1999/386/EC: Council Decision of 7 June 1999 on the provisional application by the European Community of the Agreement on the International Dolphin Conservation Programme
Date: 1999-06-07
Institutions: Council of the European Union
Subjects: interim agreement (EU), international agreement, marine mammal, protection of animal life

12. 6. 1999

EN

Official Journal of the European Communities

L 147/23

COUNCIL DECISION

of 7 June 1999

on the provisional application by the European Community of the Agreement on
the International Dolphin Conservation Programme

(1999/386/EC)

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 Article 300(2) and the first
subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

(1) Whereas the Community is competent to adopt
measures for the conservation and management of
fisheries resources and to enter into agreements
with other countries or international organisations;

(2) Whereas the Community has signed the United
Nations Convention on the Law of the Sea, which
international
requires
community
and
to cooperate
managing the sea’s biological resources;

in conserving

all members

the

of

(3) Whereas the Community has signed the Agree-
ment on the implementation of the provisions of
the United Nations Convention on the Law of the
Sea of 10 December 1982, relating to the Conserva-
tion and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks;

(4) Whereas the 35th Intergovernmental meeting on
the conservation of
tunas and dolphins in the
Eastern Pacific Ocean adopted in February 1998
the Agreement on the International Dolphin
Conservation Programme;

(5) Whereas the objectives of the Agreement include
incidental dolphin
the progressive reduction of
mortalities in the tuna purse-seine fishery in the
Eastern Pacific Ocean to levels approaching zero,
through the setting of annual limits and the long-
term sustainability of the tuna stocks in the Agree-
ment Area;

(6) Whereas Community fishermen fish tuna stocks in
the Agreement Area and it is in the Community’s
interest to play an effective role in the implementa-
tion of the Agreement;

(7) Whereas the Council decided on 26 April 1999
that the Community should sign the Agreement on
the International Dolphin Conservation Program-
me;

Tuna

(8) Whereas under Article XIV of the Agreement, the
Inter-American
Commission
Tropical
(IATTC) is to have an integral role in coordinating
the implementation of the Agreement and many
implementing measures will be adopted within the
framework of the IATTC; whereas it is therefore
necessary for the Community to accede to the
IATTC as soon as possible;

(9) Whereas the Community has already started the
procedure for accession to that organisation but
such accession could be delayed for
technical
reasons; whereas it is therefore necessary to apply
the Agreement on the International Dolphin
Conversation Programme provisionally in order to
protect the interests of Community vessels fishing
in the region during the interim period;

(10) Whereas the signature and provisional application
of the Agreement are the first stages with a view to
the subsequent approval thereof by the Community
in accordance with the procedures envisaged for
this purpose by the Treaty,

HAS DECIDED AS FOLLOWS:

Article 1

In accordance with Article XXIX thereof, the Agreement
on the International Dolphin Conservation Programme
shall apply provisionally in the European Community
with effect from 1 June 1999.

Article 2

The President of the Council shall designate the person
authorised to notify the provisional application of the
Agreement by the Community to the Government of the
United States of America as Depositary of the Agreement.

Done at Luxembourg, 7 June 1999.

For the Council

The President

E. BULMAHN