Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of the Protocol to amend the International Convention for the Conservation of Atlantic Tunas
Date: 2019-10-14
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, agreement (EU), conservation of fish stocks, fishing agreement, international convention, protocol to an agreement, ratification of an agreement, revision of an agreement, sea fish, sea fishing

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   EUROPEAN COMMISSION  Brussels, 14.10.2019  COM(2019) 472 final 2019/0225 (NLE)  Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of the Protocol to amend the International Convention for the Conservation of Atlantic Tunas  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  International  Convention  for  the  Conservation  of  Atlantic  Tunas  (ICCAT  Convention) 
aims,  by  establishing  the  ICCAT,  to  promote  cooperation  in  maintaining  the  populations  of 
tuna and tuna-like fish in the Atlantic Ocean  at  levels  that permit  the maximum  sustainable 
catch for food and other purposes. The Convention entered into force on 21 March 1969. The 
Union is a party to the Convention, having approved it pursuant to the Council Decision of 9 
June 19861. 

The International Commission for the Conservation of Atlantic Tunas (ICCAT Commission) 
is  the  body  established  by  the  ICCAT  Convention  for  the  conservation  and  management  of 
the  species  under  its  purview.  The  ICCAT  Commission  has  the  authority  to  adopt 
recommendations  that  are  binding  on  the  Contracting  Parties.  As  a  Contracting  Party  to  the 
ICCAT  Convention,  the  Union  is  a  Member  of  the  ICCAT  Commission  where  it  has 
participation and voting rights.  

In  order  to  improve  its  effectiveness  and  strengthen  the  conservation  and  management  of 
species  under  its  purview,  the  ICCAT  Commission  has  agreed  on  the  need  to  amend  the 
Convention. On 13 May 2013, the Council authorised the Commission to negotiate, on behalf 
of the European Union, amendments to the Convention2.  

From  2013  to  2018,  discussions  have  taken  place  within  the  ICCAT  Commission  on  the 
changes that are needed to the Convention. As a result, a Protocol has been drafted to amend 
to the Convention. The main amendments, once in force, will: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

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broaden the scope of the Convention as regards shark conservation and management; 

clarify  voting  rules  and  quorum  in  the  ICCAT  Commission,  in  particular  majority 
requirements in situations where consensus cannot be achieved; 

define  the  principles  according  to  which  the  ICCAT  Commission  and  its  Members 
shall act in conducting work under the ICCAT Convention; 

shorten  the  entry  into  effect  period  for  recommendations  adopted  by  the  ICCAT 
Commission from six to four months after notification to ICCAT Members; 

clarify  the  use  of  the  objection  procedure  for  recommendations  adopted  by  the 
ICCAT Commission;  

enable  the  enhanced  participation  of  Cooperating  Non-Contracting  Parties  and 
fishing entities in the work of the ICCAT Commission; and 

introduce  an  ICCAT  dispute  settlement  mechanism  which  is  voluntary,  but  the 
outcome of which will be final and binding on the parties that have recourse to it.  

Council Decision of 9 June 1986 on the accession of the Community to the International Convention for 
the  Conservation  of  Atlantic  Tunas,  as  amended  by  the  Protocol  annexed  to  the  Final  Act  of  the 
Conference of Plenipotentiaries of the States Parties to the Convention signed in Paris on 10 July 1984 
(OJ L 162, 18.6.1986, p. 33). 
Council  Decision  of  13  May  2013  authorising  the  Commission  to  open  negotiations  on  behalf  of  the 
European  Union  on  amendments  to  the  International  Convention  for  the  Conservation  of  Atlantic 
Tunas. 

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The amendment of the Convention is also used as an opportunity to eliminate slight variations 
between the English, French and Spanish language versions of the Convention, each version 
being equally authentic. The Protocol therefore captures all provisions that are to be amended 
in any one of the three language versions. 

The  Protocol  will  be  adopted  by  the  Contracting  Parties  at  the  28th  Regular  meeting  of  the 
ICCAT Commission from 18 to 25 November 2019.  

The present proposal is  for a Council Decision to authorise the conclusion, on behalf of the 
Union, of the Protocol.  

The Protocol forms part of a wider package that also includes:  

(8) 

(9) 

a Resolution by ICCAT regarding participation by fishing entities under the amended 
ICCAT Convention. This Resolution clarifies Convention amendments on non-party 
participation in particular that Chinese Taipei is the fishing entity that is intended to 
be covered by the Annex 2 on Fishing Entities, which is added to the Convention by 
Article 11 of the Protocol; and 

a Recommendation by ICCAT on fishes considered to be tuna and tuna-like species 
or  oceanic,  pelagic,  and  highly  migratory  elasmobranchs.  The  Recommendation 
clarifies  the  species  that  are  covered  by  the  Convention,  in  particular  by  expressly 
defining  ‘ICCAT  species’  as  including  elasmobranchs  (sharks  and  rays)  that  are 
oceanic, pelagic and highly migratory.  

The  Resolution  and  Recommendation  are  to  be  adopted  by  the  ICCAT  Commission 
concurrently with the adoption of the Protocol by the Contracting Parties. In accordance with 
Article  VIII,  paragraph  2  of  the  ICCAT  Convention,  the  Recommendation  will  become 
effective six months after the date on which the Contracting Parties have been notified of it. 
The  Recommendation  will  not  be  binding  on  a  Contracting  Party  if  it  has  submitted  and 
reaffirmed  an  objection  to  it.  If  the  objection  is  supported  by  a  majority  of  the  Contracting 
Parties, the Recommendation does not come into effect. 

• 

Consistency with existing policy provisions in the policy area 

Regional  Fisheries  Management  Organisations  (RFMOs)  are  international  organisations  of 
countries, some of which are coastal states; regional integration organisations, such as the EU; 
and fishing entities with fishing interests in a given area. Some RFMOs manage all the fish 
stocks  within  a  specific  area,  while  others  focus  on  particular  highly  migratory  species, 
notably tuna, throughout vast geographical areas. While some are purely advisory, most have 
management  powers  to  set  catch  and  fishing  effort  limits,  technical  measures,  and  control 
obligations.  

The  European  Union,  represented  by  the  European  Commission,  supports  and  actively 
contributes  to  the  work  of  the  ICCAT,  in  line  with  Commission  Communication  on 
‘Participation in regional fisheries organisations (RFOs)’3, Article 29 of Regulation (EU) No 
1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy4 
and  the  Council  conclusions  of  19  March  2012  on  the  Commission  Communication  on  the 

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COM/99/0613 final. 
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, 28.12.2013, p.22). 

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‘External  dimension  of  the  Common  Fisheries  Policy’5.  The  Convention  amendments  are 
necessary  to  ensure  the  sustainable  exploitation,  management  and  conservation  of  marine 
biological  resources  and  the  marine  environment  managed  by  the  ICCAT,  as  well  as  of 
species caught in the context of fishing activities targeting ICCAT species. 

• 

Consistency with other Union policies 

In  accordance  with  the  Joint  Communication  by  the  High  Representative  of  the  EU  for 
Foreign  Affairs  and  Security  Policy  and  the  European  Commission  ‘International  ocean 
governance:  an  agenda  for  the  future  of  oceans’6  and  the  Council  conclusions  on  that  Joint 
Communication7,  promoting  measures  to  support  and  enhance  the  effectiveness  of  RFMOs 
and,  where  relevant,  improve  their  governance  is  a  central  feature  of  the  Union’s  action  in 
these fora.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

This  proposal  for  a  Council  Decision  is  based  on  the  Treaty  on  the  Functioning  of  the 
European Union, and in particular Article 43(2), in conjunction with Article 218(6). 

• 

Subsidiarity (for non-exclusive competence)  

Not applicable. 

• 

Proportionality 

The proposal does not go beyond what is necessary to achieve the objective pursued, namely 
the conclusion of the Protocol by the Union. 

• 

Choice of the instrument 

Article 218(6) of the Treaty on the Functioning  of the European Union,  requires  a proposal 
from the Commission for the Council to adopt a decision concluding the Protocol. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable. 

