Proposal for a COUNCIL IMPLEMENTING DECISION on the authorisation of the United Kingdom to express its consent to be bound, in its own capacity, by certain international agreements to be applied during the transition period in the area of the Union's common fisheries policy
Date: 2020-09-07
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: United Kingdom, common fisheries policy, conservation of fish stocks, fishing agreement, fishing regulations, international agreement, international convention, sea fishing, transitional period (EU), withdrawal from the EU

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   EUROPEAN COMMISSION  Brussels, 7.9.2020  COM(2020) 489 final 2020/0246 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION on the authorisation of the United Kingdom to express its consent to be bound, in its own capacity, by certain international agreements to be applied during the transition period in the area of the Union's common fisheries policy    
 
EXPLANATORY MEMORANDUM 

This proposal concerns the Council Implementing Decision on the authorisation of the United 
Kingdom  to  express  its  consent  to  be  bound  in  its  own  capacity,  by  certain  international 
agreements entering into force during the transition period in the area of the Union's common 
fisheries policy. 

1. 

CONTEXT OF THE PROPOSAL 

The  Union  and  the  United  Kingdom  have  negotiated  a  withdrawal  agreement  pursuant  to 
Article 50 of the Treaty on European Union. The Withdrawal Agreement1 (hereinafter “WA”) 
entered into force on 1 February 2020, after having been agreed on 17 October 2019, together 
with the Political Declaration setting the framework of the future EU-UK partnership.  

Article 127(1) WA provides for a transition period during which Union law will continue to 
be applicable to and in the United Kingdom, ("transition period"). The transition period ends 
on 31 December 2020. 

Article 129(1) WA provides that, during the transition period, the United Kingdom is bound 
by  the  obligations  stemming  from  the  international  agreements  concluded  by  the  Union,  by 
Member States acting on its behalf, or by the Union and its Member States acting jointly.  

The Union has informed its international partners of the specific arrangements foreseen in the 
WA under which, during a transition period, the United Kingdom will be treated as a Member 
State for the purposes of the international agreements concluded by the Union.  

Article 129(3) WA provides that, in accordance with the principle of sincere cooperation, the 
United Kingdom must refrain, during the transition period, from any action or initiative which 
is  likely  to  be  prejudicial  to  the  Union's  interests,  in  particular  in  the  framework  of  any 
international  organisations,  agency,  conference  or  forum  of  which  the  United  Kingdom  is  a 
party in its own right.  

In accordance with Article 129(4) WA, during the transition period, the United Kingdom may 
negotiate, sign and ratify international agreements entered into in its own capacity in the areas 
of exclusive competence of the Union, provided those agreements do not enter into force or 
apply during the transition period, unless so authorised by the Union.  
Council  Decision  2020/1352  sets  out  the  conditions  and  procedure  for  granting  such 
authorisations.  

Pursuant to Article 3(1) of Council Decision 2020/135, the Council may authorise the United 
Kingdom  to  express  its  consent  to  be  bound,  in  its  own  capacity,  by  an  international 
agreement intended to enter into force or be applied during the transition period, in an area of 
exclusive competence of the Union.  

In accordance with Article 3(1) of Council Decision 2020/135, such authorisation may only 
be granted if:  

1 

2 

Agreement on the  withdrawal of the United Kingdom of Great Britain and Northern Ireland from the 
European Union and the European Atomic Energy Community, OJ C 384I, 12.11.2019, p. 1. 
Council  Decision  (EU)  2020/135  of  30  January  2020  on  the  conclusion  of  the  Agreement  on  the 
withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and 
the European Atomic Energy Community, OJ L 29, 31.1.2020, p. 1. 

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(a) 

(b) 

(c) 

the  United  Kingdom  has  demonstrated  a  specific  interest  in  the  international 
agreement  in  question  already  entering  into  force  or  applying  during  the 
transition period;  

the  international  agreement  in  question  is  compatible  with  Union  law 
applicable to and in the United Kingdom in accordance with Article 127 WA 
and  is  compatible  with  the  obligations  referred  to  in  Article  129(1)  of  the 
Agreement; and  

the  entry  into  force  or  application  of  the  international  agreement  in  question 
during  the  transition  period  would  neither  put  at  risk  the  attainment  of  an 
objective of the Union’s external action in the area concerned nor be otherwise 
prejudicial to the Union’s interests.  

