# EUR-Lex - 52012PC0591 - EN

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# 52012PC0591

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 2187/2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound /* COM/2012/0591 final - 2012/0285 (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 the context of
the alignment of Regulation (EC) No 2187/2005 to the new rules of the TFEU,
powers currently conferred on the Commission by that Regulation have been
re-classified into delegated measures and implementing measures.

Pursuant to
Article 290 TFEU, the legislator may delegate to the Commission the task of supplementing
or amending certain non-essential parts of Regulation (EC) No 2187/2005. The
Commission should therefore be empowered to adopt delegated acts to amend the technical
specifications of two parts of the fishing gears improving selectivity: namely the
Bacoma type exit window and the netting in the codend and extension piece being
turned 90° (T90 trawl). Pursuant to Article
291 TFEU, the legislator may confer implementing powers upon the Commission to
ensure uniform conditions for the implementation of Regulation (EC) No
2187/2005. Implementing powers are necessary to ensure that the Commission is
able to adopt a decision requiring a Member State to withdraw or modify
national measures whenever these are not in accordance with the Regulation (EC)
No 2187/2005.

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

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

3.           LEGAL
ELEMENTS OF THE PROPOSAL

·
Summary of the proposed action

The main legal
action is to identify the powers confered upon the Commission by Council
Regulation (EC) No 2187/2005 and to clasify 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 the exclusive competence of the
European Union.

·
Proportionality principle

The proposal covers
amending measures which already exist in Council Regulation (EC) No 2187/2005; therefore
no concern arises as regards the principle of proportionality.

·
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.

2012/0285 (COD)

Proposal for a

REGULATION OF
THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council
Regulation (EC) No 2187/2005 for the conservation of fishery through technical
measures in the Baltic Sea, the Belts and the Sound

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
2187/2005 of 21 December 2005 for the conservation of fishery through technical
measures in the Baltic Sea, the Belts and the Sound [2] confers powers upon the
Commission in order to implement some of the provisions of that Regulation.

(2)       As a consequence of the
entry into force of the Lisbon Treaty, the powers conferred upon the Commission
under Regulation (EC) No 2187/2005 need to be aligned to Articles 290 and 291
of the Treaty on the Functioning of the European Union.

(3)       Implementing powers should
be conferred on the Commission in order to ensure uniform conditions for the
implementation of Regulation (EC) No 2187/2005 as
regards measures taken  by Member States which apply only to fishing
vessels flying their flag.

(4)       Powers to adopt detailed
rules for the implementation of Regulation  (EC) No
2187/2005 are no longer required. The provision conferring those powers should therefore be deleted.

(5)       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 to amend rules concerning the
construction of the certain gears. Such
amendments should reflect changes occuring in the selectivity patterns  of the
fishery, new technical knowledge on materials for construction or changes in the
rigging of the gear which may enhance gear selectivity.

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

(7)       Regulation (EC) No
2187/2005 should therefore be amended accordingly,

HAVE
ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No
2187/2005 is amended as follows:

(1)          In
Article 26, paragraph 5 is replaced by the following:

"5. If the
Commission concludes that the measures do not comply with the conditions laid
down in paragraph 1 it shall adopt an implementing decision requiring the
Member State to withdraw or modify the measures."

(2)          Article
28 is deleted.

(3)          Article
29 is replaced by the following:

"Article 29
Amendments
to Appendices 1 and 2 of Annex II

The
Commission shall be empowered to adopt delegated acts in accordance with
Article 29a to amend or supplement Appendices 1 and 2 of Annex II by adapting
specifications of the gear to:

(a)    changes in
selectivity;

(b)     improvements in
technical knowledge on new materials for gear construction;

(c)     changes to
rigging that enhance gear selectivity."

(4)          The
following Article 29a is inserted:

"Article 29a

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 Article 29 shall be conferred for an indeterminate period of
time.

3. The delegation of
powers referred to in Article 29 may be revoked by the European Parliament or
by the Council at any time. A decision of revocation shall put an end to the
delegation of the power specified in that decision. It shall take effect on 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 the
Commission adopts a delegated act, it shall notify it simultaneously to the
European Parliament and to the Council.

5. A delegated act
adopted pursuant to Article 29 shall enter into force only if no objection has
been expressed either by the European Parliament or by the Council within a
period of two 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 two months at
the initiative of the European Parliament or of the Council."

Article 2

This Regulation
shall enter into force on the twentieth 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 349, 31.12.2005, p. 1.