CELEX: 52014PC0049
Language: en
Date: 2014-02-03
Title: Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the Indian Ocean Tuna Commission (IOTC)

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		52014PC0049
		
			Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the Indian Ocean Tuna Commission (IOTC) /* COM/2014/049 final - 2014/0024 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
By Council Decision 95/399/EC[1]
the European Community approved the Agreement, which established the Indian
Ocean Tuna Commission (IOTC). The IOTC is a Regional Fisheries Management
Organisation (RFMO) responsible for the management of
tuna and tuna-like species in the Indian Ocean and adjacent seas. The
European Union became a contracting party to the IOTC in 1995. 
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 IOTC, Council Decision 7537/09
of 23 March 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 IOTC for the period 2014-2019 and thereby replacing Council
Decision 7537/09 which is covering the period 2009-2014.
This revision aims
at incorporating the principles and orientations of the new Common Fisheries
Policy (CFP), taking also into account the objectives of the Commission
Communication on the external dimension of the CFP[2]. 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 IOTC.
Regulation (EU) XXX (new basic regulation) is the legal basis setting up the principles to be reflected in this
negotiating mandate. 
The following Decision shall replace
Council Decision 7537/09 which is covering the period 2009-2014, and shall
cover the period 2014-2019. 
2014/0024 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be adopted, on behalf
of the European Union, in the Indian Ocean Tuna Commission (IOTC)
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) XXX (new
basic regulation) 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 95/399/EC[3]
the Union approved the Agreement, which established the Indian Ocean Tuna
Commission (IOTC). Within that Organisation, the IOTC 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 IOTC
Area of Competence 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 IOTC Area of Competence 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 IOTC 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 Commission of the IOTC 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 Commission of the IOTC 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 Commission on the
IOTC in 2019.
Article 4
This Decision replaces Council Decision 7537/09 of 23 March 2009.
Article 5
This Decision shall enter into force on XXX
Done at Brussels,
                                                                       For
the Council
                                                                       The
President   
[1]           OJ L 236 of 05/10/1995,
p.24.
[2]               COM(2011) 424 of 13.7.2011.
[3]           OJ L 236 of 05/10/1995,
p.24