Activites

• 2014/04/16 Final act signed
• 2014/04/16 End of procedure in Parliament
• 2014/04/08 Committee recommendation tabled for plenary, 2nd reading
  • A7-0272/2014
• 2014/04/07 Vote in committee, 2nd reading
• 2014/03/13 Committee referral announced in Parliament, 2nd reading
• 2014/03/04 Council position published
  • 06103/1/2014 summary

    The communication from the Commission concerns the Council’s position at first reading on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 812/2004 laying down measures concerning incidental catches of cetaceans in fisheries. The Commission agrees with the Council position, as the compromise political agreement between the European Parliament and the Council maintains the reclassificiation of the powers as it figures in the Commission's proposal. Specifically, the Commission accepts the compromise aiming to : ·        define the scope of the delegated act concerning acoustic deterrent devices in more specific terms to improve clarity, and to limit the duration of the delegation of powers to four years with a tacit-renewal clause ; ·        add an obligation for the Commission to review the provisions of the Regulation by the end of 2015 and, if appropriate to submit a new legislative proposal. This addition protects the Commission's right of initiative and also provides a reference to the development of measures under regionalisation, which is a key objective of the Common Fisheries Policy However, with regard to the obligation to review this regulation and submit an overarching legislative proposal if appropriate, the Commission sees the need to make a statement to clarify its position. In its statement, the Commission states that it will consider coming forward with a proposal for a new technical measures framework including mitigating measures to minimise incidental catches of cetaceans and other sensitive species, and allow the development of specific measures tailored to the specificities of fisheries at a regional level if appropriate. Once this is achieved, the regulation will be repealed.

• #3298
• 2014/03/03 Council Meeting
• 2013/04/16 Results of vote in Parliament
  • Results of vote in Parliament
  • T7-0104/2013 summary

    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.

• 2013/02/22 Committee report tabled for plenary, 1st reading/single reading
  • A7-0042/2013 summary

    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.

• 2013/02/19 Vote in committee, 1st reading/single reading
• 2012/09/11 Committee referral announced in Parliament, 1st reading/single reading
• 2012/08/08 Legislative proposal published
  • COM(2012)0447 summary

    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.

  • DG {'url': 'http://ec.europa.eu/dgs/maritimeaffairs_fisheries/', 'title': 'Maritime Affairs and Fisheries'}, DAMANAKI Maria

Documents

• Legislative proposal published: COM(2012)0447
• Committee report tabled for plenary, 1st reading/single reading: A7-0042/2013
• Results of vote in Parliament: Results of vote in Parliament
• Decision by Parliament, 1st reading/single reading: T7-0104/2013
• Council position published: 06103/1/2014
• Committee recommendation tabled for plenary, 2nd reading: A7-0272/2014

Amendments

Dossier

3

2012/0216(COD) 2013/01/29 PECH 3 amendments... Amendment 3 # Maria do Céu PATRÃO NEVES Proposal for a regulation - amending act Recital 3 (3) In order to apply certain provisions of Regulation (EC) No 812/2004, 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 technical specifications and conditions of use of acoustic deterrent devices, which should guarantee effective compliance with the intended purpose, without making any significant changes to the selectivity of fishing gear in relation to the respective target species. Amendment 4 # Kriton ARSENIS, Anna ROSBACH, Julie GIRLING, Chris DAVIES, Raül ROMEVA i RUEDA Proposal for a regulation - amending act Recital 6 a (new) (6 a) With regard to the shortcomings of the Regulation (EC) No 812/2004 and the failures in implementation as indicated in COM(2009)0368 and the related 2010 ICES scientific advice and the lacking of integration of the Habitats Directive 92/43/EEC and the requirement by Member States to take the requisite measures to establish a system of strict protection for cetaceans, the Commission should no later than 31 December 2015 assess the shortcomings of Regulation (EC) No 812/2004 and make a legislative proposal for a coherent, overarching legislative framework for ensuring the effective protection of cetaceans from all threats. Amendment 5 # Kriton ARSENIS, Anna ROSBACH, Julie GIRLING, Chris DAVIES, Raül ROMEVA i RUEDA Proposal for a regulation Article 1 – point 1 a (new) Regulation (EC) No 812/2004 Article 7 – paragraph 3 (new)) (1a) In Article 7, the following paragraph is added: "3. The Commission shall no later than 31 December 2015 review 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." source: PE-504.110

History

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