PURPOSE: to conclude an amended Agreement for the
establishment of the General Fisheries Commission for the
Mediterranean.
PROPOSED ACT: Council Decision.
ROLE OF THE EUROPEAN PARLIAMENT: The European
Parliament decides in accordance with the ordinary legislative
procedure and on an equal footing with the Council.
BACKGROUND: the Agreement for the establishment of the
General Fisheries Commission for the Mediterranean (GFCM), under
the provisions of Article XIV of the FAO constitution, was approved
by the FAO Conference in 1949 and entered into force in 1952.
Amendments to this Agreement were approved in 1963, 1976 and
1997.
The European Community acceded to the GFCM on 16 June
1998 through Decision 98/416/EC.
Mediterranean and Black Sea EU Member States are also
parties to this Agreement.
The GFCM is a so-called Regional Fisheries Management
Organisation (RFMO), with the aim of promoting the development,
conservation, rational management and best utilization of living
marine resources, as well as the sustainable development of
aquaculture in the Mediterranean and Black Sea.
An amendment of the GFCM Agreement was launched in
2013 following a performance review finalised in 2011, which
concluded that the Agreement should be amended to clarify the
objectives and functions of the GFCM, and strengthen its
efficiency.
The amended Agreement was negotiated with the GFCM
Contracting Parties. The Council authorised the Commission to
negotiate on behalf of the Union on matters falling within the
Union's competence. The negotiations were carried out by Member
States and the Commission as per their respective areas of
competence in accordance to the terms of the mandate.
The Contracting Parties to the GFCM endorsed the
"Amended Agreement for the establishment of the General Fisheries
Commission for the Mediterranean" at the GFCM 38 Annual Session on
19-24 May 2014.
It is now necessary to conclude the amended Agreement
on behalf of the European Union.
CONTENT: the Commission invites the Council to adopt a
decision to approve, on behalf of the European Union, the amended
Agreement for the establishment of the General Fisheries Commission
for the Mediterranean.
The amended Agreement revises the structure and
content of the current one, so as to bring it in line with modern
RFMO instruments.
Amendment: main changes
introduced are as follows:
- A clearer explanation of the purpose of the GFCM
Agreement: the new Agreement sets a clear overall objective of
biological, social, economic and environmental sustainability of
living marine resources. It also introduces definitions of the
terms that are necessary for the correct interpretation of the
Agreement.
Better defined functions of the GFCM, which include
the promotion of common fishery management through multiannual
management plans, the establishment of fisheries restricted areas,
and the collection and dissemination of data.
In this context, the new Agreement integrates core
elements of the Common Fisheries Policy regarding:
- the objective of maximum sustainable
yield,
- the ecosystem and precautionary approach,
- the reduction of discards,
- the fight against illegal, unreported and unregulated
fishing.
- Sanctions: the amendment includes provisions
for the establishment of measures/sanctions to address
non-compliance by Members/non-Members.
- Dispute settlements: the establishment of a
well-defined dispute settlement mechanism in case disputes arise
between Contracting Parties.
It should be noted that the text of the amended
Agreement will undergo a final legal check by the FAO, which should
be finalised in October 2014. The text may therefore undergo
changes, which are not expected to be of substance.