REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT in respect of the delegation of powers referred to in Article 11(2), Article 15(2), (3), (6), (7) and Article 45(4) of Regulation (EU) No 1380/2013 of the European PArliament and of the Council of 11 December 2013 on the Common Fisheries Policy
Date: 2018-02-26
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: aquaculture, common fisheries policy, delegated legislation, delegation of power, fishery management, fishery resources, fishing controls, fishing rights, sustainable development, transfer of competence

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 26.2.2018 COM(2018) 79 final  REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT in respect of the delegation of powers referred to in Article 11(2), Article 15(2), (3), (6), (7) and Article 45(4) of Regulation (EU) No 1380/2013 of the European PArliament and of the Council of 11 December 2013 on the Common Fisheries Policy  
 
 
1. Introduction 

Regulation  (EU)  No  1380/20131,  as  amended  by  Regulation  (EU)  2017/20922  (the  "CFP 
Regulation") covers (a) the conservation of marine biological ressources and the management 
of fisheries and fleets exploiting such ressources and (b) in relation to measures on markets 
and  financial  measures  in  support  of  the  implementation  of  the  CFP:  fresh  water  biological 
resources,  aquaculture  and  the  processing  and  marketing  of  fisheries  and  aquaculture 
products. 

For  the  purposes  of  achieving  the  objectives  of  Regulation  (EU)  N°  1380/2013,  and  in 
particular  of  ensuring  that  fishing  and  aquaculture  activities  are  environmentally  and  socio-
economically sustainable in the long term, the power to adopt acts in accordance with Article 
290 of the Treaty on the Functioning of the European Union is delegated to the Commission 
in  respect  of  conservation  measures  accompanying  certain  environmental  obligations  by 
Member States, the implementation of the landing obligation and the establishment of detailed 
rules  on  the  functioning  of  the  Advisory  Councils,  stakeholders'  organisations  created  to 
provide  Commission  and  Member  States  recommendations  and  information  on  matters 
relating to the management of fisheries and the socio-economic and conservation aspects of 
fisheries and aquaculture.  

Article 46 of the CFP Regulation sets the conditions to which the power of the Commission to 
adopt delegated acts is subject to.  

2. Legal Basis 

This  report  is  required  under  Article  46(2)  of  the  CFP  Regulation.  According  to  this 
provision, the powers to adopt delegated acts referred to in Article 11(2), in Article 15(2), (3), 
(6), (7) and Article 45(4) are conferred on the Commission for a period of five years from 29 
December 2013. The Commission is required to prepare a report in respect of the delegation 
of  powers  not  later  than  nine  months  before  the  end  of  the  five-year  period.  The  delegated 
powers shall be automatically extended for five-year periods, unless the European Parliament 
or the Council opposes such extension in accordance with Article 46 of the CFP Regulation. 

The CFP Regulation empowers the Commission to adopt delegated acts in respect of: 

a)  Conservation  measures  necessary  for  compliance  with  certain  obligations  under  Union 
environmental legislation (Article 11(2) of the CFP Regulation); 

b) Implementing the Union's international obligations into Union law, including, in particular 
derogations from the landing obligation (Article 15(2) of the CFP Regulation); 

1 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). 
2 Regulation (EU) 2017/2092 of the European Parliament and of the Council of 15 November 2017 amending 
Regulation (EU) No 1380/2013 on the common fisheries policy, (OJ L 302, p. 1) 

1 

 
 
 
 
 
 
 
 
 
 
 
 
                                                            
c)  Extending  the  application  of  the  landing  obligation  to  species  other  than  those  listed  in 
Article 15(1) where a joint recommendation for this purpose is submitted to the Commission 
(Article 15(3) of the CFP Regulation); 

d)  Establishing  specific  temporary  discard  plans  containing,  inter  alia,  de  minimis  and  high 
survivality  exemptions  from  the  landing  obligation  for  a  temporary  period  of  no  more  than 
three years that may be renewed for a further total period of three years, where no multiannual 
plan or no management plan is adopted for the fishery in question (Article 15(6) of the CFP 
Regulation); 

e)  Setting  de  minimis  exemptions  from  the  landing  obligation  of  no  more  than  5%  of  total 
annual  catches  of  all  species  to  which  the  landing  obligation  applies  under  Article  15(1), 
where  no  measures  have  been  adopted  for  this  purpose  either  in  a  multiannual  plan  or  in  a 
specific discard plan (Article 15(7) of the CFP Regulation); and 

f) Laying down detailed rules on the functioning of Advisory Councils (Article 45(4) of the 
CFP Regulation). 

