PURPOSE: to establish a
European Fisheries Control Agency (codification of Council
Regulation (EC) No 768/2005).
PROPOSED ACT: Regulation of the European Parliament
and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European
Parliament decides in accordance with the ordinary legislative
procedure and on an equal footing with the Council.
BACKGROUND: Council Regulation (EC) No 768/2005 has
been substantially amended several times.
On 1 April 1987, the Commission decided to instruct
its staff that all acts should be codified after no more than ten
amendments, stressing that this is a minimum
requirement.
The Edinburgh European Council in December 1992
confirmed this imperative by stressing the importance of
codification.
The European Parliament, the Council and the
Commission agreed by an Interinstitutional Agreement of 20 December
1994 that an accelerated procedure may be used for the fast track
adoption of codification instruments.
CONTENT: for the sake of clarity and transparency of
the law, the purpose of this proposal is to undertake a
codification of Council Regulation (EC) No 768/2005
establishing a European Fisheries Control Agency and amending
Regulation (EEC) No 2847/93 establishing a control system
applicable to the common fisheries policy.
The new Regulation shall supersede the various acts
incorporated in it; this proposal fully preserves the content
of the acts being codified and hence does no more than bring them
together with only such formal amendments as are required by the
codification exercise itself.
Objective: the proposed
Regulation provides for a European Fisheries Control Agency
(EFCA) with the objective of:
- organising operational coordination of fisheries control and inspection activities by the
Member States;
- assisting Member States to cooperate so as to comply with the rules of the common fisheries
policy in order to ensure its effective and uniform
application.
The Agency's mission shall be to:
- coordinate: (i) controls
and inspections of fisheries by EU countries; (ii) the deployment
of national means of control and inspection pooled by EU countries;
(iii) operations to combat illegal, unreported and unregulated
fishing;
- assist Member States in
(i) providing the European Commission and other interested parties
with information on fishing activities and control and inspection
activities; (ii) fulfilling their obligations under fisheries
policy rules;
- assist Member States and the Commission
in harmonising the implementation of the Common
Fisheries Policy throughout the Union;
- contribute to the
research and development work carried out by the Member States and
the Commission on control and inspection techniques; (ii)
coordinate the training of inspectors and the sharing of experience
between the Member States; (iii) contribute to the harmonised
implementation of the control system of the common fisheries
policy;
- cooperate with the European
Border and Coast Guard Agency and the European
Maritime Safety Agency, each within its own mandate, to support
national authorities carrying out coast guard functions, by
providing services, information, equipment and training, as well as
coordinating multi-purpose operations.
The Agency shall, at the Commission's
request:
- assist the Union and Member States in their
relations with third countries and regional international
fisheries organisations of which the Union is a
member;
- cooperate with the competent authorities of regional
international fisheries organisations regarding the control and
inspection obligations of the Union in the framework of working
arrangements concluded with such bodies.
The Agency shall coordinate operational cooperation
between Member States in accordance with joint deployment
plans, which organise the use of the available means of control
and inspection of the Member States concerned so as to give effect
to control and inspection programmes. Fisheries control and
inspection activities undertaken by the Member States should be
carried out in accordance with common criteria, priorities,
benchmarks and procedures regarding control and inspection
activities on the basis of such programmes.
Organisation: the
Agency, based in Vigo, Spain, shall consist of: (i) an
Executive Director appointed for a five-year term; (ii) an
Advisory Board to assist the Executive Director; and
(iii) an Administrative Board (composed of one
representative from each EU country and six Commission
representatives) which, inter alia, appoints the Executive
Director.