Proposal for a Council Decision on the establishment of the Community position to be adopted in the Indian Ocean Tuna Commission
Date: 2009-03-11
Institutions: European Commission
Subjects: EU Member State, EU waters, Indian Ocean, authorised catch, fishery management, fishing area, fishing regulations, sea fish

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.3.2009 
COM(2009) 123 final 

Proposal for a 

COUNCIL DECISION 

on the establishment of the Community position 
to be adopted in the Indian Ocean Tuna Commission 

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EXPLANATORY MEMORANDUM 

According to article 300(2), second subparagraph of  the  EC Treaty, where bodies set up by 
international  agreements  are  called  upon  to  adopt  decisions  having  legal  effects,  except  for 
decisions  supplementing  or  amending  the  institutional  framework  of  the  agreements 
concerned,  the  Community  position  relating  to  such  decisions  shall  be  established  by  the 
Council on a proposal by the Commission. 

In  view  of  this  obligation,  and  following  a  similar  proposal  on  establishing  a  Community 
position in the ICCAT (Council Decision for the establishment of the Community position in 
the  International  Commission  for  the  Conservation  of  Atlantic  Tuna  of  11  November  2008, 
Doc.  14863/08,  PECH  278  RESTREINT),  the  European  Commission  proposes  the  present 
decision to determine the Community position in the Indian Ocean Tuna Commission (IOTC). 
This  proposal  follows  the  same  approach  as  the  Council  decision  for  the  ICCAT,  so  as  to 
ensure  consistency  within  Community  positions  in  various  Regional  Fisheries  Management 
Organisations. 

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Proposal for a 

COUNCIL DECISION 

on the establishment of the Community position 
to be adopted in the Indian Ocean Tuna Commission 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

Article 33 of the EC Treaty, in conjunction with Article 32 thereof, provides that one 
of  the  objectives  of  the  Common  Fisheries  Policy  is  to  assure  the  availability  of 
supplies.  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the 
conservation  and  sustainable  exploitation  of  fisheries  resources  under  the  Common 
Fisheries Policy provides that the Community shall apply the precautionary approach 
in  taking  measures  designed  to  protect  and  conserve  living  aquatic  resources,  to 
provide  for  their  sustainable  exploitation  and  to  minimise  the  impact  of  fishing 
activities  on  marine  eco-systems.  It  also  provides  that  the  Community  shall  aim  at  a 
progressive 
fisheries 
implementation  of  an  eco-system-based  approach 
management,  and  aim  to  contribute  to  efficient  fishing  activities  within  an 
economically  viable  and  competitive  fisheries  and  aquaculture  industry,  providing  a 
fair  standard  of  living  for  those  who  depend  on  fishing  activities  and  taking  into 
account the interest of consumers. 

to 

The  European  Community  is  a  Contracting  Party  to  the  Agreement  establishing  the 
Indian  Ocean  Tuna  Commission  (IOTC)  within  the  framework  of  the  Food  and 
Agriculture  Organisation  of  the  United  Nations.  The  IOTC  may,  on  the  basis  of 
scientific  evidence,  adopt  measures  designed  to  maintain  the  populations  of  highly 
migratory fish stocks (tuna and tuna-like fishes) that may be taken in Indian Ocean and 
adjacent seas, north of the Antarctic Convergence area at levels which will ensure the 
long-term sustainability of such stocks, 

Pursuant to the second sub-paragraph of Article 300 (2) of the EC Treaty, the position 
of the Community in bodies set up by regional fisheries agreements which are called 
upon  to  adopt  decisions  having  legal  effects  (but  not  modifying  the  institutional 
framework  of  the  agreements  concerned)  must  be  adopted  by  qualified  majority  by 
Council decision, on a proposal from the Commission. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  adopted  on  behalf  of  the  Community  in  the  Indian  Ocean  Tuna 
Commission when that Commission is called upon to adopt decisions having legal effects is 
set out in the Annex to this Decision. 

Article 2 

This  Decision  shall  be  assessed  and,  where  appropriate,  revised  by  the  Council  upon  a 
proposal from the Commission, at the latest for the annual meeting of the Indian Ocean Tuna 
Commission in 2014. 

Done at Brussels,  

For the Council 
The President 

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The Community position in the Indian Ocean Tuna Commission 

ANNEX  

1. 

PRINCIPLES 

In the framework of the IOTC, the European Community shall: 

(a) 

(b) 

(c) 

(d) 

(e) 

act  in  accordance  with  the  objectives  pursued  by  the  Community  within  the 
framework of the Common Fisheries Policy, notably through the precautionary 
approach to provide for the sustainable exploitation of species regulated by the 
IOTC, to promote the gradual implementation of an ecosystem-based approach 
to  fisheries  management,  and  to  minimise  the  impact  of  fishing  activities  on 
marine  eco-system,  as  well  as  through  the  promotion  of  economically  viable 
and  competitive  Community  fisheries,  providing  a  fair  standard  of  living  for 
those  who  depend  on  fishing  activities  and  taking  account  of  the  interests  of 
consumers; 

ensure that IOTC measures are in accordance with the objectives of the IOTC 
Agreement; 

ensure  that  IOTC  measures  are  consistent  with  international  law,  and  in 
particular with the provisions of the UN Convention on the Law of the Sea, the 
UN  Agreement  relating  to  the  Conservation  and  Management  of  Straddling 
Fish Stocks and Highly Migratory Fish Stocks and the Agreement to promote 
compliance  with  international  conservation  and  management  measures  by 
fishing vessels on the high seas; 

promote  consistent  positions  within  Regional  Fisheries  Management 
Organisations; 

seek  synergy  with  the  policy  that  the  Community  is  pursuing  as  part  of  its 
bilateral  fishery  relations  with  third  countries,  and  ensure  coherence  with  its 
external relations policy; 

(f) 

ensure that the Community's international commitments are respected. 

2. 

ORIENTATIONS 

The European Community shall, where appropriate, endeavour to support the adoption of the 
following actions by the IOTC: 

(a) 

stringent  conservation  and  management  measures  for  fisheries  resources 
allowing for their long term sustainability taking into account the best scientific 
advice  available,  for  purse  seine  vessels  catching  big  eye,  yellowfin  and 
skipjack tuna, as well as equivalent measures for longline vessels targeting tuna 
or swordfish stocks; 

(b)  measures  to  control  fishing  effort  to  ensure  that  it  is  commensurate  with  the 

available fishing opportunities; 

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(c) 

(d) 

(e) 

(f) 

(g) 

measures  to  minimise  the  impact  of  fishing  activities  on  non  target  species, 
notably sharks 

the  development  and  implementation  of  monitoring,  control  and  surveillance 
measures, concerning inter alia, port State measures; 

enhanced  measures  to  combat  IUU  activities,  in  particular  binding  market-
related measures to promote compliance by non Members; 

development  of  common  approaches  with  other  Regional  Fisheries 
Management  Organisations,  including  the  Western  and  Central  Pacific 
Fisheries Commission and the International Commission for the Conservation 
of Atlantic Tunas; 

continued  modernisation  of  the  IOTC  following  the  performance  review, 
including its reform and the creation of an independent body from the United 
Nations framework. 

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