Pursuant to Article 3(2) of Council Decision 2020/135, an authorisation  granted pursuant to 
paragraph  1  may  be  conditional  upon  the  inclusion  in  or  removal  from  the  agreement  in 
question of any provision or may be conditional upon the suspension of the application of any 
provision of that agreement, where necessary to ensure consistency with the conditions set out 
in paragraph 1.  

By  means  of  its  letter  of  3  April  2020,  the  United  Kingdom  notified  the  European 
Commission  of its  intention  to  express  its consent  to  be bound, in  its own capacity, by five 
international  agreements  -  establishing  five  regional  fisheries  management  organisations 
(hereinafter RFMOs) - intended to be applied during the transition period, in the area of the 
Union’s exclusive external competence on fisheries.  

The  RFMOs  concerned  are  the  North-East  Atlantic  Fisheries  Commission  (NEAFC),  the 
Northwest  Atlantic  Fisheries  Organization  (NAFO),  the  International  Commission  for  the 
Conservation  of  Atlantic  Tunas  (ICCAT),  the  Indian  Ocean  Tuna  Commission  (IOTC),  and 
the North Atlantic Salmon Conservation Organization (NASCO). 

The United Kingdom justifies its interest in acceding to these RFMOs, during the transition 
period, in light of Articles 63 and 64 of the United Nations Convention on the Law of the Sea3 
(hereinafter  UNCLOS)  and  Articles  7  and  8  of  the  United  Nations  Fish  Stocks  Agreement4 
(hereinafter UNFSA), in particular the obligations of the Union and of the United Kingdom to 
cooperate through appropriate regional organisations in the conservation and management of 
shared stocks.  

As provided in Article 63(2) of the UNCLOS and in Article 8 of the UNFSA, where the same 
stock or stocks of associated species occur both within the exclusive economic zone and in an 
area beyond and adjacent to that zone, the coastal State and the States fishing for such stocks 
in  the  adjacent  area  are  to  cooperate  to  agree  upon  the  measures  necessary  for  the 
conservation of those stocks in the adjacent area. Such cooperation may be established in the 
framework of regional fisheries management organisations. 

The  United  Kingdom  considers  that  neither  it,  nor  the  Union  can  give  full  effect  to  those 
obligations  unless  the  United  Kingdom  is  able  during  the  transition  period  to  cooperate 
independently  with  the  EU  and  other  relevant  States  on  matters  affecting  the  UK  as  an 
independent  coastal  State  and  fishing  State  after  the  transition  period  ends.  The  United 

3 
4 

United Nations Convention on the Law of the Sea, OJ L 179, 23.6.1998, p. 3. 
Agreement on the  implementation of the  provisions of the United Nations  Convention  on the  Law of 
the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and 
highly  migratory  fish  stocks  -  Declaration  concerning  the  competence  of  the  European  Community  - 
Interpretative declarations, OJ L 189, 3.7.1998, p. 17. 

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Kingdom  thus  wants  to  participate  in  discussions  during  the  transition  period  on  fisheries 
management decisions that would take effect after the transition period. 

The  United  Kingdom’s  request  was  discussed  in  the  Council  Working  Party  on  the  United 
Kingdom.  On  8  April  2020,  the  request  was  presented  together  with  an  initial  assessment 
prepared by the Commission services taking into account the conditions to be fulfilled and the 
lack of clarity on the extension of the transition period. On 28 August 2020, matter was again 
presented in the Council Working Party on the United Kingdom.  

Several meetings in the period between September and December are scheduled to take place 
under the auspices of the RFMOs concerned will entail discussions on fisheries conservation 
and management that would take effect after the transition period. 

The North-East Atlantic Fisheries Commission 

1.1. 
The Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries5 (‘the 
NEAFC Convention’) currently applies to the United Kingdom as a result of the Union being 
a  Contracting  Party  to  that  Convention,  while  Article  20(4)  of  the  NEAFC  Convention 
excludes the accession of Member States of the Union.  

