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Brussels, 11.9.2009

COM(2009) 470 final

Proposal for a

COUNCIL DECISION

on the establishment of the Community position to be adopted in the Commission for the Conservation of Southern Bluefin Tuna

EXPLANATORY MEMORANDUM

According to the second subparagraph of Article 300(2) of the EC Treaty, the positions to be adopted on behalf of the Community in Regional Fisheries Management Organisations when they are called upon to adopt decisions having legal effects, with the exception of decisions supplementing or amending their institutional framework, must be decided on by the Council, acting by a qualified majority on a proposal from the Commission.

In view of this obligation, and following similar Council Decisions and proposals from the European Commission for other Regional Fisheries Management Organisations, the European Commission proposes the present decision to establish the Community position to be adopted in the Commission for the Conservation of Southern Bluefin Tuna. This proposal follows the same approach as for other Regional Fisheries Management Organisations so as to ensure consistency.

Proposal for a

COUNCIL DECISION

on the establishment of the Community position to be adopted in the Commission for the Conservation of Southern Bluefin Tuna

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with the second subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Article 33 of the EC Treaty, in conjunction with Article 32 thereof, provides that one of the objectives of the Common Fisheries Policy is to assure the availability of supplies. Regulation (EC) N° 2371/2002[1] provides that the Community shall apply the precautionary approach in taking measures designed to protect and conserve living aquatic resources, to provide for their sustainable exploitation and to minimise the impact of fishing activities on marine eco-systems. It also provides that the Community shall aim at a progressive implementation of an eco-system-based approach to fisheries management, and aim to contribute to efficient fishing activities within an economically viable and competitive fisheries and aquaculture industry, providing a fair standard of living for those who depend on fishing activities and taking into account the interest of consumers.

(2) The Commission for the Conservation of Southern Bluefin Tuna (CCSBT) was established by the Convention for the Conservation of Southern Bluefin Tuna. The European Community has been a Cooperating Non-Member of the CCSBT since 2007 and, in line with the CCSBT Resolution to Establish the Status of Co-operating Non-Member of the Extended Commission and the Extended Scientific Committee adopted in 2003, is bound to implement its decisions. The CCSBT may, on the basis of scientific evidence, make decisions designed to maintain the populations of southern bluefin tuna at levels which will ensure the long-term sustainability of those stocks.

(3) Pursuant to the second sub-paragraph of Article 300 (2) of the EC Treaty, the position of the Community in bodies set up by regional fisheries agreements which are called upon to adopt decisions having legal effects (but not modifying the institutional framework of the agreements concerned) must be adopted by qualified majority by Council decision, on a proposal from the Commission.

HAS DECIDED AS FOLLOWS:

Article 1

The position to be adopted on behalf of the Community in the Commission for the Conservation of Southern Bluefin Tuna when that Commission is called upon to adopt decisions having legal effects is set out in the Annex to this Decision.

Article 2

The Community position set out in the Annex 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 Commission for the Conservation of Southern Bluefin Tuna in 2014.

Done at Brussels,

For the Council

The President

ANNEX

The Community position in the Commission for the Conservation of Southern Bluefin Tuna

1. PRINCIPLES

In the framework of the CCSBT, the European Community shall:

a) act in accordance with the objectives pursued by the Community within the framework of the Common Fisheries Policy, notably through the precautionary approach to provide for the sustainable exploitation of southern bluefin tuna, to promote the gradual implementation of an ecosystem-based approach to fisheries management, and to minimise the impact of fishing activities on marine eco-systems, as well as through the promotion of economically viable and competitive Community fisheries, providing a fair standard of living for those who depend on fishing activities and taking account of the interests of consumers;

b) ensure that CCSBT measures are in accordance with the objectives of the CCSBT Convention;

c) ensure that CCSBT measures 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;

d) promote consistent positions within Regional Fisheries Management Organisations;

e) seek synergy with the policy that the Community is pursuing as part of its bilateral fisheries relations with third countries, and ensure coherence with its external relations policy;

f) ensure that the Community's international commitments are respected.

2. ORIENTATIONS

The European Community shall, where appropriate, endeavour to support the adoption of the following actions by the CCSBT:

a) stringent conservation and management measures for southern bluefin tuna allowing for its long term sustainability and taking into account the best scientific advice available, through TAC and quotas system. Where necessary, specific measures for stocks which suffer from overfishing shall be considered in order to avoid any increase of fishing activities;

b) measures to control fishing effort to ensure that it is commensurate with fishing opportunities available;

c) the development and implementation of monitoring, control and surveillance measures, concerning inter alia an observer scheme and port State measures;

d) enhanced measures to combat IUU activities.

[1] OJ L 358, 31.12.2002, p. 59