Explanatory Memorandum to COM(2017)216 - EU position in the South Pacific Regional Fisheries Management Organisation (SPRFMO)

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dossier COM(2017)216 - EU position in the South Pacific Regional Fisheries Management Organisation (SPRFMO).
source COM(2017)216 EN
date 08-05-2017


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

By Council Decision 2012/130/EU 1 , the Union approved the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (the Convention), which established the South Pacific Regional Fisheries Management Organisation (SPRFMO). Within the SPRFMO, the Commission of the South Pacific Regional Fisheries Management Organisation (the SPRFMO Commission) is responsible for the adoption of measures designed to ensure the long-term conservation and sustainable use of the fishery resources in the SPRFMO Convention Area and to safeguard the marine eco-systems in which these resources occur. Such measures may become binding upon the Union.

The position to be adopted on behalf of the Union in Regional Fisheries Management Organisations (RFMOs) is currently established according to a two tier approach. A Council Decision sets out the guiding principles and orientations of the Union's position on a multiannual basis, whereas it is thereafter adjusted for each annual meeting by Commission non-papers to be discussed in the Council Working Party.

As regards the SPRFMO, Council Decision 14405/12 of 5 October 2012 provides for a review of the Union's position before the 2017 annual meeting. Therefore, this proposal aims at setting out the Union's position within SPRFMO for the period 2017-2021 and thereby replacing Council Decision 14405/12 of 5 October 2012, which is covering the period 2012-2016.

• Consistency with existing policy provisions in the policy area

This revision aims at incorporating the principles and orientations of the new Common Fisheries Policy (CFP) as laid down in Regulation (EU) No 1380/2013 of the European Parliament and of the Council 2 , taking also into account the objectives of the Commission Communication on the external dimension of the CFP 3 . Moreover, the Union's position has been adjusted to the Lisbon Treaty.

As it is the case for the current one, the following position contains general principles and orientations; however it takes into account to the extent possible the specificities of the SPRFMO. In addition, the standard process for the year to year specification of the Union position has been incorporated as requested by Member States

• Consistency with other Union policies

N/A

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The following Decision is based on the Treaty on the Functioning of the European Union, and in particular Article 43(2), in conjunction with Article 218(9) which provides that the Council, on a proposal from the Commission shall adopt a decision establishing the positions to be adopted on the Union's behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects. This shall apply to the position to be adopted by the Commission, on behalf of the Union, in the SPRFMO.

Regulation (EU) No 1380/2013 of the European Parliament and of the Council is the legal basis setting up the principles to be reflected in this position.

The following Decision shall replace Council Decision 14405/12 which is covering the period 2012-2016, and shall cover the period 2017-2021.

• Subsidiarity (for non-exclusive competence)

N/A

• Proportionality

N/A

• Choice of the instrument

Pursuant to Article 218(9) of the Treaty on the Functioning of the European Union, the position to be adopted on behalf of the Union in Regional Fisheries Management Organisations (RFMOs) when they are called upon to adopt acts having legal effects, with the exception of acts supplementing or amending their institutional framework, must be adopted by Council Decision, on a proposal from the Commission.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

N/A

• Stakeholder consultations

N/A

• Collection and use of expertise

N/A

• Impact assessment

N/A

• Regulatory fitness and simplification

N/A

• Fundamental rights

N/A

4. BUDGETARY IMPLICATIONS

N/A

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

N/A

• Explanatory documents (for directives)

N/A

• Detailed explanation of the specific provisions of the proposal

N/A