Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 1380/2013 on the Common Fisheries Policy
Date: 2017-08-11
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: authorised catch, catch by species, catch quota, common fisheries policy, conservation of fish stocks, fishing area, fishing controls, fishing rights, sea fish, sea fishing

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   EUROPEAN COMMISSION  Brussels, 11.8.2017  COM(2017) 424 final 2017/0190 (COD)   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 1380/2013 on the Common Fisheries Policy  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
Regulation  (EU)  No  1380/20131  introduced  the  so-called  landing  obligation,  i.e.  the 
progressive  obligation  to  land  all  catches  for  stocks  under  catch  limits  or  under  minimum 
conservation  reference  size.  In  principle,  the  details  of  the  implementation  of  the  landing 
obligation are to be defined in regional multi-annual management plans adopted through co-
decision.  However,  since  it  was  expected  that  the  adoption  of  multi-annual  plans  would 
require some time, as a temporary solution, Regulation 1380/2013 provided for the adoption 
of  Commission  delegated  acts  establishing  discard  plans  shaped 
joint 
recommendation  of  the  Member  States  concerned  for  a  period  of  no  more  than  three  years. 
Discard plans may contain provisions on fisheries or species already  covered by the landing 
obligation, or sometimes introducing it before the deadline envisaged by the Regulation (EU) 
No  1380/2013,  providing  for  among  others  de  minimis  and  high  survivability  exemptions, 
provisions  on  the  documentation  on  catches  and,  where  appropriate, the  fixing  of  minimum 
conservation reference sizes.  

through 

The  first  Commission  delegated  regulations  establishing  discard  plans  entered  into  force  on 
the 1 January 2015 and are expiring at the end of 2017. After the expiration of the initial three 
years  period,  Regulation  1380/2013  empowers  the  Commission  to  adopt  delegated  acts 
containing  exclusively  de  minimis  exemptions,  since,  in  principle,  the  multi-annual  plans 
should  be  used  to  achieve  the  objective  of  sustainable  exploitation  of  marine  biological 
resources  reflecting  the  specificities  of  different  fisheries  and  contain  the  necessary 
empowerments for the adoption of delegated acts including the other flexibilities required for 
the smooth implementation of the landing obligation.  

To date, only the Baltic multiannual plan is in place2, whereas two Commission proposals for 
a multiannual plan for demersals in the North Sea and for small pelagics in the Adriatic are 
currently  under  negotiation  between  the  co-legislators3.  Against  this  background,  it  is 
necessary to set the empowerment of the Commission to adopt discard plans for a further total 
period of up to three years to facilitate the implementation of the landing obligation.    

• 

Consistency with existing policy provisions in the policy area 

This proposal is linked to a fundamental provision of the reformed Common Fisheries Policy, 
the landing obligation. It is intended to facilitate its smooth implementation, by empowering 
the  Commission  to  adopt  through  delegated  act  the  necessary  flexibilities,  for  as  long  as 
regional multi-annual plans adopted through co-decision are not in place.    

1 
Regulation (EU) 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the 
Common  Fisheries  Policy,  amending  Council  Regulations  (EC)  No  1954/2003  and  (EC)  No  1224/2009  and 
repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC, 
OJ L 354, 28.12.2013, p. 22–61. 
2 
Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing 
a  multiannual plan for  the  stocks of  cod,  herring  and  sprat  in  the  Baltic  Sea  and  the fisheries  exploiting  those 
stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007, 
OJ L 191, 15.7.2016, p. 1. 
3 

COM/2016/0493 final - 2016/0238 (COD) and COM/2017/097 final - 2017/043 (COD). 

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• 

Consistency with other Union policies 

By contributing to the smooth implementation of the landing obligation, which is intended to 
increase selectivity and reduce unwanted catches, the proposal contributes to environmental, 
social and economic sustainability, which are key objectives of several Union policies.   

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  of  the  proposal  is  article  43(2)  of  the  Treaty  on  the  Functioning  of  the 
European  Union,  according  to  which  the  European  Parliament  and  the  Council,  acting  in 
accordance  with  the  ordinary  legislative  procedure,  may  adopt  provisions  necessary  for  the 
pursuit of the objectives of the common fisheries policy. 

• 

Subsidiarity (for non-exclusive competence)  

Not applicable, as this proposal falls under exclusive EU competence. 

• 

Proportionality 

The  proposal  is  merely  intended  to  extend  the  empowerment  of  the  Commission  to  adopt 
delegated acts establishing discard plans for an additional period of three years, because of the 
delay in the adoption of multi-annual plans. This extension is necessary and appropriate for 
the  smooth  implementation  of  the  landing  obligation.  Given  its  strict timeframe,  it does  not 
raise any issues of proportionality. 

• 

Choice of the instrument 

Only  a  Regulation  adopted  by  the  European  Parliament  and  by  the  Council  may  amend  a 
regulation  adopted  by  the  European  Parliament  and  by  the  Council  through  the  ordinary 
legislative  procedure  in  line  with  article  43(2)  of  the  Treaty  on  the  functioning  of  the 
European Union. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable 

This  is  a  simple  temporary  extension  of  Commission  empowerment  to  adopt  discard  plans 
through  delegated  acts  until  multiannual  plans  covering  also  the  implementation  of  the 
landing obligation at sea basin level and species in accordance with art 10(1)a of Regulation 
1380/2013  are  in  place.  An  evaluation  of  the  entire  reformed  Common  Fisheries  Policy  is 
therefore not necessary. 

• 

Stakeholder consultations 

Although no formal consultation has been carried out because of the urgency of the issue, the 
Commission has received several letters both from national authorities and from stakeholders 
expressing their concerns about the current lack of empowerment to renew the discard plans 
that expire at the end of the year.  

