Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Regulation of the European Parliament and of the Council on the submission of data on landings of fishery products in Member States.
Date: 2006-11-14
Institutions: European Commission
Subjects: EU Member State, EU statistics, exchange of information, fishery product, quantity of fish landed

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.11.2006 
COM(2006) 706 final 

2005/0223(COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a Regulation of the European 
Parliament and of the Council on the submission of data on landings of fishery products 
in Member States. 

EN 

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2005/0223(COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a Regulation of the European 
Parliament and of the Council on the submission of data on landings of fishery products 
in Member States. 

(Text with EEA relevance) 

1. 

BACKGROUND 

Proposal  submitted  to  the  European  Parliament  and  to  the 
Council (COM(2005)566 –– 2005/0223(COD)) 

11 November 2005 

Opinion of the European Parliament (first reading) : 
(A6-0169/2006) 

15 June 2006 

Adoption of the common position by the Council : 

13 November 2006 

2. 

AIM OF THE COMMISSION PROPOSAL 

The current Community legislation based on Council Regulation (EEC) No 1382/91 
requires  the  Member  States  to  submit  to  the  Commission  monthly  data  on  the 
quantity and value of landings of fishery products in their ports. An analysis of the 
methods  of  collecting  and  compiling  the data  by the national  authorities and of the 
uses  made  of  such  data  by  the  Commission's  services  have  revealed  that 
improvements can be made which would reduce the workload on the Member States 
and  improve  the  usefulness  of  the  data.  The  proposed  Regulation  provides  for  the 
submission  by  the  Member  States  of  harmonised  data  on  the  quantity  and  value  of 
landings on their territories to permit analyses of the market for fishery products and 
more general economic analyses of the situation in fisheries. 

The  Commission  proposal  is  intended  to  replace  the  Council  Regulation  (EEC) 
No 1382/91. 

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3. 

COMMENTS ON THE COMMON POSITION 

3.1. 

General 

At  first  reading,  the  European  Parliament  approved  the  Commission's  proposal 
subject  to  21  amendments.  The  great  majority  of  these  amendments  was  of  an 
editorial or minor technical nature that did not affect the substance of the proposal. 

3.2. 

Decisions on the European Parliament's amendments after first reading 

The  Commission  has  agreed  to  the  amendments  proposed  by  the  Parliament.  The 
European Parliament's resolution adopts a positive approach to this proposal with the 
great  majority  of  the  21  amendments  being  in  the  nature  of  technical  and  editorial 
clarifications.  The  exception  is  the  requirement  for  the  Commission  to  report  to 
Parliament  and  Council  once  every  three  years  on  the  implementation  of  the 
Regulation  (amendment  7,  new  Article  8b).  It  is  viewed  by  the  Commission  as 
improving  the  transparency  of  the  operation.  In  this  light,  all  21  amendments 
proposed  by  the  European  Parliament  are  acceptable  to  the  Commission.  The 
Council has endorsed these amendments within its common position. 

3.3. 

New provisions introduced by the Council and the Commission's position. 

On  17  July  2006,  the  Council  adopted  Decision  2006/512/EC  amending  Council 
Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise 
of  implementing  powers  conferred  on  the  Commission  and  introducing  a  new 
procedure named "regulatory procedure with scrutiny" (Article 5a). 

The  new  Committee  procedure  has  to  be  followed  to  adopt  measures  of  general 
scope which seek to amend non-essential elements of a basic instrument adopted in 
accordance with the procedure referred to in Article 251 of the Treaty, inter alia by 
deleting some of those elements or by supplementing the instrument by the addition 
of new non-essential elements. 

New  provisions  introduced  by  the  Council  refer  to  the  implementing  powers 
conferred to the Commission when the new procedure has to be apply. 

In particular, powers are conferred on the Commission to adapt the Annexes to the 
Regulation.  These  measures  of  general  scope  designed  to  amend  non-essential 
elements  of  this  Regulation  should  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny laid down to in Article 5a of Council Decision 1999/468/EC.  

The Commission accepts these new provisions. 

4. 

CONCLUSION 

Under  these  conditions  and  for  the  reasons  set  out  above,  the  Commission  hereby 
expresses  a  favourable  opinion  on  the  common  position  of  the  Council  adopted 
unanimously. 

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