P7_TA(2013)0336 Amendment of Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms ***I European Parliament legislative resolution of 10 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (COM(2012)0432 — C7-0211/2012 — 2012/0208(COD)) P7_TC1-COD(2012)0208 Position of the European Parliament adopted at first reading on 10 September 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 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms
Date: 2013-09-10
Institutions: Committee on Fisheries, European Parliament
Subjects: catch quota, conservation of fish stocks, fishing area, fishing controls, fishing net, fishing rights, fishing vessel, sea fish, sea fishing, technical regulations








C_2016093EN.01019601.xml










9.3.2016   


EN


Official Journal of the European Union


C 93/196





P7_TA(2013)0336
Amendment of Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms ***I
European Parliament legislative resolution of 10 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (COM(2012)0432 — C7-0211/2012 — 2012/0208(COD))
(Ordinary legislative procedure: first reading)
(2016/C 093/31)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2012)0432),










—


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 (C7-0211/2012),










—


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 14 November 2012 (1),










—


having regard to its resolution of 22 November 2012 on the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (2),










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Fisheries (A7-0256/2013),












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 11, 15.1.2013, p. 86.

(2)  Texts adopted, P7_TA(2012)0448.


P7_TC1-COD(2012)0208
Position of the European Parliament adopted at first reading on 10 September 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 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms
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,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:






(1)


Council Regulation (EC) No 850/98 (2) confers powers upon the Commission in order to implement some of the provisions of that Regulation.










(2)


As a consequence of the entry into force of the Lisbon Treaty, certain powers conferred under Regulation (EC) No 850/98 need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union.










(3)


In order to apply certain provisions of Regulation (EC) No 850/98

enable certain provisions of this Regulation to be updated efficiently to reflect technical and scientific progress
, 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 in respect of the following:






—


the division of regions into geographical areas;










—



to amend

the amendment of
 rules concerning the conditions for the use of certain mesh size combinations;










—



to adopt

the adoption of
 detailed rules for obtaining the percentage of target species taken by more than one fishing vessel, in order to ensure that such percentages are respected by all the vessels involved in the fishing operation;










—



to adopt

the adoption of
 rules concerning the technical descriptions and method of use of authorised devices that might be attached to the fishing net, and which do not obstruct or diminish the effective mesh opening of the net;










—


conditions under which vessels exceeding eight meters length overall shall be permitted to use beam trawls within certain waters of the Union;










—


measures designed to address unexpectedly small or large recruitments of juveniles, changes in migration patterns or any other changes in the conservation status of fish stocks, with immediate effect.;










—




acts excluding specific fisheries of a Member State, in ICES sub-areas VIII, IX and X, from the application of certain provisions for gillnets, entangling nets and trammel nets, with a very low level of shark by-catches and of discards
. [Am. 1]















(4)


It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including

especially
 at expert level
, in order to obtain objective, rigorous, complete and up-to-date information
. [Am. 2]











(5)


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.










(6)


In order to ensure uniform conditions for the implementation of the provisions of Regulation (EC) No 850/98 implementing powers should be conferred upon the Commission concerning the following:






—


technical rules for measuring mesh sizes;










—


square-meshed netting and twine thickness;










—


technical rules related to the construction of netting materials;










—


listing of devices that may obstruct or otherwise diminish the effective mesh opening in a fishing net;










—


transmission of lists of vessels to which a special fishing permit to use beam trawls has been issued;










—


technical rules related to measuring engine power and gear dimensions;










—


the obligation of Member States to ensure that levels of fishing effort are not exceeded in certain areas of ICES Division IXa, and










—


temporary measures where the conservation of stocks of marine organisms calls for immediate action.














(7)


The implementing powers conferred upon the Commission, except those concerning the obligation of Member States to ensure that levels of fishing effort are not exceeded in certain areas of ICES Division IXa, should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (3).










(8)


Regulation (EC) No 850/98 should therefore be amended accordingly,




HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 850/98 is amended as follows:






(1)


In Article 2, paragraph 3 is replaced by the following:
‘3.   The regions referred to in paragraph 1 may be divided into geographical areas, in particular on the basis of the definitions referred to in paragraph 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the division of regions into geographical areas for the purpose of identifying geographical areas where specific technical conservation measures apply.’ [Am. 3]










(2)


Article 4 is amended as follows:






(a)


In paragraph 4, the following point is added:






‘(c)


The Commission shall be empowered to adopt delegated acts in accordance with Article 48a to amend Annex X and Annex XI, in order to increase the protection of juvenile fish in the context of the conservation of fish stocks.’














(b)


In paragraph 5, point (b) is replaced by the following:






‘(b)


The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the method of calculation of the percentages of target species and of other species retained on board when these have been taken by a net or nets towed simultaneously by more than one fishing vessel, and the method of verification for ensuring that any fishing vessels involved in the joint fishing operation that retain fish on board comply with the percentages of species as set out in Annexes I to V.’














