REPORT on the proposal for a Council regulation amending Regulation (EC) No 1035/2001 establishing a catch documentation scheme for Dissostichus spp.

3.2.2005 - (COM(2004)0528 – C6‑0114/2004 – 2004/0179(CNS)) - *

Committee on Fisheries
Rapporteur: Margie Sudre

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council regulation amending Regulation (EC) No 1035/2001 establishing a catch documentation scheme for Dissostichus spp.

(COM(2004)0528 – C6‑0114/2004 – 2004/0179(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2004)0528)[1],

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0114/2004),

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

–   having regard to the report of the Committee on Fisheries (A6-0019/2005),

1.  Approves the Commission proposal;

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

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

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

• [1]  Not yet published in OJ.

EXPLANATORY STATEMENT

One of the main problems discussed within the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) is illegal fishing.

One of the initiatives taken to combat the scourge of illegal fishing is the catch documentation scheme for toothfish, which was adopted by the CCAMLR in 1999 and introduced at Community level in 2001. The scheme is designed to improve the monitoring of international trade in this species by determining the origin of imports and exports and collecting catch data in order to facilitate the scientific evaluation of stocks.

In 2003 the CCAMLR noted that the catch documentation scheme was not sufficiently precise and that this had given rise to the fraudulent use of the scheme. The proposed amendments to Regulation (EC) No 1035/2001 are based on the CCAMLR's most recent discussions.

The authorities responsible have found that toothfish covered by catch documents was sometimes being landed in ports of countries not applying the catch documentation scheme. In addition, landings in the ports of countries applying the scheme were in certain cases validated by the authorities of the flag state rather than by the competent authorities of the port.

Hence the need to amend the initial regulation, firstly by specifying the authorities authorised to control landings of toothfish and secondly by expanding the scope of the regulation. The proposal thus includes a definition of the term ‘import’ in order to preclude all fraudulent practices. It should be borne in mind that the main weapon in the fight against illegal fishing is the effective monitoring of marketing circuits. In future, it will be impossible to import or export toothfish without a catch document.

The Commission proposal amends four articles:

-          The amendment to Article 3 introduces a definition of the term ‘import’. The aim is to extend the scope of the regulation by linking it to the customs-based concept of import, which entails a series of strict controls. Overall, this expansion in scope is designed to improve monitoring of the product when it passes into or out of the Community market, including stocks imported or exported temporarily (particularly for trade fairs) or in transit (processed products).

-          The amendments to Article 4 are designed to link the granting of fishing licences or permits to the obligation to land catches in countries applying the catch documentation scheme. These provisions are intended to exclude landings in ports which do not apply the scheme.

-          The amendments to Articles 10 and 12 are designed to specify the port state authorities which are authorised to monitor catch documentation schemes. This will prevent fraudulent practices.

Your rapporteur believes that the amendments to Regulation No 1035/2001 faithfully reflect the CCAMLR’s latest recommendations and will make it possible to monitor toothfish exploitation as effectively as possible whilst limiting fraud. Consequently, even though the changes recommended are in fact already being implemented in the Member States concerned, your rapporteur takes a favourable view of the proposal.

PROCEDURE

Title	Proposal for a Council regulation amending Regulation (EC) No 1035/2001 establishing a catch documentation scheme for Dissostichus spp.
References	COM(2004)0528 – C6-0114/2004 – 2004/0179(CNS)
Legal basis	Article 37 EC
Basis in Rules of Procedure	Rule 51
Date of consulting Parliament	14.9.2004
Committee responsible	PECH
Date announced in plenary	13.10.2004
Committee(s) asked for opinion(s)	ENVI
Date announced in plenary	13.10.2004
Not delivering opinion	ENVI
Date of decision	20.9.2004
Enhanced cooperation	–
Date announced in plenary	–
Rapporteur(s)	Margie Sudre
Date appointed	1.9.2004
Previous rapporteur(s))
Simplified procedure	–
Date of decision	–
Legal basis disputed	–
Date of JURI opinion	–
Financial endowment amended	–
Date of BUDG opinion	–
European Economic and Social Committee consulted
Date of decision in plenary	–
Committee of the Regions consulted
Date of decision in plenary	–
Discussed in committee	24.11.2004
Date adopted	2.2.2005
Result of final vote	for:		unanimous
	against:
	abstentions:
Members present for the final vote	Elspeth Attwooll, Niels Busk, Luis Manuel Capoulas Santos, Zdzisław Kazimierz Chmielewski, Carmen Fraga Estévez, Alfred Gomolka, Heinz Kindermann, Albert Jan Maat, Rosa Miguélez Ramos, Philippe Morillon, Neil Parish, Struan Stevenson, Catherine Stihler, Margie Sudre, Daniel Varela Suanzes-Carpegna
Substitutes present for the final vote	Duarte Freitas, María Isabel Salinas García, Czesław Adam Siekierski
Substitutes under Rule 178(2) present for the final vote
Date tabled – A6	3.2.2005				A6-0019/2005