(1)

To avoid any ambiguity and ensure consistency with international commitments of the Union for achieving a maximum sustainable yield for depleted stocks, the objectives of the multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, established by Council Regulation (EC) No 1098/2007 (3), should be clarified accordingly.

(2)

Regulation (EC) No 1098/2007 provides for the follow-up and revision of the minimum fishing mortality rates specified therein in the case of the inadequacy of those rates to meet the objectives of that plan.

(3)

In accordance with Article 290 of the Treaty the Commission may be empowered to supplement or amend non-essential elements of a legislative act by means of delegated acts. [Am. 1]

(4)

In order to achieve in an efficient way the targets set out in Regulation (EC) No 1098/2007 and be able to react swiftly to changes in stock conditions or in fishery, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the revision of the minimum with regard to setting the periods when fishing mortality rates, when scientific data indicate that the rates are no longer appropriate and measures are not sufficient to reach the objectives of the plan with certain types of gear is allowed in respect of certain geographical areas . It is of particular importance that the Commission carry out appropriate consultations with the Baltic Sea Regional Advisory Council and relevant stakeholders during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 2]

(6)

In order to ensure uniform conditions for the implementation of Article 29 of Regulation (EC) No 1098/2007, implementing powers should be conferred upon the Commission. 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) . [Am. 3]

(7)

To ensure the efficiency of an evaluation of the plan's performance the timeline of evaluation provided for in Regulation (EC) No 1098/2007 should be modified.

(8)

In addition, the decision making procedure concerning the setting of fishing opportunities referred to in Regulation (EC) No 1098/2007 should be clarified following the entry into force of the Treaty on the Functioning of the European Union.

(9)

The proposed amendments are therefore primarily aimed at changes enabling the plan to work efficiently within the new decisional framework set up by the Lisbon Treaty.

(10)

Regulation (EC) No 1098/2007 should therefore be amended accordingly,

(1)

Article 4 is replaced by the following:

‘Article 4

Objective and targets

The plan shall ensure the sustainable exploitation of the cod stocks concerned on the basis of maximum sustainable yield by gradually reducing and maintaining the fishing mortality rates at levels no lower higher than: [Am. 4]

(2)

In Article 5, paragraph 1 is replaced by the following:

‘1.   Each year the Council shall decide in accordance with the Treaty on the TACs for the cod stocks concerned for the following year.’[Am. 6]

(3)

Article 8 is amended as follows:

(4)

Article 26 is replaced by the following:

‘Article 26

Evaluation of the plan

Every five years from 18 September 2007, the Commission shall evaluate the operation and performance of this multi-annual plan. For the purpose of this evaluation, the Commission shall seek the advice of STECF and of the Baltic Sea Regional Advisory Council. Where appropriate necessary , the Commission may propose adaptations to shall submit appropriate proposals, for adoption in accordance with the ordinary legislative procedure, for the amendment of the multi-annual plan or adopt delegated acts in accordance with Article 27.’[Am. 10]

(5)

Article 27 is replaced by the following:

‘Article 27

Revision of minimum fishing mortality rates

Where the Commission shall be empowered to adopt delegated acts finds that the target fishing mortality rates set out in Article 4 are no longer appropriate to achieve the objectives of the management plan, the Commission shall, on the basis of advice from STECF and after consulting the Baltic Sea Regional Advisory Council and relevant stakeholders, submit a proposal, for adoption in accordance with Article 29a to revise the minimum the ordinary legislative procedure, for the revision of the target fishing mortality rates set out in Article 4.when scientific data indicates that the values for the minimum fishing mortality rates are disaccording with the objectives of the management plan.’[Am. 11]

(6)

In Article 29 paragraphs 2, 3 and 4 are replaced by the following:

‘2.   Article 8(1)(b), (3), (4) and (5) shall not apply to ICES Subdivisions 27 and/or 28.2 if there is evidence that catches of cod in those ICES Subdivisions are lower than 3 % of the total catches of cod in Area B. The Commission shall be empowered to adopt, each year, by means of implementing acts and on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, confirm , on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, delegated acts, in accordance with Article 29a, confirming whether such evidence exists and, consequently, whether the restrictions provided for in Article 8(1)(b), (3), (4) and (5) apply in the subdivisions concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29b(2). [Am. 12]

3.   Article 8(1)(b), (3), (4) and (5) shall only apply to ICES Subdivision 28.1, if there is evidence that the catches of cod are higher than 1,5 % of the total catches of cod in Area B. The Commission shall be empowered to adopt, each year, by means of implementing acts and on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, confirm on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, delegated acts, in accordance with Article 29a, confirming whether such evidence exists and, consequently, whether the restrictions provided for in Article 8(1)(b), (3), (4) and (5) apply in the subdivision concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29b(2). [Am. 13]

4.   The implementing delegated acts referred to in paragraphs 2 and 3 shall apply from 1 January to 31 December of the following year.’[Am. 14]

(7)

The following Chapter is inserted:

‘Chapter VIa

Article 29a

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 delegation of power to adopt delegated acts referred to in Articles 26 and 27 Article 8(3) and Article 29(2) and (3 ) shall be conferred on the Commission for an indeterminate a period of time 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. 15]

3.   The delegation of power referred to in Articles 26 and 27 Article 8(3) and Article 29(2) and (3) may be revoked at any time by the European Parliament or by the Council. A decision to revocation 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. 16]

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 Articles 26, and 27 Article 8(3) and Article 29(2) and (3) 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.

“Article 29b

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.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.” [Am. 17]

Article 29c

Council decisions

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