P7_TA(2013)0009 Sustainable exploitation of fishery resources in the Mediterranean Sea ***I European Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (COM(2011)0479 — C7-0216/2011 — 2011/0218(COD)) P7_TC1-COD(2011)0218 Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No …/2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea
Date: 2013-01-16
Institutions: Committee on Fisheries, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: Mediterranean Sea, catch quota, conservation of fish stocks, fishery resources, fishing controls, fishing vessel








C_2015440EN.01018601.xml










30.12.2015   


EN


Official Journal of the European Union


C 440/186





P7_TA(2013)0009
Sustainable exploitation of fishery resources in the Mediterranean Sea ***I
European Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (COM(2011)0479 — C7-0216/2011 — 2011/0218(COD))
(Ordinary legislative procedure: first reading)
(2015/C 440/24)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2011)0479),










—


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 (C7-0216/2011),










—


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 7 December 2011 (1),










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Fisheries (A7-0180/2012),












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 43, 15.2.2012, p. 56.


P7_TC1-COD(2011)0218
Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No …/2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea
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,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:








(-1)






In order to reflect the changes brought about by the entry into force of the Lisbon Treaty, it is necessary to carry out a general alignment of Council Regulation (EC) No 1967/2006

 (3)
. [Am. 2]











(1)


Regulation (EC) No 1967/2006 confers powers upon the Commission in order to implement some of its provisions.










(2)


The powers conferred under Regulation (EC) No 1967/2006 upon the Commission need to be aligned to Article 290 of the Treaty on the Functioning of the European Union (TFEU).










(3)


In order to apply some of the provisions

supplement or amend certain non-essential elements
 of Regulation (EC) No 1967/2006, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the following: [Am. 3]







—


the granting of derogations where they are specifically provided for in that Regulation;










—




the designation of a fishing protected area in a Member State's territorial waters or the laying down of fisheries management measures in respect of the waters concerned if the Member State's fisheries management measures are not sufficient to ensure a high level of protection of resources and of the environment; [Am. 4]











—




the decision to confirm, cancel or amend a designation of a fishing protected area that is liable to affect the vessels of another Member State; [Am. 5]











—




the amendment of the derogation which authorises the use of trawl nets; [Am. 6]











—




the amendment of a Member State's management plan if that management plan is not sufficient to ensure a high level of protection of resources and of the environment; [Am. 7]











—




the decision to confirm, cancel or amend a Member State’s management plan that is liable to affect the vessels of another Member State; [Am. 8]











—




the distribution of the surplus of available fishing capacity between the Member States in the 25-mile management zone around Malta, and [Am. 9]











—


the setting of criteria to be applied for the establishment and allocation of fish aggregating devices (FAD) course lines for dolphin fish fishery in the 25-mile management zone around Malta.










—



the adoption of detailed rules for further technical specifications of square mesh panels to be inserted into towed nets;
[Am. 10]











—



the adoption of technical specifications limiting the maximum dimension of float line, ground rope, circumference or perimeter of trawl nets along with the maximum number of nets in multi-rig trawl nets, and
[Am. 11]











—



the amendments to the Annexes to Regulation (EC) No 1967/2006.
[Am. 12]





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 Council.










(5)


The reference to seagrass beds of Posidonia oceanica should be clarified.











(6)




Further technical and scientific information is needed to duly take into account the specificities of the Mediterranean fisheries to enable the Commission to establish possible technical specifications limiting the maximum dimension of trawl nets and the maximum number of nets in multi-rig trawl nets, as mentioned above;
[Am. 13]













(6a)






The conservation of fishery resources in the Mediterranean Sea is of particular importance and should therefore be mentioned in the title of Regulation (EC) No 1967/2006. [Am. 14]











(7)


Regulation (EC) No 1967/2006 should therefore be amended accordingly,




HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1967/2006 is amended as follows:








(-1)






The title is replaced by the following:




‘Council Regulation (EC) No 1967/2006 concerning management measures for the conservation and sustainable exploitation of fishery resources in the Mediterranean Sea’



[Am. 1]











(1)


In Article 4(5), the introductory phrase is replaced by the following:
‘5.   By way of derogation from subparagraph 1 of paragraph 1, the Commission shall be empowered to adopt delegated acts accordance with Article 30a, authorising fishing by vessels of less than or equal to 12 metres overall length and engine power of less than or equal to 85 kW with bottom towed nets traditionally undertaken above seagrass beds of the type Posidonia oceanica, provided that:’












(1a)






In Article 6, paragraph 2 is replaced by the following:




‘2.
   
After the period laid down in paragraph 1 and until 30 November 2009, the Council may designate additional fishing protected areas, or change their delimitation and management rules established therein, on the basis of new relevant scientific information.



From 1 December 2009, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, on a proposal from the Commission, shall designate additional fishing protected areas, or change their delimitation and management rules established therein, on the basis of new relevant scientific information.’



[Am. 15]













(1b)






Article 7 is amended as follows:










(a)






paragraph 4 is replaced by the following:




‘4.
   
If the Commission considers that the fisheries management measures notified pursuant to paragraph 3 are not sufficient to ensure a high level of protection of resources and the environment, it may, after consulting the Member State concerned, request it to amend the measure within three months from the date of notification of the request.




If the Commission considers that the Member State's fisheries management measures have not been changed, or have been amended inappropriately, and are still not sufficient to ensure a high level of protection of resources and of the environment, it shall be empowered to adopt delegated acts, in accordance with Article 30a, designating a fishing protected area or laying down fisheries management measures in respect of the waters concerned.’














(b)






paragraph 5 is replaced by the following:




‘5.
   
Where a Member State proposes to designate a fishing protected area within its territorial waters that is liable to affect the vessels of another Member State, it shall notify the Commission, that other Member State and the Regional Advisory Council concerned, before adopting that designation.




The Member States and the Regional Advisory Council concerned may submit their written comments to the Commission on the proposed designation within 30 working days from the date of notification of the proposed designation.




After considering any such comments submitted, the Commission shall be empowered to adopt delegated acts, in accordance with Article 30a, that confirm, cancel or amend the designation within 60 working days from that date of notification of the proposed designation.’



[Am. 16]















(2)


Article 13 is amended as follows:






(a)


paragraph 5 is replaced by the following:
‘5.   Member States may request a derogation from paragraphs 1, 2 and 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 30a, allowing such derogations on condition that they are justified by specific geographical features of the sea areas concerned, such as the limited size of continental shelf along the entire coastline of a Member State or the limited extent of trawlable fishing grounds, where the fisheries have no significant impact on the marine environment and affect a determined group of vessels of the Member State or, as the case may be, of other Member States, and provided that those fisheries cannot be undertaken with another gear and are subject to a management plan as referred to in Articles 18 or 19. Member States shall provide up-to-date scientific and technical justifications for such derogations.’










(b)


paragraph 10 is replaced by the following:
‘10.   The Commission shall be empowered to adopt delegated acts in accordance with Article 30a allowing derogations from paragraphs 1 and 2, for fisheries benefiting from a derogation under Article 4(5).’












(ba)






in paragraph 11, subparagraph 4 is replaced by the following:




‘If the Commission, on the basis of the notifications provided by Member States in accordance with subparagraphs 2 and 3, or of new scientific advice, considers that the conditions for a derogation are not met, it may, after having consulted the Member State concerned, request it to amend the derogation within three months from the date of the notification of the request. If the Commission considers that the Member State has not amended that derogation, or has amended it inappropriately, the Commission shall be empowered to adopt delegated acts, in accordance with Article 30a, amending that derogation in order to ensure the protection of resources and of the environment.’


[Am. 17]
















(2a)






In Article 14, paragraph 3 is deleted. [Am. 18]













(2b)






In the first subparagraph of Article 18(1), the introductory part is replaced by the following:




‘1.
   
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, on a proposal from the Commission, shall adopt management plans for specific Mediterranean fisheries, in particular, in areas totally or partially beyond the territorial waters of Member States. These plans may, in particular, include:’



[Am. 19]













(2c)






Article 19 is amended as follows:










(a)






paragraph 8 is replaced by the following:




‘8.
   
If the Commission, on the basis of the notification referred to in paragraph 7 or of new scientific advice, considers that a management plan adopted under either paragraph 1 or paragraph 2 is not sufficient to ensure a high level of protection of resources and the environment, it may, after consulting the Member State concerned, request it to amend the plan within three months from the date of notification of the request.




If the Commission considers that the Member State's management plan has not been changed, or has been amended inappropriately, and that it is still not sufficient to ensure a high level of protection of resources and of the environment, it shall be empowered to adopt delegated acts, in accordance with Article 30a, amending the management plan in order to ensure the protection of the resources and of the environment.’














