Explanatory Memorandum to COM(2023)4 - Amendment of the list of non-cooperating third countries in fighting illegal, unreported and unregulated fishing, as regards Cameroon

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dossier COM(2023)4 - Amendment of the list of non-cooperating third countries in fighting illegal, unreported and unregulated fishing, as regards ...
source COM(2023)4 EN
date 05-01-2023


1. CONTEXT OF THE PROPOSAL

Grounds for and objectives of the proposal

This proposal concerns the application of Council Regulation (EC) No 1005/2008 of 29 September 2008 on establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (IUU fishing), amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 1 (the IUU Regulation).

General context

This proposal is made in the context of the implementation of the IUU Regulation and is the result of the analysis and dialogue procedures which were carried out in line with the substantive and procedural requirements laid out in the IUU Regulation foreseeing inter alia that all countries should discharge the duties incumbent upon them under international law as flag, port, coastal or market State to prevent, deter and eliminate IUU fishing.

Existing provisions in the area of the proposal

Commission Decision of 17 February 2021 (OJ C 59, 19.2.2021, p.

1) on notifying the Republic of Cameroon of the possibility of being identified as a non-cooperating third country in fighting illegal, unreported and unregulated fishing pursuant to Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing.

Commission Implementing Decision of 5 January 2023  2  identifying Cameroon as a non-cooperating third country in fighting illegal, unreported and unregulated fishing.

Consistency with other policies and objectives of the Union

Not applicable.

2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Consultation of interested parties

Interested parties concerned by the proceeding have had the possibility to defend their interests during the analysis and dialogue procedures, in line with the provisions of the IUU Regulation.

Collection and use of expertise

There was no need for external expertise.

Impact assessment

This proposal is the result of the implementation of the IUU Regulation.

The IUU Regulation does not contain provisions for a general impact assessment but contains an exhaustive list of conditions that have to be assessed.

3. LEGAL ELEMENTS OF THE PROPOSAL

Summary of the proposed action

On 17 February 2021, the Commission, by Commission Decision, notified Cameroon that the Commission considers as possible of being identified as non-cooperating country pursuant to the IUU Regulation.

The Commission initiated démarches in respect of Cameroon. These démarches consisted inter alia of actions providing reasons of its actions, opportunity for the country to respond and refute, right to ask for and provide additional information, proposed actions plan to remedy the situation as well as adequate time to answer and reasonable time to remedy the situation.

On 5 January 2023 the Commission, by Commission Implementing Decision, identified Cameroon as a third country that the Commission considers as a non-cooperating third country pursuant to the IUU Regulation.

The attached proposal for a Council Implementing Decision is based on the findings which have confirmed that Cameroon has failed to discharge the duties incumbent upon it under international law as flag, port, coastal or market State.

It is therefore proposed that the Council adopts the attached proposal for a Decision.

Legal basis

Council Regulation (EC) No 1005/2008 of 29 September 2008 on establishing a Community system to prevent, deter and eliminate IUU fishing.

Subsidiarity principle

The proposal falls under the exclusive competence of the European Union. The subsidiarity principle therefore does not apply.

Proportionality principle

The proposal complies with the proportionality principle for the following reasons:

The form of action is described in the IUU Regulation and leaves no scope for national decision.

Indication of how financial and administrative burden falling upon the Union, national governments, regional and local authorities, economic operators and citizens is minimised and proportionate to the objective of the proposal is not applicable.

Choice of instruments

Proposed instruments: decision.

Other means would not be adequate for the following reason:

Other means would not be adequate because the IUU Regulation does not provide for alternative options.

4. BUDGETARY IMPLICATION

The proposal has no implication for the Union budget.