2009/0129(COD)

General Fisheries Commission for the Mediterranean GFCM: fishing in the GFCM Agreement Area

Procedure completed

2009/0129(COD) General Fisheries Commission for the Mediterranean GFCM: fishing in the GFCM Agreement Area
RoleCommitteeRapporteurShadows
Opinion ENVI
Lead PECH RIVELLINI Crescenzio (EPP)
Lead PECH RIVELLINI Crescenzio (EPP)
Lead committee dossier: PECH/7/07594
Legal Basis TFEU TFEU 043-p2
Subjects
Links

Activites

  • 2011/12/30 Final act published in Official Journal
  • 2011/12/13 Final act signed
  • 2011/12/13 Text adopted by Parliament, 2nd reading
    • T7-0562/2011 summary
    • Results of vote in Parliament
  • 2011/11/23 Committee recommendation tabled for plenary, 2nd reading
    • A7-0392/2011 summary
    • PECH PECH/7/07594 RIVELLINI Crescenzio EPP
    • PECH PECH/7/07594 RIVELLINI Crescenzio EPP
  • 2011/11/22 Vote in committee, 2nd reading
  • 2011/10/27 Committee referral announced in Parliament, 2nd reading
  • 2011/10/26 Committee draft report
  • 2011/10/25 Commission communication on Council's position
    • COM(2011)0697 summary
    • DG Maritime Affairs and Fisheries, DAMANAKI Maria
  • #3120
  • 2011/10/20 Council Meeting
    • 12607/2/2011 summary
  • 2011/10/07 Council statement on its position
  • 2011/03/08 Text adopted by Parliament, 1st reading/single reading
    • T7-0079/2011 summary
    • Results of vote in Parliament
  • 2011/03/08 Commission response to text adopted in plenary
    • SP(2011)3793
    • DG Maritime Affairs and Fisheries, DAMANAKI Maria
  • 2011/03/07 Debate in Parliament
  • 2011/02/03 Committee report tabled for plenary, 1st reading/single reading
  • 2011/01/25 Vote in committee, 1st reading/single reading
  • 2010/03/17 Economic and Social Committee: opinion, report
  • 2009/12/02 Additional information
  • 2009/11/11 Committee draft report
  • 2009/10/07 Committee referral announced in Parliament, 1st reading/single reading
  • 2009/09/29 EP officialisation
  • 2009/09/16 Legislative proposal
    • COM(2009)0477 summary
    • DG Maritime Affairs and Fisheries, DAMANAKI Maria

Documents

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • date
    2009-09-16
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2009&nu_doc=0477
      text
      • PURPOSE: to lay down the rules for the application by the Community of the conservation, management, exploitation, monitoring, marketing and enforcement measures for fishery and aquaculture products as established by the General Fisheries Commission for the Mediterranean (hereinafter GFCM).

        PROPOSED ACT: Council Regulation.

        BACKGROUND: the European Community, as well as Bulgaria, Cyprus, France, Greece, Italy, Malta, Romania, Slovenia and Spain, are Contracting Parties to the General Fisheries Commission for the Mediterranean ("GFCM"), a Regional Fisheries Management Organisation established under Article XIV of the FAO Constitution. The GFCM may, on the basis of scientific advice, adopt recommendations and resolutions designed to promote the development, conservation, rational management and best utilization of stocks of living aquatic resources in the Mediterranean and the Black Sea at levels are considered sustainable and at low risk. Since recommendations adopted by the GFCM are binding on its Contracting Parties and since the Community is such a contracting party, the recommendations are binding on the Community and should therefore be transposed, where their content is not already covered by Community legislation, into Community law. Until recently, recommendations adopted by GFCM have been transposed into Community on a temporary basis, through the annual regulations on fishing opportunities. However, the permanent character of such recommendations would require also a more permanent legal instrument for their transposition into Community law.

