Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
Date: 2012-06-07
Institutions: European Commission
Subjects: EU Member State, EU waters, exploitation of resources, fishery resources, fishing controls, fishing fleet, fishing rights

EUROPEAN COMMISSION 

Brussels, 7.6.2012  
COM(2012) 277 final 

2012/0143 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 2371/2002 on the conservation and sustainable 
exploitation of fisheries resources under the Common Fisheries Policy 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Article  17(2),  first  subparagraph,  of  Council  Regulation  (EC)  No  2371/2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy1  establishes  a  derogation  for  the  12  nautical  mile  zone  of  Member  States  (territorial 
waters)  from  the  general  equal  access  rule  for  Union  fishing  vessels  to  Union  waters  and 
resources  set  out  in  Article  17(1)  of  that  Regulation,  authorizing  Member  States  to  restrict 
access to certain vessels in that zone. The access restrictions put in place by Member States on 
the  basis  of  that  derogation  have  reduced  fishing  pressure  in  the  most biologically  sensitive 
areas and have contributed to economic stability for small scale, coastal activities.  

The derogation is in place from 1 January 2003 to 31 December 2012. The continuation of the 
12 nautical mile access regime is foreseen in Article 6(2) of the proposal for a new Regulation 
for the Common Fisheries Policy2. In the event that the reform of the CFP is not concluded by 
the end of 2012, it is necessary to extend the validity of the 12 nautical mile access regime 
with a time limit until the entry into force of the new Regulation of the European Parliament 
and  of  the  Council  on  the  Common  Fisheries  Policy,  to  ensure  that  fishing  activities  can 
continue without interruption from 1 January 2013.  

In  accordance  with  Article  17(2),  second  subparagraph,  of  Regulation  (EC)  No  2371/2002, 
the  Commission  presented  a  report  to  the  European  Parliament  and  the  Council  on  the 
arrangements concerning the access to resources within the 12 nautical mile zones of Member 
States3.  It  is  noted  in  the  report  that  the  access  regime  is  very  stable  and  has  continued  to 
operate satisfactorily since 2002.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The proposal concerns the time limited extension of the validity of an existing access regime, 
currently  set  out  in  Article  17(2)  of  Regulation  (EC)  No  2371/2002.  The  extension  of  the 
access regime, until 31 December 2022, is included in Article 6(2) of the proposal for a new 
Regulation on the Common Fisheries Policy, which was covered by IA SEC(2011)891. There 
was therefore no need for consultation of interested parties or for a new impact assessment. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The main action is to avoid a discontinuation of the specific access regime set out in Article 
17(2) of Regulation (EC) No 2371/2002, in the event that the proposal for a Regulation of the 
European  Parliament  and  of  the  Council  on  the  Common  Fisheries  Policy  has  not  been 
adopted and entered into force by 31 December 2012.  

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2 
3 

OJ L 358, 31.12.2002, p. 59. 
COM(2011)425 
COM(2011)418. 

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•  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 Union. 

•  Proportionality principle 

This proposal includes the time limited extension of the validity of a measure which already 
exists in Regulation (EC) No 2371/2002, therefore no concern on the proportionality principle 
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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2012/0143 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 2371/2002 on the conservation and sustainable 
exploitation of fisheries resources under the Common Fisheries Policy 

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 Committee4,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Union fishing vessels have equal access to Union waters and resources subject to the 
rules of the Common Fisheries Policy. 

Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation 
and  sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries 
Policy5 provides for a derogation from the equal access rule, by authorising Member 
States to restrict fishing to certain vessels in waters up to 12 nautical miles from their 
baselines.  

On 13 July 2011 the Commission presented a report to the European Parliament and 
the  Council,  in  accordance  with  Council  Regulation  (EC)  No  2371/2002,  on  the 
arrangements  concerning  access  to  fisheries  resources  within  the  12  nautical  mile 
zone6,  which  concluded  that  the  access  regime  is  very  stable  and  has  continued  to 
operate satisfactorily since 2002.  

Rules  in  place  restricting  access  to  resources  within  that  zone  have  benefitted 
conservation by restricting fishing effort in the most sensitive part of Union waters. 
Those rules have also preserved traditional fishing activities which are important for 
the social and economic development of certain coastal communities. 

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5 
6 

OJ C […], […], p. […]. 
OJ L 358, 31.12.2002, p. 59. 
COM(2011)418. 

EN 

4 

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(5) 

The  derogation  entered  into  force  on  1  January  2003  and  it  is  to  expire  on  31 
December  2012.  Its  validity  should  be  extended  pending  the  adoption  of  the  new 
Regulation of the European Parliament and of the Council on the Common Fisheries 
Policy7.  

(6) 

Regulation (EC) No 2371/2002 should therefore be amended accordingly. 

HAVE ADOPTED THIS REGULATION: 

Article 1 

In Article 17(2) of Regulation (EC) No 2371/2002, the first subparagraph is replaced by the 
following:  

"2. In the waters up to 12 nautical miles from baselines under their sovereignty or jurisdiction, 
Member  States  shall  be  authorised  from  1  January  2013  until  31  December  2014  to  restrict 
fishing  to  fishing  vessels  that  traditionally  fish  in  those  waters  from  ports  on  the  adjacent 
coast, without prejudice to the arrangements for Union fishing vessels flying the flag of other 
Member  States  under  existing  neighbourhood  relations  between  Member  States  and  the 
arrangements  contained  in  Annex  I,  fixing  for  each  Member  State  the  geographical  zones 
within the coastal bands of other Member States where fishing activities are pursued and the 
species concerned." 

Article 2 

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

It shall apply from 1 January 2013.  

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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COM(2011)425. 

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