BETA


2012/0013(COD) Fishery resources: recovery of cod stocks, long-term plan; aligning the Regulation with the TFEU (Commission delegated and implementing powers)

Progress: Awaiting Council 1st reading position / budgetary conciliation convocation

RoleCommitteeRapporteurShadows
Former Responsible Committee PECH DODDS Diane (icon: NA NA)
Former Committee Opinion ENVI
Lead committee dossier:
Legal Basis:
TFEU 043-p2

Events

2013/07/16
   Commission response to text adopted in plenary
Documents
2013/06/11
   EP - Results of vote in Parliament
2013/06/11
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 600 votes to 14, with 5 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks.

Parliament adopted its position at first reading according to the ordinary legislative procedure. The amendments adopted amend the Commission’s proposal as follows:

Amendment of the multiannual plan: it is explicitly stated that any amendment to the multi-annual plan, apart from the exceptions specified in the regulation, would have to be adopted via the ordinary legislative procedure .

Adoption of delegated acts: before taking a decision to adopt delegated acts to set fishing mortality rates and associated spawning stock biomass, the Commission should be required to use scientific data from the Scientific, Technical and Economic Committee for Fisheries (STECF) and consult the relevant Regional Advisory Council.

Parliament proposes to limit the delegation of power to a period of three years (renewable) from the date of entry into force of the Regulation and to oblige the Commission to present a report on its exercise in order to have a regular evaluation and questioning of the use of the delegation.

Documents
2013/04/24
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Fisheries adopted the report by Diane DODDS (NI, UK) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks.

The parliamentary committee recommends that the European Parliament’s position adopted at first reading according to the ordinary legislative procedure should amend the Commission’s proposal.

Amendment of the multiannual plan: Members want it explicitly stated that any amendment to the multi-annual plan, apart from the exceptions specified in the regulation, would have to be adopted via the ordinary legislative procedure .

Adoption of delegated acts: before taking a decision to adopt delegated acts to set fishing mortality rates and associated spawning stock biomass, the Commission should be required to use scientific data from the Scientific, Technical and Economic Committee for Fisheries (STECF) and consult the relevant Regional Advisory Council.

Members propose to limit the delegation of power to a period of three years from the date of entry into force of the Regulation and to oblige the Commission to present a report on its exercise in order to have a regular evaluation and questioning of the use of the delegation.

Documents
2013/04/23
   EP - Vote in committee, 1st reading/single reading
2012/12/21
   EP - Committee draft report
Documents
2012/05/07
   PT_PARLIAMENT - Contribution
Documents
2012/03/28
   ESC - Economic and Social Committee: opinion, report
Documents
2012/03/13
   EP - Committee referral announced in Parliament, 1st reading/single reading
2012/02/29
   EP - Former Responsible Committee
2012/01/31
   EC - Legislative proposal published
Details

PURPOSE: to bring Council Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (‘the cod plan’) into line with the new rules of the TFEU (Commission’s powers of adopting delegated acts and implementing acts.)

PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND : the Treaty on the Functioning of the European Union (TFEU) makes a distinction between:

· powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, as laid down in Article 290(1) TFEU (delegated acts);

· and on the other hand, powers conferred on the Commission to adopt uniform conditions for implementing legally binding Union acts, as laid down in Article 291(2) TFEU (implementing acts).

Article 10(1) of Regulation (EC) No 1342/2008 stipulates that if it appears in the light of scientific advice that the fishing mortality rates and associated spawning stock biomass levels used for the purposes of the plan are no longer appropriate, the Council must revise such parameters so as to ensure that the plan can attain its management objectives. The Regulation currently in force confers the power to amend these non-essential elements of the plan on the Council. Such a decision-making procedure is no longer possible under the TFEU.

The powers conferred on the Commission by Council Regulation (EC) No 1342/2008 must therefore be classified as delegated or implementing measures.

IMPACT ASSESSMENT: there was no need for interested parties to be consulted or for an impact assessment to be carried out.

LEGAL BASIS: Article 43(2) of the Treaty on the Functioning of the European Union.

CONTENT: the main thrust of the proposal is to identify the powers conferred on the Commission by Council Regulation (EC) No 1342/2008 and to classify them as delegated or implementing powers.

In order to amend or supplement non-essential elements of the provisions of Regulation (EC) No 1342/2008, the power to adopt acts in accordance with Article 290 of the Treaty is delegated to the Commission in respect of the following:

· changes to the established values for the maximum fishing mortality rates and associated spawning stock biomass levels, when the target fishing mortality rate has been reached;

· the rules concerning: (i) the adjustment of the fishing effort where a group of vessels is excluded from or re-included in the effort regime; (ii) the method for calculating the fishing capacity and the adjustment of the maximum capacity levels due to permanent cessation of fishing activities and capacity transfers; (iii) the calculation method for adapting the maximum allowable fishing effort; and (iv) changes to the composition of the geographical areas and gear groupings.

Furthermore, implementing powers are conferred on the Commission in respect of detailed rules on the procedure and format for transmitting the information required to the Commission, and the format of the special fishing permit and of the list of vessels holding such special permit.

BUDGETARY IMPLICATIONS: this measure does not involve any additional Union expenditure.

Documents

Votes

A7-0141/2013 - Diane Dodds - Vote unique

2013/06/11 Outcome: +: 600, -: 14, 0: 5
DE IT FR ES GB PL RO CZ BE HU PT SE BG EL AT NL SK IE FI DK LT SI LV EE LU MT CY ??
Total
81
59
59
43
62
42
27
19
18
18
18
17
16
18
16
23
11
10
9
9
8
8
7
5
5
5
4
2
icon: PPE PPE
220

Czechia PPE

For (1)

1

Denmark PPE

For (1)

1

Estonia PPE

For (1)

1

Luxembourg PPE

3

Malta PPE

2

Cyprus PPE

1
2
icon: S&D S&D
151

Hungary S&D

2

Bulgaria S&D

2

Netherlands S&D

2

Finland S&D

2

Slovenia S&D

2

Latvia S&D

1

Estonia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Cyprus S&D

1
icon: ALDE ALDE
64

Greece ALDE

1

Slovakia ALDE

For (1)

1

Finland ALDE

2

Lithuania ALDE

1

Slovenia ALDE

2
icon: Verts/ALE Verts/ALE
51

Spain Verts/ALE

2

United Kingdom Verts/ALE

4

Belgium Verts/ALE

3

Portugal Verts/ALE

For (1)

1

Greece Verts/ALE

1

Austria Verts/ALE

2

Netherlands Verts/ALE

3

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

2

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
44

Belgium ECR

For (1)

1

Hungary ECR

For (1)

1

Netherlands ECR

For (1)

1

Denmark ECR

For (1)

1

Lithuania ECR

1
icon: GUE/NGL GUE/NGL
32

Spain GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1

Sweden GUE/NGL

1

Greece GUE/NGL

3

Netherlands GUE/NGL

2

Ireland GUE/NGL

For (1)

1

Denmark GUE/NGL

1

Latvia GUE/NGL

For (1)

1
icon: NI NI
26

France NI

For (1)

1

Spain NI

1

Belgium NI

For (1)

1

Bulgaria NI

2
icon: EFD EFD
30

France EFD

1

Belgium EFD

For (1)

1

Greece EFD

2

Netherlands EFD

For (1)

1

Slovakia EFD

For (1)

1

Finland EFD

For (1)

1

Lithuania EFD

For (1)

1
icon: PSE PSE
1

Bulgaria PSE

1
AmendmentsDossier
5 2012/0013(COD)
2013/02/25 PECH 5 amendments...
source: PE-506.071

History

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

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      text
      • PURPOSE: to bring Council Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (‘the cod plan’) into line with the new rules of the TFEU (Commission’s powers of adopting delegated acts and implementing acts.)

        PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND : the Treaty on the Functioning of the European Union (TFEU) makes a distinction between:

        ·        powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, as laid down in Article 290(1) TFEU (delegated acts);

        ·        and on the other hand, powers conferred on the Commission to adopt uniform conditions for implementing legally binding Union acts, as laid down in Article 291(2) TFEU (implementing acts).

        Article 10(1) of Regulation (EC) No 1342/2008 stipulates that if it appears in the light of scientific advice that the fishing mortality rates and associated spawning stock biomass levels used for the purposes of the plan are no longer appropriate, the Council must revise such parameters so as to ensure that the plan can attain its management objectives. The Regulation currently in force confers the power to amend these non-essential elements of the plan on the Council. Such a decision-making procedure is no longer possible under the TFEU.

        The powers conferred on the Commission by Council Regulation (EC) No 1342/2008 must therefore be classified as delegated or implementing measures.

        IMPACT ASSESSMENT: there was no need for interested parties to be consulted or for an impact assessment to be carried out.

