REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL in respect of the delegation of powers referred to in Article 5(2) and Article 15 of Regulation (EU) No 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets
Date: 2023-09-08
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU waters, European Commission, common fisheries policy, delegated legislation, fishery management, fishing fleet, international waters, powers of the institutions (EU), sea fishing, sustainable fisheries, transfer of competence

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 8.9.2023  COM(2023) 519 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL in respect of the delegation of powers referred to in Article 5(2) and Article 15 of Regulation (EU) No 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets  
 
 
1. Introduction 

Regulation  (EU)  2017/2403  on  the  sustainable  management  of  external  fishing  fleets1 
(SMEFF Regulation) aims at: 

(a)  strengthening  controls  on  fishing  activities,  mostly  through  authorisations  for  EU 

vessels fishing outside EU waters; 

(b)  implementing  some  of  the  EU  flag  state  authorisations,  derived  from  EU  bilateral 

fisheries agreements and regional fisheries management organisations; and 

(c)  reinforcing  the objectives of the  common fisheries policy with  regard to  sustainable 
fisheries, control, and EU rules on tackling illegal, unreported and unregulated (IUU) 
fishing. 

To  fulfil  the  objectives  of  the  SMEFF  Regulation,  and  in  particular  to  adapt  it  to  possible 
developments,  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. This power2 can be used 
by the Commission to amend the Annex3 to ensure appropriate monitoring of the activities of 
fishing  vessels  under  the  Regulation,  in  particular  through  new  data  requirements;  and  to 
supplement Article 104 by implementing in Union law the outcome of consultations between 
the  Union  and  third  countries  with  which  the  Union  has  concluded  an  agreement,  or  of 
arrangements with coastal states with which fish stocks are shared, as regards the conditions 
for fishing authorisations. 

Article 44 of the SMEFF Regulation sets out the conditions under which the Commission can 
adopt delegated acts. 

2. Legal basis 

This report is required under Article 44(2) of the SMEFF Regulation. In accordance with this 
provision,  the  powers  to  adopt  delegated  acts  referred  to  in  Article 5(2)  and  Article 15  are 
conferred on the Commission for a period of 5 years from 17 January 2018. The Commission 
is required to prepare a report on the delegation of powers no later than 9 months before the 
end of the 5-year period. In the absence of any opposition by the co-legislators, the delegation 
of powers was tacitly extended for another 5 years, until 17 January 2028. 

The SMEFF Regulation empowers the Commission to adopt delegated acts for: 

a)  amending  the  Annex  to  ensure  appropriate  monitoring  of  the  activities  of  fishing 
through  new  data  requirements 
in  particular 

the  Regulation, 

vessels  under 
(Article 5(2) of the SMEFF Regulation); and 

1 
Regulation (EU) 2017/2403 of the  European Parliament and of the Council of 12 December 2017 on 
the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008, OJ 
L 347, 28.12.2017, p. 81-104. 
2 
3 
4 

Provided for by recital 34 of the SMEFF Regulation. 
Provided for by Article 5(2) of the SMEFF Regulation. 
Provided for by Article 15 of the SMEFF Regulation. 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
b)  supplementing  Article 10  by  implementing  in  Union  law  the  outcome  of  the 
consultations  between  the  Union  and  third  countries  with  which  the  Union  has 
concluded an agreement, or of arrangements with coastal states with which fish stocks 
are  shared,  as  regards  the  conditions  for  fishing  authorisations  (Article 15  of  the 
SMEFF Regulation). 

3. Exercise of the delegation of powers 

Since 17 January 2018, the Commission  did  not  adopt any  delegated  act  under the SMEFF 
Regulation. The powers to adopt delegated acts are provided for necessary adaptation of the 
SMEFF Regulation to the context in which the Regulation is applied (i.e. to new technologies 
or  results  of  new  negotiations  with  third  states).  No  such  adaptation  has  been  necessary  to 
date. 

4. Conclusion 

The Commission considers that so far there has been no need to adapt the SMEFF Regulation 
by exercising its powers under Article 5(2) or Article 15 of the SMEFF Regulation. 

However, such delegated acts might still be necessary in the future to adapt the Regulation to 
technological  changes  or  in  the  course  of  the  implementation  of  agreements  that  will  be 
concluded with third states.  

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

2