Explanatory Memorandum to COM(2012)277 - Amendment of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)277 - Amendment of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources. |
|---|---|
| source | COM(2012)277  |
| date | 07-06-2012 |
Article 17(2), first subparagraph, of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy[1] establishes a derogation for the 12 nautical mile zone of Member States (territorial waters) from the general equal access rule for Union fishing vessels to Union waters and resources set out in Article 17(1) of that Regulation, authorizing Member States to restrict access to certain vessels in that zone. The access restrictions put in place by Member States on the basis of that derogation have reduced fishing pressure in the most biologically sensitive areas and have contributed to economic stability for small scale, coastal activities.
The derogation is in place from 1 January 2003 to 31 December 2012. The continuation of the 12 nautical mile access regime is foreseen in Article 6(2) of the proposal for a new Regulation for the Common Fisheries Policy[2]. In the event that the reform of the CFP is not concluded by the end of 2012, it is necessary to extend the validity of the 12 nautical mile access regime with a time limit until the entry into force of the new Regulation of the European Parliament and of the Council on the Common Fisheries Policy, to ensure that fishing activities can continue without interruption from 1 January 2013.
In accordance with Article 17(2), second subparagraph, of Regulation (EC) No 2371/2002, the Commission presented a report to the European Parliament and the Council on the arrangements concerning the access to resources within the 12 nautical mile zones of Member States[3]. It is noted in the report that the access regime is very stable and has continued to operate satisfactorily since 2002.
Contents
The proposal concerns the time limited extension of the validity of an existing access regime, currently set out in Article 17(2) of Regulation (EC) No 2371/2002. The extension of the access regime, until 31 December 2022, is included in Article 6(2) of the proposal for a new Regulation on the Common Fisheries Policy, which was covered by IA SEC(2011)891. There was therefore no need for consultation of interested parties or for a new impact assessment.
· Summary of the proposed action
The main action is to avoid a discontinuation of the specific access regime set out in Article 17(2) of Regulation (EC) No 2371/2002, in the event that the proposal for a Regulation of the European Parliament and of the Council on the Common Fisheries Policy has not been adopted and entered into force by 31 December 2012.
· Legal basis
Article 43(2) of the Treaty on the Functioning of the European Union.
· Subsidiarity principle
The proposal falls under exclusive competence of the Union.
· Proportionality principle
This proposal includes the time limited extension of the validity of a measure which already exists in Regulation (EC) No 2371/2002, therefore no concern on the proportionality principle arises.
· Choice of instrument
Proposed instrument: Regulation of the European Parliament and of the Council.
Other means would not be adequate for the following reason: a Regulation must be amended by a Regulation.
This measure does not involve any additional Union expenditure.