Considerations on COM(2021)352 - EU position in the Convention for the Protection of the Marine Environment of the North-East Atlantic on a Decision on delineation and a Recommendation on the management of the North Atlantic Current and Evlanov Seamount Marine Protected Area (NACES MPA)

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table>(1)The Convention for the Protection of the Marine Environment of the North-East Atlantic (1) (‘the Convention’), to which the Union is a Contracting Party, entered into force on 25 March 1998.
(2)Pursuant to Article 10(3) of the Convention, the Commission established by Article 10(1) of the Convention (‘the OSPAR Commission’) is able to adopt decisions and recommendations in accordance with Article 13 of the Convention.

(3)During its 24th meeting on 1 October 2021, the OSPAR Commission is to adopt a decision on the establishment of the North Atlantic Current and Evlanov Seamount Marine Protected Area (‘NACES MPA’) and a recommendation on the management of the NACES MPA.

(4)The envisaged decision of the OSPAR Commission establishes the NACES MPA and indicates its boundaries.

(5)The envisaged recommendation of the OSPAR Commission aims to guide Contracting Parties in their actions and in the adoption of measures to achieve the conservation objectives set out in the annex to that recommendation.

(6)There is a close link between the two envisaged OSPAR Commission acts and, therefore, it is appropriate for both of them to be covered by the same position of the Union.

(7)The envisaged acts relate to the protection of the environment, which is a shared competence between the Union and its Member States under Article 4(2), point (e), TFEU. The envisaged acts do not fall within an area which is largely covered by Union rules concerning such protection. The Union does not intend to make use of the possibility to exercise its external competence with regard to areas covered by these acts, in relation to which its competence has not yet been exercised internally.

(8)It is appropriate to establish the position to be taken on the Union’s behalf within the OSPAR Commission, as the decision to be taken by the latter will be binding on the Union,