(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2005)0472)(1),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0326/2005),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries (A6-0140/2006),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

5.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

6.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 4 a (new) (4a) On 15 November 2005 the European Parliament adopted a resolution on the development of a Community Action Plan for the recovery of European eels1 calling on the Commission to immediately submit a proposal for a regulation for the recovery of European eel stocks. _______________________ 1 Texts Adopted, P6_TA(2005)0425. Amendment 2 Recital 8 (8)  The success of measures for the recovery of the European eel stock depends on close cooperation and coherent action at Community, Member State and local level as well as on information, consultation and involvement of the public sectors involved. (8)  The success of measures for the recovery of the European eel stock depends on close cooperation and coherent action at Community, Member State and local and regional level as well as on information, consultation and involvement of the public sectors involved. Amendment 3 Recital 10 (10)  Within a river basin where fisheries and other human activities affecting eels may have transboundary effects, all programmes and measures should be coordinated for the whole of the relevant river basin. For river basins extending beyond the boundaries of the Community, the Community should endeavour to ensure appropriate coordination with the third countries concerned. However, the need for such coordination should not prevent urgent action being taken by Member States. (10)  Within a river basin where fisheries and other human activities affecting eels may have transboundary effects, all programmes and measures should be coordinated for the whole of the relevant river basin. However, coordination must not take place at the expense of the rapid introduction of the national parts of Eel Management Plans. For river basins extending beyond the boundaries of the Community, the Community should endeavour to ensure appropriate coordination with the third countries concerned. In the context of international coordination, both within the Community and outside it, special attention should be devoted to the Baltic Sea and European coastal waters falling outside the scope of Directive 2000/60/EC. However, the need for such coordination should not prevent urgent action being taken by Member States. Amendment 4 Recital 10 a (new) (10a) As, naturally, many of the arriving glass eels are lost, the Commission should without delay investigate how Europe's aquaculture could be involved in the recovery of European eel stocks, inter alia by means of continued rearing of glass eels which have been caught, until they develop into yellow eels and are used to restock European inland waters communicating with the sea. Amendment 5 Recital 10 b (new) (10b) In the context of the recovery of the European eel stock, it is noted that the glass eel is particularly vulnerable because large quantities of glass eels are exported. Special measures to increase the numbers of glass eels released into European waters should therefore be implemented. Amendment 6 Article 2 From the first to the fifteenth day of each month it shall be prohibited to fish for, land or retain eel of the species Anguilla anguilla. The fishing season shall be shortened so that fishing effort is reduced by half. Amendment 7 Article 3, introductory wording By way of derogation from Article 2, until 30 June 2007 it shall be permitted to fish for, to retain and to land eel of the species Anguilla anguilla from the first to the fifteenth day of each month provided that: By way of derogation from Article 2, until 30 June 2007 it shall be permitted to fish for, to retain and to land eel of the species Anguilla anguilla outside the fishing season laid down provided that: Amendment 8 Article 3, point (b) (b) all the eel captured are released into European inland waters having access to the sea for the purpose of increasing the escapement levels of adult silver eels (b) all the eel captured: - are released into European inland waters having access to the sea for the purpose of increasing the escapement levels of adult silver eels or - are used for aquaculture in the European Union, subject to the condition that a percentage, to be determined by the Commission, of the eel used in aquaculture is used for the breeding of and restocking with yellow eels in European inland waters communicating with the sea, in order to increase the escape rate of mature silver eels; and Amendment 9 Article 3, point (b a) (new) (ba)  Member States adopt extra measures to obstruct as little as possible the natural migration of glass eels during certain periods. Amendment 10 Article 4, paragraph 1 1.  If existing national measures already ensure, for specified river basins, that the objective referred to in Article 6(4) is met, the Member State concerned may submit a request for exemption until 30 June 2007 from the measures provided for in Article 2 for those basins. 1.  If existing national measures already ensure, for specified river basins, that the objective referred to in Article 6(4) is met, the Member State concerned may submit a request for exemption until 30 June 2008 from the measures provided for in Article 2 for those basins. Amendment 11 Article 4 a (new) Article 4a Additional protection for glass eels Fishing for eels less than 12 cm long is allowed, providing one of the following requirements is fulfilled: (a) most of the eels caught are used to restock European inland waters communicating with the sea, in order to increase the escape rate of mature silver eels; (b) eels caught for aquaculture in the European Union are subject to the condition that a percentage, to be determined by the Commission, of the eel used in aquaculture is used for rearing eel fry and restocking European inland waters communicating with the sea, in order to increase the escape rate of mature silver eels. If a Member State so wishes, the Commission may also institute a quota for exports of glass eels, provided that this does not violate the sustainability criterion or the recovery of the stock of European eel. If in a Member State or region the catch of glass eel is used for consumption, the Commission may allow this provided that this does not violate the sustainability criterion. Amendment 12 Article 5 By way of derogation from Article 2, from 1 July 2007 it shall be permitted to fish for, to retain and to land eel of the species Anguilla anguilla from the first to the fifteenth day of each month provided that such fisheries conform to the specifications and restrictions set out in an Eel Management Plan. By way of derogation from Article 2, from 1 July 2008 fisheries shall conform to the specifications and restrictions set out in an Eel Management Plan. Amendment 13 Article 5, paragraph 1 a (new) For Member States which, before 31 December 2006, have submitted an Eel Management Plan to the Commission for approval, the effect of Article 2 shall be suspended until the Commission takes a definitive decision. Amendment 14 Article 6, paragraph 1 1.  