CELEX: 52014PC0136
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 General Fisheries Commission for the Mediterranean (GFCM)

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		52014PC0136
		
			Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the General Fisheries Commission for the Mediterranean (GFCM) /* COM/2014/0136 final - 2014/0071 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The European Union as well as Bulgaria,
Croatia, Cyprus, France, Greece; Italy, Malta, Romania, Slovenia and Spain are
Contracting Parties to the Agreement establishing the General Fisheries
Commission for the Mediterranean (GFCM). The GFCM is responsible for the conservation
and management of fisheries resources in the Mediterranean. The European Union
became a contracting party to GFCM in 1998. 
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 GFCM, Council Decision
7265/09 of 19 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 GFCM for the period 2014-2019 and thereby replacing Council
Decision 7265/09 of 19 March 2009 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[1], 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 "negotiating mandate" 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 GFCM. 
Regulation (EU) No 1380/2013 of the
European Parliament and of the Council[3]
is the legal basis setting up the principles to be
reflected in this negotiating mandate. 
The following Decision shall replace
Council Decision 7265/09 which is covering the period 2009-2014, and shall
cover the period 2014-2019. 
2014/0071 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be adopted, on behalf
of the European Union, in the General Fisheries Commission for the Mediterranean (GFCM)
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[4] 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)       The European Union as well
as Bulgaria, Croatia, Cyprus, France, Greece; Italy, Malta, Romania, Slovenia
and Spain are Contracting Parties to the Agreement establishing the General
Fisheries Commission for the Mediterranean (GFCM). The GFCM is responsible for
the adoption of measures designed to ensure the long-term conservation and
sustainable use of the fishery resources in the GFCM Agreement Area and to
safeguard the marine eco-systems in which these resources occur. Such 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 GFCM Agreement 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 GFCM, 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 GFCM 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 GFCM 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 GFCM in 2019.
Article 4
This Decision replaces Council Decision 7265/09 of 19 March 2009. 
Article 5
This Decision shall enter into force on XXX
Done at Brussels,
                                                                       For
the Council
                                                                       The
President   
[1]               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).
[2]               COM(2011) 424 of 13.7.2011.
[3]               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).
[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).