Considerations on COM(2012)21 - Amendment of Council Regulation 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks

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(1) Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004[2] empowers the Council to monitor and revise the maximum fishing mortality rates and associated spawning stock biomass levels.

(2) In accordance with Article 290 of the Treaty the Commission may be empowered to supplement or amend certain non-essential elements of a legislative act by means of delegated acts.

(3) In order to amend or supplement non-essential elements of the provisions of Regulation (EC) No 1342/2008, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the following:

– changes to the established values for the maximum fishing mortality rates and associated spawning stock biomass levels, when the target fishing mortality rate has been reached;

– the rules concerning the adjustment of the fishing effort where a group of vessels is excluded from or re-included in the effort regime;

– the rules concerning the method for calculating the fishing capacity referred to in Article 14(3) and the adjustment of the maximum capacity levels due to permanent cessation of fishing activities and capacity transfers;

– the rules concerning the calculation method for adapting the maximum allowable fishing effort in relation to quota management;

– the rules concerning the calculation method for adapting the maximum allowable fishing effort following transfer of effort across effort groups;

– changes to the composition of the geographical areas and gear groupings established in Annex I.

(4) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission should, when preparing and drawing up delegated acts, ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.

(5) In accordance with Article 291of the Treaty, in order to implement legally binding acts in uniform conditions, implementing acts are to confer implementing powers on the Commission.

(6) In order to ensure uniform conditions for the implementation of Regulation (EC) No 1342/2008, implementing powers should be conferred on the Commission in respect of detailed rules on the procedure and format for transmitting the information required under this Regulation to the Commission, and the format of the special fishing permit and of the list of vessels holding such special permit. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers[3].

(7) The decision-making procedure set out in Article 30 should be clarified following the entry into force of the Treaty on the Functioning of the European Union.

(8) Regulation (EC) No 1342/2008 should therefore be amended accordingly.