Draft Council Decision of […] repealing Directive 83/515/EEC and 11 obsolete Decisions in the field of the Common Fisheries Policy
Date: 2009-02-27
Institutions: European Commission
Subjects: Community acquis, EU act, common fisheries policy, consolidation of EU law, drafting of EU law

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.2.2009 
COM(2009) 88 final 

2009/0022 (CNS) 

Draft 

COUNCIL DECISION 

of […] 

repealing Directive 83/515/EEC and 11 obsolete Decisions in the field of the Common 
Fisheries Policy 

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EXPLANATORY MEMORANDUM 

The Commission has launched an initiative aimed at updating and simplifying the Community 
acquis1  within  the  context  of  the  "Better  Regulation"  programme.  One  of  the  main  actions 
relates to the identification of the acquis in force through the screening of the Acts listed in 
the Directory of the legislation in force. When the screening reveals that legal texts formally 
in  force  are  no  longer  active,  the  Commission  will  proceed  to  repeal  those  Acts,  through  a 
formal  Commission  Act,  a  Proposal  for  a  Council  Act,  or  a  formal  recognition  of 
obsolescence,  as  appropriate,  for  clarity  and  legal  security's  sake.  Repeal  of  acts  that  have 
become obsolete in the field of the CFP is foreseen in the Simplification Rolling Programme 
adopted  in  the  framework  of  the  implementation  of  the  Commission's  strategy  for 
simplification  of  the  regulatory  environment,  document  COM  (2008)  712  –  (annex  to  the 
2009 CLWP). 

In particular, the Commission committed to revise the body of the Community law related to 
this  policy  when  adopting  the  2006-2008  Action  Plan  for  simplifying  and  improving  the 
Common Fisheries Policy2. 

As revealed by the screening carried out, a number of Acts adopted by the Council are indeed 
obsolete, though they are still formally in force. In order to remove these Acts from the active 
acquis,  a  formal  Council  Act  is  required,  which  shall  have  the  same  form  of  the  Act  to  be 
repealed (i.e. Decision, Regulation and Directive). However, since only one Directive shall be 
repealed and the form is close to that of a Decision, this is inserted in the Proposal relating to 
the  repealing  of  Decisions.  The  second  proposal  gathers  Council  Regulations  which  should 
also be repealed as obsolete. 

With the adoption of Council and Commission Acts establishing lists of obsolete legal texts, 
only  the  active  Acts  will  appear  in  the  Directory  of  Community  law  in  force,  thus  making 
Community legislation clearer, understandable and up-to-date. 

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COM(2003)71. 
COM(2005)647. 

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2009/0022 (CNS) 

Draft 

COUNCIL DECISION 

of […] 

repealing Directive 83/515/EEC and 11 obsolete Decisions in the field of the Common 
Fisheries Policy 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
37, Article 300(2) and the first subparagraph of Article 300(3) thereof, 

Having regard to the Act of Accession of Spain and Portugal, and in particular Article 167 (3) 
and Article 354 (3) thereof, 

Having regard to the proposal of the Commission, 

Having regard to the Opinion of the European Parliament,  

Whereas: 

(1) 

Improving  the  transparency  of  Community  law  is  an  essential  element  of  the  better 
lawmaking strategy that Community institutions are implementing. In that context it is 
appropriate  to  remove  from  active  legislation  those  acts  which  no  longer  have  real 
effect. 

(2) 

The following Directive and the following Decisions relating to the common fisheries 
policy have become obsolete, even though formally they are still in force: 

–  Council  Directive  83/515/EEC  of  4  October  1983  concerning  certain  measures  to  adjust 
capacity  in  the  fisheries  sector3.  That  Directive  has  exhausted  its  effects  since  the 
provisions  covering  the  subject  matter  are  now  incorporated  in  Council  Regulation  (EC) 
No 1198/20064; 

–  Council  Decision  89/631/EEC  of  27  November  1989  on  a  Community  financial 
contribution  towards  expenditure  incurred  by  Member  States  for  the  purpose  of  ensuring 
compliance with the Community system for the conservation and management of fishery 
resources5. That Decision has  exhausted  its  effects  since  it  relates  to  eligible  expenditure 
effected by Member States between 1 January 1991 and 31 December 1995; 

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OJ L 290, 22.10.1983, p. 15.  
OJ L 223, 15.8.2006, p.1. 
OJ L 364, 14.12.1989, p.64.  

