Council Decision (EU) 2023/2916 of 11 December 2023 on the position to be taken on behalf of the European Union at meetings of the Parties to the Agreement to prevent unregulated high seas fisheries in the Central Arctic Ocean and repealing Decision (EU) 2020/1582

Article 1

The position to be taken on the Union’s behalf in the meetings of the Parties to the Agreement to prevent unregulated high seas fisheries in the Central Arctic Ocean (‘the Agreement’) is set out in Annex I.

Article 2

The year-to-year specification of the Union’s position to be taken in the meetings of the Parties to the Agreement shall be conducted in accordance with Annex II.

Article 3

The Union’s position set out in Annex I shall be assessed and, where appropriate, revised by the Council upon a proposal from the Commission, at the latest for the meeting of the Parties to the Agreement in 2029.

Article 4

Decision (EU) 2020/1582 is hereby repealed.

Article 5

This Decision shall enter into force on the date of its adoption.

The position to be taken on the Union’s behalf at meetings of the Parties to the Agreement to prevent unregulated high seas fisheries in the Central Arctic Ocean

ANNEX ISupplementary provisions

ANNEX I The position to be taken on the Union’s behalf at meetings of the Parties to the Agreement to prevent unregulated high seas fisheries in the Central Arctic Ocean 1.   PRINCIPLES In the framework of the meetings of the Parties to the Agreement, the Union shall: (a) ensure that measures adopted within the Agreement are consistent with international law, and in particular with the 1982 UN Convention on the Law of the Sea, the 1995 UN Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the 1993 Food and Agriculture Organization (FAO) Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas, and the 2009 FAO Port State Measures Agreement; (b) promote the objectives of the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and at the 15th Conference of the Parties to the Convention on Biological Diversity, in particular as regards stepping up the protection of marine biodiversity and the protection of 30 % of the world’s ocean through marine protected areas; (c) contribute to the implementation of the European Green Deal, in line with the Council Conclusions of 23 October 2020 on Biodiversity – the need for urgent action, the Council Conclusions of 10 June 2021 on Forging a climate-resilient Europe – the new EU Strategy on Adaptation to Climate Change, notably concerning the protection of nature, and with the Council Conclusions of 19 October 2020 on the Farm to Fork Strategy, and a stronger Europe in the world; (d) act in accordance with the objectives and principles pursued by the Union within the common fisheries policy, notably through the precautionary approach and the aims related to the maximum sustainable yield as laid down in Article 2(2) of Regulation (EU) No 1380/2013, to promote the implementation of an ecosystem-based approach to fisheries management, to avoid and reduce, as far as possible, unwanted catches, and gradually eliminate discards, and to minimise the impact of fishing activities on marine ecosystems and their habitats, as well as, through the promotion of economically viable and competitive Union fisheries, to provide a fair standard of living for those who depend on fishing activities and taking account of the interests of consumers; (e) be in line with the Council Conclusions of 19 March 2012 on the Commission Communication on the external dimension of the common fisheries policy; (f) be in line with the Council Conclusions of 13 December 2022 on the International Ocean Governance for safe, secure, clean, healthy and sustainably managed oceans and seas regarding marine biodiversity conservation; (g) be in line with the Joint Communication by the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission on a stronger EU engagement for a peaceful, sustainable and prosperous Arctic; (h) ensure that the Union’s international commitments are respected and fulfilled; (i) work towards an appropriate involvement of stakeholders, including relevant scientific and technical organizations, bodies and programs, as well as indigenous and local knowledge, in the preparation phase for measures considered by the meetings of the Parties, including in the meetings of scientific experts under the Agreement, and ensure that these measures are in accordance with the objectives of the Agreement; (j) promote positions consistent with the best practices of regional fisheries management organisations (RFMOs) in the same area; (k) seek consistency and synergy with the policy that the Union is pursuing as part of its bilateral fisheries relations with third countries, and ensure coherence with its other policies notably in the field of external relations, employment, environment, trade, development, research and innovation; (l) aim to create a level playing field for the Union fleet within the Agreement area based on the same principles and standards as those applicable under Union law, and to promote the uniform implementation of those principles and standards; (m) promote coordination between the Agreement and existing RFMOs and regional sea conventions (RSCs), in particular the North East Atlantic Fisheries Commission (NEAFC), the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention), which is the RSC for the North-East Atlantic and cooperation with global organisations, as applicable, within their mandates, where appropriate; (n) actively support the Agreement’s implementation, including by contributing to the Joint Program of Scientific Research and Monitoring with the aim of improving the Parties’ collective understanding of the ecosystems in the High Seas of the Central Arctic Ocean and, in particular, of determining whether fish stocks might exist now or in the future that could be harvested on a sustainable basis and the possible impacts of such fisheries on these ecosystems; (o) ensure compatibility between conservation and management measures established for the same stocks in the waters under national jurisdiction and the measures adopted in respect of the high seas in accordance with Article 118 of the United Nations Convention on the Law of the Sea and Article 8 of the Agreement for 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; (p) ensure consistency with the Union’s interest in the Arctic as a region of growing strategic importance. 2.   ORIENTATIONS The Union shall, where appropriate, endeavour to support the adoption of the following actions by the Agreement: (a) measures to promote the conservation and restoration of biodiversity and to promote the sustainability of stocks, and the integration of climate change considerations in the decision-making process; (b) conservation and management measures for fisheries resources in the Agreement Area based on the best scientific advice available, including total allowable catches and quotas or effort regulation in fisheries harvesting living marine biological resources regulated by the Agreement, which would achieve the maximum sustainable yield. Where necessary, those conservation and management measures shall include specific measures for stocks which suffer from overfishing to keep the fishing effort in line with available fishing opportunities; (c) measures to promote data collection, scientific research and science-based management decisions, the strengthening of its compliance committee, a culture of compliance and periodical independent performance reviews; (d) measures to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing activities in the Agreement Area, including IUU vessel listing and cross-listing with other RFMOs, and measures to promote the traceability of fish and fishery products based on the Voluntary Guidelines for Catch Documentation Schemes; (e) monitoring, control and surveillance measures in the Agreement Area in order to ensure efficiency of control and compliance with measures adopted within the Agreement including the strengthening of control on transhipment operations based on the FAO Voluntary Guidelines for Transhipment; (f) measures to minimise the negative impact of fishing activities on marine biodiversity and marine ecosystems and their habitats, including protective measures for vulnerable marine ecosystems in the Agreement Area in line with the Agreement and the FAO International Guidelines for the Management of Deep-sea Fisheries in the High Seas, measures to avoid and reduce as far as possible unwanted catches, including in particular vulnerable marine species, and to gradually eliminate discards; (g) measures to reduce marine pollution and prevent the discharge of plastics at sea and reduce the impact on marine biodiversity and ecosystems of plastics present at sea, including measures to reduce the impact of Abandoned, Lost or Otherwise Discarded Fishing Gear in the ocean and to facilitate the identification and recovery of such gear taking into account the FAO Voluntary Guidelines on the Marking of Fishing Gear, and related measures decided under the IMO Action Plan against plastic litter; (h) measures aimed at the prohibition of fisheries conducted solely for the purpose of harvesting shark fins and requiring that all sharks are landed with each fin naturally attached; (i) recommendations, where appropriate and to the extent permitted under the relevant constituent documents, encouraging the implementation of the Work in Fishing Convention of the International Labour Organisation; (j) common approaches with other RFMOs, where appropriate, in particular those involved in fisheries management in the same region; (k) additional technical measures based on advice from the subsidiary bodies and working groups of the Agreement; (l) measures consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies.

Year-to-year specification of the Union’s position to be taken in the meetings of the Parties to the Agreement to prevent unregulated high seas fisheries in the Central Arctic Ocean

ANNEX IISupplementary provisions

ANNEX II Year-to-year specification of the Union’s position to be taken in the meetings of the Parties to the Agreement to prevent unregulated high seas fisheries in the Central Arctic Ocean Before each meeting of the Parties to the Agreement, when that body is called upon to adopt decisions having legal effects on the Union, the necessary steps shall be taken so that the position to be expressed on the Union’s behalf takes account of the latest scientific and other relevant information transmitted to the Commission, in accordance with the principles and orientations set out in Annex I. To this effect, and based on that information, the Commission shall transmit to the Council in sufficient time before each meeting of the Parties to the Agreement, a written document setting out the particulars of the proposed specification of the Union’s position for discussion and endorsement of the details of the position to be expressed on the Union’s behalf. If in the course of a meeting of the Parties to the Agreement it is impossible to reach an agreement, including on the spot, the matter shall be referred to the Council or its preparatory bodies in order for the Union’s position to take account of new elements.