Explanatory Memorandum to COM(2000)619 - Control measures applicable to fishing for certain stocks of highly migratory fish

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The Community has an involvement with certain regional fishery organisations that provide a framework for cooperation on conservation and management of stocks of highly migratory fish.

These fish are listed in Annex I to this Regulation. The main species fished are tuna and certain associated species such as swordfish.

The regional organisations in question are:

- the International Commission for the Conservation of Atlantic Tunas (ICCAT), the Community being a member since 14 November 1997,

- the Indian Ocean Tuna Commission (IOTC), the Community being a member since 18 September 1995,

- the Inter-American Tropical Tuna Commission (IATTC), to which the Community has initiated an accession procedure.

Recent trends in international law have meant rapid expansion of the activities of regional fishery organisations. Formerly these were limited essentially to information exchange but the organisations are now adopting recommendations in numerous areas, notably on control and surveillance measures covering in particular collection and transmission of statistics, vessel inspection, vessel surveillance by satellite, transhipments and landings, and checks on non-contracting parties' and stateless vessels.

These recommendations become compulsory for contracting parties that have not objected to them. As a contracting party to ICCAT and IOTC it falls to the Community to apply the recommendations adopted to which it has not raised objections.

In view of its fishing interests in the Eastern Pacific Ocean the Community has initiated the procedure for its accession to IATTC. Pending this and in line with its obligation under the United Nations Convention on the Law of the Sea to cooperate with the contracting parties involved in conservation and management of this zone's fish resources the Community has decided to apply already the measures adopted by IATTC. These should therefore be transposed into Community law.

Implementing provisions should also be laid down for the Agreement on the International Dolphin Conservation Programme adopted in the IATTC framework. The Community wishes to ratify this Agreement and has decided to apply it provisionally before its formal accession.

Some of the recommendations adopted by these organisations have already been transposed by Council Regulation (EC) No 1351/1999 of 21 June 1999 laying down certain control measures to ensure compliance with the measures adopted by ICCAT and by Council Regulation (EC) No 2742/1999 of 17 December 1999 fixing for 2000 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and, for Community vessels, in waters where limitations in catch are required and amending Regulation (EC) No 66/98.

For clarity and readability a single Council Regulation should group the control measures covering stocks of highly migratory fish.

There are Community fisheries for highly migratory stocks in several oceans and numerous seas. These lie within Community waters, in international waters and under bilateral agreements in the waters of certain third countries. They display very similar features and hence need a coherent general approach.

The attached proposal transposes and groups together all the control measures applicable to certain stocks of highly migratory fish. The provisions from Regulations already adopted have been taken over without substantial change. Articles drawn up for new transposition of recommendations are underlined.

The Commission proposes that the Council adopt the attached Regulation after consultation of the European Parliament.