        CONTENT: this draft Regulation transposes recommendations of the General Fisheries Commission for the Mediterranean (GFCM), as adopted in its Annual Sessions into Community law. It lays down the rules for the application by the Community of the conservation, management, exploitation, monitoring, marketing and enforcement measures for fishery and aquaculture products as established by the GFCM. It applies to all commercial fishing and aquaculture activities conducted by Community fishing vessels and nationals of Member States in the GFCM Agreement Area. By way of derogation it does not apply to fishing operations conducted solely for the purpose of scientific investigations.  Future recommendations can be added by way of amendments to the regulation. This will also improve legal certainty and it is an important step towards simplification.

        The content and obligations of the recommendations adopted by GFCM are often entirely or partly covered by EU legislation adopted previously and therefore only those aspects which differ from the EU legislation in question need to be transposed, as well as the relevant reporting obligations, where appropriate.

        Since GFCM recommendations apply to the entire GFCM agreement area which covers the Mediterranean, the Black Sea and connecting waters as referred to in Annex II to Council Decision 1998/416/EC, for reasons of clarity of Community legislation they should be transposed in a regulation separate from Regulation 1967/2006 which only covers the Mediterranean Sea.

        For reasons of autonomy the GFCM uses the term 'Fisheries Restricted Areas' for spatial management measures. This terminology is equivalent to the 'Fishing Protected Areas' as used in Regulation (EC) N° 1967/2006.

      celexid
      CELEX:52009PC0477:EN
      type
      Legislative proposal published
      title
      COM(2009)0477
    body
    EC
    commission
    • DG
      Maritime Affairs and Fisheries
      Commissioner
      DAMANAKI Maria
    type
    Legislative proposal
  • body
    EP
    date
    2009-09-29
    type
    EP officialisation
  • date
    2009-10-07
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2009-11-11
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE430.572
      type
      Committee draft report
      title
      PE430.572
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    EP
    type
    Committee draft report
  • date
    2009-12-02
    text
    • The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

      These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

      In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure.

      The Lisbon Treaty also introduced new concepts of decision-making procedure. The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

      The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

      In the case of the proposal for a Council Regulation on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement Area, the entry into force of the Lisbon Treaty had the following impacts:

      ·        the old legal basis - Treaty/EC/Art.37 - became Art. 43 (2) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal;

      ·        the proposal, which had previously fallen under the old consultation procedure (CNS), was classified as an ordinary legislative procedure (COD).

    body
    type
    Additional information
  • date
    2010-03-17
    docs
    • url
      http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=0459&year=2010
      title
      CES0459/2010
      type
      Economic and Social Committee: opinion, report
      celexid
      CELEX:52010AE0459:EN
    body
    ESOC
    type
    Economic and Social Committee: opinion, report
  • date
    2011-01-25
    text
    • The Committee on Fisheries adopted the report by Crescenzio RIVELLINI (EPP, IT) on the proposal for a regulation of the European Parliament and of the Council on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement Area.

      It recommended that the European Parliament's position at first reading under the ordinary legislative procedure should be to amend the Commission proposal.

      The main amendments are as follows:

      Delegated and implementing acts: Members clarified that the Commission is empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of the incorporation into EU law of future amendments to those GFCM measures for conservation, control or enforcement, as already transposed into EU law, which form the subject matter of certain explicitly defined non-essential elements of the Regulation and which become binding upon the European Union and its Member States in accordance with the terms of the General Fisheries Commission for the Mediterranean (GFCM). It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission may amend the provisions of the Regulation, by means of delegated acts concerning the following, as set out in the text:

      • the fisheries restricted area in the Gulf of Lions;
      • the fisheries restricted areas in order to protect deep-sea sensitive habitats;
      • the establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs);
      • the provision of information to the Executive Secretary of GFCM;
      • the register of authorised vessels;
      • cooperation, information and reporting;
      • table, map and geographical coordinates of GFCM Geographical Sub-Areas (GSAs);
      • GFCM statistical matrixes.

      The committee specifies according to Article 291 TFEU, rules and general principles concerning mechanisms for the control by Member States of the Commission's exercise of its GFCM statistical matrixes implementing powers shall be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, Council Decision 1999/468/EC (comitology) continues to apply.