• 

Stakeholder consultations 

On  13  May  2013,  the  Council  authorised  the  Commission  to  negotiate,  on  behalf  of  the 
European Union, amendments to the Convention. 

The  amendments  were  prepared  during  six  meetings  of  the  Working  Group  on  Convention 
Amendment established for this purpose by the ICCAT, the first of which took place from 10 
to 12 July 2013 and the last from 24 to 25 May 2018. Member States were kept informed of 
progress in the negotiations. 

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COM(2011) 424 of 13.7.2011. 
JOIN(2016) 49 final. 
7348/1/17 REV 1. 

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Collection and use of expertise 

The  Commission  drew  on  expertise  from  Member  States  in  the  preparations  for,  as  well  as 
during the negotiations in ICCAT on the amendments to the Convention. 

• 

Impact assessment 

Not applicable. 

• 

Regulatory fitness and simplification 

Not applicable. 

• 

Fundamental rights 

Not applicable. 

4. 

BUDGETARY IMPLICATIONS 

This proposal does not entail additional costs for the EU budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

• 

Explanatory documents (for directives) 

Not applicable. 

• 

Detailed explanation of the specific provisions of the proposal 

Not applicable. 

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2019/0225 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Union, of the Protocol to amend the 
International Convention for the Conservation of Atlantic Tunas 

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(6) second subparagraph, point (a)(v) thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the consent of the European Parliament8, 

Whereas: 

(1) 

(2) 

In accordance with Council Decision [XXXX] of [XXXX], the Protocol to amend the 
International  Convention  on  the  Conservation  of  Atlantic  Tunas  was  signed  on 
[XXXX] and is applied on a provisional basis as from the date of its entry into force, 
pending its conclusion at a later date. 
Regulation  (EU)  No 1380/2013  of  the  European  Parliament  and  of  the  Council9
provides  that  the  Union  is  to  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 
is  to  apply  the  precautionary  approach  to  fisheries  management,  and  is  to  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  further  provides  that  the  Union  is  to  take  management  and 
conservation  measures  based  on  best  available  scientific  advice,  to  support  the 
development  of scientific knowledge  and advice, to  gradually  eliminate discards and 
to promote fishing methods that contribute to more selective fishing and the avoidance 
and reduction, as far as possible, of unwanted catches, to fishing with low impact on 
marine  ecosystem  and  fishery  resources.  Moreover,  Regulation  (EU)  No 1380/2013 
specifically  provides  that  those  objectives  and  principles  are  to  be  applied  by  the 
Union in the conduct of its external fisheries relations. The Protocol is consistent with 
these objectives. 

(3) 

As  stated  in  the  Joint  communication  by  the  High  Representative  of  the  Union  for 
Foreign  Affairs  and  Security  Policy  and  the  European  Commission  on  International 
ocean governance: an agenda for the future of oceans10, and the Council conclusions 

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OJ C , , p. . 
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 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, 28.12.2013, p. 22). 
JOIN(2016) 49 final of 10.11.2016. 

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on that Joint communication11, the promotion of measures to support and enhance the 
effectiveness  of  regional  fisheries  management  organisations  (RFMOs)  and,  where 
relevant, improve their governance is central to the Union’s action in these fora. The 
Protocol is fully in line with these aims. 

(4) 

The Protocol should be approved on behalf of the European Union, 

HAS ADOPTED THIS DECISION:  

The  Protocol  to  amend  the  International  Convention  on  the  Conservation  of  Atlantic  Tunas 
(“the Protocol”) is hereby approved on behalf of the Union. 

Article 1 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the Union, to deposit the instrument of approval of the Protocol in line with Article 13 of the 
Protocol.  

Article 2 

This Decision shall enter into force on the day of its adoption12. 

Article 3 

Done at Brussels, 

For the Council 
The President 

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7348/1/17 REV 1 of 24.3.2017. 
The  date  of entry into  force of the Protocol  will be published in the Official Journal of the European 
Union by the General Secretariat of the Council. 

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