This document is an excerpt from the EUR-Lex website
Document 52014AP0083
P7_TA(2014)0083 Compliance with the rules of the Common Fisheries Policy ***I European Parliament legislative resolution of 5 February 2014 on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (COM(2013)0009 — C7-0019/2013 — 2013/0007(COD)) P7_TC1-COD(2013)0007 Position of the European Parliament adopted at first reading on 5 February 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy
P7_TA(2014)0083 Compliance with the rules of the Common Fisheries Policy ***I European Parliament legislative resolution of 5 February 2014 on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (COM(2013)0009 — C7-0019/2013 — 2013/0007(COD)) P7_TC1-COD(2013)0007 Position of the European Parliament adopted at first reading on 5 February 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy
P7_TA(2014)0083 Compliance with the rules of the Common Fisheries Policy ***I European Parliament legislative resolution of 5 February 2014 on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (COM(2013)0009 — C7-0019/2013 — 2013/0007(COD)) P7_TC1-COD(2013)0007 Position of the European Parliament adopted at first reading on 5 February 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy
OJ C 93, 24.3.2017, p. 297–319
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
24.3.2017 |
EN |
Official Journal of the European Union |
C 93/297 |
P7_TA(2014)0083
Compliance with the rules of the Common Fisheries Policy ***I
European Parliament legislative resolution of 5 February 2014 on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (COM(2013)0009 — C7-0019/2013 — 2013/0007(COD))
(Ordinary legislative procedure: first reading)
(2017/C 093/51)
The European Parliament,
— |
having regard to the Commission proposal to Parliament and the Council (COM(2013)0009), |
— |
having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0019/2013), |
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having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
— |
having regard to the opinion of the European Economic and Social Committee of 17 April 2013 (1), |
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having regard to Rule 55 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Fisheries (A7-0468/2013), |
1. |
Adopts its position at first reading hereinafter set out; |
2. |
Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
3. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
(1) OJ C 198, 10.7.2013, p. 71.
P7_TC1-COD(2013)0007
Position of the European Parliament adopted at first reading on 5 February 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Council Regulation (EC) No 1224/2009 (3) confers powers upon the Commission in order to implement some of the provisions of that Regulation. |
(2) |
As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1224/2009 need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU). |
(3) |
In order to develop some of the provisions of Regulation (EC) No 1224/2009, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the following:
|
(4) |
It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level , such as with Regional Advisory Councils . 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 Council. [Am. 2] |
(5) |
In order to ensure uniform conditions for the implementation of Regulation (EC) No 1224/2009, implementing powers should be conferred upon the Commission in accordance with Article 291 TFEU in respect of the following:
Where the control of Member States is required those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4). |
(6) |
As a consequence of the entry into force of the Lisbon Treaty, the provision on emergency measures which foresees a referral of certain Commission measures to the Council under certain conditions needs to be adapted. |
(7) |
As a consequence of the entry into force of the Lisbon Treaty, some provisions conferring decision-making powers upon Council alone need to be adapted to bring them into line with the new procedures applicable to the common fisheries policy. The following provisions of Regulation (EC) No 1224/2009 should therefore be redrafted:
|
(8) |
Regulation (EC) No 1224/2009 should therefore be amended accordingly, |
(8a) |
Since this Regulation aims to align Regulation (EC) No 1224/2009 with the Lisbon Treaty, it is important that the Commission, in its future revision of that Regulation, examines:
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HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1224/2009 is amended as follows:
(1) |
Article 4 is amended as follows:
|
(2) |
in Article 6, paragraph 5 is replaced by the following: ‘5. The flag Member State shall issue, manage and withdraw the fishing licence in accordance with the detailed rules on their validity and the minimum information contained therein, laid down by means of implementing acts. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’ |
(3) |
in Article 7, paragraph 5 is replaced by the following: ‘5. Detailed rules on the validity of fishing authorisations and the minimum information contained therein shall be laid down by means of implementing acts. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). 6. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning rules on the applicability of the fishing authorisation to the conditions for the exemption of small vessels from the obligation to hold fishing authorisations .’[Am. 6] |
(4) |
in Article 8, paragraph 2 is replaced by the following ‘2. The Commission shall be empowered to may adopt delegated implementing acts in accordance with Article 119a concerning marking and identification of fishing vessels, gear and crafts, as regards:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). ’[Am. 7] |
(5) |
Article 9 is amended as follows:
|
(6) |
Article 13 is replaced by the following: ‘Article 13 New technologies 1. Measures imposing the obligation to use electronic monitoring devices and traceability tools such as genetic analysis may be adopted in accordance with the Treaty. In order to assess the technology to be used, Member States, on their initiative or in cooperation with the Commission or the body designated by it, shall carry out pilot projects on traceability tools such as genetic analysis before 1 June 2013. 2. The introduction of other new fisheries control techniques may be decided in accordance with the Treaty and in consultation with the parties concerned, when these technologies lead to improved compliance with the rules of the common fisheries policy in a cost effective way.’[Am. 9] |
(7) |
Article 14 is amended as following:
|
(8) |
Article 15 is amended as following:
|
(9) |
in Article 16, paragraph 2 is replaced by the following: ‘2. For the purposes of the monitoring referred to in paragraph 1, each Member State shall establish a sampling plan based on the methodology adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 119(2) for the definition of vessels groups, risk levels and the estimation of the catch, and transmit it every year by 31 January to the Commission indicating the methods used for the establishment of this plan. The sampling plans shall be, as far as possible, stable over time and standardised within relevant geographical areas.’ |
(10) |
in Article 17, paragraph 6 is replaced by the following: ‘6. The Commission shall be empowered to may adopt delegated implementing acts in accordance with Article 119a, to exempt exempting certain categories of fishing vessels from the obligation set out in paragraph 1 for a limited period, which may be renewed, or make provision for another notification period taking into account, the type of fisheries products and the distance between the fishing grounds, landing places and ports where the vessels in question are registered. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). ’[Am. 10] |
(11) |
Article 21 is amended as follows:
|
(12) |
Article 22 is amended as follows:
|
(13) |
in Article 23, paragraph 5 is replaced by the following: ‘5. The Commission shall lay down detailed rules on
|
(14) |
Article 24 is amended as follows:
|
(15) |
in Article 25, paragraph 2 is replaced by the following: ‘2. For the purposes of the monitoring referred to in paragraph 1, each Member State shall establish a sampling plan based on the methodology adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 119(2) for the definition of vessels groups, risk levels and the estimation of the catch, and transmit it every year by 31 January to the Commission indicating the methods used for the establishment of this plan. The sampling plans shall be, as far as possible, stable over time and standardised within relevant geographical areas.’ |
(16) |
Article 28 is amended as follows:
|
(17) |
Article 32 is deleted. |
(18) |
Article 33 is amended as follows:
|
(19) |
in Article 36, paragraph 2 is replaced by the following: ‘2. On the basis of the information under Article 35 or on its own initiative, where the Commission finds that fishing opportunities available to the Union, a Member State or group of Member States are deemed to have been exhausted, the Commission shall inform the Member States concerned thereof and shall, by means of implementing acts, prohibit fishing activities for the respective area, gear, stock, group of stocks or fleet involved in those specific fishing activities.’ |
(20) |
Article 37 is amended as follows:
|
(21) |
in Article 38, paragraph 2 is replaced by the following: ‘2. The Commission may adopt, by means of implementing acts, detailed rules for the application of this article regarding:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’ |
(22) |
in Article 40, paragraph 6 is replaced by the following: ‘6. The Commission shall lay down detailed rules concerning the certification of propulsion engine power and the physical verification of propulsion engine power by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’ |
(23) |
in Article 41, the introductory phrase of paragraph 1 is replaced by the following: ‘1. Member States shall undertake, following a risk analysis, data verification of the consistency of engine power using all the information available to the administration concerning the technical characteristics of the vessel concerned. That data verification shall be established on the basis of a sampling plan based on the methodology adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 119(2) on high risk criteria, the size of random samples and the technical documents to be verified. Member States shall verify in particular the information contained in:’ |
(24) |
Article 43 is amended as follows:
|
(25) |
in Article 45, paragraph 2 is replaced by the following: ‘2. The relevant threshold and the frequency of the communication of the data referred to in paragraph 1 shall be established in each multiannual plan in accordance with the Treaty.’ |
(26) |
in Article 49, paragraph 2 is replaced by the following: ‘2. Without prejudice to Article 44, the Commission shall be empowered to adopt delegated acts in accordance with Article 119a, to adopt rules concerning the keeping on board of a stowage plan of processed products, indicating by species, where they are located in the hold.’ |
(27) |
in Article 50, paragraphs 1 and 2 are replaced by the following: ‘1. Fishing activities of Union fishing vessels and third country fishing vessels in fishing zones where a fishing restricted area has been established in accordance with the Treaty, shall be controlled by the fisheries monitoring centre of the coastal Member State, which shall have a system to detect and record the vessels' entry into, transit through and exit from the fishing restricted area. 2. In addition to paragraph 1, a date from which the fishing vessels shall have an operational system on board which shall alert the master of the entry and exit into a fishing restricted area shall be established in accordance with the Treaty.’ |
(28) |
Article 51 is amended as follows:
|
(29) |
the following Article is inserted: ‘Article 51a Detailed rules for implementation The Commission may lay down detailed rules concerning the areas of real-time closures, the closure of fisheries and the information on real-time closures by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)’ |
(30) |
Article 52 is replaced by the following: ‘1. Where the quantity of catches exceeds a trigger catch level in two consecutive hauls, the fishing vessel shall change the fishing area by a certain distance, from any position of the previous haul before continuing fishing and shall inform without delay the competent authorities of the coastal Member State. 2. The distance referred to in paragraph 1 shall initially be at least five nautical miles, and two nautical miles for fishing vessels of less than 12 metres overall. 3. The Commission shall be empowered to adopt , on its own initiative or at the request of the Member State concerned, delegated acts in accordance with Article 119a concerning the modification of the distances referred to in paragraphs 1 and 2, taking into account the following elements: [Am. 12]
|
(31) |
in Article 54, paragraph 1 is replaced by the following: ‘1. On the basis of the information demonstrating that a trigger catch level has been reached, the Commission may determine, by means of implementing acts, an area to be temporarily closed if the coastal Member State has not itself established such a closure.’ |
(32) |
in Article 55, paragraph 4 and 5 are replaced by the following: ‘4. On the basis of a scientific evaluation of The Scientific, Technical and Economic Committee for Fisheries (STECF) shall evaluate the biological impact of recreational fisheries as referred to in paragraph 3. Where a recreational fishery is found to have a significant impact, management measures such as fishing authorisations and catch declarations may be adopted in accordance with the Treaty. [Am. 13] 5. The Commission shall lay down detailed rules concerning the establishment of sampling plans as referred to in paragraph 3 and the notification and evaluation of sampling plans by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)’ |
(33) |
Article 58 is amended as follows:
|
(34) |
in Article 59, paragraph 3 is replaced by the following: ‘3. A buyer acquiring fisheries products up to a certain weight threshold which are not thereafter placed on the market but used only for private consumption shall be exempted from this Article. 4. The weight threshold referred to in paragraph 3 shall initially not exceed 30kg per day. 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning the modification of the weight threshold provided for in paragraph 4 taking into account the status of the stock concerned.’ |
(35) |
Article 60 is amended as follows:
|
(36) |
Article 61 is replaced by the following: ‘Article 61 Weighing of fisheries products after transport from the place of landing 1. By way of derogation from Article 60(2), Member States may permit fisheries products to be weighed after transport from the place of landing provided that they are transported to a destination on the territory of the Member State concerned and that that Member State has adopted a control plan approved by the Commission by means of an implementing act. That control plan shall be based on a risk-based methodology for the determination of the size of the samples, levels of risk, risk criteria and the content of control plans. The Commission shall adopt this sampling methodology by means of implementing acts in accordance with the examination procedure referred to in Article 119(2). 2. By way of derogation from paragraph 1, the competent authorities of the Member State in which the fisheries products are landed may permit the transport before weighing of these products to registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fisheries products in another Member State. That permission shall be subject to a common control programme between the Member States concerned as referred to in Article 94, which has been approved by the Commission by means of an implementing act. That common control programme shall be based on a risk-based methodology for the determination of the size of the samples, levels of risk, risk criteria and the content of control plans. The Commission shall adopt this sampling methodology by means of implementing acts in accordance with the examination procedure referred to in Article 119(2).’ |
(37) |
in Article 64, paragraph 2 is replaced by the following: ‘2. "The Commission shall lay down detailed rules concerning the indication of individuals, the type of presentation and the indication of the price in sales notes, and the formats of sales notes by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)’ |
(38) |
Article 65 is replaced by the following: ‘Article 65 Exemptions from sales notes requirements 1. An exemption from the obligation to submit the sales note to the competent authorities or other authorised bodies of the Member State for fisheries products landed from certain categories of Union fishing vessels referred to in Articles 16 and 25 or for small quantities landed of fisheries products may be granted. That small quantity shall initially not exceed 50 kg of live weight equivalent by species. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a to grant such exemptions and adapt the small quantities taking into account the status of the stock concerned. 2. A buyer acquiring products up to a certain weight threshold which is not thereafter placed on the market but used only for private consumption shall be exempted from the provisions laid down in Articles 62, 63 and 64. That weight threshold shall initially not exceed 30 kg. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning the modification of that weight threshold taking into account the status of the stock concerned.’ |
(39) |
in Article 71, paragraph 5 is replaced by the following: ‘5. The Commission shall determine the format of the surveillance report by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’ |
(40) |
Article 73 is amended as follows:
|
(41) |
in Article 74, paragraph 6 is replaced by the following: ‘6. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning the methodology and the conduct of an inspection including:
|
(42) |
in Article 75, paragraph 2 is replaced by the following: ‘2. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning the obligations of the operator and of the master during inspections.’ |
(43) |
in Article 76, paragraph 4 is replaced by the following: ‘4. The Commission shall lay down detailed rules concerning common rules on content of inspection reports, the completion of inspection reports and on the transmission of a copy of the inspection report to the operator by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’ |
(44) |
in Article 78, paragraph 2 is replaced by the following: ‘2. The Commission shall lay down detailed rules concerning the operation of the electronic database and the access of the Commission to it by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’ |
(45) |
Article 79 is replaced by the following: ‘Article 79 Union inspectors 1. The Commission shall establish a list of Union inspectors by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). 2. Without prejudice to the primary responsibility of the coastal Member States, Union inspectors may carry out inspections in accordance with this Regulation in Union waters, and on Union fishing vessels outside Union waters. 3. Union inspectors may be assigned for:
4. For the accomplishment of their tasks and subject to paragraph 5, Union inspectors shall have access without delay to:
5. Union inspectors shall have no police and enforcement powers beyond the territory of their Member State of origin, or outside the Union waters under the sovereignty and jurisdiction of their Member State of origin. 6. When assigned as Union inspectors, officials of the Commission or of the body designated by it shall have no police and enforcement powers. 7. The Commission shall lay down detailed rules concerning:
|
(46) |
in Article 88, paragraph 2 is replaced by the following: ‘2. After consulting the two Member States concerned, the Commission shall, by means of implementing acts, fix the quantities of fish to be set against the quota of the Member State of landing or transhipment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’ |
(47) |
in Article 92, paragraph 5 is replaced by the following: ‘5. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning:
5a. The Commission shall lay down detailed rules concerning
|
(48) |
in Article 95, paragraph 1 is replaced by the following: ‘1. Certain fisheries may be subject to specific control and inspection programmes. The Commission may, by means of implementing acts, and in concert with the Member States concerned, determine which fisheries shall be subject to the specific control and inspection programmes on the basis of the need for specific and coordinated control of the fisheries in question. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’ |
(49) |
in Article 102, paragraphs 3 and 4 are replaced by the following: ‘3. The Member States concerned shall inform the Commission of the results of the inquiry and forward a report to the Commission drawn up not more than three months after the Commission’s request. This period may be extended by the Commission, by means of implementing acts, on a duly reasoned request from the Member State, for a reasonable delay. 4. If the administrative inquiry referred to in paragraph 2 does not lead to the removal of the irregularities or if the Commission identifies shortcomings in the control system of a Member State during the verifications or autonomous inspections referred to in Articles 98 and 99 or in the audit referred to in Article 100, the Commission shall, by means of implementing acts, establish an action plan with that Member State. The Member State shall take all necessary measures to implement that action plan.’ |
(50) |
Article 103 is amended as follows:
|
(51) |
Article 104 is amended as follows:
|
(52) |
Article 105 is amended as follows:
|
(53) |
Article 106 is amended as follows:
|
(54) |
Article 107 is amended as follows:
|
(55) |
in Title XI, Chapter IV is replaced by the following: ‘CHAPTER IV Temporary measures Article 108 Temporary measures 1. If there is evidence, including based on the results of the sampling carried out by the Commission, that fishing activities and/or measures adopted by a Member State or Member States undermine the conservation and management measures adopted in the framework of multiannual plans or threaten the marine eco-system and this requires immediate action, the Commission, upon a reasoned request of a Member State or on its own initiative, may decide, by means of implementing acts, on temporary measures which shall last not more than six months. 2. The temporary measures provided for in paragraph 1 shall be proportionate to the threat and may include, inter alia:
3. The Member State shall communicate the reasoned request referred to in paragraph 1 simultaneously to the Commission, to the other Member States and to the Advisory Councils concerned.’ |
(56) |
