# IMMC.COM%282022%29263%20final.ENG.xhtml.1_EN_ACT_part1_v5.docx

european flagEUROPEAN COMMISSION

Brussels, 8.6.2022

COM(2022) 263 final

2022/0177(NLE)

Proposal for a

COUNCIL DECISION

authorising the Republic of Poland to ratify, in the interest of the European Union, the amendment to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Poland, China, Japan, the Republic of Korea, Russia and the United States signed the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea (‘CCBSP’ or ‘the Convention’) in 1994. The Convention has the following aims: (i) to establish an international regime for conservation, management and optimum utilisation of pollock resources in the Convention Area; (ii) to restore and maintain pollock resources in the Bering Sea at levels which will permit their maximum sustainable yield; (iii) to cooperate in the gathering and examining of factual information concerning pollock and other living marine resources in the Bering Sea; and (iv) to provide, if the Parties agree, a forum in which to consider the establishment of necessary conservation and management measures for living marine resources other than pollock in the Convention Area as may be required in the future.

The commercial fishing in the Convention Area, which peaked in 1989 with catches of up to 1 447 600 tonnes/year, has been closed since 1993 by way of a moratorium. The continuing moratorium is supported by scientific evidence, which has consistently pointed to an extremely slow recovery of pollock stocks. Nevertheless, the commercial fishery continues in the United States and Russia’s exclusive economic zones.

The European Union participation in the Convention

Poland has been a contracting party to this organisation since 1994. After Poland joined the EU in 2004, the conservation and management of pollock resources in the Central Bering Sea was set to be managed by the EU by virtue of Article 6 (9), paragraph 1 of the Accession Act. However, the Convention text currently only envisages the membership of States. It would therefore need to be amended to allow the EU to become a contracting party as a regional economic integration organisation. A Council Decision authorised the Republic of Poland to negotiate, in the interest of the European Union, an amendment to the Convention that would allow the participation of the European Union as a full party to the Convention. To that end, the Republic of Poland proposed an amendment to the Convention in order to allow participation of regional economic integration organisations and to allow for the European Union to become party to the Convention. The Republic of Poland proposed the amendment to the Convention to the Depositary of the Convention in October 2016. The Depositary sent the amendment in 2017 to the Contracting Parties.

The implications of the EU membership

There are limited implications for the EU joining the Convention given that membership does not require any budgetary contributions (the organisation does not have a Secretariat), and the moratorium is expected to continue in the near future. However, should the area be re-opened to fishing, the EU’s role would be to promote the principles and standards of the Common Fisheries Policy in this international organisation, in particular the adoption of management measures based on best science.

The EU’s interest in the Convention stems primarily from its responsibility to ensure the conservation and management of living marine resources within and outside the EU.

•Consistency with existing policy provisions in the policy area

•

Consistency with existing policy provisions in the

policy area

Regional fisheries management organisations (RFMOs) are: international organisations of countries, some of which are coastal states; regional economic integration organisations such as the EU; and fishing bodies with fishing interests in a given area. Some RFMOs manage all the fish stocks within a specific area, while others focus on particular highly migratory species, notably tuna, throughout vast geographical areas. While some are purely advisory, most have management powers to set catch limits and fishing effort limits, technical measures and control obligations.

In line with the Commission Communication ‘Participation in Regional Fisheries Organisations (RFOs)’
  1
  , Articles 28 and 29 of Regulation (EU) No 1380/2013 on the Common Fisheries Policy
  2
  and the Council conclusions of 19 March 2012 regarding the Commission Communication on the ‘External dimension of the Common Fisheries Policy’
  3
  , the EU, represented by the Commission, plays an active role in six tuna organisations and 11 non-tuna organisations.

The Joint Communication by the High Representative of the EU for Foreign Affairs and Security Policy and the Commission on ‘International ocean governance: an agenda for the future of oceans’
  4
  and the Council conclusions of 3 April 2017 on it promote measures to support and improve the effectiveness of RFMOs and, where relevant, improve their governance. This is a central feature of the EU’s action in these fora.

•Consistency with other Union policies

•

Consistency with other Union policies

EU membership of the Convention is fully consistent with the Council conclusions of 23 October 2020 regarding the Commission Communication on the ‘EU Biodiversity Strategy for 2030’
  5
  .

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

2.

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

•

Legal basis

This proposal for a Council Decision is based on the Treaty on the Functioning of the European Union, particularly Article 43(2) in conjunction with Article 218(6)(a).

•Subsidiarity (for non-exclusive competence)

Not applicable.

•Proportionality

•

Proportionality

Not applicable.

•Choice of the instrument

•

Choice of the instrument

Article 218(6)(a) of the Treaty on the Functioning of the European Union requires a proposal from the Commission for the Council to adopt this Decision, with the consent of the European Parliament.

