Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the Northwest Atlantic Fisheries Organisation (NAFO)
Date: 2014-03-11
Institutions: European Commission
Subjects: Atlantic Ocean, North-West Atlantic Fisheries Organisation, catch area, catch quota, conservation of fish stocks, fishery resources, fishing controls, fishing rights, international organisation













EUR-Lex - 52014PC0129 - EN











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52014PC0129

Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the Northwest Atlantic Fisheries Organisation (NAFO) /* COM/2014/0129 final - 2014/0074 (NLE) */









EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
By Regulation (EEC) N°3179/78, the European
Community approved the 1979 Convention on Future Multilateral Co-operation in
Northwest Atlantic Fisheries (the NAFO Convention), which established the
Northwest Atlantic Fisheries Organisation (NAFO) and was subsequently amended
in 2007, ratified by the European Union in 2010. The NAFO is a Regional
Fisheries Management Organisation (RFMO) responsible for the conservation and
management of fisheries in the Northwest Atlantic Ocean. The European Union
became a contracting party to NAFO in 1979.
Pursuant to Article 218(9) of the Treaty on
the Functioning of the European Union, the position to be adopted on behalf of the Union in RFMOs such as
when they are called upon to adopt acts having legal effects, with the
exception of acts supplementing or amending their institutional framework, must
be adopted by Council Decision, on a proposal from the Commission.
Such position within the RFMO is currently
established according to a two tier approach. A Council Decision sets out the
guiding principles and orientations of the Union's position on a multiannual
basis, whereas it is thereafter adjusted for each annual meeting by Commission
non-papers to be discussed in the Council Working Party.
As regards the NAFO, Council Decision 12372/09
of 14 September 2009 provides for a review of the Union's position before the
2014 annual meeting. Therefore, this proposal aims at setting out the Union's position within the NAFO for the period 2014-2019 and thereby replacing Council
Decision 12372/09 of 14 September 2009 which is covering the period 2009-2014.
This revision aims
at incorporating the principles and orientations of the new Common Fisheries
Policy (CFP), as laid down in Regulation (EU) No
1380/2013 of the European Parliament and of the Council[1], taking also into account the objectives of the Commission
Communication on the external dimension of the CFP[2]. Moreover, the Union's position has been adjusted to the Lisbon Treaty. At last, the position has been
aligned to the extent possible taking into account the specificities of the
different RFMOs. 
As it is the case for the current
positions, the following position contains principles and orientations. In
addition, the standard process for the year to year specification of the Union
position has been incorporated as requested by Member States for positions
aligned more recently.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
The external dimension of the CFP was part
of the impact assessment for the CFP reform proposals. The principles and
orientations agreed for the new CFP are simply being transposed into the
revised positions. 
3.           LEGAL ELEMENTS OF THE
PROPOSAL
The following Decision is based on the
Treaty on the Functioning of the European Union, and in particular Article
43(2), in conjunction with Article 218(9) which provides that the Council, on a
proposal from the Commission shall adopt a decision establishing the positions
to be adopted on the Union's behalf in a body set up by an agreement, when that
body is called upon to adopt acts having legal effects. This shall apply to the
position to be adopted by the Commission, on behalf of the Union, in the NAFO. 
Regulation (EU) No 1380/2013 of the
European Parliament and of the Council[3]
is the legal basis setting up the principles to be
reflected in this negotiating mandate. 
The following Decision shall replace
Council Decision 12372/09 which is covering the period 2009-2014, and shall
cover the period 2014-2019. 
2014/0074 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be adopted, on behalf
of the European Union, in the Northwest Atlantic Fisheries Organisation (NAFO)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43(2), in
conjunction with Article 218(9) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       Article 38 of the Treaty
on the Functioning of the European Union, in conjunction with Article 39
thereof, provides that one of the objectives of the Common Fisheries Policy is
to assure the availability of supplies. 
(2)       Regulation (EU) No
1380/2013 of the European Parliament and of the Council[4] provides that the Union
shall ensure that fishing and aquaculture activities are environmentally
sustainable in the long-term and are managed in a way that is consistent with
the objectives of achieving economic, social and employment benefits, and of
