Awaiting Council 1st reading position / budgetary conciliation convocation
Role | Committee | Rapporteur | Shadows |
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Opinion | ENVI | ||
Lead | PECH | DODDS Diane (NI) | WAŁĘSA Jarosław (PPE), CHRISTENSEN Ole (S&D), TORVALDS Nils (ALDE), FERREIRA João (GUE/NGL) |
Legal Basis TFEU 043-p2
Activites
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2013/06/11
Results of vote in Parliament
- Results of vote in Parliament
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T7-0244/2013
summary
The European Parliament adopted by 592 votes to 71, with 15 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks. The European Parliament’s position adopted at first reading according to the ordinary legislative procedure amends the Commission’s proposal as follows: Incentive measures: Members consider that other measures than automatic reduction of TAC and fishing effort are useful in order to obtain the targets set in this plan. Thus, 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. Time at sea: an amendment seeks to allow the development of alternative methods of accounting for time at sea (i.e. soak time for gill netters, etc.) that may better incentivise cod avoidance behaviour. Member States should calculate days present within an area in accordance with Regulation (EC) No 1224/2009 establishing a Community fisheries control system. Procedure for setting TACs: 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. Another proposed amendment should help to avoid automatic reductions in the absence of reliable scientific information. Implementation of a gradual elimination of discards: a new article stipulates that in order to obtain sustainable fishing mortality rates, based on scientific advice, a gradual elimination of discards should be implemented. Selective gears and other measures for this purpose should be introduced by Member States with financial support from the European Maritime and Fisheries Fund. Member States should consult the relevant Regional Advisory Council as well as ICES and/or STEFC and relevant stakeholders on the measures to be adopted. Exclusion from the fishing effort regime in certain areas, certain depths or using certain gear: Members consider partial exemption from effort would be appropriate in a mixed fisheries context where vessels often have quota to catch cod. Furthermore, once STEFC approve a gear or area, submitted by a Member State, it should become available for use by all Member States. Adjustment of the baseline used to calculate the maximum allowable fishing effort: in order to ensure the continued innovation of gear selectivity the baseline should be altered annually. Exclusion of vessels participating in trials: the Commission proposal stipulates that the transfers of quotas of cod to vessels outside the fishing effort management system or from these vessels are forbidden. According to Parliament, the risk related to discarding of cod by vessels not participating in trials of fully documented fisheries is has not been proven. As a result, Parliament considers that it is not appropriate to present proposal in the absence of scientific data. Member States’ obligations: the Commission’s proposal provided that where the scientific data indicate that more than 10% of the total cod catches for a particular effort group consist of discards, the Member State concerned shall take immediate measures to minimise cod discards. Parliament, for its part, considers that such measures should be taken where the scientific data indicate that, for a particular gear, large volumes of cod are discarded throughout the management period. Transfer of the fishing effort: the objective of the existing measure is to ensure that the constant effort of the different types of gear is maintained. Now, by changing gear group, a vessel could see the volume of its effort reduced. This is why Members propose introducing the possibility for such vessels to transfer their fishing effort without being discouraged from doing so and penalised.
