European Parliament legislative resolution on the proposal for a Council regulation establishing measures for the recovery of the sole stocks in the Western Channel and the Bay of Biscay (COM(2003)0819 - C5-0047/2004 - 2003/0327(CNS))
Date: 2005-04-14
Institutions: European Parliament
Subjects: authorised catch, catch quota, common fisheries policy, conservation of fish stocks, sea fish

C 33 E/540

Official Journal of the European Union

EN

9.2.2006

Thursday 14 April 2005

TEXTS ADOPTED

P6_TA(2005)0128

Sole stocks *

European Parliament legislative resolution on the proposal for a Council regulation establishing
measures for the recovery of the sole stocks in the Western Channel and the Bay of Biscay (COM
(2003)0819 — C5-0047/2004 — 2003/0327(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2003)0819) (1),

— having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament

(C5-0047/2004),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Fisheries (A6-0050/2005),

Approves the Commission proposal as amended;

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

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

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-

1.

2.

3.

4.
tially;

5.

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

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1
Title

Proposal for a Council regulation establishing measures for the
recovery of the sole stocks in the Western Channel and the Bay
of Biscay

Proposal for a Council regulation establishing a management
plan for sole stocks in the Western Channel and the Bay of
Biscay

(This amendment entails replacing ‘recovery’ by ‘management’ through-
out the text with the exception of the last line of Article 3(3)).

Amendment 2
Recital 1

(1) Recent scientific advice from the International Council
for the Exploration of the Sea (ICES) has indicated that the
sole stocks in ICES Divisions VIIe and VIIIa, b have been sub-
jected to levels of mortality by fishing which have eroded the
quantities of mature fish in the sea to the point at which the
stocks may not be able to replenish themselves by reproduction
and that the stocks are therefore threatened with collapse.

Deleted

(1) Not yet published in OJ.

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Official Journal of the European Union

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TEXT PROPOSED
BY THE COMMISSION

Thursday 14 April 2005

AMENDMENTS
BY PARLIAMENT

Amendment 3

Recital 2

(2) Measures need to be taken to establish multi-annual plans
for the recovery of these stocks in conformity with Article 5 of
Council Regulation (EC) No 2371/2002 of 20 December 2002
on the conservation and sustainable exploitation of fisheries
resources under the Common Fisheries Policy.

(2) Management measures should be taken for these stocks in
conformity with Article 6 of Council Regulation (EC) No 2371/
2002 of 20 December 2002 on the conservation and sustain-
able exploitation of fisheries resources under the Common Fis-
heries Policy.

(3) The objectives of the plans should be to rebuild these
stocks to safe biological limits within five to ten years.

(3) The objectives of the plans should be to ensure that these
stocks remain within safe biological limits.

Amendment 4

Recital 3

Amendment 5

Recital 3a (new)

(3a) The objective of the new common fisheries policy is to
provide for the sustainable exploitation of
living aquatic
resources, taking account of the environmental, social and
economic aspects in a balanced manner.

Amendment 6

Recital 3b (new)

In implementing the plan, the Commission and the
(3b)
Member States should ensure the full participation of the
Regional Advisory Councils and other stakeholders.

Amendment 7

Recital 5

(5) The absolute sizes of the stocks concerned as estimated
by STECF and ICES are too uncertain to be used as targets
for the recovery and the targets should be expressed in terms
of fishing mortality rates.

Deleted

Amendment 8

Recital 6

(6)
In order to achieve that objective, the levels of fishing
mortality rates need to be controlled so that it is highly likely
that those rates are reduced from year to year.

Deleted

C 33 E/542

Official Journal of the European Union

EN

9.2.2006

Thursday 14 April 2005

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 9
Recital 8

(8) Once recovery has been achieved the Council should
decide on a proposal from the Commission on follow-up
measures in accordance with Article 6 of Regulation (EC)
No 2371/2002.

Deleted

Amendment 10
Article 2

The recovery plan shall aim to rebuild the sole stocks concerned
to within safe biological limits.

The management plan shall aim to maintain the sole stocks
concerned within safe biological limits.

Amendment 12
Article 3, paragraph 2

2. Where the Commission finds, on the basis of the annual
evaluation, that any of the sole stocks concerned has reached
the objective set out in Article 2, the Council shall decide by
qualified majority on a proposal from the Commission to
replace, for that stock, the recovery plan provided for in this
Regulation by a management plan in accordance with Arti-
cle 6 of Regulation (EC) No 2371/2002.

Deleted

Amendment 13
Article 3, paragraph 3

3. Where the Commission finds, on the basis of the annual
evaluation, that any of the sole stocks concerned do not show
proper sign of recovery, the Council shall decide by qualified
majority on a proposal from the Commission on additional
and/or alternative measures to ensure recovery of the stock con-
cerned.

3. Where the Commission finds, on the basis of the annual
evaluation, that any of the sole stocks concerned are at risk of
collapse, the Council shall decide by qualified majority on a
proposal from the Commission on additional and/or alternative
measures to ensure recovery of the stock concerned.

Amendment 14
Article 5, paragraph 1

1.
Where the fishing mortality rate for one of the sole
stocks concerned has been estimated by the STECF in the
light of the most recent report of ICES to be above 0,14 per
year, the TAC for that stock shall not exceed a level of catches
which, according to a scientific evaluation carried out by the
STECF in the light of the most recent report of ICES, will
result in a reduction of:

1.
The TAC shall not exceed a level of catches for which a
scientific evaluation by the STECF, carried out in the light of
the most recent report of ICES, has shown that it will result in
a 15 % increase in the quantities of adult fish in the sea, at
the end of its year of application, by comparison with the
quantities estimated to be present in the sea at the start of
the year in question.

