COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council on the Common Fisheries Policy
Date: 2013-10-18
Institutions: European Commission
Subjects: aquaculture, common fisheries policy, conservation of fish stocks, fishery resources, fishing fleet, fishing industry, fishing licence

EUROPEAN 
COMMISSION 

Brussels, 18.10.2013  
COM(2013) 733 final 

2011/0195 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council on the Common Fisheries Policy 

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2011/0195 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council on the Common Fisheries Policy 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council 
(document COM(2011) 425 final – 2011/0195 COD):  

13 July 2011 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

28 March 2012 

Date of the opinion of the Committee of the Regions: 

4 May 2012 

Date of the position of the European Parliament, first reading: 

6 February 2013 

Date of adoption of the position of the Council: 

17 October 2013 

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The overall objective of the proposal for a new Regulation on the Common Fisheries Policy is 
to ensure fishing and aquaculture activities that provide long-term sustainable environmental 
conditions and contribute to the availability of food suplies.  

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

3.1.  General comments on Council position: 

The  Commission  agrees  with  the  Council  position,  as  the  compromise  political  agreement 
between  the  European  Parliament  and  the  Council  maintains  all  the  key  elements  of  the 
Commission's original proposal. Most importantly, it includes 1) a legal obligation subject to 
deadlines  to  manage  fish  stocks  sustainably,  2)  a  legal  obligation  subject  to  deadlines  to 
eliminate discarding of fish, 3) a system of regionalization allowing decision making as close 
as  possible  to  stakeholders.  Other  amendments,  including  on  multiannual  plans,  rules  on 
access  to  waters,  establishment  of  fish  stock  recovery  areas,  allocation  of  fishing 
opportunities,  management  of  fishing  capacity,  data  collection,  the  external  dimension, 
control and enforcement and consultation and composition of advisory councils are acceptable 
for the Commission as well. 

3.2.  Amendments by the European Parliament at first reading: 

The European Parliament introduced over 230 amendments, on all parts of the COM proposal. 
Most of these amendments were composed of more than one paragraph of an Article. 

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During trilogues all amendments of the European Parliament were reviewed and negotiated. 
As a result, no one amendment was fully integrated in the Council position at first reading, 
with  the  exception  of:  amendment  116  (on  MS  emergency  measures),  118  (avoidance  and 
minimization  of  unwanted  catches),  137  (system  of  transferable  fishing  concessions),  243 
(expert group on compliance), 196 (contribution to control costs), 200 (on the creation of new 
Advisory Councils). These were integrated without or with only minor adjustments. 

For many of the European Parliament amendments the Council position is formulated in such 
a way that it incorporates (at least partially, or wholly) the thrust of the amendments. This is 
the case in particular for Article 2 (objectives, amendments 60, 61, 235), Article 3 (principles 
of  good  governance,  amendments  62,  220),  Articles  6,  7  and  8  (general  provisions  on 
conservation  measures,  types  of  measures  and  establishment  of  fish  stock  recovery  areas, 
amendments 101, 102, 103), the technical measures (amendments 104, 295), Articles 9 and 10 
(multiannual plans, amendments 105, 106, 107, 108, 239), Article 11 (conservation measures 
in relation to compliance under Union environmental legislation, amendments 109, 111, 258), 
Article  12  (Commission  emergency  measures,  amendment  115),  Article  15  (landing 
obligation, amendment 119), Articles 16 and 17 (fishing opportunities, amendments 120, 227, 
264,  293,  301),  Articles  20  and  21  (MS  conservation  measures,  amendments  131-136), 
Articles 22-24 (on fleet capacity management, amendments 138, 241, 139, 140, 141), Article 
25  (science  base  for  fisheries  management  and  consultation  of  the  Scientific,  Technical, 
Economic  Committee  for  Fisheries,  amendments  142-160,  285),  Articles  28-32  (external 
policy,  amendments  161-176,  230),  Article  34  (aquaculture,  amendments  178-181,  242), 
Article  35  (common  market  organization,  amendments  183-188),  Article  44  (Advirsory 
Councils,  amendment  201,  202),  and  new  Articles  49  and  50  (on  evaluation  and  annual 
reporting by the Commission, amendments 209, 210).  

In  article  18  (regionalization,  amendments  121-130)  only  few  elements  of  the  Parliament's 
amendments  are  integrated  in  the  Council  position  (Parliament  accepted  the  Council's 
alternative  model,  as  reflected  in  the  Council  text).  Amendments  to  Article  36  (control  and 
enforcement,  amendments  189-193,  195,  225,  226)  and  Articles  41  and  42  (on  financial 
instruments amendments 197, 199, 302) were incorporated only partly in the Council position.  

