PURPOSE: to amend Council Regulation (EC) No 812/2004 laying down measures concerning incidental catches of cetaceans in fisheries, in order to identify the powers conferred upon the Commission and to classify these as delegated or implementing powers.

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:

• the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act (delegated acts under Article 290(1)), and
• the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article of the TFEU (implementing acts under Article 291(2)).

As a consequence of the entry into force of the Lisbon Treaty, the Commission powers conferred for the implementation of Regulation (EC) No 812/2004 need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union.

IMPACT ASSESSMENT: no impact assessment was undertaken.

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

CONTENT: the main points of the proposal are as follows:

• the Commission will be empowered to adopt delegated acts in respect of technical specifications and conditions of use of acoustic deterrent devices. The delegation of power shall be conferred for an indeterminate period of time and may be revoked at any time by the European Parliament or by the Council. A delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within 2 months. That period shall be extended by 2 months at the initiative of the European Parliament or the Council;
• implementing powers will be conferred on the Commission concerning rules on the procedure and format for reporting obligations for Member States.

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

The European Parliament adopted by 690 to 5 with 10 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 812/2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98.

Parliament adopted its position in first reading following the ordinary legislative procedure. It amended the Commission proposal as follows:

Review of the Regulation: noting that cetacean populations have dramatically decreased, while tens of thousands of cetaceans die every year in EU waters, Members call on the Commission to review, no later than 31 December 2015, the effectiveness of the measures laid down in this Regulation and accompany this review with an overarching legislative proposal for ensuring the effective protection of cetaceans.

Delegated acts: the Commission should be empowered to adopt delegated acts In order to ensure the efficient adaptation of certain provisions to reflect technical and scientific progress. Parliament proposes to limit the delegation of power to three years from the entry into force of the regulation (which may be tacitly extended for an identical period) and to require the Commission to draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period.

The Committee on Fisheries adopted the report by Raül ROMEVA i RUEDA (Greens/EFA, ES) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 812/2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98.

The committee recommends that the European Parliament’s position, adopted at first reading following the ordinary legislative procedures, should be to amend the Commission proposal as follows:

Review of the Regulation: noting that cetacean populations have dramatically decreased, while tens of thousands of cetaceans die every year in EU waters, Members call on the Commission to review, no later than 31 December 2015, the effectiveness of the measures laid down in this Regulation and accompany this review with an overarching legislative proposal for ensuring the effective protection of cetaceans.

Delegated acts: the report suggests a stricter definition of the circumstances under which the Commission may adopt delegated acts. They propose limiting the delegation of power on the Commission for a period of three years from the date of entry into force of this Regulation. They oblige the Commission to report on its exercise in order to have a regular evaluation and questioning of the use of the delegation.

PURPOSE: to amend Council Regulation (EC) No 812/2004 laying down measures concerning incidental catches of cetaceans in fisheries, in order to identify the powers conferred upon the Commission and to classify these as delegated or implementing powers.

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:

• the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act (delegated acts under Article 290(1)), and
• the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article of the TFEU (implementing acts under Article 291(2)).

As a consequence of the entry into force of the Lisbon Treaty, the Commission powers conferred for the implementation of Regulation (EC) No 812/2004 need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union.

IMPACT ASSESSMENT: no impact assessment was undertaken.

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

CONTENT: the main points of the proposal are as follows:

• the Commission will be empowered to adopt delegated acts in respect of technical specifications and conditions of use of acoustic deterrent devices. The delegation of power shall be conferred for an indeterminate period of time and may be revoked at any time by the European Parliament or by the Council. A delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within 2 months. That period shall be extended by 2 months at the initiative of the European Parliament or the Council;
• implementing powers will be conferred on the Commission concerning rules on the procedure and format for reporting obligations for Member States.

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