EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

By Regulation (EEC) N°3179/78, the European Community approved the 1979 Convention on Future Multilateral Co-operation in Northwest Atlantic Fisheries (the NAFO Convention), which established the Northwest Atlantic Fisheries Organisation (NAFO) and was subsequently amended in 2007, ratified by the European Union in 2010. The NAFO is a Regional Fisheries Management Organisation (RFMO) responsible for the conservation and management of fisheries in the Northwest Atlantic Ocean. The European Union became a contracting party to NAFO in 1979.

Pursuant to Article 218(9) of the Treaty on the Functioning of the European Union, the position to be adopted on behalf of the Union in RFMOs such as when they are called upon to adopt acts having legal effects, with the exception of acts supplementing or amending their institutional framework, must be adopted by Council Decision, on a proposal from the Commission.

Such position within the RFMO is currently established according to a two tier approach. A Council Decision sets out the guiding principles and orientations of the Union's position on a multiannual basis, whereas it is thereafter adjusted for each annual meeting by Commission non-papers to be discussed in the Council Working Party.

As regards the NAFO, Council Decision 12372/09 of 14 September 2009 provides for a review of the Union's position before the 2014 annual meeting. Therefore, this proposal aims at setting out the Union's position within the NAFO for the period 2014-2019 and thereby replacing Council Decision 12372/09 of 14 September 2009 which is covering the period 2009-2014.

This revision aims at incorporating the principles and orientations of the new Common Fisheries Policy (CFP), as laid down in Regulation (EU) No 1380/2013 of the European Parliament and of the Council[1], taking also into account the objectives of the Commission Communication on the external dimension of the CFP[2]. Moreover, the Union's position has been adjusted to the Lisbon Treaty. At last, the position has been aligned to the extent possible taking into account the specificities of the different RFMOs.

As it is the case for the current positions, the following position contains principles and orientations. In addition, the standard process for the year to year specification of the Union position has been incorporated as requested by Member States for positions aligned more recently.

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

The external dimension of the CFP was part of the impact assessment for the CFP reform proposals. The principles and orientations agreed for the new CFP are simply being transposed into the revised positions.

3. LEGAL ELEMENTS OF THE PROPOSAL

The following Decision is based on the Treaty on the Functioning of the European Union, and in particular Article 43(2), in conjunction with Article 218(9) which provides that the Council, on a proposal from the Commission shall adopt a decision establishing the positions to be adopted on the Union's behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects. This shall apply to the position to be adopted by the Commission, on behalf of the Union, in the NAFO.

Regulation (EU) No 1380/2013 of the European Parliament and of the Council[3] is the legal basis setting up the principles to be reflected in this negotiating mandate.

The following Decision shall replace Council Decision 12372/09 which is covering the period 2009-2014, and shall cover the period 2014-2019.

2014/0074 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf of the European Union, in the Northwest Atlantic Fisheries Organisation (NAFO)

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) Article 38 of the Treaty on the Functioning of the European Union, in conjunction with Article 39 thereof, provides that one of the objectives of the Common Fisheries Policy is to assure the availability of supplies.

(2) Regulation (EU) No 1380/2013 of the European Parliament and of the Council[4] provides that the Union shall 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 shall apply the precautionary approach to fisheries managements, and shall aim to ensure that exploitation of living marine biological resources restores and maintains population of harvested species above levels which can produce the maximum sustainable yield. It also provides that the Union shall aim to take management and conservation measures based on best available scientific advice, to promote fishing methods that contribute to more selective fishing and the avoidance and reduction, as far as possible, of unwanted catches, to fish with low impact on marine ecosystem and fishery resources and to gradually eliminate discards. Besides, the regulation specifically provides that these principles shall be applied by the Union in its external policy.

(3) By Regulation (EEC) N° 3179/78[5], the European Community approved the 1979 Convention on Future Multilateral Co-operation in Northwest Atlantic Fisheries (the NAFO Convention), which established the Northwest Atlantic Fisheries Organisation (NAFO) and was subsequently amended in 2007, ratified by the European Union in 2010[6]. Within the NAFO, the General Council is responsible for internal affairs and external relations and the Fisheries Commission is responsible for the adoption of conservation and enforcement measures designed to ensure the long-term conservation and sustainable use of the fishery resources in the NAFO Regulatory Area as defined in the NAFO Convention and to minimise the impact of fishing activities on marine eco-systems. Such measures may become binding upon the Union.

(4) In accordance with Article V.2 of the amended NAFO Convention, the NAFO Fisheries Commission and the NAFO General Council will merge upon ratification of this Convention to become the NAFO Commission.

(5) Pursuant to Article 218(9) of the Treaty on the Functioning of the European Union, the position to be adopted on behalf of the Union in Regional Fisheries Management Organisations when they are called upon to adopt acts having legal effects, with the exception of acts supplementing or amending their institutional framework, must be adopted by Council decision, on a proposal from the Commission.

