Explanatory Memorandum to COM(2007)196 - Establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy - Main contents
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| dossier | COM(2007)196 - Establishment of a Community framework for the collection, management and use of data in the fisheries sector and support ... |
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| source | COM(2007)196  |
| date | 18-04-2007 |
Grounds for and objectives of the proposalsThe goal of the Commission's proposal for a new Council Regulation on data collection in the fisheries sector is to develop long-term, well-integrated regional sampling programmes covering biological, economic, environmental and social data. The revised data collection regulation is intended to meet new demands generated by the need to move towards fisheries management (i.e. fleet- and area-based management, rather than fish stock-based) and towards the ecosystem approach to fisheries management. A significant innovation in the proposal is the inclusion of collection of environmental data with the primary purpose of monitoring the impact of fishing activity on the marine ecosystem.The new data collection system will cover all the process, from the collection of the data in ports or at sea to its use by the end-users (mainly the scientific community and advisory bodies).Quality control and validation of the data collected is of particular importance. The Commission considers that the Community financial contribution should be made conditional on quality control and compliance with agreed quality standards. Consequently, the Commission has introduced a financial penalty related to non-compliance and poor quality of national programmes.The improvement of access to data and its use has been also considered of high importance including access to additional sets of data such as Vessel Monitoring Satellite (VMS) data. New rules have been defined to this end, as well as rules on the use of data to protect the interests of the data providers.The simplification of the procedures are an important goal as National programmes will henceforward be established for a 3-year period; however the possibility should be given to the Member States to include amendments when necessary (to take account of increased international coordination, for example). Multi-annual planning periods will reduce the administrative burden for all parties concerned.
General contextThe systematic collection of reliable basic data on fisheries is a cornerstone of fish stock assessment and scientific advice, and consequently of critical importance for the implementation of the common fisheries policy (CFP).The Commission has carried out a review of the current system of the data collection framework following several years of its implementation. A number of shortcomings were identified which need to be addressed urgently in order to provide the scientific community and fisheries managers with the data they need to take more effective management decisions.
Existing provisions in the area of the proposalCouncil Regulation 1543/2000 establishing the current Community framework for the collection and management of the data needed to conduct the CFP. This Regulation created a first framework designed to consolidate and strengthen data collection activities in the Member States.
Consistency with other policies and objectives of the UnionThe proposal relates closely to the environmental aspects of fishing activities. It provides the basic input necessary in order to apply the ecosystem approach in fisheries management.The proposal also takes into consideration the need to simplify the current legislation.Moreover, the Green Paper 'Towards a future maritime policy for the Union: An European vision for the oceans and the seas' acknowledges the crucial importance for implementing an EU Marine Strategy of collecting and managing reliable data and information on marine activities, as well as their impact on the resource base. It also addresses existing problems of harmonisation and reliability of the data collected as well as gaps in monitoring within EU regions. An improved framework for the collection and management of data will represent a step in this direction.
Consultation of interested parties and impact assessment
Consultation of interested parties
Consultation methods, main sectors targeted and general profile of respondentsFirst dialogue meeting with national data collection correspondents and directors of fisheries research institutes and representatives of the scientific advisory bodies (ICES, STECF) in Brussels, February 24th. The basic ideas of the proposed changes to the current system were presented and thoroughly discussed.Second dialogue meeting with national data collection correspondents and directors of fisheries research institutes (Brussels, July 14th). A draft of Commission's proposal was presented and discussed.
Summary of responses and how they have been taken into accountMember States representatives and scientists generally were in favour of the proposal. Points of concern included penalties for non-compliance, rules for access to data and definition of surveys.Remarks and comments were considered and most were incorporated into the proposal.
Collection and use of expertise
There was no need for external expertise.
Impact assessmentThis proposal concerns the adaptation of existing Community legislation in order to make it less burdensome and more effective.For these reasons an impact assessment was not considered necessary.
Summary of the proposed actionTo substantially revise the current legal framework for the collection of basic fisheries data and use for scientific advice.
Legal basisArticle 37 of the Treaty.
Subsidiarity principleThe proposal falls under the exclusive competence of the Community. The subsidiary principle therefore does not apply. Proportionality principleThe proposal complies with the proportionality principle for the following reason(s).Common sets of data at EU regional level and common standards for data collection are needed in order to manage a common fisheries resource.Nevertheless the regulation is designed to reduce both the administrative burden of the systems and its cost to the Member States, in particular through: - multi-annual programmes (no more yearly approval procedures) - a requirement for regional co-ordination between Member States in order to improve cost-effectiveness.
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Choice of instruments
Proposed instruments: regulation.Other means would not be adequate for the following reasons:The need to keep in place and improve an existing framework for harmonised data collection.
Member States may apply for Community financial assistance for the collection, management, transmission and use of data for the scientific advice. The average annual budget for data collection and scientific advice is 58 M€ for the period 2007-2013. See attached financial statement.
Additional information
Simplification
The proposal provides for simplification of administrative procedures for public authorities (EU or national). - national programmes will be established for 3-year periods instead of annual submissions - simplify EU national programmes with only one core, mandatory programme (no more extended optional programme) - regional co-ordination for certain data to be collected.
Repeal of existing legislationThe adoption of the proposal will lead to the repeal of existing legislation.