Date: 2019-03-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2019/510 of 25 March 2019 on the position to be taken on behalf of the European Union in the framework of the Convention on future multilateral cooperation in the North-East Atlantic fisheries as regards the application for accession to that Convention submitted by the United Kingdom
Executive Summary:
This Council Decision concerns the European Union's position regarding the United Kingdom's application to accede to the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (NEAFC). The EU approves the UK's accession to the NEAFC Convention, conditional on the UK's withdrawal from the EU occurring without a withdrawal agreement by the expiry of the notification period referred to in Article 204 of the NEAFC Convention. The Commission is authorized to notify the Depositary of the NEAFC Convention of the Union's position under these specific circumstances. This decision was adopted on March 25, 2019, and enters into force on the day of its adoption.
Key Points / Main Content:
* **Context and Background:**
* The UK submitted an application to accede to the NEAFC Convention on January 8, 2019, due to the potential absence of a withdrawal agreement from the EU.
* The NEAFC Convention currently applies to the UK through the EU's membership, but Article 204 excludes Member State accession.
* The UK has legitimate fishing interests within the NEAFC Convention area, both as a coastal state and concerning high seas.
* **EU Position:**
* The EU approves the UK's application for accession to the NEAFC Convention.
* This approval is conditional on the UK withdrawing from the EU without a withdrawal agreement by the expiry of the notification period referred to in Article 204 of the NEAFC Convention.
* The EU aims to prevent unsustainable fisheries and ensure the UK cooperates in managing stocks of common interest, adhering to UNCLOS and UNFSA provisions.
* **Implementation:**
* The Commission is authorized to notify the Depositary of the NEAFC Convention of the EU's position, but only if the specified conditions regarding the withdrawal agreement are met.
Impact Analysis:
**European Union:**
* Impact: Ensures continued cooperation in fisheries management in the North-East Atlantic, even after the UK's potential withdrawal without an agreement. Upholds the EU's interest in sustainable fisheries and compliance with international law.
* Action Required: The Commission must be prepared to notify the Depositary of the NEAFC Convention if the UK withdraws without a withdrawal agreement.
**United Kingdom:**
* Impact: Allows the UK to independently participate in the NEAFC Convention, ensuring its fishing interests are represented and that it can cooperate on necessary fishery management measures, but only if the UK withdraws from the EU without a withdrawal agreement by the expiry of the notification period referred to in Article 204 of the NEAFC Convention.
* Action Required: Awaits notification from the EU to the Depositary of the NEAFC Convention, contingent on the absence of a withdrawal agreement by the specified deadline.
**NEAFC Contracting Parties:**
* Impact: May see the United Kingdom become a new contracting party to the Convention, contingent on the absence of a withdrawal agreement between the UK and the EU by the specified deadline, potentially influencing the dynamics and decisions within the organization.
* Action Required: No immediate action required unless or until the UK's accession is formally processed following the EU's notification.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
United Kingdom: A country in Europe that was formerly a member state of the European Union.
NorthEast Atlantic Fisheries: Refers to fisheries located in the NorthEast Atlantic region.
NEAFC Convention: Convention on Future Multilateral Cooperation in the NorthEast Atlantic Fisheries.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the day-to-day business of the EU.
Treaty on European Union: A treaty that forms the constitutional basis of the European Union.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, detailing the organization and operation of the EU.
United Nations Convention on the Law of the Sea: An international agreement that establishes legal framework for all marine and maritime activities.
L 85/22 EN Official Journal of the European Union 27.3.2019
COUNCIL DECISION (EU) 2019/510
of 25 March 2019
on the position to be taken on behalf of the European Union in the framework of the Convention
on future multilateral cooperation in the North-East Atlantic fisheries as regards the application
for accession to that Convention submitted by the United Kingdom
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with
Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Convention on future multilateral cooperation in the North-East Atlantic fisheries (1) (‘the NEAFC
Convention’) was approved by Council Decision 81/608/EEC (2) and entered into force on 17 March 1982.
(2) On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union
pursuant to Article 50 of the Treaty on European Union (TEU). The Treaties will cease to apply to the United
Kingdom from the date of entry into force of a withdrawal agreement or, failing that, two years after that
notification, namely from 30 March 2019, unless the European Council, in agreement with the United Kingdom,
unanimously decides to extend that period.
(3) Until its withdrawal from the Union, the United Kingdom remains a Member State enjoying all the rights and is
bound by all obligations stemming from the Treaties, including compliance with the principle of sincere
cooperation.
(4) In the guidelines following the United Kingdom's notification under Article 50 TEU of 29 April 2017, the
European Council recognised the need, in the international context, to take into account the specificities of the
United Kingdom as a withdrawing Member State, provided it respects its obligations and remains loyal to the
Union's interests while still a Member State.
(5) The Withdrawal Agreement contains arrangements for the application of provisions of Union law to and in the
United Kingdom beyond the date the Treaties cease to apply to the United Kingdom (‘transition period’). If that
Agreement enters into force, Union law, including international agreements to which the Union is a party, will
continue to apply to and in the United Kingdom during the transition period in accordance with that Agreement
and will cease to apply at the end of that period.
(6) The NEAFC Convention currently applies to the United Kingdom as a result of the Union being a Contracting
Party to that Convention, while Article 20(4) of the NEAFC Convention excludes the accession of Member States
of the Union.
(7) Pursuant to Article 20(4) of the NEAFC Convention, any State may accede to the NEAFC Convention provided
that an application for accession of that State meets with the approval of three-fourths of all Contracting Parties
to the NEAFC Convention within 90 days from the date of notification by the Depositary of the receipt of the
application.
(8) On 8 January 2019, the United Kingdom submitted an application to accede to the NEAFC Convention as
a Contracting Party in view of a possible absence of a withdrawal agreement by the date the Treaties cease to
apply to it.
(9) Pursuant to Articles 56, 63 and 116 of the United Nations Convention on the Law of the Sea (UNCLOS) (3), the
United Kingdom has legitimate fishing interests within the Convention Area of the NEAFC Convention (high seas)
and as a coastal State, insofar as the waters under the exclusive economic zone of the United Kingdom fall within
the Convention Area of the NEAFC Convention.
(1) OJ L 227, 12.8.1981, p. 22.
(2) Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the
North-East Atlantic Fisheries (OJ L 227, 12.8.1981, p. 21).
(3) OJ L 179, 23.6.1998, p. 3.27.3.2019 EN Official Journal of the European Union L 85/23
(10) In order to prevent unsustainable fisheries, it is in the interest of the Union that the United Kingdom cooperates
in the management of the stocks of common interest in full compliance with the provisions of the UNCLOS and
the United Nations Agreement on the implementation 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 fish stocks and
highly migratory fish stocks of 4 August 1995 (UNFSA) (4) or any other international agreement or norm of in
ternational law.
(11) As provided in Article 63(2) of the UNCLOS and in Article 8 of the UNFSA, where the same stock or stocks of
associated species occur both within the exclusive economic zone and in an area beyond and adjacent to that
zone, the coastal State and the States fishing for such stocks in the adjacent area are to cooperate to agree upon
the measures necessary for the conservation of those stocks in the adjacent area. Such cooperation may be
established in the framework of regional fisheries management organisations or, where such regional organ
isations have no competence for the stock in question, by means of ad hoc arrangements among the countries
having an interest in the fishery.
(12) The accession of the United Kingdom to the NEAFC Convention will allow the United Kingdom to cooperate on
the necessary fishery management measures with due regard to the rights, interests and duties of other countries
and the Union, with a view to ensuring that fishing activities are carried out in a way that results in the
sustainable exploitation of the stock or stocks concerned.
(13) It is therefore in the interest of the Union to approve the application for accession to the NEAFC Convention
submitted by the United Kingdom if the withdrawal of the United Kingdom from the Union takes place without
a withdrawal agreement by the expiry of the notification period referred to in Article 20(4) of the NEAFC
Convention,
HAS ADOPTED THIS DECISION:
Article 1
1. The position to be taken on the Union's behalf in the framework of the Convention on Future Multilateral
Cooperation in the North-East Atlantic Fisheries shall be to approve the application for accession of the United Kingdom
to the NEAFC Convention.
2. The Commission shall be authorised to notify the Depositary of the NEAFC Convention of the Union's position
only if the withdrawal of the United Kingdom from the Union takes place without a withdrawal agreement by the
expiry of the notification period referred to in Article 20(4) of the NEAFC Convention.
Article 2
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 25 March 2019.
For the Council
The President
G. CIAMBA
(4) OJ L 189, 3.7.1998, p. 14.