Explanatory Memorandum to COM(2023)423 - EU position in the Commission for the Conservation of Antarctic Marine Living Resources - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2023)423 - EU position in the Commission for the Conservation of Antarctic Marine Living Resources. |
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source | COM(2023)423 ![]() |
date | 11-07-2023 |
1. Subject matter of the proposal
This proposal concerns a Decision establishing the position to be taken on the behalf of the European Union at the annual meetings of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) for the period 2024-2028 in connection with the envisaged adoption of conservation and management measures.
2. Context of the proposal
2.1.Convention for the Conservation of Antarctic Marine Living Resources
The objective of the Convention for the Conservation of Antarctic Marine Living Resources (CAMLR Convention) is the conservation and rational use of Antarctic marine living resources, which form part of the Antarctic ecosystem. The Convention entered into force on 7 April 1982.
The EU 1 and a number of its Member States 2 are contracting parties to the CAMLR Convention.
2.2.Commission for the Conservation of Antarctic Marine Living Resources
The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) is the body established by the CAMLR Convention to adopt measures to ensure the conservation of Antarctic marine living resources, including their rational use. To this end, it formulates, adopts and revises conservation measures based on the best scientific evidence available. Such measures may become binding upon the EU.
As a member of the CCAMLR, the EU is entitled to participate in, and vote on, its decisions. The CCAMLR takes its decisions by consensus.
2.3.CCAMLR decisions
The CCAMLR meets at least once a year. It adopts conservation measures, based on the best available scientific information, that govern the use of marine living resources in the Antarctic.
In accordance with Article IX.6 of the CAMLR Convention, members are notified of the measures immediately after the annual meetings and the measures become binding 180 days later. Members that object to such a measure within 90 days of being notified are not bound by that measure.
3. Position to be taken on the EU’s behalf
The position to be adopted on behalf of the EU at the annual meetings of regional fisheries management organisations (RFMOs) is currently established according to a two‑tier approach. A Council Decision sets out the guiding principles of the EU’s position on a multiannual basis and it is subsequently adjusted for each annual meeting by Commission services non-papers to be endorsed by the Council.
For the CCAMLR, this approach is implemented by Council Decision (EU) 2019/867 of 14 May 2019 setting out the EU’s position in the CCAMLR for the period 2019-2023. The Decision contains general principles but also takes into account, as far as possible, the specific features of the CCAMLR. In addition, it sets out the standard process for establishing the EU’s position year by year, as requested by Member States.
Council Decision (EU) 2019/867 incorporated the principles of the new common fisheries policy, as laid down in Regulation (EU) No 1380/2013 of the European Parliament and of the Council 3 , also taking into account the objectives set out in the Commission’s Communication on the external dimension of the common fisheries policy 4 . Moreover, it adjusted the EU’s position to the Treaty of Lisbon.
Council Decision (EU) 2019/867 provides for an assessment and where appropriate a revision of the EU’s position before the 2024 annual meeting. Therefore, this proposal sets out the EU’s position in the CCAMLR for the period 2024-2028, thereby replacing Council Decision (EU) 2019/867.
The current revision takes into consideration, in relation to fishing, the European Green Deal, notably Biodiversity 5 , Climate Adaptation 6 and Farm to Fork Strategies 7 . It also takes into account the Plastics Strategy 8 and the Zero pollution Action Plan 9 . Furthermore, it also takes into consideration, the International Ocean Governance Joint Communication 10 .
4. Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the EU’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement’.
‘Acts having legal effects’ include acts that have legal effects by virtue of the rules of international law governing the body in question, and instruments that do not have a binding effect under international law, but are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 11 .
4.1.2.Application to the present case
The CCAMLR is a body set up by an agreement, namely the CAMLR Convention.
The acts that the CCAMLR is called on to adopt constitute acts having legal effects. They are to be binding under international law in accordance with Article X.6 of the CAMLR Convention and because CCAMLR decisions may supplement, amend or replace obligations laid down in existing EU legislation – are capable of decisively influencing the content of that legislation, including:
·Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing 12 ;
·Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy 13 ;
·Regulation (EU) 2017/2403 of the European Parliament and of the Council on the sustainable management of external fishing fleets 14 ;
·Council Regulation (EC) No 600/2004 laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources 15 ;
·Council Regulation (EC) No 601/2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources 16 ; and
·Council Regulation (EC) No 1035/2001 establishing a catch documentation scheme for Dissostichus spp 17 .
The envisaged acts do not supplement or amend the institutional framework of the CAMLR Convention.
Therefore, the procedural legal basis for the proposed Decision is Article 218(9) TFEU.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a Decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the EU’s behalf. If that act pursues two aims or has two components, and if one of those aims or components is identifiable as the main one (whereas the other is merely incidental), the Decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
4.2.2.Application to the present case
The main objective and content of the envisaged act relate to fisheries. The legal basis setting out the principles to be reflected in this position is Regulation (EU) No 1380/2013.
Therefore, the substantive legal basis of the proposed Decision is Article 43(2) TFEU. The Decision will replace Council Decision (EU) 2019/867, which covers the period 2019-2023.
4.3.Conclusion
The legal basis of the proposed Decision should be Article 43(2) TFEU, in conjunction with Article 218(9) TFEU.