Delegated acts  with  similar  content  adopted on the basis of Regulations other  than the CFP 
Regulation  are  not  covered  by  this  report.  This  is  in  particular  the  case  for  delegated  acts 
containing measures to implement the landing obligation adopted on the basis of Article 7 of 
Regulation (EU) 2016/1139  (the "Baltic Multi-annual Plan")3. The Commission  will draw a 
report in respect of the delegation of powers conferred to it by the Baltic Multi-annual plan 
under the conditions set in this plan.   

3. Exercise of the Delegation of Powers 

3.1. Procedural Aspects 

The  exercise  of  the  delegated  powers  conferred  on  the  Commission  by  Article  11(2)  and 
Article  15(3)  and  (6) of  the  CFP  Regulation  is  subject  to  regionalisation:  Member  States 
having a direct management interest affected by the measures concerned may agree to submit 
joint  recommendations  for  achieving  the  objectives  of  the  relevant  Union  conservation 
measures or the specific discard plan. When shaping joint recommendations for Commission 
delegated  acts  under  regionalisation,  Member  States  have  to  consult  the  relevant  Advisory 
Councils.  If  Member  States  do  not  succeed  in  agreeing  on  joint  recommendations  or  if  the 
joint recommendations are deemed not to be compatible with the objectives and quantifiable 
targets  of  the  conservation  measures  in  question,  the  Commission  cannot  exercise  its 
delegated powers but may submit a proposal for appropriate measures in accordance with the 
Treaty. 

The draft delegated acts based on Articles 11(2) and 15(3), (6) and (7) of the CFP Regulation 
have  all  been  submitted  to  the  Scientific,  Technical  and  Economic  Committee  for  Fisheries 

3  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). 

2 

 
 
 
 
 
 
 
 
 
 
                                                            
(STECF)  established  by  Commission  Decision  2005/629/EC4  to  take  into  account  the  best 
available scientific advice.  

The  draft  delegated  acts  laying  down  detailed  rules  on  the  functioning  of  the  Advisory 
Council were submitted to all the Advisory Councils that were operational at the moment for 
their  views.  They  were  also  discussed  during  the  regular  coordination  meetings  that  the 
Commission is holding with all the Advisor Councils (Inter-AC coordination meetings). 

Finally the draft delegated acts based on the empowerments included in the CFP Regulation 
have  all  been  submitted  to  the  Expert  Group  for  Fisheries  and  Aquaculture,  established  to 
ensure  appropriate  expert  consultation  for  the  preparation  of  delegated  acts.  The  European 
Parliament  has  been  systematically  invited  to  the  meetings  of  this  Expert  Group,  but  their 
participation  has  so  far  been  limited.  The  documents  relevant  to  these  consultations  were 
transmitted simultaneously to the European Parliament and to the Council, as foreseen in the 
Common Understanding on delegated acts. After adoption, the delegated acts were all notified 
to  the  European  Parliament  and  to  the  Council.  To  date,  no  delegated  act  adopted  by  the 
Commission under the CFP Regulation has been objected by the European Parliament or the 
Council within the period of 2 months provided for in Article 46(5) of the CFP Regulation. In 
some cases, however, the European Parliament has requested the extension of the deadline for 
an additional 2 months period.  

3.2. List of Delegated Acts adopted under the CFP Regulation  

The  list  of  all  the  delegated  acts  that  were  adopted  by  the  Commission  since  the  entry  into 
force  of  the  CFP  Regulation  is  presented  below.  These  delegated  acts  are  classified  on  the 
basis of their legal status (in force, under scrutiny and repealed or expired). The list was last 
updated and reflects the state of play on the 1 December 2017.  

