Council Decision

of 26 April 2004

on the accession of the Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean

(2005/75/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with the first sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament [1],

Whereas:

(1) The Community is competent to adopt measures for the conservation and management of fishery resources and to enter into agreements with other countries and international organisations.

(2) The Community is a Contracting Party to the United Nations Convention on the Law of the Sea, which requires all members of the international community to cooperate in conserving and managing the sea's biological resources.

(3) The Community has signed the 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 [2] (The 1995 UN Fish Stocks Agreement).

(4) The Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean was open for signature at the seventh session of the Multilateral High Level Conference held in Honolulu, on 5 September 2000.

(5) This Convention is open to accession to the Community in accordance with the provisions of Article 35 thereof.

(6) This Convention seeks to ensure, through effective management, the long-term conservation and sustainable use of highly migratory fish stocks in the western and central Pacific Ocean in accordance with the United Nations Convention on the Law of the Sea and the 1995 UN Fish Stocks Agreement.

(7) Community fishermen operate in the Convention Area. It is thus in the Community's interest to become a full member of the regional fisheries organisation to be set up under this Convention in compliance with its obligations under the international Law of the Sea. The Community should therefore accede to this Convention,

HAS DECIDED AS FOLLOWS:

Article 1

The accession of the European Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean is hereby approved.

The text of the Convention is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of accession with the Government of New Zealand in accordance with Article 35 of this Convention.

Done at Luxembourg, 26 April 2004.

For the Council

The President

J. Walsh

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[1] Assent delivered on 1 April 2004 (not yet published in the Official Journal).

[2] OJ L 189, 3.7.1998, p. 16.