Proposal for a Council Decision on the establishment of the Community position to be adopted in the Commission for the Conservation of Southern Bluefin Tuna
Date: 2009-09-11
Institutions: European Commission
Subjects: conservation of fish stocks, fishery management, fishing controls, fishing regulations, fishing rights, management of resources, protected species, sea fish

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.9.2009 
COM(2009) 470 final 

Proposal for a 

COUNCIL DECISION 

on the establishment of the Community position to be adopted in the Commission for the 
Conservation of Southern Bluefin Tuna 

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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  and  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 Commission for the Conservation of Southern Bluefin Tuna. This proposal follows the 
same  approach  as  for  other  Regional  Fisheries  Management  Organisations  so  as  to  ensure 
consistency. 

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Proposal for a 

COUNCIL DECISION 

on the establishment of the Community position to be adopted in the Commission for the 
Conservation of Southern Bluefin Tuna 

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. 

The  Commission  for  the  Conservation  of  Southern  Bluefin  Tuna  (CCSBT)  was 
established  by  the  Convention  for  the  Conservation  of  Southern  Bluefin  Tuna.  The 
European Community has been a Cooperating Non-Member of the CCSBT since 2007 
and, in line with the CCSBT Resolution to Establish the Status of Co-operating Non-
Member of the Extended Commission and the Extended Scientific Committee adopted 
in  2003,  is  bound  to  implement  its  decisions.  The  CCSBT  may,  on  the  basis  of 
scientific evidence, make decisions designed to maintain the populations of southern 
bluefin tuna at levels which will ensure the long-term sustainability of those 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. 

1 

OJ L 358, 31.12.2002, p. 59 

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HAS DECIDED AS FOLLOWS:  

Article 1 

The  position  to  be  adopted  on  behalf  of  the  Community  in  the  Commission  for  the 
Conservation  of  Southern  Bluefin  Tuna  when  that  Commission  is  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 Commission for the Conservation of Southern Bluefin Tuna in 
2014. 

Done at Brussels,  

For the Council 
The President 

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The Community position in the Commission for the Conservation of Southern Bluefin 
Tuna 

ANNEX  

1. 

PRINCIPLES 

In the framework of the CCSBT, 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  southern  bluefin  tuna,  to 
promote  the  gradual  implementation  of  an  ecosystem-based  approach  to  fisheries 
management, and to minimise the impact of fishing activities on marine eco-systems, 
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  CCSBT  measures  are  in  accordance  with  the  objectives  of  the  CCSBT 
Convention; 

ensure that CCSBT 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 CCSBT: 

a) 

b) 

stringent conservation and management measures for southern bluefin tuna allowing 
for  its  long  term  sustainability  and  taking  into  account  the  best  scientific  advice 
available, through TAC and quotas system. Where necessary, specific measures for 
stocks  which  suffer  from  overfishing  shall  be  considered  in  order  to  avoid  any 
increase of fishing activities; 

measures  to  control  fishing  effort  to  ensure  that  it  is  commensurate  with  fishing 
opportunities available; 

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c) 

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

d) 

enhanced measures to combat IUU activities. 

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