WRITTEN QUESTION E-2328/02

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

(26 July 2002)

Subject: Allocation of responsibilities to the Commission in connection with the reform of the CFP

In its proposals for a reform of the common fisheries policy (CFP) which were adopted by the College of Commissioners on 28 May 2002, the Commission assumes responsibilities in areas which currently lie within the Council's area of competence and, furthermore, it takes on newly created responsibilities such as the establishment of TACs in respect of species which are subject to multiannual management, decisions taken within international fisheries organisations, rules on fisheries monitoring, rules on exemptions from fisheries monitoring requirements and penalties for failure to comply with monitoring rules.

Does the Commission not consider that the assumption of such responsibilities undermines the principle of the balance of powers and goes beyond the responsibility for the drawing up of rules which it was granted by the Council, since the decisions are political rather than technical, the balance between the institutions is disturbed and the division of powers as laid down in the Treaties is challenged?

Will the Commission say whether or not it considers the setting of TACs and quotas to be an implementing power and whether or not the conferral thereof upon the Commission would be in accordance with Articles 37, 202 and 211 of the EC Treaty?

Answer given by Mr Fischler on behalf of the Commission

(17 September 2002)

Pursuant to Articles 202 and 211 of the EC Treaty, the Commission exercises powers conferred to it by the Council and ensures that Community law is applied by the Member States.

The extension and essential elements (see Article 1 subparagraph 1 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(1) of the implementing powers are defined in each case by the legislator in the relevant basic instrument.

The Commission considers that the provisions laid down in the proposal for a Council Regulation on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (CFP)(2) adopted by the Commission on 28 May 2002 are fully in compliance with these rules.

The Commission considers that, within the framework of a multi-annual management plan previously decided by the Council, in which certain parameters for the annual fixing of total allowable catches (TAC's) will have been agreed at the political level, the fixing of TAC's and quotas would indeed qualify to become an issue for implementing powers to be conferred to the Commission.

The Commission would, on the basis of the latest scientific advice for the stock(s) concerned, calculate the quantity of catches which complied with the parameters already fixed by the Council, such as the need to keep fishing mortality at or below a given level, the need to achieve a given percentage increase in the stock biomass each year and the need to avoid more than a certain level of annual change in the TAC.

Therefore, the Commission, in its proposal, foresees that it will decide for the allocations of fishing opportunities only in the case multi-annual management plans have been agreed by the Council and only from the second year. The allocation for the first year is set out within the framework of the multi-annual management plan and remains in the remit of the Council. The allocations for the following years become indeed an implementation issue within the framework of this multi-annual management plan and in compliance with the rules set out in it.

The implementation of measures adopted under international agreements into Community law should also be considered to qualify to become a subject for implementing powers.

Once they are adopted by a Regional Fisheries Organisation (RFO), and provided that the Community does not object to them, these measures become binding within the Community. At this stage these measures can not be subject to any modification any more. The implementation of these measures into Community law is thus an operation of technical nature, and has no political dimension.

The content of the measures in question is also generally of technical nature. The simplified procedure foreseen in the Commission's proposal should allow the Community to accelerate the process of implementation the measures adopted by the RFOs and then contribute to the strengthening of the credibility of its action at the international level. The Parliament and the Council will continue to be fully informed of the results achieved in meetings of the RFOs and will be notified of the measures which need to be implemented in Community law.

The Proposal adopted by the Commission on 28 May 2002 clarifies the definition of responsibilities of both the Member States and the Commission in the field of control and enforcement of the rules of the CFP.

Article 23 of the proposal makes it clear that Member States have the responsibility of control and enforcement of the rules of the CFP.

The Commission is only responsible for monitoring control and enforcement by Member States and for facilitating co-ordination and co-operation between Member States, as laid down in Article 26 of the Proposal.

Thus, the Proposal does not modify the respective roles of the Commission and the Member States.

Within this framework, the Commission proposes that the Council adopts new tools to be used by Member States to ensure a more effective enforcement of CFP rules and equivalent levels of sanctions in every Member State.

The proposal also foresees that Member States which fail to comply with their obligations may be required by the Commission to compensate the Community with for any damage or loss. The adoption of such measures by the Commission falls within its powers under Article 211 of the EC Treaty.

(1) OJ L 184, 17.7.1999.

(2) COM(2002) 185 final.