(6) In view of the evolving nature of fishery resources in the NAFO Convention Area and the consequent need for the position of the Union to take account of new developments, including new statistical, biological and other information presented before or during the annual Meeting of the General Council and the Fisheries Commission of the NAFO (the NAFO Annual Meeting) , procedures must be established, in line with the principle of sincere cooperation among the Union institutions enshrined in Article 13(2) TEU, for the year-to-year specification of the Union position;

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union in the annual Meeting of the NAFO when that body is called upon to adopt decisions having legal effects is set out in Annex I to this Decision.

Article 2

The year-to-year specification of the Union position to be taken in the annual Meeting of the NAFO shall be conducted in accordance with Annex II to this Decision.

Article 3

The Union position set out in Annex I to the present Decision 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 NAFO in 2019.

Article 4

This Decision replaces Council Decision 12372/09 of 14 September 2009.

Article 5

This Decision shall enter into force on XXX

Done at Brussels,

For the Council

The President

[1] Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council decision 2004/585/EC (OJ L 354 of 28/12/2013, p.22).

[2] COM(2011) 424 of 13.7.2011.

[3] Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council decision 2004/585/EC (OJ L 354 of 28/12/2013, p.22).

[4] Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council decision 2004/585/EC (OJ L 354 of 28/12/2013, p.22).

[5] OJ L 378, 30.12.1978, p. 1

[6] Council Decision 2010/717/EU of 8 November 2010 on the approval, on behalf of the European Union, of the Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, OJ L 321, 7.12.2010, p. 1–19.

ANNEXES

to the

Proposal for a Council Decision

on the position to be adopted, on behalf of the European Union, in the Northwest Atlantic Fisheries Organisation (NAFO)

ANNEX I

The Union position in the Northwest Atlantic Fisheries Organisation

1. Principles

In the framework of the Northwest Atlantic Fisheries Organisation (NAFO), the Union shall:

a) act in accordance with the objectives pursued by the Union within the framework of the Common Fisheries Policy, notably through the precautionary approach to provide for the sustainable exploitation at levels which can produce the maximum sustainable yield of species regulated by the NAFO, to promote the implementation of an ecosystem-based approach to fisheries management and limiting environmental impacts of fishing activities, to avoid and reduce as far as possible unwanted catches, and gradually eliminate discards, and to minimise the impact of fishing activities on marine eco-systems, 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;

b) ensure that measures adopted within the NAFO are in accordance with the objectives of the NAFO Convention;

c) ensure that measures adopted within the NAFO are consistent with international law, and in particular with the provisions of the UN Convention on the Law of the Sea, the UN Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and the 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;

d) promote consistent positions within Regional Fisheries Management Organisations (RFMOs), in particular within the Atlantic, and, where applicable, with Regional Sea Conventions in the same area;

e) seek 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 external relations, environment, trade, development, research and innovation and others;

f) ensure that the Union's international commitments are respected;

g) 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].

2. Orientations

The Union shall, where appropriate, endeavour to support the adoption of the following actions by the NAFO:

a) conservation and management measures for fisheries resources in the NAFO Regulatory Area as defined in the Convention based on the best scientific advice available, including Total Allowable Catches (TACs) and quotas or effort regulation for species regulated by the NAFO, which would bring or maintain the production to the maximum sustainable yield in 2020 at the latest. Where necessary, specific measures for stocks which suffer from overfishing shall be considered in order to keep the fishing effort in line with available fishing opportunities;

b) measures to prevent, deter and eliminate Illegal, Unreported and Unregulated (IUU) fishing activities in the NAFO Regulatory area, including IUU listing;

c) monitoring, control and surveillance measures in the NAFO Regulatory Area in order to ensure efficiency of control and compliance with measures adopted within the NAFO ;

d) measures to minimize the negative impact of fishing activities on marine biodiversity and marine eco-systems, including protective measures for vulnerable marine ecosystems in the NAFO Regulatory Area in line with UNGA Resolutions, comprising measures to avoid and reduce as far as possible unwanted catches, especially ecologically related species, and to gradually eliminate discards.

e) measures aimed at the prohibition of fisheries conducted solely for the purpose of harvesting shark fins and, to require that all sharks be landed with all fins naturally attached;

f) development of common approaches with other RFMOs, in particular those involved in fisheries management in the Atlantic;

g) additional technical measures based on advice from the NAFO bodies and working groups .

ANNEX II

Year to year specification of the Union position to be taken

at the Northwest Atlantic Fisheries Organisation annual meeting

Before each annual Meeting of the General Council and the Fisheries Commission of the NAFO (the NAFO Annual Meeting), the necessary steps shall be taken so that the position to be expressed on the Union's behalf takes account of the latest statistical, biological 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 NAFO annual Meeting a written document setting out the particulars of the proposed specification of the Union position for discussion and endorsement of the details of the position to be expressed on the Union's behalf.

If, in the course of further meetings, including on the spot, it is impossible to reach an agreement in order for the Union position to take account of new elements, the matter shall be referred to the Council or its preparatory bodies.

[1] cf. doc. 7086/12 PECHE 66