REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries
Date: 2013-05-17
Institutions: European Commission
Subjects: Atlantic Ocean, North-West Atlantic Fisheries Organisation, disclosure of information, fishing area, fishing controls, international cooperation

EUROPEAN 
COMMISSION 

Brussels, 17.5.2013  
COM(2013) 287 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the exercise of the delegation conferred on the Commission pursuant to Regulation 
(EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 
laying down a scheme of control and enforcement applicable in the area covered by the 
Convention on future multilateral cooperation in the North-East Atlantic fisheries 

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REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the exercise of the delegation conferred on the Commission pursuant to Regulation 
(EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 
laying down a scheme of control and enforcement applicable in the area covered by the 
Convention on future multilateral cooperation in the North-East Atlantic fisheries 

INTRODUCTION 

1. 
The Convention on Future Multilateral Cooperation in North-East Atlantic fisheries1 to which 
the  European  Union  is  a  Contracting  Party  aims  to  ensure  the  long  term  conservation  and 
optimum  utilisation  of  the  fishery  resources  of  the  North  East  Atlantic  area,  providing 
sustainable, environmental and social benefits. 

For  the  purpose  of  ensuring  the  application  of  this  Convention,  the  North-East  Atlantic 
Fisheries  Commission  (NEAFC)  adopted  a  recommendation,  at  its  Annual  Meeting  on  15 
November 2006, establishing a scheme of control and enforcement (the Scheme) applicable to 
all  vessels  used  or  intended  for  use  for  fishing  activities  conducted  on  fishery  resources  in 
areas defined in the Convention. 
Regulation  (EU)  No  1236/20102  lays  down  the  general  rules  and  conditions  for  the 
application  by  the  Union  of  the  Scheme  adopted  by  NEAFC.  It  foresees  certain  specific 
control measures to monitor fishing activities in the area covered by the Convention on Future 
Multilateral  Cooperation  in  North-East  Atlantic  fisheries  and  supplements  the  control 
measures  provided  for  in  Council  Regulation  (EC)  No  1224/2009  of  20  November  2009 
establishing  a  Community  control  system  for  ensuring  compliance  with  the  rules  of  the 
common  fisheries  policy,  and  in  Council  Regulation  (EC)  No  1005/2008  of  29  September 
2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and 
unregulated fishing.  

Regulation  (EU)  No  1236/2010  empowered  the  Commission  to  adopt  delegated  acts  in 
respect of detailed rules supplementing certain elements therein (Article 46(1)), and in respect 
of  amending  a  number  of  provisions  of  the  regulation  concerning  certain  expressly  defined 
non-essential  elements  in  order  to  incorporate  into  Union  law  future  amendments  to  the 
provisions of the Scheme (Article 51). 

2. 

LEGAL BASIS 

The  present  report  is  a  requirement  under  Article  47(1)  of  Regulation  (EU)  No  1236/2010. 
Pursuant  to  this  provision,  the  delegation  is  conferred  on  the  Commission  for  a  period  of  3 
years from 1 January 2011 and the Commission is required to make a report in respect of the 
delegated powers at the latest 6 months before the end of the three-year period. 

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Approved by the Council in Decision 81/608/EEC (OJ L 227, 12.8.1981, p.21). 
Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 
laying  down  a  scheme  of  control  and  enforcement  in  the  area  covered  by  the  Convention  on  Future 
Multilateral  Cooperation  in  North-East  Atlantic  fisheries  and  repealing  Council  Regulation  (EC)  No 
2791/1999 (OJ L 348, 31.12.2010, p.17). 

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3. 

EXERCISE OF THE DELEGATION 

The Commission adopted two delegated acts, one in respect of detailed rules supplementing 
certain elements provided for in Regulation (EU) No 1236/2010, and the other in respect of 
the  incorporation  into  Union  law  of  certain  amendments  to  the  provisions  of  the  Scheme 
which  became  obligatory  to  the  Union.  In  both  cases,  the  exercise  of  the  empowerment 
responds to the need to adapt the EU rules to changes adopted by the NEAFC. In the absence 
of  any  other  decisions  by  NEAFC  to  introduce  changes  relating  to  the  elements  listed  in 
Articles 46 or 51, the Commission has had no need to use the empowerment beyond the two 
cases detailed below. 

3.1. 

Delegated act supplementing Regulation (EU) No 1236/2010 

According to Article 10 of Regulation (EU) No 1236/2010, Member States are to inform the 
Commission  monthly  of  the  quantities  of  fishery  resources  caught  in  the  NEAFC  Area  by 
vessels  flying  their  flag.  To  this  end,  the  list  of  fishery  resources  to  be  reported  should  be 
established. NEAFC adopted Recommendation 2:2011 in November 2010 establishing the list 
of fisheries resources. The recommendation is binding for the Contracting Parties to NEAFC 
and consequently for the Union. 

Pursuant to Article 46(1) of Regulation (EU) No 1236/2010, the Commission is empowered, 
by means of delegated acts, to adopt the list of fishery resources referred to in Article 10(1). 
Commission  Delegated  Regulation  (EU)  No  32/2012  of  14  November  2011  supplementing 
Regulation (EU) No 1236/2010established the list of fishery resources as adopted in NEAFC 
Recommendation 2:2011.  

The Expert Group Fisheries Control was consulted on the draft delegated regulation during its 
meeting  of  13  September  2011.  The  delegated  act  was  adopted  on  14  November  2011  and 
notified to the European Parliament and to the Council. Neither the European Parliament nor 
the Council issued any objection to the delegated act within the period of 2 months provided 
for  in  Article  49(1)  of  Regulation  (EU)  No  1236/2010.  On  the  expiry  of  that  period,  the 
delegated  act  was  published  in  the  Offical  Journal  of  the  EU3  and  entered  into  force  on 
24.01.2012. 

3.2. 

Delegated act amending Regulation (EU) No 1236/2010 

At  its  Annual  Meeting  in  November  2011,  NEAFC  adopted  Recommendation  9:2012 
amending  Article  14  of  the  Scheme  on  the  communication  of  reports  and  messages  to  the 
NEAFC  Secretary.  This  provision  of  the  Scheme  had  been  incorporated  into  Union  law 
through Article 12 of Regulation (EU) No 1236/2010. 

Under Article 51 (d) of Regulation (EU) No 1236/2010, the Commission is empowered, by 
means  of  delegated  acts,  to  amend  the  provisions  of  this  Regulation  concerning 
communication of information to the NEAFC Secretary as referred to in Article 12. 

Commission Delegated Regulation (EU) No 603/2012 of 30 April 2012 amending Regulation 
(EU) No 1236/2010 transposed the amendment of Article 14 of the Scheme into Union law by 
amending Article 12 of Regulation (EU) No 1236/2010 accordingly. 

The Expert Group Fisheries Control was consulted on the draft delegated regulation during its 
meeting of 23 March 2012. The delegated act was adopted on 30 April 2012 and notified to 
the European Parliament and to the Council. Neither the European Parliament nor the Council 
issued any objection to the delegated act within the period of 2 months provided for in Article 

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OJ L 13, 17.1.2012, p.1. 

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49(1) of Regulation (EU) No 1236/2010. On the expiry of that period, the delegated act was 
published in the Offical Journal of the EU4 and entered into force on 8.07.2012. 

4. 

CONCLUSION 

The  Commission  has  properly  exercised  its  delegated  powers  and  invites  the  European 
Parliament and the Council to take notice of this report.  

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OJ L 177, 7.7.2012, p.9. 

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