Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 2187/2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound
Date: 2012-10-17
Institutions: European Commission
Subjects: Baltic Sea, European Commission, conservation of fish stocks, fishing area, fishing controls, fishing rights, powers of the institutions (EU)

EUROPEAN 
COMMISSION 

Brussels, 17.10.2012  
COM(2012) 591 final 

2012/0285 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 2187/2005 for the conservation of fishery 
through technical measures in the Baltic Sea, the Belts and the Sound 

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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  2187/2005  to  the  new  rules  of  the 
TFEU,  powers  currently  conferred  on  the  Commission  by  that  Regulation  have  been  re-
classified into delegated measures and implementing measures. 

Pursuant  to  Article  290  TFEU,  the  legislator  may  delegate  to  the  Commission  the  task  of 
supplementing  or  amending  certain  non-essential  parts  of  Regulation  (EC)  No  2187/2005. 
The  Commission  should  therefore  be  empowered  to  adopt  delegated  acts  to  amend  the 
technical  specifications  of  two  parts  of  the  fishing  gears  improving  selectivity:  namely  the 
Bacoma type exit window and the netting in the codend and extension piece being turned 90° 
(T90  trawl).  Pursuant  to  Article  291  TFEU,  the  legislator  may  confer  implementing  powers 
upon  the  Commission  to  ensure  uniform  conditions  for  the  implementation  of  Regulation 
(EC)  No  2187/2005.  Implementing  powers  are  necessary  to  ensure  that  the  Commission  is 
able to adopt a decision requiring a Member State to withdraw or modify national measures 
whenever these are not in accordance with the Regulation (EC) No 2187/2005. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

There was no need for consultation of interested parties or for an impact assessment. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  main  legal  action  is  to  identify  the  powers  confered  upon  the  Commission  by  Council 
Regulation (EC) No 2187/2005 and to clasify 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 the exclusive competence of the European Union. 

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•  Proportionality principle 

The proposal covers amending measures which already exist in Council Regulation (EC) No 
2187/2005; therefore no concern arises as regards the principle of proportionality. 

•  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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2012/0285 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 2187/2005 for the conservation of fishery through 
technical measures in the Baltic Sea, the Belts and the Sound 

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) 

(4) 

(5) 

1 
2 

Council  Regulation (EC) No 2187/2005  of  21 December  2005  for  the  conservation  of  fishery 
through technical measures in the Baltic Sea, the Belts and the Sound 2 confers powers upon the 
Commission in order to implement some of the provisions of that Regulation. 

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred upon the 
Commission under Regulation (EC) No 2187/2005 need to be aligned to Articles 290 and 291 
of the Treaty on the Functioning of the European Union. 

Implementing  powers  should  be  conferred  on  the  Commission  in  order  to  ensure  uniform 
conditions for the implementation of Regulation (EC) No 2187/2005 as regards measures taken  
by Member States which apply only to fishing vessels flying their flag. 

Powers to adopt detailed rules for the implementation of Regulation  (EC) No 2187/2005 are no 
longer required. The provision conferring those powers should therefore be deleted. 

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  to  amend  rules  concerning  the 
construction  of  the  certain  gears.  Such  amendments  should  reflect  changes  occuring  in  the 
selectivity  patterns    of  the  fishery,  new  technical  knowledge  on  materials  for  construction  or 
changes in the rigging of the gear which may enhance gear selectivity. 

OJ L 349, 31.12.2005, p. 1.  

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(6) 

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

(7) 

Regulation (EC) No 2187/2005 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 2187/2005 is amended as follows: 

(1) 

In Article 26, paragraph 5 is replaced by the following: 

"5.  If  the  Commission  concludes  that  the  measures  do  not  comply  with  the  conditions  laid 
down  in  paragraph  1  it  shall  adopt  an  implementing  decision  requiring  the  Member  State  to 
withdraw or modify the measures." 

(2) 

(3) 

Article 28 is deleted. 

Article 29 is replaced by the following: 

"Article 29 
Amendments to Appendices 1 and 2 of Annex II 

The Commission shall be empowered to adopt delegated acts in accordance with Article 29a 
to amend or supplement Appendices 1 and 2 of Annex II by adapting specifications of the gear 
to: 

 (a)  changes in selectivity; 

(b) 

improvements in technical knowledge on new materials for gear construction; 

(c) 

changes to rigging that enhance gear selectivity." 

(4) 

The following Article 29a is inserted: 

"Article 29a 

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 powers referred to in Article 29 shall be conferred for an indeterminate 
period of time. 

3.  The  delegation  of  powers  referred  to  in  Article  29  may  be  revoked  by  the  European 
Parliament  or  by  the  Council  at  any  time.  A  decision  of  revocation  shall  put  an  end  to  the 

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delegation of the power specified in that decision. It shall take effect on 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 the Commission adopts a delegated act, it shall notify it simultaneously to the 
European Parliament and to the Council. 

5. A delegated act adopted pursuant to Article 29 shall enter into force only if no objection has 
been  expressed  either  by  the  European  Parliament  or  by  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 of the Council." 

Article 2 

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

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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