Member States shall identify and define the individual river basins lying within their national territory that, prior to human intervention, constituted natural habitats for the European eel ("eel river basins"). 1.  Member States shall identify and define the individual river basins lying within their national territory that, prior to human intervention, constituted natural habitats for the European eel ("eel river basins"). A Member State may opt justifiably to designate the whole of its national territory or an existing regional administrative unit as one river basin. Amendment 15 Article 6, paragraph 2 2.  In defining eel river basins, Member States shall have due regard to the administrative arrangements referred to in Article 3 of Directive 2000/60/EC. 2.  In defining eel river basins, Member States shall have the maximum possible regard to the administrative arrangements referred to in Article 3 of Directive 2000/60/EC. Amendment 16 Article 6, paragraph 3 a (new) 3a. Member States shall implement in river basins an Eel Management Plan which will ensure the effective recovery of eel stocks. The Member States shall propose the river basins which are to be the subject of those intervention plans. Amendment 17 Article 6, paragraph 3 b (new) 3b. Management plans for river basins shared between one or more Member States shall be drawn up jointly and submitted to the Commission. Amendment 18 Article 6, paragraph 4 4.  The objective of each Eel Management Plan shall be, for each eel river basin, to permit with high probability the escapement to the sea of at least 40% of the biomass of adult eel relative to the best estimate of the potential escapement from the river basin in the absence of human activities affecting the fishing area or the stock. 4.  The objective of each Eel Management Plan shall be, for each eel river basin, to permit with high probability the escapement to the sea of a high percentage of the biomass of adult eel relative to the best estimate of the potential escapement from the river basin, taking into account all the human activities affecting the fishing area or the stock. Amendment 19 Article 6, paragraph 5 a (new) 5a. The European Union shall support measures allowing the restocking of river basins in the various Member States. Amendment 20 Article 6, paragraph 5 b (new) 5b. The European Union shall support measures to aid the construction and/or adaptation of barrier-crossing mechanisms to prevent migration along rivers from being compromised. Amendment 21 Article 7, paragraph 1 1.  Member States shall communicate by 31 December 2006 to the Commission all individual Eel Management Plans prepared in accordance with Article 6. 1.  Member States shall communicate by 30 June 2007 to the Commission all individual Eel Management Plans prepared in accordance with Article 6. Amendment 22 Article 7, paragraph 3 3.  Member States shall implement the Eel Management Plans approved under paragraph 2 from 1 July 2007. 3.  Member States shall implement the Eel Management Plans approved under paragraph 2 from 1 July 2008, or from the earliest feasible time before that date. Amendment 23 Article 8, paragraph 1 1.  For eel river basins extending to the territory of more than one Member State, the Member States involved shall jointly prepare an Eel Management Plan. 1.  For eel river basins extending to the territory of more than one Member State, the Member States involved shall jointly prepare an Eel Management Plan. If coordination is in danger of resulting in such a delay that it will become impossible to submit the Management Plan on time, Member States may submit Management Plans for their national part of the river basin. Amendment 24 Article 8, paragraph 2 2.  Where an eel river basin extends beyond the territory of the Community, the Member States involved shall endeavour to develop an Eel Management Plan in coordination with the relevant third countries. 2.  Where an eel river basin extends beyond the territory of the Community, the Member States involved shall endeavour to develop an Eel Management Plan in coordination with the relevant third countries. In this connection, special attention shall be devoted to the Baltic Sea and European coastal waters falling outside the scope of Directive 2000/60/EC. Amendment 25 Article 8 a (new) Article 8a Special measures in respect of glass eels As part of the plan for recovery of the European eel stock, the Commission shall draw up special measures to ensure an increase in the number of glass eels released, focusing on the problems caused by large-scale exports of glass eels. Amendment 26 Article 9, paragraph 1 1.  For each Eel Management Plan, each Member State shall report to the Commission by 31 December 2009 on the monitoring, effectiveness and outcome of the plan, and in particular shall estimate for each river basin that proportion of the biomass of the eel that escape to the sea to spawn relative to the escapement achieved in the absence of fishing or other human activities affecting the fishery or the stock. 1.  For each Eel Management Plan, each Member State shall report to the Commission by 31 December 2009 on the monitoring, effectiveness and outcome of the plan. Amendment 27 Article 9, paragraph 2 2.  The Commission shall, by 1 July 2010, present a report to the European Parliament and the Council with a statistical and scientific evaluation of the outcome of the implementation of the Eel Management Plans accompanied by the opinion of the Scientific, Technical and Economic Committee for Fisheries. 2.  The Commission shall, by 1 July 2011, present a report to the European Parliament and the Council with a statistical and scientific evaluation of the outcome of the implementation of the Eel Management Plans accompanied by the opinion of the Scientific, Technical and Economic Committee for Fisheries. Amendment 28 Article 9, paragraph 3 a (new) 3a. The Commission shall before 1 January 2007 determine, in consultation with the ICES, the European Inland Fisheries Advisory Commission, the Member States and the fishing industry, whether the norm laid down in Article 6(4) is sufficiently measurable and applicable in practice, after which the Commission shall, if necessary, submit a modified or adjusted proposal. Amendment 29 Article 11, paragraph 1 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union, but not before 1 January 2007.

(1) Not yet published in OJ.