Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea
Date: 2011-08-09
Institutions: European Commission
Subjects: Mediterranean Sea, catch quota, conservation of fish stocks, fishery resources, fishing controls, fishing vessel

EUROPEAN COMMISSION 

Brussels, 9.8.2011 
COM(2011) 479 final 

2011/0218 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1967/2006 concerning management measures for 
the sustainable exploitation of fishery resources in the Mediterranean Sea 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The Treaty on the Functioning of the European Union (TFEU) makes a distinction between 
the powers delegated to the Commission to adopt non-legislative acts of general application to 
supplement  or  amend  certain  non-essential  elements  of  the  legislative  act  as  laid  down  in 
Article 290(1) of the TFEU (delegated acts), and the powers conferred upon the Commission 
to  adopt  uniform  conditions  for  implementing  legally  binding  Union  acts  as  laid  down  in 
Article 291(2) of the TFEU (implementing acts). 

In  the  context  of  the  alignment  of  Regulation  (EC)  No  1967/2006  to  the  new  rules  of  the 
TFEU,  powers  currently  conferred  to  the  Commission  by  that  Regulation  have  been  re-
classified into measures of delegated nature and measures of implementing nature.  

Following  this  exercise,  a  draft  proposal  for  amendment  of  Regulation  (EC)  No  1967/2006 
has been prepared.  

Pursuant  to  Article  290  of  the  Treaty,  the  Legislator  gives  the  Commission  the  task  to 
complete or modify certain non-essential elements of that Regulation.  

The  Commission  may  therefore  adopt  delegated  act  to  grant  derogations  to  some  of  the 
provisions  of  that  Regulation  when  such  possibility  is  explicitly  foreseen  and  provided  that 
the  strict  conditions  set  out  by  that  Regulation  are  fulfilled  (article  4  and  13).  The 
Commission  is  empowered  to  adopt  the  criteria  to  be  applied  for  the  establishment  and 
allocation  of  fish  aggregating  devices  (FAD)  course  lines  for  dolphinfish  fishery  in  the  25-
mile management zone around Malta (article 27). Similarly, the Commission is empowered to 
adopt detailed rules for further technical specifications on the characteristics of fishing gears 
(Annex  I  paragraph  (B)  3  and  Annex  II  paragraph  7)  which  will  supplement  existing 
characteristics of gears. In addition, the Commission shall adopt delegated acts regarding the 
amendments to the Annexes of this Regulation.  

RESULTS  OF  CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND 

2. 
IMPACT ASSESSMENTS 

There was no need for consultation of interested parties or for impact assessment.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Identify the delegated powers of the Commission in Council Regulation (EC) No 1967/2006 
and establish the corresponding procedure for adoption of these acts.  

•  Legal basis 

Article 43(2) of the Treaty on the Functioning of the European Union.  

•  Subsidiarity principle 

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The proposal falls under exclusive competence of the European Union. 

•  Proportionality principle 

The  proposal  is  amending  measures  which  already  exist  in  Council  Regulation  (EC)  No 
1967/2006, therefore no concern on the principle of proportionality arises.  

•  Choice of instrument 

Proposed instrument: Regulation of the European Parliament and of the Council.  

Other means would not be adequate for the following reason: a Regulation must be amended 
by a Regulation.  

4. 

BUDGETARY IMPLICATION  

This measure does not involve any additional Union expenditure.  

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2011/0218 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1967/2006 concerning management measures for the 
sustainable exploitation of fishery resources in the Mediterranean Sea 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) 
thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

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

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

– 

– 

– 

Council  Regulation  (EC)  No  1967/20061  confers  powers  upon  the  Commission  in  order  to 
implement some of the provisions of that Regulation.  

As  a  consequence  of  the  entry  into  force  of  the  Lisbon  Treaty,  the  powers  conferred  under 
Regulation (EC) No 1967/2006 upon the Commission need to be aligned to Articles 290 of the 
Treaty on the Functioning of the European Union. 

In order to apply some of the provisions of Regulation (EC) No 1967/2006, the power to adopt 
acts  in  accordance  with  Article  290  of  the  Treaty  should  be  delegated  to  the  Commission  in 
respect of the following: 

the granting of derogations where they are specifically provided for in that Regulation; 

the  setting  of  criteria  to  be  applied  for  the  establishment  and  allocation  of  fish  aggregating 
devices (FAD) course lines for dolphin fish fishery in the 25-mile management zone around 
Malta;  

the adoption of detailed rules for further technical specifications of square mesh panels to be 
inserted into towed nets;  

1 

OJ L 409, 30.12.2006, p. 11.  

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– 

– 

(4) 

(5) 

(6) 

the adoption of technical specifications limiting the maximum dimension of float line, ground 
rope,  circumference  or  perimeter  of  trawl  nets  along  with  the  maximum  number  of  nets  in 
multi-rig trawl nets, and  

the amendments to the Annexes to Regulation (EC) No 1967/2006. 

It is of particular importance that the Commission carry out appropriate consultations during its 
preparatory work, including at expert level. The Commission, when preparing and drawing-up 
delegated  acts,  should  ensure  a  simultaneous,  timely  and  appropriate  transmission  of  relevant 
documents to the European Parliament and Council. 

For clarity reasons the reference to seagrass beds of Posidonia oceanica in article 4(5) should be 
modified. 

Further technical and scientific information is needed to duly take into account the specificities 
of  the  Mediterranean  fisheries  to  enable  the  Commission  to  establish  possible  technical 
specifications limiting the maximum dimension of trawl nets and the maximum number of nets 
in multi-rig trawl nets, as mentioned above; 

(7) 

Regulation (EC) No 1967/2006 should therefore be amended accordingly,  

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 1967/2006 is amended as follows: 

(1) 

In Article 4(5), the introductory phrase is replaced by the following: 

"5.  By  way  of  derogation  from  subparagraph  1  of  paragraph  1,  the  Commission  may,  by 
means of delegated acts adopted in accordance with Article 30a, authorise fishing by vessels 
of less than or equal to 12 metres overall length and engine power of less than or equal to 85 
kW  with  bottom  towed  nets  traditionally  undertaken  above  seagrass  beds  of  the  type 
Posidonia oceanica, provided that:" 

(2) 

Article 13 is amended as follows: 

(a) 

Paragraph 5 is replaced by the following: 

"5.  Member  States  may  request  a  derogation  from  paragraphs  1,  2  and  3.  The  Commission 
may,  by  means  of  delegated  acts  adopted  in  accordance  withArticle  30a,  allow  such 
derogations  on  condition  that  they  are  justified  by  specific  geographical  features  of  the  sea 
areas  concerned,  such  as  the  limited  size  of  continental  shelf  along  the  entire  coastline  of  a 
Member State or the limited extent of trawlable fishing grounds, where the fisheries have no 
significant impact on the marine environment and affect a determined group of vessels of the 
Member  State  or,  as  the  case  may  be,  of  other  Member  States,  and  provided  that  those 
fisheries  cannot  be  undertaken  with  another  gear  and  are  subject  to  a  management  plan  as 
referred  to  in  Articles  18  or  19.  Member  States  shall  provide  up-to-date  scientific  and 
technical justifications for such derogations." 

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(b) 

Paragraph 10 is replaced by the following: 

"10.  Derogations  from  paragraphs  1  and  2  shall  be  allowed,  by  means  of  delegated  acts 
adopted  in  accordance  with  Article  30a,  for  fisheries  benefiting  from  a  derogation  under 
Article 4(5) ." 

(3) 

In Article 26(3), the first subparagraph is replaced by the following: 

"If  the  overall  fishing  capacity  referred  to  in  paragraph  2(a)  exceeds  the  overall  fishing 
capacity of trawlers with an overall length equal to, or less than, 24 metres and operating in 
the  management  zone  in  the  reference  period  2000-2001  (hereinafter,  "the  reference  fishing 
capacity"),  the  Commission  shall,  by  means  of  delegated  acts  adopted  in  accordance  with 
Article  30a,  distribute  that  surplus  of  available  fishing  capacity  between  the  Member  States 
taking into account the interest of the Member States requesting an authorisation."  

(4) 

In Article 27(3) the second subparagraph is replaced by the following: 

"The Commission shall, by means of delegated acts adopted in accordance with Article 30a, 
establish the criteria to be applied for the establishment and allocation of FAD course lines." 

(5) 

Article 30 is replaced by the following: 

"The  Annexes  shall  be  amended  by  means  of  delegated  acts  adopted  in  accordance  with 
Article 30a." 

(6) 

The following Article 30a is inserted: 

"Article 30a 

Exercise of the delegation 

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions 
laid down in this Article.  

2. The delegation of powers referred to in Articles 4(5), 13(5) and (10), the first subparagraph 
of  Article  26(3),  the  second  subparagraph  of  Article  27(3),  Article  30,  Annex  I(B)(3)  and 
Annex II(7) shall be conferred for an indeterminate period of time from the date of the entry 
into force of this Regulation. 

3. The delegation of powers referred to in Articles 4(5), 13(5) and (10), the first subparagraph 
of 26(3), the second subparagraph of 27(3), Article 30, Annex I(B)(3) and Annex II(7) may be 
revoked at any time by the European Parliament or by the Council. A decision of revocation 
shall put an end to the delegation of the power specified in that decision. It shall take effect the 
day following the publication of the decision in the Official Journal of the European Union or 
at a later date specified therein. It shall not affect the validity of any delegated acts already in 
force.  

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the 
European Parliament and to the Council.  

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5. A delegated act adopted pursuant to Articles 4(5), 13(5) and (10), the first subparagraph of 
Article 26(3), the second subparagraph of Article 27(3), Article 30, Annex I(B)(3) and Annex 
II(7)  shall  enter  into  force  only  if  no  objection  has  been  expressed  either  by  the  European 
Parliament  or  the  Council  within  a  period  of  2  months  of  notification  of  that  act  to  the 
European  Parliament  and  the  Council  or  if,  before  the  expiry  of  that  period,  the  European 
Parliament and the Council have both informed the Commission that they will not object. That 
period  shall  be  extended  by  2  months  at  the  initiative  of  the  European  Parliament  or  the 
Council." 

(7) 

In Annex I, section B, point 3 is replaced by the following: 

"3. Square mesh panels may be inserted into any towed net and shall be placed in front of any 
extension piece or at any point between the front of any extension piece and the posterior of 
the cod-end. It shall not be obstructed in any way by either internal or external attachments. It 
shall be constructed of knotless netting or of netting constructed with non-slip knots, and shall 
be inserted in such a way that the meshes remain fully open at all times while fishing. Detailed 
rules for further technical specifications of square mesh panels shall be established by means 
of delegated acts adopted in accordance with Article 30a ." 

(8) 

In Annex II, point 7 is replaced by the following: 

"7.  Technical  specifications  limiting  the  maximum  dimension  of  floatline,  groundrope, 
circumference or perimeter of trawl nets along with the maximum number of nets in multi-rig 
trawl  nets  may  be  established  by  the  Commission  by  means  of  delegated  acts  adopted  in 
accordance with Article 30a." 

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

Article 2 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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