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. (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

Proposal for a regulation 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; (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 ;

Amendment 3

Proposal for a regulation 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. (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.

Amendment 4

Proposal for a regulation 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.

Amendment 5

Proposal for a regulation 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. 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.

Amendment 6

Proposal for a regulation 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) .

Amendment 7

Proposal for a regulation 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. 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.

Amendment 8

Proposal for a regulation 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.

Amendment 9

Proposal for a regulation 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.

Amendment 10

Proposal for a regulation 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.

Amendment 11

Proposal for a regulation 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.

Amendment 12

Proposal for a regulation 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. 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.

Amendment 13

Proposal for a regulation 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. 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.

Amendment 14

Proposal for a regulation 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. 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.

Amendment 15

Proposal for a regulation Article 10 — paragraph 1a (new)