EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 52023PC0404
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at meetings of the Parties to the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and repealing Decision (EU) 2020/1582
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at meetings of the Parties to the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and repealing Decision (EU) 2020/1582
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at meetings of the Parties to the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and repealing Decision (EU) 2020/1582
COM/2023/404 final
EUROPEAN COMMISSION
Brussels, 11.7.2023
COM(2023) 404 final
2023/0281(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union at meetings of the Parties to the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and repealing Decision (EU) 2020/1582
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns the Decision establishing the position to be taken on the EU’s behalf at meetings of the Parties to the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean for the period 2024-2028, in connection with the envisaged adoption of conservation and management measures.
2.Context of the proposal
2.1.The Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean
The Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (‘the Agreement’) aims to prevent unregulated fishing in the high seas portion of the Central Arctic Ocean by applying precautionary conservation and management measures as part of a long-term strategy to safeguard healthy marine ecosystems and to ensure the conservation and sustainable use of fish stocks. The Agreement entered into force on 25 June 2021.
The EU is a party to the Agreement 1 .
2.2.The meeting of the Parties
The meeting of the Parties is the decision-making body under the Agreement, which shall meet every two years, or more frequently if it so decides. Decisions on questions of procedure are taken by majority and decisions on questions of substance are taken by consensus. The EU is entitled to participate in, and vote on, its decisions.
2.3.Decisions by the meeting of the Parties
The meeting of the Parties has the authority to adopt conservation and management measures, which are binding on the contracting parties. Measure may be objected by a Party.
3.Position to be taken on the EU's behalf
It is proposed to establish the position to be adopted on behalf of the EU at the meetings of the Parties according to a two-tier approach. A Council Decision will set out the guiding principles of the EU’s position on a multiannual basis. The EU’s position will be subsequently adjusted for each meeting by Commission services non-papers to be endorsed by the Council.
This approach has been implemented by Council Decision (EU) 2020/1582 of 23 October 2020, which sets out the EU’s position in the meeting of the Parties to the Agreement for the period 2020-2024. The Decision contains general principles, but also takes into account, as far as possible, the specificities of the Agreement. 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) 2020/1582 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 .
Council Decision (EU) 2020/1582 does not provide for a review of the EU’s position before the meeting of the Parties to the Agreement in 2025. However, most of the Council Decisions setting out the EU’s position in the various regional fisheries management organisations (RFMOs) to which it is a contracting party are due for review before the 2024 annual meetings of those RFMOs. Therefore, to promote consistency between the EU’s positions in all RFMOs and to synchronise the timing for the revision procedures, it is appropriate to bring forward the revision of the EU’s position in the Agreement for the period 2024-2028 and replace Council Decision (EU) 2020/1582.
This approach is currently also taken in the RFMOs and for the position that is to be taken on behalf of the EU in those meetings.
The current revision takes into consideration, in relation to 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 , as well as a Joint Communication on ‘a stronger EU engagement for a peaceful, sustainable and prosperous Artic’ 10 , and a Joint Communication on ‘an integrated European Union policy for the Artic’ 11 .
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. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 12 .
4.1.2.Application to the present case
The meeting of the Parties is a body set up by an agreement, namely the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean.
The acts which the meeting of the Parties is called upon to adopt constitute acts having legal effects. The envisaged acts of the meeting of the Parties will be binding under international law and are capable of decisively influencing the content of EU legislation, namely:
·Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing 13 ;
·Council Regulation (EC) No 1224/2009 establishing a EU control system for ensuring compliance with the rules of the common fisheries policy 14 ; and
·Council Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets 15 .
The envisaged acts do not supplement or amend the institutional framework of the 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 the envisaged 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 acts relate to fisheries. Regulation (EU) No 1380/2013 is the legal basis setting out the principles to be reflected in this position. Therefore, the substantive legal basis of the proposed Decision is Article 43(2) TFEU. The Decision is to replace Council Decision (EU) 2020/1582, which covers the period 2020-2024.
4.3.Conclusion
The legal basis of the proposed Decision should be Article 43(2) TFEU, in conjunction with Article 218(9) TFEU.
2023/0281 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union at meetings of the Parties to the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and repealing Decision (EU) 2020/1582
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)The Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2019/407 16 . The Agreement entered into force on 25 June 2021.
(2)The meeting of the Parties is responsible for the adoption of measures designed to ensure the Agreement’s implementation in order to achieve the objective of preventing unregulated fishing in the high seas portion of the Central Arctic Ocean through the application of precautionary conservation and management measures as part of a long-term strategy to safeguard healthy marine ecosystems and to ensure the conservation and sustainable use of fish stocks. Such measures may become binding upon the Union.
(3)Regulation (EU) No 1380/2013 of the European Parliament and of the Council 17 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 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 18 , Climate Adaptation 19 and Farm to Fork Strategies 20 , 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 21 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 22 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 23 , 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 by the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission in a joint Communication on Setting the course for a sustainable blue planet 24 , by the Council conclusions on International Ocean Governance which covers the aforementioned Joint Communication 25 , and the Joint Communication by the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission on a stronger EU engagement for a peaceful, sustainable and prosperous Arctic 26 , the Union is committed to the Agreement’s full implementation as it protects marine ecosystems by applying a precautionary and science-based approach to any future fisheries in the Central Arctic Ocean.
(8)It is appropriate to establish the position to be taken on the Union's behalf in the meeting of the Parties to the Agreement for the period 2024-2028, as conservation and management measures under the Agreement may be binding on the Union and capable of decisively influencing the content of Union law, namely, Council Regulations (EC) No 1005/2008 27 and (EC) No 1224/2009 28 , and Regulation (EU) 2017/2403 of the European Parliament and of the Council 29 .
(9)Currently, the position to be taken on the Union’s behalf in the meetings of the Agreement is established by Council Decision (EU) 2020/1582 30 . It is appropriate to repeal that Decision and establish a new Decision for the period 2024-2028.
(10)In view of the limited knowledge on and nature of fishery resources in the geographical area covered by the Agreement, 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 Parties, procedures should be established for the year-to-year specification of the Union's position for the period 2024-2028, in line with the principle of sincere cooperation between the Union institutions enshrined in Article 13(2) of the Treaty on European Union.
(11)This Decision on the position to be taken on behalf of the Union in the meetings of the Parties to the Agreement may be followed at a later stage by a further separate Council Decision on the opening of negotiations to establish one or more additional regional or subregional fisheries management organisations or arrangements in the Arctic high seas.
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union's behalf in the meetings of the Parties to the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (Agreement) 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 Parties to the Agreement 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 meeting of the Parties to the Agreement in 2029.
Article 4
Decision (EU) 2020/1582 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) 404 final
ANNEXES
to the
Proposal for a COUNCIL DECISION
on the position to be taken on behalf of the European Union at meetings of the Parties to the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and repealing Decision (EU) 2020/1582
ANNEX I
The position to be taken on the Union’s behalf at meetings of the Parties to the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (Agreement)
1. PRINCIPLES
In the framework of the meetings of the Parties to the Agreement, the Union shall:
(a)ensure that measures adopted within the Agreement 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)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;
(c)contribute to the implementation of the objectives 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;
(d)pursue the objectives of the Plastics Strategy and the Zero pollution Action plan, notably the reduction of plastics and marine pollution;
(e)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;
(f)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 ;
(g)be in line with the objectives of the Joint Communication on the EU’s International Ocean Governance agenda 2 regarding marine biodiversity conservation, as well as the Council conclusions on that Joint Communication; 3
(h)be in line with the Joint communication by the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission on a stronger EU engagement for a peaceful, sustainable and prosperous Arctic 4 ;
(i)ensure that the Union's international commitments are respected and fulfilled;
(j)work towards an appropriate involvement of stakeholders, including relevant scientific and technical organizations, bodies and programs, as well as indigenous and local knowledge, in the preparation phase of measures considered by the meetings of the Parties, including in the meetings of scientific experts under the Agreement, and ensure that these measures are in accordance with the objectives of the Agreement;
(k)promote positions consistent with the best practices of regional fisheries management organisations (RFMOs) in the same area;
(l)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;
(m)aim to create a level playing field for the Union fleet within the Agreement 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;
(n)promote coordination between the Agreement and existing RFMOs and regional sea conventions (RSCs), in particular the North East Atlantic Fisheries Commission (NEAFC), the OSPAR Convention, which is the RSC for the North-East Atlantic and cooperation with global organisations, as applicable, within their mandates, where appropriate;
(o)actively support the Agreement’s implementation, including by contributing to the Joint Program of Scientific Research and Monitoring with the aim of improving the Parties’ collective understanding of the ecosystems in the High Seas of the Central Arctic Ocean and, in particular, of determining whether fish stocks might exist now or in the future that could be harvested on a sustainable basis and the possible impacts of such fisheries on these ecosystems;
(p)ensure compatibility between conservation and management measures established for the same stocks in the waters under national jurisdiction and the measures adopted in respect of the high seas in accordance with Article 118 UNCLOS and Article 8 UNFSA;
(q)ensure consistency with the Union’s interest in the Arctic as a region of growing strategic importance.
2.ORIENTATIONS
The Union shall, where appropriate, endeavour to support the adoption of the following actions by the Agreement:
(a)measures to promote the conservation and full restoration of biodiversity, the sustainability of the stocks, and the integration of climate change considerations in the decision-making process;
(b)conservation and management measures for fisheries resources in the Agreement area based on the best scientific advice available, including Total Allowable Catches (TACs) and quotas or effort regulation in fisheries harvesting living marine biological resources regulated by the Agreement, 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 in line with available fishing opportunities;
(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;
(d)measures to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing activities in the Agreement 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 Agreement including the strengthening of control on transhipment operations based on the FAO Voluntary Guidelines for Transhipment;
(f)measures to minimise the negative impact of fishing activities on marine biodiversity and marine ecosystems and their habitats, including protective measures for vulnerable marine ecosystems in the Agreement area in line with the Agreement 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 taking into account the FAO Voluntary Guidelines on the Marking of Fishing Gear; and related measures decided under the IMO Action Plan against plastic litter;
(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)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);
(j)common approaches with other RFMOs, where appropriate, in particular those involved in fisheries management in the same region;
(k)additional technical measures based on advice from the subsidiary bodies and working groups of Agreement.
ANNEX II
Year to year specification of the Union’s position to be taken in the meetings of the Parties to the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (Agreement)
Before each meeting of the Parties to the Agreement, 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 in sufficient time before each meeting of the Parties to the Agreement, 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 meeting of the Parties to the Agreement 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.
_____________________
