# EUR-Lex - 52012PC0413 - EN

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# 52012PC0413

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel /* COM/2012/0413 final - 2012/0201 (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 the powers delegated to the
Commission to adopt non-legislative acts of general application to supplement
or amend certain non-essential elements of the legislative act as laid down in
Article 290(1) of the TFEU (delegated acts), and the powers conferred upon the
Commission to adopt uniform conditions for implementing legally binding Union
acts as laid down in Article 291(2) of the TFEU (implementing acts).

In relation to the adoption of Regulation
(EU) No 182/2011, the Commission made the following statement:

"The Commission will proceed to an
examination of all legislative acts in force which were not adapted to the regulatory
procedure with scrutiny before the entry into force of the Lisbon Treaty, in
order to assess if those instruments need to be adapted to the regime of
delegated acts introduced by Article 290 of the Treaty on the Functioning of
the European Union. The Commission will make the appropriate proposals as soon
as possible and no later than the dates mentioned in the indicative calendar
annexed to this declaration[1]."

In this context Regulation (EC) No 1100/2007
needs to be aligned with the new rules of the TFEU. Powers currently conferred
upon the Commission by that Regulation should be reclassified into delegated
and implementing powers.

The Commission should therefore be
empowered to adopt delegated acts to take measures to address a significant
decline of average market prices for eels used for restocking, as compared to
those of eels used for other purposes.

Likewise the Commission should be empowered
to adopt implementing acts concerning the approval of Eel Management Plans by
the Commission on the basis of technical and scientific data.

Article 9(3) provides for adoption by the
Council of alternative measures to achieve escapement target levels. The
current text therefore confers the power to amend this non-essential element of
the Regulation on the Council. Such decision making procedure is no longer
possible under the TFEU and that provision should be deleted.

Article 1(2) of the Regulation has become
obsolete as it was established by Commission Decision 2008/292/EC of 4 April
2008[2] that the Black Sea and the
river systems connected to it did not constitute a natural eel habitat for
European eel for the purposes of the Regulation. That provision should
therefore be deleted.

In addition, Article 3 of the Regulation
has become obsolete as Commission Decision 2009/310/EC of 2 April 2009[3] approved requests by Cyprus,
Malta, Austria, Romania and Slovakia to be exempted from the from the
obligation to prepare an Eel Management Plan. There are no pending requests for
exemption from that obligation. That provision should therefore be deleted.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

There was no need for consultation of
interested parties or for impact assessment.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

· Summary of the proposed action

The main legal action is to identify the
powers conferred upon the Commission in Council Regulation (EC) No 1100/2007
and to classify these 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 exclusive
competence of the European Union.

· Proportionality principle

The proposal amends measures which already
exist in Regulation (EC) No 1100/2007, 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.

4.           BUDGETARY IMPLICATION

This measure does not involve any
additional Union expenditure.

2012/0201 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Council Regulation (EC) No
1100/2007 establishing measures for the recovery of the stock of European eel

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,

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
1100/2007[4]
confers powers upon the Commission in order to implement some of the provisions
of that Regulation.

(2)       As a consequence of that
entry into force of the Lisbon Treaty, the powers conferred under Regulation
(EC) No 1100/2007 upon the Commission need to be aligned to Articles 290 and
291 of the Treaty on the Functioning of the European Union.

(3)       In order to apply certain provisions
of Regulation (EC) No 1100/2007, the power to adopt acts in accordance with
Article 290 of the Treaty on the Functioning of the European Union should be
delegated to the Commission in respect of taking measures to address a
significant decline of average market prices for eels used for restocking, as
compared to those of eels used for other purposes.

(4)       It is of particular
importance that the Commission carry out appropriate consultations during its
preparatory work for the adoption of delegated acts, including at expert level.

(5)       The Commission, when
preparing and drawing-up delegated acts, should ensure a simultaneous, timely
and appropriate transmission of relevant documents to the European Parliament
and Council.

(6)       In order to ensure uniform
conditions for the implementation of the provisions of Regulation (EC) No 1100/2007
concerning the approval of Eel Management Plans by the Commission on the basis
of technical and scientific data, implementing powers should be conferred upon
the Commission. 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[5].

(7)       The Commission will not be
in a position to report to the European Parliament and the Council on the
measures concerning restocking, including the evolution of market prices by 1
July 2011, due to late transmission by some Member States of the relevant information.
The deadline for this report should therefore be postponed to 31 December 2012.

(8)       The current text of the
Regulation concerning the power to adopt alternative measures for the
achievement of escapement targets confers this power to amend this
non-essential element of the Regulation on the Council. As such decision making
procedure is no longer possible under the TFEU, the provision concerned should
be deleted.

(9)       It was established by
Commission Decision 2008/292/EC of 4 April 2008[6]
that the Black Sea and the river systems connected to it did not constitute a
natural eel habitat for European eel for the purposes of the Regulation.
Therefore Article 1(2) of the Regulation has become obsolete and should be
deleted.

(10)     Commission Decision
2009/310/EC of 2 April 2009[7]
approved requests by Cyprus, Malta, Austria, Romania and Slovakia to be
exempted from the from the obligation to prepare an Eel Management Plan. There
are no pending requests for exemption from that obligation. Therefore Article 3
of the Regulation has become obsolete and should be deleted.

(11)     Regulation (EC) No
1100/2007 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1100/2007 is amended as
follows:

(1)
In Article 1, paragraph 2 is deleted.

(2)
Article 3 is deleted.

(3)
In Article 5, paragraph 1 is replaced by the
following:

"1.        The Eel management plans
shall be approved by the Commission by means of implementing acts adopted in
accordance with the examination procedure referred to in Article 12b(2)"

(4)
In Article 7, paragraphs 6 and 7 are replaced by
the following:

"6. In the event of a significant
decline of average market prices for eels used for restocking, as compared to
those of eels used for other purposes, the Member State concerned shall inform
the Commission. The Commission, by means of delegated acts adopted in
accordance with Article 12a and in order to address the situation, may
temporarily reduce the percentages of eels used for restocking as referred to
in paragraph 2.

7. The Commission shall, not later than 31
December 2012, report to the European Parliament and the Council and evaluate
the measures concerning restocking including the evolution of market
prices."

(5)
In Article 9, paragraph 3 is deleted.

(6)
The following Articles 12a and 12b are inserted:

"Article 12a

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 powers
referred to in Article7(6) shall be conferred for an indeterminate
period of time.

3.           The delegation of powers
referred to in Article 7(6) 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 Article 7(6) 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.

Article 12b
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 publications 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]               OJ L 55, 28.2.2011, p.19

[2]               OJ L 98, 10.4.2008, p. 14

[3]               OJ L 91, 3.4.2009, p. 23

[4]               OJ L 248, 22.9.2007, p. 17.

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

[6]               OJ L 98, 10.4.2008, p. 14

[7]               OJ L 91, 3.4.2009, p. 23