show whether the guidelines will succeed in all these aspects. One area
of special attention for FAO will be the promotion of participation of small-scale
fisheries of developing countries in ecolabelling schemes. These fisheries support
millions of fishers and contribute directly and significantly to poverty alleviation
and food security. The sustainability of these fisheries is critical for maintaining
and enhancing the contribution of fisheries to national well-being.

References

Cochrane, K. & Willmann, R. (2000) Eco-labelling in fisheries management. In: M.H.
Nordquist & J.N. Moore (Eds) Current Fisheries Issues and the Food and Agriculture
Organization of the United Nations , pp. 583-615. Martinus Nijhoff Publishers, The
Hague/Boston/London.