Explanatory Memorandum to COM(2011)799 - Fixing for 2012 of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Black Sea - Main contents
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| dossier | COM(2011)799 - Fixing for 2012 of the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Black Sea. |
|---|---|
| source | COM(2011)799  |
| date | 25-11-2011 |
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- Grounds for and objectives of the proposal
In accordance with Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy, the CFP seeks to ensure that living aquatic resources are exploited under sustainable economic, environmental and social conditions. One important tool in this respect is the annual fixing of fisheries opportunities in the form of total allowable catches (TACs), quotas and fishing effort limits.
The objective of this proposal is to fix, for the commercially most important fish stocks in the Black Sea, the fishing opportunities for Member States for 2012.20
- General context
The Communication from the Commission on the consultation on fishing opportunities for 2012 (COM(2011)298final), outlines the background to the proposal.
The scientific advice on fishing opportunities in the Black Sea in 2012 will be delivered by the Scientific, Technical and Economic Committee for Fisheries (STECF) in November 2011.
The proposal contains one section of importance for the management of the Black Sea fisheries in 2012 which fixes the TACs and quotas.
- 130 Existing provisions in the area of the proposal
Fishing opportunities and the way they are allocated to Member States are regulated annually. The latest is Council Regulation (EU) No 1256/2010 of 17 December 2010 fixing the fishing opportunities for certain fish stocks applicable in the Black Sea for 2011.
- Consistency with other policies and objectives of the EU
The proposed measures are in accordance with the objectives and rules of the Common Fisheries Policy and are consistent with the Union’s policy on sustainable development.
CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
- Collection and use of expertise
Main organisations/experts consulted
The scientific organisation consulted is the Scientific, Technical and Economic Committee for Fisheries (STECF).
The Community asks STECF each year for scientific advice on the state of important fish stocks. The advice is expected to cover all Black stocks for which TACs are proposed.
- Consultation of interested parties
Interested parties were consulted via the Communication from the Commission on the Consultation on fishing opportunities for 2012. The scientific basis for the proposal will be provided by STECF.
- Impact assessment
Pending the scientific advice, the proposed measures might, if implemented, result in a change in fishing opportunities in terms of catch volumes for EU vessels in the Black Sea.
The proposal reflects not only short-term concerns but is also part of a longer- term approach whereby the level of fishing is gradually adapted to long-term sustainable levels.
The approach taken in the proposal might therefore, in the medium to long term, result in reduced fishing effort but stable or increasing quotas in the long-term. The long-term consequences of the approach are expected to be a reduced impact on the environment as a consequence of the adaptation in fishing effort and unchanged or increased landings. The sustainability of fishing activities will increase in the long-term.
- Summary of the proposed action
The proposal establishes the catch and effort limitations applicable to EU fisheries and to international fisheries where EU vessels participate, in order to achieve the objective of the Common Fisheries Policy of ensuring fisheries at levels that are biologically, economically and socially sustainable.
- Legal basis
Article 43 i of the Treaty on the Functioning of the European Union.
- Subsidiarity principle
The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of the Treaty on the Functioning of the European Union. The subsidiarity principle therefore does not apply.
- Proportionality principle
The proposal complies with the proportionality principle for the following reason.
The Common Fisheries Policy is a common policy. According to Article 43 i TFEU it is incumbent upon the Council to adopt the measures on the fixing and allocation of fishing opportunities.
The Council Regulation in question allocates fishing opportunities to Member States. Having regard to Article 20 i of Regulation 2371/2002 Member States are free to allocate such opportunities among regions or operators as they see fit. Therefore, Member States have ample room for manoeuvre on decisions related to the social/economic model of their choice to exploit their allocated fishing opportunities.
The proposal has no new financial implications for Member States. This Regulation is adopted by Council every year, and the public and private means to implement it are already in place.
- Choice of instruments
Proposed instruments: Regulation.
This is a proposal for fisheries management on the basis of Article 43 i TFEU and in accordance with Article 20 of Council Regulation (EC) No 2371/2002.
The proposal has no implications for the EU budget.
ADDITIONAL INFORMATION
- Simplification
The proposal provides for simplification of administrative procedures for public authorities (EU or national), in particular as regards requirements regarding the effort management.
- Review/revision/sunset clause
The proposal concerns an annual Regulation for the year 2012 and therefore does not include a revision clause.
The proposal fixes for 2012 the fishing opportunities for certain stocks or groups of stocks for Member States fishing in the Black Sea.
The proposed figures reflect the scientific advice and the framework for setting the TACs and quotas outlined in the Communication from the Commission on the Consultation on fishing opportunities for 2012.
Given the Commission's intention to ensure the sustainable use of fishery resources in line with the Union's policy and international commitments while maintaining stable fishing opportunities, annual variations in TACs and quotas are limited as far as practicable taking account of the status of a given stock.
The TACs and quotas allocated to Member States are given in Annex I.