# CE2010021EN.01001701.xml

| 28.1.2010 | EN | Official Journal of the European Union | CE 21/17 |
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28.1.2010

EN

Official Journal of the European Union

CE 21/17

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Thursday 4 December 2008Herring stocks in the West of Scotland *

P6_TA(2008)0573

European Parliament legislative resolution of 4 December 2008 on the proposal for a Council regulation establishing a multi-annual plan for the stock of herring distributed to the West of Scotland and the fisheries exploiting that stock (COM(2008)0240 — C6-0204/2008 — 2008/0091(CNS))

2010/C 21 E/07

(Consultation procedure)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the Council (COM(2008)0240),

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0204/2008),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Fisheries (A6-0433/2008),

| 1. | Approves the Commission proposal as amended; |
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1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
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2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
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3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
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4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
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5.

Instructs its President to forward its position to the Council and the Commission.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS |
| --- | --- |
| Amendment 1 |
| Proposal for a regulation


  Recital 7 |
| (7) | To ensure stability in the fishing possibilities, it is appropriate to limit the variation in the TACs from one year to the next
  when the size of the stock is above 75 000 tonnes. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS

Amendment 1

Amendment 1

Proposal for a regulation

Proposal for a regulation

Recital 7

Recital 7

(7)

To ensure stability in the fishing possibilities, it is appropriate to limit the variation in the TACs from one year to the next
  when the size of the stock is above 75 000 tonnes.

when the size of the stock is above 75 000 tonnes.

| (7) | To ensure stability in the fishing possibilities, it is appropriate to limit the variation in the TACs from one year to the next. |
| --- | --- |

(7)

To ensure stability in the fishing possibilities, it is appropriate to limit the variation in the TACs from one year to the next.

Amendment 2

Amendment 2

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2 — point a

Article 3 — paragraph 2 — point a

| (a) | maintaining the fishing mortality rate at 0,25 per year on appropriate age-groups
  when the spawning stock is above
  75 000 tonnes; |
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(a)

maintaining the fishing mortality rate at 0,25 per year on appropriate age-groups
  when the spawning stock is above
  75 000 tonnes;

when the spawning stock is above

| (a) | maintaining the fishing mortality rate at 0,25 per year on appropriate age-groups
  for the following year in those years when ICES and STECF can provide estimates of a spawning stock size of
  75 000 tonnes
  or greater
  ; |
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(a)

maintaining the fishing mortality rate at 0,25 per year on appropriate age-groups
  for the following year in those years when ICES and STECF can provide estimates of a spawning stock size of
  75 000 tonnes
  or greater
  ;

for the following year in those years when ICES and STECF can provide estimates of a spawning stock size of

or greater

Amendment 3

Amendment 3

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2 — point c

Article 3 — paragraph 2 — point c

| (c) | providing for
  the closure of the fishery
  in the event that the spawning stock should fall below 50 000 tonnes. |
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(c)

providing for
  the closure of the fishery
  in the event that the spawning stock should fall below 50 000 tonnes.

the closure of the fishery

| (c) | providing for
  a strict recovery plan based on advice from ICES and STECF
  in the event that the spawning stock should fall below 50 000 tonnes. |
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(c)

providing for
  a strict recovery plan based on advice from ICES and STECF
  in the event that the spawning stock should fall below 50 000 tonnes.

a strict recovery plan based on advice from ICES and STECF

Amendment 4

Amendment 4

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 3

Article 3 — paragraph 3

3.   The objective set out in paragraph 1 shall be attained within a maximum variation in TAC of 15 % per year when the spawning stock is above 75 000 tonnes

3.   The objective set out in paragraph 1 shall be attained within a maximum variation in TAC of 15 % per year
  in any given year
  when the spawning stock is above 75 000 tonnes
  and within a maximum variation in TAC of 20 % in any given year when the spawning stock is below 75 000 tonnes but above 50 000 tonnes.

in any given year

and within a maximum variation in TAC of 20 % in any given year when the spawning stock is below 75 000 tonnes but above 50 000 tonnes.