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–  Council Decision 94/117/EC of 21 February 1994 laying down the minimum requirements 
as regards structure and equipment to be met by certain small establishments ensuring the 
distribution  of  fishery  products  in  Greece6.  That  Decision  has  exhausted  its  effects  since 
the factual situation during which it was to apply no longer exists; 

–  Council Decision 94/317/EC of 2 June 1994 authorizing the Kingdom of Spain to extend 
until 7 March 1995 the Agreement on mutual fishery relations with the Republic of South 
Africa7.  That  Decision  has  exhausted  its  effects  since  it  was  intended  to  apply  during  a 
period which has already lapsed; 

–  Council Decision 94/318/EC of 2 June 1994 authorizing the Portuguese Republic to extend 
until 7 March 1995 the Agreement on mutual fishery relations with the Republic of South 
Africa8.  That  Decision  has  exhausted  its  effects  since  it  was  intended  to  apply  during  a 
period which has already lapsed;  

–  Council  Decision  1999/386/EC  of  7  June  1999  on  the  provisional  application  by  the 
European  Community  of  the  Agreement  on  the  International  Dolphin  Conservation 
Programme9. That Decision has exhausted its effects since it refers to a transitional period 
which has already lapsed;  

–  Council Decision 2001/179/EC of 26 February 2001 setting the terms for financial support 
to Guinea-Bissau in the fisheries sector10. That Decision has exhausted its effects since it 
was intended to apply during a period which has already lapsed; 

–  Council  Decision  2001/382/EC  of  14  May  2001  on  a  Community  financial  contribution 
towards  certain  expenditure  to  implement  certain  management  measures  on  highly 
migratory  fish11.  That  Decision  has  exhausted  its  effects  since  it  covered  a  period  which 
has already lapsed; 

–  Council  Decision  2001/431/EC  of  28  May  2001  on  a  financial  contribution  by  the 
Community  to  certain  expenditure  incurred  by  the  Member  States  in  implementing  the 
control,  inspection  and  surveillance  systems  applicable  to  the  common  fisheries  policy12. 
That Decision has exhausted its effects since it related to eligible expenditure effected by 
Member States between 1 January 2001 and 31 December 2003 and the  factual situation 
for  which  it  was  adopted  has  been  accomplished.  Furthermore,  a  new  Council  Decision 
2004/465/EC was adopted to cover expenditure as from the year 200413; 

–  Council Decision 2004/662/EC of 24 September 2004 authorising the Kingdom of Spain to 
extend until 7 March 2005 the Agreement on mutual fishery relations with the Republic of 
South  Africa14.  That  Decision  has  exhausted  its  effects  since  it  covered  a  transitional 
period which has already lapsed; 

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OJ L 54, 25.2.1994, p. 28. 
OJ L 142, 7.6.1994, p. 30. 
OJ L 142, 7.6.1994, p. 31. 
OJ L 147, 12.6.1999, p. 23. 
OJ L 66, 8.3.2001, p. 33. 
OJ L 137, 19.5.2001, p. 25. 
OJ L 154, 9.6.2001, p.22. 
OJ L 157, 30.4.2004, p.114.  
OJ L 302, 29.9.2004, p. 5. 

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–  Council Decision 2004/890/EC of 20 December 2004 on the withdrawal by the European 
Community from the Convention on Fishing and Conservation of the Living Resources in 
the Baltic Sea and Belts15. That Decision has exhausted its effects because the withdrawal 
by the Community was notified to the Depositary of that Convention; 

–  Council  Decision  2005/76/EC  of  22  November  2004  on  the  signing,  on  behalf  of  the 
European  Community,  and  provisional  application  of  the  Agreement  in  the  form  of  an 
Exchange of Letters concerning the provisional application of the Protocol setting out the 
fishing opportunities and financial contribution provided for in the Agreement between the 
European  Economic  Community  and  the  Islamic  Federal  Republic  of  The  Comoros  on 
fishing  off  The  Comoros  for  the  period  from  28  February  2004  to  31  December  200416. 
That Decision has exhausted its effects since it was intended to be in force during a period 
which has already lapsed. 

(3) 

For  reasons  of  legal  security  and  clarity,  that  obsolete  Directive  and  those  obsolete 
Decisions should be repealed. 

HAS ADOPTED THIS DECISION: 

Article 1 

Directive and Decisions to be repealed 

Directive  83/515/EEC  and  Decisions  89/631/EEC,  94/117/EC  94/317/EC,  94/318/EC, 
1999/386/EC,  2001/179/EC,  2001/382/EC,  2001/431/EC,  2004/662/EC,  2004/890/EC  and 
2005/76/EC are repealed. 

Article 2 
Addressees 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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OJ L 375, 23.12.2004, p.27. 
OJ L 29, 2.2.2005, p. 20. 

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