# EUR-Lex - 52012PC0021 - EN

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# 52012PC0021

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks /* COM/2012/021 final - 2012/0013 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

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.

2.           RESULTS OF CONSULTATIONS 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.

3.           LEGAL ELEMENTS OF THE PROPOSAL

·
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.

4.           BUDGETARY IMPLICATION

This measure does not involve any
additional Union expenditure.

2012/0013 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Council Regulation (EC) No
1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and
the fisheries exploiting those stocks

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the
European Commission,

Having regard to the opinion of the
European Economic and Social Committee[1],

After transmission of the draft legislative
act to the national Parliaments,

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)
Council Regulation (EC) No 1342/2008 of 18
December 2008 establishing a long-term plan for cod stocks and the fisheries
exploiting those stocks and repealing Regulation (EC) No 423/2004[2] empowers the Council to monitor
and revise the maximum fishing mortality rates and associated spawning stock
biomass levels.

(2)
In accordance with Article 290 of the Treaty the
Commission may be empowered to supplement or amend certain non-essential
elements of a legislative act by means of delegated acts.

(3)
In order to amend or supplement non-essential
elements of the provisions of Regulation (EC) No 1342/2008, the power to adopt
acts in accordance with Article 290 of the Treaty should be delegated to the
Commission in respect of the following:

–
changes to the established values for the
maximum fishing mortality rates and associated spawning stock biomass levels,
when the target fishing mortality rate has been reached;

–
the rules concerning the adjustment of the
fishing effort where a group of vessels is excluded from or re-included in the
effort regime;

–
the rules concerning the method for calculating the
fishing capacity referred to in Article 14(3) and the adjustment of the maximum
capacity levels due to permanent cessation of fishing activities and capacity
transfers;

–
the rules concerning the calculation method for
adapting the maximum allowable fishing effort in relation to quota management;

– the rules concerning the calculation method for adapting the maximum
allowable fishing effort following transfer of effort across effort groups;

– changes to the composition of the geographical areas and gear
groupings established in Annex I.

(4)
It is of particular
importance that the Commission carry out appropriate consultations during its
preparatory work, including at expert level. The Commission should, when
preparing and drawing up delegated acts, ensure the simultaneous, timely and
appropriate transmission of relevant documents to the
European Parliament and the Council.

(5)
In accordance with Article 291of the Treaty, in
order to implement legally binding acts in uniform conditions, implementing
acts are to confer implementing powers on the Commission.

(6)
In order to ensure uniform conditions for the
implementation of Regulation (EC) No 1342/2008, implementing powers should be
conferred on the Commission in respect of detailed rules on the procedure and format
for transmitting the information required under this Regulation to the
Commission, and the format of the special fishing permit and of the list of
vessels holding such special permit. Those powers should be exercised in
accordance with Regulation (EU) No 182/2011 of the European Parliament and of the
Council of 16 February 2011 laying down the rules and general principles
concerning mechanisms for control by Member States of the Commission’s exercise
of implementing powers[3].

(7)
The decision-making procedure set out in Article
30 should be clarified following the entry into force of the Treaty on the
Functioning of the European Union.

(8)
Regulation (EC) No 1342/2008
should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1342/2008 is amended as
follows:

(1)
Article 10(1) is replaced by the following:

‘1. The Commission shall be empowered to adopt
delegated acts in accordance with Article 31a concerning the changes to the
values for the levels set out in Articles 5(2), 6 and 7(2), when the target
fishing mortality rate in Article 5(2) has been reached or where scientific data
indicate that this target, or the minimum and precautionary spawning biomass
levels established in Article 6, or the levels of fishing mortality rates given
in Article 7(2), are no longer appropriate in order to maintain a low risk of
stock depletion and a maximum sustainable yield.’

(2)
Article 11 is amended as follows:

(a)
Paragraph 3 is replaced by the following:

‘3.      Member States shall provide annually
appropriate information to the Commission to establish that the above
conditions are and remain fulfilled.’

(b)
The following paragraphs 4 and 5 are added:

‘4.      The Commission shall be empowered to
adopt delegated acts in accordance with Article 31a to lay down rules
concerning the adjustment of the fishing effort where a group of vessels is
excluded from or re-included in the effort regime pursuant to Article 11(2) and
where a vessel no longer complies with the requirements specified in the
decision on exclusion.

5. Detailed rules on the procedure and format
for transmitting to the Commission the information referred to in paragraph
11(3) may be adopted by the Commission by way of implementing acts in
accordance with the procedure referred to in Article 32(2).’

(3)
In Article 14 the following paragraph 5 is added:

‘5. Member States shall keep the Commission
informed of the basis for calculating the maximum fishing capacity referred to
in paragraph 3 and of any adjustments due to permanent cessation of fishing
activities and capacity transfers pursuant to Article 16(3).’

(4)
The following Article14a is inserted:

‘Article 14a

Commission’s powers

1. The Commission shall be empowered to adopt
delegated acts in accordance with Article 31a in order to specify the rules
concerning the method for calculating the fishing capacity referred to in Article
14(3) and adjusting the maximum capacity levels due to permanent cessation of
fishing activities and capacity transfers pursuant to Article 16(3).

2. The Commission may adopt, by way of
implementing acts in accordance with the procedure referred to in Article 32(2),
detailed rules on the following:

(a) the format of the special fishing permit referred
to in Article 14(2) and the procedures whereby the Member States make available
the list of vessels holding that special permit as referred to in Article 14(4);

(b) the procedure and format for transmitting
to the Commission the information referred to in Article 14(5).’

(5)
In Article 16 the following paragraphs 4, 5 and
6 are inserted:

‘4. Member States shall keep the Commission
informed of any adaptations of effort in accordance with this Article.

5. The Commission shall be empowered to adopt
delegated acts in accordance with Article 31a to lay down rules concerning the
calculation method enabling Member States to adapt the maximum allowable
fishing effort in relation to quota management.

6. Detailed rules on the procedure and format
for transmitting to the Commission the information referred to in paragraph 4
may be adopted by the Commission by way of implementing acts in accordance with
the procedure referred to in Article 32(2).’

(6)
In Article 17 the following paragraphs 6, 7 and
8 are inserted:

‘6. Member States shall keep the Commission
informed of any adaptations of effort in accordance with this Article.

7. The Commission shall be empowered to adopt
delegated acts in accordance with Article 31a to lay down rules concerning the
calculation method enabling Member States to adapt the maximum allowable
fishing effort following transfer of effort across effort groups.

8. Detailed rules on the procedure and format
for transmitting to the Commission the information referred to in paragraph 6
may be adopted by the Commission by way of implementing acts in accordance with
the procedure referred to in Article 32(2).’

(7)
Article 30 is replaced by the following:

‘Article 30

Decision-making procedure

Where this Regulation provides for decisions to
be taken by the Council, the Council shall act in accordance with the Treaty.’

(8)
In Article 31, the introductory phrase is
replaced by the following:

‘The Commission shall be empowered to adopt
delegated acts in accordance with Article 31a to amend Annex I to this
Regulation on the basis of the following principles:’

(9)
The following Article 31a is inserted:

‘Article 31a

Exercise of the delegation

1. The power to adopt delegated acts is
conferred on the Commission subject to the conditions laid down in this
Article.

2. The delegation of power referred to in
Articles 10(1), 11(4), 14(a)(1), 16(5), 17(7) and 31 shall be conferred for an
indeterminate period of time.

3. The delegation of powers referred to in
Articles 10(1), 11(4), 14(a)(1), 16(5), 17(7) and 31 may be revoked at any time
by the European Parliament or by the Council. A decision of revocation shall
put an end to the delegation of the power specified in that decision. It shall
take effect the day following the publication of the decision in the Official
Journal of the European Union or at a later date specified therein. It
shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the
Commission shall notify it simultaneously to the European Parliament and to the
Council.

5. A delegated act adopted pursuant to in
Articles 10(1), 11(4), 14(a)(1), 16(5), 17(7) and 31 shall enter into force
only if no objection has been expressed either by the European Parliament or
the Council within a period of 2 months of notification of that act to the
European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed
the Commission that they will not object. That period
shall be extended by 2 months at the initiative of the European Parliament or
the Council.’

(10)
Article 32 is replaced by the following:

‘Article 32

Committee procedure

1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 30 of
Regulation (EC) No 2371/2002. That Committee shall be a
committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article
5 of Regulation (EU) No 182/2011 shall apply.’

Article 2

This Regulation shall enter into force on
the 20th day following that of its publication in the Official Journal of
the European Union.

This
Regulation shall be binding in its entirety and directly applicable in all
Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

[1]

[2]               OJ L 348, 24.12.2008, p. 20.

[3]               OJ L 55, 28.2.2011, p. 13.