        LEGAL BASIS: Article 43(2) of the Treaty on the Functioning of the European Union.

        CONTENT: the main thrust of the proposal is to identify the powers conferred on the Commission by Council Regulation (EC) No 1342/2008 and to classify them as delegated or implementing powers.

        In order to amend or supplement non-essential elements of the provisions of Regulation (EC) No 1342/2008, the power to adopt acts in accordance with Article 290 of the Treaty is delegated to the Commission in respect of the following:

        ·        changes to the established values for the maximum fishing mortality rates and associated spawning stock biomass levels, when the target fishing mortality rate has been reached;

        ·        the rules concerning: (i) the adjustment of the fishing effort where a group of vessels is excluded from or re-included in the effort regime; (ii) the method for calculating the fishing capacity and the adjustment of the maximum capacity levels due to permanent cessation of fishing activities and capacity transfers; (iii) the calculation method for adapting the maximum allowable fishing effort; and (iv) changes to the composition of the geographical areas and gear groupings.

        Furthermore, implementing powers are conferred on the Commission in respect of detailed rules on the procedure and format for transmitting the information required to the Commission, and the format of the special fishing permit and of the list of vessels holding such special permit.

        BUDGETARY IMPLICATIONS: this measure does not involve any additional Union expenditure.

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      • The Committee on Fisheries adopted the report by Diane DODDS (NI, UK) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks.

        The parliamentary committee recommends that the European Parliament’s position adopted at first reading according to the ordinary legislative procedure should amend the Commission’s proposal.

        Amendment of the multiannual plan: Members want it explicitly stated that any amendment to the multi-annual plan, apart from the exceptions specified in the regulation, would have to be adopted via the ordinary legislative procedure.

        Adoption of delegated acts: before taking a decision to adopt delegated acts to set fishing mortality rates and associated spawning stock biomass, the Commission should be required to use scientific data from the Scientific, Technical and Economic Committee for Fisheries (STECF) and consult the relevant Regional Advisory Council.

        Members propose to limit the delegation of power to a period of three years from the date of entry into force of the Regulation and to oblige the Commission to present a report on its exercise in order to have a regular evaluation and questioning of the use of the delegation.

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    • PURPOSE: to bring Council Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (‘the cod plan’) into line with the new rules of the TFEU (Commission’s powers of adopting delegated acts and implementing acts.)

      PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND : the Treaty on the Functioning of the European Union (TFEU) makes a distinction between:

      ·        powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, as laid down in Article 290(1) TFEU (delegated acts);

      ·        and on the other hand, powers conferred on the Commission to adopt uniform conditions for implementing legally binding Union acts, as laid down in Article 291(2) TFEU (implementing acts).

      Article 10(1) of Regulation (EC) No 1342/2008 stipulates that if it appears in the light of scientific advice that the fishing mortality rates and associated spawning stock biomass levels used for the purposes of the plan are no longer appropriate, the Council must revise such parameters so as to ensure that the plan can attain its management objectives. The Regulation currently in force confers the power to amend these non-essential elements of the plan on the Council. Such a decision-making procedure is no longer possible under the TFEU.

      The powers conferred on the Commission by Council Regulation (EC) No 1342/2008 must therefore be classified as delegated or implementing measures.

      IMPACT ASSESSMENT: there was no need for interested parties to be consulted or for an impact assessment to be carried out.

      LEGAL BASIS: Article 43(2) of the Treaty on the Functioning of the European Union.

      CONTENT: the main thrust of the proposal is to identify the powers conferred on the Commission by Council Regulation (EC) No 1342/2008 and to classify them as delegated or implementing powers.

      In order to amend or supplement non-essential elements of the provisions of Regulation (EC) No 1342/2008, the power to adopt acts in accordance with Article 290 of the Treaty is delegated to the Commission in respect of the following:

      ·        changes to the established values for the maximum fishing mortality rates and associated spawning stock biomass levels, when the target fishing mortality rate has been reached;

      ·        the rules concerning: (i) the adjustment of the fishing effort where a group of vessels is excluded from or re-included in the effort regime; (ii) the method for calculating the fishing capacity and the adjustment of the maximum capacity levels due to permanent cessation of fishing activities and capacity transfers; (iii) the calculation method for adapting the maximum allowable fishing effort; and (iv) changes to the composition of the geographical areas and gear groupings.

      Furthermore, implementing powers are conferred on the Commission in respect of detailed rules on the procedure and format for transmitting the information required to the Commission, and the format of the special fishing permit and of the list of vessels holding such special permit.

      BUDGETARY IMPLICATIONS: this measure does not involve any additional Union expenditure.

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    • PURPOSE: to bring Council Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (‘the cod plan’) into line with the new rules of the TFEU (Commission’s powers of adopting delegated acts and implementing acts.)

      PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND : the Treaty on the Functioning of the European Union (TFEU) makes a distinction between:

      ·        powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, as laid down in Article 290(1) TFEU (delegated acts);

      ·        and on the other hand, powers conferred on the Commission to adopt uniform conditions for implementing legally binding Union acts, as laid down in Article 291(2) TFEU (implementing acts).

      Article 10(1) of Regulation (EC) No 1342/2008 stipulates that if it appears in the light of scientific advice that the fishing mortality rates and associated spawning stock biomass levels used for the purposes of the plan are no longer appropriate, the Council must revise such parameters so as to ensure that the plan can attain its management objectives. The Regulation currently in force confers the power to amend these non-essential elements of the plan on the Council. Such a decision-making procedure is no longer possible under the TFEU.

      The powers conferred on the Commission by Council Regulation (EC) No 1342/2008 must therefore be classified as delegated or implementing measures.

      IMPACT ASSESSMENT: there was no need for interested parties to be consulted or for an impact assessment to be carried out.

      LEGAL BASIS: Article 43(2) of the Treaty on the Functioning of the European Union.

      CONTENT: the main thrust of the proposal is to identify the powers conferred on the Commission by Council Regulation (EC) No 1342/2008 and to classify them as delegated or implementing powers.

      In order to amend or supplement non-essential elements of the provisions of Regulation (EC) No 1342/2008, the power to adopt acts in accordance with Article 290 of the Treaty is delegated to the Commission in respect of the following:

      ·        changes to the established values for the maximum fishing mortality rates and associated spawning stock biomass levels, when the target fishing mortality rate has been reached;

      ·        the rules concerning: (i) the adjustment of the fishing effort where a group of vessels is excluded from or re-included in the effort regime; (ii) the method for calculating the fishing capacity and the adjustment of the maximum capacity levels due to permanent cessation of fishing activities and capacity transfers; (iii) the calculation method for adapting the maximum allowable fishing effort; and (iv) changes to the composition of the geographical areas and gear groupings.

      Furthermore, implementing powers are conferred on the Commission in respect of detailed rules on the procedure and format for transmitting the information required to the Commission, and the format of the special fishing permit and of the list of vessels holding such special permit.

      BUDGETARY IMPLICATIONS: this measure does not involve any additional Union expenditure.

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2016-04-19T00:00:00
New
2015-02-04T00:00:00
activities/5/type
Old
Committee decision to open interinstitutional negotiations after 1st reading in Parliament
New
Ongoing early second reading negotiations
committees/1
body
EP
shadows
responsible
True
committee
PECH
date
2015-02-04T00:00:00
committee_full
Fisheries
rapporteur
  • group
    NI
    name
    DODDS Diane
committees/2/shadows
  • group
    ALDE
    name
    TORVALDS Nils
  • group
    Verts/ALE
    name
    LÖVIN Isabella
  • group
    GUE/NGL
    name
    FERREIRA João
activities/5
date
2016-04-19T00:00:00
body
unknown
type
Committee decision to open interinstitutional negotiations after 1st reading in Parliament
activities/0/docs/0/celexid
CELEX:52012PC0021:EN
activities/0/docs/0/celexid
CELEX:52012PC0021:EN
activities/0/docs/0/celexid
CELEX:52012PC0021:EN
activities/0/docs/0/celexid
CELEX:52012PC0021:EN
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date
    2012-01-31T00:00:00
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=21
      text
      • PURPOSE: to bring Council Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (‘the cod plan’) into line with the new rules of the TFEU (Commission’s powers of adopting delegated acts and implementing acts.)

        PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND : the Treaty on the Functioning of the European Union (TFEU) makes a distinction between:

        ·        powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, as laid down in Article 290(1) TFEU (delegated acts);

        ·        and on the other hand, powers conferred on the Commission to adopt uniform conditions for implementing legally binding Union acts, as laid down in Article 291(2) TFEU (implementing acts).

        Article 10(1) of Regulation (EC) No 1342/2008 stipulates that if it appears in the light of scientific advice that the fishing mortality rates and associated spawning stock biomass levels used for the purposes of the plan are no longer appropriate, the Council must revise such parameters so as to ensure that the plan can attain its management objectives. The Regulation currently in force confers the power to amend these non-essential elements of the plan on the Council. Such a decision-making procedure is no longer possible under the TFEU.

        The powers conferred on the Commission by Council Regulation (EC) No 1342/2008 must therefore be classified as delegated or implementing measures.

        IMPACT ASSESSMENT: there was no need for interested parties to be consulted or for an impact assessment to be carried out.

        LEGAL BASIS: Article 43(2) of the Treaty on the Functioning of the European Union.

        CONTENT: the main thrust of the proposal is to identify the powers conferred on the Commission by Council Regulation (EC) No 1342/2008 and to classify them as delegated or implementing powers.

        In order to amend or supplement non-essential elements of the provisions of Regulation (EC) No 1342/2008, the power to adopt acts in accordance with Article 290 of the Treaty is delegated to the Commission in respect of the following:

        ·        changes to the established values for the maximum fishing mortality rates and associated spawning stock biomass levels, when the target fishing mortality rate has been reached;

        ·        the rules concerning: (i) the adjustment of the fishing effort where a group of vessels is excluded from or re-included in the effort regime; (ii) the method for calculating the fishing capacity and the adjustment of the maximum capacity levels due to permanent cessation of fishing activities and capacity transfers; (iii) the calculation method for adapting the maximum allowable fishing effort; and (iv) changes to the composition of the geographical areas and gear groupings.

        Furthermore, implementing powers are conferred on the Commission in respect of detailed rules on the procedure and format for transmitting the information required to the Commission, and the format of the special fishing permit and of the list of vessels holding such special permit.

        BUDGETARY IMPLICATIONS: this measure does not involve any additional Union expenditure.

      celexid
      CELEX:52012PC0021:EN
      type
      Legislative proposal published
      title
      COM(2012)0021
    body
    EC
    type
    Legislative proposal published
    commission
    • DG
      Commissioner
      DAMANAKI Maria
  • date
    2012-03-13T00:00:00
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2013-04-23T00:00:00
    body
    EP
    type
    Vote in committee, 1st reading/single reading
    committees
  • body
    EP
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-141&language=EN
      text
      • The Committee on Fisheries adopted the report by Diane DODDS (NI, UK) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks.

        The parliamentary committee recommends that the European Parliament’s position adopted at first reading according to the ordinary legislative procedure should amend the Commission’s proposal.

        Amendment of the multiannual plan: Members want it explicitly stated that any amendment to the multi-annual plan, apart from the exceptions specified in the regulation, would have to be adopted via the ordinary legislative procedure.

        Adoption of delegated acts: before taking a decision to adopt delegated acts to set fishing mortality rates and associated spawning stock biomass, the Commission should be required to use scientific data from the Scientific, Technical and Economic Committee for Fisheries (STECF) and consult the relevant Regional Advisory Council.

        Members propose to limit the delegation of power to a period of three years from the date of entry into force of the Regulation and to oblige the Commission to present a report on its exercise in order to have a regular evaluation and questioning of the use of the delegation.

      type
      Committee report tabled for plenary, 1st reading/single reading
      title
      A7-0141/2013
    type
    Committee report tabled for plenary, 1st reading/single reading
    committees
    date
    2013-04-24T00:00:00
  • date
    2013-06-11T00:00:00
    docs
    body
    EP
    type
    Results of vote in Parliament
committees
  • body
    EP
    responsible
    False
    committee_full
    Environment, Public Health and Food Safety
    committee
    ENVI
  • body
    EP
    shadows
    responsible
    True
    committee
    PECH
    date
    2012-02-29T00:00:00
    committee_full
    Fisheries
    rapporteur
    • group
      NI
      name
      DODDS Diane
links
National parliaments
European Commission
other
  • body
    EC
    dg
    commissioner
    DAMANAKI Maria
procedure
dossier_of_the_committee
PECH/7/08867
Mandatory consultation of other institutions
Economic and Social Committee
reference
2012/0013(COD)
instrument
Regulation
legal_basis
  • Treaty on the Functioning of the EU TFEU 043-p2
stage_reached
Awaiting Council 1st reading position / budgetary conciliation convocation
summary
  • Amending Regulation (EC) No 1342/2008
subtype
Legislation
Modified legal basis
Rules of Procedure of the European Parliament EP 150
title
Fishery resources: recovery of cod stocks, long-term plan; aligning the Regulation with the TFEU (Commission delegated and implementing powers)
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject