Considerations on COM(2009)123 - Establishment of the EC position to be adopted in the Indian Ocean Tuna Commission

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(1) Article 33 of the EC Treaty, in conjunction with Article 32 thereof, provides that one of the objectives of the Common Fisheries Policy is to assure the availability of supplies. Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy provides that the Community shall apply the precautionary approach in taking measures designed to protect and conserve living aquatic resources, to provide for their sustainable exploitation and to minimise the impact of fishing activities on marine eco-systems. It also provides that the Community shall aim at a progressive implementation of an eco-system-based approach to fisheries management, and aim to contribute to efficient fishing activities within an economically viable and competitive fisheries and aquaculture industry, providing a fair standard of living for those who depend on fishing activities and taking into account the interest of consumers.

(2) The European Community is a Contracting Party to the Agreement establishing the Indian Ocean Tuna Commission (IOTC) within the framework of the Food and Agriculture Organisation of the United Nations. The IOTC may, on the basis of scientific evidence, adopt measures designed to maintain the populations of highly migratory fish stocks (tuna and tuna-like fishes) that may be taken in Indian Ocean and adjacent seas, north of the Antarctic Convergence area at levels which will ensure the long-term sustainability of such stocks,

(3) Pursuant to the second sub-paragraph of Article 300 (2) of the EC Treaty, the position of the Community in bodies set up by regional fisheries agreements which are called upon to adopt decisions having legal effects (but not modifying the institutional framework of the agreements concerned) must be adopted by qualified majority by Council decision, on a proposal from the Commission.