Explanatory Memorandum to COM(2006)587 - Amendment of Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy - Main contents
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| dossier | COM(2006)587 - Amendment of Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the ... |
|---|---|
| source | COM(2006)587  |
| date | 13-10-2006 |
Grounds for and objectives of the proposal The amendment to the basic regulation of the Common Fisheries Policy, (Council Regulation 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy Council) results from the political agreement reached by the Council at the time of the adoption of the European Fisheries Fund. It aims at permitting some adaptations of the fleet to improve safety, working conditions hygiene and product quality and to improve energy efficiency.
General context In the framework of the political agreement reached for the adoption of the European Fisheries Fund for the period 2007-2013, the Council decided to modify the provisions applying to the management of fishing fleet capacity.
Existing provisions in the area of the proposal Council Regulation (EC) N° 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
Consistency with the other policies and objectives of the Union Not applicable.
CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
Consultation of interested parties
This amendment is the result of a political decision adopted by the Council. Consultation with the interested parties took place during the process of adoption of the European Fisheries Fund regulation.
Collection and use of expertise
There was no need for external expertise.
Impact assessment No impact assessment was carried out. This proposal does not entail any choice, including the choice not to act, since it is the result of a political decision adopted by the Council.
Summary of the proposed action It is proposed to amend the provisions applying to fleet capacity management which are included in Chapter III of Regulation 2371/2002, and in particular Article 11 on the adjustment of fishing capacity and Article 13 on the entry-exit scheme and overall capacity reduction. The amendments concern, a) The possibility to allocate to new or existing vessels, 4% of the tonnage scrapped with public aid for the purpose of improving safety, hygiene, working conditions and product quality on board. b) In order to keep with the existing policy on capacity reduction, the provision that the reduction in power linked to the replacement of the engine with public aid cannot be re-built.
Legal basis Article 37 of the Treaty establishing the European Community
Subsidiarity principle The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply.
Proportionality principle The proposal complies with the proportionality principle for the following reasons.
This proposal does not go beyond what is strictly necessary to implement the political decisions taken by the Council and the Commission. It leaves Member States the management of fleet capacity on a vessel per vessel basis.
This amendment to fleet management provisions does not add administrative or financial burden in relation the old provisions; the application of the new rules for fleet management accomplished with the same human and financial resources that were allocated to the management of the old provisions.
Choice of instruments
Proposed instruments: Council regulation on the basis of Article 37 of the Treaty.
Other means would not be adequate for the following reason(s). It is an amendment to a Council regulation not foreseen by any other instrument.
The proposal has no implication for the Community budget.
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