Brussels, 16/07/2010 (Agence Europe) - As a result of problems over the legal basis, discussions between the EU Council of Ministers and the European Parliament (EP) on the multiannual plan for western stock of Atlantic horse mackerel and the long-term plan for the anchovy stock in the Bay of Biscay may be scuppered. The advice from the EU Council of Ministers legal department suggests that only Article 43§2 of the Treaty could form the legal basis for the mackerel plan; an opinion on the anchovy plan is awaited. The above Article provides for the ordinary legislative procedure involving the EP. Member states, however, believe that, since some provisions of the plan relate to quota setting, Article 43§3 should provide the legal basis. This latter paragraph gives decision-making power to the Council on measures relating to price setting, levies, aid, quantitative limitations and the setting and allocation of fishing opportunities.
Some members of the EP fisheries committee have threatened legal action if there were to be any change of legal basis on the adoption of multiannual management plans for endangered or recovering stocks. Some delegations, including France's, have suggested that, while observing the legal basis proposed by the European Commission (Article 43§2) the Council could be left some room for manoeuvre in implementing plans and setting catch limits.
The Belgian Presidency handed consideration of this issue over to the working group and proposed a compromise solution which, while guaranteeing EP involvement through the co-decision procedure, would give the Council some flexibility on the level of fishing possibilities. (L.C./transl.rt)