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Procedure : 2016/0074(COD)
Document stages in plenary
Document selected : A8-0381/2017

Texts tabled :

A8-0381/2017

Debates :

PV 15/01/2018 - 13
CRE 15/01/2018 - 13

Votes :

PV 16/01/2018 - 5.3
CRE 16/01/2018 - 5.3

Texts adopted :

P8_TA(2018)0003

Texts adopted
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Tuesday, 16 January 2018 - Strasbourg Final edition
Conservation of fishery resources and protection of marine ecosystems through technical measures ***I
P8_TA(2018)0003A8-0381/2017

Amendments adopted by the European Parliament on 16 January 2018 on the proposal for a regulation of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 1224/2009 and Regulations (EU) No 1343/2011 and (EU) No 1380/2013 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (COM(2016)0134 – C8-0117/2016 – 2016/0074(COD)) (1) (Ordinary legislative procedure: first reading)
Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Title
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 1224/2009 and Regulations (EU) No 1343/2011 and (EU) No 1380/2013 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 1224/2009 and Regulation (EU) No 1380/2013 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 and Commission Regulation (EC) No 494/2002
Amendment 2
Proposal for a regulation
Recital 2 a (new)
(2a)   Simplification of the existing rules is necessary for a better understanding and compliance by operators, national authorities and stakeholders. The consultation process of the Advisory Councils should be respected in accordance with Regulation (EU) No 1380/2013, and attention should be paid to ensure that all objectives on conservation and sustainability are fully respected.
Amendment 3
Proposal for a regulation
Recital 2 b (new)
(2b)   Simplification of the current rules on technical measures should not result in a weakening of the standards of conservation and sustainability.
Amendment 4
Proposal for a regulation
Recital 3
(3)  There is a need to develop a framework for the regulation of technical measures. That framework should establish general rules to apply across all Union waters and provide for the creation of technical measures that take account of the regional specificities of fisheries through the process of regionalisation introduced by the CFP.
(3)  There is a need to develop a framework for the regulation of technical measures. That framework should establish general rules to apply across all Union waters and provide for the creation of technical measures that take account of the regional specificities of fisheries through the process of regionalisation introduced by the CFP. That process should make it possible to combine effectively the common rules and local situations and situations per zone. However, the process should not result in a kind of renationalisation of the CFP, and it is important that the Advisory Councils should continue to ensure that regionalisation takes place under a Union approach in accordance with Recital 14 of Regulation (EU) No 1380/2013.
Amendment 5
Proposal for a regulation
Recital 4
(4)  The framework should cover the taking and landing of fisheries resources as well as the operation of fishing gears and the interaction of fishing activities with marine ecosystems.
(4)  The framework should cover the taking and landing of fisheries resources as well as the operation of fishing gears and the interaction of fishing activities with marine ecosystems and also take into account socio-economic dynamics .
Amendment 6
Proposal for a regulation
Recital 6
(6)  Technical measures where relevant should apply to recreational fisheries which can have a significant impact on the stocks of fish and shellfish species.
(6)  Recreational fisheries can have a significant impact on the marine environment, stocks of fish and other species, and should therefore be subject to technical measures .
Amendment 7
Proposal for a regulation
Recital 6 a (new)
(6a)   Fish caught by recreational anglers (hook and line fishing) are released with a high survival rate, until proven otherwise by scientific evidence.
Amendment 8
Proposal for a regulation
Recital 6 b (new)
(6b)   The landing obligation applies, pursuant to Regulation (EU) No 1380/2013, to all catches of species which are subject to catch limits. However, where specimens of those species are caught and immediately released in recreational fisheries and scientific evidence demonstrates high survival rates for those species, as may be the case for fish caught by recreational fishermen using angling equipment, it should be possible to exclude the fisheries concerned from the landing obligation by applying procedures set out in that Regulation, in particular by adopting measures to that effect under multiannual plans and/or discard plans.
Amendment 9
Proposal for a regulation
Recital 7
(7)  Technical measures should contribute to achieving the CFP objectives to fish at maximum sustainable yield levels, reduce unwanted catches and eliminate discards and to contribute to the achievement of good environmental status (GES) as set out in Directive 2008/56/EC of the European Parliament and of the Council 18 .
(7)  Technical measures should contribute to achieving the CFP objectives.
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18 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 (OJ L 164, 25.6.2008, p. 19).
Amendment 10
Proposal for a regulation
Recital 7 a (new)
(7a)  Technical measures should be proportionate to the objectives pursued. Their potential economic and social impact should be considered before they are adopted.
Amendment 11
Proposal for a regulation
Recital 7 b (new)
(7b)   The enforcement and implementation of technical measures, operational programmes and, where relevant, the issuing of licences, restrictions on the construction and operation of vessels and certain gear, should not be prejudicial to achieving better health and safety standards for vessels conducting fishing operations and fishing activities.
Amendment 12
Proposal for a regulation
Recital 7 c (new)
(7c)   Technical measures adopted under this Regulation should be coherent with the Strategic Plan for Biodiversity 2011 – 2020, adopted under the UN Convention on Biological Diversity, and support the implementation of the EU 2020 Biodiversity Strategy, in particular the target to ensure the sustainable use of fisheries resources and the actions relating thereto.
Amendment 13
Proposal for a regulation
Recital 8
(8)  Technical measures should specifically provide protection for juveniles and spawning aggregations of fish through the use of selective fishing gears and avoidance measures. Technical measures should also minimise and eliminate where possible, the impacts of fishing gears on the marine ecosystem and in particular on sensitive species and habitats. They should also contribute to having in place management measures for the purposes of complying with obligations under Council Directive 92/43/EEC19 , Directive 2009/147/EC of the European Parliament and of the Council20 and Directive 2008/56/EC.
(8)  Technical measures should specifically contribute to the protection of juveniles and spawning aggregations of fish through the use of selective fishing gears and avoidance measures. Technical measures should also contribute to minimising and, where possible, eliminating the negative impacts of fishing gears on the marine ecosystem and in particular on sensitive species and habitats. Incentives should be granted to encourage the use of gear and practices that have a low impact on the environment. Technical measures should also contribute to having in place management measures for the purposes of complying with obligations under Council Directive 92/43/EEC19 , Directive 2009/147/EC of the European Parliament and of the Council20 and Directive 2008/56/EC.
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19 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
19 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
20 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
20 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
Amendment 14
Proposal for a regulation
Recital 8 a (new)
(8a)   The incidental catching of sensitive species should be addressed in a comprehensive manner across all fisheries and gear types in view of the strict level of protection they are afforded under Directives 92/43/EEC, 2009/147/EC and 2008/56/EC, their high level of vulnerability and the obligation to achieve a good environmental status by 2020.
Amendment 15
Proposal for a regulation
Recital 9
(9)  To evaluate the effectiveness of technical measures, targets relating to the levels of unwanted catches; to the level of bycatches of sensitive species and to the extent of seabed habitats adversely affected by fishing; should be established that reflect the objectives of the CFP, Union environmental legislation (in particular Council Directive 92/43 and Directive 2000/60/EC of the European Parliament and of the Council21 ), and international best practice .
(9)  To evaluate the effectiveness of technical measures, performance indicators relating to the reduction of catches of fish below the minimum conservation reference size and incidental catches of sensitive species as well as to the reduction of negative environmental impacts on marine habitats as a result of fishing should be established that reflect the objectives of the CFP and Union environmental legislation (in particular Directive 92/43/EEC, Directive 2009/147/EC and Directive 2000/60/EC of the European Parliament and of the Council21 ).
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21 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
21 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
Amendment 16
Proposal for a regulation
Recital 9 a (new)
(9a)   Member States should make the broadest possible use of the available measures in Regulation (EU) No 508/2014 of the European Parliament and of the Council 1a to support fishermen in implementing technical measures and ensure that the socio-economic objectives of the CFP are taken into account.
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1a Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).
Amendment 17
Proposal for a regulation
Recital 11
(11)  Certain destructive fishing gears or methods which use explosives, poisons, stupefying substances, electric current, pneumatic hammers or other percussive instruments; towed devices and grabs for harvesting red coral or other type of corals and coral-like species and certain spear-guns should be prohibited except in the specific case of the electric pulse trawl which may be used under certain strict conditions .
(11)  Certain destructive fishing gears or methods which use explosives, poisons, stupefying substances, electric current, pneumatic hammers or other percussive instruments; towed devices and grabs for harvesting red coral or other type of corals and coral-like species and certain spear-guns should be prohibited. In this regard it is necessary to ensure that there is appropriate knowledge about the impacts of innovative fishing gear including cumulative effects, before use of the gear is widely adopted. Additionally, a system for monitoring, control and evaluation should be in place, serving for enforcement and research as well as evaluation purposes. Finally, current licences should be made subject to scientific reassessment, before being given a permanently “non-prohibited” status.
Amendment 18
Proposal for a regulation
Recital 11 a (new)
(11a)   There is a need for detailed and quantified knowledge concerning the impacts of innovative fishing gear including their cumulative effects on the marine environment and species, before their use is widely adopted on a commercial scale. An effective programme of monitoring and evaluation should be established.
Amendment 20
Proposal for a regulation
Recital 15
(15)  For certain rare fish species, such as species of sharks and rays, even limited fishing activity could result in a serious risk to their conservation. To protect such species a general prohibition on fishing for them should be introduced.
(15)  For certain fish species that are rare or whose biological characteristics make them especially vulnerable to overexploitation, even limited fishing activity could result in a serious risk to their conservation. To protect such species a general prohibition on fishing for them should be introduced.
Amendment 21
Proposal for a regulation
Recital 21
(21)  In order to assist the catching sector implement the landing obligation, Member States should put in place measures to facilitate the storage and the finding of outlets for marine species which are below the minimum conservation reference size. These measures should include support for investment in the construction and adaptation of landing sites and shelters or support for investment to add value to fishery products.
(21)  In order to assist the catching sector with the implementation of , and ensure a level playing field by having full compliance with, the landing obligation, Member States should put in place measures to facilitate the storage and the finding of outlets for marine species which are below the minimum conservation reference size. These measures should include support for investment in the construction and adaptation of landing sites and shelters or support for investment to add value to fishery products.
Amendment 22
Proposal for a regulation
Recital 23
(23)  In cases where scientific advice indicates that there are significant unwanted catches of species which are not subject to catch limits and therefore not subject to the application of the landing obligation , Member States should carry out pilot projects with the aim of exploring ways to reduce such catches and with a view to introducing appropriate technical measures to achieve this aim.
(23)  In cases where scientific advice indicates that there are significant unwanted catches of species, Member States should carry out pilot projects with the aim of exploring ways to reduce such catches and with a view to introducing appropriate technical measures to achieve this aim.
Amendment 23
Proposal for a regulation
Recital 24
(24)  Where no technical measures are in place at regional level then defined baseline standards should apply. Those baseline standards should be derived from existing technical measures, taking account of STECF advice and the opinions of stakeholders. They should consist of baseline mesh sizes for towed gears and static nets, minimum conservation reference sizes, closed or restricted areas, nature conservation measures to mitigate against bycatches of marine mammals and seabirds in certain areas and any other regionally specific measures currently in existence that are still required to ensure conservation objectives continue to be met until such times measures are put in place under regionalisation.
(24)  Where no technical measures are in place at regional level, defined baseline standards should apply. Those baseline standards should be derived from existing technical measures, taking account of STECF advice and the opinions of stakeholders. They should consist of baseline mesh sizes for towed gears and static nets, minimum conservation reference sizes, closed or restricted areas, nature conservation measures to minimise, and, where possible, eliminate incidental catches of marine mammals and seabirds in certain areas and any other regionally specific measures currently in existence that are still required to ensure conservation objectives continue to be met until such times measures are put in place under regionalisation.
Amendment 24
Proposal for a regulation
Recital 25
(25)  Member States in conjunction with stakeholders can develop joint recommendations for appropriate technical measures that deviate from the baselines in accordance with the regionalisation process set out in the CFP.
(25)  Member States, in close cooperation with the relevant Advisory Councils, should be able to develop joint recommendations for appropriate technical measures, based on the best available scientific advice, that deviate from the baselines to adapt the technical measures to regional specificities of fisheries in accordance with the regionalisation process set out in the CFP, even if there is no multiannual plan .
Amendment 25
Proposal for a regulation
Recital 26
(26)  Such regional technical measures should as a minimum be equivalent in terms of exploitation patterns and protection for sensitive species and habitats as the baseline standards.
(26)  Regionalisation should be used to create tailor-made measures that consider the specificities of each fisheries area including safeguarding their sensitive species and habitats. Such regional technical measures should be sustainable and as a minimum ensure the same exploitation patterns and level of protection as the baseline standards. The adoption of any regional technical measure should be based on the best available scientific advice.
Amendment 26
Proposal for a regulation
Recital 26 a (new)
(26a)   Decisions taken by regional groups of Member States under regionalisation should meet the same standards of democratic oversight as those in the Member States concerned.
Amendment 27
Proposal for a regulation
Recital 26 b (new)
(26b)   Regionalisation should be used as a tool to encourage the participation of all relevant stakeholders, including non-governmental organisations, and empower fishermen and their engagement so that they can work in close cooperation with Member States, Advisory Councils and scientists, to create tailor-made measures that consider the specificities of each fishing area and safeguard their environmental conditions.
Amendment 28
Proposal for a regulation
Recital 27 a (new)
(27a)   Where there is a direct management interest concerning a single Member State, proposals for individual technical measures may be submitted, to modify existing conservation measures, subject to consultation of the relevant Advisory Councils.
Amendment 29
Proposal for a regulation
Recital 28
(28)  In developing joint recommendations to adopt alternative size and species selective gears to the baseline mesh sizes in multiannual plans regional groups of Member States should ensure that such gears result in, as a minimum, similar or improved selectivity patterns as the baseline gears.
(28)  In developing joint recommendations to adopt alternative size and species selective gears to the baseline mesh sizes, regional groups of Member States should ensure that such gears result in, as a minimum, similar or improved selectivity patterns as the baseline gears.
Amendment 30
Proposal for a regulation
Recital 29
(29)  In developing joint recommendations to amend or establish new closed or restricted areas in multiannual plans to protect juveniles and spawning aggregations, regional groups of Member States should define the specifications, extent, duration, gear restrictions and control and monitoring arrangements in their joint recommendations.
(29)  In developing joint recommendations to amend or establish new closed or restricted areas to protect juveniles and spawning aggregations, regional groups of Member States should define the specifications, extent, duration, gear restrictions and control and monitoring arrangements in their joint recommendations.
Amendment 31
