EUROPEAN COMMISSION Brussels, 8.3.2019 COM(2019) 115 final 2019/0064(NLE) Proposal for a COUNCIL DECISION concerning the position to be taken on behalf of the European Union in the Inter-American Tropical Tuna Commission and the Meeting of the Parties to the Agreement on the International Dolphin Conservation Programme and repealing Decision 10126/14



EXPLANATORY MEMORANDUM 1.Subject matter of the proposal This proposal concerns a Decision establishing the position to be taken on the Union’s behalf at meetings of the Inter-American Tropical Tuna Commission (IATTC) and the Meeting of the Parties to the Agreement on the International Dolphin Conservation Programme for the period 2019-2023 in connection with the envisaged adoption of measures. 2.Context of the proposal 2.1.Antigua Convention and International Dolphin Conservation Programme 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 (Antigua Convention) aims, by establishing the IATTC, to ensure the long-term conservation and sustainable use of the fish stocks covered by the Antigua Convention. The Antigua Convention entered into force on 10 October 2008. The Agreement on the International Dolphin Conservation Programme (IDCP Agreement) aims, by establishing the Meeting of the Parties to the AIDCP, progressively to reduce incidental dolphin mortality in the Antigua Convention area to levels approaching zero. Under Article XIV of the Antigua Convention, the IATTC is to play an integral role in coordinating the implementation of the Agreement and in implementing the measures adopted in the framework of the AIDCP. The Agreement entered into force on 15 February 1999. The Union is a party to the IATTC and the AIDCP, having approved the Antigua Convention and the AIDCP pursuant to Council Decisions 2006/539/EC and 2005/938/EC respectively. 2.2.Inter-American Tropical Tuna Commission and Meeting of the Parties to the Dolphin Conservation Programme The IATTC is the body established by the Antigua Convention to be responsible for the management and conservation of the fishery resources in the Antigua Convention area. It adopts conservation and management measures to ensure the long-term conservation and sustainable use of the fish stocks covered by the Convention. The Meeting of the Parties to the AIDCP is the body established by the AIDCP to ensure the long-term sustainability of living marine resources associated with purse-seine tuna fisheries in the Antigua Convention area. The IATTC has significant responsibilities for the implementation of measures adopted by the Meeting of the Parties to the AIDCP, and provides the secretariat of the AIDCP. Measures adopted by the IATTC and the Meeting of the Parties to the AIDCP may become binding on the Union. As a member of the IATTC and the Meeting of the Parties to the AIDCP, the Union has participation and voting rights. The IATTC and the Meeting of the Parties to the AIDCP take their decisions by consensus. 2.3.Decisions adopted by the IATTC and the Meeting of the Parties to the AIDCP The IATTC has the authority to adopt conservation and management measures (‘resolutions’) for the fisheries under its purview and these are binding on the contracting parties. In accordance with Article IX.7 of the Antigua Convention, resolutions enter into force 45 days after the date on which the contracting parties are notified of them by the IATTC. The Meeting of the Parties to the AIDCP has the authority to adopt decisions to achieve the objectives of the AIDCP. Such decisions are binding on the contracting parties upon adoption. 3.Position to be taken on the Union’s behalf The position to be adopted on behalf of the Union at the annual meetings of regional fisheries management organisations (RFMOs) is currently established according to a twotier approach. A Council Decision sets out the guiding principles and orientations of the Union’s position on a multiannual basis and it is subsequently adjusted for each annual meeting by Commission nonpapers to be discussed in the Council Working Party.

For the IATTC, this approach is implemented by Council Decision 10126/14 of 23 May 2014, which sets out the Union’s position in the IATTC and the Meeting of the Parties to the AIDCP for the period 2014-2018. The Decision contains general principles and orientations, but also takes into account to the extent possible the specificities of the IATTC and AIDCP. In addition, it sets out the standard process for establishing the Union’s position year by year, as requested by Member States. Decision 10126/14 provides for a review of the Union’s position before the 2019 annual meeting. Therefore, this proposal sets out the Union’s position in the IATTC for the period 20192023, thereby replacing Decision 10126/14. Decision 10126/14 incorporated 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, also taking into account the objectives set in the Commission Communication on the external dimension of the CFP. Moreover, it adjusted the Union’s position to the Lisbon Treaty. The current revision takes account, in connection with impacts of fishing, of the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a European strategy for plastics in a circular economy, the Joint Communication by the High Representative of the Union for Foreign Affairs and Security Policy and the Commission on International ocean governance: an agenda for the future of oceans and the Council conclusions on that Joint Communication. 4.Legal basis 4.1.Procedural legal basis 4.1.1.Principles Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions 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, with the exception of acts supplementing or amending the institutional framework of the agreement’. ‘Acts having legal effects’ include acts that have legal effects by virtue of the rules of international law governing the body in question, and instruments that do not have a binding effect under international law, but are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’. 4.1.2.Application to the present case The IATTC and the Meeting of the Parties to the AIDCP are bodies set up by an agreement, namely the Antigua Convention and the AIDCP. The acts that the IATTC and the Meeting of the Parties to the AIDCP are called upon to adopt constitute acts having legal effects. The envisaged acts are to be binding under international law in accordance with Article IX of the Antigua Convention and Article VII of the AIDCP, and are capable of decisively influencing the content of EU legislation, including: ·Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing; ·Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy; and ·Council Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets. The envisaged acts do not supplement or amend the institutional framework of the Antigua Convention or the AIDCP. Therefore, the procedural legal basis for the proposed Decision is Article 218(9) TFEU. 4.2.Substantive legal basis 4.2.1.Principles The substantive legal basis for a Decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union’s behalf. If that act pursues two aims or has two components, and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the Decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

4.2.2.Application to the present case The main objective and content of the envisaged act relate to fisheries. Regulation (EU) No 1380/2013 is the legal basis setting out the principles to be reflected in this position. Therefore, the substantive legal basis of the proposed Decision is Article 43(2) TFEU. The Decision is to replace Decision 10126/14, which covers the period 2014-2018. 4.3.Conclusion The legal basis of the proposed Decision should be Article 43(2) TFEU, in conjunction with Article 218(9) TFEU. 2019/0064 (NLE) Proposal for a COUNCIL DECISION concerning the position to be taken on behalf of the European Union in the Inter-American Tropical Tuna Commission and the Meeting of the Parties to the Agreement on the International Dolphin Conservation Programme and repealing Decision 10126/14 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)By Council Decision 2006/539/EC, the European Union concluded 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 (Antigua Convention), which established the Inter-American Tropical Tuna Commission (IATTC). (2)The IATTC is the body established by the Antigua Convention responsible for the management and conservation of the fishery resources of the Antigua Convention Area. The IATTC adopts conservation and management measures to ensure the long-term conservation and sustainable use of the fish stocks covered by this Convention. Such measures may become binding upon the Union. (3)By Council Decision 2005/938/EC, the European Union approved the Agreement on the International Dolphin Conservation Programme (AIDCP), which established the Meeting of the Parties to the International Dolphin Conservation Programme. Article XIV of the Antigua Convention, provides for the IATTC to have an integral role in coordinating the implementation of the AIDCP and implementing the measures that are adopted within the framework of the AIDCP. The Secretariat of the AIDCP is provided by the IATTC. (4)The Meeting of the Parties to the AIDCP is the body established by the AIDCP to promote the progressive reduction of incidental dolphin mortalities in the tuna purse-seine fishery in the Antigua Convention area to levels approaching zero. The Meeting of the Parties to the AIDCP adopts decisions to ensure the long-term sustainability of living marine resources associated with the purse-seine tuna fishery in the Antigua Convention area. Such measures may become binding upon the Union. (5)Regulation (EU) No 1380/2013 of the European Parliament and of the Council provides that the Union is to 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 is to apply the precautionary approach to fisheries management, and is to 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 further provides that the Union is to take management and conservation measures based on best available scientific advice, to support the development of scientific knowledge and advice, to gradually eliminate discards and to promote fishing methods that contribute to more selective fishing and the avoidance and reduction, as far as possible, of unwanted catches, to fishing with low impact on marine ecosystem and fishery resources. Besides, Regulation (EU) No 1380/2013 specifically provides that those objectives and principles are to be applied by the Union in the conduct of its external fisheries relations. (6)As stated in the Joint communication by the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission on International ocean governance: an agenda for the future of oceans, and the Council conclusions on that Joint communication, the promotion of measures to support and enhance the effectiveness of regional fisheries management organisations (RFMOs) and, where relevant, improve their governance is central to the Union’s action in these fora. (7)The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a European Strategy for Plastics in a Circular Economy, refers to specific measures to reduce plastics and marine pollution as well as the loss or abandonment at sea of fishing gear.