Explanatory Memorandum to COM(2020)670 - Catch documentation programme for bluefin tuna (Thunnus thynnus) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2020)670 - Catch documentation programme for bluefin tuna (Thunnus thynnus). |
|---|---|
| source | COM(2020)670  |
| date | 27-10-2020 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The objective of the Common Fisheries Policy, as set out in Regulation (EU) No 1380/2013 of 11 December 2013 is to ensure an exploitation of living biological resources that is sustainable economically, environmentally and socially.
By Council Decision 98/392/EC of 23 March 1998, the Union approved the United Nations Convention on the Law of the Sea, which includes principles and rules on the conservation and management of marine living biological resources. As part of its wider international obligations, the Union participates in efforts to conserve fish stocks in international waters.
Pursuant to Council Decision 86/238/EEC of 9 June 1986, the Union has been a Contracting Party to the International Convention for the Conservation of Atlantic Tunas (‘the Convention’) since 14 November 1997.
This Convention provides a framework for regional cooperation on the conservation and management of tunas and tuna-like species in the Atlantic Ocean and the adjoining seas through the setting up of an International Commission for the Conservation of Atlantic Tunas (the ‘ICCAT’).
The ICCAT has the authority to adopt decisions (Recommendations) on the conservation and management of the fisheries under its purview, which are binding for the Contracting Parties. Those Recommendations are essentially addressed to the Contracting Parties to the ICCAT Convention but also contain obligations for operators (e.g. vessel masters). ICCAT Recommendations enter into force 6 months following their adoption and, with respect to the Union, must be implemented in Union law as soon as possible.
This proposal establishes Union Bluefin tuna Catch Documentation Programme in order to implement conservation and management measures adopted by the International Commission for the Conservation of Atlantic Tunas relating to a Bluefin Tuna Catch Documentation Scheme and the mandatory use of the electronic Bluefin tuna catch document system with a view to identifying the origin of all bluefin tuna.
• Consistency with existing policy provisions in the policy area
The bluefin tuna catch documentation programme has been regulated through:
–the catch documentation programme for bluefin tuna in Regulation (EU) 640/2010;
• Consistency with other Union policies
The plan is consistent with other Union policies.
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.
• 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, with regard to the application of the eBCD, and in particular all the rules and obligations of the eBCD system approved by the ICCAT is in line with the Union’s international obligations and that the Union complies with the decisions taken under the ICCAT Convention to which the Union is a Contracting Party. This will be done 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
Not relevant.
• Stakeholder consultations
The purpose of this proposal is to transpose and implement existing ICCAT measures, which are binding upon the contracting parties. National experts and industry representatives from the EU countries were consulted both during the run-up to the ICCAT meetings at which these eBCD rules were adopted and throughout negotiations at the ICCAT Annual Meeting. Consequently, it was not considered necessary to hold a stakeholder consultation on this particular regulation.
• Collection and use of expertise
This is a transposition of a recommendation adopted by one Regional Fisheries Management Organisation (ICCAT).
• Impact assessment
Not relevant. This is a transposition of a recommendation directly applicable to Member States and operators.
• Regulatory fitness and simplification
This proposal is not linked to REFIT.
• Fundamental rights
This proposal has no consequences on the protection of the fundamental rights of the citizens.
4. BUDGETARY IMPLICATIONS
This proposal does not have 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
(a)Bluefin tuna catch document and re-export certificate
The proposal establishes general provisions on the use of bluefin catch and re-export certificates and sets rules for the recording and validation of catch and subsequent trade events of bluefin tuna. Particular rules are set for tagged fish.
Recording and validation of catch and trade is performed through the electronic Bluefin tuna catch document system already used by Member States and operators. This electronic system is operated by ICCAT in its official languages (i.e. English, French and Spanish). Exceptionally, the electronic system can be replaced by paper documents (the BCD, Bluefin Tuna Catch Document), equivalent to the electronic system requirements. For that reason, the proposal contains references to ICCAT documents such as BCD definition and its content information, validation documents, and reporting documents.
(b)Verification, transmission of data and reporting
Additional provisions are established for verification before validation, transmission of data of eBCD users, use of paper eBCD in exceptional cases and annual reporting to ICCAT.
(c)Delegated powers
ICCAT rules governing the fishery of live bluefin tuna (operations related to catching, transfer, transport, caging, farming, harvesting and carrying-over) are highly dynamic, and the eBCD system needs to be adapted to follow any change in those rules. Due to the complexity of the eBCD system, outstanding technical issues need to be resolved on an ongoing basis and the solutions need to be uniformly applied by Member States.
Article 14 of this Regulation sets out a detailed list of cases where delegated powers are requested to address frequent changes to the recommendations adopted by ICCAT.