3.2.1. Delegated Acts in Force 

a) Under Article 11(2) of the CFP Regulation 
-  Commission  Delegated  Regulation  (EU)  2017/117  of  5  September  2016  establishing  fisheries 
conservation  measures  for  the  protection  of  the  marine  environment  in  the  Baltic  Sea  and  repealing 
Delegated Regulation (EU) 2015/17785; 
-  Commission  Delegated  Regulation  (EU)  2017/118  of  5  September  2016  establishing  fisheries 
conservation measures for the protection of the marine environment in the North Sea6; 
-  Commission  Delegated  Regulation  (EU)  2017/1180  of  24  February  2017  amending  Delegated 
Regulation  (EU)  2017/118  establishing  fisheries  conservation  measures  for  the  protection  of  the 
marine environment in the North Sea7; 
-  Commission  Delegated  Regulation  (EU)  2017/1181  of  2  March  2017  amending  Delegated  - 
Regulation  (EU)  2017/117  establishing  fisheries  conservation  measures  for  the  protection  of  the 
marine environment in the Baltic Sea and repealing Delegated Regulation (EU) 2015/17788.  

b) Under Article 15(2) of the CFP Regulation 

4  Commission  Decision  2005/629/EC  of  26  August  2005  establishing  a  Scientific,  Technical  and  Economic 
Committee for Fisheries (OJ L 225, 31.8.2005, p. 18). 
5 OJ L 19, 25.1.2017, p. 1. 
6 OJ L 19, 25.1.2017, p. 19. 
7 OJ L 171, 4.7.2017, p. 1. 
8 OJ L 171, 4.7.2017, p. 30. 

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-  Commission  Delegated  Regulation  (EU)  2015/98  of  18  November  2014  on  the 
implementation  of  the  Union's  international  obligations,  as  referred  to  in  Article  15(2)  of 
Regulation  (EU)  No  1380/2013  of  the  European  Parliament  and  of  the  Council,  under  the 
International  Convention  for  the  Conservation  of  Atlantic  Tunas  and  the  Convention  on 
Future Multilateral Cooperation in the Northwest Atlantic Fisheries9; 
-  Commission  Delegated  Regulation  (EU)  2016/171  of  20  November  2015  amending 
Delegated  Regulation  (EU)  2015/98  on  the  implementation  of  the  Union's  international 
obligations, as referred to in Article 15(2) of Regulation (EU) No 1380/2013 of the European 
Parliament  and  of  the  Council,  under  the  International  Convention  for  the  Conservation  of 
Atlantic  Tunas  and  the  Convention  on  Future  Multilateral  Cooperation  in  the  Northwest 
Atlantic Fisheries10; 
-  Commission  Delegated  Regulation  (EU)  2017/1352  of  18  April  2017  amending 
Commission  Delegated  Regulation  (EU)  2015/98  on  the  implementation  of  the  Union's 
international obligations, as referred to in Article 15(2) of Regulation (EU) No 1380/2013 of 
the  European  Parliament  and  of  the  Council,  under  the  International  Convention  for  the 
Conservation of the Atlantic Tunas and the Convention on Future Multilateral Cooperation in 
the Northwest Atlantic Fisheries11. 

c) Under Article 15(3), (6) of the CFP Regulation 
- Commission Delegated Regulation (EU) No 1392/2014 of 20 October 2014 establishing a 
discard plan for certain small pelagic fisheries in the Mediterranean Sea12 (expiration date: 31 
December 2017); 
- Commission Delegated Regulation (EU) No 1393/2014 of 20 October 2014 establishing a 
discard  plan  for  certain  pelagic  fisheries  in  north-western  waters13  (expiration  date:  31 
December 2017); 
- Commission Delegated Regulation (EU) No 1394/2014 of 20 October 2014 establishing a 
discard  plan  for  certain  pelagic  fisheries  in  south-western  waters14  (expiration  date:  31 
December 2017); 
- Commission Delegated Regulation (EU) No 1395/2014 of 20 October 2014 establishing a 
discard  plan  for  certain  small  pelagic  fisheries  and  fisheries  for  industrial  purposes  in  the 
North Sea15 (expiration date: 31 December 2017); 
- Commission Delegated Regulation (EU) No 1396/2014 of 20 October 2014 establishing a 
discard plan in the Baltic Sea16 (expiration date: 31 December 2017); 
-  Commission  Delegated  Regulation  (EU)  2016/2250  of  4  October  2016  establishing  a 
discard  plan  for  certain  demersal  fisheries  in  the  North  Sea  and  in  Union  waters  of  ICES 
Division IIa17 (expiration date: 31 December 2018); 
-  Commission  Delegated  Regulation  (EU)  2016/2374  of  12  October  2016  establishing  a 
discard  plan  for  certain  demersal  fisheries  in  South-Western  waters18  (expiration  date:  31 
December 2018); 

9 OJ L 16, 23.1.2015, p. 23. 
10 OJ L 33, 10.2.2016, p. 1. 
11 OJ L 190, 21.7.2017, p. 1. 
12 OJ L 370, 30.12.2014, p. 21. 
13 OJ L 370, 30.12.2014, p. 25. 
14 OJ L 370, 30.12.2014, p. 31. 
15 OJ L 370, 30.12.2014, p. 35. 
16 OJ L 370, 30.12.2014, p. 40. 
17 OJ L 340, 15.12.2016, p. 2. 
18 OJ L 352, 23.12.2016, p. 33. 

