Explanatory Memorandum to COM(2018)143 - Amendment of Regulation (EU) No 1343/2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area - Main contents
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| dossier | COM(2018)143 - Amendment of Regulation (EU) No 1343/2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for ... |
|---|---|
| source | COM(2018)143  |
| date | 22-03-2018 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The proposal aims at transposing in Union law a number of measures adopted by the General Fisheries Commission for the Mediterranean (GFCM) at its annual sessions of 2015, 2016 and 2017. The GFCM is a Regional Fisheries Management Organisation established under Article XIV of the FAO Constitution; its main objectives are to promote the development, conservation, rational management and best utilization of living marine resources and the sustainable development of aquaculture in the Mediterranean, Black Sea and connecting waters. The GFCM has the authority to adopt compulsory decisions (“recommendations”) in its area of competence; these acts are essentially addressed to its contracting parties but may also contain obligations for operators (e.g. the vessel master). The recommendations become binding within 120 days after the date of first notification, provided that no objections are lodged.
The EU and ten Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain and Romania) are contracting parties to the GFCM Agreement. To the extent to which the content of the GFCM recommendations is not covered or is only partially covered by existing Union Law, the transposition of the relevant GFCM provisions is necessary to ensure that the latter will receive uniform and effective application throughout the European Union.
The last transposition of GFCM decisions was done by means of Regulation (EU) No 1343/2011 1 as amended by the Regulation (EU) N°2015/2102 2 . The current proposal will insert into that legislative act the measures to be transposed by way of amendments to it.
• Consistency with existing policy provisions in the policy area
The proposal is consistent with the Comon Fisheries Policy “CFP”. It covers conservation measures, management measures, monitoring, control and surveillance measures and measures to fight illegal, unreported and unregulated fishing. These measures concern the European hake and the deep-water rose shrimp in the Strait of Sicily the turbot in the Black Sea, the blackspot seabream in the Alboran Sea and the red coral. The proposal also establishes a fishing restricted area in Adriatic (Jabuka/PomoPit area). These measures go beyond the existing EU regulation.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 43(2) of the Treaty on the Functioning of the European Union.
• Subsidiarity
The proposal falls under exclusive competence of the European Union.
• Proportionality
The proposed text will ensure the transposition of the relevant GFCM measures in Union law without exceeding what is necessary to achieve the objective pursued.
• Choice of the instrument
Proposed instrument: Regulation of the European Parliament and of the Council amending an existing Regulation.
Other means would not be adequate for the following reason: a Regulation must be amended by a Regulation.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
There was no need for consultation of interested parties or for impact assessment.
4. BUDGETARY IMPLICATIONS
This measure does not involve any additional Union expenditure.