Explanatory Memorandum to COM(2021)198 - Conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)198 - Conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area. |
|---|---|
| source | COM(2021)198  |
| date | 23-04-2021 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The purpose of the proposal is to implement into European Union (EU) law the conservation and management measures adopted by the Western and Central Pacific Fisheries Commission (WCPFC). The EU has been a contracting party to the WCPFC since 2004, when it ratified the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (the Convention). The WCPFC is the regional fisheries management organisation (RFMO) responsible for managing fishery resources in the Western and Central Pacific Ocean. WCPFC conservation and management measures apply to the entire WCPFC Convention Area.
In 2019, the EU had five active fishing vessels operating in the WCPFC Convention Area. The WCPFC has the authority to adopt conservation and management measures (CMMs) for the marine biological resources under its remit, which are binding for the contracting parties.
In accordance with paragraph 5 of Article 20 of the Convention, CMMs adopted as a WCPFC decision enters into force 60 days from the date of adoption. Before each WCPFC Commission meeting, the European Commission, on behalf of the EU, draws up negotiating guidelines based on a five-year mandate set by a Council decision and on scientific advice. In accordance with the mandate, these guidelines are presented, discussed and endorsed at the Council working party. They are further adjusted, to take account of real-time developments, at coordination meetings with Member States during WCPFC annual meetings.
The annual meetings of the WCPFC bring together WCPFC members, including the European Union represented by the Commission, and representatives of stakeholders. All measures are binding unless an objection is raised under the Convention. The objection can subsequently be withdrawn by a contracting party, after which that party is bound by the measures. The objection procedure also falls under Article 218(9) TFEU, as CMMs have a legal effect, meaning that they become binding on contracting parties. Before deciding to raise an objection to a measure, the Commission asks the relevant bodies in the Council to endorse the decision to object. Article 3(5) of the Treaty on European Union stipulates that the EU must abide strictly by international law, including compliance with CMMs. This proposal relates to the measures adopted by the WCPFC since 2008.
CMMs are aimed mainly at WCPFC contracting parties, but they also impose obligations on operators (e.g. the vessel master). WCPFC CMMs can be amended annually, and an historical overview of WCPFC meetings shows that any part of the CMMs may be amended. It is incumbent on the EU to ensure compliance with these measures, as international obligations, as soon as they enter into force. This proposal is therefore designed to implement the most recent version of the WCPFC CMMs. It also includes a mechanism to facilitate implementation of WCPFC measures in the future.
This proposal provides for delegated powers to be granted to the Commission under Article 290 of the Treaty on the Functioning of the European Union (TFEU). This will cater for amendments to WCPFC measures, which are expected to be frequent, and make sure that Union fishing vessels are put on an equal footing with the vessels of other contracting parties to the WCPFC. Delegated powers have therefore been laid down for: the WCPFC Transhipment Declaration, reporting notices for transhipment, best handling practices for mobulid rays and whale sharks, reference to shark lines depiction, handling practices for cetaceans and sea turtle, vessel information submission, VMS requirements, percentage of observer coverage scheme under the Regional Observer Programme, and duties of observers, reporting deadlines, reporting formats for transhipment and Annexes 1 to 3 covering bird mitigations measures, marking and other specifications for vessels, and standards for Automatic Location Communicators used in the WCPFC Vessel Monitoring System.
The reporting deadlines set out in this proposal were established on the basis of the WCPFC timetable. The aim is to enable the EU to submit reports promptly to the WCPFC Secretariat.
The draft closely follows the structure and wording of WCPFC CMMs, to avoid deviating from the EU’s international obligations as a contracting party, and to make the text easier to use for monitoring, control and surveillance officials, as well as operators.
• Consistency with existing policy provisions
This proposal complements and is generally consistent with other provisions of Union law in this area. Derogations from existing acts are however established in certain instances due to the nature of the more specific measures proposed.
The WCPFC CMMs were last implemented through Title V of Council Regulation (EC) No 520/2007 of 7 May 2007. This laid down technical measures for the conservation of certain stocks of highly migratory species and repealed Regulation (EC) N° 973/2001.
The WCPFC CMMs adopted between 2008 and 2019 (i.e. after the last main implementation) amended previously adopted measures and established new.
