THE POOR TREATMENT OF DORMANT FISHERIES AGREEMENTS IN REGULATION (EU) 2017/2403 ON THE SUSTAINABLE MANAGEMENT OF EXTERNAL FISHING FLEETS

This article analyses the harmful effects of the exclusivity clause on so-called dormant agreements, a relevant but unstudied legal problem that arises in the EU's fisheries treaty practice with third States. The paper focuses on the situation that appears when a fisheries agreement lacks an operational execution protocol for years but, because of the exclusivity clause of the treaty that continues in force, the EU external fleet cannot access the coastal third State's fisheries resources through another kind of legal arrangement such as a private license or a charter contract. The article reviews the scope and implications of this problem and criticices the unsatisfactory treatment of this issue included in new Regulation (EU) 2017/2403.