REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission under Regulation (EC) No 216/2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic, Regulation (EC) No 217/2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic and Regulation (EC) No 218/2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic
Date: 2018-01-12
Institutions: European Commission, Eurostat
Subjects: Atlantic Ocean, EU Member State, EU statistics, data collection, delegated legislation, disclosure of information, fisheries policy, fishing statistics, powers of the institutions (EU), transfer of competence

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  EN 

   EUROPEAN COMMISSION  Brussels, 12.1.2018  COM(2018) 16 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission under Regulation (EC) No 216/2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic, Regulation (EC) No 217/2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic and Regulation (EC) No 218/2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic  
 
 
1. 

BACKGROUND 

Regulations  (EC)  No  216/2009  of  11  March  2009  on  the  submission  of  nominal 
catch  statistics  by  Member  States  fishing  in  certain  areas  other  than  those  of  the 
North Atlantic1,  Regulation (EC) No 217/2009 of 11 March 2009 on the submission 
of catch and activity statistics by Member States fishing in the north-west Atlantic2  
and Regulation (EC) No 218/2009 of 11 March 2009 on the submission of nominal 
catch statistics by Member States fishing in the north-east Atlantic3  were modified 
by  Regulation  (EU)  No  1350/2013  of  11  December  2013  amending  certain 
legislative  acts  in  the  field  of  agricultural  and  fishery  statistics4    to  align 
implementing powers with the Treaty on the Functioning of the European Union. 

The Commission is authorised to adopt delegated acts to take account of economic 
and technical developments. Such delegated acts may amend: 

• 

• 

• 

the lists of statistical fishing areas or their subdivisions set out in Annexes I, II 
and  III  of  Regulation  (EC)  No  216/2009,  and  in  Annexes  II  and  III  of 
Regulations (EC) No 217/2009 and (EC) No 218/2009; 

the list of species set out in Annex IV of Regulation (EC) No 216/2009 and in 
Annex I of Regulations (EC) No 217/2009 and (EC) No 218/2009, and 

the  measures,  codes  and  definitions  applied  to  fishing  activity,  fishing  gear, 
vessel sizes and fishing methods set out in Annex IV of Regulation (EC) No 
217/2009. 

Under  Article  5  of  Regulations  (EC)  No  216/2009  and  (EC)  No  218/2009,  and 
Article 6 of Regulation (EC) No 217/2009, the Commission has the power to adopt 
such delegated acts for a period of five years, from 10 January 2014. This power is 
to be tacitly extended by periods of five years unless the European Parliament or the 
Council object. 

The Commission is obliged to draw up a report on the delegation of power not later 
than  nine  months  before  the  end  of  the  five-year  period,  which  means  before  10 
April 2018. 

This report fulfils this obligation. 

2. 

COMMISSION  EXERCISE  OF  DELEGATED  POWERS  UNDER  REGULATION  (EC) 
NO 216/2009, (EC) NO 217/2009 AND (EC) NO 218/2009 

The Commission has not yet exercised the power to adopt delegated acts conferred 
on it by Regulations (EC) No 216/2009, 217/2009 and 218/2009. 

The  Regulations  cover  the  annual  collection  of  nominal  catch  statistics  by  vessels 
fishing in seven main fishing areas and their subdivisions, as well as fishing activity, 
subdivided by calendar month of capture, fishing gear, vessel size and main species 

1   OJ L 87, 31.3.2009, p.1. 
2   OJ L 87, 31.3.2009, p.42. 
3   OJ L 87, 31.3.2009, p.70. 
4   OJ L 351, 21.12.2013. 

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sought  in  the  north-west  Atlantic.  The  first  data  were  collected  in  2009  and  were 
delivered to the Commission (Eurostat) at the end of May 2010 for Regulation (EC) 
217/2009 and at the end of June 2010 for Regulations (EC) 216/2009 and (EC) No 
218/2009. 

Until the time of delivering this report, the collection of data under the Regulations 
was  stable  and  international  definitions  did  not  change.  The  Commission  has 
therefore not yet deemed it necessary to exercise its delegated powers. 

3. 

CONCLUSIONS 

The Commission has not yet exercised the power to adopt delegated acts conferred 
on  it  by  Regulation  (EC)  No  216/2009,  Regulation  (EC)  No  217/2009  and 
Regulation (EC) No 218/2009. 

The Commission considers that it should continue to have these delegated powers as 
in the future it may need to adopt delegated acts to modify the lists of species and 
fishing  areas  set  in  the  annexes  to  the  above-mentioned  Regulations  to  meet  the 
needs of data users in the context of the future common fisheries policy. 

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