Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks
Date: 2012-01-31
Institutions: European Commission
Subjects: European Commission, catch quota, delegated legislation, fishing controls, fishing rights

EUROPEAN COMMISSION 

Brussels, 31.1.2012 
COM(2012) 21 final 

2012/0013 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a 
long-term plan for cod stocks and the fisheries exploiting those stocks 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

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

The  objective  of  this  proposal  is  to  bring  Regulation  (EC)  No  1342/2008  of  18  December 
2008  establishing  a  long-term  plan  for  cod  stocks  and  the  fisheries  exploiting  those  stocks 
(‘the cod plan’) into line with the new rules of the TFEU. The powers currently conferred on 
the  Commission  by  that  Regulation  have  been  re-classified  into  measures  of  a  delegated 
nature and measures of an implementing nature. 

The  core  objective  of  the  plan  is  to  ensure  the  sustainable  exploitation  of  cod  stocks  in  the 
geographical areas of the Kattegat, the North Sea, the West of Scotland and the Irish Sea on 
the basis of maximum sustainable yield (Article 5(1)). To attain that objective, the plan lays 
down  rules  for  establishing  the  annual  fishing  opportunities  for  this  stock  in  terms  of  total 
allowable  catch  and  maximum  allowable  fishing  effort.  Such  rules  use  certain  technical 
parameters  by  reference  to  which  the  stock  can  be  considered  to  be  in  a  better  or  worse 
conservation  status,  therefore  closer  to  or  further  away  from  the  plan’s  objective.  These 
parameters are science-based; they are not a policy choice. Science may evolve and improve, 
and the plan needs to contain the necessary provisions to ensure it is kept up to date with the 
best science available. 

Thus,  Article  10(1)  of  the  Regulation  stipulates  that  if  it  appears  in  the  light  of  scientific 
advice that the fishing mortality rates and associated spawning stock biomass levels used for 
the purposes of the plan are no longer appropriate, the Council must revise such parameters so 
as  to  ensure  that  the  plan  can  attain  its  management  objectives.  The  Regulation  in  force 
therefore confers the power to amend these non-essential elements of the plan on the Council. 
Such a decision-making procedure is no longer possible under the TFEU. 

Similarly, the Commission should be empowered also to adopt delegated acts to amend other 
non-essential  elements  of  Regulation  (EC)  No  1342/2008,  such  as  certain  technical 
parameters of Annex I, when the need arises and provided that the strict conditions laid down 
by that Regulation are fulfilled. 

Delegated powers should also be given for setting rules on the adjustment of the fishing effort 
where a group of vessels is excluded from or re-included in the effort regime; on the method 
for  calculating  fishing  capacity;  on  the  calculation  method  for  adapting  the  maximum 
allowable fishing effort; and on changes to the composition of the geographical areas and gear 
groupings. 

Implementing  powers  should  be  given  to  the  Commission  to  establish  the  procedure  and 
format for transmitting information to the Commission, and the format of the special fishing 
permit and of the list of vessels holding a special permit. 

EN 

2 

   EN 

 
In addition, the decision-making procedure set out in Article 30 should be clarified following 
the entry into force of the TFEU. 

The proposed amendments are therefore changes that will enable the plan to work efficiently 
within the new decision-making framework set up by the Lisbon Treaty. 

In line with the above a draft proposal for amending Regulation (EC) No 1342/2008 has been 
prepared  and  the  Commission  is  asked  to  adopt  this  proposal  as  soon  as  possible,  and  to 
forward it to the Council and the European Parliament. 

2. 

RESULTS  OF  CONSULTATIONS  WITH  INTERESTED  PARTIES  AND 
IMPACT ASSESSMENTS 

There  was  no  need  for  interested  parties  to  be  consulted  or  for  an  impact  assessment  to  be 
carried out. 

3. 

• 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The  main  thrust  of  the  action  is  to  identify  the  powers  conferred  on  the  Commission  by 
Council  Regulation  (EC)  No  1342/2008  and  to  classify  them  as  delegated  or  implementing 
powers. 

• 

Legal basis 

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

• 

Subsidiarity principle 

The proposal falls under the exclusive competence of the European Union. 

• 

Proportionality principle 

The proposal amends measures that already exist in Council Regulation (EC) No 1342/2008, 
so the question of the proportionality principle does not arise. 

• 

Choice of instrument 

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

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

4. 

BUDGETARY IMPLICATION 

This measure does not involve any additional Union expenditure. 

