Procedure : 2017/0056(COD)
Document stages in plenary
Document selected : A8-0377/2017

Texts tabled :

A8-0377/2017

Debates :

PV 15/01/2018 - 14
CRE 15/01/2018 - 14

Votes :

PV 16/01/2018 - 5.1
CRE 16/01/2018 - 5.1
PV 29/05/2018 - 7.11

Texts adopted :

P8_TA(2018)0001

REPORT     ***I
PDF 604kWORD 93k
27 November 2017
PE 604.541v02-00 A8-0377/2017

on the proposal for a regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO)

(COM(2017)0128 – C8-0121/2017 – 2017/0056(COD))

Committee on Fisheries

Rapporteur: Linnéa Engström

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO)

(COM(2017)0128 – C8-0121/2017 – 2017/0056(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0128),

–  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 (C8-0121/2017),

–  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 31 May 2017(1),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Fisheries (A8-0377/2017),

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

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

Amendment    1

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(7 a)  When implementing the conservation and management measures adopted by SPRFMO, the Union and Member States should endeavour to promote coastal fishing activities and the use of fishing gear and techniques which are selective and have a reduced environmental impact, including gear and techniques used in traditional and artisanal fisheries, thereby contributing to a fair standard of living for local economies.

Justification

Adaptation from recent ICCAT Regulation.

Amendment    2

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Regulation lays down management, conservation and control provisions relating to fishing for straddling species in the Convention Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO).

This Regulation lays down management, conservation and control provisions relating to fishing for straddling fish stocks in the Convention Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO).

Justification

Use of the correct term following the UN Fish Stocks Agreement

Amendment    3

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  Third country fishing vessels upon requesting access or being the object of an inspection in Union ports and carrying fishery products harvested in the SPRFMO Convention Area.

(c)  Third country fishing vessels upon requesting access to, or being the object of an inspection in, Union ports and carrying fishery products harvested in the SPRFMO Convention Area.

Justification

Clarification of the meaning.

Amendment    4

Proposal for a regulation

Article 3 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

(1)  ‘SPRFMO Convention Area’ means the high seas geographical area south of 10° N, north of the CCAMLR Convention Area as defined in the Convention on the Conservation of Antarctic Marine Living Resources, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries Agreement, and west of the areas of fisheries jurisdictions of South American States;

(1)  ‘SPRFMO Convention Area’ means the geographical area marked out in Article 5 of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean;

Amendment    5

Proposal for a regulation

Article 3 – paragraph 1 – point 2

Text proposed by the Commission

Amendment

(2)  ‘fishing vessel’ means any vessel of any size used or intended for use for the purposes of commercial exploitation of fishery resources, including support ships, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, except container vessels;

(2)  ‘fishing vessel’ means any vessel used or intended for fishing, including fish processing vessels, support ships, carrier vessels and any other vessel directly engaged in fishing operations;

Justification

Use of the definition from the SPRFMO Convention. The proposal used the definition from the IUU Regulation. There are different definitions of fishing vessels in IUU Regulation, Control Regulation and Basic Regulation.

Amendment    6

Proposal for a regulation

Article 3 – paragraph 1 – point 7

Text proposed by the Commission

Amendment

(7)  ‘bottom fishing footprint’ means the spatial extent of bottom fishing during a defined period of time in the SPRFMO Convention Area;

(7)  ‘bottom fishing footprint’ means the spatial extent of bottom fishing in the SPRFMO Convention Area during the period 1 January 2002 to 31 December 2006;

Justification

There is a need to be consistent with the terms of CMM 03-2017 Paragraph 6.

Amendment    7

Proposal for a regulation

Article 3 – paragraph 1 – point 10

Text proposed by the Commission

Amendment

(10)  ‘established fishery’ means a fishery that has not been closed and that has been subject to fishing or has been subject to fishing with a particular gear type or technique in the previous ten years;

deleted

Justification

This term does not appear elsewhere in the Proposal and it leads to confusion.

Amendment    8

Proposal for a regulation

Article 3 – paragraph 1 – point 10 a (new)

Text proposed by the Commission

Amendment

 

(10 a)  ‘large-scale pelagic driftnets’ (drift gillnets) means a gillnet or other net, or a combination of nets, which is more than 2,5 kilometres in length the purpose of which is to enmesh, entrap or entangle fish by drifting on the surface or in the water.