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The landing obligation is an important paradigm shift and, as such, its implementation is very 
challenging for the sector. Against this background, it is necessary to ensure the possibility to 
put in place the necessary flexibilities to facilitate the phasing-in of the landing obligation.   

An  extensive  public  and  expert  consultation  took  place  before  the  adoption  of  the 
Commission  proposal  for  the  reformed  Common  Fisheries  Policy  Regulation,  including  on 
the provisions related to the landing obligation. 

• 

Collection and use of expertise 

N/A  

This  is  merely  a  temporary  extension  of  Commission  empowerment  to  adopt  discard  plans 
through  delegated  acts  until  multiannual  plans  covering  also  the  implementation  of  the 
landing obligation at sea basin level are in place. An extensive public and expert consultation 
took place before the adoption of Commission proposal for the reformed Common Fisheries 
Policy Regulation, including on the provisions related to the landing obligation. 

• 

Impact assessment 

N/A  

This  is  merely  a  temporary  extension  of  Commission  empowerment  to  adopt  discard  plans 
through  delegated  acts  until  multiannual  plans  covering  also  the  implementation  of  the 
landing obligation at sea basin level are in place. Since the economic, environmental or social 
impact of the proposal is not significant, a new impact assessment is not required. 

A full impact assessment was carried out before the adoption of Commission proposal for the 
reformed  Common  Fisheries  Policy  Regulation,  including  on  the  provisions  related  to  the 
landing obligation. 

• 

Regulatory fitness and simplification 

N/A  

• 

Fundamental rights 

N/A  

This  is  merely  a  temporary  extension  of  Commission  empowerment  to  adopt  discard  plans 
through delegated acts. It has no consequences for the protection of fundamental rights.  

4. 

BUDGETARY IMPLICATIONS 

N/A  

This  is  merely  a  temporary  extension  of  Commission  empowerment  to  adopt  discard  plans 
through delegated acts. It has no budgetary implications.  

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5. 

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OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

In  line  with  article  46  of  Regulation  1380/2013,  Commission  must  report  regularly  on  the 
exercise of its delegated powers. Furthermore, the European Parliament and the Council may 
at any time revoke the empowerment.  

• 

Explanatory documents (for directives) 

N/A  

This is a proposal for a regulation. 

• 

Detailed explanation of the specific provisions of the proposal 

The  proposal  contain  only  one  substantive  provision,  amending  article  15(6)  of  Regulation 
1380/2013  with  a  view  to  extending  Commission  empowerment  to  adopt  discard  plans 
through  delegated  acts  for  an  additional  period  of  three  years,  provided  that  there  are  no 
multi-annual plans in place for the sea basins concerned. 

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2017/0190 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) No 1380/2013 on the Common Fisheries Policy 

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 Committee1, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

Article  15(1)  of    Regulation  (EU)  No  1380/2013  of  the  European  Parliament  and  of 
the Council2 establishes the obligation to land all catches of species which are subject 
to catch limits and, in the Mediterranean, also catches of species which are subject to 
minimum sizes ('landing obligation'). 

(2)  Multiannual  plans  referred  to  in  Article  9  of  Regulation  (EU)  No  1380/2013  and 
management plans referred to in Article 18 of Regulation (EC) No 1967/20063  are to 
lay down  detailed provisions intended  to facilitate the implementation of the landing 
obligation ('discard plans'). 

(3) 

(4) 

(5) 

Article  15(6)  of  Regulation  (EU)  No  1380/2013  provides  that,  in  the  absence  of 
multiannual plans or management plans, the Commission may adopt discard plans on 
a temporary basis and for a period of no more than three years.  

Experience  has  demonstrated  that  the  preparation  and  adoption  of  multiannual  or 
management  plans  that  include  discard  plans  takes  longer  than  was  envisaged  at  the 
time of the adoption of Regulation (EU) No 1380/2013.  

It  is  therefore  appropriate  to  set  the  period  for  which  the  Commission  may  adopt 
discard plans  in the absence of multiannual or management plans.  

(6) 

Regulation (EU) No 1380/2013 should be amended accordingly, 

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2 

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OJ C , , p. . 
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 
the  Common  Fisheries  Policy,  amending  Council  Regulations  (EC)  No  1954/2003  and  (EC)  No 
1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council 
Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).  
Council  Regulation  (EC)  No  1967/2006  of  21  December  2006  concerning  management  measures  for 
the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) 
No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11.) 

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HAVE ADOPTED THIS REGULATION: 

Article 1 

In article 15 of Regulation (EU) No 1380/2013, paragraph 6 is replaced by the following: 

"6.  Where  no  multiannual  plan,  or  no  management  plan  in  accordance  with  Article  18  of 
Regulation (EC) No 1967/2006, is adopted for the fishery in question, the Commission shall 
be  empowered  to  adopt,  in  accordance  with  Article  18  of  this  Regulation,  delegated  acts  in 
accordance  with  Article  46  of  this  Regulation,  laying  down  on  a  temporary  basis  specific 
discard plans containing the specifications referred to in points (a) to (e) of paragraph 5 of this 
Article  for  an  initial  period  of  no  more  than  three  years  that  may    be  renewed  for  a  further 
total  period  of  three  years.  Member  States  may  cooperate,  in  accordance  with  Article  18  of 
this  Regulation,  in  the  drawing  up  of  such  a  plan  with  a  view  to  the  Commission  adopting 
such acts or submitting a proposal in accordance with the ordinary legislative procedure". 

This Regulation shall enter into force on the third day following that of its publication 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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