Amendments adopted by the European Parliament on 28 April 2015 on the proposal for a regulation of the European Parliament and of the Council establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (COM(2014)0614 — C8-0174/2014 — 2014/0285(COD))
Date: 2015-04-28
Institutions: Committee on Fisheries, European Parliament
Subjects: Baltic Sea, authorised catch, catch area, catch by species, catch quota, conservation of fish stocks, fishing controls, sea fish, sea fishing




C_2016346EN.01012001.xml










21.9.2016   


EN


Official Journal of the European Union


C 346/120





P8_TA(2015)0104
Multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks ***I
Amendments adopted by the European Parliament on 28 April 2015 on the proposal for a regulation of the European Parliament and of the Council establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (COM(2014)0614 — C8-0174/2014 — 2014/0285(COD)) (1)

(Ordinary legislative procedure: first reading)
(2016/C 346/27)

Amendment 1


Proposal for a regulation


Recital 1








Text proposed by the Commission




Amendment











(1)


The United Nations Convention of 10 December 1982 on the Law of the Sea (16), to which the Union is a contracting party, provides for conservation obligations, including the maintaining or restoring populations of harvested species at levels which can produce the maximum sustainable yield.












(1)


The United Nations Convention of 10 December 1982 on the Law of the Sea (16), to which the Union is a contracting party, provides for conservation obligations, including the maintaining or restoring populations of harvested species at levels which can produce the maximum sustainable yield
, as qualified by relevant environmental and economic factors
.









Amendment 2


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


Regulation (EU) No 1380/2013 of the European Parliament and of the Council establishes the rules of the common fisheries policy (‘CFP’) in line with the international obligations of the Union. The objectives of the CFP are, amongst others, to ensure that fishing and aquaculture are 
environmentally
 sustainable in the long-term, 
to apply
 the precautionary approach 
to fisheries management,
 and 
to implement
 the ecosystem-based approach to fisheries management.












(4)


Regulation (EU) No 1380/2013 of the European Parliament and of the Council establishes the rules of the common fisheries policy (‘CFP’) in line with the international obligations of the Union. The objectives of the CFP are, amongst others, to ensure that fishing and aquaculture are sustainable 
from a socio-economic and environmental point of view
 in the long term, 
in keeping with a balanced application of
 the precautionary approach and 
of
 the ecosystem-based approach to fisheries management.









Amendment 3


Proposal for a regulation


Recital 7 a (new)








Text proposed by the Commission




Amendment





 










(7a)






The multi-species management plan established by this Regulation requires greater account to be taken of the different ecological roles and functions of the species covered by the plan. Since the various species interact to a great extent, catches cannot be sustainably maximised for all species simultaneously and decisions are needed about which species should be prioritised.











Amendment 4


Proposal for a regulation


Recital 7 b (new)








Text proposed by the Commission




Amendment





 










(7b)






The Council and the European Parliament should take into account the latest recommendations and reports from ICES as regards maximum sustainable yield to ensure that this Regulation is as up-to-date as possible.











Amendment 5


Proposal for a regulation


Recital 7 c (new)








Text proposed by the Commission




Amendment





 










(7c)






In accordance with Directive 2008/56/EC of the European Parliament and of the Council

 (1bis)

(hereinafter the ‘Marine Strategy Framework Directive’), natural size and age distributions of commercial fish stocks are important indicators for achieving good ecological status of the marine environment.











Amendment 6


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment











(8)




It is appropriate
 to establish a multi-species fisheries plan taking into account the dynamics between the stocks of cod, herring and sprat, and also considering the by-catch species of the fisheries for these stocks, namely the Baltic stocks of plaice, brill, flounder and turbot. The objective of this plan should be to 
aim at achieving and maintaining maximum
 sustainable yields for the stocks concerned.












(8)




The ultimate goal is
 to establish a multi-species fisheries plan taking into account the dynamics between the stocks of cod, herring and sprat, and also considering the by-catch species of the fisheries for these stocks, namely the Baltic stocks of plaice, brill, flounder and turbot. The objective of this plan should be to 
re-establish, achieve and maintain populations of the species concerned above the levels that are capable of producing
 sustainable yields for the stocks concerned
, minimising as far as possible the impact on other species, such as seabirds, and on the wider marine environment, in accordance with Article 2(2) of Regulation (EU) No 1380/2013.











Amendment 7


Proposal for a regulation


Recital 9








Text proposed by the Commission




Amendment











(9)


The exploitation of cod and pelagic stocks should not jeopardise the sustainability of the stocks taken as by-catches in these fisheries, namely the Baltic stocks of plaice, brill, flounder and turbot. Therefore, the plan should also aim at ensuring the conservation of these by-catch stocks above biomass levels corresponding to precautionary approach.












(9)


The exploitation of cod and pelagic stocks should not jeopardise the sustainability of the stocks taken as by-catches in these fisheries, namely the Baltic stocks of plaice, brill, flounder and turbot. Therefore, the plan should also aim at ensuring the conservation of these by-catch stocks above biomass levels corresponding to 
a
 precautionary 
and ecosystem-based
 approach 
to fisheries management, capable of producing maximum sustainable yield
.









Amendment 8


Proposal for a regulation


Recital 9 a (new)








Text proposed by the Commission




Amendment





 










(9a)






Regulation (EU) No 1380/2013 further aims to gradually eliminate discards, taking into account the best scientific advice, by avoiding and reducing unwanted catches. This aim can be achieved by improving the selectivity of fishing gears and practices.











Amendment 9


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


Article 16(4) of Regulation (EU) No 1380/2013 requires that fishing opportunities be fixed in accordance with the targets set out in the multiannual plans.












(11)


Article 16(4) of Regulation (EU) No 1380/2013 requires that fishing opportunities be fixed in accordance with the targets set out in the multiannual plans. 
The levels to be achieved in terms of mortality by fishery and biomass ought to take account of the most up-to-date scientific advice.











Amendment 10


Proposal for a regulation


Recital 12








Text proposed by the Commission




Amendment











(12)


These targets should therefore be established and expressed in terms of fishing mortality rates, based on scientific advice (19).












(12)


These targets should therefore be established and expressed in terms of fishing mortality rates, based on scientific advice (19)

, that restore and maintain populations of harvested species above levels which can produce maximum sustainable yield. The maximum sustainable yield exploitation rate should be the upper limit for exploitation
.









Amendment 11


Proposal for a regulation


Recital 13








Text proposed by the Commission




Amendment











(13)


It is necessary to establish conservation reference points to allow for additional precaution when a stock size is reduced to certain critical level posing serious risk. Such conservation reference points should be determined at levels of 
minimum spawning
 biomass of a stock 
that is consistent with full reproductive capacity
. Remedial measures should be envisaged in case the stock size falls below 
minimum spawning biomass
.












(13)


It is necessary to establish conservation reference points to allow for additional precaution
s
 when a stock size is reduced to certain critical level posing serious risk. Such conservation reference points should be determined at levels of biomass 
corresponding to maximum sustainable yield (BMSY)
 of a stock. Remedial measures should be envisaged in 
order to prevent
 the stock size 
from falling
 below 
that level
.









Amendment 12


Proposal for a regulation


Recital 14








Text proposed by the Commission




Amendment











(14)


In the case of stocks taken as by-catches, in the absence of scientific advice on such levels of minimum spawning biomass, specific conservation measures should be adopted when scientific advice states that a stock is under threat.












(14)


In the case of stocks taken as by-catches, in the absence of scientific advice on such levels of minimum spawning biomass, specific conservation measures should be adopted when 
other indicators make it possible to give
 scientific advice 
that
 states that a stock is under threat. 
The scientific data on spawning biomass levels for by-catches must be speedily made available so that the necessary measures can be taken.











Amendment 13


Proposal for a regulation


Recital 16








Text proposed by the Commission




Amendment











(16)


In order to comply with the landing obligation established by Article 15(1) of Regulation (EU) No 1380/2013, the plan should provide for other management measures as set out under points (a) to (c) of Article 15(4) of that Regulation. Such measures should be laid down by way of delegated acts.












(16)


In order to comply with the landing obligation established by Article 15(1) of Regulation (EU) No 1380/2013, the plan should provide for other management measures as set out under points (a) to (c) of Article 15(4) of that Regulation. Such measures should be laid down by way of delegated acts 
after consultation with the advisory councils concerned
.









Amendment 14


Proposal for a regulation


Recital 16 a (new)








Text proposed by the Commission




Amendment





 










(16a)






The Commission should take account of the opinion of the advisory councils concerned when adopting delegated acts to comply with the landing obligation laid down by Article 15(1) of Regulation (EU) No 1380/2013, so as to provide for other management measures as set out under points (a) to (c) of Article 15(4) of that Regulation.











Amendment 15


Proposal for a regulation


Recital 17








Text proposed by the Commission




Amendment











(17)


The plan should also provide for certain accompanying technical measures to be adopted, by way of delegated acts, in order to contribute to the achievement of the objectives of the plan, in particular as regards the protection of juveniles or spawning fish. Pending the revision of Council Regulation (EC) No 2187/2005 (20), it should also be envisaged that such measures may, where necessary for the achievement of the objectives of the plan, derogate from certain non-essential elements of that Regulation.












