Explanatory Memorandum to COM(2023)159 - Delegated acts of the Commission under Regulation (EC) No 1921/2006 on the submission of statistical data on landings of fishery products in Member States

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1. BACKGROUND

Regulation (EC) No 1921/2006 of 18 December 2006 on the submission of statistical data on landings of fishery products in Member States1 was modified by Regulation (EU) No 1350/2013 of the European Parliament and of the Council of 11 December 2013 amending certain legislative acts in the field of agricultural and fishery statistics2 to align implementing powers with the Treaty on the Functioning of the European Union.

Article 9 of this Regulation confers on the Commission the power to adopt delegated acts to make technical amendments to Annexes I - IV. However, the Commission must ensure that such delegated acts do not impose any significant additional administrative burden on Member States or on respondents.

Under Article 10a(2), the power to adopt delegated acts is conferred for a period of 5 years from 10 January 2014. This power was tacitly renewed until 10 January 2024 in 20193.

The power is to be tacitly extended for periods of 5 years unless the European Parliament or the Council oppose such an extension.

The Commission is obliged to draw up a report on the delegation of power no later than 9 months before the end of the 5-year period. This report fulfils that obligation.

2. COMMISSION EXERCISE OF DELEGATED POWERS UNDER REGULATION (EC) NO 1921/2006

The Commission has not yet exercised the power to adopt delegated acts conferred on it by Regulation (EC) No 1921/2006.

The Commission evaluated the European fisheries statistics4in 20195 and carried out an impact assessment in 2021. In light of the impact assessment, the results of the consultation activities, and discussions with stakeholders, the preferred option is a new streamlined legal framework for European fishery statistics covering catches, landings, fishing fleet and aquaculture statistics.

3. CONCLUSIONS

The Commission has not yet exercised the power to adopt delegated acts conferred on it by Regulation (EC) No 1921/2006.

The Commission considers that it should continue to have these delegated powers, as it may need to adopt a delegated act to modify Annexes I and II to the above-mentioned Regulation to meet the needs of data users in light of the future common fisheries policy.

1OJ L 403/1, 30.12.2006, p.1

2OJ L 351, 21.12.2013, p.1

3COM(2018) 11 final

4European Fisheries statistics cover catch, landing and aquaculture statistics.

5SWD(2019) 425 final.

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