Explanatory Memorandum to COM(2016)401 - Management, conservation and control measures applicable in the Convention Area of the International Commission for the Conservation of Atlantic Tunas (ICCAT) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)401 - Management, conservation and control measures applicable in the Convention Area of the International Commission for the ... |
|---|---|
| source | COM(2016)401  |
| date | 17-06-2016 |
• Reasons for and objectives of the proposal
The proposal aims at transposing into EU law the conservation, control and enforcement measures adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT) to which the European Union is a Contracting Party. ICCAT is the Regional Fisheries Management Organisation (RFMO) responsible for the management of ICCAT species in the Atlantic Ocean and adjoining seas. ICCAT adopts new conservation, control and enforcement measures every year. This transposition proposal relates to the measures adopted by ICCAT since 2008, with the exception of the multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, which is subject to a separate transposition process.
ICCAT has the authority to adopt compulsory decisions (“recommendations”) for the conservation and management of the fisheries under its purview. These acts are essentially addressed to the ICCAT Contracting Parties but also contain obligations for operators (e.g. the vessel master). The ICCAT recommendations enter into force six months following their adoption and are binding for Contracting Parties and, in the case of the EU, must be enacted into European law to the extent to which they are not already covered by EU legislation.
• Consistency with existing policy provisions in the policy area
The last transposition of the ICCAT conservation and enforcement recommendations was done through the following legal acts: Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish 1 ; Council Regulation (EC) No 520/2007 of 7 May 2007, laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001, and Council Regulation (EC) No 302/2009 concerning the multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean. 2
The ICCAT recommendations adopted after 2008 introduce amendments to many recommendations adopted before and establish several new provisions. In addition, the relevant EU legislation has substantially evolved since the last transposition with the adoption of the Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing and Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy. For reasons of clarity, parts of Council Regulation (EC) No 1936/2001 and of Council Regulation (EC) No 520/2007 referred to above will be repealed to take account of the many changes adopted since 2008.
Fishing opportunities for the EU decided by ICCAT will not be covered by this proposal in the light of Article 43(3) of the Treaty on the Functioning of the European Union (TFEU), which provides that the adoption of measures on fixing prices, levies, aid and quantitative limitations and on the fixing and allocation of fishing opportunities is a prerogative of the Council.
• Consistency with other Union policies
NA.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The proposal is based on Article 43 i TFEU as it sets out provisions necessary for the pursuit of the objectives of the Common Fisheries Policy.
• Subsidiarity (for non-exclusive competence)
The subsidiarity principle does not apply in this context, as the proposal relates to the sustainable exploitation, management and conservation of marine biological resources in the context of the external component of the Common Fisheries Policy..
• Proportionality
The considered option will ensure the implementation of the ICCAT obligations within the EU without exceeding what is necessary to achieve the objective pursued.
• Choice of the instrument
As a Regulation is directly applicable and binding on the Member States, it shall contribute to a uniform application of the proposed rules throughout the Union, therefore creating a level playing field for all EU operators active in fishing activities in the ICCAT Convention Area.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
NA.
• Stakeholder consultations
This proposal aims at transposing already existing ICCAT recommendations, binding upon the Contracting Parties. Both Member States experts and stakeholders are consulted in the preparation of the ICCAT meetings where these recommendations are adopted, as well as throughout the negotiations at the ICCAT annual meeting. No stakeholder consultation was therefore deemed to be necessary for this transposition Regulation.
• Collection and use of expertise
NA.
• Impact assessment
As no new policy aspects will be defined, an impact assessment is not relevant for the present legislative initiative. This initiative is about applicable international obligations that are already binding upon the EU, in respect of which no impact assessment is required.
• Regulatory fitness and simplification
NA.
• Fundamental rights
NA.
NA.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
NA.
• Explanatory documents (for directives)
NA.
• Detailed explanation of the specific provisions of the proposal
Title I contains general provisions such as subject matter and scope, objective and definitions. Most importantly, this Regulation applies to the Union vessels fishing in the ICCAT Convention area or, in the case of transhipments, in the area outside the ICCAT Convention area for the species caught in the ICCAT Convention area.
Title II contains ICCAT management measures divided into 7 chapters per individual species. Chapter 1 is devoted to tropical tunas; Chapter 2 to North Atlantic albacore; Chapter 3 to swordfish (Atlantic swordfish as well as Mediterranean swordfish); Chapter 4 to blue marlin and white marlin; Chapter 5 to sharks; Chapter 6 to sea-birds (caught as by-catch) and Chapter 7 to turtles (caught as by-catch).
Title III contains common control and monitoring measures. Chapter 1 deals with the ICCAT record of large scale vessels. Chapter 2 lays down provisions on chartering. Chapter 3 deals with control of catches, and notably compliance with quotas and minimum size requirements, catch sampling and catch and fishing effort notification. Chapter 4 and 5 set provisions on transhipment and on scientific observer programmes respectively. Chapter 6 lays down provisions for reporting obligations with regard to designated ports and points of contact and with regard to port inspections. Chapter 7 deals with enforcement and specifically with alleged infringements and non-compliances and ICCAT draft IUU list
Title IV contains final provisions, such as annual report, confidentiality of data, procedure for amendments, exercise of the delegation, implementation and amendments to the existing EU legislation.