Explanatory Memorandum to COM(2015)669 - Amendment of Council Regulation (EC) No 768/2005 establishing a Community Fisheries Control Agency - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2015)669 - Amendment of Council Regulation (EC) No 768/2005 establishing a Community Fisheries Control Agency. |
|---|---|
| source | COM(2015)669  |
| date | 15-12-2015 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
There are currently more than 300 civilian and military authorities in the Member States responsible for carrying out coastguard functions in a wide range of areas such as maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. A number of EU agencies, in particular the European Border and Coast Guard Agency, the European Maritime Safety Agency and the European Fisheries Control Agency, support the national authorities in the exercise of these functions.
In 2014, the Commission finalised a feasibility study to examine the need for improved co-operation and co-ordination between national bodies and agencies carrying out coastguard functions. This study identifies a range of issues for closer collaboration, in particular in the areas of operational surveillance and data sharing which underpins all these functions.
The need to enhance collaboration and co-ordination between authorities carrying out coastguard functions has subsequently been acknowledged in the Union maritime transport legislation, the European Union Maritime Security Strategy with an Action Plan adopted by the Council in 2014 and in the European Agenda on Migration adopted by the Commission in 2015.
The purpose of this legislative proposal reinforcing European co-operation on coastguard functions is to improve co-operation and co-ordination between the relevant EU agencies in order to enhance synergies between their respective services, thus allowing them to provide more efficient and cost effective multipurpose services to national authorities carrying out coastguard functions.
This legislative proposal forms part of a set of measures proposed by the Commission to reinforce the protection of Europe's external borders, including European cooperation on coastguard function, which also includes a proposal to amend Council Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency (EMSA) and a proposal for a Council Regulation establishing a European Border and Coast Guard Agency. .The substantive amendments in this proposal are identical to the proposed amendments to the Regulation establishing EMSA and the proposed provisions on European coastguard co-operation in the proposal for a Regulation establishing European Border and Coast Guard Agency.
• Consistency with existing policy provisions in the policy area
This Proposal is consistent with the fisheries control policy which aims at fostering the implementation of the Common Fisheries Policy by stepping up the fight against Illegal, Undeclared, and Unreported (IUU) fishing and an effective Union fisheries control system. It is also consistent with the development and implementation of the Union's Integrated Maritime Policy in a complementary manner to the Common Fisheries Policy. Finally, it is consistent with the EFCA's competencies, which include the implementation of the EU Integrated Maritime Policy and the fight against IUU fishing.
• Consistency with other Union policies
The objective of this initiative is to improve co-operation and co-ordination between relevant Member State authorities, EU agencies and other bodies performing coastguard functions, with a view to move towards a European coastguard capacity/system. The underlying problem is that coastguard functions, such as border control, search and rescue operations, fisheries control, pollution control etc., are currently carried out by more than 300 authorities in Member States, which are not always well coordinated even at national level. By promoting collaboration and co-ordination between authorities carrying out coastguard functions, this proposal is fully consistent with Union policies on migration as well as on transport and mobility.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The proposal is based on Article 43(2) of the TFEU on establishing provisions for the pursuit of the objectives of the CFP.
• Subsidiarity (for non-exclusive competence)
The proposal deals with support to national authorities carrying out coastguard functions at national and Union level, and where appropriate at international level. It therefore forms part of the control policy aiming at implementing an effective system of control so as to ensure compliance with all the rules of the CFP, which is an exclusive competence of the Union. So the subsidiarity principle does not apply in this context.
• Proportionality
The proposal aims at reinforcing the EU's Coast Guards capacity to response to threats and risks in the maritime domain by inter alia improving co-operation between all relevant civilian and military actors. This will avoid duplication of effort while ensuring that the main actors (in particular EU agencies) act in a coherent and efficient manner and develop synergies together. It takes into account the need to have more control in the maritime area while limiting the workload for national and EU administrations.
• Choice of the instrument
As the purpose of the proposal is to modify the Regulation establishing a Community Fisheries Control Agency, it is necessary to propose a Regulation.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
N/A (this initiative aims at implementing commitments contained in the European Agenda on migration referring to Coastguard activities).
• Stakeholder consultations
• Collection and use of expertise
• Impact assessment
N/A: specific action on Coastguard capacities has not been subject to any previous action at EU level. There is consequently no existing policy to evaluate.
There was however a feasibility study 1 commissioned by DG MOVE and carried out in 2014. This study identified some 316 civilian and military Member States' authorities, which are responsible for coastguard functions and collaborating via 70 different structures. It highlighted key shortcomings with the existing co-operation such as the lack of information on the remit, powers and capabilities of other authorities; the limited number of operational assets; the lack of interoperability of systems, processes and assets; the limited joint planning and joint operations.
• Regulatory fitness and simplification
The initiative is not part of the REFIT agenda but should apply its main principles.
• Fundamental rights
4. BUDGETARY IMPLICATIONS
This initiative will imply an increase in the EU contribution to the EFCA of around 7,5 million per year (that is 30.148 million for the 2017 to 2020 period) and the recruitment of 13 TA staff (see the legislative financial statement attached).
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
As this measure will be implemented by the EFCA, its evaluation will be included in the 5-year evaluation of the agency, which findings and recommendations shall be forwarded by the Commission to the European Parliament and the Council and shall be made public.
• Explanatory documents (for directives)
• Detailed explanation of the specific provisions of the proposal
The EFCA is currently in charge of contributing to the fight against IUU. EFCA's experience in the fight against IUU fishing in the international dimension is instrumental to European coastguard capacity and border control because IUU fishing is frequently related to other criminal maritime activities. EFCA has developed expertise in risk management strategies, identification of possible IUU interests through the analysis of thousands of catch certificates, operational coordination and inspection including in the international dimension. In this regard, the Agency actively assists third countries through the delivering of training and capacity-building activities. Thanks to its international mandate, the EFCA has, so far, developed robust expertise in implementing common inspection platforms and maintains privileged network with EU and third countries. In a recent past, EFCA exchanged inspectors with Turkey in the Mediterranean Sea and regularly provides training seminars mustering EU inspectors and inspectors of Albania, Turkey, Lebanon, Israel, Egypt, Tunisia, Algeria and Morocco.
1. The regulation covers sharing information generated by fusing and analysing data available in ship reporting systems and other information systems hosted by or accessible to the Agencies. It will foster intelligence sharing amongst the Agencies. This will permit the EFCA to implement systems for inter-agency exchange, to launch all related feasibility studies and establish permanent service for data, and EU data node. By taking stock of its experience in the Monitoring, Control and Surveillance (MCS) measures applying to fisheries through the concepts of Joint Deployment Plans and Union inspectors and by enlarging the scope and organising joint operations with inspectors having empowerments relating to different policies (human trafficking, migrant smuggling, fisheries, border guard, environment, drug trafficking, weapon trafficking, vessel safety, etc.), the EFCA will be in capacity to better support the exchange of data collected on the occasion of its control and inspection activities which include, inter alia, Vessel Monitoring Systems (VMS) and Electronic Reporting Systems (ERS). VMS data are satellite-based monitoring systems. They make it possible to have a real-time position as well as the history of the movements at sea of any vessel and at any time. These data are very useful in the context of the migration control as they enable border control as well as search and rescue operations. They may enable the detection of a fishing vessel stopping in a port to embark immigrants. As these data also include the speed of the vessel, it is possible to detect for instance a vessel sailing at a slower pace because it is heavy loaded with migrants or because it tracks another vessel behind it. ERS systems are used by fishermen to electronically record and report data on their fishing activities. They consequently permit the detection of any abnormal or illegal activities by comparison with similar data related to similar activities in a given area. As these data also include a landing declaration, they make it possible to know where a vessel has landed and eventually embarked illegal migrants.
2. The regulation covers providing surveillance and communication services based on state-of-the-art technology, including space-based and ground infrastructure and sensors mounted on any kind of platform. This will permit the Agency to institutionalise cooperation between national, European and international partners. The Agency will thus be in a capacity of developing a high-level Monitoring Control and Surveillance risk framework which displays the national and regional frameworks currently in place. In particular, it will allow the implementation of activities aiming at detecting any irregular activities in coordination with the other Agencies. Over the past years, EFCA, through its participation in relevant FP7 projects and its cooperation with EMSA for the development of the EFCA MARSURV IMDatE, has gained a significant experience with the correlation, analysis and interpretation of maritime information. Today EFCA has a renowned capacity to perform detailed behaviour monitoring, which in turn leads to a more efficient deployment of available patrol means. Being listed as a future Copernicus Security Services end-user, EFCA intends to further develop and share this capacity and its outputs with other Agencies.
3. The regulation covers capacity building at national and Union level by elaborating guidelines, recommendations and best practices as well as by supporting the training and exchange of staff, with a view to enhance the exchange of information and cooperation on coastguard functions. This will permit the EFCA to raise awareness of maritime safety, security, search and rescue and border and fishery control. It will permit the Agency enhancing expertise through the establishment and diffusion of training materials and handbooks. EFCA can also provide expert recommendations on efficient enforcement methods relating to control surveillance and monitoring regulations.
4. The regulation covers capacity sharing, including the planning and implementation of multipurpose operations and the sharing of assets and other capabilities across sectors and borders. It will permit the EFCA to increase its control and inspection activities and conduct new type of operations aiming at detecting criminal activities, disrupt trafficking routes and ensure the enforcement of EU and national legislations. Chartering a patrol vessel will make possible and effective a multipurpose approach to detect not only illegal fishing activities and other criminal activities, but also support a more effective management of the EU's external borders in general.