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Procedure : 2016/0238(COD)
Document stages in plenary
Document selected : A8-0263/2017

Texts tabled :

A8-0263/2017

Debates :

PV 13/09/2017 - 20
CRE 13/09/2017 - 20
PV 28/05/2018 - 23
CRE 28/05/2018 - 23

Votes :

PV 14/09/2017 - 8.11
CRE 14/09/2017 - 8.11
PV 29/05/2018 - 7.9
CRE 29/05/2018 - 7.9

Texts adopted :

P8_TA(2017)0357
P8_TA(2018)0212

Texts adopted
PDF 537kWORD 71k
Thursday, 14 September 2017 - Strasbourg Final edition
Multi-annual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks ***I
P8_TA(2017)0357A8-0263/2017

Amendments adopted by the European Parliament on 14 September 2017 on the proposal for a regulation of the European Parliament and of the Council on establishing a multi-annual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks and repealing Council Regulation (EC) No 676/2007 and Council Regulation (EC) No 1342/2008 (COM(2016)0493 – C8-0336/2016 – 2016/0238(COD)) (1) (Ordinary legislative procedure: first reading)
Text proposed by the Commission   Amendment
Amendment 2
Proposal for a regulation
Recital 4
(4)  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)  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 to ensure that stocks of harvested species are restored and maintained at levels above those that can produce MSY , and to implement the ecosystem-based approach to fisheries management.
Amendment 3
Proposal for a regulation
Recital 4 a (new)
(4a)  Regarding the exploitation of living marine biological resources, Regulation (EU) No 1380/2013 includes as an explicit goal the restoration and maintenance of populations of harvested species above levels capable of producing MSY. Therefore, in accordance with Article 2(2) thereof, the corresponding exploitation rate is to be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks, and should be maintained thereafter.
Amendment 4
Proposal for a regulation
Recital 5
(5)  For the achievement of the objectives of the CFP, a number of conservation measures are to be adopted as appropriate in any combination thereof, such as multi-annual plans, technical measures, fixing and allocation of fishing opportunities.
(5)  For the achievement of the objectives of the CFP, a number of conservation measures are to be adopted as appropriate in any combination thereof, such as multi-annual plans, technical measures, fixing and allocation of fishing opportunities in full accordance with the best available scientific advice .
Amendment 5
Proposal for a regulation
Recital 6
(6)  Pursuant to Articles 9 and 10 of Regulation (EU) No 1380/2013, multi-annual plans are to be based on scientific, technical and economic advice and contain objectives, quantifiable targets with clear timeframes, conservation reference points and safeguards.
(6)  Pursuant to Articles 9 and 10 of Regulation (EU) No 1380/2013, multi-annual plans are to be based on scientific, technical and economic advice and contain objectives, quantifiable targets with clear timeframes, conservation reference points, objectives and safeguards, goals for stock conservation and technical measures to be taken to achieve the targets for the maximum possible avoidance of and reduction of unwanted catches as set out in Article 15 thereof .
Amendment 6
Proposal for a regulation
Recital 6 a (new)
(6a)   In addition, the Commission may be empowered to establish fish stock recovery areas in a multi-annual plan pursuant to Article 8(3) of Regulation (EU) No 1380/2013.
Amendment 7
Proposal for a regulation
Recital 9 a (new)
(9a)   Some stocks of common interest are also exploited by third countries, which makes it very important that the Union should consult those third countries in order to ensure that the stocks concerned are managed sustainably. In the absence of a formal agreement, the Union should do everything in its power to agree common arrangements for the fishing of those stocks in order to facilitate sustainable management, in which connection equal terms for the Union’s market operators should be secured, enforced and promoted.
Amendment 8
Proposal for a regulation
Recital 10
(10)  The objective of this plan should be to contribute to the achievement of the objectives of the CFP, and especially reaching and maintaining MSY for the stocks concerned , contributing to the implementation of the landing obligation for demersal stocks subject to catch limits and contributing to the implementation of the ecosystem-based approach to fisheries management.
(10)  The objective of this plan should be to contribute to the achievement of the objectives of the CFP, and especially restoring and maintaining fish stocks above levels of biomass capable of producing MSY contributing to the implementation of the landing obligation for demersal stocks subject to catch limits as well as implementation and achievement of the socio-economic aspects of the CFP and contributing to the implementation of the ecosystem-based approach to fisheries management by minimising the negative effects of fishing on the marine ecosystem .
Amendment 9
Proposal for a regulation
Recital 10 a (new)
(10a)   This plan should also contribute to the achievement of good environmental status, as laid down in Directive 2008/56/EC, and to the achievement of favourable conservation status for habitats and species as required by Directive 2009/147/EC of the European Parliament and of the Council 1a and Council Directive 92/43/EEC 1b respectively.
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1a Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
1b Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
Amendment 10
Proposal for a regulation
Recital 11
(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 multi-annual plans.
(11)  Article 16(4) of Regulation (EU) No 1380/2013 requires that fishing opportunities be fixed in accordance with the objectives set out in Article 2(2) of Regulation (EU) No 1380/2013 and comply with the targets, time-frames and margins established in the multi-annual plans.
Amendment 11
Proposal for a regulation
Recital 11 a (new)
(11a)   In accordance with Article 33(1) of Regulation (EU) No 1380/2013, stocks managed jointly with third countries are to be managed wherever possible with joint agreements in line with the objectives laid down in Article 2(2) thereof. In addition, the goals set out in Articles 1 and 2 of Regulation (EU) No 1380/2013 as well as the definitions set out in Article 4 thereof should apply to such agreements.
Amendment 12
Proposal for a regulation
Recital 14
(14)  Where the targets relating to MSY are not available, the precautionary approach should apply .
(14)  Where the targets relating to the maximum sustainable yield are not available, the multi-annual plan should establish measures on the basis of the precautionary approach to fisheries management as defined in point 8 of Article 4(1) of Regulation (EU) No 1380/2013. Those measures must guarantee a degree of conservation of the relevant stocks that is at least comparable to exploitation rates in accordance with the maximum sustainable yield, as set out in Article 9(2) of Regulation (EU) No 1380/2013 .
Amendment 13
Proposal for a regulation
Recital 14 a (new)
(14a)  Recreational fisheries can have a significant impact on fish resources. Member States are to collect catch data of recreational fisheries, in accordance with legal requirements on data collection. Where such fisheries have a significant negative impact on resources, the plan should provide for the possibility to decide on specific management measures in line with the principle of proportionality. Any management and technical measures concerning recreational fisheries at Union level should be proportionate to the objectives aimed for.
Amendment 14
Proposal for a regulation
Recital 16
(16)  For Norway lobster functional units for which they are available, it is appropriate to use the following trigger abundance levels: minimum abundance (Abundancebuffer) that corresponds to the Bbuffer reference point defined in the Long Term Management Plan for North Sea Nephrops by the North Sea Advisory Council 42 and the limit abundance (Abundancelimit) that corresponds to abundance MSY Btrigger (equivalent to Blim) as defined by ICES 7 .
(16)  For Norway lobster functional units for which they are available, it is appropriate to use ICES-advised minimum abundance (Abundancebuffer) and limit abundance (Abundancelimit) as trigger abundance levels .
_________________
42 A Long Term Management Plan for North Sea Nephrops
Amendment 15
Proposal for a regulation
Recital 17
(17)  Appropriate safeguard measures should be envisaged in case the stock size falls below these levels. Safeguard measures should include the reduction of fishing opportunities and specific conservation measures when scientific advice states that remedial measures are needed. These measures should be supplemented by all other measures, as appropriate, such as Commission measures in accordance with Article 12 of Regulation (EU) No 1380/2013 or Member State measures in accordance with Article 13 of Regulation (EU) No 1380/2013.
(17)  Appropriate safeguard measures should be envisaged in case the stock size falls below these levels. Safeguard measures should include the reduction of fishing opportunities and specific conservation measures when the best available scientific advice states that remedial measures are needed. These measures should be supplemented by all other measures, as appropriate, such as Commission measures in accordance with Article 12 of Regulation (EU) No 1380/2013 or Member State measures in accordance with Article 13 of Regulation (EU) No 1380/2013.
Amendment 16
Proposal for a regulation
Recital 19
(19)  It is appropriate to set the TAC for Norway lobster in ICES zones IIa and IV as the sum of the catch limits established for each functional unit and of the statistical rectangles outside the functional units within that TAC area. However, this does not preclude the adoption of measures to protect specific functional units .
(19)  It is appropriate to define a separate TAC for Norway lobster for each functional unit wherever possible. Separate measures to protect the respective functional units may be taken .
Amendment 17
Proposal for a regulation
Recital 20
(20)  In order to comply with the landing obligation established by Article 15(1) of Regulation (EU) No 1380/2013, the plan should provide for additional management measures .
(20)  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 conservation measures, in particular measures to gradually eliminate discards, taking into account the best available scientific advice, or to minimise the negative impact of fishing on the ecosystem, to be further specified, where appropriate, in accordance with Article 18 of Regulation (EU) No 1380/2013 .
Amendment 18
Proposal for a regulation
Recital 25
(25)  Thresholds should be established for the demersal stocks that a fishing vessel is required to land in a designated port or a place close to the shore, in accordance with Article 43 of Regulation (EC) No 1224/2009. Moreover, when designating these ports or places close to the shore, Member States should apply the criteria provided in Article 43(5) of that Regulation in such a way as to ensure effective control of the stocks covered by this Regulation.
(25)  Thresholds should be established for the demersal stocks that a fishing vessel is required to land in a designated port or a place close to the shore, in accordance with Article 43 of Regulation (EC) No 1224/2009. Moreover, when designating those ports or places close to the shore, Member States should apply the criteria provided for in Article 43(5) of that Regulation in such a way as to ensure effective control of the landing of catches covered by this Regulation.
Amendment 19
Proposal for a regulation
Recital 26
(26)  In accordance with Article 10(3) of Regulation (EU) No 1380/2013 provisions should be established for the periodical assessment by the Commission of the adequacy and effectiveness of the application of this Regulation. Such assessment should follow and be based on periodic evaluation of the plan based on scientific advice: the plan should be evaluated every five years. This period allows for the full implementation of the landing obligation, and for regionalised measures to be adopted, implemented and to show effects on the stocks and fishery. It is also the minimum required period by scientific bodies.
(26)  In accordance with Article 10(3) of Regulation (EU) No 1380/2013 provisions should be established for the periodical assessment by the Commission of the adequacy and effectiveness of the application of this Regulation. Such assessment should follow and be based on periodic evaluation of the plan based on the best available scientific advice: the plan should be evaluated by ... [three years after the date of entry into force of this Regulation], and every five years thereafter . This period allows for the full implementation of the landing obligation, and for regionalised measures to be adopted, implemented and to show effects on the stocks and fishery. It is also the minimum required period by scientific bodies.
Amendment 20
Proposal for a regulation
Article 1 – paragraph 1
1.  This Regulation establishes a multi-annual plan ("plan") for the demersal stocks in waters of Union waters of ICES zones IIa, IIIa and IV ("North Sea") and the fisheries exploiting those stocks.
1.  This Regulation establishes a multi-annual plan ("plan") for the demersal stocks in waters of Union waters of ICES zones IIa, IIIa and IV ("North Sea" refers to those three zones ) and the fisheries, including recreational fisheries, exploiting those stocks.
Amendment 22
Proposal for a regulation
Article 1 – paragraph 2 a (new)
2a.   Where, on the basis of scientific advice or of a request from the Member States concerned, the Commission considers that the list referred to in Article 2 needs to be adjusted, the Commission may submit a proposal for the amendment of that list.
Amendment 23
Proposal for a regulation
Article 1 – paragraph 2 b (new)
2b.   This Regulation also sets out details for the implementation of the landing obligation for all species provided for in Article 15(1) of Regulation (EU) No 1380/2013, other than the stocks already referred to in paragraph 1 of this Article.
Amendment 24
Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1)  "demersal stocks" means those roundfish and flatfish species and Norway lobster that live at or near the bottom of the water column.
(1)  “demersal stocks” means: those roundfish, flatfish and cartilaginous fish species, Norway lobster (Nephrops Norvegicus) and Northern prawn (Pandalus borealis) that live at or near the bottom of the water column.
Amendment 25
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
(1a)  “Best available scientific advice” means scientific advice which has been reviewed by ICES or STECF and is supported by the most up-to-date data available and which meets all the requirements set out in Regulation (EU) No 1380/2013, in particular Article 25 thereof.
Amendment 26
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
(1b)   “F MSY range” means a range calculated by ICES delivering no more than a 5 % reduction in long-term yield compared to the maximum sustainable yield. The ICES advice rule indicates that, when spawning stock biomass is below the minimum spawning stock biomass reference point (MSY B trigger ), F is to be reduced to a value which does not exceed an upper limit equal to the F MSY point value multiplied by the spawning stock biomass in the TAC year divided by MSY B trigger .
Amendment 27
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
(1c)   “MSY F lower ” and “MSY F upper ” mean the lowest and highest value within the F MSY range.
Amendment 28
Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2)  "Group 1": means demersal stocks for which targets as FMSY ranges and safeguards linked to biomass are established in this plan as follows:
(2)  “Group 1” means demersal stocks for which targets as FMSY ranges and safeguards linked to biomass are established in this plan, as listed in Annexes I and II , as follows.
(a)  Cod (Gadus morhua ) in Subarea IV and Divisions VIId and IIIa West (North Sea, Eastern Channel, Skagerrak), hereafter referred to as North Sea cod;
(a)  Cod (Gadus morhua ) in Subarea IV (North Sea) and Divisions VIId (Eastern Channel) and IIIa West (Skagerrak), hereafter referred to as cod in Subarea IV and Divisions VIId and IIIa West ;
(b)  Haddock (Melanogrammus aeglefinus) in Subarea IV and Divisions VIa and IIIa west (North Sea, West of Scotland, Skagerrak) hereafter referred to as haddock;
(b)  Haddock (Melanogrammus aeglefinus ) in Subarea IV (North Sea) and Divisions VIa (West of Scotland) and IIIa west (Skagerrak) hereafter referred to as haddock in Subarea IV and Divisions VIa and IIIa West ;
(c)  Plaice (Pleuronectes platessa) in Subarea IV (North Sea) and Division IIIa (Skagerrak), hereafter referred to as North Sea plaice;
(c)  Plaice (Pleuronectes platessa ) in Subarea IV (North Sea) and Division IIIa (Skagerrak), hereafter referred to as plaice in Subarea IV and Division IIIa ;
(d)  Saithe (Pollachius virens) in Subareas IV and VI and Division IIIa (North Sea, Rockall and West of Scotland, Skagerrak and Kattegat), hereafter referred to as saithe;
(d)  Saithe (Pollachius virens ) in Subareas IV (North Sea) and VI (West of Scotland and Rockall) and in Division IIIa (Skagerrak and Kattegat), hereafter referred to as saithe in Subareas IV and VI and Division IIIa;
(e)  Sole (Solea solea ) in Subarea IV (North Sea), hereafter referred to as North Sea sole;
(e)  Sole (Solea solea ) in Subarea IV (North Sea), hereafter referred to as sole in Subarea IV;
(f)  Sole (Solea solea ) in Division IIIa and Subdivisions 22–24 (Skagerrak and Kattegat, Western Baltic Sea), hereafter referred to as Kattegat sole;
(f)  Sole (Solea solea ) in Division IIIa (Skagerrak and Kattegat) and Subdivisions 22–24 (Western Baltic Sea), hereafter referred to as sole in Division IIIa and Subdivisions 22-24;
(g)  Whiting (Merlangius merlangus ) in Subarea IV and Division VIId (North Sea and Eastern English Channel), hereafter referred to as North Sea whiting.
(g)  Whiting (Merlangius merlangus ) in Subarea IV (North Sea) and Division VIId (Eastern English Channel), hereafter referred to as whiting in Subarea IV and Division VIId ;
(ga)  Anglerfish (Lophius piscatorius) in Division IIIa (Skagerrak and Kattegat) and Subareas IV (North Sea) and VI (West of Scotland and Rockall);
(gb)  Northern Prawn (Pandalus borealis) in Divisions IVa East and IIIa.
The Commission is empowered to adopt delegated acts in accordance with Article 18 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 in order to amend the list of stocks in Group 1, as set out in the first paragraph of this point and in Annexes I and II to this Regulation, in accordance with the best available scientific advice.
Amendment 29
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
(3)  “Group 2” means Norway lobster (Nephrops norvegicus) functional units (FU) for which targets as FMSY ranges and safeguards linked to abundance are established in this plan consisting of:
(3)  “Group 2” means Norway lobster (Nephrops norvegicus) functional units (FU) for which targets as FMSY ranges and safeguards linked to abundance are established in this plan, as set out in Annexes I and II, consisting of:
Amendment 32
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
(8a)   The stocks concerned shall only be amended on the basis of the best available scientific advice.
Amendment 33
Proposal for a regulation
Article 2 – paragraph 1 – point 10
10.  “MSY Btrigger” means the spawning stock biomass reference point below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term.
10.  “MSY Btrigger” means the spawning stock biomass reference point below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing maximum sustainable yield in the long term.
Amendment 34
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
(10a)   “Recreational fisheries” means non-commercial fishing activities exploiting marine living biological resources for recreation, tourism or sport.
Amendment 35
Proposal for a regulation
Article 3 – paragraph 1
1.  The plan shall contribute to the achievement of the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield.
1.  The plan shall contribute to the achievement of the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management as defined in point 8 of Article 4(1) of Regulation (EU) No 1380/2013 , as well as contribute to a fair standard of living for those who depend on fishing activities, bearing in mind socio-economic aspects, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield. The level of fishing which allows the maximum sustainable yield is to be achieved, as quickly as possible and, on a gradual, incremental basis by 2020 at the latest for all stocks covered by this Regulation under all circumstances, and it is to be maintained from that point in time. For stocks where no scientific advice and data exist, the targets set out in Article 9(2) of Regulation (EU) No 1380/2013 are to be met. Those targets ensure that the relevant stocks will be preserved at a level which is at least comparable with the targets for the highest sustainable yield.
Amendment 37
Proposal for a regulation
Article 3 – paragraph 3
3.  The plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. It shall be coherent with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC.
3.  The plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem, particularly threatened habitats and protected species including marine mammals and seabirds, are minimised. The plan shall complement and be consistent with the ecosystem-based approach to fisheries management as defined in point 9 of Article 4(1) of Regulation (EU) No 1380/2013, with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC, and with the targets and rules laid down in Directives 2009/147/EC and 92/43/EEC. Furthermore, the plan shall provide for measures designed to mitigate adverse socio-economic impacts and enable operators to acquire more economic visibility in the long term.
Amendment 38
Proposal for a regulation
Article 3 – paragraph 3 a (new)
3a.   The plan shall contribute to ensuring that stocks managed jointly with third countries pursuant to Article 33(1) of Regulation (EU) No 1380/2013 are managed in line with the objectives set out in Article 2(2) of Regulation (EU) No 1380/2013, and that the total fishing opportunities do not exceed the ranges set out in Annex I to this Regulation.
Amendment 39
Proposal for a regulation
Article 3 – paragraph 3 b (new)
3b.   The plan shall take account of the Union’s bilateral relations with third countries. Future bilateral agreements with third countries shall take account of the plan.
Amendment 40
Proposal for a regulation
Article 3 – paragraph 4 – point b
(b)  contribute to the fulfilment of other relevant descriptors contained in Annex I to Directive 2008/56/EC in proportion to the role played by fisheries in their fulfilment.
(b)  the fulfilment of other relevant descriptors contained in Annex I to Directive 2008/56/EC in proportion to the role played by fisheries in their fulfilment.
Amendment 41
Proposal for a regulation
Article 3 – paragraph 4 a (new)
4a.   All measures in the plan shall be taken on the basis of the best available scientific advice in accordance with point 1a of Article 2 of this Regulation. The best available scientific advice shall be reviewed by ICES or STECF by the time at which those measures are proposed by the Commission in accordance with Articles 4, 5, 6 and 18 of this Regulation, and with Article 16 of Regulation (EU) No 1380/2013.
Amendment 42
Proposal for a regulation
Article 4 – paragraph 1
1.  The target fishing mortality shall be achieved as soon as possible, and on a progressive, incremental basis by 2020 for the stocks of Groups 1 and 2, and shall be maintained thereafter within the ranges set out in Annex I.
1.  The target fishing mortality shall be achieved as soon as possible, and on a progressive, incremental basis by 2020 for the stocks of Groups 1 and 2, and shall be maintained thereafter within the ranges set out in Annex I and shall comply with the goals set out in Article 3(1) .
Amendment 43
Proposal for a regulation
Article 4 – paragraph 2
2.  In accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities shall comply with the target fishing mortality ranges set out in Annex I, column A to this Regulation.
2.  In accordance with Article 16(4) and Article 17 of Regulation (EU) No 1380/2013, fishing opportunities shall be established in line with the objectives and targets set out in the plan and with the best available scientific advice and shall comply with the target fishing mortality ranges set out in Annex I, column A to this Regulation.
Amendment 44
Proposal for a regulation
Article 4 – paragraph 3
3.  Notwithstanding paragraphs 1 and 2, fishing opportunities may be fixed at levels corresponding to lower levels of fishing mortality than those set out in Annex I, column A .
3.  Notwithstanding paragraphs 1 and 2, fishing opportunities may be fixed at levels corresponding to lower levels of fishing mortality than those set out in Annex I.
Amendments 83 and 99
Proposal for a regulation
Article 4 – paragraph 4
4.  Notwithstanding paragraphs 2 and 3, fishing opportunities for a stock may be fixed in accordance with the fishing mortality ranges set out in Annex I, column B, provided that the stock concerned is above the minimum spawning biomass reference point set out in Annex II, column A:
deleted
(a)  if, on the basis of scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in the case of mixed fisheries;
(b)  if, on the basis of scientific advice or evidence, it is necessary to avoid serious harm to a stock caused by intra- or inter-species stock dynamics; or
(c)  in order to limit variations in fishing opportunities between consecutive years to not more than 20%.
Amendment 48
Proposal for a regulation
Article 4 – paragraph 4 a (new)
4a.   Fishing opportunities shall in any event be fixed in such a way as to ensure that there is less than a 5 % probability of the spawning stock biomass falling below the limit spawning stock biomass reference point (B lim ) set out in particular in Annex II, column B.
Amendment 49
Proposal for a regulation
Article 4 – paragraph 4 b (new)
4b.   Where, on the basis of the best available scientific advice, the Commission considers that the fishing mortality ranges set out in Annex I no longer correctly express the objectives of the plan, the Commission may as a matter of urgency submit a proposal for amendment of those ranges.
Amendment 50
Proposal for a regulation
Article 5 – paragraph 1
1.  Fishing opportunities for the stocks of Groups 3 and 4 shall be consistent with scientific advice related to maximum sustainable yield.
1.  Fishing opportunities for the stocks of Groups 3 and 4 shall be consistent with the best available scientific advice related to maximum sustainable yield.
Amendment 51
Proposal for a regulation
Article 5 – paragraph 2
2.  In the absence of scientific advice on fishing mortality rate consistent with maximum sustainable yield, fishing opportunities shall be consistent with scientific advice to ensure the sustainability of the stocks in line with the precautionary approach.
2.  In the absence of scientific advice and data on the fishing mortality rate consistent with maximum sustainable yield, fishing opportunities and measures shall be decided on in line with the precautionary approach to fisheries management as defined in point 8 of Article 4(1) of Regulation (EU) No 1380/2013, and in keeping with the targets set out in Article 3(1) of this Regulation.
Amendment 52
Proposal for a regulation
Article 6 – paragraph 1
Stocks of Group 5 shall be managed based on the precautionary approach in line with scientific advice.
Stocks of Group 5 shall be managed based on the precautionary approach to fisheries management as defined in point 8 of Article 4(1) of Regulation (EU) No 1380/2013 and in accordance with the best available scientific advice and with the targets set out in Article 3(1) and Article 3(3) of this Regulation. The absence of adequate scientific information shall not justify postponing or failing to take management measures to conserve marine biological resources.
Amendment 53
Proposal for a regulation
Article 8 – paragraph 1
1.  When scientific advice indicates that for a given year the spawning biomass of any of the stocks in Group 1 is below the MSY Btrigger or that the abundance of any of the functional units in Group 2 is below the Abundancebuffer set out in Annex II, column A, all appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing maximum sustainable yield. In particular, by way of derogation from Article 4(2) fishing opportunities shall be set at levels consistent with a fishing mortality, taking into account the decrease in biomass or abundance, that is reduced below the range laid down in Annex I, column A.
1.  When the best available scientific advice indicates that for a given year the spawning biomass of any of the stocks in Group 1 is below the MSY Btrigger or that the abundance of any of the functional units in Group 2 is below the Abundancebuffer set out in Annex II, column A, all appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing maximum sustainable yield. In particular, by way of derogation from Article 4(2) fishing opportunities shall be set at levels consistent with a fishing mortality, taking into account the decrease in biomass or abundance, that is reduced below the range laid down in Annex I, column A in proportion to the decrease in biomass, following the ICES advice rule . The ICES advice rule referred to in point 1b of Article 2 shall apply.
Amendment 54
Proposal for a regulation
Article 8 – paragraph 2
2.  When scientific advice indicates that the spawning stock biomass of any of the stocks concerned is below the Blim or the abundance of any of the Norway lobster functional units is below Abundancelimit as set out in Annex II, column B to this Regulation, further remedial measures shall be taken to ensure rapid return of the stock or functional unit concerned to levels above the level capable of producing maximum sustainable yield. In particular, those remedial measures shall include, by way of derogation from paragraphs 2 and 4 of Article 4, suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities.
2.  When the best available scientific advice indicates that the spawning stock biomass of any of the stocks concerned is below the Blim or the abundance of any of the Norway lobster functional units is below Abundancelimit as set out in Annex II, column B to this Regulation, further remedial measures shall be taken to ensure rapid return of the stock or functional unit concerned to levels above the level capable of producing maximum sustainable yield. In particular, those remedial measures shall include, by way of derogation from paragraphs 2 and 4 of Article 4, suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities.
Amendment 55
Proposal for a regulation
Article 8 – paragraph 2 a (new)
2a.   When the best available scientific advice indicates that for a given year the spawning stock biomass of any of the stocks to which this Regulation applies is below MSY B trigger , all appropriate remedial measures shall be adopted to ensure rapid return of the stock to levels above those capable of producing maximum sustainable yield, and fishing mortality shall be reduced on a linear basis in proportion to the decrease in biomass in accordance with the ICES advice rule. The ICES advice rule referred to in point 1b of Article 2(1) shall apply.
Amendment 56
Proposal for a regulation
Article 8 – paragraph 2 b (new)
2b.   When the best available scientific advice indicates that the spawning stock biomass of any of the stocks to which this Regulation applies is below B lim or another relevant limit, additional remedial measures shall be adopted to ensure rapid return of the stock to levels above those capable of producing maximum sustainable yield. In particular, the remedial measures may involve a suitable reduction of fishing opportunities or suspension of the targeted fishery of the stock.
Amendment 57
Proposal for a regulation
Article 8 – paragraph 2 c (new)
2c.   Remedial measures referred to in this Article may include:
(a)  emergency measures in accordance with Articles 12 and 13 of Regulation (EU) No 1380/2013;
(b)  measures pursuant to Articles 11 and 11a of this Regulation.
The choice of measures referred to in this Article shall be made in accordance with the nature, seriousness, duration and repetition of the situation where the spawning stock biomass is below the levels referred to in paragraph 1.
Amendment 58
Proposal for a regulation
Article 9 – title
Specific conservation measures for Groups 3 to 7
Specific conservation measures
Amendment 84
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
When scientific advice indicates that remedial action is required for the conservation of any of the demersal stocks of Groups 3 to 7, or when the spawning biomass of any of the stocks in Group 1 or abundance of any of the functional units in Group 2 for a given year is below the conservation reference points set out in Annex II, column A to this Regulation, the Commission is empowered to adopt delegated acts in accordance with Article 18 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 regarding:
When scientific advice indicates that additional action is required to ensure that any of the fisheries to which this Regulation applies is managed in accordance with Article 3 of this Regulation, the Commission is empowered to adopt delegated acts in accordance with Article 18 of this Regulation and Article 18 of Regulation (EU) No 1380/2013. Notwithstanding Article 18(1) and (3) the Commission may adopt delegated acts in the absence of a joint recommendation referred to in those paragraphs. These delegated acts shall include measures regarding:
Amendment 60
Proposal for a regulation
Article 9 – paragraph 1 – point a
(a)  characteristics of fishing gear, in particular mesh size, hook size, construction of the gear, twine thickness, size of the gear or use of selectivity devices to ensure or improve selectivity;
(a)  defining the characteristics and specifications of fishing gear, in particular mesh size, hook size, construction of the gear, twine thickness, size of the gear or use of selectivity devices to ensure or improve selectivity, particularly with a view to reducing unwanted by-catches;
Amendment 61
Proposal for a regulation
Article 9 a (new)
Article 9a
Designation of spawning grounds and stock recovery areas
By 2020 at the latest, Member States shall designate spawning grounds and areas where there is clear evidence of heavy concentrations of fish below minimum conservation reference size, and they shall draft joint recommendations in line with Article 12(2) of this Regulation with a view to establishing stock recovery areas for stocks to which this Regulation applies.
Amendment 62
Proposal for a regulation
Article 10 – title
Total allowable catches
Fishing opportunities
Amendment 63
Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a.   Member States shall take into account objective and transparent criteria pursuant to Article 17 of Regulation (EU) No 1380/2013 when allocating quotas.
Amendment 64
Proposal for a regulation
Article 10 – paragraph 1 b (new)
1b.   Member States shall enable the exchange of quotas pursuant to Article 33(2) of Regulation (EU) No 1380/2013 in the context of the joint management of stocks with third countries.
Amendment 65
Proposal for a regulation
Article 10 – paragraph 2
2.  Without prejudice to Article 8, the TAC for the stock of Norway lobster in ICES zones IIa and IV shall be the sum of the catch limits of the functional units and of the statistical rectangles outside the functional units.
2.  For the stock of Norway lobster in ICES zones IIa and IV, catch limits for each functional unit and a joint TAC for the statistical rectangles outside the functional units shall be established .
Amendment 66
Proposal for a regulation
Article 10 a (new)
Article 10a
Impact of recreational fisheries
1.  All available data on catches by recreational fisheries shall be examined in order to assess their likely impact on the stocks of regulated species.
2.  The Council shall consider the assessment provided for in the first paragraph. For those stocks for which recreational catches are considered to be significant, the Council shall, when setting fishing opportunities, take account of recreational catches by, inter alia:
(a)  considering the sum of estimates of catches by recreational fisheries, derived from the best available scientific advice, and the best available scientific advice on commercial fishing opportunities as total catch which corresponds to the target fishing mortality;
(b)  imposing restrictions on recreational fisheries, including daily bag limits and closed seasons; or
(c)  other means which are deemed appropriate.
Amendment 67
Proposal for a regulation
Article 11 – title
Provisions linked to the landing obligation for Groups 1 to 7
Provisions linked to the landing obligation
Amendment 68
Proposal for a regulation
Article 11 – paragraph 1 – point a
(a)  exemptions from the application of the landing obligation for species for which scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem, to facilitate the implementation of the landing obligation; and
(a)  exemptions from the application of the landing obligation for species for which the best available scientific advice demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem, to facilitate the implementation of the landing obligation; and
Amendment 69
Proposal for a regulation
Article 11 – paragraph 1 – point c
(c)  specific provisions on documentation of catches, in particular for the purpose of monitoring the implementation of the landing obligation; and
(c)  specific provisions on documentation of catches, in particular for the purpose of monitoring and controlling in order to ensure a level playing field by ensuring full compliance with the landing obligation; and
Amendment 70
Proposal for a regulation
Article 11 – paragraph 1 a (new)
The measures set out in the first paragraph of this Article shall contribute to achieving the objectives set out in Article 3 of this Regulation, in particular the protection of juvenile fish and spawning fish.
Amendment 71
Proposal for a regulation
Article 11 a (new)
Article 11a
Technical measures
1.  The Commission is empowered to adopt delegated acts in accordance with Article 18 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 regarding the following technical measures:
(a)  specifications of characteristics of fishing gears and rules governing their use, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;
(b)  specifications of modifications or additional devices to the fishing gears, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;
(c)  limitations or prohibitions on the use of certain fishing gears and on fishing activities, in certain areas or periods to protect spawning fish, fish below the minimum conservation reference size or non-target fish species, or to minimise the negative impact on the ecosystem; and
(d)  the fixing of minimum conservation reference sizes for any of the stocks to which this Regulation applies, to ensure the protection of juveniles of marine organisms.
2.  The measures referred to in paragraph 1 of this Article shall contribute to the achievement of the objectives set out in Article 3.
Amendment 97
Proposal for a regulation
Article 12 – paragraph 2
2.   For the purpose of paragraph 1 of this Article, Member States having direct management interest may submit joint recommendations in accordance with Article 18(1) of Regulation (EU) No 1380/2013 for the first time not later than twelve months after the entry into force of this Regulation and thereafter twelve months after each submission of the evaluation of the plan in accordance with Article 17. They may also submit such recommendations when deemed necessary by them, in particular in the event of an abrupt change in the situation for any of the stocks to which this Regulation applies. Joint recommendations in respect of measures concerning a given calendar year shall be submitted no later than 1 July of the previous year.
2.  For the purpose of paragraph 1 of this Article, Member States having direct management interest may submit joint recommendations in accordance with Article 18(1) of Regulation (EU) No 1380/2013 for the first time not later than twelve months after the entry into force of this Regulation and thereafter twelve months after each submission of the evaluation of the plan in accordance with Article 17. They may also submit such recommendations when deemed necessary by them, in particular in the event of an abrupt change in the situation for any of the stocks to which this Regulation applies. Joint recommendations in respect of measures concerning a given calendar year shall be submitted no later than 1 July of the previous year.
Notwithstanding Article 18(1) and (3) of Regulation (EU) No 1380/2013, the Commission may adopt delegated acts also in the absence of a joint recommendation as referred to in those paragraphs.
Amendment 74
Proposal for a regulation
Article 17 – paragraph 1
No less than five years after the entry into force of this Regulation, and every five years thereafter, the Commission shall ensure an evaluation of the impact of the plan on the stocks to which this Regulation applies and on the fisheries exploiting those stocks. It shall submit the results of this evaluation to the European Parliament and to the Council.
No less than three years after the entry into force of this Regulation, and every five years thereafter, the Commission shall ensure an evaluation of the impact of the plan on the stocks to which this Regulation applies and on the fisheries exploiting those stocks, as well as the extent to which the objectives of this Regulation have been met, including the recovery of fish stocks above levels capable of producing the maximum sustainable yield and the progress towards good environmental status . It shall submit the results of this evaluation to the European Parliament and to the Council. The Commission may report, where this is considered necessary, at an earlier date.
The Commission shall report annually to the European Parliament and to the Council on progress in achieving the objectives of this Regulation and on the situation of fish stocks in the waters and for the stocks covered by this Regulation, as early as possible following the adoption of the yearly regulation fixing the fishing opportunities available in Union waters and in certain non-Union waters. That report shall be annexed to the annual report referred to in Article 50 of Regulation (EU) No 1380/2013.
That report shall contain:
(a)  the comprehensive scientific advice on the basis of which the fishing opportunities were fixed; and
(b)  a scientific justification demonstrating that the fishing opportunities fixed are in line with the objectives and provisions of this Regulation, in particular the fishing mortality targets.
Amendment 75
Proposal for a regulation
Article 18 a (new)
Article 18a
Support from the European Maritime and Fisheries Fund
Temporary cessation measures adopted in order to achieve the objectives of the plan shall be deemed as temporary cessation of fishing activities for the purposes of points (a) and (c) of Article 33(1) of Regulation (EU) No 508/2014.
(This Article should appear in Chapter X)
Amendment 85
Proposal for a regulation
Annex I

Text proposed by the Commission

1.  Group 1

Stock

Target fishing mortality range consistent with achieving maximum sustainable yield (F MSY )

Column A

Column B

North Sea cod

0.22  – 0.33

0.33  – 0.49

Haddock

0.25  – 0.37

0.37  – 0.52

North Sea plaice

0.13  – 0.19

0.19  – 0.27

Saithe

0.20  – 0.32

0.32  – 0.43

North Sea sole

0.11  – 0.20

0.20  – 0.37

Kattegat sole

0.19  – 0.22

0.22  – 0.26

North Sea whiting

Not defined

Not defined

2.  Group 2

Norway lobster functional unit (FU)

Target fishing mortality range consistent with achieving maximum sustainable yield (FMSY ) (as harvest rate)

Column A

Column B

Division IIIa FU 3 and 4

0.056  – 0.079

0.079  – 0.079

Farn Deeps FU 6

0.07  – 0.081

0.081  – 0.081

Fladen Ground FU 7

0.066  – 0.075

0.075  – 0.075

Firth of Forth FU 8

0.106  – 0.163

0.163  – 0.163

Moray Firth FU 9

0.091  – 0.118

0.118  – 0.118

Amendment

1.  Group 1

Figures in the table come from the most recent ICES Special Request Advice, the “EU request to ICES to provide F MSY ranges for selected North Sea and Baltic Sea stocks”

STOCK

Target fishing mortality ranges consistent with achieving maximum sustainable yield (FMSY )

Cod in Subarea IV and Divisions VIId and IIIa West

FMSY lower - FMSY

 

Haddock in Subarea IV and Divisions VIa and IIIa West

FMSY lower - FMSY

 

Plaice in Subarea IV and Division IIIa

FMSY lower - FMSY

 

Saithe in Subareas IV and VI and Division IIIa

FMSY lower - FMSY

 

Sole in Subarea IV

FMSY lower - FMSY

 

Sole in Division IIIa and Subdivisions 22-24

FMSY lower - FMSY

 

Whiting in Subarea IV and Division VIId

FMSY lower - FMSY

 

Anglerfish in Division IIIa and Subareas IV and VI

FMSY lower - FMSY

 

Northern Prawn in Divisions IVa East and IIIa

FMSY lower - FMSY

 

2.  Group 2

Figures in the table come from the most recent ICES Special Request Advice, the “EU request to ICES to provide F MSY ranges for selected North Sea and Baltic Sea stocks”

Norway lobster functional unit (FU)

Target fishing mortality ranges consistent with achieving maximum sustainable yield (FMSY ) (as harvest rate)

 

Column A

 

Division IIIa FU 3 and 4

FMSY lower - FMSY

 

Farn Deeps FU 6

FMSY lower - FMSY

 

Fladen Ground FU 7

FMSY lower - FMSY

 

Firth of Forth FU 8

FMSY lower - FMSY

 

Moray Firth FU 9

FMSY lower - FMSY

 

Amendment 77
Proposal for a regulation
Annex II
Annex II
Annex II
Conservation reference points
Conservation reference points
(as referred to in Article 7)
(as referred to in Article 7)
1.  Group 1
1.  Group 1
STOCK
Minimum spawning stock biomass reference point (in tonnes) (MSY Btrigger)
Limit biomass reference point (in tonnes) (Blim)

STOCK
Minimum spawning stock biomass reference point (in tonnes) (MSY Btrigger)
Limit biomass reference point (in tonnes) (Blim)



Column A
Column B

North Sea cod
165 000
118 000

Cod in Subarea IV and Divisions VIId and IIIa West
165 000
118 000

Haddock
88 000
63 000

Haddock in Subarea IV and Divisions VIa and IIIa West
88 000
63 000

North Sea plaice
230 000
160 000

Plaice in Subarea IV and Division IIIa
230 000
160 000

Saithe
200 000
106 000

Saithe in Subareas IV and VI and Division IIIa
150 000
106 000

North Sea sole
37 000
26 300

Sole in Subarea IV
37 000
26 300

Kattegat sole
2 600
1 850

Sole in Division IIIa and Subdivisions 22-24
2 600
1 850

North Sea whiting
Not defined
Not defined

Whiting in Subarea IV and Division VIId
Not defined
Not defined




Anglerfish in Division IIIa and Subareas IV and VI
Not defined
Not defined




Northern Prawn in Divisions IVa East and IIIa
Not defined
Not defined

2.  Group 2
2.  Group 2
Norway lobster functional unit (FU)
Minimum abundance reference point (in millions) (Abundancebuffer)
Limit abundance reference point (in millions) (Abundancelimit)

Norway lobster functional unit (FU)
Minimum abundance reference point (in millions) (Abundancebuffer)
Limit abundance reference point (in millions) (Abundancelimit)



Column A
Column B

Division IIIa FU 3 and 4
NA
NA

Division IIIa FU 3 and 4
NA
NA

Farn Deeps FU 6
999
858

Farn Deeps FU 6
999
858

Fladen Ground FU 7
3 583
2 767

Fladen Ground FU 7
3 583
2 767

Firth of Forth FU 8
362
292

Firth of Forth FU 8
362
292

Moray Firth FU 9
262
262

Moray Firth FU 9
262
262

Amendment 78
Proposal for a regulation
Annex II a (new)
Annex II a
Prohibited species
(a)   starry ray (Amblyraja radiata);
(b)   the following species of sawfish:
(i)   narrow sawfish (Anoxypristis cuspidata);
(ii)   dwarf sawfish (Pristis clavata);
(iii)   smalltooth sawfish (Pristis pectinata);
(iv)   largetooth sawfish (Pristis pristis);
(v)   green sawfish (Pristis zijsron);
(c)   basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias);
(d)   common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia);
(e)   smooth lanternshark (Etmopterus pusillus) in Union waters of ICES Subarea IV and ICES Division IIIa;
(f)   reef manta ray (Manta alfredi);
(g)   giant manta ray (Manta birostris);
(h)   the following species of Mobula rays:
(i)   devil fish (Mobula mobular);
(ii)   Mobula rochebrunei;
(iii)   spinetail mobula (Mobula japanica);
(iv)   smoothtail mobula (Mobula thurstoni);
(v)   longhorned mobula (Mobula eregoodootenkee);
(vi)   Munk’s devil ray (Mobula munkiana);
(vii)   Chilean devil ray (Mobula tarapacana);
(viii)   shortfin devil ray (Mobula kuhlii);
(ix)   lesser devil ray (Mobula hypostoma);
(i)   thornback ray (Raja clavata) in Union waters of ICES Division IIIa;
(j)   guitarfishes (Rhinobatidae);
(k)   angel shark (Squatina squatina);
(l)   salmon (Salmo salar) and sea trout (Salmo trutta) when fishing with any towed net within the waters outside the six-mile limit measured from Member States’ baselines in ICES Subareas II and IV (Union waters);
(m)   berried female crawfish (Palinuridae spp.) and berried female lobster (Homarus gammarus) except when used for direct restocking or transplantation purposes.

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0263/2017).

Last updated: 19 June 2018Legal notice