Proposal for a Council Regulation repealing 14 obsolete Regulations 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

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.2.2009 
COM(2009) 89 final 

2009/0024 (CNS) 

Proposal for a 

COUNCIL REGULATION 

repealing 14 obsolete Regulations in the field of the Common Fisheries Policy 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
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in  force  are  no  longer  active,  the  Commission  will  proceed  to  repeal  those  Acts,  through  a 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repealed (i.e. Decision, Regulation and Directive).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repealed and the form is close to that of a Decision, this is inserted in the Proposal relating to 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also be repealed as obsolete.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. 

1 
2 

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

EN 

2 

   EN 

 
                                                 
2009/0024 (CNS) 

Proposal for a 

COUNCIL REGULATION 

repealing 14 obsolete Regulations 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 thereof, 

Having regard to the Act of Accession of Spain and Portugal and in particular Articles 162, 
163 (3), 164 (4), 165 (8), 171, 349 (5), 350, 351 (5), 352 (9) and 358 thereof, 

Having  regard  to  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the 
conservation  and  sustainable  exploitation  of  fisheries  resources  under  the  common  fisheries 
policy3, and in particular Article 20 thereof, 

Having regard to the proposal from 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  Regulations  relating  to  the  common  fisheries  policy  have  become 
obsolete, even though formally they are still in force: 

–  Council Regulation (EEC) No 31/83 of 21 December 1982 on an interim common measure 
for  restructuring  the  inshore  fishing  industry  and  aquaculture4.  That  Regulation  has 
exhausted its effects since it concerned Community financing of investment projects under 
the year 1982; 

–  Council Regulation (EEC) No 3117/85 of 4 November 1985 laying down general rules on 
the  granting  of  compensatory  indemnities  in  respect  of  sardines5.  That  Regulation  has 
exhausted  its  effects  since  it  was  intended  for  application  in  the  transitional  period 
following the accession of Spain to the European Communities; 

3 
4 
5 

OJ L 358, 31.12.2002, p.59.  
OJ L 5, 7.1.1983, p.1. 
OJ L 297, 9.11.1985, p.1.  

EN 

3 

   EN 

 
                                                 
–  Council Regulation (EEC) N° 3781/85 of 31 December 1985 laying down the measures to 
be  taken  in  respect  of  operators  who  do  not  comply  with  certain  provisions  relating  to 
fishing  contained  in  the  Act  of  Accession  of  Spain  and  Portugal6.  That  Regulation  has 
exhausted  its  effects  since  it  was  intended  for  application  in  the  transitional  period 
following the accession of Spain to the European Communities; 

–  Council  Regulation  (EEC)  No  3252/87  of  19  October  1987  on  the  coordination  and 
promotion  of  research  in  the  fisheries  sector7.  That  Regulation  has  exhausted  its  effects 
since the matter is now covered by Council Regulation (EC) No 199/2008 concerning the 
establishment of a Community framework for the collection, management and use of data 
in  the  fisheries  sector  and  support  for  scientific  advice  regarding  the  Common  Fisheries 
Policy8; 

–  Council Regulation (EEC) No 3571/90 of 4 December 1990 introducing various measures 
concerning  the  implementation  of  the  common  fisheries  policy  in  the  former  German 
Democratic Republic9. That Regulation has exhausted its effects since it was intended for 
application in the transitional period following the German unification; 

–  Council  Regulation  (EEC)  No  3499/91  of  28  November  1991  providing  a  Community 
framework  for  studies  and  pilot  projects  relating  to  the  conservation  and  management  of 
fishery  resources  in  the  Mediterranean10.  That  Regulation  has  exhausted  its  effects  since 
the  matter  is  now  covered  by  Council  Regulation  (EC)  No  1967/2006  of  21  December 
2006  concerning  management  measures  for  the  sustainable  exploitation  of  fishery 
resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing 
Regulation (EC) No 1626/9411; 

–  Council Regulation (EC) No 1275/94 of 30 May 1994 on adjustments to the arrangements 
in the fisheries chapters of the Act of Accession of Spain and Portugal12. That Regulation 
has  exhausted  its  effects  since  it  was  intended  for  application  in  the  transitional  period 
following the accession of Spain to the European Communities; 

