amending implementing Decision 2014/170/EU to remove the Republic of Guinea from the list of non-cooperating third countries in fighting IUU fishing

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

This proposal concerns the application of Council Regulation (EC) No 1005/2008 of 29 September 2008 on establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (IUU fishing), amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (the IUU Regulation).

This proposal is made in the context of the implementation of the IUU Regulation and is the result of investigation and dialogue procedures which were carried out in line with the substantive and procedural requirements laid out in the IUU Regulation foreseeing inter alia that all countries should discharge the duties incumbent upon them under international law as flag, port, coastal or market State to prevent, deter and eliminate IUU fishing.

On 15 November 2012 the Commission, by Commission Decision, notified eight third countries (Belize, the Kingdom of Cambodia, the Republic of Fiji, the Republic of Guinea, the Republic of Panama, the Democratic Socialist Republic of Sri Lanka, the Togolese Republic and the Republic of Vanuatu) that the Commission considered the possibility of identifying them as non-cooperating countries pursuant to the IUU Regulation.

The Commission initiated démarches in respect of the eight countries. These démarches consisted inter alia of actions providing reasons of these démarches, its actions, opportunity for the countries to respond and refute, right to ask for and provide additional information, proposed actions plans to remedy the situation as well as adequate time to answer and reasonable time to remedy the situation.

On 26 November 2013 the Commission, by Commission Implementing Decision, identified the Republic of Guinea (hereinafter Guinea) as a third country that the Commission considers as a non-cooperating third country pursuant to the IUU Regulation.

On 24 March 2014 the Council, by Council Implementing Decision, adopted the list of non-cooperating third countries, which included Guinea, in fighting IUU fishing.

The attached proposal for a Council Implementing Decision is based on the findings which have confirmed that Guinea has demonstrated that the situation that warranted its listing has been rectified and that Guinea has taken concrete measures capable of achieving a lasting improvement of the situation.

It is therefore proposed that the Council adopts the attached proposal for a Decision.

•Consistency with existing policy provisions in the policy area

The pre-identification by the Commission of Guinea as a non-cooperating country in Commission Decision of 15 November 2012 (OJ C 354 17.11.2012, p.1-47) on notifying the third countries that the Commission considers as possible of being identified as non-cooperating countries pursuant to Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing.

The identification by the Commission of Guinea as a non-cooperating country in Commission Implementing Decision of 26 November 2013 (OJ C 346 27.11.2013, p. 2-25) on identifying a third country that the Commission considers as a non-cooperating third country pursuant to Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing.

The Council placing Guinea on the list of non-cooperating countries in Council Implementing Decision of 24 March 2014 (OJ L 91 27.3.2014, p. 43-47) establishing a list of non-cooperating third countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing.

•Consistency with other Union policies

Not applicable.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis