[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 20.7.2005

COM(2005) 325 final

2005/0137 (CNS)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Community of the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica

.

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Inter-American Tropical Tuna Commission (IATTC) is a Regional Fisheries Organisation that has been given competence by its Contracting Parties to regulate fisheries in the Eastern Pacific Ocean (EPO) for highly migratory fish stocks. This RFO was established by the 1949 Convention between the United States of America and the Republic of Costa Rica (hereafter “the 1949 Convention”). Today, the IATTC membership comprises 14 coastal and fishing States with interests in the region: Costa Rica, Ecuador, El Salvador, France on behalf of its overseas territories of Clipperton and French Polynesia, Guatemala, Japan, Mexico, Nicaragua, Panama, Peru, Spain, United States, Vanuatu and Venezuela.

The Community has been operating in the EPO tuna fisheries for many years. Presently, the EC tuna fishing fleet operating in the EPO counts 5 purse seiners targeting in particular skipjack tuna and its catches amounted to 31,000 Metric Tonnes in 2002. Its presence in the region requires it to co-operate with other interested coastal and fishing States, Entities and Organisations towards the conservation and management of the highly migratory fish stocks placed under IATTC Competence.

As such, the Community became a member of the Agreement on the International Dolphin Conservation Program (AIDCP). The Agreement seeks the effective conservation of dolphin stocks affected by tuna fisheries in the EPO and its operation has been entrusted to the Secretariat of the IATTC. In 1999, the Community signed the AIDCP (Council Decision 1999/337/EC of 26 April 1999) and subsequently decided to apply it provisionally (Council Decision 1999/386/EC of 7 June 1999).

Contrary to the AIDCP provisions, the 1949 Convention rules on accession of new members are limited to States and therefore prevent the accession of the Community to IATTC under its present terms. In light of the Community’s established interest in the fisheries subject to IATTC competence, a process for the amendment of the 1949 Convention was launched with the adoption in 1999 of the Guayaquil Protocol, whereby the 1949 Convention is modified so that Regional Economic Integration Organisations such as the Community may become members of this RFO. However, the entry into force of this Protocol was expected to be, and is indeed proved, to be long and laborious. Today, the Protocol has been signed by just 8 IATTC members, and ratified by only four among these. It will only enter into force once all IATTC Parties have ratified it.

In light of the lengthiness of this process, the Community agreed to allow Spain, the only Member State whose vessels operate in the Area, to become a Member of IATTC under the present terms of the 1949 Convention. Council Decision 1999/405/EC authorises Spain’s accession on a temporary basis and on account of “unique circumstances” without creating any precedent, or affecting the Community’s exclusive competence in fisheries matters. Even under this exceptional regime, it has taken until 2003 for Spain to receive the ‘nihil obstat’ from all other Members to accede IATTC.

It may be argued that the discussions that ended with the adoption of the Guayaquil Protocol, also led the Contracting Parties of the IATTC to recognise the need to bring the statute of the Organisation up to date with recent developments in the international Law of the Sea: the United Nations Convention on the Law of the Sea of 1982, its implementing Agreements, and the Code of Conduct for Responsible Fisheries (adopted by the Conference of the Food and Agriculture Organization in 1995, including the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas of 1993).

As a result, IATTC adopted a Resolution in 1998 launching the process of drafting the text of a new IATTC Convention to replace that of 1949. After 10 meetings of the working Group created to this effect, a new Convention text was ready for adoption by IATTC, which did so at its 70th Meeting held in Antigua, Guatemala, in June 2003. The new Convention is thus known as “the Antigua Convention”. It will enter into force 15 months after the deposit of the 7th instrument of ratification by a current Contracting Party to IATTC.

The Antigua Convention was opened for signature on 14 November 2003 in Washington DC, United States of America (the Depositary), and remained so until 31 December 2004. Its text is authentic in 3 languages: English, Spanish and French. The Community signed the Convention the 13 December 2004, in conformity with the Decision adopted by the Council on 25 October 2004.

The Community was invited since the beginning to participate in the drafting of the Antigua Convention and has actively contributed to the process. In particular, the Community sought to ensure that the new Convention text would contain the necessary provisions so that the IATTC would become an open Organisation, allowing any party with a real interest to become a Member, in accordance with Article 8 of the the 1995 UN Fish Stocks Agreement. This objective was attained. The Antigua Convention is a comprehensive text that effectively strengthens the IATTC and ensures that it will exercise its responsibilities towards the effective conservation and management of the EPO highly migratory fish stocks according to the principles and standards set out in the Law of the Sea.

Spain accession to IATTC does not affect the Community’s rights under international law to sign the Antigua Convention, since Council Decision 1999/405/EC only applies to the 1949 Convention. According to the Decision, Spain is required to denounce the 1949 Convention on the date of the Community’s accession thereto. Since it seems most likely that the Antigua Convention will enter into force before the Community can accede to the 1949 Convention, it is necessary to provide for Spain’s denunciation of the latter Convention in those circumstances, taking account of the fact that the Community will be party to the Antigua Convention as soon as it enters into force. A provision to that effect is included in the attached decision.

The Community should therefore proceed to conclude the Antigua Convention in order to become a full member of IATTC, without prejudice to the possibility of its earlier accession under the 1949 Convention in case the Guayaquil Protocol enters into force before the Antigua Convention does. The Council is therefore invited to adopt the attached decision.

2005/0137 (CNS)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Community of the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission[1],

Having regard to the opinion of the European Parliament,

Whereas:

(1) The Community has exclusive competence to adopt measures for the conservation and management of fishery resources and to enter into agreements with other countries and international organisations.

(2) The Community is a Contracting Party to the United Nations Convention on the Law of the Sea, which requires all members of the international community to cooperate in conserving and managing the sea’s biological resources.

(3) The Community has signed 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[2].

(4) The Inter-American Tropical Tuna Commission (IATTC) was established by the Convention between the United States of America and the Republic of Costa Rica, concluded in 1949. During its 61st Meeting in June 1998, IATTC adopted a Resolution whereby Contracting Parties agreed to draw a new Convention to strengthen the Commission and bring its statute up to date, in line with the provisions of the international Law of the Sea.

(5) The Community was invited to fully participate in this process since the beginning, and has played an active role therein. The process culminated in the adoption of the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (the Antigua Convention), at the 70th Meeting of the IATTC, held from 24 to 27 June 2003 in Antigua, Guatemala.

(6) The Antigua Convention was open for signature on 14 November 2003 in Washington DC, United States of America, and remained so until 31 December 2004, in accordance with Article XXVII thereof.

(7) The Community signed the Convention the 13 December 2004, in conformity with the Decision adopted by the Council on 25 October 2004[3].

(8) Community fishermen operate in the Convention Area. It is thus in the Community’s interest to become a member of the Inter-American Tropical Tuna Commission. The Community should therefore approve the Antigua Convention.

(9) The Antigua Convention aims at the maintenance in strengthened form of the IATTC. It is destined to replace the 1949 Convention once it enters into force for all parties to that Convention. Therefore, in accordance with the spirit of Council Decision 1999/405/EC, once the Antigua Convention enters into force, Spain must denounce the 1949 Convention.

HAS DECIDED AS FOLLOWS:

Article 1

The Antigua Convention is hereby approved on behalf of the European Community.

The text of the Convention is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the persons empowered to deposit the instrument of approval with the Government of the United States of America as Depositary of the Convention in Accordance with Article XXIX thereof.

Article 3

On the entry into force of the Antigua Convention, Spain shall denounce the Convention establishing the Inter-American Tropical Tuna Commission.

Done at Brussels,

For the Council

The President

LEGISLATIVE FINANCIAL STATEMENT

This document is intended to accompany and complement the Explanatory Memorandum. As such, when completing this Legislative Financial Statement, and without prejudice to its legibility, an attempt should be made to avoid repeating information contained in the Explanatory Memorandum. Before filling in this template, please refer to the specific Guidelines that have been drafted to provide guidance and clarification for the items below.

1. NAME OF THE PROPOSAL

APPROVAL BY THE EUROPEAN COMMUNITY OF THE CONVENTION FOR THE STRENGTHENING OF THE INTER-AMERICAN TROPICAL TUNA COMMISSION ESTABLISHED BY THE 1949 CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF COSTA-RICA

2. ABM / ABB FRAMEWORK

1103: International Fisheries

3. BUDGET LINES

3.1. Budget line11 03 02: Contributions to international organisations

3.2. Duration of the action and of the financial impact: Open ended action, from 2005 onwards. Annual expenditure will depend on the contribution the Community must make to the Organisation’s budget decided at the Annual Meeting of the IATTC.

3.3. Budgetary characteristics ( add rows if necessary ):

Budget line | Type of expenditure | New | EFTA contribution | Contributions from applicant countries | Heading in financial perspective |

11 03 02 | Comp | Diff[4] | NO | NO | NO | No [3] |

4. SUMMARY OF RESOURCES

4.1. Financial Resources

4.1.1. Summary of commitment appropriations (CA) and payment appropriations (PA)

EUR million (to 3 decimal places)

Expenditure type | Section no. | Year n | n + 1 | n + 2 | n + 3 | n + 4 | n + 5 and later | Total |

Operational expenditure[5] |

Commitment Appropriations (CA) | 8.1 | a | 0.7 | 0.7 | 0.7 | 0.7 | 0.7 | 0.7 | 4.2 |

Payment Appropriations (PA) | b | 0.7 | 0.7 | 0.7 | 0.7 | 0.7 | 0.7 | 4.2 |

Administrative expenditure within reference amount[6] |

Technical & administrative assistance (NDA) | 8.2.4 | c | 0.05 | 0.05 | 0.05 | 0.05 | 0.05 | 0.05 | 3.0 |

TOTAL REFERENCE AMOUNT |

Commitment Appropriations | a+c | 0.75 | 0.75 | 0.75 | 0.75 | 0.75 | 0.75 | 4.5 |

Payment Appropriations | b+c | 0.75 | 0.75 | 0.75 | 0.75 | 0.75 | 0.75 | 4.5 |

Administrative expenditure not included in reference amount[7] |

Human resources and associated expenditure (NDA) | 8.2.5 | d | 0.43 | 0.43 | 0.43 | 0.43 | 0.43 | 0.43 | 2.58 |

Administrative costs, other than human resources and associated costs, not included in reference amount (NDA) | 8.2.6 | e | 0.1 | 0.1 | 0.1 | 0.1 | 0.1 | 0.1 | 0.6 |

Total indicative financial cost of intervention

TOTAL CA including cost of Human Resources | a+c+d+e | 1.28 | 1.28 | 1.28 | 1.28 | 1.28 | 1.28 | 7.68 |

TOTAL PA including cost of Human Resources | b+c+d+e | 1.28 | 1.28 | 1.28 | 1.28 | 1.28 | 1.28 | 7.68 |

Co-financing details

If the proposal involves co-financing by Member States, or other bodies (please specify which), an estimate of the level of this co-financing should be indicated in the table below (additional lines may be added if different bodies are foreseen for the provision of the co-financing):

EUR million (to 3 decimal places)

Co-financing body | Year n | n + 1 | n + 2 | n + 3 | n + 4 | n + 5 and later | Total |

…………………… | f |

TOTAL CA including co-financing | a+c+d+e+f |

4.1.2. Compatibility with Financial Programming

X Proposal is compatible with existing financial programming.

( Proposal will entail reprogramming of the relevant heading in the financial perspective.

( Proposal may require application of the provisions of the Interinstitutional Agreement[8] (i.e. flexibility instrument or revision of the financial perspective).

4.1.3. Financial impact on Revenue

X Proposal has no financial implications on revenue

( Proposal has financial impact – the effect on revenue is as follows:

NB: All details and observations relating to the method of calculating the effect on revenue should be shown in a separate annex.

EUR million (to one decimal place)

Prior to action [Year n-1] | Situation following action |

Total number of human resources | 4 | 4 | 4 | 4 | 4 | 4 |

5. CHARACTERISTICS AND OBJECTIVES

Details of the context of the proposal are required in the Explanatory Memorandum. This section of the Legislative Financial Statement should include the following specific complementary information:

5.1. Need to be met in the short or long term

Long term need

5.2. Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy

The Community has fishing interests in the Eastern Pacific area. Community fishermen are involved in fishing in the Convention Area for species to which the Convention applies. The Community played an active part in the international negotiations leading to the adoption of the Antigua Convention and made a vital contribution to the success of this process, initiated in 1998. The Community has publicly declared its satisfaction with the quality of this Convention, which takes account of recent developments in the international law of the sea and ensures effective cooperation which is open to all interested parties.

The Community thus signed this Convention on 13 December 2004. It must now approve the Convention in order to become a Contracting Party and thus be able to participate fully in the work of IATTC once the Antigua Convention will enter into force is set up, thereby respecting its international obligations.

5.3. Objectives, expected results and related indicators of the proposal in the context of the ABM framework

Under the common fisheries policy the Community has exclusive competence over the external aspects of fisheries policy. It therefore has to satisfy the obligations deriving from the international law of the sea as regards cooperation on the conservation and management of fishery resources on the high seas. This involves participation as a full member in regional fisheries organisations, where these exist and cover areas in which the Community has fishing interests.The purpose of this measure is therefore to ensure the Community’s participation in Inter-American Tropical Tuna Commission (IATTC), in its revamped framework as set up by the Convention for the Strengthening ofthe Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention).

5.4. Method of Implementation (indicative)

Show below the method(s)[10] chosen for the implementation of the action

ٱ Centralised Management

X Directly by the Commission

ٱ Indirectly by delegation to:

ٱ Executive Agencies

ٱ Bodies set up by the Communities as referred to in art. 185 of the Financial Regulation

ٱ National public-sector bodies/bodies with public-service mission

ٱ Shared or decentralised management

ٱ With Member states

ٱ With Third countries

ٱ Joint management with international organisations (please specify)

Relevant comments:

6. MONITORING AND EVALUATION

6.1. Monitoring system

Each year, when the Organisation’s budget is adopted, the Commission may examine, verify and comment on the draft budget submitted by the IATTC Secretariat. The execution of these budgets is also scrutinised every year by the Contracting Parties. The budget is to be adopted by consensus of the Contracting Parties.

6.2. Evaluation

6.2.1. Ex-ante evaluation

Article XV of the Antigua Convention establishes that the financial activities of the Organisation are to be conducted in accordance with financial regulations adopted by the IATTC Commission.

Thus, on top of the annual examination of the Organisation’s finances on the occasion of the adoption of the budget and the examination of the accounts for the previous year, each Contracting Party is entitled at all times to draw the attention of the IATTC Commission to possible infringements of the rules of the Organisation governing the execution of the budget.

6.2.2. Measures taken following an intermediate/ex-post evaluation (lessons learned from similar experiences in the past)

Evaluation conducted during the Annual Meeting.

6.2.3. Terms and frequency of future evaluation

Evaluations conducted by the appropriate subsidiary body of the organisation annually at the Annual Meeting of the Organisation.

7. ANTI-FRAUD MEASURES

Article XIV(4) of the Convention stipulates that the financial activities of the Organisation are to be subject to an annual audit by independent auditors.

In addition, the European Commission negotiates audit clauses with international organisations in respect of the implementation of certain schemes/projects part-financed by the European Community. These clauses enable the Commission to verify the implementation of the operations for which it is providing part-financing by means of both documentary checks and on-the-spot checks and inspections in accordance with the procedures foreseen in Council Regulation (Euratom, EC) nº 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Community’s financial interests against fraud and other irregularities.

8. DETAILS OF RESOURCES

8.1. Objectives of the proposal in terms of their financial cost

Commitment appropriations in EUR million (to 3 decimal places)

8.2.2. Description of tasks deriving from the action

Ensure the Community’s representation in the IATTC and defend its interests by negotiating with partner States in order to ensure that decisions taken by the IATTC are consistent, to the extent allowed by consensus or majority voting, with the position agreed at internal Community level.

8.2.3. Sources of human resources (statutory)

(When more than one source is stated, please indicate the number of posts originating from each of the sources)

X Posts currently allocated to the management of the programme to be replaced or extended

( Posts pre-allocated within the APS/PDB exercise for year n

( Posts to be requested in the next APS/PDB procedure

( Posts to be redeployed using existing resources within the managing service (internal redeployment)

( Posts required for year n although not foreseen in the APS/PDB exercise of the year in question

8.2.4. Other Administrative expenditure included in reference amount(XX 01 04/05 – Expenditure on administrative management)

EUR million (to 3 decimal places)

Budget line (number and heading) 11 01 04 05: Contributions to international organisations— Administrative Management Expenditure | Year n | Year n+1 | Year n+2 | Year n+3 | Year n+4 | Year n+5 and later | TOTAL |

Other technical and administrative assistance |

- intra muros |

- extra muros | 0.05 | 0.05 | 0.05 | 0.05 | 0.05 | 0.05 |

Total Technical and administrative assistance | 0.05 | 0.05 | 0.05 | 0.05 | 0.05 | 0.05 |

8.2.5. Financial cost of human resources and associated costs not included in the reference amount

EUR million (to 3 decimal places)

Type of human resources | Year n | Year n+1 | Year n+2 | Year n+3 | Year n+4 | Year n+5 and later |

Officials and temporary staff (XX 01 01) | 0.432 | 0.432 | 0.432 | 0.432 | 0.432 | 0.432 |

Staff financed by Art XX 01 02 (auxiliary, END, contract staff, etc.) (specify budget line) |

Total cost of Human Resources and associated costs (NOT in reference amount) | 0.432 | 0.432 | 0.432 | 0.432 | 0.432 | 0.432 |

Calculation– Officials and Temporary agents

Reference should be made to Point 8.2.1, if applicable

2*A (2x 108.000 €)

1*B (1x 108,000 €) 0.432 million €

1*C (1x 108,000 €)

Calculation– Staff financed under art. XX 01 02

Reference should be made to Point 8.2.1, if applicable

8.2.6. Other administrative expenditure not included in reference amount EUR million (to 3 decimal places) |

XX 01 02 11 02 – Meetings & Conferences |

XX 01 02 11 03 – Committees[16] |

XX 01 02 11 04 – Studies & consultations |

XX 01 02 11 05 - Information systems |

2 Total Other Management Expenditure (XX 01 02 11) |

3 Other expenditure of an administrative nature (specify including reference to budget line) |

Total Administrative expenditure, other than human resources and associated costs (NOT included in reference amount) | 0.1 | 0.1 | 0.1 | 0.1 | 0.1 | 0.1 |

Calculation - Other administrative expenditure not included in reference amount

[1] OJ C […], […], p. […].

[2] OJ L 189, 3.7.1998, p. 16.

[3] OJ L 015, 19.01.2005, p. 9.

[4] Differentiated appropriations.

[5] Expenditure that does not fall under Chapter xx 01 of the Title xx concerned.

[6] Expenditure within article xx 01 04 of Title xx.

[7] Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05.

[8] See points 19 and 24 of the Interinstitutional agreement.

[9] Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years.

[10] If more than one method is indicated please provide additional details in the "Relevant comments" section of this point.

[11] As described under Section 5.3.

[12] Cost of which is NOT covered by the reference amount.

[13] Cost of which is NOT covered by the reference amount.

[14] Cost of which is included within the reference amount.

[15] Reference should be made to the specific legislative financial statement for the Executive Agency(ies) concerned.

[16] Specify the type of committee and the group to which it belongs.