Explanatory Memorandum to COM(2024)183 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)183 - . |
|---|---|
| source | COM(2024)183 |
| date | 30-04-2024 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The purpose of this proposal is to implement into EU law the fisheries conservation and management measures adopted in 2021 and 2022 by the General Fisheries Commission for the Mediterranean (GFCM), to which the European Union (EU) has been a contracting party since 1998. The first implementation of GFCM measures was done through Regulation (EU) 1343/20111, which was amended by Regulation (EU) 2015/21022 and Regulation (EU) 2019/9823. Because Regulation (EU) 1343/2011 has been substantially amended several times and further amendments are to be made, it was recast in the interest of clarity, simplification and legal certainty in 2023, through Regulation (EU) 2023/21244. The current proposal will insert further amendments into Regulation (EU) 2023/2124. These further amendments transpose additional GFCM measures.
The GFCM is the regional fisheries management organisation responsible for managing the fishery resources in the Mediterranean and Black Sea. Its main objectives are to promote: (i) the development, conservation, rational management, and best utilisation of living marine resources in the Mediterranean and Black Sea; and (ii) the sustainable development of aquaculture in the Mediterranean, Black Sea. The EU and 10 of its Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain, and Romania) are contracting parties to the GFCM Agreement.
The GFCM has the authority to adopt compulsory decisions (‘recommendations’) for fisheries conservation and management in its area of competence. These acts are addressed to the GFCM Contracting Parties, but may also contain obligations for operators (e.g. the vessel master). The GFCM recommendations become binding within 120 days after the date of first notification, if no objections are lodged. It is incumbent on the EU to ensure compliance with these measures as international obligations as soon as they enter into force.
Importantly, this proposal provides for delegated powers granted to the Commission under Article 290 of the Treaty on the Functioning of the European Union (TFEU), to ensure that the Union continues to fulfil its obligations under the GFCM Agreement.
• Consistency with existing policy provisions in the policy area
To the extent to which the GFCM decisions adopted in 2021 and 2022 are not already covered by existing EU law, the implementation of such decisions into the EU legal system is necessary to ensure that they will be uniformly and effectively applied throughout the EU.
Importantly, this proposal considers Regulation (EU) 2019/12415. It pursues the objectives set out in the reformed common fisheries policy6 and will be applied /without prejudice to Regulation (EC) No 1967/20067.
• Consistency with other Union policies
Not applicable.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
This proposal is based on Article 43(2) TFEU, as it sets out provisions necessary for the pursuit of the objectives of the reformed common fisheries policy.
• Subsidiarity (for non-exclusive competence)
This proposal falls under the exclusive competence of the Union (Article 3(1)(d) TFEU). Therefore, the subsidiarity principle does not apply.
• Proportionality
This proposal will ensure that Union law is in line with international obligations adopted at the GFCM, to which the Union is a contracting party. The proposal implements without exceeding what is necessary to achieve the objective pursued.
• Choice of the instrument
The instrument chosen is a Regulation of the European Parliament and of the Council amending an existing Regulation. This choice of instrument takes into account the objectives of the reformed common fisheries policy, as well as the other international obligations undertaken by the EU.
This proposal marks the fifth implementation of GFCM recommendations into EU law.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Not applicable.
• Stakeholder consultations
The purpose of this proposal is to implement existing GFCM measures which are binding upon the Contracting Parties. National experts and industry representatives from EU Member States were consulted both during the run-up to - and throughout - negotiations at the 44th and 45th GFCM Annual Session. Consequently, it was not considered necessary to hold a stakeholder consultation on this regulation.
• Collection and use of expertise
Not applicable.
• Impact assessment
Measures adopted by the GFCM are based on the advice provided by its Scientific Advisory Committee. Further impact assessment will not be carried out, as no new policy, going further than the GFCM measures, will be laid down and no new significant impacts are expected from the implementation.
• Regulatory fitness and simplification
This proposal is not linked to REFIT.
• Fundamental rights
This proposal has no consequences for the protection of the fundamental rights of European citizens.
4. BUDGETARY IMPLICATIONS
Not applicable.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Not applicable.
• Explanatory documents (for directives)
Not applicable.
• Detailed explanation of the specific provisions of the proposal
This proposal will address issues related to: (i) the sustainable conservation and management of fisheries; and (ii) the impact of fishing activities on certain marine species in the Mediterranean and Black Sea areas.
In addition, this proposal contains technical measures for: (i) the sustainable exploitation of european eel and, red coral in the GFCM Agreement area; (ii), the mitigation of incidental captures of seabirds, sea turtles and cetaceans in the GFCM Agreement area; and (iii) the conservation of monk seals, sharks and rays in the GFCM Agreement area. The proposal also: (i) implements in Union law certain measures for fisheries for small pelagic stocks in the Adriatic Sea; (ii) introduces new provisions on spart and piked dogfish in the Black Sea; and (iii) introduces two new chapters on transhipments and recreational fisheries in the GFCM area.