contributing to the availability of food supplies. It also provides that the Union shall apply the precautionary approach to fisheries managements, and shall aim to
ensure that exploitation of living marine biological resources restores and
maintains population of harvested species above levels which can produce the
maximum sustainable yield. It also provides that the Union shall aim to take
management and conservation measures based on best available scientific advice,
to promote fishing methods that contribute to more selective fishing and the
avoidance and reduction, as far as possible, of unwanted catches, to fish with
low impact on marine ecosystem and fishery resources and to gradually eliminate
discards. Besides, the regulation specifically provides that these principles
shall be applied by the Union in its external policy. 
(3)       By Regulation (EEC) N°
3179/78[5],
the European Community approved the 1979 Convention on Future Multilateral
Co-operation in Northwest Atlantic Fisheries (the NAFO Convention), which
established the Northwest Atlantic Fisheries
Organisation (NAFO) and was subsequently amended in 2007, ratified by
the European Union in 2010[6].
Within the NAFO, the General Council is responsible for internal affairs and
external relations and the Fisheries Commission is responsible for the adoption
of conservation and enforcement measures designed to ensure the long-term
conservation and sustainable use of the fishery resources in the NAFO Regulatory
Area as defined in the NAFO Convention and to minimise the impact of fishing
activities on marine eco-systems. Such measures may become binding upon the Union.
(4)       In accordance with Article
V.2 of the amended NAFO Convention, the NAFO Fisheries Commission and the NAFO
General Council will merge upon ratification of this Convention to become the
NAFO Commission.
(5)       Pursuant to Article 218(9)
of the Treaty on the Functioning of the European Union,
the position to be adopted on behalf of the Union in
Regional Fisheries Management Organisations when they are called upon to adopt
acts having legal effects, with the exception of acts supplementing or amending
their institutional framework, must be adopted by Council decision, on a
proposal from the Commission.
(6)       In view of the evolving
nature of fishery resources in the NAFO Convention Area and the consequent need
for the position of the Union to take account of new developments, including
new statistical, biological and other information presented before or during
the annual Meeting of the General Council and the
Fisheries Commission of the NAFO (the NAFO Annual
Meeting)   , procedures must be established, in line with the principle of
sincere cooperation among the Union institutions enshrined in Article 13(2)
TEU, for the year-to-year specification of the Union position;
HAS ADOPTED THIS DECISION: 
Article 1
The position to be taken by the European Union in the annual Meeting
of the NAFO when that body is called upon to adopt decisions having legal
effects is set out in Annex I to this Decision.
Article 2
The
year-to-year specification of the Union position to be taken in the annual
Meeting of the NAFO shall be conducted in accordance with Annex II to this
Decision.
Article 3
The Union position set out in Annex I 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 NAFO in 2019.
Article 4
This Decision replaces Council Decision 12372/09 of 14 September
2009. 
Article 5
This Decision shall enter into force on XXX
Done at Brussels,
                                                                       For
the Council
                                                                       The
President   
[1]               Regulation (EU) No 1380/2013 of the European
Parliament and of the Council on the Common Fisheries Policy, amending Council
Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council
Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council decision
2004/585/EC (OJ L 354 of 28/12/2013, p.22).
[2]               COM(2011) 424 of 13.7.2011.
[3]               Regulation (EU) No 1380/2013 of the European
Parliament and of the Council on the Common Fisheries Policy, amending Council
Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council
Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council decision
2004/585/EC (OJ L 354 of 28/12/2013, p.22).
[4]               Regulation (EU) No 1380/2013 of the European
Parliament and of the Council on the Common Fisheries Policy, amending Council
Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council
Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council decision
2004/585/EC (OJ L 354 of 28/12/2013, p.22).
[5]               OJ L 378, 30.12.1978, p. 1
[6]               Council Decision 2010/717/EU of 8 November 2010 on
the approval, on behalf of the European Union, of the Amendment to the
Convention on Future Multilateral Cooperation in the Northwest Atlantic
Fisheries, OJ L 321, 7.12.2010, p. 1–19.
ANNEXES
to the
Proposal for a Council Decision
on the position to be adopted, on
behalf of the European Union, in the Northwest Atlantic Fisheries Organisation
(NAFO)
ANNEX I
The Union position in the Northwest Atlantic Fisheries Organisation 

