Explanatory Memorandum to COM(2022)171 - Amendment of management, conservation and control measures for Atlantic Tunas and bluefin tuna in the Atlantic and the Mediterranean - Main contents
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| dossier | COM(2022)171 - Amendment of management, conservation and control measures for Atlantic Tunas and bluefin tuna in the Atlantic and the ... |
|---|---|
| source | COM(2022)171  |
| date | 21-04-2022 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Pursuant to Council Decision 86/238/EEC 1 , the Union has been a Contracting Party to the International Convention for the Conservation of Atlantic Tunas (‘the ICCAT Convention’) since 14 November 1997.
The main purpose of the proposal is to implement into Union law the amendments to the conservation and enforcement measures adopted by the International Commission for the Conservation of Atlantic Tunas (‘the ICCAT’) at its annual meetings of 2006, 2016, 2017, 2018, 2019 and 2021.
The ICCAT Convention provides for a framework of regional cooperation on the conservation and management of tunas and tuna-like species in the Atlantic Ocean and the adjoining seas through the setting up of the ICCAT.
The ICCAT has the authority to adopt decisions (recommendations) for the conservation and management of the fisheries under its purview, which are binding for the Contracting Parties. Those recommendations are essentially addressed to the Contracting Parties to the Convention, but also contain obligations for operators (e.g. vessel masters). Those apply exclusively to the ICCAT Convention area, covering the high seas and exclusive economic zones of Contracting Parties.
Article VIII(2) of the ICCAT Convention states that ICCAT recommendations become effective for all Contracting Parties six months after the date of the notification from the ICCAT Commission and the Contracting Parties are required to implement them.
Article 3(5) of the Treaty on European Union stipulates that the EU shall contribute to the strict observance of international law. This includes compliance with the ICCAT’s management, conservation and control measures.
Regulation (EU) 2017/2107 2 implemented into Union law the ICCAT management, conservation and control measures following ICCAT recommendations. This proposal covers a number of amendments following ICCAT recommendations adopted in 2006, 2016, 2017, 2018 and 2019 and need to be implemented into Union law.
•Consistency with existing policy provisions in the policy area
The proposal is consistent with Regulation (EU) 2017/2107, and amends it with the most recent ICCAT recommendations concerning not yet implemented into Union law: measures for tropical tunas, North and Southern albacore, sailfish, blue and white marlin, billfish data reporting, shortfin mako sharks, as well as health and safety of observers in the ICCAT regional observer programmes, responsibilities for scientific observers, and update to list of ICCAT species. In addition the proposal also contains an amendment to the Regulation of the European Parliament and of the Council establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulation (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627 3 , that is outside of the scope of Regulation (EU) 2017/2107.
The proposal is in line with Part VI (external policy) of Regulation (EU) No 1380/2013 4 on the common fisheries policy, which provides that the Union conducts its external fisheries in accordance with its international obligations and policy objectives. This includes actively support and contribute to the activities of international organisations dealing with fisheries, including regional fisheries management organisations (‘RFMOs) and including through the European Fisheries Control Agency, cooperate with third countries and international organisations dealing with fisheries, including RFMOs, to strengthen compliance.
The proposal complements Regulation (EU) 2017/2403 5 on the sustainable management of external fishing fleets, which, provides that Union fishing vessels are subject to RFMOs special fishing authorisations. The proposal also complements the Council Regulation (EC) No 1005/2008 6 concerning illegal unreported and unregulated fishing providing for inclusion of the ICCAT Illegal, Unreported and Unregulated (IUU) list into the Union IUU vessels list.
This proposal does not cover the EU’s fishing opportunities that are decided annually by ICCAT. Under Article 43(3) of the Treaty on the Functioning of the European Union (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, as it sets out the provisions needed to pursue the objectives of the common fisheries policy.
•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 the Union’s ICCAT obligations are met, without going beyond what is necessary to achieve this objective.
• Choice of the instrument
The instrument of choice 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
EU Member States national experts and industry representatives were consulted both during the run-up to the ICCAT annual meetings at which the above-mentioned recommendations were adopted and during the ICCAT negotiations.
• Collection and use of expertise
This proposal implements into Union law ICCAT recommendations that were adopted in accordance with the ICCAT standing committees on scientific and control advice.
• Impact assessment
Not relevant. This proposal implements into Union law ICCAT recommendations that are binding on Contracting Parties.
• Regulatory fitness and simplification
This proposal is not linked to regulatory fitness and simplification (REFIT).
• Fundamental rights
This proposal has no impact on the protection of fundamental rights.
4. BUDGETARY IMPLICATIONS
This proposal has 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
The proposal contains a number of provisions covering ICCAT Recommendations including the following: (i) definitions of support vessels and fish-aggregating devices, fish-aggregating device (‘FAD’)-set, floating object, and operational buoy following ICCAT Recommendation 19-02; (ii) for tropical tuna capacity limitations, and prohibition of discards by purse seiners that need to be implemented into Union law following ICCAT Recommendation 17-01; (iii) new provisions for FAD deployment and observer coverage following ICCAT Recommendation 19-02; (iv) Northern and Southern Atlantic Albacore provisions following ICCAT Recommendations 16-06 and 16-07, including carryover provisions, as well as carry-over for North and South Atlantic swordfish following ICCAT Recommendations 17-02 and 17-03; (v) data collection provisions for the sailfish, billfish and marlins following ICCAT Recommendations 16-11, 18-05, 19-05; and (vi) bigeye tuna carryover provisions following ICCAT Recommendation 21-01.
For sharks, the proposal contains updated provisions concerning shortfin mako shark and shark data collection following ICCAT Recommendations 19-06, 19-07 and 19-08. In addition, following ICCAT Recommendations (16-14, 16-15, 18-10, 19-10) the proposal contains provisions concerning data transmission frequency for purse seine vessels, new provisions concerning ICCAT Record of carrier vessels as well as Member States duties concerning carrying under ICCAT regional observer programme, including minimum observer coverage.
ICCAT Recommendation 19-02 concerning responsibilities for scientific observers requires an update to Regulation 2017/2107, including observer coverage. The proposal also contains duties concerning sighting of vessels following ICCAT Recommendation 19-09, and names of new species covered by ICCAT to amend Annex I to the Regulation (EU) 2017/2107 following ICCAT Recommendation 19-01.
In addition, the proposal proposes to amend the Regulation on the Multi-annual plan for the Bluefin Tuna with the Member States declaration on annual carry-over and certain caging provisions, following ICCAT Recommendation 06-07, as well as annual carry-over of bigeye tuna following ICCAT Recommendation 21-01.
The proposal also proposes to amend the Commission’s empowerment to amend the Regulation (EU) 2017/2107 following subsequent changes adopted by ICCAT regarding: (i) tropical tuna capacity limitations and its annual capacity fishing plan reporting; (ii) annual quota carryover for bigeye tuna, North and Southern Atlantic Albacore tuna and North and South Atlantic swordfish; (iii) management plans in respect of fish-aggregating devices; (iv) number of instrumental buoys; (v) FAD requirements; (vi) information to be submitted on FADs by vessels; (vii) prohibition of FAD periods; (viii) restrictions on the number of vessels fishing North Atlantic Albacore; (ix) the North Atlantic swordfish management plan; (x) conditions to authorise catch and retain shortfin mako sharks; (xi) requirements to maximise the sea turtle survival; (xii) minimum percent of observer coverage and percentage coverage measurement; and (xiii) the list of ICCAT species.