Legal provisions of COM(2009)218 - Establishment of the EC position to be adopted in the Inter American Tropical Tuna Commission - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2009)218 - Establishment of the EC position to be adopted in the Inter American Tropical Tuna Commission. |
|---|---|
| document | COM(2009)218  |
| date | May 5, 2009 |
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52009PC0218
Proposal for a Council Decision on the establishment of the Community position to be adopted in the Inter American Tropical Tuna Commission /* COM/2009/0218 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 5.5.2009
COM(2009) 218 final
Proposal for a
COUNCIL DECISION
on the establishment of the Community position to be adopted in the Inter American Tropical Tuna Commission
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 regarding the International Commission for the Conservation of Atlantic Tunas, the General Fisheries Commission for the Mediterranean and the Indian Ocean Tuna Commission, and similar 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 Inter American Tropical Tuna Commission. 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 Inter American Tropical Tuna Commission
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) The European Community is a Co-operating non Contracting Party to the Inter American Tropical Tuna Commission (IATTC) and is therefore bound to respect conservation and management measures adopted by the IATTC. Furthermore, the European Community will become a member of the IATTC once the Convention for the strengthening of the Inter American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (the 'Antigua Convention') enters into force. The European Community approved the Antigua Convention by Council Decision 2006/539/EC. Pending entry into force, the European Community is under an international obligation not to defeat the object and purpose of that new Convention. In the meantime, Spain has been authorised by Council Decision 1999/405/EC to accede to the Convention establishing the IATTC on a temporary basis.
(3) The IATTC 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.
(4) 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: