Explanatory Memorandum to COM(2012)332 - Amendment of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)332 - Amendment of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, ... |
|---|---|
| source | COM(2012)332  |
| date | 21-06-2012 |
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(1) 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 1005/2008 to the new rules of the TFEU, powers currently defined by that Regulation have been re-classified into delegated and implementing powers.
Following this exercise, a draft proposal for amendment of Regulation (EC) No 1005/2008 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 should be empowered to adopt delegated acts to grant exemption from notification of information by fishing vessels or to establish different notification periods, to determine benchmarks for inspections of landing and transhipment operations by third country fishing vessels, to adapt the catch certification scheme for some fishery products obtained by small fishing vessels, including the possibility of using a simplified catch certificate, to amend the list of products not included in the scope of the Regulation, to adapt the catch certificate submission deadline to the type of fishery product, the distance to the place of entry or the transport means used, to establish rules for the granting, amendment or withdrawal of approved economic operators' certificates or for the suspension or revocation of the status of approved economic operator and on the conditions of validity of approved economic operators’ certificates, and to establish Union criteria for verifications in the context of risk management.
Pursuant to Article 291 of the Treaty, the Legislator confers implementing powers to the Commission to ensure uniform conditions for the implementation of Regulation (EC) No 1005/2008, specifically: the establishment of prior notification forms, the establishment of landing and transhipment declaration procedures and forms, the adoption, in agreement with flag States, of catch certificates established, validated or submitted by electronic means or based on electronic traceability systems ensuring the same level of control by authorities, the determination and modification of the list of catch certification schemes adopted by regional fisheries management organisations complying with the EU IUU Regulation, the establishment of common conditions in all Member States for procedures and forms on the application for and issuing of approved economic operators’ certificates, of rules on verifications of approved economic operator and of rules on the exchange of information between the approved economic operator and the authorities in the Member States, between the Member States and between Member States and the Commission, the establishment of the Union IUU vessel list, the removal of vessels from the Union IUU vessel list, the inclusion of IUU vessel lists adopted by regional fisheries management organisations in the Union IUU vessel list, the identification of non-cooperating third countries, the inclusion of identified third countries on a list of non cooperating third countries, the removal of third countries from the list of non-cooperating third countries, the adoption of emergency measures towards third countries in specific circumstances, the establishment of the format for submission by Member States of the information regarding sighted fishing vessels and the establishment of rules on mutual assistance.
Contents
There was no need for consultation of interested parties or for impact assessment.
· Summary of the proposed action
Identify the powers conferred upon the Commission in Council Regulation (EC) No 1005/2008 and classify these as delegated or implementing powers and adapt certain provisions to the decision-making procedures of the Lisbon Treaty.
· 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 1005/2008, 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.