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2013/04/26
Committee report tabled for plenary, 1st reading/single reading
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A7-0146/2013
summary
The Committee on Fisheries adopted the report by Diane DODDS (NI, UK) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks. The parliamentary committee recommends that the European Parliament’s position adopted at first reading according to the ordinary legislative procedure should amend the Commission’s proposal as follows: Incentive measures: Members consider that other measures than automatic reduction of TAC and fishing effort are useful in order to obtain the targets set in this plan. Thus, 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. Time at sea: an amendment seeks to allow the development of alternative methods of accounting for time at sea (i.e. soak time for gill netters, etc.) that may better incentivise cod avoidance behaviour. Member States should calculate days present within an area in accordance with Regulation (EC) No 1224/2009 establishing a Community fisheries control system. Procedure for setting TACs: Members want to enable the Council to set a different TAC in instances where the stringent following of the Management Plan would move recovery away from the objectives of the plan. Another proposed change should help to avoid automatic reductions in the absence of reliable scientific information. In order to obtain sustainable fishing mortality rates, based on scientific advice, a gradual elimination of discards should be implemented. Selective gears and other measures for this purpose should be introduced by Member States with financial support from the European Maritime and Fisheries Fund. Member States should consult the relevant Regional Advisory Council as well as ICES and/or STEFC and relevant stakeholders on the measures to be adopted. Exclusion from the fishing effort regime in certain areas, certain depths or using certain gear: Members consider partial exemption from effort would be appropriate in a mixed fisheries context where vessels often have quota to catch cod. Furthermore, once STEFC approve a gear or area, submitted by a Member State, it should become available for use by all Member States. Adjustment of the baseline used to calculate the maximum allowable fishing effort: in order to ensure the continued innovation of gear selectivity the baseline should be altered annually. Exclusion of vessels participating in trials: the Commission proposal stipulates that the transfers of quotas of cod to vessels outside the fishing effort management system or from these vessels are forbidden. According to the report, the risk related to discarding of cod by vessels not participating in trials of fully documented fisheries is only a theoretical one. There is no evidence that discards by the non-FDF fleet have increased. As a result, members consider that it is not appropriate to present proposal in the absence of scientific data.
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A7-0146/2013
summary
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2013/04/23
Vote in committee, 1st reading/single reading
- #3212
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2012/12/18
Council Meeting
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2012/10/22
Committee referral announced in Parliament, 1st reading/single reading
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2012/09/12
Legislative proposal published
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COM(2012)0498
summary
PURPOSE: to amend Council Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks in the light of the evaluation of the plan carried out by the Scientific, Technical and Economic Committee for Fisheries (STECF). PROPOSED ACT: Regulation of the European Parliament and of the Council. CONTEXT: the scientific evaluation of the effectiveness of Council Regulation (EC) No 1342/2008, carried out in 2011, stated that the cod plan has not achieved its objectives and that they are unlikely to be achieved by 2015. Furthermore, the report revealed that there are flaws in the design of the Regulation and problems with its implementation. The Commission is proposing an amendment to the Regulation in the light of this advice and of the opinions received from Regional Advisory Councils (RACs) and the Member States. The proposal for the amendment of the Regulation does not cover all the problems identified since this amendment is intended as an interim solution pending the development and implementation of a mixed-fishery plan for North Sea fisheries as anticipated in the reform. IMPACT ASSESSMENT: the proposal was drawn up on the basis of consultations with the Member States and stakeholders. LEGAL BASE: Article 43(2) of the Treaty on the Functioning of the European Union (TFEU). CONTENTS: the main legal action is as far as possible to improve and clarify the provisions of the Regulation (EC) No 1342/2008 that were identified in the evaluation as problematic, in particular: · the changes to Article 4 (Calculation of fishing effort) aim at closing the unintended possibility for Member States to deploy higher levels of effort than the plan was meant to allow simply by changing the methods used for the calculation of effort when establishing the baselines and when calculating usage; · Article 9 (Special procedure for setting TACs) defines a procedure for TAC setting in the absence of the necessary information to apply Article 7 or 8. Instead of automatic reductions of 25% it is proposed to take a case-by-case, and therefore a more flexible, approach though remaining firmly based on available scientific advice; · instead of exempting groups of vessels specified by each Member State, exemptions are now based on criteria that would be generally applicable for any vessels that meet them, regardless of the Member State to which they belong. The amended Article also avoids the need for constant adjustments of the baseline by Council; · transitional measures will ensure that vessels groups already excluded will be subject to the criteria in force at the time of exclusion; · vessels involved in the fully documented fishery trials, where all catches are counted against quota, are exempted from fishing effort regime; · a new proposal foresees the possibility for the Council to decide not to apply further fishing effort reductions, once the fishing-effort ceiling has been reduced for four consecutive years; · it is now made clear that the condition that cod catch are less than 5 % of the total refers to the catch composition over the management period, not per trip; · in Article 14, the Member State obligation to address the discard issue is strengthened since it is not the case under the current ruling, and level of control and monitoring is specified according to risk-based management; · the Committee procedure is brought into line with the rules of the Treaty on the Functioning of the European Union and Regulation (EU) No 182/2011. BUDGETARY IMPLICATION: the proposal has no implications for the EU budget.
