Legislative Observatory
European Parliament
Please fill in this field to find a procedure

Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

2011/0047(NLE)

PURPOSE: to conclude, on behalf of the EU, the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean.

PROPOSED ACT: Council Decision.

BACKGROUND: in 2006, the governments of Australia, Chile and New Zealand took the initiative to launch the process of International Consultations on  the establishment of South Pacific Regional

Fisheries Management Organisation (SPRFMO). The purpose of the Consultations was to cooperate in addressing the gap the gap that exists in the international conservation and management of non-highly migratory fisheries and protection of biodiversity in the marine environment extending from the most eastern part of the South Indian Ocean through the Pacific towards South America.  The EU has fishing interests in the South Pacific and is therefore obliged, under the terms of the UN Convention on the Law of the Sea, to cooperate with other interested parties in the management and conservation of the region's resources.

The Union has participated in this process from the start and has played an active and constructive role. The text of the Convention was agreed in November 2009 and has been open for signature since 1 February 2010. The Union signed the Convention text on 26 July 2010. It is advisable for the Union to ratify the Convention in the near future in order to show continued support for the establishment of this RFMO and facilitate the process of entry into force of this Convention, for which 8 ratifications are required, including 3 from coastal States and 3 from non-coastal States. 

IMPACT ASSESSMENT: no impact assessment was undertaken.

LEGAL BASIS: Article 43, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the EU.

CONTENT:  the proposal involves the conclusion of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean on behalf of the Union.

Objective: the objective of the Convention is, through the application of the precautionary approach and an ecosystem approach to fisheries management, to ensure the long-term conservation and sustainable use of fishery resources and, in so doing, to safeguard the marine ecosystems in which these resources occur.

Principles: in giving effect to the objective of the Convention and carrying out decision making under the Convention, the relevant parties must apply, in particular, the following principles;

  • conservation and management of fishery resources shall be conducted in a transparent, accountable and inclusive manner, taking into account best international practices;
  • fishing shall be commensurate with the sustainable use of fishery resources taking into account the impacts on non-target and associated or dependent species and the general obligation to protect and preserve the marine environment; 
  • overfishing and excess fishing capacity shall be prevented or eliminated;
  • full and accurate data on fishing, including information relating to impacts on the marine ecosystems in which fishery resources occur, shall be collected, verified, reported and  shared in a timely and appropriate manner;
  • decisions shall be based on the best scientific and technical information available and the advice of all relevant subsidiary bodies;
  • cooperation and coordination among Contracting Parties shall be promoted to ensure that conservation and management measures adopted by the Commission and conservation and management measures applied in respect of the same fishery  resources in areas under national jurisdiction are compatible;
  • marine ecosystems shall be protected, in particular those ecosystems which have long recovery times following disturbance;
  • the interests of developing States, in particular the least developed among them and small island developing States, and of territories and possessions, and the needs of developing State coastal communities, shall be recognised;
  • effective compliance with conservation and management measures shall be ensured and sanctions for any violations shall be adequate in severity to discourage violations wherever they occur and in particular shall deprive offenders of the benefits accruing from their illegal activities; and
  • pollution and waste originating from fishing vessels, discards, catch by lost or abandoned gear and impacts on other species and marine ecosystems shall be minimised.

Relevant parties must also apply the precautionary approach and an ecosystem approach in accordance the terms of the Convention.

The Council is requested to adopt the proposal as soon as possible following the consent of the European Parliament.

BUDGETARY IMPLICATION: the proposal has no implications for the EU budget.