(c)


Paragraph 6 is replaced by the following:
‘6.   Technical rules for measuring mesh sizes, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’














(3)


In Article 7, the following paragraph is added:
‘8.   Technical rules for measuring square-meshed netting, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’










(4)


In Article 8, the following paragraph is added:
‘4.   Technical rules concerning the measuring of twine thickness and the construction of netting material, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’










(5)


Article 16 is replaced by the following:
‘Article 16
1.   No device shall be used by means of which the mesh in any part of the fishing net is obstructed or otherwise effectively diminished.
2.   Paragraph 1 shall not exclude the use of certain devices which may obstruct or otherwise effectively diminish the mesh in any part of the fishing net but which may serve to protect or strengthen the net. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the technical descriptions and the method of use and attachment of such devices.
3   An exhaustive list of devices that comply with the technical descriptions established according to paragraph 2, and which may be attached to the fishing net, shall be determined by implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’










(6)


Article 29 is amended as follows:






(a)


Paragraph 6 is replaced by the following:
‘6.   The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning detailed conditions for the application of the criteria set out in paragraph 2 under which vessels exceeding eight meters length overall shall be permitted to use beam trawls in the areas set out in paragraph 1.’










(b)


the following paragraph is added:
‘7.   The Commission shall establish the operational requirements for transmission of the lists to be provided to the Commission by Member States as referred to in paragraph 2(c), first indent, by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’














(7)


In Article 29b, paragraph 6 is replaced by the following:
‘6.   Member States shall communicate to the Commission their measures to fulfil the obligation laid down in paragraph 5. If the Commission finds that the measures of a Member State do not fulfil that obligation, it may propose amendments to those measures. Where no agreement on the necessary measures is reached between the Commission and the Member State concerned, the Commission may establish such measures by means of implementing acts.’










(8)


In Article 34, paragraph 6 is replaced by the following:
‘6.   Technical rules for measuring engine power and gear dimensions shall be determined by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’












(8a)






In Article 34b, paragraph 11 is replaced by the following:




‘11.
   
After consulting STECF, the Commission shall be empowered to adopt delegated acts excluding specific fisheries of a Member State, in ICES sub-areas VIII, IX and X, from the application of paragraphs 1 to 9, where information provided by Member States shows that those fisheries result in a very low level of shark by-catches and of discards.’ [Am. 4]












(9)


Article 45 is replaced by the following:
‘Article 45
1.   The Commission shall be empowered to establish, by means of delegated acts adopted in accordance with Article 48a, technical conservation measures on the use of towed or fixed gear or on fishing activities in certain areas or during certain periods in addition to or by way of derogation to this Regulation. Those measures shall be designed to address unexpectedly small or large recruitments of juveniles, changes in migration patterns or any other changes in the conservation status of fish stocks 
of marine organisms
, with immediate effect. [Am. 5]

2.   Where the conservation of stocks of marine organisms calls for immediate action, the Commission may decide on temporary measures by means of implementing acts to remedy the situation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).
3.   Where the conservation of certain species or fishing grounds is seriously threatened, and where any delay would result in damage which would be difficult to repair, a Member State may take appropriate non-discriminatory conservation measures in respect of the waters under its jurisdiction.
4.   The measures referred to in paragraph 3, together with an explanatory memorandum, shall be communicated to the Commission and the other Member States as soon as they are adopted.
Within ten working days of receipt of such communication, the Commission shall confirm the appropriateness and non-discriminatory nature of such measures, or require their cancellation or amendment by means of implementing acts. The Commission's decision shall be immediately notified to the Member States.’










(10)


In Article 46, paragraph 4 is replaced by the following:
‘4.   At the initiative of the Commission, or at the request of any Member State, the question of whether a national technical measure applied by a Member State complies with paragraph 1 of this Article may be the subject of a decision taken by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). Should such a decision be taken, the third and fourth subparagraphs of paragraph 2 shall apply.’










(11)


Article 48 is replaced by the following:
‘Article 48
1.   The Commission shall be assisted by the Committee for fisheries and aquaculture established by Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (4).
2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

(4)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’"
						










(12)


The following Article is inserted:
‘Article 48a
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

power to adopt delegated acts
 referred to in 
Article
 2(3), 
point (c) of Article
 4(4)c, 
point (b) of Article
 4(5)b, 
Article
 16(2), 
Article
 29(6)
, Article 29d(7), Article 34b(11)
 and 
Article
 45(1) shall be conferred 
on the Commission
 for an indeterminate

a
 period of time

three years from …

 (5). 
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. 6]

3.   The delegation of powers referred to in Articles

Article
 2(3), 
point (c) of Article
 4(4)c, 
point (b) of Article
 4(5)b, 
Article
 16(2), 
Article
 29(6)
, Article 29d(7), Article 34b(11)
 and 
Article
 45(1) 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. 7]

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
 2(3), 
point (c) of Article
 4(4)c, 
point (b) of Article
 4(5)b, 
Article
 16(2), 
Article
 29(6), 
Article 29d(7),

and

Article 34b(11) or Article
 45(1) 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.’

(5)  
Date of the entry into force of this Regulation.
"
						





[Am. 8]

Article 2
This Regulation shall enter into force on the 20th 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)  Position of the European Parliament of 10 September 2013.

(2)  Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1).

(3)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).