(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0411)(1),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0281/2006),

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

–   having regard to the report of the Committee on Fisheries and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0163/2007),

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

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 1 (1)  Recent scientific advice from the International Council for the Exploration of the Sea (ICES) indicates that the cod stock in ICES Subdivisions 25 to 32 of the Baltic Sea has declined to levels where it is suffering from reduced reproductive capacity and that the stock is being harvested unsustainably. (1)  Recent scientific advice from the International Council for the Exploration of the Sea (ICES) indicates that the cod stock in ICES Subdivisions 25 to 32 of the Baltic Sea has declined to levels outside safe biological limits, where it is suffering from reduced reproductive capacity, and that the stock is being harvested unsustainably. Amendment 2 Recital 2 a (new) (2a)  A sufficiently strong and sustainable multi-annual management plan for the cod fishery, based on the precautionary principle, would enable the establishment of a permanent, sustainable fishery much larger than at present. Amendment 3 Recital 3 (3)  Measures need to be taken to establish a multi-annual plan for fisheries management of the cod stocks in the Baltic Sea. (3)  A multi-annual management plan for the cod stocks in the Baltic Sea was adopted through the auspices of the International Baltic Sea Fishery Commission in 2003. Amendment 4 Recital 3 a (new) (3a)  The Baltic Sea's division into a Western (ICES Subdivisions 22, 23 and 24) and an Eastern (ICES Subdivisions 25 to 32) part is determined by the fact that they are separate ecosystems with totally different properties. Amendment 5 Recital 3 b (new) (3b)  According to the latest information from ICES, approximately 35-45% of the cod landed in the eastern Baltic Sea is caught illegally. Amendment 6 Recital 3 c (new) (3c)  According to the Food and Agriculture Organization International Plan of Action on illegal, unreported and unregulated fishing: "States should take measures to ensure that their importers, transshippers, buyers, consumers, equipment suppliers, bankers, insurers, other services suppliers and the public are aware of the detrimental effects of doing business with vessels identified as engaged in IUU fishing". Amendment 7 Recital 4 a (new) (4a)  Article 5(1) of Regulation (EC) No 2371/2002 requires the Council to adopt, as a priority, recovery plans for fisheries exploiting stocks which are outside safe biological limits. Amendment 8 Article 7 By way of derogation from Article 6, the Council may, where it considers this appropriate, adopt a TAC that is below the TAC that follows from applying Article 6. By way of derogation from Article 6, the Council may, where it considers this appropriate, adopt a TAC other than the TAC that follows from applying Article 6. Amendment 9 Article 8, heading Procedure for setting periods when fishing with gear of a mesh size equal to or larger than 90 mm or with bottom set lines is allowed Procedure for setting periods when fishing for cod with gear of a mesh size equal to or larger than 90 mm is allowed Amendment 10 Article 8, paragraph 1, introductory part 1.  It shall be prohibited to fish with trawls, Danish seines or similar gear of a mesh size equal to or larger than 90 mm, with gillnets, entangling nets or trammel nets of a mesh size equal to or larger than 90 mm, or with bottom set lines: 1.  It shall be prohibited to fish with trawls, Danish seines or similar gear of a mesh size equal to or larger than 90 mm, with gillnets, entangling nets or trammel nets of a mesh size equal to or larger than 90 mm: Amendment 11 Article 8, paragraph 3 3.  Where the fishing mortality rate for one of the cod stocks concerned has been estimated by the STECF to be at least 10% higher than the minimum fishing mortality rate defined in Article 4, the total number of days when fishing with the gear referred to in paragraph 1 is allowed shall be reduced by 10% compared to the total number of days allowed in the current year. 3.  Where the fishing mortality rate for one of the cod stocks concerned has been estimated by the STECF to be at least 10% higher than the minimum fishing mortality rate defined in Article 4, the total number of days when fishing with the gear referred to in paragraph 1 is allowed shall be reduced by 8% compared to the total number of days allowed in the current year. Amendment 12 Article 8, paragraph 6 a (new) 6a.  By way of derogation from the rules on minimum landing size for cod laid down in Regulation (EC) No 2187/2005, the minimum landing size for cod in Subdivisions 22 to 32 shall be 40 cm. Amendment 13 Article 12, paragraph 1 1.  By way of derogation from Article 6(4) of Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy, the masters of all Community vessels of an overall length equal to or greater than eight metres shall keep a logbook of their operations in accordance with Article 6 of that Regulation. 1.  By way of derogation from Article 6(4) of Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy, the masters of all Community vessels of an overall length equal to or greater than eight metres fishing under a special permit for fishing for cod in the Baltic Sea, issued in accordance with Article 11 of this Regulation, shall keep a logbook of their operations in accordance with Article 6 of that Regulation. Amendment 14 Article 16 By way of derogation from Article 5(2) of Regulation (EEC) No 2807/83, the permitted margin of tolerance in estimating quantities, in kilograms, of fish subject to a TAC that are retained on board vessels shall be 8% of the logbook figure. By way of derogation from Article 5(2) of Regulation (EEC) No 2807/83, the permitted margin of tolerance in estimating quantities, in kilograms, of fish subject to a TAC that are retained on board vessels shall be 10% of the logbook figure. For catches which are landed unsorted the permitted margin of tolerance in estimating quantities shall be 8% of the total quantity that are retained on board. For catches which are landed unsorted the permitted margin of tolerance in estimating quantities shall be 10% of the total quantity that are retained on board. Amendment 15 Article 17, paragraph 2 2.  When a fishing vessel exits from either Area A, B or Subdivision 28-32 (Area C) with more than 100 kg of cod on board, it shall: 2.  When a fishing vessel exits from either Area A, B or Subdivision 28-32 (Area C) with more than 100 kg of cod on board, the vessel's master shall immediately notify the appropriate fisheries inspectorate of the size of the catch in the Area the vessel has left. (a) go directly to port within the Area it has been fishing and land the fish, or (b) go directly to port outside the Area where it has been fishing and land the fish. (c)  When leaving the Area where the vessel has been fishing, the nets shall be stowed in accordance with the following conditions so that they may not readily be used: (i) nets, weights and similar gear shall be disconnected from their trawl boards and towing and hauling wires and ropes, (ii) nets which are on or above deck shall be securely lashed to some part of the superstructure. Amendment 16 Article 20, paragraph 1 1.  Fishing vessels with more than 100 kg of cod on board shall not commence discharging until authorised by the competent authorities of the place of discharge. 1.  Fishing vessels with more than 300 kg of cod on board shall not commence discharging until authorised by the competent authorities of the place of discharge. Amendment 17 Article 27, paragraph 1 1.  The Commission shall, on the basis of advice from STECF and the Baltic Regional Advisory Council (RAC), evaluate the impact of the management measures on the stocks concerned and on the fisheries exploiting those stocks in the third year of application of this Regulation and in each of the following years. 1.  The Commission shall, on the basis of advice from STECF and the Baltic Regional Advisory Council (RAC), evaluate the impact of the management measures on the stocks concerned and on the fisheries exploiting those stocks in the second year of application of this Regulation and in each of the following years. Amendment 18 Article 27, paragraph 2 2.  The Commission shall seek scientific advice from STECF on the rate of progress towards the targets specified in Article 4 in the third year of application of this Regulation and each third successive year of its application. Where the advice indicates that the targets are unlikely to be met, the Council shall decide by a qualified majority on a proposal from the Commission on additional and/or alternative measures required to ensure that the objectives are met. 2.  The Commission shall seek scientific advice from STECF on the rate of progress towards the targets specified in Article 4 in the second year of application of this Regulation and each second successive year of its application. Where the advice indicates that the targets are unlikely to be met, the Council shall decide by a qualified majority on a proposal from the Commission on additional and/or alternative measures required to ensure that the objectives are met. Amendment 19 Article 27 a (new) Article 27a Monitoring the socio-economic impact of application of the Regulation The Commission shall draft a report on the socio-economic impact of the application of this Regulation on the fisheries sector, particularly on employment and the economic situation of fishermen, shipowners and firms engaged in cod fishing and processing. The Commission shall produce this report in the second year of application of this Regulation and in each subsequent year of its application, for submission to the European Parliament by 30 April of the relevant year.

(1) Not yet published in OJ.