Date: 2023-03-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2023/575 of 9 March 2023 authorising Poland to ratify, in the interest of the European Union, the amendment to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea
Executive Summary:
This Council Decision authorises Poland to ratify an amendment to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea. The amendment enables regional economic integration organisations, like the EU, to become parties to the Convention. The decision promotes consistency in the Union’s conservation approach and reinforces its commitment to sustainable fisheries resources. This decision enters into force twenty days after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Authorisation:**
* Poland is authorised to ratify the amendment to Article XVI.4 of the Convention.
* The ratification is in the interest of the European Union.
* The amendment allows regional economic integration organisations to become party to the Convention.
* **Background:**
* The Union is a Contracting Party to the United Nations Convention on the Law of the Sea.
* The Union is a Contracting Party to the Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea relating to straddling fish stocks and highly migratory fish stocks.
* The Union has exclusive competence in the field of conservation of marine biological resources under the Common Fisheries Policy.
* Poland is a Contracting Party to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea.
* **Entry into Force:**
* This Decision shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
* **Addressee:**
* This Decision is addressed to the Republic of Poland.
Impact Analysis:
* **Poland**
* *Impact:* Poland is authorised to ratify the amendment.
* *Action Required:* Proceed with the ratification of the amendment to the Convention.
* **European Union**
* *Impact:* The EU can potentially become a party to the Convention, allowing it to play a more effective role in the conservation and management of Pollock resources in the Central Bering Sea and promote consistency in its conservation approach.
* *Action Required:* Implement decisions established under the Convention in its legal order.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Poland: A country in Central Europe, authorized to ratify the amendment to the Convention.
Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea: An international agreement focused on the conservation and management of Pollock resources in the Central Bering Sea.
United Nations Convention on the Law of the Sea: An international agreement that requires all members of the international community to cooperate in conserving and managing the living resources of the sea.
European Commission: The executive branch of the European Union, responsible for proposing legislation.
European Parliament: The parliamentary body of the European Union.
Council of the European Union: A body composed of government ministers from each EU member state.
Brussels: The de facto capital of the European Union, where the decision was made.
14.3.2023 EN Official Journal of the European Union L 75/15
DECISIONS
COUNCIL DECISION (EU) 2023/575
of 9 March 2023
authorising Poland to ratify, in the interest of the European Union, the amendment to the
Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea
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
point (v) of Article 218(6)(a)thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament(1),
Whereas:
(1) The Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982(2),
which requires all members of the international community to cooperate in conserving and managing the living
resources of the sea.
(2) The Union is also a Contracting Party to the Agreement for the implementation of the provisions of the United
Nations Convention on the Law of the Sea of 10 December 1982relating to the conservation and management of
straddling fish stocks and highly migratory fish stocks(3).
(3) The Union has exclusive competence in the field of conservation of marine biological resources under the Common
Fisheries Policy. The powers thus conferred on the Union on the internal level also include the Union's power to
cooperate in international organisations, including in the framework of regional fisheries management
organisations.
(4) Poland is a Contracting Party to the Convention on the Conservation and Management of Pollock Resources in the
Central Bering Sea (the ‘Convention’). The Union is not a party to the Convention. By virtue of Article 6(9) of the
2003 Act of Accession, as from the date of accession, fisheries agreements concluded by acceding Member States
with third countries are to be managed by the Union. The Union should therefore implement in its legal order any
decisions established under the Convention.
(5) It is in the Union’s interest to play an effective role in the implementation of the Convention. Such a course of action
will also promote consistency in the Union’s conservation approach across oceans and reinforce its commitment to
the long-term conservation and sustainable use of fisheries resources globally.
(6) By its Decision of 11 April 2016 the Council authorised Poland to negotiate, in the interest of the Union, an
amendment to the Convention that would allow the participation of the Union as a full party to the Convention. To
that end, Poland was to propose an amendment to the Convention in order to allow the participation of regional
economic integration organisations and to allow for the Union to become a party to the Convention.
(1) Consent of 15 February 2023 (not yet published in the Official Journal).
(2) Council 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).
(3) Council 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).L 75/16 EN Official Journal of the European Union 14.3.2023
(7) In October 2016, Poland proposed such an amendment to the Convention to the Depositary of the Convention.
(8) Poland should therefore be authorised to ratify the amendment to the Convention,
HAS ADOPTED THIS DECISION:
Article 1
Poland is hereby authorised to ratify, in the interest of the European Union, the amendment to Article XVI.4 of the
Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea enabling regional
economic integration organisations to become party to that Convention.
Article 2
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Article 3
This Decision is addressed to the Republic of Poland.
Done at Brussels, 9 March 2023.
For the Council
The President
G. STRÖMMER