Legal provisions of COM(2009)556 - Signing of the Agreement on Port State measures to prevent, deter, and eliminate Illegal, Unreported and Unregulated fishing (IUU fishing) - Main contents
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| dossier | COM(2009)556 - Signing of the Agreement on Port State measures to prevent, deter, and eliminate Illegal, Unreported and Unregulated fishing ... |
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| document | COM(2009)556  |
| date | October 16, 2009 |
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52009PC0556
Proposal for a Council Decision on the signing, on behalf of the European Community, of the Agreement on Port State measures to prevent, deter, and eliminate Illegal, Unreported and Unregulated fishing (IUU fishing) /* COM/2009/0556 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 16.10.2009
COM(2009)556 final
Proposal for a
COUNCIL DECISION
on the signing, on behalf of the European Community, of the Agreement on Port State measures to prevent, deter, and eliminate Illegal, Unreported and Unregulated fishing (IUU fishing)
EXPLANATORY MEMORANDUM
At the 2007 meeting of the FAO Committee for Fisheries, it was agreed that an international legally binding instrument on Port State measures to prevent, deter and eliminate IUU fishing should be elaborated.
An expert consultation on this issue took place in Washington in September 2007.
In June 2008, the Council adopted a decision authorising the Commission to conduct negotiations for the elaboration of such an instrument on behalf of the European Community.
FAO has subsequently held four technical consultations, open to all FAO Parties, with the aim of finalizing the draft international instrument on Port State measures. During its fourth session, held in Rome from 24-28 august 2009, Parties reached a tentative agreement on a draft text. The text has subsequently been reviewed by an editorial review group. This text will now be submitted to the relevant FAO bodies with a view of having it adopted at the 36th Conference of FAO in Rome from 18-23 November 2009, at which time it is planned to be made open for signature.
Port State measures have been identified as a key tool in the fight of the international community against IUU fishing. This resulted in particular in the adoption in 2005 by the FAO of the Model Scheme on Port State Measures to Combat IUU Fishing. This Model Scheme provides for minimum standards which should underpin the adoption of measures by States in order to monitor, control and inspect foreign-flagged fishing vessels wishing to use their harbours. It is a voluntary and non-binding instrument.
In addition, some Regional Fisheries Management Organisations have put in place binding Port State mechanisms which shall be applied by Parties to these Organisations in order to monitor the legality of landing, transhipment and other operations in their ports. Specific rules have also been enacted in some Regional Fisheries Management Organisations (RFMOs) aiming to deny port access to vessels listed by the organisation as having engaged or supported IUU fishing activities.
The Community is a member of the FAO as well as of 13 RFMOs. Port State mechanisms adopted within RFMOs have been implemented into Community law. Community law also provides for general rules applying to the landing of fisheries products by third country vessels in Community ports.
The fight against IUU fishing constitutes an essential component of the Common Fisheries Policy and the Community should be able to foster international cooperation on this matter by participating actively and constructively in the adoption on an international instrument on Port State measures.
The Community has participated in this process from the start and has played an active and constructive role in the drafting of the Agreement.
Proposal for a
COUNCIL DECISION
on the signing, on behalf of the European Community, of the Agreement on Port State measures to prevent, deter, and eliminate Illegal, Unreported and Unregulated fishing (IUU fishing)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with the first sentence of the first subparagraph of Article 300 (2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The European Community is competent to adopt measures for the conservation, management and control of fisheries resources and to enter into agreements with third countries and within the framework of international organisations.
(2) The European Community is a Contracting Party to the United Nations Convention on the Law of the Sea, which inter alia requires all members of the international community to cooperate in managing and conserving the biological resources of the sea.
(3) The Community and its Member States are contracting parties to the Agreement on the implementation of the provisions of the United Nations Convention of 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 Fourth Technical Consultation of Parties to the Food and Agriculture Organisation (FAO), held in Rome between 24-28 August 2009 to elaborate a legally binding agreement for Port State measures to combat IUU fishing, adopted a draft Agreement for adoption under Article XIV of the FAO Constitution.
(5) The European Community is a major player in international fisheries and one of the main global markets for fishery products. It is therefore in its interest of the European Community to play an effective role in the implementation of the Agreement and to sign the Agreement,
HAS DECIDED AS FOLLOWS:
Article 1
The text of the Agreement is attached to this decision.