Justification

SPRFMO CMM 08-2013 bans large-scale driftnets and this definition, from the CMM, accompanies a new Article 17(bis) proposed to that effect.

Amendment    9

Proposal for a regulation

Article 3 – paragraph 1 – point 10 b (new)

Text proposed by the Commission

Amendment

 

(10 b)  ‘deepwater gillnets’ (trammel net, set nets, anchored nets, sink nets) means strings of single, double or triple netting walls, held vertically, on or near the bottom, in which fish will gill, entangle or enmesh. Deepwater gillnets consist of single or, less commonly, double or triple netting mounted together on the same frame ropes. Several types of nets may be combined in one gear. Those nets can be used either alone or, as is more usual, in large numbers placed in line (‘fleets’ of nets). The gear can be set, anchored to the bottom or left drifting, free or connected with the vessel.

Justification

SPRFMO CMM 08-2013 bans deepwater gillnets and this definition, from the CMM, accompanies a new Article 17(bis) proposed to that effect.

Amendment    10

Proposal for a regulation

Article 3 – paragraph 1 – point 11

Text proposed by the Commission

Amendment

(11)  ‘IUU fishing activities’ means any illegal, unreported or unregulated fishing activity as defined in Article 2 of Regulation (EC) No 1005/2008;

(11)  ‘IUU fishing’ means fishing activities defined in point 1 of Article 2 of Regulation (EC) No 1005/2008;

Justification

"IUU fishing" is the correct term from Regulation (EC) No 1005/2008, instead of "IUU fishing activities".

Amendment    11

Proposal for a regulation

Article 3 – paragraph 1 – point 16

Text proposed by the Commission

Amendment

(16)  ‘vulnerable marine ecosystem’ means any marine ecosystem whose integrity is, according to the best scientific information available and to the precautionary principle, threatened by significant adverse impacts resulting from physical contact with bottom gears in the normal course of fishing operations, including, inter alia, reefs, seamounts, hydrothermal vents, cold water corals or cold water sponge beds.

(16)  ‘vulnerable marine ecosystem’ means any marine ecosystem whose integrity (i.e. ecosystem structure or function) is, according to the best scientific information available and to the precautionary principle, threatened by significant adverse impacts resulting from physical contact with bottom gears in the normal course of fishing operations, including, inter alia, reefs, seamounts, hydrothermal vents, cold water corals or cold water sponge beds.

Justification

There is a need to complete the definition from Regulation (EC) No 734/2008.

Amendment    12

Proposal for a regulation

Article 6 a (new)

Text proposed by the Commission

Amendment

 

Article 6a

 

Allocation of fishing opportunities for jack mackerel

 

In accordance with Article 17 of Regulation (EU) No 1380/2013, when allocating the fishing opportunities for jack mackerel stocks available to them, Member States shall use transparent and objective criteria, including those of an environmental, social and economic nature, and shall also endeavour to distribute national quotas fairly among the various fleet segments giving special consideration to traditional and artisanal fishing, and to provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact.

Justification

Adaptation from recent ICCAT Regulation.

Amendment    13

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

6.  Union fishing vessels shall be prohibited from discharging offal during shooting and hauling. Where this is not feasible, vessels shall batch waste for two hours or longer.

6.  Union fishing vessels shall be prohibited from discharging offal during shooting and hauling. Where this is not feasible and when it is necessary to discharge biological waste due to operational safety concerns, vessels shall batch waste for two hours or longer.

Justification

Wording from the footnote to CMM 09-2017 Para 1(a)

Amendment  14

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

4.  Union fishing vessels shall be prohibited from discharging offal during shooting and hauling.

4.  Where possible, Union fishing vessels shall be prohibited from discharging offal during shooting and hauling.

Justification

The EC proposal goes beyond the recommendation adopted by the SPRFMO. It is necessary to stick to the text included in the conservation measures approved by the regional organisation.

Amendment    15

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission

Amendment

5.  Union fishing vessels shall convert offal into fish meal and retain all waste material with any discharge restricted to liquid discharge/sump water. Where this is not feasible, fishing vessels shall batch waste for two hours or longer.

5.  Where possible and appropriate, Union fishing vessels shall convert offal into fish meal and retain all waste material with any discharge restricted to liquid discharge/sump water. Where this is not feasible, fishing vessels shall batch waste for two hours or longer.

Justification

The EC proposal goes beyond the recommendation adopted by the SPRFMO. It is necessary to stick to the text included in the conservation measures approved by the regional organisation.

Amendment    16

Proposal for a regulation

Article 8 – paragraph 6

Text proposed by the Commission

Amendment

6.  Nets shall be cleaned after every fishing operation to remove entangled fish and benthic material to discourage interactions with birds during gear deployment.

6.  Where possible, nets shall be cleaned after every fishing operation to remove entangled fish and benthic material to discourage interactions with birds during gear deployment.

Justification

The EC proposal goes beyond the recommendation adopted by the SPRFMO. It is necessary to stick to the text included in the conservation measures approved by the regional organisation.

Amendment    17

Proposal for a regulation

Article 9 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  any observed seabird interaction data.

Justification

The EC proposal omits the recommendation adopted by the SPRFMO. It is necessary to stick to the text included in the conservation measures approved by the regional organisation.

Amendment    18

Proposal for a regulation

Article 10 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  the average catch level over the period 1 January 2002 to 31 December 2006;

(b)  the average annual catch level over the period 1 January 2002 to 31 December 2006;

Justification

Clarification.

Amendment    19

Proposal for a regulation

Title 3 – Chapter II a (new)

Text proposed by the Commission

Amendment

 

Chapter II a

 

Gillnets

Justification

This measure is contained in CMM 08-2013 and needs to be transposed into Union law.

Amendment    20

Proposal for a regulation

Article 17 a (new)

Text proposed by the Commission

Amendment

 

Article 17 a

 

Gillnets

 

1.   The use of large-scale pelagic driftnets and all deepwater gillnets is prohibited throughout the SPRFMO Convention Area.

 

2.   Flag Member States whose vessels seek to transit the SPRFMO Convention Area with gillnets on board shall:

 

(a)   give at least 36 hours advance notice to the SPRFMO Secretariat prior to entering the SPRFMO Convention Area, including the expected entry and exit dates and length of gillnet carried on board;

 

(b)   ensure their vessels operate a vessel monitoring system (VMS) polling once every two hours while in the SPRFMO Convention Area;

 

(c)   submit VMS position reports to the SPRFMO Secretariat within 30 days of the vessel leaving the SPRFMO Convention Area; and

 

(d)   if gillnets are accidentally lost or fall overboard from the vessel, report the date, time, position and length (metres) of gillnets lost to the SPRFMO Secretariat as soon as possible and in any event within 48 hours of the gear being lost.

Justification

This measure is contained in CMM 08-2013 and needs to be transposed into Union law.

Amendment    21

Proposal for a regulation

Article 18 – paragraph 5

Text proposed by the Commission

Amendment

5.  Notwithstanding Article 15(1) of Regulation (EU) No 1380/2013, Union fishing vessels not included in the SPRFMO Record of vessels shall not be permitted to engage in fishing activities for species harvested in the SPRFMO Convention Area.

5.  Notwithstanding Article 15(1) of Regulation (EU) No 1380/2013, Union fishing vessels not included in the SPRFMO Record of vessels shall not be permitted to engage in fishing activities for species under the responsibility of the SPRFMO in the Convention Area.

Justification

Clearer wording.

Amendment    22

Proposal for a regulation

Article 19 – paragraph 4

Text proposed by the Commission

Amendment

4.  This Article shall be without prejudice of Articles 21 and 22 of Regulation (EC) No 1224/2009 and Article 4 (3) and (4) of Regulation (EC) No 1005/2008.

4.  This Article shall be without prejudice to Articles 21 and 22 of Regulation (EC) No 1224/2009 and Article 4(3) and (4) of Regulation (EC) No 1005/2008.

Justification

Clearer wording.

Amendment    23

Proposal for a regulation

Article 25 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  designate a point of contact for the purposes of transmitting inspection reports pursuant to Article 11(3) of Council Regulation (EC) 1005/2008.

(c)  designate a point of contact for the purposes of receiving inspection reports pursuant to Article 11(3) of Council Regulation (EC) 1005/2008.

Justification

Correction to align with wording of CMM 07-2017 Para 5.

Amendment    24

Proposal for a regulation

Article 30 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall submit to the Commission any documented information that indicates possible instances of non-compliance by any fishing vessel with SPRFMO conservation and management measures in the SPRFMO Convention Area over the past two years at least 120 days in advance of the annual meeting. The Commission shall examine that information and, if appropriate, forward it to the SPRFMO Secretariat at least 90 days in advance of the annual meeting.

Member States shall submit to the Commission any documented information that indicates possible instances of non-compliance by any fishing vessel with SPRFMO conservation and management measures in the SPRFMO Convention Area over the past two years at least 150 days in advance of the annual meeting. The Commission shall examine that information and, if appropriate, forward it to the SPRFMO Secretariat at least 120 days in advance of the annual meeting.

Justification

The Commission needs to have enough time to respect the deadlines in CMM 07-2017 Para 2.

Amendment    25

Proposal for a regulation

Article 30 a – paragraph 2

Text proposed by the Commission

Amendment

2.  The authorities of a fishing vessel flagged to a Member State notified by the Commission of its inclusion in the Draft IUU Vessel List shall notify the vessel owner of its inclusion in the Draft SPRFMO IUU Vessel List and of the consequences that may result from its inclusion being confirmed in the IUU Vessel List adopted by the SPRFMO.

2.  When the Commission is notified that a vessel flagged to a Member State is included in the draft SPRFMO IUU vessel list, the Commission shall notify the authorities of the Member State concerned to that effect, which shall in turn notify the vessel owner of its inclusion in the Draft SPRFMO IUU Vessel List and of the consequences that may result from its inclusion being confirmed in the IUU Vessel List adopted by the SPRFMO.

Justification

Clearer wording

Amendment    26

Proposal for a regulation

Article 32 c – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  Position date and time (UTC);

(e)  Position (latitude and longitude), date and time (UTC);

Justification

The proposal wording is unclear.

(1)

Not yet published in the Official Journal


EXPLANATORY STATEMENT

The South Pacific Regional Fisheries Management Organisation (SPRFMO) is a recent organisation, established to complement the WCPFC and I-ATTC, and is responsible for the management of fisheries for non-highly migratory species. The proposal from the Commission aims to transpose the various Conservation and Management Measures (CMM) that have been adopted so far, of which there are 15 to date, covering a range of matters from IUU fishing to measures to reduce seabird mortality and exploratory fishing.

The SPRFMO entered into force on 24 August 2012. Those who are interested in the procedure up to that point are referred to the report by Carmen Fraga on the accession of the EU (A7-0274/2011). At present, there are 15 Contracting Parties and two Cooperating Non-Contracting Parties (Liberia, Panama). Belize was a CPC for a few years but withdrew in May 2016.

The SPRFMO website gives a good summary of fishing activities in this vast region of the planet:

“Commercial fisheries tend to have been concentrated in areas of higher productivity where there is upwelling of nutrients, often associated with seamounts and ridges.Seamounts and ridges are also the only places shallow enough to bottom fish. Although there are numerous seamount and ridge systems in the South Pacific high seas, only the prominent appear to have been fished to any extent: the Lord Howe Rise, the South Tasman Rise, and the Louisville Ridge. There are closely related fish species, and species in common, across all these features.

“South Pacific high seas fisheries can be categorised into benthic (mainly invertebrate species that live on the seafloor), demersal (mainly fish, close to the seafloor), and pelagic (mainly fish and prawns, at the surface and in the midwater). Commercial fishing for benthic and demersal species is restricted to a depth of about 1500 m. Dominant demersal finfish fished commercially include orange roughy, oreos, alfonsino, and bluenose. Pelagic fishing takes place irrespective of depth, but tends to be associated with upwelling of nutrients. The dominant pelagic species fished commercially is jack mackerel.

“Fishing methods currently used include purse seining, pelagic trawling, bottom trawling, pelagic longlining, bottom longlining and potting.”

The EU’s primary activity in the region is pelagic trawling, targeting jack mackerel, with catches going back to 1979. More recent activity, after a period of no fishing, began in 2005 with modest catches of less than 10% of the total. Vessels from four Member States are involved in this fishery, though all are associated with a single company.

Significant catches of deep sea species were also taken in the years leading up to 2010.

The current status of the jack mackerel stock was analysed by the Scientific Committee, which concluded that fishing mortality was below the level of F-MSY while the biomass was below the level capable of producing MSY (B-MSY). It recommended maintaining catches for 2017 and 2018 below 493.000 tonnes - the 2017 TAC is 443.000 tonnes, of which the EU share is 30.115 tonnes.

COM Proposal

A detailed examination of the CMMs and comparison with the proposal reveals that, by and large, the Commission proposal does a comprehensive transposition of the CMMs that have been adopted. Certain provisions adopted by the SPRFMO already exist in the CFP, for such matters as VMS, certain control provisions, etc and these are, obviously, not repeated in the proposal. Nonetheless, a few amendments are proposed, some of them quite minor but others of more significance.

