Explanatory Memorandum to COM(2011)479 - Amendment of Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2011)479 - Amendment of Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery ... |
|---|---|
| source | COM(2011)479  |
| date | 09-08-2011 |
The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290 i of the TFEU (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the TFEU (implementing acts).
In the context of the alignment of Regulation (EC) No 1967/2006 to the new rules of the TFEU, powers currently conferred to the Commission by that Regulation have been re-classified into measures of delegated nature and measures of implementing nature.
Following this exercise, a draft proposal for amendment of Regulation (EC) No 1967/2006 has been prepared.
Pursuant to Article 290 of the Treaty, the Legislator gives the Commission the task to complete or modify certain non-essential elements of that Regulation.
The Commission may therefore adopt delegated act to grant derogations to some of the provisions of that Regulation when such possibility is explicitly foreseen and provided that the strict conditions set out by that Regulation are fulfilled (article 4 and 13). The Commission is empowered to adopt the criteria to be applied for the establishment and allocation of fish aggregating devices (FAD) course lines for dolphinfish fishery in the 25-mile management zone around Malta (article 27). Similarly, the Commission is empowered to adopt detailed rules for further technical specifications on the characteristics of fishing gears (Annex I paragraph (B) 3 and Annex II paragraph 7) which will supplement existing characteristics of gears. In addition, the Commission shall adopt delegated acts regarding the amendments to the Annexes of this Regulation.
Contents
There was no need for consultation of interested parties or for impact assessment.
- Summary of the proposed action
Identify the delegated powers of the Commission in Council Regulation (EC) No 1967/2006 and establish the corresponding procedure for adoption of these acts.
- Legal basis
Article 43(2) of the Treaty on the Functioning of the European Union.
- Subsidiarity principle
The proposal falls under exclusive competence of the European Union.
- Proportionality principle
The proposal is amending measures which already exist in Council Regulation (EC) No 1967/2006, therefore no concern on the principle of proportionality arises.
- Choice of instrument
Proposed instrument: Regulation of the European Parliament and of the Council.
Other means would not be adequate for the following reason: a Regulation must be amended by a Regulation.
This measure does not involve any additional Union expenditure.