EN 

3 

   EN 

 
2012/0013 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a 
long-term plan for cod stocks and the fisheries exploiting those stocks 

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, 

Having regard to the opinion of the European Economic and Social Committee1,  

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

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Council  Regulation  (EC)  No  1342/2008  of  18  December  2008  establishing  a  long-
term  plan  for  cod  stocks  and  the  fisheries  exploiting  those  stocks  and  repealing 
Regulation  (EC)  No  423/20042  empowers  the  Council  to  monitor  and  revise  the 
maximum fishing mortality rates and associated spawning stock biomass levels. 

In accordance with Article 290 of the Treaty the Commission may be empowered to 
supplement  or  amend  certain  non-essential  elements  of  a  legislative  act  by  means  of 
delegated acts. 

In  order  to  amend  or  supplement  non-essential  elements  of  the  provisions  of 
Regulation  (EC)  No  1342/2008,  the  power  to  adopt  acts  in  accordance  with  Article 
290 of the Treaty should be delegated to the Commission in respect of the following: 

–  changes  to  the  established  values  for  the  maximum  fishing  mortality  rates  and 
associated  spawning  stock  biomass  levels,  when  the  target  fishing  mortality  rate 
has been reached; 

–  the rules concerning the adjustment of the fishing effort where a group of vessels 

is excluded from or re-included in the effort regime; 

OJ L 348, 24.12.2008, p. 20. 

1 
2 

EN 

4 

   EN 

 
                                                 
 
–  the rules concerning the method for calculating the fishing capacity referred to in 
Article  14(3)  and  the  adjustment  of  the  maximum  capacity  levels  due  to 
permanent cessation of fishing activities and capacity transfers; 

–  the rules concerning the calculation method for adapting the maximum allowable 

fishing effort in relation to quota management; 

–  the rules concerning the calculation method for adapting the maximum allowable 

fishing effort following transfer of effort across effort groups; 

–  changes  to  the  composition  of  the  geographical  areas  and  gear  groupings 

established in Annex I. 

(4) 

(5) 

(6) 

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

In accordance with Article 291of the Treaty, in order to implement legally binding acts 
in  uniform  conditions,  implementing  acts  are  to  confer  implementing  powers  on  the 
Commission. 

In order to ensure uniform conditions for the implementation of Regulation (EC) No 
1342/2008,  implementing  powers  should  be  conferred  on  the  Commission  in  respect 
of detailed rules on the procedure and format for transmitting the information required 
under this Regulation to the Commission, and the format of the special fishing permit 
and  of  the  list  of  vessels  holding  such  special  permit.  Those  powers  should  be 
exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council of 16 February 2011 laying down the rules and general 
principles concerning mechanisms for control by Member States of the Commission’s 
exercise of implementing powers3. 

(7) 

The decision-making procedure set out in Article 30 should be clarified following the 
entry into force of the Treaty on the Functioning of the European Union. 

(8) 

Regulation (EC) No 1342/2008 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 1342/2008 is amended as follows: 

(1) 

Article 10(1) is replaced by the following: 

‘1. The Commission shall be empowered to adopt delegated acts in accordance with 
Article  31a  concerning  the  changes  to  the  values  for  the  levels  set  out  in  Articles 

3 

OJ L 55, 28.2.2011, p. 13. 

EN 

5 

   EN 

 
 
                                                 
5(2),  6  and  7(2),  when  the  target  fishing  mortality  rate  in  Article  5(2)  has  been 
reached  or  where  scientific  data  indicate  that  this  target,  or  the  minimum  and 
precautionary  spawning  biomass  levels  established  in  Article  6,  or  the  levels  of 
fishing  mortality  rates  given  in  Article  7(2),  are  no  longer  appropriate  in  order  to 
maintain a low risk of stock depletion and a maximum sustainable yield.’ 

(2) 

Article 11 is amended as follows: 

(a)  Paragraph 3 is replaced by the following: 

‘3.  Member  States  shall  provide  annually  appropriate  information  to  the 
Commission to establish that the above conditions are and remain fulfilled.’ 

(b)  The following paragraphs 4 and 5 are added: 

‘4.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with  Article  31a  to  lay  down  rules  concerning  the  adjustment  of  the  fishing  effort 
where  a  group  of  vessels  is  excluded  from  or  re-included  in  the  effort  regime 
pursuant  to  Article  11(2)  and  where  a  vessel  no  longer  complies  with  the 
requirements specified in the decision on exclusion. 

5. Detailed rules on the procedure and format for transmitting to the Commission the 
information  referred  to  in  paragraph  11(3)  may  be  adopted  by  the  Commission  by 
way  of  implementing  acts  in  accordance  with  the  procedure  referred  to  in  Article 
32(2).’ 

(3) 

In Article 14 the following paragraph 5 is added: 

‘5. Member States shall keep the Commission informed of the basis for calculating 
the maximum fishing capacity referred to in paragraph 3 and of any adjustments due 
to permanent cessation of fishing activities and capacity transfers pursuant to Article 
16(3).’ 

(4) 

The following Article14a is inserted: 

‘Article 14a 

Commission’s powers 

1. The Commission shall be empowered to adopt delegated acts in accordance with 
Article  31a  in  order  to  specify  the  rules  concerning  the  method  for  calculating  the 
fishing  capacity  referred  to  in  Article  14(3)  and  adjusting  the  maximum  capacity 
levels due to permanent cessation of fishing activities and capacity transfers pursuant 
to Article 16(3). 

2. The Commission may adopt, by way of implementing acts in accordance with the 
procedure referred to in Article 32(2), detailed rules on the following: 

EN 

6 

   EN 

 
(a)  the  format  of  the  special  fishing  permit  referred  to  in  Article  14(2)  and  the 
procedures  whereby  the  Member  States  make  available  the  list  of  vessels  holding 
that special permit as referred to in Article 14(4); 

(b)  the  procedure  and  format  for  transmitting  to  the  Commission  the  information 
referred to in Article 14(5).’ 

(5) 

In Article 16 the following paragraphs 4, 5 and 6 are inserted: 

‘4. Member States shall keep the Commission informed of any adaptations of effort 
in accordance with this Article. 

5. The Commission shall be empowered to adopt delegated acts in accordance with 
Article  31a  to  lay  down  rules  concerning  the  calculation  method  enabling  Member 
States  to  adapt  the  maximum  allowable  fishing  effort  in  relation  to  quota 
management. 

6. Detailed rules on the procedure and format for transmitting to the Commission the 
information referred to in paragraph 4 may be adopted by the Commission by way of 
implementing acts in accordance with the procedure referred to in Article 32(2).’ 

(6) 

In Article 17 the following paragraphs 6, 7 and 8 are inserted: 

‘6. Member States shall keep the Commission informed of any adaptations of effort 
in accordance with this Article. 

7. The Commission shall be empowered to adopt delegated acts in accordance with 
Article  31a  to  lay  down  rules  concerning  the  calculation  method  enabling  Member 
States  to  adapt  the  maximum  allowable  fishing  effort  following  transfer  of  effort 
across effort groups. 

8. Detailed rules on the procedure and format for transmitting to the Commission the 
information referred to in paragraph 6 may be adopted by the Commission by way of 
implementing acts in accordance with the procedure referred to in Article 32(2).’ 

(7) 

Article 30 is replaced by the following: 

‘Article 30 

Decision-making procedure 

Where this Regulation provides for decisions to be taken by the Council, the Council 
shall act in accordance with the Treaty.’ 

(8) 

In Article 31, the introductory phrase is replaced by the following: 

‘The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  31a  to  amend  Annex  I  to  this  Regulation  on  the  basis  of  the  following 
principles:’ 

(9) 

The following Article 31a is inserted: 

EN 

7 

   EN 

 
‘Article 31a 

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 power referred to in Articles 10(1), 11(4), 14(a)(1), 16(5), 17(7) 
and 31 shall be conferred for an indeterminate period of time.  

3.  The  delegation  of  powers  referred  to  in  Articles  10(1),  11(4),  14(a)(1),  16(5), 
17(7)  and  31  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.  

5. A delegated act adopted pursuant to in Articles 10(1), 11(4), 14(a)(1), 16(5), 17(7) 
and  31  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.’ 

(10)  Article 32 is replaced by the following: 

‘Article 32 

Committee procedure 

1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture 
established by Article 30 of Regulation (EC) No 2371/2002. That Committee shall be 
a committee within the meaning of Regulation (EU) No 182/2011. 

2.  Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply.’ 

This Regulation shall enter into force on the 20th day following that of its publication in the 
Official Journal of the European Union. 

Article 2 

EN 

8 

   EN 

 
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 

EN 

9 

   EN