The  NEAFC  Commission  is  the  competent  organisation  for  recommending  management 
measures  to  Contracting  Parties  concerning  fisheries  beyond  the  areas  under  fisheries 
jurisdiction of the contracting parties and also,  if the relevant  Contracting Parties request  it, 
for areas under the fisheries jurisdiction of the Contracting Parties. NEAFC's objective is to 
ensure the long-term conservation and optimum utilisation of the fishery resources in the 
Convention  Area,  providing  sustainable  economic,  environmental  and  social  benefits. 
NEAFC  adopts  management  measures  for  various  fish  stocks  and  control  measures  to 
ensure proper implementation.  

Pursuant  to  Articles  56,  63  and  116  of  the  UNCLOS,  the  United  Kingdom  has  legitimate 
fishing interests within the Convention Area of the NEAFC Convention (high seas) and as  a 
coastal State, insofar as the waters under the exclusive economic zone of the United Kingdom 
fall within the Convention Area of the NEAFC Convention.  

In  order  to  prevent  unsustainable  fisheries,  it  is  in  the  interest  of  the  Union  that  the  United 
Kingdom cooperates in the management of the stocks of common interest in full compliance 
with the provisions of the UNCLOS and the UNFSA.  

The  United  Kingdom  has  demonstrated  its  interest  to  participate  in  discussions  on  fisheries 
conservation  and  management  decisions  during  the  transition  period  that  would  take  effect 
after the transition period. That would allow the United Kingdom to prepare the application 
and implementation  of those measures  effectively.  The  United Kingdom  has confirmed that 
the entry into force or application of the NEAFC Convention during the transition period will 
neither put at risk the attainment of an objective of the Union’s external action in the area of 
the common fisheries policy nor be otherwise prejudicial to the Union’s interests.  

Without  prejudice  to  the  Union’s  interests  and  provided  that  the  United  Kingdom  only 
participates  in  meetings  on  issues  that  concern  matters  to  be  applied  from  the  end  of  the 
transition period, it is appropriate to authorise the United Kingdom to express its consent, in 
its own capacity, to be bound by the NEAFC Convention.  

5 

OJ L 227, 12.8.1981, p. 22. 

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The Northwest Atlantic Fisheries Organization 

1.2. 
The Northwest Atlantic Fisheries Organization (NAFO) Convention6 y applies to the United 
Kingdom as a result of the Union being a Contracting Party to that Convention.  

The  NAFO  is  an  intergovernmental  fisheries  science  and  management  body.  The  NAFO 
Convention  applies  to  most  fishery  resources  of  the  Northwest  Atlantic  except  salmon, 
tunas/marlins, whales, and sedentary species (e.g. shellfish).   

Pursuant  to  Article  116  of  the  UNCLOS,  the  United  Kingdom  has  active  fishing  interests 
within the NAFO Convention area. Its vessels currently fish for the NAFO cod stocks in the 
"Regulatory Area" (the area covered by the NAFO Convention beyond the jurisdiction of any 
of the Contracting Parties). 

In  order  to  prevent  unsustainable  fisheries,  it  is  in  the  interest  of  the  Union  that  the  United 
Kingdom cooperates in the management of the stocks of common interest in full compliance 
with the provisions of UNCLOS and UNFSA.  

The  United  Kingdom  has  demonstrated  its  interest  to  participate  in  discussions  on  fisheries 
conservation  and  management  decisions  during  the  transition  period  that  would  take  effect 
after the transition period. That would allow the  United Kingdom to prepare the application 
and implementation  of those measures  effectively.  The  United Kingdom  has confirmed that 
the entry into force or application of the NAFO Convention during the transition period will 
neither put at risk the attainment of an objective of the Union’s external action in the area of 
the common fisheries policy nor be otherwise prejudicial to the Union’s interests.  

Without  prejudice  to  the  Union’s  interests  and  provided  that  the  United  Kingdom  only 
participates  in  meetings  on  issues  that  concern  matters  to  be  applied  from  the  end  of  the 
transition period, it is appropriate to authorise the United Kingdom to express its consent, in 
its own capacity, to be bound by the NAFO Convention.  

1.3. 

The International Commission for the Conservation of Atlantic Tunas 

The  International  Convention  for  the  Conservation  of  Atlantic  Tunas  (hereinafter  ICCAT) 
applies in and to the UK by virtue of its membership of the EU. The UK has also separately 
adhered to the Convention on behalf of some of its Overseas Territories. 

The main objective of ICCAT is to promote conservation and optimum utilization of tuna and 
tuna-like  species  covered  by  the  ICCAT  Convention.  ICCAT  has  competence  to  adopt 
binding  conservation  and  management  measures  to  support  the  conservation  and  optimum 
utilisation of these stocks.  

The  UK  has  an  active  fishing  interest  within  the  ICCAT  Convention  area.  Its  vessels 
currently fish for ICCAT stocks in the area covered by the ICCAT Convention beyond the 
jurisdiction of any of the Parties. 

The  United  Kingdom  has  demonstrated  its  interest  to  participate  in  discussions  on  fisheries 
conservation  and  management  decisions  during  the  transition  period  that  would  take  effect 
after the transition period. That would allow the United Kingdom to prepare the application 
and implementation  of those measures  effectively.  The  United Kingdom  has confirmed that 
the entry into force or application of the ICCAT Convention during the transition period will 
neither put at risk the attainment of an objective of the Union’s external action in the area of 
the common fisheries policy nor be otherwise prejudicial to the Union’s interests.  

6

Convention  on  future  Multilateral  Cooperation  in  the  North-West  Atlantic  fisheries,  OJ  L  378, 
30.12.1978, p. 2. 

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Without  prejudice  to  the  Union’s  interests  and  provided  that  the  United  Kingdom  only 
participates  in  meetings  on  issues  that  concern  matters  to  be  applied  from  the  end  of  the 
transition  period  onwards,  it  is  appropriate  to  authorise  the  United  Kingdom  to  express  its 
consent, in its own capacity, to be bound by the NAFO Convention. 

1.4. 

The Indian Ocean Tuna Commission 

The Agreement for the establishment of the Indian Ocean Tuna Commission (IOTC) applies 
in  and to  the United Kingdom  by virtue of its membership  to  the EU and as a  result of the 
Union  being  a  Contracting  Party  to  the  IOTC  Agreement.  The  UK  has  also  separately 
accepted the Agreement on behalf of the British Indian Ocean Territory ("BIOT'). 

The  Indian  Ocean  Tuna  Commission  ("IOTC"),  is  responsible  for  the  conservation  and 
optimum utilization of stocks covered by the  IOTC  Agreement and encouraging sustainable 
development of fisheries based on such stocks.  

The  United  Kingdom  has  an  active  fishing  interest  within  the  IOTC  competence  area.  Its 
vessels  currently  fish  for  stocks  in  the  area  covered  by  the  IOTC  Agreement  beyond  the 
jurisdiction of any of the States member of the IOTC. 

The  United  Kingdom  has  demonstrated  its  interest  to  participate  in  discussions  on  fisheries 
conservation  and  management  decisions  during  the  transition  period  that  would  take  effect 
after the transition period. That would allow the United Kingdom to prepare the application 
and implementation  of those measures  effectively.  The  United Kingdom  has  confirmed that 
the  entry  into  force  or  application  of  the  IOTC  Agreement  during  the  transition  period  will 
neither put at risk the attainment of an objective of the Union’s external action in the area of 
the common fisheries policy nor be otherwise prejudicial to the Union’s interests.  

Without  prejudice  to  the  Union’s  interests  and  provided  that  the  United  Kingdom  only 
participates  in  meetings  on  issues  that  concern  matters  to  be  applied  from  the  end  of  the 
transition period, it is appropriate to authorise the United Kingdom to express its consent, in 
its own capacity, to be bound by the IOTC Agreement. 

1.5. 