Proposal for a regulation
Recital 30
(30)  In developing joint recommendations to amend or establish minimum conservation reference sizes in multiannual plans , regional groups of Member States should ensure the objectives of the CFP are not jeopardised by ensuring that the protection of juveniles of marine species should be respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created.
(30)  In developing joint recommendations to amend or establish minimum conservation reference sizes, regional groups of Member States should contribute to achieving the objectives of the CFP by ensuring that the protection of juveniles of marine species is fully respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created.
Amendment 32
Proposal for a regulation
Recital 31
(31)  The creation of real-time closures in conjunction with moving-on provisions as an additional measure for the protection of juveniles or spawning aggregations should be allowed as an option to be developed under joint recommendations. The conditions for the establishment and lifting of such areas as well as the control and monitoring arrangements should be defined in the relevant joint recommendations.
(31)  The creation of real-time closures in conjunction with moving-on provisions as an additional measure for the protection of juveniles or spawning aggregations or sensitive species should be allowed as an option to be developed under joint recommendations. The conditions for the establishment and lifting of such areas, including exemptions where appropriate, as well as the control and monitoring arrangements should be defined in the relevant joint recommendations.
Amendment 33
Proposal for a regulation
Recital 32
(32)  On the basis of scientific assessment of the impacts of innovative gears, duly evaluated by the STECF, the use of such or extension to the use of novel gears, such as the electric pulse trawl could be included as an option in joint recommendations from regional groups of Member States. The use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative impacts on sensitive habitats and non-target species.
(32)  On the basis of scientific assessment of the impacts of innovative gears, duly evaluated by the STECF, including the potential negative impact of certain gears, the use or the extension of use of innovative gears could be included as an option in joint recommendations from regional groups of Member States. The use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative direct or cumulative impacts on marine habitats, especially sensitive habitats or non-target species, or compromise the achievement of a good environmental status of marine waters .
Amendment 268
Proposal for a regulation
Recital 32 a (new)
(32a)  Regional groups should develop additional mitigation measures based on gear type, using scientific advice and best practice to minimise and, where possible, eliminate bycatches of seabirds and marine mammals, aligned with Council Directive 92/43/EEC and Council Directive 79/409/EEC 1a and the Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas of 17 March 1992, as amended (ASCOBANS).
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1a Council Directive of 2 April 1979 on the conservation of wild birds (79/409/EEC) (OJ L 103, 25.4.1979, p. 1).
Amendment 34
Proposal for a regulation
Recital 33
(33)  In order to minimise the bycatches of sensitive species and impacts of fishing gears on sensitive habitats, regional groups of Member States should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats. Where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then Member States should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region. In particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds.
(33)  In order to minimise and, where possible, eliminate the incidental catches of sensitive species and impacts of fishing gears on sensitive habitats, regional groups of Member States should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats. Where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then Member States should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region to safeguard the marine environment, local fish stocks and the local coastal communities concerned . In particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds.
Amendment 35
Proposal for a regulation
Recital 35
(35)   In order to maintain existing detailed recommendations agreed by the North East Atlantic Fisheries Commission (NEAFC) the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of lists of vulnerable marine ecosystems and also specific technical measures related to defined measures to protect blue ling and redfish. The Commission should also be empowered to adopt delegated acts in respect of the incorporation into Union law of future amendments of those measures adopted by NEAFC which form the subject matter of certain expressly defined non-essential elements of this Regulation and which become binding upon the Union in accordance with the terms of this Convention. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
deleted
Amendment 36
Proposal for a regulation
Recital 36
(36)  In order not to hinder scientific research, artificial restocking and transplantation, the provisions of this Regulation should not apply to operations which may be necessary for the conducting of such activities.
(36)  In order not to hinder scientific research, direct restocking and transplantation, the provisions of this Regulation should not apply to operations which may be necessary for the conducting of such activities.
Amendment 37
Proposal for a regulation
Recital 37
(37)  Where available scientific advice indicates that immediate action is required to protect marine species, the Commission should be able in duly justified cases to adopt immediately applicable delegated acts establishing technical measures to alleviate such threats, in addition to or by way of derogation to this Regulation or technical measures otherwise fixed in accordance with Union law. Those measures should be designed in particular to address unexpected changes in stock patterns as a result of high or low levels of recruitment of juveniles into a stock, to provide protection for spawning fish or shellfish when stocks are at very low levels or other changes in the conservation status of fish stocks which may threaten the status of a stock. They could include restrictions on the use of towed or static gears or on fishing activities in certain areas or during certain periods.
(37)  Where the best available scientific advice indicates that immediate action is required to protect marine species and habitats , the Commission should be able in duly justified cases to adopt immediately applicable delegated acts establishing technical measures to alleviate such threats, in addition to or by way of derogation to this Regulation or technical measures otherwise fixed in accordance with Union law. Those measures should be designed in particular to address unexpected changes in stock patterns as a result of high or low levels of recruitment of juveniles into a stock, or incidental catches of sensitive species, to provide protection for spawning fish or shellfish when stocks are at very low levels or other changes in the conservation status of fish stocks or sensitive species, which may threaten the status of a stock, as well as to address deterioration of species populations and habitats due to fishing impacts and to provide for any other necessary conservation measures. Such measures could include restrictions on the use of towed or static gears or on fishing activities in certain areas or during certain periods.
Amendment 38
Proposal for a regulation
Recital 38
(38)  The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to update the list of fish and shellfish for which directed fishing is prohibited; to update the list of sensitive areas where fishing should be restricted; to adopt technical measures as part of multiannual plans; and to adopt technical measures as part of temporary discard plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(38)  The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to define, for the purpose of establishing performance indicators for technical measures in relation to catches of fish below the minimum conservation reference size, key fisheries and the levels of such catches that apply to those key fisheries, to update the list of fish and shellfish for which directed fishing is prohibited; to update the list of sensitive areas where fishing should be restricted; to adopt technical measures as part of multiannual plans or, where necessary, outside the framework of multiannual plans; and to adopt technical measures as part of temporary discard plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and based on STECF assessment . The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 39
Proposal for a regulation
Recital 40
(40)  By the end of 2020 and every third year thereafter the Commission should report to the European Parliament and to the Council on the implementation of this Regulation, on the basis of information supplied by Member States and the relevant Advisory Councils and following evaluation by the STECF. This report should assess the extent to which technical measures both regionally and at Union level have contributed to achieving the objectives and in reaching the targets of this Regulation. On the basis of that report, where at regional level there is evidence that the objectives and targets have not been met, Member States within that region should submit a plan setting out the corrective actions to be taken to ensure those objectives and targets can be met. The Commission should also propose to the European Parliament and to the Council any necessary amendments to this Regulation on the basis of that report.
(40)  By ... [three years after the date of entry into force of this Regulation] and every third year thereafter the Commission should report to the European Parliament and to the Council on the implementation of this Regulation, on the basis of information supplied by Member States and the relevant Advisory Councils and following evaluation by the STECF. This report should assess the extent to which technical measures both regionally and at Union level have contributed to achieving the objectives and in reaching the performance indicator levels of this Regulation. On the basis of that report, where at regional level there is evidence that the objectives have not been met or that the performance indicators remain at an unsatisfactory level , Member States within that region should submit a plan setting out the corrective actions to be taken to ensure those objectives can be met and to improve the performance indicator levels . The Commission should also propose to the European Parliament and to the Council any necessary amendments to this Regulation on the basis of that report.
Amendment 40
Proposal for a regulation
Recital 42
(42)  Council Regulations (EC) No 1967/200629 , (EC) No 1098/200730 , (EC) No 1224/2009 31 and Regulations (EU) No 1343/2011 32 and (EU) No 1380/201333 of the European Parliament and of the Council should be amended accordingly.
(42)  Council Regulations (EC) No 1967/200629 , (EC) No 1098/200730 , (EC) No 1224/200931 and Regulation (EU) No 1380/201333 of the European Parliament and of the Council should be amended accordingly.
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29 Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006 p.11).
29 Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006 p.11).
30 Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97 (OJ L 248, 22.9.2007, p. 1).
30 Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97 (OJ L 248, 22.9.2007, p. 1).
31 Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1.).
31 Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1.).
32 Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 347, 30.12.2001, p. 44).
33 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 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 354, 28.12.2013, p. 22).
33 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 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 354, 28.12.2013, p. 22).
Amendment 41
Proposal for a regulation
Recital 43
(43)   In order to supplement or amend existing detailed rules transposing recommendations agreed by the General Fisheries Commission for the Mediterranean (GFCM) the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of technical measures in Regulation (EU) No 1343/2011. The Commission should also be empowered to adopt delegated acts in respect of the incorporation into Union law of future amendments of those measures adopted by GFCM which form the subject matter of certain expressly defined non-essential elements of this Regulation and which become binding upon the Union in accordance with the terms of the GFCM Agreement. Regulation (EU) No 1343/2011 should be amended accordingly. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
deleted
Amendment 42
Proposal for a regulation
Article 1 – paragraph 1 – point b
(b)  the operation of fishing gears and the interaction of fishing activities with marine ecosystems .
(b)  the operation of fishing gears.
Amendment 43
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
(ba)   the interaction of those gears with marine ecosystems.
Amendment 44
Proposal for a regulation
Article 2 – paragraph 1
1.  This Regulation shall apply to activities pursued by Union fishing vessels and nationals of Member States, without prejudice to the primary responsibility of the flag State, in the fishing zones referred to in Article 5 as well as by fishing vessels flying the flag of, and registered in, third countries when fishing in Union waters.
1.  Without prejudice to Article 29, this Regulation shall apply to all fishing activities (recreational and commercial) pursued by Union fishing vessels and nationals of Member States, without prejudice to the primary responsibility of the flag State, in the fishing zones referred to in Article 5 as well as by fishing vessels flying the flag of, and registered in, third countries when fishing in Union waters.
Amendment 45
Proposal for a regulation
Article 2 – paragraph 2
2.  Articles 7 and 14 and Part A of Annexes V to X shall also apply to recreational fisheries.
2.  This Regulation shall also apply to recreational fisheries.
Amendment 46
Proposal for a regulation
Article 3 – paragraph 1
1.  As tools to support the implementation of the Common Fisheries Policy (CFP), technical measures shall contribute to the objectives of the CFP set out in Article 2 of Regulation (EU) No 1380/2013 and in particular in paragraphs 2, 3 and 5(a) and (j) of that Article .
1.  Technical measures shall contribute to the objectives of the CFP set out in Article 2 of Regulation (EU) No 1380/2013.
Amendment 47
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
2.  In addition, technical measures shall in particular:
2.  Technical measures shall in particular contribute to achieving the following objectives :
Amendment 48
Proposal for a regulation
Article 3 – paragraph 2 – point a
(a)  optimise exploitation patterns to provide protection for juveniles and spawning aggregations of marine species;
(a)  ensuring sustainable exploitation patterns to provide protection for juveniles and spawning aggregations of marine species; and providing appropriate safeguards;
Amendment 49
Proposal for a regulation
Article 3 – paragraph 2 – point b
(b)  ensure that bycatches of marine species listed under Directives 92/43/EEC and 2009/147/EC and other sensitive species that result from fishing are minimised and where possible eliminated such that they do not represent a threat to the conservation status of these species ;
(b)  ensuring that incidental catches of sensitive marine species, in particular those listed under Directives 92/43/EEC and 2009/147/EC, that result from fishing are minimised and where possible eliminated;
Amendment 50
Proposal for a regulation
Article 3 – paragraph 2 – point c
(c)  ensure that the environmental impacts of fishing on marine habitats are minimised and where possible eliminated such that they do not represent a threat to the conservation status of those habitats ;
(c)  ensuring, including by using appropriate incentives, that the negative environmental impacts of fishing on marine habitats are minimised and where possible eliminated;
Amendment 51
Proposal for a regulation
Article 3 – paragraph 2 – point d
(d)  contribute to having in place fisheries management measures for the purposes of complying with the obligations under Directives 92/43/EEC, 2009/147/EC, 2008/56/EC and 2000/60/EC.
(d)  having in place fisheries management measures for the purposes of complying with the obligations under Directives 92/43/EEC, 2009/147/EC, 2008/56/EC and 2000/60/EC.
Amendments 294 and 300
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
(da)   ensuring that the conditions described in Descriptors 1, 3, 4 and 6 of Commission Decision 2010/477/EU are fulfilled.
Amendment 52
Proposal for a regulation
Article 4 – title
Targets
Performance indicators
Amendment 53
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1.  Technical measures shall aim to achieve the following targets :
1.  In order to assess whether technical measures contribute to achieving the objectives referred to in Article 3, the following performance indicators shall be used :
Amendment 54
Proposal for a regulation
Article 4 – paragraph 1 – point a
(a)  ensure that catches of marine species below minimum conservation reference sizes do not exceed 5% by volume in accordance with Article 2(2) and Article 15 of Regulation (EU) No 1380/2013.
(a)  the extent to which catches of marine species below minimum conservation reference sizes are progressively reduced to specific levels for key fisheries;
Amendment 55
Proposal for a regulation
Article 4 – paragraph 1 – point b
(b)  ensure that bycatches of marine mammals, marine reptiles, seabirds and other non-commercially exploited species do not exceed levels provided for in Union legislation and international agreements.
(b)  the extent to which incidental catches of marine mammals, marine reptiles, seabirds and other non-commercially exploited species are progressively reduced and, where possible, eliminated;
Amendment 56
Proposal for a regulation
Article 4 – paragraph 1 – point c
(c)  ensure that the environmental impacts of fishing activities on seabed habitats do not exceed the levels needed to achieve good environmental status for each habitat type assessed in the framework of Directive 2008/56/EC in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achieved.
(c)  the extent to which the negative environmental impacts of fishing activities on marine habitats, including sensitive seabed habitats, are minimised and maintained below the levels needed to achieve good environmental status, in particular for each of the habitat types assessed in the framework of Directive 2008/56/EC, in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achieved.
Amendment 57
Proposal for a regulation
Article 4 – paragraph 1 a (new)
1a.  The Commission is empowered to adopt delegated acts in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 supplementing this Regulation by defining, for the purpose of point (a) of paragraph 1 of this Article:
(a)  the key fisheries referred to in that point;
(b)  the levels of current catches of marine species below minimum conservation reference sizes for each of those key fisheries, based on data supplied by Member States for the reference years 2013-2015;
(c)  the specific levels to which catches of marine species below minimum conservation reference sizes for each of those key fisheries are to be reduced in order to achieve the objective of ensuring sustainable exploitation patterns and to provide protection for juveniles.
When establishing the specific levels referred to in point (c) of the first subparagraph, account shall be taken of the best available scientific advice, including by STECF, as well as of existing and future technical possibilities in relation to the avoidance of catches of marine species below minimum conservation reference size.
Amendment 58
Proposal for a regulation
Article 4 – paragraph 1 b (new)
1b.  For the purpose of the delegated acts referred to in paragraph 1a, the Member States may submit a joint recommendation in accordance with Article 18(1) of Regulation (EU) No 1380/2013 by ... [12 months after the date of entry into force of this Regulation].
Amendment 59
Proposal for a regulation
Article 4 – paragraph 1 c (new)
1c.  Where no joint recommendation has been submitted by the deadline set out in paragraph 1b of this Article, or if a joint recommendation submitted by Member States is deemed not to be compatible with the objectives of this Regulation, the Commission shall by ... [18 months after the date of entry into force of this Regulation], and by way of derogation from Article 18(6) of Regulation (EU) No 1380/2013, adopt delegated acts supplementing this Regulation by defining the elements referred to in the first subparagraph of paragraph 1a of this Article, in accordance with Article 32 of this Regulation.
Amendment 60
Proposal for a regulation
Article 4 – paragraph 1 d (new)
1d.  In order to achieve a progressive reduction of catches of marine species below minimum conservation reference sizes to levels which ensure sustainable exploitation patterns, the specific levels referred to in point (c) of the first subparagraph of paragraph 1a shall be reviewed every three years, using the procedure set out in paragraphs 1a, 1b and 1c, and they shall be further reduced, where appropriate, in accordance with the best available scientific advice and existing and future technical possibilities in relation to the avoidance of such catches.
Amendment 61
Proposal for a regulation
Article 4 – paragraph 2
2.  The extent to which these targets have been achieved shall be reviewed as part of the reporting process set out in Article 34.
2.  The assessment referred to in paragraph 1 shall be undertaken in the context of the reporting process set out in Article 34.
Amendment 346
Proposal for a regulation
Article 4 a (new)
Article 4a
Socio-economic objectives
In order to take into account the socio-economic objectives set out in points (c), (f) and (i) of Article 2(5) of Regulation (EU) No 1380/2013, when adopting and implementing technical and conservation measures, Member States shall make extensive use of the measures set out in Articles 38, 39 and 40 of Regulation (EU) No 508/2014.
Amendment 62
Proposal for a regulation
Article 5 – paragraph 1 – point a
(a)  'North Sea' means ICES divisions34 IIa, IIIa and IV;
(a)  'North Sea' means Union waters in ICES divisions34 IIa, IIIa and IV;
__________________
__________________
34 ICES (International Council for the Exploration of the Sea) divisions are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).
34 ICES (International Council for the Exploration of the Sea) divisions are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).
Amendment 63
Proposal for a regulation
Article 5 – paragraph 1 – point c
(c)  ‘North Western waters’ means ICES sub-areas V (excluding Va and non-Union waters of Vb) , VI and VII;
(c)  ‘North Western waters’ means Union waters in ICES sub-areas V , VI and VII;
Amendment 64
Proposal for a regulation
Article 5 – paragraph 1 – point g
(g)  ‘Outermost Regions’ means waters around the outermost regions as referred to in the first paragraph of Article 349 of the Treaty divided into three sea basins: West Atlantic, East Atlantic and Indian Ocean ;
(g)  ‘Union waters in the Indian Ocean and the West Atlantic’ means waters around Guadeloupe, French Guyana, Martinique, Mayotte, Réunion and Saint Martin under the sovereignty or jurisdiction of a Member State .
Amendment 65
Proposal for a regulation
Article 6 – paragraph 1 – point 1
(1)  ‘exploitation pattern’ means how fishing pressure is distributed across the age profile of a stock;
(1)  ‘exploitation pattern’ means how fishing mortality is distributed across the age and size profile of a stock;
Amendment 66
Proposal for a regulation
Article 6 – paragraph 1 – point 2
(2)  'selectivity' means a quantitative expression represented as a probability of capture of a certain size of fish in a certain size of mesh (or hook) ;
(2)  ‘selectivity’ means the probability of capture of a certain species or size of fish with certain gear characteristics ;
Amendment 67
Proposal for a regulation
Article 6 – paragraph 1 – point 3
(3)   ‘selective fishing’ means a fishing method's ability to target and capture fish or shellfish by size and species type during the fishing operation allowing non-target species to be avoided or released unharmed;
deleted
Amendment 68
Proposal for a regulation
Article 6 – paragraph 1 – point 4
(4)  'directed fishing' means fishing for a defined species or combination of species where the total catch of that/those species makes up more than 50% of the economic value of the catch ;
(4)  ‘directed fishing’ means fishing effort targeted towards a specific species or group of species where the exact composition varies across fisheries and the specific rules governing the minimum technical specifications of mesh sizes and selective devices by fishery is established at regional level ;
Amendment 69
Proposal for a regulation
Article 6 – paragraph 1 – point 5 a (new)
(5a)   ‘conservation status of a species’ means the conservation status of species as defined in point (i) of Article 1 of Directive 92/43/EEC;
Amendment 70
Proposal for a regulation
Article 6 – paragraph 1 – point 5 b (new)
(5b)   ‘conservation status of a habitat’ means the conservation status of a natural habitat as defined in point (e) of Article 1 of Directive 92/43/EEC;
Amendment 71
Proposal for a regulation
Article 6 – paragraph 1 – point 7
(7)  ‘sensitive species’ means a species whose conservation status, including its habitat, distribution, population size and population condition is adversely affected by pressures arising from human activities, including fishing activities. Sensitive species, in particular, include species listed in Annexes II and IV of Directive 92/43/EEC, species covered by Directive 2009/147/EC and species whose protection is necessary to achieve good environmental status under Directive 2008/56/EC;
(7)  ‘sensitive species’ means a species whose conservation status, including its habitat, distribution, population size or population condition is adversely affected by pressures arising from human activities, including fishing activities. Sensitive species, in particular, include species listed in Annexes II and IV of Directive 92/43/EEC, species covered by Directive 2009/147/EC and species whose protection is necessary to achieve good environmental status under Directive 2008/56/EC;
Amendment 72
Proposal for a regulation
Article 6 – paragraph 1 – point 8
(8)  ‘small pelagic species’ means mackerel, herring, horse mackerel, anchovy, sardine, blue whiting, argentine, sprat, boarfish;
(8)  ‘small pelagic species’ means inter alia mackerel, herring, horse mackerel, anchovy, sardine, blue whiting, argentine, sprat, boarfish, bogue, Sardinella aurita and Sardinella maderensis ;
Amendment 73
Proposal for a regulation
Article 6 – paragraph 1 – point 9 a (new)
(9a)   ‘traditional (subsistence) fisheries with passive fishing gears’ means non-commercial fishing activities exploiting marine living aquatic resources on a limited scale at local level, exclusively for personal needs and using only traditional fishing gear and techniques;
Amendment 74
Proposal for a regulation
Article 6 – paragraph 1 – point 10
(10)  ‘Advisory Councils’ means stakeholder groups established under the CFP to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives of the CFP ;
(10)  ‘Advisory Councils’ means stakeholder groups established under Article 43 of Regulation (EU) No 1380/2013, conducting their activity according to Article 44 and 45 of and Annex III to that Regulation ;
Amendment 75
Proposal for a regulation
Article 6 – paragraph 1 – point 11
(11)  'trawl' means fishing gear which is actively towed by one or more fishing vessels and consisting of a net having a cone- or pyramid-shaped body (as trawl body) closed at the back by a codend; 'towed gear' means any trawls, Danish seines and similar gear with a cone- or pyramid shaped body closed at the back by a bag (codend) or comprising two long wings, a body and a bag (codend) and which are actively moved in the water ;
(11)  ‘trawl’ means a fishing gear comprising a net which is actively towed by one or more fishing vessels and closed at the back by a bag (codend);
Amendment 76
Proposal for a regulation
Article 6 – paragraph 1 – point 11 a (new)
(11a)   ‘towed gear’ means any trawls, Danish seines and similar gear which are actively moved in the water by one or more vessels or any other mechanical system;
Amendment 77
Proposal for a regulation
Article 6 – paragraph 1 – point 12
(12)  'demersal trawl' means a trawl designed and rigged to operate on or near the seabed;
(12)  ‘demersal bottom trawl’ means a trawl designed and rigged to operate on or near the seabed;
Amendment 78
Proposal for a regulation
Article 6 – paragraph 1 – point 13
(13)  'demersal pair trawl' means a demersal trawl towed by two boats simultaneously, one towing each side of the trawl. The horizontal opening of the trawl is maintained by the distance between the two vessels as they tow the gear;
(13)  ‘demersal pair bottom trawl’ means a bottom trawl towed by two boats simultaneously, one towing each side of the trawl. The horizontal opening of the trawl is maintained by the distance between the two vessels as they tow the gear;
Amendment 79
Proposal for a regulation
Article 6 – paragraph 1 – point 15
(15)  ‘beam trawl’ means gear with a trawl net open horizontally by a steel or wooden tube, the beam, and netting with ground chains, chain mats or tickler chains actively towed on the bottom ;
(15)  ‘beam trawl’ means gear with a trawl net open horizontally by a beam, wings or other similar devices ;
Amendment 80
Proposal for a regulation
Article 6 – paragraph 1 – point 16
(16)  ‘electric pulse trawl’ means a fishing technique which uses an electric field to catch fish. The pulse trawl gear consists of a number of electrodes, attached to the gear in the towing direction, that emit short electric pulses ;
(16)  ‘electric pulse trawl’ means a trawl which uses electric pulse current to catch marine biological resources ;
Amendment 81
Proposal for a regulation
Article 6 – paragraph 1 – point 17 a (new)
(17a)   ‘shore seines’ means surrounding nets and towed seines set from a boat and towed from the shore or from a boat moored or anchored to the shore;
Amendment 82
Proposal for a regulation
Article 6 – paragraph 1 – point 20
(20)  ‘static nets’ means any type of gillnet, entangling net or trammel net that is either anchored to the seabed (gill nets or set nets) or allowed to drift with the tide (drift nets) for fish to swim into and become entangled or enmeshed in the netting;
(20)  ‘static nets’ means any type of gillnet, entangling net or trammel net that is anchored to the seabed (gill nets or set nets) for fish to swim into and become entangled or enmeshed in the netting;
Amendment 83
Proposal for a regulation
Article 6 – paragraph 1 – point 21
(21)  ‘driftnet’ means a net made up of one or more walls of netting, hung jointly in parallel on the headline(s), held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift such as a sea-anchor or an anchor on the bottom attached at one single end of the net ;
(21)  ‘driftnet’ means a net held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift;
Amendment 84
Proposal for a regulation
Article 6 – paragraph 1 – point 22
(22)  ‘bottom-set gillnet’ means a net made up of a single piece of net and held vertically in the water by floats and weights. It catches living aquatic resources by enmeshing them and is fixed, or capable of being fixed by any means to the seabed ;
(22)  ‘gillnet’ means a static net made up of a single piece of net and held vertically in the water by floats and weights;
Amendment 85
Proposal for a regulation
Article 6 – paragraph 1 – point 23
(23)  ‘bottom-set entangling net’ means a single wall of netting rigged so that the netting is hung onto the ropes to create a greater amount of slack netting than a gillnet. Entangling nets usually have less floatation on the head rope and do not stand as high when fishing, as the average bottom set gill net and are fixed, or capable of being fixed by any means to the seabed ;
(23)  ‘entangling net’ means a static net consisting of a wall of netting rigged so that the netting is hung onto the ropes to create a greater amount of slack netting than a gillnet;
Amendment 86
Proposal for a regulation
Article 6 – paragraph 1 – point 24
(24)  ‘bottom-set trammel net’ means a net made up of two or more layers of netting with two outer layers of a large mesh size with a sheet of fine small mesh sandwiched between them and is fixed, or capable of being fixed by any means to the seabed ;
(24)  ‘trammel net’ means a static net made up of two or more layers of netting with two outer layers of a large mesh size with a sheet of small mesh sandwiched between them;
Amendment 87
Proposal for a regulation
Article 6 – paragraph 1 – point 26
(26)  ‘longline’ means a fishing gear consisting of a main line, sometimes of considerable length, to which snoods with baited or unbaited hooks are fixed at regular intervals. The main line is anchored either horizontally on or near the bottom, vertically or can be allowed to drift on the surface;
(26)  ‘longline’ means a fishing gear consisting of a main line of variable length, to which branch lines (snoods) with hooks are fixed at intervals determined by the target species . The main line is anchored either horizontally on or near the bottom, vertically or can be allowed to drift on the surface;
Amendment 88
Proposal for a regulation
Article 6 – paragraph 1 – point 27
(27)  ‘pots and creels’ means traps in the form of cages or baskets made with various materials designed to catch crustaceans or fish that are set on the seabed either singly or in rows connected by ropes (buoy-lines) to buoys on the surface showing their position and having one or more openings or entrances;
(27)  ‘pots and creels’ means traps in the form of cages or baskets designed to catch crustaceans, molluscs or fish that are set on the seabed or suspended on it, either singly or in rows connected by ropes (buoy-lines) to buoys on the surface showing their position and having one or more openings or entrances;
Amendment 89
Proposal for a regulation
Article 6 – paragraph 1 – point 28
(28)  ‘handline’ means a fishing technique where a single fishing line is held in the hands. One or more lures or baited hooks are attached to the line ;
(28)  ‘handline’ means a single hand-held fishing line to which one or more lures or baited hooks are attached;
Amendment 90
Proposal for a regulation
Article 6 – paragraph 1 – point 29
(29)  ‘St Andrews cross’ means a grab which employs a scissor-like action to harvest for example bivalve molluscs or red coral from the seabed;
(29)  ‘St Andrews cross’ means a grab which may employ a scissor-like action to harvest for example bivalve molluscs or red coral from the seabed;
Amendment 91
Proposal for a regulation
Article 6 – paragraph 1 – point 30
(30)  ‘codend’ means the rearmost part of the trawl, having either a cylindrical shape, i.e. the same circumference throughout, or a tapering shape. Made up of one or more panels (pieces of netting) of the same mesh size attached to one another along their sides in the axis of the trawl by a seam where a side rope may be attached. For regulatory purposes this shall be taken as the last 50 meshes of the net;
(30)  ‘codend’ means the rearmost part of the trawl, having either a cylindrical shape, i.e. the same circumference throughout, or a tapering shape. Made up of one or more panels (pieces of netting) attached to one another along their sides. For regulatory purposes this shall be taken as the last 50 meshes of the net;
Amendment 92
Proposal for a regulation
Article 6 – paragraph 1 – point 31
(31)  ‘mesh size’ means the mesh size of any codend of a towed gear as measured in accordance with the procedure set out in Commission Regulation (EC) No 517/2008 40 ;
(31)  ‘mesh size’ means:
(a)   in knotted nets: the greatest distance between two opposite knots on the same mesh when it is fully extended;
(b)   in knotless nets: the greatest distance between two opposite corners along the longest axis on the same mesh when it is fully extended;
__________________
40 Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets (OJ L 151, 11.6.2008, p. 5).
Amendment 93
Proposal for a regulation
Article 6 – paragraph 1 – point 32
(32)  ‘square mesh’ means the mesh shape originating from mounting netting with 45° deviation from the N-direction such that the bars run parallel and at 90° to the trawl axis;
(32)  ‘square mesh’ means a four-sided mesh consisting of two sets of parallel bars with the same nominal length, where one set is parallel, and the other is at a right angle to the longitudinal axis of the net ;
Amendment 94
Proposal for a regulation
Article 6 – paragraph 1 – point 33
(33)  ‘diamond mesh’ means normal rhomboid shape of meshes in sheet netting;
(33)  ‘diamond mesh’ means four bars of the same length, in which the diagonals of the mesh are perpendicular and one diagonal is parallel to the longitudinal axis of the netting;
Amendment 95
Proposal for a regulation
Article 6 – paragraph 1 – point 36
(36)   ‘sieve net’ means a device attached to the full circumference of the shrimp trawl near the beam, and tapering to an apex where it is attached to the bottom sheet of the shrimp trawl. An exit hole is cut where the sieve net and codend join, allowing species or individuals too large to pass through the sieve to escape, whereas the shrimp can pass through the sieve and into the codend;
deleted
Amendment 96
Proposal for a regulation
Article 6 – paragraph 1 – point 38
(38)  ‘immersion time’ means the period from the point of time when the nets are first put in the water until the point of time when the nets are fully recovered on board the fishing vessel;
(38)  ‘immersion time’ means the period from the point of time when a gear is first put in the water until the point of time when it is fully recovered on board the fishing vessel;
Amendment 97
Proposal for a regulation
Article 6 – paragraph 1 – point 39
(39)  ‘gear monitoring sensors’ means remote electronic sensors that can be placed on trawls or purse seine to monitor key performance parameters such as the distance between trawl doors or size of the catch;