- DG {'url': 'http://ec.europa.eu/dgs/maritimeaffairs_fisheries/', 'title': 'Maritime Affairs and Fisheries'}, DAMANAKI Maria
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COM(2012)0498
summary
Documents
- Legislative proposal published: COM(2012)0498
- Committee report tabled for plenary, 1st reading/single reading: A7-0146/2013
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0244/2013
Amendments | Dossier |
25 |
2012/0236(COD)
2013/02/27
PECH
25 amendments...
Amendment 11 #
Proposal for a regulation – amending act Recital 2 (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.
Amendment 12 #
Proposal for a regulation – amending act Recital 3 a (new) (3 a) 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.
Amendment 13 #
Proposal for a regulation – amending act Recital 5 (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
Amendment 14 #
Proposal for a regulation – amending act Recital 8 (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.
Amendment 15 #
Proposal for a regulation – amending act Article 1 – point 1 Regulation (EC) 1342/2008 Article 4 – paragraph 2 2.
Amendment 16 #
Proposal for a regulation – amending act Article 1 – point 1 Regulation (EC) 1342/2008 Article 4 – paragraph 2 2.
Amendment 17 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) 1342/2008 Article 9 – paragraph 1 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
Amendment 18 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) 1342/2008 Article 9 – paragraph 2 – point a (a) a 25 % reduction compared to the TAC in the previous year, together with other appropriate measures.
Amendment 19 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) 1342/2008 Article 9 – paragraph 2 – subparagraph 2 Amendment 20 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) 1342/2008 Article 9 – paragraph 2 –point b Amendment 21 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) 1342/2008 Article 9 – paragraph 3 a (new) 3a. In order to obtain sustainable fishing mortality rates, based on scientific advice, a gradual elimination of discards shall be implemented. Selective gears measures shall be introduced by Member States with financial support from the European Maritime and Fisheries Fund. Member States shall consult the North Sea Advisory Council as well as ICES and/or STEFC and relevant stakeholders on the measures to be adopted.
Amendment 22 #
Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No1342/2008 Article 11 a – paragraph 1 – point c (c)
Amendment 23 #
Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No 1342/2008 Article 11a – paragraph 1 – point c c. during that trip the fishing vessel concerned has on
Amendment 24 #
Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) 1342/2008 Article 11 a – paragraph 1 – point c (c)
Amendment 25 #
Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No1342/2008 Article 11 a – paragraph 1 – c a (new) (c a) the fishing activities of the vessel or group of vessels result in cod catches of less than 1.5% of the total catches measured by weight.
Amendment 26 #
Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) 1342/2008 Article 11 a – paragraph 1 – point c a (new) (c a) the fishing activities of the vessel or group of vessels result in cod catches of less than 1.5% of the total annual catches measured by weight.
Amendment 27 #
Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No1342/2008 Article 11 d – titre Amendment 28 #
Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No1342/2008 Article 11 d – introduction Exclusions from the fishing effort regime that were already in force prior to
Amendment 29 #
Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No1342/2008 Article 11 d – introduction Exclusions from the fishing effort regime that were already in force prior to
Amendment 30 #
Proposal for a regulation – amending act Article 1 – point 5 – point a Regulation (EC) No 1342/2008 Article 12 – paragraph 4 Amendment 31 #
Proposal for a regulation – amending act Article 1 – point 5 a (new) Regulation (EC) No1342/2008 Article 12 a (new) (5a) The following Article is inserted: 'Article 12 a In order to obtain sustainable fishing mortality rates, based on scientific advice, a gradual elimination of discards shall be implemented. Selective gears measures shall be introduced by Member States with financial support from the European Maritime and Fisheries Fund. Member States shall consult the North Sea Advisory Council as well as ICES and/or STEFC and relevant stakeholders on the measures to be adopted.'
Amendment 32 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No1342/2008 Article 14 – paragraph 5 5. Where the scientific data indicate that
Amendment 33 #
Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No1342/2008 Article 14 – paragraph 5 5. Where the scientific data indicate that more than 10 % of the total
Amendment 34 #
Proposal for a regulation – amending act Article 1 – point 7 a (new) Regulation (EC) No1342/2008 Article 16 – paragraph 3 (7 a) In Article 16(3): The words "in 2009" are deleted where they first appear.
Amendment 35 #
Proposal for a regulation – amending act Article 1 – point 7 b (new) Regulation (EC) No1342/2008 Article 17 – paragraph 3 (7b) In Article 17, paragraph 3 shall be replaced by the following: 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 European regulations on the use of fishing gear.'
source: PE-506.056
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History
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The European Parliament adopted by 592 votes to 71, with 15 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks. The European Parliaments position adopted at first reading according to the ordinary legislative procedure amends the Commissions proposal as follows: Incentive measures: Members consider that other measures than automatic reduction of TAC and fishing effort are useful in order to obtain the targets set in this plan. Thus, 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. Time at sea: an amendment seeks to allow the development of alternative methods of accounting for time at sea (i.e. soak time for gill netters, etc.) that may better incentivise cod avoidance behaviour. Member States should calculate days present within an area in accordance with Regulation (EC) No 1224/2009 establishing a Community fisheries control system. Procedure for setting TACs: 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. Another proposed amendment should help to avoid automatic reductions in the absence of reliable scientific information. Implementation of a gradual elimination of discards: a new article stipulates that in order to obtain sustainable fishing mortality rates, based on scientific advice, a gradual elimination of discards should be implemented. Selective gears and other measures for this purpose should be introduced by Member States with financial support from the European Maritime and Fisheries Fund. Member States should consult the relevant Regional Advisory Council as well as ICES and/or STEFC and relevant stakeholders on the measures to be adopted. Exclusion from the fishing effort regime in certain areas, certain depths or using certain gear: Members consider partial exemption from effort would be appropriate in a mixed fisheries context where vessels often have quota to catch cod. Furthermore, once STEFC approve a gear or area, submitted by a Member State, it should become available for use by all Member States. Adjustment of the baseline used to calculate the maximum allowable fishing effort: in order to ensure the continued innovation of gear selectivity the baseline should be altered annually. Exclusion of vessels participating in trials: the Commission proposal stipulates that the transfers of quotas of cod to vessels outside the fishing effort management system or from these vessels are forbidden. According to Parliament, the risk related to discarding of cod by vessels not participating in trials of fully documented fisheries is has not been proven. As a result, Parliament considers that it is not appropriate to present proposal in the absence of scientific data. Member States obligations: the Commissions proposal provided that where the scientific data indicate that more than 10% of the total cod catches for a particular effort group consist of discards, the Member State concerned shall take immediate measures to minimise cod discards. Parliament, for its part, considers that such measures should be taken where the scientific data indicate that, for a particular gear, large volumes of cod are discarded throughout the management period. Transfer of the fishing effort: the objective of the existing measure is to ensure that the constant effort of the different types of gear is maintained. Now, by changing gear group, a vessel could see the volume of its effort reduced. This is why Members propose introducing the possibility for such vessels to transfer their fishing effort without being discouraged from doing so and penalised. New