The North Atlantic Salmon Conservation Organisation 

The  North  Atlantic  Salmon  Conservation  Organisation  (NASCO)  is  responsible  for  the 
regulation of the fishing activity of wild salmon at sea throughout the North Atlantic.  

It  is  in  the interest  of the Union that the United Kingdom  cooperates in  the management of 
salmon stocks in full compliance with the provisions of UNCLOS and UNFSA. Pursuant to 
Article  66  of  the  UNCLOS,  States  in  whose  rivers  anadromous  stocks  originate  have  the 
primary  interest  in  and  responsibility  for  such  stocks.  The  State  of  origin  of  anadromous 
stocks must ensure their conservation by the establishment of appropriate regulatory measures 
for fishing in all waters landward of the outer limits of its exclusive economic zone. In cases 
where anadromous stocks migrate into or through the waters landward of the outer limits of 
the  exclusive  economic  zone  of  a  State  other  than  the  State  of  origin,  such  State  must 
cooperate  with  the  State  of  origin  with  regard  to  the  conservation  and  management  of  such 
stocks. 

The United Kingdom, as a State of origin and as a State exercising fisheries jurisdiction has 
legitimate  interests  within  the  NASCO  Convention  Area  insofar  as  the  waters  under  the 
exclusive  economic  zone  of  the  United  Kingdom  and  the  adjacent  high  seas  fall  within  the 
NASCO Convention Area.  

The  United  Kingdom  has  demonstrated  its  interest  to  participate  in  discussions  on  fisheries 
conservation  and  management  decisions  during  the  transition  period  that  would  take  effect 
after the transition period. That would allow the United Kingdom to prepare the application 

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and implementation  of those measures  effectively.  The  United Kingdom  has confirmed that 
the entry into force or application of the NASCO Convention during the transition period will 
neither put at risk the attainment of an objective of the Union’s external action in the area of 
the common fisheries policy nor be otherwise prejudicial to the Union’s interests.  

Without  prejudice  to  the  Union’s  interests  and  provided  that  the  United  Kingdom  only 
participates  in  meetings  on  issues  that  concern  matters  to  be  applied  from  the  end  of  the 
transition period, it is appropriate to authorise the United Kingdom to express its consent, in 
its own capacity, to be bound by the NASCO Convention. 

2. 

POSITION TO BE TAKEN ON THE AUTHORISATION 

By its letter of 3 April 2020, the United Kingdom has demonstrated a specific interest in the 
international agreements in question already applying during the transition period. Therefore, 
the condition referred to in Article 3(1)(a) of Council Decision 2020/135 is fulfilled.  

A  core  objective  of  the  Common  Fisheries  Policy,  as  set  out  in  Regulation  (EU) 
No 1380/2013  of  the  European  Parliament  and  of  the  Council7  is  “to  ensure  that  fishing 
activities  are  environmentally,  economically  and  socially  sustainable  and  are  managed 
consistently with the objectives of achieving economic, social and employment benefits, and of 
restoring and maintaining fish stocks above levels which can produce maximum sustainable 
yield and that they are contributing to the availability of food supplies  

The five international agreements are compatible with Union law, in particular the objectives 
of the Common Fisheries Policy, applicable to and in the United Kingdom in accordance with 
Article 127(1) WA and with the obligations referred to in Article 129(1) WA. Therefore, the 
conditions set out in Article 3(1)(b) of Council Decision 2020/135 are fulfilled.  

The  United  Kingdom  has  not  requested  a  prolongation  of  the  transition  period,  which  will 
consequently end at 31 December 2020 without any possibility for another extension.  

As the transition period end on 31 December 2020, the United Kingdom will not be able to 
participate in Union decision-making on issues that fall after the end of the transition period. 

The conditions referred to in Article 3(1)(c) of Council Decision 2020/135 are fulfilled. The 
entry  into  force  or  application  of  the  international  agreements  in  respect  of  the  United 
Kingdom in its own right, during the transition period, does not put at risk the attainment of 
the objectives of the Union’s external action in the area of the common fisheries policy and 
does not risk to be prejudicial to the Union’s interests.  

