Annexes to COM(2023)425 - EU position in the annual Conference of the Parties to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea

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dossier COM(2023)425 - EU position in the annual Conference of the Parties to the Convention on the Conservation and Management of Pollock ...
document COM(2023)425 EN
date December 11, 2023
ANNEXES

to the

proposal for a Council Decision

on the position to be taken on behalf of the European Union in the annual Conference of the Parties to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea and repealing Decision (EU) 2019/866


ANNEX I

The position to be taken on the Union’s behalf in the in the annual Conference of the Parties to the Bering Sea Convention

1.PRINCIPLES 

In the framework of the Bering Sea Convention, the Union shall:

(a)ensure that measures adopted within the annual Conference of the Parties of Bering Sea Convention are consistent with international law, and in particular with the provisions of the 1982 UN Convention on the Law of the Sea, the 1995 UN Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the 1993 Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas, and the 2009 Food and Agriculture Organization Port State Measures Agreement;

(b)promote the objectives of the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) and at the 15th Conference of the Parties to the Convention on Biological Diversity (COP 15), in particular as regards stepping up the protection of marine biodiversity and the protection of 30 % of the world’s ocean through marine protected areas;

(c)contribute to the implementation of European Green Deal, including the Biodiversity and Climate Adaptation Strategies, notably concerning the protection of nature, and Farm to Fork strategies, and a stronger Europe in the world;

(d)pursue the objectives of the Plastics Strategy and the Zero pollution Action plan, notably the reduction of plastics and marine pollution;

(e)act in accordance with the objectives and principles pursued by the Union within the common fisheries policy, notably through the precautionary approach and the aims related to the maximum sustainable yield as laid down in Article 2(2) of Regulation (EU) No 1380/2013, to promote the implementation of an ecosystem-based approach to fisheries management, to avoid and reduce, as far as possible, unwanted catches, and gradually eliminate discards, and to minimise the impact of fishing activities on marine ecosystems and their habitats, as well as, through the promotion of economically viable and competitive Union fisheries, to provide a fair standard of living for those who depend on fishing activities and taking account of the interests of consumers;

(f)be in line with the Council Conclusions of 19 March 2012 on the Commission Communication on the external dimension of the common fisheries policy 1 ;

(g)be in line with the objectives of the Joint Communication on the EU’s International Ocean Governance agenda 2 regarding marine biodiversity conservation, as well as the Council conclusions on that Joint Communication; 3  

(h)work towards an appropriate involvement of stakeholders in the preparation phase for Bering Sea Convention measures and ensure that measures adopted within the Bering Sea Convention are in accordance with the objectives of the Bering Sea Convention;

(i)promote positions consistent with the best practices of regional fisheries management organisations (RFMOs);

(j)seek consistency and synergy with the policy that the Union is pursuing as part of its bilateral fisheries relations with third countries, and ensure coherence with its other policies notably in the field of external relations, environment, trade, development, research and innovation;

(k)aim to create a level playing field for the Union fleet within the Bering Sea Convention Area based on the same principles and standards as those applicable under Union law, and to promote the uniform implementation of those principles and standards;

(l)promote coordination between the Bering Sea Convention, existing RFMOs and regional sea conventions (RSCs) and cooperation with global organisations, as applicable, within their mandates, where appropriate;

(m)promote cooperation mechanisms amongst non-tuna RFMOs similar to the so-called Kobe process for tuna RFMOs.

2.ORIENTATIONS

The Union shall, where appropriate, endeavour to support the adoption of the following actions by the annual Conference of the Parties:

(a)conservation and management measures for fisheries resources in the Bering Sea Convention area based on the best scientific advice available, including Allowable Harvest Level (AHL) and individual national quotas or effort regulation for living marine biological resources regulated by the annual Conference of the Parties, including changing Annex to the Bering Sea Convention, which would achieve the maximum sustainable yield exploitation rate on a progressive, incremental basis. Where necessary, those conservation and management measures shall include specific measures for stocks, which suffer from overfishing to keep the fishing effort in line with available fishing opportunities;

(b)measures to promote the conservation and full restoration of biodiversity, the sustainability of the stocks, and the integration of climate change considerations in the decision-making process;

(c)measures to promote data collection, scientific research and science-based management decisions, the strengthening of its compliance committee, a culture of compliance and periodical independent performance reviews;

(d)measures to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing activities in the Bering Sea Convention area, including IUU vessel listing and cross-listing with other RFMOs, and measures to promote the traceability of fish and fishery products based on the Voluntary Guidelines for Catch Documentation Schemes;

(e)monitoring, control and surveillance measures in the Bering Sea Convention area in order to ensure efficiency of control and compliance with measures adopted within the Bering Sea Convention including the strengthening of control on transhipment operations based on the FAO Voluntary Guidelines for Transshipment;

(f)measures to minimise the negative impact of fishing activities on marine biodiversity and marine ecosystems and their habitats, including protective measures for vulnerable marine ecosystems in the Bering Sea Convention area in line with the Bering Sea Convention and the FAO International Guidelines for the Management of Deep-sea Fisheries in the High Seas, measures to avoid and reduce as far as possible unwanted catches, including in particular vulnerable marine species, and to gradually eliminate discards;

(g)measures to reduce marine pollution and prevent the discharge of plastics at sea and reduce the impact on marine biodiversity and ecosystems of plastics present at sea, including measures to reduce the impact of Abandoned, Lost or Otherwise Discarded Fishing Gear (ALDFG) in the ocean and to facilitate the identification and recovery of such gear based on the FAO Voluntary Guidelines on the Marking of Fishing Gear;

(h)measures aimed at the prohibition of fisheries conducted solely for the purpose of harvesting shark fins and requiring that all sharks are landed with each fin naturally attached;

(i)recommendations, where appropriate and to the extent permitted under the relevant constituent documents, encouraging the implementation of the Work in Fishing Convention of the International Labour Organisation (ILO);

(j)common approaches with other RFMOs, where appropriate, in particular those involved in fisheries management in the same region;

(k)developing approaches related to tackling impacts of non-fishing activities on the marine biological resources in the Bering Sea Convention area;

(l)additional technical measures based on advice from the subsidiary bodies and working groups of annual Conference of the Parties of the Bering Sea Convention.

ANNEX II

Year to year specification of the Union’s position to be taken

at the annual Conference of the Parties


Before each meeting of the annual Conference of the Parties, when that body is called upon to adopt decisions having legal effects on the Union, the necessary steps shall be taken so that the position to be expressed on the Union's behalf takes account of the latest scientific and other relevant information transmitted to the Commission, in accordance with the principles and orientations set out in Annex I.

To this effect, and based on that information, the Commission shall transmit to the Council, or to its preparatory bodies, in sufficient time before each meeting of the annual Conference of the Parties, a written document setting out the particulars of the proposed specification of the Union’s position for discussion and endorsement of the details of the position to be expressed on the Union's behalf.

If in the course of a meeting of the annual Conference of the Parties it is impossible to reach an agreement, including on the spot, in order for the Union’s position to take account of new elements, the matter shall be referred to the Council or its preparatory bodies.

(1) 7087/12 REV 1 ADD 1 COR 1.
(2) JOIN/2022/28 final of 24.06.2022.
(3) 15973/22 of 13.12.2022.
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