(1)

Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004 (3) empowers the Council to monitor and revise the maximum fishing mortality rates and the associated spawning stock biomass levels specified therein . [Am. 1]

(3)

In order to amend or supplement non-essential elements of the provisions of Regulation (EC) No 1342/2008, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the following:

(4)

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission should, when preparing and drawing up delegated acts, ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.

(6)

In order to ensure uniform conditions for the implementation of Regulation (EC) No 1342/2008, implementing powers should be conferred on the Commission in respect of detailed rules on the procedure and format for transmitting the information required under this Regulation to the Commission, and the format of the special fishing permit and of the list of vessels holding such special permit. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (4).

(8)

Regulation (EC) No 1342/2008 should therefore be amended accordingly,

(-1)

In Article 8, paragraph 6 is replaced by the following:

‘6.     Where the cod stock referred to in paragraph 1 has been exploited at a fishing mortality rate close to 0,4 during three successive years, the Commission shall evaluate the application of this Article. Where necessary, the Commission shall make appropriate proposals, for adoption in accordance with the ordinary legislative procedure, for the amendment of the long-term plan, in order to ensure exploitation at maximum sustainable yield.’. [Am. 5]

(1)

In Article 10, paragraph 1 is replaced by the following:

‘1.   The Commission shall adopt delegated acts, in accordance with Article 31a , fixing new values for the levels set out in Article 5(2), Article 6 and Article 7(2), when the target fishing mortality rate set out in Article 5(2) has been reached or where the Commission, on the basis of advice from STECF and, where appropriate, other scientific data , and after consulting fully with the relevant Regional Advisory Council, finds that that target, or the minimum and precautionary spawning biomass levels established in Article 6, or the levels of fishing mortality rates given in Article 7(2), are no longer appropriate in order to maintain a low risk of stock depletion and a maximum sustainable yield.’. [Am. 6]

(2)

Article 11 is amended as follows:

(2a)

In Article 13, paragraph 7 is replaced by the following:

‘7.     The Commission shall request STECF to compare annually the reduction in cod mortality which would result from the application of point (c) of paragraph 2 with the reduction it would have expected to occur as a result of the effort adjustment referred to in Article 12(4). In light of this advice, the Commission shall, where necessary, make appropriate proposals for the adjustment to the fishing effort that may be applied for the relevant gear grouping the following year . ’. [Am. 7]

(3)

In Article 14 the following paragraph is added:

‘5.   Member States shall keep the Commission informed of the basis for calculating the maximum fishing capacity referred to in paragraph 3 and of any adjustments due to permanent cessation of fishing activities and capacity transfers pursuant to Article 16(3).’.

(4)

The following article is inserted:

‘Article 14a

Commission’s powers

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 31a in order to specify the rules concerning the method for calculating the fishing capacity referred to in Article 14(3) and adjusting the maximum capacity levels due to permanent cessation of fishing activities and capacity transfers pursuant to Article 16(3).

2.   The Commission may adoptimplementing acts laying down detailed rules concerning the following:

Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32(2).’.

(5)

In Article 16 the following paragraphs are inserted:

‘4.   Member States shall keep the Commission informed of any adaptations of effort in accordance with this Article.

5.   The Commission shall be empowered to adopt delegated acts in accordance with Article 31a to lay down rules concerning the calculation method enabling Member States to adapt the maximum allowable fishing effort in relation to quota management.

6.   The Commission may adopt implementing acts laying down detailed rules concerning the procedure and format for the transmission of the information referred to in paragraph 4. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32(2).’.

(6)

In Article 17 the following paragraphs are inserted:

‘6.   Member States shall keep the Commission informed of any adaptations of effort in accordance with this Article.

7.   The Commission shall be empowered to adopt delegated acts in accordance with Article 31a to lay down rules concerning the calculation method enabling Member States to adapt the maximum allowable fishing effort following transfer of effort across effort groups.

8.   The Commission may adopt implementing acts laying down detailed rules concerning the procedure and format for the transmission of the information referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32(2).’.

(7)

Article 30 is replaced by the following:

‘Article 30

Decision-making procedure

Where this Regulation provides for decisions to be taken by the Council, the Council shall act in accordance with the Treaty.’.

(8)

In Article 31, the introductory phrase is replaced by the following:

‘The Commission shall be empowered to adopt delegated acts, in accordance with Article 31a, to amend Annex I to this Regulation on the basis of the following principles:’.

(9)

The following article is inserted:

‘Article 31a

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 10(1), Article 11(4), Article 14a(1) , Article 16(5), Article 17(7) and Article 31 shall be conferred on the Commission for a period of three years from …  (5) . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period . [Am. 8]

3.   The delegation of power referred to in Article 10(1), Article 11(4), Article 14a(1) , Article 16(5), Article 17(7) and Article 31 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. not concerning all languages]

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 10(1), Article 11(4), Article 14a(1) , Article 16(5), Article 17(7) or Article 31 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’. [Am. not concerning all languages]

(5)   Date of entry into force of this Regulation. "

(10)

Article 32 is replaced by the following:

‘Article 32

Committee procedure

1.   The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 30 of Regulation (EC) No 2371/2002. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (6).

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

(6)  OJ L 55, 28.2.2011, p. 13.’."

(11)

Article 34 is replaced by the following:

‘Article 34

Review

1.     The Commission shall, on the basis of advice from STECF and after consultation of the relevant Regional Advisory Council, evaluate the impact of the management measures on the cod stocks concerned and the fisheries on those stocks, at the latest in the third year of application of this Regulation and then each third successive year of its application. Where necessary, the Commission shall make appropriate proposals, for adoption in accordance with the ordinary legislative procedure, for the amendment of the long-term plan.

2.     Paragraph 1 shall be without prejudice to the delegation of power in this Regulation.’. [Am. 11]