      Amendments to Regulation (EC) No 1967/2006: Members want Article 9 of this Regulation on minimum mesh sizes to be amended, so that for relevant towed nets the minimum mesh size shall be at least: (a) a square-meshed net of 40 mm at the cod-end, or (b) at the duly justified request of the ship owner, a diamond-meshed net of 50mm of an acknowledged size selectivity that is equivalent to or higher than that of nets of 40mm referred to above.

      Fishing vessels shall be authorised to use and keep on board only one of the two types of nets.

      The Commission shall submit a report on the implementation of this paragraph to the European Parliament and the Council by 30 June 2012, on the basis of which, as well as on the basis of the information supplied by Member States before 31 December 2011, it shall propose suitable amendments where appropriate

      The Commission's proposal had stated that the diamond mesh nets used in the in the Mediterranean Sea in accordance with  Regulation (EC) No 1967/2006 for trawling activities exploiting demersal stocks must have an acknowledged size selectivity equivalent to or higher than that of square-meshed nets of 40 mm at the cod-end. By way of derogation from Regulation (EC) No 1967/2006, until 31 May 2010 Member States might continue to authorise fishing vessels flying their flag to use a codend mesh size smaller than 40 mm diamond in certain local and seasonal demersal trawl fisheries exploiting fish stocks that are not shared with third countries.

    body
    EP
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    type
    Vote in committee, 1st reading/single reading
  • date
    2011-02-03
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-0023&language=EN
      type
      Committee report tabled for plenary, 1st reading/single reading
      title
      A7-0023/2011
    body
    EP
    committees
    type
    Committee report tabled for plenary, 1st reading/single reading
  • date
    2011-03-07
    body
    EP
    type
    Debate in Parliament
  • date
    2011-03-08
    docs
    body
    EP
    type
    Text adopted by Parliament, 1st reading/single reading
  • date
    2011-03-08
    docs
    • url
      http://www.europarl.europa.eu/oeil/spdoc.do?i=19498&j=0&l=en
      type
      Commission response to text adopted in plenary
      title
      SP(2011)3793
    body
    EC
    commission
    • DG
      Maritime Affairs and Fisheries
      Commissioner
      DAMANAKI Maria
    type
    Commission response to text adopted in plenary
  • date
    2011-10-07
    docs
    • url
      http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=15273%2F11&fc=REGAISEN&srm=25&md=100
      type
      Council statement on its position
      title
      15273/2011
    body
    CSL
    type
    Council statement on its position
  • body
    CSL
    meeting_id
    3120
    docs
    • url
      http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=12607%2F11&fc=REGAISEN&srm=25&md=100
      text
      • The Council adopted its position at first reading concerning the proposal for a Regulation on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement Area.

        Although an overall agreement on the text existed between the institutions following the two first trilogues, outstanding issues remained in relation to the scope of application of delegated acts and on the duration of delegation. Therefore, work has concentrated on finding an agreement on the outstanding issues in relation to delegated acts, leaving aside issues agreed in the two first trilogues which were subsequently set out in the position of the Parliament of 10 March 2011.

        Work thus progressed on the presumption of a tacit acceptance of the Parliament's amendments in its position except for the three issues relating to delegation of powers, and subject to later finalisation by the legal-linguistic services of the two institutions.

        Delegated powers: the European Parliament adopted its position in the first reading on 10 March 2011 - a position which with regard to delegated acts could be described as a "half way house" between the Commission and Member States. The European Parliament's move was seen as positive and in the right direction and helped the Hungarian Presidency to engage in new discussions with the various concerned delegations on their views regarding the elements of the transposition they considered to be essential elements. This allowed COREPER to agree on 1 June 2011 to grant the Hungarian Presidency a mandate to negotiate a solution on the outstanding issues at the third informal trilogue on 21 June 2011. An agreement was reached between all three institutions which reads as is set out in Article 26 in the Council's position.

        In addition, it was agreed that the power to adopt delegated acts shall be conferred on the Commission for a period of three yearsfrom the date of entry into force of this Regulation and that a delegated act shall enter into force if no objections has been expressed either by the European Parliament or the Council within a period of twomonths of notification of that act to the European Parliament and the Council.

        Implementing powers: the Commission specified during the third trilogue in respect of which concrete provisions of the Proposal adoption of implementing acts would be advisable, namely Articles 9 (information - report on fisheries activities) Article 12 (4) and (6) (on closed seasons), Article 14 (data collection), Article 15 (3) on minimum mesh size in the Black Sea), Article 23 (cooperation and information) and Article 24(4) (statistical matrices).

        No objections to this list were raised during the third informal trilogue and the draft Council position in first reading has been drawn up taking account of this list.

        The text as finalised by the legal-linguistic experts has been aligned to take account of necessary changes due to the entry into force of the Lisbon treaty, standard formulations based on the new Comitology Regulation and on the Common Understanding on Delegated Acts.

      type
      Council position published
      title
      12607/2/2011
    council
    Agriculture and Fisheries
    date
    2011-10-20
    type
    Council Meeting
  • date
    2011-10-25
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=0697
      text
      • The Commission considers that the Council position is far from its initial proposal on the issue of delegated acts. It agrees that the transposition of new GFCM recommendations should be subject to the ordinary legislative procedure but it has always taken the position that the Commission should be vested with delegated powers to transpose into EU law at least amendments to all existing measures.

        The Commission expresses concern that the limited powers delegated to it by the co-legislators may affect the EU's ability to ensure the timely transposition in EU law of measures taken by the GFCM in the future that revise or update the international conservation and management measures of this organisation.

        The Commission therefore may propose amendments to the Regulation increasing the number of measures which should be adopted by delegated acts in case the transposition through the ordinary legislative procedure leads to delays which would jeopardise the EU's ability to comply with its international obligations.

        In order to avoid further delays in the transposition of binding GFCM measures into EU law that would result from a long second reading, the Council position can be supported.

      title
      COM(2011)0697
      type
      Commission communication on Council's position
      celexid
      CELEX:52011DC0697:EN
    body
    EC
    commission
    • DG
      Maritime Affairs and Fisheries
      Commissioner
      DAMANAKI Maria
    type
    Commission communication on Council's position
  • date
    2011-10-26
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE475.765
      type
      Committee draft report
      title
      PE475.765
    body
    EP
    type
    Committee draft report
  • date
    2011-10-27
    body
    EP
    type
    Committee referral announced in Parliament, 2nd reading
    committees
  • date
    2011-11-22
    body
    EP
    type
    Vote in committee, 2nd reading
    committees
  • body
    EP
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-0392&language=EN
      text
      • The Committee on Fisheries adopted the recommendation for second reading contained in the report drafted by Crescenzio RIVELLINI (PPE, IT) in which it recommends the European Parliament to approve the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea.

      type
      Committee recommendation tabled for plenary, 2nd reading
      title
      A7-0392/2011
    type
    Committee recommendation tabled for plenary, 2nd reading
    committees
    date
    2011-11-23
  • date
    2011-12-13
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    type
    Final act signed
  • date
    2011-12-13
    docs
    body
    EP
    type
    Text adopted by Parliament, 2nd reading
  • date
    2011-12-30
    docs
    type
    Final act published in Official Journal
committees added
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    Environment, Public Health and Food Safety
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links added
National parliaments
European Commission
other added
  • body
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    Maritime Affairs and Fisheries
    commissioner
    DAMANAKI Maria
procedure added
dossier_of_the_committee
PECH/7/07594
geographical_area
  • Mediterranean Sea Area
reference
2009/0129(COD)
subtype
Legislation
legal_basis
  • Treaty on the Functioning of the EU TFEU 043-p2
stage_reached
Procedure completed
summary
  • Amending Regulation (EC) No 1967/2006
instrument
Regulation
title
General Fisheries Commission for the Mediterranean GFCM: fishing in the GFCM Agreement Area
type
COD - Ordinary legislative procedure (ex-codecision)
final
subject

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© European Union, 2011 – Source: European Parliament