Explanatory Memorandum to COM(2020)308 - Management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area - Main contents
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| dossier | COM(2020)308 - Management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area. |
|---|---|
| source | COM(2020)308  |
| date | 14-07-2020 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The purpose of the proposal is to transpose into EU law the control, conservation and management measures adopted by the Inter-American Tropical Tuna Commission (IATTC), to which the European Union (EU) has been a contracting party since 2006. The IATTC is the regional fisheries management organisation (RFMO) responsible for managing tuna and tuna-like fishery resources in the Eastern Pacific Ocean (EPO) set out by the Convention for the strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (the IATTC Convention). The EU has an average of three purse-seiners and thirty-some long-liners operating in the IATTC Convention area. The main stocks targeted by the EU fleet are tropical tunas and swordfish.
All IATTC Convention Contracting Parties are members of the IATTC. The IATTC adopts conservation and management measures (‘Resolutions’) by consensus, in accordance with Article IX.7 of the IATTC Convention. The Commission, on behalf of the EU, draws up negotiating guidelines based on a five-year mandate set by Council Decision and on scientific advice. In accordance with the mandate, these guidelines are presented, discussed and endorsed at the Council Working Party, and further adjusted, to take account of real-time developments, at coordination meetings with Member States held at IATTC annual meetings.
The IATTC Convention states that the Resolutions adopted by the IATTC are binding (Articles IX.7) and that the contracting parties shall take the measures necessary to ensure the implementation of and compliance with the Convention and any conservation and management measures adopted pursuant thereto, including the adoption of the necessary laws and regulations (Article XVIII.1). IATTC Resolutions, though aimed mainly at the IATTC Contracting Parties, also impose obligations on operators (e.g. the vessel master).
At its annual meetings, the IATTC adopts new measures or amends the existing ones. They enter into force as IATTC Resolutions forty-five days after its adoption and following its notification by the IATTC’s Executive Secretary to the Contracting Parties. After the annual meeting, the Commission informs the Council about the measures adopted by the IATTC along with the planned date for their entry into force. Article 3(5) of the Treaty on European Union stipulates that the EU must abide strictly by international law, which includes compliance with IATTC Resolutions.
This proposal relates to the measures adopted by the IATTC since 2008. IATTC Resolutions can be amended annually at the IATTC annual meetings. Together with the adoption of new Resolutions, a historical overview show that any part of the existing IATTC Resolutions may be also amended at those meetings. It is incumbent on the EU to ensure compliance with these measures, as international obligations, as soon as they enter into force. This proposal is therefore designed to transpose the existing IATTC Resolutions; it also includes a mechanism to facilitate the implementation of the IATTC measures in the future.
On average the legislative process necessary to transpose into EU law conservation and management measures adopted by RFMOs requires an average of 18 months since the first drafting of the Commission proposal to the adoption of the final act by the Council and the European Parliament. Delegated powers ensure that, respecting the directives provided by the Co-legislator, the Union is able to quickly transpose into the Union law conservation measures adopted by the EU that would result beneficial for the EU fleet, reinforce the playing level field and further support the long-term sustainable management of the stocks. This proposal provides for delegated powers granted to the Commission under Article 290 of the Treaty on the Functioning of the European Union (TFEU), to cater for amendments to measures, which are expected to be frequent and to make sure that Union fishing vessels are put on equal footing with vessels of other Contracting Parties to the IATTC such as: the technical specifications for shark lines, transhipment declaration form, closure periods, Fish Aggregating Device (FAD) reporting timelines, provisions concerning design and deployment of FADs, data collection deadlines, areas and mitigation measures for the protection of seabirds, scientific observer coverage, information related to the Regional Vessel Register, reference to table for provision of data for the logbooks and unloading records, the Big Eye Tuna Statistical Document, reporting deadlines, the turtle mortality guidelines.
The reporting deadlines set out in this proposal were decided based on the deadlines set out by the IATTC Resolutions. The aim is to ensure that the EU submits its reports to the IATTC in the timely manner.
• Consistency with existing policy provisions in the policy area
The provisions of some IATTC Resolutions were last transposed through Title IV of Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) N° 973/2001.