4 

 
 
 
                                                            
-  Commission  Delegated  Regulation  (EU)  2016/2375  of  12  October  2016  establishing  a 
discard  plan  for  certain  demersal  fisheries  in  North-Western  waters19  (expiration  date:  31 
December 2018); 
-  Commission  Delegated  Regulation  (EU)  2016/2376  of  13  October  2016  establishing  a 
discard plan for mollusc bivalve Venus spp. in the Italian territorial waters20 (expiration date: 
31 December 2019); 
-  Commission  Delegated  Regulation  (EU)  2016/2377  of  14  October  2016  amending 
Delegated  Regulation  (EU)  No  1394/2014  establishing  a  discard  plan  for  certain  pelagic 
fisheries in South-Western waters21; 
-  Commission  Delegated  Regulation  (EU)  2017/86  of  20  October  2016  establishing  a 
discard  plan  for  certain  demersal  fisheries  in  the  Mediterranean  Sea22  (expiration  date:  31 
December 2019); 
-  Commission  Delegated  Regulation  (EU)  2017/87  of  20  October  2016  establishing  a 
discard plan for turbot fisheries in the Black Sea23 (expiration date: 31 December 2019); 
- Commission Delegated Regulation (EU) 2017/1393 of 24 May 2017 amending Delegated 
Regulation (EU) No 1395/2014 establishing a discard plan for certain small pelagic fisheries 
and fisheries for industrial purposes in the North Sea24 (expiration date: 31 December 2017); 
-  Commission  Delegated  Regulation  (EU)  2017/2167  of  5  July  2017  amending  Delegated 
Regulation  (EU)  2016/2374  establishing  a  discard  plan  for  certain  demersal  fisheries  in 
South-Western waters25 (expiration date: 31 December 2018). 

d) Under Article 15(7) of the CFP Regulation 
None yet 

e) Under Article 45(4) of the CFP Regulation 
- Commission Delegated Regulation (EU) 2015/242 of 9 October 2014 laying down detailed 
rules on the functioning of the Advisory Councils under the Common Fisheries Policy26; 
- Commission Delegated Regulation (EU) 2017/1575 of 23 June 2017 amending Delegated 
Regulation  (EU)  2015/242  laying  down  detailed  rules  on  the  functioning  of  the  Advisory 
Councils under the common fisheries policy27. 

3.2.2. Delegated Acts Adopted by the Commission but not yet in Force (under scrutiny) 

a) Under Article 11(2) of the CFP Regulation 
None 

b) Under Article 15(2) of the CFP Regulation 
-  Commission  delegated  Regulation  (EU)  No…/...  amending  Commission  Delegated 
Regulation  (EU)  2015/98  on  the  implementation  of  the  Union's  international  obligations,  as 
referred to in Article 15(2) of Regulation (EU) No 1380/2013 of the European Parliament and 
of  the  Council,  under  the  International  Convention  for  the  Conservation  of  Atlantic  Tunas, 
regarding the Mediterranean stock of swordfish, adopted on 30/11/2017.  

19 OJ L 352, 23.12.2016, p. 39. 
20 OJ L 352, 23.12.2016, p. 48. 
21 OJ L 352, 23.12.2016, p. 50. 
22 OJ L 14, 18.1.2017, p. 4. 
23 OJ L 14, 18.1.2017, p. 9. 
24 OJ L 197, 28.7.2017, p. 1. 
25 OJ L 306, 22.11.2017, p. 2.  
26 OJ, L 41, 17.2.2015, p.1. 
27 OJ L 239, 19.9.2017, p. 1. 

