Procedure : 2004/0229(CNS)
Document stages in plenary
Document selected : A6-0116/2005

Texts tabled :

A6-0116/2005

Debates :

Votes :

PV 23/06/2005 - 12.12

Texts adopted :

P6_TA(2005)0257

REPORT     *
PDF 168kWORD 127k
27 April 2005
PE 350.171v02-00 A6-0116/2005

on the proposal for a Council regulation establishing a rebuilding plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation

(COM(2004)0640 – C6-0197/2004 – 2004/0229(CNS))

Committee on Fisheries

Rapporteur: Henrik Dam Kristensen

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council regulation establishing a rebuilding plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation

(COM(2004)0640 – C6-0197/2004 – 2004/0229(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2004)0640)(1),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0197/2004),

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

–   having regard to the report of the Committee on Fisheries (A6-0116/2005),

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

Title

Proposal for a Council Regulation establishing a rebuilding plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation

Proposal for a Council Regulation establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation

 

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Justification

Coherence with the terminology of the legal rules established in the Council Regulation (EC) No 2371/2002 of 20 December 2002.

Amendment 2

Recital 7

(7) It is therefore necessary to implement the rebuilding plan on a permanent basis. To that end a procedure should be determined for the transmission of the list of vessels to which a special fishing permit has been issued in accordance with Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits.

(7) It is therefore necessary to incorporate the recovery plan into Community law on a firm basis. To that end a procedure should be determined for the transmission of the list of vessels to which a special fishing permit has been issued in accordance with Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits.

Justification

This serves to clarify the wording. The original wording of the proposal may give the impression that the rebuilding plan will be permanent, although this is not necessarily the case, since it covers a specific period of time.

Amendment 3

Recital 9

(9) Additional control measures are required to ensure an effective implementation at Community level and to ensure coherence with recovery plans adopted by the Council in other areas. Such measures should include an obligation for prior notification of entry into port designated by Member States and to limit margins of tolerance.

(9) Additional control measures are required to ensure an effective implementation at Community level and to ensure coherence with recovery plans adopted by the Council in other areas. Such measures should include an obligation for prior notification of entry into port designated by Member States.

Justification

A unilateral limit on margins of tolerance should not be included, given that NAFO has not stipulated anything in this area.

Amendment 4

Article 3, paragraph 1, subparagraph 2

However, where it is decided by NAFO that those TAC levels will not ensure a sustainable fishery of that stock, the Council, acting by a qualified majority on a proposal from the Commission, shall adjust the TAC provided for in the first subparagraph in conformity with the decision by NAFO.

However, where it is decided by NAFO that those TAC levels will not ensure a sustainable fishery of that stock (or where, on the other hand, recovery of the stock is detected), the Council, acting by a qualified majority on a proposal from the Commission, shall adjust the TAC provided for in the first subparagraph in conformity with the decision by NAFO.

Justification

Any alteration to the TAC should take into account the possibility that stocks have recovered - this being precisely the purpose of the plan.

Amendment 5

Article 5, paragraph 4

4. Each Member State shall allocate its quota for Greenland halibut among its vessels included in the list referred to in paragraph 1. Member States shall inform the Commission of the allocation of quotas not later than 15 December each year.

4. Each Member State shall take the necessary action to allocate its quota for Greenland halibut among its vessels included in the list referred to in paragraph 1. Member States shall inform the Commission of the allocation of quotas not later than 15 January each year.

Justification

This rewording of the text brings it into line with what was agreed for 2005 and results in a deadline for notifying quota allocations which corresponds more closely to actual practice.

Amendment 6

Article 6, paragraph 3

3. When quantities of Greenland halibut reported in accordance with paragraph 1 point (b) are deemed to have exhausted 70 % of the Member States’ quota, masters shall take transmit the reports referred to in point (b) on a daily basis.

3. When quantities of Greenland halibut reported in accordance with paragraph 1 point (b) are deemed to have exhausted 70 % of the Member States’ quota, masters shall transmit the reports referred to in point (b) every third day.

Justification

In order to ensure that catches are satisfactorily monitored without the need for excessive obligations to be imposed, it seems reasonable that reports on Greenland halibut caught in the area should be submitted every third day rather than on a daily basis

Amendment 7

Article 7, paragraph 1

1. The daily quantities of Greenland halibut retained on board during the vessel’s stay in NAFO Sub-area 2 and Divisions 3KLMNO shall be stored on board separately from the other catches and clearly labelled.

1. Taking into account the safety of the crew and the movements of the vessel, both of which fall under the powers and responsibilities of the captain, the daily quantities of Greenland halibut retained on board during the vessel’s stay in NAFO Sub-area 2 and Divisions 3KLMNO shall be stored on board separately from the other catches and clearly labelled.

Justification

The NAFO rules make explicit reference to this point, which is most important in terms of safety.

Amendment 8

Article 8

Article 8

Margin of tolerance in the estimation of quantities reported in the logbook

 

By way of derogation from Article 5 (2) of Commission Regulation (EEC) No 2807/83(2) and Article 9 (2) of Commission Regulation (EEC) No 2868/88(3), the permitted margin of tolerance, in the estimation of the quantities in kilograms retained on board, shall be 5 % of the logbook figure.

 

deleted

Justification

A unilateral limit on margins of tolerance cannot be accepted, given that NAFO has not stipulated anything in this area.

Amendment 9

Article 9, paragraph 4 a (new)

4a. The measures laid down in this Article shall apply exclusively to the vessels with a special fishing permit which are referred to in Article 4.

Justification

This paragraph is included for the purpose of identifying the vessels to which the specific rules will apply.

Amendment 10

Article 10, paragraph 1 a (new)

The measures laid down in this Article shall apply exclusively to the vessels with a special fishing permit which are referred to in Article 4.

Justification

This paragraph is included for the purpose of identifying the vessels to which the specific rules will apply.

(1)

Not yet published in OJ.

(2)

              OJ L 276, 10.10.1983, p. 1.

(3)

              OJ L 257, 17.9.1988, p. 20.

 

 


EXPLANATORY STATEMENT

At its 25th Annual meeting of 15 - 19 September 2003, the Northwest Atlantic Fisheries organisation (NAFO) adopted a rebuilding plan for Greenland halibut in the NAFO Sub-area 2 and divisions 3KLMNO. The plan foresees a reduction of the TAC level until 2007 as well as additional control measures to ensure its application.

The Rebuilding Plan objective is to attain a level of exploitable biomass of five years and older of 140.000 tonnes on average thus assuring the stock over the long term.

The rebuilding plan was implemented on a provisional basis in Council Regulation 2287/2003 of 19 December 2003 which fixed the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks for 2004, and Council Regulation No 27/2005 of 22 December 2004 establishing the TACs for 2005 applicable in Community waters and, for Community vessels, in waters where catch limitations are required.

The Commission proposed to the Council and the Parliament a Council Regulation (COM(2004)0640) to implement the NAFO's recovery plan according to the rules provided for in Article 5 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy, which is similar to other recovery plans such as hake, cod and sole resources.

The Council proposal is coherent with the basis set in the new fisheries policy. It is in line with other recovery plans and includes control measures which are already applied by the community fleet operating in the NAFO area.


PROCEDURE

Title

Proposal for a Council regulation establishing a rebuilding plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation

References

COM(2004)0640 – C6-0197/2004 – 2004/0229(CNS)

Legal basis

Article 37 EC

Basis in Rules of Procedure

Rule 51

Date of consulting Parliament

16.11.2004

Committee responsible
  Date announced in plenary

PECH
1
.12.2004

Committee(s) asked for opinion(s)
  Date announced in plenary

ENVI

1.12.2004

 

 

 

 

Not delivering opinion(s)
  Date of decision

ENVI
30.11.2004

 

 

 

 

Enhanced cooperation
  Date announced in plenary

 

 

 

 

 

Rapporteur(s)
  Date appointed

Henrik Dam Kristensen
23.11.2004

 

Previous rapporteur(s)

 

 

Simplified procedure
  Date of decision

 

Legal basis disputed
  Date of JURI opinion

 

 

 

Financial endowment amended
  Date of BUDG opinion

 

 

 

European Economic and Social Committee consulted
  Date of decision in plenary

 

Committee of the Regions consulted
  Date of decision in plenary

 

Discussed in committee

24.1.2005

14.3.2005

 

 

 

Date adopted

25.4.2005

Result of final vote

for:

against:

abstentions:

17

0

0

Members present for the final vote

Elspeth Attwooll, Niels Busk, Luis Manuel Capoulas Santos, David Casa, Zdzisław Kazimierz Chmielewski, Carmen Fraga Estévez, Ioannis Gklavakis, Alfred Gomolka, Heinz Kindermann, Henrik Dam Kristensen, Albert Jan Maat, Rosa Miguélez Ramos, Philippe Morillon, Neil Parish, Dirk Sterckx, Catherine Stihler

Substitutes present for the final vote

Duarte Freitas, James Nicholson, Carl Schlyter

Substitutes under Rule 178(2) present for the final vote

Alejandro Cercas

Date tabled – A6

27.4.2005

A6-0116/2005

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