2009/550/EC: Council Decision of 5 March 2009 on the approval of amendments to the Convention on future multilateral cooperation in the North-East Atlantic Fisheries allowing for the establishment of dispute settlement procedures, the extension of the scope of the Convention and a review of the objectives of the Convention

16.7.2009 EN Official Journal of the European Union L 184/12
COUNCIL DECISION
of 5 March 2009
on the approval of amendments to the Convention on future multilateral cooperation in the North-East Atlantic Fisheries allowing for the establishment of dispute settlement procedures, the extension of the scope of the Convention and a review of the objectives of the Convention
(2009/550/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1) The Convention on future multilateral cooperation in the North-East Atlantic Fisheries (the Convention), was signed in London on 18 November 1980 and entered into force on 17 March 1982.
(2) The Community acceded to the Convention on 13 July 1981 (2).
(3) According to Article 19(2) of the Convention the adoption of an amendment to the Convention requires a three-fourths majority of all Contracting Parties. In accordance with Article 19(3) of the Convention, an amendment will take effect 120 days following the date of notification by the Depositary of receipt of written notification of approval by three-fourths of all Contracting Parties.
(4) The Contracting Parties to the Convention adopted an amendment to the Convention at the 23rd Annual Meeting of the North-East Atlantic Fisheries Commission (NEAFC) in November 2004 allowing NEAFC to adopt recommendations establishing procedures for the settlement of disputes arising from the Convention.
(5) By postal vote on 11 August 2006 the Contracting Parties to the Convention adopted an amendment to the Convention whereby the scope of the Convention was extended so as to include sedentary species and the objectives of the Convention were broadened. The Convention was also amended so as to mention developments in other international forums for fisheries management that affect fisheries in the NEAFC Convention area, and certain new definitions were introduced.
(6) Sedentary species are harvested or affected by fisheries and it is therefore appropriate to include those species in the scope of the Convention.
(7) The Convention provides that NEAFC shall perform its functions in the interest of the conservation and optimum utilisation of fishery resources. In addition to these objectives, it is important to underline the importance of long-term management and that the management of fishery resources should provide sustainable economic, environmental and social benefits. It is therefore appropriate to include these elements as objectives in the Convention.
(8) According to the Convention, NEAFC shall, in performing its functions, take account of the best scientific evidence available to it. In fulfilling the objectives, it is also important to take into account the precautionary approach, the ecosystem approach and the need to conserve marine biological diversity. It is therefore appropriate that NEAFC also take these elements into account in performing its functions.
(9) A dispute settlement procedure established under the Convention should enable the expeditious settlement of disputes, which would be in the interest of the Community.
(10) Furthermore, such a procedure would help towards the strengthening and modernisation of regional fisheries management organisations, in particular the NEAFC, and thereby ensure the long-term sustainability of the fisheries in the North-East Atlantic.
(11) In the light of the fishing possibilities accruing to the Community under the Convention, it is therefore in the Community’s interest to approve the proposed amendments,