Commission Delegated Regulation (EU) 2022/204

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC^note, and in particular Article 45(4) thereof,Whereas:

(1)Article 43 of Regulation (EU) No 1380/2013 provides for the establishment of Advisory Councils, which are to promote a balanced representation of all stakeholders in the field of fisheries and aquaculture and to contribute to the objectives of the common fisheries policy.

(2)In accordance with Article 45(4) of Regulation (EU) No 1380/2013, the Commission adopted Commission Delegated Regulation (EU) 2015/242^note laying down detailed rules on the functioning of Advisory Councils under the common fisheries policy.

(3)The Commission adopted Delegated Regulation (EU) 2017/1575^note amending Delegated Regulation (EU) 2015/242 to clarify the definition of ‘sector organisations’, specify the procedure for classifying members of the Advisory Councils in one of the two categories of stakeholders referred to in Article 45(1) of Regulation (EU) No 1380/2013, and grant both categories the right to decide autonomously on their representation in the executive committee.

(4)The Advisory Councils and the Member States have been consulted in the light of the experience gained in the application of Delegated Regulation (EU) 2015/242.

(5)In order to ensure a more balanced representation of all interests and improve the impartiality of the chairs, it is appropriate that Advisory Councils designate, by consensus, a chairperson and at least one vice-chairperson belonging to different categories of stakeholders as referred to in Article 45(1) of Regulation (EU) No 1380/2013. Working groups should be chaired, where possible, by representatives of the two categories of stakeholders. Advisory Councils should be empowered to designate a chairperson and vice-chairpersons from outside the Advisory Councils.

(6)In order to ensure a smooth functioning of the Advisory Councils, it is necessary to further specify the criteria for the classification of the members of the Advisory Councils in the two categories of stakeholders referred to in Article 45(1) of Regulation (EU) No 1380/2013.

(7)Article 2(2) of Delegated Regulation (EU) 2015/242 defines sector organisations as organisations representing the fisheries and, where appropriate, aquaculture operators, and representatives of the processing and marketing sectors. Article 4(30) of Regulation (EU) No 1380/2013 defines ‘operator’ as a natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products. The criteria for classifying members of the Advisory Councils should therefore allow for the classification of organisations representing the above-mentioned sectors in the category ‘sector organisations’. In addition, suppliers to the above-mentioned sectors, such as fishing net manufacturers or icemakers, should also be classified as ‘sector organisations’.

(8)An organisation can be assumed representative of the sector when at least 50 % of its members are themselves representatives from the sector or have direct or indirect economic interests in the sector, when it represents employees in the sector, or when at least 50 % of its funding come from the sector. Such organisations should also be considered as ‘sector organisations’ for the purposes of Article 45(1) of Regulation (EU) No 1380/2013.

(9)In order to ensure a balanced functioning of the Advisory Councils, it is necessary that organisations promoting horizontal principles such as the protection of the environment, consumers and human rights, health, promotion of equality or animal health or welfare are classified as sector organisations when they are representative of the sector in the sense of recitals (7) or (8). Organisations promoting such horizontal principles should therefore only be classified in ‘other interest groups’ if they are independent from the sector, meaning that less than 50 % of their members are themselves representatives from the sector or have direct or indirect economic interest in the sector, that they do not represent employees in the sector, and that less than 50 % of their funding come from the sector.

(10)Article 4(28) of Regulation (EC) No 1224/2009 defines ‘recreational fisheries’ as non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport. Organisations representing recreational or sport fishing, since they differ in nature, objectives and means from sector organisations as defined in Article 2(2) of Delegated Regulation (EU) 2015/242, should be classified as ‘other interest groups’.

(11)The fisheries and aquaculture sector is increasingly faced with the need to engage with stakeholders competing for different uses of the sea, including for energy production, extraction, tourism or conservation purposes. Such stakeholders might have interests that diverge from the ones of the fisheries and aquaculture sector. It is therefore necessary that organisations participating to the tasks of the Advisory Councils as defined in Article 44 of Regulation (EU) No 1380/2013 and representing or having direct or indirect economic interests linked to the use of the marine environment or maritime space other than commercial fishing, aquaculture or the processing, marketing, distribution and retail of seafood are classified in ‘other interest groups’

(12)Specific attention should be paid to ensuring a balanced and wide representation of all stakeholders in the Advisory Councils, including other interest groups and representatives from small scale fleets.

(13)In order to meet the requirements of Article 43(1) of Regulation (EU) No 1380/2013, which provides that Advisory Councils are established to contribute to the achievement of the objectives of the Common Fisheries Policy as set out in article 2 thereof, it is necessary to detail the working methods which the Advisory Councils should respect when developing recommendations.

(14)Advisory Councils, as bodies pursuing a goal of common European interest, are granted Union financial support. Therefore, their functioning should be regularly monitored and evaluated through the performance of external, regular and independent performance reviews

(15)Therefore, Delegated Regulation (EU) 2015/242 should be amended accordingly,

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