European Parliament legislative resolution of 6 February 2013 on the proposal for a regulation of the European Parliament and of the Council on the Common Fisheries Policy (COM(2011)0425 – C7-0198/2011 – 2011/0195(COD))

P7_TA(2013)0040 A7-0008/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0425),

–  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 (C7-0198/2011),

–  having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–  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 28 March 2012(1),

–  having regard to the opinion of the Committee of the Regions of 4 May 2012(2),

–  having regard to Rules 55 and 37 of its Rules of Procedure,

–  having regard to the report of the Committee on Fisheries and the opinions of the Committee on Development, the Committee on Budgets, the Committee on the Environment, Public Health and Food Safety and the Committee on Regional Development (A7-0008/2013),

1.  Adopts its position at first reading hereinafter set out;

2.  Recalls its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe(3); reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value;

3.  Points out that the estimated financial impact of the proposal constitutes only an indication to the legislative authority and cannot be fixed pending agreement on the proposal for a Regulation laying down the multiannual financial framework for the years 2014-2020;

4.  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;

5.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the Common fisheries policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 768/2005 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC

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,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European and Social Committee(4),

Having regard to the opinion of the Committee of the Regions(5),

Acting in accordance with the ordinary legislative procedure(6),

Whereas:

(1)  Council Regulation (EC) No 2371/2002(7) established a Community system for the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy.

(2)  The scope of the Common Fisheries Policy includes the conservation, management and exploitation of marine biological resources and the management of fisheries targeting them. In addition, the Common Fisheries Policy's scopeit includes, in relation to market measures and financial measures in support of its objectives, fresh water biological resources and aquaculture activities, as well as the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States, or in Union waters, including by fishing vessels flying the flag of, and registered in, third countries, or by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea. [Am. 2]

(3)  The Common Fisheries Policy should ensure that fishing and aquaculture activities contribute to long-term sustainable environmental, economic, and social conditionssustainability. It should contribute moreover to increased productivityinclude rules that aim to ensure the traceability, security and quality of Union imported products, a fair standard of living for the fisheries sector, food security, stable markets, ensure the availability of resources and that supplies reach consumers at reasonable prices. [Am. 3]

(4)  The Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982 (Unclos)(8) and it has ratified the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995 (UN Fish Stocks Agreement)(9). It has also accepted the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas of 24 November 1993 of the Food and Agriculture Organisation of the United Nations (FAO Compliance Agreement)(10). These international instruments predominantly foresee conservation obligations, including among other things obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas, and to cooperate with other States to this end, obligations to apply the precautionary approach widely to conservation, management and exploitation of fish stocks, obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate uses of the seas. The Common Fisheries Policy should contribute to the Union's proper discharge of its international obligations under these international instruments. Where Member States adopt conservation and management measures, for which they have been empowered in the framework of the Common Fisheries Policy, they should also act in a manner which is fully consistent with the international conservation and cooperation obligations under the said international instruments.

(5)  At the World Summit on Sustainable Development at Johannesburg in 2002, the Union and its Member States committed to act against the continued decline of many fish stocks. Therefore, the Union should improve its Common Fisheries Policy to ensure that, as a matter of priority exploitation levels of marine biological resources stocks are restored and maintained at levels capable, by 2015, fishing mortality rates are set at levels that should allow fish stocks to recover, by 2020 at the latest, above levels that are capable of producing maximum sustainable yields from the populations of harvested stocks by 2015yield and that should allow all recovered stocks to be maintained at these levels. Where less scientific information is available, this may require applying proxies to maximum sustainable yield. [Am. 5]

(5a)  The concept of maximum sustainable yield, enshrined in Unclos, is a fisheries management target that has been legally binding on the Union since its ratification in 1998. [Am. 6]

(5b)  Adopting fishing mortality rates below those necessary to maintain fish stocks at levels above those capable of producing the MSY is the only way of ensuring that the fishing industry becomes economically viable in the long term without reliance upon public aid. [Am. 232]

(5c)  Multiannual plans should be the main instrument to ensure that, by 2015, fishing mortality rates are set at levels that should allow fish stocks to recover, by 2020 at the latest, above levels that are capable of producing the maximum sustainable yield and that should allow all recovered stocks to be maintained at these levels. Only a clear and binding commitment to these dates is capable of ensuring that immediate action is taken and that the recovery process is not further delayed. In respect of those stocks for which no multiannual plan has yet been adopted, it is essential to ensure that, when setting fishing opportunities for them, the Council adheres fully to the objectives of the Common Fisheries Policy. [Am. 7]

(5d)  In order to create more stable conditions for the fishing sector, it should also be possible for multiannual plans to contain provisions that limit yearly fluctuations of the total allowable catch for recovered stocks. The exact limits to these fluctuations should be stated in the multiannual plans. [Am. 8]

(5e)  Management decisions relating to maximum sustainable yield (MSY) in mixed fisheries should take into account the difficulty of fishing all stocks in a mixed fishery at maximum sustainable yield at the same time, in cases where scientific advice indicates that it is very difficult to avoid the phenomenon of ‘choke species’ by increasing the selectivity of the fishing gears used. ICES and the Scientific, Technical and Economic Committee for Fisheries (STECF) should be requested to provide advice on the appropriate fishing mortality levels in such circumstances. [Am. 9]

(5f)  If it is necessary to drastically reduce fishing opportunities during a transitional period in order to achieve the maximum sustainable yield, the Union and the Member States should ensure that adequate social and financial measures are taken to sustain enough businesses throughout the production chain to achieve a balance between fleet capacity and available resources when the maximum sustainable yield is reached. [Am. 10]

(6)  Fisheries targets were laid down in the Decision by the Conference of the Parties to the Convention on Biological Diversity on the Strategic Plan for Biodiversity 2011 – 2020(11), the Common Fisheries Policy should ensure coherence with the biodiversity targets adopted by the European Council(12), and the targets of Commission Communication ‘Our life insurance, our natural capital: an EU Biodiversity Strategy to 2020’(13), in particular to achieve maximum sustainable yield by 2015.

(7)  Sustainable exploitation of marine biological resources should always be based on the precautionary approach, which is to be derived from the precautionary principle referred to in the first subparagraph of Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), taking into account available scientific data. [Am. 12]

(8)  The Common Fisheries Policy should contribute to the protection of the marine environment, to the sustainable management of all commercially exploited species, and in particular to the achievement of good environmental status by 2020 the latest, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)(14). [Am. 13]

(8a)  The Common Fisheries Policy should also contribute to supplying the Union market with highly nutritional food, and to reducing the internal market's food dependence, as well as to direct and indirect job creation and economic development in coastal areas. [Am. 14]

(9)  An ecosystem based approach to fisheries management needs to be implemented, environmental impacts of fishing activities should be limited and unwanted catches should bein order to help ensure that the impact of human activities on the marine ecosystem is kept to a minimum and that unwanted catches are prevented, minimised and progressively, where possible, eliminated, and that a situation is progressively achieved in which all catches are landed. [Am. 15]

(10)  It is important that the management of the Common Fisheries Policy is guided by principles of good governance. Those principles include decision-making based on best available scientific advice, broad stakeholder involvement and a long-term perspective. The successful management of the Common Fisheries Policy also depends on a clear definition of responsibilities at Union, national, regional and local levels and on the mutual compatibility and consistency of the measures taken with other Union policies.

(11)  The Common Fisheries Policy should pay full regard, where relevant, to animal health, animal welfare, food and feed safety.

(12)  The Common Fisheries Policy should be implemented in a way that is generally consistent with other Union policies and, in particular, that takes into account interactions with Union action in other maritime policy areas as addressed by the Integrated Maritime Policy(15) , recognising that all matters related to Europe's oceans and seas are interlinked, including maritime spatial planning. Coherence and integration should be ensured in the management of different sectoral policies within the Baltic Sea, North Sea, Celtic Seas, Bay of Biscay and the Iberian Coast, Mediterranean and Black Sea sea basins. [Am. 17]

(13)  Union fishing vessels should have equal access to Union waters and resources subject to the rules of the CFP.

(14)  Rules in place restricting access to resources within the 12 nautical mile zones of Member States have operated satisfactorily benefiting conservation by restricting fishing effort in the most sensitive part of Union waters. Those rules have also preserved traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent. Those rules should therefore continue to apply and should, where possible, be strengthened to give preferential access for small scale, artisanal or coastal fishermen. [Am. 18]

(14a)  The definition of small-scale fishing needs to be widened to take account of criteria in addition to boat size, including, inter alia, the prevailing weather conditions, the impact of fishing techniques on the marine ecosystem, the time spent at sea and the characteristics of the economic unit exploiting the resource. Small offshore islands which are dependent on fishing should be especially recognised and supported, both financially and through the allocation of additional resources, in order to enable them to survive and prosper in the future. [Am. 19]

(15)  Marine biological resources around the Azores, Madeira and the Canary Islands should continue to be especially protected since they contribute to the preservation of the local economy of these islands, having regard to the structural, social and economic situation of those islands. The limitation of certain fishing activities in those waters to fishing vessels registered in the ports of the Azores, Madeira and the Canary Islands should therefore be maintained.

(16)  The objective of sustainable exploitation of marine biological resources is more effectively achieved through a multi-annual approach to fisheries management. To that end, Member States, cooperating closely with the public authorities and the Advisory Councils, should create the conditions for sustainability, including at a local level, establishing as a priority multi-annual plans reflecting the specificities of different fisheries. This could be achieved through common actions at the regional level and, in a more binding way, through decision-making procedures that lead to the drawing-up of multiannual plans. [Am. 20]

(17)  Multi-annual plans should where possible cover multiple stocks where those stocks are jointly exploited. The multiannual plans should establish the basis for fixing fishing opportunities and quantifiable targets for the sustainable exploitation of stocks and marine ecosystems concerned, defining clear timeframes and safeguard mechanisms for unforeseen developments. Multiannual plans should also be governed by precisely defined management objectives in order to contribute to the sustainable exploitation of the stocks and of the marine ecosystems concerned. When the management scenarios could have a socioeconomic impact on the regions concerned, these plans should be adopted in consultation with operators in the fishing industry, with scientists and with institutional partners. [Am. 21]

(18)  Measures are needed to reduce and eliminate the current high levels of unwanted catches and to gradually eliminate discards. Unfortunately, previous legislation has often obliged fishermen to discard valuable resources. Indeed, unwanted catches and discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems as well as the financial viability of fisheries. An obligation to land all catches of managed stocks caught during fishing activities in Union waters or by Union fishing vessels should be established and gradually implemented. Priority should be given to developing, promoting and encouraging measures and incentives that aim to avoid unwanted catches in the first place. [Am. 22]

(18a)  The obligation to land all catches should be introduced on a fisheries-by-fisheries base. Fishermen should be allowed to continue discarding species which, according to the best available scientific advice, have a high survival rate when released into the sea under conditions defined for a given fishery. [Am. 23]

(18b)  In order to make the obligation to land all catches workable and to mitigate the effect of varying yearly catch compositions, Member States should be allowed to transfer quotas between years, up to a certain percentage. [Am. 24]

(19)  Landings of unwanted catches should not result in full economic advantages for the operator. For landings of catches of fish under the minimum conservation reference size, the destination of such catches should be limited and exclude sale for human consumption. Each Member State should be able to decide whether it wants to allow the fish landed to be distributed free for beneficial or charitable purposes. [Am. 25]

(20)  For the sake of conservation of stocks and the adaptability of fleets and fisheries, clear objectives should be applied with respect to certain technical measures, and levels of governance should be tailored to management requirements. [Am. 26]

(21)  For stocks for which no multi-annual plan has been established, exploitation rates delivering maximum sustainable yield should be ensured by setting catch and/or fishing effort limits. If insufficient data is available, fisheries should be managed by using proxy standards. [Am. 27]

(21a)  The Union should increase its efforts to achieve effective international cooperation and stock management in seas which are bordered by both Member States and third countries, providing for the creation, where appropriate, of regional fisheries management organisations for such areas. In particular, the Union should advocate the creation of a Regional Fisheries Management Organisation for the Black Sea. [Am. 28]

(22)  In view of the precarious economic state of part of the fishing industry and the dependence of certain coastal communities on fishing activities, it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among Member States, based on a predictable share of stocks for each Member State. [Am. 29]

(23)  Such relative stability of fishing activities, given the temporary biological situation of stocks, should safeguard the particular needs of regions where local communities are especially dependent on fisheries and related activities as decided by the Council in its Resolution of 3 November 1976, on certain external aspects of the creation of a 200-mile fishing zone in the Community(16) with effect from 1 January 1977, and in particular Annex VII thereto. Therefore, it is in this sense that the concept of relative stability aimed at should be understood.

(24)  Member States should be in a position to present substantiated requests to the Commission to draw up measures under the Common Fisheries Policy for measures identified by Member States as necessary to comply with obligations as regards Special Protection Areas pursuant to Article 4 of Council Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds(17), Special Areas of Conservation pursuant to Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(18) and marine protected areas pursuant to Article 13(4) of Directive 2008/56/EC .

(25)  The Commission, after consulting the Advisory Councils and Member States concerned, should be able to adopt temporary measures in the event of a serious threat, requiring immediate action, to the conservation of marine biological resources or to the marine ecosystem resulting from fishing activities. These measures should be established within defined timescales and should be operational for a fixed period of time. [Am. 30]

(26)  Member States, after duly taking into account the views of relevant Advisory Councils and stakeholders, should be able to adopt conservation measures and technical measures for the implementation of the Common Fisheries Policy to allow for the policy to better address the realities and specificities of the various sea basins and the individual fisheries and to increase the adherence to the policy. [Am. 31]

(26a)  Member States should be encouraged to cooperate with one another on a regional basis. [Am. 32]

(27)  In their 12 nautical mile zone, Member States should be allowed to adopt conservation and management measures applicable to all Union fishing vessels, provided that, where such measures apply to Union fishing vessels from other Member States, the measures adopted are non-discriminatory, prior consultation of other interested Member States has taken place and that the Union has not adopted measures specifically addressing conservation and management within that 12 nautical mile zone.

(28)  Member States should be allowed to adopt conservation and management measures for stocks in Union waters applicable solely to Union fishing vessels flying their flag.

(28a)  Access to the fishery should be based on transparent and objective environmental and social criteria, as a means of promoting responsible fishing which would serve to ensure that those operators who fish in the least environmentally damaging way and provide the greatest benefits for society are encouraged. [Am. 234]

(29)  A system of transferable fishing concessions for the majority of managed stocks under the Common Fisheries Policy should be implemented no later than 31 December 2013 for all vessels of 12 meters' length or over and all other vessels fishing with towed gears. Member States may exclude vessels up to 12 meters' length other than vessels using towed gear from transferable fishing concessions. Such a system should contribute to industry-induced fleet reductions and improved economic performance while at the same time creating legally secure and exclusive transferable fishing concession of a Member State's annual fishing opportunities. Since marine biological resources are a common good, transferable fishing concessions should only establish user entitlements to a Member State's part of annual fishing opportunities which may be recalled according to established rules. [Am. 33]

(29a)  In accordance with the subsidiarity principle, each Member State should be allowed to choose its method of allocating the fishing opportunities assigned to it without an allocation system being imposed at Union level. In this way, Member States will remain free to establish, or not to establish, a system of transferable fishing concessions. [Am. 37]

(30)  Fishing concessions should be transferable and leasable in order to decentralise management of fishing opportunities towards the fishing industry and ensuring that fishers leaving the industry will not need to rely on public financial assistance under the Common Fisheries Policy. [Am. 35]

(31)  Specific characteristics and socio-economic vulnerability of some small-scale fleets justify the limitation of the mandatory system of transferable fishing concessions to large vessels. The system of transferable fishing concessions should apply to stocks for which fishing opportunities are allocated. [Am. 36]

(31a)  The Commission should assess the fishing fleet in order to obtain credible data concerning the precise level of overcapacity at Union level, thereby making it possible to propose appropriate and targeted instruments for its reduction. [Am. 34]

(31b)  A binding system should be established to evaluate fleet registers and to verify capacity ceilings, in order to ensure that each Member State respects the capacity ceilings assigned to it and to strengthen the fisheries control system so that fishing capacity is aligned with the resources available. [Am. 38]

(32)  For Union fishing vessels not operating under a system of transferable fishing concessions,In some cases, Member States still need to take specific measures may be taken to align the number of Uniontheir fishing vesselscapacity with the available resources. Such measures should set compulsory maximum fleet capacity ceilings and establish national entry/exit schemes in relation to decommissioning funding granted under the European Fisheries Fund.Capacity should therefore be assessed for each stock and basin in the Union. This assessment should be based on common guidelines. Each Member State should be able to choose the measures and instruments which it wishes to adopt in order to reduce excessive fishing capacity. [Am. 39]

(33)  Member States should record the minimum information on characteristics and activities of Union fishing vessels flying their flag. Those records should be made available to the Commission for the purpose of monitoring the size of Member States' fleets.

(34)  Fisheries management based on the best availablefull and accurate scientific advice requires harmonised, reliable and accurate data sets. Therefore Member states should collect data on fleets and their fishing activities, in particular biological data on catches, including discards, survey information on fish stocks and on the potential environmental impact of fishing activities on the marine ecosystem. The Commission should foster the necessary conditions for data harmonisation so as to promote an ecosystem-based interpretation of resources. [Am. 40]

(35)  Data collection should include data which facilitate the economic assessment of all undertakings active in the fisheries sector, in aquaculture and in the processing of fisheries and aquaculture products, regardless of their size, and of employment trends in these industries, as well as data on the impact of such developments on fishing communities. [Am. 41]

(36)  Member States should manage and make available to end-users of scientific-data the collected data, on the basis of a multi-annual Union program, supplying the relevant results to stakeholders. Regional authorities should be involved more actively in data collection activities. Member States should also cooperate with each other to coordinate data collection activities. Where relevant, Member States should also cooperate with third countries within the same sea basin regarding data collection, where possible acting through a regional body established for this purpose, bearing in mind the need to comply with international law, and in particular Unclos. [Am. 42]

(37)  Policy-oriented fisheries science should be reinforced by means of nationally-adopted fisheries scientific data collection, independent research and innovation programs in coordination with other Member States as well as by Union research and innovation framework tools, and by the necessary data harmonisation and systematisation that the Commission is to carry out. [Am. 43]

(38)  The Union should promote the objectives of the Common Fisheries Policy internationally. To this end, the Union should strive to improve the performance of regional and international organisations in the conservation and the sustainable management of international fish stocks, by promoting decision-making based on science and, improved compliance, increased transparency and, ensuring effective stakeholder participation, and by combating illegal, unreported and unregulated (IUU) fishing activities. [Am. 44]

(39)  Sustainable fisheries agreements concluded with third countries should ensure that Union fishing activities in third country waters are based on the best available scientific advice, ensuring the sustainable exploitation and the conservation of the marine biological resources, while respecting the principle of surplus referred to in Unclos. Those agreements, which provide for access rights in exchange for a financial contribution from the Union, should contribute to the establishment of a high quality scientific data collection system and of a high quality governance framework to ensure in particular efficient monitoring, control and surveillance measures. [Am. 45]

(40)  The introduction of a human rights clause in sustainable fisheries agreements should be fully consistent with the overall Union development policy objectives.

(41)  Respect for democratic principles and human rights, as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments, and for the principle of the rule of law, should constitute an essential element of Sustainable Fisheries Agreements and be subject to a specific human rights clause.

(41a)  In view of the serious piracy problem affecting those Union vessels fishing in third countries under bilateral or multilateral agreements and in view of the particular vulnerability of such vessels to piracy, measures and operations should be strengthened in order to protect them. [Am. 46]

(42)  Aquaculture should contribute to the preservation of the food production potential on a sustainable basis throughout the Union so as to guarantee long-term food security including food supplies, as well as growth and employment for European citizens and to contribute to the growing world aquatic food demand. [Am. 47]

(43)  The Commission's Strategy for the Sustainable Development of European Aquaculture(19) adopted in 2009, which was welcomed and endorsed by the Council and welcomed by the European Parliament, noted the need for the creation and promotion of a level-playing field for aquaculture as the basis for its sustainable development.

(44)  The Common Fisheries Policy should contribute to Europe 2020 Strategy for smart, sustainable and inclusive growth, and help achieve the objectives set out in that strategy(20).

(45)  Aquaculture activities in the Union are influenced by different conditions across national borders, including as regards authorisations for the operators, Union strategic guidelines for national strategic plans should be developed to improve the competitiveness of the aquaculture industry, supporting its development and innovation, and encouraging economic activity, diversification and improving the quality of life in coastal and rural areas, as well as mechanisms to exchange among Member States information and best practices through an open method of coordination of national measures concerning business security, access to Union waters and space, and administrative simplification of licensing.

(46)  The specific nature of aquaculture requires an Advisory Council for stakeholder consultation on elements of Union policies which could affect aquaculture.