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 2

Article 4 — paragraph 2

2.   When, according to the opinion of the
  Scientific, Technical and Economic Committee for Fisheries (STEFC),
  the spawning biomass of the stock will exceed 75 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be set at a level which, according to the advice of STEFC, will result in a fishing mortality rate of 0,25 per year. If appropriate that level shall be adjusted in accordance with Article 5.

Scientific, Technical and Economic Committee for Fisheries (STEFC),

STEFC

2.   When, according to the opinion of
  STECF
  the spawning biomass of the stock will
  reach or
  exceed 75 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be set at a level which, according to the advice of STECF, will result in a fishing mortality rate of 0,25 per year. If appropriate, that level shall be adjusted in accordance with Article 5.

STECF

reach or

STECF

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 3

Article 4 — paragraph 3

3.   When, according to the opinion of STEFC, the spawning biomass of the stock will be less than 75 000 tonnes but greater than 50 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be set at a level which, according to the advice of the STEFC, will result in a fishing mortality rate of 0,2 per year.

3.   When, according to the opinion of STECF, the spawning biomass of the stock will be less than 75 000 tonnes but greater than 50 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be set at a level which, according to the advice of the STECF, will result in a fishing mortality rate of 0,2 per year.
  The TAC shall not deviate from the preceding year's TAC by more than 20 % in any given year. If appropriate, that level shall be adjusted in accordance with Article 5(2a) and Article 5(2b)
  .

The TAC shall not deviate from the preceding year's TAC by more than 20 % in any given year. If appropriate, that level shall be adjusted in accordance with Article 5(2a) and Article 5(2b)

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 4

Article 4 — paragraph 4

4.   When, according to the opinion of STEFC, the spawning of biomass of the stock will be less than 50 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be
  set to 0 tonnes.

set to 0 tonnes.

4.   When, according to the opinion of STECF, the spawning of biomass of the stock will be less than 50 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be
  subject to a strict recovery plan based on advice from ICES and STECF.

subject to a strict recovery plan based on advice from ICES and STECF.

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 5a (new)

Article 4 — paragraph 5a (new)

5a.
     
  In any year when ICES and STECF are unable to provide estimates of spawning stock size or fishing mortalities, the TAC should remain unchanged from the previous year. However, in the second and each subsequent year during which no scientific forecast is available, the TAC should be reduced by 10 % compared with the previous year.

5a.

In any year when ICES and STECF are unable to provide estimates of spawning stock size or fishing mortalities, the TAC should remain unchanged from the previous year. However, in the second and each subsequent year during which no scientific forecast is available, the TAC should be reduced by 10 % compared with the previous year.

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2a (new)

Article 5 — paragraph 2a (new)

2a.
     
  Where the application of the first sentence of Article 4(3) would result in a TAC level that exceeds the TAC for the preceding year by more than 20 %, the Council shall adopt a TAC level which is only 20 % greater than the TAC of that year.

2a.

Where the application of the first sentence of Article 4(3) would result in a TAC level that exceeds the TAC for the preceding year by more than 20 %, the Council shall adopt a TAC level which is only 20 % greater than the TAC of that year.

Amendment 10

Amendment 10

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2b (new)

Article 5 — paragraph 2b (new)

2b.
     
  Where the application of the first sentence of Article 4(3) would result in a TAC level that is more than 20 % below the TAC of the preceding year, the Council shall adopt a TAC level which is only 20 % less than the TAC of that year.

2b.

Where the application of the first sentence of Article 4(3) would result in a TAC level that is more than 20 % below the TAC of the preceding year, the Council shall adopt a TAC level which is only 20 % less than the TAC of that year.

Amendment 11

Amendment 11

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 4

Article 6 — paragraph 4

4.   Paragraph 3 shall not apply to vessels which transmit their catch report on a daily basis to the Fisheries Monitoring centre of the flag Member State, provided for in Article 3(7) of Regulation (EEC) No 2847/93, for inclusion in its computerised database.

