Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-03-07-Speech-1-081-000"
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"en.20110307.18.1-081-000"2
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"Mr President, ladies and gentlemen, the aim of this proposal for a regulation is to incorporate some of the recommendations adopted by the General Fisheries Commission for the Mediterranean (GFCM) to help improve legal certainty while taking an important step towards simplification.
Due to the long period involved, the ordinary legislative procedure, however, seems to be on too large a scale in this specific instance for the issues involved in transposing amendments to the provisions of Article 28, which I do not believe to be essential and which had already been discussed and agreed with the Member States, in the working group, in the Council, and during the session itself, before being proposed or adopted at the annual session of the GFCM.
The fact that the European Union is unable to ensure this transposition of European law within the prescribed period may be considered a breach of its international commitments. This, in turn, could undermine the credibility of the European Union in the context of the GFCM and other international fisheries management organisations
This does a disservice to the European Union and certainly would provide additional fuel to the detractors of the Union, who may suspect that the European Union wastes time on trifles instead of focusing on more substantive issues.
Finally, it is essential to note that important safeguards are built into the system of delegated acts, such as the possibility of objection by the two colegislators, Parliament and Council, with respect to specific acts adopted by the Commission under its delegated powers and the possibility of completely withdrawing the delegation if they are not satisfied with the way in which these powers are used by the Commission.
For this reason, I believe that Article 28 on delegated acts is a good compromise that will, in any case, be debated again with the Council at second reading, in order to find a final agreement. This approach is in line with the de Brún report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and the Romeva report on the proposal for a regulation of the European Parliament and of the Council establishing a catch documentation programme for bluefin tuna.
So far, the recommendations adopted by the GFCM have been transposed into EU legislation on a provisional basis, by means of annual regulations on fishing possibilities. The permanent nature of this recommendation, however, requires a more stable legal instrument for their transposition into Community law. It is therefore opportune to transpose the recommendations in question through a single piece of legislation to which future recommendations can be added by amendment.
As regards the substance of the recommendations adopted by the GFCM, Title II of the proposal for a regulation (‘Technical measures’) imposes various restrictions on fishing in the Gulf of Lions relating to the nets that may be used (Article 5), the issue of special fishing permits and the protection of natural habitats.
Moreover, vessels authorised to participate in the common dolphinfish fishery are to be granted a special fishing permit and included in a list to be provided to the Commission by the Member State concerned (Article 13). With regard to fishing gear, the proposal for a regulation specifies in detail the minimum mesh size to be used in the Mediterranean Sea (Article 15) and the Black Sea (Article 16) and prohibits the use of towed dredgers and trawl nets at depths below 1 000 metres (Article 17).
Title III is dedicated to control measures. These include a requirement for every Member State to send the Commission, through the accustomed data-processing support, an updated list of the vessels of more than 15 metres overall length flying its flag and registered in its territory that it authorises to fish in the GFCM area (Article 18).
Chapter 2 covers port state measures. These apply to third-country fishing vessels, which may be subject to inspections of their landings and trans-shipment operations (Article 21). Furthermore, Member States may not allow a third-country vessel to use their ports if the vessel is not flying the flag of a GFCM contracting party, if it has been engaged in illegal, unregulated and unreported (IUU) fishing, or if it does not have a valid authorisation to engage in fishing (Article 23).
Title IV of the proposal for a regulation (Cooperation, information and reporting) requires the Commission and the Member States to cooperate and exchange information with the Executive Secretary of the GFCM (Article 24), and requires Member States to submit statistical matrices (including vessel registration numbers, capacity, gross tonnage, horsepower, etc.) to the Executive Secretary of the GFCM by the specified deadlines.
In Title V (Final provisions), Article 28 allows the Commission, through a concession by the European Parliament and Council, to amend, by means of delegated acts, provisions that concern non-essential elements of the legislative act, in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU).
Moreover, we note that the parties to the GFCM are required to ensure full implementation of agreed measures from the date set by the GFCM. Timely transposition is therefore necessary to make such international measures directly applicable to natural or legal persons at Union level and to ensure legal certainty in this regard."@en1
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