Annexes to COM(2008)512 - Approval of amendments to the Convention on future multilateral co-operation in the North-East Atlantic Fisheries allowing for the establishment of a dispute settlement procedures, the extension of the scope of the Convention and a review of the objectives of the Convention - Main contents

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dossier	COM(2008)512 - Approval of amendments to the Convention on future multilateral co-operation in the North-East Atlantic Fisheries allowing ...
document	COM(2008)512
date	March 5, 2009

ANNEX

The Convention on future multilateral cooperation in the North-East Atlantic Fisheries is hereby amended as follows:

In the preamble, a new second paragraph shall be inserted as follows:

‘RECOGNISING the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982; the Agreement for 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, 1995; the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, 1993 and taking into account the Code of Conduct for Responsible Fisheries adopted by the 28th Session of the Conference of the Food and Agriculture Organisation of the United Nations in October 1995,’

In the preamble the third paragraph shall be replaced by the following:

‘DESIRING to promote the long-term conservation and optimum utilisation of the fishery resources of the North-East Atlantic area, and in doing so to safeguard the marine ecosystems in which the resources occur, and accordingly to encourage international cooperation and consultation with respect to these resources,’;

Article 1 shall be replaced by the following:

‘Article 1

For the purpose of this Convention the following definitions apply:

“The Convention Area” means the areas

(a)

within those parts of the Atlantic and Arctic Oceans and their dependent seas which lie north of 36° north latitude and between 42° west longitude and 51° east longitude, but excluding:

—	the Baltic Sea and the Belts lying to the south and east of lines drawn from Hasenore Head to Gniben Point, from Korshage to Spodsbierg and from Gilbierg Head to the Kullen, and,

—	the Mediterranean Sea and its dependent seas as far as the point of intersection of the parallel of 36° latitude and the meridian of 5°36′ west longitude,

(b)	within that part of the Atlantic Ocean north of 59° north latitude and between 44° west longitude and 42° west longitude;

“Fishery resources” means resources of fish, molluscs, crustaceans and including sedentary species, excluding, in so far as they are dealt with by other international agreements, highly migratory species listed in Annex I of the United Nations Convention on the Law of the Sea of 10 December 1982, and anadromous stocks;

3.	“Living marine resources” means all living components of marine ecosystems;

4.	“Marine biological diversity” means the variability among marine living organisms and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems.’

4.	Article 2 shall be replaced by the following: ‘Article 2 The objective of this Convention is to ensure the long-term conservation and optimum utilisation of the fishery resources in the Convention Area, providing sustainable economic, environmental and social benefits.’

Article 4 shall be replaced by the following:

‘Article 4

1. The Commission shall perform its functions in order to fulfil the objectives set out in Article 2.

2. When making recommendations in accordance with Article 5 or 6 of this Convention the Commission shall in particular:

(a)	ensure that such recommendations are based on the best scientific evidence available;

(b)	apply the precautionary approach;

(c)	take due account of the impact of fisheries on other species and marine ecosystems, and in doing so adopt, where necessary, conservation and management measures that address the need to minimise harmful impacts on living marine resources and marine ecosystems; and

(d)	take due account of the need to conserve marine biological diversity.

3. The Commission shall provide a forum for consultation and exchange of information on the state of the fishery resources in the Convention Area and on the management policies, including examination of the overall effects of such policies on the fishery resources and, as appropriate, other living marine resources and marine ecosystems.’

6.	In Articles 5, 6, 8, 9, 12, 13, 15, 18 and 20 the words ‘fisheries jurisdiction’ shall be replaced by the following: ‘jurisdiction’.

7.	The following Article shall be inserted: ‘Article 18 bis The Commission shall make recommendations establishing procedures for the settlement of disputes arising under this Convention.’.