Proposal for a Council Decision on the establishment of the Community position to be adopted in the North Atlantic Salmon Conservation Organisation
Date: 2009-05-05
Institutions: European Commission
Subjects: Atlantic Ocean, authorised catch, conservation of resources, fisheries policy, international organisation, sea fish, sea fishing, stock

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.5.2009 
COM(2009) 216 final 

Proposal for a 

COUNCIL DECISION 

on the establishment of the Community position to be adopted in the North Atlantic 
Salmon Conservation Organisation

EN 

   EN 

 
 
 
EXPLANATORY MEMORANDUM 

According to the second subparagraph of Article 300(2) of the EC Treaty, the positions to be 
adopted on behalf of the Community in Regional Fisheries Management Organisations when 
they are called upon to adopt decisions having legal effects, with the exception of decisions 
supplementing or amending their institutional framework, must be decided on by the Council, 
acting by a qualified majority on a proposal from the Commission. 

In view of this obligation, and following similar Council Decisions regarding the International 
Commission  for  the  Conservation  of  Atlantic  Tunas,  the  General  Fisheries  Commission  for 
the  Mediterranean  and  the  Indian  Ocean  Tuna  Commission,  and  similar  proposals  from  the 
European Commission for other Regional Fisheries Management Organisations, the European 
Commission proposes the present decision to establish the Community position to be adopted 
in  the  North  Atlantic  Salmon  Conservation  Organisation.  This  proposal  follows  the  same 
approach  as  for  other  Regional  Fisheries  Management  Organisations  so  as  to  ensure 
consistency. 

EN 

2 

   EN 

 
Proposal for a 

COUNCIL DECISION 

on the establishment of the Community position to be adopted in the North Atlantic 
Salmon Conservation Organisation 

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. Regulation (EC) N° 2371/20021 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  implementation  of  an  eco-system-based 
approach to fisheries 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. 

By Decision (EC) N° 886/822, the European Community approved the Convention for 
the Conservation of Salmon in the North Atlantic Ocean, which established the North 
Atlantic  Salmon Conservation Organisation (NASCO).  Within  the  NASCO  there  are 
three regional commissions which may adopt regulatory measures concerning salmon 
stocks  subject  to  the  Convention.  These  measures  may  become  binding  on  the 
Community. 

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. 

1 
2 

OJ L 358, 31.12.2002, p. 59 
OJ L 378, 31.12.1982, p. 24 

EN 

3 

   EN 

 
                                                 
HAS DECIDED AS FOLLOWS:  

Article 1 

The  position  to  be  adopted  on  behalf  of  the  Community  in  the  commissions  of  the  North 
Atlantic Salmon Conservation Organisation when those commissions are called upon to adopt 
decisions having legal effects is set out in the Annex to this Decision. 

Article 2 

The Community position set out in the Annex to the present 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  commissions  of  the  North  Atlantic  Salmon  Conservation 
Organisation in 2014. 

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN 

 
 
 
 
 
The Community position in the North Atlantic Salmon Conservation Organisation 

ANNEX  

1. 

PRINCIPLES 

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

a) 

b) 

c) 

d) 

e) 

f) 

2. 

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  salmon,  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  NASCO  measures  are  in  accordance  with  the  objectives  of  the 
Convention for the Conservation of Salmon in the North Atlantic Ocean; 

ensure that NASCO 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 
fisheries  relations  with  third  countries,  and  ensure  coherence  with  its  external 
relations policy; 

ensure that the Community's international commitments are respected. 

ORIENTATIONS 

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

a) 

b) 

c) 

stringent  conservation  and  management  measures  allowing  for  the  long  term 
sustainability of salmon resources and taking into account the best scientific advice 
available; 

measures to ensure the protection of vulnerable habitats and the restoration of such 
habitats  that  will  permit  the  re-establishment  of  wild  salmon  stocks  where  they  are 
currently not present; 

the  development  and  introduction  of  measures,  in  association  with  the  salmon 
aquaculture industry, that will minimise the escape of farmed salmon to as close to 
zero as possible; the minimisation of genetic and other biological interactions from 

EN 

5 

   EN 

 
salmon  enhancement  activities, 
the 
including 
minimisation of the risk of transmission of diseases and parasites to the wild salmon 
stocks  from  aquaculture  activities;  protection  against  potential  impacts  from 
transgenic salmonids on wild salmon stocks; 

introductions  and 

transfers; 

d) 

acceptance of applications from responsible fishing countries to join the NASCO. 

EN 

6 

   EN