Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing
Date: 2012-06-21
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, exchange of information, fishing controls, fishing vessel, fraud, ship's flag, third country

EUROPEAN COMMISSION 

Brussels, 21.6.2012  
COM(2012) 332 final 

2012/0162 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1005/2008 establishing a Community system to 
prevent, deter and eliminate illegal, unreported and unregulated fishing 

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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  1005/2008  to  the  new  rules  of  the 
TFEU, powers currently defined by that Regulation have been re-classified into delegated and 
implementing powers.  

Following  this  exercise,  a  draft  proposal  for  amendment  of  Regulation  (EC)  No  1005/2008 
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 
should  be  empowered  to  adopt  delegated  acts  to  grant  exemption  from  notification  of 
information  by  fishing  vessels  or  to  establish  different  notification  periods,  to  determine 
benchmarks  for  inspections  of  landing  and  transhipment  operations  by  third  country  fishing 
vessels, to adapt the catch certification scheme for some fishery products obtained by small 
fishing vessels, including the possibility of using a simplified catch certificate, to amend the 
list  of  products  not  included  in  the  scope  of  the  Regulation,  to  adapt  the  catch  certificate 
submission  deadline  to  the  type  of  fishery  product,  the  distance  to  the  place  of  entry  or  the 
transport  means  used,  to  establish  rules  for  the  granting,  amendment  or  withdrawal  of 
approved economic operators' certificates or for the suspension or revocation of the status of 
approved  economic  operator  and  on  the  conditions  of  validity  of  approved  economic 
operators’  certificates,  and  to  establish  Union  criteria  for  verifications  in  the  context  of  risk 
management. 

Pursuant  to  Article  291  of  the  Treaty,  the  Legislator  confers  implementing  powers  to  the 
Commission  to  ensure  uniform  conditions  for  the  implementation  of  Regulation  (EC)  No 
1005/2008,  specifically:  the  establishment  of  prior  notification  forms,  the  establishment  of 
landing and transhipment declaration procedures and forms, the adoption, in agreement with 
flag  States,  of  catch  certificates  established,  validated  or  submitted  by  electronic  means  or 
based on electronic traceability systems ensuring the same level of control by authorities, the 
determination and modification of the list of catch certification schemes adopted by regional 
fisheries  management  organisations  complying  with 
the 
establishment  of  common  conditions  in  all  Member  States  for  procedures  and  forms  on  the 
application  for  and  issuing  of  approved  economic  operators’  certificates,  of  rules  on 
verifications  of  approved  economic  operator  and  of  rules  on  the  exchange  of  information 
between the approved economic operator and the authorities in the Member States, between 
the Member States and between Member States and the Commission, the establishment of the 
Union IUU vessel list, the removal of vessels from the Union IUU vessel list, the inclusion of 

the  EU  IUU  Regulation, 

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IUU  vessel  lists  adopted  by  regional  fisheries  management  organisations  in  the  Union  IUU 
vessel  list,  the  identification  of  non-cooperating  third  countries,  the  inclusion  of  identified 
third countries on a list of non cooperating third countries, the removal of third countries from 
the list of non-cooperating third countries, the adoption of emergency measures towards third 
countries  in  specific  circumstances,  the  establishment  of  the  format  for  submission  by 
Member States of the information regarding sighted fishing vessels and the establishment of 
rules on mutual assistance. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
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  powers  conferred  upon  the  Commission  in  Council  Regulation  (EC)  No 
1005/2008  and  classify  these  as  delegated  or  implementing  powers  and  adapt  certain 
provisions to the decision-making procedures of the Lisbon Treaty.  

•  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 
1005/2008, 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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2012/0162 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1005/2008 establishing a Community system to 
prevent, deter and eliminate illegal, unreported and unregulated fishing 

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  1005/20081  of  29  September  2008  establishing  a 
Community system to prevent, deter and eliminate illegal, unreported and unregulated 
fishing  confers  powers  upon  the  Commission  in  order  to  implement  some  of  the 
provisions  of  that  Regulation  and  reserves  certain  implementing  powers  to  the 
Council.  

