Procedure : 2011/0195(COD)
Document stages in plenary
Document selected : A7-0008/2013

Texts tabled :

A7-0008/2013

Debates :

PV 05/02/2013 - 3
CRE 05/02/2013 - 3

Votes :

PV 06/02/2013 - 7.1
CRE 06/02/2013 - 7.1

Texts adopted :

P7_TA(2013)0040

REPORT     ***I
PDF 1353kDOC 2361k
10 January 2013
PE 483.528v02-00 A7-0008/2013

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))

Committee on Fisheries

Rapporteur: Ulrike Rodust

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE LEGAL BASIS
 OPINION of the Committee on Development
 OPINION of the Committee on Budgets
 OPINION of the Committee on the Environment, Public Health and Food Safety
 OPINION of the Committee on Regional Development
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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))

(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.

Amendment  1

Proposal for a regulation

Citation 1

Draft legislative resolution

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) and Article 349 thereof,

Amendment              2

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) The scope of the Common Fisheries Policy extends to conservation, management and exploitation of marine biological resources. In addition, the Common Fisheries Policy's scope extends in relation to market measures and financial measures in support of its objectives, to fresh water biological resources and aquaculture, as well as to 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.

(2) The scope of the Common Fisheries Policy extends to the conservation of marine biological resources and the management of fisheries targeting them. In addition, the scope of the Common Fisheries Policy extends, in relation to market measures and financial measures in support of its objectives, to aquaculture activities, as well as to 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.

Amendment  3

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) The Common Fisheries Policy should ensure that fishing and aquaculture activities contribute to long-term sustainable environmental, economic, and social conditions. It should contribute moreover to increased productivity, a fair standard of living for the fisheries sector, stable markets, ensure the availability of resources and that supplies reach consumers at reasonable prices.

(3) The Common Fisheries Policy should ensure that fishing and aquaculture activities contribute to long-term environmental, economic, and social sustainability. It should include rules regarding 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.

Amendment  4

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) 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). 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). 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.

(4) The Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) 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). 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). 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 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.

Amendment  5

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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 of producing maximum sustainable yields from the populations of harvested stocks by 2015. Where less scientific information is available, this may require applying proxies to maximum sustainable yield.

(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, 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 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.

Amendment  6

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a) The concept of Maximum Sustainable Yield, as enshrined in UNCLOS, is a fisheries management target that has been legally binding on the Union since its ratification in 1998.

Amendment  7

Proposal for a regulation

Recital 5 b (new)

Text proposed by the Commission

Amendment

 

(5b) 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 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. For those stocks where no multiannual plan have yet been adopted, it is essential to ensure that, when setting fishing opportunities for these stocks, the Council fully adheres to the objectives of the Common Fisheries Policy.

Amendment  8

Proposal for a regulation

Recital 5 c (new)

Text proposed by the Commission

Amendment

 

(5c) It should also be possible for Multiannual plans to contain provisions that limit yearly fluctuations of the TAC of recovered stocks in order to create more stable conditions for the fishing sector. The exact limits to these fluctuations should be stated in multiannual plans.

Amendment  9

Proposal for a regulation

Recital 5 d (new)

Text proposed by the Commission

Amendment

 

(5d) 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, if scientific advice indicates that it is very difficult to avoid the phenomenon of "choke species" by increasing theselectivity 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.

Amendment  10

Proposal for a regulation

Recital 5 e (new)

Text proposed by the Commission

Amendment

 

(5e) The Union and Member States shall ensure that, if fishing opportunities have to be drastically reduced during a transitional period in order to achieve the maximum sustainable yield, adequate social and financial measures are applied to sustain sufficient businesses throughout the production chain to achieve a balance between fleet capacity and available resources when the maximum sustainable yield is reached.

Amendment  11

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(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, the Common Fisheries Policy should ensure coherence with the biodiversity targets adopted by the European Council, and the targets of Commission Communication "Our life insurance, our natural capital: an EU Biodiversity Strategy to 2020", in particular to achieve maximum sustainable yield by 2015.

(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, the Common Fisheries Policy should ensure coherence with the biodiversity targets adopted by the European Council, and the targets of Commission Communication "Our life insurance, our natural capital: an EU Biodiversity Strategy to 2020", in particular to achieve maximum sustainable yield.

Amendment  12

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Sustainable exploitation of marine biological resources should 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.

(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, taking into account available scientific data.

Amendment  13

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The Common Fisheries Policy should contribute to the protection of the marine environment 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).

(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 at 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).

Amendment  14

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

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

Amendment  15

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) An ecosystem based approach to fisheries management needs to be implemented, environmental impacts of fishing activities should be limited and unwanted catches should be minimised and progressively eliminated.

(9) An ecosystem based approach to fisheries management needs to be implemented, to help to ensure that the impact of human activities on the marine ecosystem is minimised and that unwanted catches are prevented, minimized and, where possible, eliminated, and that a situation is progressively achieved in which all catches are landed.

Amendment  16

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(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.

(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 accurate and up-to-date 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, regional, national and local levels and on the mutual compatibility and consistency of the measures taken with other Union policies.

Amendment  17

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) Implementation of the Common Fisheries Policy should take into account interactions with other maritime affairs as addressed by the Integrated Maritime Policy24, recognizing 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.

(12) Implementation of the Common Fisheries Policy should take into account interactions with other maritime affairs and should generally be consistent with other Union policies, recognizing 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.

Justification

The CFP should be consistent with all Union policies, without being subordinate to any of them.

Amendment  18

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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.

(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.

Amendment  19

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a) The definition of small-scale fishing needs to be widened to take account of a range 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.

Justification

A typical scenario demonstrating the danger of applying the principle “one size fits all”. Offshore islands are characterised by their dependence on small vessels at the mercy of adverse weather conditions on the Atlantic seaboard. It is a unique, dramatic and harsh aspect of our common European heritage which we lose at our peril. The criteria as applied using the 12 metre vessel size category is not appropriate in this instance.

Amendment  20

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) The objective of sustainable exploitation of marine biological resources is more effectively achieved through a multi-annual approach to fisheries management, establishing as a priority multi-annual plans reflecting the specificities of different fisheries.

(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, the Member States, cooperating closely with the public authorities and Regional 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 multi-annual plans,

Amendment  21

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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.

(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 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, scientists and institutional partners.

Amendment  22

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) Measures are needed to reduce and eliminate the current high levels of unwanted catches and discards. 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.

(18) Measures are needed to reduce the current high levels of unwanted catches and to gradually eliminate discards. Unfortunately, previous legislation has often obliged fishermen to discard valuable resources. Indeed, 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 aimed at avoiding unwanted catches in the first place.

Amendment  23

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment  24

Proposal for a regulation

Recital 18 b (new)

Text proposed by the Commission

Amendment

 

(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.

Amendment  25

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(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.

(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 free distribution of the fish landed for beneficial or charitable purposes.

Amendment  26

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) For the sake of conservation of stocks clear objectives should be applied with respect to certain technical measures.

(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 scales of governance should be tailored to management requirements.

Amendment  27

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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.

(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 there is insufficient data available, fisheries should be managed by using proxy standards.

Amendment  28

Proposal for a regulation

Recital 21 a (new)

Text proposed by the Commission

Amendment

 

(21a) The Union should step up 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.

Amendment  29

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) In view of the precarious economic state 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.

(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.

Amendment  30

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) The Commission 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.

(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.

Amendment  31

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Member States 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 individual fisheries and to increase the adherence to the policy.

(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.

Amendment  32

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission

Amendment

 

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

Amendment  33

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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.

deleted

Amendment  34

Proposal for a regulation

Recital 29 a (new)

Text proposed by the Commission

Amendment

 

(29a) The Commission should undertake fleet assessments in order to obtain credible results concerning the precise level of overcapacity at Union level, thus making it possible to propose appropriate and targeted instruments for its reduction.

Amendment  35

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(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.

deleted

Amendment  36

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(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.

deleted

Amendment  37

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission

Amendment

 

(31a) Each Member State should be allowed to choose its method of allocating the fishing opportunities assigned to it, in accordance with the subsidiarity principle, without an allocation system being imposed at European level. In this way, Member States will remain free to establish – or not to establish – a system of transferable fishing concessions.

Amendment  38

Proposal for a regulation

Recital 31 b (new)

Text proposed by the Commission

Amendment

 

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

Amendment  39

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) For Union fishing vessels not operating under a system of transferable fishing concessions, specific measures may be taken to align the number of Union fishing vessels with 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.

(32) In some cases, Member States still need to take specific measures to align their fishing capacity with the available resources. Therefore, capacity should 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.

Amendment  40

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) Fisheries management based on the best available 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.

(34) Fisheries management based on full 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 anecosystem-based interpretation of resources.

Amendment  41

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) Data collection should include data which facilitate the economic assessment of undertakings active in the fisheries sector, in aquaculture and in the processing of fisheries and aquaculture products and of employment trends in these industries.

(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.

Amendment  42

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(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. 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.

(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 regarding data collection, if possible using a regional body established for this purpose, bearing in mind the provisions of international law, and in particular UNCLOS.

Amendment  43

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) Policy-oriented fisheries science should be reinforced by means of nationally-adopted fisheries scientific data collection, research and innovation programs in coordination with other Member States as well as by Union research and innovation framework tools.

(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 is to be carried out by the Commission.

Amendment  44

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(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 conservation and management of international fish stocks, by promoting decision-making based on science and improved compliance, increased transparency and stakeholder participation, and by combating illegal, unreported and unregulated (IUU) fishing activities.

(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 conservation and sustainable management of international fish stocks, by promoting decision-making based on science, improved compliance, increased transparency, ensuring effective stakeholder participation, and by combating illegal, unreported and unregulated (IUU) fishing activities.

Amendment  45

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(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 a sustainable exploitation of the marine biological resources. 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 governance framework to ensure in particular efficient monitoring, control and surveillance measures.

(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 a 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 a high quality governance framework to ensure in particular efficient monitoring, control and surveillance measures.

Amendment  46

Proposal for a regulation

Recital 41 a (new)

Text proposed by the Commission

Amendment

 

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

Amendment  47

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(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 for European citizens and to contribute to the growing world aquatic food demand.

(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 and supplies, as well as growth and employment for European citizens and to contribute to the growing world aquatic food demand.

Amendment  48

Proposal for a regulation

Recital 46 a (new)

Text proposed by the Commission

Amendment

 

(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 committee for the outermost regions comprising three subcommittees (South-Western waters, South-West Indian Ocean waters, French West Indies and Antilles-Guiana Basin waters) should be set up. That advisory committee should have as one of its aims to contribute to measures against illegal, undeclared and unmanaged fishing worldwide.

Amendment  49

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(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; the Common Market Organisation for fishery and aquaculture products should ensure a level-playing field for all fishing and aquaculture products marketed in the Union, should enable consumers to make better informed choices and support responsible consumption, and should improve the economic knowledge and understanding of the Union markets along the supply chain.

(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, ensuring 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, whether these products originate in the Union or in third countries, should enable consumers to make better informed choices based on traceability, should support responsible consumption and should improve the economic knowledge and understanding of Union markets along the supply chain. In this Regulation, the Chapter on the Common Organisation of the Markets should include provisions making imports of fisheries and aquaculture products, subject to compliance with internationally recognised social and environmental standards.

Amendment  50

Proposal for a regulation

Recital 48

Text proposed by the Commission

Amendment

(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. A Union system for control, inspection, and enforcement should be established so as to ensure compliance with the Common Fisheries Policy's rules.

(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. 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.

Amendment  51

Proposal for a regulation

Recital 49

Text proposed by the Commission

Amendment

(49) The use of modern 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.

(49) The use of modern and 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.

Justification

The technology should not just be modern, but should also be proven to be effective.

Amendment  52

Proposal for a regulation

Recital 51

Text proposed by the Commission

Amendment

(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, multiannual Union financial assistance focused on the priorities of the Common Fisheries Policy should be granted to contribute to the achievement of those objectives.

(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, multiannual Union financial assistance, focused on the priorities of the Common Fisheries Policy and tailored to the specific features of the fishing industry in individual Member States, should be granted to contribute to the achievement of those objectives.

Amendment  53

Proposal for a regulation

Recital 52

Text proposed by the Commission

Amendment

(52) Union financial assistance should be made conditional upon compliance by Member States and operators 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.

(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 the Common Fisheries Policy by Member States and serious infringements of those rules by operators.

Amendment  54

Proposal for a regulation

Recital 53

Text proposed by the Commission

Amendment

(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.

(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.

Amendment  55

Proposal for a regulation

Recital 54

Text proposed by the Commission

Amendment

(54) It appears appropriate that the Commission be empowered by delegated acts to create a new Advisory Council and to modify areas of competence ot existing ones, in particular considering the specificities of the Black Sea.

(54) In view of the special characteristics of the outermost regions, of aquaculture and inland fishing and of the Black Sea, it is appropriate to establish a new Advisory Council for each of them.

Amendment  56

Proposal for a regulation

Recital 55

Text proposed by the Commission

Amendment

(55) To achieve the objectives of the Common Fisheries Policy, the power to adopt acts in accordance with Article 290 of the Treaty 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 conservation, 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 compositioning and functioning of Advisory Councils.

(55) To achieve the objectives of the Common Fisheries Policy, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of alleviating, 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, 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 and the composition and functioning of Advisory Councils.

Amendment  57

Proposal for a regulation

Recital 59

Text proposed by the Commission

Amendment

(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.

(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 to lay down rules on the conservation and exploitation of marine biological resources and rules that ensure the economic and social sustainability of the European Union fishing and shell-fishing sector, where appropriate, providing sufficient funding.

Amendment  58

Proposal for a regulation

Recital 62

Text proposed by the Commission

Amendment

(62) Regulation (EC) 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 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.

deleted

Amendment  59

Proposal for a regulation

Part I – Article 1

Text proposed by the Commission

Amendment

Scope

Scope

1. The Common Fisheries Policy shall cover:

1. The Common Fisheries Policy shall cover:

(a) conservation, management and exploitation of marine biological resources; and

(a) the conservation of marine biological resources and the sustainable exploitation and management of fisheries targeting such resources;

(b) fresh water biological resources, aquaculture, and the processing and marketing of fisheries and aquaculture products, in relation to measures on markets and financial measures in support of the Common Fisheries Policy.

(b) fresh water biological resources, aquaculture and the processing and marketing of fisheries and aquaculture products, in relation to measures on markets and financial measures in support of the Common Fisheries Policy, structural measures and the management of the fleet capacity;

 

(ba) the social and economic viability of fishing activities, the promotion of employment in, and the development of, coastal communities and the specific problems of small scale and artisanal fishing and aquaculture.

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

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

(a) on the territory of Member States; or

(a) on the territory of Member States; or

(b) in Union waters, including by fishing vessels flying the flag of, and registered in, third countries; or

(b) in Union waters, including by fishing vessels flying the flag of, and registered in, third countries; or

(c) by Union fishing vessels outside Union waters; or

(c) by Union fishing vessels outside Union waters, or

(d) by nationals of Member States, without prejudice to the primary responsibility of the flag State.

(d) by nationals of Member States, without prejudice to the primary responsibility of the flag State.

Amendment  60

Proposal for a regulation

Part I – Article 2

Text proposed by the Commission

Amendment

General Objectives

General Objectives

1. The Common Fisheries Policy shall ensure that fishing and aquaculture activities provide long-term sustainable environmental, economic and social conditions and contribute to the availability of food supplies.

1. The Common Fisheries Policy shall ensure that fishing and aquaculture activities are environmentally sustainable in the long-term and are managed in a way that is consistent with the objectives of achieving economic, social and 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, by 2015, that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield.

2. The Common Fisheries policy shall apply the precautionary approach to fisheries management, and shall 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 allow all recovered stocks to be maintained at these levels.

3. The Common Fisheries Policy shall implement the ecosystem-based approach to fisheries management to ensure that the impacts of fishing activities on the marine ecosystem are limited.

3. The Common Fisheries Policy shall implement the ecosystem-based approach to fisheries management and aquaculture to ensure that fishing and aquaculture contribute to the objective of minimising the impact of human activities on the marine ecosystem and that they do not contribute to the degradation of the marine environment and 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, working conditions, and safety of fishing operators.

4. The Common Fisheries Policy shall integrate the Union environmental legislation requirements.

4. The Common Fisheries policy shall be consistent with the Union's environmental legislation as 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.

Amendment  61

Proposal for a regulation

Part I – Article 3

Text proposed by the Commission

Amendment

For the purpose of achieving the general objectives set out in Article 2, the Common Fisheries Policy shall in particular:

For the purpose of achieving the general objectives set out in Article 2, the Common Fisheries Policy shall in particular:

(a) eliminate unwanted catches of commercial stocks and gradually ensure that all catches of such stocks are landed;

(a) prevent, minimize and as far as possible eliminate unwanted catches;

 

(aa) ensure that all catches of harvested and regulated stocks are landed, taking the best scientific advice into account, and avoiding the creation of new markets or expanding existing ones;

(b) provide conditions for efficient fishing activities within an economically viable and competitive fishing industry;

(b) provide conditions for efficient environmentally sustainable fishing activities in the Union to restore an economically viable and competitive fishing industry, ensuring fair conditions within the internal Market;

(c) promote the development of Union aquaculture activities to contribute to food security and employment in coastal and rural areas;

(c) promote the development of aquaculture activities and of the industries linked to them, ensuring that they are environmentally sustainable and that they/ contribute to food security and employment in coastal and rural areas;

(d) contribute to a fair standard of living for those who depend on fishing activities;

(d) promote an equitable distribution of marine resources in order to contribute to a fair standard of living and social standards for those who depend on fishing activities;

(e) take into account the interests of consumers;

(e) take into account the interests of consumers;

(f) ensure systematic and harmonised data collection and management.

(f) ensure systematic, harmonised, regular and reliable data collection and transparent data management and address the issues arising from data-poor stock management;

 

(fa) promote small-scale coastal fishing activities.

Amendment  62

Proposal for a regulation

Part I – Article 4

Text proposed by the Commission

Amendment

The Common Fisheries Policy shall be guided by the following principles of good governance:

The Common Fisheries Policy shall apply the following principles of good governance:

(a) clear definition of responsibilities at the Union, national, regional and local levels;

(a) clear definition of responsibilities at the Union, regional, national and local levels;

 

(aa) the need to take a decentralised and regionalised approach to fisheries management;

(b) establishment of measures in accordance with the best available scientific advice;

(b) establishment of measures in accordance with the best available scientific advice;

(c) a long-term perspective;

(c) a long-term perspective;

 

(ca) the reduction of administrative costs,

(d) broad involvement of stakeholders at all stages from conception to implementation of the measures;

(d) the appropriate involvement of stakeholders, in particular of Advisory Councils and social partners, at all stages - from conception to implementation - of the measures, that ensures that regional special characteristics are preserved, through a regionalised approach;

(e) the primary responsibility of the flag State;

(e) the primary responsibility of the flag State;

(f) consistence with the integrated maritime policy, and with other Union policies.

(f) consistence with the integrated maritime policy, and with other Union policies.

 

(fa) the need to carry out environmental and strategic impact assessments.

 

(fb) the parity between the internal and external dimension of the Common Fisheries Policy, such that standards and enforcement mechanisms applied within the Union are also applied externally, when applicable ;

 

(fc) transparent data-handling and decision-making in accordance with the Convention of the United Nations Economic Commission for Europe on access to information, public participation in decision-making and access to justice in environmental matters (‘the Aarhus Convention’), approved on behalf of the Union by Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters1.

 

______________________

 

1 OJ L 124, 17.5.2005, p. 1.

Amendment  63

Proposal for a regulation

Part I – Article 5 – indent 1

Text proposed by the Commission

Amendment

– ‘Union waters’ means the waters under the sovereignty or jurisdiction of the Member States with the exception of the waters adjacent to the territories listed in Annex II to the Treaty;

– ‘Union waters’ means the waters and the seabed under the sovereignty or jurisdiction of the Member States with the exception of those adjacent to the territories listed in Annex II to the Treaty;

Justification

In order to include sessile species.

Amendment  64

Proposal for a regulation

Part I – Article 5 – indent 5 a (new)

Text proposed by the Commission

Amendment

 

'fishermen' means any person engaging in professional fishing, as recognised by a Member State, on board an operational fishing vessel or engaging in the professional harvesting of marine organisms, as recognised by the Member State, without a vessel;

Amendment  65

Proposal for a regulation

Part I – Article 5 – indent 5 b (new)

Text proposed by the Commission

Amendment

 

‘entry to the fishing fleet’ means registration of a fishing vessel in the fishing vessel register of a Member State;

Amendment  66

Proposal for a regulation

Part I – Article 5 – indent 6

Text proposed by the Commission

Amendment

– 'maximum sustainable yield' means the maximum catch that may be taken from a fish stock indefinitely;

– 'maximum sustainable yield' means the highest theoretical equilibrium yield that can, be continuously taken (on average) from a stock under existing (average) environmental conditions without significantly affecting the reproduction process;

Amendment  67

Proposal for a regulation

Part I – Article 5 – indent 6 a (new)

Text proposed by the Commission

Amendment

 

‘harvested species’ means species subject to fishing pressure/exploitation, including species that are not landed, but are caught as by-catch or impacted by a fishery;

Amendment  68

Proposal for a regulation

Part I – Article 5 – indent 7

Text proposed by the Commission

Amendment

– 'precautionary approach to fisheries management' means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment;

– 'precautionary approach to fisheries management', as referred to in Article 6 of the UN Fish Stocks Agreement, means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non target species and their environment;

Amendment  69

Proposal for a regulation

Part I – Article 5 – indent 8

Text proposed by the Commission

Amendment

–‘ecosystem-based approach to fisheries management’ means an approach ensuring that benefits from living aquatic resources are high while the direct and indirect impacts of fishing operations on marine ecosystems are low and not detrimental to the future functioning, diversity and integrity of those ecosystems;

–‘ecosystem-based approach to fisheries management’ means an approach based on the guidelines for preserving the biological diversity and the composition, structure and functioning of ecosystems whose natural resources help, through fishery, to satisfy human needs;

Amendment  70

Proposal for a regulation

Part I – Article 5 – indent 9

Text proposed by the Commission

Amendment

–‘fishing mortality rate’ means the catches of a stock over a given period as a proportion of the average stock available to the fishery in that period;

–‘fishing mortality rate’ means the rate at which biomass and individuals of species are being removed from a stock by means of fishery activities;

Amendment  71

Proposal for a regulation

Part I – Article 5 – indent 9 a (new)

Text proposed by the Commission

Amendment

 

'FMSY' means the fishing mortality rate that is consistent with achieving the maximum sustainable yield;

Amendment  72

Proposal for a regulation

Part I – Article 5 – indent 10

Text proposed by the Commission

Amendment

–‘stock’ means a marine biological resource with distinctive characteristics that occurs in a given management area;

–‘stock’ means a marine biological resource that occurs in a given management area;

Amendment  73

Proposal for a regulation

Part I – Article 5 – indent 11

Text proposed by the Commission

Amendment

– ‘catch limit’ means a quantitative limit on landings of a fish stock or group of fish stocks over a given period;

– ‘catch limit’ means a quantitative limit on the catches of a fish stock or group of fish stocks over a given period;

Amendment  74

Proposal for a regulation

Part I – Article 5 – indent 11 a (new)

Text proposed by the Commission

Amendment

 

– 'unwanted catches' means catches of species below minimum conservation reference size or minimum landing size, or catches of prohibited or protected species, or of non-marketable species or individuals of marketable species which do not meet the requirements specified in the provisions of Union fisheries legislation laying down technical, monitoring and conservation measures;

Amendment  75

Proposal for a regulation

Part I – Article 5 – indent 12

Text proposed by the Commission

Amendment

– 'conservation reference point' means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management, for example with respect to an acceptable level of biological risk or a desired level of yield;

– 'conservation reference point' means values of fish stock population parameters (such as biomass (B), spawning stock biomass (SSB) or fishing mortality rate (F)) used in fisheries management, to define, for example, with respect to an acceptable level of biological risk or a desired level of yield;

Amendment  76

Proposal for a regulation

Part I – Article 5 – indent 12 a (new)

Text proposed by the Commission

Amendment

 

– 'limit reference point' means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management to indicate a threshold above or below which fisheries management is consistent with a management objective such as an acceptable level of biological risk or a desired level of yield;

Amendment  77

Proposal for a regulation

Part I – Article 5 – indent 12 b (new)

Text proposed by the Commission

Amendment

 

– 'stock within safe biological limits' means a stock with a high probability that its estimated spawning biomass at the end of the previous year is higher than the limit biomass reference point (Blim) and its estimated fishing mortality rate for the previous year is less than the limit fishing mortality rate reference point (Flim).

Amendment                78

Proposal for a regulation

Part I – Article 5 – indent 13

Text proposed by the Commission

Amendment

–‘safeguard’ means a precautionary measure designed to protect or prevent something undesirable occurring;

–‘safeguard’ means a precautionary measure designed to protect against something undesirable occurring;

Amendment  79

Proposal for a regulation

Part I – Article 5 – indent 14

Text proposed by the Commission

Amendment

technical measures means the measures that regulate the species composition, size composition of catches and impacts on components of the ecosystems resulting from fishing activities through conditioning the use and structure of fishing gear and restriction of access to fishing areas;

'technical measures' means the measures that regulate the species composition, size composition of catches and impacts on components of the ecosystems or their functioning resulting from fishing activities by conditioning the use and characteristics of fishing gear and through imposing time or space-related restrictions of access to fishing areas;

Amendment  80

Proposal for a regulation

Part I – Article 5 – indent 14 a (new)

Text proposed by the Commission

Amendment

 

– 'essential fish habitats' means fragile marine habitats that need to be protected due to their vital role in meeting the ecological and biological needs of fish species, including spawning, nursery and feeding grounds;

Amendment  81

Proposal for a regulation

Part I – Article 5 – indent 14 b (new)

Text proposed by the Commission

Amendment

 

– 'fishing protected area' means a geographically defined sea area in which all or certain fishing activities are temporarily or permanently banned or restricted in order to improve the exploitation and conservation of living aquatic resources or the protection of marine ecosystems;

Amendment  82

Proposal for a regulation

Part I – Article 5 – indent 15

Text proposed by the Commission

Amendment

– 'fishing opportunity' means a quantified legal entitlement to fish, expressed in terms of catches and/or fishing effort and conditions functionally linked thereto which are necessary to quantify them at a certain level;

– ‘fishing opportunity’ means a quantified legal entitlement to fish a certain fish stock, expressed in terms of maximum catches or maximum fishing effort for a given management area;

Amendment  83

Proposal for a regulation

Part I – Article 5 – indent 17

Text proposed by the Commission

Amendment

– ‘transferable fishing concessions’ means revocable user entitlements to a specific part of fishing opportunities allocated to a Member State or established in management plans adopted by a Member State in accordance with Article 19 of Regulation (EC) No 1967/200634, which the holder may transfer to other eligible holders of such transferable fishing concessions;

deleted

Amendment  84

Proposal for a regulation

Part I – Article 5 – indent 18

Text proposed by the Commission

Amendment

– ‘individual fishing opportunities’ means annual fishing opportunities allocated to holders of transferable fishing concessions in a Member State on the basis of the proportion of fishing opportunities pertaining to that Member State;

deleted

Justification

Following the deletion of Articles 27 to 33 of the regulation, this definition is irrelevant. Article 5 should be brought into line as well.

Amendment  85

Proposal for a regulation

Part I – Article 5 – indent 19

Text proposed by the Commission

Amendment

– 'fishing capacity' means a vessel's tonnage in GT (Gross Tonnage) and its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/86;

'fishing capacity' means the ability of a vessel to catch fish, measured in terms of vessel characteristics, including a vessel's tonnage in GT (Gross Tonnage), its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/86, as well as the character and size of its fishing gears and any other parameter that affects its ability to catch fish;

Amendment  86

Proposal for a regulation

Part I – Article 5 – indent 19 a (new)

Text proposed by the Commission

Amendment

 

‘living capacity’ means the areas on board intended solely to provide a living and resting space for the crew;

Amendment  87

Proposal for a regulation

Part I – Article 5 – indent 20

Text proposed by the Commission

Amendment

– ‘aquaculture’ means the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment, where the organisms remain the property of a natural or legal person throughout the rearing and culture stage, up to and including harvesting;

– ‘aquaculture’ means the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment;

Justification

The activity can not be defined by ownership. Also, former definition excludes artificial rebuilding of stocks or open-space cultures.

Amendment  88

Proposal for a regulation

Part I – Article 5 – indent 25

Text proposed by the Commission

Amendment

operator means the natural or legal person who operates or holds any enterprise carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products;

'operator' means the natural or legal person who operates or holds any enterprise carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products, or any other organisation representing fisheries professionals which is legally recognised and is in charge of managing access to fisheries resources, professional fisheries activities and aquaculture;

Amendment  89

Proposal for a regulation

Part I – Article 5 – indent 27

Text proposed by the Commission

Amendment

– 'end-user of scientific data' means a body with a research or management interest in the scientific analysis of data in the fisheries sector;

– ‘end-user of scientific data’ means a research body, or a management body with an interest in the scientific analysis of data in the fisheries sector;

Amendment  90

Proposal for a regulation

Part I – Article 5 – indent 28

Text proposed by the Commission

Amendment

surplus of allowable catch means that part of the allowable catch which a coastal State does not have the capacity to harvest;

'surplus of allowable catch' means that part of the allowable catch which a coastal State does not have the capacity to fish during a given period of time, resulting in the overall exploitation rate for individual stocks remaining below levels that are capable of restoring themselves and maintaining populations of harvested species above levels which can produce the maximum sustainable yield;

Justification

The definition of surplus has to ensure that overfishing in third countries waters is avoided.

Amendment  91

Proposal for a regulation

Part I – Article 5 – indent 30

Text proposed by the Commission

Amendment

– 'spawning stock biomass' means an estimate of the mass of the fish of a particular resource that reproduces at a defined time, including both males and females and including fish that reproduce viviparously;

– 'spawning stock biomass' means an estimate of the mass of the fish of a particular resource that is sufficiently mature to reproduce at a defined time;

Amendment  92

Proposal for a regulation

Part I – Article 5 – indent 31

Text proposed by the Commission

Amendment

– 'Mixed fisheries' means fisheries where more than one species are present in the area being fished and are vulnerable to being caught in the fishing gear.

– 'Mixed fisheries' means fisheries in which more than one species is present in a given area and may be caught in the same catch;

Amendment  93

Proposal for a regulation

Part I – Article 5 – indent 32

Text proposed by the Commission

Amendment

sustainable fisheries agreements mean international agreements concluded with another state for the purpose of obtaining access to resources or waters in exchange for financial compensation from the Union.

'sustainable fisheries agreements' mean international agreements concluded with another state for the purpose of obtaining access to resources or waters in order to sustainably exploit a share of the surplus of marine biological resources in exchange for financial compensation from the Union, which goes to support the local fishing sector, with a particular emphasis on scientific data collection, monitoring and control, or for the purpose of obtaining reciprocal access to resources or waters by way of exchange of fishing opportunities between the Union and the third country;

Amendment  94

Proposal for a regulation

Part I – Article 5 – indent 32 a (new)

Text proposed by the Commission

Amendment

 

– 'small scale and artisanal fisheries', means the fisheries undertaken by vessels which have an overall length equal to or less than 15 metres, and/or which spend less than 24 hours at sea and sell their catch fresh, with the exception of those vessels fishing with towed gear;

Justification

It is necessary to define this concept as it will be used throughout the report.

Amendment  95

Proposal for a regulation

Part I – Article 5 – indent 32 b (new)

Text proposed by the Commission

Amendment

 

– 'by-catch' means the capture of any non-target organism whether it is retained and landed or discarded;

Amendment  96

Proposal for a regulation

Part I – Article 5 – indent 32 c (new)

Text proposed by the Commission

Amendment

 

– 'catch' means any marine biological resources that are captured by fishing;

Amendment  97

Proposal for a regulation

Part I – Article 5 – indent 32 d (new)

Text proposed by the Commission

Amendment

 

– 'low impact fishing' means utilising selective fishing techniques, which have a minimal detrimental impact on marine ecosystems and low fuel emissions;

Amendment  98

Proposal for a regulation

Part I – Article 5 – indent 32 e (new)

Text proposed by the Commission

Amendment

 

– 'selective fishing' means fishing with fishing methods or fishing gears that target and capture organisms by size and species during the fishing operation, allowing non-targets to be avoided or released unharmed;

Amendment  99

Proposal for a regulation

Part II – Article 6 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. The status of the existing Biologically Sensitive Area as defined in Council Regulation (EC) No 1954/2003 shall be maintained in its current form.

Justification

The Biologically Sensitive Area is extremely important in the management of fish stocks in Western Waters and must be treated as it has been hitherto and similarly to those sea areas surrounding the Azores, Madeira and the Canary Islands.

Amendment  100

Proposal for a regulation

Part III – title

Text proposed by the Commission

Amendment

MEASURES FOR THE CONSERVATION OF MARINE BIOLOGICAL RESOURCES

MEASURES FOR THE CONSERVATION AND SUSTAINABLE EXPLOITATION OF MARINE BIOLOGICAL RESOURCES

Amendment  101

Proposal for a regulation

Part III – Article -7 a (new)

Text proposed by the Commission

Amendment

 

Article -7a

 

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 be adopted, in particular, in the form of multiannual plans in accordance with Articles 9, 10 and 11 of this Regulation.

 

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

 

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

Amendment  102

Proposal for a regulation

Part III – Article 7

Text proposed by the Commission

Amendment

Measures for the conservation of marine biological resources may include the following:

Measures for the conservation and sustainable exploitation of marine biological resources may include the following:

(a) adopting multiannual plans under Articles 9 - 11;

(a) adopting multiannual plans under Articles 9 - 11;

(b) establishing targets for the sustainable exploitation of stocks;

(b) establishing targets for the sustainable exploitation and conservation of stocks and for the protection of the marine environment from the impact of fishing activities

(c) adopting measures for the purpose of adapting the number of fishing vessels and/or types of fishing vessels to available fishing opportunities;

(c) adopting measures for the purpose of adapting the number of fishing vessels and/or types of fishing vessels to available fishing opportunities

(d) establishing incentives, including those of an economic nature, to promote more selective or low impact fishing;

(d) establishing incentives to promote more selective fishing and fishing methods having a low impact on the marine ecosystem and fishery resources, including preferential access to national fishing opportunities and incentives of an economic nature,

(e) fixing fishing opportunities;

(e) adopting measures on the fixing and the allocation of fishing opportunities, as defined in Article 16,

(f) adopting technical measures as referred to in Article 14;

(f) adopting technical measures as referred to in Articles 8 and 14,

(g) adopting measures concerning the obligation to land all catches;

(g) adopting measures in pursuit of the objectives laid down in Article 15 of this Regulation,

(h) conducting pilot projects on alternative types of fishing management techniques.

(h) conducting pilot projects on alternative types of fishing management techniques and gears that increase selectivity or minimise the impact of fishing activities on the marine environment,

 

(ha) adopting measures which help Member States to meet requirements under environmental legislation;

 

 

 

(hb) adopting other measures that contribute to achieving the objectives of Articles 2 and 3.

Amendment  103

Proposal for a regulation

Part III – Article 7 a (new)

Text proposed by the Commission

Amendment

 

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, including, 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.

Amendment  104

Proposal for a regulation

Part III – Article 8

Text proposed by the Commission

Amendment

Technical measures may include the following:

Technical measures may include the following:

(a) mesh sizes and rules concerning the use of fishing gears;

(a) definitions of the characteristics of fishing gears and rules concerning their use

(b) restrictions on the construction of fishing gear, including

(b) specifications on the construction of fishing gear, including:

i) modifications or additional devices to improve selectivity or to reduce impact on the benthic zone;

(i) modifications or additional devices to improve selectivity or to minimize the negative impact on the ecosystem;

ii) modifications or additional devices to reduce the incidental capture of endangered, threatened and protected species;

(ii) modifications of additional devices to reduce the incidental capture of endangered, threatened and protected species, as well as other unwanted catches;

(c) prohibitions of the use of certain fishing gears in certain areas or seasons;

(c) prohibitions of or restrictions on the use of certain fishing gears or other technical equipment;

(d) prohibition or restriction of fishing activities in certain zones and/or periods;

(d) prohibitions of, or restriction on, fishing activities in certain zones or periods;

(e) requirements for fishing vessels to cease operating in an area for a defined minimum period in order to protect a temporary aggregation of a vulnerable marine resource;

(e) requirements for fishing vessels to cease operating in a defined area for a defined minimum period in order to protect essential fish habitats, temporary aggregations of a vulnerable marine resource, endangered species, spawning fish or juveniles;

(f) specific measures to reduce the impact of fishing activities on marine eco-systems and non target species;

(f) specific measures to minimise the negative impact of fishing activities on the marine biodiversity and marine eco-systems, including measures to avoid, to reduce and, as far as possible, to eliminate unwanted catches;

(g) other technical measures aimed at protecting marine biodiversity.

 

Amendment  105

Proposal for a regulation

Part III – Article 9

Text proposed by the Commission

Amendment

1. Multiannual plans providing for conservation measures to maintain or restore fish stocks above levels capable of producing maximum sustainable yield shall be established as a priority.

1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall, as a priority and at the latest by...* 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 in accordance with Article 2(2). Multiannual plans shall also enable other objectives, set out in Articles 2 and 3 of this Regulation, to be achieved.

2. Multiannual plans shall provide for:

2. Multiannual plans shall provide for:

(a) the basis for fixing fishing opportunities for the fish stocks concerned on the basis of predefined conservation reference points; and

(a) the basis for fixing fishing opportunities for the fish stocks concerned on the basis of predefined conservation reference points and/or limit reference points consistent with the objectives set out in Article 2 and respecting scientific advice,

(b) measures capable of effectively preventing conservation reference points from being transgressed.

(b) measures capable of effectively preventing limit reference points from being transgressed and aiming to reach conservation reference points,

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.

3. Multiannual plans shall cover, where possible, either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks, taking due account of interactions between stocks, fisheries and the 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 and all quantified sources of uncertainty in a scientifically valid manner.

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.

 

___________________

 

* OJ: please insert the date, four years after the date of entry into force of this Regulation

Amendment  106

Proposal for a regulation

Part III – Article 10

Text proposed by the Commission

Amendment

1. Multiannual plans shall provide for adaptations of the fishing mortality rate, resulting in a fishing mortality rate that restores and maintains all stocks above levels capable of producing maximum sustainable yield by 2015.

1. Multiannual plans shall provide for the adaptation of fishing mortality rates, so 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 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 is not possible, multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks.

2. In cases where the determination of a fishing mortality, as established in paragraph 1, is not possible, multiannual plans shall apply the precautionary approach to fisheries management and shall set out proxy standards and measures that ensure at least a comparable degree of conservation of relevant stocks.

 

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

Amendment  107

Proposal for a regulation

Part III – Article 10 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. 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 MSY, where scientific advice indicates that increases in selectivity to avoid the phenomenon of "choke species" cannot be achieved.

Amendment  108

Proposal for a regulation

Part III – Article 11

Text proposed by the Commission

Amendment

A multiannual plan shall include:

1. A multiannual plan shall include:

(a) the scope, in terms of stocks, fishery and the marine ecosystem to which the multiannual plan shall be applied;

(a) the scope, in terms of geographical area, stocks, fisheries and the marine ecosystems to which the multiannual plan shall be applied;

(b) objectives consistent with the objectives set out in Articles 2 and 3;

(b) objectives that are consistent with objectives set out in Articles 2 and 3 and with the relevant provisions of Articles -7a, 9 and 10.

 

(ba) an assessment of fleet capacity and, where there is no effective balance between fishing capacity and the available fishing opportunities, a capacity reduction plan including a timeline and the specific steps to be undertaken by each Member State concerned that will result in the alignment of such fishing capacity with the available fishing opportunities within a binding timetable; without prejudice to the obligations laid down in Article 34, such assessment should also include an evaluation of the socioeconomic dimension of the fleet under investigation;

 

(bb) an assessment of the socio-economic impact of the measures taken in the multiannual plan;

(c) quantifiable targets expressed in terms of:

(c) quantifiable targets expressed in terms of:

i) fishing mortality rates, and/or

(i) fishing mortality rates, and/or

ii) spawning stock biomass, and

(ii) spawning stock biomass, and

 

(iia) maximum percentages of unwanted and unauthorised catches

 

(iib) maximum annual changes in fishing opportunities

iii) stability of catches.

 

(d) clear time frames to reach the quantifiable targets;

(d) clear time frames to reach all the quantifiable targets

(e) technical measures including measures concerning the elimination of unwanted catches;

(e) conservation and technical measures to be taken in view of achieving the targets set out in Article 15 and measures designed to avoid and as far as possible eliminate unwanted catches

(f) quantifiable indicators for periodic monitoring and assessment of the progress related to achieving the targets of the multiannual plan;

(f) quantifiable indicators for periodic monitoring and assessment of the progress related to achieving the targets of the multiannual plan and of its socio-economic impact;

(g) specific measures and objectives for the freshwater part of the life cycle of anadromous and catadromous species;

(g) specific measures and objectives for the freshwater part of the life cycle anadromous and catadromous species, where appropriate;

(h) minimisation of impacts of fishing on the eco-system;

(h) measures for reducing the impact of fishing on the eco-system;

(i) safeguards and criteria activating those safeguards;

(i) safeguards and criteria activating those safeguards;

 

(ia) measures to ensure compliance with provisions of the multiannual plan.

(j) any other measures suitable to achieve the objectives of multiannual plans.

(j) any other suitable and proportionate measures to achieve the objectives of multiannual plans.

 

1a. Multiannual plans shall provide for their periodic review to assess progress made towards reaching their objectives. In particular, such periodic reviews shalltake into account new elements, such as changes in the scientific advice in order to allow for any necessary intermediate adjustments.

Amendment  109

Proposal for a regulation

Part III – Article 12 – paragraph 1

Text proposed by the Commission

Amendment

Compliance with obligations under Union environmental legislation

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

1. In special areas of conservation within the meaning of 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, 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 conservation.

1. The Common Fisheries Policy and all subsequent measures adopted by Member States on 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 mentioned in Article 6 of Directive 92/43/EEC, Article 4 of Directive 2009/147/EC and Article 13(4) of Directive 2008/56/EC, it shall, in consultation with the Commission, Advisory Councils and other relevant stakeholders, regulate fishing activities in a way that fully complies with the objectives of those Directives. .

Amendment  110

Proposal for a regulation

Part III – Article 12 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Member States shall be empowered to adopt measures applicable to waters under their sovereignty and jurisdiction that are necessary to comply with their obligations under the relevant Union law concerning the protection of the marine environment. Such measures shall be compatible with the objectives set out in Article 2 and shall be no less stringent than the existing Union legislation.

Justification

The article aims to cover the necessity for the CFP to ensure coherence with EU environmental legislation in a comprehensive fashion. It provides two options for the special situation when Member States have access to territorial waters of another Member State and aims to balance out any resulting negative socio-economic consequences for fishers.

Amendment  111

Proposal for a regulation

Part III – Article 12 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. 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 such Member States may request that the Commission adopt the measures referred to in paragraph 1.

Amendment  112

Proposal for a regulation

Part III – Article 12 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

 

1c. When acting upon the request referred to in paragraph 1b, the Commission shall receive from the requesting Member State or Member States all relevant information on the measures requested, including rationale behind the request, 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 available to it.

Amendment  113

Proposal for a regulation

Part III – Article 12 – paragraph 1 d (new)

Text proposed by the Commission

Amendment

 

1d. The Union shall take measures to reduce the possible negative social and economic consequences of adopting measures referred to in paragraph 1.

Amendment  114

Proposal for a regulation

Part III – Article 12 – paragraph 2

Text proposed by the Commission

Amendment

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.

deleted

Justification

The measures referred to in this paragraph require national legislation to be drawn up, which means that delegated acts should not apply.

Amendment  115

Proposal for a regulation

Part III – Article 13

Text proposed by the Commission

Amendment

1. On the basis of evidence 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 measures to alleviate the threat.

1. Where 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 requiring immediate action, the Commission shall 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.

 

Amendment  116

Proposal for a regulation

Part III – Article 13 a (new)

Text proposed by the Commission

Amendment

 

Article 13a

 

Member State emergency measures

 

1. If there is evidence of 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 their intention to the Commission, the other Member States and the Regional Advisory Councils concerned by sending a draft of those measures, together with an explanatory memorandum.

 

3. The Member States and Regional Advisory Councils concerned 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).

 

 

Justification

While Article 13(1) provides the Commission with powers, this Article provides Member States with such powers to take emergency action. The text reinstates Article 8 of the former CFP Regulation, amended slightly in accordance with the recommendations from the Parliament's legal service.

Amendment  117

Proposal for a regulation

Part III – Article 14

Text proposed by the Commission

Amendment

 

 

Technical measures frameworks to ensure the protection of marine biological resources and the reduction of the impact of fishing activities on fish stocks and on marine eco-systems shall be established. Technical measures frameworks shall:

Technical measures frameworks to ensure the protection of marine biological resources and the reduction of the impact of fishing activities on fish stocks and other species shall be established. Technical measures frameworks shall:

(a) contribute to maintaining or restoring fish stocks above levels capable of producing maximum sustainable yield through improvements in size-selection and where appropriate species selection;

(a) contribute to the maintenance or restoration of fish stocks above levels capable of producing maximum sustainable yield in accordance with Article 2( 2), through improvements in selection by species and size;

(b) reduce catches of undersized individuals from fish stocks;

(b) avoid, minimise and, as far as possible, eliminate catches of undersized individuals from fish stocks;

(c) reduce catches of unwanted marine organisms;

(c) avoid, minimise and as far as possible eliminate unwanted catches of marine organisms and seabirds;

(d) mitigate the impact of fishing gear on the ecosystem and the environment, with particular regard to the protection of biologically sensitive stocks and habitats.

(d) minimise the impact of fishing gear on the ecosystem and the marine environment, with particular regard to the protection of biologically sensitive stocks and habitats.

Amendment  118

Proposal for a regulation

Part III – Article 14 a (new)

Text proposed by the Commission

Amendment

 

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 competent Regional 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 those pilot projects shall be reflected in the long-term management 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.

Amendment  119

Proposal for a regulation

Part III – Article 15

Text proposed by the Commission

Amendment

Obligation to land all catches

Obligation to land and record all catches of harvested and regulated species

1. All catches of the following fish stocks subject to catch limits caught 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:

1. All catches of harvested 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 , in accordance with the following timeframe:

(a) At the latest from 1 January 2014:

(a) At the latest from 1 January 2014

– mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardinella, capelin;

small pelagic fisheries i.e. fisheries for mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine, sprat;

– bluefin tuna, swordfish, albacore tuna, bigeye tuna, other billfish.

large pelagic fisheries i.e. fisheries for bluefin tuna, swordfish, albacore tuna, bigeye tuna, other billfish;

 

– fisheries for industrial purposes, inter alia fisheries for capelin, sandeel and Norway pout;

 

salmon in the Baltic Sea.

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

(b) At the latest from 1 January 2016:

 

– the following fisheries in Union waters of the Northern Atlantic:

 

The North Sea

 

– fisheries for cod, haddock, whiting, saithe;

 

– fisheries for Norway lobster;

 

– fisheries for common sole and plaice;

 

– fisheries for hake;

 

– fisheries for Northern prawn;

 

– other fisheries to be further analyzed

 

– fisheries in the Baltic Sea other than for salmon;

 

North Western waters

 

– fisheries for cod, haddock, whiting, saithe;

 

– fisheries for Norway lobster;

 

– fisheries for common sole and plaice;

 

– fisheries for hake;

 

– other fisheries to be further analyzed

 

South Western waters

 

– fisheries for cod, haddock, whiting, saithe;

 

– fisheries for Norway lobster;

 

– fisheries for common sole and plaice;

 

– fisheries for hake;

 

– other fisheries to be further analyzed

(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 stocks.

(c) At the latest from 1 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:

 

– species captured to be used as live bait;

 

– species which the available scientific information shows to have a high catch survival rate, bearing in mind the nature of the fishing gear, the fishing practices and the circumstances in the fishing area;

 

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 Union regulations on the implementation of the landing obligation or other legislative acts adopted by the Union shall, where appropriate, lay down

 

(a) a list of non-target species of low natural abundance which may be counted against the quota of the target species of that fishery where :

 

– the national yearly quota for this non-target species is completely utilised;

 

– the accumulated catches of the non-target species do not exceed a 3 % share of the overall catch of the target species; and

 

– the stock of the non-target species is within safe biological limits;

 

(b) provisions for de-minimis exemptions from the obligation to land all catches - which may allow fishermen to discard up to 5 % of their overall annual catch while ensuring that the accumulated discards of each stock do not exceed 5 % of the EU total annual catch of this stock, on condition that such exemptions prevent disproportionate costs of handling unwanted catches and are only granted where scientific evidence indicates that increases in selectivity are very difficult to achieve;

 

(c) rules on incentives to prevent the catching of juvenile fish, including higher quota shares that have to be deducted from a fisherman's quota in the event of catching juveniles;

2. Minimum conservation reference sizes based on the best available scientific advice shall be established for the fish stocks 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 fish meal or pet food only.

2. Based on the best available accurate and up-to-date scientific advice and, where necessary, in order to protect juveniles by discouraging deliberate 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. Catches of such fish below the minimum conservation reference size shall be restricted to uses other than human consumption, such as fish meal, fish oil, pet food or bait. The Member State concerned may also allow such fish to be donated for welfare or charitable purposes.

3. Marketing standards for catches of fish caught in excess of fixed fishing opportunities shall be established in accordance with Article 27 of [the Regulation on the common organisation of the markets in fishery and aquaculture products].

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 may be established in accordance with Article 39 of [the Regulation on the common organisation of the markets in fishery and aquaculture products].

 

3a. The entire proceeds of sales of all landings pursuant to paragraph 1 shall be paid into a fund managed by the Member State in which the landings occur and shall be used for control and surveillance and the collection of scientific and fishery-related data.

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.

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.

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 specify the measures set out in paragraph 1 for the purpose of complying with the Union's international obligations.

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

Amendment  120

Proposal for a regulation

Part III – Article 16

Text proposed by the Commission

Amendment

1. Fishing opportunities allocated to Member States shall ensure each Member State 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.

1. When fixing and allocating fishing opportunities, the Council shall act in conformity with Articles 2, 9, 10 and 11 of this Regulation, apply a long-term perspective and follow the best available scientific advice. Fishing opportunities shall be distributed among Member States in such a way as to ensure, for each of them, relative stability of fishing activities for each 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.

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

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

3. Fishing opportunities shall comply with quantifiable targets, time frames and margins established in accordance with Article 9(2) and 11(b), (c) and (h).

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, 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 allow all recovered stocks to be maintained at these levels.

 

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

 

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:

 

(i) the precautionary approach shall be applied to fisheries management;

 

(ii) proxy standards shall be adopted on the basis of the methodologies set out in points 3.1 and 3.2 of Part B of the Annex to Decision 2010/477/EU1, and fishing mortality shall be further reduced in accordance with the precautionary principle or, in cases where there are indications that the stock status is satisfactory, of stable trends;

 

(iii) the Commission and the Member States shall evaluate the obstacles to research and to the acquisition of knowledge and shall take steps to enable additional stock and ecosystem data to be supplied without delay.

 

3c. Each Member State shall decide, for vessels flying its flag, on the method of allocating the fishing opportunities assigned to that Member State 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.

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

 

4a. 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).

 

____________________

 

1 OJ L 232, 2.9.2010, p. 14.

Amendment  121

Proposal for a regulation

Part III – Article 17

Text proposed by the Commission

Amendment

1. In a multiannual plan established pursuant to Articles 9, 10 and 11 Member States may be authorised to adopt measures, in accordance with that multiannual plan, which specify the conservation measures applicable to vessels flying their flag in relation to stocks in Union waters for which they have been allocated fishing opportunities.

1. In a multiannual plan established pursuant to Articles 9, 10 and 11 Member States sharing 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 flag in 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:

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

(a) are compatible with the objectives set out in Articles 2 and 3;

(a) are compatible with the objectives set out in Articles 2 and 3, and with the principles of good governance set out in Article 4;

(b) are compatible with the scope and objectives of the multiannual plan;

(b) are compatible with the scope and objectives of the multiannual plan;

(c) meet the objectives and quantifiable targets set out in a multiannual plan effectively; and

(c) meet the objectives and quantifiable targets set out in a multiannual plan effectively within the specified timeframe; and

(d) are no less stringent than those existing in Union legislation.

(d) are no less stringent than those existing in Union legislation.

 

2a. Member States shall cooperate with one another to ensure the adoption of compatible measures that will meet the objectives set out in multiannual plans and shall coordinate 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 existing under the Regional Sea Conventions covering the relevant area or fishery.

 

Efforts of coordination between Member States sharing a fishery shall be eligible for funding under the European Maritime and Fisheries Fund (EMFF), in accordance with Regulation (EU) No xx/2013 [on the European Maritime and Fisheries Fund].

 

2b. Member States shall consult the relevant Advisory Councils and ICES and/or the Scientific, Technical and Economic Committee for Fisheries (STECF) by sending them a draft of the measures to be adopted, accompanied by an explanatory memorandum. Such drafts shall at the same time be notified to the Commission and 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 summaries of the draft conservation measures which it is proposed to enact available to the public.

 

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

 

2d. Where Member States wish to amend the adopted measures, paragraphs 2 to 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 to 2c, in order to ensure that the adopted measures are coherent, coordinated at regional level and in conformity 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 in view of promoting and facilitating the adoption of the measures by each of the Member States.

 

2f. Member States sharing a fishery may agree together and cooperate to implement joint measures under the long-term management 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 which 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 that committee it shall publish an assessment outlining in detail its reasons for deviating from the advice.

Amendment  122

Proposal for a regulation

Part III – Article 18

Text proposed by the Commission

Amendment

Member States adopting conservation measures pursuant to Article 17(1) shall notify the Commission, other interested Member States and relevant Advisory Councils of such measures.

Member States adopting conservation measures pursuant to Article 17(1) shall publish such measures and notify the Commission, other interested Member States and relevant Advisory Councils thereof.

Amendment  123

Proposal for a regulation

Part III – Article 19

Text proposed by the Commission

Amendment

The Commission may at any time assess the compatibility and effectiveness of conservation measures adopted by Member States pursuant to Article 17(1).

1. The Commission may at any time assess the compatibility and effectiveness of conservation measures adopted by Member States pursuant to Article 17 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 assessement 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)1, Member States shall provide the Commission, for the performance of its task in relation to the implementation of the Common Fisheries Policy, 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/EC2 and Regulations (EC) No 1049/20013 and 1367/20064 shall apply.

 

1 OJ L 108, 25.4.2007, p. 1.

 

2 OJ L 41, 14.2.2003, p. 26.

 

3 OJ L 145, 31.5.2001, p. 43.

 

4 OJ L 264, 25.9.2006, p. 13.

Amendment  124

Proposal for a regulation

Part III – Article 19 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. The Commission shall publish any assessments made according to this Article, and shall make this information publicly accessible 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 1367/2006 shall apply.

Amendment  125

Proposal for a regulation

Part III – Article 20

Text proposed by the Commission

Amendment

 

 

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 three months after the date of entry into force of the multiannual plan.

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 the 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. 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, if

2. Where the Commission is of the opinion that

(a) Member State measures are deemed not to be compatible with the objectives of a multiannual plan on the basis of an assessment carried out pursuant to Article 19 or

(a) Member State measures are not compatible with the objectives of a multiannual plan on the basis of an assessment carried out pursuant to Article 19 or

(b) Member State measures are deemed not to meet the objectives and quantifiable targets set out in multiannual plans effectively, on the basis of an assessment carried out pursuant to Article 19, or

(b) Member State measures do not meet the objectives and quantifiable targets set out in multiannual plans effectively, on the basis of an assessment carried out pursuant to Article 19, or

(c) safeguards established in accordance with Article 11(i) are triggered.

(c) safeguards established in accordance with Article 11(i) are triggered,

 

it shall notify the Member State concerned, giving its reasons. .

 

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

 

2b. In the event of a Member State failing to modify their measures pursuant to paragraph 2a, the Commission shall be empowered to adopt delegated acts in accordance with Article 55 specifyingconservation measures for 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.

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 and ICES and/or STECF on a draft of the measures accompanied by an explanatory memorandum.

Amendment  126

Proposal for a regulation

Part III – Article 21

Text proposed by the Commission

Amendment

 

 

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

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

(a) are compatible with the objectives set out in Articles 2 and 3;

(a) are compatible with the objectives set out in Articles 2 and 3;

(b) are compatible with the objectives set out in measures adopted in accordance with Article 14;

(b) are compatible with the objectives set out in measures adopted in accordance with Article 14;

(c) meet the objectives set out in measures adopted in accordance with Article 14 effectively; and

(c) meet the objectives set out in measures adopted in accordance with Article 14 effectively; and

(d) are no less stringent than those existing in Union legislation.

(d) do not conflict with and are no less stringent than those existing in Union legislation.

 

1a. Member States shall cooperate with one another to ensure the adoption of compatible measures to achieve the objectives set out in technical measures frameworks and coordinate 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 covering the relevant area or fishery.

 

1b. Member States shall consult the relevant Advisory Councils and ICES and/or STECF on a draft of the measures accompanied by an explanatory memorandum. Such drafts shall, at the same time, be notified to the Commission and 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 and ICES and/or 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 to 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 to 1c, in order to ensure that the adopted measures are coherent, coordinated at regional level and in conformity 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 in view of promoting and facilitating the adoption of the measures by each of the Member States.

Amendment  127

Proposal for a regulation

Part III – Article 22

Text proposed by the Commission

Amendment

Member States adopting technical measures pursuant to Article 21 shall notify the Commission, other interested Member States and relevant Advisory Councils of such measures.

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

Amendment  128

Proposal for a regulation

Part III – Article 23

Text proposed by the Commission

Amendment

The Commission may at any time assess the compatibility and effectiveness of technical measures adopted by Member States pursuant to Article 21.

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, Member States shall provide the Commission, for the performance of its task in relation to the implementation of the Common Fisheries Policy, with access and user rights in respect of 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 1367/2006 shall apply.

Amendment  129

Proposal for a regulation

Part III – Article 23 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. The Commission shall publish any assessments made according to this Article, and shall make this information publicly accessible 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 1367/2006 shall apply.

Amendment  130

Proposal for a regulation

Part III – Article 24

Text proposed by the Commission

Amendment

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 three months after the date of entry into force of the 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 the 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. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify technical measures, if Member State measures are deemed on the basis of an assessment carried out pursuant to Article 23:

2. Where the Commission is of the opinion that Member State measures

(a) not to be compatible with the objectives set out in a technical measures framework or

(a) are not compatible with the objectives set out in a technical measures framework or

(b) not to meet the objectives set out in such a technical measures framework effectively.

(b) do not meet the objectives set out in such a technical measures framework effectively,

 

it shall notify the Member State concerned, giving its reasons.

 

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

 

2b. In the event of a Member State failing to modify their measures pursuant to paragraph 2a, the Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify 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.

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, ICES and STECF on a draft of the measures accompanied by an explanatory memorandum.

Amendment 131

Proposal for a regulation

Part III – Article 25 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) apply solely to fishing vessels flying the flag of that Member State or, in the case of fishing activities which are not conducted by a fishing vessel, to persons established in the territory;

(a) apply to all vessels operating in relation to stocks in their waters for which they have been allocated fishing opportunities;

Justification

In inshore waters the requirements of the Member State must apply to all fishing vessels of whatever nationality. No other approach can be regarded as fair to all.

Amendment  132

Proposal for a regulation

Part III – Article 25 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

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

Amendment  133

Proposal for a regulation

Part III – Article 25 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

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

Amendment  134

Proposal for a regulation

Part III – Article 26 – paragraph 1

Text proposed by the Commission

Amendment

1. A Member State may take non-discriminatory measures for the conservation and management of fish stocks and to minimise the effect of fishing on the conservation 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. 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.

1. A Member State may take non-discriminatory measures for the conservation and management of fish stocks and to meet targets relating to other living aquatic resources and the maintenance or improvement of 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.

Amendment 135

Proposal for a regulation

Part III – Article 26 – paragraph 2

Text proposed by the Commission

Amendment

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 consulting the Commission, the relevant Member States and relevant Advisory Councils on a draft of the measures accompanied by an explanatory memorandum.

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 notifying the Commission, the relevant Member States and relevant Advisory Councils of the measures accompanied by an explanatory memorandum that shall also demonstrate that those measures are non-discriminatory.

Justification

In the interests of conservation, and to promote equity between all fishing vessels, the role of Member States needs to be strengthened in this regard.

Amendment  136

Proposal for a regulation

Part III – Article 26 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

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

Amendment  137

Proposal for a regulation

Part IV

Text proposed by the Commission

Amendment

 

Part IV deleted

Justification

The deletion of the transferrable fishing concessions shall be accompanied by a new paragraph in Article 16, which shall allow each Member State to choose the method of allocating the fishing opportunities assigned to it, in accordance with the principle of subsidiarity. This will enable Member States who wish to do so to implement a system of transferrable fishing concessions.

Amendment  138

Proposal for a regulation

Part V – Article 34

Text proposed by the Commission

Amendment

1. Member States shall put in place measures to adjust the fishing capacity of their fleets in order to achieve an effective balance between such fishing capacity and their fishing opportunities.

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

 

1a. In order to achieve the objective specified in paragraph 1, Member States shall conduct annual capacity assessments and transmit the results 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. They 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 for 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 a discrepancy between their fishing capacity and their fishing opportunities, the Member States shall within a year adopt a detailed programme, including a binding timetable, for any necessary adjustment of the fishing capacity of their fleets in terms of vessel numbers and characteristics with the objective of achieving a stable and enduring balance between their fishing capacity and their fishing opportunities. It shall transmit this programme to the European Parliament, the Commission, and 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 programme, this will result in the interruption of Union financial assistance to that Member States under the Common Fisheries Policy.

 

In the last resort, and only if any of those steps 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.

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.

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.

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.

Amendment  139

Proposal for a regulation

Part V – Article 34 a (new)

Text proposed by the Commission

Amendment

 

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 previouswithdrawal without public aid of at least the same amount of capacity.

Amendment  140

Proposal for a regulation

Part V – Article 35

Text proposed by the Commission

Amendment

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

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.

2. By 30 December …*, the Commission shall submit a proposal to the European Parliament and the Council to amend Annex II to this Regulation and Council Regulation (EEC) 2930/1986 in order to define capacity with regard to any measurable parameter of the 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 this 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.

 

 

______________

 

* OJ please insert the year following that of the entry into force of this Regulation.

Amendment  141

Proposal for a regulation

Part V – Article 36

Text proposed by the Commission

Amendment

1. Member States shall record the information on characteristics and activity for Union fishing vessels flying their flag that is necessary for the management of measures established under this Regulation.

1. Member States shall record the information on ownership, vessel and gear characteristics and on the activity of 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 available to the Commission the information referred to in paragraph 1.

2. Member States shall submit 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.

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. 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.

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 establish 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.

5. The Commission shall adopt 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).

Amendment  142

Proposal for a regulation

Part VI – Article 37 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. 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. Those data shall in particular enable the assessment of:

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, environmental, technical and socio-economic data necessary for ecosystem based fisheries, 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 European Maritime and Fisheries Fund, that is sufficient to finance the acquisition of these data. The data shall in particular enable the assessment of:

Amendment 143

Proposal for a regulation

Part VI – Article 37 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the state of exploited marine biological resources,

(a) the current state of exploited marine biological resources,

Amendment 144

Proposal for a regulation

Part VI6 – Article 37 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the socio-economic performance of the fisheries, aquaculture and processing sectors within and outside Union waters.

(c) the current socio-economic performance of the fisheries, aquaculture and processing sectors within and outside Union waters.

Amendment  145

Proposal for a regulation

Part VI – Article 37 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(d) ensure that the collected data are accurate and reliable;

(a) ensure that data are collected in a timely manner and that the collected data are accurate, reliable and comprehensive, and collected in a harmonized way in all Member States;

Justification

It is extremely important for good management decisions to have data timely available.

Amendment  146

Proposal for a regulation

Part VI – Article 37 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) ensure that the scientific data and methodologies take factors such as acidification and sea temperatures into consideration when collecting data, thus ensuring that data is gathered from different regions throughout the year;

Amendment  147

Proposal for a regulation

Part VI – Article 37 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(e) avoid duplication of data collection for different purposes;

(b) set up coordination mechanisms with a view to avoiding duplication of data collection for different purposes;

Amendment 148

Proposal for a regulation

Part VI – Article 37 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(f) ensure safe storage of collected data and where applicable appropriate protection and confidentiality of collected data;

(c) ensure safe storage of collected data, making it publicly available save in exceptional circumstances where appropriate protection and confidentiality are required subject to the reasons for such restrictions being declared;

Amendment 149

Proposal for a regulation

Part VI – Article 37 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(g) ensure that the Commission, or bodies designated by it, have access to the national databases and systems used for processing the collected data for the purpose of verification of the existence and quality of the data.

(d) ensure that the Commission, or bodies designated by it, have access to all the national databases and systems used for processing the collected data for the purpose of verification of the existence and quality of the data.

Amendment  150

Proposal for a regulation

Part VI – Article 37 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) make available to interested parties the relevant data and respective methodologies by which they are obtained, while taking into account any complementary data which may be provided by such parties.

Amendment  151

Proposal for a regulation

Part VI – Article 37 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

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

Justification

Despite the obligation of Member States to provide scientific date on their fisheries, many Member States have failed to do so. Member States that do not comply with this obligation should identify which fisheries they have failed to analyse.

Amendment  152

Proposal for a regulation

Part VI – Article 37 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure the national coordination of the collection and management of scientific data for fisheries management. To this end, they shall designate a national correspondent and organize an annual national coordination meeting. The Commission shall be informed of the national coordination activities and be invited to the coordination meetings.

3. Member States shall ensure the national coordination of the collection and management of scientific including socio -economic data for fisheries management. 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.

Amendment  153

Proposal for a regulation

Part VI – Article 37 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States 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.

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.

Amendment 154

Proposal for a regulation

Part VI – Article 37 – paragraph 6

Text proposed by the Commission

Amendment

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.

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.

Amendment  155

Proposal for a regulation

Part VI – Article 37 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

 

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.

Amendment  156

Proposal for a regulation

Part VI – Article 37 a (new)

Text proposed by the Commission

Amendment

 

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 objective of avoiding duplication of work by different scientific bodies.

Amendment  157

Proposal for a regulation

Part VI – Article 38 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall adopt national fisheries scientific data collection, research and innovation programs. They shall coordinate their fisheries data collection, research and innovation activities with other Member States and Union research and innovation frameworks.

1. Member States shall adopt national fisheries and aquaculture scientific data collection, research and innovation programmes. They shall coordinate their fisheries data collection, research and innovation activities with other Member States, in close cooperation with the Commission, in the context of the Union research and innovation frameworks, involving, where appropriate, the relevant Advisory Councils.

Amendment  158

Proposal for a regulation

Part VI – Article 38 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure availability of relevant competences and human resources to be involved in the scientific advisory process.

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.

Amendment  159

Proposal for a regulation

Part VI – Article 38 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

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

Amendment  160

Proposal for a regulation

Part VI – Article 38 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b. The research programme findings shall be made available to the entire European scientific community.

Amendment  161

Proposal for a regulation

Part VII – Article 39

Text proposed by the Commission

Amendment

 

 

1. The Union shall participate in the activities of international organisations dealing with fisheries, including regional fisheries management organisations (RFMOs) in line with international obligations and policy objectives and consistent with the objectives set out in Articles 2 and 3.

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 and 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 consistently with the objectives set out in Articles 2, 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.

2. In particular the Union shall:

 

(a) actively support, promote and contribute to the development of the best available scientific knowledge;

 

(b) ; promote measures to ensure that fishery resources are maintained that are consistent with the objectives of Article 2, and in particular Article 2(2) and (4b).;

 

(c) promote the establishment and strengthening of RFMO compliance committees, periodical independent performance reviews and appropriate remedial actions, including dissuasive and effective penalties, which need to be applied in a transparent and non-discriminatory fashion;

 

(d) improve the policy coherence of Union initiatives, with particular regard to environmental, development and trade activities;

 

(e) promote and support, in all international spheres, the necessary action to eradicate illegal, unreported and unregulated (IUU) fishing, ensuring, to this end, that no IUU fisheries products enter the Union market, thereby contributing to sustainable fishing activities that are economically viable and that promote employment within the Union;

 

(f) encourage and take an active part in joint international efforts to combat piracy at sea, with a view to ensuring the safety of human life and preventing the disruption of maritime fishing activities;

 

(g) promote the effective implementation of international fisheries instruments and regulations;

 

(h) ensure that fishing activities outside Union waters are based on the same principles and standards as those applicable in Union waters, while promoting the application by the RFMOs of the same principles and standards as are applied in Union waters.

 

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

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

 

Amendment  162

Proposal for a regulation

Part VII – Article 39 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

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

Amendment  163

Proposal for a regulation

Part VII – Article 40

Text proposed by the Commission

Amendment

 

 

The Union shall cooperate with third countries and international organisations dealing with fisheries, including RFMOs, to strengthen compliance with measures adopted by such international organisations.

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 on combating IUU fishing, adopted by such international organisations, so as to ensure that those measures are strictly adhered to.

 

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

Amendment  164

Proposal for a regulation

Part VII – Article 41 – paragraph 1

Text proposed by the Commission

Amendment

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.

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 organizations including RFMOs. Such frameworks may include:

 

(a) development and support for the necessary scientific and research institutions;

 

(b) monitoring, control and surveillance capabilities; and

 

(c) other capacity building elements concerning the development of a sustainable fisheries policy of the third country.

 

They shall also ensure that fishing activities take place in conditions of legal certainty.

Amendment  165

Proposal for a regulation

Part VII – Article 41 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

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 EU fleets’ interest.

Amendment  166

Proposal for a regulation

Part VII – Article 41 – paragraph 2

Text proposed by the Commission

Amendment

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 the United Nations Convention on the Law of the Sea, and identified 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, in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield.

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 the United Nations Convention on the Law of the Sea, 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.

Amendment  167

Proposal for a regulation

Part VII – Article 41 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

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

 

(a) a requirement to comply with the principle of limiting access to resources that are scientifically demonstrated to be surplus for the coastal State,  in accordance with the provisions of UNCLOS;

 

(b) a clause prohibiting the granting of more favourable conditions to the different fleets fishing in those waters, than those granted to Union economic actors including those concerningthe conservation, development and management of resources or financial agreements, fees and other rights, relating to the issuing of fishing authorisations;

 

(c) a conditionality clause, that makes the agreement conditional on respect of human rights in accordance with international agreements on human rights; and

 

(d) an exclusivity clause.

Amendment  168

Proposal for a regulation

Part VII – Article 41 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

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.

Amendment  169

Proposal for a regulation

Part VII – Article 41 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

 

2c. Union flagged vessels which have temporarily withdrawn from 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.

Amendment 170

Proposal for a regulation

Part VII – Article 41 – paragraph 2 d (new)

Text proposed by the Commission

Amendment

 

2d. Sustainable Fisheries Agreements shall provide that fishing authorisations of any kind shall only be granted to new fishing vessels and 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.

Amendment  171

Proposal for a regulation

Part VII – Article 41 – paragraph 2 e (new)

Text proposed by the Commission

Amendment

 

2e. When determinining 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 Regional Fisheries Management Organisation shall be duly taken into account.

Amendment  172

Proposal for a regulation

Part VII – Article 41 – paragraph 2 f (new)

Text proposed by the Commission

Amendment

 

2f. Effort 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 should respect the same guiding principles that are applied to those vessels fishing in the Union.

Amendment  173

Proposal for a regulation

Part VII – Article 41 – paragraph 2 g (new)

Text proposed by the Commission

Amendment

 

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.

Amendment  174

Proposal for a regulation

Part VII – Article 41 – paragraph 2 h (new)

Text proposed by the Commission

Amendment

 

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.

Amendment  175

Proposal for a regulation

Part VII – Article 42 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) 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.

Justification

There is no provision for the Northern agreements in the proposal. This amendment includes them in the proposal.

Amendment  176

Proposal for a regulation

Part VII – Article 42 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, monitoring, control and surveillance capability and other capacity building items pertaining to the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditioned upon the achievement of specific results.

(b) establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, monitoring, control and surveillance capability, transparency, participation and accountability mechanisms and other capacity building items pertaining to the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditional upon the achievement of specific socio-economic and environmental results and shall be complementary to and consistent with the development projects and programmes implemented in the third country in question.

Amendment  177

Proposal for a regulation

Part VIII – Article 43 – title

Text proposed by the Commission

Amendment

Promoting aquaculture

Promoting sustainable aquaculture

Amendment  178

Proposal for a regulation

Part VIII – Article 43 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. With a view to promoting sustainability and contributing to food security, growth and employment, non-binding Union strategic guidelines on common priorities and targets for the development of aquaculture activities shall be established by the Commission by 2013. Such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the Union, shall form the basis for multiannual national strategic plans and shall aim at:

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 at:

Amendment  179

Proposal for a regulation

Part VIII – Article 43 – paragraph 1, points a, b, c, d – and paragraph 2

Text proposed by the Commission

Amendment

(a) improving the competitiveness of the aquaculture industry and supporting its development and innovation;

(a) the simplification of legislation in the sector and the reduction of administrative burdens at European level;

(b) encouraging economic activity;

(b) the integration of aquaculture activities into other policies, such as policies for coastal zones, sea strategies and guidelines for marine spatial planning, the implementation of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for the Community action in the field of water policy1 (Water Framework Directive) and the environmental policy.

(c) diversification and improvement of the quality of life in coastal and rural areas;

 

(d) a level-playing field for aquaculture operators in relation to access to waters and space.

 

2. Member States shall establish a multiannual national strategic plan for the development of aquaculture activities on their territory by 2014.

2. The Union shall support the production and consumption of European sustainable aquaculture products by:

 

(a) establishing transparent and general qualitative criteria for aquaculture by 2014 to assess and minimize the environmental impacts of aquaculture and farming activities;

 

(b) ensuring supplies reach consumers at reasonable prices;

 

(c) laying down rules regarding the traceability, security and quality of Union and imported aquaculture products, through appropriate marking or labelling as established in Article 42 of the Regulation (EU) No xx/xxxx of the European Parliament and of the Council of [date] on the common organisation of the markets in fishery and aquaculture products2 ;

 

__________________

 

1 OJ L 327, 22.12.2000, p. 1.

 

2 OJ L …

Amendment  180

Proposal for a regulation

Part VIII – Article 43 – paragraph 3

Text proposed by the Commission

Amendment

3. The multiannual national strategic plan shall include the Member State's objectives and the measures to achieve them.

3. The multiannual national strategic plan shall include the Member State's objectives and the measures and timelines necessary to achieve them.

Amendment 181

Proposal for a regulation

Part VIII – Article 43 – paragraph 4

Text proposed by the Commission

Amendment

4. Multiannual national strategic plans shall aim in particular at the following:

4. Multiannual national strategic plans shall specifically address the following:

(a) administrative simplification, in particular regarding licenses;

(a) the reduction of red tape and administrative simplification, in particular regarding licenses;

(b) certainty for aquaculture operators in relation to access to waters and space;

(b) certainty for aquaculture operators in relation to access to waters and space, in accordance with the Union Policy on Coastal Zone Management and Maritime Spatial Planning;

(c) indicators for environmental, economic and social sustainability;

(c) indicators for quality and environmental, economic and social sustainability;

 

(ca) measures to ensure that aquaculture activities are in full compliance with existing Union environmental legislation;

(d) assessment of other possible cross-bordering effects on neighbouring Member States.

(d) assessment of other possible cross-bordering effects on marine biological resources and marine ecosystems on neighbouring Member States;

 

(da) the promotion of Research, Development and Innovation (RDI) and collaboration between the industry and the scientific world;

 

(db) food safety; ;

 

(dc) animal health and welfare;

 

(dd) environmental sustainability.

Amendment  182

Proposal for a regulation

Part VIII – Article 44

Text proposed by the Commission

Amendment

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

An Advisory Council on aquaculture and inland fishing shall be established in accordance with Article 52.

Amendment  183

Proposal for a regulation

Part IX – Article 45 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) strengthen the competitiveness of the Union fishery and aquaculture industry, in particular producers;

(c) strengthen the competitiveness and promote the quality policiesof the Union fishery and aquaculture industry by implementing production and marketing plans, paying particular attention to producers;

Amendment  184

Proposal for a regulation

Part IX – Article 45 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) improve the transparency of the markets, in particular as regards economic knowledge and understanding of the Union markets for fishery and aquaculture products along the supply chain and consumer awareness;

(d) improve the transparency and stability of the markets, in particular as regards economic knowledge and understanding of the Union markets for fishery and aquaculture products along the supply chain, the fair distribution of added value along the sector’s value chain, as well as consumer information and awareness, by means of notification and/or labelling providing comprehensible information;

Amendment  185

Proposal for a regulation

Part IX – Article 45 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) contribute to ensuring a level playing field for all products marketed in the Union by promoting sustainable exploitation of fisheries resources.

(e) contribute to ensuring a level playing field including equal health, social and environmental requirements for all products marketed in the Union by promoting sustainable exploitation of fisheries resources.

Amendment  186

Proposal for a regulation

Part IX – Article 45 – paragraph 1 – points e a and e b (new)

Text proposed by the Commission

Amendment

 

(ea) ensure that products imported from third countries come from fisheries and industries that meet the same environmental, economic, social and health requirements as those required of Union fleets and businesses, and that the products result from legal, declared and regulated fishing conducted in accordance with the same standards as those required of Union vessels.

 

(eb) ensure the traceability of all fishery and aquaculture products throughout the supply chain, provide verifiable and accurate information regarding the origin of the product and its mode of production and label the product accordingly, with an emphasis on reliable eco-labelling;

Amendment  187

Proposal for a regulation

Part IX – Article 45 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) common marketing standards.

(b) common marketing standards, taking into account the particular characteristics of local communities.

Amendment  188

Proposal for a regulation

Part IX – Article 45 – paragraph 3 – points b a, b band b c (new)

Text proposed by the Commission

Amendment

 

(ba) common rules with a view to the introduction of an eco-labelling scheme for European fishery and aquaculture products.

 

(bb) consumer information.

 

(bc) taking trade measures against third countries not operating sustainable fishing practices.

Amendment  189

Proposal for a regulation

Part X – Article 46 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the use of modern control technologies for the availability and quality of data on fisheries;

(b) more efficient use of systems already on board each fishing vessel and, where necessary, the use of effective control technologies for the availability and quality of data on fisheries and aquaculture;

Amendment  190

Proposal for a regulation

Part X – Article 46 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) Union-wide harmonisation of the rules on controls and penalties;

Amendment  191

Proposal for a regulation

Part X – Article 46 – paragraph 2 – point b b (new)

Text proposed by the Commission

Amendment

 

(bb) complementarity between controls at sea and on shore;

Amendment  192

Proposal for a regulation

Part X – Article 46 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) the development of a culture of compliance among operators;

(d) the development of a culture of co-responsibility, compliance and cooperation among all fishing vessel operators , vessel owners and fishermen;

Amendment  193

Proposal for a regulation

Part X – Article 46 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) a standardised compliance and enforcement regime for each Member State.

Justification

There must be a uniform compliance and enforcement regime across the EU as fishing grounds are shared. Furthermore, in some Member States administrative sanctions are used while in other Member States criminal sanctions are used.

Amendment  194

Proposal for a regulation

Part X – Article 46 – paragraph 2 - point e

Text proposed by the Commission

Amendment

(e) the establishment of effective, proportionate and dissuasive sanctions.

deleted

Amendment  195

Proposal for a regulation

Part X – Article 46 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Member States shall ensure the establishment of effective, proportionate and dissuasive penalties, including the freezing of funds from the European Maritime and Fisheries Fund (EMFF), taking into account the cost-benefit ratio and the principle of proportionality.

Amendment  196

Proposal for a regulation

Part X – Article 48

Text proposed by the Commission

Amendment

Member States may require holders of a fishing licence for fishing vessels of 12 meters length overall or more flying their flag to contribute proportionally to the costs of implementing the Union fisheries control system.

Member States may require their operators to contribute proportionally to the operational costs of implementing the Union fisheries control system and data collection.

Amendment  197

Proposal for a regulation

Part XI – Article 49

Text proposed by the Commission

Amendment

Union financial assistance may be granted to contribute to the achievement of the objectives set out in Articles 2 and 3.

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 support operations that jeopardise the sustainability and the conservation of marine biological resources, biodiversity, habitats and ecosystems.

Amendment  198

Proposal for a regulation

Part XI – Article 50

Text proposed by the Commission

Amendment

 

 

1. Union financial assistance towards Member States shall be conditional upon compliance with the rules of the Common Fisheries Policy by Member States.

1. Union financial assistance towards Member States shall be transparent and conditional upon compliance with the rules of the Common Fisheries Policy, as well as upon the application of precautionary principle by Member States.

2. Non compliance by Member States with the rules of the Common Fisheries Policy may 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.

2. Non compliance by Member States with the rules of the Common Fisheries Policy shall 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.

Justification

Strong incentives are needs to increase compliance with CFP.

Amendment  199

Proposal for a regulation

Part XI – Article 51

Text proposed by the Commission

Amendment

 

 

1. Union financial assistance towards operators shall be conditional upon compliance with the rules of the Common Fisheries Policy by operators.

1. Union financial assistance toward operators shall be conditional upon the compliance by operators with the rules of the Common Fisheries Policy and with national law transposing the directives in the environmental fieldreferred 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 shall result in temporary or permanent bans on access to the Union financial assistance and/or the application of financial reductions. Such measures shall be proportionate to the nature, extent, duration and repetition of serious infringements.

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 infringement.

3. Member States shall ensure that Union financial assistance is granted only if no sanctions for serious infringements have been imposed to the concerned operator within a period of 1 year prior to the date of application for Union financial assistance.

3. Member States shall ensure that Union financial assistance is granted only if no serious infringements have been committed by the concerned operator, within a period of at least three years prior to the date of application for Union financial assistance.

Amendment  200

Proposal for a regulation

Part XII – Article 52

Text proposed by the Commission

Amendment

1. Advisory Councils are established for each of the areas of competence set out in Annex III, to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives set out in Articles 2 and 3.

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:

 

(a) an Advisory Council for the outermost regions, divided into three sections for each of the following sea basins:West Atlantic, East Atlantic and Indian Ocean

 

(b) an Advisory Council for aquaculture and inland fishing

 

(c) an Advisory Council for markets

 

(d) an Advisory Council for the Black Sea

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.

2. Each Advisory Council shall establish its rules of procedure.

Amendment  201

Proposal for a regulation

Part XII – Article 53

Text proposed by the Commission

Amendment

 

-1. Before completing its internal procedures leading to the submission, in accordance with the ordinary legislative procedure, of alegislative proposal with Article 43(2) TFEU as its legal basis, such as 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 Advisory Councils concerned. This consultation shall be without prejudice to the consultation of ICES or other appropriate scientific bodies.

1. Advisory Councils may:

1. Advisory Councils may:

(a) submit recommendations and suggestions on matters relating to fisheries management and aquaculture to the Commission or to the Member State concerned;

(a) submit recommendations and suggestions on matters relating to the management of fisheries and the socio-economic and conservation aspects of fisheries and aquaculture to the Commission, and to the Member State concerned;

(b) inform the Commission and Member States of problems relating to fisheries management and aquaculture in their area of competence;

(b) inform the Commission and Member States of problems relating to the management and the socio-economic and conservation aspects of fisheries and, where appropriate, of aquaculture in their area or field of competence and propose solutions to overcome these problems;

(c) contribute, in close cooperation with scientists, to the collection, supply and analysis of data necessary for the development of conservation measures.

(c) contribute, in close cooperation with scientists, to the collection, supply and analysis of data necessary for the development of conservation measures.

 

(ca) issue opinions on the draft conservation measures referred to in Article 17 and the draft technical measures referred to in Article 21, and submit them to the Commission and to those Member States that are directly concerned by the fishery or area in question;

2. The Commission and, where relevant, the Member State concerned, shall reply within a reasonable time period to any recommendation, suggestion or information received pursuant to paragraph 1.

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 paragraph -1 and 1 and shall reply to these submissions within not 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 paragraph -1 and 1, the Commission or the Member State concerned shall provide detailed explanation of the reasons why they diverge.

Amendment  202

Proposal for a regulation

Part XII – Article 54

Text proposed by the Commission

Amendment

 

 

1. Advisory Councils shall be composed of organizations representing the fisheries operators and other interest groups affected by the Common Fisheries Policy.

1. Advisory Councils shall be composed of

 

(a) organisations representing the fisheries and, where appropriate, aquaculture operators;

 

(b) other interest groups affected by the Common Fisheries Policy, for example, environmental organisations and consumer groups.

 

With respect to point (a), employers, self-employed fishermen and employees and different fishing trades shall be duly represented.

 

Representatives of national and regional administrations having fisheries interests in the area concerned and researchers from the Member States' scientific and fisheries research institutes and from the international scientific institutions that advise the Commission shall be allowed to participate as observers.

 

1a. Representatives of the European Parliament and the Commission may take part as observers in Advisory Council meetings. When issues that affect them are discussed, representatives of the fisheries sector and other interest groups from third countries, including representatives from Regional Fisheries Organisations, that have a fishing interest in the area or fisheries covered by an Advisory Council may be invited to participate as observers in those Advisory Council meetings.

2. Each Advisory Council shall consist of a general assembly and an executive committee and shall adopt the measures necessary for its organization and to ensure transparency and the respect of all opinions expressed.

2. Each Advisory Council shall consist of a general assembly and an executive committee and shall adopt the measures necessary for its organization and to ensure transparency and the respect of all opinions expressed.

3. Advisory Councils may apply for Union financial assistance as bodies pursuing an aim of general European interest.

3. Advisory Councils may apply for Union financial assistance as bodies pursuing an aim of general European interest.

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the composition and the functioning of Advisory Councils.

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the composition and the functioning of Advisory Councils, without prejudice to paragraph 1 and 1a .

Amendment  203

Proposal for a regulation

Part XIII – Article 55 – paragraphs 2–5

Text proposed by the Commission

Amendment

2. The delegation of power referred to in Articles 12(2), 15(6), 20(1) and (2), 24(1) and (2), 35(3), 36(4), 37(6), 47(2), 52(2), 54(4) shall be conferred for an indeterminate period of time from 1 January 2013.

2. The delegation of power referred to in Articles 13, 15(6), 20(1) and (2), 24(1) and (2), 36(4), 37(6), 47(2), 54(4) shall be conferred for an indeterminate period of time from 1 January 2013.

3. The delegation of power referred to in Articles 12(2), 15(6), 20(1) and (2), 24(1) and (2), 35(3), 36(4), 37(6), 47(2), 52(2), 54(4) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The delegation of power referred to in Articles 13, 15(6), 20(1) and (2), 24(1) and (2), 36(4), 37(6), 47(2), 54(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Articles 12(3), 15(4), 20(1) and (2), 24(1) and (2), 35(3), 36(4), 37(7), 47(2), 52(2), 54(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

5. A delegated act adopted pursuant to Articles 13, 15(6), 20(1) and (2), 24(1) and (2), 36(4), 37(6), 47(2), 54(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment  204

Proposal for a regulation

Part XIII – Article 55 a (new)

Text proposed by the Commission

Amendment

 

Article 55a

 

Urgency procedure

 

1. Delegated acts adopted under this Article shall enter into force without delay and shall apply, subject to paragraph 2, for a period of six months. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

 

2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 55(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.

Amendment  205

Proposal for a regulation

Part XIII – Article 56

Text proposed by the Commission

Amendment

In the implementation of the rules of the Common Fisheries Policy, the Commission shall be assisted by a Committee for fisheries and aquaculture. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

1. In the implementation of the rules of the Common Fisheries Policy, the Commission shall be assisted by a Committee for fisheries and aquaculture. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

 

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

 

3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Justification

These changes are of a technical nature to comply with Regulation (EU) No 182/2011.

Amendment  206

Proposal for a regulation

Part XIV – Article 57 – paragraph 2

Text proposed by the Commission

Amendment

2. Decision (EC) No 2004/585 is hereby repealed with effect from the entry into force of the rules adopted under Articles 51(4) and 52(4).

2. Decision (EC) No 2004/585 is hereby repealed with effect from the entry into force of the rules adopted under Article 54(4).

Amendment  207

Proposal for a regulation

Part XIV – Article 57 – paragraph 4

Text proposed by the Commission

Amendment

4. Regulation (EC) No 199/2008 is repealed.

deleted

Justification

The Data Collection Directive should not be repealed. Necessary changes should be done through the ordinary legislative procedure.

Amendment  208

Proposal for a regulation

Part XIV – Article 58 – paragraph 1

Text proposed by the Commission

Amendment

Notwithstanding Article 57(4), Regulation (EC) No 199/2008 shall continue to apply to the national programmes adopted for the collection and management of data for the years 2011 - 2013.

deleted

Justification

The Data Collection Directive should not be repealed. Necessary changes should be done through the ordinary legislative procedure.

Amendment  209

Proposal for a regulation

Part XIV – Article 58 a (new)

Text proposed by the Commission

Amendment

 

Article 58a

 

Review

 

1. Every five years, the Commission shall review the provisions of Part I and present proposals to the European Parliament and to the Council to incorporate progress and best practices in fisheries management.

 

2. The Commission shall report to the European Parliament and to the Council on the operation of the Common Fisheries Policy before the end of 2022.

Amendment  210

Proposal for a regulation

Part XIV – Article 58 b (new)

Text proposed by the Commission

Amendment

 

Article 58b

 

Annual report

 

The Commission shall publish an annual report informing the public about the fisheries situation in the Union, including information on the biomass levels of fish stocks, the sustainability of exploitation rates and the availability of scientific data.

Amendment  211

Proposal for a regulation

Annex III

Text proposed by the Commission

Amendment

ADVISORY COUNCILS

ADVISORY COUNCILS

Name of the Advisory Council

Area of competence

Name of the Advisory Council

Area of competence

Baltic Sea

ICES zones IIIb, IIIc and IIId

Baltic Sea

ICES zones IIIb, IIIc and IIId

Mediterranean Sea

Maritime Waters of the Mediterranean of the East of line 5°36' West

Mediterranean Sea

Maritime Waters of the Mediterranean of the East of line 5°36' West

North Sea

ICES zones IV and IIIa

North Sea

ICES zones IV and IIIa

North Western waters

ICES zones V (excluding Va and only Union waters of Vb), VI and VII

North Western waters

ICES zones V (excluding Va and only Union waters of Vb), VI and VII

South Western waters

ICES zones VIII, IX and X (waters around Azores), and CECAF zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands)

South Western waters

ICES zones VIII, IX and X (waters around Azores), and CECAF zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands)

Pelagic stocks (blue whiting, mackerel, horse mackerel, herring)

All areas competence (excluding the Baltic Sea, the Mediterranean Sea and Aquaculture)

Pelagic stocks (blue whiting, mackerel, horse mackerel, herring)

All areas competence (excluding the Baltic Sea, the Mediterranean Sea and Aquaculture)

High seas/long distance fleet

All non Union-waters

High seas/long distance fleet

All non Union-waters

Aquaculture

Aquaculture, as defined in Article 5

Aquaculture and Inland Fishing

Aquaculture, as defined in Article 5 and all inland waters of the Member States of the European Union

 

 

Outermost regions, divided into three sea basins: West Atlantic, East Atlantic, Indian Ocean

All the ICES zones covering water around the outermost regions, particularly the Maritime Waters of Guadeloupe, French Guiana, Martinique, the Canary Islands, the Azores, Madeira and Reunion

 

 

Black Sea Council

GFCM geographical sub-area as defined in Resolution GFCM/33/2009/2

 

 

Markets Advisory Council

All market areas

(1)

OJ C 181, 21.6.2012, p. 183.

(2)

OJ C 225, 27.7.2012, p. 20.

(3)

Texts adopted, P7_TA(2011)0266.


EXPLANATORY STATEMENT

Justification

The current Common Fisheries Policy (CFP) has failed to a large extent. It has proved impossible to resolve the long-standing problems (overfishing, overcapacities, the poor economic situation of many undertakings in the fisheries sector, social problems caused by the decline of fisheries in many coastal regions). The new basic Regulation must be ambitious in laying the groundwork for a reversal of the persistently negative trend and for the development of sustainable, successful fishing in Europe.

The main thrust of the draft report is based on the rapporteur’s working documents on reform of the Common Fisheries Policy (PE 480.830, PE 491.603 und PE 480.832); the many constructive comments on these documents by Parliament, the Council, the Commission and the public were very useful in the subsequent development of the ideas in the draft report.

What follows is a summary of the most important points.

Maximum sustainable yield (MSY)

The Commission proposes, as an objective of Regulation, that by 2015 all fish stocks should be exploited at the level of MSY. The rapporteur supports that objective. In order to achieve it, the EU should endeavour insofar as possible to stick to the commitments it gave in Johannesburg in 2002.

The statement in principle of the objective in Article 2 is, however, insufficient. In addition, a legally binding obligation must be placed on the Council to reduce fishing mortality to an MSY-compatible level (FMSY) by 2015. In the case of heavily overfished stocks there must, for a transitional period, be an even sharper reduction in fishing mortality in order to allow the stocks to grow.

Obligation to land all catches / discard ban

The proposed landing rule should be retained with a view to generating a significant incentive to greater selectivity and thus to the avoidance of unintended by-catches. Intelligently applied, this measure will contribute in the long term to increased landings.

To make the landing rule work, however, certain amendments and additions to the Commission proposal are necessary. These include:

–         placing an obligation on Member States to conduct pilot projects on improving selectivity in order to pave the way for the landing rule and help operators to reduce by-catches;

–         directing the financial support for improved selectivity towards those fisheries in which application of the landing rule is particularly problematic;

–         provision for a gradual and fishery-based (rather than species-based) approach, so that detailed regulations can be worked out in multiannual plans before the landing rule comes into force;

–         rules to ease the impact of the landing rule on operators, including, inter alia, de minimis exceptions for small-volume by-catches if they cannot be processed on land, and an exemption for by-catches with a high survival rate after discarding at sea.

A transparent system of individual and collective fishing concessions

Criticism of the Commission’s proposed ‘transferable fishing concessions’ (TFCs) focuses primarily on the fact that they are to be tradable and can therefore be monetised.

The rapporteur wishes to highlight another aspect of fishing concessions – the fact that, for operators, they constitute not just a financial resource but also a guaranteed right to fish. Operators know that they are entitled, for a specified period of time, to fish a specified proportion of the national quota. They can thus plan ahead more securely and that security is also a good thing for the environment because the operators in question have a full year to fish their quota and do not need to try to catch as much as possible in the shortest possible time.

As a means of realising these advantages without monetising fishing rights, the rapporteur therefore suggests that the word ‘transferable’ in Article 27 be deleted. TFCs will thus become FCs. These fishing concessions will remain the property of the Member States and are transferred to operators for specified periods of time only.

The proposal permits the voluntary ‘pooling’ of fishing concessions in order to allow traditional collective forms of management or management by producer organisations.

The question of who will be granted these fishing concessions is obviously of the utmost importance. The Member States should be required to take social and environmental criteria into account so that small local fisheries and selective catching practices are reinforced.

Reducing overcapacity

The rapporteur is convinced that, in many European fisheries, overcapacity is a problem that urgently needs to be resolved. Economic concentration makes TFCs one means of reducing overcapacity. However, this applies only in the case of fleets fishing those species that are regulated by TACs and quotas. Measures to limit fishing by restricting fishing effort, such as those provided for in the Mediterranean Regulation (1967/2006), would seem unsuited to tradability.

The proposal gives the Member States concerned the option of using alternative means to bring capacity into line with available fishing opportunities. Only where this has not been achieved after six years will the fishing concessions in the fisheries concerned have to be made tradable.

It is preferable that capacity adjustment be coordinated between Member States – and multiannual plans can and should be used as a tool in this regard.

The proposal also makes it clear that Member States may limit the tradability of fishing concessions, for example by prohibiting their trading between specific sections of the fishing fleet.

Regionalisation and stakeholder consultation

The rapporteur’s proposal aims to achieve closer coordination among the Member States so that when responsibilities are delegated to them, under a multiannual plan or a technical framework regulation, the result is not a patchwork of varying national measures.

The draft report therefore calls on the Member States to cooperate on the adoption of (‘regionalised’) national measures.

At the same time, the Advisory Councils – formerly ‘Regional Advisory Councils’ (RACs) – are to be given a stronger role, in that they will have to be consulted by both the Commission and the Member States before any measure is taken. If the Commission or the Member States subsequently depart from their recommendations they must present sound reasons for doing so. The Advisory Councils thus have the potential to ensure that the measures taken by the Member States are consistent. Their involvement will also make the rules in question more acceptable within the fisheries sector and in civil society.

As a further step towards improving consistency and ensuring that the objectives of the CFP are implemented, the Commission will have to carry out regular evaluation of the national measures.

The Advisory Councils should also be consulted when the landing rule is being introduced and, before it comes into force, should submit proposals for the implementation of fully documented fishing. It is also part of their role to make proposals for exemptions for species of fish with higher survival rates. Obviously, such proposals must then be subject to further scientific assessment.

Additional measures for fish stock recovery

The draft report goes a step further than the Commission proposal in that it suggests an additional measure (the new Article 7(a)) requiring the Member States to close between 10% and 20% of their territorial waters to fishing within three years. Such closures can not only be used, on the one hand, as a means of protecting vulnerable habitats but can also help to improve the productivity of fish stocks, where, for example, spawning areas are closed to fishing. Such an approach is particularly effective in areas where the fish stocks have previously been managed inadequately and on which insufficient data is available.

Transitional measures for the Mediterranean

The EU currently imposes no catch restrictions on Mediterranean fish stocks. Despite some worthy national initiatives and the shift in Mediterranean fisheries management that was achieved through the implementation of the Mediterranean Regulation (1967/2006), the situation there remains unsatisfactory. The number of overfished stocks in the Mediterranean is particularly high and the available data particularly poor. The fragmentary nature of the fleets makes it difficult to implement control measures.

One of the major problems in the Mediterranean is that of monitoring implementation of Regulation 1967/2006 and checking the catches landed, because there is a myriad of tiny ports and landing places. The rapporteur therefore suggests the introduction in the Mediterranean of a system of territorial use rights in fisheries (TURFs). Under this system, a group of operators will share a given area in which they are allowed to fish. The rights-based scheme will enhance the operators’ sense of responsibility, facilitating self-monitoring or reciprocal monitoring arrangements, as the operators have an interest in ensuring that no illegal fishing takes place in their area.

When delimiting the geographical extent of TURFs, the Member States must take account of the situation in the areas closed to fishing, so as to use these two management tools in combination.

The Member States must see to it that fishing mortality in the TURFs is restricted so as to allow the Regulation’s objectives, especially that of MSY, to be achieved. Clearly, such restrictions, which may entail limiting either catches or fishing effort, must be coordinated between TURFs in which the same species is caught. If better data becomes available over time, it may be possible for the Council to introduce long-term limits on catches or fishing effort in respect of certain fish stocks.

Joint fisheries management partnerships with third countries

In sea basins where the EU shares fish stocks with non-EU countries, it should strive for improved joint management of the fisheries. This should entail not only improving coordination within the regional fisheries organisations but also concluding bilateral – or, where appropriate, multilateral – cooperation agreements. Under such agreements, the EU could make available financial resources and technical assistance. In return, the partner countries concerned would commit to effective fisheries management arrangements compatible with those of the EU.


OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE LEGAL BASIS

Mr Gabriel Mato Adrover

Chair

Committee on Fisheries

BRUSSELS

Subject: Opinion on the legal basis of 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))

Dear Mr Chair,

By letter of 3 July 2012, you asked the Committee on Legal Affairs, pursuant to Rule 37 of the Rules of Procedure, to consider the possible addition of a legal basis to the above proposal for a regulation.

The legal basis proposed by the Commission is Article 43(2) TFEU, under Title III on "Agriculture and Fisheries" of Part Three of the TFEU, entitled "Union Policies and Internal Actions".

The legal basis proposed to be added is Article 349 TFEU under Part Seven of the TFEU on "General and Final Provisions", which article sets out the procedure for adopting specific measures aimed, in particular, at laying down the conditions of application of the Treaties to the outermost regions of the Union.

You ask specifically in your letter whether Article 43(2) TFEU does constitute the sole appropriate legal basis for this specific proposal, and whether Articles 43(2) and 349 TFEU can be adopted as a joint legal basis for a given legislative proposal as they provide for different legislative procedures to be applied.

I - Background

The Green Paper on the Reform of the Common Fisheries Policy (CFP)(1) concluded that the objectives to achieve sustainable fisheries in all its dimensions (environmental, economic and social) have not been met and identified a series of structural shortcomings of the current CFP. The Commission therefore concluded that the CFP needed a fundamental reform and with the current proposal it suggests to repeal the current Council Regulation(2) and replace it by a new CFP adopted by the European Parliament and the Council.

The overall objective of the proposal is to ensure fishing and aquaculture activities that provide long-term sustainable environmental conditions and contribute to the availability of food supplies. The aim of the CFP is the exploitation of living marine biological resources that restores and maintains fish resources at levels which can produce the maximum sustainable yield, and the implementation of the precautionary and eco-system approaches to fisheries management.

The Commission has also stated that in conjunction with the proposal it will also adopt an overarching Communication on the future CFP, a proposal for a Regulation on the common organisation of the markets in fisheries and aquaculture products, a Communication on the external dimension of the CFP, and a report on specific parts of the above-mentioned Council Regulation.

II - Relevant Articles of the TFEU

The following Article is presented as the legal basis in the Commission proposal (the added emphasis indicates the operative provisions):

Article 43

1. The Commission shall submit proposals for working out and implementing the common agricultural policy, including the replacement of the national organisations by one of the forms of common organisation provided for in Article 40(1), and for implementing the measures specified in this Title.

These proposals shall take account of the interdependence of the agricultural matters mentioned in this Title.

2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall establish the common organisation of agricultural markets provided for in Article 40(1) and the other provisions necessary for the pursuit of the objectives of the common agricultural policy and the common fisheries policy.

3. The Council, on a proposal from the Commission, shall adopt measures on fixing prices, levies, aid and quantitative limitations and on the fixing and allocation of fishing opportunities.

4. In accordance with paragraph 2, the national market organisations may be replaced by the common organisation provided for in Article 40(1) if:

(a) the common organisation offers Member States which are opposed to this measure and which have an organisation of their own for the production in question equivalent safeguards for the employment and standard of living of the producers concerned, account being taken of the adjustments that will be possible and the specialisation that will be needed with the passage of time;

(b) such an organisation ensures conditions for trade within the Union similar to those existing in a national market.

5. If a common organisation for certain raw materials is established before a common organisation exists for the corresponding processed products, such raw materials as are used for processed products intended for export to third countries may be imported from outside the Union.

The following Article is proposed to be added to the legal basis:

Article 349

Taking account of the structural social and economic situation of Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy, Saint-Martin, the Azores, Madeira and the Canary Islands, which is compounded by their remoteness, insularity, small size, difficult topography and climate, economic dependence on a few products, the permanence and combination of which severely restrain their development, the Council, on a proposal from the Commission and after consulting the European Parliament, shall adopt specific measures aimed, in particular, at laying down the conditions of application of the Treaties to those regions, including common policies. Where the specific measures in question are adopted by the Council in accordance with a special legislative procedure, it shall also act on a proposal from the Commission and after consulting the European Parliament.

The measures referred to in the first paragraph concern in particular areas such as customs and trade policies, fiscal policy, free zones, agriculture and fisheries policies, conditions for supply of raw materials and essential consumer goods, State aids and conditions of access to structural funds and to horizontal Union programmes.

The Council shall adopt the measures referred to in the first paragraph taking into account the special characteristics and constraints of the outermost regions without undermining the integrity and the coherence of the Union legal order, including the internal market and common policies.

III - The proposed legal basis

Article 43(2) TFEU provides the general legal basis for the common fisheries policy, whereby Parliament and the Council are to establish the provisions necessary for the pursuit of its objectives under the ordinary legislative procedure.

Article 349 TFEU provides for a legal basis concerning the conditions of application of the Treaties to the outermost regions, including common policies, whereby the Council, on a proposal from the Commission and after consulting Parliament, adopts special measures for those regions. According to this article the Council alone adopts measures and the Parliament is merely consulted. It is however important to note that by virtue of Article 16(3) TEU the Council acts by a qualified majority given that Article 349 TFEU does not provide otherwise.

IV - Case-law on legal basis

It is settled case law of the Court of Justice that "the choice of legal basis for a Community measure must rest on objective factors amenable to judicial review, which include in particular the aim and content of the measure"(3). The choice of an incorrect legal basis may therefore justify the annulment of the act at stake.

In this case, it therefore has to be established whether the proposal either:

1. pursues a twofold purpose or has a twofold component, and one of those is identifiable as the main or predominant purpose or component, whereas the other is merely incidental; or

2. simultaneously pursues a number of objectives or has several components that are indissociably linked, without one being secondary and indirect in relation to the other.

According to the case law of the Court of Justice, in the first case the act must be based on a single legal basis, namely that required by the main or predominant purpose or component, and in the second case the act will have to be founded on the various corresponding legal bases.(4)

Recourse to a dual legal basis would however not be excluded from the outset on the ground that the procedures laid down for each legal basis are incompatible with one another(5). The use of a dual legal basis has been held valid where it did not lead to an encroachment upon the European Parliament's rights. In this case, Article 43(2) TFEU provides for the ordinary legislative procedure, whereas Article 349 TFEU foresees consultation of the Parliament only. The Court has held that, in such a case, the ordinary legislative procedure would prevail, as it involves greater participation of Parliament(6).

V. Aim and content of the proposed regulation

According to the Commission, "[the] overall objective of the proposal is to ensure fishing and aquaculture activities that provide long-term sustainable environmental conditions and contribute to the availability of food supplies"(7).

The main specific aims of the proposal are set out in the explanatory memorandum as tackling the need to precise the objectives of the CFP; to enhance consistency between the policy initiatives covered by the CFP; to better preserve marine biological resources, in particular for multi-annual plans for fisheries management, and to end discards; to contribute to ecosystem and environmental policies under the CFP; to provide for regionalisation of measures on a sea-basin approach under the conservation pillar; to reinforce data collection and scientific advice for the knowledge base of the conservation policy; to fully integrate the external policy into the CFP; to promote the development of aquaculture; to reform the common market policy of the CFP; to provide a legal framework for a new financial instrument by 2014 supporting the objectives of the CFP and the EU 2020 Agenda; to further enhance and streamline stakeholders' involvement; and to incorporate the recently adopted new control regime in the CFP.

The draft report of the Committee on Fisheries elaborates on this by arguing in its explanatory memorandum that the current CFP has failed to a large extent and that it has proved impossible to resolve the long-standing problems (overfishing, overcapacities, the poor economic situation of many undertakings in the fisheries sector, social problems caused by the decline of fisheries in many coastal regions). It concludes that the "new basic Regulation must be ambitious in laying the groundwork for a reversal of the persistently negative trend and for the development of sustainable, successful fishing in Europe".