Article 218(6)(a) of the Treaty on the Functioning of the European Union requires a proposal from the Commission for the Council to adopt this Decision, with the consent of the European Parliament.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

3.

RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

•

Ex-post evaluations/fitness checks

of existing legislation

Not applicable.

•Stakeholder consultations

•

Stakeholder consultations

Not applicable.

•Collection and use of expertise

•

Collection and use of expertise

Not applicable.

•Impact assessment

•

Impact

assessment

Not applicable.

•Regulatory fitness and simplification

•

Regulatory fitness and simplification

Not applicable.

•Fundamental rights

•

Fundamental rights

Not applicable.

4.BUDGETARY IMPLICATIONS

4.

BUDGETARY IMPLICATIONS

No budgetary implications.

5.OTHER ELEMENTS

5.

OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•

Implementation plans and

monitoring, evaluation and reporting arrangements

Not applicable.

•Detailed explanation of the specific provisions of the proposal

•

Detailed explanation of

the

specific provisions of the proposal

Not applicable.

2022/0177 (NLE)

2022/0177 (NLE)

Proposal for a

Proposal for a

COUNCIL DECISION

COUNCIL DECISION

authorising the Republic of Poland to ratify, in the interest of the European Union, the amendment to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea

authorising the Republic of Poland to ratify, in the interest of the European Union, the amendment to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea

THE COUNCIL OF THE EUROPEAN UNION,

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 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 proposal from the European Commission,

Having regard to the consent of the European Parliament
  6
  ,

Having regard to the

consent

of the European Parliament

6

,

Whereas:

Whereas:

(1)The European Union (‘Union’) is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982
  7
  , which requires all members of the international community to cooperate in conserving and managing the biological resources of the sea.

(1)

T

he

European

Union

(‘Union’)

is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982

7

, which requires all members of the international community to cooperate in conserving and managing the biological resources of the sea.

(2)The Union is also 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
  8
  .

(2)

T

he Union is

also

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

c

onservation and

m

anagement of

s

traddling

f

ish

s

tocks and

h

ighly

m

igratory

f

ish

s

tocks

8

.

(3)Under Article 3(1)(d) and 3(2) of the Treaty on the Functioning of the European Union (TFEU), the Union has exclusive competence in the field of conservation of marine biological resources under the Common Fisheries Policy. The powers thus conferred on the Union on the internal level also include the Union ́s power to cooperate in international organisations, including in the framework of regional fisheries management organisations.

(3)

Under Article 3(1)(d) and 3(2) of the Treaty on the Functioning of the European Union (

TFEU), the U

nion

has exclusive competence in the field of conservation of marine biological resources under the Common Fish

er

ies Policy.

The powers thus conferred on the Union on the internal level also include the Union ́s power to cooperate in international organisations, including in the framework of

r

egional

f

isheries

m

anagement

o

rganisations

.

(4)The Republic of Poland is a Contracting Party to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea (‘the Convention’). The Union is not a party to the Convention. By virtue of Article 6(9) of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded
  9
  , as from the date of accession, fisheries agreements concluded by the new Member States with third countries are to be managed by the Union. Any decisions established under the said Convention should be implemented in the legal order of the Union

(4)

The Republic of Poland

is a Contracting Party to

the

Convention on the

Conservation and Management of Pollock Resources in the Central Bering Sea

(

‘the Conve

n

tion’)

.

The Union is not a party to the Convention.

By virtue of

A

rticle 6(9) of the

Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded

9

, as from the date of accession, fisheries agreements concluded by the new Member

States with third countries are

to be

managed by the Union

.

A

ny decisions established

under the said Convention

should

be implemented

i

n

the legal order of the Union

(5)It is in the Union's interest to play an effective role in the implementation of the Convention. 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.

(5)

I

t is in the Union's interest to play an effective role in the implementation of th

e Convention.

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

.

(6)A Council Decision
  10
   authorised the Republic of Poland to negotiate, in the interest of the European Union, an amendment to the Convention that would allow the participation of the European Union as a full party to the Convention. To that end, the Republic of Poland was to propose an amendment to the Convention in order to allow participation of regional economic integration organisations and to allow for the European Union to become party to the Convention.

(7)The Republic of Poland proposed the aforesaid amendment to the Convention to the Depositary of the Convention in October 2016.

(8) The Republic of Poland should therefore be authorised to ratify the amendment to the Convention,

HAS ADOPTED THIS DECISION:

Article 1

The Republic of Poland is hereby authorised to ratify, in the interest of the European Union, the amendment to Article XVI.4 of the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea enabling regional economic integration organisations to become party to that Convention.

Article 2

This Decision is addressed to the Republic of Poland.

Done at Brussels,

For the Council

The President