PURPOSE: to amend Council Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks in the light of the evaluation of the plan carried out by the Scientific, Technical and Economic Committee for Fisheries (STECF). PROPOSED ACT: Regulation of the European Parliament and of the Council. CONTEXT: the scientific evaluation of the effectiveness of Council Regulation (EC) No 1342/2008, carried out in 2011, stated that the cod plan has not achieved its objectives and that they are unlikely to be achieved by 2015. Furthermore, the report revealed that there are flaws in the design of the Regulation and problems with its implementation. The Commission is proposing an amendment to the Regulation in the light of this advice and of the opinions received from Regional Advisory Councils (RACs) and the Member States. The proposal for the amendment of the Regulation does not cover all the problems identified since this amendment is intended as an interim solution pending the development and implementation of a mixed-fishery plan for North Sea fisheries as anticipated in the reform. IMPACT ASSESSMENT: the proposal was drawn up on the basis of consultations with the Member States and stakeholders. LEGAL BASE: Article 43(2) of the Treaty on the Functioning of the European Union (TFEU). CONTENTS: the main legal action is as far as possible to improve and clarify the provisions of the Regulation (EC) No 1342/2008 that were identified in the evaluation as problematic, in particular: · the changes to Article 4 (Calculation of fishing effort) aim at closing the unintended possibility for Member States to deploy higher levels of effort than the plan was meant to allow simply by changing the methods used for the calculation of effort when establishing the baselines and when calculating usage; · Article 9 (Special procedure for setting TACs) defines a procedure for TAC setting in the absence of the necessary information to apply Article 7 or 8. Instead of automatic reductions of 25% it is proposed to take a case-by-case, and therefore a more flexible, approach though remaining firmly based on available scientific advice; · instead of exempting groups of vessels specified by each Member State, exemptions are now based on criteria that would be generally applicable for any vessels that meet them, regardless of the Member State to which they belong. The amended Article also avoids the need for constant adjustments of the baseline by Council; · transitional measures will ensure that vessels groups already excluded will be subject to the criteria in force at the time of exclusion; · vessels involved in the fully documented fishery trials, where all catches are counted against quota, are exempted from fishing effort regime; · a new proposal foresees the possibility for the Council to decide not to apply further fishing effort reductions, once the fishing-effort ceiling has been reduced for four consecutive years; · it is now made clear that the condition that cod catch are less than 5 % of the total refers to the catch composition over the management period, not per trip; · in Article 14, the Member State obligation to address the discard issue is strengthened since it is not the case under the current ruling, and level of control and monitoring is specified according to risk-based management; · the Committee procedure is brought into line with the rules of the Treaty on the Functioning of the European Union and Regulation (EU) No 182/2011. BUDGETARY IMPLICATION: the proposal has no implications for the EU budget. |
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PURPOSE: to amend Council Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks in the light of the evaluation of the plan carried out by the Scientific, Technical and Economic Committee for Fisheries (STECF). PROPOSED ACT: Regulation of the European Parliament and of the Council. CONTEXT: the scientific evaluation of the effectiveness of Council Regulation (EC) No 1342/2008, carried out in 2011, stated that the cod plan has not achieved its objectives and that they are unlikely to be achieved by 2015. Furthermore, the report revealed that there are flaws in the design of the Regulation and problems with its implementation. The Commission is proposing an amendment to the Regulation in the light of this advice and of the opinions received from Regional Advisory Councils (RACs) and the Member States. The proposal for the amendment of the Regulation does not cover all the problems identified since this amendment is intended as an interim solution pending the development and implementation of a mixed-fishery plan for North Sea fisheries as anticipated in the reform. IMPACT ASSESSMENT: the proposal was drawn up on the basis of consultations with the Member States and stakeholders. LEGAL BASE: Article 43(2) of the Treaty on the Functioning of the European Union (TFEU). CONTENTS: the main legal action is as far as possible to improve and clarify the provisions of the Regulation (EC) No 1342/2008 that were identified in the evaluation as problematic, in particular: · the changes to Article 4 (Calculation of fishing effort) aim at closing the unintended possibility for Member States to deploy higher levels of effort than the plan was meant to allow simply by changing the methods used for the calculation of effort when establishing the baselines and when calculating usage; · Article 9 (Special procedure for setting TACs) defines a procedure for TAC setting in the absence of the necessary information to apply Article 7 or 8. Instead of automatic reductions of 25% it is proposed to take a case-by-case, and therefore a more flexible, approach though remaining firmly based on available scientific advice; · instead of exempting groups of vessels specified by each Member State, exemptions are now based on criteria that would be generally applicable for any vessels that meet them, regardless of the Member State to which they belong. The amended Article also avoids the need for constant adjustments of the baseline by Council; · transitional measures will ensure that vessels groups already excluded will be subject to the criteria in force at the time of exclusion; · vessels involved in the fully documented fishery trials, where all catches are counted against quota, are exempted from fishing effort regime; · a new proposal foresees the possibility for the Council to decide not to apply further fishing effort reductions, once the fishing-effort ceiling has been reduced for four consecutive years; · it is now made clear that the condition that cod catch are less than 5 % of the total refers to the catch composition over the management period, not per trip; · in Article 14, the Member State obligation to address the discard issue is strengthened since it is not the case under the current ruling, and level of control and monitoring is specified according to risk-based management; · the Committee procedure is brought into line with the rules of the Treaty on the Functioning of the European Union and Regulation (EU) No 182/2011. BUDGETARY IMPLICATION: the proposal has no implications for the EU budget. New
PURPOSE: to amend Council Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks in the light of the evaluation of the plan carried out by the Scientific, Technical and Economic Committee for Fisheries (STECF). PROPOSED ACT: Regulation of the European Parliament and of the Council. CONTEXT: the scientific evaluation of the effectiveness of Council Regulation (EC) No 1342/2008, carried out in 2011, stated that the cod plan has not achieved its objectives and that they are unlikely to be achieved by 2015. Furthermore, the report revealed that there are flaws in the design of the Regulation and problems with its implementation. The Commission is proposing an amendment to the Regulation in the light of this advice and of the opinions received from Regional Advisory Councils (RACs) and the Member States. The proposal for the amendment of the Regulation does not cover all the problems identified since this amendment is intended as an interim solution pending the development and implementation of a mixed-fishery plan for North Sea fisheries as anticipated in the reform. IMPACT ASSESSMENT: the proposal was drawn up on the basis of consultations with the Member States and stakeholders. LEGAL BASE: Article 43(2) of the Treaty on the Functioning of the European Union (TFEU). CONTENTS: the main legal action is as far as possible to improve and clarify the provisions of the Regulation (EC) No 1342/2008 that were identified in the evaluation as problematic, in particular: · the changes to Article 4 (Calculation of fishing effort) aim at closing the unintended possibility for Member States to deploy higher levels of effort than the plan was meant to allow simply by changing the methods used for the calculation of effort when establishing the baselines and when calculating usage; · Article 9 (Special procedure for setting TACs) defines a procedure for TAC setting in the absence of the necessary information to apply Article 7 or 8. Instead of automatic reductions of 25% it is proposed to take a case-by-case, and therefore a more flexible, approach though remaining firmly based on available scientific advice; · instead of exempting groups of vessels specified by each Member State, exemptions are now based on criteria that would be generally applicable for any vessels that meet them, regardless of the Member State to which they belong. The amended Article also avoids the need for constant adjustments of the baseline by Council; · transitional measures will ensure that vessels groups already excluded will be subject to the criteria in force at the time of exclusion; · vessels involved in the fully documented fishery trials, where all catches are counted against quota, are exempted from fishing effort regime; · a new proposal foresees the possibility for the Council to decide not to apply further fishing effort reductions, once the fishing-effort ceiling has been reduced for four consecutive years; · it is now made clear that the condition that cod catch are less than 5 % of the total refers to the catch composition over the management period, not per trip; · in Article 14, the Member State obligation to address the discard issue is strengthened since it is not the case under the current ruling, and level of control and monitoring is specified according to risk-based management; · the Committee procedure is brought into line with the rules of the Treaty on the Functioning of the European Union and Regulation (EU) No 182/2011. BUDGETARY IMPLICATION: the proposal has no implications for the EU budget. |
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CELEX:52012AE2102:EN
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Economic and Social Committee
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http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=498New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0498/COM_COM(2012)0498_EN.pdf |
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2012-10-09T00:00:00
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