Of the provisions in the proposal only Article 6(3) refers explicitly to the outermost regions. It authorises the Member States to restrict fishing to vessels registered in the ports of the Azores, Madeira and the Canary Islands. It should however be noted that the fishing capacity ceilings to which the Member States are to be subject, under Article 35 of the proposal, are set out in Annex II to the proposed regulation, and not only do the ceilings for individual Member States in that annex explicitly include their outermost regions, the ceilings for the outermost regions are also specified. Article 35(2) empowers the Commission to enact delegated acts to re-calculate the fishing capacity ceilings. It should be noted that the current legal act, Council Regulation (EC) No 2371/2002, does not include specific headings for the outermost regions.

The draft report of the Committee on Fisheries contains 227 amendments to the text proposed by the Commission. Of these, only one amendment (Amendment 23 to Recital 54) mentions the outermost regions:

Amendment  23

Proposal for a regulation

Recital 54

 

Text proposed by the Commission

Amendment

(54) It appears appropriate that the Commission be empowered by delegated acts to create a new Advisory Council and to modify areas of competence ot existing ones, in particular considering the specificities of the Black Sea.

(54) It appears appropriate that the Commission be empowered by delegated acts to create a new Advisory Council and to modify areas of competence of existing ones, in particular considering the specificities of the Black Sea and the Outermost Regions.

This Recital refers to the Advisory Councils which are to be set up according to Articles 52 to 54 of the proposal, the number and competences of which are to be determined by the Commission in delegated acts adopted according to the procedure set out in Article 55 of the proposal.

An additional 2322 amendments have been tabled to the draft report. A number of these amendments touch upon the outermost regions, notably Amendments 228 and 1780 which seek to introduce Article 349 TFEU as a legal basis and a new Article establishing an Advisory Council for the outermost regions, as distinct from another Advisory Council to be established for internal waters:

Amendment  228

Alain Cadec

Draft legislative resolution

Citation 3 a (new)

 

Draft legislative resolution

Amendment

 

having regard to Article 349 of the Treaty on the Functioning of the European Union,

Amendment  1780

Alain Cadec

Proposal for a regulation

Part 3 – article 24 a (new)

 

Text proposed by the Commission

Amendment

 

Article 24a

 

Consultation of Advisory Councils

 

1. An Advisory Council on the outermost regions shall be established in accordance with Article 53.

 

2. An Advisory Council on inland fishing shall be established in accordance with Article 53.

Amendments 320 (which is identical to amendment 321) and 2036 also refer to Article 349 TFEU and raise the issue of the specific situation of the outermost regions:

Amendment  320

Estelle Grelier, Patrice Tirolien

Proposal for a regulation

Recital 15 a (new)

 

Text proposed by the Commission

Amendment

 

(15a) It is necessary to support the development of the key sectors in which the outermost regions possess potential for specialisation and strong comparative advantages, for example fisheries and aquaculture. In order to implement a regionalised common fisheries policy it will be necessary to recognise their special status and to apply Articles 349 and 355(1) TFEU.

Amendment  2036

Luís Paulo Alves

Proposal for a regulation

Part 5 – article 34 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. Without increasing fishing effort, the fleets belonging to the outermost regions may, in view of their particularities and pursuant to Article 349 of the TFEU, continue to receive specific aid for their modernisation, with the aim of improving the safety and operating conditions of their activity.

It should also be noted that Parliament on 18 April 2012 adopted a resolution on the role of Cohesion Policy in the outermost regions, which includes the following (emphasis added):

Regrets that the proposal for the reform of the Common Fisheries Policy does not take sufficient account of the situation of the ORs [outermost regions]; draws attention to the marine dimension of the ORs and the importance of the fishing sector in regional development policy and jobs for local populations in view of their Exclusive Economic Zone, the potential of which should be reflected in concrete and coherent measures for a genuine marine economy and duly taken into account in the integrated European maritime policy programme; recalls the growing economic interest in the immense biogenetic and mineral wealth of the ocean depths in the outermost regions, which must be included in the ‘Renewed Strategy for the ORs’ with the aim of developing a knowledge economy based on the sea; considers in this connection that the ORs must be at the heart of EU maritime policy, emphasising the role they could play in the sustainable use of the sea and coastal regions as well as in international maritime governance, and that the Atlantic ORs should be able to participate in the Atlantic Strategy currently being developed.(8)

Furthermore, the French Senate in response to this made the following submission in the context of the subsidiarity check procedure under Protocol No 2 of the TFEU:

Considers, along with the European Parliament, that insufficient use is made of Article 349 of the Treaty on the Functioning of the European Union, which authorises specific rules to be drawn up for the outermost regions in order to take account of their handicaps, and therefore calls on the European Commission to provide for measures specific to the outermost regions in the regulations relating to the Common Fisheries Policy and the European Maritime and Fisheries Fund(9).

VI - Determination of the appropriate legal basis

In order to determine the appropriate legal basis in this case it needs to be considered whether the main or predominant purpose of the proposal is to establish the provisions necessary for the pursuit of the objectives of the Common Fisheries Policy, or whether the objective of adopting specific measures for the outermost regions concerning fisheries is indissociably linked without being secondary and indirect.

The overall objective of the Commission proposal is to ensure fishing and aquaculture activities that provide long-term sustainable environmental conditions and contribute to the availability of food supplies, whereas the draft report of the Committee on Fisheries stresses that the proposed Regulation should lay the groundwork for a reversal of the persistently negative trend of problems in the fisheries sector and for the development of sustainable, successful fishing in Europe.

Against this background, the current provisions in the proposal allowing for specific measures for the outermost regions, in Articles 6(3) on registered fishing vessels and Article 35 on fishing capacity ceilings, are limited in scope and therefore merely incidental to the predominant purpose of setting the basic rules underlying the Common Fisheries Policy.

It should however be noted that this analysis might have to be revised should any of the above-mentioned amendments seeking to introduce specific measures for the outermost regions be adopted, for instance those seeking to establish an Advisory Council for the outermost regions, since that could alter the above weighing exercise and make such measures no longer secondary and indirect in relation to the Common Fisheries Policy. This conclusion is furthermore supported by the above-mentioned Parliament resolution on the role of Cohesion Policy in the outermost regions and the subsidiarity contribution of the French Senate which both call for specific measures for the outermost regions in the proposed Regulation.

Should the ensuing legislative procedure and the possible negotiations for a second reading agreement lead to further amendments being made to the proposal which introduce such additional provisions allowing for specific measures for the outermost regions, either outright or in the form of delegations of legislative power, the Committee on Legal Affairs should again verify the legal basis in order to ascertain whether those provisions are merely incidental to the Common Fisheries Policy, or if they give rise to an objective which is not secondary and indirect, and thus require the addition of Article 349 TFEU to the legal basis.

Concerning the second question posed by the Committee on Fisheries, it should be noted that, although Article 349 TFEU, unlike Article 43(2) TFEU, does not provide for the application of the ordinary legislative procedure, it provides that the Council is to act by a qualified majority. Consequently, these articles are not procedurally incompatible.

VII - Conclusion and recommendation

In light of the foregoing analysis the questions posed by the Committee on Fisheries should be answered as follows:

1. Article 43(2) TFEU constitutes the sole appropriate legal basis for the proposal as it stands at present, but if the proposal were to be amended to include further provisions allowing for specific measures for the outermost regions, it would again have to be considered whether those provisions give rise to an objective which is not merely incidental to the Common Fisheries Policy, thus requiring the addition of Article 349 TFEU.

2. Articles 43(2) and 349 TFEU can be adopted as a joint legal basis even though they provide for different legislative procedures to be applied.

At its meeting of 17 September 2012 the Committee on Legal Affairs accordingly decided, unanimously(10), to recommend to you as follows: Article 43(2) TFEU constitutes the sole appropriate legal basis for the proposal as it stands at present.

Yours sincerely,

Klaus-Heiner Lehne

(1)

COM(2009)0163.

(2)

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, p. 59).

(3)

Case C-45/86, Commission v. Council (Generalised Tariff Preferences) [1987] ECR 1439, para. 5; Case C-440/05 Commission v. Council [2007] E.C.R. I-9097; Case C-411/06 Commission v. Parliament and Council (8 September 2009) (OJ C 267 of 07.11.2009, p.8).

(4)

See the above-referenced Case C-411/06, paras. 46-47.

(5)

Case C-178/03 Commission v. European Parliament and Council [2006] E.C.R. I-107, para. 57; Case C-300/89 Commission v Council ("Titanium dioxide") [1991] E.C.R. I-2867, paras 17-25.

(6)

Case C-155/07 European Parliament v Council [2008] E.C.R. I-8103, paras. 75-79.

(7)

See COM(2011)0425, p. 2.

(8)

European Parliament resolution of 18 April 2012 on the role of Cohesion Policy in the outermost regions of the European Union in the context of EU 2020, P7_TA(2012)0125, para. 17.

(9)

European resolution of 3 July 2012 seeking to ensure that the realities of fisheries activity in the outermost regions of France are taken into account by the European Union.

(10)

The following were present for the final vote: Raffaele Baldassarre (Vice-Chair), Edit Bauer (pursuant to Rule 187(2)), Luigi Berlinguer, Sebastian Valentin Bodu (Vice-Chair), Piotr Borys, Françoise Castex (Vice-Chair), Christian Engström, Marielle Gallo, Eva Lichtenberger (rapporteur), Antonio Masip Hidalgo, Bernhard Rapkay, Evelyn Regner (Vice-Chair), Dagmar Roth-Behrendt, Rebecca Taylor, Alexandra Thein, Axel Voss, Rainer Wieland, Cecilia Wikström, Tadeusz Zwiefka, Charalampos Angourakis (pursuant to Rule 187(2)).


OPINION of the Committee on Development (20.6.2012)

for the Committee on Fisheries

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))

Rapporteur: Isabella Lövin

SHORT JUSTIFICATION

The EU's Common Fisheries Policy (CFP) is being reformed. Since the scope of the CFP is global - the EU imports over 60% of the fish it consumes and its fleets fish around the world - it is essential that its objectives and measures be consistent inside and outside the EU itself, especially in its relations with developing countries. The best way to minimise the external impact of the CFP is to ensure that the EU fisheries management policy applies principles of long-term environmental sustainability so as to reduce our dependence on fish resources outside the Union.

The external dimension is usually considered to be limited to the EU bilateral fisheries agreements with third countries (currently called Fisheries Partnership Agreements, that the Commission wishes to rename Sustainable Fisheries Agreements) and regional fisheries management organizations (RFMOs). But EU fishing interests include private agreements between EU ship-owners and third countries, joint ventures and other forms of investment. To the extent possible under EU law, such activities and relationships should also fulfil the objectives of the CFP.

For the first time, the Commission is proposing to include in the basic regulation of the CFP provisions concerning its external dimension, though the proposal only includes articles on bilateral agreements and on regional fisheries management organizations (RFMOs).

The main principles proposed are:

· the EU should promote fisheries management so as to maintain fish stocks above levels capable of producing maximum sustainable yield, or MSY (Art. 39.2);

· bilateral agreements should only be negotiated for access to fish stocks for which there is a surplus available, above the ability of the coastal State to exploit (Art. 41.2);

· financial compensation for access to fish stocks should be de-coupled from money used to promote sectoral development in the third country (Art. 42).

These proposals should be fully supported by the Development Committee.

Rather more controversially, the Commission wants to oblige the Member States to establish a system of transferable fishing concessions (TFCs), whereby individuals or companies would be assigned long-term rights to fish which they could then trade among themselves, a process which all too frequently leads to concentration of fishing rights and can even lead to speculation in fishing opportunities. The Commission proposes to exclude fishing opportunities obtained under bilateral agreements, but leaves open to such a market-based system fishing opportunities in waters of countries where the EU does not have a bilateral fisheries agreement and in international waters. It is imperative that such a system not be applied outside EU waters. An amendment is included to that effect.

Other provisions regarding the external dimension of the CFP, the part that is particularly relevant to developing countries, need to be added to the basic regulation and a number of amendments are included to that effect.

Many aspects of the external fisheries policy are rather opaque, with insufficient information in the public domain over catches, the extent of EU-flagged fishing activities, impact of the EU and other fleets, etc. Several amendments are proposed to improve transparency.

Fisheries agreements have been heavily criticised for many years, sometimes deservedly so. However, equitably negotiated and properly implemented EU bilateral agreements have the potential to make greater contributions to sustainable exploitation of marine resources than a cessation of these agreements, as EU involvement would continue under other guises, including private agreements which would be outside any kind of democratic oversight.

With respect to bilateral fisheries agreements themselves, a number of additional provisions are proposed, including a clause concerning the respect of human rights and international labour laws.

Recent fisheries agreements have included an "exclusivity clause" whereby vessels are only allowed to operate in the waters of third countries with which the EU has an agreement if they are included in the terms of the agreement. Such a clause should be enshrined in the basic regulation, along with a provision to prevent vessels from frequent flag changes in order to avail themselves from several countries. Such flag hopping should not be allowed if the vessel wishes to fish under EU bilateral agreements.

The objective of the EU engaging in international fisheries management organisations to promote sustainable fisheries worldwide is laudable. Well-managed global fisheries would contribute to development objectives, such as food security for present and future generations. However, for the EU to be successful it is crucial that that work be coordinated with, and supported by, EU development policies. There is a great need for capacity building in the areas of monitoring, control and surveillance, stock assessments, and fisheries management in the developing part of the world. Unless the EU engages in that capacity building holistically, using all its policies in a coordinated manner, the EU risks being perceived as demanding the impossible of developing countries in fisheries management, thereby undermining any possibility to succeed in its vision.

AMENDMENTS

The Committee on Development calls on the Committee on Fisheries, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation

Recital 38 a (new)

Text proposed by the Commission

Amendment

 

(38a) The Common Fisheries Policy should be consistent with the Union's development policy and contribute to the achievement of the Millennium Development Goals;

Amendment  2

Proposal for a regulation

Article 4 – point f

Text proposed by the Commission

Amendment

f) consistence with the integrated maritime policy, and with other Union policies.

f) consistence with the integrated maritime policy, and with other Union policies as well as with international commitments entered into by the Union and the Member States.

Amendment  3

Proposal for a regulation

Article 4 - point fa (new)

Text proposed by the Commission

Amendment

 

(fa) transparency and access to information in accordance with the Aarhus Convention, including for the external dimension.

Amendment  4

Proposal for a regulation

Article 27 - paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Such a system shall not apply outside Union waters.

Amendment  5

Proposal for a regulation

Article 28 – title

Text proposed by the Commission

Amendment

Allocation of transferable fishing concessions

Allocation of fishing opportunities

Amendment  6

Proposal for a regulation

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

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.

2. Each Member State may 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.

Amendment  7

Proposal for a regulation

Part VII - Title -1 - Article 38 a (new)

Text proposed by the Commission

Amendment

 

Title -1

 

GENERAL OBJECTIVES

 

Article 38a

 

The external dimension of the Common Fisheries Policy shall be coherent with the Union's environment, development and trade policies. It shall seek to achieve the same objectives and promote the same standards for fisheries management as are applied in Union waters.

 

The European Union shall actively coordinate its development cooperation policy with its external fisheries policy in order to effectively support the implementation by developing countries of sustainable global fisheries governance.

Amendment  8

Proposal for a regulation

Article 40 - paragraph 1a (new)

Text proposed by the Commission

Amendment

 

Member States shall ensure compliance of their operators with the measures referred to in the firstparagraph. In cases of non-complaince, the Commission may take corrective measures.

Amendment  9

Proposal for a regulation

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

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.

1. Sustainable Fisheries Agreements with third countries shall establish a legal, economic, social and environmental governance framework for fishing activities carried out by Union fishing vessels in third country waters. The agreements shall contribute to sustainable development in third countries and to responsible fishing at global level.

Amendment  10

Proposal for a regulation

Article 41 - paragraph 2

Text proposed by the Commission

Amendment

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 the United Nations Convention on the Law of the Sea, and identified 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, in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield.

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 the United Nations Convention on the Law of the Sea, and identified 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.

Amendment  11

Proposal for a regulation

Article 41 - paragraph 2a (new)

Text proposed by the Commission

Amendment

 

2a. Sustainable Fisheries Agreements shall provide that fishing authorisations for stocks in the third country are only granted to fishing vessels that have been flagged in the Union during the 24 months preceding the request for a fishing authorisation. No Union fishing vessels shall operate in a third country with which the Union has concluded a Sustainable Fisheries Agreement outside the provisions of that Agreement.

Amendment  12

Proposal for a regulation

Article 41 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b. Effort 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 should respect the same guiding principles that are applied to those fishing in the Union.

Amendment  13

Proposal for a regulation

Article 41 - paragraph 2c (new)

Text proposed by the Commission

Amendment

 

2c. 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, shall constitute an essential element of Sustainable Fisheries Agreements.

Amendment  14

Proposal for a regulation

Article 41 - paragraph 2d (new)

Text proposed by the Commission

Amendment

 

2d. Independent evaluations shall be conducted of the impact of each protocol prior to the beginning of negotiations for the succeeding protocol and shall include information of catches, and fishing activities. Such evaluations shall be in the public domain.

Amendment  15

Proposal for a regulation

Article 42 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) support part of the cost of access to the fisheries resources in third country waters;

(a) support part of the cost of access to the fisheries resources in third country waters, with the beneficiaries of the access to the fishery paying a progressively greater share of the costs;

Amendment  16

Proposal for a regulation

Article 42 - paragraph 1 - point b

Text proposed by the Commission

Amendment

(b) establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, monitoring, control and surveillance capability and other capacity building items pertaining to the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditioned upon the achievement of specific results.

(b) establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, monitoring, control and surveillance capability, transparency, participation and accountability mechanisms and other capacity building items pertaining to the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditioned upon the achievement of specific results and shall be complementary to and consistent with the development projects and programmes implemented in the third country in question.

Amendment  17

Proposal for a regulation

Article 42 - paragraph 1a (new)

Text proposed by the Commission

Amendment

 

1a. Without prejudice to the monitoring powers attributed to the joint committees provided for in the sustainable fisheries agreements with third countries, such assistance shall be subject to an open and accountable review mechanism, which shall include publically available financial audits and independent evaluations on the outcomes of financial assistance commissioned by the Commission.

PROCEDURE

Title

Common Fisheries Policy

References

COM(2011)0425 – C7-0198/2011 – 2011/0195(COD)

Committee responsible

       Date announced in plenary

PECH

13.9.2011

 

 

 

Opinion by

       Date announced in plenary

DEVE

13.9.2011

Rapporteur

       Date appointed

Isabella Lövin

29.8.2011

Discussed in committee

23.4.2012

 

 

 

Date adopted

19.6.2012

 

 

 

Result of final vote

+:

–:

0:

26

0

0

Members present for the final vote

Thijs Berman, Michael Cashman, Véronique De Keyser, Nirj Deva, Leonidas Donskis, Catherine Grèze, Filip Kaczmarek, Michał Tomasz Kamiński, Gay Mitchell, Norbert Neuser, Jean Roatta, Birgit Schnieber-Jastram, Michèle Striffler, Keith Taylor, Eleni Theocharous, Patrice Tirolien, Ivo Vajgl, Anna Záborská, Iva Zanicchi

Substitute(s) present for the final vote

Agustín Díaz de Mera García Consuegra, Gesine Meissner, Csaba Őry, Judith Sargentini, Patrizia Toia

Substitute(s) under Rule 187(2) present for the final vote

Ioan Enciu, Gabriele Zimmer


OPINION of the Committee on Budgets (22.6.2012)

for the Committee on Fisheries

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))

Rapporteur: François Alfonsi

SHORT JUSTIFICATION

A common fisheries policy (CFP) of the European Union is indispensable in order to achieve a sustainable management of fisheries in all its dimensions, i.e. environmental, economic and social. Until now, the Common Fisheries Policy has not delivered expected results and the Commission is advocating a reformed CFP in order to avoid ongoing serious depletion of fish populations, fleet overcapacity and low profitability and low economic resilience for a significant number of fleets. Therefore, some elements need to be reformed, in order to reach the overall objective of ensuring fishing and aquaculture activities that provide long-term sustainable environmental conditions and contribute to the availability of food supplies.

A revamped policy should aim to exploit living marine biological resources that restores and maintains fish resources above levels that produce's a maximum sustainable yield. Such a system should be in place as soon as possible, as this would lead to an overall stock improvement resulting in significant economic and social improvements. On the other hand, decreasing unwanted catches, ending discarding and minimizing the negative impact on the eco-systems among others through the development of selective gear will contribute to a good environmental status.

Equal access to waters should remain a key principle of the CFP, as is the conservation of marine biological resources, which must remain a fundamental pillar to achieve the objectives of the CFP. In particular multi-annual management plans to manage exploitation of resources at sustainable levels are key to conservation. In addition, basic fleet management remains necessary with detailed overall fishing capacity ceilings per Member States.

The CFP should support the environmentally, economically and socially sustainable development of the sustainable aquaculture industry. Sustainable aquaculture has the potential to contribute to food security and growth and jobs in coastal and rural regions provided it is properly managed to minimise environmental degradation. Serious progress can be achieved when Member States develop on the basis of Union strategic guidelines national strategic plans to facilitate the sustainable development of aquaculture in relation to the business security and access to waters and space. Support for the marine Natura 2000 network of protected areas is also a vital investment in this context. There is a clear Union dimension in aquaculture development: strategic choices made at national level can have a bearing on such development in neighbouring Member States. It is essential that Member States have an opportunity to know what other Member States are planning for future aquaculture development.

The total amount foreseen for the CFP (financed through the Fisheries Fund) for the next financial period is EUR 6.68 bn.

The Rapporteur supports the broad orientations of the proposed reform.

******

The Committee on Budgets calls on the Committee on Fisheries, as the committee responsible, to propose that Parliament adopts its position at first reading, supporting the broad orientations of the Commission proposal.

The Committee on Budgets will deliver a detailed appraisal of the budgetary aspects in its opinion on the proposal for a regulation on the European Maritime and Fisheries Fund. Specific funding for small scale fisheries should be an issue there.

AMENDMENTS

The Committee on Budgets calls on the Committee on Fisheries, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Draft legislative resolution

Paragraph 1 a (new)

Draft legislative resolution

Amendment

 

1a. Recalls its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe1; 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;

 

______________

 

1 Texts adopted, P7_TA(2011)0266.

Amendment  2

Draft legislative resolution

Paragraph 1 b (new)

Draft legislative resolution

Amendment

 

1b. Points out that the estimated financial impact of the proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020;

PROCEDURE

Title

Common Fisheries Policy

References

COM(2011)0425 – C7-0198/2011 – 2011/0195(COD)

Committee responsible

       Date announced in plenary

PECH

13.9.2011

 

 

 

Opinion by

       Date announced in plenary

BUDG

13.9.2011

Rapporteur

       Date appointed

François Alfonsi

8.9.2011

Date adopted

20.6.2012

 

 

 

Result of final vote

+:

–:

0:

24

2

2

Members present for the final vote

Richard Ashworth, Francesca Balzani, Zuzana Brzobohatá, Andrea Cozzolino, Eider Gardiazábal Rubial, Jens Geier, Ivars Godmanis, Lucas Hartong, Jutta Haug, Monika Hohlmeier, Sidonia Elżbieta Jędrzejewska, Ivailo Kalfin, Sergej Kozlík, Jan Kozłowski, Giovanni La Via, Barbara Matera, Claudio Morganti, Juan Andrés Naranjo Escobar, Nadezhda Neynsky, Dominique Riquet, Alda Sousa, László Surján, Angelika Werthmann

Substitute(s) present for the final vote

Alexander Alvaro, Jürgen Klute, Jan Mulder, María Muñiz De Urquiza, Theodor Dumitru Stolojan


OPINION of the Committee on the Environment, Public Health and Food Safety (14.5.2012)

for the Committee on Fisheries

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))

Rapporteur: Chris Davies

SHORT JUSTIFICATION

The urgent need for reform of the Common Fisheries Policy (CFP) could not be more clear. Fish stocks in European waters have declined dramatically over recent decades and there is a risk that some may collapse entirely. One in four of the fish that are caught is wasted entirely, being thrown overboard dead, yet more than 60% of the fish that Europe consumes is now imported. There are too many fishing boats chasing too few fish, but the capacity of Europe's fleet is still increasing by 3% each year. The fishing industry is hardly profitable, and in many instances is kept alive only by subsidies; the acute financial difficulties promote short term thinking and unsustainable bad practices that have severely damaged the marine environment.

We cannot continue like this.

Fish stocks were declining long before the CFP came into being in 1983. Historical evidence suggests that in some cases the wooden fishing fleets of 100 years ago, dependent on sail and wind, were landing a greater tonnage of fish than the high-tech vessels of today, and on average the fish were much larger in size.

Overfishing has a long history but the CFP has done little to curb it. The fault lies not with the idea of the EU having common rules but with the policy, and in particular with its application. Short term thinking has triumphed. Ministers meeting each year to set quotas are said on average to have exceeded scientific recommendations by as much as 48%. In consequence the number of fish has declined and the size of the fish caught has diminished. Current practices cannot provide a sustainable supply of food from the seas.

Fortunately, our waters are capable of supporting many more fish than they now possess, and not every policy decision has proven wrong. Declines in some fish stocks have been reversed. In a small but growing number of cases EU policy is succeeding in helping fish stocks recover to levels that exceed maximum sustainable yield. This must be our ambition for them all.

The European Commission is proposing far reaching reforms that include the following key elements:

· Establishment of long term management plans for all stocks, with the aim of achieving maximum sustainable yield by 2015;

· Annual allocation of fishing opportunities firmly based on scientific advice or, in its absence, on application of the precautionary principle;

· A ban on the discard, dead, of commercial species of fish;

· The introduction across Europe of rights-based management (transferable fishing concessions or TFCs) giving fishermen a commercial incentive to fish sustainably and addressing the problem of overcapacity;

· An end to micro-management from Brussels, with decentralisation of day-to-day decisions to regional bodies that can take account of local circumstances;

· Requirements that Europe's fleet will adhere to high standards when fishing in the waters of third parties;

· Encouragement for the development of aquaculture across Europe.

The European Commission is leading the demand for change, and the Opinion Writer welcomes and endorses the proposals it makes in this draft Regulation. But the text does not always make clear how the proposed arrangements will work in practice. There is a need for additional safeguards to ensure that the objectives are met and to promote sustainability, and for further measures to secure compliance.

Through his amendments the Opinion Writer seeks to achieve the following:

· Promote measures intended to restore fish stocks;

· Strengthen the primacy of long term management plans, and curb the ability of governments to ignore scientific advice when setting annual quotas;

· Pave the way for extending a discard ban to all fish species;

· Provide greater protection for the marine environment;

· Demonstrate that systems of rights-based management (TFCs) can be shaped by Member States to meet national priorities and protect particular interests;

· Create greater opportunities for small scale and low impact fishing practices;

· Tighten the standards required of EU vessels fishing in foreign waters;

· Address concerns about aquaculture development;

· Emphasise that fishing policy must be transparent and open to public scrutiny.

In drafting amendments the Opinion Writer has welcomed suggestions made by representatives of the following bodies: European Commission; governments of Denmark, France, Iceland, Norway, Sweden and the United Kingdom; Aquaculture Stewardship Council; BalticSea2020; Birdlife; Client Earth; Greenpeace; New Under Ten Fishermen's Association; Ocean 2012; Oceana; Pew Environment Group, UN FAO; WWF.

However, responsibility for the proposals made lies entirely with him.

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Fisheries, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) The scope of the Common Fisheries Policy extends to conservation, management and exploitation of marine biological resources. In addition, the Common Fisheries Policy’s scope extends in relation to market measures and financial measures in support of its objectives, to fresh water biological resources and aquaculture, as well as to 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.

(2) The scope of the Common Fisheries Policy extends to conservation, sustainable management of marine biological resources, and the minimisation of impacts caused to the marine environment. In addition, the Common Fisheries Policy’s scope extends in relation to market measures and financial measures in support of its objectives, to fresh water biological resources and aquaculture, as well as to 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.

Amendment  2

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) The Common Fisheries Policy should ensure that fishing and aquaculture activities contribute to long-term sustainable environmental, economic, and social conditions. It should contribute moreover to increased productivity, a fair standard of living for the fisheries sector, stable markets, ensure the availability of resources and that supplies reach consumers at reasonable prices.

(3) The Common Fisheries Policy should ensure that fishing and aquaculture activities contribute to long-term sustainable environmental, economic, and social stability. It should contribute moreover to increased productivity, the delivery of food security, a fair standard of living for the fisheries sector, decent working conditions for those working in the sector, stable markets, ensure the availability of resources and that supplies reach consumers at reasonable prices.

Justification

This is a linguistic change - it is not clear what ‘providing conditions’ is intended to mean. Providing long-term sustainable environmental, economic, and social stability should be one of the key aims of the CFP. The EU currently imports 60% of the fish it consumes. The CFP should manage marine resources to restore stocks to levels that will deliver food security in Europe. Many workers who are not EU nationals - particularly those who work offshore- are not protected by EU Social legislation.

Amendment  3

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a) The Treaty should not constitute an impediment to the obligation of the Union to sustainably manage the exploitation of marine resources;

Amendment  4

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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 of producing maximum sustainable yields from the populations of harvested stocks by 2015. Where less scientific information is available, this may require applying proxies to maximum sustainable yield.

(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 population levels of harvested stocks are restored and maintained at levels above those capable of producing maximum sustainable yields by 2015. Where less scientific information is available, the precautionary approach should apply.

Amendment  5

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Sustainable exploitation of marine biological resources should 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.

(7) Sustainable management of marine biological resources should 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. The precautionary principle applies where scientific evidence is insufficient, inconclusive or uncertain.

Amendment  6

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The Common Fisheries Policy should contribute to the protection of the marine environment 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).

(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 at 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).

Amendment  7

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) An ecosystem based approach to fisheries management needs to be implemented, environmental impacts of fishing activities should be limited and unwanted catches should be minimised and progressively eliminated.

(9) An ecosystem based approach to fisheries management needs to be implemented so as to limit environmental impacts of fishing activities on fish stocks, on non-targeted species, on habitats and on the seabed and unwanted catches should be minimised and progressively eliminated.

Amendment  8

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(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.

(17) Multi-annual plans should where possible cover either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks. The multiannual plans should establish the basis for fixing fishing opportunities in compliance with the best available scientific advice, quantifiable targets for the sustainable management of stocks and marine ecosystems concerned, defining clear timeframes and safeguard mechanisms for unforeseen developments. The multiannual plans should include an assessment of the balance between fleet capacity and available fishing opportunities.

Amendment  9

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(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.

(21) For stocks for which no multi-annual plan has been established, catch and fishing effort limits should be set to ensure that the exploitation rates do not compromise the objective to restore and maintain population of harvested species above levels which can produce the maximum sustainable yield by 2015.

Amendment  10

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) In view of the precarious economic state 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.

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

Amendment  11

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(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, 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 and marine protected areas pursuant to Article 13(4) of Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) .

(24) Member States should regulate fishing activities that impact negatively on the conservation status of designated sites in their waters in such a way as 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, 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 and marine protected areas pursuant to Article 13(4) of Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) .

Amendment 12

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(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.

(29) A system of transferable fishing concessions for the majority of managed stocks under the Common Fisheries Policy may be implemented. Member States may exclude certain types of vessels from transferable fishing concessions based on fair, equitable and transparent criteria. 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.  

Amendment 13

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(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.

(30) Fishing concessions may 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. 

Amendment 14

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(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.

(31) A system of transferable fishing concessions should apply to stocks for which fishing opportunities are allocated.

Amendment  15

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(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. 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.

(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. 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 in accordance with the relevant international standards and conventions, in particular the United Nations Convention on the Law of the Sea (UNCLOS).

Amendment  16

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(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 conservation and management of international fish stocks, by promoting decision-making based on science and improved compliance, increased transparency and stakeholder participation, and by combating illegal, unreported and unregulated (IUU) fishing activities.

(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 conservation and sustainable management of international fish stocks, by promoting decision-making based on science and improved compliance, increased transparency and stakeholder participation, and by combating illegal, unreported and unregulated (IUU) fishing activities.

Amendment  17

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(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 a sustainable exploitation of the marine biological resources. 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 governance framework to ensure in particular efficient monitoring, control and surveillance measures.

(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 a sustainable exploitation of the marine biological resources. Those agreements, which provide for access rights in exchange for a financial contribution from the Union, should contribute to data collection on stocks and current fishing pressure and to the establishment of a high quality governance framework to ensure in particular efficient monitoring, control and surveillance measures.

Amendment  18

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(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 for European citizens and to contribute to the growing world aquatic food demand.

(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 for European citizens and to contribute to the growing world aquatic food demand. Aquaculture should not increase the fishing pressure on wild stocks and should be subjected to environmental impact assessment prior to any expansion.

Amendment 19

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) conservation, management and exploitation of marine biological resources; and

a) conservation and sustainable management and exploitation of marine biological resources;

Amendment 20

Proposal for a regulation

Article 2

Text proposed by the Commission

Amendment

1. The Common Fisheries Policy shall ensure that fishing and aquaculture activities provide long-term sustainable environmental, economic and social conditions and contribute to the availability of food supplies.

1. The Common Fisheries Policy shall ensure that fishing and aquaculture activities promote long-term environmental sustainability, which is a prerequisite for economic and social stability and contributes to the availability of food supplies.

2. The Common Fisheries Policy shall apply the precautionary approach to fisheries management, and shall aim to ensure, by 2015, that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield.

2. The Common Fisheries Policy shall apply the precautionary approach to fisheries management, and shall ensure that the exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield by 2015, and aims to achieve levels thereof that are capable of producing maximum economic yield by 2020.

 

2a. The Common Fisheries Policy shall contribute to the achievement and the maintenance of good environmental status by 2020 at the latest in accordance with the requirements of the Marine Strategy Framework Directive 2008/56/EC.

3. The Common Fisheries Policy shall implement the ecosystem-based approach to fisheries management to ensure that the impacts of fishing activities on the marine ecosystem are limited.

3. The Common Fisheries Policy shall implement the ecosystem-based approach to fisheries management to ensure that the impacts of fishing activities on the marine ecosystem are kept to a minimum and are not detrimental to its integrity and functioning.

4. The Common Fisheries Policy shall integrate the Union environmental legislation requirements.

4. The Common Fisheries Policy shall be in full compliance with the Union environmental legislation, as stipulated in Article 11 of the Treaty.

Amendment  21

Proposal for a regulation

Article 2 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a. The Common Fisheries Policy shall contribute to the collection of comprehensive and robust scientific data.

Amendment 22

Proposal for a regulation

Article 3

Text proposed by the Commission

Amendment

 

For the purpose of achieving the general objectives set out in Article 2, the Common Fisheries Policy shall in particular:

For the purpose of achieving the general objectives set out in Article 2, the Common Fisheries Policy shall in particular:

 

(-a) ensure that by 2015 fishing opportunities are determined in accordance with the best available scientific advice and are set at levels that will restore and maintain populations of all stocks of harvested species above levels capable of producing maximum sustainable yield;

 

(-aa) ensure that the management and exploitation of fish stocks is conducted within the framework of multiannual plans embracing every fishery;

(a) eliminate unwanted catches of commercial stocks and gradually ensure that all catches of such stocks are landed;

(a) eliminate unwanted catches through the development and use of selective gear and other means, starting with commercial stocks and gradually ensuring that catches of all fish are landed, with the exception of species specifically exempted and listed by the Commission as being able to survive discard;

(b) provide conditions for efficient fishing activities within an economically viable and competitive fishing industry;

(b) provide and promote conditions for efficient, sustainable and low-impact fishing activities within an economically viable and competitive fishing industry where access to resources is based on equitable and transparent criteria;

(c) promote the development of Union aquaculture activities to contribute to food security and employment in coastal and rural areas;

(c) promote the development of environmentally sustainable and ecosystem-based Union aquaculture activities to contribute to food security and employment in coastal and rural areas;

(d) contribute to a fair standard of living for those who depend on fishing activities;

(d) contribute to a fair standard of living for those in coastal communities and those who depend on fishing activities;

(e) take into account the interests of consumers;

(e) protect the interests of consumers by ensuring that labelling is clear, detailed and accurate and by securing the traceability of fisheries and aquaculture products throughout the food chain;

(f) ensure systematic and harmonised data collection and management.

(f) ensure systematic, timely and harmonised collection of the robust biological, technical and environmental data necessary for meeting the objectives of the Common Fisheries Policy;

Amendment  23

Proposal for a regulation

Article 3 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) contribute to the achievement and maintenance of good environmental status as set out in Article 1(1) of Directive 2008/56EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive);

Amendment  24

Proposal for a regulation

Article 3 – paragraph 1 – point a b (new)

Text proposed by the Commission

Amendment

 

(ab) limit the number and type of fishing vessels authorised to fish in line with the objective to restore and maintain populations of harvested species above levels which can produce the maximum sustainable yield, so as to avoid concentration of fishing capacity and recognise the potential of artisanal fisheries to sustain coastal communities and to contribute to reaching a good ecological status;

Amendment  25

Proposal for a regulation

Article 3 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

 

(fa) ensure the establishment of fisheries reserves;

Amendment  26

Proposal for a regulation

Article 3 – paragraph 1 – point f b (new)

Text proposed by the Commission

Amendment

 

1a. Promote the deployment of fishing gears and practices with low environmental impact.

Amendment  27

Proposal for a regulation

Article 4 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The Common Fisheries Policy shall be guided by the following principles of good governance:

The Common Fisheries Policy shall apply the following principles of good governance:

Amendment  28

Proposal for a regulation

Article 4 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) decentralisation to the national, regional and local levels of the decisions necessary to ensure that the general objectives and guidelines defined at Union level are met;

Amendment 29

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) establishment of measures in accordance with the best available scientific advice;

(b) establishment of measures that follow, conform and comply with the best available scientific advice, mindful that the absence of adequate scientific information shall not be used as a reason for postponing or failing to take conservation and management measures;

Justification

A fundamental failing of the CFP has been the annual fixing of TACs and quotas that have often far exceeded the scientific recommendations. Future policy must be science-led with the scope for interference by ministers much reduced.

Amendment  30

Proposal for a regulation

Article 4 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) reduction of administrative costs,

Amendment  31

Proposal for a regulation

Article 4 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) adaptive, real-time management;

Amendment  32

Proposal for a regulation

Article 4 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) consistence with the integrated maritime policy, and with other Union policies.

(f) consistence with the integrated maritime policy, and with other Union policies, in particular with existing Union environmental legislation, and international legally binding agreements, whilst ensuring Policy Coherence for Development.

Amendment 33

Proposal for a regulation

Article 4 – paragraph 1 - point f a (new)

Text proposed by the Commission

Amendment

 

(fa) transparency and public access to information in accordance with the Aarhus Convention of 25 June 1998 on access to information, public participation in decision-making and access to justice in environmental matters, including the external dimension;

Justification

Confirming a long held principle of Parliament.

Amendment  34

Proposal for a regulation

Article 4 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

 

(fa) application of environmental and strategic impact assessments.

Justification

These are well established principles in EU law and form an integral part of good governance.

Amendment 35

Proposal for a regulation

Article 4 – point f b (new)

Text proposed by the Commission

Amendment

 

(fb) decentralisation and regionalisation of day-to-day decisions necessary to meet the objectives and requirements of multiannual plans.

Justification

Supporting the widely held desire to reduce micro-management from Brussels

Amendment 36

Proposal for a regulation

Article 4 – point f c (new)

Text proposed by the Commission

Amendment

 

(fc) parity between the internal and external dimension of the Common Fisheries Policy, so that standards and enforcement mechanisms applied domestically are also applied externally, when applicable.

Justification

Common standards should apply to the EU fishing fleet wherever vessels may fish.

Amendment 37

Proposal for a regulation

Article 5 – indents 6, 7, 8 and 11

Text proposed by the Commission

Amendment

- 'maximum sustainable yield' means the maximum catch that may be taken from a fish stock indefinitely;

– ‘maximum sustainable yield’ means the maximum average catch that may be taken from a fish stock indefinitely and that allows the restoration of stocks to maximum levels of abundance that current ecological conditions will permit;

– 'precautionary approach to fisheries management' means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment;

- ‘precautionary approach to fisheries management’, in accordance with the definition set out in Article 6 of the 1995 United Nations Fish Stocks Agreement, means that when scientific information is uncertain, unreliable or inadequate there is a need to be more cautious and the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve or prevent damage, to target species, associated or dependent species and non-target species and their environment;

- 'ecosystem-based approach to fisheries management' means an approach ensuring that benefits from living aquatic resources are high while the direct and indirect impacts of fishing operations on marine ecosystems are low and not detrimental to the future functioning, diversity and integrity of those ecosystems;

'ecosystem-based approach to fisheries management' means an approach that considers all pressures on marine biological resources, ensuring that benefits from living aquatic resources are high while the direct and indirect impacts of fishing operations on marine ecosystems are minimised and, where possible, eliminated, and are not detrimental to the future functioning, diversity and integrity of those ecosystems;

 

- 'maximum economic yield’ means the level of catch that is at the maximum size that can be fished sustainably so as to produce the largest possible income;

- 'catch limit' means a quantitative limit on landings of a fish stock or group of fish stocks over a given period;

- 'catch limit' means a quantitative limit on catches of a fish stock or group of fish stocks over a given period;

Amendment  38

Proposal for a regulation

Article 5 – paragraph 1 – indent 6 a (new)

Text proposed by the Commission

Amendment

 

- ‘harvested species’ means species subject to fishing pressure/exploitation, including the species that are not landed, but caught as by-catch or impacted by a fishery;

Amendment  39

Proposal for a regulation

Article 5 – paragraph 1 – indent 8 b (new)

Text proposed by the Commission

Amendment

 

- ‘sustainable exploitation’ means the exploitation of a stock or group of fish stocks in a way that restores and maintains at levels capable of producing maximum sustainable yield, displays a healthy population age and size distribution and does not have a negative impact on the marine ecosystems;

Amendment  40

Proposal for a regulation

Article 5 – paragraph 1 – indent 12

Text proposed by the Commission

Amendment

– ‘conservation reference point’ means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management, for example with respect to an acceptable level of biological risk or a desired level of yield;

– ‘conservation reference point’ means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management, for example with respect to maximum sustainable yield or the best proxy equivalent, and reflecting a healthy population age and size distribution, the fishing mortality rate which generates maximum sustainable yield should be regarded as a minimum standard for limit reference points, in accordance with the 1995 UN Fish Stocks Agreement ;

Amendment  41

Proposal for a regulation

Article 5 – paragraph 1 – indent 13

Text proposed by the Commission

Amendment

– ‘safeguard’ means a precautionary measure designed to protect or prevent something undesirable occurring;

– ‘safeguard’ means a precautionary measure designed to protect or prevent the exploitation of marine biological resources from exceeding sustainable levels, including conservation reference points, or from negatively impacting the marine ecosystem;

Amendment  42

Proposal for a regulation

Article 5 – paragraph 1 – indent 13 a (new)

Text proposed by the Commission

Amendment

 

- ‘precautionary measure’ means a measure that encompasses the precautionary principle, as referred to in the first subparagraph of Article 191(2) of the Treaty, including but not limited to: conservation measures, technical measures, and measures related to the sustainable exploitation of stocks, and accords with the definition set out in Article 6 of the 1995 UN Fish Stocks Agreement that, when scientific information is uncertain, unreliable or inadequate, there is a need to be more cautious and that the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment;

Amendment  43

Proposal for a regulation

Article 5 – paragraph 1 – indent 14

Text proposed by the Commission

Amendment

– ‘technical measures’ means the measures that regulate the species composition, size composition of catches and impacts on components of the ecosystems resulting from fishing activities through conditioning the use and structure of fishing gear and restriction of access to fishing areas;

– ‘technical measures’ means the measures that regulate the species composition, size composition of catches and impacts on components of the ecosystems or ecosystem functioning resulting from fishing activities through conditioning the use and structure of fishing gear and restriction of access to fishing areas;

Amendment  44

Proposal for a regulation

Article 5 – paragraph 1 – indent 18 a (new)

Text proposed by the Commission

Amendment

 

- ‘fisheries reserve’ means a clearly defined geographical space within a Member State's coastal territorial waters in which all fishing activities are prohibited;

Amendment  45

Proposal for a regulation

Article 5 – paragraph 1 – indent 19

Text proposed by the Commission

Amendment

– ‘fishing capacity’ means a vessel’s tonnage in GT (Gross Tonnage) and its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/86 ;

– ‘fishing capacity’ means the ability of a vessel to catch fish. Indicators that can be used to quantify fishing capacity are vessel characteristics, including a vessel’s tonnage in GT (Gross Tonnage) and its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/86, the fishing gear and fishing technique it employs and the number of days spent at fishing;

Amendment  46

Proposal for a regulation

Article 5 – paragraph 1 – indent 32

Text proposed by the Commission

Amendment

– ‘sustainable fisheries agreements’ mean international agreements concluded with another state for the purpose of obtaining access to resources or waters in exchange for financial compensation from the Union.

