Impact assessment on the possible revision of the Council Regulation (EC) No 1006/2008, concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters

A. Need for action

Why? What is the problem being addressed? Maximum 11 lines

The current Fishing Authorisations Regulation does not allow for efficient and transparent monitoring of the EU external fleet. This situation represents a threat to the sustainable exploitation of fishing resources and could affect the reputation of the European Union at international level. More specifically, many provisions of the current Regulation lack clarity and are not consistent with other rules, in particular those related to control and to the fight against illegal, unreported and unregulated fisheries (IUU). There are also overlaps between different levels of administration leading to inconsistencies and cumbersome processes. In the case of direct authorisations granted by third countries to EU vessels, outside the scope of a Sustainable Fisheries Partnership Agreement (around 150 to 180 per year), there is no authorisation framework and criteria in place with the effect that the EU the activity of the EU external fleet remains to a large extent non-transparent. Finally the issues of abusive reflagging and chartering are not addressed.

What is this initiative expected to achieve? Maximum 8 lines

The main purpose of the proposal is to put in place a consistent regulatory framework to allow the Union to better monitor its external fleet - a few hundred vessels - wherever it operates and whatever the framework under which it does so. In this context, the objective is twofold: (1) to clarify and simplify the current regulatory framework by removing inconsistencies and legal uncertainties and by clarifying the distribution of tasks between the Commission and national administrations; (2) to introduce eligibility criteria and authorisation processes for any situation where a Union vessel is fishing outside Union waters, including for direct authorisations ("private licences") and to introduce measures to prevent abusive reflagging operations.

What is the value added of action at the EU level? Maximum 7 lines

Fisheries policy is an exclusive EU competence and the subsidiarity principle does not apply regarding measures which contribute to the conservation of marine biological resources. In addition, a Regulation would ensure uniform application of the rules throughout the European Union. Added value would also result from the introduction of clear rules applicable to all vessels registered in one of the EU Member States, thus creating a level playing field for the entire EU fleet, active outside EU waters.

B. Solutions

What legislative and non-legislative policy options have been considered? Is there a preferred choice or not? Why? Maximum 14 lines

A total of four options have been considered in the Impact Assessment: Option 1: A limited amendment to the current Regulation so as to ensure alignment with the Lisbon Treaty provisions. Option 2: In addition to option 1, guidelines could be elaborated by the Commission so as to provide interpretation to the current FAR provisions which are not clear or precise enough. Option 3: A limited amendment of the current Regulation to address shortcomings, uncertainties and gaps of the current legislation, therefore achieving the objective of providing unambiguous provisions to Member States and private operators. Option 4: A new Regulation with an enlarged scope would be adopted. It would include eligibility criteria to be associated with the submission of direct authorisations and regulate chartering. It would also include provisions so as to prevent abusive cases of reflagging. The option 4 would combine legal certainty with enlarged scope thus leading to a complete framework regulating the activity of the EU external fleet worldwide. For that reason, it is been considered as the most effective one, able to achieve policy objectives, contributing to the international credibility of the Union and providing long-term benefits for the EU fleet.

Who supports which option? Maximum 7 lines