1.                      
Principles

In the framework of the Northwest Atlantic
Fisheries Organisation (NAFO), the Union shall:
a)           act in
accordance with the objectives pursued by the Union within the framework of the
Common Fisheries Policy, notably through the precautionary approach to provide
for the sustainable exploitation at levels which can produce the maximum
sustainable yield of species regulated by the NAFO, to promote the
implementation of an ecosystem-based approach to fisheries management and limiting
environmental impacts of fishing activities, to avoid and reduce as far as
possible unwanted catches, and gradually eliminate discards, and to minimise
the impact of fishing activities on marine eco-systems, as well as, through the
promotion of economically viable and competitive Union fisheries, to provide a
fair standard of living for those who depend on fishing activities and taking
account of the interests of consumers;
b)           ensure
that measures adopted within the NAFO are in accordance with the objectives of
the NAFO Convention;
c)           ensure
that measures adopted within the NAFO 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; and the 2009 Food and Agriculture Organization Port
State Measures Agreement; 
d)           promote consistent
positions within Regional Fisheries Management Organisations (RFMOs), in
particular within the Atlantic, and, where applicable, with Regional Sea
Conventions in the same area;
e)           seek
synergy with the policy that the Union is pursuing as part of its bilateral
fisheries relations with third countries, and ensure coherence with its other
policies notably in external relations, environment, trade, development,
research and innovation and others;
f)            ensure
that the Union's international commitments are respected;
g)           be in
line with the Council Conclusions of 19 March 2012 on the Commission
Communication on the External dimension of the Common Fisheries Policy[1]. 

2.                      
Orientations

The Union shall, where appropriate,
endeavour to support the adoption of the following actions by the NAFO:
a)           conservation
and management measures for fisheries resources in the NAFO Regulatory Area as
defined in the Convention based on the best scientific advice available,
including Total Allowable Catches (TACs) and quotas or effort regulation for
species regulated by the NAFO, which would bring or maintain the production to
the maximum sustainable yield in 2020 at the latest. Where necessary, specific
measures for stocks which suffer from overfishing shall be considered in order
to keep the fishing effort in line with available fishing opportunities; 
b)           measures
to prevent, deter and eliminate Illegal, Unreported and Unregulated (IUU)
fishing activities in the NAFO Regulatory area, including IUU listing;
c)           monitoring,
control and surveillance measures in the NAFO Regulatory Area in order to
ensure efficiency of control and compliance with measures adopted within the
NAFO ;
d)           measures
to minimize the negative impact of fishing activities on marine biodiversity
and marine eco-systems, including protective measures for vulnerable marine
ecosystems in the NAFO Regulatory Area in line with UNGA Resolutions,
comprising measures to avoid and reduce as far as possible unwanted catches,
especially ecologically related species, and to gradually eliminate discards. 
e)           measures
aimed at the prohibition of fisheries conducted solely for the purpose of
harvesting shark fins and, to require that all sharks be landed with all fins
naturally attached;
f)            development
of common approaches with other RFMOs, in particular those involved in
fisheries management in the Atlantic; 
g)           additional
technical measures based on advice from the NAFO bodies and working groups .
ANNEX II
Year to year specification of the Union position to be taken
at the Northwest Atlantic Fisheries Organisation annual meeting 
Before each annual Meeting of the General Council and the Fisheries Commission of the NAFO (the NAFO Annual Meeting), the necessary steps shall be taken
so that the position to be expressed on the Union's behalf takes account of the
latest statistical, biological and other relevant information transmitted to
the European Commission, in accordance with the principles and orientations set
out in Annex I.
To this effect and based on that
information, the European Commission shall transmit to the Council or to its
preparatory bodies in sufficient time before each NAFO annual Meeting a written
document setting out the particulars of the proposed specification of the Union
position for discussion and endorsement of the details of the position to be
expressed on the Union's behalf.
If, in the course of further meetings,
including on the spot, it is impossible to reach an agreement in order for the
Union position to take account of new elements, the matter shall be referred to
the Council or its preparatory bodies.
[1]               cf. doc. 7086/12 PECHE 66