– ‘sustainable fisheries agreements’ mean international agreements concluded with another state for the purpose of obtaining access to resources or waters to sustainably exploit a share of the surplus of marine biological resources in exchange for financial compensation from the Union which will support the local fishing sector, with a particular emphasis on scientific data collection, monitoring and control;

Amendment  47

Proposal for a regulation

Article 5 – paragraph 1 – indent 32 a (new)

Text proposed by the Commission

Amendment

 

- ‘essential fish habitats’ are the fragile and vital marine habitats that need to be protected due to their role in meeting the ecological and biological needs of fish species, including spawning, nursery and feeding grounds.

Justification

Refers to amendment to Article 8.

Amendment  48

Proposal for a regulation

Article 5 – paragraph 1 – indent 32 b (new)

Text proposed by the Commission

Amendment

 

- ‘sustainable management’ means the use of a resource in such a way that the capacity of the marine resource to respond to human-induced changes is not compromised, while enabling the sustainable use of marine goods and services by present and future generations.

Justification

Establishing the principle of sustainable management.

Amendment  49

Proposal for a regulation

Article 5 – paragraph 1 – indent 32 c (new)

Text proposed by the Commission

Amendment

 

- ‘conservation reference size’ means any dimensions specified for marine biological resources caught through fishing and any dimensions and sizes determined by existing Union legislation including those in Article 15 and Annex III to Regulation (EC) No 1967/2006;

Amendment  50

Proposal for a regulation

Article 5 – paragraph 1 – indent 32 d (new)

Text proposed by the Commission

Amendment

 

– ‘low impact fishing’ means utilising selective fishing techniques, which have a minimal detrimental impact on marine ecosystems and low fuel emissions;

Amendment  51

Proposal for a regulation

Article 5 – paragraph 1 – indent 32 e (new)

Text proposed by the Commission

Amendment

 

– ‘selective fishing’ means a fishing method’s or fishing gear’s ability to target and capture organisms by size and species during the fishing operation allowing non-targets to be avoided or released unharmed;

Amendment  52

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

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 shall inform the Commission of the restrictions put in place under this paragraph.

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, and to give priority access to small-scale fishing with low environmental impact and high cultural and economic added value for coastal communities, 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 shall inform the Commission of the restrictions put in place under this paragraph.

Amendment  53

Proposal for a regulation

Article 6 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. In areas protected by the Union or Member States, including but not limited to areas of conservation pursuant to Directive 92/43/EEC, special protection areas pursuant to Directive 2009/147/EC and designated sites under the Regional Seas Conventions, fishing shall be prohibited unless it can be shown, by means of prior assessment, that specific fishing activities are not detrimental to the conservation status of the site in question, and only after the Member State or Union institutions under whose jurisdiction the site has been protected has adopted a management plan that stipulates what are permitted fishing activities; 

Amendment  54

Proposal for a regulation

Article 6 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Member States may adopt special conservation measures, in duly identified areas within the zones defined in paragraphs 2 and 3, to preserve marine biological resources from the negative impacts of certain fishing activities. Member States shall inform the Commission of the restrictions put in place under this paragraph.

Amendment 55

Proposal for a regulation

Article 7

Text proposed by the Commission

Amendment

Measures for the conservation of marine biological resources may include the following:

Measures for the conservation, sustainable management and exploitation of marine biological resources shall include some or all of the following:

(a) adopting multiannual plans under Articles 9-11

(a) adopting multiannual plans under Articles 9-11

(b) establishing targets for the sustainable exploitation of stocks;

(b) establishing targets for the sustainable exploitation of stocks;

 

(ba) adopting measures to contribute to achieving good environmental status by 2020 at the latest as set out in Directive 2008/56/EC;

 

(bb) adopting measures to contribute to Member States’ implementation of Directive 92/43/EEC and Directive 2009/147/EC;

 

(bc) establishing marine and fisheries reserves.

(c) adopting measures for the purpose of adapting the number of fishing vessels and/or types of fishing vessels to available fishing opportunities;

(c) adopting measures for the purpose of adapting the number of fishing vessels and/or the quantity of gear deployed and/or types of fishing vessels to available fishing opportunities;

 

(ca) adopting measures for the purpose of restricting or imposing conditions on the exercise of certain fishing activities

(d) establishing incentives, including those of an economic nature, to promote more selective or low impact fishing;

d) establishing incentives, including those of an economic nature and in the form of access to fishing opportunities, to promote more selective or low impact fishing, more environmentally sustainable methods of fishing, or to encourage compliance with regulatory requirements;

(e) fixing fishing opportunities;

(e) fixing fishing opportunities;

 

(ea) establishing conservation reference sizes;

(f) adopting technical measures as referred to in Article 14;

(f) adopting technical measures as referred to in Article 14;

(g) adopting measures concerning the obligation to land all catches;

g) adopting measures concerning the obligation to land all catches and measures to reduce and eliminate by-catch;

(h) conducting pilot projects on alternative types of fishing management techniques.

(h) conducting pilot projects on alternative types of fishing management techniques;

 

(ha) setting targets and providing incentives for measures to improve the marine environment and to increase the health of fish stocks.

Amendment  56

Proposal for a regulation

Article 7 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga) imposing duties regarding data collection, including the collection of data on the state of marine biological resources and the marine ecosystem, and the impacts of fishing and aquaculture thereon;

Amendment  57

Proposal for a regulation

Article 7 – paragraph 1 – point h – point i (new)

Text proposed by the Commission

Amendment

 

(i) Any other appropriate measure proposed by the Member State and approved by the Commission.

Justification

This ensures flexibility

Amendment  58

Proposal for a regulation

Article 7 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

If a Member State fails to achieve the outcomes that the measures introduced in accordance with this Article are designed to attain, this shall result in the suspension of financial assistance given to that Member State under the Common Fisheries Policy. This shall be proportionate to the nature, extent, duration and repetition of the non-compliance.

Amendment  59

Proposal for a regulation

Article 7 a (new)

Text proposed by the Commission

Amendment

 

Article 7 a

 

Establishment of fisheries reserves

 

1. In order to secure the reversal of fish stock collapse, to increase the productivity of fish in the sea, to conserve, maintain and manage fish stocks and to protect living aquatic resources and marine ecosystems, and as part of a precautionary approach, Member States shall establish a coherent network of fisheries reserves for the purposes of fisheries conservation, including essential fish habitats, in particular nursery grounds, spawning grounds and feeding grounds for fish stocks.

 

2. Within one year of entry into force of this Regulation, Member States shall identify and designate as many sites as are necessary to establish the coherent network of fisheries reserves referred to in paragraph 1 above in waters subject to the Member States’ sovereignty and jurisdiction and amounting to at least 20% of coastal territorial waters in each Member State and shall notify the Commission of these sites.

 

3. Based on relevant scientific information Member States may expand the existing designated areas or designate additional fisheries reserves within their territorial waters after 1 January 2016;

 

4. The measures and decisions referred to in paragraph 2 and 3 shall be notified to the Commission, along with the scientific, technical, social and legal reasons underpinning them and be made publicly available.

 

5. The competent authorities of the Member States concerned shall decide whether the fisheries reserves designated under paragraphs 1 to 3, shall be surrounded by a zone or zones in which fishing activities are restricted and shall decide, after having notified the Commission, on the fishing gears that may be used in these zones, as well as the appropriate management measures and technical rules applied therein, which cannot be less stringent than Union legislation. This information shall be publicly available.

 

6. If a fishing vessel is transiting through a fisheries reserve, all gear carried on board used for fishing must be lashed and stowed, during the transit, in particular:

 

- nets, weights and similar gear shall be disconnected from their trawl boards and towing and hauling wires and ropes;

 

- nets which are on or above deck shall be securely lashed and stowed;

 

- longlines shall be stowed in lower decks.

 

7. If there is evidence of displacement within a year of the establishment of a fisheries reserve or network of fisheries reserves, then the relevant Member State shall take measures to ensure that the objectives of fisheries reserves set out in paragraph 1 are met and to safeguard and ensure the positive impact of fisheries reserves to areas outside the no-take zone and shall inform the Commission with regards to these measures. This information shall be publicly available. 

 

8. If the Commission considers that the designated fisheries reserves are not sufficient to ensure a high level of protection of the concerned fish stocks and marine biological ecosystems, it shall, by means of delegated acts adopted in accordance with Article 55, adopt additional measures to this end.

Amendment 60

Proposal for a regulation

Article 8

Text proposed by the Commission

Amendment

Technical measures may include the following:

Technical measures shall include some or all of the following:

(a) mesh sizes and rules concerning the use of fishing gears;

(a) mesh sizes and rules concerning the use of fishing gears or additional devices;

(b) restrictions on the construction of fishing gear, including

(b) restrictions on the construction of fishing gear, including

i) modifications or additional devices to improve selectivity or to reduce impact on the benthic zone;

i) modifications or additional devices to improve selectivity or to reduce impact on the benthic zone;

ii) modifications or additional devices to reduce the incidental capture of endangered, threatened and protected species;

ii) modifications or additional devices to reduce the incidental capture of endangered, threatened and protected species;

(c) prohibitions of the use of certain fishing gears in certain areas or seasons;

(c) prohibitions of the use of certain fishing gears, technical equipment or types of vessels in certain areas or seasons;

(d) prohibition or restriction of fishing activities in certain zones and/or periods;

(d) prohibition or restriction of fishing activities in certain zones and/or periods;

 

(da) actions intended to minimise and, where possible, eliminate by-catch, and protect the benthic zone and the sea-floor;

(e) requirements for fishing vessels to cease operating in an area for a defined minimum period in order to protect a temporary aggregation of a vulnerable marine resource;

(e) requirements for fishing vessels to cease operating in an area for a defined minimum period in order to protect a temporary aggregation of a vulnerable marine resource;

(f) specific measures to reduce the impact of fishing activities on marine eco-systems and non target species;

(f) specific measures to reduce the impact of fishing activities on marine eco-systems and non-target species, and to reduce the discard of fishing gear, litter associated with basic fish processing, and other forms of pollution;

(g) other technical measures aimed at protecting marine biodiversity.

(g) other technical measures aimed at protecting marine biodiversity and marine ecosystems.

Amendment  61

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

The Commission shall ensure that the measures mentioned in paragraph 1 are taken in due time. If the measures are unduly delayed or do not sufficiently contribute to the conservation of marine biological resources or marine ecosystems, it shall, by means of delegated acts adopted in accordance with Article 55, adopt such measures.

Amendment  62

Proposal for a regulation

Article 8 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

If a Member State fails to achieve the outcomes that the measures introduced in accordance with this Article are designed to attain, this shall result in the interruption or suspension of financial assistance given to that Member State under the Common Fisheries Policy. This shall be proportionate to the nature, extent, duration and repetition of the non compliance.

Amendment 63

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. Multiannual plans providing for conservation measures to maintain or restore fish stocks above levels capable of producing maximum sustainable yield shall be established as a priority.

1. The European Parliament and the Council, acting under the ordinary legislative procedure, shall adopt multiannual plans for all harvested species providing for conservation measures and other means to meet the objectives of the Common Fisheries Policy, and in particular to maintain or restore fish stocks above levels capable of producing maximum sustainable yield, as a priority, and within five years of entry into force of this Regulation.

 

1a. From the date when a multiannual plan is proposed by the Commission no increase in fishing opportunities for the fisheries concerned shall be agreed until such time as it is adopted.

Amendment  64

Proposal for a regulation

Article 9 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. Where, despite targeted measures to achieve stock recovery, the target of maintaining or restoring fish stocks above levels capable of producing maximum sustainable yield by 2015 cannot be reached for one or more stocks:

 

(a) owing to data gaps, proxy standards in accordance with Commission Decision 2010/477/EU of 1 September 2010 on criteria and methodological standards on good environmental status of marine waters for Directive 2008/56/EC may be adopted and fishing mortality shall be further reduced on a precautionary basis. Member States and the Commission shall evaluate and address research and knowledge barriers to ensure that additional information will become available as soon as possible.

 

(b) owing to the severe depletion of the stock, additional management measures shall be introduced in the context of multiannual plans, including but not limited to a further reduction in fishing mortality, closed areas and closed seasons, with a view to restore and maintain population above levels capable of producing the maximum sustainable yield as fast as biologically possible and by 2020 at the latest. 

 

(c) owing to the mixed nature of the fishery, the management shall be guided by the scientific advice relating to the most vulnerable target species in terms of their spawning stock biomass, age and size distribution and other relevant descriptors.

Amendment 65

Proposal for a regulation

Article 9 – paragraph 2 – points ba and bb (new)

Text proposed by the Commission

Amendment

 

(ba) measures to provide for data collection sufficient to enable accurate scientific assessments of harvested species;

 

(bb) measures for the restoration and maintenance of good environmental status in accordance with Directive 2008/56/EC.

Amendment 66

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

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.

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 the wider marine environment.

 

3a. In the case of mixed fisheries particular account shall be taken of scientific advice relating to the most vulnerable species.

Amendment 67

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

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 and all quantified sources of uncertainty in a scientifically valid manner.

4. Multiannual plans shall be based on the precautionary principle with regard to fisheries management, and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner, and the absence of adequate scientific data shall not be used to justify delay in the introduction of conservation measures that may be necessary to meet the objectives of the Common Fisheries Policy.

 

4a. In the absence of data, proxy standards may be adopted in a scientifically valid manner and in accordance with Commission Decision 2010/477/EU.

 

4b. Multiannual plans shall be reviewed triannually, in consultation with stakeholders, to assess progress made towards reaching their objectives;

 

4c. Where there is reasoned concern about delay in achieving targets, the Commission shall be empowered to adopt delegated acts, in accordance with Article 55, introducing such conservation and technical measures as may be necessary.

 

4d. If failure to achieve progress towards meeting the objectives of a multiannual plan can be attributed to one or more Member States, the Commission shall be empowered to suspend financial assistance to these Member States.

Amendment 68

Proposal for a regulation

Article 9 – paragraph 4 e (new)

Text proposed by the Commission

Amendment

 

4e. In the period prior to adoption or renewal of multiannual plans, all parties shall comply with the objectives and principles of this Article and of Article 10.

Amendment 69

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. Multiannual plans shall provide for adaptations of the fishing mortality rate, resulting in a fishing mortality rate that restores and maintains all stocks above levels capable of producing maximum sustainable yield by 2015.

1. Multiannual plans shall provide for adaptations of the fishing mortality rate, resulting in a fishing mortality rate that restores and maintains all stocks above levels capable of producing maximum sustainable yield by 2015, and, where biologically possible, above levels capable of producing maximum economic yield by 2020;

 

1a. Total allowable catches and quotas of any species in any one year, or part of year, shall not exceed a level necessary to achieve the objective mentioned in paragraph 1.

Amendment  70

Proposal for a regulation

Article 10 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. Multiannual plans shall aim to eliminate unwanted and unauthorised catches of commercial and non-commercial stocks.

Amendment 71

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2. In cases where the determination of a fishing mortality rate that restores and maintains stocks above levels capable of producing maximum sustainable yield is not possible, multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks.

2. In cases where the determination of a fishing mortality rate consistent with paragraph 1 is not possible, multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks and shall set a target of the earliest biologically possible date for the achievement of stock levels above maximum sustainable yield.

 

2a. Multiannual plans shall take full account of legislative requirements to maintain and restore the marine ecosystem.

Amendment 72

Proposal for a regulation

Article 11 – point c to point j

Text proposed by the Commission

Amendment

(c) quantifiable targets expressed in terms of:

(c) quantifiable targets expressed in terms of:

i) fishing mortality rates, and/or

i) fishing mortality rates, and

ii) spawning stock biomass, and

ii) spawning stock biomass,

 

(iia) age and size distribution; and

iii) stability of catches;

iii) stability of catches;

(d) clear time frames to reach the quantifiable targets;

(d) clear time frames to reach the quantifiable targets;

(e) technical measures including measures concerning the elimination of unwanted catches;

(e) technical measures including measures concerning the elimination of unwanted catches;

 

(ea) measures to protect the species listed in Annexes II and IV of Directive 92/43/EEC and Directive 2009/147/EC from the impacts of fishing activities;

(f) quantifiable indicators for periodic monitoring and assessment of the progress related to achieving the targets of the multiannual plan;

(f) quantifiable indicators for periodic monitoring and assessment of the progress related to achieving the targets of the multiannual plan;

(g) specific measures and objectives for the freshwater part of the life cycle of anadromous and catadromous species;

(g) specific measures and objectives for the freshwater part of the life cycle of anadromous and catadromous species;

 

(ga) targets relating to other living aquatic resources and the maintenance or improvement of the conservation status of marine eco-systems;

(h) minimisation of impacts of fishing on the eco-system;

(h) minimisation of impacts of fishing on the eco-system;

(i) safeguards and criteria activating those safeguards;

(i) safeguards, criteria activating those safeguards and annual reporting on their activation, providing details on what precautionary measures were taken and assessments of their effectiveness;

 

(ia) measures to restore and maintain the functioning of food webs adversely affected by fishing activities;

 

(ib) an assessment of the fleet capacity and environmental impact of fishing activities, including any consequences for biodiversity and the marine environment and, if that assessment reveals an adverse impact, a plan to address that adverse impact and minimise such consequences;

(j) any other measures suitable to achieve the objectives of multiannual plans.

(j) any other measures suitable to achieve the objectives of multiannual plans;

 

(ja) non-compliance penalty procedures that are proportionate, dissuasive and effective.

Amendment 73

Proposal for a regulation

Article 11 – paragraph 1a (new)

Text proposed by the Commission

Amendment

 (a) 

In accordance with point b of Article 4, the quantifiable targets referred to in point c of subparagraph 1 of this Article, , shall be based on and shall comply with the best available scientific advice or, in the absence of such advice, shall be based on the precautionary approach, and shall remain within the limits that can be considered, on the basis of scientifically valid approach, to ensure the attainment and maintenance of stocks above levels capable of producing maximum sustainable yield in accordance with Article 10(1).

Justification

The amendment has been drafted with the assistance of Parliament's legal services. It is intended to ensure that multiannual plans provide the basis for meeting the objectives of this Regulation, and that the requirements they impose cannot be altered except to a marginal degree by the Council when it meets annually to set TACS and quotas.

Amendment 74

Proposal for a regulation

Article 12 – paragraph 1 and 1a, 1b (new)

Text proposed by the Commission

Amendment

1. In special areas of conservation within the meaning of 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, 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 conservation.

1. In protected areas within the meaning of 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, fishing activities shall be conducted by Member States in such a way so as to prevent the deterioration of natural habitats and the disturbance of the species for which the areas have been designated, with the goal to achieve a favourable conservation status;

 

1a. Member States shall take non-discriminatory measures for the purpose of complying with paragraph 1 and must notify the Commission, other Member States and the Regional Advisory Council prior to the entry into force of such measures.

 

1b. All actions taken by the Union and by Member States under the Common Fisheries Policy shall be in full compliance with the Aarhus Convention on Access to Information.

Amendment  75

Proposal for a regulation

Article 12 – paragraph 2

Text proposed by the Commission

Amendment

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.

2. Subject to any right of a Member State to ensure the application of Directive 1992/43/EEC, Directive 2009/147/EC and Directive 2008/56/EC, and in cases where the Member States fail to take the actions required under paragraph 1, the Commission shall be empowered to adopt delegated acts in accordance with Article 55, to specify fishing related measures to prevent any significant impact of fishing in protected areas referred to in Article 12(1), including in the event that the responsible Member State fails to notify measures in accordance with paragraph 1 and 1a and in the event of evidence of a deterioration or continued poor conservation status of the site as a result of fishing activities.

Justification

The Commission shall be provided with powers to adopt measures in the absence of Member State action and in the event of a reasoned opinion of the Commission that identifies the threat of deterioration of the conservation status of the site. This is consistent with other proposals in the Commission proposal, such as paragraph 1 of Article 20.

Amendment 76

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. On the basis of evidence 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 measures to