CELEX: 52014PC0629
Language: en
Date: 2014-10-14
Title: Proposal for a COUNCIL IMPLEMENTING DECISION amending the list of non-cooperating third countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing

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		52014PC0629
		
			Proposal for a COUNCIL IMPLEMENTING DECISION amending the list of non-cooperating third countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing /* COM/2014/0629 final - 2014/0295 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
Grounds for and objectives of the
proposal
This proposal concerns the application of
Council Regulation (EC) No 1005/2008 of 29 September 2008 on establishing a
Community system to prevent, deter and eliminate illegal, unreported and
unregulated fishing (IUU fishing), amending Regulations (EEC) No 2847/93, (EC)
No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and
(EC) No 1447/1999[1] (the IUU Regulation).
General context
This proposal is made in the context of the
implementation of the IUU Regulation and is the result of investigation and
dialogue procedures which were carried out in line with the substantive and
procedural requirements laid out in the IUU Regulation foreseeing inter alia
that all countries should discharge the duties incumbent upon them under
international law as flag, port, coastal or market State to prevent, deter and
eliminate IUU fishing.
Existing provisions in the area of the
proposal
Commission Decision of 15 November 2012 (OJ
C 354 17.11.2012, p.1-47) on notifying the third countries that the Commission
considers as possible of being identified as non-cooperating countries pursuant
to Council Regulation (EC) No 1005/2008 establishing a Community system to prevent,
deter and eliminate illegal, unreported and unregulated fishing.
Commission Implementing Decision of 26
November 2013 (OJ C 346 27.11.2013, p. 2-25) on identifying the third countries
that the Commission considers as non-cooperating third countries pursuant to
Council Regulation (EC) No 1005/2008 establishing a Community system to
prevent, deter and eliminate illegal, unreported and unregulated fishing.
Council Implementing Decision of 24 March
2014 (OJ L 91 27.03.2014, p 43-47) establishing a list of non-cooperating third
countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008
establishing a Community system to prevent, deter and eliminate illegal,
unreported and unregulated fishing.
Council Implementing Decision of 24 March
2014 (OJ L 91 27.03.2014, p 43-47) establishing a list of non-cooperating third
countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008
establishing a Community system to prevent, deter and eliminate illegal,
unreported and unregulated fishing was amended by Council Implementing Decision
(LISTING OF SRI LANKA) of xxxxxxxx.
Consistency with other policies and
objectives of the Union
Not applicable.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
Consultation of interested parties
Interested parties concerned by the
proceeding have had the possibility to defend their interests during the
investigation and dialogue procedures, in line with the provisions of the IUU
Regulation.
Collection and use of expertise
There was no need for external expertise.
Impact assessment
This proposal is the result of the
implementation of the IUU Regulation.
The IUU Regulation does not contain
provisions for a general impact assessment but contains an exhaustive list of
conditions that have to be assessed.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
Summary of the proposed action
On 15 November 2012 the Commission, by
Commission Decision, notified eight third countries (Belize, the Kingdom
of Cambodia, the Republic of Fiji, the Republic of Guinea, the Republic of
Panama, the Democratic Socialist Republic of Sri Lanka, the Togolese Republic
and the Republic of Vanuatu) that the Commission considered the possibility
of identifying them as non-cooperating countries pursuant to the IUU
Regulation. 
The Commission initiated démarches in
respect of the eight countries. These démarches consisted inter alia of
actions providing reasons of these démarches, its actions, opportunity for the
countries to respond and refute, right to ask for and provide additional information,
proposed actions plans to remedy the situation as well as adequate time to
answer and reasonable time to remedy the situation. 
On 26 November 2013 the Commission, by
Commission Implementing Decision, identified Belize, the Kingdom of Cambodia, and the Republic of Guinea as third countries that the Commission considers
as non-cooperating third countries pursuant to the IUU Regulation.
On 24 March 2014 the Council, by Council
Implementing Decision, established a list of non-cooperating third countries,
including Belize, the Kingdom of Cambodia and the Republic of Guinea in fighting IUU fishing. 
The attached proposal for a Council
Implementing Decision is based on the findings which have confirmed that Belize demonstrated that the situation that warranted its listing has been rectified and Belize has taken concrete measures capable of achieving a lasting improvement of the
situation. 
It is therefore proposed that the Council
adopts the attached proposal for a Decision.
Legal basis
Council Regulation (EC) No 1005/2008 of 29
September 2008 on establishing a Community system to prevent, deter and
eliminate IUU fishing.
Subsidiarity principle
The proposal falls under the exclusive
competence of the European Union. The subsidiarity principle therefore does not
apply.
Proportionality principle
The proposal complies with the
proportionality principle for the following reasons:
The form of action is described in the IUU
Regulation and leaves no scope for national decision.
Indication of how financial and administrative
burden falling upon the Union, national governments, regional and local
authorities, economic operators and citizens is minimised and proportionate to
the objective of the proposal is not applicable.
Choice of instruments
Proposed instruments: decision.
Other means would not be adequate for the
following reason:
Other means would not be adequate because
the IUU Regulation does not provide for alternative options.
4.           BUDGETARY IMPLICATION
The proposal has no implication for the
Union budget.
2014/0295 (NLE)
Proposal for a
COUNCIL IMPLEMENTING DECISION
amending the list of non-cooperating third
countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008
establishing a Community system to prevent, deter and eliminate illegal, unreported
and unregulated fishing 
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union,
Having regard to Council Regulation (EC) No
1005/2008 establishing a Community system to prevent, deter and eliminate illegal,
unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC)
No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and
(EC) No 1447/1999[2],
and in particular Article 34(1) thereof,
Having regard to the proposal submitted by
the European Commission 
 Whereas:
(1)       Regulation (EC) No
1005/2008 (the IUU Regulation) establishes a Union system to prevent, deter and
eliminate illegal, unreported and unregulated (IUU) fishing.
(2)       Chapter VI of the IUU
Regulation lays down the procedure with respect to the identification of
non-cooperating third countries, démarches in respect of countries identified
as non-cooperating third countries, the establishment of a list of
non-cooperating countries, removal from the list of non-cooperating countries,
publicity of the list of non-cooperating countries and any emergency measures.
(3)       In accordance with Article
32 of the IUU Regulation, the  European Commission (“the Commission”) notified
by  Decision of 15 November 2012[3]
("Decision of 15 November 2012") eight third countries of the
possibility of their being identified as third countries that it considers as
non-cooperating third countries. Among these countries there was Belize.
(4)       In the Decision of 15
November 2012 the Commission included the information concerning the essential
facts and considerations underlying such possible identification. 
(5)       Also on 15 November 2012
the Commission notified the eight third countries, among which there was Belize, with separate letters of the fact that it was considering the possibility of
identifying them as non-cooperating third countries. 
(6)       By Implementing Decision
of 26 November 2013[4]
("Implementing Decision of 26 November 2013"), the
Commission identified Belize, the Kingdom of Cambodia and the Republic of Guinea as non-cooperating third countries in fighting IUU fishing. In accordance
with the IUU Regulation, the Commission provided the reasons for which it
considered that those three countries failed to discharge their duties under
international law as flag, port, coastal or market States to take action, to
prevent, deter and eliminate IUU fishing.
(7)       In accordance with Article
33 of the IUU Regulation, the Council, by Implementing Decision 2014/170 of 24
March 2014[5],
("Council Implementing Decision of 24 March 2014") placed Belize, the Kingdom of Cambodia and the Republic of Guinea on the list of non-cooperating third
countries in fighting IUU fishing in accordance with the IUU Regulation..
(8)       Following  the
establishement bythe Council Implementing Decision of 24 March 2014 of the list
of non-cooperating third countries in fighting IUU fishing, the Commission
offered to the identified countries the opportunity to continue the dialogue 
in line with the substantive and procedural requirements laid out in the IUU
Regulation. The Commission continued to seek and verify all information deemed
necessary, including oral and writen comments, aiming at giving any identified
country the opportunity to rectify the situation that warrented its listing,
and to take concrete measures capable of remedying the identified failures.
This process resulted in the acknowledgement that Belize has rectified the
situation and taken remedial action.
(9)       Pursuant to Article 34 (1)
of the IUU Regulation the Council should therefore amend the Implementing
Decision of 24 March 2014 by removing Belize from the list of non‑cooperating
third countries.
(10)     Upon the adoption of this
Council Implementing Decision removing Belize from the list of non-cooperating
third countries in accordance with Article 34(1) of the IUU Regulation, the
Commission Implementing Decision of 26 November 2013 identifying Belize as a non-cooperating third country is without object. 
 
REMOVAL OF BELIZE FROM THE LIST OF NON-COOPERATING THIRD COUNTRIES
(11)     Following  the adoption of
the Implementing Decision of 26 November 2013 and Council Implementing Decision
2014/170 of 24 March 2014 the Commission continued the dialogue with Belize. In particular, Belize appears to have implemented the international law obligations
and has adopted an adequate legal framework for fighting against IUU fishing;
it introduced an adequate and efficient monitoring, control and inspection
scheme; it created a deterrent sanctioning system and assured for the proper
implementation of the catch certification scheme. Belize improved furthermore
its compliance with its international obligations, including those stemming
from Regional Fisheries Management Organisations' (RFMOs) recommendations and
resolutions. Belize  set up a new system of registration of vessels according
to international law. Belize is currently compliant with the recommendations
and resolutions from relevant bodies and has adopted its own National Plan Of
Action against IUU, in line with the International Plan of Action against
Illegal, Unreported and Unregulated fishing of the United Nations (IPOA-UN). 
(12)     The Commission reviewed the
current compliance of Belize with its international obligations as flag, port,
coastal or market State in line with the findings in the Decision of 15
November 2012, Implementing Decision of 26 November 2013 and Council
Implementing Decision of 24 March 2014 and with relevant information provided
thereon by Belize.  It also considered the measures taken to rectify the
situation as well as the guarantees provided by the competent authorities of Belize. 
(13)     The
Commission concluded, on the basis of all of the above that the actions undertaken by Belize in light of its duties as flag State
are sufficient to comply with the provisions of Articles 91, 94, 117 118 of
United Nations Convention on the Law of the Sea (UNCLOS), Articles 18, 19, 20
of United Nations Fish Stocks Agreement (UNSFA) and Article III(8) of FAO
Compliance Agreement. The Commission concluded that the elements put forward by
 Belize demonstrate that the situation that warranted the listing of Belize has been rectified and that Belize has taken concrete measures capable of achieving a lasting
improvement of the situation. 
(14)     In the circumstances and
pursuant to Article 34(1) of the IUU Regulation the Council concludes that Belize should be removed from the list of non-cooperating countries. 
(15)     The
decision taken by the Council does not preclude any subsequent
step taken by the Commission or the Council in the future, in line with Chapter VI of the IUU Regulation,
in case factual elements were to reveal that Belize fails to discharge the
duties incumbent upon it under international law as flag, port, coastal or
market State, to take action to prevent, deter and eliminate IUU fishing. 
(16)     In the light of the adverse
consequences provoked by a listing as non-cooperating third country, it is
appropriate to give immediate effect to the delisting of Belize as non-cooperating third country. 
HAS ADOPTED THIS DECISION: 
Article 1
The Annex to Council Decision 2014/170/EU
is replaced by the Annex in this Decision  
 Article 2
This
Decision shall enter into force on the day following that of its publication in
the Official Journal of the European Union.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 286, 29.10.2008, p. 1.
[2]               OJ L 286, 29.10.2008, p. 1.
[3]               Commission Decision of 15
November 2012 on notifying the third countries that the Commission considers as
possible of being identified as non-cooperating third countries pursuant to
Council Regulation (EC) No 1005/2008 establishing a Community system to
prevent, deter and eliminate illegal, unreported and unregulated fishing
(OJ C 354, 17.11.2012, p. 1).
[4]               Commission Implementing Decision
of 26 November 2013 identifying the third countries that the Commission
considers as non-cooperating third countries pursuant to Council Regulation
(EC) No 1005/2008 establishing a Community system to prevent, deter and
eliminate illegal, unreported and unregulated fishing (OJ C 346, 27.11.2013, p.
2).
[5]               Council Implementing Decision 2014.170 of 24 March
2014 (OJ L 91 27.03.2014, p 43-47) establishing a list of non-cooperating third
countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008
establishing a Community system to prevent, deter and eliminate illegal,
unreported and unregulated fishing.
ANNEX
List of non-cooperating third countries in
fighting Illegal, Unreported and Unregulated (IUU) fishing
to the
Proposal for a COUNCIL IMPLEMENTING
DECISION
amending the list of
non-cooperating third countries in fighting IUU fishing pursuant to Regulation
(EC) No 1005/2008 establishing a Community system to prevent, deter and
eliminate illegal, unreported and unregulated fishing
Kingdom of Cambodia
Republic of Guinea
Democratic Socialist Republic of Sri Lanka