Legal provisions of COM(2009)483 - Establishment of the EC position to be adopted in the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean - Main contents
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| dossier | COM(2009)483 - Establishment of the EC position to be adopted in the Commission for the Conservation and Management of Highly Migratory ... |
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| document | COM(2009)483  |
| date | September 21, 2009 |
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52009PC0483
Proposal for a Council Decision on the establishment of the Community position to be adopted in the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean /* COM/2009/0483 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 21.9.2009
COM(2009) 483 final
Proposal for a
COUNCIL DECISION
on the establishment of the Community position to be adopted in the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
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 Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. 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 Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
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 2005/75/EC, the European Community approved its accession to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, which established the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC). The WCPFC may, on the basis of scientific evidence, make decisions designed to maintain the populations of highly migratory fish stocks (including tuna and tuna-like fishes) in the Convention area at levels which will ensure the long-term sustainability of such stocks. Such decisions may become legally binding on the Community.
(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: