Explanatory Memorandum to COM(2012)413 - Amendment of Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)413 - Amendment of Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel. |
|---|---|
| source | COM(2012)413  |
| date | 26-07-2012 |
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 relation to the adoption of Regulation (EU) No 182/2011, the Commission made the following statement:
"The Commission will proceed to an examination of all legislative acts in force which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty, in order to assess if those instruments need to be adapted to the regime of delegated acts introduced by Article 290 of the Treaty on the Functioning of the European Union. The Commission will make the appropriate proposals as soon as possible and no later than the dates mentioned in the indicative calendar annexed to this declaration[1]."
In this context Regulation (EC) No 1100/2007 needs to be aligned with the new rules of the TFEU. Powers currently conferred upon the Commission by that Regulation should be reclassified into delegated and implementing powers.
The Commission should therefore be empowered to adopt delegated acts to take measures to address a significant decline of average market prices for eels used for restocking, as compared to those of eels used for other purposes.
Likewise the Commission should be empowered to adopt implementing acts concerning the approval of Eel Management Plans by the Commission on the basis of technical and scientific data.
Article 9(3) provides for adoption by the Council of alternative measures to achieve escapement target levels. The current text therefore confers the power to amend this non-essential element of the Regulation on the Council. Such decision making procedure is no longer possible under the TFEU and that provision should be deleted.
Article 1(2) of the Regulation has become obsolete as it was established by Commission Decision 2008/292/EC of 4 April 2008[2] that the Black Sea and the river systems connected to it did not constitute a natural eel habitat for European eel for the purposes of the Regulation. That provision should therefore be deleted.
In addition, Article 3 of the Regulation has become obsolete as Commission Decision 2009/310/EC of 2 April 2009[3] approved requests by Cyprus, Malta, Austria, Romania and Slovakia to be exempted from the from the obligation to prepare an Eel Management Plan. There are no pending requests for exemption from that obligation. That provision should therefore be deleted.
Contents
There was no need for consultation of interested parties or for impact assessment.
· Summary of the proposed action
The main legal action is to identify the powers conferred upon the Commission in Council Regulation (EC) No 1100/2007 and to classify these as delegated or implementing powers.
· 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 amends measures which already exist in Regulation (EC) No 1100/2007, therefore no concern on the proportionality principle 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.