Explanatory Memorandum to COM(2017)215 - EU position in the annual Conference of the Parties to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea

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dossier COM(2017)215 - EU position in the annual Conference of the Parties to the Convention on the Conservation and Management of Pollock ...
source COM(2017)215 EN
date 08-05-2017


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

Poland is a Contracting Party to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea (Bering Sea Convention). According to Article 6(9) of the Accession act 1 , fisheries agreements concluded by the new Member States with third countries are managed by the Union and the Union should implement any decisions established under the Convention.

Within the Bering Sea Convention, the Annual Conference of the Parties is responsible for establishing an international regime for conservation, management and optimum utilization of Pollock resources in the Convention area. It also seeks to restore the Pollock resources in the Bering Sea at yields that will permit their maximum sustainable yield, and also gather and examine factual information on Pollock and other living marine resources in the Bering Sea.

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.

Such position within the 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 Bering Sea Convention, Council Decision 11724/12 of 29 June 2012 provides for a review of the Union's position before the 2016 annual meeting. Therefore, this proposal aims at setting out the Union's position within the Bering Sea Convention for the period 2017-2021 and thereby replacing Council Decision 11724/12 of 29 June 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 and to the extent needed the specificities of the Bering Sea Convention. In addition, the standard process for the year to year specification of the Union position has been incorporated as requested by Member States.

Council Decision 7277/16 of 11 April 2016 authorised the Republic of Poland to negotiate, in the interest of the Union, an amendment to the Bering Sea Convention with a view for the Union to becoming a contracting party to that Convention. This mandate is currently being implemented. It is understood that upon the acceptance of the Union as a full contracting party to the Bering Sea Convention, the Republic of Poland will withdraw its membership from the Convention.

• 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 Conference of the Parties to the Bering Sea Convention.

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 will replace Council Decision 11724/12 of 29 June 2012, which is covering the period 2012-2016.    

• 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