Proposal for a Council Decision on the approval of amendments to the Convention on future multilateral co-operation in the North-East Atlantic Fisheries allowing for the establishment of a dispute settlement procedures, the extension of the scope of the Convention and a review of the objectives of the Convention
Date: 2008-08-13
Institutions: European Commission
Subjects: Atlantic Ocean, Dispute Settlement Body, conservation of fish stocks, fishing area, fishing controls, international convention, international cooperation

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.8.2008 
COM(2008) 512 final 

2008/0166 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the approval of amendments to the Convention on future multilateral co-operation in 
the North-East Atlantic Fisheries allowing for the establishment of a dispute settlement 
procedures, the extension of the scope of the Convention and a review of the objectives 
of the Convention 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Objectives of the proposal: 

The Contracting Parties to the Convention on future multilateral co-operation in the 
North-East  Atlantic  Fisheries  (the  Convention)  adopted  an  amendment  to  the 
Convention at the 23rd Annual Meeting in November 2004 allowing the North-East 
Atlantic  Fisheries  Commission  (NEAFC)  to  adopt  Recommendations  establishing 
procedures  for  the  settlement  of  disputes  arising  from  the  Convention.  By  a  postal 
vote, on 11 August 2006, they adopted an amendment to the Convention whereby the 
scope  of  the  Convention  was  extended  to  include  sedentary  species  and  the 
objectives of the Convention were reviewed. 

The  proposal  intends  to  implement  the  aforementioned  amendments  to  the 
Convention in Community legislation. 

General context: 

Developments  in  other  international  fora  for  fisheries  management  that  have  effect 
on fisheries in the NEAFC Convention area have been cited in the introductory part 
of the Convention. 

New definitions have been introduced to create more clarity 

Sedentary  species  are  harvested  or  affected  by  fisheries  and  have  therefore  been 
introduced in the scope of the Convention. 

The  Convention  provides  that  NEAFC  shall  perform  its  functions  in  the  interest  of 
the  conservation  and  optimum  utilisation  of  fishery  resources.  In  addition  to  these 
objectives, it has been introduced that NEAFC shall perform its functions taking into 
consideration  that  long-term  management and  the  management  of  fishery  resources 
should provide sustainable economic, environmental and social benefits.  

According to the Convention, NEAFC shall in performing its functions take account 
of the best scientific evidence available to it. In addition it has been introduced that 
in  fulfilling  its  objectives,  the  Contracting  Parties  shall  take  into  account  the 
precautionary  approach,  the  ecosystem  approach  and  the  need  to  conserve  marine 
biological diversity.  

The possibility to introduce a dispute settlement procedure under the Convention has 
been  introduced.  This  will  allow  the  Contracting  Parties  to  establish  a  dispute 
settlement procedure which would allow for an expeditious way of resolving disputes 
as  well  as  allowing  the  possibility  of  resolving  disputes  in  accordance  with  the 
United Nations Convention on the Law of the Sea of 10 December 19821 as well as 
the Agreement for the implementation of the Provisions of the United Nations on the 

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OJ L 179, 23.6.1998, p. 1 

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Law of the Sea of 10 December 1982 relating to the Conservation and Management 
of Straddling Stocks and Highly Migratory Fish Stocks of 4 August 19952. 

Existing provisions in the area of the proposal: 

The  Convention  on  future  multilateral  co-operation  in  the  North-East  Atlantic 
Fisheries (the Convention), was signed in London on 18 November 1980 and entered 
into force on 17 March 1982. The Community acceded to the Convention on 13 July 
1981.3 

The Convention established a Regional Fisheries Management Organisation (RFMO) 
with  the  aim  of  promoting  the  conservation  and  optimum  utilisation  of  fisheries 
resources of the North-East Atlantic within a framework appropriate to the regime of 
extended  Coastal  State  jurisdiction  over  fisheries,  and  accordingly  of  encouraging 
international co-operation and consultations with respect to resources. 

Consistency with other policies and objectives of the Union: 

The  measures  proposed  are  designed  to  harmonise  with  the  objectives  of  the 
Common  Fisheries  Policy  and  are  consistent  with  the  Community's  policy  on 
sustainable development. 

2. 

CONSULTATIONS  OF 
ASSESSMENT 

INTERESTED 

PARTIES  AND 

IMPACT 

Consultations of interested parties: 

Consultations  have  taken  place  with  Member  States  and  legal  experts  of  the 
Contracting Parties to the Convention. 

