# C_2015440EN.01019502.xml

| 30.12.2015 | EN | Official Journal of the European Union | C 440/195 |
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30.12.2015

EN

Official Journal of the European Union

C 440/195

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P7_TA(2013)0014

Multi-annual plan for cod stocks in the Baltic Sea***I

European Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks (COM(2012)0155 — C7-0090/2012 — 2012/0077(COD))

(Ordinary legislative procedure: first reading)

(2015/C 440/28)

The European Parliament,

The European Parliament

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0155), |
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—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0155),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0090/2012), |
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—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0090/2012),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
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—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 11 July 2012 (1), |
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—

having regard to the opinion of the European Economic and Social Committee of 11 July 2012 (1),

1

| — | having regard to Rule 55 of its Rules of Procedure, |
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—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A7-0395/2012), |
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—

having regard to the report of the Committee on Fisheries (A7-0395/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
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1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
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2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
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3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

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(1)  OJ C 299, 4.10.2012, p. 145.

1

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P7_TC1-COD(2012)0077

Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | To avoid any ambiguity and ensure consistency with international commitments of the Union for achieving a maximum sustainable yield for depleted stocks, the objectives of the multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, established by Council Regulation (EC) No 1098/2007 (3), should be clarified accordingly. |
| --- | --- |

(1)

To avoid any ambiguity and ensure consistency with international commitments of the Union for achieving a maximum sustainable yield for depleted stocks, the objectives of the multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, established by Council Regulation (EC) No 1098/2007 (3), should be clarified accordingly.

| (2) | Regulation (EC) No 1098/2007 provides for the follow-up and revision of the minimum fishing mortality rates specified therein in the case of the inadequacy of those rates to meet the objectives of that plan. |
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(2)

Regulation (EC) No 1098/2007 provides for the follow-up and revision of the minimum fishing mortality rates specified therein in the case of the inadequacy of those rates to meet the objectives of that plan.

| (3) | In accordance with Article 290 of the Treaty the Commission may be empowered to supplement or amend non-essential elements of a legislative act by means of delegated acts.
  [Am. 1] |
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(3)

In accordance with Article 290 of the Treaty the Commission may be empowered to supplement or amend non-essential elements of a legislative act by means of delegated acts.
  [Am. 1]

| (4) | In order to achieve in an efficient way the targets set out in Regulation (EC) No 1098/2007 and be able to react swiftly to changes in stock conditions or in fishery, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the revision of the minimum

  with regard to setting the periods when
  fishing mortality rates, when scientific data indicate that the rates are no longer appropriate and measures are not sufficient to reach the objectives of the plan

  with certain types of gear is allowed in respect of certain geographical areas
  . It is of particular importance that the Commission carry out appropriate consultations
  with the Baltic Sea Regional Advisory Council and relevant stakeholders
  during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 2] |
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(4)

In order to achieve in an efficient way the targets set out in Regulation (EC) No 1098/2007 and be able to react swiftly to changes in stock conditions or in fishery, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the revision of the minimum

  with regard to setting the periods when
  fishing mortality rates, when scientific data indicate that the rates are no longer appropriate and measures are not sufficient to reach the objectives of the plan

  with certain types of gear is allowed in respect of certain geographical areas
  . It is of particular importance that the Commission carry out appropriate consultations
  with the Baltic Sea Regional Advisory Council and relevant stakeholders
  during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 2]

| (6) | In order to ensure uniform conditions for the implementation of Article 29 of Regulation (EC) No 1098/2007, implementing powers should be conferred upon the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

   (4)
  . [Am. 3] |
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(6)

In order to ensure uniform conditions for the implementation of Article 29 of Regulation (EC) No 1098/2007, implementing powers should be conferred upon the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

   (4)
  . [Am. 3]

| (7) | To ensure the efficiency of an evaluation of the plan's performance the timeline of evaluation provided for in Regulation (EC) No 1098/2007 should be modified. |
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(7)

To ensure the efficiency of an evaluation of the plan's performance the timeline of evaluation provided for in Regulation (EC) No 1098/2007 should be modified.

| (8) | In addition, the decision making procedure concerning the setting of fishing opportunities referred to in Regulation (EC) No 1098/2007 should be clarified following the entry into force of the Treaty on the Functioning of the European Union. |
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(8)

In addition, the decision making procedure concerning the setting of fishing opportunities referred to in Regulation (EC) No 1098/2007 should be clarified following the entry into force of the Treaty on the Functioning of the European Union.

| (9) | The proposed amendments are therefore primarily aimed at changes enabling the plan to work efficiently within the new decisional framework set up by the Lisbon Treaty. |
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(9)

The proposed amendments are therefore primarily aimed at changes enabling the plan to work efficiently within the new decisional framework set up by the Lisbon Treaty.

| (10) | Regulation (EC) No 1098/2007 should therefore be amended accordingly, |
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(10)

Regulation (EC) No 1098/2007 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1098/2007 is amended as follows:

| (1) | Article 4 is replaced by the following:
  ‘Article 4
  Objective and targets
  The plan shall ensure the sustainable exploitation of the cod stocks concerned on the basis of maximum sustainable yield by gradually reducing and maintaining the fishing mortality rates at levels no lower

  higher
  than: [Am. 4]









  (a) | 0,25 on ages three to six years for the cod stock in Area A; and [Am. 5] |
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(1)

Article 4 is replaced by the following:

‘Article 4

Objective and targets

The plan shall ensure the sustainable exploitation of the cod stocks concerned on the basis of maximum sustainable yield by gradually reducing and maintaining the fishing mortality rates at levels no lower

  higher
  than: [Am. 4]

(a)

0,25 on ages three to six years for the cod stock in Area A; and [Am. 5]

| (b) | 0,3 on ages four to seven years for the cod stock in Areas B and C.’ |
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(b)

0,3 on ages four to seven years for the cod stock in Areas B and C.’

| (2) | In Article 5, paragraph 1 is replaced by the following:
  ‘1.   Each year the Council shall decide in accordance with the Treaty on the TACs for the cod stocks concerned for the following year.’[Am. 6] |
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(2)

In Article 5, paragraph 1 is replaced by the following:

‘1.   Each year the Council shall decide in accordance with the Treaty on the TACs for the cod stocks concerned for the following year.’[Am. 6]

| (3) | Article 8 is amended as follows:






  (a) | paragraphs 3 and 4 are replaced by the following:
  ‘3.   The Council

  Commission
  shall decide

  be empowered to adopt delegated acts, in accordance with Article 29a, defining, for
  each year, in accordance with the Treaty on the maximum number of days absent from port outside periods specified in paragraph 1 in the following year when fishing with the gear referred to in paragraph 1 is allowed, in accordance with the rules set out in paragraphs 4 and 5. [Am. 7]



  4.
     
  Where the fishing mortality rate for one of the cod stocks concerned has been estimated by STECF to be at least 10 % higher than the target fishing mortality rate set out in Article 4, the total number of days when fishing with the gear referred to in paragraph 1 is allowed shall be reduced by 10 % compared to the total number of days allowed in the current year.’ [Am. 8] |
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(3)

Article 8 is amended as follows:

(a)

paragraphs 3 and 4 are replaced by the following:

‘3.   The Council

  Commission
  shall decide

  be empowered to adopt delegated acts, in accordance with Article 29a, defining, for
  each year, in accordance with the Treaty on the maximum number of days absent from port outside periods specified in paragraph 1 in the following year when fishing with the gear referred to in paragraph 1 is allowed, in accordance with the rules set out in paragraphs 4 and 5. [Am. 7]

4.
     
  Where the fishing mortality rate for one of the cod stocks concerned has been estimated by STECF to be at least 10 % higher than the target fishing mortality rate set out in Article 4, the total number of days when fishing with the gear referred to in paragraph 1 is allowed shall be reduced by 10 % compared to the total number of days allowed in the current year.’ [Am. 8]

| (b) | in paragraph 6, subparagraph 1 is replaced by the following:




  ‘6.
     
  By way of derogation from paragraph 1, fishing vessels with an overall length of less than 12 metres shall be permitted to fish with static gear in the area up to 10 nautical miles measured from the baselines. The immersion time of the said static gears shall not exceed 48 hours.’ [Am. 9] |
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(b)

in paragraph 6, subparagraph 1 is replaced by the following:

‘6.
     
  By way of derogation from paragraph 1, fishing vessels with an overall length of less than 12 metres shall be permitted to fish with static gear in the area up to 10 nautical miles measured from the baselines. The immersion time of the said static gears shall not exceed 48 hours.’ [Am. 9]

| (4) | Article 26 is replaced by the following:
  ‘Article 26
  Evaluation of the plan
  Every five years from 18 September 2007, the Commission shall evaluate the operation and performance of this multi-annual plan.
  For the purpose of this evaluation, the Commission shall seek the advice of STECF and of the Baltic Sea Regional Advisory Council.
  Where appropriate

  necessary
  , the Commission may propose adaptations to

  shall submit appropriate proposals, for adoption in accordance with the ordinary legislative procedure, for the amendment of
  the multi-annual plan or adopt delegated acts in accordance with Article 27.’[Am. 10] |
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(4)

Article 26 is replaced by the following:

‘Article 26

Evaluation of the plan

Every five years from 18 September 2007, the Commission shall evaluate the operation and performance of this multi-annual plan.
  For the purpose of this evaluation, the Commission shall seek the advice of STECF and of the Baltic Sea Regional Advisory Council.
  Where appropriate

  necessary
  , the Commission may propose adaptations to

  shall submit appropriate proposals, for adoption in accordance with the ordinary legislative procedure, for the amendment of
  the multi-annual plan or adopt delegated acts in accordance with Article 27.’[Am. 10]

| (5) | Article 27 is replaced by the following:
  ‘Article 27
  Revision of minimum fishing mortality rates


  Where
  the Commission shall be empowered to adopt delegated acts

  finds that the target fishing mortality rates set out in Article 4 are no longer appropriate to achieve the objectives of the management plan, the Commission shall, on the basis of advice from STECF and after consulting the Baltic Sea Regional Advisory Council and relevant stakeholders, submit a proposal, for adoption
  in accordance with Article 29a to revise the minimum

  the ordinary legislative procedure, for the revision of the target
  fishing mortality rates set out in Article 4.when scientific data indicates that the values for the minimum fishing mortality rates are disaccording with the objectives of the management plan.’[Am. 11] |
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(5)

Article 27 is replaced by the following:

‘Article 27

Revision of minimum fishing mortality rates

Where
  the Commission shall be empowered to adopt delegated acts

  finds that the target fishing mortality rates set out in Article 4 are no longer appropriate to achieve the objectives of the management plan, the Commission shall, on the basis of advice from STECF and after consulting the Baltic Sea Regional Advisory Council and relevant stakeholders, submit a proposal, for adoption
  in accordance with Article 29a to revise the minimum

  the ordinary legislative procedure, for the revision of the target
  fishing mortality rates set out in Article 4.when scientific data indicates that the values for the minimum fishing mortality rates are disaccording with the objectives of the management plan.’[Am. 11]

| (6) | In Article 29 paragraphs 2, 3 and 4 are replaced by the following:
  ‘2.   Article 8(1)(b), (3), (4) and (5) shall not apply to ICES Subdivisions 27 and/or 28.2 if there is evidence that catches of cod in those ICES Subdivisions are lower than 3 % of the total catches of cod in Area B. The Commission shall
  be empowered to adopt,
  each year, by means of implementing acts and on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, confirm ,

  on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, delegated acts, in accordance with Article 29a, confirming
  whether such evidence exists and, consequently, whether the restrictions provided for in Article 8(1)(b), (3), (4) and (5) apply in the subdivisions concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29b(2).
  [Am. 12]

  3.   Article 8(1)(b), (3), (4) and (5) shall only apply to ICES Subdivision 28.1, if there is evidence that the catches of cod are higher than 1,5 % of the total catches of cod in Area B. The Commission shall
  be empowered to adopt,
  each year, by means of implementing acts and on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, confirm

  on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, delegated acts, in accordance with Article 29a, confirming
  whether such evidence exists and, consequently, whether the restrictions provided for in Article 8(1)(b), (3), (4) and (5) apply in the subdivision concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29b(2).
  [Am. 13]

  4.   The implementing

  delegated
  acts referred to in paragraphs 2 and 3 shall apply from 1 January to 31 December of the following year.’[Am. 14] |
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(6)

In Article 29 paragraphs 2, 3 and 4 are replaced by the following:

‘2.   Article 8(1)(b), (3), (4) and (5) shall not apply to ICES Subdivisions 27 and/or 28.2 if there is evidence that catches of cod in those ICES Subdivisions are lower than 3 % of the total catches of cod in Area B. The Commission shall
  be empowered to adopt,
  each year, by means of implementing acts and on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, confirm ,

  on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, delegated acts, in accordance with Article 29a, confirming
  whether such evidence exists and, consequently, whether the restrictions provided for in Article 8(1)(b), (3), (4) and (5) apply in the subdivisions concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29b(2).
  [Am. 12]

3.   Article 8(1)(b), (3), (4) and (5) shall only apply to ICES Subdivision 28.1, if there is evidence that the catches of cod are higher than 1,5 % of the total catches of cod in Area B. The Commission shall
  be empowered to adopt,
  each year, by means of implementing acts and on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, confirm

  on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, delegated acts, in accordance with Article 29a, confirming
  whether such evidence exists and, consequently, whether the restrictions provided for in Article 8(1)(b), (3), (4) and (5) apply in the subdivision concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29b(2).
  [Am. 13]

4.   The implementing

  delegated
  acts referred to in paragraphs 2 and 3 shall apply from 1 January to 31 December of the following year.’[Am. 14]

| (7) | The following Chapter is inserted:
  ‘Chapter VIa
  Article 29a
  Exercise of the delegation
  1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  2.   The delegation of power
  to adopt delegated acts
  referred to in Articles 26 and 27

  Article 8(3) and Article 29(2) and (3
  ) shall be conferred on the Commission for an indeterminate

  a
  period of time

  three years from ...

   (5)

  . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 15]

  3.   The delegation of power referred to in Articles 26 and 27

  Article 8(3) and Article 29(2) and (3)
  may be revoked at any time by the European Parliament or by the Council. A decision to revocation

  revoke
  shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 16]

  4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
  5.   A delegated act adopted pursuant to Articles 26, and 27

  Article 8(3) and Article 29(2) and (3)
  shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or
  of
  the Council.

  “Article 29b


  Committee procedure


  1.   The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 30 of Regulation (EC) No 2371/2002. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.


  2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.”
  [Am. 17]

  Article 29c
  Council decisions
  Where this Regulation provides for decisions to be taken by the Council, the Council shall act in accordance with the Treaty.’, |
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(7)

The following Chapter is inserted:

‘Chapter VIa

Article 29a

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The delegation of power
  to adopt delegated acts
  referred to in Articles 26 and 27

  Article 8(3) and Article 29(2) and (3
  ) shall be conferred on the Commission for an indeterminate

  a
  period of time

  three years from ...

   (5)

  . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 15]

3.   The delegation of power referred to in Articles 26 and 27

  Article 8(3) and Article 29(2) and (3)
  may be revoked at any time by the European Parliament or by the Council. A decision to revocation

  revoke
  shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 16]

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Articles 26, and 27

  Article 8(3) and Article 29(2) and (3)
  shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or
  of
  the Council.

“Article 29b

Committee procedure

1.   The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 30 of Regulation (EC) No 2371/2002. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.”
  [Am. 17]

Article 29c

Council decisions

Where this Regulation provides for decisions to be taken by the Council, the Council shall act in accordance with the Treaty.’,

Article 2

This Regulation shall enter into force on the twentieth day following that of 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.

Done at

For the European Parliament

The President

For the Council

The President

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(1)  OJ C 299, 4.10.2012, p. 145.

1

(2)  Position of the European Parliament of 16 January 2013.

2

(3)  OJ L 248, 22.9.2007, p. 1.

3

(4)  
  OJ L 55, 28.2.2011, p. 13.

4

OJ L 55, 28.2.2011, p. 13.

(5)  
  Date of entry into force of this Regulation.

5

Date of entry into force of this Regulation.

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