(46a)  In view of the special characteristics of the outermost regions, particularly their geographical remoteness and the importance of fishing to their economies, an Advisory Council should be set up for the outermost regions, divided into three sections covering the West Atlantic, East Atlantic and the Indian Ocean sea basins. One of the aims of that Advisory Council should be to contribute to measures against illegal, undeclared and unmanaged fishing worldwide. [Am. 48]

(47)  There is a need to strengthen the competitiveness of the Union fishery and aquaculture sector, and a call for simplification in support of better management of production and marketing activities of the sector. In doing so it is necessary to ensure reciprocity in trade with third countries so as to create a level playing field on the Union market, not just as regards the sustainability of fisheries, but also as regards health checks; the Common Market Organisation for fishery and aquaculture products should ensure a level-playing field for all fishing and aquaculture products marketed, regardless of whether these products originate in the Union or in third countries, should enable consumers to make better informed choices andbased on traceability, should support responsible consumption, and should improve the economic knowledge and understanding of the Union markets along the supply chain. The part of this Regulation concerning the Common Market Organisation should include provisions making imports of fisheries and aquaculture products subject to compliance with internationally recognised social and environmental standards. [Am. 49]

(48)  The Common Market Organisation should be implemented in compliance with international commitments of the Union, in particular with regard to the provisions of the World Trade Organisation. The success of the common fisheries policy requires an effective system of control, inspection and enforcement, including the fight against IUU fishing activities. AConsequently, existing legislation in this area should be implemented effectively and a Union system for control, inspection, and enforcement should be established so as to ensure compliance with the Common Fisheries Policy's rules. [Am. 50]

(49)  The use of modern, effective technologies should be promoted in the framework of the Union system for control, inspection, and enforcement. Member States or the Commission should have the possibility to conduct pilot projects on new control technologies and data management systems. [Am. 51]

(50)  To ensure the involvement of concerned operators in the Union system for control, inspection, and enforcement, Member States should be able to require the holders of a fishing licence of Union fishing vessels of 12 meters length over all or more flying their flagtheir operators to contribute proportionally to the operational costs of that system. [Am. 196]

(51)  The objectives of the Common Fisheries Policy cannot be sufficiently achieved by Member States given the problems encountered in the development of the fishing industry and its management, and the limits on the financial resources of the Member States. Therefore, to contribute to the achievement of those objectives, multiannual Union financial assistance should be granted, focused on the priorities of the Common Fisheries Policy and tailored to the specific features of the fishing industry in individual Member States. [Am. 52]

(51a)  Union financial assistance should facilitate the development of public goods and services in the fisheries sector, and in particular support control and monitoring measures, information gathering, research and the development of activities aimed at ensuring a healthy marine ecosystem. [Am. 245]

(52)  Union financial assistance should be made conditional upon compliance by Member States and operators, including vessel owners, with the Common Fisheries Policy. Thus such financial assistance should be interrupted, suspended or corrected in cases of non-compliance with the rules of Common Fisheries Policy by Member States and serious infringements of those rules by operators. [Am. 53]

(53)  Dialogue with stakeholders has proven essential for the achievement of the objectives of the Common Fisheries Policy. Taking into account the diverse conditions throughout Union waters and increased regionalisation of the Common Fisheries Policy, Advisory Councils should enable the Common Fisheries Policy to benefit from the knowledge and experience of all stakeholders, particularly in the drafting of the multiannual plans. [Am. 54]

(54)  It appears appropriate that the Commission be empowered by delegated acts to createIn view of the special characteristics of the outermost regions, of aquaculture and inland fishing, of markets and of the Black Sea, it is appropriate to establish a new Advisory Council and to modify areas of competence of existing ones, in particular considering the specificities of the Black Seafor each of them. [Am. 55]

(55)  To achieve the objectives of the Common Fisheries Policy, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission for the purpose of specifying fishing related measures to alleviate the impact of fishing activities in special areas of conservationalleviating, where imperative grounds of urgency so require, a serious threat to the conservation of marine biological resources, or to the marine eco-system, adaptation of the obligation to land all catches for the purpose of complying with the Union's international obligations, default conservation measures in the framework of multiannual plans or technical measures, the recalculation of fleet capacity ceilings, definition of information on characteristics and activity for Union fishing vessels, rules for carrying out pilot projects on new control technologies and data management systems, amendments to Annex III in relation to the areas of competence for Advisory Councils and the composition and functioning of Advisory Councils. [Am. 56]

(56)  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including at expert level.

(57)  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.

(58)  In order to ensure uniform conditions for the implementation of technical operational requirements for the modalities for transmission of information related to fishing fleet registers and to data requirements for fisheries management, implementing powers should be conferred on 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(21).

(59)  To achieve the basic objective of the Common Fisheries Policy, namely to provide long-term sustainable environmental, economic and social conditions for the fishing and aquaculture sectors, and to contribute to the availability of food supplies, it is necessary and appropriate to lay down rules on the conservation and exploitation of marine biological resources and rules that ensure the economic and social sustainability of the Union fishing and shell-fishing sector, where appropriate, providing sufficient funding. [Am. 57]

(60)  In accordance with the principle of proportionality as set out in Article 5 of the Treaty on European Union, this Regulation does not go beyond what is necessary to achieve that objective.

(61)  Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy(22) should be repealed upon entry in force of the corresponding rules pursuant to this Regulation.

(62)  Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support scientific advice regarding the common fisheries policy(23) should be repealed, but should continue to apply to the national programmes adopted for the collection and management of data for the years 2011 – 2013. [Am. 58]

(63)  By reason of the number and importance of the amendments to be made, Council Regulation (EC) No 2371/2002 should be repealed,

HAVE ADOPTED THIS REGULATION:

PART I

GENERAL PROVISIONS

Article 1

Scope

1.  The Common Fisheries Policy shall cover:

2.  The Common Fisheries Policy shall cover the activities referred to in paragraph 1 where they are carried out:

Article 2

General Objectives

1.  The Common Fisheries Policy shall ensure that fishing and aquaculture activities provide long-term sustainable environmental,are environmentally sustainable in the long-term and are managed in a way that is consistent with the objectives of achieving economic and, social conditions and contributeand employment benefits, of contributing to the availability of food supplies and recreational fishing opportunities, and of allowing for processing industries and land-based activities directly linked to fishing activities, while taking into account the interests of both consumers and producers.

2.  The Common Fisheries Policy shall apply the precautionary approach to fisheries management, and shall aim to ensure that, by 2015, that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can producefishing mortality rates are set at levels that should allow fish stocks to recover, by 2020 at the latest, above levels that are capable of producing the maximum sustainable yield and that should allow all recovered stocks to be maintained at these levels.

3.  The Common Fisheries Policy shall implement the ecosystem-based approach to fisheries management and aquaculture to ensure that the impacts of fishing and aquaculture contribute to the objective of minimising the impact of human activities on the marine ecosystem are limited, that they do not contribute to the degradation of the marine environment and that they are effectively tailored to individual fisheries and regions.

3a.  The Common Fisheries Policy shall promote the sustainable development and the well-being of coastal communities, and the employment, the working conditions, and the safety of fishing operators.

4.  The Common Fisheries Policy shall integratebe consistent with the Union's environmental legislation requirementsas well as with other Union policies.

4a.  The Common Fisheries Policy shall ensure that the fishing capacity of the fleets is aligned with exploitation levels that comply with paragraph 2.

4b.  The Common Fisheries Policy shall contribute to the collection of comprehensive and credible scientific data. [Am. 60]

Article 3

Specific objectives

Article 4

Principles of good governance

Article 5

Definitions

PART II

ACCESS TO WATERS

Article 6

General rules on access to waters

1.  Union fishing vessels shall have equal access to waters and resources in all Union waters other than those referred to in paragraphs 2 and 3, subject to the measures adopted under Part III.

2.  In the waters up to 12 nautical miles from baselines under their sovereignty or jurisdiction, Member States shall be authorised from 1 January 2013 to 31 December 2022 to restrict fishing to fishing vessels that traditionally fish in those waters from ports on the adjacent coast, without prejudice to the arrangements for Union fishing vessels flying the flag of other Member States under existing neighbourhood relations between Member States and the arrangements contained in Annex I, fixing for each Member State the geographical zones within the coastal bands of other Member States where fishing activities are pursued and the species concerned. Member States may provide for exclusive or preferential access for small scale, artisanal or coastal fishermen, taking into account social and environmental factors including the potential benefits to be derived from awarding exclusive or preferential access for local or micro businesses and for fishermen pursuing selective and low-impact fishing practices. Member States shall inform the Commission of the restrictions put in place under this paragraph. [Am. 251]

3.  In the waters up to 100 nautical miles from the baselines of the Azores, Madeira and the Canary Islands, the Member States concerned may from 1 January 2013 to 31 December 2022 restrict fishing to vessels registered in the ports of those islands. Such restrictions shall not apply to Union vessels that traditionally fish in those waters, in so far as those vessels do not exceed the fishing effort traditionally exerted. Member States shall inform the Commission of the restrictions put in place under this paragraph.

3a.  The status of the existing biologically sensitive area, as defined in Article 6 of Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources(29), shall be maintained in its current form. [Am. 99]

4.  The provisions which will follow arrangements set out in paragraphs 2 and 3 shall be adopted by 31 December 2022.

PART III

MEASURES FOR THE CONSERVATION AND SUSTAINABLE EXPLOITATION OF MARINE BIOLOGICAL RESOURCES [Am. 100]

TITLE I

TYPES OF MEASURES

Article -7

General provisions on conservation measures

1.  For the purpose of achieving the general objectives of the Common Fisheries Policy set out in Article 2, the Union shall adopt measures for the conservation and sustainable exploitation of marine biological resources as set out in Articles 7 and 8. They shall, in particular, be adopted in the form of multiannual plans in accordance with Articles 9, 10 and 11.

2.  Such measures shall comply with the objectives set out in Articles 2 and 3 and shall be adopted taking into account the best available scientific advice and the opinions received from the relevant Advisory Councils.

3.  Member States shall be empowered to adopt conservation measures in accordance with Articles 17 to 24 and with other relevant provisions of this Regulation. [Am. 101]

Article 7

Types of conservation measures

Article 7a

Establishment of fish stock recovery areas

1.  In order to secure the conservation of living aquatic resources and marine ecosystems, and as part of a precautionary approach, Member States shall establish a coherent network of fish stock recovery areas in which all fishing activities are prohibited, that includes, in particular, areas important for fish reproduction.

2.  Member States shall identify and designate the areas that are necessary to establish a coherent network of fish stock recovery areas. [Am. 103]

Article 8

Types of technical measures

TITLE II

UNION MEASURES

Article 9

Multiannual plans

1.  Multiannual plans providing forThe European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall, as a priority and at the latest by...(30) establish multiannual plans that follow scientific advice from STECF and ICES and that include conservation measures to maintain or restore fish stocks above levels capable of producing maximum sustainable yield shall be established as a priorityin accordance with Article 2(2). Multiannual plans shall also enable other objectives, set out in Articles 2 and 3, to be achieved.

2.  Multiannual plans shall provide for:

3.  Multiannual plans shall, where possible, cover either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks, taking due account of interactions between stocks and, fisheries and marine ecosystems.

4.  Multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods, including data-poor stock assessments, and all quantified sources of uncertainty in a scientifically valid manner. [Am. 105]

Article 10

Objectives of multiannual plans

1.  Multiannual plans shall provide for adaptationsthe adaptation of the fishing mortality rate, resulting in arates, so that, by 2015, fishing mortality rate that restores and maintains all stocksrates are set at levels that should allow fish stocks to recover, by 2020 at the latest, above levels that are capable of producing the maximum sustainable yield by 2015and that should allow all recovered stocks to be maintained at these levels.

2.  In cases where the determination of a fishing mortality rate that restores and maintains stocks above levels capable of producing maximum sustainable yield, as established in paragraph 1, is not possible, multiannual plans shall provide forapply the precautionary approach to fisheries management and shall set out proxy standards and measures ensuringthat ensure at least a comparable degree of conservation of the relevant stocks.

2a.  Without prejudice to the provisions of paragraphs 1 and 2, the measures to be included in multiannual plans, and the calendar for implementing them, shall be proportionate to the objectives and targets pursued and to the timeframe envisaged. Before measures are included in the multiannual plans account shall be taken of their likely economic and social impact. Save in urgent cases, such measures shall be implemented gradually.

2b.  Multiannual plans may contain provisions to address the specific problems of mixed fisheries in relation to the maintenance and restoration of stocks above levels capable of producing maximum sustainable yield, where scientific advice indicates that increases in selectivity to avoid the phenomenon of ‘choke species’ cannot be achieved. [Ams 106 and 107]

Article 11

Content of multiannual plans

1.  A multiannual plan shall include:

1a.  Multiannual plans shall provide for periodic review for the purpose of assessing the progress made towards reaching their objectives. In particular, such periodic reviews shall take into account new elements, such as changes in the scientific advice, in order to allow for any necessary intermediate adjustments. [Ams 108 and 239]

Article 12

Compliance with obligations under Union environmental legislation in relation to protected areas

1.  In specialThe Common Fisheries Policy and all subsequent measures adopted by Member States concerning special areas of conservation shall comply fully with Directive 92/43/EEC, Directive 2009/147/EC and Directive 2008/56/EC. Where a Member State has designated the areas of conservation within the meaning ofmentioned in Article 6 of Directive 92/43/EEC, of Article 4 of Directive 2009/147/EC and of Article 13(4) of Directive 2008/56/EC, it shall, in consultation with the Commission, Advisory Councils and other relevant stakeholders, regulate fishing activities shall be conducted by Member States in such a way so as to alleviate the impact from fishing activities in such special areas of conservationin a way that complies fully with the objectives of those Directives. [Am. 109]

1a.  All actions taken by the Union and by Member States under the CFP shall comply fully with the Aarhus Convention, Resolutions 61/105, 64/72 and 66/68 of the General Assembly of the United Nations, and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. [Am. 257]

1b.  For fisheries conducted entirely within waters under the sovereignty and jurisdiction of a single Member State, the Member State concerned shall be empowered to adopt measures that are necessary to comply with its obligations under Union environmental legislation, in relation to protected areas. Such measures shall be compatible with the objectives set out in Article 2 and shall be no less stringent than the existing Union legislation. [Am. 258]

1c.  Member States with a direct fishing interest in the areas to be affected by measures referred to in paragraph 1 shall cooperate with one another in accordance with Article 21(1a). Any of those Member States may request that the Commission adopt the measures referred to in paragraph 1. [Am. 111]

1d.  In order for the Commission to act upon a request referred to in paragraph 1c, the requesting Member State or Member States shall provide the Commission with all relevant information on the measures requested, including a statement of reasons for the request, as well as scientific data and details concerning the practical implementation of the measures. In adopting the measures, the Commission shall take into account any relevant scientific advice that is available to it. [Am. 260]

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55, to specify fishing related measures to alleviate the impact of fishing activities in special areas of conservation. [Am. 114]

2a.  The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, on a proposal by the Commission, shall adopt measures to reduce the possible negative social and economic consequences of compliance with the obligations referred to in paragraph 1. [Am. 262]

Article 13

Commission measures in case of a serious threat to marine biological resources

1.  On the basis ofWhere there is evidence, based on reliable scientific data, of a serious threat to the conservation of marine biological resources, or to the marine eco-system and requiring immediate action, the Commission, upon a reasoned request of a Member State or on its own initiative, may decide on temporary measuresshall be empowered to adopt delegated acts, in accordance with Article 55, to alleviate the threat.

Those delegated acts shall be adopted only where imperative grounds of urgency so require and the procedure provided for in Article 55a shall apply.

2.  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. [Am. 115]

Article 13a

Member State emergency measures

1.  If there is evidence that there is a serious and unforeseen threat to the conservation of living aquatic resources, or to the marine ecosystem resulting from fishing activities, in waters falling under the sovereignty or jurisdiction of a Member State and that any undue delay would result in damage that would be difficult to repair, that Member State may take emergency measures, the duration of which shall not exceed three months.

2.  Member States intending to take emergency measures shall, before adopting them, notify the Commission, the other Member States and the relevant Advisory Councils of their intention to do so by sending a draft of those measures, together with an explanatory memorandum.

3.  The Member States and the relevant Advisory Councils may submit their written comments to the Commission within five working days of the date of notification. The Commission shall adopt implementing acts confirming, cancelling or amending the measure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

On duly justified imperative grounds of urgency related to a serious and unforeseeable threat to the conservation of living aquatic resources, or to the marine ecosystem resulting from fishing activities, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 56(3). [Am. 116]

Article 14

Technical measures frameworks

Article 14a

Avoidance and minimisation of unwanted catches

1.  Before the introduction of the obligation to land all catches in the respective fishery in accordance with Article 15 , Member States shall, where necessary, conduct pilot projects, based on the best available scientific advice and taking into account the opinions of the relevant Advisory Councils, with the aim of fully exploring all practicable methods for the avoidance, minimisation and elimination of unwanted catches in a fishery. Those pilot projects shall, where appropriate, be conducted, by producer organisations. The results of such pilot projects shall be reflected in the multiannual plan of each fishery in the form of additional incentives to use the most selective gears and fishing methods available. Member States shall also produce a ‘discard atlas’ showing the level of discards in each of the fisheries covered by Article 15(1). That atlas shall be based on objective and representative data.

2.  The Union shall provide financial support for the design and implementation of pilot projects introduced in accordance with paragraph 1, as well as for the use of selective gears in order to reduce unwanted and unauthorised catches. When adopting financial support measures, special consideration shall be given to fishermen who are subject to the obligation to land all catches and who operate in a mixed fishery. [Am. 118]

Article 15

Obligation to landand record all catchesof harvested and regulated species

1.  All catches of the following fish stocks subject to catch limits caughtharvested and regulated species caught in the following fisheries during fishing activities in Union waters or by Union fishing vessels outside Union waters shall be brought and retained on board the fishing vessels and recorded and landed, except when used as live bait, in accordance with the following timeframe:

(a)  At the latest from 1 January 2014:

(b)  At the latest from 1 January 2015: cod, hake, sole;1 January 2016:

(c)  At the latest from 1 January 2016: haddock, whiting, megrim, anglerfish, plaice, ling, saithe, pollack, lemon sole, turbot, brill, blue ling, black scabbard, roundnose grenadier, orange roughy, Greenland halibut, tusk, redfish and Mediterranean demersal stocks1 January 2017, fisheries not covered by paragraph 1(a) in Union waters and in non-Union waters.

1a.  Once an obligation to land all catches has been introduced in a fishery, all catches of species subject to that obligation shall be recorded and shall, where applicable be subtracted from the quota of the fishermen, producer organisation or collective management pool concerned, with the exception of species which may be released into the sea pursuant to paragraph 1b.

1b.  The following species shall be excluded from the landing obligation laid down in paragraph 1:

1c.  For the purpose of simplifying and harmonising the implementation of the obligation to land all catches and in order to avoid inappropriate disruptions of the target fisheries and to decrease the amount of unwanted catches, the multiannual plans referred to in Article 9 or specific legal acts of the Union on the implementation of the landing obligation or other legal acts of the Union shall, where appropriate, lay down

2.  Minimum conservation reference sizes Based on the best available and most accurate and up-to-date scientific advice and, where necessary, in order to protect juveniles by discouraging fishermen from deliberately fishing for them, minimum conservation reference sizes, reflecting the age and size for first reproduction shall be established, for the fish stocks which are subject to the obligation to land all catches set out in paragraph 1. The sale of Catches of such fish stocks below the minimum conservation reference size shall be restricted for reduction to uses other than human consumption, such as fish meal or, fish oil, pet food onlyor bait. The Member State concerned may also allow such fish to be donated for welfare or charitable purposes.

3.  For stocks subject to a landing obligation, Member States may make use of a year-to-year margin of flexibility of up to 5 % of their permitted landings, without prejudice to higher flexibility rates established in specific legislation. Marketing standards and marketing rules for catches of fish caught in excess of fixed fishing opportunities shallmay be established in accordance with Article 2739 of Regulation (EU) No .../2013 of the European Parliament and of the Council of ... on the common organisation of the markets in fishery and aquaculture products(31)(32).

4.  Member States shall ensure that Union fishing vessels flying their flag are equipped to ensure full documentation of all fishing and processing activities for the purpose of monitoring compliance with the obligation to land all catches. In doing so, Member States shall respect the principle of efficiency and proportionality.

5.  Paragraph 1 shall be without prejudice to international obligations.

6.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specifylaying down the measures set out in paragraph 1 for the purpose of complying with the Union's international obligations. [Am. 119]

Article 16

Fishing opportunities

1.  When fixing and allocating fishing opportunities, the Council shall act in accordance with Articles 2, 9, 10 and 11, applying a long-term perspective and following the best available scientific advice. Fishing opportunities allocated toshall be distributed among Member States shallin such a way as to ensure each Member State, for each of them, relative stability of fishing activities for each fish stock or fishery. The interests of each Member State shall be taken into account when new fishing opportunities are allocated.

The Council shall establish the fishing opportunities available to third countries in Union waters and allocate those opportunities to these third countries.

The allocation of fishing opportunities to a Member State or a third country shall be conditional upon its compliance with the rules of the Common Fisheries Policy.

1a.  When deciding on quota allocations each year, the Council shall take full account of regions where local communities are especially dependent on fisheries and related activities as decided by the Council in its Resolution of 3 November 1976, on certain external aspects of the creation of a 200-mile fishing zone in the Community with effect from 1 January 1977, and in particular Annex VII thereto.

2.  By-catch fishing opportunities may be reserved under the total fishing opportunities.

3.  Fishing opportunities shall comply with quantifiable catch targets, time frames and margins established in multiannual plans in accordance with Article 9(2) and 11(b), (c) and (h). If no corresponding multiannual plan has been adopted for a commercially used fish stock, the Council shall ensure that, by 2015, total allowable catches (TACs) are set at levels that should allow fish stocks to recover, by 2020 at the latest, above levels that are capable of producing the maximum sustainable yield and that should allow all recovered stocks to be maintained at these levels.

3a.  Delegations from the European Parliament and from the Advisory Councils shall be present when the Council adopts decisions on establishing fishing opportunities.

