Explanatory Memorandum to COM(2023)422 - EU position in the Western and Central Pacific Fisheries Commission (WCPFC) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)422 - EU position in the Western and Central Pacific Fisheries Commission (WCPFC). |
|---|---|
| source | COM(2023)422  |
| 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 Western and Central Pacific Fisheries Commission (WCPFC) 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 Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
The Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPF Convention) aims, by establishing the WCPFC, to ensure, through effective management, the long-term conservation and sustainable use of highly migratory fish stocks in the Western and Central Pacific Ocean. The Convention entered into force on 19 June 2004.
The EU is a party to the WCPFC, having approved the WCPF Convention under Council Decision 2005/75/EC 1 .
2.2.Western and Central Pacific Fisheries Commission
The WCPFC is the body established by the WCFP Convention to be responsible for the management and conservation of fishery resources in the Convention area. It adopts conservation and management measures to ensure the long-term sustainability of highly migratory fish stocks in the Convention area and promote their optimum utilisation. Such measures may become binding on the EU.
As a member of the WCPFC, the EU is entitled to participate in, and vote on, its decisions. The WCPFC takes its decisions by consensus, with the possibility of a three-quarters majority vote on decisions of substance where no consensus can be reached. Nevertheless, consensus is required on certain matters.
2.3.WCPFC decisions
The WCPFC has the authority to adopt conservation and management measures for the fisheries for which it is responsible and these are binding on the contracting parties.
In accordance with Article 20(5) of the WCPF Convention, the measures enter into force 60 days after the date on which the contracting parties are notified of them by the WCPFC. A WCPFC member that has voted against a decision, or was absent from the meeting at which it was made, may, within 30 days of the adoption of the decision, seek a review of it by a review panel.
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 WCPFC, this approach is implemented by Council Decision (EU) 2019/862 of 14 May 2019, which sets out the EU’s position in the WCPFC for the period 2019-2023. The Decision contains general principles, but also takes into account as far as possible the specific features of the WCPFC. 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) 2019/862 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) 2019/862 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 WCPFC for the period 2024-2028, thereby replacing Council Decision (EU) 2019/862.
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 WCPFC is a body set up by an agreement, namely the WCPF Convention.
The acts that the WCPFC is called upon to adopt constitute acts having legal effects. They are to be binding under international law in accordance with Article 20 of the WCPF 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 ;
·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 , and
·Regulation (EU) 2022/2056 of the European Parliament and of the Council of 19 October 2022 laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007 14 .
The envisaged acts do not supplement or amend the institutional framework of the WCPF 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) 2019/862, 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.