(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2004)0497)(1),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0212/2004),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries and the opinions of the Committee on Regional Development, the Committee on Budgetary Control and the Committee on Budgets (A6-0217/2005),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Specifies that the appropriations indicated in the proposal for a regulation are purely indicative until agreement is reached on the financial perspective for the period relating to 2007 and the following years;

4.  Calls on the Commission to confirm, once the next financial perspective has been adopted, the amounts indicated in the proposal for a regulation or, should the case arise, to submit the adjusted amounts for approval by the European Parliament and the Council, thereby ensuring their compatibility with the ceilings;

5.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

6.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

7.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 4 (4)  Under Article 33(2) of the Treaty account must be taken of the particular nature of the activity which results from the social structure of the sector and from structural and natural disparities between the various regions involved in fishing activities; (4)  Under Article 33(2) of the Treaty account must be taken of the particular nature of the activity which results from the social structure of the sector and from structural, natural and geographical disparities between the various regions involved in fishing activities; Amendment 3 Recital 9 (9)  The activity of the Fund and the operations it helps finance should be compatible with the other Community policies and comply with all Community legislation; (9)  The activity of the Fund and the operations it helps finance should be compatible with the other Community policies and comply with all Community legislation such as the Financial Regulation and its implementing measures; Amendment 4 Recital 10 (10)  Action by the Community should be complementary to that carried out by the Member states or seek to contribute to it and in order to ensure significant added value, partnership should be strengthened. This concerns the regional and local authorities, the other competent authorities, including those responsible for the environment and for the promotion of equality between men and women, the economic and social partners and other competent bodies. The partners concerned should be involved in the preparation, monitoring and evaluation of assistance; (10)  Action by the Community should be complementary to that carried out by the Member States or seek to contribute to it, and, in order to ensure significant added value, partnership should be strengthened. This concerns the regional and local authorities, the other competent authorities, including those responsible for the environment and for the promotion of non-discrimination including equality between men and women, the economic and social partners and other competent bodies. The partners concerned should be involved in the preparation, monitoring and evaluation of assistance; Amendment 5 Recital 13 (13)  Under Article 274 of the Treaty, Member States are to cooperate with the Commission to ensure compliance with the principles of sound financial management. To that end this Regulation specifies the conditions allowing the Commission to exercise its responsibilities for the execution of the general budget of the European Communities; (13)  Under Article 274 of the Treaty, Member States are to cooperate with the Commission to ensure compliance with the principles of sound financial management. To that end this Regulation specifies the conditions allowing the Commission to exercise its responsibilities for the execution of the general budget of the European Communities under the scrutiny of the European Parliament in its budgetary authority capacity; Amendment 6 Recital 24 (24)  The need to provide accompanying measures for CFP, in particular, reducing its socio-economic impact by implementing a coastal zone development policy; (24)  There is a need to provide accompanying measures for CFP, in particular, reducing its socio-economic impact by implementing a coastal zone development policy with the aim of diversifying economic activities and providing sustainable employment; Amendment 7 Recital 29 (29)  The Community fleet should be reduced in order to adapt it to the available and accessible resources ; (29)  Continuing efforts should be made to adapt the Community fleet to the available and accessible resources when this is necessary for achieving a balance as regards resources and ensuring the viability of the fleet itself; Amendment 8 Recital 29 a (new) (29a) For this reason it is necessary to establish a genuine harmonised register of Community fishing vessels for all Member States, by fleet segment and by State, with an indication of capacity and power. Such a register must be precise, transparent and reliable, and all Member States should consequently adopt the same criteria for measuring the capacity and power of their vessels, under the Commission's supervision; Amendment 9 Recital 29 b (new) (29b) Transfers of Community fishing vessels to third countries should, besides contributing to the reduction of capacity in Community waters, also contribute to the strengthening of sustainable fisheries outside Community waters; Amendment 10 Recital 30 (30)  Socio-economic accompanying measures will be needed to implement the restructuring of the fishing fleets; (30)  Socio-economic accompanying measures will be needed to implement the adjustment of the fishing fleets to the resources recorded in the areas targeted by the fleets concerned; Amendment 11 Recital 33 (33)  Detailed rules should be laid down for granting aid to aquaculture, processing and marketing of fisheries and aquaculture products, while ensuring that these sectors retain economic viability; for this purpose, it is necessary to identify a limited number of priority objectives for assistance and to focus the structural aid on micro and small enterprises; (33)  Detailed rules should be laid down for granting aid to aquaculture, processing and marketing of fisheries and aquaculture products, while ensuring that these sectors retain economic viability; Amendment 12 Recital 35 (35)  By way of technical assistance the Fund should provide support for evaluations, studies, pilot projects and exchanges of experience in order to promote innovative approaches and practices for simple and transparent implementation; (35)  By way of technical assistance the Fund should provide support for evaluations, studies, pilot projects, experimental fishing campaigns and exchanges of experience in order to promote innovative approaches and practices for simple and transparent implementation; Amendment 13 Recital 37 (37)  The effectiveness and impact of the operations of the Structural Funds also depend on improved and more thorough evaluation. The responsibilities of the Member States and the Commission in this regard and arrangements to ensure the reliability of evaluation should be laid down; (37)  The effectiveness and impact of the operations of the Structural Funds also depend on improved and more thorough evaluation and transparency. The responsibilities of the Member States and the Commission in this regard and arrangements to ensure the reliability and public availability of evaluation should be laid down; Amendment 14 Recital 53 (53)  Council Regulation (EC) No 1260/1999 of 21 June 1999 and (EC) N° 2792/1999 of 17 December 1999 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products as well as other provisions should be repealed. However, for the proper execution of assistance, operations and projects approved up to 