Considerations on COM(2018)376 - Authorisation of the Commission for negotiations to accede to the Convention for the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean

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dossier COM(2018)376 - Authorisation of the Commission for negotiations to accede to the Convention for the Conservation and Management of High ...
document COM(2018)376 EN
date June  1, 2018
 
(1) The Union is competent to adopt measures for the conservation of marine biological resources under the common fisheries policy and to enter into agreements with third countries and international organisations.

(2) Pursuant to Council Decision 98/392/EC 6 , the Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982. That convention requires all members of the international community to cooperate in conserving and managing the biological resources of the sea.

(3) Pursuant to Council Decision 98/414/EC 7 , the Union is a Contracting Party to the Agreement on 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.

(4) The EU Member States and fishing operators have expressed their interest to fish in the area of the Convention for the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean (ʻthe Conventionʼ).

(5) The Convention allows for the accession of Regional Economic Integration Organisations to the Convention. The North Pacific Fisheries Commission (ʻNPFCʼ) is the body established to perform the functions foreseen by the Convention. Parties to the Convention participate in the decision-making process. As a general rule, the NPFC adopts its decisions by consensus.

(6) Subject to the terms and conditions established by the North Pacific Fisheries Commission, a cooperating non-contracting Party (ʻCNCPʼ) may participate in the fisheries subject to its commitment to comply with, and its record of compliance with, the NPFC conservation and management measures. CNCPs do not participate in the decision-making process but are obliged to cooperate fully with the NPFC and apply the conservation and management measures adopted by the Commission. CNCPs are encouraged to make a contribution to the budget of the NPFC.

(7) It is appropriate to ensure the Union’s conservation approach across the world’s oceans and reinforce its commitment to the long-term conservation and sustainable use of fisheries resources globally. In accordance the Joint Communication by the High Representative of the EU for Foreign Affairs and Security Policy and the European Commission ‘International ocean governance: an agenda for the future of oceans’ and the Council conclusions on that joint communication, promoting measures to support and enhance the effectiveness of RFMOs and, where relevant, improve their governance is a central feature of the EU’s action in these fora.

(8) Negotiations should be opened with a view to the accession of the European Union to the Convention. Should it become apparent that it is impossible for the EU to accede to the Convention, or to do so within a reasonable timeframe, it is appropriate to negotiate the terms of participation of the EU as a CNCP.