Legal provisions of COM(2012)21 - Amendment of Council Regulation 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks - Main contents
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| dossier | COM(2012)21 - Amendment of Council Regulation 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those ... |
|---|---|
| document | COM(2012)21  |
| date | January 31, 2012 |
Article 1
(1) Article 10(1) is replaced by the following:
‘1. The Commission shall be empowered to adopt delegated acts in accordance with Article 31a concerning the changes to the values for the levels set out in Articles 5(2), 6 and 7(2), when the target fishing mortality rate in Article 5(2) has been reached or where scientific data indicate that this 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.’
(2) Article 11 is amended as follows:
(a) Paragraph 3 is replaced by the following:
‘3. Member States shall provide annually appropriate information to the Commission to establish that the above conditions are and remain fulfilled.’
(b) The following paragraphs 4 and 5 are added:
‘4. The Commission shall be empowered to adopt delegated acts in accordance with Article 31a to lay down rules concerning the adjustment of the fishing effort where a group of vessels is excluded from or re-included in the effort regime pursuant to Article 11(2) and where a vessel no longer complies with the requirements specified in the decision on exclusion.
5. Detailed rules on the procedure and format for transmitting to the Commission the information referred to in paragraph 11(3) may be adopted by the Commission by way of implementing acts in accordance with the procedure referred to in Article 32(2).’
(3) In Article 14 the following paragraph 5 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 Article14a 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 adopt, by way of implementing acts in accordance with the procedure referred to in Article 32(2), detailed rules on the following:
(a) the format of the special fishing permit referred to in Article 14(2) and the procedures whereby the Member States make available the list of vessels holding that special permit as referred to in Article 14(4);
(b) the procedure and format for transmitting to the Commission the information referred to in Article 14(5).’
(5) In Article 16 the following paragraphs 4, 5 and 6 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. Detailed rules on the procedure and format for transmitting to the Commission the information referred to in paragraph 4 may be adopted by the Commission by way of implementing acts in accordance with the procedure referred to in Article 32(2).’
(6) In Article 17 the following paragraphs 6, 7 and 8 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. Detailed rules on the procedure and format for transmitting to the Commission the information referred to in paragraph 6 may be adopted by the Commission by way of implementing acts 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 31a 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 delegation of power referred to in Articles 10(1), 11(4), 14(a)(1), 16(5), 17(7) and 31 shall be conferred for an indeterminate period of time.
3. The delegation of powers referred to in Articles 10(1), 11(4), 14(a)(1), 16(5), 17(7) and 31 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 in Articles 10(1), 11(4), 14(a)(1), 16(5), 17(7) and 31 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.’
(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.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’
Article 2
This Regulation shall be binding in its entirety and directly applicable in all Member States.