b. effective powers of intervention, such as, for example that
of delivering opinions before processing operations arecarried out, in accordance with principle 12, and of order-
ing erasure or destruction of data, of imposing a definitive
ban on processing, of warning or admonishing the con-troller, or that of referring the matter to the Parliamentor other political institutions,
c. the power to engage in legal proceedings where the prin-
ciples have been violated or to bring these violations tothe attention of judicial authorities.
Decisions by the supervisory authorities which give rise to
complaints may be appealed against through the courts.
4. Supervisory authorities shall hear and decide on claims
lodged by any person, or by an association representing thatperson, concerning the protection of his rights and freedomsin respect of the processing of personal data. The person con-cerned shall be informed of the outcome of the claim.
The supervisory authority shall, in particular, hear claims for
checks on the lawfulness of data processing lodged by anyperson when the principle 8.3 is applied. The person shall atany rate be informed that a check has taken place.
5. Supervisory authorities shall draw up a report on their
activities at regular intervals. The report shall be made public.
P6_TA(2007)0231
Baltic Sea cod *
European Parliament legislative resolution of 7 June 2007 on the proposal for a Council regulationestablishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting
those stocks (COM(2006)0411 —C6-0281/2006 —2006/0134(CNS))
(Consultation procedure)
The European Parliament ,
— having regard to the Commission proposal to the Council (COM(2006)0411) (
1),
— having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament
(C6-0281/2006),
— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of the Committee on Fisheries and the opinion of the Committee on the
Environment, Public Health and Food Safety (A6-0163/2007),
(1) Not yet published in OJ.22.5.2008 EN C 125 E/175 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED
BY THE COUNCILAMENDMENTS
BY PARLIAMENT
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;
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;
5. Instructs its President to forward its position to the Council and Commission.
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 1
Recital 1
(1) Recent scientific advice from the International Council for
the Exploration of the Sea (ICES) indicates that the cod stock in
ICES Subdivisions 25 to 32 of the Baltic Sea has declined tolevels where it is suffering from reduced reproductive capacityand that the stock is being harvested unsustainably.(1) Recent scientific advice from the International Council for
the Exploration of the Sea (ICES) indicates that the cod stock in
ICES Subdivisions 25 to 32 of the Baltic Sea has declined tolevels outside safe biological limits, where it is suffering from
reduced reproductive capacity, and that the stock is being har-vested unsustainably.
Amendment 2
Recital 2a (new)
(2a) A sufficiently strong and sustainable multi-annual
management plan for the cod fishery, based on the precaution-ary principle, would enable the establishment of a permanent,sustainable fishery much larger than at present.
Amendment 3
Recital 3
(3) Measures need to be taken to establish a multi-annual
plan for fisheries management of the cod stocks in the BalticSea.(3) A multi-annual management plan for the cod stocks in
the Baltic Sea was adopted through the auspices of the Inter-national Baltic Sea Fishery Commission in 2003.
Amendment 4
Recital 3a (new)
(3a) The Baltic Sea's division into a Western (ICES Subdi-
visions 22, 23 and 24) and an Eastern (ICES Subdivisions 25to 32) part is determined by the fact that they are separateecosystems with totally different properties.C 125 E/176 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
Amendment 5
Recital 3b (new)
(3b) According to the latest information from ICES,
approximately 35-45 % of the cod landed in the eastern BalticSea is caught illegally.
Amendment 6
Recital 3c (new)
(3c) According to the Food and Agriculture Organization
International Plan of Action on illegal, unreported and unre-gulated fishing: ‘States should take measures to ensure that
their importers, transshippers, buyers, consumers, equipment
suppliers, bankers, insurers, other services suppliers and thepublic are aware of the detrimental effects of doing businesswith vessels identified as engaged in IUU fishing ’.
Amendment 7
Recital 4a (new)
(4a) Article 5(1) of Regulation (EC) No 2371/2002
requires the Council to adopt, as a priority, recovery plans forfisheries exploiting stocks which are outside safe biologicallimits.
Amendment 8
Article 7
By way of derogation from Article 6, the Council may, where it
considers this appropriate, adopt a TAC that is below the TAC
that follows from applying Article 6.By way of derogation from Article 6, the Council may, where it
considers this appropriate, adopt a TAC other than the TAC
that follows from applying Article 6.
Amendment 9
Article 8, heading
Procedure for setting periods when fishing with gear of a mesh
size equal to or larger than 90 mm or with bottom set lines is
allowedProcedure for setting periods when fishing for cod with gear of
a mesh size equal to or larger than 90 mm is allowed22.5.2008 EN C 125 E/177 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 10
Article 8, paragraph 1, introductory part
1. It shall be prohibited to fish with trawls, Danish seines or
similar gear of a mesh size equal to or larger than 90 mm, withgillnets, entangling nets or trammel nets of a mesh size equal toor larger than 90 mm , or with bottom set lines :1. It shall be prohibited to fish with trawls, Danish seines or
similar gear of a mesh size equal to or larger than 90 mm, withgillnets, entangling nets or trammel nets of a mesh size equal toor larger than 90 mm:
Amendment 11
Article 8, paragraph 3
3. Where the fishing mortality rate for one of the cod stocks
concerned has been estimated by the STECF to be at least 10 %
higher than the minimum fishing mortality rate defined in Arti-
cle 4, the total number of days when fishing with the gear ref-erred to in paragraph 1 is allowed shall be reduced by 10 %
compared to the total number of days allowed in the currentyear.3. Where the fishing mortality rate for one of the cod stocks
concerned has been estimated by the STECF to be at least 10 %
higher than the minimum fishing mortality rate defined in Arti-
cle 4, the total number of days when fishing with the gear ref-erred to in paragraph 1 is allowed shall be reduced by 8%com-
pared to the total number of days allowed in the current year.
