Explanatory Memorandum to COM(2004)764 - Conclusion by the EC of the Agreement on the International Dolphin Conservation Programme

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dossier COM(2004)764 - Conclusion by the EC of the Agreement on the International Dolphin Conservation Programme.
source COM(2004)764 EN
date 30-11-2004
Following the Council Decision 1999/337/EC of 26 April 1999, the European Community signed the Agreement on the International Dolphin Conservation Programme (AIDCP) which has as its objectives the progressive reduction of incidental dolphin mortalities in the tuna purse-seine fishery in the Eastern Pacific Ocean to levels approaching zero, through the setting of annual limits and the long term sustainability of the tuna stocks in the Agreement Area.

The Council Decision 1999/386/EC of 7 June 1999, authorised the European Community to apply on a provisional basis the Agreement on the International Dolphin Conservation Programme. The provisional application of the AIDCP was authorised in the event that the entry of the European Community into the Inter-American Tropical Tuna Commission (IATTC), which has an integral role in co-ordinating the AIDCP and its implementing measures, would be delayed for technical reasons. The Council was of the view that the signature and provisional application of the AIDCP were the first stages of the subsequent approval by the European Community of the AIDCP.

For various technical reasons, it has not been possible for the European Community to adhere to the IATTC. However, the Council agreed, on an exceptional basis, by Council Decision 1999/405/EC of 10 June 1999, to authorise the Kingdom of Spain to accede to the IATTC Convention, which it finally did in June 2003 in Antigua, Guatemala. This Decision foresaw that Spain would participate in IATTC decisions in line with the Community position and in close consultation with the Commission.

With the accession of Spain to the IATTC in June 2003, the participation of the Community in the IATTC has been effectively ensured, in line with the Council Decision of June 1999. Given this, it is now appropriate for the Community to take the necessary procedures for it to conclude the AIDCP and fully assume its responsibilities and duties under that Agreement. Following the adoption of this Council Decision the Community should deposit the instrument of approval with the Government of the United States of America, which is the Depository of the AIDCP.