CELEX: 52014PC0137
Language: en
Date: 2014-03-10
Title: Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the South East Atlantic Fisheries Organisation (SEAFO)

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		52014PC0137
		
			Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the South East Atlantic Fisheries Organisation (SEAFO) /* COM/2014/0137 final - 2014/0073 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
By Council Decision 2002/738/EC[1] the European Community approved
the Convention, which established the South East Atlantic Fisheries
Organisation (the Convention). The SEAFO is a Regional Fisheries Management
Organisation (RFMO) responsible for the conservation and management of non-tuna
fisheries in the high seas of the South East Atlantic Ocean. The European Union
became a contracting party to the SEAFO in 2002. 
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 SEAFO, Council Decision 13421/09
of 2 October 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 SEAFO for the period 2014-2019 and thereby replacing Council
Decision 13421/09 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[2], taking also into account the objectives of the Commission
Communication on the external dimension of the CFP[3]. 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 SEAFO.

Regulation (EU) No 1380/2013 of the
European Parliament and of the Council[4]
is the legal basis setting up the principles to be
reflected in this negotiating mandate. 
The following Decision shall replace
Council Decision 13421/09 which is covering the period 2009-2014, and shall
cover the period 2014-2019. 
2014/0073 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be adopted, on behalf
of the European Union, in the South East Atlantic Fisheries Organisation
(SEAFO)
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[5] 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 Council Decision 2002/738/EC[6]
the European Community approved the Convention, which established the South
East Atlantic Fisheries Organisation (the Convention). Within that
organisation, the SEAFO Commission is responsible for the adoption of conservation
and management measures designed to ensure the long-term conservation and
sustainable use of the fishery resources in the SEAFO Convention Area and to
safeguard the marine eco-systems in which these resources occur. Such conservation
and management measures may become binding upon the Union.
(4)       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.
(5)       In view of the evolving
nature of fishery resources in the SEAFO 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 SEAFO Commission, 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 SEAFO Commission 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 SEAFO Commission 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 SEAFO Commission in
2019.
Article 4
This Decision replaces Council Decision 13421/09 of 2 October 2009. 
Article 5
This Decision shall enter into force on XXX
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]           OJ L 234, 31/08/2002.

[2]               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).
[3]               COM(2011) 424 of 13.7.2011.
[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]               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).
[6]           OJ L 234, 31/08/2002.