Legal provisions of COM(2009)474 - Establishment of the EC position to be adopted in the South East Atlantic Fisheries Organisation

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52009PC0474

Proposal for a Council Decision on the establishment of the Community position to be adopted in the South East Atlantic Fisheries Organisation /* COM/2009/0474 final */


[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 15.9.2009

COM(2009) 474 final

Proposal for a

COUNCIL DECISION

on the establishment of the Community position to be adopted in the South East Atlantic Fisheries Organisation

EXPLANATORY MEMORANDUM

According to the second subparagraph of Article 300(2) of the EC Treaty, the positions to be adopted on behalf of the Community in Regional Fisheries Management Organisations when they are called upon to adopt decisions having legal effects, with the exception of decisions supplementing or amending their institutional framework, must be decided on by the Council, acting by a qualified majority on a proposal from the Commission.

In view of this obligation, and following similar Council Decisions and proposals from the European Commission for other Regional Fisheries Management Organisations, the European Commission proposes the present decision to establish the Community position to be adopted in the South East Atlantic Fisheries Organisation. This proposal follows the same approach as for other Regional Fisheries Management Organisations so as to ensure consistency.

Proposal for a

COUNCIL DECISION

on the establishment of the Community position to be adopted in the South East Atlantic Fisheries Organisation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with the second subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Article 33 of the EC Treaty, in conjunction with Article 32 thereof, provides that one of the objectives of the Common Fisheries Policy is to assure the availability of supplies. Regulation (EC) N° 2371/2002 provides that the Community shall apply the precautionary approach in taking measures designed to protect and conserve living aquatic resources, to provide for their sustainable exploitation and to minimise the impact of fishing activities on marine eco-systems. It also provides that the Community shall aim at a progressive implementation of an eco-system-based approach to fisheries management, and aim to contribute to efficient fishing activities within an economically viable and competitive fisheries and aquaculture industry, providing a fair standard of living for those who depend on fishing activities and taking into account the interest of consumers.

(2) By Decision 2002/738/EC, the European Community approved the Convention on the Conservation and Management of Fishery Resources in the South East Atlantic Ocean, which established the South East Atlantic Fisheries Organisation (SEAFO). The SEAFO Commission is authorised to adopt measures concerning the long-term conservation and sustainable use of all living marine resources in the Convention Area.

(3) Pursuant to the second sub-paragraph of Article 300 (2) of the EC Treaty, the position of the Community in bodies set up by regional fisheries agreements which are called upon to adopt decisions having legal effects (but not modifying the institutional framework of the agreements concerned) must be adopted by qualified majority by Council decision, on a proposal from the Commission.

HAS DECIDED AS FOLLOWS:

Article 1

The position to be adopted on behalf of the Community in the Commission of the South East Atlantic Fisheries Organisation when that Commission is called upon to adopt decisions having legal effects is set out in the Annex to this Decision.

Article 2

The Community position set out in the Annex 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 of the South East Atlantic Fisheries Organisation in 2014.