Explanatory Memorandum to COM(2023)408 - EU position in the Fishery Committee for the Eastern Central Atlantic - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)408 - EU position in the Fishery Committee for the Eastern Central Atlantic. |
|---|---|
| source | COM(2023)408  |
| date | 11-07-2023 |
This proposal concerns a Decision establishing the position to be taken on the behalf of the European Union in the sessions of the Fishery Committee for the Eastern Central Atlantic (CECAF) in 2024-2028 on the planned adoption of non-binding observations and measures regarding the management of living marine resources.
2.1.Food and Agriculture Organization of the United Nations
The Fishery Committee for the Eastern Central Atlantic (CECAF) was established by Resolution 1/48 of the Council of the Food and Agriculture Organization (FAO) of the United Nations under Article VI i of the FAO Constitution. The CECAF’s statutes were promulgated by the FAO Director-General on 19 September 1967 and were last amended in 2003, particularly as regards the CECAF’s purpose, functions and responsibilities.
The purpose of the CECAF is to promote the sustainable utilisation of the living marine resources within its area for which it is responsible by the proper management and development of the fisheries and fishing operations. The Committee covers all living marine resources in the area covered by the CECAF, which runs from Cape Spartel to the mouth of the Congo River.
The European Union is a member of the CECAF 1 , as are Greece, Spain, France, Italy, Netherlands, Poland, Romania.
2.2.The Fishery Committee for the Eastern Central Atlantic
The CECAF is a consultative technical and regional fisheries body (RFB) established under Article VI i of the FAO Constitution. The CECAF’s Secretariat is managed and financed by the FAO. Its main functions include promoting, coordinating and facilitating scientific research, governance, and activities related to the conservation and management of living marine resources in the area for which it is responsible. The CECAF can also provide advice to its members on fisheries management, monitoring, control and surveillance. It also works to establish the scientific basis for regulatory measures leading to the conservation and management of marine fishery resources, and provides advice on the adoption of regulatory measures by member governments.
Sessions of the CECAF are normally held every two years. As a member, the EU is entitled to participate in, and vote on, its decisions. Decisions of the CECAF are taken by a majority of the votes cast, except as otherwise laid down in its rules of procedure.
2.3.Decisions adopted by the Fishery Committee for the Eastern Central Atlantic
Under the terms of reference of its revised statutes, the CECAF gives advice on management measures (‘measures’) to member governments and competent regional organisations. Because of its advisory status, the CECAF’s decisions are not binding on its members.
3.Position to be taken on the EU's behalf
Consistent with the procedures applicable to regional fisheries management organisations (RFMOs), the position to be adopted on behalf of the EU at the annual meetings of RFBs such as the CECAF shall be established using 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 before each annual meeting by Commission services non-papers to be endorsed by the Council.
For the CECAF, this approach is implemented by Council Decision (EU) 2019/1570 of 16 September 2019, which sets out the EU’s position in the CECAF for the period 2019-2023. The Decision contains general principles, but also takes into account as far as possible, the specific features of the CECAF. 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) 2019/1570 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) 2019/1570 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 CECAF for the period 2024-2028, thereby replacing Council Decision (EU) 2019/1570.
The current revision 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 (‘the Treaty’) 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’.
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 10 .
4.1.2.Application to this case
The CECAF is a technical and regional fisheries body set up by FAO resolution 1/48 of 1967, under Article VI i of the FAO Constitution. While the CECAF decisions (‘measures’) are not binding on its members, acts that the CECAF is called on to adopt do constitute acts capable of decisively influencing the content of the legislation adopted by the EU legislature.
The envisaged act does not supplement or amend the institutional framework of the agreement.
Therefore, the procedural legal basis for the proposed Decision is Article 218(9) of the Treaty.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a decision under Article 218(9) of the Treaty depends primarily on the objective and content of the envisaged act in respect of which a position is being taken on the EU’s behalf. If the envisaged 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) of the Treaty must have a single substantive legal basis, which is that required by the main aim or component.
4.2.2.Application to this case
The main objective and content of the envisaged act relate to fisheries. The legal basis that sets 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) 2019/1570, which covers the period 2019-2023.
4.3.Conclusion
The legal basis of the proposed Decision should therefore be Article 43 i of the Treaty in conjunction with Article 218(9) of the Treaty.