Council of the European Union Brussels, 10 May 2017 (OR. en) Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union

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1 Council of the European Union Brussels, 10 May 2017 (OR. en) Interinstitutional File: 2017/0091 (NLE) 8974/17 PECHE 193 PROPOSAL From: date of receipt: 8 May 2017 To: No. Cion doc.: Subject: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARU, Director Mr Jeppe TRANHOLM-MIKKELS, Secretary-General of the Council of the European Union COM(2017) 214 final Proposal for a COUNCIL DECISION establishing the position to be adopted, on behalf of the European Union, in the Meeting of the parties to the Southern Indian Ocean Fisheries Agreement (SIOFA) and repealing Decision 14404/12 Delegations will find attached document COM(2017) 214 final. Encl.: COM(2017) 214 final 8974/17 KSH/mc DG B 2A

2 EUROPEAN COMMISSION Brussels, COM(2017) 214 final 2017/0091 (NLE) Proposal for a COUNCIL DECISION establishing the position to be adopted, on behalf of the European Union, in the Meeting of the parties to the Southern Indian Ocean Fisheries Agreement (SIOFA) and repealing Decision 14404/12

3 1. CONTEXT OF THE PROPOSAL EXPLATORY MEMORANDUM Reasons for and objectives of the proposal By Council Decision 2008/780/EC 1, the Union approved the Southern Indian Ocean Fisheries Agreement (the Agreement), which established the Meeting of the Parties to the Southern Indian Ocean Fisheries Agreement (SIOFA). Within the SIOFA, the Meeting of the Parties is responsible for the adoption of measures designed to ensure the long-term conservation and sustainable use of the fishery resources in the SIOFA Area and to safeguard the marine ecosystems in which these resources occur. Such measures may become binding upon the Union. The position to be adopted on behalf of the Union in RFMOs is currently established according to a two tier approach. A Council Decision sets out the guiding principles and orientations of the Union's position on a multiannual basis, whereas it is thereafter adjusted for each annual Meeting of the Parties by Commission non-papers to be discussed in the Council Working Party. As regards the Meeting of the Parties to the SIOFA, Council Decision 14404/12 of 5 October 2012 provides for a review of the Union's position before the 2017 annual meeting. Therefore, this proposal aims at setting out the Union's position within SIOFA for the period and thereby replacing Council Decision 14404/12 of 5 October 2012, which is covering the period Consistency with existing policy provisions in the policy area This revision aims at incorporating the principles and orientations of the new Common Fisheries Policy (CFP) as laid down in Regulation (EU) No 1380/2013 of the European Parliament and of the Council 2, taking also into account the objectives of the Commission Communication on the external dimension of the CFP 3. Moreover, the Union's position has been adjusted to the Lisbon Treaty. As it is the case for the current one, the following position contains general principles and orientations and to the extent needed the specificities of the SIOFA. In addition, the standard process for the year to year specification of the Union position has been incorporated as requested by Member States. Consistency with other Union policies 2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIOLITY Legal basis The following Decision is based on the Treaty on the Functioning of the European Union, and in particular Article 43(2), in conjunction with Article 218(9) which provides that the Council, on a proposal from the Commission shall adopt a decision establishing the positions to be adopted on the Union's behalf in a body set up by an agreement, when that body is called OJ L 268 of , p. 27. Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council decision 2004/585/EC (OJ L 354 of , p.22). COM(2011) 424 of

4 upon to adopt acts having legal effects. This shall apply to the position to be adopted by the Commission, on behalf of the Union, in the Meeting of the Parties to the SIOFA. Regulation (EU) No 1380/2013 of the European Parliament and of the Council is the legal basis setting up the principles to be reflected in this position. The following Decision shall replace Council Decision 14404/12 which is covering the period , and shall cover the period Subsidiarity (for non-exclusive competence) Proportionality Choice of the instrument Pursuant to Article 218(9) of the Treaty on the Functioning of the European Union, the position to be adopted on behalf of the Union in Regional Fisheries Management Organisations (RFMOs) when they are called upon to adopt acts having legal effects, with the exception of acts supplementing or amending their institutional framework, must be adopted by Council Decision, on a proposal from the Commission. 3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMTS Ex-post evaluations/fitness checks of existing legislation Stakeholder consultations Collection and use of expertise Impact assessment Regulatory fitness and simplification Fundamental rights 4. BUDGETARY IMPLICATIONS 3

