THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1)
The Community has by Decision 98/392/EC approved the United Nations Convention on the Law of the Sea which contains principles and rules relating to the conservation and management of the living resources of the sea. In the framework of its wider international obligations, the Community participates in efforts made in international waters to conserve fish stocks.
(2)
Pursuant to Decision 86/238/EEC the Community has been a Contracting Party to the International Convention for the Conservation of Atlantic Tunas, hereinafter ‘the ICCAT Convention’, since 14 November 1997.
(3)
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 adjoining seas through the setting up of an International Commission for the Conservation of Atlantic Tunas, hereinafter the ‘ICCAT’, and the adoption of recommendations on conservation and management in the Convention area which become binding on the Contracting Parties.
(4)
ICCAT has recommended a number of technical measures for certain stocks of highly migratory species in the Atlantic and the Mediterranean, specifying inter alia authorised sizes and weights of fish, and restrictions on fishing within certain areas and time periods, with certain gears, and on capacity. These recommendations are binding on the Community and should therefore be implemented.
(5)
The Community has by Decision 95/399/EC approved the Agreement for the establishment of the Indian Ocean Tuna Commission. The Agreement provides an appropriate framework for closer international cooperation and the rational use of tunas and related species in the Indian Ocean by setting up the Indian Ocean Tuna Commission, hereinafter the ‘IOTC’, and adopting recommendations on conservation and management in the IOTC area which become binding on the Contracting Parties.
(6)
The IOTC has adopted a recommendation laying down technical measures for certain stocks of highly migratory species in the Indian Ocean and in particular the limiting of capacity. That recommendation is binding on the Community and should therefore be implemented.
(7)
The Community has by Decision 2005/938/EC approved the Agreement on the International Dolphin Conservation Programme. It should therefore apply the provisions laid down in that Agreement.
(8)
The objectives of the Agreement include a progressive reduction of incidental dolphin mortalities in the tuna purseseine fishery in the Eastern Pacific Ocean to levels approaching zero, by setting annual limits, and the long-term sustainability of the tuna stocks in the Agreement Area.
(9)
The Community has fishing interests in the Eastern Pacific Ocean and has participated in the procedure for the adoption of the Convention for the strengthening of the Inter-American Tropical Tuna Commission, hereinafter the ‘Antigua Convention’. By Decision 2005/26/EC it signed the Antigua Convention and launched the procedure for becoming a party to it. Pending the entry into force of the Antigua Convention, the Community, as a cooperating non-contracting party to the Inter-American Tropical Tuna Commission, hereinafter the ‘IATTC’, has decided to apply the technical measures adopted by the IATTC. These measures should therefore be incorporated in Community law.
(10)
Pursuant to Decision 2005/75/EC and with effect from 25 January 2005 the Community is a Contracting Party to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, hereinafter the ‘WCPFC Convention’.
(11)
The WCPFC Convention provides a framework for regional cooperation with a view to ensuring the long-term conservation and sustainable exploitation of highly migratory fish stocks in the Western and Central Pacific Ocean through the setting up of a Fisheries Commission for the Western and Central Pacific Ocean (WCPFC).
(12)
The Community should therefore apply the provisions laid down in the Convention and the technical measures adopted by the WCPFC.
(13)
The technical measures adopted by these regional fisheries organisations have been incorporated into Council Regulation (EC) No 973/2001 of 14 May 2001 laying down technical measures for the conservation of certain stocks of highly migratory species.
(14)
The adoption of new technical measures by these organisations and the updating of those in force since the adoption of Regulation (EC) No 973/2001 require the repeal of that Regulation and its replacement by this Regulation.
(15)
The limits on capacity must be determined in accordance with Article 20 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy.
(16)
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission,
HAS ADOPTED THIS REGULATION: