Considerations on 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
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| dossier | COM(2012)332 - Amendment of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, ... |
|---|---|
| document | COM(2012)332  |
| date | June 21, 2012 |
(2) As a consequence of the entry into force of the Lisbon Treaty, certain powers conferred under Regulation (EC) No 1005/2008 need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union.
(3) In order to apply some of the provisions of Regulation (EC) No 1005/2008, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the following:
– the exemption from certain information requirements imposed on fishing vessels or the establishment of different notification periods for certain categories of fishing vessels,
– the establishment of benchmarks for inspections of landing and transhipment operations by third country fishing vessels,
– the establishment of the list of products excluded from the scope of implementation of the catch certificate,
– the adaptation of the catch certification scheme for some fishery products obtained by small fishing vessels, including the possibility of using a simplified catch certificate,
– the adaptation of the deadline for submitting the catch certificate, on the basis of the type of fishery product, the distance to the place of entry into the territory of the Union or the transport means used,
– the establishment of 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
– the establishment of Union criteria for verifications in the context of risk management.
(4) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
(5) In order to ensure uniform conditions for the implementation of Council Regulation (EC) No 1005/2008 implementing powers should be conferred upon the Commission in accordance with Article 291 of the Treaty on the Functioning of the European Union in respect of the following:
– 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 determination of the format for submission by Member States of the information regarding sighted fishing vessels, and
– the establishment of rules on mutual assistance. Where the control of Member States is required those powers should be exercised in accordance with Regulation (EU) No 182/2011[2] 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.
(6) As a consequence of the entry into force of the Lisbon Treaty, Article 52 needs to be deleted. This Article was already used for the establishment of the legal framework for the simplified catch certificate and for the establishment of administrative arrangements with thrid countries under Article 12(4) and 20(4). It is still needed to provide the necessary powers to the Commission to adopt delegated acts for the adaptation of the catch certification scheme for some fishery products obtained by small fishing vessels, including the possibility of using a simplified catch certificate and implementing powers for the adoption by the Commission, in agreement with flag States, of catch certificates that are established, validated and submitted by electronic means or replaced by electronic traceability systems ensuring the same level of control by authorities.
(7) As a consequence of the entry into force of the Lisbon Treaty, the provision on temporary measures which provides for the referral of certain Commission measures to the Council under certain conditions needs to be adapted.
(8) The provisions of Regulation (EC) No 1005/2008 concerning the establishment of a list of non-cooperating third countries and the removal of third countries from that list confer decision-making powers upon Council. As a consequence of the entry into force of the Lisbon Treaty those provisions need to be brought into line with the new procedures applicable to the common fisheries policy.
(9) Regulation (EC) No 1005/2008 should therefore be amended accordingly.