31 December 2006, the repealed provisions should remain applicable to that end. (53)  Council Regulation (EC) No 1263/1999 of 21 June 1999 and (EC) No 2792/1999 of 17 December 1999 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products as well as other provisions should be repealed. However, for the proper execution of assistance, operations and projects committed up to 31 December 2006 and financed up to 31 December 2008, the repealed provisions should remain applicable to that end. Amendment 15 Article 1 This Regulation establishes a European Fisheries Fund (hereinafter referred to as "the Fund") and defines the framework for Community support for the sustainable development of the fisheries sector and coastal fisheries zones. This Regulation establishes a European Fisheries and Aquaculture Fund (hereinafter referred to as "the Fund") and defines the framework for Community support for the sustainable economic, social and environmental development of the fisheries sector, aquaculture and coastal fisheries zones. Amendment 16 Article 3, point (e) (e) "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; the organisms remain the property of a natural or legal person throughout the rearing or culture stage, up to and including harvesting ; (e) "aquaculture including "vallicoltura" (fish-farming in Italian lagoons) and shellfish-breeding", 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; it should be supported only in so far as it is not detrimental to the environment; the organisms remain the property of a natural or legal person throughout the rearing or culture stage, up to and including harvesting; Amendment 17 Article 3, point (f) (f) "micro and small enterprise" means a micro or small enterprise as defined in Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises; deleted Amendment 18 Article 4, point (b) (b) promote a sustainable balance between resources and the capacity of the Community fleet; (b) promote the renewal and modernisation of the fishing fleet, provided that the sustainable balance between resources and the fishing effort and economic viability of the Community fleet is secured in order to ensure the highest possible level of supply of the Community market; Amendment 19 Article 4, point (b a) (new) (ba) foster the sustainable development of aquaculture production; Amendment 20 Article 4, point (d) (d) foster the protection of the environment and natural resources; (d) foster the protection and enhancement of living natural resources and the environment when these are connected with the fisheries sector and aquaculture; Amendment 21 Article 4, point (f a) (new) (fa) promote more favourable treatment for the outermost regions, taking account of Article 299 of the Treaty. Amendment 22 Article 5 Support for the fisheries sector shall be provided by a European Fisheries Fund (hereafter called the Fund or EFF). The measures implemented under this Regulation shall contribute to attaining the general objectives set out in Article 33 of the Treaty and the objectives defined as part of the common fisheries policy (CFP). They shall accompany and supplement, where necessary, the other Community instruments and policies. Support for the fisheries and aquaculture sector shall be provided by a European Fisheries and Aquaculture Fund (hereafter called the Fund or EFAF). The measures implemented under this Regulation shall contribute to attaining the general objectives set out in Article 33 of the Treaty and the objectives defined as part of the common fisheries policy (CFP). They shall accompany and supplement, where necessary, the other Community instruments and policies. Amendment 23 Article 6, paragraph 4 4.  Operations financed by the Fund shall not contribute directly or indirectly to increasing fishing effort. 4.  Operations financed by the Fund shall not contribute directly or indirectly to increasing fishing effort in areas where there is a manifest danger of overfishing. Resources from the Fund shall also not be used to promote an increase in fishing effort in respect of species for which quotas have been set or other provisions made or whose stocks do not lie within biologically secure parameters. However, funding of fisheries measures relating to clearly underexploited species shall be permitted. Amendment 24 Article 11, paragraph 2 The Member States shall ensure that operations to enhance the role of women in the fisheries sector are promoted. The Member States shall ensure that operations to enhance the role of women in the fisheries sector, including efforts on a transnational level, are promoted. Amendment 25 Article 13 The Commission shall make indicative breakdowns by Member State of the commitment appropriations available for the programming period 2007 to 2013, while separating out the share contributing to the Convergence objective, using the following objective criteria: the size of the fisheries sector in the Member State, the scale of adjustment need to the fishing effort, the level of employment in the fishing sector and the continuity of measures in hand. The Commission shall make indicative breakdowns by Member State of the commitment appropriations available for the programming period 2007 to 2013, while separating out the share contributing to the Convergence objective, using the following objective criteria: the size of the fisheries sector in the Member State, the scale of adjustment needed to the fishing effort, the level of employment in the fishing sector and the continuity of measures in hand, as well as the impact of the fishing industry on the economic and social fabric. Amendment 26 Article 15, paragraph 1 1.  Within three months following the adoption of the strategic guidelines, before submitting the operational programme, each Member State shall adopt a national strategic plan covering the fisheries sector. 1.  Within six months following the adoption of the strategic guidelines, before submitting the operational programme, each Member State shall adopt a national strategic plan covering the fisheries and aquaculture sector. Amendment 27 Article 15, paragraph 4, point (a) (a) the reduction of fishing effort and capacity and identifying the resources and deadlines for attaining the target for the fishery and fleet concerned; (a) the adaptation of fishing effort and capacity and identifying the resources and deadlines for attaining the target for the fishery and fleet concerned; Amendment 28 Article 15, paragraph 4, point (b) (b) the development of the aquaculture sector and the processing and marketing industry; (b) the sustainable development of the aquaculture sector and the processing and marketing industry; Amendment 29 Article 15, paragraph 4, point (d) (d) the fisheries product supply strategy and the development of fishing activities outside the Community waters ; (d) the fisheries product supply strategy and fishing activities outside the Community waters, giving due attention to the status of fish stocks ; Amendment 30 Article 15, paragraph 4, point (e a) (new) (ea) the protection of the environment and aquatic biological resources. Amendment 31 Article 15, paragraph 4 a (new) 4a. The national strategic plans shall be made public after their approval by the Commission. Amendment 32 Article 18, paragraph 2, subparagraph 2, point (d a) (new) (da) an action plan to prevent fraud and irregularities. Amendment 33 Article 20, paragraph 4 4.  The Commission shall approve each operational programme at the latest five months after it has been submitted formally by the Member State provided the operational programme is drawn up in accordance with Article 18. 4.  