Legal provisions of COM(2009)485 - Establishment of the EC position to be adopted in the Commission for the Conservation of Antarctic Living Marine Resources - Main contents
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| dossier | COM(2009)485 - Establishment of the EC position to be adopted in the Commission for the Conservation of Antarctic Living Marine Resources. |
|---|---|
| document | COM(2009)485  |
| date | September 21, 2009 |
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52009PC0485
Proposal for a Council Decision on the establishment of the Community position to be adopted in the Commission for the Conservation of Antarctic Living Marine Resources /* COM/2009/0485 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 21.9.2009
COM(2009) 485 final
Proposal for a
COUNCIL DECISION
on the establishment of the Community position to be adopted in the Commission for the Conservation of Antarctic Living Marine Resources
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 of Antarctic Living Marine Resources. 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 of Antarctic Living Marine Resources
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, as well as Belgium, Bulgaria, Finland, France, Germany, Greece, Italy, the Netherlands, Poland, Spain, Sweden and the United Kingdom, is a Contracting Party to the 1982 Convention on the Conservation of Antarctic Living Marine Resources. The Convention established a Commission for the Conservation of Antarctic Living Marine Resources (CCAMLR) which, on the basis of scientific evidence, shall, as appropriate, take measures to manage the marine living resources in the area for which it is responsible. These measures are designed to ensure the conservation and rational use of the Antarctic marine living resources.
(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: