Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks
Date: 2012-04-02
Institutions: European Commission
Subjects: Baltic Sea, catch quota, fishing area, fishing rights, sea fish

EUROPEAN COMMISSION 

Brussels, 2.4.2012  
COM(2012) 155 final 

2012/0077 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a 
multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those 
stocks 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

CONTEXT OF THE PROPOSAL 

The  objective  of  this  proposal  is  to  amend  Council  Regulation  (EC)  No  1098/2007  of  18 
September 2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the 
fisheries exploiting those stocks ("the plan"). This act was adopted prior to the entry into force 
of the Treaty on the Functioning of the European Union (TFEU).  

The  plan  has  as  its  core  objective  to  ensure  that  Baltic  cod  stocks  can  be  exploited  under 
sustainable  economic,  environmental  and  social  conditions.  To  attain  it,  the  plan  lays  down 
rules for the establishment of the annual fishing opportunities for this stock in terms of total 
allowable catch and fishing effort. Such rules use certain technical parameters, by reference to 
which  the  stock  can  be  considered  to  be  in  better  or  worse  conservation  status,  therefore 
closer  to  or  further  away  from  the  plan's  objective.  These  parameters  are  science-based  and 
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.  

Furthermore, Article 27 of the Regulation stipulates that if scientific advice indicates that that 
the fishing mortality rates are disaccording with the objectives of the plan, the Council must 
by  qualified  majority  revise  mortality  rates  as  to  ensure  that  the  plan  can  attain  its 
management  objectives.  The  current  text  therefore  confers  the  power  to  amend  these  non-
essential elements of the plan on the Council. Such decision-making procedure is no longer 
possible under the TFEU. 

Similarly, Article 26 provides for modification by the Council of certain non-essential 
elements of the plan to ensure that the objectives are met.  

Article 290 of the TFEU provides that a legislative act may delegate to the Commission the 
power  to  adopt  non-legislative  acts  of  general  application  to  supplement  or  amend  certain 
non-essential  elements  of  the  legislative  act.  By  way  of  consequence,  the  decision-making 
procedure foreseen in Article 26 and 27 of the Regulation should be converted into a system 
of  delegated  powers  to  be  exercised  by  the  Commission  under  the  conditions  set  out  in  the 
plan itself. The plan should therefore be amended accordingly.  

The  plan  requires  evaluation  of  the  impact  of  the  management  measures  on  the  stocks 
concerned  and  on  the  fisheries  concerned.  The  timeline  set  in  the  Regulation  in  force  is 
neither feasible nor efficient. This requirement encounters considerable difficulties due to the 
limited  availability  of  relevant  data  to  carry  out  appropriate  assessment.  According  to 
scientific advice a full evaluation of 3 year performance of the plan cannot be conducted until 
5 years from the commencement of the plan. Consequently, the timeline for evaluation of the 
plan should be modified. 

Implementing powers should be given to the Commission to confirm whether the conditions 
established  in  Article  29  of  this  Regulation  are  fulfilled  and,  consequently  whether  relevant 
provisions apply in the subdivisions concerned. 

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Additionally,  the  Commission  and  Member  States  signed  up  to  the  aim  of  achieving  a 
maximum  sustainable  yield  (MSY)  for  depleted  stocks  by  2015  at  the  latest,  but  it  is  not 
indicated as objective of the plan. To avoid any ambiguities in the plan the reference to the 
maximum sustainable yield should be included in the plan. 

Article  5  and  8  should  be  amended  accordingly  to  clarify  that  the  procedure  at  issue  is  that 
provided for by the Treaty. 

This amendment is primarily aimed at changes enabling this plan to work efficiently within 
the new decisional framework set up by the Lisbon Treaty. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Not applicable 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

• Summary of the proposed action 

The  main  legal  action  is  to  identify  the  powers  conferred  upon  the  Commission  in  Council 
Regulation (EC) No 1098/2007 and to classify these 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 exclusive competence of the European Union. 

• Proportionality principle 

The  proposal  is  amending  measures  which  already  exist  in  Council  Regulation  (EC)  No 
1098/2007, 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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2012/0077 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a 
multi-annual plan for the cod stocks in the Baltic Sea 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, 

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

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

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

To avoid any ambiguity and ensure consistency with international commitments of the 
Union for achieving a maximum sustainable yield for depleted stocks, the objectives 
of  multi-annual  plan  for  the  cod  stocks  in the Baltic Sea and  the fisheries exploiting 
those  stocks,  established  by  Council  Regulation  (EC)  No  1098/20072,  should  be 
clarified accordingly. 

Regulation  (EC)  No  1098/2007  provides  for  the  follow-up  and  revision  of  the 
minimum fishing mortality rates specified therein in case of inadequacy of those rates 
to meet the objectives of that plan. 

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

In  order  to  achieve  in  an  efficient  way  the  targets  set  out  in  Regulation  (EC)  No 
1098/2007 and be able to react swiftly to changes in stock conditions or in fishery, the 
power to adopt acts in accordance with Article 290 of the Treaty should be delegated 
to the Commission in respect of the revision of the minimum fishing mortality rates, 
when scientific data indicate that the rates are no longer appropriate and measures are 
not sufficient to reach the objectives of the plan. It is of particular importance that the 

1 
2 

OJ C, , p. . 
OJ L 248, 22.9.2007 

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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 to the Council. 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  Article  29  of 
Regulation  (EC)  No  1098/2007,  implementing  powers  should  be  conferred  upon  the 
Commission. 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. 

To  ensure  the  efficiency  of  an  evaluation  of  the  plan's  performance  the  timeline  of 
evaluation provided for in Regulation (EC) No 1098/2007 should be modified. 

In  addition,  the  decision  making  procedure  concerning  the  setting  of  fishing 
opportunities  referred  to  in  Regulation  (EC)  No  1098/2007  should  be  clarified 
following the entry into force of the Treaty on the Functioning of the European Union.  

The proposed amendments are therefore primarily aimed at changes enabling the plan 
to work efficiently within the new decisional framework set up by the Lisbon Treaty. 

(5) 

(6) 

(7) 

(8) 

(9) 

(10)  Regulation (EC) No 1098/2007 should therefore be amended accordingly,  

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 1098/2007 is amended as follows: 

(1) 

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

"The plan shall ensure the sustainable exploitation of the cod stocks concerned on the 
basis  of  maximum  sustainable  yield  by  gradually  reducing  and  maintaining  the 
fishing mortality rates at levels no lower than:"  

(2) 

In Article 5, paragraph 1 is replaced by the following: 

"1. Each year the Council shall decide in accordance with the Treaty on the TACs for 
the cod stocks concerned for the following year."  

(3) 

In Article 8, paragraph 3 is replaced by the following: 

"3.  The  Council  shall  decide  each  year  in  accordance  with  the  Treaty  on  the 
maximum number of days absent from port outside periods specified in paragraph 1 
in  the  following  year  when  fishing  with  the  gear  referred  to  in  paragraph  1  is 
allowed, in accordance with the rules set out in paragraphs 4 and 5."  

3 

OJ L 55, 28.2.2011, p. 13. 

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(4) 

Article 26 is replaced by the following: 

"Article 26 

Evaluation of the plan 

"Every  five  years  from  18  September  2007,  the  Commission  shall  evaluate  the 
operation  and  performance  of  this  multi-annual  plan.  Where  appropriate,  the 
Commission  may  propose  adaptations  to  the  multi-annual  plan  or  adopt  delegated 
acts in accordance with Article 27." 

(5) 

Article 27 is replaced by the following: 

"Article 27 

Revision of minimum fishing mortality rates  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 29a to revise the minimum fishing mortality rates set out in Article 4, when 
scientific  data  indicates  that  the  values  for  the  minimum  fishing  mortality  rates  are 
disaccording with the objectives of the management plan." 

(6) 

In Article 29 paragraphs 2, 3 and 4 are replaced by the following: 

"2.  Article  8(1)(b),  (3),  (4)  and  (5)  shall  not  apply  to  ICES  Subdivisions  27  and/or 
28.2  if  there  is  evidence  that  catches  of  cod  in  those  ICES  Subdivisions  are  lower 
than 3% of the total cathes of cod in Area B. The Commission shall, each year, by 
means  of  implementing  acts  and  on  the  basis  of  the  reports  from  Member  States 
referred  to  in  paragraph  1  and  of  scientific  data,  confirm  whether  such  evidence 
exists and, consequently, whether the restrictions provided for in Article 8(1)(b), (3), 
(4)  and  (5)  apply  in  the  subdivisions  concerned.  Those  implementing  acts  shall  be 
adopted in accordance with the examination procedure referred to in Article 29b(2)"  

3. Article 8(1)(b), (3), (4) and (5) shall only apply to ICES Subdivision 28.1, if there 
is evidence that the catches of cod are higher than 1.5% of the total catches of cod in 
Area B. The Commission shall, each year, by means of implementing acts and on the 
basis of the reports from Member States referred to in paragraph 1 and of scientific 
data,  confirm  whether  such  avidence  exists  and,  consequently,  whether  the 
restrictions provided for in Article 8(1)(b), (3), (4) and (5) apply in the subdivision 
concerned.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 29b(2)" 

4.  The  implementing  acts  referred  to  in  paragraphs  2  and  3  shall  apply  from  1 
January to 31 December of the following year." 

(7) 

The following Chapter VIa is inserted: 

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"Chapter VIa 

"Article 29 a 

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 26 and 27 shall be conferred on the 
Commission for an indeterminate period of time. 

3. The delegation of power referred to in Articles 26 and 27 may be revoked at any 
time  by  the  European  Parliament  or  by  the  Council.  A  decision  to  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 Articles 26, and 27 shall enter into force only 
if no objection has been expressed either by the European Parliament or the Council 
within a period of two 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 two months at the initiative of the European Parliament 
or the Council." 

"Article 29b 

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."  

"Article 29c 

Council decisions 

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

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This Regulation shall enter into force on the twentieth 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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