EUROPEAN COMMISSION

Brussels, 8.5.2017

COM(2017) 216 final

2017/0093(NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be adopted, on behalf of the European Union, in the South Pacific Regional Fisheries Management Organisation (SPRFMO) and repealing Decision 14405/12

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

By Council Decision 2012/130/EU 1 , the Union approved the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (the Convention), which established the South Pacific Regional Fisheries Management Organisation (SPRFMO). Within the SPRFMO, the Commission of the South Pacific Regional Fisheries Management Organisation (the SPRFMO Commission) is responsible for the adoption of measures designed to ensure the long-term conservation and sustainable use of the fishery resources in the SPRFMO Convention Area and to safeguard the marine eco-systems in which these resources occur. Such measures may become binding upon the Union.

The position to be adopted on behalf of the Union in Regional Fisheries Management Organisations (RFMOs) is currently established according to a two tier approach. A Council Decision sets out the guiding principles and orientations of the Union's position on a multiannual basis, whereas it is thereafter adjusted for each annual meeting by Commission non-papers to be discussed in the Council Working Party.

As regards the SPRFMO, Council Decision 14405/12 of 5 October 2012 provides for a review of the Union's position before the 2017 annual meeting. Therefore, this proposal aims at setting out the Union's position within SPRFMO for the period 2017-2021 and thereby replacing Council Decision 14405/12 of 5 October 2012, which is covering the period 2012-2016.

•Consistency with existing policy provisions in the policy area

This revision aims at incorporating the principles and orientations of the new Common Fisheries Policy (CFP) as laid down in Regulation (EU) No 1380/2013 of the European Parliament and of the Council 2 , taking also into account the objectives of the Commission Communication on the external dimension of the CFP 3 . Moreover, the Union's position has been adjusted to the Lisbon Treaty.

As it is the case for the current one, the following position contains general principles and orientations; however it takes into account to the extent possible the specificities of the SPRFMO. In addition, the standard process for the year to year specification of the Union position has been incorporated as requested by Member States

•Consistency with other Union policies

N/A

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The following Decision is based on the Treaty on the Functioning of the European Union, and in particular Article 43(2), in conjunction with Article 218(9) which provides that the Council, on a proposal from the Commission shall adopt a decision establishing the positions to be adopted on the Union's behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects. This shall apply to the position to be adopted by the Commission, on behalf of the Union, in the SPRFMO.

Regulation (EU) No 1380/2013 of the European Parliament and of the Council is the legal basis setting up the principles to be reflected in this position.

The following Decision shall replace Council Decision 14405/12 which is covering the period 2012-2016, and shall cover the period 2017-2021.

•Subsidiarity (for non-exclusive competence)

N/A

•Proportionality

N/A

•Choice of the instrument

Pursuant to Article 218(9) of the Treaty on the Functioning of the European Union, the position to be adopted on behalf of the Union in Regional Fisheries Management Organisations (RFMOs) when they are called upon to adopt acts having legal effects, with the exception of acts supplementing or amending their institutional framework, must be adopted by Council Decision, on a proposal from the Commission.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

N/A

•Stakeholder consultations

N/A

•Collection and use of expertise

N/A

•Impact assessment

N/A

•Regulatory fitness and simplification

N/A

•Fundamental rights

N/A

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•Explanatory documents (for directives)

•Detailed explanation of the specific provisions of the proposal

2017/0093 (NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be adopted, on behalf of the European Union, in the South Pacific Regional Fisheries Management Organisation (SPRFMO) and repealing Decision 14405/12

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)Article 38 of the Treaty on the Functioning of the European Union, in conjunction with Article 39(1)(d) thereof, provides that one of the objectives of the Common Fisheries Policy is to assure the availability of supplies.

(2)Article 2 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council 4 provides that the Common Fisheries Policy shall ensure that fishing and aquaculture activities are environmentally sustainable in the long-term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies. It also provides that the Common Fisheries Policy shall apply the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains population of harvested species above levels which can produce the maximum sustainable yield. It also provides that the Union shall aim to take management and conservation measures based on best available scientific advice, to promote fishing methods that contribute to more selective fishing and the avoidance and reduction, as far as possible, of unwanted catches, to fish with low impact on the marine ecosystem and fishery resources and to gradually eliminate discards. Besides, Article 28 of Regulation (EU) No 1380/2013 specifically provides that these principles shall be applied by the Union in its external policy.

(3)By Council Decision 2012/130/EU 5 the Union concluded the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (the SPRFMO Convention), which established the South Pacific Regional Fisheries Management Organisation (SPRFMO). Within the SPRFMO, the Commission of the SPRFMO (the SPRFMO Commission) is responsible for the adoption of measures designed to ensure the long-term conservation and sustainable use of fishery resources through the application of the precautionary approach and an ecosystem approach to fisheries management, and, in so doing, to safeguard the marine ecosystems in which these resources occur. Such measures are to become binding upon the Union.

(4)On 5 October 2012, the Council adopted Decision 14405/12 on the establishment of the Union position to be adopted in the South Pacific Regional Fisheries Management Organisation (SPRFMO).

(5)Decision 14405/12 provides that the position established therein is to be reviewed at the latest for the annual Meeting of the SPRFMO Commission in 2017. It is therefore appropriate to repeal Decision 14405/12 and to replace it by a new Decision.

(6)In view of the evolving nature of fishery resources in the Convention Area and the consequent need for the position of the Union to take account of new developments, including new statistical, biological and other information presented before or during the annual Meeting of the SPRFMO Commission, procedures must be established, in line with the principle of sincere cooperation among the Union institutions enshrined in Article 13(2) TEU, for the year-to-year specification of the Union position.

(7)The Commission, in accordance with Articles 218 and 3(1) TFEU, represents the EU in the annual Meeting of the SPRFMO Commission. Therefore, this Decision is addressed to the Commission.

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union in the annual Meeting of the SPRFMO Commission, when that body is called upon to adopt decisions having legal effects, is set out in Annex I.

Article 2

The year-to-year specification of the Union position to be taken in the annual Meeting of the SPRFMO Commission shall be established in accordance with Annex II.

Article 3

The Union position set out in Annex I shall be assessed and, where appropriate, revised by the Council upon a proposal from the Commission, at the latest for the annual Meeting of the SPRFMO Commission in 2022.

Article 4

Decision 14405/12 is repealed.

Article 5

This Decision is addressed to the European Commission.

Done at Brussels,

(1) OJ L 67 of 6.3.2012, p. 1.

(2) Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council decision 2004/585/EC (OJ L 354 of 28.12.2013, p.22).

(3) COM(2011) 424 of 13.7.2011.

(4)

   Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council decision 2004/585/EC (OJ L 354 of 28.12.2013, p.22).

(5)

   Council Decision 2012/130/EU of 3 October 2011 on the approval, on behalf of the European Union, of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (OJ L 67 of 6.3.2012, p. 1).

EUROPEAN COMMISSION

Brussels, 8.5.2017

COM(2017) 216 final

ANNEXES

to the

Proposal for a
COUNCIL DECISION

establishing the position to be adopted, on behalf of the European Union, in the South Pacific Regional Fisheries Management Organisation (SPRFMO) and repealing Decision 14405/12

ANNEX I

The Union position in the Commission of the South Pacific Regional Fisheries Management Organisation

(1)Principles

In the framework of the SPRFMO, the Union shall:

a)    ensure that measures adopted within the SPRFMO are in accordance with the objectives and principles pursued by the Union within the Common Fisheries Policy, notably through the precautionary approach and the aims related to the maximum sustainable yield as laid down in Article 2(2) of Regulation (EU) No 1380/2013, to promote the implementation of an ecosystem-based approach to fisheries management and limiting environmental impacts of fishing activities, to avoid and reduce as far as possible unwanted catches, and gradually eliminate discards, and to minimise the impact of fishing activities on marine eco-systems, as well as, through the promotion of economically viable and competitive Union fisheries, to provide a fair standard of living for those who depend on fishing activities and taking account of the interests of consumers;

b)    ensure that measures adopted within the SPRFMO are in accordance with the objectives of the SPRFMO Convention;

c)    ensure that measures adopted within the SPRFMO are consistent with international law, and in particular with the provisions of the UN Convention on the Law of the Sea, the UN Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas and the 2009 Food and Agriculture Organization Port State Measures Agreement;

d)    promote positions consistent with those taken within other Regional Fisheries Management Organisations and, where applicable, with Regional Sea Conventions in the same area;

e)    seek synergy with the policy that the Union is pursuing as part of its bilateral fisheries relations with third countries, and ensure coherence with its other policies notably in external relations, environment, trade, development, research and innovation and others;

f)    ensure that the Union's international commitments are respected;

g)    follow the Council Conclusions of 19 March 2012 on a Communication on the External dimension of the Common Fisheries Policy 1 ;

h)    aim to create a level playing field for the Union fleet within the Convention area based on the same principles and standards as those applicable under Union law, and to promote the uniform implementation of resolutions and recommendations.

(2)Orientations

The Union shall, where appropriate, endeavour to support the adoption of the following actions by the SPRFMO:

a)    conservation and management measures for fisheries resources in the SPRFMO Convention Area based on the best scientific advice available, including total allowable catches (TACs) and quotas or effort regulation for species regulated by the SPRFMO, which would bring or maintain the production to the maximum sustainable yield based on Harvest Control Rules (HCRs) on a progressive incremental basis at the latest by 2020;

b)     where necessary, specific measures for stocks which suffer from overfishing in order to keep the fishing effort in line with available fishing opportunities, as well as complementary measures concerning deep-sea fish stocks as resources particularly vulnerable to over-fishing;

c)    measures to reinforce fisheries' scientific data collection and promote better cooperation between the industry and scientists;

d)    measures to prevent, deter and eliminate IUU fishing activities in the SPRFMO Convention area, including IUU listing and Port State Measures;

e)    monitoring, control and surveillance measures in the SPRFMO Convention Area in order to ensure efficiency of control and compliance with measures adopted within the SPRFMO, including the implementation of a SPRFMO Vessel Monitoring System;

f)    measures to minimize the negative impact of fishing activities on marine biodiversity, including seabirds, and protective measures for vulnerable marine ecosystems (VMEs), including identification of new of potential VMEs, in the SPRFMO Convention Area in line with United Nations General Assembly Resolutions, and marine eco-systems, comprising measures to avoid and reduce as far as possible unwanted catches, including catches of ecologically related species, and gradually eliminate discards;

g)    measures aimed at the prohibition of fisheries conducted solely for the purpose of harvesting shark fins and, to require that all sharks be landed with each fin naturally attached;

h)    development of common approaches with other Regional Fisheries Management Organisations involved in the management of fisheries in the SPRFMO;

i)    contribute to the establishment of an observer programme by developing and contributing to the drafting of the relevant observation scheme;

j)    supporting the undertaking of regular reviews to assess the performance of the SPRFMO in due time and the implementation of its recommendations;

k)    measures to ensure over the medium-term a more balanced redistribution of the SPRFMO budget;

l)    additional technical measures based on advice from subsidiary bodies of the SPRFMO.

ANNEX II

Year to year specification of the Union position to be taken

at the annual meeting of the Commission of the South Pacific Regional Fisheries Management Organisation  

Before each annual Meeting of the SPRFMO Commission, the necessary steps shall be taken to ensure that the position to be expressed on the Union's behalf takes account of the latest statistical, biological and other relevant information transmitted to the European Commission, in accordance with the principles and orientations set out in Annex I.

To this effect and based on that information, the European Commission shall transmit to the Council or to its preparatory bodies in sufficient time before each annual meeting of the SPRFMO Commission a written document setting out the particulars of the proposed specification of the Union position for discussion and endorsement.

If, in the course of further meetings, including on the spot, it is impossible to reach an agreement in order for the Union position to take account of new elements, the matter shall be referred to the Council or its preparatory bodies.

(1) cf. doc. 7086/12 PECHE 66