Council Decision
of 3 June 2010
on the signing, on behalf of the European Union, and provisional application of the Understanding between the European Union and the Republic of Chile concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean
(2010/343/EU)
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(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) It is the objective of the Union to establish framework cooperation Agreements on fisheries with third Parties to ensure the conservation and sustainable management of species of common interest and the access of Union vessels to third Parties’ ports for operations of transhipment and landings, and for logistical purposes.
(2) On 4 April 2008, the Council authorised the Commission to open negotiations with the Republic of Chile for the conservation of swordfish stocks in the South-Eastern Pacific Ocean. The negotiations were successfully concluded by initialling the Understanding concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean agreed on 15- 16 October 2008 in Brussels as modified by (i) the detailed Annex I to the Understanding as agreed during the bilateral technical meeting on 5- 6 October 2009 in New York; (ii) the Note Verbale of Chile of 23 November 2009 designating the Chilean ports of Arica, Antofagasta and Punta Arenas for access by EU vessels fishing for swordfish on the high seas in the South Eastern Pacific Ocean, in relation to point (xi) of Annex I; and (iii) the agreement that the first meeting of the bilateral Technical and Scientific Committee would take place at the latest on 1 January 2011 (the "Understanding").
(3) The Understanding should be signed.
(4) In view of the interest of Union vessels fishing for swordfish on the high seas in the South-Eastern Pacific to obtain access to designated Chilean ports without delay, the Understanding should be applied on a provisional basis pending the completion of the procedures for its conclusion. It is, therefore, in the Union's interest to approve the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Chile on the provisional application of the Understanding,
HAS ADOPTED THIS DECISION:
Article 1
The signing of the Understanding between the European Union and the Republic of Chile concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean agreed on 15- 16 October 2008 in Brussels as modified by (i) the detailed Annex I to the Understanding as agreed during the bilateral technical meeting on 5- 6 October 2009 in New York; (ii) the Note Verbale of Chile of 23 November 2009 designating the Chilean ports of Arica, Antofagasta and Punta Arenas for access by EU vessels fishing for swordfish on the high seas in the South-Eastern Pacific Ocean, in relation to point (xi) of Annex I; and (iii) the agreement that the first meeting of the bilateral Technical and Scientific Committee would take place at the latest on 1 January 2011 ("the Understanding") is hereby approved on behalf of the Union, subject to its conclusion.
The text of the Understanding is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Understanding, on behalf of the Union, subject to its conclusion.
Article 3
The Agreement in the form of an Exchange of Letters between the European Union and the Republic of Chile on the provisional application of the Understanding is hereby approved on behalf of the Union.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
Article 4
The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Union, the Agreement in the form of an Exchange of Letters on the provisional application of the Understanding.
Article 5
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 3 June 2010.