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Document 52023PC0417
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the South Pacific Regional Fisheries Management Organisation and repealing Decision (EU) 2019/859
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the South Pacific Regional Fisheries Management Organisation and repealing Decision (EU) 2019/859
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the South Pacific Regional Fisheries Management Organisation and repealing Decision (EU) 2019/859
COM/2023/417 final
EUROPEAN COMMISSION
Brussels, 11.7.2023
COM(2023) 417 final
2023/0267(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the South Pacific Regional Fisheries Management Organisation and repealing Decision (EU) 2019/859
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 South Pacific Regional Fisheries Management Organisation (SPRFMO) for the period 2024-2028 in connection with the envisaged adoption of conservation and management measures.
2.Context of the proposal
2.1.Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean
The Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (SPRFMO Convention) aims, by establishing the SPRFMO, to ensure the long-term conservation and sustainable use of fishery resources in the area covered by the Convention. The Convention entered into force on 24 August 2012.
The EU is a party to the SPRFMO, having ratified the Convention under Council Decision 2012/130/EU 1 .
2.2.SPRFMO Commission
The SPRFMO Commission is the body established by the SPRFMO Convention to be responsible for managing and conserving fishery resources in the Convention area. It adopts conservation and management measures to ensure the long-term conservation and sustainable use of the fishery resources for which it is responsible.
As a member of the SPRFMO Commission, the EU is entitled to participate in, and vote on, its decisions. The SPRFMO Commission usually takes its decisions by consensus. However, it may take decisions by a three-quarters majority of its members, except where the SPRFMO Convention expressly provides for consensus.
2.3.SPRFMO Commission decisions
The SPRFMO Commission has the authority to adopt conservation and enforcement measures for the fisheries for which it is responsible, which are binding on the contracting parties.
In accordance with Article 17(1) of the SPRFMO Convention, the measures enter into force 90 days after the date on which the contracting parties are notified of them by the SPRFMO. If any member of the SPRFMO Commission presents an objection to a decision within 60 days of being notified, the decision will not become binding on that member to the extent of the objection. If an objection is presented, a review panel is established within 30 days of the end of the objection period to decide on the objection.
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 sets 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 by the Council.
For the SPRFMO, this approach is implemented by Council Decision (EU) 2019/859 of 14 May 2019, which sets out the EU’s position in the SPRFMO for the period 2020-2024. The Decision contains general principles and orientations, but also takes into account as far as possible the specific features of the SPRFMO. 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) 2019/859 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) 2019/859 does not provide for an assessment, and where appropriate, a revision of the EU’s position within the SPRFMO before the 2025 annual meeting. However, the vast majority of Council Decisions concerning the EU’s position in the various RFMOs to which it is a contracting party are due for review before the 2024 annual meetings of those RFMOs. Therefore, to promote consistency among 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 SPRFMO for the period 2024-2028 and thereby replace Council Decision (EU) 2019/859.
The current proposal 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 .
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’ 10 .
4.1.2.Application to the present case
The SPRFMO Commission is a body set up by an agreement, namely the SPRFMO Convention.
The acts that the SPRFMO Commission is called on to adopt constitute acts having legal effects. The envisaged acts are to be binding under international law in accordance with Article 17 of the SPRFMO Convention 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 11 ;
Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy 12 ; 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 13 .
The envisaged acts do not supplement or amend the institutional framework of the SPRFMO Convention.
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) 2019/859.
4.3.Conclusion
The legal basis of the proposed Decision should be Article 43(2) TFEU, in conjunction with Article 218(9) TFEU.
2023/0267 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the South Pacific Regional Fisheries Management Organisation and repealing Decision (EU) 2019/859
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 2012/130/EU 14 , the Union concluded the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (‘SPRFMO Convention’), which established the SPRFMO Commission.
(2)The SPRFMO Commission adopts conservation and management measures to achieve the objectives of the SPRFMO Convention. Such measures may become binding upon the Union.
(3)Regulation (EU) No 1380/2013 of the European Parliament and of the Council 15 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 16 , Climate Adaptation 17 and Farm to Fork Strategies 18 , 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 19 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 20 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 21 , 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)Currently the position to be taken on the Union’s behalf in the meetings of the SPRFMO is established by Council Decision (EU) 2019/859 22 . It is appropriate to repeal that Decision, and establish a new Decision for the period 2024-2028.
(8)It is appropriate to establish the position to be taken on the Union’s behalf in the SPRFMO Commission for the period 2024-2028, as the SPRFMO conservation and enforcement measures may be binding on the Union and capable of decisively influencing the content of Union law, namely, Council Regulation (EC) No 1005/2008 23 ; Council Regulation (EC) No 1224/2009 24 ; and Regulation (EU) 2017/2403 of the European Parliament and of the Council 25 .
(9)In view of the evolving nature of fishery resources in the SPRFMO Convention 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 SPRFMO Commission, 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 South Pacific Regional Fisheries Management Organisation (SPRFMO) Commission 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 SPRFMO Commission 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 SPRFMO Commission in 2029.
Article 4
Decision (EU) 2019/859 is repealed.
Article 5
This Decision is addressed to the Commission.
Done at Brussels,
For the Council
The President
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, 6.3.2012, p. 1).
EUROPEAN COMMISSION
Brussels, 11.7.2023
COM(2023) 417 final
ANNEXES
to the
proposal for a Council Decision
on the position to be taken on behalf of the European Union in the South Pacific Regional Fisheries Management Organisation and repealing Decision (EU) 2019/859
ANNEX I
The position to be taken on the Union’s behalf in the South Pacific Regional Fisheries Management Organisation (SPRFMO)
1.PRINCIPLES
In the framework of the SPRFMO, the Union shall:
(a)ensure that measures adopted within the SPRFMO 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 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)work towards an appropriate involvement of stakeholders in the preparation phase for SPRFMO measures and ensure that measures adopted within the SPRFMO are in accordance with the objectives of the SPRFMO Convention;
(i)promote positions consistent with the best practices of regional fisheries management organisations (RFMOs);
(j)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;
(k)aim to create a level playing field for the Union fleet within the SPRFMO 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;
(l)promote coordination between the SPRFMO, existing RFMOs and regional sea conventions (RSCs) and cooperation with global organisations, as applicable, within their mandates, where appropriate;
(m)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 SPRFMO:
(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 SPRFMO Convention 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 SPRFMO, 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 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 SPRFMO 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 SPRFMO Convention area in line with the SPRFMO 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)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 SPRFMO.
ANNEX II
Year to year specification of the Union position to be taken
at meetings of the South Pacific Regional Fisheries Management Organisation
Before each meeting of the SPRFMO Commission, 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 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 meeting of the SPRFMO Commission, 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 SPRFMO Commission 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.