–  Council Regulation (EC) No 1448/1999 of 24 June 1999 introducing transitional measures 
for the management of certain Mediterranean fisheries and amending Regulation (EC) No 
1626/9413  That  Regulation  has  exhausted  its  effects  since  the  matter  is  now  covered  by 
Regulation (EC) No 1967/2006; 

–  Council  Regulation  (EC)  No  300/2001  of  14  February  2001  establishing  measures  to  be 
applied in 2001 for the recovery of the stock of cod in the Irish Sea (ICES division VIIa)14. 
That  Regulation  has  exhausted  its  effects  since  it  was  intended  to  be  in  force  during  a 
period which has already expired; 

6 
7 
8 
9 
10 
11 
12 
13 
14 

OJ L 363, 31.12.1985 p. 26. 
OJ L 314, 4.11.1987, p.17. 
OJ L 60, 5.3.2008, p.1. 
OJ L 353, 17.12.1990, p.10. 
OJ L 331, 3.12.1991, p. 1.  
OJ L 409, 30.12.2006, p. 11. 
OJ L 140, 3.6.1994, p.1. 
OJ L 167, 2.7.1999, p. 7. 
OJ L 044,15.02.2001, p.12. 

EN 

4 

   EN 

 
                                                 
–  Council  Regulation  (EC)  No  2561/2001  of  17  December  2001  aiming  to  promote  the 
conversion  of  fishing  vessels  and  of  fishermen  that  were,  up  to  1999,  dependent  on  the 
fishing  agreement  with  Morocco15.  That  Regulation  has  exhausted  its  effects  since  the 
national fleet conversion plans to which it applied have ended;  

–  Council Regulation (EC) No 2341/2002 of 20 December 2002 fixing for 2003 the fishing 
opportunities  and  associated  conditions  for  certain  fish  stocks  and  groups  of  fish  stocks, 
applicable  in  Community  waters  and,  for  Community  vessels,  in  waters  where  catch 
limitations are required16. That Regulation has exhausted its effects since it was intended to 
govern fishing activities carried out in the year 2003; 

–  Council Regulation (EC) No 2372/2002 of 20 December 2002 instituting specific measures 
to compensate the Spanish fisheries, shellfish industry and aquaculture, affected by the oil 
spills  from  the  Prestige17.  That  Regulation  has  exhausted  its  effects  since  the  national 
compensation program to which it applied has ended; 

–  Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing 
opportunities  and  associated  conditions  for  certain  fish  stocks  and  groups  of  fish  stocks, 
applicable  in  Community  waters  and,  for  Community  vessels,  in  waters  where  catch 
limitations are required18. That Regulation has exhausted its effects since it was intended to 
govern fishing activities carried out in the year 2004;  

–  Council Regulation (EC) No 52/2006 of 22 December 2005 fixing the fishing opportunities 
and associated conditions for certain fish stocks and groups of fish stocks applicable in the 
Baltic  Sea  for  200619.  That  Regulation  has  exhausted  its  effects  since  it  was  intended  to 
govern fishing activities carried out in the year 2006; 

(3) 

For  reasons  of  legal  security  and  clarity,  those  obsolete  Regulations  should  be 
repealed, 

HAS ADOPTED THIS REGULATION: 

Article 1 
Regulations to be repealed 

Regulations:  (EEC)  No  31/83,  (EEC)  No  3117/85,  (EEC)  No  3781/85,  (EEC)  No  3252/87, 
(EEC)  No  3571/90,  (EC)  No  3499/91,  (EC)  No  1275/94,  (EC)  No  1448/99,  (EC)  No 
300/2001, (EC) No 2561/2001, (EC) No 2341/2002, (EC) No 2372/2002, (EC) No 2287/2003 
and (EC) No 52/2006 are repealed. 

Article 2 
Entry into force 

This Regulation shall enter into force on the seventh day following that of its publication in 
the Official Journal of the European Union. 

15 
16 
17 
18 
19 

OJ L 344, 28.12.2001, p.17.  
OJ L 356, 31.12.2002, p. 12.  
OJ L 358, 31.12.2002, p.81. 
OJ L 344, 31.12.2003, p. 1.  
OJ L 16, 20.1.2006, p. 184.  

EN 

5 

   EN 

 
                                                 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

EN 

6 

   EN