PURPOSE: to transpose into Union law the management, conservation and control provisions adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT) in the Atlantic Ocean and adjacent seas.

LEGISLATIVE ACT: Regulation (EU) 2017/2107 of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007.

CONTENT: this Regulation lays down management, conservation and control provisions relating to fishing for highly migratory fish species managed by the International Commission for the Conservation of Atlantic Tunas (ICCAT).

The European Union has been a Contracting Party to the International Convention for the Conservation of Atlantic Tunas (the ICCAT Convention) since 14 November 1997.

The ICCAT Convention provides a framework for regional cooperation on the conservation and management of tunas and tuna-like species in the Atlantic Ocean and the adjoining seas through the setting up of an International Commission for the Conservation of Atlantic Tunas (the ICCAT).

The ICCAT has the authority to adopt binding recommendations for the conservation and management of the fisheries under its purview.

The Regulation shall transpose into EU law the conservation, control and enforcement measures adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT) in the Atlantic Ocean and adjacent seas. The transposition proposal relates to the measures adopted by ICCAT since 2008, with the exception of the multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, which is subject to a separate transposition process through Regulation (EU) 2016/1627 of the European Parliament and of the Council.

Subject matter and scope : the new regulation shall apply to the Union vessels fishing in the ICCAT Convention area or, in the case of transhipments, in the area outside the ICCAT Convention area for the species caught in the ICCAT Convention area.

The management measures are divided into seven chapters , each covering one species: (i) tropical tunas; (ii) North Atlantic albacore; (iii) swordfish (Atlantic and Mediterranean); (iv) blue marlin and white marlin; v) sharks; vi) seabirds (by-catch) and vii) turtles (by-catch).

Control and monitoring measures : the Regulation contains measures on:

the ICCAT record of large scale vessels which is a list, maintained by the ICCAT Secretariat, of large scale fishing vessels authorised to target ICCAT species in the ICCAT Convention Area; chartering; control of catches, and notably compliance with quotas and minimum size requirements, catch sampling and catch and fishing effort notification; transhipments; scientific observer programmes; monitoring of the fleets of third countries; procedure in case of infringements of the ICCAT conservation and management measures and monitoring of the fleets included in the ICCAT IUU (illegal, unreported and unregulated fishing) list.

ENTRY INTO FORCE: 3.12.2017.

DELEGATED ACTS: the Commission may adopt delegated acts to implement future amendments to the ICCAT recommendations in Union law. The power to adopt such acts is conferred on the Commission for a period of five years (renewable) from 3 December 2017. The European Parliament or the Council shall have the right to oppose a delegated act within a period of two months (extendable two months) from the notification of the act.

The European Parliament adopted by 590 votes to 72, with 10 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention Area of the International Commission for the Conservation of Atlantic Tunas (ICCAT) and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007.

Scope of the Regulation : Parliament clarified that the Regulation should also apply to third country fishing vessels.

Moreover, the measures provided for in the Regulation should apply in addition to those laid down in Regulation (EC) No 1224/2009 on controls and Regulation (EC) No 1005/2008 on illegal, unreported and unregulated (IUU regulation).

Implementation of ICCAT recommendations : the amended text clarified that when implementing those recommendations, the Union and Member States should endeavour to promote coastal fishing activities and the use of fishing gear and techniques which are selective and have a reduced environmental impact, including gear and techniques used in traditional and artisanal fisheries, thereby contributing to a fair standard of living for local economies.

Management plans for North Atlantic swordfish : Members clarified that management plans should be submitted by the Member States to which a quota has been allocated.

Blue marlin and white marlin : the amended text provided that, when their quota is being approached, Member States shall ensure that vessels flying their flag release all blue marlin and white marlin that are alive by the time of boarding.

When a Member State has exhausted its quota, it shall ensure that the landings of blue marlin and white marlin that are dead when brought alongside the vessel are not sold or entered into commerce. Such landings shall not count against that Member State’s catch limits, provided that such prohibition is clearly explained in the annual report referred to in the Regulation.

For the recreational fisheries of blue marlin and white marlin, a minimum conservation size of 251 cm and 168 cm lower jaw fork length shall apply respectively.

Breakdown of fishing opportunities for bluefin tuna and swordfish between Member States : the general principle should be that when allocating fishing opportunities for bluefin tuna and swordfish stocks available to them, Member States shall use transparent and objective criteria, including those of an environmental, social and economic nature.

In addition, they shall: (i) endeavour to distribute national quotas fairly among the various fleet segments giving special consideration to traditional and artisanal fishing; (ii) provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact.

Declaration by the European Parliament : the legislative resolution is accompanied by a declaration in which the European Parliament expresses its concern that the Commission is proposing to implement, in 2017, ICCAT Recommendations that date back to 2008.

Apart from the fact that this is challengeable before the Court of Justice, Parliament considered that this leads to legal uncertainty for operators and a situation in which the institutions are about to adopt ICCAT recommendations that are obsolete and outdated.

The European Parliament therefore urged the Commission to forward any future proposal for transposition of Recommendations from regional fisheries management organisations within a maximum of six months from the date of their adoption .

