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Procedure : 2012/0179(COD)
Document stages in plenary
Document selected : A7-0395/2013

Texts tabled :

A7-0395/2013

Debates :

PV 09/12/2013 - 19
CRE 09/12/2013 - 19

Votes :

PV 10/12/2013 - 7.21
CRE 10/12/2013 - 7.21

Texts adopted :

P7_TA(2013)0539

Texts adopted
Tuesday, 10 December 2013 - Strasbourg Provisional edition
North-East Atlantic: deep-sea stocks and fishing in international waters ***I
P7_TA-PROV(2013)0539A7-0395/2013

European Parliament legislative resolution of 10 December 2013 on the proposal for a regulation of the European Parliament and of the Council establishing specific conditions to fishing for deep-sea stocks in the North-East Atlantic and provisions for fishing in international waters of the North-East Atlantic and repealing Regulation (EC) No 2347/2002 (COM(2012)0371 – C7-0196/2012 – 2012/0179(COD))

(Ordinary legislative procedure: first reading)

The European Parliament ,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0371),

–  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 (C7-0196/2012),

–  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 13 February 2013(1) ,

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

–  having regard to the FAO's Code of Conduct for Responsible Fisheries and the European Commission's Code of Sustainable and Responsible Fisheries Practices,

–  having regard to the report of the Committee on Fisheries and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0395/2013),

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

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 1 a (new)
(1a)  As established in Article 11 of the Treaty on the Functioning of the European Union (TFEU), environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, including deep sea fisheries conservation, in particular with a view to promoting sustainable development;
Amendment 2
Proposal for a regulation
Recital 2
(2)  The Union is committed to implement the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72, which call on States and Regional Fisheries Management Organisations to ensure the protection of vulnerable deep-sea marine ecosystems from the destructive impact of bottom fishing gears, as well as the sustainable exploitation of deep-sea fish stocks.
(2)  The Union is committed to implement the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72, which call on States and Regional Fisheries Management Organisations to ensure the protection of vulnerable deep-sea marine ecosystems from the impact of bottom fishing gears, as well as the sustainable exploitation of deep-sea fish stocks.
Recommendations with measures developed and adopted by the North East Atlantic Fisheries Commission (NEAFC) to protect deep water vulnerable marine ecosystems against the adverse effects of bottom fishing gear, in accordance with paragraph 83(a) of Resolution 61/105 and paragraphs 119(a) and 120 of Resolution 64/72, should be formally incorporated into Union law in their entirety.

Amendment 3
Proposal for a regulation
Recital 2 a (new)
(2a)  Furthermore, the Union should act as a leader in the establishment and implementation of good-governance measures for the sustainable management of deep-sea fisheries within international fora in line with the Resolutions adopted by the General Assembly of the United Nations and by FAO and reflected in this Regulation.
Amendment 4
Proposal for a regulation
Recital 3 a (new)
(3a)  The capacity of vessels with deep-sea fishing permits has been limited since 2002 to the aggregate capacity of all the vessels that caught more than 10 tonnes of any mixture of deep sea species in any of the years 1998, 1999 or 2000. The Commission evaluation concluded that this capacity ceiling had no substantial positive effect. Given the past experience and the lack of accurate data in many deep sea fisheries, it is inadequate to manage these fisheries by means of effort limits only.
Amendment 5
Proposal for a regulation
Recital 4
(4)  In order to maintain necessary reductions in fishing capacity achieved so far in deep-sea fisheries, it is appropriate to provide that fishing for deep-sea species is subject to a fishing authorisation which limits the capacity of vessels eligible to land deep-sea species. With a view to focus management measures on the part of the fleet most relevant for deep-sea fisheries, the fishing authorisations should be issued according to target or by-catch fishery.
(4)  In order to maintain necessary reductions in fishing capacity achieved so far in deep-sea fisheries, it is appropriate to provide that fishing for deep-sea species is subject to a fishing authorisation which limits the capacity of vessels eligible to land deep-sea species. With a view to focus management measures on the part of the fleet most relevant for deep-sea fisheries, the fishing authorisations should be issued according to target or by-catch fishery. However, the obligation to land all catches established in Regulation (EU) No .../2013 of the European Parliament and of the Council 12a should be taken into account so that vessels catching a small quantity of deep-sea species and which are not currently subject to a deep-sea fishing permit, are not deprived of the opportunity to continue their traditional fishing activities.
12a Regulation (EU) No .../2013 of the European Parliament and of the Council of ... on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L ...).

Amendment 6
Proposal for a regulation
Recital 5
(5)  Holders of a fishing authorisation allowing the catch of deep-sea species should cooperate in scientific research activities leading to an improvement in the assessment of deep-sea stocks and deep-sea ecosystems.
(5)  Holders of a fishing authorisation allowing the catch of deep-sea species should cooperate in scientific research activities leading to an improvement in the assessment of deep-sea stocks and research into deep-sea ecosystems.
Amendment 7
Proposal for a regulation
Recital 7
(7)  Deep-sea fishing with bottom trawls carry the highest risk for vulnerable marine ecosystems among the different gears used and reports the highest rates of undesired catch of deep-sea species . Bottom trawls should therefore be permanently prohibited from the targeting of deep-sea species.
(7)  Deep-sea fishing with bottom trawls carries the highest risk for vulnerable marine ecosystems among the different gears used.
Amendment 8
Proposal for a regulation
Recital 8
(8)  Bottom-set gillnets are currently restricted in entering deep-sea fisheries by Council Regulation (EC) No 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011 13 . In view of the high rates of undesired catch when they were deployed unsustainably in deep waters, and in view of the ecological impact of lost and abandoned gear, this gear should also be permanently prohibited from the targeting of deep-sea species.
deleted
13 OJ L 347, 24.12.2009, p. 6.

Amendment 9
Proposal for a regulation
Recital 9
(9)   However, in order to provide fishermen with sufficient time to adjust to the new requirements current fishing authorisations for fishing with bottom trawls and bottom-set gillnets should continue to be valid for a specified period of time.
(9)  Fishermen require sufficient time to adjust to the new requirements, and current fishing authorisations for fishing with bottom trawls and bottom-set gillnets should continue to be valid for a specified period of time, so as to minimise the negative consequences for the fleet engaging in this fishing activity .
Amendment 10
Proposal for a regulation
Recital 10
(10)  Moreover, vessels which have to change gear in order to be able to stay in the fishery should be eligible for receiving financial assistance from the European Fisheries Fund provided that the new gear reduces the impact of fishing on non-commercial species and provided also that the national operational programme allows contributing to such measures.
(10)  Moreover, vessels which wish to change gear should be eligible for receiving financial assistance from the European Fisheries Fund provided that the new gear reduces the impact of fishing on non-commercial species and provided also that the national operational programme allows contributing to such measures.
Amendment 11
Proposal for a regulation
Recital 11
(11)  Vessels targeting deep-sea species with other bottom gear should not extend their range of operation according to their authorisation within Union waters, unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems.
(11)  Vessels targeting deep-sea species should not extend their range of operation according to their fishing authorisation within Union waters, unless following an assessment in accordance with the 2008 FAO International Guidelines for the Management of Deep-Sea Fisheries in the High Seas, the extension is proven not to carry a significant risk of negative impact on vulnerable marine ecosystems.
Amendment 12
Proposal for a regulation
Recital 12
(12)  Scientific advice concerning certain fish stocks found in the deep-sea indicates that these stocks are particularly vulnerable to exploitation, and that fishing for these stocks should be limited or reduced as a precautionary measure. Fishing opportunities for deep-sea stocks should not go beyond those levels which are scientifically advised as precautionary. In the case of advice being absent for lack of sufficient information about stocks or species, no fishing opportunities should be allocated.
(12)  Scientific advice concerning certain fish stocks found in the deep-sea indicates that these stocks are particularly vulnerable to exploitation. Fishing for these stocks should be limited or reduced as a precautionary measure and aim at achieving levels above those capable of producing maximum sustainable yield. In the case of advice being absent for lack of sufficient information about stocks or species, no fishing opportunities should be allocated.
It should be noted however, that several stocks of deep-water species of significant commercial interest, such as Roundnose grenadier (Coryphaenoides rupestris), Blue ling (Molva dypterigia) and Black scabbardfish (Aphanopus carbo), have according to ICES stabilised over the last three years.

Amendment 13
Proposal for a regulation
Recital 13
(13)  Scientific advice further indicates that fishing effort limits are an appropriate instrument for fixing fishing opportunities for deep-sea fisheries. In view of the large variety of gears and fishing patterns present in deep-sea fisheries, and the need to develop accompanying measures tackling the environmentally weak points of the fisheries individually, fishing effort limits should only replace catch limits when it can be ensured that they are adapted to specific fisheries.
(13)  The lack of accurate data in most deep sea fisheries and the mixed nature of most of them make it necessary to implement complementary management measures. Where appropriate , catch limits should be combined with effort limits . Both should be set at levels which minimise and prevent impacts on non-target species and vulnerable marine ecosystems .
Amendment 14
Proposal for a regulation
Recital 15
(15)  Given that biological information can best be collected by way of harmonised data collection standards, it is appropriate to integrate data collection on deep-sea métiers into the general framework of scientific data collection, while ensuring the provision of additional information necessary to understand the dynamics of the fisheries. For simplification purposes, the effort reporting by species should be discontinued and replaced by the analysis of recurrent scientific data calls to Member States which contain a specific chapter on deep-sea métiers.
(15)  Given that biological information can best be collected by way of harmonised data collection standards, it is appropriate to integrate data collection on deep-sea métiers into the general framework of scientific data collection, while ensuring the provision of additional information necessary to understand the dynamics of the fisheries. For simplification purposes, the effort reporting by species should be discontinued and replaced by the analysis of recurrent scientific data calls to Member States which contain a specific chapter on deep-sea métiers. Member States should ensure compliance with data collection and reporting obligations, in particular with those related to the protection of vulnerable marine ecosystems .
Amendment 15
Proposal for a regulation
Recital 15 a (new)
(15a)  A high number of species are caught in deep sea fisheries, including vulnerable species of deep sea sharks. It is necessary to ensure that the obligation to land all catches in deep sea fisheries covers species not subject to catch limits and that de minimis provisions are not applied to these fisheries. A fully implemented obligation to land could greatly contribute to fill the existing data gaps in these fisheries and to a better understanding of the impact of these fisheries on the wide range of species caught.
Amendment 16
Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) to ensure the sustainable exploitation of deep-sea species while minimising the impact of deep-sea fishing activities on the marine environment;
(a) to ensure the sustainable management and exploitation of deep-sea species while minimising the impact of deep-sea fishing activities on the marine environment;
Amendment 17
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
(aa) to prevent significant adverse impacts on vulnerable marine ecosystems and ensure the long-term conservation of deep sea fish stocks;
Amendment 18
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
(ba) to minimise and where possible prevent by-catches;
Amendment 19
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
(ca) to apply the precautionary and ecosystem approaches to fisheries management and to ensure that the Union measures aimed at the sustainable management of deep-sea fish stocks are consistent with Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72.
Amendment 20
Proposal for a regulation
Article 2 – paragraph 1 – point a
(a)  Union waters of International Council for the Exploration of the Sea (ICES) sub-areas II to XI and of Fishery Committee for the Eastern Central Atlantic (CECAF) areas 34.1.1, 34.1.2 and 34.2,
(a)  Union waters of International Council for the Exploration of the Sea (ICES) sub-areas II to XI and of Fishery Committee for the Eastern Central Atlantic (CECAF) areas 34.1.1, 34.1.2 and 34.2, including the fishing activities or intended fishing activities carried out by fishing vessels flying the flag of, and registered in, third countries,
Amendment 21
Proposal for a regulation
Article 3 – paragraph 1
1.  For the purposes of this Regulation, the definitions laid down in Article 3 of Regulation (EC) No 2371/2002 and Article 2 of Council Regulation (EC) No 734/200815 shall apply.
1.  For the purposes of this Regulation, the definitions laid down in Article 4 of Regulation (EC) No .../2013[on the Common Fisheries Policy] and Article 2 of Council Regulation (EC) No 734/200815 shall apply.
15 . OJ L 201, 30.7.2008, p. 8.
15 . OJ L 201, 30.7.2008, p. 8.
Amendment 22
Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) ‘ICES zones’ are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council16 ;
(a) ‘ICES zones, subzones, divisions and subdivisions ’ are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council16
16 .OJ L 87, 31.3.2009, p. 70.
16 .OJ L 87, 31.3.2009, p. 70.
Amendment 23
Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) ‘CECAF areas’ are as defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council17 ;
(b) ‘CECAF areas, subareas and divisions ’ are as defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council17 ;
1 7 . OJ L 87, 31.3.2009, p. 1.
17 . OJ L 87, 31.3.2009, p. 1.
Amendment 24
Proposal for a regulation
Article 3 – paragraph 2 – point i a (new)
(ia) sustainable exploitation means the exploitation of a stock or group of fish stocks in a way that restores and maintains populations of fish stocks above levels capable of producing maximum sustainable yield and that does not have a negative impact on the marine ecosystems;
Amendment 25
Proposal for a regulation
Article 3 – paragraph 2 – point j
(j) ‘maximum sustainable yield’ means the maximum catch that may be taken from a fish stock indefinitely.
deleted
Amendment 26
Proposal for a regulation
Article 3 a (new)
Article 3a

Transparency, public participation and access to justice

1.  For the implementation of this Regulation, the provisions of Directive 2003/4/EC 17a and Regulations 1049/2001/EC 17b and 1367/2006/EC 17c concerning access to environmental information shall apply.
2.  The Commission, and Member States, shall ensure that all data-handling and decision-making under this Regulation is conducted in full compliance 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 17d .
17a Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (OJ L 41, 14.2.2003, p. 26).

17b Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

17c Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).

17d OJ L 124, 17.5.2005, p. 1.

Amendment 27
Proposal for a regulation
Article 3 b (new)
Article 3b

Identification of deep-sea species and most vulnerable species

1.  By … + and every two years thereafter, the Commission shall review the list of deep-sea species in Annex I, including the designation of most vulnerable species.
2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 20 amending the list of deep-sea species in Annex 1, including the designation of most vulnerable species, to incorporate new scientific information from Member States, from the scientific advisory body and from other relevant sources of information, including the IUCN Red List Assessments. When adopting such delegated acts, the Commission shall, in particular, take account of the IUCN Red List Criteria, the rarity of the species, its vulnerability to exploitation and whether the scientific advisory body has recommended a zero by-catch.
+ OJ please insert the date of entry into force of this Regulation
Amendment 28
Proposal for a regulation
Article 4 – paragraph 1
1.  Fishing activities targeting deep-sea species carried out by a Union fishing vessel, shall be subject to a fishing authorisation, which shall indicate deep-sea species as the target species.
1.  Fishing activities targeting deep-sea species carried out by a fishing vessel, shall be subject to a fishing authorisation, issued by the flag Member State, which shall indicate deep-sea species as the target species.
Amendment 29
Proposal for a regulation
Article 4 – paragraph 2 – point c
(c) the vessel's master records in the logbook a percentage of deep-sea species equal or superior to 10 % of the overall catch weight in the fishing day concerned .
(c) the vessel's master records in the logbook a percentage of the deep-sea species listed in Annex I, which is caught within the waters included in the scope of this Regulation and which is equal or superior to one of the following thresholds :
- 15% of the overall catch weight in the fishing day concerned, or
- 8% of the overall catch weight in the fishing trip concerned,
the choice of threshold being at the discretion of the vessel's master, or
Amendment 30
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
(ca) the vessel deploys bottom gears at depths of or below 600 meters.
Amendment 31
Proposal for a regulation
Article 4 – paragraph 2 a (new)
2a.  For the purpose of calculating the percentages referred to in point c, the species in Annex I subject to deferred application, as indicated in the fourth column thereof, shall only be taken into account from .... + ,
+ OJ please insert the date five years after the entry into force of this Regulation.
Amendment 32
Proposal for a regulation
Article 4 – paragraph 3
3.  Fishing activities not targeting deep-sea species but catching deep-sea species as a by-catch, carried out by a Union fishing vessel, shall be subject to a fishing authorisation, which shall indicate deep-sea species as by-catch.
3.  Fishing activities not targeting deep-sea species but catching deep-sea species as a by-catch, shall be subject to a fishing authorisation, which shall indicate deep-sea species as by-catch.
Amendment 33
Proposal for a regulation
Article 4 – paragraph 5
5.  Notwithstanding paragraphs 1 and 3, fishing vessels may catch, retain on board, tranship or land any quantity of deep-sea species without a fishing authorisation, if that quantity is below a threshold set at 100 kg of any mixture of deep-sea species per fishing trip.
5.  Notwithstanding paragraphs 1 and 3, fishing vessels may catch, retain on board, tranship or land any quantity of deep-sea species without a fishing authorisation, if that quantity is below a threshold set at 100 kg of any mixture of deep-sea species per fishing trip. Details of all such catches, whether retained or discarded, including species composition, weight and sizes, shall be recorded in the vessel's logbook and reported to the competent authorities.
Amendment 34
Proposal for a regulation
Article 5 – paragraph 1
The aggregate fishing capacity measured in gross tonnage and in kilowatt of all fishing vessels holding a fishing authorisation issued by a Member State, allowing the catch of deep-sea species, whether as target or by-catch species, shall at no time exceed the aggregate fishing capacity of vessels of that Member State which have landed 10 tonnes or more of deep-sea species during any of the two calendar years preceding the entry into force of this Regulation, whichever year provides the higher figure.

1.   The aggregate fishing capacity of all fishing vessels holding a fishing authorisation issued by a Member State, allowing the catch of deep-sea species, whether as target or by-catch species, shall at no time exceed the aggregate fishing capacity of vessels of that Member State which have landed 10 tonnes or more of deep-sea species during 2009-2011, whichever year provides the higher figure.
Amendment 35
Proposal for a regulation
Article 5 – paragraph 1 a (new)
1a.  In order to achieve the objective set out in paragraph 1, Member States shall conduct annual capacity assessments in accordance with Article 22 of Regulation (EU) No …/2013 [on the Common Fisheries Policy]. The resulting report, as referred to in paragraph 2 of that Article, shall seek to identify structural overcapacity by segment and shall estimate the long-term profitability by segment. The reports shall be made publicly available.
Amendment 36
Proposal for a regulation
Article 5 – paragraph 1 b (new)
1b.  Where the capacity assessments referred to in paragraph 1a indicate that the fishing mortality of deep sea stocks is above recommended levels, the Member State concerned shall prepare and include in the report an action plan for the affected fleet segment, in order to ensure that the fishing mortality exerted on the stocks concerned is consistent with the objectives of Article 10.
Amendment 37
Proposal for a regulation
Article 5 – paragraph 1 c (new)
1c.  The capacity assessments and action plans referred to in this Article shall be made publicly available.
Amendment 38
Proposal for a regulation
Article 5 – paragraph 1 d (new)
1d.  Where fishing opportunities for deep-sea species have been exchanged between Member States, the fishing capacity corresponding to the opportunities exchanged shall, for the purpose of establishing the aggregated fishing capacity according to paragraph 1, be attributed to the donor Member State.
Amendment 39
Proposal for a regulation
Article 5 – paragraph 1 e (new)
1e.  Notwithstanding paragraph 1, regional fleets in outermost regions where there is no continental shelf and virtually no alternatives to deep-sea resources shall be permitted an aggregate fishing capacity for deep-sea species which may at no time exceed the aggregate fishing capacity of the current fleet in each outermost region.
Amendment 40
Proposal for a regulation
Article 6 – paragraph 1
Each application for a fishing authorisation allowing for the catch of deep-sea species whether as target or by-catch species, and for its renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities, the type of gears, the depth range at which the activities will be deployed , and of the individual species targeted.

1.  Each application for a fishing authorisation allowing for the catch of deep-sea species whether as target or by-catch species, and for its annual renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities, indicating all the ICES and CECAF subareas, divisions and subdivisions covered, the type and the amount of gears, the depth range at which the activities will be carried out , the individual species targeted, as well as the intended frequency and duration of the fishing activity. This information shall be made publicly available .
Amendment 41
Proposal for a regulation
Article 6 – paragraph 1 a (new)
1a.  Any application for a fishing authorisation shall be accompanied by a record of the concerned fishing vessels' catches of deep-sea species in the area for which an application is sought for 2009-2011.
Amendment 42
Proposal for a regulation
Article 6 a (new)
Article 6a

Specific requirements for the protection of vulnerable marine ecosystems

1.  Member States shall use the best scientific and technical information available, including biogeographic information, to identify where vulnerable marine ecosystems are known or likely to occur. In addition, the scientific advisory body shall carry out an annual assessment of where vulnerable marine ecosystems are known or are likely to occur.
2.  Where, based on the information referred to in paragraph 1, areas where vulnerable marine ecosystems are known or are likely to occur have been identified, Member States and the scientific advisory body shall inform the Commission in a timely manner.
3. By ... + , on the basis of the best scientific and technical information available and based on the assessments and identifications carried out by Member States and the scientific advisory body, the Commission shall establish a list of areas where vulnerable marine ecosystems are known to occur or are likely to occur. The Commission shall review this list annually, on the basis of advice received from the scientific advisory body.
4.  Fishing with bottom gears shall be prohibited in the areas identified according to paragraph 3.
5.  The closures referred to in paragraph 4 shall apply to all Union vessels when they occur in the high seas, and to all vessels when the closure occurs in Union waters.
6.  By way of derogation from paragraph 4, if the Commission, based on an impact assessment and after consulting the scientific advisory body, determines that there is sufficient evidence that vulnerable marine ecosystems are not present in a particular area which appears on the list referred to in paragraph 3, or that appropriate conservation and management measures have been adopted which ensure that significant adverse impacts on vulnerable marine ecosystems in that area are prevented, it may reopen that area to fishing with bottom gears.
7.  Where, in the course of fishing operations, a fishing vessel encounters evidence of vulnerable marine ecosystems, it shall immediately cease fishing in the area concerned. It shall resume operations only when it has reached an alternative area at a minimum distance of five nautical miles from the fished area in which the encounter occurred.
8.  The fishing vessel shall immediately report each encounter with vulnerable marine ecosystems to the competent national authorities, who in turn shall notify the Commission, without delay.
9.  The areas referred to in paragraph 4 and 7 shall remain closed to fishing until such time as the scientific advisory body carries out an assessment of the area and concludes that no vulnerable marine ecosystems are present, or that appropriate conservation and management measures have been adopted which ensure that significant adverse impacts on vulnerable marine ecosystems in that area are prevented, after which the Commission may reopen that area to fishing.
+ OJ: Please insert the date: one year after the entry into force of this Regulation.
Amendment 43
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1.  In addition to the requirements set out in Article 6, each application for a fishing authorisation for targeted deep sea fisheries, as referred to in Article 4(1) , that allows the use of bottom gears in Union waters as referred to in Article 2(a), shall be accompanied by a detailed fishing plan specifying:
1.  In addition to the requirements set out in Article 6, each application for a fishing authorisation, issued in accordance with Article 4, that allows the use of bottom gears in Union waters as referred to in Article 2(a), or in international waters as referred to in Article 2(b) and (c), shall be accompanied by a detailed fishing plan, which shall be made publicly available, specifying:
Amendment 44
Proposal for a regulation
Article 7 - paragraph 1 - point a
(a) the locations of the intended activities targeting deep-sea species in the deep-sea métier. The location(s) shall be defined by coordinates in accordance with the World Geodetic System of 1984;
(a) the locations of the intended activities fishing for deep-sea species which shall be defined by coordinates in accordance with the World Geodetic System of 1984 and shall include an indication of all the ICES and CECAF subareas, divisions and subdivisions covered ;
Amendment 45
Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the locations, if any, of activities in the deep-sea métier during the last three full calendar years. Those location(s) shall be defined by coordinates in accordance with the World Geodetic System of 1984 and they shall circumscribe the fishing activities as closely as possible.
(b) the locations, if any, of activities in the deep-sea métier during 2009-2011 which shall be defined by coordinates in accordance with the World Geodetic System of 1984 and they shall circumscribe the fishing activities as closely as possible and shall include an indication of all the ICES and CECAF subareas, divisions and subdivisions covered ;
Amendment 46
Proposal for a regulation
Article 7 - paragraph 1 - point b a (new)
(ba) the types of fishing gears and the depth at which they will be deployed, a list of the species to be targeted and the technical measures to be put in place, in accordance with the technical measures on fisheries management recommended by NEAFC and measures under Regulation (EC) No 734/2008, as well as the configuration of the bathymetric profile of the seabed in the intended fishing grounds, where this information is not already available to the competent authorities of the flag State concerned.
Amendment 47
Proposal for a regulation
Article 7 - paragraph 1 a (new)
1a.  Prior to issuing an authorisation Member States shall verify through the VMS record of such vessels that the information submitted in accordance with paragraph 1(b) is accurate. If the information provided under paragraph 1(b) does not match that in the VMS record the authorisation shall not be issued.
Amendment 48
Proposal for a regulation
Article 7 - paragraph 1 b (new)
1b.  Authorised fishing activities shall be limited to existing fishing areas established under paragraph 1(b).
Amendment 49
Proposal for a regulation
Article 7 - paragraph 1 c (new)
1c.  Any modification to the fishing plan shall be subject to an evaluation by the flag Member State. A modified fishing plan shall only be accepted by the flag Member State if it does not allow for fishing operations in areas where vulnerable marine ecosystems occur or are likely to occur.
Amendment 50
Proposal for a regulation
Article 7 - paragraph 1 d (new)
1d.  Failure to comply with the fishing plan shall result in the withdrawal by the flag Member State of the fishing authorisation from the fishing vessel concerned.
Amendment 51
Proposal for a regulation
Article 7 - paragraph 1 e (new)
1e.  Small-scale vessels that, due to technical factors such as the type of gear used or the capacity of the vessel, do not have the capacity to catch more than 100 kg of deep-sea species per fishing trip are exempted from the obligation to present a fishing plan.
Amendment 52
Proposal for a regulation
Article 7 - paragraph 1 f (new)
1f.  Applications for the renewal of fishing authorisations for deep-sea species may be exempted from the requirement to submit a detailed fishing plan unless changes are planned in the fishing operations of the vessel concerned in which case a revised plan shall be submitted.
Amendment 53
Proposal for a regulation
Article 7 – paragraph 2
2.  Any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity, as set out in paragraph 1(a), and the existing fishing activity, as set out in paragraph 1(b), overlap. However, the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the Member State has assessed and documented, based on scientific advice, that such extension would not have significant adverse impacts on vulnerable marine ecosystems .
2.  Without prejudice to paragraph 1, fishing with bottom gear that is to take place in waters where deep-sea fisheries have not been carried out during 2009-2011, as referred to in paragraph 1(b), shall require a fishing authorisation as established in accordance with Article 4. No fishing authorisation shall be issued unless the Member State has assessed and documented, on the basis of the best available scientific data and advice, that the fishing activities concerned will not have a significant adverse impact on the marine ecosystem. This assessment shall be conducted in accordance with this Regulation and the 2008 FAO International Guidelines for the Management of Deep-Sea Fisheries in the High Seas and shall be made publicly available. The Commission, in consultation with the Member State concerned and the scientific advisory body, shall review this assessment to ensure that all areas where vulnerable marine ecosystems are known or are likely to occur have been identified and that the proposed mitigation and management measures are sufficient to prevent significant adverse impacts on vulnerable marine ecosystems.
Amendment 54
Proposal for a regulation
Article 7 – paragraph 2 a (new)
2a.  Before … + , no fishing authorisation targeting deep-sea species, including in areas defined in paragraph 1(b), shall be issued or renewed unless the Member State has assessed and documented, on the basis of the best available scientific advice, that the fishing activities concerned would not have a significant adverse impact on the marine ecosystem. That assessment shall be conducted in accordance with the 2008 FAO International Guidelines for the Management of Deep-Sea Fisheries in the High Seas including as set out in Annex IIa and shall be made publicly available.
+ OJ please insert the date: two years after the entry into force of this Regulation.
Amendment 55
Proposal for a regulation
Article 7 – paragraph 2 b (new)
2b.  Member States shall apply the precautionary approach when carrying out their impact assessments. In areas where no impact assessment has been carried out or where an impact assessment has been carried out but not in accordance with 2008 FAO Guidelines, the use of bottom gears shall be prohibited.
Amendment 56
Proposal for a regulation
Article 7 – paragraph 2 c (new)
2c.  No fishing authorisations under Article 4 shall be issued for areas where vulnerable marine ecosystems are known to occur or are likely to occur, unless the Commission, after consulting the scientific advisory body determines that there is sufficient evidence that appropriate conservation and management measures have been adopted which ensure that significant adverse impacts on vulnerable marine ecosystems are prevented..
Amendment 57
Proposal for a regulation
Article 7 - paragraph 2 d (new)
2d.  New impact assessments shall be required if there are significant changes to the way in which existing fisheries with bottom gear are carried out, or to the applicable technology, or where there is new scientific information indicating the presence of vulnerable marine ecosystems in a given area.
Amendment 58
Proposal for a regulation
Article 7 - paragraph 2 e (new)
2e.  In addition to the requirements in Article 6, details of all catches of deep-sea species, whether retained or discarded, including species composition, weight and sizes shall be reported.
Amendment 59
Proposal for a regulation
Article 8 – paragraph -1 (new)
Member States shall implement measures to ensure that all vessels that catch deep-sea species, whether or not in accordance with a fishing authorisation issued under Article 4, record all of their catches of such species and report them to the relevant competent authority.

Amendment 60
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Member States shall put in place the necessary systems to ensure that, wherever possible, the data collected is reported to the relevant competent authorities as it is generated, in order to reduce risks to vulnerable marine ecosystems, minimise by-catch, and allow better fishing management through ‘real-time monitoring’.

Amendment 61
Proposal for a regulation
Article 8 – paragraph 1 b (new)
The relevant data to be recorded and reported in accordance with this Article shall as a minimum include the weight and species composition of all deep-sea catches.

Amendment 62
Proposal for a regulation
Article 9 - paragraph 1
Fishing authorisations referred to in Article 4(1) for vessels using bottom trawls or bottom-set gillnets shall expire at the latest two years after the entry into force of this Regulation. After that date, fishing authorisations targeting deep-sea species with those gears shall neither be issued nor renewed .

By ... + the Commission shall evaluate its implementation in accordance with Article 21. The use of all types of fishing gear when targeting deep-sea species shall be evaluated with a particular emphasis on the impact on the most vulnerable species and on vulnerable marine ecosystems. If this evaluation shows that the deep-sea stocks listed in Annex I, excluding the species in Annex I subject to deferred application of Article 4(2)(c), are not exploited at maximum sustainable yield rates adequate for restoring and maintaining populations of deep-sea stocks above levels capable of producing maximum sustainable yield, and that vulnerable marine ecosystems are not protected from significant adverse impacts, before… ++ the Commission shall submit a proposal to amend this Regulation. This proposal shall ensure that fishing authorisations for vessels targeting deep-sea species, as referred to in Article 4, using bottom trawls or bottom-set gillnets shall expire and shall not be renewed and that any measures necessary regarding bottom gears, including longliners, are put in place to ensure the protection of the most vulnerable species.

+ OJ please insert the date: four years after the entry into force of this Regulation.
+ + OJ please insert the date: five years after the entry into force of this Regulation.
Amendment 63
Proposal for a regulation
Article 10 – paragraph 1
1.  Fishing opportunities shall be fixed at a rate of exploitation of the deep-sea species concerned that is consistent with maximum sustainable yield.
1.  Fishing opportunities shall be fixed at a rate of exploitation of the deep-sea species concerned that ensures that populations of deep-sea species are progressively restored and maintained above biomass levels capable of producing the maximum sustainable yield. This exploitation rate shall contribute to achieving and maintaining a good environmental status in the Union’s marine environment by 2020 and shall be based on the best scientific information available .
Amendment 64
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2.  Where, based on best scientific information available, it is not possible to identify exploitation rates consistent with maximum sustainable yield , the fishing opportunities shall be fixed as follows:
2.  Where, based on best scientific information available, it is not possible to identify exploitation rates consistent with paragraph 1 , the fishing opportunities shall be fixed as follows:
Amendment 65
Proposal for a regulation
Article 10 – paragraph 2 – point b
b) where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries management due to lack of sufficient data concerning a certain stock or species, no fishing opportunities may be allocated for the fisheries concerned .
(b) where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries management due to lack of sufficient data concerning a certain stock or species, the fishing opportunities for the relevant fishing management period shall not be fixed higher than the rates provided within the ICES approach for data limited stocks .
Amendment 66
Proposal for a regulation
Article 10 – paragraph 2 a (new)
2a.  Where ICES has not been able to identify exploitation rates as referred to in paragraph 2 (a) or (b), including for data limited stocks or species, no fishing opportunities shall be allocated for the fisheries concerned.
Amendment 67
Proposal for a regulation
Article 10 – paragraph 2 b (new)
2b.  Fishing opportunities set for deep sea species shall take into account the probable composition of the catch in these fisheries and shall ensure the long term sustainability of all harvested species.
Amendment 68
Proposal for a regulation
Article 10 - paragraph 2 c (new)
2c.  When allocating the fishing opportunities available to them Member States shall comply with the criteria set out in Article 17 of Regulation (EU) No .../2013 [on the Common Fisheries Policy].
Amendment 69
Proposal for a regulation
Article 10 - paragraph 2 d (new)
2d.  Management measures, including the fixing of fishing opportunities for target and by-catch species in mixed species fisheries, area and seasonal closures, and the use of selective gears, shall be designed and established to avoid, minimise and eliminate by- catch of deep-sea species and to ensure the long-term sustainability of all species adversely affected by the fishery.
Amendment 70
Proposal for a regulation
Article 10 a (new)
Article 10a

Conservation Measures

1.  Member States shall apply the precautionary and ecosystem approaches to their fisheries management and shall adopt measures to ensure the long-term conservation and sustainable management of deep-sea fish stocks and non-target species. Those measures shall aim to rebuild depleted stocks, to minimise, prevent and, where possible, to eliminate by-catch, to protect spawning aggregations and to ensure the adequate protection and prevention of significant adverse impacts on vulnerable marine ecosystems. Such measures may include real time, seasonal or permanent prohibitions of certain fishing activities or gears in certain areas
2.  This Regulation shall contribute to the implementation of Directive 92/43/EEC and Directive 2009/147/EC and to the achievement and maintenance of good environmental status by 2020 at the latest as set out in Directive 2008/56/EC of the European Parliament and of the Council 17e , including in particular that all stocks of harvested species exhibit a population age and size distribution that is indicative of a healthy stock, and descriptors 1, 2, 3, 4, 6, 9, and 10.
17e 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) (OJ L 164, 25.6.2008, p. 19).

Amendment 71
Proposal for a regulation
Article 10 b (new)
Article 10b

Obligation to land all catches

1.  By way derogation of Article 15 of Regulation (EU) No .../2013 [on the Common Fisheries Policy] all catches of fish and non-fish species, irrespective of whether they are subject to catch limits or not, made by a fishing vessel holding an authorisation to catch deep-sea species granted under Article 4(1) or 4(3) of this Regulation shall be brought and retained on board, recorded in the logbook and landed. The de minimis provisions shall not apply to such vessels.
Amendment 72
Proposal for a regulation
Chapter 3 – section 2 – title
Management by fishing effort limits

Fishing effort limits and accompanying measures

Amendment 73
Proposal for a regulation
Article 11 – title
Fishing opportunities by means of fishing effort limits only

Fixing of fishing opportunities

Amendment 74
Proposal for a regulation
Article 11 – paragraph 1
1.  The Council, acting in accordance with the Treaty, may decide to switch from the fixing of annual fishing opportunities for deep-sea species in terms of both fishing effort limits and catch limits to the fixing of only fishing effort limits for specific fisheries .
1.  Fishing opportunities for the deep-sea species shall be in terms of Total Allowable Catches (TACs) .
Amendment 75
Proposal for a regulation
Article 11 - paragraph 1 a (new)
1a.  In addition to the TACs, fishing effort limits may be set.
Amendment 76
Proposal for a regulation
Article 11 - paragraph 1 b (new)
1b.  The fixing of fishing opportunities under paragraphs 1 and 1a shall comply with the objectives laid down in Article 16(4) of Regulation (EU) No .../2013 [on the Common Fisheries Policy].
Amendment 77
Proposal for a regulation
Article 11 – paragraph 2
2.  For the purposes of paragraph 1 , the fishing effort levels for each deep-sea métier that shall be used as a baseline for any adjustments required in order to follow the principles set out in Article 10 shall be the fishing effort levels assessed, based on scientific information, as consistent with the catches made by the relevant deep-sea métiers during the previous two calendar years .
2.  For the purposes of paragraph 1a , the fishing effort levels for each deep-sea métier that shall be used as a baseline for any adjustments required in order to follow the principles set out in Article 10 shall be the fishing effort levels assessed, based on scientific information, as consistent with the catches made by the relevant deep-sea métiers during 2009-2011 .
For the assessment of the fishing effort levels referred to in the first subparagraph, the species in Annex I subject to the deferred application of Article 4(2)(c), as indicated in the fourth column of that Annex, shall only be taken into account from .... + .

+ OJ please insert the date: five years after the entry into force of this Regulation.
Amendment 78
Proposal for a regulation
Article 11 - paragraph 2 a (new)
2a.  Fishing effort limits for deep sea métiers shall take into account the probable composition of the catch in these fisheries and shall be set at a level capable of securing the long term sustainability of all harvested species.
Amendment 79
Proposal for a regulation
Article 11 – paragraph 3 – point a
(a) the specific deep-sea métier to which the fishing effort limit applies by reference to the regulated gear, the species targeted and the ICES zones or CECAF areas within which the allowed effort may be deployed; and
(a) the specific deep-sea métier to which the fishing effort limit applies by reference to the regulated type and amount of gear, the species and specific stocks targeted, the depth and the ICES zones or CECAF areas within which the allowed effort may be deployed;
Amendment 80
Proposal for a regulation
Article 11 - paragraph 3 – point b
(b) the fishing effort unit to be used for management.
(b) the fishing effort unit or combination of units to be used for management; and
Amendment 81
Proposal for a regulation
Article 11 – paragraph 3 – point b a (new)
(ba) the methods and protocols for the monitoring and reporting of effort levels during a fishing management period.
Amendment 82
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1.  Where annual fishing effort limits have replaced catch limits in accordance with Article 11(1), Member States shall maintain or put in place, in respect of their flagged vessels the following accompanying measures:
1.  Member States shall maintain or put in place, in respect of their flagged vessels the following accompanying measures:
Amendment 83
Proposal for a regulation
Article 12 – paragraph 1 – point a
(a) measures to avoid an increase of the overall catching capacity of the vessels concerned by the effort limits .
(a) measures to prevent or eliminate overfishing and excess fishing capacity.
Amendment 84
Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) measures to avoid an increase in by-catches of most vulnerable species; and
(b) measures to prevent and minimise by-catches, particularly by-catches of the most vulnerable species; and
Amendment 85
Proposal for a regulation
Article 12 – paragraph 1 – point c
(c) conditions for effective discard prevention. Those conditions shall aim at landing all fish taken on board, unless this would be contrary to the rules in force under the Common Fisheries Policy.
(c) conditions for effective discard prevention. Those conditions shall aim to avoid the catching of unwanted species in the first place and shall require the landing of all fish taken on board, unless this would be contrary to the rules in force under the Common Fisheries Policy or unless the species have a proven high long-term survival rate after discarding;
Amendment 86
Proposal for a regulation
Article 12 – paragraph 1 – point c a (new)
(ca) measures to prevent, deter and eliminate illegal, unregulated and unreported fishing in the deep-sea métier.
Amendment 87
Proposal for a regulation
Article 12 – paragraph 2
2.  The measures shall remain in force for as long as the need remains to prevent or mitigate the risks identified in paragraphs 1(a), (b) and (c) .
2.  The measures shall remain in force for as long as the need remains to prevent or mitigate the risks identified in paragraph 1.
Amendment 88
Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a.  Member States shall, without delay, notify the Commission of the measures adopted in accordance with paragraph 1.
Amendment 89
Proposal for a regulation
Article 12 – paragraph 3
3.  The Commission shall assess the effectiveness of the accompanying measures adopted by Member States upon their adoption.
3.  The Commission shall assess the effectiveness of the accompanying measures adopted by Member States upon their adoption, and thereafter annually .
Amendment 90
Proposal for a regulation
Article 13 - paragraph 1 – point a
(a) if the Member State concerned does not notify to the Commission any measures adopted pursuant to Article 12 within three months after the date of entry into force of the fishing effort limits .
(a) if the Member State concerned does not notify to the Commission any measures adopted pursuant to Article 12 within three months after the date of entry into force of this Regulation .
Amendment 91
Proposal for a regulation
Article 13 a (new)
Article 13a

