Explanatory Memorandum to COM(2012)21 - Amendment of Council Regulation 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)21 - Amendment of Council Regulation 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those ... |
|---|---|
| source | COM(2012)21  |
| date | 31-01-2012 |
The Treaty on the Functioning of the European Union (TFEU) makes a distinction between powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, as laid down in Article 290(1) TFEU (delegated acts), and powers conferred on the Commission to adopt uniform conditions for implementing legally binding Union acts, as laid down in Article 291(2) TFEU (implementing acts).
The objective of this proposal is to bring Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (‘the cod plan’) into line with the new rules of the TFEU. The powers currently conferred on the Commission by that Regulation have been re-classified into measures of a delegated nature and measures of an implementing nature.
The core objective of the plan is to ensure the sustainable exploitation of cod stocks in the geographical areas of the Kattegat, the North Sea, the West of Scotland and the Irish Sea on the basis of maximum sustainable yield (Article 5(1)). To attain that objective, the plan lays down rules for establishing the annual fishing opportunities for this stock in terms of total allowable catch and maximum allowable fishing effort. Such rules use certain technical parameters by reference to which the stock can be considered to be in a better or worse conservation status, therefore closer to or further away from the plan’s objective. These parameters are science-based; they are not a policy choice. Science may evolve and improve, and the plan needs to contain the necessary provisions to ensure it is kept up to date with the best science available.
Thus, Article 10(1) of the Regulation stipulates that if it appears in the light of scientific advice that the fishing mortality rates and associated spawning stock biomass levels used for the purposes of the plan are no longer appropriate, the Council must revise such parameters so as to ensure that the plan can attain its management objectives. The Regulation in force therefore confers the power to amend these non-essential elements of the plan on the Council. Such a decision-making procedure is no longer possible under the TFEU.
Similarly, the Commission should be empowered also to adopt delegated acts to amend other non-essential elements of Regulation (EC) No 1342/2008, such as certain technical parameters of Annex I, when the need arises and provided that the strict conditions laid down by that Regulation are fulfilled.
Delegated powers should also be given for setting rules on the adjustment of the fishing effort where a group of vessels is excluded from or re-included in the effort regime; on the method for calculating fishing capacity; on the calculation method for adapting the maximum allowable fishing effort; and on changes to the composition of the geographical areas and gear groupings.
Implementing powers should be given to the Commission to establish the procedure and format for transmitting information to the Commission, and the format of the special fishing permit and of the list of vessels holding a special permit.
In addition, the decision-making procedure set out in Article 30 should be clarified following the entry into force of the TFEU.
The proposed amendments are therefore changes that will enable the plan to work efficiently within the new decision-making framework set up by the Lisbon Treaty.
In line with the above a draft proposal for amending Regulation (EC) No 1342/2008 has been prepared and the Commission is asked to adopt this proposal as soon as possible, and to forward it to the Council and the European Parliament.
WITH INTERESTED PARTIES AND IMPACT ASSESSMENTS
There was no need for interested parties to be consulted or for an impact assessment to be carried out.
· Summary of the proposed action
The main thrust of the action is to identify the powers conferred on the Commission by Council Regulation (EC) No 1342/2008 and to classify them as delegated or implementing powers.
· Legal basis
Article 43(2) of the Treaty on the Functioning of the European Union.
· Subsidiarity principle
The proposal falls under the exclusive competence of the European Union.
· Proportionality principle
The proposal amends measures that already exist in Council Regulation (EC) No 1342/2008, so the question of the proportionality principle does not arise.
· Choice of instrument
Proposed instrument: a Regulation of the European Parliament and of the Council.
Other means would not be appropriate for the following reason: a Regulation must be amended by a Regulation.
This measure does not involve any additional Union expenditure.