Not the law itself: Notice

Address https://gelex.eu/eli/EU/notice/oj/C/2016/65/35@2013-06-11/en

Contents

1. Preamble
2. P7_TC1-COD(2012)0236 Position of the European Parliament adopted at first reading on 11 June 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 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks
   1. Article 1
   2. Article 1
   3. Article 1
   4. Article 1
   5. Article 1
   6. Article 1
   7. Article 2
3. Article 1
4. (1)
   1. Article 4 Calculation of fishing effort
5. (2)
   1. Article 9 Special procedure for setting TACs
6. (4)
   1. Article 11a Exclusion of fishing effort deployed in certain areas, depth or by certain gears
   2. Article 11b Adjustment of the baseline for the calculation of the maximum allowable fishing effort
   3. Article 11c Exclusion of vessels participating in trials of a fully documented fishery
   4. Article 11d Measures on exclusions previously obtained [Am. 15]
7. (5a)
   1. Article 12a
8. (8)
   1. Article 32 Committee procedure

The European Parliament,

having regard to the Commission proposal to Parliament and the Council (COM(2012)0498),

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 (C7-0290/2012),

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 13 December 2012,

having regard to Rule 55 of its Rules of Procedure,

having regard to the report of the Committee on Fisheries (A7-0146/2013),

Adopts its position at first reading hereinafter set out; 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; Instructs its President to forward its position to the Council, the Commission and the national parliaments.

P7_TC1-COD(2012)0236 Position of the European Parliament adopted at first reading on 11 June 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 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks

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,

Whereas:

(1) The scientific evaluation of the performance of Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks carried out by the Scientific, Technical and Economic Committee for Fisheries (STECF) has shown a number of problems with the application of that Regulation.

(2) Member States have used different methodologies to calculate effort during the reference years and to calculate reported effort consumption within the plan. This has allowed a higher level of deployed effort than intended by the plan, which should therefore be rectified by standardising the methodologies used by the Member States to calculate effort. [Am. 1]

(3) The lack of analytical assessments in some geographical areas precludes the application of the harvest control rules, resulting in an automatic 25 % annual reduction of total allowable catches (TAC) and effort. Since the implementation of the plan, fishing-effort allocations for the areas concerned have been reduced significantly. The scientific evaluation carried out by the STECF suggests that in some cases it would be more appropriate to use metrics other than fishing mortality for setting the TAC, rather than automatic TAC and effort reductions.

(3a) Maintaining fishing mortality rates at a sustainable level, based on scientific advice, should allow fish stocks to recover. Member States should give priority to the development and promotion of measures and incentives that aim to avoid unwanted catches. Financial support should be provided for the use of selective gear measures. [Am. 2]

(4) The plan foresees scope to exclude vessels whose activities do not contribute significantly to cod mortality. To avoid that the effort associated with those activities is redirected to cod-fishing activity, the baseline effort has to be decreased. To avoid the administrative burden of constant recalculations of the baseline effort each time it is decided to exclude certain activities, it is desirable to establish clear criteria for exclusion, so that the baseline effort levels can be fixed definitively.

(5) In order to facilitate more selective fishing activities in the fully documented fisheries where all catches are counted against quota, it is appropriate to exempt the vessels, when participating in those trials, from the fishing effort regime.

(6) Allocations of the maximum allowable fishing effort have been significantly reduced for the main cod catching gears since the entry into force of the plan. This may have a significant economic and social impact on the fleet segments that use the same gears but which fish principally for species other than cod. To address those social and economic issues a mechanism to suspend further fishing effort adjustments should be introduced.

(7) As a certain language version of Article 13(2)(b) reads differently from the other versions, it is necessary to amend the text of that provision in order to ensure its uniform application.

(8) Given the high levels of cod discards that have been observed during the period of implementation of the plan, it is necessary that Member States take appropriate action to minimise and, where possible, eliminate discards, inter alia by allocating their fishing opportunities amongst vessels in such a way as to match quotas to expected catches to the greatest degree possible. [Am. 3]

(9) The derogations from the plan provided for by Articles 11 and 13 represent a risk for the success of the plan if they are not properly implemented. An assessment of the implementation of those derogations revealed the need to strengthen the monitoring, control and full documentation requirements which justify them. Considering that the Union fisheries control framework is risk based, a specific very high level of risk should be assigned to activities under derogations.

(10) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy repealed a number of Articles of Regulation (EC) No 1342/2008 that referred to Annexes II and III. Since there are no other references to Annexes II and III in Regulation (EC) No 1342/2008, those Annexes should be deleted.

(11) Regulation (EC) No 1342/2008 should be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1342/2008 is amended as follows:

(1) Article 4 is replaced by the following:

Article 1

(1)

Article 4 Calculation of fishing effort

1. For the purposes of this Regulation, the fishing effort deployed by a group of vessels shall be calculated as the sum of the products of capacity-values in kW for each vessel and the number of days each vessel has been present within an area set out in Annex I. A day present within an area shall be any continuous period of 24 hours or part thereof during which a vessel either is present within the area and absent from port or, as the case may be, has its fishing gear deployed within the area. [Am. 4]

2. Member States shall calculate days present within an area in accordance with Article 26 of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

Article 1

(1a) In Article 8, the following paragraph is inserted:

5a. Notwithstanding paragraphs 2 to 5, the Council may decide on an alternative TAC level when scientific advice indicates that that level would be more appropriate to meet the objectives of the plan. [Am. 6]

(2) Article 9 is replaced by the following:

Article 1

(2)

Article 9 Special procedure for setting TACs

1. Where there is insufficient information to set the TACs in accordance with Article 7, the TACs for cod stocks in the Kattegat, the west of Scotland and the Irish Sea shall be set at a level indicated by scientific advice. However, if the level indicated by scientific advice is more than 20 % greater than the TACs in the previous year, they shall be set at a level 20 % greater than the TACs in the previous year, or if the level indicated by scientific advice is more than 20 % less than the TACs in the previous year they shall be set at a level 20 % less than the TACs in the previous year.

2. By way of derogation from paragraph 1, where scientific advice indicates that there should be no directed fisheries and that: the Council shall decide not to apply annual adjustments to the TAC in the subsequent year on condition that the TAC set is for by-catch only. [Am. 7]

(i) by-catch should be minimised or reduced to the level advised by STECF or ICES, and/or

(ii) the catches of cod should be reduced to the level advised by STECF or ICES,

3. Where there is insufficient information to set the TACs in accordance with Article 8, the TACs for the cod stock in the North Sea, the Skagerrak and the eastern Channel shall be set by applying mutatis mutandis paragraphs 1 and 2 of this Article, unless consultations with Norway result in agreement on a different level of the TAC.

Article 1

(3) In Article 11, paragraphs 2 and 3 are deleted.

(4) The following articles are inserted:

Article 1

(4)

Article 11a Exclusion of fishing effort deployed in certain areas, depth or by certain gears

1. Fishing effort deployed by a vessel during a trip may be excluded by the Member States for as long as one of the following conditions is met: [Am. 9]

(a) the entire fishing activity of that trip by the vessel concerned is carried out outside cod-distribution areas as listed in accordance with paragraph 2; or

(b) the entire fishing activity of that trip by the vessel concerned is carried out at a depth greater than 300 m; or

(c) during that trip the fishing vessel concerned uses one type of regulated gear on board and that gear is listed in accordance with paragraph 2; if the vessel carries other gear on board during the fishing trip, it shall be stowed in accordance with Article 47 of Regulation (EC) No 1224/2009. [Am. 10]

2. Based on the information provided by Member States pursuant to paragraph 3, and in accordance with scientific advice, the Council shall establish a list of areas outside cod-distribution areas and a list of gears the technical attributes of which result in cod catches of less than 1,5 % of the total catches measured by weight. Once a gear or area, submitted by a Member State, is approved, it shall be possible for other Member States to use it. [Am. 11]

3. Member States shall provide appropriate information to allow the Commission to assess whether an area or a gear shall be on the list of areas and the list of gears referred to in paragraph 2.

4. The Commission may adopt implementing acts laying down detailed rules concerning the format and procedure for the transmission to the Commission of the information referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32.

Article 11b Adjustment of the baseline for the calculation of the maximum allowable fishing effort

1. Fishing effort referred to in Article 11a(1) that contributed to the establishment of the baseline referred to in Article 12(2)(a) shall be deducted from the baseline pursuant to this Article.

2. Requests for the adjustment of the baseline referred to in paragraph 1 shall be submitted by Member States to the Commission by 31 December of each year. [Am. 12]

3. The adjusted baseline shall be used to recalculate the maximum allowable fishing effort level for the effort group concerned by applying the annual percentage adjustments applied since the entry into force of the plan.

4. The exclusion of fishing effort referred to in Article 11a may be applied to the relevant effort group only after the maximum allowable fishing effort has been recalculated in accordance with this Article.

5. The Commission may adopt implementing acts laying down detailed rules concerning the format and procedure for the transmission to the Commission of the requests referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32.

Article 11c Exclusion of vessels participating in trials of a fully documented fishery

1. Fishing effort deployed by a vessel when participating in trials of a fully documented fishery whereby all cod catches including discards are counted against the quota may be excluded by the Member States from the fishing effort regime.

2. When paragraph 1 is applied, Member States shall adjust the maximum allowable fishing effort set pursuant to Article 12(1) for the effort group concerned The Commission shall adopt implementing acts laying down detailed rules concerning the adjustment of the maximum allowable fishing effort referred to in the first sentence. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32. [Am. 13]

3. Member States shall notify to the Commission any adjustment of the maximum allowable fishing effort made pursuant to paragraph 2. The notification shall include details of the vessels excluded and the amount of fishing effort deducted both at aggregated and at vessel level. [Am. 14]

5. The Commission may adopt implementing acts laying down detailed rules concerning the format and procedure for the notification referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32.

Article 11d Measures on exclusions previously obtained [Am. 15]

Exclusions from the fishing effort regime that were already in force prior to … shall continue to apply for as long as the conditions under which those exclusions were granted remain fulfilled. Member States shall provide annually to the Commission any relevant information enabling it to establish that those conditions remain fulfilled. [Am. 16]

Article 1

(5) Article 12 is amended as follows:

(a) Paragraph 4 is replaced by the following: ’ [Am. 17]

‘4. For aggregated effort groups where the percentage cumulative catch calculated according to paragraph 3(d) is equal to or exceeds 20 %, annual adjustments shall apply. The maximum allowable fishing effort of the groups concerned shall be calculated as follows:

(a) where Articles 7 or 8 apply, by applying to the baseline the same percentage adjustment as that set out in those Articles for fishing mortality;

(b) where Article 9 applies, by applying the same percentage adjustment in fishing effort as the adjustment of the TAC compared with the previous year.

(b) The following paragraph is added:

6. By way of derogation from paragraph 4, the Council may, where the maximum allowable fishing effort has been reduced for four consecutive years, decide not to apply an annual adjustment to the maximum allowable fishing effort in the subsequent year or in subsequent years.

(5a) The following article is inserted:

Article 1

(5a)

Article 12a

In order to obtain sustainable fishing mortality rates, based on scientific advice, a gradual elimination of discards shall be implemented. Selective gears and other measures for this purpose shall be introduced by Member States with financial support from the European Maritime and Fisheries Fund. Member States shall consult the relevant Regional Advisory Council as well as ICES and/or STEFC and relevant stakeholders on the measures to be adopted. [Ams 8 and 18]

Article 1

(6) In Article 13(2), point (b) is replaced by the following:

(b) results in a catch composition, including discards, of less than 5 % cod over the management period.

(7) In Article 14 the following paragraphs are added:

5. Where the scientific data indicate that, for a particular gear, large volumes of cod are discarded throughout the management period, the Member State concerned shall take immediate measures to minimise cod discards. [Am. 19]

6. Member States shall establish and include in their national control action programmes, as provided for in Article 46 of Regulation (EC) No 1224/2009, systems to ensure compliance with the conditions referred to in Articles 11a, 11b, 11c and 13. Member States shall assign a very high risk level to vessels operating pursuant to those Articles in their risk-based management as referred to in Article 5 of Regulation (EC) No 1224/2009.

(7a) In Article 16(3), the words in 2009 are deleted. [Am. 20]

(7b) In Article 17, paragraph 4 is replaced by the following:

4. Where the cpue of the donor gear group is lower than the cpue of the receiving gear group, the Member State shall apply a correction factor to the amount of effort in the receiving gear group so that the latter's higher cpue is compensated for. The Member States shall not perform this adjustment where they can demonstrate that the transfer is made with the aim of avoiding cod catches or limiting discards in compliance with Union legislation on the use of fishing gear. [Am. 21]

(8) Article 32 is replaced by the following:

Article 1

(8)

Article 32 Committee procedure

1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 30 of 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 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.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 1

(9) Annexes II and III are deleted.

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

Versions

1. 2013-06-11