Regulation (EU) 2021/56 of the European Parliament and of the Council of 20 January 2021 laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007
Regulation (EU) 2021/56 of the European Parliament and of the Councilof 20 January 2021laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,Having regard to the proposal from the European Commission,After transmission of the draft legislative act to the national parliaments,Having regard to the opinion of the European Economic and Social CommitteeOpinion of 2 December 2020 (not yet published in the Official Journal).,Acting in accordance with the ordinary legislative procedurePosition of the European Parliament of 15 December 2020 (not yet published in the Official Journal) and decision of the Council of 13 January 2021.,Whereas:(1)The objective of the Common Fisheries Policy, as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the CouncilRegulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22)., is to ensure an exploitation of marine biological resources that provides sustainable economic, environmental and social conditions.(2)By means of Council Decision 98/392/ECCouncil Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1)., the Union approved the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement for the Implementation of that Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish StocksCouncil Decision 98/414/EC of 8 June 1998 on the ratification by the European Community of the Agreement for the implementing of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 14)., which contain principles and rules with regard to the conservation and management of the living resources of the sea. In the framework of its wider international obligations, the Union participates in efforts made in international waters to conserve fish stocks.(3)By means of Council Decision 2006/539/ECCouncil Decision 2006/539/EC of 22 May 2006 on the conclusion, on behalf of the European Community of the Convention for the strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (OJ L 224, 16.8.2006, p. 22)., the Union approved the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica ("the Convention").(4)The Inter-American Tropical Tuna Commission (IATTC) has the authority to adopt decisions ("Resolutions") to ensure the long-term conservation and sustainable use of the fishery resources in the Convention area. Resolutions are binding for the Contracting Parties. Resolutions are essentially addressed to the Contracting Parties to the Convention, but also contain obligations for private operators (e.g. masters of vessels). Resolutions enter into force 45 days following their adoption and, in respect of the Union, they must be implemented into Union law as soon as possible.(5)By means of Council Decision 2005/938/ECCouncil Decision 2005/938/EC of 8 December 2005 on the approval on behalf of the European Community of the Agreement on the International Dolphin Conservation Programme (OJ L 348, 30.12.2005, p. 26)., the Union approved the Agreement on the International Dolphin Conservation Programme ("the Agreement"), which established the International Dolphin Conservation Programme (IDCP).(6)Under Article XIV of the Agreement, the IATTC is to have an integral role in coordinating the implementation of the Agreement and in implementing the measures that will be adopted within the framework of the IATTC.(7)Within the IDCP, the Meeting of the Parties is responsible for the adoption of measures designed to progressively reduce incidental dolphin mortality in the tuna purse seine fishery in the Agreement Area to levels approaching zero, through the setting of annual limits. Such measures become binding upon the Union.(8)The most recent implementation of the Resolutions was carried out through Council Regulation (EC) No 520/2007Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001 (OJ L 123, 12.5.2007, p. 3)..(9)Taking into consideration that Resolutions are likely to be amended at the annual meetings of the IATTC, and in order to swiftly incorporate them into Union law, to reinforce the level playing field and further support the long-term sustainable management of the stocks, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the following aspects: the technical specifications for shark lines, closure periods, fish-aggregating devices (FADs) reporting timelines, provisions concerning design and deployment of FADs, data collection deadlines, areas and mitigation measures for the protection of seabirds, scientific observer coverage, information related to the Regional Vessel Register, reference to table for provision of data for the logbooks and unloading records, the bigeye tuna statistical document, several reporting deadlines and the turtle mortality guidelines. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-MakingOJ L 123, 12.5.2016, p. 1.. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.(10)The delegation of powers provided for in this Regulation should be without prejudice to the implementation of future Resolutions into Union law through the ordinary legislative procedure.(11)Since this Regulation implements all IATTC measures, Article 3(3), Article 4(3) and Title IV of Regulation (EC) No 520/2007 should be deleted,HAVE ADOPTED THIS REGULATION: