Select Committee on European Legislation First Report


COMMON FISHERIES POLICY: COMMISION POWERS

19.   We consider that the following raises questions of legal and political importance. We make no recommendation for its further consideration, but suggest it would be relevant to a debate on the Community's fisheries policy:--

MINISTRY OF AGRICULTURE, FISHERIES AND FOOD

(17522)
9999/96
COM(96)350
Draft Council Regulation amending Council Regulation (EEC) No. 3760/92 establishing a Community system for fisheries and aquaculture.
Legal base: Article 43; qualified majority voting.

      Background

      19.1  The present Community Regulations for fisheries provide for Community measures to conserve and manage fish stocks, both those exploited by Community fishermen and those managed by international fisheries organisations. The proposal would give the Commission greater powers in relation to international fisheries agreements and make other more technical amendments.

      The proposal

      19.2  The Commission argues that the European Community, as a contracting party to certain international fisheries agreements, is required to ensure that binding measures apply to its fishermen with effect from the dates fixed in the agreements. The Commission is therefore seeking powers to enable it to incorporate into Community law any binding orders adopted within the framework of these international organisations. At present the Council is required to endorse Commission proposals.

      19.3  The Commission argues that there is a need to apply restrictions to third country vessels similar to those imposed on Community fishermen. The Commission proposal would also provide specific powers to permit the establishment of technical conservation measures in conjunction with the setting of annual Total Allowable Catches (TACs) and quotas. At present these are agreed by the Council at the same time as the TACs and quotas are agreed.

      The Government's views<

      19.4  In his Explanatory Memorandum of 25 October, the Minister of State at the Ministry of Agriculture, Fisheries and Food (Mr Baldry) states:

        "the proposal would transfer from the Council to the Commission the power to incorporate into Community law binding measures adopted by international fisheries organisations. The other elements of this proposal simply clarify existing legal provisions and would not, therefore, extend the ambit of Community law."

      He believes out that the technical amendments are unnecessary as the activities of third country vessels in Community waters are already determined in regulations adopted each year by the Council and, while he finds the clarification of the existing wording of the Article acceptable, it does not make any practical change. He indicates that it is also arguable whether the new wording for specific technical conditions to be linked to catch restrictions is required since these are already routinely incorporated in the specific technical conditions, such as the type of gear which may be used.

      19.5  On the major element of the proposal, the powers sought by the Commission to incorporate provisions of international agreements directly into Community law, the Government considers that this responsibility should continue to rest with the Council rather than the Commission.

      Conclusion

      19.6  The main purpose of this proposal is to give the Commission freedom to incorporate into Community law agreements reached by international organisations to which the Community is a contracting party.

      19.7  We share the Government's concern that the proposal is unnecessary, and consider that the Council should continue to have responsibility for agreeing the arrangements to incorporate into Community law obligations undertaken by the Community in international fisheries organisations. The other two elements of the proposal do not appear to be essential since the Common Fisheries Policy has operated since 1992 on the basis of the present arrangements. We do not recommend a debate on this specific issue but we consider it would be relevant to a general debate on the Community fisheries policy.

 


© Parliamentary copyright 1996
Prepared 12th November 1996