Legal provisions of COM(2003)607 - Regional Advisory Councils under the Common Fisheries Policy - Main contents
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| dossier | COM(2003)607 - Regional Advisory Councils under the Common Fisheries Policy. |
|---|---|
| document | COM(2003)607  |
| date | July 19, 2004 |
| 3.8.2004 | EN | Official Journal of the European Union | L 256/17 |
COUNCIL DECISION
of 19 July 2004
establishing Regional Advisory Councils under the Common Fisheries Policy
(2004/585/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal of the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the European Economic and Social Committee (2),
Whereas:
| (1) | Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (3) and in particular Articles 31 and 32 thereof, provides for new forms of participation by stakeholders in the Common Fisheries Policy through the establishment of Regional Advisory Councils. |
| (2) | A consistent approach to the establishment of Regional Advisory Councils requires that they correspond to management units based on biological criteria and that they are limited in number in order to offer meaningful advice and for practical reasons. |
| (3) | Since Regional Advisory Councils are stakeholder-led organisations, they should adapt their structure to the specific characteristics of the fisheries and regions concerned. Nevertheless, a general framework is necessary for the establishment of the Regional Advisory Councils. |
| (4) | In the interests of efficiency, it is necessary to limit the size of Regional Advisory Councils whilst ensuring that they include all the interests affected by the Common Fisheries Policy and while recognising the primacy of fishing interests given the effects on them of management decisions and policies. |
| (5) | In order to ensure consistency on issues of common interest to more than one Regional Advisory Council, it is essential to establish links between the different Regional Advisory Councils. |
| (6) | In view of the tasks of the Advisory Committee on Fisheries and Aquaculture renewed by Commission Decision 1999/478/EC (4), which is composed of representatives of a wide range of European organisations and interests, the work of the Regional Advisory Councils should be coordinated with that of the said Committee, to which they should also send their reports. |
| (7) | In order to ensure the effective establishment of the Regional Advisory Councils, it is essential that public funds contribute to their costs in the start-up phase and to interpretation and translation costs. |
| (8) | A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (5), is included in this Decision for the entire duration of the financing provisions, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty, |
HAS DECIDED AS FOLLOWS:
Contents
- Article 1 - Definitions
- Article 2 - Establishment of Regional Advisory Councils
- Article 3 - Procedure
- Article 4 - Structure
- Article 5 - Membership
- Article 6 - Participation by non-members
- Article 7 - Functioning
- Article 8 - Coordination between Regional Advisory Councils
- Article 9 - Financing
- Article 10 - Annual report and audit
- Article 11 - Review
- Article 12 - Entry into force
Article 1 - Definitions
| 1. | ‘Member State concerned’ shall mean a Member State having a fishing interest in the area or fisheries covered by a Regional Advisory Council; |
| 2. | ‘Fisheries sector’ shall mean the catching sub-sector, including shipowners, small-scale fishermen, employed fishermen, producer organisations as well as, amongst others, processors, traders and other market organisations and women's networks; |
| 3. | ‘Other interest groups’ shall mean, amongst others, environmental organisations and groups, aquaculture producers, consumers and recreational or sport fishermen. |
Article 2 - Establishment of Regional Advisory Councils
| (a) | the Baltic Sea; |
| (b) | the Mediterranean Sea; |
| (c) | the North Sea; |
| (d) | north-western waters; |
| (e) | south-western waters; |
| (f) | pelagic stocks; |
| (g) | high seas/long distance fleet. |
2. The geographical areas covered by each Regional Advisory Council are set out in Annex I. Each Regional Advisory Council may create subdivisions to deal with issues that cover specific fisheries and biological regions.
Article 3 - Procedure
| (a) | a statement of objectives; |
| (b) | operating principles; |
| (c) | initial rules of procedure; |
| (d) | the budget estimate; |
| (e) | a provisional list of organisations. |
2. The Member States concerned shall determine whether the application is representative and in accordance with the provisions laid down in this Decision, if necessary following discussions with stakeholder interests, and shall, by common agreement, transmit a recommendation to the Commission on that Regional Advisory Council.
3. After evaluation of the recommendation and possible amendments to the request, the Commission shall adopt a decision as soon as possible and in any event shall aim to adopt it at the latest within three months, specifying the date from which the Regional Advisory Council shall become operational. The decision shall be published in the Official Journal of the European Union.
Article 4 - Structure
2. The general assembly shall meet at least once a year to approve the annual report and the annual strategic plan drawn up by the executive committee.
3. The general assembly shall appoint an executive committee of up to 24 members. The executive committee shall manage the work of the Regional Advisory Council and adopt its recommendations.
Article 5 - Membership
2. European and national organisations representing the fisheries sector and other interest groups may propose members to the Member States concerned. These Member States shall agree on the members of the general assembly.
3. In the general assembly and executive committee, two thirds of the seats shall be allotted to representatives of the fisheries sector and one third to representatives of the other interest groups affected by the Common Fisheries Policy.
4. At least one representative of the catching subsector from each Member State concerned shall be represented in the executive committee.
Article 6 - Participation by non-members
2. The Commission and national and regional administrations of the Member States concerned shall have the right to participate at any meeting of a Regional Advisory Council as active observers.
3. A representative of the Advisory Committee on Fisheries and Aquaculture shall have the right to participate at any meeting of a Regional Advisory Council as an active observer.
4. Representatives of the fisheries sector and other interest groups from third countries, including representatives from Regional Fisheries Organisations, that have a fishing interest in the area or fisheries covered by a Regional Advisory Council may be invited to participate in that Regional Advisory Council as active observers when issues which affect them are discussed.
5. The meetings of the general assembly shall be open to the public. The meetings of the executive committee shall be open to the public unless, in exceptional cases, decided otherwise by a majority of the executive committee.
Article 7 - Functioning
2. Regional Advisory Councils shall adopt the necessary measures to ensure transparency in all stages of their decision-making process. Recommendations adopted by the executive committee shall be made available immediately to the general assembly, the Commission, Member States concerned and, upon request, to any member of the public.
3. The members of the executive committee shall, where possible, adopt recommendations by consensus. If no consensus can be reached, dissenting opinions expressed by members shall be recorded in the recommendations adopted by the majority of the members present and voting. Upon receipt in writing of the recommendations, the Commission and, where relevant, the Member States concerned shall reply precisely to them within a reasonable time period and, at the latest, within three months.
4. Each Regional Advisory Council shall designate a chairperson by consensus. The chairperson shall act impartially.
5. The Member States concerned shall provide the appropriate support, including logistical help, to facilitate the functioning of a Regional Advisory Council.
Article 8 - Coordination between Regional Advisory Councils
Article 9 - Financing
2. Community start-up aid may be granted for the operating expenditure of a Regional Advisory Council during its first five years in accordance with the conditions set out in Annex II, Part 1.
3. Community aid may be granted for the interpretation and translation costs of the meetings of the Regional Advisory Councils as set out in Annex II Part 2.
4. The financial reference amount for the implementation of this action for the period 2004 to 2011 shall be EUR 7 596 000. For the period following 31 December 2006, the amount shall be deemed to be confirmed if it is consistent for this phase with the financial perspectives in force for the period commencing in 2007. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
Article 10 - Annual report and audit
2. The Commission or the Court of Auditors may, at any time, arrange for an audit to be carried out either by an outside body of its choice or by the Commission or the Court of Auditors departments themselves.
3. Each Regional Advisory Council shall appoint a certified auditor for the period during which it benefits from Community funds.