International Commission for the Conservation of Atlantic Tunas (ICCAT): management, conservation and control measures applicable in the Convention Area

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.