(1)

Council Regulation (EC) No 1300/2008 [of 18 December 2008] establishing a multi-annual plan for the stock of herring distributed to the West of Scotland and the fisheries exploiting that stock (3) empowers the Council to follow-up and revise the maximum fishing mortality rates and associated spawning stock biomass levels specified in Article 3(2) and referred to in Articles 4(2), 4(5) and 9 thereof therein . [Am. 1]

(2)

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. 2]

(3)

In order to allow for an efficient achievement of ensure that the targets set in the multi-annual plan are achieved efficiently and for a swift that the reaction to changes in stock conditions is swift , 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 to revise maximum fishing mortality rates and associated spawning stock biomass levels, when scientific data indicate that these values are no longer appropriate to achieve the objective of the plan, should be delegated to the Commission in accordance with Article 290 of the Treaty. It is of particular importance that the Commission carry out appropriate consultations 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. 3]

(4)

Since herring in the west of Scotland is a migrating migratory species, the specification of the area it that the stock of herring distributed to the west of Scotland currently inhabits should serve to identify distinguish it from other stocks, but should not prevent this plan for from applying in the event that the species that stock changes its mobility patterns. Articles 1 and 2 should be modified accordingly. [Am. 4]

(5)

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. [Am. 5]

(6)

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. 6]

(7)

At the occasion of this amendment, a mistake in the heading of Article 7 should be corrected. [Am. 7]

(8)

Regulation (EC) No 1300/2008 should therefore be amended accordingly,

(1)

Article 1 is replaced by the following:

"Article 1

Subject-matter

This Regulation establishes a multi-annual plan for the fisheries exploiting the stock of herring in the West area west of Scotland." [Am. 8]

(2)

[In Article 2 the following point (e) is added:

(3)

Article 7 is replaced by the following:

"Article 7

Revision of maximum fishing mortality rates and associated spawning stock biomass levels

Where the Commission, on the basis of advice from STECF and possibly other scientific data indicates and after consulting fully with the Pelagic Regional Advisory Council, finds that the values for the fishing mortality rates and associated spawning stock biomass levels specified in Article 3(2), Article 4(2) to (5) and Article 9 are no longer appropriate to achieve the objective set forth out in Article 3(1), the Commission it shall fix adopt delegated acts in accordance with Article 9a fixing new values for such those rates and levels by means of delegated acts in accordance with Article 9a." [Am. 10]

(4)

Article 8 is replaced by the following:

"Article 8

Evaluation and review of the multi-annual plan

1.     At least every four years, starting from 18 December 2008, the Commission shall evaluate the operation and performance of the multi-annual plan. For the purpose of this evaluation, the Commission shall seek the advice of STECF and of the Pelagic Regional Advisory Council. Where appropriate necessary , the Commission may propose adaptations to shall make 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 7."

2.     Paragraph 1 shall be without prejudice to the delegation of power in Article 7. " [Am. 11]

(5)

The following Article 9a is inserted:

"Article 9a

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 Article 7 and 8 shall be conferred on the Commission for an indeterminate a period of time three years from … (4) [dd/mm/yyyy] [insert date of entry into force of this the Regulation]. 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. 12]

3.   The delegation of power referred to in Articles Article 7 and 8 may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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. 13]

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 Article 7 and 8 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 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 2 two months at the initiative of the European Parliament or of the Council."

[Am. 14]