Explanatory Memorandum to COM(2023)358 - Communication to the EP concerning the Council's position on a Regulation establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) N° 1936/2001, (EU) 2017/2107, and (EU) 2019/833

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2019/0272 (COD)

COMMUNICATION FROM THE COMMISSION
TO THE EUROPEAN PARLIAMENT

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union

concerning the

position of the Council on the adoption of a 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 Regulations (EC) N° 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627

1. Background

- Date of transmission of the proposal to the European Parliament and to the Council (document COM(2019) 619 final - 2019/0272 (COD)): 28 November 2019

- Date of the position of the European Parliament, first reading: 28 April 2021

- Date of transmission of the amended proposal: N/A

- Date of the political agreement and of adoption of the position of the Council in first reading: 26 June 2023

- Date of the opinion of the European Economic and Social Committee: 07 May 2020

- Date of the opinion of the Committee of the Regions : N/A

2. Objective of the proposal from the Commission

The Commission’s proposal aims at implementing in EU law Recommendation 18-02 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean Sea adopted in 2018 by the International Commission for the Conservation of Atlantic Tunas (ICCAT). The objective is to allow the Union to comply with its international obligations and to provide operators with legal certainty regarding rules and obligations.

3. Comments on the Council’s position

The Council’s position as adopted at first reading reflects the political agreement reached between the European Parliament and the Council on 24 April 2023.

The Commission considers that the position of the Council ensures the effective implementation of ICCAT Recommendation 18-02. The Council’s position at first reading also includes two provisions related to bluefin tuna taken from the Commission proposal for a regulation laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT)1. The Commission can support that inclusion.

The Commission supports the position of the Council because it is in line with the objectives of the Commission proposal and with the basic principles of sustainable fisheries under the common fisheries policy. Furthermore, the Commission welcomes the position of the Council on the following two concrete elements:

Allocation of quotas for small-scale vessels

Theese allocations of quotas concern the obligation for Member States to take into consideration small-scale vessels when allocating internally bluefin tuna quotas.

The position of the Council is largely based on Article 17 of the Common Fisheries Policy Regulation2 and the proposal of the Commission.

Obligation to launch an investigation

The Council’s position retains in Articles 50 and 51 an obligation for a flag Member State to launch an investigation in case the number of bluefin tuna caged is different from the reported number caught by the master of the purse seiner or trap operator who has caught the fish. Furthermore, the different responsibilities of the flag Member State and the farming Member State, as well as the duty of cooperation between the two when an investigation is launched, is in line with the most recent ICCAT recommendation adopted on bluefin tuna (ICCAT Recommendation 22-08).

4. Conclusion

The Commission supports the results of the inter-institutional negotiations and can therefore accept the Council's position at first reading.

5. Declarations from the Commission

N/A


1COM(2022)171.

2Regulation (EU) N°1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) N°1954/2003 and (EC) N°1224/2009 and repealing Council Regulations (EC) N° 2371/2002 and (EC) N°639/2004 and Council Decision 2004/585/EC

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