For reasons of clarity, simplification and legal certainty, it is therefore preferable to repeal Title V of Council Regulation (EC) No 520/2007 to take account of the changes adopted since 2008 and not yet covered by EU law.
The proposal is fully aligned with Part VI (External policy) of Regulation (EU) No 1380/2013 on the common fisheries policy (CFP). This provides that the Union shall conduct its external fisheries in accordance with its international obligations, basing EU fishing activities on regional fisheries cooperation.
The proposal complements Regulation (EU) 2017/2403 on external fleet management. This provides that Union fishing vessels are subject to RFMO fishing authorisations according to the conditions and rules of particular RFMOs and Council Regulation (EC) No 1005/2008 on illegal, unreported and unregulated fishing.
This proposal does not cover fishing opportunities for the EU decided by the WCPFC. Fishing opportunities are implemented through Council decisions under Article 43(3) of the TFEU. It is the Council’s prerogative to adopt measures on fixing prices, levies, aid and quantitative limitations and on the fixing and allocation of fishing opportunities.
• Consistency with other Union policies
The proposal is consistent with other Union policies.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The proposal is based on Article 43(2) TFEU and sets out provisions necessary to pursue the CFP objectives.
• Subsidiarity (for non-exclusive competence)
The proposal falls under the exclusive competence of the Union (Article 3(1)(d) TFEU). The subsidiarity principle, therefore, does not apply.
• Proportionality
The proposal will ensure that Union law is in line with its international obligations adopted by the WCPFC and that the Union complies with the decisions taken by the RFMOs to which the Union is a contracting party. The proposal does not exceed the powers that are necessary to achieve this objective.
• Choice of the instrument
The instrument chosen is a regulation of the European Parliament and of the Council.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Not relevant.
• Stakeholder consultations
The purpose of this proposal is to implement existing WCPFC measures which are binding upon the contracting parties. National experts, and industry representatives from EU countries, are consulted both during the run-up to the WCPFC meetings at which these CMMs are adopted and throughout negotiations at the WCPFC annual meeting. Consequently, it was not considered necessary to hold a stakeholder consultation on this regulation.
• Collection and use of expertise
Not relevant.
• Impact assessment
Not relevant. This is an implementation of a CMM that is directly applicable to Member States.
• Regulatory fitness and simplification
This proposal is not linked to REFIT.
• Fundamental rights
This proposal has no consequences for the protection of citizens’ fundamental rights.
4. BUDGETARY IMPLICATIONS
There are no budgetary implications.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Not applicable.
• Explanatory documents (for directives)
Not applicable.
• Detailed explanation of the specific provisions of the proposal
Chapter I contains general provisions on the proposal’s subject matter, scope and objective. It also sets out definitions. This Regulation is applicable to EU vessels fishing in the WCPFC Convention Area and to the rules related to authorisation to fish.
Chapter II deals with conservation and management measures, including provisions for: purse seine vessels fishing for tropical tuna and longline vessels fishing for swordfish; closure of fisheries; prohibition of fishing on data buoys; provisions on fishing in the vicinity of fish aggregating devices, their deployment and design; and setting rules for transhipment in port.
Chapter III sets out measures designed to protect marine species in the WCPFC Convention Area, such as: oceanic white tip, silky and hammerhead sharks; mobulid rays, including provisions for data collection and reporting on these rays, as well as their release; and sea turtles, seabirds and cetaceans.
Chapter IV sets rules on: requirements for vessels, their marking and identification; the vessels monitoring scheme, including the WCPFC regional vessels register scheme; bunkering duties; and the charter notification scheme.
Chapter V contains provisions on: the WCPFC regional observer scheme, including rules on the coverage of the observer programme; the rights and responsibilities of vessel operators and masters; the safety of observers; and the reporting duties and obligations of observers.
Chapter VI regulates boarding and inspection procedures, the list of serious infringements, provisions for evidence, and enforcement and use of force.
Chapter VII covers port State measures, and the procedure in the event of suspected illegal, unreported and unregulated fishing activities.
Chapter VIII contains final provisions on matters including the confidentiality of electronic reports and messages, the procedure for tabling amendments, delegated powers and amendments to existing EU legislation.