Proposal for a COUNCIL DECISION authorising the Republic of Poland to ratify, in the interest of the European Union, the amendment to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea
Date: 2022-06-08
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Pacific Ocean, Poland, conservation of fish stocks, fishing agreement, fishing area, international convention, ratification of an agreement, revision of an agreement, sea fish, sustainable fisheries

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   EUROPEAN COMMISSION  Brussels, 8.6.2022  COM(2022) 263 final 2022/0177 (NLE)  Proposal for a COUNCIL DECISION authorising the Republic of Poland to ratify, in the interest of the European Union,  the amendment to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Poland,  China,  Japan,  the  Republic  of  Korea,  Russia  and  the  United  States  signed  the 
Convention on the Conservation and Management of Pollock Resources in the Central Bering 
Sea (‘CCBSP’ or ‘the Convention’) in  1994.  The Convention has the following  aims:  (i) to 
establish  an  international  regime  for  conservation,  management  and  optimum  utilisation  of 
pollock resources in the Convention Area; (ii) to restore and maintain pollock resources in the 
Bering Sea at levels which will permit their maximum sustainable yield; (iii) to cooperate in 
the  gathering  and  examining  of  factual  information  concerning  pollock  and  other  living 
marine resources in the Bering Sea; and (iv) to provide, if the Parties agree, a forum in which 
to consider the establishment of necessary conservation and management measures for living 
marine resources other than pollock in the Convention Area as may be required in the future. 

The commercial fishing in the Convention Area, which peaked in 1989 with catches of up to 
1 447 600 tonnes/year, has been closed since 1993 by way of a moratorium. The continuing 
moratorium  is  supported  by  scientific  evidence,  which  has  consistently  pointed  to  an 
extremely slow recovery of pollock stocks. Nevertheless, the commercial fishery continues in 
the United States and Russia’s exclusive economic zones.  

The European Union participation in the Convention 

Poland has been a contracting party to this organisation since 1994. After Poland joined the 
EU in 2004, the conservation and management of pollock resources in the Central Bering Sea 
was set to be managed by the EU by virtue of Article 6 (9), paragraph 1 of the Accession Act. 
However,  the  Convention  text  currently  only  envisages  the  membership  of  States.  It  would 
therefore  need  to  be  amended  to  allow  the  EU  to  become  a  contracting  party  as  a  regional 
economic integration organisation. A Council Decision authorised the Republic of Poland to 
negotiate, in the interest of the European Union, an amendment to the Convention that would 
allow the participation of the European Union as a full party to the Convention. To that end, 
the  Republic  of  Poland  proposed  an  amendment  to  the  Convention  in  order  to  allow 
participation  of  regional  economic  integration  organisations  and  to  allow  for  the  European 
Union to become party to the Convention. The Republic of Poland proposed the amendment 
to the Convention  to the Depositary of the Convention in October 2016. The Depositary sent 
the amendment in 2017 to the Contracting Parties. 

The implications of the EU membership 

There are limited implications for the EU joining the Convention given that membership does 
not require any budgetary contributions (the organisation does not have a Secretariat), and the 
moratorium is expected to continue in the near future. However, should the area be re-opened 
to  fishing,  the  EU’s  role  would  be  to  promote  the  principles  and  standards  of  the  Common 
Fisheries Policy in this international  organisation,  in  particular the adoption of management 
measures based on best science.  

The  EU’s  interest  in  the  Convention  stems  primarily  from  its  responsibility  to  ensure  the 
conservation and management of living marine resources within and outside the EU. 

• 

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 economic integration organisations such 

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as the EU; and fishing bodies 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 limits and fishing effort limits, technical measures 
and control obligations.  

line  with 

the  Commission  Communication  ‘Participation 

In 
in  Regional  Fisheries 
Organisations  (RFOs)’1,  Articles  28  and  29  of  Regulation  (EU)  No  1380/2013  on  the 
Common  Fisheries  Policy2  and  the  Council  conclusions  of  19  March  2012  regarding  the 
Commission Communication on the ‘External dimension of the Common Fisheries Policy’3, 
the EU, represented by the Commission, plays an active role in six tuna organisations and 11 
non-tuna organisations. 

The  Joint  Communication  by  the  High  Representative  of  the  EU  for  Foreign  Affairs  and 
Security  Policy  and  the  Commission  on  ‘International  ocean  governance:  an  agenda  for  the 
future  of  oceans’4  and  the  Council  conclusions  of  3  April  2017  on  it  promote  measures  to 
support  and  improve  the  effectiveness  of  RFMOs  and,  where  relevant,  improve  their 
governance. This is a central feature of the EU’s action in these fora. 

• 

Consistency with other Union policies 

EU  membership  of  the  Convention  is  fully  consistent  with  the  Council  conclusions  of  23 
October  2020  regarding  the  Commission  Communication  on  the  ‘EU  Biodiversity  Strategy 
for 2030’5.  

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, particularly Article 43(2) in conjunction with Article 218(6)(a).  

• 

Subsidiarity (for non-exclusive competence)  

Not applicable. 

• 

Proportionality 

Not applicable. 

• 

Choice of the instrument 

Article 218(6)(a) of the Treaty on the Functioning of the European Union requires a proposal 
from the Commission for the Council to adopt this Decision, with the consent of the European 
Parliament. 

1 
2 

3 
4 
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COM(1999) 613 final of 8.12.1999. 
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). 
COM(2011) 424 final of 13.7.2011. 
JOIN(2016) 49 final of 10.11.2016. 
COM(2020) 380 final of 20.5.2020. 

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable. 

• 

Stakeholder consultations 

Not applicable. 

• 

Collection and use of expertise 

Not applicable. 

• 

Impact assessment 

Not applicable. 

• 

Regulatory fitness and simplification 

Not applicable. 

• 

Fundamental rights 

Not applicable. 

4. 

BUDGETARY IMPLICATIONS 

No budgetary implications. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

• 

Detailed explanation of the specific provisions of the proposal 

Not applicable. 

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2022/0177 (NLE) 

Proposal for a 

COUNCIL DECISION 

authorising the Republic of Poland to ratify, in the interest of the European Union,  the 
amendment to the Convention on the Conservation and Management of Pollock 
Resources in the Central Bering Sea 

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)(a) thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the consent of the European Parliament1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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The  European  Union  (‘Union’)  is  a  Contracting  Party  to  the  United  Nations 
Convention on the Law of the Sea of 10 December 19822, which requires all members 
of  the  international  community  to  cooperate  in  conserving  and  managing  the 
biological resources of the sea. 

The Union is also a Contracting Party to the 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 stocks3. 

Under Article 3(1)(d) and 3(2) of the Treaty on the Functioning of the European Union 
(TFEU),  the  Union  has  exclusive  competence  in  the  field  of  conservation  of  marine 
biological  resources under the Common Fisheries Policy.  The powers thus conferred 
on  the  Union  on  the  internal  level  also  include  the  Union´s  power  to  cooperate  in 
international  organisations, 
the  framework  of  regional  fisheries 
in 
management organisations.  

including 

The Republic of Poland is a Contracting Party to the Convention on the Conservation 
and Management of Pollock Resources in the Central Bering Sea (‘the Convention’). 
The  Union  is  not  a  party  to  the  Convention.  By  virtue  of  Article  6(9)  of  the  Act 
concerning the conditions of accession of the Czech Republic, the Republic of Estonia, 
the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the 
Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of 
Slovenia  and  the  Slovak  Republic  and  the  adjustments  to  the  Treaties  on  which  the 

OJ C p. 
Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community 
of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 
July 1994 relating to the implementation of Part XI thereof, (OJ L 179, 23.6.1998, p. 1). 
Council Decision 1998/414/EC of 8 June 1998 on the ratification by the European Community of the 
Agreement for the implementing 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 stocks and highly 
migratory fish stocks, (OJ L 189, 3.7.1998, p. 14.). 

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European  Union  is  founded4,  as  from  the  date  of  accession,  fisheries  agreements 
concluded  by  the  new  Member  States  with  third  countries  are  to  be  managed  by  the 
Union. Any decisions established under the said Convention  should be implemented 
in the legal order of the Union 

It  is  in  the  Union's  interest  to  play  an  effective  role  in  the  implementation  of  the 
Convention.  Such  course  of  action  will  also  promote  consistency  in  the  Union's 
conservation  approach  across  oceans  and  reinforce  its  commitment  to  the  long-term 
conservation and sustainable use of fisheries resources globally. 
A Council Decision5 authorised the Republic of Poland to negotiate, in the interest of 
the  European  Union,  an  amendment  to  the  Convention  that  would  allow  the 
participation of the European Union as a full party to the Convention. To that end, the 
Republic of Poland was to propose an amendment to the Convention in order to allow 
participation  of  regional  economic  integration  organisations  and  to  allow  for  the 
European Union to become party to the Convention.  

The Republic of Poland proposed the aforesaid amendment to the Convention  to the 
Depositary of the Convention in October 2016.  

 The Republic of Poland should therefore be authorised to ratify the amendment to the 
Convention, 

(5) 

(6) 

(7) 

(8) 

HAS ADOPTED THIS DECISION:  

Article 1 

The Republic of Poland is hereby authorised to ratify, in the interest of the European Union, 
the amendment to Article XVI.4 of the Convention on the Conservation and Management of 
Pollock  Resources  in  the  Central  Bering  Sea  enabling  regional  economic  integration 
organisations to become party to that Convention.  

This Decision is addressed to the Republic of Poland. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, 
the  Hellenic  Republic,  the  Kingdom  of  Spain,  the  French  Republic,  Ireland,  the  Italian  Republic,  the 
Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese 
Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and 
Northern  Ireland  (Member  States  of  the  European  Union)  and  the  Czech  Republic,  the  Republic  of 
Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of 
Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, 
concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the 
Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the 
Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the  European  Union  (OJ  L 
236, 23.9.2003, p. 17–930). 
Council AGRIFISH Decision of 11 April 2016, number 7277/16 (not published). 

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