Therefore, in  accordance with  the provisions of  Article 129(4) WA, it  is recommended that 
the Council authorises the United Kingdom during the transition period, to sign and ratify the 
five  international  conventions  entered  into  in  its  own  capacity  in  the  areas  of  exclusive 
competence  of  the  Union.  This  will  facilitate  and  enable  the  United  Kingdom  to  give  full 
effect to the obligations emanating from UNCLOS, especially its Articles 63, 66 and 116.  

In  order  to  ensure  the  good  functioning  of  the  Union’s  common  fisheries  policy  during  the 
transition  period,  the  United  Kingdom  should  not  participate  in  matters  applied  or  taking 
effect  during  the  transition  period.  Moreover,  in  order  not  to  prejudice  the  ongoing 
negotiations on fisheries in the future EU-UK partnership agreement, in particular as regards 
fishing  opportunities  for  which  the  Union’s  quota  includes  currently  the  United  Kingdom 

7 

OJ L 354, 28.12.2013, p. 22. 

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share, the United Kingdom should enter into consultation with the EU prior to discussing such 
quota. 

3. 

LEGAL BASIS 

3.1. 

Substantive legal basis 

3.1.1.  Principles 

The  substantive  legal  basis  for  a  Council  Implementing  Decision  Council  authorising  the 
United Kingdom to express its consent, in its own capacity, to be bound by an international 
agreement intended to enter into force, in its own capacity, or be applied during the transition 
period,  in  an  area  of  exclusive  competence  of  the  Union  is  Article  3  of  Council  Decision 
2020/135.  

3.1.2.  Application to the present case 

The main objective and content of the envisaged act relate to the Common Fisheries Policy. 

Therefore, the substantive legal basis of the proposed decision is Article 43 TFEU. 

3.2. 

Conclusion 

The legal basis of the proposed decision should be Article 3 of Council Decision 2020/135. 

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2020/0246 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

on the authorisation of the United Kingdom to express its consent to be bound, in its 
own capacity, by certain international agreements to be applied during the transition 
period in the area of the Union's common fisheries policy   

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having regard to Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion of 
the  Agreement  on  the  withdrawal  of  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland  from  the  European  Union  and  the  European  Atomic  Energy  Community1,  and  in 
particular Article 3(1) thereof,  

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Article 129(1) of the Agreement on the withdrawal  of the United Kingdom  of Great 
Britain  and  Northern  Ireland  from  the  European  Union  and  the  European  Atomic 
Energy  Community  (Withdrawal  Agreement)  provides  that,  during  the  transition 
period,  the  United  Kingdom  is  to  be  bound  by  the  obligations  stemming  from  the 
international  agreements  concluded  by  the  Union,  by  Member  States  acting  on  its 
behalf, or by the Union and its Member States acting jointly 

Article  129(3)  of  the  Withdrawal  Agreement  provides  that,  in  accordance  with  the 
principle  of  sincere  cooperation,  the  United  Kingdom  is  to  refrain,  during  the 
transition period, from any action or initiative which is likely to be prejudicial to the 
Union's  interests,  in  particular  in  the  framework  of  any  international  organisation, 
agency, conference or forum of which the United Kingdom is a party in its own right.  

In accordance with Article 129(4) of the Withdrawal Agreement, during the transition 
period,  the  United  Kingdom  may  negotiate,  sign  and  ratify  international  agreements 
entered  into  in  its  own  capacity  in  the  areas  of  exclusive  competence  of  the  Union, 
provided those agreements do not enter into force or apply during the transition period, 
unless so authorised by the Union.  

Decision  (EU)  2020/135  sets  out  the  conditions  and  procedure  for  granting  such 
authorisations.  

Pursuant  to  Article  3(1)  of  Decision  (EU)  2020/135,  the  Council  may  authorise  the 
United  Kingdom  to  express  its  consent,  in  its  own  capacity,  to  be  bound  by  an 
international agreement intended to enter into force or be applied during the transition 
period, in an area of exclusive competence of the Union.  

1 

OJ L 29, 31.1.2020, p. 1. 