As  a  consequence  of  the  entry  into  force  of  the  Lisbon  Treaty,  certain  powers 
conferred under Regulation (EC) No 1005/2008 need to be aligned with Articles 290 
and 291 of the Treaty on the Functioning of the European Union.  

In order to apply some of the provisions of Regulation (EC) No 1005/2008, the power 
to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the 
European Union should be delegated to the Commission in respect of the following: 

–  the exemption from certain information requirements imposed on fishing vessels 
or  the  establishment  of  different  notification  periods  for  certain  categories  of 
fishing vessels, 

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OJ L 286, 29.10.2008 

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–  the  establishment  of  benchmarks  for  inspections  of  landing  and  transhipment 

operations by third country fishing vessels, 

–  the  establishment  of 

the 

list  of  products  excluded  from 

the  scope  of 

implementation of the catch certificate, 

–  the adaptation of the catch certification scheme for some fishery products obtained 
by  small  fishing  vessels,  including  the  possibility  of  using  a  simplified  catch 
certificate, 

–  the adaptation of the deadline for submitting the catch certificate, on the basis of 
the type of fishery product, the distance to the place of entry into the territory of 
the Union or the transport means used, 

–  the establishment of rules for the granting, amendment or withdrawal of approved 
economic operators' certificates or for the suspension or revocation of the status of 
approved  economic  operator  and  on  the  conditions  of  validity  of  approved 
economic operators’ certificates, and 

–  the  establishment  of  Union  criteria  for  verifications  in  the  context  of  risk 

management. 

(4) 

(5) 

It is of particular importance that the Commission carry out appropriate consultations 
during  its  preparatory  work  for  the  adoption  of  delegated  acts,  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.  

In  order  to  ensure  uniform  conditions  for  the  implementation  of  Council  Regulation 
(EC) No 1005/2008 implementing powers should be conferred upon the Commission 
in  accordance  with  Article  291  of  the  Treaty  on  the  Functioning  of  the  European 
Union in respect of the following: 

–  the establishment of prior notification forms, 

–  the establishment of landing and transhipment declaration procedures and forms, 

–  the  adoption,  in  agreement  with  flag  States,  of  catch  certificates  established, 
validated  or  submitted  by  electronic  means  or  based  on  electronic  traceability 
systems ensuring the same level of control by authorities, 

–  the  determination  and  modification  of  the  list  of  catch  certification  schemes 
adopted  by  regional  fisheries  management  organisations  complying  with  the  EU 
IUU Regulation,  

–  the establishment of common conditions in all Member States for procedures and 
forms  on  the  application  for  and  issuing  of  approved  economic  operators’ 
certificates, of rules on verifications of approved economic operator and of rules 
on the exchange of information between the approved economic operator and the 
authorities  in  the  Member  States,  between  the  Member  States  and  between 
Member States and the Commission, 

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–  the establishment of the Union IUU vessel list,  

–  the removal of vessels from the Union IUU vessel list,  

–  the  inclusion  of  IUU  vessel  lists  adopted  by  regional  fisheries  management 

organisations in the Union IUU vessel list,  

–  the identification of non-cooperating third countries,  

–  the  inclusion  of  identified  third  countries  on  a  list  of  non  cooperating  third 

countries,  

–  the removal of third countries from the list of non-cooperating third countries,  

–  the  adoption  of  emergency  measures  towards  third  countries  in  specific 

circumstances,  

–  the  determination  of  the  format  for  submission  by  Member  States  of  the 

information regarding sighted fishing vessels, and 

–  the establishment of rules on mutual assistance.  

Where the control of Member States is required those powers should be exercised 
in  accordance  with  Regulation  (EU)  No  182/20112  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 powers. 

