Explanatory Memorandum to COM(2008)512 - Approval of amendments to the Convention on future multilateral co-operation in the North-East Atlantic Fisheries allowing for the establishment of a dispute settlement procedures, the extension of the scope of the Convention and a review of the objectives of the Convention - Main contents
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| dossier | COM(2008)512 - Approval of amendments to the Convention on future multilateral co-operation in the North-East Atlantic Fisheries allowing ... |
|---|---|
| source | COM(2008)512  |
| date | 13-08-2008 |
Objectives of the proposal:
The Contracting Parties to the Convention on future multilateral co-operation in the North-East Atlantic Fisheries (the Convention) adopted an amendment to the Convention at the 23rd Annual Meeting in November 2004 allowing the North-East Atlantic Fisheries Commission (NEAFC) to adopt Recommendations establishing procedures for the settlement of disputes arising from the Convention. By a postal vote, on 11 August 2006, they adopted an amendment to the Convention whereby the scope of the Convention was extended to include sedentary species and the objectives of the Convention were reviewed.
The proposal intends to implement the aforementioned amendments to the Convention in Community legislation.
General context:
Developments in other international fora for fisheries management that have effect on fisheries in the NEAFC Convention area have been cited in the introductory part of the Convention.
New definitions have been introduced to create more clarity
Sedentary species are harvested or affected by fisheries and have therefore been introduced in the scope of the Convention.
The Convention provides that NEAFC shall perform its functions in the interest of the conservation and optimum utilisation of fishery resources. In addition to these objectives, it has been introduced that NEAFC shall perform its functions taking into consideration that long-term management and the management of fishery resources should provide sustainable economic, environmental and social benefits.
According to the Convention, NEAFC shall in performing its functions take account of the best scientific evidence available to it. In addition it has been introduced that in fulfilling its objectives, the Contracting Parties shall take into account the precautionary approach, the ecosystem approach and the need to conserve marine biological diversity.
The possibility to introduce a dispute settlement procedure under the Convention has been introduced. This will allow the Contracting Parties to establish a dispute settlement procedure which would allow for an expeditious way of resolving disputes as well as allowing the possibility of resolving disputes in accordance with the United Nations Convention on the Law of the Sea of 10 December 1982 i as well as the Agreement for the implementation of the Provisions of the United Nations on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Stocks and Highly Migratory Fish Stocks of 4 August 1995 i.
Existing provisions in the area of the proposal:
The Convention on future multilateral co-operation in the North-East Atlantic Fisheries (the Convention), was signed in London on 18 November 1980 and entered into force on 17 March 1982. The Community acceded to the Convention on 13 July 1981.[3]
The Convention established a Regional Fisheries Management Organisation (RFMO) with the aim of promoting the conservation and optimum utilisation of fisheries resources of the North-East Atlantic within a framework appropriate to the regime of extended Coastal State jurisdiction over fisheries, and accordingly of encouraging international co-operation and consultations with respect to resources.
Consistency with other policies and objectives of the Union:
The measures proposed are designed to harmonise with the objectives of the Common Fisheries Policy and are consistent with the Community's policy on sustainable development.
OF INTERESTED PARTIES AND IMPACT ASSESSMENT
Consultations of interested parties:
Consultations have taken place with Member States and legal experts of the Contracting Parties to the Convention.
Impact assessment:
Not applicable.
Legal basis:
Article 37, in conjunction with Article 300 i and the first subparagraph of Article 300 i, of the EC Treaty.
The proposal has no implications for the Community budget.