The Commission shall approve each operational programme at the latest five months after it has been submitted formally by the Member State provided the operational programme is drawn up in accordance with Article 18. It shall be made public. Amendment 34 Article 23, point (a), indent 5 - national plans for exit from the fleet with a maximum duration of two years as part of the obligations laid down in Articles 11 to 16 of Regulation (EC) No 2371/2002 on the adjustment of the capacity of the Community fishing fleet. - national plans for exit from the fleet with a maximum duration of the programming period as part of the obligations laid down in Articles 11 to 16 of Regulation (EC) No 2371/2002 on the adjustment of the capacity of the Community fishing fleet. Amendment 35 Article 23, point (a) , indent 5 a (new) - implementation of protection zones including temporal or spatial closures, restricted activity in certain areas or no-take zones. Amendment 36 Article 24, paragraph 1 1.  Each Member State shall lay down in its strategic national plan its policy for adjusting fishing effort. It shall accord priority to the financing of the operations referred to in Article 23 (a) first indent. 1.  Each Member State shall lay down in its strategic national plan its policy for adjusting fishing effort. It shall accord priority to the financing of the operations referred to in Article 23. Amendment 37 Article 24, paragraph 2 2.  National fishing effort adjustment plans provided for in Article 23 (a) first indent shall include measures for the permanent cessation of fishing activities in accordance with the provisions of Article 25. 2.  National fishing effort adjustment plans provided for in Article 23 (a) first indent may include measures for the permanent cessation of fishing activities in accordance with the provisions of Article 25. Amendment 38 Article 24, paragraph 6, subparagraph 1 6.  The duration of the national fishing effort adjustment plans referred to in Article 23 (a) shall not exceed two years. 6.  Member States shall submit the national fishing effort adjustment plans referred to in Article 23 (a) at any time during the applicable EFAF period which shall not exceed a programming period of five years. Amendment 39 Article 24, paragraph 6, subparagraph 2 In the cases provided for in Article 23 (a), first, second and fourth indent, the national plans shall be adopted by the Member States within two months following the date of the Council or Commission decision. In the cases provided for in Article 23 (a), first, second and fourth indent, the national plans shall be adopted by the Member States within six months following the date of the Council or Commission decision. Amendment 40 Article 24, paragraph 6, subparagraph 3 In the cases provided for in Article 23 (a), third indent, the Member States shall adopt the restructuring plans for the vessels and fishermen affected within two months following the notification from the Commission. In the cases provided for in Article 23 (a), third indent, the Member States shall adopt the restructuring plans for the vessels and fishermen affected within six months following the notification from the Commission. Amendment 41 Article 25, paragraph 1, subparagraph 1 1.  The Fund shall provide assistance for the part-financing of the permanent cessation of fishing activities of vessels provided it forms part of a fishing effort adjustment plan referred to in Article 23 (a). The definitive cessation of fishing activities of a vessel may be achieved only by the scrapping of the vessel or its re-assignment for non-profit making purposes. 1.  The Fund shall provide assistance for the part-financing of the permanent cessation of fishing activities of vessels provided it forms part of a fishing effort adjustment plan referred to in Article 23 (a) or following a decision to voluntarily cease fishing activity leading to a reduction in fishing capacity. The definitive cessation of fishing activities of a vessel may be achieved only by the scrapping of the vessel or its re-assignment for non-fishing activities, the creation of joint enterprises or exportation for purposes other than fishing. In the last case, the participation rate shown in group 1 of the table in Annex II shall be reduced by 50%. Amendment 42 Article 25, paragraph 2, subparagraph 2 The Member States may also set the level of public aids taking into account the best cost/effectiveness ratio on the basis of one or more of the following objective criteria: The Member States may also set the level of public aids taking into account the best cost/effectiveness ratio on the basis of the following objective criterion: (a) the price of the fishing vessel recorded on the national market or its insurance value; (b) the turnover of the vessel; (c) the age of the vessel and its tonnage or engine power expressed in GT or kW respectively. (c) the age of the vessel and its tonnage or engine power expressed in GT or kW respectively. Amendment 43 Article 26, paragraph 1, subparagraph 1 1.  In the context of the fishing effort adjustment plans referred to in Article 23 (a), first, second and fourth indent, the Fund may contribute to the financing of aid measures for the temporary cessation of fishing activities for fishermen and the owners of vessels for a maximum period of one year, which may be extended by a year. 1.  In the context of the fishing effort adjustment plans referred to in Article 23 (a), first, second, third and fourth indent, the Fund may contribute to the financing of aid measures for the temporary cessation of fishing activities for fishermen and the owners of vessels for a minimum period of three months and a maximum of two years in any programming period. Amendment 44 Article 26, paragraph 1, subparagraph 2 These temporary cessation measures shall accompany a fishing effort adjustment plan ensuring within two years a permanent reduction in capacity equal at least to the reduction in fishing effort resulting from the temporary cessation. deleted Amendment 45 Article 26, paragraph 4 a (new) 4a. Member States may introduce one-off compensation for owners of vessels and fishermen in the context of marine resource protection plans such as Natura 2000 if this results in a reduction in fishing capacity. Amendments 46 and 47 Article 27, paragraph 1, point (a) (a) provided for in Article 11(5) of Regulation (EC) No 2371/2002; (a) making for adaptations that enhance on-board safety, living and working conditions and, in general, the welfare of workers on board vessels, including engine replacement. Aid shall only be granted for the replacement of engines where this is for reasons of safety, fuel economy, or greater environmental friendliness, and on condition there is no increase in fishing capacity; Amendments 48, 55 and 57 Article 27, paragraph 1, point (aa) (new) (aa) enabling the use of more selective and environment-friendly techniques in order to avoid unwanted by-catches and improve the quality and safety of catches stored on board as well as working and safety conditions. Amendment 49 Article 27, paragraph 1, point (b) (b) making it possible for catches to be kept on board the discarding of which is no longer authorised; (b) making it possible for catches to be kept on board the discarding of which is no longer authorised, and also for the by-products of onboard catch handling to be kept on board; Amendment 50 Article 27, paragraph 1, point (b a) (new) (ba) for vessels which require an engine replacement for reasons of safety or in order to reduce the environmental impact; Amendment 52 Article 27, paragraph 1, point (c a) (new) (ca) for fleet renewal aimed at the replacement of vessels with an overall length of less than 12 metres. Vessels older than 20 years which are not operating safely shall also be eligible for replacement; Amendment 54 Article 27, paragraph 1, point (d a) (new) (da) to reduce energy consumption. Amendment 56 Article 27, paragraph 1, point (d b) (new) (db) to take greater account of the environmental impact of fishing, particularly by reducing the emission of pollutants by the vessel concerned. Amendment 58 Article 27, paragraph 2 2.  