(17)


The plan should also provide for certain accompanying technical measures to be adopted, by way of delegated acts 
after consultation with the advisory councils concerned
, in order to contribute to the achievement of the objectives of the plan, in particular as regards the protection of juveniles or spawning fish. Pending the revision of Council Regulation (EC) No 2187/2005 (20), it should also be envisaged that such measures may, where necessary for the achievement of the objectives of the plan, derogate from certain non-essential elements of that Regulation.









Amendment 16


Proposal for a regulation


Recital 17 a (new)








Text proposed by the Commission




Amendment





 










(17a)






The Commission should take account of the opinion of the advisory councils concerned when adopting certain accompanying technical measures to help achieve the plan’s objectives.











Amendment 17


Proposal for a regulation


Recital 18








Text proposed by the Commission




Amendment











(18)


In order to adapt to 
the
 technical and scientific progress in a timely and proportionate fashion and to ensure flexibility and allow evolution of certain measures, 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 supplementing this Regulation as regards remedial measures concerning plaice, flounder, turbot and brill, implementation of the landing obligation and technical measures. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at 
experts
 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.












(18)


In order to adapt to technical and scientific progress in a timely and proportionate fashion and to ensure flexibility and allow evolution of certain measures, 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 supplementing this Regulation as regards remedial measures concerning plaice, flounder, turbot and brill, implementation of the landing obligation and technical measures. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at 
the
 level 
of experts and specialist bodies in the Member States and the Union, involving both the European Parliament and the Council experts. Intensive debate with the stakeholders affected should be undertaken before a proposal for a specific measure is finalised.
 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.









Amendment 18


Proposal for a regulation


Recital 18 a (new)








Text proposed by the Commission




Amendment





 










(18a)






The Commission should take account of the opinion of the advisory councils concerned when adopting delegated acts to extend the scope of this Regulation with regard to remedial measures for plaice, flounder, turbot and brill, implementation of the landing obligation and technical measures.











Amendment 19


Proposal for a regulation


Recital 18 b (new)








Text proposed by the Commission




Amendment





 










(18b)






When implementing the plan established by this Regulation, priority should be given to the application of the principle of regionalisation as established in Article 18 of Regulation (EU) No 1380/2013.











Amendment 20


Proposal for a regulation


Recital 19








Text proposed by the Commission




Amendment











(19)


In accordance with Article 18 of Regulation (EU) No 1380/2013, where the Commission has been granted powers to adopt delegated acts in respect of certain conservation measures as set out in the plan, Member States having a direct management interest in the Baltic Sea fisheries should have the possibility to submit joint recommendations for such measures, so that these measures are well designed to correspond to the particularities of the Baltic Sea and its fisheries. The deadline for submitting these recommendations should be established, as required by Article 18(1) of that Regulation.












(19)


In accordance with Article 18 of Regulation (EU) No 1380/2013, where the Commission has been granted powers to adopt delegated acts in respect of certain conservation measures as set out in the plan, Member States 
and the advisory councils
 having a direct management interest in the Baltic Sea fisheries should have the possibility to submit joint recommendations for such measures, so that these measures are well designed to correspond to the particularities of the Baltic Sea and its fisheries. The deadline for submitting these recommendations should be established, as required by Article 18(1) of that Regulation.









Amendment 21


Proposal for a regulation


Recital 19 a (new)








Text proposed by the Commission




Amendment





 










(19a)






To enhance the effectiveness and innovational aspects of the plan, joint recommendations and subsequent delegated acts should aim to ensure the inclusion of bottom-up and results-based approaches.











Amendment 22


Proposal for a regulation


Recital 19 b (new)








Text proposed by the Commission




Amendment





 










(19b)






The Commission should take account of the opinion of the advisory councils concerned when adopting delegated acts regarding certain conservation measures provided for in the plan.











Amendment 23


Proposal for a regulation


Recital 22 a (new)








Text proposed by the Commission




Amendment





 










(22a)






Rules should be laid down to ensure that financial support under Regulation (EU) No 508/2014 of the European Parliament and of the Council

 (1bis)

can be provided in the event of temporary cessation of fisheries.











Amendment 50


Proposal for a regulation


Recital 25








Text proposed by the Commission




Amendment











(25)


As regards the time-frame, 
it is expected that for
 the stocks concerned 
maximum sustainable yield
 should be 
reached
 by 2015
. It
 should be maintained from 
there
 on.












(25)


As regards the time-frame, the stocks concerned 
should achieve the target by 2015 where possible. Achieving exploitation rates by a later date
 should be 
allowed only if achieving them
 by 2015 
would seriously jeopardise the social and economic sustainability of the fishing fleets involved. After 2015, those rates should be achieved as soon as possible, and in any event by no later than 2020. The target
 should be maintained from 
those dates
 on.









Amendment 25


Proposal for a regulation


Recital 26








Text proposed by the Commission




Amendment













(26)






In the absence of fishing effort regime it is necessary to delete the specific rules on special fishing permit and replacement of vessels or engines applicable to the Gulf of Riga. Accordingly, Council Regulation (EC) No 2187/2005 should be amended.










deleted







Amendment 26


Proposal for a regulation


Article 1 — paragraph 2








Text proposed by the Commission




Amendment





2.   
The plan shall
 also 
apply to
 plaice, flounder, turbot and brill in ICES Subdivisions 22-32 
caught
 when fishing for 
the
 stocks 
concerned
.


2.   
This Regulation
 also 
provides for measures in respect of by-catches of
 plaice, flounder, turbot and brill in ICES Subdivisions 22-32 
to be applied
 when fishing for stocks 
referred to in paragraph 1
.





Amendment 27


Proposal for a regulation


Article 2 — points b and c








Text proposed by the Commission




Amendment











(b)


‘trapnet’ means 
large
 nets, anchored, fixed on stakes or occasionally floating, 
open at the surface
 and provided with various types of fish herding and retaining devices, and which are generally divided into chambers closed at the bottom by netting;












(b)


‘trapnet
, fyke-net and pound net
’ means nets, anchored, fixed on stakes or 
occasionally floating
 and provided with various types of fish herding and retaining devices, and which are generally divided into chambers closed at the bottom by netting;














(c)


‘pots and creels’
mean small
 traps designed to catch crustaceans or fish in the form of cages or baskets made with various materials that are set on the seabed either singly or in rows; connected by ropes (buoy-lines) to buoys on the surface showing their position and having one or more openings or entrances;












(c)


‘pots and creels’
means
 traps designed to catch crustaceans or fish in the form of cages or baskets made with various materials that are set on the seabed either singly or in rows; connected by ropes (buoy-lines) to buoys on the surface showing their position and having one or more openings or entrances;









Amendments 63, 28 and 56


Proposal for a regulation


Article 3








Text proposed by the Commission




Amendment





1.   The plan shall 
aim at contributing to
 the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013 and in particular:


1.   The plan shall 
ensure the achievement of
 the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013, and 
of the Marine Strategy Framework Directive (MSFD) No 2008/56/EC,
 in particular:










(a)




achieving
 and maintaining maximum sustainable yield for the stocks concerned, and












(a)




restoring
 and maintaining the stocks concerned 
above biomass levels that can produce
 maximum sustainable yield, and














(b)


ensuring the conservation of the stocks of plaice, brill, flounder and turbot 
in line with the precautionary approach.














(b)


ensuring the conservation of the stocks of plaice, brill, flounder and turbot 
above levels capable of producing the maximum sustainable yield.










2.   The plan shall 
aim at contributing
 to the implementation of the landing obligation established in Article 15(1) of Regulation (EU) No 1380/2013 for the stocks concerned and for plaice.


2.   The plan shall 
contribute to the elimination of discards, taking into account the best available scientific advice, by avoiding and reducing unwanted catches, and
 to the implementation of the landing obligation established in Article 15(1) of Regulation (EU) No 1380/2013 for the stocks concerned and for plaice.





Amendment 29


Proposal for a regulation


Article 3 a (new)








Text proposed by the Commission




Amendment





 




Article 3a






 




Coherence with Union environmental legislation






 




1.
   
The plan shall apply the ecosystem-based approach to fisheries management.






 




2.
   
In order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised and that fisheries activities avoid the degradation of the marine environment, the plan shall be coherent with, and shall contribute to achievement of the objectives of, the Marine Strategy Framework Directive so as to achieve good environmental status by 2020. In particular, it shall:






 










(a)






aim to ensure that the conditions described in descriptor 3 contained in Annex I to that Directive are fulfilled;










 










(b)






aim to contribute to the fulfilment of descriptors 1, 4 and 6 contained in Annex I to that Directive in proportion to the role played by fisheries in their fulfilment.











Amendment 30


Proposal for a regulation


Article 4 — paragraph 1










Text proposed by the Commission




Amendment





1.   The target fishing mortality shall be 
reached
 by 2015 and maintained 
onwards
 for the stocks concerned within the following ranges:


1.   The target fishing mortality shall 
take into account the most recent scientific advice and shall, where possible,
 be 
achieved
 by 2015 
and, on a progressive, incremental basis, by 2020 at the latest,
 and 
shall be
 maintained 
thereafter for the stocks concerned. The fishing mortality
 for the stocks concerned 
shall be set
 within the following ranges:




Stock


Target fishing mortality range


Stock


Target fishing mortality range




Western Baltic Cod




0,23 -0,29 




Western Baltic Cod




0 to FMSY






Eastern Baltic Cod




0,41 -0,51 




Eastern Baltic Cod




0 to FMSY






Central Baltic herring




0,23 -0,29 




Central Baltic herring




0 to FMSY






Gulf of Riga herring




0,32 -0,39 




Gulf of Riga herring




0 to FMSY






Bothnian Sea herring




0,13 -0,17 




Bothnian Sea herring




0 to FMSY






Bothnian Bay herring




Not defined




Bothnian Bay herring




0 to FMSY






Western Baltic herring




0,25 -0,31 




Western Baltic herring




0 to FMSY






Baltic Sprat




0,26 -0,32 




Baltic Sprat




0 to FMSY






 




Values for FMSY (fishing mortality consistent with achieving maximum sustainable yield) shall be taken from the latest reliable scientific advice available and Fishing mortality (F) should aim at 0,8  x FMSY.







Amendment 58


Proposal for a regulation


Article 4 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




2a.
   
Fishing opportunities shall be set in such a way as to ensure that there is less than a 5 % probability that they are in excess of the F-MSY values shown in the table set out in paragraph 1.







Amendment 31


Proposal for a regulation


Article 4 — paragraph 2 b (new)








Text proposed by the Commission




Amendment





 




2b.
   
This Regulation shall provide for the temporary cessation of fishing activities as defined in Article 33 of Regulation (EU) No 508/2014, with financial support being provided under that Regulation.







Amendment 32


Proposal for a regulation


Article 5 — paragraph 1










Text proposed by the Commission




Amendment





1.   The conservation reference points 
expressed in minimum spawning biomass level that is
 consistent with full reproductive capacity shall be for the stocks concerned as follows:


1.   The conservation reference points 
that are
 consistent with full reproductive capacity shall be, for the stocks concerned, as follows:




Stock


Minimum spawning biomass level (in tonnes)


Stock


Minimum spawning biomass level (in tonnes)




Western Baltic cod


36 400 


Western Baltic cod


36 400 
for 2015 and BMSY for the remaining years






Eastern Baltic cod


88 200 


Eastern Baltic cod


88 200 
for 2015 and BMSY for the remaining years






Central Baltic herring


600 000 


Central Baltic herring


600 000 
for 2015 and BMSY for the remaining years






Gulf of Riga herring


Not defined


Gulf of Riga herring


Not defined 
for 2015 and BMSY for the remaining years






Bothnian Sea herring


Not defined


Bothnian Sea herring


Not defined 
for 2015 and BMSY for the remaining years






Bothnian Bay herring


Not defined


Bothnian Bay herring


Not defined 
for 2015 and BMSY for the remaining years






Western Baltic herring


110 000 


Western Baltic herring


110 000 
for 2015 and BMSY for the remaining years






Baltic sprat


570 000 


Baltic sprat


570 000 
for 2015 and BMSY for the remaining years







Amendment 33


Proposal for a regulation


Article 5 — paragraph 2








Text proposed by the Commission




Amendment





2.   When the spawning biomass of any of the stocks concerned for a certain year is below the minimum spawning biomass levels set out in paragraph 1, appropriate remedial measures shall be adopted to ensure 
rapid return of the stock
 concerned to 
precautionary levels
. In particular, by way of derogation from Article 4(
2
) of this Regulation and in accordance with Article 16(4) of Regulation (EU) No 1380/2013 fishing opportunities shall be set at levels lower than those resulting in target fishing mortality ranges laid down in Article 4(1). These remedial measures may also include, as appropriate, the submission of legislative proposals by the Commission and emergency measures adopted by the Commission under Article 12 of Regulation (EU) No 1380/2013.


2.   When the spawning biomass of any of the stocks concerned for a certain year is below the minimum spawning biomass levels set out in paragraph 1, appropriate remedial measures shall be adopted to ensure 
that the stocks
 concerned 
return
 to 
levels above those capable of producing maximum sustainable yield (MSY) as soon as possible.
 In particular, by way of derogation from Article 4(2) of this Regulation and in accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities shall be set at levels lower than those resulting in target fishing mortality ranges laid down in Article 4(1) 
of this Regulation
. These remedial measures may also include, as appropriate, the submission of legislative proposals by the Commission and emergency measures adopted by the Commission under Article 12 of Regulation (EU) No 1380/2013.





Amendment 59


Proposal for a regulation


Article 5 — paragraph 2 a (new)









Text proposed by the Commission




Amendment





 




2a.
   
When the biomass of any of the stocks concerned for a certain year falls below the levels set out in the table below, appropriate measures shall be taken to halt targeted fishing for the relevant stock:






 




Stock






Limit biomass level (in tonnes)






 




Western Baltic cod






26 000 






 




Eastern Baltic cod






63 000 






 




Central Baltic herring






430 000 






 




Gulf of Riga herring






Not defined






 




Bothnian Sea herring






Not defined






 




Bothnian Bay herring






Not defined






 




Western Baltic herring






90 000 






 




Baltic sprat






410 000 







Amendment 34


Proposal for a regulation


Article 6








Text proposed by the Commission




Amendment





Article 6


Article 6




Measures 
in case of threat to
 plaice, flounder, turbot and brill




Technical conservation
 measures 
for
 plaice, flounder, turbot and brill




1.   When scientific advice 
states that the conservation of any of
 the Baltic stocks of plaice, flounder, turbot or brill 
is under threat
, the Commission shall be empowered to adopt delegated acts in accordance with Article 15 on specific conservation measures 
concerning the stock under threat
 and regarding 
any of
 the following:


1.   When scientific advice 
indicates that remedial measures are needed to ensure that
 the Baltic stocks of plaice, flounder, turbot or brill 
are managed in accordance with the precautionary approach
, the Commission shall be empowered to adopt delegated acts in accordance with Article 15 on specific conservation measures 
for by-catches of plaice, flounder, turbot and brill
 and regarding the following 
technical measures
:












(c)




(a) adaptation of fishing capacity and fishing effort;












(a)


adaptation of fishing capacity and fishing effort;
















(d)(b)






technical measures, including








 












(1)




characteristics of fishing gear, in particular mesh size, twine thickness, size of the gear);














(b)




characteristics of fishing gear, in particular mesh size, twine thickness, size of the gear;
















(2)




use of the fishing gear, in particular immersion time, depth of gear deployment);














(c)




use of the fishing gear, in particular immersion time 
and
 depth of gear deployment;
















(3)




prohibition or limitation to fish in specific areas;














(d)




prohibition or limitation to fish in specific areas;
















(4)




prohibition or limitation to fish during specific time periods;














(e)




prohibition or limitation to fish during specific time periods;
















(5)




minimum conservation reference size.














(f)




minimum conservation reference size;








 










(g)






other characteristics linked to selectivity.










2.   The measures referred to in paragraph 1 shall aim at achieving the objective set out in Article 
3(1)(b)
 and be based on scientific advice.


2.   The measures referred to in paragraph 1 shall aim at achieving the objective set out in 
point (b) of
 Article 
3(1)
 and 
coherence with Union environmental legislation as set out in Article 3a,
 and 
shall
 be based on 
the best available
 scientific advice.




3.   The Member States concerned may submit joint recommendations in accordance with Article 18(1) of Regulation (EU) No 1380/2013 for specific conservation measures as referred to in paragraph 1.


3.   The Member States concerned may submit joint recommendations in accordance with Article 18(1) of Regulation (EU) No 1380/2013 for specific conservation measures as referred to in paragraph 1.




 




3a.
   
Before adopting a delegated act, the Commission shall consult the European Parliament and the advisory committees concerned.






 




3b.
   
The Commission shall, in consultation with the Member States concerned, analyse the impact of the delegated acts referred to in paragraph 1 one year after their adoption, and every year thereafter. If such analysis shows that a delegated act is not adequate to deal with the current situation, the Member States concerned may submit a joint recommendation in accordance with Article 18(1) of Regulation (EU) No 1380/2013.







Amendment 35


Proposal for a regulation


Article 7








Text proposed by the Commission




Amendment





By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013 the landing obligation shall not apply to 
the stocks concerned and plaice
 when fishing with the following gears: trapnets, pots and creels.


By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the landing obligation shall not apply to 
cod
 when fishing with the following gears: trapnets, pots and creels
, fyke-nets and pound nets
.





Amendment 36


Proposal for a regulation


Article 9 — paragraph 2








Text proposed by the Commission




Amendment





2.   The measures referred to in paragraph 1 shall aim at achieving the objectives set out in Article 3 and in particular the protection of juveniles or spawning fish.


2.   The measures referred to in paragraph 1 shall aim at achieving the objectives set out in Article 3, in particular the protection of juveniles or spawning fish
, as well as coherence with Union environmental legislation as set out in Article 3a, and ensuring that negative impacts of fishing activities on the marine ecosystem are minimised.







Amendment 37


Proposal for a regulation


Article 9 — paragraph 3 — point a








Text proposed by the Commission




Amendment











(a)


specifications of target species 
and
 mesh sizes laid down in Annexes II 
and
 III referred to in Articles 3 
and
 4 of Regulation 
(EC) No 2187/2005
;












(a)


specifications of target species, mesh sizes 
and minimum conservation reference sizes
 laid down in Annexes II, III 
and IV to Regulation (EC) No 2187/2005 and
 referred to in Articles 3, 4 
and 14(1)
 of 
that
 Regulation;









Amendment 38


Proposal for a regulation


Article 9 — paragraph 3 — point f








Text proposed by the Commission




Amendment













(f)






the trawling prohibition for the Gulf of Riga laid down in Article 22 thereof.










deleted







Amendment 39


Proposal for a regulation


Article 9 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 




4a.
   
