# EUR-Lex - 52011PC0798 - EN

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# 52011PC0798

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 1185/2003 on the removal of fins of sharks on board vessels /* COM/2011/0798 final - 2011/0364 (COD) */**

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EXPLANATORY MEMORANDUM

1.
Content of the proposal

Council Regulation (EC) No 1185/2003 on the
removal of fins of sharks on board vessels[1]
establishes a general prohibition to the practice of 'shark finning', whereby
the fins are removed from sharks, with the remainder of the shark being
discarded at sea.

Regulation (EC) No 1185/2003 allows Member
States to issue special fishing permits allowing processing on board, whereby
shark fins can be removed from the bodies. In order to ensure the
correspondence between the weight of fins and bodies, a 'fin-to-carcass' weight
ratio is established. However, given that such processing takes place on board
vessels, fins and bodies can be landed in different ports. Inspectors must rely
on logbook records to determine whether or not the fin allowance has been
respected. In such cases, and given the varying levels of control and
enforcement in ports around the world where such landings take place, 'shark
finning' can and does occur, and is often difficult to detect, let alone prove
in legal proceedings. Under these circumstances, the collection of data (e.g.
species identification, population structure) underpinning scientific advice
for the establishment of fisheries management and conservation measures is
hampered.

The EU has made several international commitments to protect sharks,
in line with the Organisation of the United Nations (FAO) Code of Conduct for
Responsible Fisheries, and in particular under the International Plan of Action
on Sharks (IPOA-Sharks)adopted by the FAO in 1999. The FAO IPOA was the basis
for the 2009 Commission Communication on a European Community Action Plan for
the Conservation and Management of Sharks[2],
whereby the Union committed itself to adopt all necessary measures for the
conservation of sharks and to minimize waste and discards from shark catches.
The Council endorsed the overall approach and specific objectives of the Union
as set out in that Communication[3].
Shark finning is also being addressed by some Regional Fisheries Management
Organisations, e.g. the International Commission for the Conservation of
Atlantic Tunas (ICCAT) and the Indian Ocean Tuna Commission (IOTC) where the
use of ratios as an instrument to prove that finning does not occur is considered
problematic in terms of control and efficiency. Many scientists
of these organisations clearly favour the landing of sharks with their fins
naturally attached to the body.

The Scientific, Technical, and Economic
Committee for Fisheries (STECF), acknowledging the problem of shark finning,
advises that all elasmobranch species should be landed with fins /wings
attached.

Therefore, in order to ensure proper
management and conservation of shark stocks, it is appropriate to amend this
Regulation.

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

The European Commission held a public
consultation of stakeholders and the general public, between 15.11.2010 and
21.02.2011, in order to gather information on the most appropriate manner in
which Council Regulation (EC) No 1185/2003 should be amended. The results of
the consultation show that the 'fins-remain-attached' approach is regarded as
the preferred option. An impact assessment has been carried out.

3.
LEGAL ELEMENTS OF THE PROPOSAL

The main action is to amend Council
Regulation (EC) No 1185/2003, on the legal basis of Article 43(2) of the Treaty
on the Functioning of the European Union.

The proposal falls under the exclusive
competence of the European Union and the principle of proportionality is
respected.

The proposed instrument is a Regulation of
the European Parliament and of the Council given that other means would not be
adequate, on the basis that a Regulation must be amended by a Regulation.

4.
BUDGETARY IMPLICATIONS

This measure does not involve any
additional Union expenditure

2011/0364 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Regulation (EC) No 1185/2003 on
the removal of fins of sharks on board vessels

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,

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

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

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)
Council Regulation (EC) No 1185/2003 on the
removal of fins of sharks on board vessels[4]
establishes a general prohibition of the practice of shark finning, whereby the
fins are removed from sharks, with the remainder of the shark being discarded
at sea.

(2)
Fish belonging to the taxon Elasmobranchii,
including sharks, skates and rays are generally very vulnerable to overexploitation
due to their life cycle characteristics of slow growth, late maturity and small
number of young. In recent years, some shark populations have been severely
targeted and put under serious threat as a result of a dramatic increase in
demand for shark products,fins in particular.

(3)
Regulation (EC) No 1185/2003 allows Member
States to issue special fishing permits allowing processing on board, whereby
shark fins can be removed from the bodies. In order to ensure the
correspondence between the weight of fins and bodies, a 'fin-to-carcass' ratio
is established, however, following processing operations, fins and bodies can
be landed in different ports. In such cases the use of the ratio becomes
ineffective and gives scope for shark finning to occur. Under these
circumstances, the collection of data,e.g; species identification, populations
structure, underpinning scientific advice for the establishment of fisheries
conservation measures, is hampered.

(4)
In 1999 the Food and Agriculture Organisation of
the United Nations (FAO) adopted the International Action Plan for the
Conservation and Management of Sharks, which was the basis for the 2009
Commission Communication on a European Community Action Plan for the
Conservation and Management of Sharks[5],
whereby the Union committed itself to adopt all necessary measures for the
conservation of sharks and to minimize waste and discards from shark catches.
The Council endorsed the overall approach and specific objectives of the Union
as set out in that Communication[6].

(5)
The Scientific, Technical, and Economic
Committee for Fisheries (STECF) acknowledges the problem of shark finning and
calls for its eradication without exemption, and advises that all elasmobranch
species should be landed with fins /wings attached.

(6)
Regional Fisheries Management Organisations are
increasingly addressing the issue of shark finning and their scientific bodies are
showing preference for the landing of sharks with their fins naturally attached
to the body.

(7)
            In 2010-2011, as part of the required
impact assessment exercise, the European Commission held a public consultation
in order to gather information on the most appropriate manner in which
Regulation (EC) No 1185/2003 should be amended. The conclusion of the impact
assessment is that the Regulation should be amended so that all sharks must be
landed with their fins still attached. It is necessary and appropriate for the
achievement of the basic objective of the conservation of shark stocks, and in
view of the outcome of the public consultation, to amend Regulation (EC) No
1185/2003 accordingly;

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1185/2003 is amended as
follows:

(1)
Point 3 of Article 2 is deleted.

(2)
The following paragraph 1a is inserted after
paragraph 1 of Article 3:

"1a. Without prejudice to paragraph 1,
and in order to facilitate on board storage, shark fins may be partially sliced
through and folded against the carcass."

(3)
Article 4 is deleted.

(4)
Article 5 is deleted.

(5)
Article 6 is replaced by the following:

"Articled 6
Reports

1.
Where fishing vessels flying the flag of a
Member State catch, retain on board, tranship or land sharks, the flag Member
State shall send to the Commission, by 1 May at the latest, a comprehensive
annual report on the implementation of this Regulation during the previous
year. The report shall describe the monitoring of compliance of vessels with
the Regulation, and the enforcement measures taken by Member States in cases of
non-compliance. In particular, the following information shall be provided:

–
The number of landings of sharks;

–
The number of inspections carried out;

–
The number and nature of cases of non-compliance
detected, including a full identification of the vessel(s) involved.

2.
After the submission by Member States of their
second annual report in accordance with paragraph 1, the Commission shall no
later than 1 January 2016 report to the European Parliament and the
Council on the operation of this Regulation and the international developments
in this field."

Article 2
Entry into force

This Regulation shall enter into force on
seventh day following 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]               OJ L 167, 4.7.2003, p. 2

[2]               COM(2009)40

[3]               EU CO 7723/09 of 17 March
2009

[4]               OJ L 167, 4.7.2003, p. 2

[5]               COM(2009)40

[6]               EU CO 7723/09 of 17 March
2009