5 5. OTHER ELEMTS Implementation plans and monitoring, evaluation and reporting arrangements Explanatory documents (for directives) Detailed explanation of the specific provisions of the proposal 4

6 Proposal for a 2017/0091 (NLE) COUNCIL DECISION establishing the position to be adopted, on behalf of the European Union, in the Meeting of the parties to the Southern Indian Ocean Fisheries Agreement (SIOFA) and repealing Decision 14404/12 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), in conjunction with Article 218(9) thereof, Having regard to the proposal from the European Commission, Whereas: (1) Article 38 of the Treaty on the Functioning of the European Union, in conjunction with Article 39(1)(d) thereof, provides that one of the objectives of the Common Fisheries Policy is to assure the availability of supplies. (2) Article 2 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council 4 provides that the Common Fisheries Policy shall ensure that fishing and aquaculture activities are environmentally sustainable in the long-term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies. It also provides that the Common Fisheries Policy shall apply the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains population of harvested species above levels which can produce the maximum sustainable yield. It also provides that the Union shall aim to take management and conservation measures based on best available scientific advice, to promote fishing methods that contribute to more selective fishing and the avoidance and reduction, as far as possible, of unwanted catches, to fish with low impact on the marine ecosystem and fishery resources and to gradually eliminate discards. Besides, Article 28 of Regulation (EU) No 1380/2013 specifically provides that these principles shall be applied by the Union in its external policy. (3) By Council Decision 2008/780/EC 5, the Union concluded the Southern Indian Ocean Fisheries Agreement (the SIOFA). The Meeting of the Parties to the SIOFA is responsible for the adoption of measures designed to ensure the long-term conservation and sustainable use of fishery resources in the SIOFA Area through the application of the precautionary approach and an ecosystem approach to fisheries management, and, in so doing, to safeguard the marine ecosystems in which these resources occur. Such measures are to become binding upon the Union. 4 5 Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council decision 2004/585/EC (OJ L 354 of , p.22). Council Decision 2008/780/EC of 29 September 2008 on the conclusion, on behalf of the European Community, of the Southern Indian Ocean Fisheries Agreement (OJ L 268 of , p. 27). 8974/17 ADD 1 KSH/mc DG B 2A

7 (4) On 5 October 2012, the Council adopted Decision 14404/12 on the establishment of the Union position to be adopted in the framework of the Southern Indian Ocean Fisheries Agreement (SIOFA). (5) Decision 14404/12 provides that the position established therein is to be reviewed at the latest for the annual Meeting of the Parties to the SIOFA in It is therefore appropriate to repeal Decision 14404/12 and to replace it by a new Decision. (6) In view of the evolving nature of fishery resources in the SIOFA Area and the consequent need for the position of the Union to take account of new developments, including new statistical, biological and other information presented before or during the annual Meeting of the Parties, procedures must be established, in line with the principle of sincere cooperation among the Union institutions enshrined in Article 13(2) TEU, for the year-to-year specification of the Union position. (7) The Commission, in accordance with Articles 218 and 3(1) TFEU, represents the EU in the annual Meeting of the Parties to the SIOFA. Therefore, this Decision is addressed to the Commission. HAS ADOPTED THIS DECISION: Article 1 The position to be taken by the European Union in the annual Meeting of the Parties to the SIOFA, when that body is called upon to adopt acts having legal effects, is set out in Annex I. Article 2 The year-to-year specification of the Union position to be taken in the annual Meeting of the Parties to the SIOFA shall be established in accordance with Annex II. Article 3 The Union position set out in Annex I shall be assessed and, where appropriate, revised by the Council upon a proposal from the Commission, at the latest for the annual Meeting of the Parties to the SIOFA in Decision 14404/12 is repealed. Article 4 Article 5 This Decision is addressed to the European Commission. 8974/17 ADD 1 KSH/mc 1 DG B 2A

8 Done at Brussels, For the Council The President 8974/17 ADD 1 KSH/mc 2 DG B 2A

9 Council of the European Union Brussels, 10 May 2017 (OR. en) Interinstitutional File: 2017/0091 (NLE) 8974/17 ADD 1 PECHE 193 PROPOSAL From: date of receipt: 8 May 2017 To: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARU, Director Mr Jeppe TRANHOLM-MIKKELS, Secretary-General of the Council of the European Union No. Cion doc.: COM(2017) 214 final - ANNEXES 1 to 2 Subject: ANNEXES to the Proposal for a COUNCIL DECISION establishing the position to be adopted, on behalf of the European Union, in the Meeting of the parties to the Southern Indian Ocean Fisheries Agreement (SIOFA) and repealing Decision 14404/12 Delegations will find attached document COM(2017) 214 final - ANNEXES 1 to 2. Encl.: COM(2017) 214 final - ANNEXES 1 to /17 ADD 1 KSH/mc 3 DG B 2A

10 EUROPEAN COMMISSION Brussels, COM(2017) 214 final ANNEXES 1 to 2 ANNEXES to the Proposal for a COUNCIL DECISION establishing the position to be adopted, on behalf of the European Union, in the Meeting of the parties to the Southern Indian Ocean Fisheries Agreement (SIOFA) and repealing Decision 14404/12

11 ANNEX I The Union position in the Meeting of the Parties to the Southern Indian Ocean Fisheries Agreement (1) Principles In the framework of the SIOFA, the Union shall: a) ensure that measures adopted within the Meeting of the Parties to the SIOFA are 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 and limiting environmental impacts of fishing activities, to avoid and reduce as far as possible unwanted catches, and gradually eliminate discards, and to minimise the impact of fishing activities on marine eco-systems, 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; b) ensure that measures adopted within the Meeting of the Parties to the SIOFA are in accordance with the objectives of the SIOFA; c) ensure that measures adopted within the Meeting of the Parties to the SIOFA are consistent with international law, and in particular with the provisions of the UN Convention on the Law of the Sea, the UN Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the 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. d) promote positions consistent with those taken within other Regional Fisheries Management Organisations and, where applicable, with Regional Sea Conventions in the same area; e) seek 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 external relations, environment, trade, development, research and innovation and others; f) ensure that the Union's international commitments are respected; g) follow the Council Conclusions of 19 March 2012 on a Communication on the External dimension of the Common Fisheries Policy 6 ; h) aim to create a level playing field for the Union fleet within the SIOFA Area based on the same principles and standards as those applicable under Union law, and to promote the uniform implementation of resolutions and recommendations. (2) Orientations The Union shall, where appropriate, endeavour to support the adoption of the following actions by the Meeting of the Parties to the SIOFA: 6 cf. doc. 7086/12 PECHE 66

12 a) conservation and management measures for fisheries resources in the SIOFA Area based on the best scientific advice available, including total allowable catches (TACs) and quotas or effort regulation for species regulated by the Meeting of the Parties to the SIOFA, which would bring or maintain the achievement of the maximum sustainable yield exploitation rate at the latest by 2020; b) where necessary, specific measures for stocks which suffer from overfishing shall be considered in order to keep the fishing effort in line with available fishing opportunities and to safeguard the marine ecosystems; c) monitoring, control and surveillance measures in the SIOFA Area in order to ensure efficiency of control and compliance with measures adopted within the Meeting of the Parties to the SIOFA, including the implementation of a SIOFA Vessel Monitoring System; d) measures to prevent, deter and eliminate IUU fishing activities in the SIOFA Area, including IUU listing and Port State Measures; e) measures to minimize the negative impact of fishing activities on marine biodiversity, including seabirds, and protective measures for vulnerable marine ecosystems in the SIOFA Area in line with United Nations General Assembly Resolutions, and marine eco-systems, comprising measures to avoid and reduce as far as possible unwanted catches, including catches of ecologically important species, and gradually eliminate discards; f) measures aimed at the prohibition of fisheries conducted solely for the purpose of harvesting shark fins and, to require that all sharks be landed with each fin naturally attached; g) development of common approaches with other Regional Fisheries Management Organisations involved in the management of fisheries in the SIOFA Area; h) contribute to the establishment of an observer programme by developing and contributing to the drafting of the relevant observation scheme; i) supporting the undertaking of regular reviews to assess the performance of the SIOFA in due time and the implementation of its recommendations; j) measures to ensure over the medium-term a more balanced redistribution of the budget of the SIOFA; k) additional technical measures based on advice from the subsidiary bodies established by the Meeting of the Parties to the SIOFA.

13 ANNEX II Year to year specification of the Union position to be taken at the annual Meeting of the Parties to the Southern Indian Ocean Fisheries Agreement Before each annual Meeting of the Parties to the SIOFA, the necessary steps shall be taken to ensure that the position to be expressed on the Union's behalf takes account of the latest statistical, biological and other relevant information transmitted to the European Commission, in accordance with the principles and orientations set out in Annex I. To this effect and based on that information, the European Commission shall transmit to the Council or to its preparatory bodies in sufficient time before each annual Meeting of the Parties to the SIOFA a written document setting out the particulars of the proposed specification of the Union position for discussion and endorsement. If, in the course of further meetings, including on the spot, it is impossible to reach an agreement in order for the Union position to take account of new elements, the matter shall be referred to the Council or its preparatory bodies.

14 COM (2017) 214 Information Note 1. Proposal Proposal for a COUNCIL DECISION establishing the position to be adopted, on behalf of the European Union, in the Meeting of the parties to the Southern Indian Ocean Fisheries Agreement (SIOFA) and repealing Decision 14404/12 2. Date of Commission document 08/05/ Number of Commission document COM (2017) Number of Council document: 8974/17 5. Dealt with in Brussels by Coreper Council (Agriculture and Fisheries) 6. Department with primary responsibility Department of Agriculture, Food and the Marine 7. Other Departments involved 8. Background to, short summary and aim of the proposal This proposal aims at setting out the Union's position within the Southern Indian Ocean Fisheries Agreement (SIOFA) for the period and thereby replacing Council Decision 14404/12 of 5 October 2012, which covers the period This proposed revision aims to incorporate the principles and orientations of the new Common Fisheries Policy (CFP) and take into account the objectives of the Commission Communication on the external dimension of the CFP. Moreover, the Union's position has been adjusted to the Lisbon Treaty. The proposal contains general principles and orientations with regard to the Union s interaction with SIOFA. In addition, the standard process for the year to year specification of the Union position has been incorporated, as requested by Member States. 9. Legal basis of the proposal Article 43(2), in conjunction with article 218(9), of the Treaty on the Functioning of the European Union (TFEU) 10. Voting Method QMV 11. Role of the EP

15 Consultation 12. Category of proposal Purely technical 13. Implications for Ireland & Ireland's Initial View As Ireland does not have any fishing interests in the region, the proposal is of little significance to Ireland. 14. Impact on the Public 15. Have any consultations with Stakeholders taken place or are there any plans to do so? 16. Are there any subsidiarity issues for Ireland? 17. Anticipated negotiating period 18. Proposed implementation date 19. Consequences for national legislation 20. Method of Transposition into Irish law 21. Anticipated Transposition date 22. Consequences for the EU budget in Euros annually None 23. Contact name, telephone number and address of official in Department with primary responsibility Josephine Kelly, P.O. Sea-fisheries Policy and Management Division Telephone No Date 29/05/2017

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