The Common Fisheries Policy in the Treaty on the Functioning of the European Union The essay focuses on the Common Fisheries Policy (CFP) from its beginning to the present. In this respect, the Treaty on the Functioning of the European Union (TFEU) retains a certain degree of continuity with the rules applicable before the Lisbon Treaty entered into force: fisheries policy and agricultural policy are still associated and regulated by the same Title of TFUE while keeping in mind the specific needs and problems of the CFP, mainly linked to the necessity to develop a sustainable use of living aquatic resources (Art. 38 TFEU). Building on the previous regime, The Lisbon Treaty essentially codified the acquis communautaire: fisheries policy is subject to shared competence between the EU and Member States – except as regard the conservation of marine biological resources (Art. 4.2, d, TFEU) in relation to which Article 3.1,d provides for EU exclusive competence, but restricted to the conservation of marine biological resources under CFP only. The Lisbon Treaty also opens the way to an enhanced role of the EU Parliament (through the ordinary legislative procedure). A relevant exception applies, however, to the measures on quantitative limitations which may be adopted by the EU Council following a proposal from the Commission: this is another element of continuity – but now is codified in the Treaty – with the EC treaty. Finally, the article deals with the Green paper on the reform of the Common Fisheries adopted on April 21st 2009. The proposals build on previous EU Regulations which are still awaiting full implementation in Italy.
La politica comune della pesca nel Trattato sul funzionamento dell'Unione europea
FIORAVANTI, Cristiana
2011
Abstract
The Common Fisheries Policy in the Treaty on the Functioning of the European Union The essay focuses on the Common Fisheries Policy (CFP) from its beginning to the present. In this respect, the Treaty on the Functioning of the European Union (TFEU) retains a certain degree of continuity with the rules applicable before the Lisbon Treaty entered into force: fisheries policy and agricultural policy are still associated and regulated by the same Title of TFUE while keeping in mind the specific needs and problems of the CFP, mainly linked to the necessity to develop a sustainable use of living aquatic resources (Art. 38 TFEU). Building on the previous regime, The Lisbon Treaty essentially codified the acquis communautaire: fisheries policy is subject to shared competence between the EU and Member States – except as regard the conservation of marine biological resources (Art. 4.2, d, TFEU) in relation to which Article 3.1,d provides for EU exclusive competence, but restricted to the conservation of marine biological resources under CFP only. The Lisbon Treaty also opens the way to an enhanced role of the EU Parliament (through the ordinary legislative procedure). A relevant exception applies, however, to the measures on quantitative limitations which may be adopted by the EU Council following a proposal from the Commission: this is another element of continuity – but now is codified in the Treaty – with the EC treaty. Finally, the article deals with the Green paper on the reform of the Common Fisheries adopted on April 21st 2009. The proposals build on previous EU Regulations which are still awaiting full implementation in Italy.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