5 

 
 
 
 
 
 
 
                                                            
c) Under Article 15(3), (6) of the CFP Regulation 
-  Commission  Delegated  Regulation  (EU)  No  …/...  establishing  a  discard  plan  for  certain 
demersal  fisheries  in  the  North  Sea  and  in  Union  waters  of  ICES  division  IIa  for  the  year 
2018, adopted on 20/10/2017; 
-  Commission  Delegated  Regulation  (EU)  No  …/...  amending  Delegated  Regulation  (EU) 
2016/2374 establishing a discard plan for certain demersal fisheries in South-Western waters; 
adopted on 20/10/2017; 
-  Commission  Delegated  Regulation  (EU)  No  …/...  establishing  a  discard  plan  for  certain 
demersal  and  deep  sea  fisheries  in  North-Western  waters  for  the  year  2018,  adopted  on 
20/10/2017; 
-  Commission  Delegated  Regulation  (EU)  No  …/...  amending  Delegated  Regulation  (EU) 
2017/86  establishing  a  discard  plan  for  certain  demersal  fisheries in  the  Mediterranean  Sea, 
adopted on 23/10/2017; 
-  Commission  Delegated  Regulation  (EU)  No  …/..  establishing  a  discard  plan  as  regards 
salmon in the Baltic Sea, adopted on 21/11/2017; 
- Commission Delegated Regulation (EU) No…/... amending Delegated Regulation (EU) No 
1394/2014  establishing a  discard  plan  for  certain  pelagic  fisheries  in  South-Western  waters, 
adopted on 21/11/2017; 
- Commission Delegated Regulation (EU) No …/... amending Delegated Regulation (EU) No 
1395/2014  establishing  a  discard  plan  for  certain  small  pelagic  fisheries  and  fisheries  for 
industrial purposes in the North Sea, adopted on 23/11/2017; 
- Commission Delegated Regulation (EU) No …/.. amending Delegated Regulation (EU) No 
1393/2014  establishing a  discard  plan  for  certain  pelagic  fisheries  in  North-Western  waters, 
adopted on 24/11/2017. 

d) Under Article 15(7) of the CFP Regulation 
- Commission Delegated Regulation (EU) No …/.. establishing a de minimis exemption to the 
landing  obligation  for  certain  small  pelagic  fisheries  in  the  Mediterranean  Sea,  adopted  on 
23/10/2017. 

e) Under Article 45(4) of the CFP Regulation 
None 

3.2.3. Delegated Acts Repealed or Expired 

a) Under Article 11(2) of the CFP Regulation 
-  Commission  Delegated  Regulation  (EU)  2015/1778  of  25  June  2015  establishing  fisheries 
conservation measures to protect reef zones in waters under the sovereignty of Denmark in the Baltic 
Sea and Kattegat28, repealed by Commission Delegated Regulation (EU) 2017/1181. 

b) Under Article 15(2) of the CFP Regulation 
None 

c) Under Article 15(3), (6) of the CFP Regulation 

28 OJ L 259, 6.10.2015, p. 5. 

6 

 
 
 
 
 
 
 
 
 
                                                            
-  Commission  Delegated  Regulation  (EU)  2015/2438  of  12  October  2015  establishing  a 
discard plan for certain demersal fisheries in north-western waters29, repealed by Commission 
Delegated Regulation 2016/2375 as of 1 January 2017; 
-  Commission  Delegated  Regulation  (EU)  2015/2439  of  12  October  2015  establishing  a 
discard plan for certain demersal fisheries in south-western waters30, repealed by Commission 
Delegated Regulation (EU) 2016/2374 as of 1 January 2017; 
-  Commission  Delegated  Regulation  (EU)  2015/2440  of  22  October  2015  establishing  a 
discard  plan  for  certain  demersal  fisheries  in  the  North  Sea  and  in  Union  waters  of  ICES 
Division IIa31, expired on the 31 December 2016. 

d) Under Article 15(7) of the CFP Regulation 
None 

e) Under Article 45(4) of the CFP Regulation 
None 

4. Conclusion  

The  Commission  considers  that  it  has  exercised  its  delegated  powers  within  the  remit 
conferred to it by Regulation (EU) No 1380/2013. 

The delegation of powers  conferred by Article 11(2), Article 15(2), (3), (6), (7) and Article 
45(4)  of  Regulation  1380/2013  should  be  extended  in  accordance  with  Article  46(2)  of  the 
same Regulation, to contribute to the achievement of its objectives. 

The Commission invites the European Parliament and the Council to take note of this report. 

29 OJ L 336, 23.12.2015, p. 29. 
30 OJ L 336, 23.12.2015, p. 36. 
31 OJ L 336, 23.12.2015, p. 42. 

7