Explanatory Memorandum to COM(2024)407 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)407 - . |
|---|---|
| source | COM(2024)407 |
| date | 13-09-2024 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
As provided in the United Nations Convention on the Law of the Sea of 10 December 19821 (‘UNCLOS’) and in the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 19952 (‘UNFSA’), the management of certain shared, straddling and highly migratory fish stocks requires the cooperation of all the countries in whose waters the stock occurs (the coastal States) and the countries whose fleets exploit that stock (the fishing States). This cooperation may be established in the framework of regional fisheries management organisations (‘RFMOs’) or, where RFMOs have no competence for the stock in question, by means of ad hoc arrangements among the countries having an interest in the fishery. Agreement on the management of straddling and highly migratory stocks is often difficult to reach and requires a genuine willingness of all States concerned to cooperate. The adoption of unilateral measures by certain States may lead to considerable depletion of the fish stock in question even if other States take measures to moderate their fishing effort.
The EU being a lucrative market of destination for fisheries products, it has a particular responsibility in ensuring that the above-mentioned obligation of cooperation is respected.
Regulation (EU) 1026/2012 of the European Parliament and of the Council on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing3 lays down a framework for the EU to adopt certain measures regarding the fisheries-related activities and policies of third countries which allow non-sustainable fishing in order to ensure the long-term conservation of stocks of common interest to the Union and those third countries. Such measures can include identifying a country as a country allowing non-sustainable fishing and imposing quantitative restrictions on importations of fish from the stock of common interest that have been caught under the control of that country and on importations of fishery products made of or containing such fish.
The framework laid down in Regulation (EU) 1026/2012 was used only once, in 2013, to impose import restrictions and port measures targeting Faroese fisheries of both herring and mackerel. It played a pivotal role in the conclusion and signature, in 2014, of a mackerel sharing arrangement. The EU lifted the measures adopted pursuant to Regulation (EU) 1026/2012 in 2014, following the signature of the sharing agreement and the decrease of the unilaterally increased quotas which had led to unsustainable fishing.
This proposal is a targeted amendment to Regulation (EU) 1026/2012 and is mostly aimed at clarifying certain elements of the conditions to trigger the identification of a country as allowing unsustainable fishing, for increased legal certainty. The amendment is also intended to clarify and reinforce the process for cooperation before and after the EU takes measures, with the ultimate goal to obtain the cessation of non-sustainable fishing practices as soon as possible.
• Consistency with existing policy provisions in the policy area
This proposal complements, and is consistent with, other provisions of Union law in this area. This proposal is in line with Part VI (External Policy) of Regulation (EU) No 1380/2013 on the common fisheries policy (CFP)4. This provides for the Union to conduct its external fisheries in accordance with its international obligations and to base its fishing activities on regional fisheries cooperation.
• Consistency with other Union policies
The proposal is in line with the Union’s environmental and trade policies, supporting the overarching objectives of the European Green Deal.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Like Regulation (EU) 1026/2012, this proposal is based on Articles 43(2) and 207 of the Treaty on the Functioning of the European Union (TFEU).
• Subsidiarity (for non-exclusive competence)
As this proposal falls under the exclusive competence of the Union (Article 3(1)(d) TFEU), the subsidiarity principle does not apply.
• Proportionality
Since the proposal concerns targeted amendments seeking to clarify certain provisions of Regulation (EU) No 1026/2012, there are no concerns regarding the proportionality principle.
• Choice of the instrument
The proposed act is a Regulation to be adopted by the European Parliament and the Council, given that the act to be amended is a Regulation adopted by the European Parliament and the Council.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
N/A
This proposal seeks to clarify specific provisions of Regulation (EU) 1026/2012.
• Stakeholder consultations
N/A
• Collection and use of expertise
N/A
• Impact assessment
N/A
• Regulatory fitness and simplification
N/A
• Fundamental rights
This proposal has no consequences for the protection of fundamental rights.
4. BUDGETARY IMPLICATIONS
This proposal has no budgetary implications.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
N/A
An implementation plan cannot be defined as Regulation (EU) 1026/2012 lays down the framework for the adoption of certain measures regarding fisheries-related activities and policies by third countries. It empowers the Commission to act (identify a country and impose measures) only under specific circumstances and it is not possible to plan in advance when those circumstances will arise and the conditions to trigger the Regulation will be met.
• Explanatory documents (for directives)
N/A
• Detailed explanation of the specific provisions of the proposal
This proposal seeks to amend Regulation (EU) No 1026/2012 in three ways.
First, it seeks to add a new indent to the existing Article 2 “Definitions”, in order to clarify the requirement to cooperate under UNCLOS and UNFSA.
Second, it seeks to clarify that a country may be considered to allow non-sustainable fishing if it does not implement the necessary measures, and that such measures include control measures.
Third, it seeks to reinforce the procedures prior and subsequent to the adoption of measures in respect to countries allowing non-sustainable fishing.