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ROADMAP |
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Roadmaps aim to inform citizens and stakeholders about the Commission's work in order to allow them to provide feedback and to participate effectively in future consultation activities. Citizens and stakeholders are in particular invited to provide views on the Commission's understanding of the problem and possible solutions and to make available any relevant information that they may have. |
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Title of the initiative |
Transposition into EU law of conservation and control measures adopted by the Inter-American Tropical Tuna Commission |
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Lead DG – responsible unit |
DG MARE, Unit B.2 (Regional Fisheries Management Organisations) |
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Likely Type of initiative |
Regulation |
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Indicative Planning |
Q1 2020 |
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Additional Information |
https://ec.europa.eu/fisheries/cfp/international/rfmo_en |
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This Roadmap is provided for information purposes only and its content might change. It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final content. All elements of the initiative described by the Roadmap, including its timing, are subject to change. |
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A. Context, Problem definition and Subsidiarity Check |
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Context |
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The Inter-American Tropic Tuna Commission (IATTC) is a regional fisheries management organisation (RFMO) responsible for managing tuna and tuna-like fishery resources in the Eastern Pacific. RFMOs are international bodies through which States discharge their conservation obligations where highly migratory or straddling stocks are concerned under the United Nations Convention on the Law of the Sea I and the United Nations Fish Stock Agreement. II They have a key role in the international dimension of the common fisheries policy (CFP). III RFMOs have management and regulatory powers, determining amongst others: •fishing limits (including, as applicable, fishing effort, total allowable catches, maximum number of vessels, area closures); •technical measures (definition of how fishing activities must be carried out, permitted gear and technical control of vessels and equipment, etc.); and •control measures (monitoring and surveillance of fishing activities). RFMO decisions are based on the best available scientific advice. RFMOs also carry out scientific research, and can assist their members with such issues as capacity building, external cooperation, and/or fisheries development. RFMOs also undertake regular assessments of the compliance of its Contracting Parties against the provisions of the organisation. RFMOs have beside this a duty to conserve all species associated or affected by their fisheries, including seabirds, turtles, dolphins, sharks and non-target fish. The decisions of the RFMOs are binding on its Contracting Parties and, in the case of the EU, must be enacted into EU law. RFMOs usually adopt new conservation and management measures on an annual basis, which must be implemented. |
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Problem the initiative aims to tackle |
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This legislative initiative addresses sustainable fisheries management in international waters by transposing IATTC measures into EU law. The relevant conservation and management measures established by IATTC are mainly addressed to the Contracting Parties as they become binding upon them in international law. It is incumbent on the EU to ensure compliance with these international obligations, as soon as they enter into force. Pursuant to Article 216(2) of the Treaty on the Functioning of the European Union (TFEU), this international obligation lies with Member States even in the absence of transposition of those measures into EU law. Nevertheless, IATTC resolutions, though mainly aimed at the IATTC Contracting Parties, also impose obligations on operators (e.g. the vessel master). Obligations shall apply to operators once transposed into EU law. |
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Basis for EU intervention (legal basis and subsidiarity check) |
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The proposal is based on Article 43(2) TFEU, as it sets out provisions necessary to reach the objectives of the common fisheries policy. The conservation of marine biological resources falls under the exclusive competence of the EU according to Article 3(1d) of the Treaty on the Functioning of the European Union (TFEU). Therefore, the subsidiarity principle does not apply. |
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B. What does the initiative aim to achieve and how |
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This proposal is designed to transpose into EU law, the most recent version of the IATTC resolutions that regulate management and conservation of tuna and other marine species in the Easter Pacific. It also includes a mechanism to facilitate the transposition and implementation of the IATTC measures in the future, namely by using delegated acts and cross-reference to IATTC documents. |
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C. Better regulation |
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Consultation of citizens and stakeholders |
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The purpose of this proposal is to transpose existing IATTC measures, which are binding upon the Contracting Parties, into EU law. National experts, industry representatives and civil society are consulted in advance of the IATTC meetings before the Commission proposes the negotiating mandate of the EU that is subsequently approved by the Council. Given the nature of the transposition exercise, which does not leave margin to modify the IATTC measures, a stakeholder consultation on this regulation is not considered necessary. |
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Evidence base and data collection |
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There is no need for an impact assessment, for the reasons already outlined above. This is a transposition of a recommendation directly applicable to Member States. There is no discretion on policy content. The IATTC recommendations are based on the scientific advice provided by IATTC programmes related to stock assessment; biology and ecosystem; data collection and database; and bycatch and International Dolphin Conservation Program. |