3.3.  New provisions introduced by Council and Commission position in this regard: 

The  Council  introduced  no  new  provisions  other  than  those  already  introduced  by  the 
European Parliament (fish stock  recovery  areas, avoidance of unwanted catches, transparent 
criteria for MS when allocating quotas).  

Council  did  nonetheless  expand  the  scope  for  regionalization,  from  multiannual  plans  and 
technical  measures  frameworks  only,  to  measures  under  environmental  obligations,  to 
adoption of specific discard plans, and to other conservation measures. The Commission can 
accept the regionalization model and a broader scope for the redrafted regionalization model. 

Council also changed the Commission's proposal on management of fishing capacity. While 
agreeing with the Parliament in eliminating the obligation for Member States to introduce a 
system  of  transferable  fishing  concessions,  Council  reintroduced  the  system  as  optional, 
where  Member  States  have  the  possibility  to  decide  on  the  introduction  of  transferable 
concessions. Council and Parliament have agreed on this optional system in combination with 
continuation  of  existing  fleet  capacity  measures,  and  addition  of  the  obligation  for  Member 
States to develop where appropriate action plans to achieve the balance between their fleets 
and their fishing opportunities over time. The Commission can accept this compromise as it 
can  be  effective  in  adjusting  fleet  capacity  in  combination  with  the  financial  conditionality 
introduced in the agreed text, which the Commission considers proportionate. 

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Problems  encountered  in  the  adoption  of  the  position  at  first  reading  and 

3.4. 
Commission position in this regard: 

During  finalization  of  negotations  an  agreement  was  reached  on  empowerment  of  the 
Commission,  through  delegated  and  implementing  Acts.  The  Commission  can  accept  the 
agreed  arrangements.  In  particular  the  modalities  for  delegated/implementing  Acts  under 
regionalization  meet  the  institutional  requirements  and  will  contribute  to  deliver  a  more 
effective policy.  

However,  concerning  specific  institutional  provisions  in  the  regionalization  model  (Article 
18)  and  the  limitation  of  Commission  powers  under  Comitology  in  relation  to  Article  22 
(implementing  rules  for  the  entry-exit  regime),  the  Commission  sees  the  need  to  make 
statements to clarify its position. 

Similarly  the  Commission  sees  a  need  to  make  a  statement  on  its  position  in  relation  to 
provisions in Part VI (external policy) and in particular in Article 28 paragraph 3.  

4. 

CONCLUSION 

The Commission can agree with the Council position which is the outcome of the negotiations 
with  the  European  Parliament.  Nevertheless,  the  Commission  sees  the  need  to  make 
statements in relation to Articles 18.1 and 18.3, 18.7, and 18.8, to Part VI (in particular Article 
28.3) and to Article 47.2 second part (in relation to Article 22), as follows.  

Ad Article 18 
(on  paragraphs  1  and  3)  The  Commission  underlines  that  the  empowerment  of  the  Commission  to 
adopt  measures  set  out  in  the  Member  States'  joint  recommendations  by  means  of  implementing  or 
delegated acts cannot affect the Commission's discretion to adopt such acts.  
(on  paragraph  7)  The  ability  of  the  Member  States  having  a  direct  management  interest  to  prepare 
common joint recommendations cannot affect the Commission's exclusive right of initiative to submit 
proposals in the Common Fisheries Policy field.  
(on paragraph 8) In the light of Article 2(1) TFEU, paragraph 8 cannot be understood as conferring 
automatically, in the absence of further Union legislation, an authorization on Member States to adopt 
legally binding acts in an area of exclusive Union competence. In case the Commission considers that 
such acts are not compatible with the Common Fisheries Policy objectives, Member States should act 
in  accordance  with  the  principle  of  loyal  cooperation  in  order  to  remove  any  incompatibility  with 
Union law. 
Ad Part VI and in particular Article 28 paragraph 3 
The provisions of Part VI on the External policy are not susceptible to affect the validity of Council 
decisions or negotiating directives from the Council to the Commission in accordance with Article 218 
TFEU or of agreements concluded with third states or organizations in accordance with Article 218 
TFEU. 
Ad Article 47 paragraph 2 second part 
The  Commission  underlines  that  it  is  contrary  to  the  letter  and  to  the  spirit  of  Regulation  182/2011 
(OJ L 55 of 28.2.2011, p. 13) to invoke Article 5 § 4, subparagraph 2, point b) in a systematic manner. 
Recourse to this provision must respond to a specific need to depart from the rule of principle which is 
that the Commission may adopt a draft implementing act when no opinion is delivered. Given that it is 
an  exception  to  the  general  rule  established  by  Article  5  §  4  recourse  to  subparagraph  2,  point  b) 
cannot  be  simply  seen  as  a  "discretionary  power"  of  the  Legislator,  but  must  be  interpreted  in  a 
restrictive manner and thus must be justified. 

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