While welcoming the recommendation of ICCAT establishing a multi-annual recovery plan for Mediterranean swordfish , Parliament stressed that this plan would only be successful if efforts were made by neighbouring third countries to efficiently manage this species.

Lastly, it stressed that quotas have to be distributed fairly among operators, taking into account production values and turnover. Quotas illegally fished by driftnets should not count towards the calculation of historic catches and rights.

The Committee on Fisheries adopted the report by Gabriel MATO (EPP, ES) on the proposal for a regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention Area of the International Commission for the Conservation of Atlantic Tunas (ICCAT) and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007.

The committee recommended that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows:

Scope of the Regulation : Members proposed that this Regulation shall also apply to third country vessels.

The measures provided for in this Regulation shall apply in addition to those provided for in Regulation (EC) No 1224/2009 establishing a Community control system and Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (IUU).

ICCAT IUU list : Members considered that the list of vessels participating in illegal, unreported and unregulated fishing should include all vessels engaged in IUU fishing, being Contracting parties to ICCAT or not.

Vessels targeting bigeye tuna in the ICCAT Convention area : Members proposed withdrawing from the Commission proposal the provision according to which these vessels may be replaced only by vessels of equivalent capacity or lesser.

Blue marlin and white marlin : Members stated that Member States shall take appropriate measures to ensure that the blue marlin and white marlin are released in a manner that maximise their chances of survival.

The provision foreseeing that Member States encourage the use of monofilament streamer lines on swivel so that live blue marlin and white marlin may be easily released has been deleted.

Management plans : it is stated that management plans have to be submitted by those Member States that have a quota allocated.

Transhipment at sea : transhipment at sea is one of the main causes of the lack of transparency in fisheries globally, that facilitates IUU fishing. Therefore, while the relevant ICCAT Recommendation, that allow for transhipments by large pelagic longliners, has to be accurately transposed, Members considered that the European Commission should pursue its pressure in regional fisheries management organisations (RFMO) to put an end to it .

Allocation of fishing opportunities for bluefin tuna and swordfish stocks : when allocating the fishing opportunities for bluefin tuna and swordfish stocks available to them, Member States shall use transparent and objective criteria , including those of an environmental, social and economic nature.

Moreover, they shall also endeavour to distribute national quotas fairly among the various fleet segments giving special consideration to traditional and artisanal fishing, and to provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact.

PURPOSE: to transpose into EU law the conservation, control and enforcement measures adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

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 objective of the Common Fisheries Policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council is to ensure exploitation of marine biological resources that provides long-term environmental, economic and social sustainability.

The European Union has been a Contracting Party to the International Convention for the Conservation of Atlantic Tunas ("the ICCAT Convention") since 14 November 1997.

The ICCAT Convention provides a framework for regional cooperation on the conservation and management of tunas and tuna-like species in the Atlantic Ocean and the adjoining seas through the setting up of an International Commission for the Conservation of Atlantic Tunas (the "ICCAT").

The ICCAT has the authority to adopt binding recommendations for the conservation and management of the fisheries under its purview. These acts are essentially addressed to the ICCAT Contracting Parties, but also contain obligations for private operators (e.g. vessel masters). The ICCAT Recommendations enter into force six months following their adoption and in respect of the EU, they must be enacted into European Union law .

CONTENT: the transposition proposal relates to the measures adopted by ICCAT since 2008, with the exception of the multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, which is subject to a separate transposition process.

The main elements of the proposal are as follows:

Subject matter and scope : the proposed regulation seeks to lays down management, conservation and control provisions relating to fishing for highly migratory fish species managed by the International Commission for the Conservation of Atlantic Tunas (ICCAT). It shall apply to the Union vessels fishing in the ICCAT Convention area or, in the case of transhipments, in the area outside the ICCAT Convention area for the species caught in the ICCAT Convention area.

ICCAT management measures : the proposal states that the ICCAT management measures are divided into 7 chapters per individual species: (i) tropical tunas; (ii) North Atlantic albacore; (iii) swordfish (Atlantic swordfish as well as Mediterranean swordfish); (iv) blue marlin and white marlin; (v) sharks; (vi) sea-birds (caught as by-catch) and (vii) turtles (caught as by-catch).

Common control and monitoring measures : the proposal contains measures on:

the ICCAT record of large scale vessels which is a list, maintained by the ICCAT Secretariat, of large scale fishing vessels authorised to target ICCAT species in the ICCAT Convention Area; chartering; control of catches, and notably compliance with quotas and minimum size requirements, catch sampling and catch and fishing effort notification; transhipment and on scientific observer programmes respectively; reporting obligations with regard to designated ports and points of contact and with regard to port inspections; enforcement and specifically with alleged infringements and non-compliances and ICCAT draft IUU list (a list of vessels flying the flag of non-Contracting parties, which are considered by ICCAT to have engaged in illegal, unreported and unregulated (IUU) fishing.

Final provisions : measures are proposed as regards the annual report, confidentiality of data, procedure for amendments, exercise of the delegation, implementation and amendments to the existing EU legislation.

DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.