Impact assessment: 

Not applicable. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal basis: 

Article  37,  in  conjunction  with  Article  300(2)  and  the  first  subparagraph  of 
Article 300(3), of the EC Treaty. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no implications for the Community budget. 

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OJ L 189, 3.7.1998, p. 14 
OJ L 227, 12.8.1981, p. 21 

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2008/0166 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the approval of amendments to the Convention on future multilateral co-operation in 
the North-East Atlantic Fisheries allowing for the establishment of a dispute settlement 
procedures, the extension of the scope of the Convention and a review of the objectives 
of the Convention 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission4, 

Having regard to the opinion of the European Parliament5, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Convention  on  future  multilateral  co-operation  in  the  North-East  Atlantic 
Fisheries (the Convention), was signed in London on 18 November 1980 and entered 
into force on 17 March 1982. 

The European Community acceded to the Convention on 13 July 19816. 

According  to  Article  19(2)  of  the  Convention  an  amendment  of  the  Convention 
requires  that  three  quarters  of  the  Contracting  Parties  adopt  the  amendment.  In 
accordance with Article 19 (3) of the Convention, an amendment will take effect 120 
days  following  the  date  of  notification  by  the  Depositary  of  receipt  of  written 
notification of approval of three quarters of all Contracting Parties. 

The Contracting Parties to the Convention adopted an amendment to the Convention at 
the 23rd  Annual  Meeting  of  the  North-East Atlantic Fisheries Commission (NEAFC) 
in  November  2004  allowing  NEAFC  to  adopt  Recommendations  establishing 
procedures for the settlement of disputes arising from the Convention. 

By postal vote on 11 August 2006 the Contracting Parties to the Convention adopted 
an amendment to the Convention whereby the scope of the Convention is extended so 
as  to  include  sedentary  species  and  the  objectives  of  the  Convention  are  broadened. 
The  Convention  was  also  amended  so  as  to  mention  developments  in  other 

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OJ C , , p. . 
OJ C , , p. . 
OJ L 227, 12.8.1981, p. 21. 

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(6) 

(7) 

(8) 

international fora for fisheries management that have effect on fisheries in the NEAFC 
Convention area, and certain new definitions were introduced. 

Sedentary species are harvested or affected by fisheries and it is therefore appropriate 
to include those species in the scope of the Convention. 

The Convention provides that NEAFC shall perform its functions in the interest of the 
conservation  and  optimum  utilisation  of  fishery  resources.  In  addition  to  these 
objectives, it is  important to underline  the  importance of long-term  management and 
that  the  management  of  fishery  resources  should  provide  sustainable  economic, 
environmental and social benefits. It is therefore appropriate to include these elements 
as objectives in the Convention. 

According to the Convention, NEAFC shall in performing its functions take account 
of  the  best  scientific  evidence  available  to  it.  In  fulfilling  the  objectives,  it  is  also 
important  to  take  into  account  the  precautionary  approach,  the  ecosystem  approach 
and  the  need  to  conserve  marine  biological  diversity.  It  is  therefore  appropriate  that 
NEAFC  also  take  the  aforementioned  elements  into  account  in  performing  its 
functions. 

(9) 

A  dispute  settlement  procedure  established  under  the  Convention  might  allow  the 
expeditious settlement of disputes, which would be in the interest of the Community. 

(10)  Furthermore,  such  a  procedure  would  help 

the  strengthening  and 
modernisation  of  regional  fisheries  management  organisations,  and  in  particular  of 
NEAFC, and thereby ensure the long-term sustainability of the fisheries in the North-
East Atlantic. 

towards 

(11)  The  proposed  amendments  to  the  Convention  would  help  the  Community  towards 

fulfilling the objectives of the EC Treaty. 

(12) 

In  the  light  of  the  fishing  possibilities  accruing  to  the  Community  under  the 
Convention,  it  is  therefore  in  the  Community's  interest  to  approve  the  proposed 
amendments, 

HAS DECIDED AS FOLLOWS:  

Article 1 

The amendments to the Convention on Future Multilateral Cooperation in North-East Atlantic 
Fisheries  set  out  in  the  annex  to  the  present  Decision  are  hereby  approved  on  behalf  of  the 
Community. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  empowered  to 
notify  the  Depositary  Government  of  the  Community's  approval  in  accordance  with 
Article 19(3)  of  the  Convention  on  Future  Multilateral  Cooperation  in  North-East  Atlantic 
Fisheries. 

