Explanatory Memorandum to COM(2021)424 - Conservation and management measures for the Conservation of the Southern Bluefin Tuna - Main contents

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dossier	COM(2021)424 - Conservation and management measures for the Conservation of the Southern Bluefin Tuna.
source	COM(2021)424
date	28-07-2021

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

The purpose of this proposal is to implement into EU law the relevant control, conservation and management measures adopted by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT). The CCSBT is the regional fisheries management organisation (RFMO) responsible for managing Southern bluefin tuna (Thunnus maccoyii – SBF) through its area of distribution. The CCSBT has a mandate to adopt conservation and enforcement measures for the fisheries under its purview, and these are binding on its contracting parties.

The Convention for the Conservation of Southern Bluefin Tuna (the Convention) does not provide for the accession of regional economic integration organisations, such as the EU. To promote cooperation in the conservation and management of Southern bluefin tuna, the CCSBT has created the Extended Commission for the Conservation of Southern Bluefin Tuna (Extended Commission), in which the EU can participate as a member. Decisions adopted by the Extended Commission become decisions of the CCSBT at the end of the annual meeting session to which they were reported, unless the CCSBT decides to the contrary, which to date has never occurred.

Under Article 5(1) and Article 8(7) of the Convention, complemented by paragraph 6 of the CCSBT Resolution to Establish an Extended Commission and an Extended Scientific Committee, members of the Extended Commission have the same obligations as members of the CCSBT; they must therefore comply with the decisions of the CCSBT and contribute to it financially. The EU has been a member of the Extended Commission since 2015.

Unlike other RFMOs in which the EU participates, the EU has no fishing vessels that target Southern bluefin tuna and it has reported only accidental by-catches of this species in the past and none since 2012. Nevertheless, it is still appropriate to comply with CCSBT measures that relate to the activities and characteristics of the EU fleet and to the trade in Southern bluefin tuna.

The area of distribution of Southern bluefin tuna, where this species is known to occur, overlaps with the areas of the Indian Ocean Tuna Commission ¹ , the Western and Central Pacific Tuna Commission ² and the International Commission for the Conservation of Atlantic Tunas ³ . The EU long-line fleet that targets tropical tunas and tuna-like species has reported limited by-catches of Southern bluefin tuna in these areas.

The Commission, on behalf of the Union, draws up negotiating guidelines based on scientific advice and a 5-year mandate established by Council Decision. In line with the mandate, these guidelines are presented, discussed and endorsed at the Council working party; they are further adjusted, to take account of real-time developments, at coordination meetings with Member States in the margins of the CCSBT annual meetings. Annual meetings of the Union Delegation to the CCSBT bring together the Commission, the Council and stakeholder’ representatives.

All CCSBT measures are adopted by consensus. The CCSBT does not have an objection procedure in place.

Though aimed mainly at the contracting parties, CCSBT measures also impose obligations on operators (e.g. vessel masters).

This proposal is limited to CCSBT measures that apply to the Union, taking account of the specificity and activities of its fleet (no targeted fishery, exclusively accidental by-catches in the past but none reported recently, no transhipments or landings) and of the trade in Southern bluefin tuna, as amended at the CCSBT’s annual meetings. The Union must ensure compliance with these measures, which are international obligations, as soon as they enter into force. This proposal is therefore designed to implement the most recent version of the CCSBT measures and establish a mechanism for implementing them in the future. In practice, most obligations will be only triggered if the Union fleet accidentally by-catches Southern bluefin tuna, which has not occurred since 2012, and retains those fish on-board, something that has not been reported to date.

The process of implementing measures adopted by RFMOs into EU law, from the first draft Commission proposal to the adoption of a final act by the Council and the European Parliament, takes an average of 18 months. Delegated powers ensure that the Union is able quickly to implement measures that will benefit the EU fleet, improve the level playing‑field and further support the long-term sustainable management of stocks.

This proposal provides for delegated powers to be granted to the Commission under Article 290 TFEU, to cater for amendments to CCSBT measures and ensure that EU fishing vessels are on an equal footing with those of other contracting parties. Examples of such measures are: the CCSBT Record of Vessels Authorised to Fish for Southern Bluefin Tuna; aligning the CCSBT’s Ecologically Related Species measures with those of other tuna RFMOs; and reporting deadlines.

The reporting deadlines set out in this proposal are based on deadlines in the CCSBT measures, so that the EU can make timely submissions of reports to the CCSBT Secretariat.

• Consistency with existing policy provisions in the policy area

This proposal complements, and is consistent with, other provisions of Union law in this area. Derogations from existing acts are, however, established in certain instances due to the nature of the more specific measures proposed.

This proposal is in line with Part VI (External Policy) of Regulation (EU) No 1380/2013 on the common fisheries policy (CFP) ⁴ . This provides for the Union to conduct its external fisheries in accordance with its international obligations, base its fishing activities on regional fisheries cooperation and charge the European Fisheries Control Agency with ensuring compliance.

The proposal complements Regulation (EU) 2017/2403 ⁵ on external fleet management, which provides that EU fishing vessels are subject to the list of fishing authorisations under the conditions and rules of the RFMO in question, and Council Regulation (EC) No 1005/2008 ⁶ on illegal, unreported and unregulated (IUU) fishing.

This proposal does not cover fishing opportunities for the EU, as decided by the CCSBT. Under Article 43(3) TFEU, it is the Council’s prerogative to adopt measures on 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 to pursue the objectives of the CFP.

• Subsidiarity (for non-exclusive competence)

As the proposal falls under the exclusive competence of the Union (Article 3(1)(d) TFEU), the subsidiarity principle does not apply.

• Proportionality

The proposal will ensure that EU law is in line with international obligations adopted by the CCSBT and that the EU complies with decisions taken by an RFMO to which it is a contracting party. The proposal does not exceed what is necessary to achieve these objectives.

• 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 implement into Union law CCSBT measures that are binding on members of the Extended Commission. National experts and industry representatives are consulted both during the run-up to the CCSBT annual meetings at which the measures are adopted and throughout negotiations at the meetings. Consequently, it was not considered necessary to hold a stakeholder consultation on this proposal.

• Collection and use of expertise

Not applicable.

• Impact assessment

Not relevant. This concerns the implementation of measures directly applicable in the Member States.

• Regulatory fitness and simplification

This proposal is not linked to REFIT.

• Fundamental rights

This proposal has no consequences for the protection of 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

The proposal covers the CCSBT provisions applicable to the EU, taking into account the specificity of the EU fleet (no targeted fishery, exclusively accidental by-catches and none recently reported, no transhipments or landings) and the trade in Southern bluefin tuna. In practice, most obligations will be only triggered if the EU fleet accidentally by-catches Southern bluefin tuna, which has not occurred since 2012, and retains those fish on-board, something that has not been reported to date. The provisions lay down the proposal’s subject, scope and definitions.

The targeting of the Southern bluefin tuna is prohibited, with only by-catches being allowed. Union fishing vessels that could by-catch the species shall be registered in the CCSBT record of vessels.

The proposal implements the CCSBT catch documentation scheme (CDS). By-catches of Southern bluefin tuna shall be tagged with catch tagging forms, while import, export and re-export documents are mandatory for the trading of Southern bluefin tuna.

Catch monitoring documents and tagging forms shall be validated and verified by flag Member States. The proposal also implements CCSBT provisions concerning reviews and investigations related to the CDS and the maintenance of CDS records.

All transhipments of Southern bluefin tuna shall take place in ports. There is an obligation to notify transhipments and use transhipment declarations.

The proposal implements the duty to cooperate in providing fishing vessels’ data for: the investigation of incidents; cooperation related to the inclusion of a Union fishing vessel on the CCSBT Illegal Unreported and Unregulated (IUU) vessels list; reported cases of non-compliance; port inspection infringements.

The proposal also implements duties relating to monthly catch reports, and to annual and compliance reporting.

1. The delegated powers listed in the proposal include changes to the information provided for the CCSBT record of fishing vessels, time limits and periods related to:

·reporting for catch tagging forms;

·retention of CDS documents, and notification of transhipments;

·transhipment declarations;

·sending information concerning the IUU vessels list and investigation reports to the CCSBT Compliance Committee;

·information concerning the contact point for port inspections, and notification of inspection report delays;

·reporting of periods of by-catches; and

·deadlines for submission of annual reports.