Herring stocks in the West of Scotland *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)
Date: 2008-12-04
Institutions: Committee on Fisheries, European Parliament
Subjects: Scotland, authorised catch, fishery management, fishery resources, fishing area, sea fish








CE2010021EN.01001701.xml










28.1.2010   


EN


Official Journal of the European Union


CE 21/17





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,
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;










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 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.














(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)





 




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.