(39)  ‘gear monitoring sensors’ means remote electronic sensors that are attached to monitor key parameters such as the distance between trawl doors or volume of the catch;
Amendment 98
Proposal for a regulation
Article 6 – paragraph 1 – point 39 a (new)
(39a)   ‘weighted line’ means a line of baited hooks with added weight to increase its sinking speed and thereby reduce its time of exposure to seabirds;
Amendment 99
Proposal for a regulation
Article 6 – paragraph 1 – point 40
(40)  'acoustic deterrent device' means remote devices used to make species such as marine mammals aware and warn them of the presence of fishing gears by emitting acoustic signals ;
(40)  'acoustic deterrent device' means remote devices that emit acoustic signals to deter species such as marine mammals from fishing gears;
Amendment 100
Proposal for a regulation
Article 6 – paragraph 1 – point 42
(42)  ‘high grading’ means the practice of discarding low priced fish that are subject to catch limits, even though they could have been legally landed, so as to maximise the total economic or monetary value of the fish brought back to harbour.
(42)  ‘high grading’ means the practice of discarding low priced fish that are subject to catch limits, even though they should have been legally landed, so as to maximise the total economic or monetary value of the fish brought back to harbour;
Amendment 101
Proposal for a regulation
Article 6 – paragraph 1 – point 43 a (new)
(43a)   ‘significant adverse impacts’ means significant adverse impacts as defined in point (c) of Article 2 of Regulation (EC) No 734/2008;
Amendment 102
Proposal for a regulation
Article 6 – paragraph 1 – point 45 a (new)
(45a)  'performance indicators' means a set of parameters aimed at assessing the efficiency of technical measures.
Amendments 303 and 349
Proposal for a regulation
Article 7 – paragraph 1 – point b
(b)  electric current except for the use of the electric pulse trawl as set out in Article 24 and Part E of Annex V ;
(b)  electric current;
Amendment 103
Proposal for a regulation
Article 7 – paragraph 1 – point g
(g)  any type of projectile;
(g)  any type of projectile, with the exception of those used to kill caged or trapped tuna and of handheld spears and spear guns used in recreational fishing without an aqualung, from dawn until dusk ;
Amendment 296
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Notwithstanding the provisions of Article 2, this Article shall apply in international waters and the waters of third countries.
Amendment 104
Proposal for a regulation
Article 9 – paragraph 1
1.  No part of any towed gear shall be constructed of a mesh size smaller than the codend mesh size. This provision shall not apply to netting devices used for the attachment of gear monitoring sensors.
1.  No part of any towed gear shall be of a mesh size smaller than the codend mesh size. This provision shall not apply to netting devices used for the attachment of gear monitoring sensors or to selectivity devices to improve size or species selectivity for marine species .
Amendment 105
Proposal for a regulation
Article 9 – paragraph 3
3.  It shall be prohibited to construct any codend or attach any device that obstructs or otherwise effectively diminishes the mesh size of the codend or any part of a towed gear. This provision shall not exclude the use of specified devices used to reduce wear and tear, to strengthen or to limit the escape of catches in the forward part of towed gears.
3.  The use and transport on board fishing vessels of any device that obstructs or otherwise effectively diminishes the mesh size of the codend or any part of a towed gear shall be prohibited . This provision shall not exclude the use of specified devices used to reduce wear and tear, to strengthen or to limit the escape of catches in the forward part of towed gears, or the installation of catch control devices.
Amendment 106
Proposal for a regulation
Article 10 – title
General restrictions on the use of static nets
General restrictions on the use of static nets and driftnets
Amendment 107
Proposal for a regulation
Article 10 – paragraph 4 – indent 1
—  Albacore (Thunnus alalunga),
(Does not affect English version.)
Amendment 108
Proposal for a regulation
Article 10 – paragraph 5
5.  It shall be prohibited to deploy any bottom set gillnet, entangling net and trammel nets at any position where the charted depth is greater than 600 metres.
5.  It shall be prohibited to deploy any bottom set gillnet, entangling net and trammel nets at any position where the charted depth is greater than 200 metres.
Amendment 109
Proposal for a regulation
Article 10 – paragraph 5 a (new)
5a.   Notwithstanding paragraph 5:
(a)  specific derogations as specified in Annex V Part C point 6, Annex VI Part C points 6 and 9 and Annex VII Part C point 4 shall apply where the charted depth is between 200 and 600 metres;
(b)  the deployment of bottom set gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres shall be allowed in the fishing zone defined in point (e) of Article 5.
Amendment 272
Proposal for a regulation
Article 10 – paragraph 5 b (new)
5b.  It shall be prohibited to deploy any bottom set gillnet, entangling net or trammel net in sites designated in accordance with Directives 92/43/EEC, 2009/147/EC and 2008/56/EC where this has an adverse effect on the conservation status of the sensitive species and habitats.
Amendment 111
Proposal for a regulation
Article 11 – paragraph 3
3.  When caught as bycatches , species referred to in paragraph 1 and 2 shall not be harmed and specimens shall be promptly released back into the sea.
3.  When caught accidentally , species referred to in paragraph 2 shall not be harmed and specimens shall be promptly released back into the sea.
Amendment 112
Proposal for a regulation
Article 11 – paragraph 3 a (new)
3a.   Paragraph 3 shall not apply when the flag Member State has an official programme that addresses the collection and scientific study of specimens of the species listed in Annex I.
Amendment 113
Proposal for a regulation
Article 11 – paragraph 4
4.  Where the best available scientific advice indicates that an amendment of the list in Annex I is necessary through the addition of new species which require protection, the Commission shall be empowered to adopt such amendments by means of delegated acts in accordance with Article 32.
4.  Where the best available scientific advice indicates that an amendment of the list in Annex I is necessary through the addition of new species which require protection or the deletion of species which no longer need to remain on the list , the Commission shall be empowered to adopt such amendments by means of delegated acts in accordance with Article 32.
Amendment 114
Proposal for a regulation
Article 11 – paragraph 5
5.  Measures adopted pursuant to paragraph 4 of this Article shall aim at achieving the target set out in Article 4(1)(b).
5.  Measures adopted pursuant to paragraph 4 of this Article should be preceded by an assessment of the performance indicators set out in Article 4(1)(b).
Amendment 115
Proposal for a regulation
Article 12 – title
Bycatches of marine mammals, seabirds and marine reptiles
Catches of marine mammals, seabirds and marine reptiles
Amendment 116
Proposal for a regulation
Article 12 – paragraph 2
2.  When caught as bycatch , species referred to in paragraph 1 shall not be harmed and specimens shall be promptly released.
2.  When caught accidentally , species referred to in paragraph 1 shall not be harmed and specimens shall be promptly released. Fishing vessel operators shall record and transmit to the relevant authorities information on those incidental catches, in accordance with Regulation (EU) 2017/1004 of the European Parliament and of the Council 1a .
_______________________
1a Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, p. 1).
Amendment 117
Proposal for a regulation
Article 12 – paragraph 3
3.  Notwithstanding paragraphs 1 and 2, the retention on board, transhipment or landing of specimens of marine species referred to in paragraph 1 which have been caught as bycatch , shall be authorised as far as this activity is necessary to secure assistance for the recovery of the individual animals and provided that the competent national authorities concerned have been fully informed in advance.
3.  Notwithstanding paragraphs 1 and 2, the retention on board, transhipment or landing of specimens of marine species referred to in paragraph 1 which have been caught accidentally , shall be permitted as far as this activity is necessary to secure assistance for the recovery of the individual animals. The retention on board, transhipment or landing of specimens of marine species shall be permitted where the specimen is dead and provided that it can be used for scientific purposes. The competent national authorities concerned shall be fully informed in advance.
Amendment 118
Proposal for a regulation
Article 12 – paragraph 3 a (new)
3a.   Paragraphs 1 and 2 shall not apply when the flag Member State has an official programme that addresses the collection and scientific study of specimens of seabirds, reptiles or marine mammals.
Amendment 119
Proposal for a regulation
Article 12 – paragraph 5
5.  Measures adopted pursuant to in paragraph 4 of this Article shall aim at achieving the target set out in Article 4(1)(b).
5.  Measures adopted pursuant to paragraph 4 of this Article shall aim at achieving the objectives of this Regulation in relation to the performance indicators set out in Article 4(1)(b).
Amendment 120
Proposal for a regulation
Article 12 – paragraph 5 a (new)
5a.   Member States shall monitor the effectiveness of measures adopted under this Article on minimising incidental catches and report to the Commission on progress by ... [two years after the date of entry into force of this Regulation] and every three years thereafter.
Amendment 121
Proposal for a regulation
Article 13 – paragraph 1
1.  It shall be prohibited to deploy the fishing gears specified in Annex II within the relevant areas set out in that Annex.
1.  It shall be prohibited to deploy the fishing gears specified in Annex II within the relevant areas set out in that Annex. Appropriate assessment shall be carried out by Member States when fishing gears are deployed in special areas of conservation under Directive 92/43/ EEC and special protection areas under Directive 2009/147/EC.
Amendment 122
Proposal for a regulation
Article 13 – paragraph 1 a (new)
1a.   The deliberate disturbance, deterioration or destruction of sensitive habitats and of breeding sites or resting places of sensitive species shall be prohibited.
Amendment 123
Proposal for a regulation
Article 13 – paragraph 2
2.  Where the best available scientific advice recommends an amendment of the list of areas in Annex II, including the addition of new areas, the Commission shall be empowered to adopt such amendments by means of delegated acts, pursuant to the procedure laid down in Article 11(2) and 11(3) of Regulation (EU) 1380/2013. When adopting such amendments, the Commission shall give particular attention to the mitigation of negative effects of the displacement of fishing activity to other sensitive areas.
2.  Where the best available scientific advice recommends an urgent amendment of the list of areas in Annex II, the Commission shall be empowered to adopt such amendments by means of delegated acts, pursuant to the procedure laid down in Article 11(2) and 11(3) of Regulation (EU) No 1380/2013. When presenting a proposal with such amendments, the Commission shall provide a full map of the vulnerable area and give particular attention to the mitigation of negative social, economic and environmental effects of the displacement of fishing activity to other areas.
Amendment 124
Proposal for a regulation
Article 13 – paragraph 3
3.  Where such habitats occur in waters under the sovereignty or jurisdiction of a Member State, that Member State is empowered to establish closed areas or other conservation measures to protect such habitats, pursuant to the procedure laid down in Article 11 of Regulation (EU) No 1380/2013. Such measures shall be compatible with the objectives of Article 2 of Regulation (EU) 1380/2013 and be at least as stringent as measures under Union law.
3.  Where the areas referred to in Annex II are in waters under the sovereignty or jurisdiction of a Member State, that Member State is empowered to establish closed areas or other conservation measures to protect such habitats, pursuant to the procedure laid down in Article 11 of Regulation (EU) No 1380/2013. Such measures shall be compatible with the objectives of Article 2 of Regulation (EU) No 1380/2013 and be at least as stringent as measures under Union law.
Amendment 125
Proposal for a regulation
Article 13 – paragraph 4 a (new)
4a.   Member States shall adopt measures to protect areas where vulnerable marine ecosystems as defined in point (b) of Article 2 of Regulation (EC) No 734/2008 occur or are likely to occur in waters falling under their sovereignty or jurisdictions and close those areas to bottom fishing activities unless the best available scientific advice demonstrates that such activities do not have significant adverse impacts on those ecosystems. Such measures shall be consistent with the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72, and shall as a minimum be equivalent in terms of level of protection provided for vulnerable marine ecosystems under Regulation (EC) No 734/2008.
Amendment 126
Proposal for a regulation
Article 14 – paragraph 1 – point a
(a)  ensuring the protection of juveniles of marine species pursuant to Article 15(11) and 15(12) of Regulation (EU) No 1380/2013;
(a)  ensuring the protection of juveniles of marine species so that the majority of the fish caught have reached spawning age before being caught and pursuant to Article 15(11) and 15(12) of Regulation (EU) No 1380/2013;
Amendment 127
Proposal for a regulation
Article 14 – paragraph 1 – point a a (new)
(aa)   prohibiting the placing on the market for human consumption of juveniles of marine species pursuant to point (b) of Article 2(5) and Article 15(11) of Regulation (EU) No 1380/2013;
Amendment 128
Proposal for a regulation
Article 14 a (new)
Article 14a
Imported fisheries products intended for human consumption
Imported fisheries products intended for human consumption that have been caught outside Union waters in the areas, subareas and divisions referred to in Article 5 shall comply with the minimum conservation reference sizes laid down in the Annexes to this Regulation.
Amendment 129
Proposal for a regulation
Article 15 – paragraph 1
Member States shall have in place measures to facilitate the storage of or find outlets for catches below minimum conservation reference sizes landed in accordance with Article 15(1) of Regulation (EU) No 1380/2013. Those measures may include support for investment in the construction and adaptation of landing sites and shelters, or support for investments to add value to fishery products.
Member States shall have in place adequate measures to facilitate the storage of or find outlets for catches below minimum conservation reference sizes landed in accordance with Article 15(1) of Regulation (EU) No 1380/2013. Those measures shall include support for investment in the construction and adaptation of landing sites and shelters, as well as support for investments to add value to fishery products.
Amendment 130
Proposal for a regulation
Article 16 – paragraph 1
1.  The practices of high grading and slipping shall be prohibited.
1.  The practice of high grading shall be prohibited.
Amendment 131
Proposal for a regulation
Article 16 – paragraph 2
2.  Paragraph 1 shall not apply to catches of species which are exempted from the application of the landing obligation in accordance with Article 15(4) of Regulation (EU) No 1380/2013.
2.  Paragraph 1 shall not apply to fishing activities in the Mediterranean Sea or catches of species which are exempted from the application of the landing obligation in accordance with Article 15(4) of Regulation (EU) No 1380/2013.
Amendment 132
Proposal for a regulation
Article 17 – title
Species not subject to catch limits
Pilot projects for the avoidance of unwanted catches
Amendment 133
Proposal for a regulation
Article 17 – paragraph 1
1.  Member States may conduct pilot projects with the aim of exploring methods for the avoidance, minimisation and elimination of unwanted catches of the species not subject to catch limits . Those pilot projects shall take account of the opinions of the relevant Advisory Councils and be based on best available scientific advice.
1.  Member States may conduct pilot projects with the aim of exploring methods for the avoidance, minimisation and elimination of unwanted catches. Those pilot projects shall take account of the opinions of the relevant Advisory Councils and be based on best available scientific advice.
Amendment 134
Proposal for a regulation
Article 17 – paragraph 2
2.  Where the results of those pilot studies or other scientific advice indicate that unwanted catches of species which are not subject to catch limits are significant, Member States may establish technical measures to reduce those unwanted catches in accordance with the procedure set out in Article 19 of Regulation (EU) 1380/2013. Those technical measures shall apply solely to fishing vessels flying the flag of that Member State.
2.  Where the results of those pilot studies or other scientific advice indicate that unwanted catches of species which are not subject to catch limits are significant, Member States shall establish technical measures to avoid or as far as possible reduce those unwanted catches in accordance with the procedure set out in Article 19 of Regulation (EU) No 1380/2013 or in Article 18 of this Regulation .
Amendment 135
Proposal for a regulation
Article 17 – paragraph 2 a (new)
2a.   In cases where other Member States wish to establish similar technical measures, a joint recommendation may be submitted in accordance with Article 18.
Amendment 137
Proposal for a regulation
Article 17 a (new)
Article 17a
Documentation
In accordance with Article 49 of Regulation (EC) No 1224/2009, Member States may introduce electronic monitoring arrangements in order to document catches, discards and fishing activity.
Amendment 138
Proposal for a regulation
Chapter 2 – section 5 a (new)
SECTION 5a
ADAPTATION OF FISHING VESSELS
Article 17b
Adaptation of tonnage
On new and existing fishing vessels, increases in the tonnage of the vessel intended to improve safety on board, working conditions and the hygiene and quality of products, as well as increases in the tonnage of the vessel intended to store unwanted catches subject to the landing obligation in accordance with Article 15 of Regulation (EU) No 1380/2013 shall be authorised, provided that they do not result in an increase in the vessel’s catch potential. The corresponding volumes shall not be taken into account for the purpose of assessing fishing capacity in the light of the ceilings imposed in Annex II to Regulation (EU) No 1380/2013 or in the entry/exit schemes referred to in Article 23 of that Regulation.
Amendment 139
Proposal for a regulation
Article 18 – title
Guiding principles
Regional technical measures
Amendment 140
Proposal for a regulation
Article 18 – paragraph 1 – point g

(g)  in Annex XI for the Outermost Regions .

(g)  in Annex XI for the Union waters in the Indian Ocean and the West Atlantic .

Amendment 141
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 a (new)
However, the provisions on mesh sizes set out in Part B of Annexes V to XI shall only apply in so far as, by ... [18 months after the date of entry into force of this Regulation], no delegated act has been adopted pursuant to paragraph 2 of this Article covering the same subject-matter for the fisheries concerned. In the event that Part B of an Annex to this Regulation becomes applicable, the Commission shall, notwithstanding point 4 of Article 6(1), by the same date adopt a delegated act in accordance with Article 32 supplementing this Regulation by providing a definition of “directed fishing” for the purpose of applying Part B in the relevant fishing zone and to the fisheries concerned.
Until the date of expiry of the deadline set out in the second subparagraph of this paragraph or until the date of adoption of the delegated act referred to in that subparagraph, whichever is earlier, the provisions applicable to mesh sizes on ... [the day before the date of entry into force of this Regulation*] shall continue to apply in respect of the fishing areas concerned.
________________________
* If this approach is accepted, Articles 35-41 are to be adapted in the course of the negotiations with Council, after having identified the measures that will remain applicable after the date indicated here.
Amendment 142
Proposal for a regulation
Article 18 – paragraph 1 a (new)
1a.   Where appropriate in order to achieve the objectives of the CFP and to take into account the specificities of a region, technical measures that deviate from the measures referred to in paragraph 1 of this Article may be adopted in the context of a multiannual plan referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013.
Amendment 143
Proposal for a regulation
Article 18 – paragraph 2
2.  In accordance with the procedure set out in Article 18 of Regulation (EU) No 1380/2013 Member States may submit joint recommendations defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1.
2.  Where no multiannual plan is in place for the fisheries in question or where the relevant multiannual plan does not establish technical measures or a procedure for the adoption of such technical measures, the Commission is empowered to adopt delegated acts in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 supplementing this Regulation by defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1, in particular by establishing mesh sizes to be applied at regional level . For the purpose of adopting such delegated acts, Member States may submit a joint recommendation in accordance with Article 18(1) of Regulation (EU) No 1380/2013 by ... [12 months after the date of entry into force of this Regulation]. The Commission shall make those joint recommendations public immediately after their submission by the Member States and shall make public any scientific assessment carried out to ensure their compliance with Article 18(5) of Regulation (EU) No 1380/2013.
Amendment 144
Proposal for a regulation
Article 18 – paragraph 2 a (new)
2a.  The measures adopted pursuant to paragraphs 1a and 2 shall:
(a)  aim at achieving the objectives set out in Article 3 of this Regulation, taking particular account of the performance indicators set out in Article 4 hereof;
(b)  be guided by the principles of good governance set out in Article 3 of Regulation (EU) No 1380/2013;
(c)  provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact, including through the allocation of fishing opportunities; and
(d)  be at least equivalent to the measures referred to in paragraph 1 or, in the case of rules on mesh sizes, to the measures applicable on... [the day before the date of entry into force of this Regulation] in terms of exploitation patterns and the level of protection provided for sensitive species and habitats.
Amendment 145
Proposal for a regulation
Article 18 – paragraph 3
3.  Technical measures recommended in accordance with paragraph 2 shall as a minimum be equivalent in terms of exploitation patterns and level of protection provided for sensitive species and habitats as those measures referred to in paragraph 1 .
3.  In accordance with Article18(5) of Regulation (EU) No 1380/2013, Member States shall base the joint recommendations referred to in paragraph 2 of this Article on the best available scientific advice. That scientific advice shall take into account the impact of such measures on the targeted species and sensitive species and habitats, demonstrating the benefits for the conservation of the marine ecosystem .
Amendment 146
Proposal for a regulation
Article 18 – paragraph 3 a (new)
3a.   Notwithstanding Article 18(1), (3) and (6) of Regulation (EU) No 1380/2013, the Commission may adopt such delegated acts also in the absence of a joint recommendation referred to in these paragraphs.
Amendment 147
Proposal for a regulation
Article 19
Article 19
deleted
Regional measures under multiannual plans
1.  The Commission shall be empowered to establish technical measures at regional level with the aim of achieving objectives of multiannual plans referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013. Such measures shall be established by means of delegated acts adopted in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013.
2.  Measures established in accordance with paragraph 1 may:
(a)  amend or supplement the measures set out in Annexes V to XI;
(b)  derogate from the measures set out in Annexes V to XI for a specific area or time period, provided it can be demonstrated that those measures have no conservation benefit in that area or period or that the alternative measures achieve the same objectives.
3.  A multiannual plan may define the kind of technical measures that may be adopted pursuant to paragraphs 1 and 2 for the relevant region.
4.  The measures adopted pursuant to paragraphs 1 and 2 shall
(a)  aim at achieving the objectives and targets set out in Articles 3 and 4 of this Regulation;
(b)  be guided by the principles of good governance set out in Article 3 of Regulation (EU) No 1380/2013; and
(c)  provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact through the allocation of fishing opportunities.
5.  Where Member States submit joint recommendations for the establishment of technical measures as referred to in paragraph 1, they shall provide scientific evidence to support the adoption of those measures.
6.  The Commission may require the STECF to assess the joint recommendations referred to in paragraph 5.
Amendment 148
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
1.  When Member States submit joint recommendations in accordance with Article 19 to define size selective and species selective gears, they shall provide evidence demonstrating that those gears meet at least one of the following criteria:
1.  When Member States submit joint recommendations in accordance with Article 18 to define size selective and species selective gears, they shall provide evidence demonstrating that those gears meet at least one of the following criteria:
Amendment 149
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
When Member States submit joint recommendations in accordance with Article 19 to amend the closed or restricted areas listed in Part C of Annexes V to VIII and X and Part B of Annex XI or establish new closed or restricted areas they shall include the following elements in respect of such closed or restricted areas in those joint recommendations:
When Member States submit joint recommendations in accordance with Article 18 to amend the closed or restricted areas listed in Part C of Annexes V to VIII and X and Part B of Annex XI, establish new closed or restricted areas, or do away with them, they shall include the following elements in respect of such closed or restricted areas in those joint recommendations:
Amendment 150
Proposal for a regulation
Article 21 – paragraph 1 a (new)
If Member States do not adopt joint recommendations, the Commission may adopt delegated acts in accordance with Article 32 establishing closed or restricted areas on the basis of the best available scientific advice.
Amendment 151
Proposal for a regulation
Article 22 – paragraph 1
1.  When Member States submit joint recommendations in accordance with Article 19 to amend or establish minimum conservation reference sizes listed in Part A of Annexes V to X they shall respect the objective of ensuring the protection of juveniles of marine species.
1.  When Member States submit joint recommendations in accordance with Article 18 to amend or establish minimum conservation reference sizes listed in Part A of Annexes V to X they shall respect the objective of ensuring the protection of juveniles of marine species. Joint recommendations shall be based on the best available scientific evidence and shall take into account biological grounds, in particular the maturity size of the species. Joint recommendations shall not jeopardise the control and enforcement provisions relating to the landing and marketing of fishery products.
Amendment 152
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
When Member States submit joint recommendations in accordance with Article 19 to allow for the creation of real-time closures and moving on provisions with the aim of ensuring the protection of aggregations of juveniles or spawning fish or shellfish species, they shall include the following elements:
When Member States submit joint recommendations in accordance with Article 18 to allow for the creation of real-time closures and moving on provisions with the aim of ensuring the protection of aggregations of juveniles or spawning fish or shellfish species or sensitive species , they shall include the following elements:
Amendment 153
Proposal for a regulation
Article 23 – paragraph 1 a (new)
1a.   In the event that the vessels of only one Member State are affected by the real-time closures or the displacements, measures based on the best available scientific advice shall be adopted to reduce the impact on the affected vessels.
Amendments 304 and 154
Proposal for a regulation
Article 24 – paragraph 1
1.  When Member States submit joint recommendations in accordance with Article 19 to allow for the use or extend the use of innovative fishing gears including the pulse trawl as described in Part E of Annex V within a specific sea basin, they shall provide an assessment of the likely impacts of using such gears on the targeted species and on sensitive species and habitats.
1.  When Member States submit joint recommendations in accordance with Article 18 to allow for the use or extend the use of innovative fishing gears within a specific sea basin, they shall provide an assessment of the likely impacts of using such gears on the targeted species and on sensitive species and habitats.
Such an assessment shall be based on use of the innovative gear during a trial period which shall be limited to no more than 5 % of the vessels currently in that metier for a period of at least four years.
Amendment 155
Proposal for a regulation
Article 24 – paragraph 3
3.  The use of innovative fishing gears shall not be permitted where those assessments indicate that their use will lead to negative impacts on sensitive habitats and non-target species.
3.  The use of innovative fishing gears shall only be permitted on a commercial scale where the assessment referred to in paragraph 1 indicates that in comparison with existing regulated fishing gear and techniques, their use will not lead to direct or cumulative negative impacts on marine habitats, including sensitive habitats or non-target species.
Amendment 156
Proposal for a regulation
Article 25 – paragraph 1 – indent 2 a (new)
—   provide information on the effectiveness of existing mitigation measures and monitoring arrangements;
Amendment 158
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Member States shall ensure that the fishermen directly concerned by these measures are appropriately consulted.
Amendment 159
Proposal for a regulation
Article 26 – paragraph 1 – point d a (new)
(da)   derogations adopted on the basis of Article 15(4) of Regulation (EU) No 1380/2013;
Amendment 160
Proposal for a regulation
Article 26 – paragraph 2
2.  The measures referred to in paragraph 1 shall aim at achieving the objectives set out in Article 3 and in particular for the protection of aggregations of juveniles or spawning fish or shellfish species.
2.  The measures referred to in paragraph 1 shall aim at achieving the objectives set out in Article 3 and in particular for the protection of aggregations of juveniles or spawning fish or shellfish species. They shall be at least as stringent as technical measures applicable under Union law.
Amendment 161
Proposal for a regulation
Article 26 a (new)
Article 26a
Pilot projects on full documentation of catches and discards
1.  The Commission is empowered to adopt delegated acts in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013, supplementing this Regulation by defining pilot projects that develop a system of full documentation of catches and discards based on measurable targets and objectives, for the purpose of a results-based management of fisheries.
2.  The pilot projects referred to in paragraph 1 of this Article may derogate from the measures set out in Part B of Annexes V to XI for a specific area and for a maximum period of one year, provided that it can be demonstrated that such pilot projects aim at achieving the objectives set out in Article 3 and complying with the performance indicators set out in Article 4 and, in particular, aim at improving the selectivity of the fishing gear or practice concerned or otherwise reduce its environmental impact. That one-year period may be extended by one more year under the same conditions. It shall be limited to no more than 5% of the vessels in that metier per Member State.
3.  Where Member States submit joint recommendations for the establishment of pilot projects as referred to in paragraph 1, they shall provide scientific evidence to support their adoption. STEFC shall assess those joint recommendations and shall make that assessment public. Within six months of the conclusion of the project, the Member States shall submit a report to the Commission outlining the results, including a detailed assessment of the changes in selectivity and other environmental impacts.
4.  STECF shall assess the report referred to in paragraph 3. Where STECF concludes that the new gear or practice successfully achieves the objectives set out in paragraph 2, the Commission may submit a proposal in accordance with the TFEU to allow for the generalised use of that gear or practice. The STECF assessment shall be made public.
5.  The Commission shall adopt delegated acts in accordance with Article 32 supplementing this Regulation by defining the technical specifications of a system for the full documentation of catches and discards referred to in paragraph 1.
Amendment 162
Proposal for a regulation
Chapter IV
CHAPTER IV
deleted
REGIONAL FISHERIES MANAGEMENT ORGANISATIONS
Article 28
North East Atlantic Fisheries Commission (NEAFC)
The Commission shall be empowered to adopt delegated acts in accordance with Article 32 in order to
(a)   transpose into Union law certain technical measures agreed by the North East Atlantic Fisheries Commission (NEAFC), including lists of vulnerable marine ecosystems and specific technical measures related to fisheries for blue ling and redfish defined in NEAFC Recommendations 05:2013, 19:2014, 01:2015, 02:2015; and
(b)   adopt other technical measures supplementing or amending certain non-essential elements of legislative acts which transpose NEAFC recommendations.
Amendment 163
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
1.  The technical measures provided for in this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations subject to the following conditions:
1.  The technical measures provided for in this Regulation shall not apply to fishing operations conducted in the context of scientific investigations subject to the following conditions:
Amendment 164
Proposal for a regulation
Article 29 – paragraph 2 – point b
(b)  they are sold for purposes other than direct human consumption.
(b)  in the case of fish below the minimum conservation reference size,  they are sold for purposes other than direct human consumption.
Amendment 165
Proposal for a regulation
Article 30 – title
Artificial restocking and transplantation
Direct restocking and transplantation
Amendment 166
Proposal for a regulation
Article 30 – paragraph 1
1.  The technical measures provided for in this Regulation shall not apply to fishing operations conducted solely for the purpose of artificial restocking or transplantation of marine species, provided that those operations are carried out with the permission and under the authority of the Member State or Member States having a direct management interest.
1.  The technical measures provided for in this Regulation shall not apply to fishing operations conducted solely for the purpose of direct restocking or transplantation of marine species, provided that those operations are carried out with the permission and under the authority of the Member State or Member States having a direct management interest.
Amendment 167
Proposal for a regulation
Article 30 – paragraph 2
2.  Where the artificial restocking or transplantation is carried out in the waters of another Member State or Member States, the Commission and all those Member States shall be informed at least one month in advance of the intention to conduct such fishing operations.
2.  Where the direct restocking or transplantation is carried out in the waters of another Member State or Member States, the Commission and all those Member States shall be informed at least one month in advance of the intention to conduct such fishing operations.
Amendment 168
Proposal for a regulation
Article 31 – paragraph 1
1.  Where available scientific advice indicates that immediate action is required to protect marine species, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to alleviate such threats. Those acts may concern, in particular, restrictions on the use of fishing gears or on fishing activities in certain areas or during certain periods.
1.  Where available scientific advice indicates that immediate action is required to protect marine species or marine habitats , the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to alleviate such threats. Those acts may concern, in particular, restrictions on the use of fishing gears or on fishing activities in certain areas or during certain periods, or any other conservation measure needed .
Amendment 273
Proposal for a regulation
Article 31 – paragraph 2 – point b a (new)
(ba)  provide protection for sensitive species and habitats, where there is evidence of a serious threat to their conservation.
Amendment 169
Proposal for a regulation
Article 31 – paragraph 3
3.  Delegated acts referred to in paragraph 1 shall apply for a period of no more than three years without prejudice to paragraph 6 of Article 32.
3.  Delegated acts referred to in paragraph 1 shall apply for a period of no more than two years without prejudice to paragraph 6 of Article 32.
Amendment 170
Proposal for a regulation
Article 34 – paragraph 1
1.  By the end of 2020 and every third year thereafter, and on the basis of information supplied by Member States and the relevant Advisory Councils and following evaluation by the STECF, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Regulation. This report shall assess the extent to which technical measures both regionally and at Union level have contributed to achieving the objectives set out in Article 3 and in reaching the targets set out in Article 4.
1.  By ... [three years after the date of entry into force of this Regulation] and every third year thereafter, and on the basis of information supplied by Member States and the relevant Advisory Councils and following evaluation by the STECF, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Regulation. This report shall assess the extent to which technical measures both regionally and at Union level have contributed to achieving the objectives referred to in Article 3 on the basis of the performance indicators set out in article 4.
Amendment 171
Proposal for a regulation
Article 34 – paragraph 2
2.  On the basis of that report, where at regional level there is evidence that the objectives and targets have not been met, within six months after the submission of the report as referred to in paragraph 1 Member States within that region shall submit a plan setting out the corrective actions to be taken to ensure those objectives and targets can be met.
2.  On the basis of that report, where at regional level there is evidence that the objectives have not been met or the specific levels of catches below minimum conservation size for key fisheries as referred to in point (a) of Article 4(1) have been exceeded , within twelve months after the submission of the report referred to in paragraph 1 Member States within that region shall submit a plan setting out the corrective actions to be taken to ensure the objectives set out in Article 3 can be met and catches of marine species below minimum conservation reference sizes can be reduced to the levels referred to in point (a) of Article 4(1) .
Amendment 172
Proposal for a regulation
Article 34 – paragraph 2 a (new)
2a.  The Commission shall assist Member States in establishing a national action plan in order to address identified difficulties in implementing new technical measures to achieve the requirements set out in Article 4. Member States shall take all measures necessary to implement that action plan.
Amendment 173
Proposal for a regulation
Article 34 – paragraph 3 a (new)
3a.   Where the report shows that a Member State has failed to comply with its obligations regarding control and data collection, the Commission may interrupt or suspend the EMFF funding for that Member State, in accordance with Articles 100 and 101 of Regulation (EU) No 508/2014.
Amendment 174
Proposal for a regulation
Article 35 – paragraph 1 – point a
(a)  Articles 3, 8, 9, 10, 11, 12, 14, 15, 16 and 25 are deleted;
(a)  Articles 3, 8, 9, 10, 11, 12, the second subparagraph of Article 13(3), and Articles 14, 15, 16 and 25 are deleted;
Amendment 175
Proposal for a regulation
Article 36
Article 36
deleted
Amendments to Regulation (EC) No 1098/2007
In Regulation (EC) No 1098/2007, Articles 8 and 9 are deleted.
Amendment 176
Proposal for a regulation
Article 37 – paragraph 1 – point b
Regulation (EC) No 1224/2009
Article 54 c – paragraph 2 – point a
(a)  the vessel does not simultaneously carry or use on board either towed gear of mesh size less than 80 mm or one or more purse seines or similar fishing gears; or
(a)  the vessel does not simultaneously carry or use on board either towed gear of mesh size less than 70 mm or one or more purse seines or similar fishing gears; or
Amendment 177
Proposal for a regulation
Article 37 – paragraph 1 – point b
Regulation (EC) No 1224/2009
Article 54 c – paragraph 2 – point b – indent 2
the graded fish are frozen immediately after grading and no graded fish are returned to the sea; and
the graded fish are frozen after grading and no graded fish are returned to the sea; and
Amendment 178
Proposal for a regulation
Article 37 – paragraph 1 – point b
Regulation (EC) No 1224/2009
Article 54 c – paragraph 2 – point b – indent 3
( the equipment is installed and located on the vessel in such a way as to ensure immediate freezing and not to allow the return of marine species to the sea.
the equipment is installed and located on the vessel in such a way as to ensure freezing and not to allow the return of marine species to the sea.
Amendment 179
Proposal for a regulation
Article 37 – paragraph 1 – point b
Regulation (EC) No 1224/2009
Article 54 c – paragraph 3 a (new)
3a.   The competent authority of the flag State shall certify the freezer trawler plans to ensure that they are in accordance with the applicable rules.
Amendment 180
Proposal for a regulation
Article 38
Article 38
deleted
Amendment to Regulation (EU) No 1343/2011
Article 26 of Regulation (EC) No 1343/2011, is amended as follows:
(1)   the following point is added:
‘(h) technical measures in Articles 4, 10, 12, 15, 15a, 16, 16b, 16c, 16d, 16f, 16g, 16h, 16i, 16j and 16k.; ’
(2)   the following paragraph is added:
‘The Commission shall also be empowered to adopt delegated acts, in accordance with Article 27, in order to transpose into Union law other technical measures established by the GFCM that become obligatory for the Union and to supplement or amend certain non-essential elements of legislative acts which transpose GFCM recommendations on technical measures. ’
Amendment 181
Proposal for a regulation
Article 40 – paragraph 1
Regulations (EC) No 894/97, (EC) No 850/98, ((EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 are repealed.
Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 as well as Commission Regulation (EC) No 494/2002 1a are repealed.
____________________________
1a Commission Regulation (EC) No 494/2002 of 19 March 2002 establishing additional technical measures for the recovery of the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a, b, d, e (OJ L 77, 20.3.2002, p. 8).
Amendment 182
Proposal for a regulation
Annex I – point n a (new)
(na)  houting (Coregonus oxyrhynchus) in ICES sub-area IVb (Union waters);
Amendment 183
Proposal for a regulation
Annex I – point n b (new)
(nb)  the Adriatic sturgeon (Acipenser naccarii) and common sturgeon (Acipenser sturio) in Union waters;
Amendment 184
Proposal for a regulation
Annex I – point o
(o)  berried female crawfish (Palinuridae spp. ) and berried female lobster (Homarus gammarus ) in all Union waters except when used for direct restocking or transplantation purposes;
(Does not affect the English version.)
Amendment 185
Proposal for a regulation
Annex I – point p
(p)  date shell (Lithophaga lithophaga) and common piddock (Pholas dactylus) in Union waters in the Mediterranean.
(p)  date shell (Lithophaga lithophaga), fan mussel (Pinna nobilis) and common piddock (Pholas dactylus) in Union waters in the Mediterranean;
Amendment 186
Proposal for a regulation
Annex I – point p a (new)
(pa)  hatpin urchin (Centrostephanus longispinus).
Amendment 187
Proposal for a regulation
Annex IV – point 5 a (new)
5a.   The size of a spinous spider crab shall be measured, as shown in Figure 5a, as the length of the carapace, along the mid-line, from the edge of the carapace, between the rostrums to the posterior edge of the carapace.
Amendment 188
Proposal for a regulation
Annex IV – point 5 b (new)
5b.   The size of an edible crab shall be measured, as shown in Figure 5b, as the maximum width of the carapace measured perpendicular to the anteroposterior midline of the carapace.
Amendment 189
Proposal for a regulation
Annex IV – point 5 c (new)
5c.   The size of a whelk shall be measured, as shown in Figure 5c, as the length of the shell.
Amendment 190
Proposal for a regulation
Annex IV – point 5 d (new)
5d.   The size of any swordfish shall be measured, as shown in Figure 5d, as the length from the fork of the caudal fin to the tip of the lower jaw.
Amendment 191
Proposal for a regulation
Annex IV – Figure 5 a (new)
Figure 5a Spinous spider crab (Maia squinada)
p0000002.png
Amendment 192
Proposal for a regulation
Annex IV – Figure 5 b (new)
Figure 5b Edible crab (Cancer pagarus)
p0000003.png
Amendment 193
Proposal for a regulation
Annex IV – Figure 5 c (new)
Figure 5c Whelk (Buccinum spp)
p0000004.png
Amendment 194
Proposal for a regulation
Annex IV – Figure 5 d (new)
Figure 5d Swordfish (Xiphias gladius)
p0000005.png
Amendment 195
Proposal for a regulation
Annex V – Part A – table 1 – row 14

Text proposed by the Commission

Mackerel (Scomber spp.)

20 cm

Amendment

 

Mackerel (Scomber spp.)

30 cm1a

 

__________________

 

1a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 196
Proposal for a regulation
Annex V – Part A – table 1 – row 15

Text proposed by the Commission

Herring (Clupea harengus )

20 cm

Amendment

 

Herring (Clupea harengus )

20 cm1a

 

__________________

 

1a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 197
Proposal for a regulation
Annex V – Part A – table 1 – row 16

Text proposed by the Commission

Horse mackerel (Trachurus spp.)

15 cm

Amendment

Horse mackerel (Trachurus spp.)

15 cm 1a

 

__________________

 

1a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 198
Proposal for a regulation
Annex V – Part A – table 1 – row 17

Text proposed by the Commission

Anchovy (Engraulis encrasicolus )

12 cm or 90 individuals per kilo

Amendment

Anchovy (Engraulis encrasicolus )

12 cm or 90 individuals per kilo1a

 

__________________

 

1a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 199
Proposal for a regulation
Annex V - Part A - table 1 - row 19

Text proposed by the Commission

Sardine (Sardina pilchardus )

11 cm

Amendment

Sardine (Sardina pilchardus )

11 cm1a

 

__________________

 

1a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 200
Proposal for a regulation
Annex V - Part A - table 1 - row 20

Text proposed by the Commission

Lobster (Homarus gammarus )

87 mm

Amendment

Lobster (Homarus gammarus )

87 mm (carapace length)

Amendment 201
Proposal for a regulation
Annex V – Part A – table 1 – row 34

Text proposed by the Commission

Crawfish (Palinurus spp.)

95 mm

Amendment

Crawfish (Palinurus spp.)

95 mm (carapace length)

Amendment 202
Proposal for a regulation
Annex V - Part A - table 2 - row 13

Text proposed by the Commission

Norway lobster (Nephrops norvegicus )

Total length 105mm

 

Carapace length 32mm

Amendment

Norway lobster (Nephrops norvegicus )

Total length 105mm

 

Carapace length 32mm

 

Norway lobster tails 59 mm

Amendment 203
Proposal for a regulation
Annex V - Part A - table 2 - row 14

Text proposed by the Commission

Mackerel (Scomber spp.)

20 cm

Amendment

Mackerel (Scomber spp.)

20 cm 1a

 

__________________

 

1a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 204
Proposal for a regulation
Annex V – Part A – table 2 – row 15

Text proposed by the Commission

Herring (Clupea harengus )

18 cm

Amendment

Herring (Clupea harengus )

18 cm1a

 

__________________

 

1a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 205
Proposal for a regulation
Annex V – Part A – table 2 – row 16

Text proposed by the Commission

Horse mackerel (Trachurus spp.)

15 cm

Amendment

Horse mackerel (Trachurus spp.)

15 cm1a

 

__________________

 

1a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 206
Proposal for a regulation
Annex V – Part B – paragraph 1 – table – row 2 b (new)

Text proposed by the Commission

Amendment

At least 90 mm

Skagerrak and Kattegat

A panel with a mesh size of at least 270 mm (diamond mesh) or of 140mm 1a (square mesh) shall be fitted.

 

 

__________________

 

 

1a In the Kattegat subdivision, a square mesh panel of 120 mm shall be fitted (on the trawl between 1 October and 31 December and on the purse seine between 1 August and 31 October).

Amendments 305 and 355
Proposal for a regulation
Annex V – Part B - paragraph 1 – table –row 4

 

Text proposed by the Commission

 

 

At least 80mm

ICES Division IVb south of 54° 30'N and ICES Division IVc

Directed fishing for sole with beam trawls or [Pulse Trawls]. A panel with a mesh size of at least 180mm fitted in the upper half of the anterior part of the net.

 

Amendment

 

 

At least 80mm

ICES Division IVb south of 54° 30'N and ICES Division IVc

Directed fishing for sole with beam trawls. A panel with a mesh size of at least 180mm fitted in the upper half of the anterior part of the net.

Amendment 208
Proposal for a regulation
Annex V – Part B – paragraph 1 – table – row 4 b (new)

Text proposed by the Commission

Amendment

At least 40mm

Whole area

Directed fishing for squid (85 % of catches) (Lolignidae, Ommastrephidae).

Amendment 209
Proposal for a regulation
Annex V – Part B – paragraph 1 – table – row 6

Text proposed by the Commission

At least 16mm

Whole area

Directed fishing for small pelagic species.

 

 

Directed fishing for Norway pout. A sorting grid with a maximum bar spacing of 22 mm in the Norway Pout fishery shall be fitted.

 

 

Directed fishing for Crangon crangon . A sorting grid, sieve net or equivalent selectivity device shall be fitted.

Amendment

At least 16mm

Whole area

Directed fishing for small pelagic species (80 % of catches) .

 

 

Directed fishing for Norway pout (50 % of catches) . A sorting grid with a maximum bar spacing of 35 mm in the Norway Pout fishery shall be fitted.

 

 

Directed fishing for common shrimp and Aesop shrimp (90 % of catches). A selective net or a sorting grid shall be fitted in accordance with nationally agreed standards .

Amendment 210
Proposal for a regulation
Annex V – Part B – paragraph 2 – title
2.  Baseline mesh sizes for static nets
2.  Baseline mesh sizes for static nets and driftnets
Amendment 211
Proposal for a regulation
Annex V – Part B – paragraph 2 – introductory part
The following mesh sizes for static nets shall apply in the North Sea and Skagerrak/Kattegat.
The following mesh sizes for static nets and driftnets shall apply in the North Sea and Skagerrak/Kattegat.
Amendment 212
Proposal for a regulation
Annex V – Part C – paragraph 1 – point 1.1
1.1  Fishing for sandeels with any towed gear with a codend mesh size less than 80 mm or any static net with a mesh size of less than 100 mm shall be prohibited within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
1.1  Fishing for sand eels with any towed gear with a codend mesh size less than 32 mm shall be prohibited within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
Amendment 213
Proposal for a regulation
Annex V – Part C – paragraph 2 – point 2.2 – indent 1
—  vessels whose engine power does not exceed 221kW using demersal trawls or Danish seines;
—  vessels whose engine power does not exceed 221 kW using bottom trawls or Danish seines;
Amendment 214
Proposal for a regulation
Annex V – Part C – paragraph 2 – point 2.2 – indent 2
—  paired vessels whose combined engine power does not exceed 221kW at any time using demersal pair trawls;
—  paired vessels whose combined engine power does not exceed 221 kW at any time using pair bottom trawls;
Amendment 215
Proposal for a regulation
Annex V – Part C – paragraph 2 – point 2.2 – indent 3
—  vessels whose engine power exceeds 221kW shall be permitted to use demersal trawls or Danish seine, and paired vessels whose combined engine power exceeds 221kW shall be permitted to use demersal pair trawls provided that such vessels do not engage in directed fishing for plaice and sole and respect the relevant mesh size rules contained in Part B of this Annex.
—  vessels whose engine power exceeds 221 kW shall be permitted to use demersal trawls or Danish seine, and paired vessels whose combined engine power exceeds 221 kW shall be permitted to use pair bottom trawls provided that such vessels do not engage in directed fishing for plaice and sole and respect the relevant mesh size rules contained in Part B of this Annex.
Amendment 216
Proposal for a regulation
Annex V – Part C – paragraph 6 – point 6.2
6.2  Directed fishing for deepwater sharks as listed in Annex I of Regulation (EC ) No 2347/2002 1 in charted depths of less than 600 metres shall be prohibited. When accidentally caught deepwater sharks shall be retained on board. Such catches shall be landed and counted against quotas. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonne then those vessels may no longer avail of the derogations set out in point 6.1.
6.2  Directed fishing for deepwater sharks as listed in Annex I of Regulation (EU ) 2016/2336 of the European Parliament and of the Council 1 in charted depths of less than 600 metres shall be prohibited. When accidentally caught deepwater sharks for which fishing is expressly prohibited under Union law shall be released back into the sea as soon as possible. Catches of deepwater species of shark subject to catch limits shall be retained on board. Such catches shall be landed and counted against quotas. In the event that a Member State does not have a sufficient quota, the Commission shall be permitted to apply Article 105(5) of Regulation (EC) No 1224/2009 . Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then those vessels may no longer avail of the derogations set out in point 6.1.
__________________
__________________
1 Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (OJ L 351, 28.12.2002, p. 6).
1 Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002 (OJ L 354, 23.12.2016, p. 1).
Amendment 274
Proposal for a regulation
Annex V – Part D – subheading
Measures to reduce incidental catches of cetaceans in ICES division IIIa and sub-area IV
Measures to reduce incidental catches of marine mammals in ICES division IIIa and sub-area IV
Amendment 275
Proposal for a regulation
Annex V – Part D – paragraph 1 a (new)
1a.  Measures to minimise incidental catches of seabirds
1.  Scientific research programmes shall be established in the North Sea to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.
2.  Spatial measures shall be applied in the North Sea where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.
3.  Vessels fishing with longlines in the North Sea shall use a combination of scientifically tested technical solutions such as tori lines, changes to line weights, hook shielding and setting longline gear during the hours of darkness with the minimum of deck lighting necessary for safety. The combinations should be determined on the basis of gear configurations and the susceptible species likely to be caught by fleets. Specification should comply with the standards as set out in international agreed guidelines.
4.  Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.
Amendments 306, 314, 315 and 356
Proposal for a regulation
Annex V – Part E
Part E
deleted
Innovative fishing methods
The use of electric pulse trawls in ICES divisions IVb and IVc
Notwithstanding Article 13, fishing with an electric pulse trawl shall be allowed in ICES divisions IVb and IVc under conditions defined in accordance with the second indent of paragraph 1of Article 27 of this Regulation, regarding the characteristics of the pulse used and control monitoring measures in place south of a rhumb line joined by the following points, which shall be measured according to the WGS84 coordinate system:
–  a point on east coast of the United Kingdom at latitude 55°N
–  east to latitude 55°N, longitude 5°E
–  north to latitude 56°N
–  east to a point on the west coast of Denmark at latitude 56°N
Amendment 324
Proposal for a regulation
Annex VI – part A – table - row 14

Text proposed by the Commission

 

Mackerel (Scomber spp.)

20 cm

Amendment

 

Mackerel (Scomber spp.)

20 cm1a

 

___________

 

1a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % may not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 218
Proposal for a regulation
Annex VI – Part A– table – row 15

Text proposed by the Commission

Herring (Clupea harengus)

20 cm

Amendment

Herring (Clupea harengus)

20 cm1a

 

__________________

 

1a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 219
Proposal for a regulation
Annex VI – Part A – table – row 16

Text proposed by the Commission

Horse mackerel (Trachurus spp.)

15 cm3

 

__________________

 

3 In Union waters in ICES sub-areas, V, VI south of 56° N and VII, except ICES divisions VIId, e, f, a minimum conservation reference size of 130 mm shall apply.

Amendment

Horse mackerel (Trachurus spp.)

15 cm3 , 3a

 

__________________

 

3 In Union waters in ICES sub-areas, V, VI south of 56° N and VII, except ICES divisions VIId, e, f, a minimum conservation reference size of 130 mm shall apply.

 

3a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 220
Proposal for a regulation
Annex VI – Part A – table – row 17

Text proposed by the Commission

Anchovy (Engraulis encrasicolus)

12 cm or 90 individuals per kilo

Amendment

Anchovy (Engraulis encrasicolus)

12 cm or 90 individuals per kilo1a

 

__________________

 

1a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 221
Proposal for a regulation
Annex VI – Part B – paragraph 1 – table – row 2

Text proposed by the Commission

At least 120 mm

Whole area

None

Amendment

At least 100 mm1a

Whole area

None

__________________

 

 

1a To be phased in over a two year period from the date of entry into force of this Regulation. For ICES Divisions VIId and VIIe a mesh size of at least 100 mm shall apply.

 

 

Amendment 223
Proposal for a regulation
Annex VI – part B – paragraph 2 – title
2.  Baseline mesh sizes for static nets
2.  Baseline mesh sizes for static nets and driftnets
Amendment 224
Proposal for a regulation
Annex VI – part B – paragraph 2 – introductory part
The following mesh sizes for static nets shall apply in North Western waters.
The following mesh sizes for static nets and driftnets shall apply in North Western waters.
Amendment 225
Proposal for a regulation
Annex VI – Part B – paragraph 2 – table– row 2

Text proposed by the Commission

At least 120 mm1

Whole area

None

Amendment

At least 120 mm1

Whole area

None

__________________

 

 

1 For directed fishing for anglerfish (30% of catches) a mesh size of at least 220 mm shall be used. A mesh size of at least 110 mm for directed fishing for pollock and hake (50% of catches) in ICES divisions VIId and VIIe

 

 

Amendment 226
Proposal for a regulation
Annex VI - Part B - table - row 4

Text proposed by the Commission

At least 50mm

Whole area

Directed fishing for small pelagic species

Amendment

At least 50mm

Whole area

Directed fishing for small pelagic species (80 % of catches)

 

 

Directed fishing for red mullet (50 % of catches)

Amendment 227
Proposal for a regulation
Annex VI – Part C – paragraph 1 – subparagraph 1 – introductory part
From 1 January to 31 March, and from 1 October to 31 December each year, it shall be prohibited to conduct any fishing activity using any towed gears or static nets in the area enclosed by sequentially joining with rhumb lines the following co-ordinates, measured according to the WGS84 coordinate system:
From 1 January to 31 March, and from 1 October to 31 December each year, it shall be prohibited to conduct any fishing activity using any bottom towed gears or bottom static nets in the area enclosed by sequentially joining with rhumb lines the following co-ordinates, measured according to the WGS84 coordinate system:
Amendment 228
Proposal for a regulation
Annex VI – Part C – paragraph 3 – point 3.2
3.2  By way of derogation from point 1, within the area and time period referred to therein the use of demersal trawls shall be permitted provided such trawls are fitted with selective devices that have been assessed by the Scientific, Technical and Economic Committee for Fisheries (STECF). Where bycatches of cod caught by the vessels of any Member State operating within the areas referred to in point 3.1 exceed 10 tonnes then those vessels may no longer fish within that area.
3.2  By way of derogation from point 1, within the area and time period referred to therein the use of demersal trawls shall be permitted provided such trawls are fitted with selective devices that have been assessed by the Scientific, Technical and Economic Committee for Fisheries (STECF).
Amendment 229
Proposal for a regulation
Annex VI – Part C – paragraph 9 – title
9.  Use of static nets in ICES divisions Vb, VIa, VII b,c,j, k
9.  Use of static nets in ICES divisions Vb, VIa, VIb, VII b, c, h, j, k
Amendment 230
Proposal for a regulation
Annex VI – Part C – paragraph 9 – point 9.2
9.2.  Directed fishing for deepwater sharks as listed in Annex I of Regulation (EC ) No 2347/2002 in charted depths of less than 600 metres shall be prohibited. When accidentally caught deepwater sharks shall be retained on board. Such catches shall be landed and counted against quotas. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then vessels may no longer avail of the derogations as described in point 9.1.
9.2.  Directed fishing for deepwater sharks as listed in Annex I of Regulation (EU) 2016/2336 in charted depths of less than 600 metres shall be prohibited. When accidentally caught deepwater sharks for which fishing is expressly prohibited under Union law shall be released back into the sea as soon as possible. Catches of deepwater species of shark subject to catch limits shall be retained on board. Such catches shall be landed and counted against quotas. In the event that a Member State does not have a sufficient quota, the Commission shall be permitted to apply Article 105(5) of Regulation (EC) No 1224/2009 . Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then those vessels may no longer avail of the derogations set out in point 9.1.
Amendment 276
Proposal for a regulation
Annex VI – Part D – paragraph 1 – title
1.  Measures to reduce incidental catches of cetaceans in ICES divisions VIa and VII d, e, f, g, h and j
1.  Measures to reduce incidental catches of marine mammals in ICES divisions VI and VII
Amendment 277
Proposal for a regulation
Annex VI – Part D – paragraph 2 – point 2.1 (new)
2.1.  Scientific research programmes shall be established in North Western Waters to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.
Amendment 278
Proposal for a regulation
Annex VI – Part D – paragraph 2 – point 2.2 (new)
2.2.  Spatial measures shall be applied in North Western Waters where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.
Amendment 279
Proposal for a regulation
Annex VI – Part D – paragraph 2 – point 2.3 (new)
2.3.  Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.
Amendment 231
Proposal for a regulation
Annex VII – Part A – table – row 15

Text proposed by the Commission

Herring (Clupea harengus)

20 cm

Amendment

Herring (Clupea harengus)

20 cm1a

 

__________________

 

1a The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.

 

The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

 

The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

Amendment 232
Proposal for a regulation
Annex VII – Part A – table – row 18

Text proposed by the Commission

Bass (Dicentrarchus labrax)

42 cm

Amendment

Bass (Dicentrarchus labrax)

36 cm

Amendment 233
Proposal for a regulation
Annex VII – Part A – table – row 23

Text proposed by the Commission

Queen scallop (Chlamys spp. )

40 mm

Amendment

Queen scallop (Chlamys spp., Mimachlamys spp. )

40 mm

Amendment 234
Proposal for a regulation
Annex VII – Part A – table – row 26

Text proposed by the Commission

Short-necked clam (Venerupis philippinarum )

35 mm

Amendment

Short-necked clam (Ruditapes philippinarum )

35 mm

Amendment 235
Proposal for a regulation
Annex VII – Part A – table – row 34

Text proposed by the Commission

Octopus (Octopus vulgaris )

750 grammes3

 

__________________

 

3 In all waters in that part of the eastern central Atlantic comprising divisions 34.1.1, 34.1.2 and 34.1.3 and sub-area 34.2.0 of fishing zone 34 of the CECAF region a gutted weight of 450 grammes shall apply.

Amendment

Octopus (Octopus vulgaris )

1000 grammes3

 

__________________

 

3 In all waters in that part of the eastern central Atlantic comprising divisions 34.1.1, 34.1.2 and 34.1.3 and sub-area 34.2.0 of fishing zone 34 of the CECAF region a gutted weight of 450 grammes shall apply.

Amendment 242
Proposal for a regulation
Annex VII – Part C – paragraph 4 – point 4.2
4.2.  Directed fishing for the deepwater sharks listed in Annex I of Regulation (EC ) No 2347/2002 that have a charted depth of less than 600 metres. When accidentally caught deepwater sharks shall be retained on board. Such catches shall be landed and counted against quotas. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then those vessels may no longer avail of the derogations as described in point 1.
4.2.  Directed fishing for the deepwater sharks listed in Annex I of Regulation (EU ) 2016/2336 that have a charted depth of less than 600 metres. When accidentally caught deepwater sharks for which fishing is expressly prohibited under Union law shall be released back into the sea as soon as possible. Catches of deepwater species of shark subject to catch limits shall be retained on board. Such catches shall be landed and counted against quotas. In the event that a Member State does not have a sufficient quota, the Commission shall be permitted to apply Article 105(5) of Regulation (EC) No 1224/2009 . Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then those vessels may no longer avail of the derogations set out in point 1.
Amendment 243
Proposal for a regulation
Annex VII – Part C – paragraph 4 – point 4.2 a (new)
4.2a.  The Commission may decide, after consulting STECF, to exclude certain types of fisheries in ICES zones VIII, IX and X from the scope of paragraph 4.1 if it is demonstrated by means of information provided by Member States or the implementation of specific management making use of regionalisation, which could involve reducing the vessels operating in the area, reducing fishing months etc., or of multiannual plans that those fisheries have a very low level of shark bycatches or discards.
Amendment 280
Proposal for a regulation
Annex VII – Part D – paragraph 1 – title
1.  Measures to reduce incidental catches of cetaceans in ICES sub-areas VIII and IXa
1.  Measures to reduce incidental catches of marine mammals in ICES sub-areas VIII and IX
Amendment 281
Proposal for a regulation
Annex VII – part D – paragraph 2 – point 2.1 (new)
2.1.  Scientific research programmes shall be established in South Western Waters to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.
Amendment 282
Proposal for a regulation
Annex VII – Part D – paragraph 2 – point 2.2 (new)
2.2.  Spatial measures shall be applied in South Western Waters where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.
Amendment 283
Proposal for a regulation
Annex VII – Part D – paragraph 2 – point 2.3 (new)
2.3.  Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.
Amendment 247
Proposal for a regulation
Annex VIII – Part B – paragraph 2 – table – row 2

Text proposed by the Commission

At least 157 mm

Whole area

Directed fishing for salmon

Amendment

deleted

 

 

Amendment 284
Proposal for a regulation
Annex VIII – Part D – paragraph 1 – title
1.  Measures to reduce incidental catches of cetaceans
1.  Measures to reduce incidental catches of marine mammals
Amendment 285
Proposal for a regulation
Annex VIII – Part D – paragraph 1 a (new)
1a.  Measures to minimise incidental catches of seabirds
1.1.  Scientific research programmes shall be established in the Baltic Sea to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.
1.2.  Spatial measures shall be applied in the Baltic Sea where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.
1.3  Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.
Amendment 251
Proposal for a regulation
Annex IX – Part B – paragraph 1 – table – row 2

Text proposed by the Commission

At least 40 mm square mesh codend

Whole area

A diamond mesh codend of 50 mm2 may be used as an alternative to the 44 mm square mesh cod end at the justified request of the vessel owner

 

 

________________

 

 

2 Only one type of net (either 40 mm square mesh or 50 mm diamond mesh) is allowed to be kept on board or deployed.

Amendment

At least 40 mm square mesh codend

Whole area

A diamond mesh codend of 50 mm2 may be used as an alternative to the 40 mm square mesh cod end at the justified request of the vessel owner

 

 

________________

 

 

2 Only one type of net (either 40 mm square mesh or 50 mm diamond mesh) is allowed to be kept on board or deployed.

Amendment 254
Proposal for a regulation
Annex IX – Part B – paragraph 2 a (new)
2a.   The existing derogations to the provisions set out in paragraphs 1, 1a and 2 of this Part for encircling gears affected by a management plan referred to in Article 19 of Regulation (EC) No 1967/2006 and adopted pursuant to Article 9 of that Regulation shall remain in effect unless otherwise provided for under Article 18 of this Regulation.
Amendment 255
Proposal for a regulation
Annex IX – Part C – paragraph 5
It shall be prohibited to have on board or set more than 250 pots or creels per vessel to catch deepwater crustacean (including Plesionika spp., Pasiphaea spp. or similar species) .
It shall be prohibited to have on board or set more than 250 pots or creels per vessel to catch deep-water crustacean.
Amendment 256
Proposal for a regulation
Annex IX – Part C – paragraph 5 – subparagraph 1 a (new)
Highly localised fleets using artisanal gear shall be authorised to catch deep-water crustacean (including Plesionika spp., Pasiphaea spp. or similar species).
Amendment 257
Proposal for a regulation
Annex IX – Part C – paragraph 6 a (new)
6a.  Restrictions on underwater spear fishing
It is prohibited to fish with underwater spears using an aqualung and at night, from dusk until dawn.
Amendment 286
Proposal for a regulation
Annex IX – Part D – paragraph 1 – title
1.  Measures to reduce incidental catches of cetaceans
1.  Measures to reduce incidental catches of marine mammals
Amendment 287
Proposal for a regulation
Annex IX – Part D – paragraph 2 – point 2.1 (new)
2.1.  Scientific research programmes shall be established in the Mediterranean to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.
Amendment 288
Proposal for a regulation
Annex IX – Part D – paragraph 2 – point 2.2 (new)
2.2.  Spatial measures shall be applied in the Mediterranean where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.
Amendment 289
Proposal for a regulation
Annex IX – Part D – paragraph 2 – point 2.3 (new)
2.3.  Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.
Amendment 259
Proposal for a regulation
Annex X – Part B – paragraph 1 – table – row 2

Text proposed by the Commission

At least 50 mm

Whole area

40 mm square mesh codends may be used as an alternative

Amendment

At least 40 mm

Whole area

50 mm diamond mesh codends1a may be used as an alternative to the 40 mm square mesh codend at the duly substantiated request of the vessel owner.

 

 

__________________

 

 

1a Only one type of net (either 40 mm square mesh or 50 mm diamond mesh) may be carried on board or deployed.

Amendment 260
Proposal for a regulation
Annex X – Part B – paragraph 2 – table – row 2

Text proposed by the Commission

At least 400 mm

Whole area

Directed fishing for turbot

Amendment

At least 400 mm

Whole area

Fishing for turbot with bottom set gillnets

Amendment 261
Proposal for a regulation
Annex X – Part C
Part C
deleted
Closed or restricted areas
Seasonal Closure to protect turbot
Directed fishing, transhipment, landing and first sale of turbot shall be permitted from 15 April to 15 June annually in Union waters of the Black Sea.
Amendment 290
Proposal for a regulation
Annex X – Part D – paragraph 1 a (new)
1a.  Measures to minimise incidental catches of seabirds
1a.1.  Scientific research programmes shall be established in the Black Sea to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.
1a.2.  Spatial measures shall be applied in the Black Sea where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.
1a.3.  Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.
Amendment 262
Proposal for a regulation
Annex XI – Part A – title
Baseline mesh sizes for towed gears
1.   Baseline mesh sizes for towed gears
Amendment 263
Proposal for a regulation
Annex XI – Part A – paragraph 1 – introductory part
The following codend mesh sizes shall apply in the Outermost Regions .
The following codend mesh sizes shall apply in Union waters in the Indian Ocean and in the West Atlantic
Amendment 264
Proposal for a regulation
Annex XI – Part A – table – row 3

Text proposed by the Commission

At least 45 mm

All waters off the coast of the French department of Guyana that come under the sovereignty or jurisdiction of France

Directed fishing for shrimp (Penaeus subtilis, Penaeus brasiliensis, Xiphopenaeus kroyeri)

Amendment

At least 45 mm

All waters off the coast of the French department of Guyana that come under the sovereignty or jurisdiction of France

Directed fishing for shrimp (Penaeus subtilis, Penaeus brasiliensis, Xiphopenaeus kroyeri) (15 % of catches)

Amendment 265
Proposal for a regulation
Annex XI – Part A – table – row 4

Text proposed by the Commission

At least 14 mm

Whole area

Directed fishing for small pelagic species with encircling nets

Amendment

deleted

 

 

Amendment 266
Proposal for a regulation
Annex XI – Part A – paragraph 1 a (new)
1a.  Baseline mesh size for purse seines
The following mesh sizes for purse seines shall apply in Union waters in the Indian Ocean and in the West Atlantic
Amendment 267
Proposal for a regulation
Annex XI – Part A – paragraph 1 a (new) – table (new)

Text proposed by the Commission

Amendment

Mesh size

Geographical areas

Conditions

At least 14 mm

Whole area

Directed fishing for small pelagic species with purse seines

Amendment 291
Proposal for a regulation
Annex XI – Part B a (new)
Part Ba
Mitigation measures for sensitive species
1.  Measures to reduce incidental catches of marine mammals
1.1.  It shall be prohibited for vessels to deploy static nets, driftnets, pelagic trawls or high vertical opening trawls or other fisheries where evidence identifies bycatch in Outermost Regions, without the simultaneous use of proven mitigation technology. Exemptions should be made only for those fisheries with demonstrated negligible cumulative bycatch.
1.2.  Point 1 shall not apply to fishing operations conducted solely for the purpose of scientific investigation which are carried out with the authorisation and under the authority of the Member States or Member States concerned and which aim at developing new technical measures to reduce the incidental capture or killing of cetaceans.
1.3.  Member States, through dedicated annual monitoring schemes, shall monitor and assess, by means of scientific studies or pilot projects, the effectiveness of the mitigation devices as described in point 1.1 in the fisheries and areas concerned.
2.  Measures to minimise incidental catches of seabirds
2.1.   Scientific research programmes shall be established in the Outermost Regions to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.
2.2.  Spatial measures shall be applied in the Outermost Regions where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.

(1) The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0381/2017).

Last updated: 11 October 2018Legal notice