Amendment 12
Article 8, paragraph 6a (new)
6a. By way of derogation from the rules on minimum land-
ing size for cod laid down in Regulation (EC) No 2187/2005,the minimum landing size for cod in Subdivisions 22 to 32shall be 40 cm.
Amendment 13
Article 12, paragraph 1
1. By way of derogation from Article 6(4) of Regulation
(EEC) No 2847/93 establishing a control system applicable tothe common fisheries policy, the masters of all Community ves-sels of an overall length equal to or greater than eight metresshall keep a logbook of their operations in accordance with
Article 6 of that Regulation.1. By way of derogation from Article 6(4) of Regulation
(EEC) No 2847/93 establishing a control system applicable tothe common fisheries policy, the masters of all Community ves-sels of an overall length equal to or greater than eight metresfishing under a special permit for fishing for cod in the Baltic
Sea, issued in accordance with Article 11 of this Regulation,
shall keep a logbook of their operations in accordance withArticle 6 of that Regulation.
Amendment 14
Article 16
By way of derogation from Article 5(2) of Regulation (EEC)
No 2807/83, the permitted margin of tolerance in estimatingquantities, in kilograms, of fish subject to a TAC that areretained on board vessels shall be 8% of the logbook figure.By way of derogation from Article 5(2) of Regulation (EEC)
No 2807/83, the permitted margin of tolerance in estimatingquantities, in kilograms, of fish subject to a TAC that areretained on board vessels shall be 10 % of the logbook figure.
For catches which are landed unsorted the permitted margin of
tolerance in estimating quantities shall be 8%of the total quan-
tity that are retained on board.For catches which are landed unsorted the permitted margin of
tolerance in estimating quantities shall be 10 % of the total
quantity that are retained on board.C 125 E/178 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 15
Article 17, paragraph 2
2. When a fishing vessel exits from either Area A, B or Sub-
division 28-32 (Area C) with more than 100 kg of cod onboard, it shall:2. When a fishing vessel exits from either Area A, B or Sub-
division 28-32 (Area C) with more than 100 kg of cod onboard, the vessel's master shall immediately notify the appro-
priate fisheries inspectorate of the size of the catch in theArea the vessel has left.
(a) go directly to port within the Area it has been fishing and
land the fish, or
(b) go directly to port outside the Area where it has been
fishing and land the fish.
(c) When leaving the Area where the vessel has been fishing,
the nets shall be stowed in accordance with the followingconditions so that they may not readily be used:
(i) nets, weights and similar gear shall be disconnected
from their trawl boards and towing and haulingwires and ropes,
(ii) nets which are on or above deck shall be securely
lashed to some part of the superstructure.
Amendment 16
Article 20, paragraph 1
1. Fishing vessels with more than 100 kg of cod on board
shall not commence discharging until authorised by the compe-
tent authorities of the place of discharge.1. Fishing vessels with more than 300 kg of cod on board
shall not commence discharging until authorised by the compe-
tent authorities of the place of discharge.
Amendment 17
Article 27, paragraph 1
1. The Commission shall, on the basis of advice from STECF
and the Baltic Regional Advisory Council (RAC), evaluate the
impact of the management measures on the stocks concerned
and on the fisheries exploiting those stocks in the third year of
application of this Regulation and in each of the followingyears.1. The Commission shall, on the basis of advice from STECF
and the Baltic Regional Advisory Council (RAC), evaluate the
impact of the management measures on the stocks concerned
and on the fisheries exploiting those stocks in the second year
of application of this Regulation and in each of the followingyears.
Amendment 18
Article 27, paragraph 2
2. The Commission shall seek scientific advice from STECF
on the rate of progress towards the targets specified in Article 4in the third year of application of this Regulation and each
third successive year of its application. Where the advice indi-
cates that the targets are unlikely to be met, the Council shalldecide by a qualified majority on a proposal from the Commis-sion on additional and/or alternative measures required toensure that the objectives are met.2. The Commission shall seek scientific advice from STECF
on the rate of progress towards the targets specified in Article 4in the second year of application of this Regulation and each
second successive year of its application. Where the advice indi-
cates that the targets are unlikely to be met, the Council shalldecide by a qualified majority on a proposal from the Commis-sion on additional and/or alternative measures required toensure that the objectives are met.22.5.2008 EN C 125 E/179 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 19
Article 27a (new)
Article 27aMonitoring the socio-economic impact of application of the
Regulation
The Commission shall draft a report on the socio-economic
impact of the application of this Regulation on the fisheriessector, particularly on employment and the economic situationof fishermen, shipowners and firms engaged in cod fishingand processing. The Commission shall produce this report inthe second year of application of this Regulation and in eachsubsequent year of its application, for submission to the Euro-pean Parliament by 30 April of the relevant year.
P6_TA(2007)0232
Specific rules as regards the fruit and vegetable sector *
European Parliament legislative resolution of 7 June 2007 on the proposal for a Council regulationlaying down specific rules as regards the fruit and vegetable sector and amending certain Regula-
tions (COM(2007)0017 —C6-0075/2007 —2007/0012(CNS))
(Consultation procedure)
The European Parliament,
— having regard to the Commission proposal to the Council (COM(2007)0017) (
1),
— having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parlia-
ment (C6-0075/2007),
— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of the Committee on Agriculture and Rural Development and the opinion
of the Committee on International Trade (A6-0183/2007),
(1) Not yet published in OJ.C 125 E/180 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT