Considerations on 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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| dossier | COM(2012)413 - Amendment of Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel. |
|---|---|
| document | COM(2012)413  |
| date | July 26, 2012 |
(2) As a consequence of that entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1100/2007 upon the Commission need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union.
(3) In order to apply certain provisions of Regulation (EC) No 1100/2007, 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 taking 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.
(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.
(5) 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.
(6) In order to ensure uniform conditions for the implementation of the provisions of Regulation (EC) No 1100/2007 concerning the approval of Eel Management Plans by the Commission on the basis of technical and scientific data, implementing powers should be conferred upon the Commission. 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[5].
(7) The Commission will not be in a position to report to the European Parliament and the Council on the measures concerning restocking, including the evolution of market prices by 1 July 2011, due to late transmission by some Member States of the relevant information. The deadline for this report should therefore be postponed to 31 December 2012.
(8) The current text of the Regulation concerning the power to adopt alternative measures for the achievement of escapement targets confers this power to amend this non-essential element of the Regulation on the Council. As such decision making procedure is no longer possible under the TFEU, the provision concerned should be deleted.
(9) It was established by Commission Decision 2008/292/EC of 4 April 2008[6] 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. Therefore Article 1(2) of the Regulation has become obsolete and should be deleted.
(10) Commission Decision 2009/310/EC of 2 April 2009[7] 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. Therefore Article 3 of the Regulation has become obsolete and should be deleted.
(11) Regulation (EC) No 1100/2007 should therefore be amended accordingly.