(6) 

(7) 

(8) 

As a consequence of the entry into force of the Lisbon Treaty, Article 52 needs to be 
deleted. This Article was already used for the establishment of the legal framework for 
the  establishment  of  administrative 
the  simplified  catch  certificate  and  for 
arrangements  with  thrid  countries  under  Article  12(4)  and  20(4).  It  is  still  needed  to 
provide  the  necessary  powers  to  the  Commission  to  adopt  delegated  acts  for  the 
adaptation  of  the  catch  certification  scheme  for  some  fishery  products  obtained  by 
small  fishing  vessels,  including  the  possibility  of  using  a  simplified  catch  certificate 
and implementing powers for the adoption by the Commission, in agreement with flag 
States, of catch certificates that are established, validated and submitted by electronic 
means or replaced by electronic traceability systems ensuring the same level of control 
by authorities.  

As  a  consequence  of  the  entry  into  force  of  the  Lisbon  Treaty,  the  provision  on 
temporary measures which provides for the referral of certain Commission measures 
to the Council under certain conditions needs to be adapted. 

The  provisions  of  Regulation  (EC)  No  1005/2008  concerning  the  establishment  of  a 
list of non-cooperating third countries and the removal of third countries from that list 
confer  decision-making  powers  upon  Council.  As  a  consequence  of  the  entry  into 

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OJ L 55, 28.2.2011, p.13 

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force of the Lisbon Treaty those provisions need to be brought into line with the new 
procedures applicable to the common fisheries policy.  

(9) 

Regulation (EC) No 1005/2008 should therefore be amended accordingly,  

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 1005/2008 is amended as follows: 

1. 

Article 6 is amended as follows: 

a) the following paragraph 1a is added 

“1a)  The  Commission  may  establish  the  form  for  prior  notification  referred  to  in 
paragraph  1  above  by  means  of  implementing  acts  in  accordance  with  the 
examination procedure referred to in Article 54(2).  

b) paragraph 3 is replaced by the following: 

"3.  The  Commission shall  be empowered, in accordance with Article 54a, to  adopt 
delegated acts exempting certain categories of third country fishing vessels from the 
obligation  stipulated  in  paragraph  1  for  a  limited  and  renewable  period,  or  making 
provision  for  another  notification  period  taking  into  account,  inter  alia,  the  type  of 
fishery  product,  the  distance  between  the  fishing  grounds,  landing  places  and  ports 
where the vessels in question are registered or listed.  

2. 

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

"3. Landing and transhipment declaration procedures and forms shall be determined 
by  means  of  implementing  acts.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 54(2)". 

3. 

in Article 9 paragraph 1 is replaced by the following: 

"1. Member States shall carry out inspections in their designated ports of at least 5 % 
of landing and transhipment operations by third country fishing vessels each year, in 
accordance  with  the  benchmarks  determined  on  the  basis  of  risk  management, 
without prejudice to the higher thresholds adopted by regional fisheries management 
organisations. The Commission shall be empowered, in accordance with Article 54a, 
to adopt delegated acts determining those benchmarks."  

4. 

Article 12 is amended as follows: 

a) Paragraph 4a is added: 

"4a  The  Commission  shall,  by  means  of  implementing  acts,  adopt  the  catch 
certificates established in the framework of the cooperation set out in Article 20(4). 
Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 54(2). 

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b) paragraph 5 is replaced by the following: 

"5. The list in Annex I of the products excluded from the scope of implementation of 
the  catch  certificate  may  be  reviewed  each  year.  The  Commission  shall  be 
empowered, in accordance with Article 54a, to adopt delegated acts amending the list 
on the basis of: 

(a) 

the inspections of third country fishing vessels in Member States ports; 

(b) 

the  implementation  of  catch  certification  scheme  for  importation  and 
exportation of fishery products; 

(c) 

the implementation of the Union alert system; 

(d) 

the identification of fishing vessels engaged in IUU fishing; 

(e) 

the identification of nationals supporting or engaged in IUU fishing; 

(f) 

the  implementation  of  provisions  adopted  within  certain  regional  fisheries 
management organisations pertaining to fishing vessels sightings;  

(g) 

the reports from Member States." 

c) the following paragraph 6 is added: 

"6.  The  Commission shall  be empowered, in accordance with Article 54a, to  adopt 
delegated acts adapting the catch certification scheme to fishery products obtained by 
small  fishing  vessels  including,  if  necessary,  a  specimen  for  simplified  catch 
certificate."  

5. 

in Article 13, paragraph 1 is replaced by the following: 

1. Catch documents, and any related documents, validated in conformity with catch 
documentation  schemes  adopted  by  a  regional  fisheries  management  organisation 
which  are  recognised  as  complying  with  the  requirements  laid  down  in  this 
Regulation, shall be accepted as catch certificates in respect of the fishery products 
from species to which such catch documentation schemes apply and shall be subject 
to  the  check  and  verification  requirements  incumbent  upon  the  Member  State  of 
importation in accordance with Articles 16 and 17 and to the provisions on refusal of 
importation laid down in Article 18. The list of such catch documentation schemes 
shall be determined by means of implementing acts. Those implementing acts shall 
be adopted in accordance with the examination procedure referred to in Article 54(2).  

6. 

Article 16 is amended as follows: 

a) paragraph 1 is replaced by the following: 

"1.  The  validated  catch  certificate  shall  be  submitted  by  the  importer  to  the 
competent  authorities  of  the  Member  State  in  which  the  product  is  intended  to  be 
imported  within  a  deadline  initially  set  at  least  three  working  days  before  the 
estimated  time  of  arrival  at  the  place  of  entry  into  the  territory  of  the  Union.  Such 

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deadline of three working days may be adapted, by means of delegated acts adopted 
in accordance with Article 54a, according to the type of fishery product, the distance 
to  the  place  of  entry  into  the  territory  of  the  Union  or  the  transport  means  used. 
Those competent authorities shall, on the basis of risk management, check the catch 
certificate in the light of the information provided in the notification received from 
the flag State in accordance with Articles 20 and 22." 

b) paragraph 3 is replaced by the following: 

“3. The criteria for granting the status of approved economic operator to an importer 
by the competent authorities of a Member State shall include: 

(a) 

the establishment of the importer on the territory of that Member State; 

(b) 

(c) 

(d) 

a  sufficient  number  and  volume  of  import  operations  to  justify  the 
implementation of the procedure referred to in paragraph 2; 

an appropriate record of compliance with the requirements of conservation and 
management measures; 

a  satisfactory  system  of  managing  commercial  and,  where  appropriate, 
transport  and  processing  records,  which  enables  the  appropriate  checks  and 
verifications to be carried out for the purposes of this Regulation; 

(e) 

the  existence  of  facilities  with  regard  to  the  conduct  of  those  checks  and 
verifications; 

(f)  where  appropriate,  practical  standards  of  competence  or  professional 

qualifications directly related to the activities carried out; and 

(g)  where appropriate, proven financial solvency. 

Member  States  shall  communicate  to  the  Commission  the  name  and  address  of  the 
approved economic operators as soon as possible after having granted this status. The 
Commission  shall  make  available  this  information  to  the  Member  States  by 
electronic means.” 

c) the following paragraphs 4 and 5 are added: 

"4.  On  the  basis  of  the  criteria  set  out  in  paragraph  3,  the  Commission  shall  be 
empowered, in accordance with Article 54a, to adopt delegated acts establishing: 

(a) 

rules  on  the  suspension  or  revocation  of  the  status  of  approved  economic 
operator, 

(b) 

rules on the conditions of validity of approved economic operators' certificates, 

(c) 

rules  on  the  granting,  amendment  or  withdrawal  of  approved  economic 
operators' certificates.  

5.  The  Commission  shall  adopt  implementing  acts  in  accordance  with  the 
examination procedure referred to in Article 54(2) concerning:  

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(a) 

procedures and forms on the application for and issuing of approved economic 
operators' certificates, 

(b) 

rules on how to carry out verifications of approved economic operators, 

(c) 

rules on the exchange of information between the approved economic operator 
and  the  authorities  in  the  Member  States,  between  the  Member  States  and 
between Member States and the Commission."  

7. 

in Article 17, paragraph 3 is replaced by the following: 

"3.  Verifications  shall  be  focused  towards  risk  identified  on  the  basis  of  criteria 
developed  at  national  or  Union  level  under  risk  management.  Member  States  shall 
notify  to  the  Commission  their  national  criteria  within  30  working  days  after 
29 October 2008 and update this information. The Commission shall be empowered, 
in  accordance  with  Article  54a,  to  adopt  delegated  acts  determining  the  Union 
criteria  to  allow  timely  risk  analyses  and  global  assessment  of  relevant  control 
information.  

8. 

in Article 27, paragraph 1 is replaced by the following: 

"1.  The  Commission  shall  establish  a  Union  IUU  vessel  list  by  means  of 
implementing acts adopted in accordance with the examination procedure referred to 
in Article 54(2). The list shall include the fishing vessels in relation to which, further 
to the measures taken pursuant to Articles 25 and 26 and on the basis of the criteria 
contained  in  the  same  provisions,  the  information  obtained  in  accordance  with  this 
Regulation establishes that they are engaged in IUU fishing as referred to in Article 3 
and  whose  flag  States  have  not  complied  with  the  official  requests  referred  to  in 
Article  26(2)(b)  and  (c)  and  Article  26(3)(b)  and  (c),  in  response  to  such  IUU 
fishing." 

9. 

in Article 28, paragraph 1 is replaced by the following: 

"1.The Commission shall remove a fishing vessel from the Union IUU vessel list, by 
means of implementing acts adopted in accordance with the examination procedure 
referred to in Article 54(2), if the fishing vessel's flag State demonstrates that: 

(a) 

the vessel did not engage in any of the IUU fishing activities for which it was 
placed on the list; or 

(b)  proportionate, dissuasive and effective sanctions have been applied in response 
to the IUU fishing activities in question, notably for the fishing vessels flying 
the flag of a Member State in accordance with Regulation (EC) No 1224/2009" 

10. 

in Article 30, paragraph 1 is replaced by the following: 

"1. In addition to the fishing vessels referred to in Article 27, fishing vessels included 
in the IUU vessel lists adopted by regional fisheries management organisations shall 
be  included  in  the  Union  IUU  vessel  list  by  means  of  implementing  acts.  Those 
implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 54(2). Removal of such vessels from the Union IUU vessel list 

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shall be governed by the decisions taken with regard to them by the relevant regional 
fisheries management organisation." 

11. 

in Article 31, paragraph 1 is replaced by the following: 

"1.  The  Commission  shall,  by  means  of  implementing  acts,  identify  the  third 
countries that it considers as non-cooperating third countries in fighting IUU fishing 
on  the  basis  of  the  criteria  listed  in  this  Article.  Those  implementing  acts  shall  be 
adopted in accordance with the examination procedure referred to in Article 54(2)." 

12. 

in Article 33, paragraph 1 is replaced by the following: 

"1.  The  Commission  shall,  by  means  of  implementing  acts,  include  the  third 
countries  identified  in  accordance  with  Article  31(1)  on  a  list  of  non  cooperating 
third  countries.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 54(2)." 

13. 

in Article 34, paragraph 1 is replaced by the following: 

"1.  The  Commission shall, by means  of implementing acts, remove a third country 
from  the  list  of  non-cooperating  third  countries  if  the  third  country  concerned 
demonstrates that the situation that warranted its listing has been rectified. A removal 
decision  shall  also  take  into  consideration  whether  the  identified  third  countries 
concerned have taken concrete measures capable of achieving a lasting improvement 
of  the  situation.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 54(2)."  

