Commission Delegated Regulation (EU) 2015/242 of 9 October 2014 laying down detailed rules on the functioning of the Advisory Councils under the Common Fisheries Policy

Article 1

Scope

This Regulation lays down detailed rules on the functioning of Advisory Councils as referred to in Article 43 of Regulation (EU) No 1380/2013.

Article 2

Definitions

For the purposes of this Regulation the following definitions shall apply:

Article 3

Start of the functioning of the new Advisory Councils

Sector organisations and other interest groups with an interest in one of the Advisory Councils referred to in Article 43(2) of the Regulation (EU) No 1380/2013 shall submit to the Commission a joint application concerning the start of the functioning of the respective Advisory Council. The joint application shall be compatible with the objectives and principles of the Common Fisheries Policy as set out in the Regulation (EU) No 1380/2013 and in particular Article 43(1) and Annex III and shall include:

(a) a statement of objectives;

(b) operating principles;

(c) rules of procedure;

(d) a list of the sector organisations and other interest groups.

Article 4

Structure and organisation of the Advisory Councils

The general assembly of an Advisory Council shall:

(a) adopt the rules of procedure of the Advisory Council;

(b) meet at least once a year to approve the annual report, the annual strategic plan and the annual budget of the Advisory Council;

(c) decide on the classification of the members of the Advisory Council under the categories ‘sector organisations’ or ‘other interest groups’ using the criteria laid down in Annex I and based on objective and verifiable information, such as the provisions of the statutes, the list of the members and the nature of the activities of the organisation concerned.

The executive committee shall:

(a) steer and manage the tasks of the Advisory Council in accordance with Article 44(2) and (3) of Regulation (EU) No 1380/2013;

(b) prepare the annual report, the annual strategic plan and the annual budget;

(c) adopt recommendations and suggestions as referred to in Article 44(2) of Regulation (EU) No 1380/2013.

Article 5

Working methods

The Advisory Council shall ensure that the recommendations and suggestions issued:

(a) comply with the rules and objectives of the Common Fisheries Policy as set out in Article 2 of Regulation (EU) No 1380/2013;

(b) are developed along strict principles of transparency, balanced representation and respect of all opinions expressed;

(c) are adopted, where possible, by consensus. If no consensus can be reached, dissenting opinions expressed by members shall be recorded in the recommendations adopted by the majority of the members present and voting.

Article 6

Financial contribution by Advisory Councils

Article 7

Support by Member States

Member States may provide appropriate technical, logistical and financial support to facilitate the functioning of Advisory Councils.

Article 7a

Performance reviews

The Advisory Council shall subject itself at least once every five years to an independent performance review. This review shall aim to identify best practices and shortcomings, list recommendations aiming at improving the functioning of the Advisory Council and assess its overall contribution to the objectives of the Common Fisheries Policy as set out in Regulation (EU) No 1380/2013. The results of these reviews shall be made public and, where shortcomings in the functioning of the Advisory Council are identified, shall be accompanied by an action plan setting out concrete actions and a clear timeframe for their implementation.

Article 8

Entry into force

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

1.An organisation shall be classified ‘sector organisation’ when at least one of the following criteria is met:

(a) the organisation represents or has direct or indirect economic interests in the sectors of commercial fishing, aquaculture, processing, marketing, distribution or retail of seafood;

(b) a majority of the members of the organisation, either natural or legal persons, represent or have direct or indirect economic interests in the sectors of commercial fishing, aquaculture, processing, marketing, distribution or retail of seafood;

(c) the organisation represents employees in the sectors related to commercial fishing, aquaculture, processing, marketing, distribution or retail of seafood;

(d) at least 50 % of the organisation’s funding originates from undertakings active in the field of commercial fishing, aquaculture, processing, marketing, distribution or retail of seafood.

(e) the organisation fulfils at least one of the criteria listed in point 1(a) to 1(d) and is active in the field of environment, consumers and human rights, health, promotion of equality or animal health or welfare.

2.An organisation shall be classified ‘other interest group’ when it does not meet any of the criteria laid down in paragraph 1 and:

(a) is primarily active in the field of environment, consumers and human rights, health, promotion of equality, animal health or welfare or recreational or sport fishing; or

(b) represents or has 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.