The Fund may contribute to the financing of investments to achieve the selectivity of fishing gear provided that the vessel concerned is affected by a recovery plan referred to in Article 23(a), first indent, is changing fishing method, and is leaving the fishery concerned to go to another fishery where the state of the resource makes fishing possible and that the investment only concerns the first replacement of the fishing gear. 2.  The Fund may contribute to the financing of investments to achieve the selectivity of fishing gear provided that the vessel concerned is changing fishing method, and is leaving the fishery concerned to go to another fishery where the state of the resource makes fishing possible and that the investment only concerns the first replacement of the fishing gear. Amendment 59 Article 27, paragraph 2 a (new) 2a. The Fund shall make provision for the modernisation of all categories of fishing vessel, including their engines for safety reasons and on condition that the power of the new engine does not exceed that of the old one. Amendment 60 Article 27a 1.  For the purposes of this Article, "small-scale coastal fishing" means fishing carried on by fishing vessels of an overall length of less than 12 metres and not using towed gear as listed in table 2, Annex I of Commission Regulation (EC) No 26/2004 of 30 December 2003 regarding the fishing vessels register of the Community. 1.  For the purposes of this Article, "small-scale coastal fishing" means fishing carried on by fishing vessels of an overall length of less than 12 metres and not using towed gear as listed in table 3, Annex I of Commission Regulation (EC) No 26/2004 of 30 December 2003 regarding the fishing vessels register of the Community. 2.  Where the Fund provides financing for measures under Article 27 of this Regulation in favour of small-scale coastal fishing the private financial participation rate shown in group 2 of the table in Annex II shall be reduced by 20%. 2.  Where the Fund provides financing for measures under Article 26 of this Regulation in favour of small-scale coastal fishing, the private financial participation rate shown in group 2 of the table in Annex II shall be reduced by 20%. 3.  Where the Fund provides financing for measures under Article 28 of this Regulation the rates shown in group 3 of Annex II shall be applied. 3.  Where the Fund provides financing for measures under Article 27 of this Regulation the rates shown in group 3 of Annex II shall apply. 4.  The Fund may contribute to the payment of premiums for fishermen and vessel owners involved in small-scale coastal fishing in order to: 4.  The Fund may contribute to the payment of premiums for fishermen and vessel owners involved in small-scale coastal fishing in order to: -  Improve management and control of access conditions to certain fishing areas; -  Improve management and control of access conditions to certain fishing areas; -  Promote the organisation of the production, processing and marketing chain of fisheries products; -  Promote the organisation of the production, processing and marketing chain of fisheries products; -  Promote voluntary steps to reduce fishing effort for the conservation of resources; -  Encourage voluntary steps to reduce fishing effort for the conservation of resources; -  Use technological innovations (more selective fishing techniques which go beyond the relevant regulatory requirements) that do not increase fishing effort; -  Encourage the use of technological innovations (more selective fishing techniques which go beyond the regulatory requirements applicable) that do not increase fishing effort. Public aid shall be granted for fleet renewal aimed, among other things, at the use of more selective techniques and of vessel monitoring systems, and at improving safety on board, working conditions and health conditions, on condition that it does not increase the fishing effort; –  Introduce biodegradable fishing equipment in specially protected sea areas, with provision for telemedical assistance; -  Ensure the renewal of the small-scale coastal fishing fleet, where it is shown that fleet entry/exit is managed in such a way that capacity does not exceed the targets set in Regulation (EC) No 2371/2002. The rates laid down in group 3 of the table of Annex II of this Regulation shall be applied. The rates laid down in group 3 of the table of Annex II of this Regulation shall apply. Amendment 61 Article 27a, paragraph 4 a (new) 4a. Replacement of the vessel and engine for reasons of safety, environmental protection and fuel economy should be eligible provided no increase in capacity is entailed. Amendment 62 Article 27 b (new) Article 27 b Public aid for renewal and modernisation of the fleet in the outermost regions Public aid may be granted for renewal and modernisation of the fleet in the outermost regions. Member States shall submit to the Commission for approval a permanent fleet monitoring and modernisation scheme demonstrating that fleet entry/exit is managed in such a way that capacity does not exceed the targets set in Regulation (EC) No 639/2004. The rates laid down in Group 3 of the table in Annex II of this Regulation shall apply. Amendment 63 Article 28, paragraph 1, introductory part 1.  The Fund may contribute to the financing of socio-economic measures proposed by the Member States for fishermen affected by developments in fishing and which involve: 1.  The Fund shall contribute to the financing of socio-economic measures proposed by the Member States for fishermen affected by developments in fishing and which involve: Amendment 64 Article 28, paragraph 1, point (a) (a) the diversification of activities with a view to promoting multiple jobs for people actively employed in the fishing sector; (a) the diversification of activities with a view to promoting multiple jobs including different types of fishing-related tourism, for people actively employed in the fishing sector; Amendment 65 Article 28, paragraph 1, point (b a) (new) (ba) training courses on safety at sea, training in the workplace and course and study exchanges for everyone working in the fishing industry in the Member States; Amendment 66 Article 28, paragraph 1, point (c a) (new) (ca) a reduction of the impact of provisional bans on fishing; Amendment 67 Article 28, paragraph 1, point (c b) (new) (cb) loss of a job on a vessel to which permanent decommissioning measures apply. Amendment 68 Article 28, paragraph 2 2.  The Fund may also contribute to the financing of training measures and training incentives for young fishermen who wish to become owners of a fishing vessel for the first time. 2.  The Fund may also contribute to the financing of: (a) individual premiums for fishermen under the age of 35 who can prove that they have worked as a fisherman for at least five years or have equivalent vocational training and who are becoming owners or part-owners of a second-hand fishing vessel for the first time; (b) training measures and training incentives for young fishermen who wish to become owners of a fishing vessel for the first time. Amendment 69 Article 28, paragraph 2 a (new) 2a. The Fund may grant contributions in the form of lump-sum premiums for crews of vessels affected by the permanent withdrawal from activity. Amendment 70 Article 28 a (new) Article 28a Aid for the renewal and modernisation of the fishing fleet that does not result in an increase in capacity In order to qualify for aid for the renewal and modernisation of the fleet, Member States must comply with all the requirements and objectives of the national and Community reference levels for the fleet and submit to on-going monitoring by the Commission. Member States shall demonstrate that fleet entries and exits are managed in such a way that capacity does not exceed the annual national and Community objectives laid down and that a relationship is being maintained between entries and exits such that there is no increase whatsoever in capacity. A Community Register of Vessels shall be established which is harmonised across the Member States, with an indication of capacity and power measured using identical criteria, and which can easily be accessed for the purposes of monitoring, which shall be carried out by the Commission. Amendment 71 Article 28 b (new) Article 28b Aid for the conducting of experimental campaigns The Fund may cofinance measures proposed by Member States concerning the conducting of experimental campaigns at sea aimed at pinpointing new fishing grounds and species. Amendment 72 Article 28 c (new) Article 28c Aid for the constitution of joint enterprises with Third States The Fund shall contribute to the financing of national measures for the definitive transfer of vessels to a third country through the creation of a joint enterprise, subject to the agreement of the competent authorities of the country concerned and provided that the following conditions are fulfilled: (a) that the third country to which the vessel is being transferred is not a candidate country; (b) that the transfer entails a reduction in fishing effort in respect of the resources previously exploited by the vessel transferred; (c) that the third country is not a flag of convenience state or one that tolerates IUU (Illegal, Undocumented and Unregulated) fishing and, therefore, is one which carefully manages and conserves its resources and offers a guarantee of genuine fishing possibilities. In the case of a definitive transfer to a third country, the vessel must immediately be entered in the register of that third country and shall be permanently prohibited from returning to Community waters. Amendment 73 Article 29, paragraph 2 2.  Such investments may cover the construction, extension, equipment and modernisation of production installations, in particular with a view to improving conditions relating to hygiene, human or animal health and product quality, or reducing negative impact on the environment. Transfer of the ownership of a business shall not be eligible for Community aid. 2.  Such investments may cover all parts of the production chain including the construction of new installations, and the extension, equipment and modernisation of existing production installations and mussel dredgers, in particular with a view to increasing the production of species with good market prospects and improving conditions relating to hygiene, human or animal health, the working and safety conditions of aquaculture workers and product quality, from the time of supply to the market onwards, and the reduction of negative impact on the environment. Transfer of the ownership of a business shall not be eligible for Community aid. Amendment 74 Article 29, paragraph 4 4.  The Fund shall not assist investments aimed at increasing the production of products which do not find normal market outlets or which could have adverse effects on the policy for conservation of fishing resources. 4.  The Fund shall solely provide assistance to investments which offer sufficient guarantees of technical and financial viability and which do not generate excess production capacities or have adverse effects on the policy for the marketing of resources. This policy shall also apply to industrially-fished species which are processed into fish-feed. Amendment 75 Article 29, paragraph 5 5.  Aid shall not be granted to projects as provided for in Annex II to Directive 85/337/EEC in respect of which the information laid down in Annex IV to that Directive has not been provided. 5.  Aid may only be granted to projects as provided for in Annex II to Directive 85/337/EEC when the information laid down in Annex IV to that Directive has been provided. Amendment 76 Article 30, paragraph 1, point (a) (a) diversification towards new species and production of species with good market prospects; (a) diversification towards new species, new rearing methods and production of species with good market prospects and sustainable ecological production prerequisites in terms of energy and fish protein requirements; Amendment 77 Article 30, paragraph 1, point (a a) (new) (aa) guaranteeing the supply of the Community market and helping to improve the balance of trade on that market; Amendment 78 Article 30, paragraph 1, point (b) (b) implementation of breeding methods substantially reducing environmental impact when compared with normal practice in the fisheries sector; b) implementation of breeding methods substantially reducing environmental impact; Amendment 79 Article 30, paragraph 1, point (b a) (new) (ba) agreements to improve the working environment; Amendment 80 Article 30, paragraph 1, point (d) (d) measures of common interest relating to aquaculture as provided for in Chapter III of this Title and vocational training; deleted Amendment 81 Article 30, paragraph 1, point (f a) (new) (fa) promotion and pinpointing of new marketing outlets. Amendment 82 Article 30, paragraph 2 2.  Investment aid shall be reserved for micro and small businesses. deleted Amendment 84 Article 31, paragraph 2, point (c a) (new) (ca) the re-establishment of production potential of aquaculture when damaged by natural or industrial disasters . Amendment 85 Article 31, paragraph 3 3.  In order to receive grants under this Article, promoters of projects must commit themselves to aqua-environmental requirements for a minimum of five years which go beyond the mere application of normal good aquaculture practice. The benefits of such commitments must be demonstrated by an ex ante impact assessment to be conducted by a body designated by the Member State. 3.  In order to receive grants under this Article, promoters of projects must commit themselves to aqua-environmental requirements for a minimum of five years which go beyond the mere application of normal good aquaculture practice. Amendment 86 Article 31, paragraph 3 a (new) 3a. Inland fishing (fishery activities carried out for commercial purposes by vessels operating exclusively in inland waters of the territory of Member States) shall be eligible for grants and reconstruction aid as are the replacement and modernisation of vessels used for this type of fishing. In addition it must be possible to draw on the Fund to assist the implementation of measures to restore eel stocks. Amendment 87 Article 31, paragraph 4, introductory part 4.  The maximum annual amount of public aid granted as compensation for an aqua-environmental undertaking shall be defined each year by the Member State in its operational programme on the basis of the following criteria: 4.  Member States shall calculate compensation on the basis of one or more of the following criteria: Amendment 88 Article 31, paragraph 4 a (new) 4a. Exceptional compensation may be granted: - in accordance with paragraph 2, point (a), on the basis of a maximum quantity per hectare of area occupied by the enterprise to which aqua-environmental requirements apply; - in accordance with paragraph 2, point (c), during a maximum period of two years starting from the date the enterprise converts to ecological production. Amendment 89 Article 32, point (a), introductory part (a) in granting shellfish farmers compensation for the temporary suspension of farmed mollusc harvesting. The maximum duration for which compensation may be granted shall be six months over the entire period 2007-2013. The compensation may be granted where contamination of molluscs owing to the proliferation of toxin-producing plankton or the presence of plankton containing biotoxins entails, for public health protection purposes, suspension of the harvest: (a) in granting shellfish farmers compensation for production losses arising from the temporary suspension of farmed mollusc harvesting. The maximum duration for which compensation may be granted shall be twelve months over the entire period 2007-2013. The compensation may be granted where contamination of molluscs owing to the proliferation of toxin-producing plankton or the presence of plankton containing biotoxins entails, for public health protection purposes, suspension of the harvest: Amendment 90 Article 32, point (a), indent 1 - for more than four month consecutively or; - for a maximum of three months consecutively, or Amendment 91 Article 32, point (a), indent 2 – where the loss suffered as a result of suspension of the harvest amounts to more than 35% of the annual turnover of the business concerned, calculated on the basis of the average turnover of the business over the preceding three years. – where the loss suffered as a result of suspension of the harvest amounts to more than 30% of the annual turnover of the business concerned, calculated on the basis of the average turnover of the business over the preceding three years. Amendment 92 Article 33, paragraph 1 1.  The Fund may support, under the specific strategies to be included in the national strategic plans, investments in processing for direct human consumption and in the marketing of fishery and aquaculture products. This aid is restricted to micro and small enterprises. 1.  The Fund may support, under the specific strategies to be included in the national strategic plans, investments in processing for direct human consumption and in the marketing of fishery and aquaculture products. Amendment 93 Article 33, paragraph 2 2.  Such investments may cover the construction, extension, equipment and modernisation of businesses, in particular with a view to improving conditions relating to hygiene, human or animal health and product quality, or reducing negative impact on the environment. Transfer of the ownership of a business shall not be eligible for Community aid. 2.  Such investments may cover the construction, extension, equipment and modernisation of businesses, with a view, inter alia, to improving conditions relating to hygiene, human or animal health and food safety, traceability, product quality and innovation, or to reducing negative impact on the environment. Transfer of the ownership of a business shall not be eligible for Community aid. Amendment 94 Article 34, paragraph 1 1.  The Fund shall assist investments in the field of processing and marketing for the construction, extension, fitting out and modernisation of firms. 1.  The Fund shall assist investments in the field of processing and marketing for the construction, extension, fitting out and modernisation of firms. The investments shall offer sufficient guarantees of technical and financial viability. Amendment 95 Article 34, paragraph 2, introductory part 2.  Investment under the paragraph 1 shall contribute to preserving or increasing employment in the fisheries sector and to achieving one or more of the following objectives: 2.  Investment under paragraph 1 shall contribute to sustainable development in the fisheries and aquaculture sector or to achieving one or more of the following objectives: Amendment 96 Article 34, paragraph 2, point (b a) (new) (ba) the production of high-quality products for highly specialised markets; Amendment 97 Article 34, paragraph 2, point (d) (d) helping to improve the use of little-used species, by-products and waste; (d) helping to improve the use of by-products and waste; Amendment 98 Article 34, paragraph 2, point (e) (e) applying new technologies, or developing e-commerce; (e) applying new technologies, innovative forms of product presentation or developing e-commerce; Amendment 99 Article 34, paragraph 2, point (f) (f) marketing products mainly originating in landings from the local fleet. (f) marketing products that are innovative or of greater added value preferably originating in landings from the local fleet or from aquaculture. Amendment 100 Article 34, paragraph 2, point (f a) (new) (fa) contributing to the diversification and development of new processed fish and aquaculture products. Amendment 101 Article 34, paragraph 2, point (f b) (new) (fb) marketing new products which stimulate diversification of the industry. Amendment 102 Article 36, introductory part The fund shall support collective actions which aim to: The fund shall support collective actions which aim in particular to: Amendment 103 Article 36, point (b) (b) involve collective investments in the development of breeding sites, in waste treatment or in the purchase of production, processing or marketing equipment or (b) involve collective investments in the development of breeding sites, in improving production conditions or working conditions, in measures contributing to environmental protection or in the purchase of production, processing or marketing equipment or Amendment 104 Article 36, point (d a) (new) (da) compensate for the specific disadvantages of investments located in Natura 2000 areas, Amendment 105 Article 36, point (d b) (new) (db) finance research campaigns (scientific, experimental and monitoring), socio-economic studies on the impact of recovery measures and scientific advice to the sector, Amendment 106 Article 36, point (d c) (new) (dc) remove lost or abandoned fishing gears on the seabed to reduce ghost fishing, Amendment 107 Article 36, subparagraph (d d) (new) (dd) conduct evaluation studies on the socio-economic impact of stock recovery plans, Amendment 108 Article 36, point (d e) (new) (de) provide adequate support for collection and processing of ecological data, Amendment 109 Article 36, point (d f) (new) (df) implement product traceability provisions by means of technical measures and training and advisory schemes for operators in the sector, Amendment 110 Article 36, point (d g) (new) (dg) promote experimental and exploratory fishing, Amendment 111 Article 36, point (d h) (new) (dh) provide aid for groups of fishermen and professional organisations who are ready to share responsibility for the application of the CFP (co-management). Amendment 112 Article 37, paragraph 1 1.  The Fund may assist actions of collective interest intended to protect and develop aquatic fauna, excluding direct restocking. The actions must contribute to enhancing the aquatic environment. 1.  The Fund may assist actions of collective interest intended to protect and develop aquatic resources, excluding direct restocking except for restocking in inland waters for the purpose of reintroducing or supporting highly migratory fish. The actions must contribute to restoring and enhancing the aquatic environment and can include those taken under Natura 2000 programmes that have a fisheries component, and to the rehabilitation of areas impoverished as a result of aquaculture activities. Amendment 113 Article 37, paragraph 2 2.  These actions shall relate to the installation of static or mobile installations intended to protect and develop aquatic fauna or to rehabilitate inland waterways, including spawning grounds and migration routes for migratory species. 2.  These actions shall relate to the installation of static or mobile installations intended to protect and develop aquatic fauna or to rehabilitate inland waterways, including spawning grounds and migration routes for migratory species, and to the rehabilitation of areas impoverished as a result of aquaculture activities. Amendment 114 Article 38, paragraph 2, point a a (new) (aa) improving the processing of waste and litter; Amendment 115 Article 39, paragraph 3, introductory part 3.  The investments shall relate to: 3.  The investments shall relate as a priority to: Amendment 116 Article 39, paragraph 3, point (a) (a) conducting national and transnational promotion campaigns; (a) conducting national and transnational promotion campaigns, organising and participating in trade fairs, shows and exhibitions and holding partnership meetings; Amendment 117 Article 39, paragraph 3, point (d) (d) promotion of products obtained using methods with low impact on the environment ; (d) certification and promotion of products obtained using methods with low impact on the environment ; Amendment 118 Article 39, paragraph 3, point (f) (f) quality certification; (f) quality assurance, control and certification; Amendment 119 Article 39, paragraph 3, point (g) (g) labelling, including the labelling of products caught using environmentally friendly fishing methods; (g) labelling and traceability, including the labelling of products caught using environmentally friendly fishing methods; Amendment 120 Article 39, paragraph 3, point (i) (i) implementation of market surveys. (i) implementation of market surveys and research. Amendment 121 Article 39, paragraph 3, point (i a) (new) (ia) the promotion of the image of the sector ; Amendment 122 Article 39, paragraph 3, point (i b) (new) (ib) the promotion of specific campaigns which encourage production benefiting from an official quality label. Amendment 123 Article 39, paragraph 3 a (new) 3a. Member States may promote the formation and facilitate the operation of recognised producer organisations in compliance with the provisions of Regulation (EC) No 3759/92. Amendment 124 Article 40, paragraph 1 1.  The Fund may support pilot projects aimed at acquiring and disseminating new technical knowledge and carried out by an economic operator, a recognised trade association or any other competent body designated for that purpose by the Managing authority, in partnership with a scientific or technical body. 1.  The Fund may support pilot projects aimed at training, research and acquiring and disseminating new technical knowledge and at experimental scientific research campaigns at sea for the pinpointing of new fishing grounds and species, which are carried out by an economic operator, a recognised trade association or any other competent body designated for that purpose by the Managing authority, in partnership with a scientific or technical body. Amendment 125 Article 40, paragraph 2, point (a) (a) test, under near-actual conditions in the production sector, the technical or financial viability of an innovative technology with the aim of acquiring and disseminating technical or financial knowledge of the technology tested ; (a) test, under near-actual conditions in the production sector, the technical or financial viability of an innovative technology, including those aimed at improving gear selectivity or otherwise reducing the environmental impact of fishing or reducing the energy consumption of fishing activities, with the aim of acquiring and disseminating technical or financial knowledge of the technology tested ; Amendment 127 Article 40, paragraph 2, point (b a) (new) (ba) include programmes for the reduction of bycatch and other environmental impacts. Amendment 126 Article 40, paragraph 2 a (new) 2a. Experimental fishing projects shall be eligible for aid as pilot projects provided that they are tied to an objective of conserving fisheries resources and provide for application of more selective techniques. Amendment 128 Article 41, paragraph 1 The Fund may support the modification of fishing vessels for exclusively training or research purposes in the fisheries sector by public or semi-public bodies, under the flag of a Member State. The Fund may support the construction or modification of fishing vessels for exclusively training or research purposes in the fisheries sector by public or semi-public bodies, or other training or research establishments or organisations, which may be private but are non-profit-making, specified by the management authority, under the flag of a Member State. Amendment 129 Article 41, paragraph 2 The Fund may support actions to reassign a fishing vessel permanently to non profit-making activities outside professional fishing. The Fund may support actions to reassign a fishing vessel permanently to activities outside professional fishing. Amendment 130 Article 41 a (new) Article 41a Flanking measures in support of equal opportunities 1.  The Fund may finance flanking measures to promote equality between men and women and the mainstreaming of gender equality into the activities of the enterprise. 2.  To benefit from this aid, project promoters must present a plan for the mainstreaming of equal opportunities into the management of the enterprise's activities, and undertake to apply and maintain this for a minimum period of five years (financing of this aid shall be under Group 3, Annex II). Amendment 131 Article 41 b (new) Article 41b Financial engineering The Fund may contribute, subject to the ceilings laid down in Title VI, to putting in place financial engineering mechanisms to adapt fishing capacity in the sector in disadvantaged regions of Union. Amendment 132 Chapter IV, title PRORITY AXIS 4: SUSTAINABLE DEVELOPMENT OF COASTAL FISHING AREAS PRIORITY AXIS 4: SUSTAINABLE DEVELOPMENT OF FISHING AND AQUACULTURE AREAS Amendment 133 Article 42, paragraph 1 1.  The Fund shall provide assistance, in addition to the other Community instruments, for the sustainable development and improvement of the quality of life of coastal fishing areas eligible as part of an overall strategy which seeks to support the implementation of the objectives of the common fisheries policy, in particular taking account of its socio-economic consequences. 1.  The Fund shall provide assistance, in addition to the other Community instruments, for the sustainable development and improvement of the quality of life of fishing areas - particularly in peripheral coastal areas - eligible as part of an overall strategy which seeks to support the implementation of the objectives of the common fisheries policy, in particular taking account of its socio-economic consequences. Amendment 135 Article 42, paragraph 3, subparagraph 2 A fisheries coastal area is generally smaller than NUTS III, with a sea or lake shore, or including a river estuary which has links with fisheries. The area should be reasonably be coherent from a geographical and oceanographical, economic and social view point. A fisheries and aquaculture area is identified as one with a sea or lake shore, or including a river estuary, which has links with fisheries or aquaculture. The area should be reasonably coherent from a geographical and oceanographical, economic and social viewpoint. Amendment 136 Article 42, paragraph 3, subparagraph 3 The area should have low population density shall, a significant level of employment in the fisheries sector, fishing shall be in decline, and there shall be no municipality with more than 100 000 inhabitants. deleted Amendment 137 Article 43, paragraph 1, introductory part 1.  Support for the sustainable development of coastal fishing areas may be granted for: 1.  Support for the sustainable development of fishing and aquaculture areas may be granted for: Amendment 138 Article 43, paragraph 1, point (a) (a) restructuring and re-directing economic activities, in particular by promoting green tourism, provided these actions do not result in an increase in fishing effort; (a) restructuring and re-directing economic activities, in particular by promoting fisheries tourism, provided these actions do not result in an increase in fishing effort; Amendment 139 Article 43, paragraph 1, point (b) (b) diversifying activities through the promotion of multiple employment for people actively employed in the fisheries sector, through the creation of additional or replacement jobs outside the fisheries sector ; (b) diversifying activities through the promotion of multiple employment for people actively employed in the fisheries or aquaculture sector, through the creation of additional or replacement jobs outside the fisheries sector ; Amendment 141 Article 43, paragraph 1, point (d) (d) supporting slam fisheries related installation and promoting tourist activities; (d) supporting small fisheries related installation and promoting fishing tourism activities; Amendment 142 Article 43, paragraph 2 2.  The Fund may finance, on a secondary basis, up to a maximum of 15% of the axis involved, measures to promote and improve professional skills, worker adaptability and access to employment, particularly to women, provided that these measures are an integral part of a sustainable development strategy for coastal areas and that they have a direct link with the measures described in the first paragraph. 2.  The Fund may finance, on a subsidiary basis, up to a maximum of 20% of the axis involved, measures to promote and improve professional skills, worker adaptability and access to employment, particularly to women, provided that these measures are an integral part of a sustainable development strategy for fishing and aquaculture areas and that they have a direct link with the measures described in the first paragraph. Amendment 143 Article 43, paragraph 3 3.  Support granted under paragraph 1 may not involve the renewal or modernisation of fishing vessels. deleted Amendment 144 Article 43, paragraph 4 4.  Beneficiaries of support provided for in points (a) and (b) of the first paragraph and paragraph 2 of this Article should be either persons employed in the fisheries sector or persons with a job dependant on the sector. 4.  Beneficiaries of support provided for in points (a) and (b) of the first paragraph and paragraph 2 of this Article should be either persons employed in the fisheries or aquaculture sector or persons with a job dependent on these sectors. Amendment 145 Article 43, paragraph 5 5.  If a measure under this Article is also eligible under another Community support instrument, the Member State shall make clear in drawing up its programme whether it is supported by the Fund or by another Community support instrument. 5.  If a measure under this Article is also eligible under another Community support instrument, the Member State shall make clear in drawing up its programme whether it is supported by the Fund or by another Community support instrument, and take account of the need for synergy with other funds such as the ERDF in order to meet the objectives to be set out in the Green Paper on Maritime Strategy. Amendment 146 Article 43, paragraph 5 a (new) 5 a. Financing support should concern investment on board vessels to improve security, working conditions, hygiene and product quality and investments to improve fishing selectivity. Amendment 147 Article 44, title Participation in the sustainable development for coastal fishing areas Participation in the sustainable development of fishing and aquaculture areas Amendment 148 Article 44, paragraph 1 1.  Actions to assist sustainable development of coastal fishing areas shall be implemented on a given territory by a group of local public or private partners set up for this purpose, hereafter called the "coastal action group" (CAG). Each CAG, established in accordance with the law of the Member State concerned, shall be selected transparently following a public call for proposals. 1.  Actions to assist sustainable development of fishing and aquaculture areas shall be implemented on a given territory by local public or semi-public bodies or by a group of local public or private partners set up for this purpose, hereafter called the "coastal action group" (CAG). Each CAG, established in accordance with the law of the Member State concerned, shall be selected transparently following a public call for proposals. Amendment 149 Article 44, paragraph 2 2.  Operation carried out on the initiative of CAGs shall be the responsibility of the private sector for a least two third of the projects. deleted Amendment 150 Article 45, paragraph 1, subparagraph 2, point (g a) (new) (ga) socio-economic studies relating to the drastic impact of stock recovery measures and directly linked to the implementation of the programme. Amendment 151 Article 54, paragraph 4, point (a) (a)  VAT (a)  VAT which is reimbursable by whatever means; Amendment 152 Article 56, paragraph 1, point (i a) (new) (ia) effective recovery procedures. Amendment 153 Article 58, paragraph 1, point (j a) (new) (ja) ensuring the recovery of any amounts of Community funds found to have been unduly paid as a result of irregularities detected, together with interest where appropriate, keeping an account of amounts recoverable, and repaying to the Commission amounts recovered by deduction from the next statement of expenditure. Amendment 154 Article 59, point 6 6. ensuring the recovery of any amounts of Community funds found to have been unduly paid as a result of irregularities detected, together with interest where appropriate, keeping an account of amounts recoverable, and repaying to the Commission amounts recovered by deduction from the next statement of expenditure where possible. deleted Amendment 155 Article 65, paragraph 4 a (new) 4a. The annual reports and the final report shall be made public. Amendment 156 Article 74 Interim payments and payments of the balance shall be calculated by applying the co-financing rate for each priority to public expenditure certified under that priority on the basis of a statement of expenditure certified by the authority responsible for certification. Interim payments and payments of the balance shall be calculated by applying the co-financing rate for each priority to public expenditure certified under that measure on the basis of a statement of expenditure certified by the authority responsible for certification; otherwise, reimbursement shall be on the basis of the expenditure actually incurred and certified by the certifying authority. Amendment 157 Article 95, paragraph 5 5.  When amounts are to be recovered following a cancellation under paragraph 1, the competent service or body shall initiate recovery proceedings and notify the certifying and managing authorities. Recoveries shall be reported and accounted for. 5.  When amounts are to be recovered following a cancellation under paragraph 1, the managing authority shall initiate recovery proceedings immediately and notify the certifying and managing authorities. Recoveries shall be reported and accounted for as laid down in Community legislation. Amendment 158 Annex II, Group 2 Measures for the sustainable development of coastal fishing areas (article 43); investments on board fishing vessels (article 27); investments in aquaculture (article 30); investments in processing and marketing of the fishery products (article 34); promotion and development of new markets (article 39). Measures for the sustainable development of fishing and aquaculture areas (article 43); investments on board fishing vessels (article 27); investments in aquaculture (article 30); investments in processing and marketing of the fishery products (article 34); promotion and development of new markets (article 39); collective action (article 36); construction (article 33); fishing port facilities (article 38); modification or reassignment of fishing vessels (article 41). Amendment 159 Annex II, Group 3, introductory part • In the framework of fishing effort adjustment plans under article 23(a) first indent: • In the framework of fishing effort adjustment plans under article 23(a): Amendment 160 Annex II, Group 3, indent 3 a (new) - gender equality (article 41a) Amendment 161 Annex II, Group 3, last part • Measures for small-scale coastal fishing under article 27a, (3) and (4). • Measures for small-scale coastal fishing under article 27a.

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