3b.  Where, for given stocks, it is not possible, owing to a lack of data, to determine exploitation rates that are consistent with the maximum sustainable yield:

3c.  Each Member State shall decide on the method to be used for allocating the fishing opportunities assigned to it, to vessels flying its flag, in accordance with Union law. It shall inform the Commission of that allocation method.

4.  Member States may, after notifying the Commission, exchange all or part of the fishing opportunities allocated to them.

4a.  Where, as a result of an assessment pursuant to Article 19 or Article 23, the Commission concludes that a Member State has failed to adopt appropriate measures in accordance with Articles 17−24, this shall result in deductions in the following year or years from fishing opportunities allocated by the Union to that Member State and in the interruption or suspension of payments to that Member State or in the application of a financial correction to Union financial assistance under the Common Fisheries Policy pursuant to Article 50. Such measures shall be proportionate to the nature, extent, duration and repetition of the non compliance.

4b.  The Commission shall present to the European Parliament and to the Council an annual report assessing whether current fishing opportunities are proving effective in restoring and maintaining populations of harvested species at levels above those which can produce the target laid down in Article 2(2).[Ams 120, 264, 293 and 301]

Article 16a

Criteria for Member States' allocation of fishing opportunities

When allocating the fishing opportunities available to them as referred to in Article 16, Member States shall use transparent and objective environmental and social criteria, such as the impact of the fishery on the environment, the history of compliance and the contribution to the local economy. Other criteria such as historic catch levels may also be used. Within the fishing opportunities assigned to them, Member States shall provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact, such as reduced energy consumption or habitat damage. [Am. 227]

TITLE III

REGIONALISATION

CHAPTER I

MULTIANNUAL PLANS

Article 17

Conservation measures adopted in accordance with multiannual plans

1.  In a multiannual plan established pursuant to Articles 9, 10 and 11 Member States maysharing the fishery concerned shall be authorised, following the procedures outlined in this Article, to adopt measures, in accordance with that multiannual plan,which specify the conservation measures applicable to vessels flying their flagin relation to stocks in Union waters for which they have been allocated fishing opportunities.

2.  Member States shall ensure that conservation measures adopted pursuant to paragraph 1:

2a.  Member States shall cooperate with one another to ensure that compatible measures are adopted that will meet the objectives set out in multiannual plans and shall coordinate the implementation of those measures with one another. To this end, Member States shall, where practical and appropriate, use existing regional institutional cooperation structures and mechanisms, including those under the Regional Sea Conventions that cover the relevant area or fishery.

Coordination efforts by Member States sharing a fishery shall be eligible for funding under the European Maritime and Fisheries Fund (EMFF), in accordance with Regulation (EU) No .../2013 of the European Parliament and of the Council of ... on the European Maritime and Fisheries Fund(34)(35).

2b.  Member States shall consult the relevant Advisory Councils as well as ICES and/or STECF by sending them a draft of the measures to be adopted, accompanied by an explanatory memorandum. At the same time, such drafts shall be notified to the Commission and to those other Member States sharing the fishery. Member States shall make every effort to involve in this consultation, at an early stage and in an open and transparent manner, other relevant stakeholders of the fishery concerned, in order to identify the views and proposals of all the relevant parties during the preparation of the measures envisaged.

Member States shall make available to the public summaries of the draft conservation measures which they propose to enact.

2c.  Member States shall duly take into account the opinions submitted by the relevant Advisory Councils, by ICES and/or by STECF and, where the final measures adopted diverge from these opinions, shall state detailed reasons why they diverge.

2d.  Where Member States wish to amend the adopted measures, paragraphs 2−2c shall also apply.

2e.  The Commission shall adopt guidelines setting out the details of the procedure to be followed for the application of paragraphs 2a, 2b and 2c, in order to ensure that the adopted measures are coherent, coordinated at regional level and comply with the established multiannual plans. These guidelines may also identify or establish administrative frameworks, such as Regional Fisheries Working Groups, in order to organise, on a practical level, the cooperation between the Member States, notably with a view to promoting and facilitating the adoption of the measures by each of the Member States.

2f.  Member States sharing a fishery may agree and cooperate to implement joint measures under the multiannual plans adopted prior to 2014, in accordance with the procedure set out in Article 25.

2g.  For fisheries conducted entirely within waters under the sovereignty and jurisdiction of a single Member State, the Member State concerned shall create one or more co-management committees including all relevant stakeholders. Such committees shall be consulted concerning the measures to be adopted. If the Member State intends to deviate in any way from the advice it receives from such committees it shall publish an assessment outlining in detail its reasons for deviating from the advice. [Am. 121]

Article 18

Notification of Member State conservation measures

Member States adopting conservation measures pursuant to Article 17(1) shall publish them andnotify the Commission, other interested Member States and relevant Advisory Councils of such measuresthereof. [Am. 122]

Article 19

Assessment

1.  The Commission may at any time assess the compatibility and effectiveness of conservation measures adopted by Member States pursuant to Article 17(1)and shall, in any event, assess, and report on, those issues not less than once every three years or as may be required by the relevant multiannual plan. The assessment shall be based on the best available scientific advice.

In accordance with Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (Inspire)(36) and in order to assist the Commission in its implementation of the Common Fisheries Policy, Member States shall provide the Commission with access and user rights in respect of the material prepared, and the data used, in connection with the formulation and enactment of national conservation measures, adopted pursuant to Article 17.

With regard to access to environmental information, Directive 2003/4/EC(37) and Regulations (EC) No 1049/2001(38) and (EC) No 1367/2006(39) shall apply. [Am. 123]

1a.  The Commission shall publish any assessments carried out according to this Article, and shall make this information publicly available by publishing it on appropriate websites or by providing a direct hyperlink to it. With regard to access to environmental information, Regulations (EC) No 1049/2001 and (EC) No 1367/2006 shall apply. [Am. 124]

Article 20

Default conservation measures adopted in the framework of multiannual plans

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify the conservation measures for fisheries covered by a multiannual plan, if the Member States authorised to take measures in accordance with Article 17 do not notify such measures to the Commission within threethe period provided for in the multiannual plan or, failing that, within six months after the date of entry into force of the multiannual plan.

2.  Where the Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify conservation measures for fisheries covered by a multiannual plan, ifis of the opinion that

2a.  In the event of the Commission delivering an opinion pursuant to paragraph 2, the Member State concerned shall have three months in which to modify its measures in order to make them compatible with the objectives of the multiannual plan and in which to meet those objectives.

2b.  In the event of a Member State failing to modify its measures pursuant to paragraph 2a, the Commission shall be empowered to adopt delegated acts in accordance with Article 55 establishing conservation measures for the fisheries covered by the multiannual plan.

3.  The conservation measures adopted by the Commission shall aim at ensuring that the objectives and targets set out in the multiannual plan are met. Upon the adoption of the delegated act by the Commission, the Member State measures shall cease to be effective.

3a.  Prior to adopting the delegated acts referred to in this Article, the Commission shall consult the relevant Advisory Councils as well as ICES and/or STECF on a draft of the measures to be adopted, accompanied by an explanatory memorandum. [Am. 125]

CHAPTER II

TECHNICAL MEASURES

Article 21

Technical measures

1.  In a technical measures framework established pursuant to Article 14 Member States mayshall be authorisedempowered to adopt measures, in accordance with that framework, which specify the technical measures applicable to vessels flying their flag in relation to stocks in theirUnion waters for which they have been allocated fishing opportunities. Member States shall ensure that such technical measures:

1a.  Member States shall cooperate with one another to ensure that compatible measures are adopted to achieve the objectives set out in technical measures frameworks and shall coordinate the implementation of these measures with one another. To this end, Member States shall, where practical and appropriate, use existing regional institutional cooperation structures and mechanisms, including those under the Regional Sea Conventions that cover the relevant area or fishery.

1b.  Member States shall consult the relevant Advisory Councils as well as ICES and/or STECF on a draft of the measures to be adopted, accompanied by an explanatory memorandum. At the same time, such drafts shall be notified to the Commission and to those other Members States sharing the fishery. Member States shall make every effort to involve in this consultation, at an early stage and in an open and transparent manner, other relevant stakeholders of the fishery concerned, in order to identify the views and proposals of all the relevant parties during the preparation of the measures envisaged.

1c.  Member States shall duly take into account the opinions submitted by the relevant Advisory Councils, by ICES and/or by STECF and, where the final measures adopted diverge from these opinions, shall provide detailed explanations of the reasons why they diverge.

1d.  Where Member States wish to amend the adopted measures, paragraphs 1a, 1b and 1c shall also apply.

1e.  The Commission shall adopt guidelines setting out the details of the procedure to be followed for the application of paragraphs 1a, 1 b and 1c, in order to ensure that the adopted measures are coherent, coordinated at regional level and comply with the established technical measures framework. These guidelines may also identify or establish administrative frameworks, such as Regional Fisheries Working Groups in order to organise on a practical level the cooperation between the Member States, notably with a view to promoting and facilitating the adoption of the measures by each of the Member States. [Am. 126]

Article 22

Notification of Member State technical measures

Member States adopting technical measures pursuant to Article 21 shall publish them and notify the Commission, other interested Member States and relevant Advisory Councils of such measures. [Am. 127]

Article 23

Assessment

1.  The Commission may at any time assess the compatibility and effectiveness of technical measures adopted by Member States pursuant to Article 21 and shall, in any event, assess and report on the same at least once every three years or as may be required by the relevant technical measures framework.

1a.  In accordance with Directive 2007/2/EC and in order to assist the Commission in its implementation of the Common Fisheries Policy, Member States shall provide the Commission with access and user rights in respect of the material prepared, and the data used, in connection with the formulation and enactment of technical measures pursuant to Article 21.

With regard to access to environmental information, Directive 2003/4/EC and Regulations (EC) No 1049/2001 and (EC) No 1367/2006 shall apply. [Am. 128]

1b.  The Commission shall publish any assessments carried out according to this Article, and shall make this information publicly available by publishing it on appropriate websites or by providing a direct hyperlink to it. With regard to access to environmental information, Regulations (EC) No 1049/2001 and (EC) No 1367/2006 shall apply. [Am. 129]

Article 24

Default measures adopted under a technical measures' framework

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify the technical measures covered by a technical measures framework, if the Member States authorised to take measures in accordance with Article 21 do not notify such measures to the Commission within threethe period provided for in the technical measures framework or, failing that, within six months after the date of entry into force of the technical measures framework.

2.  Where the Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify technical measures, ifis of the opinion that Member State measures are deemed on the basis of an assessment carried out pursuant to Article 23:

2a.  In the event of the Commission delivering an opinion pursuant to paragraph 2, the Member State concerned shall have three months in which to modify its measures in order to make them compatible with the objectives of the technical measures framework and in which to meet those objectives.

2b.  In the event of a Member State failing to modify its measures pursuant to paragraph 2a, the Commission shall be empowered to adopt delegated acts in accordance with Article 55, establishing technical measures covered by the technical measures framework.

3.  The technical measures adopted by the Commission shall aim at ensuring that the objectives of the technical measures framework are met. Upon the adoption of the delegated act by the Commission, the Member State measures shall cease to be effective.

3a.  Prior to adopting the delegated acts referred to in this Article, the Commission shall consult the relevant Advisory Councils as well as ICES and STECF on a draft of the measures to be adopted accompanied by an explanatory memorandum. [Am. 130]

TITLE IV

NATIONAL MEASURES

Article 25

Member States' measures applicable solely to fishing vessels flying their flag

1.  A Member State may adopt measures for the conservation of fish stocks in Union waters provided that those measures:

1a.  The Member State shall, for control purposes, inform the other Member States concerned of provisions adopted pursuant to paragraph 1. [Am. 132]

1b.  Member States shall make publicly available the information related to the measures adopted in accordance with this Article. [Am. 133]

Article 26

Member State measures within the 12 nautical mile zone

1.  A Member State may take non-discriminatory measures for the conservation and management of fish stocks and to minimise the effectto meet targets relating to other living aquatic resources and the maintenance or improvement of fishing on the conservation status of marine eco-systems within 12 nautical miles of its baselines provided that the Union has not adopted measures addressing conservation and management specifically for that area or specifically addressing the problem identified by the Member State in question. The Member State measures shall be compatible with the objectives set out in Articles 2 and 3 and no less stringent than those in existing Union legislation. [Am. 134]

2.  Where conservation and management measures to be adopted by a Member State are liable to affect fishing vessels of other Member States, such measures shall be adopted only after consultingnotifying the Commission, the relevant Member States and relevant Advisory Councils on a draft of the measures accompanied by an explanatory memorandum that shall also demonstrate that those measures are non-discriminatory. [Am. 135]

2a.  Member States shall make publicly available the information related to the measures adopted in accordance with this Article. [Am. 136]

PART IV

ACCESS TO RESOURCES

Article 27

Establishment of systems of transferable fishing concessions

1.  Each Member State shall establish a system of transferable fishing concessions no later than 31 December 2013 for

2.  Member States may extend the system of transferable fishing concessions to fishing vessels of less than 12 meters length overall and deploying other types of gear than towed gear and shall inform the Commission thereof.

Article 28

Allocation of transferable fishing concessions

1.  A transferable fishing concession shall establish an entitlement to use the individual fishing opportunities allocated in accordance with Article 29(1).

2.  Each Member State shall allocate transferable fishing concessions on the basis of transparent criteria, for each stock or group of stocks for which fishing opportunities are allocated in accordance with Article 16, excluding fishing opportunities obtained under sustainable fisheries agreements.

3.  For the allocation of transferable fishing concessions pertaining to mixed fisheries, Member States shall take account of the likely catch composition of vessels participating in such fisheries.

4.  Transferable fishing concessions may only be allocated by a Member State to an owner of a fishing vessel flying the flag of that Member State, or to legal or natural persons for the purpose of being used on such a vessel. Transferable fishing concessions may be pooled together for collective management by legal or natural persons or recognized producer organisations. Member States may limit eligibility for receiving transferable fishing concessions on the basis of transparent and objective criteria.

5.  Member States may limit the period of validity of transferable fishing concessions to a period of at least 15 years, for the purpose of reallocating such concessions. Where Member States have not limited the period of validity of the transferable fishing concessions, they may recall such concessions with a notice of at least 15 years.

6.  Member States may recall transferable fishing concessions with a shorter notice in the event of an established serious infringement committed by the holder of the concessions. Such recalls shall be operated in a manner which gives full effect to the Common Fisheries Policy, the proportionality principle and, whenever necessary, with immediate effect.

7.  Notwithstanding paragraph 5 and 6, Member States may recall transferable fishing concessions that have not been used on a fishing vessel for a period of three consecutive years.

Article 29

Allocation of individual fishing opportunities

1.  Member States shall allocate individual fishing opportunities to holders of transferable fishing concessions, as referred to in Article 28, on the basis of fishing opportunities allocated to the Member States, or established in management plans adopted by Member States in accordance with Article 19 of Regulation (EC) No 1967/2006.

2.  Member States shall determine fishing opportunities that, based on the best available scientific advice, can be allocated to fishing vessels flying their flag for species for which the Council has not fixed fishing opportunities.

3.  Fishing vessels shall undertake fishing activities only when in possession of sufficient individual fishing opportunities to cover all their potential catch.

4.  Member States may reserve up to 5% of fishing opportunities. They shall establish objectives and transparent criteria for the allocation of such reserved fishing opportunities. Those fishing opportunities may only be allocated to eligible holders of transferable fishing concessions as set out in Article 28(4).

5.  When allocating transferable fishing concessions in accordance with Article 28 and when allocating fishing opportunities in accordance with paragraph 1 of this Article, a Member State may provide incentives to fishing vessels deploying selective fishing gear that eliminates unwanted by-catch within the fishing opportunities assigned to that Member State.

6.  Member States may set fees for the use of individual fishing opportunities to contribute to fisheries management-related costs.

Article 30

Register of transferable fishing concessions and individual fishing opportunities

Member States shall establish and maintain a register of transferable fishing concessions and individual fishing opportunities.

Article 31

Transfer of transferable fishing concessions

1.  Transferable fishing concessions may be fully or partially transferred within a Member State among eligible holders of such concessions.

2.  A Member State may authorise transfer of transferable fishing concessions to and from other Member States.

3.  Member States may regulate the transfer of transferable fishing concessions by providing for conditions for their transfer on the basis of transparent and objective criteria.

Article 32

Leasing of individual fishing opportunities

1.  Individual fishing opportunities may be fully or partially leased within a Member State.

2.  A Member State may authorise the leasing of individual fishing opportunities to and from other Member States.

Article 33

Allocation of fishing opportunities not subject to a system of transferable fishing concessions

1.  Each Member State shall decide how fishing opportunities assigned to it in accordance with Article 16, and which are not subject to a system of transferable fishing concessions, may be allocated to vessels flying its flag. It shall inform the Commission of the allocation method. [Am. 137]

PART V

MANAGEMENT OF FISHING CAPACITY

Article 34

Adjustment of fishing capacity

1.  Member States shall, where necessary, put in place measures to adjust the fishing capacity of their fleets in order to achieve an effective, with the objective of achieving a stable and enduring balance between suchtheir fishing capacity and their fishing opportunities, in accordance with the general objectives set out in Article 2.

1a.  In order to achieve the objective set out in paragraph 1, Member States shall conduct annual capacity assessments, the results of which they shall transmit to the Commission by 30 May of each year. Capacity assessments shall include an analysis of the total fleet capacity per fishery and fleet segment at the time of assessment, and its impact on stocks and the wider marine ecosystem. Capacity assessments shall also include an analysis of the long-term profitability of the fleet. To ensure a common approach to such assessments across all Member States, assessments shall be carried out in accordance with the Commission's guidelines on an improved analysis of the balance between fleet capacity and fishing opportunities and shall also take into consideration the profitability of the fleet. The assessments shall be made publicly available.

1b.  If the assessment shows that there is a discrepancy between its fishing capacity and its fishing opportunities, a Member State shall within a year after that assessment adopt a detailed programme, which shall include a binding timetable, setting out any adjustment of the fishing capacity of their fleets in terms of vessel numbers and characteristics that is necessary in order to achieve a stable and enduring balance between their fishing capacity and their fishing opportunities. It shall transmit this programme to the European Parliament, to the Commission and to the other Member States.

1c.  If no such assessment is provided, if a Member State is required to adopt a programme to reduce capacity and fails to do so, or if the Member State fails to implement such a programme, this will result in the interruption of Union financial assistance to that Member State under the Common Fisheries Policy.

In the last resort, if the performance of any one of the steps referred to in the first subparagraph is delayed by two or more years, the Commission may suspend the fishing opportunities of the fleet segments concerned.

2.  No exit from the fleet supported by public aid granted under the framework of the European Fisheries Fund for the 2007-2013 programming period shall be permitted unless preceded by the withdrawal of the fishing licence and the fishing authorisations.

3.  The fishing capacity corresponding to the fishing vessels withdrawn with public aid shall not be replaced.

4.  Member States shall ensure that from 1 January 2013 the fishing capacity of their fleet does not exceed at any time the fishing capacity ceilings established in accordance with Article 35.

4a.  In order to be entitled to a fishing licence or authorisation, Union vessels shall hold a valid engine certificate, issued in accordance with Regulation (EC) No 1224/2009. [Ams 138 and 241]

Article 34a

Entry/exit scheme

Member States shall manage entries into their fleets and exits from their fleets in such a way that the entry into the fleet of new capacity without public aid is compensated by the previous withdrawal without public aid of at least the same amount of capacity. [Am. 139]

Article 35

Management of fishing capacity

1.  Each Member State fleet shall be strictly subject to fishing capacity ceilings as set out in Annex II.

2.  Member States may request the Commission to exclude fishing vessels subject to a system of transferable fishing concessions established in accordance with Article 27 from the fishing capacity ceilings established in accordance with paragraph 1. In that case the fishing capacity ceilings shall be re-calculated to take into account the fishing vessels which are not subject to a system of transferable fishing concessions.By 31 December …(40), the Commission shall submit a proposal to the European Parliament and the Council to amend Annex II to this Regulation and Regulation (EEC) No 2930/86 in order to define fishing capacity with regard to any measurable parameter of a vessel that might affect its ability to catch fish.

This new definition shall take into account social and economic criteria as well as control efforts undertaken by Member States. In such proposal the fleet capacity of each Member State shall be broken down by fleet segments, including a specific breakdown for vessels operating in the outermost regions and for vessels operating exclusively outside Union waters.

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the re-calculation of the fishing capacity ceilings as referred to in paragraphs 1 and 2. [Am. 140]

Article 36

Fishing fleet registers

1.  Member States shall record the information on ownership, vessel and gear characteristics and on the activity forof Union fishing vessels flying their flag that is necessary for the management of measures established under this Regulation and shall publish this information, while ensuring that personal data is adequately protected.

2.  Member States shall make availablesubmit to the Commission the information referred to in paragraph 1.

3.  The Commission shall set up a Union fishing fleet register containing the information that it receives pursuant paragraph 2.

4.  The information contained in the Union fishing fleet register shall be made available to all Member States and to the European Parliament. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the definition of the information referred to in paragraph 1.

5.  The Commission shall establishadopt implementing acts, establishing technical operational requirements for the modalities for transmission of the information referred to in paragraphs 2, 3 and 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2). [Am. 141]

PART VI

SCIENCE BASE FOR FISHERIES MANAGEMENT

Article 37

Data requirements for fisheries management

1.  The conservation, management and sustainable exploitation of marine biological resources must be based on the best information available. To this end, Member States shall collect biological, technical, environmental and socio-economic data necessary for ecosystem based fisheries management, manage them and make them available to end users of scientific data, including bodies designated by the Commission. The Union shall make a financial contribution, via the EMFF, that is sufficient to finance the acquisition of these data. ThoseThe data shall in particular enable the assessment of: [Am. 142]

2.  Member States shall:

2a.  Member States shall submit annually to the Commission a summary report listing the fisheries for which it is required to collect data and indicating, for each category and case, whether the requirement has been met. The summary report shall be made publicly available. [Am. 151]

3.  Member States shall ensure the national coordination of the collection and management of scientific data for fisheries management, including socio-economic data. To this end, they shall designate a national correspondent and organize an annual national coordination meeting. The European Parliament and the Commission shall be informed of the national coordination activities and be invited to the coordination meetings. [Am. 152]

4.  Member States, in close cooperation with the Commission, shall coordinate their data collection activities with other Member States in the same region, and make every effort to coordinate their actions with third countries having sovereignty or jurisdiction over waters in the same region. [Am. 153]

5.  The collection, management and use of data shall be done in the framework of a multi-annual programme as of 2014. Such a multi-annual programme shall include targets for the precision of the data to be collected, and aggregation levels for the collection, management and use of such data.

6.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55, to specify the targets for the precision of the data to be collected and to define the aggregation levels for the collection, management and use of such data, for the multi-annual programme referred to in paragraph 5, and to ensure the coordination between Member States of the collection and presentation of data. [Am. 154]

7.  The Commission shall establish technical operational requirements for the modalities of transmission of the data collected. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56.

7a.  Failure by a Member State to comply with the data collection requirements shall result in the withdrawal of public aid and the subsequent imposition of additional penalties by the Commission. [Am. 155]

Article 37a

Consulting scientific bodies

The Commission shall consult appropriate scientific bodies at regular intervals on matters pertaining to the conservation and management of fisheries resources, including biological, economic, environmental, social and technical considerations, while taking into account the proper management of public funds, with the aim of avoiding duplication of work by different scientific bodies. [Am. 156]

Article 38

Research programs

1.  Member States shall adopt national fisheries and aquaculture scientific data collection, research and innovation programs. They shall coordinate their fisheries data collection, research and innovation activities with other Member States and, in the context of the Union research and innovation frameworks, in close cooperation with the Commission and involving, where appropriate, the relevant Advisory Councils. The Union shall ensure adequate funding for these programmes, under the available research and fisheries instruments. [Ams 157 and 285]

2.  Member States shall, with the involvement of the relevant scientific stakeholders, ensure availability of relevant competences and human resources to be involved in the scientific advisory process. [Am. 158]

2a.  Member States shall submit annual reports to the Commission on the progress of implementation of national fisheries scientific data collection, research and innovation programmes. [Am. 159]

2b.  The research programme findings shall be made available to the European scientific community as a whole. [Am. 160]

PART VII

EXTERNAL POLICY

TITLE I

INTERNATIONAL FISHERIES ORGANISATIONS

Article 39

Objectives

1.  With a view to ensuring the sustainable exploitation and management of maritime biological resources, the Union shall promote the effective implementation of international fisheries instruments and regulations, participate in the activities ofand support the activities of international organisations dealing with fisheries, including regional fisheries management organisations (RFMOs). In doing so, the Union shall act in line with international commitments, obligations and policy objectives and consistentin a way that is consistent with the objectives set out in Articles 2 and, 3 and 4 of this Regulation and in other Union policies.

2.  The positions of the Union in international organisations dealing with fisheries and RFMOs shall be based on the best available scientific advice to ensure that fishery resources are maintained above or restored above levels capable of producing maximum sustainable yield.In particular the Union shall:

2a.  The Union shall actively support the development of equitable and transparent mechanisms for allocation of fishing opportunities.

3.  The Union shall actively contribute to and support the development of scientific knowledge and advice in RFMOs and international organisations. [Am. 161]

3a.  The Union shall foster cooperation ties between RFMOs in order to align, harmonise and widen the framework for multilateral action, shall support the development of scientific knowledge and advice in RFMOs and international organisations and shall adhere to the resulting recommendations. [Am. 162]

Article 40

Compliance with international provisions

The Union, assisted by the European Fisheries Control Agency, shall cooperate with third countries and international organisations dealing with fisheries, including RFMOs, to strengthen compliance with measures, especially those combating IUU-fishing, adopted by such international organisations, so as to ensure that they are strictly adhered to.

Member States shall ensure that their operators comply with the measures referred to in the first paragraph. [Am. 163]

TITLE II

SUSTAINABLE FISHERIES AGREEMENTS

Article 41

Principles and objectives of Sustainable Fisheries Agreements

1.  Sustainable Fisheries Agreements with third countries shall establish a legal, economic and environmental governance framework for fishing activities carried out by Union fishing vessels in third country waters. in accordance with relevant measures adopted by international organisations, including RFMOs. Such frameworks may include:

They shall also include provisions to ensure that fishing activities take place in conditions of legal certainty. [Am. 164]

1a.  In order to ensure that marine living resources are exploited sustainably, the Union shall be guided by the principle that Sustainable Fisheries Arrangements with third countries are to be established for the mutual benefit of both parties and are to contribute to continuing the activity of Union fleets by obtaining a share of the third country’s surplus that is commensurate with the Union fleets’ interest. [Am. 165]

2.  Union fishing vessels shall only catch surplus of the allowable catch determined by the third country as referred to in Article 62(2), of Unclos, and identified, in a clear and transparent manner, on the basis of the best available scientific advice and relevant information exchanged between the Union and the third country concerned about the total fishing effort on the affected stocks by all fleets, in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield. [Am. 166]

2a.  Sustainable Fisheries Agreements and agreements on reciprocal access shall include:

2b.  Sustainable Fisheries Agreements and agreements on reciprocal access shall ensure that Union fishing vessels are able to operate in the waters of the third country with which an agreement has been concluded only if they are in possession of a fishing authorisation, which has been issued in accordance with a procedure agreed by both parties to the agreement. [Am. 168]

2c.  Vessels flagged in the Union which have temporarily left the register of a Member State in order to seek fishing opportunities elsewhere shall, for a period of 24 months, not be allowed to benefit from fishing opportunities under a Sustainable Fisheries Agreement or the protocols in force at the time when they left the register, if they subsequently return to a Union register, and the same shall apply in respect of temporarily reflagging, while fishing under RFMOs. [Am. 169]

2d.  Sustainable Fisheries Agreements shall provide that fishing authorisations of any kind shall only be granted to new fishing vessels and to those previously flagged in the Union for at least 24 months preceding the request for a fishing authorisation and wishing to target species covered by the Sustainable Fisheries Agreement. [Am. 170]

2e.  When determining fishing opportunities in respect of agreements covering straddling or highly migratory fish stocks, scientific assessments conducted at regional level as well as conservation and management measures adopted by the RFMO shall be duly taken into account. [Am. 171]

2f.  Efforts shall be made at Union level to monitor the activities of Union fishing vessels that operate in non-Union waters outside the framework of sustainable fisheries agreements. Such vessels shall respect the same guiding principles that are applied to those vessels fishing in the Union. [Am. 172]

2g.  Union fishing vessels operating outside Union waters shall be equipped with CCTV cameras or equivalent to enable full documentation of fishing practices and catches. [Am. 173]

2h.  Independent evaluations shall be conducted of the impact of each protocol before the Commission is given a mandate for negotiations for succeeding protocols and shall include information on catches and fishing activities. Such evaluations shall be made publically available. [Am. 174]

2i.  In order to ensure that stocks that are shared with neighbouring countries are managed in a sustainable manner, it is necessary that they come within the scope of this Regulation; [Am. 175]

Article 42

Financial assistance

Article 42a

Union fishing activities outside Sustainable Fisheries Agreements

Member States shall obtain information on any arrangements between nationals of a Member State and a third country that allow fishing vessels flying the flag of that Member State to engage in fishing activities in waters under the jurisdiction or sovereignty of the third country, as well as details of the vessels concerned and their relevant activities. The Member State shall inform the Commission thereof. [Am. 230]

PART VIII

AQUACULTURE

Article 43

Promoting sustainable aquaculture [Am. 177]

1.  With a view to promoting sustainability and contributing to food security and supplies, growth and employment, non-binding Union strategic guidelines on common priorities and targets for the development of sustainable aquaculture activities shall be established by the Commission by 2013. Such strategic guidelines shall differentiate between, on the one hand, small to medium aquaculture and, on the other hand, aquaculture on an industrial scale, shall take account of the relative starting positions and different circumstances throughout the Union,and shall form the basis for multiannual national strategic plans and shall aim atto: [Am. 178]

2.  Member States shall establish a multiannual national strategic plan for the development of aquaculture activities on their territory by 2014.The Union shall support the production and consumption of sustainable Union aquaculture products by:

3.  The multiannual national strategic plan shall include the Member State's objectives and the measures and the timetables necessary to achieve them. [Am. 180]

4.  Multiannual national strategic plans shall aim in particular atspecifically address the need for the following:

5.  Member States shall exchange information and best practices through an open method of coordination of the national measures contained in multiannual strategic plans.

Article 44

Consultation of Advisory Councils

An Advisory Council on aquaculture shall be established in accordance with Article 53.

PART IX

COMMON MARKET ORGANISATION

Article 45

Objectives

1.  A common organisation of the markets in fishery and aquaculture products shall be established to:

2.  The common organisation of the markets shall apply to the fishery and aquaculture products listed in Annex I to Regulation (EU) No .../2013 [on the common organisation of the markets in fishery and aquaculture products](43), which are marketed in the Union.

3.  The common organisation of the markets shall comprise in particular:

PART X

CONTROL AND ENFORCEMENT

Article 46

Objectives

1.  Compliance with the rules of the Common Fisheries Policy shall be ensured through an effective Union fisheries control system, including the fight against IUU-fishing.

2.  The Union fisheries control system shall in particular be based on:

2a.  Member States shall ensure the establishment of effective, proportionate and dissuasive penalties, including the freezing of funds from the EMFF, taking into account the cost-benefit ratio and the principle of proportionality. [Am. 195]

Article 46a

Compliance Committee

1.  A Union Compliance Committee shall be established and shall include representatives of the Member States, the Commission and the Control Agency.

2.  The Union Compliance Committee shall:

Article 47

Pilot projects on new control technologies and data management systems

1.  The Commission and the Member States may carry out pilot projects on new control technologies and systems for data management.

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning rules for carrying out pilot projects on new control technologies and data management systems.

Article 48

Contribution to control, inspection and enforcement costs

Member States may require holders of a fishing licence for fishing vessels of 12 meters length overall or more flying their flagtheir operators to contribute proportionally to the operational costs of implementing the Union fisheries control system and of data collection. [Am. 196]

PART XI

FINANCIAL INSTRUMENTS

Article 49

Objectives

Union financial assistance may be granted to contribute to the achievement of the long-term environmental, economic and social sustainability objectives set out in Articles 2 and 3. Union financial assistance shall not be granted to support operations that jeopardise the sustainability and the conservation of marine biological resources, biodiversity, habitats and ecosystems. [Am. 197]

Article 50

Conditions for financial assistance towards Member States

1.  Union financial assistance towards Member States shall be transparent and conditional upon compliance with the rules of the Common Fisheries Policy, with the environmental directives mentioned in Article 12 and with the application of the precautionary principle by Member States.

2.  Non-compliance by Member States with the rules of the Common Fisheries Policy, maywith the legal acts referred to in paragraph 1 and with the application of the precautionary principle shall immediately result in the interruption or suspension of payments or in the application of a financial correction to Union financial assistance under the Common Fisheries Policy. Such measures shall be proportionate to the nature, extent, duration and repetition of the non compliance. A methodology shall be established including objectives, indicators, and homogenous and transparent measurements for all Member States. [Am. 302]

Article 51

Conditions for financial assistance towards operators

1.  Union financial assistance towards operators shall be conditional upon their compliance with the rules of the Common Fisheries Policy by operatorsand with national law transposing the Directives in the environmental field referred to in Article 12. Financial assistance shall not be granted to an operation that jeopardises the sustainability and conservation of marine biological resources, biodiversity, habitats or ecosystems.

2.  Serious infringements by operators of the rules of the Common Fisheries Policy and of the national law referred to in paragraph 1 shall result in temporary or permanent bans on access to the Union financial assistance and/or the application of financial reductions. Such measures, taken by the Member State, shall be dissuasive, effective and proportionate to the nature, extent, duration and repetition of serious infringements.

3.  Member States shall ensure that Union financial assistance is granted only if no sanctions for serious infringements have been imposed tocommitted by the concerned operator, within a period of 1 yearat least three years prior to the date of application for Union financial assistance. [Am. 199]

PART XII

ADVISORY COUNCILS

Article 52

Advisory Councils

1.  Advisory Councils are established for each of the geographical areas or fields of competence set out in Annex III, to promote a balanced representation of all stakeholders in accordance with Article 54(1) and to contribute to the achievement of the objectives set out in Articles 2 and 3.

1a.  In particular, the following new Advisory Councils shall be established, in accordance with Annex III:

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning amendments to that Annex to change the areas of competence, to create new areas of competence for Advisory Councils or to create new Advisory Councils.

3.  Each Advisory Council shall establish its rules of procedure. [Am. 200]

Article 53

Tasks of Advisory Councils

-1.  Before completing its internal procedures either leading to the submission, in accordance with the ordinary legislative procedure, of a proposal pursuant to Article 43(2) TFEU, such as for multiannual plans or technical measures frameworks, or leading to the adoption of delegated acts in accordance with Article 55, the Commission shall seek the opinion of the relevant Advisory Councils. This consultation shall be without prejudice to the consultation of ICES or other appropriate scientific bodies.

1.  Advisory Councils may:

2.  The Commission and, where relevant, the Member State concerned, shall take due account of the Advisory Councils' opinions, recommendations, suggestions and of any information received pursuant to paragraphs -1 and 1 and shall reply to these submissions within a reasonable time period to any recommendation, suggestion or information received pursuant to paragraph 1not more than 30 working days, and in any event before the final measures are adopted. Where the final measures adopted diverge from the Advisory Councils' opinions, recommendations and suggestions received pursuant to paragraphs -1 and 1, the Commission or the Member State concerned shall state detailed reasons why they diverge. [Am. 201]

Article 54

Composition, functioning and funding of Advisory Councils

1.  Advisory Councils shall be composed of

European Parliament legislative resolution of 6 February 2013 on the proposal for a regulation of the European Parliament and of the Council on the sound level of motor vehicles (COM(2011)0856 – C7-0487/2011 – 2011/0409(COD))

P7_TA(2013)0041 A7-0435/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0856),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0487/2011),

–  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 25 April 2012(1),

–  having regard to Rules 55 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Internal Market and Consumer Protection and the Committee on Transport and Tourism (A7-0435/2012),

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.

Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the sound level of motor vehicles

(Text with EEA relevance)

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 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(2),

Acting in accordance with the ordinary legislative procedure(3),

Whereas:

(1)  The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. To that end a comprehensive Union type-approval system for motor vehicles is in place, as road vehicles are the biggest source of noise within the transport sector. The technical requirements for the type-approval of motor vehicles and their exhaust systems with regard to permissible sound levels should be harmonised to avoid the adoption of requirements that differ from one Member State to another and to ensure the proper functioning of the internal market while, at the same time, providing for a high level of environmental protection and public safety and a better quality of life and health. The Commission should also undertake an impact assessment regarding the labelling conditions applicable to air and noise pollution levels. That impact assessment should take into consideration the different types of vehicles covered by this Regulation (including electric vehicles) as well as the effect that such labelling could have on the car industry. Such labelling could be considered a useful tool for raising awareness among consumers and protecting their rights as regards transparency prior to the purchase of a vehicle. [Am. 1]

(1a)  EU type approval requirements already apply for the purposes of relevant Union legislation governing CO2-emissions including Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information(4), Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles(5), Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information(6), and Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles(7). The technical requirements which apply to Union legislation governing CO2 emissions and pollutant emission limit values should be consistent with the requirements which apply to legislation governing the reduction of noise emissions. EU type-approval requirements should therefore be set in a way which ensures that these dual objectives are met. [Am. 2]

(1b)  Traffic noise harms health in numerous ways. Protracted noise-related stress may exhaust physical reserves, disrupt the regulatory capacity of organ functions and hence limit their effectiveness. Traffic noise is a potential risk factor for the development of medical conditions and incidents such as high blood pressure and heart attacks. The effects should be further researched in the same spirit as provided for in Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise(8). [Am. 3]

(2)  Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles(9) harmonised the different technical requirements of Member States relating to the permissible sound level of motor vehicles and of their exhaust systems for the purpose of the establishment and operation of the internal market. For the purposes of the good functioning of the internal market and in order to ensure a uniform and consistent application throughout the Union, it is appropriate to replace that Directive by a Regulation.

(3)  This Regulation is a separate Regulation in the context of the type-approval procedure under Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive).(10)

(4)  Directive 70/157/EEC refers to Regulation No 51(11) of the United Nations Economic Commission for Europe (UNECE) on noise emissions, to which the Union is a Contracting Party, which specifies the test method for noise emissions.

(5)  Since its adoption, Directive 70/157/EEC has been substantially amended several times. The most recent reduction of noise limits for motor vehicles, introduced in 1995, did not have the expected effects. Studies showed that the test method used under the Directive no longer reflected real life driving behaviour in urban traffic. In particular, as pointed out in the Green paper concerning the Future Noise Policy of 1996(12), the contribution of tyre rolling noise to the total noise emission was underestimated in the test method.

(6)  This Regulation should therefore introduce a different method in relation to the compulsory one of Directive 70/157/EEC. That method should be based on the method published by the UNECE Working Party on Noise (GRB) in 2007 which incorporated a 2007 version of the standard ISO 362(13). The results of monitoring of both the old and the new test methods were submitted to the Commission. Furthermore, in order to overcome the shortcomings inherent in the previous test method, the Commission should, within 24 months of the entry into force of this Regulation, submit an impact assessment to the European Parliament and to the Council on the effective contribution of tyre rolling equipment in reducing the noise level of vehicles, focussing on the road surface impact, and the research needs in this specific field, in view of adopting a new European test method which also takes into account road surface behaviour. [Am. 4]

(7)  The representativeness of the new test method for the noise emission during normal traffic conditions is considered good, but it is less representative for noise emissions under worst case conditions. Therefore, it is necessary to implement in this Regulation additional sound emission provisions. Those provisions establish preventive requirements intended to cover driving conditions of the vehicle in real traffic outside the type-approval driving cycle. Those driving conditions are environmentally relevant and it needs to be ensured that the sound emission of a vehicle under street driving conditions does not differ significantly from what can be expected from the type-approval test result for the specific vehicle.

(8)  This Regulation should also further reduce noise limits. It should take account of Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefore(14), which introduced new stricter noise requirements for motor vehicle tyres. Studiesand which underlined the need for a coherent and comprehensive approach to address the problem of road noise, including taking into account the significant contribution of road surfaces to road noise. That horizontal approach will more efficiently reduce the overall road traffic noise compared to a sectoral and vertical approach. The reduction of road traffic noise should also be understood as a public health objective, considering studies highlighting the annoyance and health effects from road traffic noise(15)(16), and the associated costs and benefits(17)should also be heededThis Regulation should also take account of Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters(18). The Commission should ensure that tyres are labelled with respect to their noise performance. In addition, the comparability of modes of transport from the point of view of environmental noise should be taken into account. [Am. 5]

(8a)  The Commission should publish ‘silent road’ guidelines, addressed to road authorities in order to provide them with a useful tool to comply with requirements for more sustainable road infrastructure. [Am. 6]

(8b)  The Sixth Environment Action Programme set out the framework for environmental policy-making in the Union for the period 2002-2012. The programme called for actions in the field of noise pollution to substantially reduce the number of people regularly affected by long-term average levels of noise, particularly from traffic. [Am. 7]

(8c)  Technical measures to reduce the sound level of motor vehicles have to meet a set of competing requirements, such as those of reducing noise and pollutant emissions and improving safety whilst keeping the vehicle in question as cheap and effective as possible. In attempting to meet all these requirements equally and strike a balance between them, the automobile industry all too often runs up against the limits of what is currently physically feasible. Automobile designers have repeatedly managed to push those limits back by using new, innovative materials and methods. Legislation must set a clear framework for innovation in a realistic time frame. This Regulation establishes just such a framework and thus provides an immediate incentive for innovation in keeping with the needs of society, whilst in no way restricting the economic freedom so vital to the industry. [Am. 8]

(8d)  Noise pollution is primarily a local problem, but one which calls for a Union-wide solution. After all, the first step in any sustainable noise emissions policy must be to devise measures to reduce sound levels at source. The noise source, that is the motor vehicle, which is the target of this Regulation, is by definition a mobile one, so that purely national measures would not be sufficient. [Am. 9]

(8e)  Major steps can be taken to develop and enhance infrastructure in a manner that maximises vehicle noise reduction, such as through the large-scale use of noise barriers. [Am. 10]

(9)  The overall limit values should be reduced with regards to all noise sources of motor vehicles including the air intake over the power train and the exhaust taking into account of the tyre contribution to noise reduction addressed in Regulation (EC) No 661/2009.

(9a)  The provision of information on sound emissions to consumers, fleet managers and public authorities may influence purchasing decisions and accelerate the transition to a quieter vehicle fleet. In order to provide the necessary information to consumers the manufacturer should provide information on noise levels of vehicles in accordance with harmonised testing methods at the point of sale and in technical promotional material. A label, comparable to the labels used for information on CO2 emissions, fuel-consumption and tyre-noise, should inform consumers of the sound emissions of a vehicle. [Am. 11]

(9b)  Information relating to noise, including test data, should be made available and clearly displayed at points of sale and in promotional materials for vehicles. [Am. 18]