For reasons of clarity, simplification and legal certainty, it is therefore preferable to amend the Council Regulation (EC) No 520/2007 by deleting its Title IV and to take account of the changes which were made since its adoption but which have not yet been covered by EU law. IATTC Resolutions concerning fishing periods for purse-seine vessels and limits of FADs are transposed in the Council Regulation (EU) 2019/124 1 .
The proposal is fully aligned with Part VI (External Policy) of Regulation (EU) No 1380/2013 on the Common Fisheries Policy CFP, which states that the EU shall conduct its external fisheries in accordance with its international obligations, basing EU fishing activities on regional fisheries co-operation, and working with the European Fisheries Control Agency to ensure the compliance.
The proposal complements Regulation (EU) 2017/2403 concerning the management of the external fleet, which states that EU fishing vessels are subject to a series of RFMO fishing authorisations under the conditions and rules of specific RFMOs and Council Regulation (EC) No 1005/2008 on illegal, unreported and unregulated fishing.
This proposal does not cover EU fishing opportunities decided by the IATTC. Under Article 43(3) of the Treaty on the Functioning of the European Union (TFEU), it is the Council’s prerogative to adopt measures on fixing prices, levies, aid and quantitative limitations and on the fixing and allocation of fishing opportunities.
• Consistency with other Union policies
Not applicable.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The proposal is based on Article 43(2) TFEU, as it sets out provisions necessary for the pursuit of the objectives of the common fisheries policy objectives.
• Subsidiarity (for non-exclusive competence)
The proposal falls under the exclusive competence of the Union (Article 3(1)(d) TFEU). The subsidiarity principle, therefore, does not apply.
• Proportionality
The proposal will ensure that Union law is in line with its international obligations adopted by the IATTC and that the Union complies with the decisions taken by the RFMOs to which the Union is a Contracting Party. The proposal transposes the obligations without exceeding what is necessary to achieve the objective pursued.
• Choice of the instrument
The instrument chosen is a Regulation of the European Parliament and of the Council.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
• Stakeholder consultations
The purpose of this proposal is to transpose and implement the existing IATTC measures which are binding upon the Contracting Parties. Member States as well as industry and civil society from across the EU were consulted both during the run-up to the IATTC meetings at which these Resolutions were adopted and throughout negotiations held at the IATTC’s annual meeting. Consequently, it was not considered necessary to hold a stakeholder consultation on this regulation.
• Collection and use of expertise
Not applicable.
• Impact assessment
Not relevant. This is an implementation of a recommendation directly applicable to Member States.
• Regulatory fitness and simplification
This proposal is not linked to REFIT.
• Fundamental rights
This proposal has no consequences for the protection of citizens’ fundamental rights.
4. BUDGETARY IMPLICATIONS
There are no budgetary implications.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Not applicable.
• Explanatory documents (for directives)
Not applicable.
• Detailed explanation of the specific provisions of the proposal
Chapter I contains general provisions on the proposal’s subject matter, scope and objective. It also sets out definitions. This Regulation is applicable to EU vessels fishing in the area covered by the IATTC Convention.
Chapter II deals with conservation and management measures, including provisions relevant to purse-seine vessels fishing for tropical tuna, prohibition of fishing on data buoys, provisions concerning fishing in the vicinity of FADs, their deployment, design and set of rules for transhipment in port.
Chapter III sets out measures designed to protect certain marine species present in the area covered by the IATTC Convention, such as oceanic white-tip, silky, and hammerhead sharks and mobulid rays. These measures include data provision and release duties, as well as measures related to the protection of sea turtles and seabirds.
Chapter IV contains provisions on the IATTC observer scheme, including rules on what is covered by the observer programme and observers’ reporting duties and obligations.
Chapter V sets vessel requirements, including those related to the IATTC Regional Vessel Register, to reporting duties and to the protocol for the sealing of wells.
Chapter VI contains information on reporting duties related to the data statistical programme, and requirements for the bigeye tuna document programme.
Chapter VII contains final provisions, including on the confidentiality of electronic reports and messages and the procedure for tabling amendments, delegated powers and amendments to existing EU legislation.