Many CMMs have procedural deadlines for the Contracting Parties to provide information. These require internal deadlines for the EU procedures and which these have usually be well done, a few additions are proposed.

The definition of the SPRFMO Convention Area is not correct as it appears in the proposal. Further looking has shown that it has not been correctly transposed in the TAC and Quota Regulation either. Based on advice from our Legal Service, the simplest solution is to delete the definition and use only the reference to the Convention Area in Article 2(a) on the scope.

The definition of “fishing vessel” is also at odds with the definition in the SPRFMO Convention. It turns out that the CFP has many different definitions of “fishing vessel” for reasons that are not always clear. Consider only three acts, all of them globally applicable - IUU Reg. of 2008, Control Reg. of 2009, Basic Reg. of 2013. Each one has a different definition. In its proposal, the Commission chose the definition from the IUU Reg. but this differs from the definition in the SPRFMO Convention. So, again based on advice from the Legal Service, an amendment is included to adopt the definition in the SPRFMO Convention.

CMM 08-2013 imposes a total prohibition on the use of both large-scale pelagic driftnets and all deepwater gillnets. The Commission did not transpose this measure, possibly as there are no Union vessels using gillnets at present. The prohibition on deepwater gillnets is not reflected elsewhere in the CFP. But since it is an international obligation, it should be transposed into EU law, along with the associated gear definitions.

Finally, the SPRFMO has adopted many necessary restrictions on operations (both trawling and longlining) to prevent seabird capture. This is commendable, as the EU Action Plan on Seabirds draws attention to the large mortality rates that seabirds experience in fisheries around the world. CCAMLR is reported to have reduced its longline seabird mortality by over 90% by relatively simple and effective technical adaptations of the gear and fishing practices. Similarly effective measures to prevent seabird mortality need to be used in the SPRFMO, as well as other ocean areas. The EU commitment to best practice requires nothing less.


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO)

References

COM(2017)0128 – C8-0121/2017 – 2017/0056(COD)

Date submitted to Parliament

29.3.2017

 

 

 

Committee responsible

       Date announced in plenary

PECH

3.4.2017

 

 

 

Committees asked for opinions

       Date announced in plenary

DEVE

3.4.2017

ENVI

3.4.2017

REGI

3.4.2017

 

Not delivering opinions

       Date of decision

DEVE

30.5.2017

REGI

29.5.2017

 

 

Rapporteurs

       Date appointed

Linnéa Engström

27.4.2017

 

 

 

Discussed in committee

21.6.2017

25.9.2017

 

 

Date adopted

21.11.2017

 

 

 

Result of final vote

+:

–:

0:

24

2

0

Members present for the final vote

Marco Affronte, Clara Eugenia Aguilera García, Renata Briano, Alain Cadec, David Coburn, Richard Corbett, Diane Dodds, Linnéa Engström, Mike Hookem, Ian Hudghton, Carlos Iturgaiz, Werner Kuhn, António Marinho e Pinto, Gabriel Mato, Norica Nicolai, Liadh Ní Riada, Ulrike Rodust, Remo Sernagiotto, Ricardo Serrão Santos, Isabelle Thomas, Ruža Tomašić, Peter van Dalen, Jarosław Wałęsa

Substitutes present for the final vote

France Jamet, Verónica Lope Fontagné, Maria Lidia Senra Rodríguez

Date tabled

27.11.2017


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

24

+

ALDE Group

António Marinho e Pinto, Norica Nicolai,

ECR Group

Remo Sernagiotto, Ruža Tomašić, Peter van Dalen

ENF Group

France Jamet

GUE/NGL Group

Liadh Ní Riada, Maria Lidia Senra Rodríguez

NI

Diane Dodds

PPE Group

Alain Cadec, Werner Kuhn, Verónica Lope Fontagné, Gabriel Mato, Francisco José Millán Mon, Jarosław Wałęsa

S&D Group

Clara Eugenia Aguilera García, Renata Briano, Richard Corbett, Ulrike Rodust, Ricardo Serrão Santos, Isabelle Thomas

Verts/ALE Group

Marco Affronte, Linnéa Engström, Ian Hudghton

2

-

EFDD Group

David Coburn, Mike Hookem

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

Last updated: 12 December 2017Legal notice