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(6) 

(7) 

On  3  April  2020,  the  United  Kingdom  notified  the  Commission  of  its  intention  to 
express its consent to be bound, in its own capacity,  by five international agreements - 
establishing five regional fisheries management organisations (RFMOs)  - intended to 
be applied during the transition  period, in  the area of the  Union’s  exclusive external 
competence on fisheries. Those agreements are the Convention on Future Multilateral 
Cooperation in the North-East Atlantic Fisheries2 establishing the North-East Atlantic 
Fisheries Commission  (NEAFC), the Convention on Future Multilateral Cooperation 
in  the  Northwest  Atlantic  Fisheries3  establishing  the  Northwest  Atlantic  Fisheries 
Organization  (NAFO),  the  International  Convention  for  the  Conservation  of  Atlantic 
Tunas4  establishing  the  International  Commission  for  the  Conservation  of  Atlantic 
Tunas  (ICCAT),  the  Agreement  for  the  establishment  of  the  Indian  Ocean  Tuna 
Commission5 (IOTC) and the Convention for the Conservation of Salmon in the North 
Atlantic  Ocean6  establishing  the  North  Atlantic  Salmon  Conservation  Organization 
(NASCO). 

The United Kingdom justifies its interest in acceding to those Agreements, during the 
transition period, in light of Articles 63 and 64 of the United Nations Convention on 
the Law of the Sea7 (UNCLOS) and Articles 7 and 8 of the United Nations Fish Stocks 
Agreement8  (UNFSA),  in  particular  the  obligations  of  the  Union  and  of  the  United 
Kingdom to cooperate through appropriate regional organisations in the conservation 
and management of shared stocks. The United Kingdom considers that neither it nor 
the Union can give full effect to those obligations unless the United Kingdom is able 
during  the  transition  period  to  cooperate  independently  with  the  Union  and  other 
relevant  States  on  matters  affecting  the  United  Kingdom  as  an  independent  coastal 
State  and  fishing  State  after  the  transition  period  ends.  The  United  Kingdom  thus 
wants  to  participate  in  discussions  during  the  transition  period  on  fisheries 
management decisions that would take effect after the transition period. 

(8) 

By its letter of 3 April 2020, the United Kingdom has demonstrated a specific interest 
in  the  international  agreements  in  question  already  applying  during  the  transition 
period.  Therefore,  the  condition  referred  to  in  Article  3(1)(a)  of  Decision  (EU) 
2020/135 is fulfilled.  

(9) 

The five international agreements are compatible with Union law to and in the United 
Kingdom  in  accordance  with  Article  127(1)  of  the  Withdrawal  Agreement  and  with 

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Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future 
Multilateral Cooperation in the North-East Atlantic Fisheries (OJ L 227, 12.8.1981, p. 21). 
Council  Regulation  (EEC)  No  3179/78  of  28  December  1978  concerning  the  conclusion  by  the 
European  Economic  Community  of  the  Convention  on  Future  Multilateral  Cooperation  in  the 
Northwest Atlantic Fisheries (OJ L 378, 30.12.1978, p. 1).  
Council Decision 86/238/EEC 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  95/399/EC  of  18  September  1995  on  the  accession  of  the  Community  to  the 
Agreement for the establishment of the Indian Ocean Tuna Commission (OJ L 236, 5.10.1995, p. 24). 
Council Decision 82/886/EEC of 13 December 1982 concerning the conclusion of the Convention for 
the Conservation of Salmon in the North Atlantic Ocean (NASCO) (OJ L 378, 31.12.1982, p. 24). 
United Nations Convention on the Law of the Sea, OJ L 179, 23.6.1998, p. 3.  
Agreement on the  implementation of the  provisions of the United Nations  Convention  on the  Law of 
the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and 
highly  migratory  fish  stocks  -  Declaration  concerning  the  competence  of  the  European  Community  - 
Interpretative declarations, OJ L 189, 3.7.1998, p. 17 

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the obligations referred to in Article 129(1) of the Withdrawal Agreement. Therefore, 
the conditions set out in Article 3(1)(b) of Decision (EU) 2020/135 are fulfilled.  

(10)  The  United  Kingdom  confirmed  as  well  that  its  accession  to  those  international 
agreements  would  not  be  prejudicial  to  the  Union’s  interests.  Moreover,  the  United 
Kingdom only intends to participate in meetings on issues that concern matters having 
effect  after  the  end  of  the  transition  period.  The  conditions  referred  to  in  Article 
3(1)(c)  of  Decision  (EU)  2020/135  are  considered  fulfilled.  In  particular,  the  United 
Kingdom’s membership in its own right, during the transition period, does not put at 
risk the attainment of the objectives of the Union’s external action in the area of the 
common fisheries policy and does not risk to be prejudicial to the Union’s interests. 

(11)  Pursuant  to  Article  3(2)  of  Decision  (EU)  2020/135,  such  authorisation  may  be 
conditional.  The  authorisation  should  be  granted  provided  that  the  United  Kingdom 
only participates in meetings on issues that concern matters to be applied and to take 
effect from the end of the transition period.  

(12)  The United Kingdom is bound by the obligations resulting from the UNCLOS and the 
UNFSA  and  consequently  has  to  manage  and  conserve  marine  living  resources  in  a 
sustainable  manner.  Those  objectives  are  in  line  with  the  Union’s  objective  of 
ensuring sustainability, and of securing continued responsible fisheries that ensures the 
long-term conservation and sustainable exploitation of marine biological resources. 

(13)  Therefore, in accordance with Article 129(4) of the Withdrawal Agreement, during the 
transition  period, the United Kingdom  may, in  its own right,  sign and ratify the five 
international agreements underlying the five RFMOs to which it seeks accession. This 
is  to  facilitate  and  enable  the  United  Kingdom  to  give  full  effect  to  the  obligations 
emanating  from  the  UNCLOS,  especially  its  Articles  63  and  64,  at  the  moment  the 
transition period ends and Union law ceases to apply to it.  

(14)  The United Kingdom should be authorised to express its consent, in its own capacity, 
to  be  bound  by  the  international  agreements  intended  to  be  applied  during  the 
transition period, 

(15) 

In order to ensure the good functioning of the Union’s common fisheries policy during 
the transition period, the United Kingdom should not participate in matters applied or 
taking  effect  during  the  transition  period.  Moreover,  in  order  not  to  prejudice  the 
ongoing  negotiations  on  fisheries  in  the  future  EU-UK  partnership  agreement,  in 
particular  as  regards  fishing  opportunities  for  which  the  Union’s  quota  includes 
currently  the  United  Kingdom  share,  the  United  Kingdom  should  enter  into 
consultation with the EU prior to discussing such quota. 

HAS ADOPTED THIS DECISION:  

Article 1  

1. 
The  United  Kingdom  is  authorised  to  express  its  consent  to  be  bound,  in  its  own 
capacity, by the following international agreements that are intended to be applied during the 
transition period:  

(a) 

(b) 

the  Convention  on  Future  Multilateral  Cooperation  in  the  North-East  Atlantic 
Fisheries,  establishing the North-East Atlantic Fisheries Commission (NEAFC); 

the  Convention  on  Future  Multilateral  Cooperation  in  the  Northwest  Atlantic 
Fisheries, establishing the Northwest Atlantic Fisheries Organization (NAFO); 

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(c) 

(d) 

(e) 

the International Convention for the Conservation of Atlantic Tunas, establishing the 
International Commission for the Conservation of Atlantic Tunas (ICCAT);  

the Agreement for the establishment of the Indian Ocean Tuna Commission  (IOTC);   

the  Convention  for  the  Conservation  of  Salmon  in  the  North  Atlantic  Ocean, 
establishing the North Atlantic Salmon Conservation Organization (NASCO). 

The  authorisation  referred  to  in  paragraph  1  shall  be  limited  to  the  participation  in 

2. 
matters applied or taking effect from the end of the transition period. 

Where fishing quota shared with the Union are concerned, the authorisation referred to 
3. 
in paragraphs 1 and 2 shall be subject to prior consultation by the United Kingdom with the 
Commission. 

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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