2006/539/EC: Council Decision of 22 May 2006 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
Date: 2006-05-22
Institutions: Council of the European Union
Subjects: Costa Rica, European Union, United States, accession to an agreement, conservation of fish stocks, fishery management, international convention, law of the sea, sea fish

L 224/22

EN

Official Journal of the European Union

16.8.2006

COUNCIL DECISION

of 22 May 2006

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

(2006/539/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

The Community has exclusive competence to adopt mea-
sures for the conservation and management of fishery
resources and to enter into agreements with other coun-
tries and international organisations.

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.

On 19 December 2003 the Community signed and rati-
fied the Agreement on the implementation of the provi-
sions 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).

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

(5)

(6)

(7)

(8)

(9)

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 Con-
vention 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.

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.

The Community signed the Antigua Convention on
13 December 2004, in conformity with Council Decision
2005/26/EC (3).

Community fishermen operate in the Antigua Convention
area. It is thus in the Community’s interest to become a
member of the IATTC. The Community should therefore
approve the Antigua Convention.

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 par-
ties to that Convention. Therefore, in accordance with the
spirit of Council Decision 1999/405/EC of 10 June 1999
authorising the Kingdom of Spain to accede to the Con-
vention establishing the Inter-American Tropical Tuna
Commission on a temporary basis (4), 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.

(1) Assent of 27 April 2006 (not yet published in the Official Journal).
(2) OJ L 189, 3.7.1998, p. 14.

(3) OJ L 15, 19.1.2005, p. 9.
(4) OJ L 155, 22.6.1999, p. 37.

16.8.2006

EN

Official Journal of the European Union

L 224/23

The text of the Convention is attached to this Decision.

Article 3

Article 2

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

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 Deposi-
tary of the Convention in Accordance with Article XXXVII
thereof.

Done at Brussels, 22 May 2006.

For the Council
The President
J. PRÖLL