Last update: September 2011
1. Legal basis defining a common framework for the RACs
1.1. Community Regulations and Decisions establishing the RACs
The Council Regulation (EC) No 2371/2002, of 20 December 2002, on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy, provides on its articles 31 and 32 the legal basis for the creation of the Regional Advisory Councils. Art 31 describes their composition and core functions, whereas Art 32 defines the procedure for establishment of each RAC.
COUNCIL REGULATION (EC) No 2371/2002
The North Western Waters Regional Advisory Council was declared operational the 22nd of September 2005, in accordance with Commission Decision 2005/668/EC. This legislative act was adopted by the Commission in development of the Council Decision 2004/585/EC, establishing Regional Advisory Councils under the Common Fisheries Policy.
COUNCIL DECISION 2004/585/EC
COMMISSION DECISION 2005/668/EC
The Council Decision 2007/409/EC, which entered into force the 15 June 2007, amended the Decision 2004/585/EC by recognising the RACs as bodies pursuing an aim of general European interest. This amendment secured its financial stability by providing the RACs with sufficient and permanent (not digressive) funding to develop their advisory role within the CFP effectively.
COUNCIL DECISION 2007/409/EC
1.2. Review of the functioning of the RACs and reform of the Common Fisheries Policy
The Commission published in June 2008 a Communication presenting the outcomes of a mid-term review carried out to assess and evaluate the functioning of the Regional Advisory Councils since its creation. This initiative was subsequently linked to the discussions held as a result of the publication of the Green Paper on the Reform of the CFP, the 22nd of April of 2009 (see chapters on "regionalisation" and "governance").
- Commission´s Mid-term review: COM(2008) 364 final
- Green Paper on CFP Reform: COM(2009)163 final
The NWWRAC provided two written contributions in the form of Opinion to both of the above mentioned documents:
NWWRAC Opinion on the Review of the Functioning of the RACs - March 2009
NWWRAC Opinion on the Reform of the CFP - December 2009
The European Parliament adopted a EP resolution the 24th of April 2009 on Governance within the CFP: the European Parliament, the Regional Advisory Councils and other actors (2008/2223(INI))
EP Resolution 2008/2223(INI)
1.3. Framework Partnership Agreements (FPAs) between the European Commission and the NWWRAC
* FPA I (September 2005-September 2007)
* FPA II (September 2007-September 2011)
* FPA III (September 2011-December 2013)
2. NWWRAC Internal Rules of Procedure
2.1. NWWRAC Statutes: General Rules of Procedure - September 2005
2.2. Rules of Procedure of the North Western Waters RAC: the sub-Area Working Groups - September 2005
2.3. Reimbursement rules (also available in Administration section)
2.3.1. Reimbursement procedures for members attending NWWRAC meetings - Last update: February 2010
2.3.2. Reimbursement procedures for members attending non-NWWRAC meetings - December 2007
2.4. Communications Strategy & Protocol (also available in Press section)
2.4.1. NWWRAC Communications Protocol - October 2006
2.4.2. NWWRAC Communications Proposal - September 2007
2.4.3. NWWRAC Communications Strategy - November 2007 (amended and updated in 2009)
2.5. Other NWWRAC rules: resolutions, internal codes and protocols
2.5.1. Protocol concerning the overlap of issues between the NWWRAC Working groups - June 2006
2.5.2. RACs Jurisdiction: Commission´s response to NWWRAC request - October 2006
2.5.3. Protocol on Interaction with the Commission - December 2007
2.5.4. Code of conduct for NWWRAC meetings - December 2007
3. Procedures for the Development of NWWRAC Opinions and Advice
3.1. Protocol on the development of advice and circulation of papers - December 2007
This "white paper" was adopted by consensus in December 2007 by electronic procedure by the Executive Committee following extensive consultation among all NWWRAC members. It was conceived as a tool to ensure best practices beyond rules of functioning stated in the general rules of procedure.
3.2. Flow Charts and Diagrams on Types of Procedure - December 2007
Three diagrams illustrate the general procedures agreed by NWWRAC members for the development of NWWRAC Opinions and Advice:
* Diagram 1: Procedure for Non-RAC papers seeking NWWRAC response with a deadline of more than 3 months. This diagram outlines the standard, normal procedure within the NWWRAC, for responding to requests for advice from bodies such as ICES, the European Commission, etc and for which the NWWRAC are given a deadline of more than 3 months. These items will be presented at Executive Committee meetings for approval.
* Diagram 2: Process of development NWWRAC Own Initiative Papers/Opinions.
This diagram specifically describes the agreed procedure for initiatives/proposals/queries which originate from within the NWWRAC membership. These items will be presented at Executive Committee meetings for approval.
* Diagram 3: Procedure for Non-RAC papers seeking NWWRAC response in less than 3 months. This diagram could be considered as a type of emergency procedure which is adopted in circumstances where a speedy response is demanded from the NWWRAC. Given the urgency attached to this procedure, it is understood that items processed under this procedure may be circulated to the Executive Committee, for their approval, by electronic means.
While the diagrams provided cannot possibly cover every eventuality and circumstance, these diagrams are intended as a GUIDE to enable all members and observers to understand the internal NWWRAC processes, and to enable everyone to identify which is the most appropriate method for individuals/organisations to address proposals to the NWWRAC or raise key issues in all the related NWWRAC forums.
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