2004/585/EC: Council Decision of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy
Date: 2004-07-19
Institutions: Council of the European Union
Subjects: EU regional policy, advisory committee (EU), common fisheries policy, fishing area, institutional structure, operation of the Institutions

3.8.2004

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(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 19 July 2004

establishing Regional Advisory Councils under the Common Fisheries Policy

(2004/585/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal of the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Whereas:

(1)

(2)

Council Regulation (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation of
fisheries resources under the Common Fisheries Policy (3)
and in particular Articles 31 and 32 thereof, provides for
new forms of participation by stakeholders
in the
Common Fisheries Policy through the establishment of
Regional Advisory Councils.

A consistent approach to the establishment of Regional
they correspond to
Advisory Councils
management units based on biological criteria and that
they are limited in number in order to offer meaningful
advice and for practical reasons.

requires

that

(1) Opinion delivered on 1 April 2004 (not yet published in the Official

Journal).

(2) Opinion delivered on 26 February 2004 (not published in the

Official Journal).

(3)

(4)

(5)

(6)

(7)

Since Regional Advisory Councils are stakeholder-led
organisations, they should adapt their structure to the
and regions
specific
characteristics of
framework
concerned. Nevertheless,
is
necessary
the Regional
for
Advisory Councils.

general
establishment of

fisheries

the
a

the

In the interests of efficiency, it is necessary to limit the
size of Regional Advisory Councils whilst ensuring that
they include all the interests affected by the Common
Fisheries Policy and while recognising the primacy of
fishing
them of
the
management decisions and policies.

interests

effects

given

on

In order to ensure consistency on issues of common
interest to more than one Regional Advisory Council, it
is essential
to establish links between the different
Regional Advisory Councils.

the tasks of
and Aquaculture

the Advisory Committee on
In view of
Fisheries
renewed by Commission
Decision 1999/478/EC (4), which is composed of repre-
sentatives of a wide range of European organisations and
interests, the work of the Regional Advisory Councils
should be coordinated with that of the said Committee,
to which they should also send their reports.

the
In order to ensure the effective establishment of
Regional Advisory Councils,
it is essential that public
funds contribute to their costs in the start-up phase
and to interpretation and translation costs.

(3) OJ L 358, 31.12.2002, p. 59. Regulation as last amended by Regu-

lation (EC) No 1242/2004 (OJ L 236, 7.7.2004, p. 1).

(4) OJ L 187, 20.7.1999, p. 70.

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(8)

Commission

A financial reference amount, within the meaning of
point 34 of the Interinstitutional Agreement of 6 May
1999 between the European Parliament, the Council and
the
and
improvement of the budgetary procedure (1), is included
in this Decision for the entire duration of the financing
provisions, without thereby affecting the powers of the
budgetary authority as they are defined by the Treaty,

budgetary

discipline

on

HAS DECIDED AS FOLLOWS:

Article 1

Definitions

Councils shall submit a request concerning the operation of
to the Member States
that Regional Advisory Council
concerned and to the Commission. The request
shall be
compatible with the objectives, principles and guidelines of
the Common Fisheries Policy as set out in Regulation (EC) No
2371/2002 and shall include:

(a) a statement of objectives;

(b) operating principles;

(c)

initial rules of procedure;

For the purposes of this Decision the following definitions shall
apply:

(d) the budget estimate;

‘Member State concerned’ shall mean a Member State having
in the area or fisheries covered by a
a fishing interest
Regional Advisory Council;

(e) a provisional list of organisations.

1.

2.

sector’
shipowners,

‘Fisheries
sub-sector,
shall mean the
including
employed
small-scale
fishermen, producer organisations as well as, amongst
others, processors, traders and other market organisations
and women's networks;

catching
fishermen,

3.

‘Other interest groups’ shall mean, amongst others, environ-
mental organisations and groups, aquaculture producers,
consumers and recreational or sport fishermen.

Article 2

Establishment of Regional Advisory Councils

A Regional Advisory Council is established for each of the

1.
following:

(a)

the Baltic Sea;

(b) the Mediterranean Sea;

(c)

the North Sea;

(d) north-western waters;

(e) south-western waters;

(f) pelagic stocks;

(g) high seas/long distance fleet.

2.
The geographical areas covered by each Regional Advisory
Council are set out in Annex I. Each Regional Advisory Council
may create subdivisions to deal with issues that cover specific
fisheries and biological regions.

Article 3

Procedure

1.
groups with an interest

Representatives of the fisheries sector and other interest
the Regional Advisory

in one of

(1) OJ C 172, 18.6.1999, p. 1. Agreement as last amended by Decision
of the European Parliament and of the Council 2003/429/EC (OJ L
147, 14.6.2003, p. 25).

The Member States concerned shall determine whether the
2.
representative and in accordance with the
application is
provisions laid down in this Decision,
if necessary following
discussions with stakeholder interests, and shall, by common
agreement, transmit a recommendation to the Commission on
that Regional Advisory Council.

the recommendation and possible
After evaluation of
3.
amendments to the request,
the Commission shall adopt a
decision as soon as possible and in any event shall aim to
adopt it at the latest within three months, specifying the date
from which the Regional Advisory Council shall become opera-
tional. The decision shall be published in the Official Journal of
the European Union.

Article 4

Structure

Each Regional Advisory Council shall consist of a general

1.
assembly and an executive committee.

2.
The general assembly shall meet at least once a year to
approve the annual report and the annual strategic plan drawn
up by the executive committee.

The

general

assembly

3.
an executive
committee of up to 24 members. The executive committee
shall manage the work of the Regional Advisory Council and
adopt its recommendations.

appoint

shall

Article 5

Membership

The Regional Advisory Councils shall be composed of
interest

1.
representatives from the fisheries sector and other
groups affected by the Common Fisheries Policy.

European and national organisations

representing the
2.
fisheries
interest groups may propose
members to the Member States concerned. These Member
States shall agree on the members of the general assembly.

and other

sector

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In the general assembly and executive committee, two
3.
thirds of the seats shall be allotted to representatives of the
fisheries sector and one third to representatives of the other
interest groups affected by the Common Fisheries Policy.

4.
At least one representative of the catching subsector from
each Member State concerned shall be represented in the
executive committee.

Article 6

Participation by non-members

1.
Scientists from institutes of the Member States concerned
or international bodies shall be invited to participate as experts
in the work of
the Regional Advisory Councils. Any other
qualified scientist may also be invited.

members shall be recorded in the recommendations adopted
by the majority of the members present and voting. Upon
receipt in writing of the recommendations, the Commission
and, where relevant, the Member States concerned shall reply
precisely to them within a reasonable time period and, at the
latest, within three months.

Each Regional Advisory Council shall designate a chair-

4.
person by consensus. The chairperson shall act impartially.

5.
The Member States concerned shall provide the appro-
priate support, including logistical help, to facilitate the func-
tioning of a Regional Advisory Council.

Article 8

2.
The Commission and national and regional adminis-
trations of the Member States concerned shall have the right
to participate at any meeting of a Regional Advisory Council as
active observers.

Coordination between Regional Advisory Councils

If an issue is of common interest to two or more Regional
Advisory Councils, they shall coordinate their positions with a
view to adopting joint recommendations on that issue.

A representative of the Advisory Committee on Fisheries
3.
to participate at any
and Aquaculture shall have the right
meeting of a Regional Advisory Council as an active observer.

4.
Representatives of the fisheries sector and other interest
including representatives from
groups from third countries,
Regional Fisheries Organisations, that have a fishing interest
fisheries covered by a Regional Advisory
in the area or
Council may be
in that Regional
invited to participate
Advisory Council as active observers when issues which affect
them are discussed.

Article 9

Financing

A Regional Advisory Council which has acquired a legal

1.
personality may apply for Community financial aid.

2.
Community start-up aid may be granted for the operating
expenditure of a Regional Advisory Council during its first five
years in accordance with the conditions set out in Annex II,
Part 1.

5.
The meetings of the general assembly shall be open to the
public. The meetings of the executive committee shall be open
to the public unless, in exceptional cases, decided otherwise by
a majority of the executive committee.

Community aid may be granted for the interpretation and
the Regional Advisory

3.
translation costs of
the meetings of
Councils as set out in Annex II Part 2.

