on the conclusion, on behalf of the European Union, of the Protocol to amend the International Convention for the Conservation of Atlantic Tunas

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The International Convention for the Conservation of Atlantic Tunas (ICCAT Convention) aims, by establishing the ICCAT, to promote cooperation in maintaining the populations of tuna and tunalike fish in the Atlantic Ocean at levels that permit the maximum sustainable catch for food and other purposes. The Convention entered into force on 21 March 1969. The Union is a party to the Convention, having approved it pursuant to the Council Decision of 9 June 1986.

The International Commission for the Conservation of Atlantic Tunas (ICCAT Commission) is the body established by the ICCAT Convention for the conservation and management of the species under its purview. The ICCAT Commission has the authority to adopt recommendations that are binding on the Contracting Parties. As a Contracting Party to the ICCAT Convention, the Union is a Member of the ICCAT Commission where it has participation and voting rights.

In order to improve its effectiveness and strengthen the conservation and management of species under its purview, the ICCAT Commission has agreed on the need to amend the Convention. On 13 May 2013, the Council authorised the Commission to negotiate, on behalf of the European Union, amendments to the Convention.

From 2013 to 2018, discussions have taken place within the ICCAT Commission on the changes that are needed to the Convention. As a result, a Protocol has been drafted to amend to the Convention. The main amendments, once in force, will:

(1)broaden the scope of the Convention as regards shark conservation and management;

(2)clarify voting rules and quorum in the ICCAT Commission, in particular majority requirements in situations where consensus cannot be achieved;

(3)define the principles according to which the ICCAT Commission and its Members shall act in conducting work under the ICCAT Convention;

(4)shorten the entry into effect period for recommendations adopted by the ICCAT Commission from six to four months after notification to ICCAT Members;

(5)clarify the use of the objection procedure for recommendations adopted by the ICCAT Commission;

(6)enable the enhanced participation of Cooperating Non-Contracting Parties and fishing entities in the work of the ICCAT Commission; and

(7)introduce an ICCAT dispute settlement mechanism which is voluntary, but the outcome of which will be final and binding on the parties that have recourse to it.

The amendment of the Convention is also used as an opportunity to eliminate slight variations between the English, French and Spanish language versions of the Convention, each version being equally authentic. The Protocol therefore captures all provisions that are to be amended in any one of the three language versions.

The Protocol will be adopted by the Contracting Parties at the 28th Regular meeting of the ICCAT Commission from 18 to 25 November 2019.

The present proposal is for a Council Decision to authorise the conclusion, on behalf of the Union, of the Protocol.

The Protocol forms part of a wider package that also includes:

(8)a Resolution by ICCAT regarding participation by fishing entities under the amended ICCAT Convention. This Resolution clarifies Convention amendments on non-party participation in particular that Chinese Taipei is the fishing entity that is intended to be covered by the Annex 2 on Fishing Entities, which is added to the Convention by Article 11 of the Protocol; and