COMMISSION DECISION (EU) 2019/2252

of 17 December 2019

on the proposed citizens’ initiative entitled ‘Stop Finning — Stop the trade’

(notified under document C(2019) 9203)

(Only the English text is authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens’ initiative (1), and in particular Article 4 thereof,

Whereas:

(1) The subject matter of the proposed citizens’ initiative entitled ‘Stop Finning — Stop the trade’ refers to the following: ‘Although the removal of fins on board of EU vessels and in EU waters is prohibited and sharks must be landed with their fins naturally attached, the EU is among the biggest exporters of fins and a major transit hub for the global fin trade.’

(2) The objectives of the proposed citizens’ initiative refer to the following: ‘EU is a major player in the exploitation of sharks and as inspections at sea are scarce fins are still illegally retained, transshipped, or landed in EU. We aim to end the trade of fins in the EU including the import, export and transit of fins other than if naturally attached to the animal’s body. As finning prevents effective shark conservation measures, we request to extend Regulation (EU) No 605/2013 of the European Parliament and of the Council (2) also to the trade of fins and therefore ask the commission to develop a new regulation, extending ‘fins naturally attached’ to all trading of sharks and rays in the EU.’

(3) The Treaty on European Union (TEU) reinforces citizenship of the Union and enhances further the democratic functioning of the Union by providing, inter alia, that every citizen is to have the right to participate in the democratic life of the Union by way of a European citizens’ initiative.

(4) To this end, the procedures and conditions required for the citizens’ initiative should be clear, simple, user-friendly and proportionate to the nature of the citizens’ initiative so as to encourage participation by citizens and to make the Union more accessible.

(5) In relation to the subject matter of the proposed initiative, legal acts of the Union for the purpose of implementing the Treaties can be adopted: — for the establishment of provisions necessary for the pursuit of the objectives of the common fisheries policy, on the basis of Article 43(2) of the Treaty on the Functioning of the European Union (TFEU); — for defining the framework for implementing the common commercial policy, on the basis of Article 207(2) TFEU.

(6) For these reasons, the proposed citizens’ initiative does not manifestly fall outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties in accordance with Article 4(2)(b) of the Regulation.

(7) Furthermore, the citizens’ committee has been formed and the contact persons have been designated in accordance with Article 3(2) of the Regulation and the proposed citizens’ initiative is neither manifestly abusive, frivolous or vexatious nor manifestly contrary to the values of the Union as set out in Article 2 TEU.

(8) The proposed citizens’ initiative entitled ‘Stop Finning — Stop the trade’ should therefore be registered.

HAS ADOPTED THIS DECISION:

Article 1 The proposed citizens’ initiative entitled ‘Stop Finning — Stop the trade’ is hereby registered.

Article 2 This Decision shall apply from 2 January 2020.

Article 3 This Decision is addressed to the organisers (members of the citizens’ committee) of the proposed citizens’ initiative entitled ‘Stop Finning — Stop the trade’, represented by Mr Nils KLUGER and Mr Alexander Hendrik CORNELISSEN acting as contact persons.

Done at Strasbourg, 17 December 2019. For the Commission Věra JOUROVÁ Vice-President

(1) OJ L 65, 11.3.2011, p. 1.

(2) Regulation (EU) No 605/2013 of the European Parliament and of the Council of 12 June 2013 amending Council Regulation (EC) No 1185/2003 on the removal of fins of sharks on board vessels (OJ L 181, 29.6.2013, p. 1).