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Article 3 

This Decision shall take effect on the day of its adoption. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

The  Convention  on  future  multilateral  co-operation  in  the  North-East  Atlantic  Fisheries  is 
amended as follows: 

1. 

In the preamble, a new second paragraph is inserted as follows: 

"Recognising the relevant provisions of the United Nations Convention on the Law 
of  the  Sea  of  10  December  1982;  the  Agreement  for  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,  1995;  the  Agreement  to  Promote  Compliance  with 
International  Conservation  and  Management  Measures  by  Fishing  Vessels  on  the 
High  Seas,  1993  and  taking  into  account  the  Code  of  Conduct  for  Responsible 
Fisheries adopted by the 28th Session of the Conference of the Food and Agriculture 
Organisation of the United Nations in October 1995." 

2. 

In the preamble the third paragraph is replaced by the following: 

"Desiring  to  promote  the  long-term  conservation  and  optimum  utilisation  of  the 
fishery  resources  of  the  North-East  Atlantic  area,  and  in  doing  so  to  safeguard  the 
marine  ecosystems  in  which  the  resources  occur,  and  accordingly  to  encourage 
international cooperation and consultation with respect to these resources." 

3. 

Article 1 is replaced by the following: 

"Article 1 

For the purpose of this Convention the following definitions apply: 

(1) 

“The Convention Area” means the areas 

(a) 

within  those  parts  of  the  Atlantic  and  Arctic  Oceans  and  their 
dependent seas which lie north of 36° north latitude and between 42° 
west longitude and 51° east longitude, but excluding: 

– 

– 

the  Baltic  Sea  and  the  Belts  lying  to  the  south  and  east  of 
lines  drawn  from  Hasenore  Head  to  Gniben  Point,  from 
Korshage  to  Spodsbierg  and  from  Gilbierg  Head  to  the 
Kullen, and 

the  Mediterranean  Sea  and  its  dependent  seas  as  far  as  the 
point  of  intersection  of  the  parallel  of  36°  latitude  and  the 
meridian of 5°36' west longitude  

(b) 

within that part of the Atlantic Ocean north of 59° north latitude and 
between 44° west longitude and 42° west longitude. 

(2) 

“Fishery  resources”  means  resources  of  fish,  molluscs,  crustaceans  and 
including  sedentary  species,  excluding,  in  so  far  as  they  are  dealt  with  by 
other international agreements, highly migratory species listed in Annex I of 

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the United Nations Convention on the Law of the Sea of 10 December 1982, 
and anadromous stocks;  

“Living  marine  resources”  means  all 
ecosystems; 

living  components  of  marine 

“Marine  biological  diversity”  means  the  variability  among  marine  living 
organisms and the ecological complexes of which they are part; this includes 
diversity within species, between species and of ecosystems." 

(3) 

(4) 

4. 

Article 2 is replaced follow by the following: 

"Article 2 

The  objective  of  this  Convention  is  to  ensure  the  long-term  conservation  and  optimum 
utilisation of  the  fishery  resources in  the Convention Area, providing sustainable economic, 
environmental and social benefits." 

5. 

Article 4 is replaced by the following: 

"Article 4 

(1) 

The Commission shall perform its functions in order to fulfil the objective set 
out in Article 2. 

(2)  When  making  recommendations  in  accordance  with  Article  5  or  6  of  this 

Convention the Commission shall in particular: 

(a) 

ensure  that  such  recommendations  are  based  on  the  best  scientific 
evidence available;  

(b) 

apply the precautionary approach; 

(c) 

take  due  account  of  the  impact  of  fisheries  on  other  species  and 
marine  ecosystems,  and  in  doing  so  adopt,  where  necessary, 
conservation  and  management  measures  that  address  the  need  to 
minimise  harmful  impacts  on  living  marine  resources  and  marine 
ecosystems; and 

(d) 

take due account of the need to conserve marine biological diversity. 

(3) 

The  Commission  shall  provide  a  forum  for  consultation  and  exchange  of 
information on the state of the fishery resources in the Convention Area and 
on  the  management  policies,  including  examination  of  the  overall  effects  of 
such policies on the fishery resources and, as appropriate, other living marine 
resources and marine ecosystems." 

6. 

In  Articles  5,  6,  8,  9,  12,  13,  15,  18  and  20  "fisheries  jurisdiction"  is  replaced  by 
"jurisdiction". 

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7. 

A new Article 18 bis is inserted after Article 18 as follows: 

"Article 18 bis 

The  Commission  shall  make  recommendations  establishing  procedures  for  the 
settlement of disputes arising under this Convention." 

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