Explanatory Memorandum to COM(2012)432 - Amendment of Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)432 - Amendment of Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures ... |
|---|---|
| source | COM(2012)432  |
| date | 02-08-2012 |
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 850/98 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 concerning the division of regions into geographical areas, to amend the rules for the use of mesh size combinations and to establish rules for obtaining the percentage of target species taken by more than one fishing vessel in order to ensure that such catch compositions are respected by all the vessels involved in the fishing operation. Similarly, the Commission should be empowered to draw up rules concerning the technical descriptions and method of use of authorised devices that might be attached to the fishing net, and which do not obstruct or diminish the effective mesh opening of the net. The Commission should also be empowered to adopt measures on conditions under which certain vessels shall be permitted to use beam trawls, the method for measuring engine power and gear dimensions and measures designed to address changes in the conservation status of fish stocks with immediate effect.
Likewise the Commission should be empowered to adopt implementing acts concerning technical rules for measuring mesh sizes, square-meshed netting and twine thickness, technical rules related to the construction of netting materials, listing of devices that may obstruct or otherwise diminish the effective mesh opening in a fishing net, the transmission of lists of vessels to which a special fishing permit to use beam trawls has been issued, technical rules related to measuring engine power and gear dimensions, measures concerning the obligation of Member States to ensure that levels of fishing effort are not exceeded and temporary measures where the conservation of stocks of marine organisms calls for immediate action.
Contents
There was no need for consultation of interested parties or for impact assessment.
· Summary of the proposed action
· The main action is to identify the powers conferred upon the Commission in Council Regulation (EC) No 850/98 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 is amending measures which already exist in Regulation (EC) No 850/98, 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.