Stock of herring distributed to the west of Scotland ***I European Parliament legislative resolution of 14 June 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (COM(2011)0760 – C7-0432/2011 – 2011/0345(COD))#P7_TC1-COD(2011)0345 Position of the European Parliament adopted at first reading on 14 June 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock
Date: 2012-06-14
Institutions: Committee on Fisheries, European Parliament
Subjects: Atlantic Ocean, Scotland, authorised catch, catch quota, fishing rights, sea fish








CE2013332EN.01017801.xml










15.11.2013   


EN


Official Journal of the European Union


CE 332/178





Thursday 14 June 2012Stock of herring distributed to the west of Scotland ***I
P7_TA(2012)0253
European Parliament legislative resolution of 14 June 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (COM(2011)0760 – C7-0432/2011 – 2011/0345(COD))
2013/C 332 E/34
(Ordinary legislative procedure: first reading)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2011)0760),










—


having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0432/2011),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Economic and Social Committee of 18 January 2012 (1),










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Fisheries (A7-0145/2012),










1.


Adopts its position at first reading hereinafter set out;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 68, 6.3.2012, p. 74.


Thursday 14 June 2012P7_TC1-COD(2011)0345
Position of the European Parliament adopted at first reading on 14 June 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:






(1)


Council Regulation (EC) No 1300/2008 [of 18 December 2008] establishing a multi-annual plan for the stock of herring distributed to the West of Scotland and the fisheries exploiting that stock (3) empowers the Council to follow-up and revise the maximum fishing mortality rates and associated spawning stock biomass levels specified in Article 3(2) and referred to in Articles 4(2), 4(5) and 9 thereof

therein
. [Am. 1]












(2)




In accordance with Article 290 of the Treaty the Commission may be empowered to supplement or amend non-essential elements of a legislative act by means of delegated acts.
[Am. 2]











(3)


In order to allow for an efficient achievement of

ensure that
 the targets set in the multi-annual plan 
are achieved efficiently
 and for a swift

that the
 reaction to changes in stock conditions 
is swift
, the power to 
adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to
 revise maximum fishing mortality rates and associated spawning stock biomass levels, when scientific data indicate that these values are no longer appropriate to achieve the objective of the plan, should be delegated to the Commission in accordance with Article 290 of the Treaty. 
It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 3]











(4)


Since herring in the west of Scotland is a migrating

migratory
 species, the specification of the area it

that the stock of herring distributed to the west of Scotland
 currently inhabits should serve to identify

distinguish
 it from other stocks, but should not prevent this plan for

from
 applying in the event that the species

that stock
 changes its mobility patterns. Articles 1 and 2 should be modified accordingly. [Am. 4]












(5)




It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
[Am. 5]












(6)




The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
[Am. 6]












(7)




At the occasion of this amendment, a mistake in the heading of Article 7 should be corrected.
[Am. 7]











(8)


Regulation (EC) No 1300/2008 should therefore be amended accordingly,




HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1300/2008 is amended as follows:






(1)


Article 1 is replaced by the following:
"Article 1


Subject-matter

This Regulation establishes a multi-annual plan for the fisheries exploiting the stock of herring in the West

area west
 of Scotland." [Am. 8]











(2)


[In Article 2 the following point (e) is added:






"(e)


"
herring
 stock of herring in the West

area west
 of Scotland" means the stock of herring (clupea harengus) 
distributed to the west of Scotland
 which 
currently
 inhabits Union and international waters of ICES divisions

zones
 Vb, VIa and VIb 
and the part of ICES zone VIa which lies east of the meridian of longitude 7°W and north of the parallel of latitude 55°N, or west of the meridian of longitude 7°W and north of the parallel of latitude 56°N, excluding the Clyde.
" [Am. 9]















(3)


Article 7 is replaced by the following:
"Article 7


Revision of maximum fishing mortality rates and associated spawning stock biomass levels

Where 
the Commission, on the basis of advice from STECF and possibly other
 scientific data indicates

and after consulting fully with the Pelagic Regional Advisory Council, finds
 that the values for the fishing mortality rates and associated spawning stock biomass levels specified in Article 3(2), Article 4(2) to (5) and Article 9 are no longer appropriate to achieve the objective set forth

out
 in Article 3(1), the Commission

it
 shall fix

adopt delegated acts in accordance with Article 9a fixing
 new values for such

those
 rates and levels by means of delegated acts in accordance with Article 9a." [Am. 10]











(4)


Article 8 is replaced by the following:
"Article 8


Evaluation and review of the multi-annual plan



1.
   
At least
 every four years, starting from 18 December 2008, the Commission shall evaluate the operation and performance of the multi-annual plan. 
For the purpose of this evaluation, the Commission shall seek the advice of STECF and of the Pelagic Regional Advisory Council.
 Where appropriate

necessary
, the Commission may propose adaptations to

shall make appropriate proposals, for adoption in accordance with the ordinary legislative procedure, for the amendment of
 the multi-annual plan. or adopt delegated acts in accordance with Article 7."



2.
   
Paragraph 1 shall be without prejudice to the delegation of power in Article 7.
" [Am. 11]











(5)


The following Article 9a is inserted:
"Article 9a


Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2.   The delegation of power 
to adopt delegated acts
 referred to in Article 7 and 8 shall be conferred 
on the Commission
 for an indeterminate

a
 period of time

three years
 from … (4)
[dd/mm/yyyy] [insert date of entry into force of this 
the
 Regulation]. 
The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 12]

3.   The delegation of power referred to in Articles

Article
 7 and 8 may be revoked at any time by the European Parliament or by the Council. A decision of revocation

to revoke
 shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or 
at
 a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 13]

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5.   A delegated act adopted pursuant to Articles

Article
 7 and 8 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2

two
 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2

two
 months at the initiative of the European Parliament or 
of
 the Council."

[Am. 14]






Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …,


For the European Parliament


The President




For the Council


The President





(1)  OJ C 68, 6.3.2012, p. 74.

(2)  Position of the European Parliament of 14 June 2012.

(3)  [OJ L 344, 20.12.2008, p. 6.]

(4)  Date of entry into force of this Regulation.