Moreover, the Commission shall endeavour to take account of the most recent scientific studies, including ICES studies, before adopting technical measures.







Amendment 40


Proposal for a regulation


Article 9 — paragraph 4 b (new)








Text proposed by the Commission




Amendment





 




4b.
   
During the cod spawning season, pelagic fishing using stationary gear with a mesh size of less than 110 mm, or 120 mm in the case of outrigger gear, shall be prohibited.







Amendment 41


Proposal for a regulation


Chapter VI a (new)








Text proposed by the Commission




Amendment





 




CHAPTER VIa






 




SPECIFIC MEASURES






 




Article 9a






 




Specific measures






 




1.
   
Any fishing activity shall be prohibited from 1 May to 31 October within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:






 










(a)






Area 1:










 








 








—




55o 45′ N, 15o 30′ E














 








 








—




55o 45′ N, 16o 30′ E














 








 








—




55o 00′ N, 16o 30′ E














 








 








—




55o 00′ N, 16o 00′ E














 








 








—




55o 15′ N, 16o 00′ E














 








 








—




55o 15′ N, 15o 30′ E














 








 








—




55o 45′ N, 15o 30′ E














 










(b)






Area 2:










 








 








—




55o 00′ N, 19o 14′ E














 








 








—




54o 48′ N, 19o 20′ E














 








 








—




54o 45′ N, 19o 19′ E














 








 








—




54o 45′ N, 18o 55′ E














 








 








—




55o 00′ N, 19o 14′ E














 










(c)






Area 3:










 








 








—




56o 13′ N, 18o 27′ E














 








 








—




56o 13′ N, 19o 31′ E














 








 








—




55o 59′ N, 19o 13′ E














 








 








—




56o 03′ N, 19o 06′ E














 








 








—




56o 00′ N, 18o 51′ E














 








 








—




55o 47′ N, 18o 57′ E














 








 








—




55o 30′ N, 18o 34′ E














 








 








—




56o 13′ N, 18o 27′ E.














 




2.
   
All Union vessels of an overall length equal to or greater than eight metres carrying on board or using any gears for cod fishing in the Baltic Sea in accordance with Article 3 of Regulation (EC) No 2187/2005 shall hold a special permit for fishing for cod in the Baltic Sea.






 




3.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 15 to amend this Article, where necessary for the achievement of the objectives referred to in Article 3, and in particular the protection of juveniles or spawning fish.







Amendment 42


Proposal for a regulation


Article 10








Text proposed by the Commission




Amendment





Article 10


Article 10




Regional cooperation


Regional cooperation




1.   Article 18 (1) to (6) of Regulation (EU) No 1380/2013 shall apply to the measures 
under this Chapter.




1.   Article 18 (1) to (6) of Regulation (EU) No 1380/2013 shall apply to the measures 
referred to in Articles 6, 8 and 9 of this Regulation
.




2.   Member States concerned may submit joint recommendations 
in accordance with Article 18(1) of Regulation (EU) No 1380/2013 within the following deadlines:




2.   Member States concerned may
, after having consulted the regional advisory councils,
 submit 
any
 joint recommendations 
referred to in Articles 6(3), 8(3) and 9(4) for the first time not later than 12 months after the entry into force of this Regulation, and thereafter 12 months after each submission of the evaluation of the plan in accordance with Article 14, but not later than 1 September for measures concerning the Member States. They may also submit such recommendations in the event of any abrupt change in the situation for any of the stocks covered by the plan, if the measures recommended are deemed necessary or justified by scientific advice
.












a)






for the measures set out in Article 6(1) and concerning a given calendar year, not later than 1 September of the previous year;








 












b)






for the measures set out in Articles 8(1) and 9(1), for the first time not later than six months after the entry into force of this Regulation and thereafter six months after each submission the evaluation of the plan in accordance with Article 14
.






 




 




2a.
   
The advisory councils concerned may also submit recommendations in accordance with the timetable set out in paragraph 2.






 




2b.
   
Any deviations by the Commission from the joint recommendations shall be presented to the European Parliament and to the Council and shall be capable of being scrutinised.







Amendment 43


Proposal for a regulation


Article 12








Text proposed by the Commission




Amendment





Article 12


Article 12




Prior notifications


Prior notifications




1.   By way of derogation from Article 17(1) of Regulation (EC) No 1224/2009, the prior notification obligation laid down in that Article shall apply to masters of Union fishing vessels of eight metres overall length or more retaining on board at least 300 
kg
 of cod 
or
 two 
tons
 of pelagic stocks.


1.   By way of derogation from Article 17(1) of Regulation (EC) No 1224/2009, the prior notification obligation laid down in that Article shall apply:




 










(a)






in relation to fishing vessels targeting cod,
 to masters of Union fishing vessels of eight metres overall length or more retaining on board at least 300 
kilograms
 of cod;








 










(b)






in relation to fishing vessels targeting herring and/or sprat, to masters of Union fishing vessels of eight metres overall length or more retaining on board at least
 two 
tonnes
 of pelagic stocks.








2.   By way of derogation from Article 17(1) of Regulation (EC) No 1224/2009, the 
advance
 notification period laid down in that Article shall be 
of
 at least one hour before the estimated time of arrival at port.


2.   By way of derogation from Article 17(1) of Regulation (EC) No 1224/2009, the 
prior
 notification period laid down in that Article shall be at least one hour before the estimated time of arrival at port. 
The competent authorities of the coastal Member States may, on a case-by-case basis, permit an earlier entry into port, provided that the necessary conditions for the appropriate control measures are to hand.







Amendment 45


Proposal for a regulation


Article 13 — point b








Text proposed by the Commission




Amendment











(b)




5
 tonnes of pelagic stocks.












(b)




2
 tonnes of pelagic stocks.









Amendment 46


Proposal for a regulation


Article 14








Text proposed by the Commission




Amendment





Article 14


Article 14




Evaluation of the plan


Evaluation of the plan




The Commission shall 
ensure an evaluation of
 the impact of this plan on the stocks covered by this Regulation and on the fisheries exploiting those stocks, in particular 
to take account of changes in scientific advice, six years after the entry into force of the plan and, thereafter, every six years.
 The Commission shall submit the results of 
these
 evaluations to the European Parliament and Council.




Three years after the entry into force of this Regulation, and every five years thereafter,
 the Commission shall 
evaluate
 the impact of this 
multiannual
 plan on the stocks covered by this Regulation and on the fisheries exploiting those stocks, in particular 
as regards the progress achieved towards restoring and maintaining fish stocks above levels capable of producing maximum sustainable yield.
 The Commission shall submit the results of 
that evaluation
 to the European Parliament and 
the
 Council 
and may, where appropriate and taking into account the most recent scientific advice, propose adaptations to the multiannual plan or initiate modifications to the delegated acts
.





Amendment 47


Proposal for a regulation


Chapter IX a (new)








Text proposed by the Commission




Amendment





 




CHAPTER IXa






 




SUPPORT FROM THE EUROPEAN MARITIME AND FISHERIES FUND






 




Article 14a






 




Support from the European Maritime and Fisheries Fund






 




For the purposes of point (c) of Article 33(1) of Regulation (EU) No 508/2014, the multi-annual plan provided for by this Regulation shall be regarded as a multi-annual plan pursuant to Articles 9 and 10 of Regulation (EU) No 1380/2013.







Amendment 48


Proposal for a regulation


Article 15 — paragraph 2








Text proposed by the Commission




Amendment





2.   The delegation of power referred to in Articles 6, 8 and 9 shall be conferred on the Commission for 
an indeterminate
 period of 
time from the date of the entry into force of this Regulation
.


2.   The delegation of power referred to in Articles 6, 8 and 9 shall be conferred on the Commission for 
a
 period of 
five years from 1 September 2015. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-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
.





Amendment 49


Proposal for a regulation


Article 16








Text proposed by the Commission




Amendment







Articles 20 and 21 of
 Regulation (EC) No 2187/2005 
are
 deleted.


Regulation (EC) No 2187/2005 
is amended as follows:






 




1.
   
Article 13(3) is
 deleted.




 




2.
   
In Annex IV, in the column headed ‘Minimum size’, the words ‘38 cm’ in respect of the minimum conservation reference size for cod shall be replaced by ‘35 cm’.








(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 61(2), second subparagraph (A8-0128/2015).

(16)  OJ L 179, 23.6.1998, p. 3


(16)  OJ L 179, 23.6.1998, p. 3.

(1bis)  
Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).



(19)  ICES technical services, September 2014 http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2014/Special%20Requests/EU_Fmsy_range_for_Baltic_cod_and_pelagic_stocks.pdf

(19)  ICES technical services, September 2014 http://www.ices.dk/sites/pub/Publication%20Reports/Advice/2014/Special%20Requests/EU_Fmsy_range_for_Baltic_cod_and_pelagic_stocks.pdf

(20)  Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98 (OJ L 349, 31.12.2005, p. 1).

(20)  Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98 (OJ L 349, 31.12.2005, p. 1).

(1bis)  
Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).