EXPLANATORY MEMORANDUM

1.CONTEXT OF THE DELEGATED ACT

The Common Fisheries Policy (CFP) provides for the establishment of stakeholders' organizations, the Advisory Councils, whose main role is to provide advice to the Commission and to Member States concerned on matters relating to the management of fisheries and the socio-economic and conservation aspects of fisheries and aquaculture in their respective area or field of competence.

Regulation No 1380/2013 of the European Parliament and of the Council 1 contains rules on the tasks, composition, functioning and funding of the Advisory Councils and empowers the Commission to adopt delegated acts laying down detailed rules on the functioning of the Advisory Councils.

Commission Delegated Regulation (EU) 2015/242 of 9 October 2015 lays down detailed rules on the functioning of the Advisory Councils under the Common Fisheries Policy and in particular on the structure and organisation of the Advisory Councils.

2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

This delegated act modifies the provision on the definitions of the two main categories of stakeholders represented in the Advisory Council according to article 45 § 1 of Regulation 1380/2013 (the fisheries/aquaculture industry on the one hand and the civil society on the other) and the provision on the appointment of the Executive Committee of the Advisory Councils of Commission Delegated Regulation (EU) 2015/242 that supplement non-essential elements of Regulation No 1380/2013.

Taking into account its content, the consultations prior to the adoption of the present delegated act mainly involved the Advisory Councils. The topic was thoroughly discussed during an Inter-AC coordination meeting organized by the Commission with the participation of all the ten Advisory Councils effectively operating on the 5 December 2016, whereas some informal exchanges have also taken place between the services of the Commission and the secretariats of the Advisory Councils. After the Inter-AC coordination meeting, several Advisory Councils or some of their members have submitted their opinion in written.

The draft was presented in the Expert Group for Fisheries and Aquaculture on the 15 December 2016, with the presence of national experts and representatives of the European Parliament and the Council.

3.LEGAL ELEMENTS OF THE DELEGATED ACT

Commission Delegated Regulation (EU) 2015/242 of 9 October 2015 lays down detailed rules on the functioning of the Advisory Councils under the Common Fisheries Policy and in particular on the structure and organisation of the Advisory Councils. Upon entry into force of the present delegated act, article 2 and article 4(2) and 4(3) of Commission Delegated Regulation (EU) 2015/242 of 9 October 2015 will be modified. The aim of the present delegated act is to contribute to the smooth functioning of the Advisory Councils.

COMMISSION DELEGATED REGULATION (EU) …/...

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amending Delegated Regulation (EU) 2015/242 laying down detailed rules on the functioning of the Advisory Councils under the Common Fisheries Policy

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2372/2002 and (EC) 639/2004 and Council Decision 2004/585/EC 2 , and in particular Article 45(4) thereof,

Whereas:

(1)Article 43 of Regulation (EU) No 1380/2013 provides for the establishment of Advisory Councils which are to promote a balanced representation of all stakeholders in the field of fisheries and aquaculture and to contribute to the objectives of the Common Fisheries Policy.

(2)In accordance with Article 45(4) of Regulation (EU) No 1380/2013, the Commission adopted Commission Delegated Regulation (EU) 2015/242 3 laying down detailed rules on the functioning of the Advisory Councils under the Common Fisheries Policy.

(3)Article 2 of Delegated Regulation (EU) 2015/242 defines inter alia the terms "sector organisations" and "other interest groups", which refer to the two categories of stakeholders represented in the Advisory Councils in line with article 45 (1) of Regulation 1380/2013.

(4)It is necessary to further align the definition of the term "sector organisations" to the wording of Article 45(1) of Regulation 1380/2013 to avoid potential interpretative difficulties.

(5)Given that there might be mixed organisations, representing both the fisheries sector and other interests, it is necessary to specify that the general assembly decides on the classification of the members of the Advisory Councils in one of the two categories referred to in article 45(1) of Regulation 1380/2013. 

(6)Article 4 of Delegated Regulation (EU) 2015/242 prescribes the structure and the organisation of the Advisory Councils and in particular the appointment of the executive committee by the general assembly.

(7)In the light of the composition of the Advisory Councils, as defined in point 2(a) of Annex III to Regulation (EU) No 1380/2013, in which 60% of the seats in the general assembly and the executive committee are allotted to sector organisations and 40% to the other interest groups, it is necessary to grant both categories the right to decide autonomously on their representation in the executive committee and thus guarantee a balanced representation of all stakeholders in the Advisory Councils.

(8)

HAS ADOPTED THIS REGULATION:

Article 1

Delegated Regulation 2015/242 is amended as follows:

(1)In Article 2, paragraph 2 is replaced by the following:

"2. Sector organisations" means organisations representing the fisheries (including employed fishermen) and, where appropriate, aquaculture operators, and representatives of the processing and marketing sectors.".

(2)Article 4 is amended as follows:

(a) in paragraph 2,  the following point (c) is added:

"(c) decide on the classification of the members of the Advisory Councils under the categories "sector organisations" or "other interest groups". That decision shall be based on objective and verifiable criteria, such as the provisions of the statutes, the list of the members and the nature of the activities of the organisation concerned.";

(b)paragraph 3 is replaced by the following:

"3. Based on designations from the sector organisations and from the other interest groups for the seats allotted to them respectively, the general assembly appoints an executive committee of up to 25 members. After consultation of the Commission, the general assembly may decide to appoint an executive committee of up to 30 members to ensure appropriate representation of small scale fleets.".

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

(1) Regulation (EU) No 1380/2013 of  the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

(2) OJ L 354, 28.12.2013, p. 22.

(3) Commission Delegated Regulation (EU) 2015/242 of 9 October 2014 laying down detailed rules on the functioning of the Advisory Councils under the Common Fisheries Policy (OJ L 41, 17.2.2015, p.22).