Legal provisions of COM(2012)413 - Amendment of Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel

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dossier COM(2012)413 - Amendment of Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel.
document COM(2012)413 EN
date July 26, 2012

Contents

Article 1

Regulation (EC) No 1100/2007 is amended as follows:

(1) In Article 1, paragraph 2 is deleted.

(2) Article 3 is deleted.

(3) In Article 5, paragraph 1 is replaced by the following:

"1.        The Eel management plans shall be approved by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 12b(2)"

(4) In Article 7, paragraphs 6 and 7 are replaced by the following:

"6. In the event of a significant decline of average market prices for eels used for restocking, as compared to those of eels used for other purposes, the Member State concerned shall inform the Commission. The Commission, by means of delegated acts adopted in accordance with Article 12a and in order to address the situation, may temporarily reduce the percentages of eels used for restocking as referred to in paragraph 2.

7. The Commission shall, not later than 31 December 2012, report to the European Parliament and the Council and evaluate the measures concerning restocking including the evolution of market prices."

(5) In Article 9, paragraph 3 is deleted.

(6) The following Articles 12a and 12b are inserted:

"Article 12 - a Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The delegation of powers referred to in Article7(6) shall be conferred for an indeterminate period of time.

3. The delegation of powers referred to in Article 7(6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 7(6) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

Article 12 - b Committee procedure

1. The Commission shall be assisted by the Committee for Fisheries and aquaculture established by Article 30 of Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply."

Article 2

This Regulation shall enter into force on the 20th day following that of its publications in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.