Considerations on COM(2021)424 - Conservation and management measures for the Conservation of the Southern Bluefin Tuna

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dossier COM(2021)424 - Conservation and management measures for the Conservation of the Southern Bluefin Tuna.
document COM(2021)424 EN
date March 15, 2023
 
(1) The objective of the Common Fisheries Policy (‘CFP’), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council 8 , is to ensure that the exploitation of living aquatic resources contributes to long-term environmental, economic and social sustainability.

(2) The European Union has, by means of Council Decision 98/392/EC 9 , approved the United Nations Convention of 10 December 1982 on the Law of the Sea. By means of Council Decision 98/441/EC, the Union has approved the Agreement for the Implementation of that Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 10 , which contain principles and rules with regard to the conservation and management of the living resources of the sea. In the framework of its wider international obligations, the Union participates in efforts made in international waters to conserve fish stocks.

(3) The Convention for the Conservation of Southern Bluefin Tuna (‘the Convention’), which established the Commission for the Conservation of Southern Bluefin Tuna (‘CCSBT’) does not provide for the accession of regional economic integration organisations, such as the Union. To promote cooperation in the conservation and management of Southern bluefin tuna (’SBF’), the CCSBT has created the Extended Commission for the Conservation of Southern Bluefin Tuna (‘Extended Commission’), in which the Union can participate as a member. Decisions adopted by the Extended Commission become decisions of the CCSBT at the end of the session of the meeting to which they were reported, unless the CCSBT decides to the contrary. members of the Extended Commission have the same obligations as members of the CCSBT, including compliance with the decisions of the CCSBT and the provision of financial contributions to the CCSBT.

(4) Pursuant to Council Decision (EU) 2015/2437 11 , the Union is a member of the Extended Commission.

(5) The CCSBT adopts annual conservation and management measures by way of resolutions that are binding on members of the Extended Commission, including on the Union.

(6) Unlike in other Regional Fisheries Management Organisations (‘RFMOs’) in which the Union participates, the Union has no fishing vessels that target Southern bluefin tuna and it has reported only accidental by-catch of this species in the past and none since 2012. Nevertheless, it is still appropriate for the Union to comply with the relevant conservation and management measures adopted by the CCSBT related to the activities and characteristics of the Union fleet and in relation to the trade of Southern bluefin tuna.

(7) The area of distribution of Southern bluefin tuna overlaps with the Convention areas of the Indian Ocean Tuna Commission, the Western and Central Pacific Tuna Commission and the International Commission for the Conservation of Atlantic Tunas, where the Union long-line fleet that targets tropical tunas and tuna-like species has reported limited amounts of by-catch of Southern bluefin tuna in the past.

(8) This Regulation implements the relevant resolutions of the CCSBT adopted until 2020, except for measures which already form part of Union law. This Regulation covers only the CCSBT provisions applicable to the Union, notably taking into consideration the specificity of the Union fleet (no targeted fishery, exclusively accidental by-catch in the past and none since 2012, no transhipments or landing) and the trade of Southern bluefin tuna. In practice, most obligations will be only triggered if the Union fleet accidentaly 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.

(9) To ensure compliance with the CFP, Union legislation has been adopted to establish a system of control, inspection and enforcement, which includes the fight against illegal, unreported and unregulated (IUU) fishing. In particular, Council Regulation (EC) No 1224/2009 12 establishes a Union system for control, inspection and enforcement with a global and integrated approach so as to ensure compliance with all the rules of the CFP. Commission Implementing Regulation (EU) No 404/2011 13 lays down detailed rules for the implementation of Council Regulation (EC) No 1224/2009. Council Regulation (EC) No 1005/2008 14 establishes a Community system to prevent, deter and eliminate IUU fishing. Those regulations already include provisions covering a number of the measures laid down in CCSBT resolutions. It is therefore not necessary to include those provisions in this Regulation.

(10) In accordance with Article 29(2) of Regulation (EU) No 1380/2013, the positions of the Union in RFMOs are to be based on the best available scientific advice so as to ensure that fishery resources are managed in accordance with the objectives of the CFP, in particular with the objective of progressively restoring and maintaining populations of fish stocks above biomass levels capable of producing maximum sustainable yield (‘MSY’), and with the objective of providing conditions for economically viable and competitive fishing capture and processing industry and land-based fishing related activity.

(11) In order to swiftly incorporate future CCSBT measures into Union law, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the information provided for in the CCSBT Record of Vessels, and time limits or periods related to reporting for catch tagging forms, retention of CDS documents, transmission of transhipment notifications and declarations, transmission of information to the CCSBT Compliance Committee concerning the IUU vessel list and investigation reports, transmission of information concerning point of contact for port inspections, and transmission of notification of delays in the submission of port inspection reports, transmission of by-catch report, and deadlines for the submission of annual reports.

(12) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council 15 and delivered an opinion on … .

(13) It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 16 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.