(b)






paragraph 9 is replaced by the following:




‘9.
   
Where a Member State proposes to adopt a management plan that is liable to affect the vessels of another Member State, it shall notify the Commission, that other Member State and the Regional Advisory Council concerned, before adopting that management plan.




The Member States and the Regional Advisory Council concerned may submit their written comments to the Commission on the proposed management plan within 30 working days from the date of notification of the proposed adoption.




After considering any such comments submitted, the Commission shall be empowered to adopt delegated acts, in accordance with Article 30a, that confirm, cancel or amend the plan within 60 working days from that date of notification of the proposed management plan.’



[Am. 20]















(3)


In Article 26(3), the first subparagraph is replaced by the following:
‘3.   If the overall fishing capacity referred to in paragraph 2(a) exceeds the overall fishing capacity of trawlers with an overall length equal to, or less than, 24 metres and operating in the management zone in the reference period 2000-2001 (“the reference fishing capacity”), the Commission shall adopt delegated acts in accordance with Article 30a, distributing that surplus of available fishing capacity between the Member States taking into account the interest of the Member States requesting an authorisation.’










(4)


In Article 27(3) the second subparagraph is replaced by the following:
‘The Commission shall adopt delegated acts in accordance with Article 30a, establishing the criteria to be applied for the establishment and allocation of FAD course lines.’












(4a)






Article 28 is deleted. [Am. 21]













(4b)






Article 29 is deleted. [Am. 22]











(5)


Article 30 is replaced by the following:

deleted.



‘The Annexes shall be amended by means of delegated acts adopted in accordance with Article 30a.’

[Am. 23]










(6)


The following Article is inserted:
‘Article 30a
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 powers

power to adopt delegated acts
 referred to in Articles 4(5), 
7(4) and (5)
, 13(5) and (10), 
the fourth subparagraph of Article 13(11), Article 19(8) and (9),
 the first subparagraph of Article 26(3), 
and
 the second subparagraph of Article 27(3), Article 30, Annex I(B)(3) and Annex II(7) shall be conferred 
on the Commission
 for 
a

an indeterminate period of time

three years
 from the date of the entry into force of this Regulation … (4). 
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. 24]

3.   The delegation of powers referred to in Articles 4(5), 
7(4) and (5),
 13(5) and (10), 
the fourth subparagraph of Article 13(11), Article 19(8) and (9),
 the first subparagraph of 26(3) 
and
 the second subparagraph of 27(3), Article 30, Annex I(B)(3) and Annex II(7) may be revoked at any time by the European Parliament or by the Council. A decision 
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.
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 4(5), 
7(4) and (5),
 13(5) and (10), 
the fourth subparagraph of Article 13(11), Article 19(8) and (9),
 the first subparagraph of Article 26(3) 
and
 the second subparagraph of Article 27(3), Article 30, Annex I(B)(3) and Annex II(7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 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 months at the initiative of the European Parliament or of the Council.’










(7)


In Annex I, section (B) is amended as follows:






(a)


point 3 is replaced by the following:






‘3.


Square mesh panels may be inserted into any towed net and shall be placed in front of any extension piece or at any point between the front of any extension piece and the posterior of the cod-end. It shall not be obstructed in any way by either internal or external attachments. It shall be constructed of knotless netting or of netting constructed with non-slip knots, and shall be inserted in such a way that the meshes remain fully open at all times while fishing. Detailed rules for further technical specifications of square mesh panels shall be established by means of delegated acts adopted in accordance with Article 30a .’




[Am. 25]












(b)






point 4 is deleted; [Am. 26]













(c)






point 5 is replaced by the following:










‘5.





The carrying on board or the use of any towed net the cod-end of which is constructed wholly or in part of any type of netting material made of meshes other than square mesh or diamond mesh shall be prohibited.’





[Am. 27]














(8)


In Annex II, point 7 is replaced by the following:

deleted.









‘7.



Technical specifications limiting the maximum dimension of floatline, groundrope, circumference or perimeter of trawl nets along with the maximum number of nets in multi-rig trawl nets may be established by the Commission by means of delegated acts adopted in accordance with Article 30a.’




[Am. 28]




Article 2
This Regulation shall enter into force on the third 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 43, 15.2.2012, p. 56.

(2)  Position of the European Parliament of 16 January 2013.

(3)  

OJ L 409, 30.12.2006, p. 11.



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