Explanatory Memorandum to COM(2003)607 - Regional Advisory Councils under the Common Fisheries Policy

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With the aim of improving governance within the Common Fisheries Policy (CFP), Regional Advisory Councils have been provided for in the framework of the CFP reform, particularly in Articles 31 and 32 of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the CFP. Article 32 specifies that the Council will decide on the establishment of a Regional Advisory Council. Regional Advisory Councils offer the opportunity to respond to the demand of stakeholders to be more closely involved in the development of the CFP.

Article 31 of Council Regulation (EC) No 2371/2002 lays down certain principles which require further development if they are to provide a general framework that will serve as a basis for the establishment of Regional Advisory Councils by stakeholders. Even though stakeholders will be responsible for the operation of Regional Advisory Councils, it is necessary that they comply with this general framework in order to ensure a consistent and balanced approach amongst the Regional Advisory Councils.

The Decision focuses on the main aspects that should be clarified at Community level: the definition of the areas to be covered, the main structure of Regional Advisory Councils, their composition, functioning, appointment procedure and financing. On the basis of the criteria laid down in this Decision, stakeholders will submit a request for the establishment of a Regional Advisory Council to the Member States concerned by the Regional Advisory Council and to the Commission for verification and approval.

In order to offer meaningful advice to the Commission and the Member States, Regional Advisory Councils should be large enough to cover management units based on biological criteria. In line with this approach, Annex I to the Decision lists the Regional Advisory Councils that the Commission proposes to establish. Such an approach will ensure that all fisheries are covered by a Regional Advisory Council and also avoid an overlapping of fisheries between different Regional Advisory Councils. Organisational and financial constraints plead in favour of a limited number of Regional Advisory Councils. At the same time, the Regulation leaves open the possibility of creating subdivisions within a Regional Advisory Council to cover specific fisheries.

Regional Advisory Councils are also meant to enhance the dialogue between the different interests concerned with the CFP. Building mutual trust between scientists and fishermen would certainly contribute to improving the transparency of scientific advice. In defining the structure of the Regional Advisory Councils, it is necessary to find a balance between efficiency of discussions and inclusiveness of all parties with a real interest. The Commission proposes that the Regional Advisory Councils consist of a general assembly, which will appoint an executive committee, restricted in size but with a balanced representation of all interests affected by the CFP. Member States are best placed to appoint the representatives of the various interests that will be members of the general assembly. Participants in the Regional Advisory Councils will be considered as members, observers or experts. Another important point is that some meetings will be open to the public.

In order to avoid duplication of work with other existing consultative bodies such as the Advisory Committee on Fisheries and Aquaculture (ACFA), it is essential to establish appropriate links. Regional Advisory Councils should prepare an annual report that should be transmitted to the ACFA. The ACFA may also send a representative to meetings of the Regional Advisory Councils. At the same time, where there are issues of interest to more than one Regional Advisory Council, the coordination of the work of the Regional Advisory Councils concerned is envisaged with a view to adopting joint recommendations.

With regard to the financing of Regional Advisory Councils, the aim is that they become self-financing in the long-term. Nevertheless, in order to ensure the credibility of this new structure, Regional Advisory Councils must be granted sufficient public financing, particularly in the start-up phase.

Regional Advisory Councils should be considered an evolutionary structure that will develop over time on the basis of experience. The Commission proposes to carry out a review three years after their establishment and, if necessary, recommend improvements in their functioning.