This document is an excerpt from the EUR-Lex website
Document 52023PC0437
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the General Fisheries Commission for the Mediterranean and repealing Decision (EU) 2019/869
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the General Fisheries Commission for the Mediterranean and repealing Decision (EU) 2019/869
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the General Fisheries Commission for the Mediterranean and repealing Decision (EU) 2019/869
COM/2023/437 final
EUROPEAN COMMISSION
Brussels, 11.7.2023
COM(2023) 437 final
2023/0262(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the General Fisheries Commission for the Mediterranean and repealing Decision (EU) 2019/869
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns a Decision establishing the position to be taken on the behalf of the European Union at meetings of the General Fisheries Commission for the Mediterranean for the period 2024-2028 in connection with the envisaged adoption of conservation and management measures.
2.Context of the proposal
2.1.Agreement establishing the General Fisheries Commission for the Mediterranean
The Agreement establishing the General Fisheries Commission for the Mediterranean (‘the GFCM Agreement’) aims to ensure the conservation and sustainable use, in the biological, social, economic and environmental terms, of living marine resources, as well as the sustainable development of aquaculture in the area covered by the Agreement. The GFCM Agreement entered into force in 1952. Amendments to the GFCM Agreement were approved in 1963, 1976, 1997 and 2014.
The European Union is a contracting party to the GFCM Agreement, having accepted it under Council Decision 98/416/EC 1 . Bulgaria, Greece, Spain, France, Croatia, Italy, Cyprus, Malta, Romania and Slovenia are also contracting parties to the GFCM Agreement.
2.2.General Fisheries Commission for the Mediterranean
The General Fisheries Commission for the Mediterranean (GFCM) is the body established by the GFCM Agreement to ensure the conservation and sustainable use, in the biological, social, economic and environmental terms, of living marine resources, as well as the sustainable development of aquaculture in the Mediterranean, Black Sea, and connecting waters. It adopts conservation and management measures to manage the fishery resources for which it is responsible.
As a member of the GFCM, the EU is entitled to participate in, and vote on, its decisions. There is a declaration of EU competence for the GFCM Agreement. The EU exercises the voting rights of its Member States that are contracting parties: where the EU votes, no EU Member States vote and vice-versa. The GFCM takes its decisions by two-thirds majority of GFCM members present and voting.
2.3.GFCM decisions
The GFCM has the authority to adopt conservation and management measures for the fisheries for which it is responsible, which are binding on the contracting parties.
In accordance with Article 13.3 of the GFCM Agreement, the measures enter into force 120 days after the date on which the contracting parties are notified of them by the GFCM. Contracting parties that object to measures adopted by the GFCM within 120 days from the date of the notification are not bound by that measure. Where more than one third of the contracting parties submit an objection, the other contracting parties are not obliged to implement the contested measure.
3.Position to be taken on the EU’s behalf
The position to be adopted on behalf of the EU at the annual meetings of regional fisheries management organisations (RFMOs) is currently established according to a two‑tier approach. A Council Decision will set out the guiding principles of the EU’s position on a multiannual basis and it is subsequently adjusted for each annual meeting by Commission services non-papers to be endorsed in the Council.
For the GFCM, this approach is implemented by Council Decision (EU) 2019/869 of 14 May 2019, which sets out the EU’s position in the GFCM for the period 2019-2023. The Decision contains general principles but also takes into account as far as possible the specific features of the GFCM. In addition, it sets out the standard process for establishing the EU’s position year by year, as requested by Member States.
Council Decision (EU) 2019/869 incorporated the principles of the new common fisheries policy, as laid down in Regulation (EU) No 1380/2013 of the European Parliament and of the Council 2 , also taking into account the objectives set out in the Commission Communication on the external dimension of the common fisheries policy 3 . Moreover, it adjusted the EU’s position to the Treaty of Lisbon.
Council Decision (EU) 2019/869 provides for an assessment, and where appropriate, a revision of the EU’s position before the 2024 annual meeting. Therefore, this proposal sets out the EU’s position in the GFCM for the period 2024‑2028, thereby replacing Council Decision (EU) 2019/869.
The current proposal takes account, in connection with fishing, the European Green Deal, notably Biodiversity 4 , Climate Adaptation 5 and Farm to Fork Strategies 6 . It also takes into account the Plastics Strategy 7 and the Zero pollution Action Plan 8 . Furthermore, it also takes into consideration, the International Ocean Governance Joint Communication 9 .
The current revision also takes into account the commitments made by the EU at international level on the Mediterranean and the Black Sea in the Malta MedFish4Ever Ministerial Declaration 10 , the Sofia Ministerial Declaration 11 and the GFCM 2030 Strategy for sustainable fisheries and aquaculture in the Mediterranean and the Black Sea 12 .
4.Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the EU’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
‘Acts having legal effects’ include acts that have legal effects by virtue of the rules of international law governing the body in question, and instruments that do not have a binding effect under international law, but are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 13 .
4.1.2.Application to the present case
The GFCM is the body set up by an agreement, namely the GFCM Agreement.
The acts that the GFCM is called upon to adopt constitute acts having legal effects. The envisaged acts are to be binding under international law in accordance with Article 13 of the GFCM Agreement and are capable of decisively influencing the content of EU legislation, including:
Council Regulation (EC) No 1005/2008 establishing a Community System to prevent, deter and eliminate illegal, unreported and unregulated fishing 14 ;
Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy 15 ; and
Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets 16 .
The envisaged acts do not supplement or amend the institutional framework of the GFCM Agreement.
Therefore, the procedural legal basis for the proposed Decision is Article 218(9) TFEU.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a Decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the EU’s behalf. If that act pursues two aims or has two components, and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the Decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
4.2.2.Application to the present case
The main objective and content of the envisaged act relate to fisheries. The legal basis setting out the principles to be reflected in this position is Regulation (EU) No 1380/2013.
Therefore, the substantive legal basis of the proposed Decision is Article 43(2) TFEU. The Decision will replace Council Decision (EU) 2019/869, which covers the period 2019-2023.
4.3.Conclusion
The legal basis of the proposed Decision should be Article 43(2) TFEU, in conjunction with Article 218(9) TFEU.
2023/0262 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the General Fisheries Commission for the Mediterranean and repealing Decision (EU) 2019/869
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)By Council Decision 98/416/EC 17 the Union concluded the Agreement establishing the General Fisheries Commission for the Mediterranean (‘GFCM Agreement’). Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Romania, Slovenia and Spain are also Contracting Parties to the GFCM Agreement.
(2)The General Fisheries Commission for the Mediterranean (‘GFCM’) adopts measures to ensure the long-term conservation and sustainable use of the fishery resources and the sustainable development of aquaculture in the GFCM Agreement area. Such measures may become binding upon the Union.
(3)Regulation (EU) No 1380/2013 of the European Parliament and of the Council 18 provides that the Union is to 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 Union is to apply the precautionary approach to fisheries management and is to aim to ensure that exploitation of living marine biological resources restores and maintains the population of harvested species above levels, which can produce the maximum sustainable yield. It further provides that the Union is to take management and conservation measures based on best available scientific advice, to support the development of scientific knowledge and advice, to gradually eliminate discards and to promote fishing methods that contribute to more selective fishing and the avoidance and reduction, as far as possible, of unwanted catches, to fishing with low impact on marine ecosystem and fishery resources. Besides, Regulation (EU) No 1380/2013 specifically provides that those objectives and principles are to be applied by the Union in the conduct of its external fisheries relations.
(4)In line with the Biodiversity 19 , Climate Adaptation 20 and Farm to Fork Strategies 21 , it is essential to protect nature and reverse the degradation of ecosystems. The risks stemming from climate change and loss of biodiversity must not jeopardise the availability of the goods and services that healthy marine ecosystems provide to fishers, coastal communities and humanity at large.
(5)The Plastics Strategy 22 refers to specific measures to reduce plastics and marine pollution as well as the loss or abandonment at sea of fishing gear. Furthermore, the Zero pollution Action Plan 23 aims at reducing by 50% plastic litter at sea and by 30% micro-plastics released into the environment.
(6)Under the International Ocean Governance Joint Communication 24 , marine biodiversity protection and conservation are key priorities under the EU’s external action The EU is the most prominent actor in Regional Fisheries Management Organisations (RFMOs) and fisheries bodies worldwide. There, the EU promotes the sustainability of fish stocks, promotes transparent decision-making based on sound scientific advice, enhances scientific research, and strengthens compliance.
(7)As stated in the conclusions of the Ministerial Conference on the Sustainability of Mediterranean Fisheries, which adopted the Malta MedFish4Ever Ministerial Declaration on 30 March 2017 and of the High Level Conference on Black Sea Fisheries and Aquaculture, which adopted the Sofia Ministerial Declaration on 7 June 2018, the promotion of measures to support and enhance data collection and scientific evaluation, ecosystem based fisheries management, a culture of compliance to eliminate illegal, unreported and unregulated fishing, sustainable small scale fisheries and aquaculture, greater solidarity and coordination, is central to the Union's action in the GFCM.