(a) 20 % in the fishing mortality rate in its year of appli-
cation, compared to the fishing mortality rate estimated
for the preceding year with regard to the sole stock in
Division VIIe;

(b) 35 % in the fishing mortality rate in its year of appli-
cation, compared to the fishing mortality rate estimated
for the preceding year with regard to the sole stock in
Divisions VIIIa and b.

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TEXT PROPOSED
BY THE COMMISSION

Thursday 14 April 2005

AMENDMENTS
BY PARLIAMENT

Amendment 15

Article 5, paragraph 2

2. Where the fishing mortality rate for one of the sole
stocks concerned has been estimated by the STECF, in the
light of the most recent report of ICES, to be equal to or
below 0,14 per year, the TAC for that stock shall be set at a
level of catches which, according to a scientific evaluation car-
ried out by the STECF in the light of the most recent report of
ICES will result in a fishing mortality rate of:

2.
The Council shall not adopt a TAC which the STEFC, in
the light of the most recent report of ICES, expects would
result, in the year of its application, in a fishing mortality
rate in excess of the following values:

(a) 0,11 per year in the year of its application with regard to

Bay of Biscay sole: 0,36;

the sole stock in Division VIIe;

(b) 0,09 per year in the year of its application with regard to

the sole stock in Divisions VIIIa and b.

Western Channel sole: rate to be defined in view of subsequent
ICES advice, following the inclusion of data series from cer-
tain countries which are currently not taken into account.

Amendment 16

Article 6, paragraphs 1 and 2

In the first year of application of this Regulation, the

1.
following rules shall apply:

(a) where application of Article 5 would result in a TAC
which exceeds the TAC of the preceding year by more
than 25 %, the Council shall adopt a TAC which shall
not be more than 25 % greater than the TAC of that year;

(b) where application of Article 5 would result in a TAC
which is more than 25 % less than the TAC of the preced-
ing year, the Council shall adopt a TAC which is not more
than 25 % less than the TAC of that year.

Starting with the second year of application of this Regu-

2.
lation, the following rules shall apply:

Starting with the first year of application of this Regu-

2.
lation, the following rules shall apply:

(a) where application of Article 5 would result in a TAC which
exceeds the TAC of the preceding year by more than 15 %,
the Council shall adopt a TAC which shall not be more
than 15 % greater than the TAC of that year;

(a) where application of Article 5 would result in a TAC which
exceeds the TAC of the preceding year by more than 15 %,
the Council shall adopt a TAC which shall not be more
than 15 % greater than the TAC of that year;

(b) where application of Article 5 would result in a TAC which
is more than 15 % less than the TAC of the preceding year,
the Council shall adopt a TAC which is not more than 15 %
less than the TAC of that year.

(b) where application of Article 5 would result in a TAC which
is more than 15 % less than the TAC of the preceding year,
the Council shall adopt a TAC which is not more than 15 %
less than the TAC of that year.

Amendment 17

Chapter III

This chapter is deleted.

C 33 E/544

Official Journal of the European Union

EN

9.2.2006

Thursday 14 April 2005

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 18

Article 16

By way of derogation from Article 5(2) of Commission Regu-
lation (EEC) No 2807/83 of 22 September 1983 laying down
detailed rules for recording information on Member States'
catches of fish, the permitted margin of tolerance, in estimation
of quantities, in kilograms retained on board of vessels shall be
5 % of the logbook figure.

By way of derogation from Article 5(2) of Commission Regu-
lation (EEC) No 2807/83 of 22 September 1983 laying down
detailed rules for recording information on Member States'
catches of fish, the permitted margin of tolerance, in estimation
of quantities, in kilograms of live weight retained on board of
vessels, shall be 8 % of the logbook figure. In the event that no
conversion factor is laid down in Community legislation, the
conversion factor adopted by the Member State whose flag the
vessel is flying shall apply.

Amendment 19

Article 17

The competent authorities of a Member State shall ensure that
any quantity of common sole exceeding 50 kg caught in any of
the areas referred to in Article 1 shall be weighed using auction
room scales before sale.

The competent authorities of a Member State shall ensure that
any quantity of common sole exceeding 100 kg caught in any
of the areas referred to in Article 1 shall be weighed using auc-
tion room scales before sale.

Amendment 20

Article 19, paragraph 1

1.
The competent authorities of a Member State may require
that any quantity of common sole exceeding 50 kg caught in
any of the geographical areas referred to in Article 1 and first
landed in that Member State is weighed before being trans-
ported elsewhere from the port of first landing.

1.
The competent authorities of a Member State may require
that any quantity of common sole exceeding 100 kg caught in
any of the geographical areas referred to in Article 1 and first
landed in that Member State is weighed before being trans-
ported elsewhere from the port of first landing.

Amendment 21

Article 19, paragraph 2

2.
By way of derogation from Article 13 of Regulation (EEC)
No 2847/93, quantities bigger than 50 kg of common sole
which are transported to a place other than that of
landing
or import shall be accompanied by a copy of one of the declar-
ations provided for in Article 8(1) of Regulation (EEC) No 2847/
93 pertaining to the quantities of the sole transported. The
exemption provided for in Article 13(4)(b) of Regulation (EEC)
No 2847/93 shall not apply.

2.
By way of derogation from Article 13 of Regulation (EEC)
No 2847/93, quantities bigger than 100 kg of common sole
which are transported to a place other than that of
landing
or import shall be accompanied by a copy of one of the declar-
ations provided for in Article 8(1) of Regulation (EEC) No 2847/
93 pertaining to the quantities of the sole transported. The
exemption provided for in Article 13(4)(b) of Regulation (EEC)
No 2847/93 shall not apply.

Amendment 22

Annex

This annex is deleted.