Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel
Date: 2012-07-26
Institutions: European Commission
Subjects: European Commission, conservation of fish stocks, delegation of power, fish

EUROPEAN COMMISSION 

Brussels, 26.7.2012  
COM(2012) 413 final 

2012/0201 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery 
of the stock of European eel 

EN 

   EN 

 
 
 
  
 
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  relation  to  the  adoption  of  Regulation  (EU)  No  182/2011,  the  Commission  made  the 
following statement: 

"The Commission will proceed to an examination of all legislative acts in force which were 
not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon 
Treaty, in order to assess if those instruments need to be adapted to the regime of delegated 
acts introduced by Article 290 of the Treaty on the Functioning of the European Union. The 
Commission  will  make  the  appropriate  proposals  as  soon  as  possible  and  no  later  than  the 
dates mentioned in the indicative calendar annexed to this declaration1." 

In this context Regulation (EC) No 1100/2007 needs to be aligned with the new rules of the 
TFEU.  Powers  currently  conferred  upon  the  Commission  by  that  Regulation  should  be 
reclassified into delegated and implementing powers. 

The Commission should therefore be empowered to adopt delegated acts to take measures to 
address  a  significant  decline  of  average  market  prices  for  eels  used  for  restocking,  as 
compared to those of eels used for other purposes.  

Likewise the Commission should be empowered to adopt implementing acts concerning the 
approval of Eel Management Plans by the Commission on the basis of technical and scientific 
data. 

Article  9(3)  provides  for  adoption  by  the  Council  of  alternative  measures  to  achieve 
escapement  target  levels.  The  current  text  therefore  confers  the  power  to  amend  this  non-
essential  element  of  the  Regulation  on  the  Council.  Such  decision  making  procedure  is  no 
longer possible under the TFEU and that provision should be deleted. 

Article  1(2)  of  the  Regulation  has  become  obsolete  as  it  was  established  by  Commission 
Decision 2008/292/EC of 4 April 20082 that the Black Sea and the river systems connected to 
it did not constitute a natural eel habitat for European eel for the purposes of the Regulation. 
That provision should therefore be deleted.  

In  addition,  Article  3  of  the  Regulation  has  become  obsolete  as  Commission  Decision 
2009/310/EC  of  2  April  20093  approved  requests  by  Cyprus,  Malta,  Austria,  Romania  and 
Slovakia  to  be  exempted  from  the  from  the  obligation  to  prepare  an  Eel  Management  Plan. 

1 
2 
3 

OJ L 55, 28.2.2011, p.19 
OJ L 98, 10.4.2008, p. 14 
OJ L 91, 3.4.2009, p. 23 

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2 

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There  are  no  pending  requests  for  exemption  from  that  obligation.  That  provision  should 
therefore be deleted.  

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 

The  main  legal  action  is  to  identify  the  powers  conferred  upon  the  Commission  in  Council 
Regulation (EC) No 1100/2007 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  amends  measures  which  already  exist  in  Regulation  (EC)  No  1100/2007, 
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. 

EN 

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   EN 

2012/0201 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery 
of the stock of European eel 

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 Committee,  

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

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Council  Regulation  (EC)  No  1100/20074  confers  powers  upon  the  Commission  in 
order to implement some of the provisions of that Regulation. 

As a consequence of that entry into force of the Lisbon Treaty, the powers conferred 
under  Regulation  (EC)  No  1100/2007  upon  the  Commission  need  to  be  aligned  to 
Articles 290 and 291 of the Treaty on the Functioning of the European Union. 

In  order  to  apply  certain  provisions  of  Regulation  (EC)  No  1100/2007,  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 taking measures 
to address a significant decline of average market prices for eels used for restocking, 
as compared to those of eels used for other purposes.  

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.  

4 

OJ L 248, 22.9.2007, p. 17.  

EN 

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   EN 

                                                 
(6) 

(7) 

(8) 

(9) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  the  provisions  of 
Regulation (EC) No 1100/2007 concerning the approval of Eel Management Plans by 
the  Commission  on  the  basis  of  technical  and  scientific  data,  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 powers5. 

The Commission will not be in a position to report to the European Parliament and the 
Council  on  the  measures  concerning  restocking,  including  the  evolution  of  market 
prices by 1 July 2011, due to late transmission by some Member States of the relevant 
information.  The  deadline  for  this  report  should  therefore  be  postponed  to  31 
December 2012.  

The current text of the Regulation concerning the power to adopt alternative measures 
for  the  achievement  of  escapement  targets  confers  this  power  to  amend  this  non-
essential  element  of  the  Regulation  on  the  Council.  As  such  decision  making 
procedure  is  no  longer  possible  under  the  TFEU,  the  provision  concerned  should  be 
deleted. 

It  was  established  by  Commission  Decision  2008/292/EC  of  4  April  20086  that  the 
Black Sea and the river systems connected to it did not constitute a natural eel habitat 
for  European  eel  for  the  purposes  of  the  Regulation.  Therefore  Article  1(2)  of  the 
Regulation has become obsolete and should be deleted.  

(10)  Commission  Decision  2009/310/EC  of  2  April  20097  approved  requests  by  Cyprus, 
Malta, Austria, Romania and Slovakia to be exempted from the from the obligation to 
prepare an Eel Management Plan. There are no pending requests for exemption from 
that obligation. Therefore Article 3 of the Regulation has become obsolete and should 
be deleted.  

(11)  Regulation (EC) No 1100/2007 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 1100/2007 is amended as follows: 

(1) 

In Article 1, paragraph 2 is deleted.  

(2) 

Article 3 is deleted.  

(3) 

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

5 
6 
7 

OJ L 55, 28.2.2011, p.13 
OJ L 98, 10.4.2008, p. 14 
OJ L 91, 3.4.2009, p. 23 

EN 

5 

   EN 

                                                 
"1. 
The  Eel  management  plans  shall  be  approved  by  the  Commission  by  means  of 
implementing  acts  adopted  in  accordance  with  the  examination  procedure  referred  to  in 
Article 12b(2)" 

(4) 

In Article 7, paragraphs 6 and 7 are replaced by the following: 

"6. In the event of a significant decline of average market prices for eels used for restocking, 
as  compared  to  those  of  eels  used  for  other  purposes,  the  Member  State  concerned  shall 
inform the Commission. The Commission, by means of delegated acts adopted in accordance 
with Article 12a and in order to address the situation, may temporarily reduce the percentages 
of eels used for restocking as referred to in paragraph 2. 

7. The Commission shall, not later than 31 December 2012, report to the European Parliament 
and the Council and evaluate the measures concerning restocking including the evolution of 
market prices." 

(5) 

(6) 

1. 

2. 

3. 

4. 

5. 

In Article 9, paragraph 3 is deleted. 

The following Articles 12a and 12b are inserted: 

"Article 12a  
Exercise of the delegation 

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

The  delegation  of  powers  referred  to  in  Article7(6)  shall  be  conferred  for  an 
indeterminate period of time. 

The delegation of powers referred to in Article 7(6) 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 simultaneously to 
the European Parliament and to the Council.  

A  delegated  act  adopted  pursuant  to  Article  7(6)  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. 

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Article 12b 
Committee procedure 

1. 

2. 

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.  

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 publications 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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