Considerations on 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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| dossier | COM(2012)432 - Amendment of Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures ... |
|---|---|
| document | COM(2012)432  |
| date | August 2, 2012 |
(2) As a consequence of the entry into force of the Lisbon Treaty, certain powers conferred under Regulation (EC) No 850/98 need to be aligned with 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 850/98, 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 division of regions into geographical areas;
– to amend rules concerning the conditions for the use of certain mesh size combinations;
– to adopt detailed rules for obtaining the percentage of target species taken by more than one fishing vessel, in order to ensure that such percentages are respected by all the vessels involved in the fishing operation;
– to adopt 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;
– conditions under which vessels exceeding eight meters length overall shall be permitted to use beam trawls within certain waters of the Union;
– measures designed to address unexpectedly small or large recruitments of juveniles, changes in migration patterns or any other changes in the conservation status of fish stocks, with immediate effect.
(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 to the Council.
(6) In order to ensure uniform conditions for the implementation of the provisions of Regulation (EC) No 850/98 implementing powers should be conferred upon the Commission concerning the following:
– 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;
– 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;
– the obligation of Member States to ensure that levels of fishing effort are not exceeded in certain areas of ICES Division IXa, and
– temporary measures where the conservation of stocks of marine organisms calls for immediate action.
(7) The implementing powers conferred upon the Commission, except those concerning the obligation of Member States to ensure that levels of fishing effort are not exceeded in certain areas of ICES Division IXa, 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].
(8) Regulation (EC) No 850/98 should therefore be amended accordingly.