Article 7

Functioning

Regional Advisory Councils shall adopt

1.
the measures
necessary for their organisation including, as appropriate, a
secretariat and working groups.

to ensure

transparency in all

Regional Advisory Councils shall adopt

2.
the necessary
their
measures
decision-making process. Recommendations adopted by the
executive committee shall be made available immediately to
the
States
concerned and, upon request, to any member of the public.

the Commission, Member

stages of

assembly,

general

The members of the executive committee shall, where
3.
possible,
If no
consensus can be reached, dissenting opinions expressed by

recommendations

consensus.

adopt

by

this action for

The financial reference amount for the implementation
4.
of
the period 2004 to 2011 shall be
EUR 7 596 000. For the period following 31 December 2006,
the amount shall be deemed to be confirmed if it is consistent
for this phase with the financial perspectives in force for the
period commencing in 2007. The annual appropriations shall
be authorised by the budgetary authority within the limits of
the financial perspective.

Article 10

Annual report and audit

1.
Each Regional Advisory Council shall transmit an annual
report of its activities to the Commission, the Member States
concerned and the Advisory Committee on Fisheries and Aqua-
culture before 31 March of the year following the year covered
by the report.

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The Commission or the Court of Auditors may, at any
2.
time, arrange for an audit to be carried out either by an outside
body of
its choice or by the Commission or the Court of
Auditors departments themselves.

this
Parliament and the Council on the implementation of
Decision and the functioning of the Regional Advisory Councils.

Article 12

Entry into force

3.
Each Regional Advisory Council shall appoint a certified
auditor for the period during which it benefits from Community
funds.

This Decision shall enter
following that of its publication in the Official
European Union.

into force on the seventh day
Journal of the

Article 11

Review

Done at Brussels, 19 July 2004.

Three years following the date on which the last Regional
Advisory Council becomes operational, or, at the latest by 30
to the European
June 2007,

the Commission shall

report

For the Council
The President

C. VEERMAN

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ANNEX I

Regional Advisory Councils referred to in Article 2

Name of the Regional Advisory Council

ICES areas, CECAF divisions (1) and General Fisheries Commission
for the Mediterranean

Baltic Sea

Mediterranean Sea

North Sea

North Western waters

South Western waters

IIIb, IIIc and IIId

Maritime Waters of the Mediterranean of the East of line
5°36' West

IV, IIIa

V (excluding Va and only EC waters in Vb), VI, VII

VIII, IX and X (waters around Azores), and CECAF divisions
34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the
Canary Islands)

Pelagic stocks (blue whiting, mackerel, horse mackerel,
herring)

All areas (excluding the Baltic Sea and the Mediterranean
Sea)

High seas/long distance fleet

All non EC-waters

(1) For the purposes of this Decision, ICES areas are as defined in Regulation (EEC) No 3880/91 (OJ L 365, 31.12.1991, p. 1), Regulation
as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1) and
CECAF Divisions are as defined in Regulation (EC) No 2597/95 (OJ L 270, 13.11.1995, p. 1). Regulation as last amended by
Regulation (EC) No 1882/2003.

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ANNEX II

Costs incurred by the Regional Advisory Councils

P a r t 1

Contribution towards the start-up costs of the Regional Advisory Councils (RACs)

The Community will contribute part of the operating costs from the year of their establishment for a maximum of five
years. The amount allocated to each RAC for operating costs will not exceed 90 % of its operating budget and may not
exceed 200 000 EUR in the first year.
the maximum financial contribution will be
degressive (1) and depend on the budget available. The Commission will conclude with each RAC and for each year
an ‘operating grant agreement’ which will set the precise terms and conditions and the procedure for the grant of
financing. Only the actual expenses will be subject
to the Community contribution, which will be granted on
condition that the other sources of financing have been allocated.

In the four following years,

The eligible costs will consist of the costs necessary to ensure the normal operation of the RACs and enable them to
pursue their aims.

The following direct costs will be eligible:

— personnel expenses (cost of personnel per day of work on the project),

— new or used equipment,

— materials and supplies,

— dissemination of information to members,

— travel and accommodation expenses of experts attending RAC meetings (based on scales or rules laid down by the

Commission departments),

— audits,

— a contingency reserve of not more than 5 % of eligible direct costs.

P a r t 2

Interpretation and translation costs

The Commission will conclude with each RAC and for each year an action grant agreement of up to 50 000 EUR which
will set the precise terms and conditions and the procedure for the grant of financing.

(1) First year: 200 000 EUR (90 %), second year: 165 000 EUR (75 %), third year: 132 000 EUR (60 %), fourth year: 121 000 EUR

(55 %), fifth year: 110 000 EUR (50 %).