CELEX: 52020PC0637
Language: en
Date: 2020-10-07 00:00:00
Title: Recommendation for a COUNCIL DECISION to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of the Fisheries Agreement with the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway

EUROPEAN COMMISSION
            Brussels, 7.10.2020
            COM(2020) 637 final
            Recommendation for a
            COUNCIL DECISION
            to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of the Fisheries Agreement with the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               •Reasons for and objectives of the proposal
            
            
               After the withdrawal of the United Kingdom of Great Britain and Northern Ireland (hereafter: United Kingdom) from the European Union a number of fish stocks in the North Sea can no longer be considered as stocks shared bilaterally between the European Union and the Kingdom of Norway only. These stocks occur in Union waters and in the waters under the sovereignty and jurisdiction of the United Kingdom and of the Kingdom of Norway. 
            
            
               In accordance with Article 63(1) of the United Nations Convention of the Law of the Sea
                  1
               ,  and considering the overall relationship between the European Union, the United Kingdom and the Kingdom of Norway, it is important to cooperate in securing continued responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources.
            
            
               For this purpose, the European Union seeks to conclude a fisheries agreement with the United Kingdom and the Kingdom of Norway.
            
            
               Negotiations should therefore be opened with the United Kingdom and with the Kingdom of Norway, with a view to conclude the fisheries agreement between the European Union and the United Kingdom and the Kingdom of Norway.  
            
            
               •Consistency with existing policy provisions in the policy area
            
            
               In accordance with the objectives set out in Regulation (EU) No 1380/2013
                  2
                of the European Parliament and of the Council on the Common Fisheries Policy (CFP), the Agreement should set out a framework for the management of shared fish stocks as well as the conditions on access to waters and resources. It should secure continued responsible fisheries that ensure the long-term conservation and sustainable exploitation of marine biological resources, in line with the relevant principles under international law. 
            
            
               The provisions on fisheries should encompass cooperation on the development of measures for the sustainable exploitation and conservation of resources, including avoiding discarding. Such measures should be non-discriminatory and follow a science-based approach aligned to the objective of achieving maximum sustainable yield for the stocks concerned. The Agreement should include provisions for cooperation in control and enforcement, data collection and scientific advice. 
            
            
               •Consistency with other Union policies
            
            
               Negotiations will be conducted throughout the whole process in consultation with all interested Commission Services.
            
            
               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               •Legal basis
            
            
               The legal basis for the decision is provided by Article 218 of the Treaty on the Functioning of the European Union (TFEU), in Part Five on the Union’s external action, Title V on international agreements, which sets out the procedure for negotiating and concluding agreements between the EU and third countries.
            
            
               •Subsidiarity (for non-exclusive competence) 
            
            
               Not applicable, exclusive competence.
            
            
               •Proportionality
            
            
               The decision is proportional to the objective seeked.
            
         
         
            
               •Choice of the instrument
            
            
               The instrument is provided for under Article 218(3) and Article 218(4) of the TFEU.
            
            
               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
            
               •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
            
            
               After the withdrawal of the United Kingdom of Great Britain and Northern Ireland (hereafter: United Kingdom) from the European Union a number of fish stocks in the North Sea can no longer be considered as stocks shared bilaterally between the European Union and the Kingdom of Norway only. These stocks occur in Union waters and in the waters under sovereignty and jurisdiction of the United Kingdom and of the Kingdom of Norway. 
            
            
               In accordance with Article 63(1) of the United Nations Convention of the Law of the Sea
                  3
               , the European Union, the United Kingdom and the Kingdom of Norway should agree upon the measures necessary to co-ordinate and ensure the conservation and development of the stocks concerned in the North Sea. 
            
            
               For this purpose, the European Union seeks to conclude a fisheries agreement (the Agreement) with the United Kingdom and the Kingdom of Norway.  
            
            
               •Fundamental rights
            
            
               Not applicable
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               Not applicable
            
            
               5.OTHER ELEMENTS
            
         
         
            
               •Implementation plans and monitoring, evaluation and reporting arrangements
            
            
               Not applicable
            
            
               •Explanatory documents (for directives)
            
            
               Not applicable
            
            
               •Detailed explanation of the specific provisions of the proposal
            
            
               The Commission recommends that:
            
            
               - The Council should authorise the Commission to open and conduct negotiations for the conclusion of the Fisheries Agreement with the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway;
            
            
               - The Commission should be nominated as the EU negotiator on this subject; 
            
            
               - The Commission should conduct the negotiations in consultation with the special committee, as set out in the Treaty on the Functioning of the European Union;
            
            
               - The Council should approve the negotiating directives annexed to this recommendation. 
            
            
               Recommendation for a
            
            
               COUNCIL DECISION
            
            
               to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of the Fisheries Agreement with the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218 paragraphs 3 and 4,
            
            
               Having regard to the recommendation from the Commission,
            
            
               Whereas,
            
            
               (1)After the withdrawal of the United Kingdom of Great Britain and Northern Ireland (hereafter: United Kingdom) from the European Union a number of fish stocks in the North Sea can no longer be considered as stocks shared bilaterally between the European Union and the Kingdom of Norway only. These stocks occur in Union waters and in the waters under the sovereignty and jurisdiction of the United Kingdom and of the Kingdom of Norway, 
            
            
               (2)In accordance with Article 63(1) of the United Nations Convention of the Law of the Sea
                  4
               ,  and considering the overall relationship between the European Union, the United Kingdom and the Kingdom of Norway, it is important to cooperate in securing continued responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources,
            
            
               (3)For this purpose, the European Union seeks to conclude a fisheries agreement with the United Kingdom and the Kingdom of Norway,
            
         
         
            
               (4)Negotiations should therefore be opened with the United Kingdom and with the Kingdom of Norway, with a view to conclude the fisheries agreement between the European Union and the United Kingdom and the Kingdom of Norway,  
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               The Commission is hereby authorised to open negotiations with  the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway with a view to concluding a fisheries agreement. 
            
            
               Article 2
            
            
               These negotiations shall be conducted in consultation with the Council Working Party on External Fisheries Policy on the basis of the negotiating directives of the Council and set out in the Annex to this Decision.
            
            
               Article 3
            
            
               This Decision is addressed to the Commission.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        United Nations Convention of the Law of the Sea, OJ L 179, 23.6.1998, p. 3.
               
               
                  
                     (2)
                  
                        OJ L 354, 28.12.2013, p. 22
               
               
                  
                     (3)
                  
                        United Nations Convention of the Law of the Sea, OJ L 179, 23.6.1998, p. 3.
               
               
                  
                     (4)
                  
                        United Nations Convention of the Law of the Sea, OJ L 179, 23.6.1998, p. 3.
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 7.10.2020
            COM(2020) 637 final
            ANNEX
            to the
            Recommendation for aCOUNCIL DECISION 
            to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Fisheries Agreement with the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway 
            
               
         
         
            
               ANNEX
               Directives for the negotiation of A fisheries agreement with the United Kingdom of Great Britain and Northern Ireland and THE Kingdom of Norway 
            
            
               I.General context AND PURPOSE OF THE FISHERIES AGREEMENT
            
            
               After the withdrawal of the United Kingdom of Great Britain and Northern Ireland (hereafter: United Kingdom) from the European Union a number of fish stocks in the North Sea can no longer be considered as stocks shared bilaterally between the European Union and the Kingdom of Norway only. These stocks occur in Union waters and in the waters under sovereignty and jurisdiction of the United Kingdom and of the Kingdom of Norway. 
            
            
            
               In accordance with Article 63(1) of the United Nations Convention of the Law of the Sea
                  1
               , the European Union, the United Kingdom and the Kingdom of Norway should agree upon the measures necessary to co-ordinate and ensure the conservation and development of the stocks concerned in the North Sea. 
            
            
            
               For this purpose, the European Union seeks to conclude a fisheries agreement (the Agreement) with the United Kingdom and the Kingdom of Norway.  
            
            
               II.CONTENT OF THE FISHERIES AGREEMENT
            
            
               1.The Agreement should set out a framework for the management of shared fish stocks as well as the conditions on access to waters and resources. It should secure continued responsible fisheries that ensure the long-term conservation and sustainable exploitation of marine biological resources, in line with the relevant principles under international law. 
            
            
               2.The provisions on fisheries should encompass cooperation on the development of measures for the sustainable exploitation and conservation of resources, including avoiding discarding. Such measures should be non-discriminatory and follow a science-based approach aligned to the objective of achieving maximum sustainable yield for the stocks concerned. The Agreement should include provisions for cooperation in control and enforcement, data collection and scientific advice. 
            
            
               3.The Agreement should include arrangements to uphold Union fishing activities and to avoid economic dislocation of the fishing activities of the Parties to the Agreement. 
            
            
               4.The provisions of the Agreement should uphold existing reciprocal access conditions and quota shares, building on the traditional activity of the Union fleet as provided for by the framework agreement on fisheries between the European Union and the Kingdom of Norway
                  2
                , and therefore:
            
            
               1.uphold continued reciprocal access by Union,  United Kingdom and Norwegian vessels to the waters of the Union, the United Kingdom and the Kingdom of Norway;
            
            
               2.uphold stable quota shares, which can only be adjusted with the consent of the Parties directly concerned;
            
            
               3.include modalities for transfers and exchanges of quotas and for the setting of annual or multi-annual total allowable catches or effort limitations on the basis of long-term management strategies;
            
            
               4.organise the modalities for obtaining fishing authorisations and the provisions that ensure equality of treatment and compliance, including joint control and inspection activities;
            
            
               5.establish the appropriate institutional framework for cooperation on conservation and management of the shared fish stocks.
            
            
               6.The agreement should be concluded timely for it to be used for determining fishing opportunities for the first year after the transition period under the Withdrawal Agreement ends. 
            
         
         
            
                  
                     (1)
                  
                        United Nations Convention of the Law of the Sea, OJ L 179, 23.6.1998, p. 3.
               
               
                  
                     (2)
                  
                        OJ - L 226 of 29 August 1980, page 47