14. 

Article 36 is replaced by the following 

"Article 36 

Temporary measures 

1.  If  there  is  evidence  that  the  measures  adopted  by  a  third  country  undermine  the 
conservation and management measures adopted by a regional fisheries management 
organisation, the Commission may establish, by means of implementing acts and in 
line with its international obligations,  temporary  measures lasting no more than six 
months to alleviate the effects of such third country measures. The Commission may 
take  a  new  decision  to  extend  those  temporary  measures  for  no  more  than  six 
months. 

2. The temporary measures referred to in paragraph 1 may provide that: 

(a) 

fishing  vessels  authorised  to  fish  and  flying  the  flag  of  the  third  country 
concerned shall not be granted access to the ports of Member States, except in 
case  of  force  majeure  or  distress  as  referred  to  in  Article  4(2)  for  services 
strictly necessary to remedy those situations; 

(b) 

fishing  vessels  flying  the  flag  of  a  Member  State  shall  not  be  authorised  to 
engage  in  joint  fishing  operations  with  vessels  flying  the  flag  of  the  third 
country concerned; 

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(c) 

fishing vessels flying the flag of a Member State shall not be authorised to fish 
in  maritime  waters  under  the  jurisdiction  of  the  third  country  concerned, 
without prejudice to the provisions set out in bilateral fishing agreements; 

(d)  provision of live fish for fish farming in maritime waters under the jurisdiction 

of the third country concerned shall not be authorised; 

(e) 

live fish caught by fishing vessels flying the flag of the third country concerned 
shall not be accepted for the purposes of fish farming in maritime waters under 
the jurisdiction of a Member State. 

3.  Temporary  measures  shall  have  immediate  effect.  They  shall  be  notified  to  the 
Member  States  and  to  the  third  country  concerned  and  published  in  the  Official 
Journal of the European Union." 

15. 

in Article 49, paragraph 1 is replaced by the following: 

"1. Member States which obtain suitably documented information regarding sighted 
fishing vessels shall transmit this information without delay to the Commission or to 
the body designated by it with the format determined by means of implementing acts. 
Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 54(2)." 

16. 

in Article 51, paragraph 3 is replaced by the following: 

"3. The Commission shall be empowered to adopt, by means of implementing acts, 
rules on mutual assistance concerning:  

(a) 

administrative  cooperation  between  Member  States,  third  countries,  the 
Commission  and  the  body  designated  by  it,  including  protection  of  personal 
data  and  use  of  information  and  protection  of  professional  and  commercial 
secrecy, 

(b) 

costs of executing a requests for assistance, 

(c) 

designation of Member States' single authority,  

(d) 

(e) 

communication of follow-up measures taken by national authorities further to 
exchange of information, 

request  for  assistance,  including  requests  for  information,  requests  for 
measures  and  requests  for  administrative  notifications  and  establishing 
deadlines for replies, 

(f) 

information without prior request and 

(g)  Member States' relations with the Commission and with thrid countries. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  the  examination 
procedure referred to in Article 54(2).” 

17. 

Article 52 is deleted.  

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18. 

Article 54 is replaced by the following: 

"Article 54 
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." 

19. 

the following Article 54a is inserted: 

"Article 54a 

Exercise of the delegation 

The power to adopt delegated acts is conferred on the Commission subject to 

1. 
the conditions laid down in this Article.  

The delegation of powers referred to in Articles 6(3), 9(1), 12(5), 12(6), 16(1), 

2. 
16(4) and 17(3) shall be conferred for an indeterminate period of time. 

3. 
The delegation of powers referred to in Articles 6(3), 9(1), 12(5), 12(6), 16(1), 
16(4) and 17(3) 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. 

As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

4. 
simultaneously to the European Parliament and to the Council.  

5. 
A  delegated  act  adopted  pursuant  to  Articles  6(3),  9(1),  12(5),  12(6),  16(1), 
16(4) and 17(3) 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." 

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 

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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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