Specific Union Measures

With a view to preventing and minimising by-catches, particularly by-catches of the most vulnerable species, modifications to gear, or real-time closures of areas with high by-catch rates may be decided.

Amendment 92
Proposal for a regulation
Article 14 – paragraph 1
1.  This Regulation shall be construed as a 'multiannual plan' for the purposes of Regulation (EC) No 1224/2009 .
1.  This Regulation shall be construed as a 'multiannual plan' for the purposes of Regulation (EU) No .../2013 [on the Common Fisheries Policy] .
Amendment 93
Proposal for a regulation
Article 14 – paragraph 2
2.  Deep-sea species shall be regarded as the 'species subject to a multiannual plan' and the 'stocks subject to a multiannual plan' for the purposes of Regulation (EC) No 1224/2009 .
2.  Deep-sea species shall be regarded as being ‘ subject to a multiannual plan' and the 'stocks subject to a multiannual plan' for the purposes of Regulation (EU) No .../2013 [on the Common Fisheries Policy] .
Amendment 94
Proposal for a regulation
Article 15 – paragraph -1 (new)
1.  Member States shall designate the ports in which any landing or transhipment of deep-sea species in excess of 100 kg is to take place. By … + , Member States shall transmit to the Commission the list of these designated ports.
+ OJ please insert the date: 60 days after the entry into force of this Regulation.
Amendment 95
Proposal for a regulation
Article 15 – paragraph 1
No quantity of any mixture of deep-sea species in excess of 100 kg may be landed at any place other than the ports which have been designated for landing deep-sea species .

2.  No quantity of any mixture of deep-sea species in excess of 100 kg may be landed at any place other than the ports which have been designated by Member States pursuant to paragraph 1 .
Amendment 96
Proposal for a regulation
Article 15 – paragraph 1 a (new)
3.  To improve coherence and coordination across the Union, the Commission shall establish measures for vessels, designated ports and relevant competent authorities regarding the inspection and surveillance procedures necessary for the landing or transhipment of deep-sea species and for recording and reporting landing or transhipment data, including as a minimum the weight and species composition.
Amendment 97
Proposal for a regulation
Article 15 – paragraph 1 b (new)
4.  Vessels that land or tranship deep-sea species shall adhere to the terms and conditions for recording and reporting the weight and composition of deep-sea species landed or transhipped, and shall comply with all inspection and surveillance procedures relating to the landing or transhipping of deep-sea species.
Amendment 98
Proposal for a regulation
Article 16 - paragraph 1
By way of derogation of Article 17 of Regulation (EC) No 1224/2009, the masters of all Union fishing vessels intending to land 100 kg or more of deep-sea species, whichever their length, shall be required to notify their flag Member State's competent authority of that intention.

The masters of all Union fishing vessels, regardless of their length, intending to land or tranship 100 kg or more of deep-sea species, shall be required to notify the competent authority of their flag Member State, as well as the port state authority, of that intention. The master or any other person responsible for the operation of vessels of 12 meters in length or more shall notify the competent authorities at least four hours before the estimated time of arrival at port, in accordance with Article 17 of Regulation (EC) No 1224/2009. This notwithstanding, small-scale fishing vessels without an electronic fishing logbook and artisanal vessels shall be exempted from the notification requirement.

Amendment 99
Proposal for a regulation
Article 18 - paragraph 1 – introductory part
1.  Without prejudice to Article 7(4) of Regulation (EC) 1224/2009, the fishing authorisations referred to in Article 4(1) and (3) of this Regulation shall be withdrawn for a duration of at least one year in the following cases:
1.  Without prejudice to Article 7(4) of Regulation (EC) 1224/2009, the fishing authorisations referred to in Article 4(1) and (3) of this Regulation shall be withdrawn for a duration of at least one year in any of the following cases:
Amendment 100
Proposal for a regulation
Article 18 – paragraph 1 – point a
a) failure to conform to the conditions set in the fishing authorisation with regard to limits on the use of gears, allowed areas of operation or, as appropriate, catch or effort limits on the species whose targeting is allowed; or
(a) failure to conform to the conditions set in the fishing authorisation with regard to limits on the use of gears, allowed areas of operation or, catch and effort limits on the species whose targeting is allowed;
Amendment 101
Proposal for a regulation
Article 18 – paragraph 1 – point b a (new)
ba) failure to collect, record and report data in accordance with Article 8;
Amendment 102
Proposal for a regulation
Article 18 – paragraph 1 – point b b (new)
bb) failure to comply with the requirements of the Common Fisheries Policy;
Amendment 103
Proposal for a regulation
Article 18 – paragraph 1 – point b c (new)
bc) any of the cases specified in Council Regulation (EC) No 1005/2008 17f , particularly under the provisions of Chapters VII-IX.
17f Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (OJ L 286, 29.10.2008, p. 1).

Amendment 104
Proposal for a regulation
Article 18 - paragraph 2
2.  Paragraph 1 shall not apply if the failures referred to therein have been caused by force majeure.
deleted
Amendment 105
Proposal for a regulation
Chapter 5 – title
DATA COLLECTION

DATA COLLECTION AND COMPLIANCE

Amendment 106
Proposal for a regulation
Article 19 – paragraph 1
1.  Member States shall collect data on each deep-sea métier in accordance with the rules on data collection and the precision levels laid down in the multiannual Community programme for collection, management and use of biological, technical, environmental, and socio-economic data adopted in accordance with Council Regulation (EC) No 199/200818 and in other measures adopted under that Regulation.
1.  Member States shall collect data on each deep-sea métier in accordance with the rules on data collection and the precision levels laid down in the multiannual Community programme for collection, management and use of biological, technical, environmental, and socio-economic data adopted in accordance with Council Regulation (EC) No 199/200818 and in other measures adopted under that Regulation. Member States shall ensure that the necessary systems are in place to facilitate the reporting of catches of target and by-catch species, and the reporting of evidence of any encounters with vulnerable marine ecosystems. Such reporting shall wherever possible be in real-time.
18 . OJ L 60, 5.3.2008, p. 1.
18 . OJ L 60, 5.3.2008, p. 1.
Amendment 107
Proposal for a regulation
Article 19 - paragraph 1 a (new)
1a.  Member States shall establish a programme for observer coverage to ensure the collection of relevant, timely and accurate data on the catch and by-catch of deep-sea species, encounters with vulnerable marine ecosystems and other relevant information for the effective implementation of this Regulation. Vessels using bottom trawls or bottom-set gillnets with a fishing authorisation to target deep-sea species shall be subject to 100 % observer coverage. All other vessels with an authorisation to catch deep-sea species shall be subject to 10 % observer coverage.
Amendment 108
Proposal for a regulation
Article 19 – paragraph 2
2.  The master of a vessel, or any other person responsible for the vessel's operation, shall be required to take on board the scientific observer whom the Member State has assigned for his vessel, unless this is not possible for security reasons . The master shall facilitate the discharging of the scientific observer's tasks.
2.  The master of a vessel, or any other person responsible for the vessel's operation, shall be required to take on board the scientific observer whom the Member State has assigned for their vessel, in accordance with the conditions specified in paragraph 4 . The master shall facilitate the discharging of the scientific observer's tasks.
Amendment 109
Proposal for a regulation
Article 19 – paragraph 3 – point a
(a) carry out their recurrent data collection tasks, as set out in paragraph 1.
(a) be qualified to carry out their duties and tasks as scientific observers, including the ability to identify species found in deep-sea ecosystems;
Amendment 110
Proposal for a regulation
Article 19 - paragraph 3 - point a a (new)
(aa) record independently, in the same format as that used in the vessel's logbook, the catch information prescribed in Regulation (EC) No 1224/2009;
Amendment 111
Proposal for a regulation
Article 19 - paragraph 3 - point a b (new)
(ab) record any instances of alteration of the fishing plan referred to in Article 7;
Amendment 112
Proposal for a regulation
Article 19 - paragraph 3 - point a c (new)
(ac) document any unforeseen encounters with vulnerable marine ecosystems including the gathering of information that may be of use in relation to the protection of the area;
Amendment 113
Proposal for a regulation
Article 19 - paragraph 3 - point a d (new)
(ad) record depths at which gear is deployed;
Amendment 114
Proposal for a regulation
Article 19 - paragraph 3 - point a e (new)
(ae) present a report to the competent authorities of the flag Member State concerned within 20 days following the termination of the observation period, a copy of which shall be sent by those authorities to the Commission, within 30 days following receipt of the Commission's written request
Amendment 115
Proposal for a regulation
Article 19 – paragraph 3 a (new)
3a.  It shall be prohibited for scientific observers to be any of the following:
(i) a relative of the master of the vessel or other officer serving on the vessel to which the observer is assigned;
(ii) an employee of the master of the vessel to which they are assigned;
(iii) an employee of the master's representative;
(iv) an employee of a company controlled by the master or their representative;
(v) a relative of the master's representative.
Amendment 116
Proposal for a regulation
Article 19 - paragraph 4 a (new)
4a.  Data collection may enable the creation of partnerships between scientists and fishermen and contribute to the area of research regarding the marine environment, biotechnology, food sciences, processing and the economy.
Amendment 117
Proposal for a regulation
Article 19 – paragraph 6
6.  Upon a request from the Commission, Member States shall submit monthly reports on of effort deployed and/or catches broken down by métier.
6.  Upon a request from the Commission, Member States shall submit monthly reports on of effort deployed and/or catches broken down by métier. These reports shall be made publicly available.
Amendment 118
Proposal for a regulation
Chapter Va (new) - title
Chapter Va

FINANCIAL ASSISTANCE

Amendment 119
Proposal for a regulation
Article 19 a (new)
Article 19 a

Financial Assistance for changing of fishing gear

1.  Fishing vessels using bottom trawls or bottom-set gillnets in the deep-sea métier shall be eligible to receive financial assistance from the European Maritime and Fisheries Fund for the changing of fishing gears and related vessel modifications, and for necessary know-how and training, provided that the new gear has demonstrably better size and species selectivity, a lower and limited impact on the marine environment and vulnerable marine ecosystems and does not increase the fishing capacity of the vessel, as assessed by the Commission, after consulting the appropriate independent scientific body;
2.  Fishing vessels shall be eligible to receive financial assistance from the European Maritime and Fisheries Fund for the purpose of minimising and, where possible, eliminating unwanted catches of deep-sea species, particularly those that are most vulnerable;
3.  Support shall not be granted more than once for the same Union fishing vessel .
4.  Access to financial assistance from the European Maritime and Fisheries Fund shall be conditional upon full compliance with this Regulation, the Common Fisheries Policy and Union environmental law.
Amendment 120
Proposal for a regulation
Article 20 – paragraph 2
2.  The power to adopt delegated acts as referred to in Article 13 shall be conferred on the Commission for an indeterminate period of time .
2.  The power to adopt delegated acts as referred to in Article 13 shall be conferred on the Commission for a period of three years from ... + . The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the three year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council oppose such extension no later than three months before the end of each period .
+ OJ please insert the date of entry into force of this Regulation.
Amendment 121
Proposal for a regulation
Article 21 – paragraph 1
1.  Within six years from the entry into force of this Regulation , the Commission shall, on the basis of Member States' reports and scientific advice that it shall request to this effect, evaluate the impact of the measures laid down in this Regulation and determine to what extent the objectives referred to in Article 1(a) and (b) have been achieved.
1.  By … + , the Commission shall, on the basis of Member States' reports and scientific advice that it shall request to this effect, evaluate the impact of the measures laid down in this Regulation and determine to what extent the objectives referred to in Article 1 have been achieved.
+ OJ please insert the date: four years from the entry into force of this Regulation.
Amendment 122
Proposal for a regulation
Article 21 – paragraph 2 – point a
(a) the vessels that have changed to using gears with a reduced impact on the sea bottom, and the development of their discard levels ;
(a) the vessels that have changed to using gears with a reduced impact on the sea bottom, and the progress as regards the prevention, minimisation and, where possible, on the elimination of unwanted catches ;
Amendment 123
Proposal for a regulation
Article 21 – paragraph 2 – point e
(e) the fisheries that are managed according to fishing effort limits only, and the effectiveness of accompanying measures to eliminate discards and reduce catches of most vulnerable species.
(e) the effectiveness of accompanying measures to eliminate discards and reduce catches of most vulnerable species;
Amendment 124
Proposal for a regulation
Article 21 – paragraph 2 – point e a (new)
(ea) the quality of the impact assessments carried out pursuant to Article 7;
Amendment 125
Proposal for a regulation
Article 21 - paragraph 2 - point e b (new)
(eb) the number of vessels and ports in the Union directly affected by the implementation of this Regulation;
Amendment 126
Proposal for a regulation
Article 21 – paragraph 2 – point e c (new)
(ec) the effectiveness of measures established to ensure the long-term sustainability of deep-sea fish stocks and to prevent by-catch of non-target species, in particular by-catch of the most vulnerable species;
Amendment 127
Proposal for a regulation
Article 21 – paragraph 2 – point e d (new)
(ed) the extent to which vulnerable marine ecosystems have been effectively protected through the restriction of authorised fishing activities to existing deep-sea fishing areas, area closures, the move-on rule and/or by other measures;
Amendment 128
Proposal for a regulation
Article 21 - paragraph 2 - point e e (new)
(ee) the application of the 600 meter depth limitation.
Amendment 129
Proposal for a regulation
Article 21 - paragraph 2 a (new)
2a.  Based on the evaluation referred to in paragraphs 1 and 2, the Commission shall by... + make proposals for amendments to this Regulation as appropriate.
+ OJ please insert the date: five years after the date of entry into force of this Regulation.
Amendment 130
Proposal for a regulation
Article 22 – paragraph 1
Special fishing authorisations issued in accordance with Regulation (EC) No 2347/2002 shall remain valid until their replacement by fishing authorisations allowing the catch of deep-sea species issued in accordance with this Regulation, but shall in any case no longer be valid after 30 September 2012 .

Special fishing authorisations issued in accordance with Regulation (EC) No 2347/2002 shall remain valid until their replacement by fishing authorisations allowing the catch of deep-sea species issued in accordance with this Regulation, but shall in any case no longer be valid after + .

+ OJ please insert the date: one year after the date of entry into force of this Regulation.
Amendment 131
Proposal for a regulation
Annex I

Text proposed by the Commission

Annex I

Section 1: Deep-sea species

Scientific name

Common name

Most vulnerable (x)

Centrophorus granulosus

Centrophorus squamosus

Centroscyllium fabricii

Centroscymnus coelolepis

Centroscymnus crepidater

Dalatias licha

Etmopterus princeps

Apristuris spp

Chlamydoselachus anguineus

Deania calcea

Galeus melastomus

Galeus murinus

Hexanchus griseus

Etmopterus spinax

Oxynotus paradoxus

Scymnodon ringens

Somniosus microcephalus

Gulper shark

Leafscale gulper shark

Black dogfish

Portuguese dogfish

Longnose velvet dogfish

Kitefin shark

Greater lanternshark

Iceland catchark

Frilled shark

Birdbeak dogfish

Blackmouth dogfish

Mouse catshark

Bluntnose six-gilled shark

Velvet belly

Sailfin roughshark (Sharpback shark)

Knifetooth dogfish

Greenland shark

x

x

x

x

x

x

x

x

Alepocephalidae

Alepocephalus Bairdii

Alepocephalus rostratus

Smoothheads (Slickheads)

Baird's smoothhead

Risso's smoothhead

Aphanopus carbo

Black scabbardfish

Argentina silus

Greater silver smelt

Beryx spp.

Alfonsinos

Chaceon (Geryon) affinis

Deep-water red crab

Chimaera monstrosa

Hydrolagus mirabilis

Rhinochimaera atlantica

Rabbit fish (rattail)

Large-eyed rabbitfish (Ratfish)

Straightnose rabbitfish

Coryphaenoides rupestris

Roundnose grenadier

Epigonus telescopus

Black cardinalfish

Helicolenus dactilopterus

Bluemouth (Bluemouth redfish)

Hoplostethus atlanticus

Orange roughy

Macrourus berglax

Roughhead grenadier (Rough rattail)

Molva dypterigia

Blue ling

Mora moro

Antimora rostrata

Common mora

Blue antimora (Blue hake)

Pagellus bogaraveo

Red (blackspot) seabream

Phycis blennoides

Greater Forkbeard

Polyprion americanus

Wreckfish

Reinhardtius hippoglossoides

Greenland halibut

Cataetyx laticeps

Hoplosthetus mediterraneus

Silver roughy (Pink)

Macrouridae

other than Coryphaenoides rupestris and Macrourus berglax

Grenadiers (rattails)

other than roundnose grenadier and roughhead grenadier

Nesiarchus nasutus

Black gemfish

Notocanthus chemnitzii

Snubnosed spiny eel

Raja fyllae

Raja hyperborea

Raja nidarosiensus

Round skate

Arctic skate

Norwegian skate

Trachyscorpia cristulata

Spiny (deep-sea) scorpionfish

Section 2: Species regulated in NEAFC in addition

Brosme brosme

Tusk

Conger conger

Conger eel

Lepidopus caudatus

Silver scabbard fish (Cutless fish)

Lycodes esmarkii

Greater Eelpout

Molva molva

Ling

Sebastes viviparus

Small redfish (Norway haddock)

Amendment

Annex I

Section 1: Deep-sea species

Scientific name

Common name

Most vulnerable (x)

Deferred Application of Article 4(2)(c)

Centrophorus granulosus

Centrophorus squamosus

Centroscyllium fabricii

Centroscymnus coelolepis

Centroscymnus crepidater

Dalatias licha

Etmopterus princeps

Apristuris spp

Chlamydoselachus anguineus

Deania calcea

Galeus melastomus

Galeus murinus

Hexanchus griseus

Etmopterus spinax

Oxynotus paradoxus

Scymnodon ringens

Somniosus microcephalus

Gulper shark

Leafscale gulper shark

Black dogfish

Portuguese dogfish

Longnose velvet dogfish

Kitefin shark

Greater lanternshark

Iceland catchark

Frilled shark

Birdbeak dogfish

Blackmouth dogfish

Mouse catshark

Bluntnose six-gilled shark

Velvet belly

Sailfin roughshark (Sharpback shark)

Knifetooth dogfish

Greenland shark

x

x

x

x

x

x

x

x

Alepocephalidae

Alepocephalus Bairdii

Alepocephalus rostratus

Smoothheads (Slickheads)

Baird's smoothhead

Risso's smoothhead

Aphanopus carbo

Black scabbardfish

Argentina silus

Greater silver smelt

Beryx spp.

Alfonsinos

Chaceon (Geryon) affinis

Deep-water red crab

x

Chimaera monstrosa

Hydrolagus mirabilis

Rhinochimaera atlantica

Rabbit fish (rattail)

Large-eyed rabbitfish (Ratfish)

Straightnose rabbitfish

x

x

x

Coryphaenoides rupestris

Roundnose grenadier

Epigonus telescopus

Black cardinalfish

x

Helicolenus dactilopterus

Bluemouth (Bluemouth redfish)

Hoplostethus atlanticus

Orange roughy

x

Macrourus berglax

Roughhead grenadier (Rough rattail)

Molva dypterigia

Blue ling

Mora moro

Antimora rostrata

Common mora

Blue antimora (Blue hake)

x

x

Pagellus bogaraveo

Red (blackspot) seabream

Phycis blennoides

Greater Forkbeard

Polyprion americanus

Wreckfish

Reinhardtius hippoglossoides

Greenland halibut

Cataetyx laticeps

x

Hoplosthetus mediterraneus

Silver roughy (Pink)

x

Macrouridae

other than Coryphaenoides rupestris and Macrourus berglax

Grenadiers (rattails)

other than roundnose grenadier and roughhead grenadier

Nesiarchus nasutus

Black gemfish

Notocanthus chemnitzii

Snubnosed spiny eel

Raja fyllae

Raja hyperborea

Raja nidarosiensus

Round skate

Arctic skate

Norwegian skate

x

Trachyscorpia cristulata

Spiny (deep-sea) scorpionfish

Section 2: Species regulated in NEAFC in addition

Lepidopus caudatus

Silver scabbard fish (Cutless fish)

x

Lycodes esmarkii

Greater Eelpout

Sebastes viviparus

Small redfish (Norway haddock)

Amendment 132
Proposal for a regulation
Annex II – point 4 a (new)
4a.  The Commission shall ensure that data is collected in a timely manner , in a way that is harmonised in all Member States, and that it is accurate, reliable and comprehensive.
Amendment 133
Proposal for a regulation
Annex II – point 4 b (new)
4b.  The Commission shall ensure safe storage of collected data, making it publicly available, save in exceptional circumstances where appropriate protection and confidentiality are required where the reasons for such restrictions are declared.
Amendment 134
Proposal for a regulation
Annex II a (new)
Annex II a

Impact assessments referred to in Article 7(2)

The impact assessments to establish the deep-sea fishing activities referred to in Article 7(2) shall address, inter alia:

1. the type(s) of fishing conducted, including vessels and gear types, fishing areas and the depth range at which the activities will be deployed, individual species targeted and potential by-catch species, fishing effort levels and the duration of fishing;
2. best available scientific information on the current state of fish stocks and baseline information on the ecosystems and habitats in the fishing area, against which future changes are to be compared;
3. identification, description and mapping of vulnerable marine ecosystems known or likely to occur in the fishing area;
4. data and methods used to identify, describe and assess the impact of the activity, the identification of gaps in knowledge, and an evaluation of uncertainties in the information presented in the assessment;
5. the identification, description and evaluation of the occurrence, scale and duration of likely impact by the fishing operations, including cumulative impacts of fishing activities, particularly on vulnerable marine ecosystems and low-productivity fishery resources in the fishing area;
6. the proposed mitigation and management measures to be used to prevent significant adverse impact on vulnerable marine ecosystems and ensure long-term conservation and sustainable management of low-productivity fishery resources, and the measures to be used to monitor effects of the fishing operations.

(1) OJ C 133, 9.5.2013, p. 41.

Last updated: 18 December 2013Legal notice