ANNEX IIIADVISORY COUNCILS

1.Name and area of competence of Advisory Councils

Name

Areas of competence

Baltic Sea

ICES zones IIIb, IIIc and IIId

Black Sea

GFCM geographical sub-area as defined in Resolution GFCM/33/2009/2

Mediterranean Sea

Maritime Waters of the Mediterranean of the East of line 5°36′ West

North Sea

ICES zones IV and IIIa

North Western waters

ICES zones V (excluding Va and only Union waters of Vb), VI and VII

South Western waters

ICES zones VIII, IX and X (waters around Azores), and CECAF zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands)

Outermost regions

Union waters around the outermost regions as referred to in the first paragraph of Article 349 of the Treaty divided into three sea basins: West Atlantic, East Atlantic, Indian Ocean

Pelagic stocks (blue whiting, mackerel, horse mackerel, herring, boarfish)

All geographical areas excluding the Baltic Sea and the Mediterranean Sea

High seas/long distance fleet

All non Union-waters

Aquaculture

Aquaculture, as defined in Article 4

Markets

All market areas

2.Functioning and funding of Advisory Councils

(a)

In the general assembly and executive committee, 60 % of the seats shall be allotted to representatives of fishermen and for the Aquaculture Advisory Council, aquaculture operators, and representatives of the processing and marketing sectors, and 40 % to representatives of the other interest groups affected by the Common Fisheries Policy, for example environmental organisations and consumer groups.

(b)

Except for the Advisory Council for Aquaculture and for the Advisory Council for Markets, at least one representative of the catching subsector from each Member State concerned shall be member of the executive committee.

(c)

The members of the executive committee shall, where possible, adopt recommendations 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.

(d)

Each Advisory Council shall designate a chairperson by consensus. The chairperson shall act impartially.

(e)

Each Advisory Council shall adopt the measures necessary to ensure transparency and the respect of all opinions expressed.

(f)

Recommendations adopted by the executive committee shall be made available immediately to the general assembly, the Commission, Member States concerned and, upon request, to any member of the public.

(g)

The meetings of the general assembly shall be open to the public. The meetings of the executive committee shall be open to the public unless, in exceptional cases, decided otherwise by a majority of the executive committee.

(h)

European and national organisations representing the fisheries sector and other interest groups may propose members to the Member States concerned. Those Member States shall agree on the members of the general assembly.

(i)

Representatives of national and regional administrations that have fisheries interests in the area concerned and researchers from the Member States' scientific and fisheries research institutes and from the international scientific institutions that advise the Commission shall be allowed to participate in Advisory Council meetings as active observers. Any other qualified scientist may also be invited.

(j)

Representatives of the European Parliament and of the Commission may take part as active observers in Advisory Council meetings.

(k)

When issues that affect them are discussed, representatives of the fisheries sector and other interest groups from third countries, including representatives from RFMOs, that have a fishing interest in the area or fisheries covered by an Advisory Council, may be invited to participate as active observers.

(l)

Advisory Councils may apply for Union financial assistance as bodies pursuing an aim of general European interest.

(m)

The Commission shall sign a grant agreement with each Advisory Council to contribute to its operational costs, including translation and interpretation costs.

(n)

The Commission may carry out all verifications it considers necessary to ensure compliance with the tasks assigned to the Advisory Councils.

(o)

Each Advisory Council shall transmit annually its budget and a report of its activities to the Commission and to the Member States concerned.

(p)

The Commission or the Court of Auditors may at any time arrange for an audit to be carried out either by an outside body of its choice or by the Commission or the Court of Auditors departments themselves.

(q)

Each Advisory Council shall appoint a certified auditor for the period during which it benefits from Union funds.