(8)The GFCM 2030 Strategy for the sustainable fisheries and aquaculture in the Mediterranean and the Black Sea 25 , adopted in 2021, integrates and further develops the commitments and priorities of previous Ministerial Declarations, while focusing also on actions to better address increased challenges, such as climate change, non-indigenous species, pollution in all its forms and the need to reduce and mitigate discards and incidental catches of vulnerable species.
(9)It is appropriate to establish the position to be taken on the Union's behalf in the meetings of the GFCM for the period 2024-2028, as the GFCM conservation and management measures may be binding on the Union and capable of decisively influencing the content of Union law, namely, Regulation (EU) 2017/2403 of the European Parliament and of the Council 26 , Council Regulation (EC) No 1005/2008 27 and Council Regulation (EC) No 1224/2009 28 .
(10)Currently, the position to be taken on the Union’s behalf in the meetings of the GFCM is established by Council Decision (EU) 2019/869 29 . It is appropriate to repeal that Decision and establish a new Decision for the period 2024-2028.
(11)In view of the evolving nature of fishery resources in the GFCM Agreement area and the consequent need for the Union’s position to take account of new developments, including new scientific and other relevant information presented before or during the meetings of the GFCM, procedures should be established for the year-to-year specification of the Union’s position for the period 2024-2028. Those positions should be in line with the principle of sincere cooperation among the Union institutions enshrined in Article 13(2) of the Treaty on the European Union.
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union's behalf in the meetings of the General Fisheries Commission for the Mediterranean (GFCM) is set out in Annex I of this Decision.
Article 2
The year-to-year specification of the Union's position to be taken in the meetings of the GFCM shall be conducted in accordance with Annex II.
Article 3
The Union's 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 GFMC in 2029.
Article 4
Decision (EU) 2019/869 is repealed.
Article 5
This Decision is addressed to the Commission.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 11.7.2023
COM(2023) 437 final
ANNEXES
to the
Proposal for a Council Decision
on the position to be taken on behalf of the European Union in the General Fisheries Commission for the Mediterranean and repealing Decision (EU) 2019/869
ANNEX I
The position to be taken on the Union’s behalf in the General Fisheries Commission for the Mediterranean (GFCM)
1.PRINCIPLES
In the framework of the GFCM, the Union shall:
(a)ensure that measures adopted within the GFCM are consistent with international law, and in particular with the provisions of the 1982 UN Convention on the Law of the Sea, the 1995 UN Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the 1993 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;
(b)aim to implement the actions and commitments set forth in the MedFish4Ever Ministerial Declaration signed in Malta on 30 March 2017 and in the Sofia Ministerial Declaration signed on 7 June 2018, which are intended in particular to enhance data collection and scientific evaluation, establish an ecosystem-based fisheries management framework, develop a culture of compliance and eliminating illegal, unreported and unregulated fishing, support sustainable small-scale fisheries and aquaculture and ensure greater solidarity and coordination in the Mediterranean;
(c)promote the objectives of the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) and at the 15th Conference of the Parties to the Convention on Biological Diversity (COP 15), in particular as regards stepping up the protection of marine biodiversity and the protection of 30 % of the world’s ocean through marine protected areas;
(d)contribute to the implementation of the European Green Deal, including the Biodiversity and Climate Adaptation Strategies, notably concerning the protection of nature, and Farm to Fork strategies, and a stronger Europe in the world;
(e)pursue the objectives of the Plastics Strategy and the Zero pollution Action plan, notably the reduction of plastics and marine pollution;
(f)act 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, to avoid and reduce, as far as possible, unwanted catches, and gradually eliminate discards, and to minimise the impact of fishing activities on marine ecosystems and their habitats, 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;
(g)be in line with the Council Conclusions of 19 March 2012 on the Commission Communication on the external dimension of the common fisheries policy 1 ;
(h)be in line with the objectives of the Joint Communication on the EU’s International Ocean Governance agenda regarding marine biodiversity conservation, as well as the Council conclusions on that Joint communication;
(i)work towards an appropriate involvement of stakeholders in the preparation phase for GFCM measures and ensure that measures adopted within the GFCM are in accordance with the objectives of the GFCM Convention;
(j)promote positions consistent with the best practices of regional fisheries management organisations (RFMOs);
(k)seek consistency and 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 the field of external relations, environment, trade, development, research and innovation;
(l)aim to create a level playing field for the Union fleet within the GFCM Convention Area based on the same principles and standards as those applicable under Union law, and to promote the uniform implementation of those principles and standards;
(m)promote coordination between the GFCM, other existing RFMOs and regional sea conventions (RSCs) and cooperation with global organisations, as applicable, within their mandates, where appropriate;
(n)promote cooperation mechanisms amongst non-tuna RFMOs similar to the so-called Kobe process for tuna RFMOs.
2.ORIENTATIONS
The Union shall, where appropriate, endeavour to support the adoption of the following actions by the GFCM in line with its 2030 Strategy:
(a)measures to promote the conservation and full restoration of biodiversity, the sustainability of the stocks, and the integration of climate change and non-indigenous species related considerations in the decision-making process, including by integrating adequate mitigation and adaptation measures within management plans;
(b)conservation and management measures for fisheries resources in the GFCM Convention area based on the best scientific advice available, including Total Allowable Catches and quotas or effort regulation in fisheries harvesting living marine biological resources regulated by the GFCM, which would achieve the maximum sustainable yield. Where necessary, those conservation and management measures shall include specific measures for stocks, which suffer from overfishing to keep the fishing effort and capacity in line with available fishing opportunities; in the light of Article 29 of the CFP, in the event that multi-annual plans for some stock or group of stocks in the Mediterranean have been adopted at EU level, they should be taken into account where they relate to the implementation of the objective of reaching maximum sustainable yield as laid down in Article 2(2) of Regulation (EU) No 1380/2013;
(c)measures to promote data collection, scientific research and science-based management decisions, the strengthening of its compliance committee, a culture of compliance and periodical independent performance reviews; as well as promote better cooperation between the industry and scientists;
(d)measures to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing activities in the Convention area, including IUU vessel listing and cross-listing with other RFMOs, and measures to promote the traceability of fish and fishery products based on the Voluntary Guidelines for Catch Documentation Schemes;
(e)monitoring, control and surveillance measures in the Convention area in order to ensure efficiency of control and compliance with measures adopted within the GFCM;
(f)measures to minimise the negative impact of fishing activities and aquaculture on marine biodiversity and marine ecosystems and their habitats, including protective measures for vulnerable marine ecosystems and essential fish habitats in the GFCM Convention area in line with the GFCM Convention and the FAO International Guidelines for the Management of Deep-sea Fisheries in the High Seas, measures to avoid and reduce as far as possible unwanted catches, including in particular vulnerable marine species, and to gradually eliminate discards;
(g)measures to reduce marine pollution and prevent the discharge of plastics at sea and reduce the impact on marine biodiversity and ecosystems of plastics present at sea, including measures to reduce the impact of Abandoned, Lost or Otherwise Discarded Fishing Gear (ALDFG) in the ocean and to facilitate the identification and recovery of such gear based on the FAO Voluntary Guidelines on the Marking of Fishing Gear;
(h)measures aimed at the prohibition of fisheries conducted solely for the purpose of harvesting shark fins and requiring that all sharks are landed with each fin naturally attached;
(i)actions that promote the development of sustainable aquaculture in line with relevant Union law;
(j)recommendations, where appropriate and to the extent permitted under the relevant constituent documents, encouraging the implementation of the Work in Fishing Convention of the International Labour Organisation (ILO);
(k)common approaches with other RFMOs, where appropriate, in particular those involved in fisheries management in the same region;
(l)additional technical measures based on advice from the subsidiary bodies and working groups of the GFCM;
(m)measures in accordance with the commitments of the MedFish4Ever Ministerial Declaration and the Sofia Ministerial Declaration.
ANNEX II
Year to year specification of the Union’s position to be taken
at meetings of the General Fisheries Commission for the Mediterranean
Before each meeting of the GFCM, when that body is called upon to adopt decisions having legal effects on the Union, the necessary steps shall be taken so that the position to be expressed on the Union's behalf takes account of the latest scientific and other relevant information transmitted to the Commission, in accordance with the principles and orientations set out in Annex I.
To this effect, and based on that information, the Commission shall transmit to the Council, or to its preparatory bodies, in sufficient time before each meeting of the GFCM, a written document setting out the particulars of the proposed specification of the Union’s position for discussion and endorsement of the details of the position to be expressed on the Union's behalf.
If in the course of a GFCM meeting it is impossible to reach an agreement, including on the spot, the matter shall be referred to the Council or its preparatory bodies in order for the Union’s position to take account of new elements.