# EUR-Lex - 52015PC0071 - EN

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# 52015PC0071

**Proposal for a COUNCIL DECISION to conclude, on behalf of the European Union, the Exchange of Letters to obtain membership of the Extended Commission of the Convention for the Conservation of Southern Bluefin Tuna /* COM/2015/071 final - 2015/0036 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The Commission
for the Conservation of Southern Bluefin Tuna (CCSBT) is a Regional Fisheries
Management Organisation (RFMO) responsible for the management of Southern
Bluefin Tuna (SBF) throughout its distribution. The Convention for the
Conservation of Southern Bluefin tuna entered into force on 20 May 1994.

The European
Union has been a Cooperating Non-Member of the CCSBT Extended Commission since
2006. Cooperating Non-Members participate fully in the activities of the CCSBT
but are not entitled to vote. The status of Cooperating Non-Member requires
adherence to the management and conservation objectives and measures of the
CCSBT.

After several
years of discussions, the CCSBT amended the Resolution governing the Extended
Commission during its 20th meeting in October 2013 to allow Regional Economic
Integration Organisations (REIOs) to become a Member of the Extended Commission
through Exchange of Letters in which the applicant shall give the CCSBT its firm
commitment to respect the terms of the Convention and comply with decisions of
the CCSBT Extended Commission.

By its
Proposal for a Council Decision on the signing, on behalf of the European
Union, and provisional application of the Exchange of Letters to obtain
membership of the Extended Commission of the Convention for the Conservation of
Southern Bluefin Tuna of [XXX], the European
Commission recommended to the Council the signature and provisional application
of the Exchange of Letters to obtain Membership of the CCSBT Extended
Commission.

Upon
completion of this procedure the EU would be entitled to membership and vote in
the CCSBT Extended Commission and Extended Scientific Committee.

The main interest in the CCSBT for the EU
lies in the similarities between the management of Southern Bluefin Tuna
(CCSBT) and Atlantic Bluefin Tuna (ICCAT), and the wish to continue promoting
consistency in the Union's conservation approach across oceans and reinforcing
its commitment to the long-term conservation and sustainable use of fisheries
resources globally.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Not applicable

3.           LEGAL ELEMENTS OF THE
PROPOSAL

This proposal seeks to conclude the legal
process launched with the signature and provisional application of the Exchange
of Letters to obtain membership of the CCSBT Extended Commission and Extended
Scientific Committee after having obtained the consent from the European
Parliament.

2015/0036 (NLE)

Proposal for a

COUNCIL DECISION

to conclude, on behalf of the European
Union, the Exchange of Letters to obtain membership of the Extended Commission
of the Convention for the Conservation of Southern Bluefin Tuna

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(6) (a) thereof,

Having regard to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament[1],

Whereas:

(1)       The Union is competent to
adopt measures for the conservation of marine biological resources under the
common fisheries policy and to enter into agreements with third countries and
international organisations.

(2)       Pursuant to Council
Decision 98/392/EC ([2]),
the Union is a Contracting Party to the United Nations Convention on the Law of
the Sea of 10 December 1982, which requires all members of the international
community to cooperate in conserving and managing the biological resources of
the sea.

(3)       Pursuant to Council
Decision 98/414/EC ([3]),
the Union is a Contracting Party to the Agreement on the implementation of the
provisions of the United Nations Convention on the Law of the Sea of 10
December 1982, relating to the Conservation and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks.

(4)       On 1 December 2009 the
Council authorised the European Commission to seek, on behalf of the European
Union, an amendment to the rules of Convention for the Conservation of Southern
Bluefin Tuna in order for the European Union to become a Contracting Party.

(5)       During its 20th meeting in
October 2013, the CCSBT amended the Resolution governing the Extended
Commission to allow the European Union to become a Member of the CCSBT Extended
Commission through Exchange of Letters.

(6)       On [XXX] the Council authorized the signature
and provisional application of the Exchange of Letters to obtain Membership of
the CCSBT Extended Commission.

(7)       Since vessels flying the
flags of Member States of the Union fish resources in the area of distribution
of Southern Bluefin Tuna, it is in the Union's interest to play an effective
role in the implementation of the Convention.

(8)       Such course of action will
also promote consistency in the Union's conservation approach across oceans and
reinforce its commitment to the long-term conservation and sustainable use of
fisheries resources globally.

(9)       The Exchange of Letters
text should therefore be concluded.

HAS ADOPTED THIS DECISION:

Article 1

The Exchange of Letters to obtain
Membership of the Extended Commision of the Convention for the Conservation of
Southern Bluefin Tuna (hereinafter referred to as the ‘Convention’) is hereby
concluded on behalf of the Union.

The Exchange of Letters is attached to this
Decision.

Article 2

The President of the Council is hereby
authorised to designate the person(s) empowered to deposit, on behalf of the
Union, the instrument of approval with the Executive
Secretary of the CCSBT, on behalf of the CCSBT, in
accordance with Article 10 of the Convention.

Done at Brussels,

For
the Council

The
President

[1]               OJ C , , p. .

[2]               OJ L 179, 23.6.1998, p. 1.

[3]               OJ L 189, 3.7.1998, p. 14.

ANNEX

to the

Proposal for a Council Decision

to conclude, on behalf of the
European Union, the Exchange of Letters to obtain membership of the Extended
Commission of the Convention for the Conservation of Southern Bluefin Tuna

A. Letter
from the European Union

Sir/Madam,

I have the honour to refer to the Resolution
to establish an extended Commission and an Extended Scientific Committee
(hereafter ‘the Resolution’), as amended by the 20th Meeting of the CCSBT in
October 2013.

Paragraph 6 of the Resolution establishes that any regional economic integration
organisation, entity or fishing entity, vessels flagged to which have caught SBT at
any time in the previous three calendar years, may express its willingness to
the Executive Secretary of the Commission to become a member of the Extended
Commission and Extended Scientific Committee. To this end, the Executive
Secretary of the CCSBT, on behalf of the Commission, will conduct an Exchange
of Letters with the representative of such regional economic integration
organisation, entity or fishing entity to this effect.

Regarding Paragraph 7 of the Resolution there are no changes to the
EU entitlement of 10 tonnes for the years 2015-2017.

I should be obliged if you would acknowledge
receipt of this letter and confirm that this letter and your reply constitute
an Agreement between the CCSBT and the European Union to become Member of the
CCSBT Extended Commission and Extended Scientific Committee in accordance with
the provisions contained in the Resolution mentioned above.

The EU would like to indicate its firm commitment to continue to
respect the terms of the CCSBT Convention and comply with decisions of the
Extended Commission.

This agreement will apply from the day following
the day of your reply.

Please accept, Sir/Madam, the assurance of my
highest consideration.

For the European Union

The
President