4.   Paragraph 3 shall not apply to vessels which transmit their catch report on a daily basis
  and which, in any event, do so prior to departing the area West of Scotland,
  to the Fisheries Monitoring centre of the flag Member State, provided for in Article 3(7) of Regulation (EEC) No 2847/93
  ,
  for inclusion in its computerised database.

and which, in any event, do so prior to departing the area West of Scotland,

,

Amendment 12

Amendment 12

Proposal for a regulation

Proposal for a regulation

Article 8

Article 8

Where the Commission, on the basis of advice from STEFC, finds that the fishing mortality rates and associated spawning stock biomass levels specified in Article 3(2) are not appropriate to achieving the objective specified in Article 3(1), the Council shall
  on the basis of a Commission proposal
  decide
  by qualified majority
  on a revision to those quantities.

STEFC

on the basis of a Commission proposal

by qualified majority

Where the Commission, on the basis of advice from STECF, finds that the fishing mortality rates and associated spawning stock biomass levels specified in Article 3(2) are not appropriate to achieving the objective specified in Article 3(1), the Council shall,
  in accordance with the procedure laid down in Article 37 of the Treaty,
  decide on a revision to those quantities.

STECF

in accordance with the procedure laid down in Article 37 of the Treaty,

Amendment 13

Amendment 13

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1

Article 9 — paragraph 1

1.   The Commission shall seek advice each year from STECF and the Pelagic Regional Advisory Council on the achievement of the targets of the multi-annual plan. Where the advice indicates that the targets are not being met, the Council shall decide
  by a qualified majority on a proposal from the Commission
  on either or both additional and alternative measures to ensure that the targets are met.

by a qualified majority on a proposal from the Commission

1.   The Commission shall seek advice each year from STECF and the Pelagic Regional Advisory Council on the achievement of the targets of the multi-annual plan.
  Furthermore, the Commission shall consider a second and independent recruitment index for West of Scotland herring stocks.
  Where the advice indicates that the targets are not being met, the Council shall decide
  , in accordance with the procedure laid down in Article 37 of the Treaty,
  on either or both additional and alternative measures to ensure that the targets are met.

Furthermore, the Commission shall consider a second and independent recruitment index for West of Scotland herring stocks.

, in accordance with the procedure laid down in Article 37 of the Treaty,

Amendment 14

Amendment 14

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2

Article 9 — paragraph 2

2.   The Commission shall review the performance and operation of the multi-annual plan at intervals of not less than four years from the date of adoption of this Regulation. The Commission shall seek the advice of STECF and of the Pelagic Regional Advisory Council concerning the review. If appropriate the Council shall decide
  by a qualified majority on a proposal from the Commission
  on appropriate adaptations to the multi-annual plan.

by a qualified majority on a proposal from the Commission

2.   The Commission shall review the performance and operation of the multi-annual plan at intervals of not less than four years from the date of adoption of this Regulation. The Commission shall seek the advice of STECF and of the Pelagic Regional Advisory Council concerning the review. If appropriate the Council shall decide,
  in accordance with the procedure laid down in Article 37 of the Treaty,
  on appropriate adaptations to the multi-annual plan.

in accordance with the procedure laid down in Article 37 of the Treaty,

Amendment 15

Amendment 15

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1a (new)

Article 10 — paragraph 1a (new)

For the purpose of Article 21(a)(i) of Regulation (EC) No 1198/2006, measures for the implementation of Article 3(2)(c) of this Regulation shall be deemed to be a recovery plan within the meaning of Article 5 of Regulation (EC) No 2371/2002.

For the purpose of Article 21(a)(i) of Regulation (EC) No 1198/2006, measures for the implementation of Article 3(2)(c) of this Regulation shall be deemed to be a recovery plan within the meaning of Article 5 of Regulation (EC) No 2371/2002.

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