Explanatory Memorandum to COM(2023)427 - EU position in the South-East Atlantic Fisheries Organisation - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)427 - EU position in the South-East Atlantic Fisheries Organisation. |
|---|---|
| source | COM(2023)427  |
| date | 11-07-2023 |
This proposal concerns a Decision establishing the position to be taken on the behalf of the European Union at meetings of the South‑East Atlantic Fisheries Organisation (SEAFO) for the period 2024‑2028 in connection with the envisaged adoption of conservation and management measures.
2.1.Convention on the Conservation and Management of Fishery Resources in the South‑East Atlantic Ocean
The Convention on the Conservation and Management of Fishery Resources in the South‑East Atlantic Ocean (SEAFO Convention) aims, by establishing the SEAFO, to ensure the long‑term conservation and sustainable use of the fishery resources in the Convention area. The Convention entered into force on 13 April 2003.
The EU is a party to the SEAFO Convention, having approved it under Council Decision 2002/738/EC 1 .
2.2.Commission of the South‑East Atlantic Fisheries Organisation
The Commission of the South‑East Atlantic Fisheries Organisation (SEAFO Commission) is the body responsible for the management and conservation of the fishery resources of the SEAFO Convention area. It adopts conservation and management measures to ensure the long-term conservation and sustainable use of the fish stocks covered by the Convention.
As a member of the SEAFO Commission, the EU is entitled to participate in, and vote on, its decisions. The SEAFO Commission takes its decisions by consensus.
2.3.SEAFO Commission decisions
The SEAFO Commission has the authority to adopt conservation and management measures for the fisheries under its purview, which are binding on the contracting parties.
In accordance with Article 23.1 of the SEAFO Convention, the measures enter into force 60 days after the date on which the contracting parties are notified of them by the SEAFO, unless a contracting party notifies SEAFO Commission that it is unable to accept a measure. In that case that measures shall not be binding that contracting party.
3.Position to be taken on the EU’s behalf
The position to be adopted on behalf of the EU at the annual meetings of regional fisheries management organisations (RFMOs) is currently established according to a two‑tier approach. A Council Decision sets out the guiding principles of the EU’s position on a multiannual basis and it is subsequently adjusted for each annual meeting by Commission services non-papers to be endorsed by the Council.
For the SEAFO, this approach is implemented by Council Decision (EU) 2019/861 of 14 May 2019, which sets out the EU’s position in the SEAFO for the period 2019-2023. The Decision contains general principle, but also takes into account as far as possible the specific features of the SEAFO. In addition, it sets out the standard process for establishing the EU’s position year by year, as requested by Member States.
Council Decision (EU) 2019/861 incorporated the principles of the new common fisheries policy, as laid down in Regulation (EU) No 1380/2013 of the European Parliament and of the Council 2 , also taking into account the objectives set out in the Commission Communication on the external dimension of the common fisheries policy 3 . Moreover, it adjusted the EU’s position to the Treaty of Lisbon.
Council Decision (EU) 2019/861 provides for an assessment, and where appropriate, a revision of the EU’s position before the 2024 annual meeting. Therefore, this proposal sets out the EU’s position in the SEAFO for the period 2024‑2028, thereby replacing Council Decision (EU) 2019/861.
The current proposal takes into consideration, in relation to fishing, the European Green Deal, notably Biodiversity 4 , Climate Adaptation 5 and Farm to Fork Strategies 6 . It also takes into account the Plastics Strategy 7 and the Zero pollution Action Plan 8 . Furthermore, it also takes into consideration, the International Ocean Governance Joint Communication 9 .
4.Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing the positions to be adopted on the EU’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement’.
‘Acts having legal effects’ include acts that have legal effects by virtue of the rules of international law governing the body in question, and instruments that do not have a binding effect under international law, but are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 10 .
4.1.2.Application to the present case
The SEAFO Commission is a body set up by an agreement, namely the SEAFO Convention.
The acts that the SEAFO Commission is called on to adopt constitute acts having legal effects. The envisaged acts are to be binding under international law in accordance with Article 23 of the SEAFO Convention and are capable of decisively influencing the content of EU legislation, including:
·Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing 11 ;
·Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy 12 ; and
·Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets 13 .
The envisaged acts do not supplement or amend the institutional framework of the SEAFO Convention.
Therefore, the procedural legal basis for the proposed Decision is Article 218(9) TFEU.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a Decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the EU’s behalf. If that act pursues two aims or has two components, and if one of those aims or components is identifiable as the main one (whereas the other is merely incidental) the Decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
4.2.2.Application to the present case
The main objective and content of the envisaged act relate to fisheries. The legal basis setting out the principles to be reflected in this position is Regulation (EU) No 1380/2013.
Therefore, the substantive legal basis of the proposed Decision is Article 43 i TFEU. The Decision will replace Council Decision (EU) 2019/861, which covers the period 2019-2023.
4.3.Conclusion
The legal basis of the proposed Decision should be Article 43 i TFEU, in conjunction with Article 218(9) TFEU.