Explanatory Memorandum to COM(2021)377 - Amendment of Council Regulation (EU) 2019/440 on the allocation of fishing opportunities under the Sustainable fisheries agreement with Morocco and the Implementation Protocol thereto - Main contents
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| dossier | COM(2021)377 - Amendment of Council Regulation (EU) 2019/440 on the allocation of fishing opportunities under the Sustainable fisheries ... |
|---|---|
| source | COM(2021)377  |
| date | 08-07-2021 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco 1 establishes a framework for the legal, environmental, economic and social governance of fishing activities carried out by Union vessels in the fishing zone defined in Article 1(h) of the Agreement. The Protocol on the implementation of the Agreement provides for fishing opportunities for Union vessels in six categories.
Council Regulation (EU) 2019/440 2 , which allocates the fishing opportunities under the Agreement between the EU Member States, currently still includes the United Kingdom of Great Britain and Northern Ireland (UK). In this Regulation, UK has fishing opportunities in category six.
On 31 January 2020, the UK withdrew from the European Union on the basis of Article 50 of the Treaty on European Union. In the Withdrawal Agreement 3 , a transition period was decided that ended on 31 December 2020. Union law has therefore not been applicable to the UK since 1 January 2021.
The fishing opportunities attributed to the UK should therefore be removed from Regulation (EU) 2019/440 and reallocated as from 1 January 2021. This proposal amends the Regulation so as to redistribute the UK’s fishing opportunities among the Member States benefiting from fishing opportunities in the same category in proportion to Member States’ allocations. This does not prejudge future allocations under the next Protocol.
The Commission proposes that the Council adopts the attached proposal for a Regulation amending Council Regulation (EU) 2019/440.
• Consistency with existing policy provisions in the policy area
This amendment does not affect the consistency of the Regulation with existing fisheries legislation.
• Consistency with other Union policies
This amendment does not affect the consistency of the Regulation with other EU legislation.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis is Article 43(3) of the Treaty on the Functioning of the European Union, which provides that the Council, on a proposal from the Commission, is to adopt measures on the allocation of fishing opportunities.
This amendment concerns existing legislation and complies with the same legal principles as the Regulation in question.
• Subsidiarity (for non-exclusive competence)
The policy area is an area of exclusive Union competence.
3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex post evaluations/fitness checks of existing legislation
The amendment does not change the conditions for fishing laid down in the Agreement and the Implementation Protocol. Therefore, there is no need for an ex post evaluation, stakeholder consultation or impact assessment.
4. BUDGETARY IMPLICATIONS
The draft Regulation does not affect the Union budget.
5. OTHER ELEMENTS
The amendment does not change the conditions laid down in the Agreement and the Implementation Protocol.