in Article 109, paragraph 8 is replaced by the following: ‘8. Member States shall establish a national plan for the implementation of the validation system covering the data listed under points (a) and (b) of paragraph 2 and to ensure the follow-up of inconsistencies. The plan shall allow Member States to make priorities for the validation and cross-checks and subsequent follow-up on inconsistencies based on risk management. The plan shall be submitted to the Commission for approval by 31 December 2011. The Commission shall, by means of implementing acts, approve the plans before 1 July 2012 having allowed for the Member States to make corrections. Amendments to the plan shall be submitted to the Commission on an annual basis for approval. The Commission shall approve the amendments to the plan by means of implementing acts.’ |
(57) |
in Article 110, paragraph 3 is replaced by the following: ‘3. Without prejudice to paragraphs 1 and 2, Member States may until 30 June 2012 carry out pilot project(s) with the Commission or the body designated by it to provide real-time remote access to Member States data on fishing opportunities recorded and validated according to this Regulation. When both the Commission and the Member State concerned are satisfied with the outcome of the pilot project, and as long as the remote access is functioning as agreed, the Member State concerned shall no longer be obliged to report on fishing opportunities as described in Article 33(2) and (8). The data access format and procedures shall be considered and tested. Member States shall inform the Commission before 1 January 2012 if they plan to carry out pilot project(s). As from 1 January 2013, rules on a different way and frequency of data transmission by Member States to ensure real time access may be decided in accordance with the Treaty.’ |
(58) |
in Article 111, paragraph 3 is deleted. |
(59) |
the following Article is inserted before the heading of Chapter II: ‘Article 111a Detailed rules for the implementation of provisions on data The Commission shall, by means of implementing acts, lay down detailed rules on checking the quality, compliance with deadlines for submission of data, cross-checks, analysis, verification of the data and on establishing a standardised format for the download and exchange of data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’ |
(60) |
in Article 114, paragraph 1 is replaced by the following: ‘1. For the purpose of this Regulation each Member State shall set up before 1 January 2012 at the latest an official website accessible via Internet and containing the information listed in Articles 115 and 116. Member States shall communicate the Internet address of their official website to the Commission. The Commission may decide to develop, by means of implementing acts, common standards and procedures to ensure transparent communication between the Member States themselves as well as between the Member States, the t body designated by it and the Commission, including transmission of regular snapshots on records of fishing activities in relation to fishing possibilities.’ |
(61) |
in Article 116, paragraph 6 is deleted. |
(62) |
the following Article is inserted before Title XIII: ‘Article 116a Detailed rules for implementation of provisions on websites and web services The Commission shall lay down detailed rules concerning the operation of websites and web services by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)’ |
(63) |
in Article 117, paragraph 4 is replaced by the following: ‘4. The Commission shall be empowered to adopt, by means of implementing acts, rules on mutual assistance concerning:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’ |
(64) |
in Article 118, paragraph 5 is replaced by the following: ‘5. The Commission shall lay down detailed rules concerning the content and the format of the reports by Member States, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’ |
(65) |
Article 119 is replaced by the following: ‘Article 119 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.’ |
(66) |
the following Article is inserted: ‘Article 119a 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 powers power to adopt delegated acts referred to in Articles 7(6), 8(2), 9(10), 14(11), 15(9), 17(6), 21(6), 22(7), 49(2), 51(1), 52(3), 58(10), 58(11), 59(5), 60(7), 65(1), 65(2), 73(9), 74(6), 75(2), 92(5a), and 107(4) shall be conferred on the Commission for an indeterminate a period of time three years from … (*1). 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. In that report, the Commission shall evaluate the effectiveness of the acts adopted in the light of the objectives of this Regulation and the Common Fisheries Policy, to ensure, in particular, that the control is carried out fairly, for example by using comparative indicators. 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 powers referred to in Articles 7(6), 14(11), 15(9), 21(6), 22(7), 49(2), 51(1), 52(3), 58(10), 58(11), 59(5), 60(7), 65(1), 65(2), 73(9), 74(6), 75(2), 92(5a), and 107(4) may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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. 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 7(6), 14(11), 15(9), 21(6), 22(7), 49(2), 51(1), 52(3), 58(10), 58(11), 59(5), 60(7), 65(1), 65(2), 73(9), 74(6), 75(2), 92(5a), and 107(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 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 2 months at the initiative of the European Parliament or the Council.’ |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …,
For the European Parliament
The President
For the Council
The President
(1) OJ C 198, 10.7.2013, p. 71.
(2) Position of the European Parliament of 5 February 2014.
(3) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fishery policy (OJ L 343, 22.12.2009, p. 1).
(4) 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 (OJ L 55, 28.2.2011, p. 13).
(*1) The date of the entry into force of this Regulation.