REPORT on the proposal for a regulation of the European Parliament and of the Council on the submission of data on landings of fishery products in Member States

8.5.2006 - (COM(2005)0566 – C6‑0376/2005 – 2005/0223(COD)) - ***I

Committee on Fisheries
Rapporteur: Philippe Morillon

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the submission of data on landings of fishery products in Member States

(COM(2005)0566 – C6‑0376/2005 – 2005/0223(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0566)[1],

–   having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0376/2005),

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

–   having regard to the report of the Committee on Fisheries (A6‑0169/2006),

1.  Approves the Commission proposal as amended;

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

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

Text proposed by the Commission	Amendments by Parliament
Amendment 1 Recital 8
(8) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission,	(8) Since the statistical data on landings of fishery products are an essential tool for the management of the Common Fisheries Policy, it is appropriate to adopt the measures for the implementation of this Regulation in accordance with the management procedure provided for by Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission,
Justification
Inclusion of a justification for the choice of a management committee procedure rather than a regulatory committee procedure.
Amendment 2 Article 1, point 1
(1) “Community vessels” means vessels flying the flag of, or registered in, a Community Member State.	(1) “Community fishing vessels” means fishing vessels flying the flag of a Member State and registered in the Community.
Justification
Amendment to improve coherence and in order to bring the text into line with existing legislation and standard formulations.
Amendment 3 Article 1, point 2
(2) “EFTA vessels” means vessels flying the flag of, or registered in, an EFTA country;	(2) “EFTA fishing vessels” means fishing vessels flying the flag of, or registered in, an EFTA country;
Justification
Amendment to improve coherence and in order to bring the text into line with existing legislation and standard formulations.
Amendment 4 Article 1, point 3, point (a)
(a) the value at first sale in national currency per tonne, or	(a) the value at first sale of the product landed (in national currency) divided by the quantity landed (in tonnes), or
Justification
Technical amendment for clarification and better drafting purposes.
Amendment 5 Article 3, paragraph 1
1. The statistical data shall cover total landings on national territory	1. The statistical data shall cover total landings on national territory within the European Union.
Justification
The national authorities don't have statistical data from national territory from their oversees areas.
Amendment 6 Article 8 a (new)
	Article 8a
	Updating of the annexes
	The annexes shall be technically adapted in accordance with the procedure laid down in Article 9(2).
Justification
Technical amendment replacing the texts deleted by amendments to last subparagraphs of Annexes I, II, III and IV, for coherence, clarification and better drafting purposes.
Amendment 7 Article 8 b (new)
	Article 8b
	Assessment
	The Commission shall, within three years of the date of entry into force of this Regulation and again every three years thereafter, submit a report to the European Parliament and the Council on the statistics compiled pursuant to this Regulation and in particular on their relevance and quality. The report shall also analyse the cost-effectiveness of the system used for the collection and processing of statistics and shall put forward best practices for lessening the workload for Member States and enhancing the usefulness and quality of the data.
Justification
This amendment stresses the need for regular reporting by the Commission and puts emphasis on the necessity of looking into the quality of the statistical results, as well as the possibilities of reducing the administrative burden on Member States and also of reducing statistical costs.
Amendment 8 Article 9, paragraph 2, subparagraph 1
2. Where reference is made to this paragraph, the management procedure laid down in Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.	2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Justification
Reference to the Comitology procedure is not necessary.
Amendment 9 Article 9, paragraph 2, subparagraph 2
The period laid down in Article 4(3) of that Decision shall be three months.	The period laid down in Article 4(3) of that Decision shall be set at three months.
Justification
Technical amendment.
Amendment 10 Annex I, last paragraph
The technical adaptation of the contents of this Annex shall be laid down in accordance with the procedure laid down in Article 9(2).	deleted
Justification
Replaced by amendment regarding introduction of a new Article on "Updating of the annexes".
Amendment 11 Annex II, last paragraph
The technical adaptation of the contents of this Annex shall be laid down in accordance with the procedure laid down in Article 9(2).	deleted
Justification
Replaced by amendment regarding introduction of a new Article on "Updating of the annexes".
Amendment 12 Annex III, Part A, table, row 7
Fresh (skinned and dried) 17	deleted
Justification
Change in the list of presentation codes; this product shall be assigned to the group with codes 70-79 (dried products).
Amendment 13 Annex III, Part A, table, row 33 a (new)
	Dried (skinned) 77
Justification
Change in the list of presentation codes; this product shall be assigned to the group with codes 70-79 (dried products).
Amendment 14 Annex III, Part B, last paragraph
The technical adaptation of the contents of this Annex shall be laid down in accordance with the procedure laid down in Article 9(2).	deleted
Justification
Replaced by amendment regarding introduction of a new Article on "Updating of the annexes".
Amendment 15 Annex IV, Part A, table
Destination Code   Destination Code Nature of submissions Human consumption 1   Human consumption 1 Mandatory Industrial uses 2   Industrial uses 2 Mandatory Withdrawn from the market 3   Withdrawn from the market 3 Voluntary Bait 4   Bait 4 Voluntary Animal feed 5   Animal feed 5 Voluntary Waste 6   Waste 6 Voluntary Intended use unknown 9   Intended use unknown 9 Voluntary
Justification
Technical amendment regarding introduction of a new column including a distinction between mandatory and voluntary data categories.

The current legislation requires only a breakdown of the submissions in order to establish whether the products are for human consumption or for industrial uses. The present proposal includes other possible uses of the products. Although the information on the additional uses is of interest, several Member States would have difficulty in submitting data for these additional uses. "Human consumption" and "Industrial uses" should be retained as mandatory information but the additional possible uses should be included as voluntary submissions.

Amendment 16 Annex IV, Part B, point 2 a (new)
	2a. Withdrawn from the market: included here are the quantities which originally were intended for human consumption but which, at the time of first sale, are withdrawn from the market owing to market conditions or hygiene regulations or for similar reasons.
Justification
Although definitions of "Human consumption" and "Industrial uses" are included in the Commission's proposal, no definitions of "Withdrawn from the market", "Bait", "Animal feed", "Waste", and "Intended use unknown" have been included. The missing definitions are now added to the proposal.
Amendment 17 Annex IV, Part B, point 2 b (new)
	2b. Bait: included here are quantities of fresh fish which are intended to be used as bait in other fishing activities. An example is the bait used in tuna pole and line fisheries.
Justification
Although definitions of "Human consumption" and "Industrial uses" are included in the Commission's proposal, no definitions of "Withdrawn from the market", "Bait", "Animal feed", "Waste", and "Intended use unknown" have been included. The missing definitions are now added to the proposal.
Amendment 18 Annex IV, Part B, point 2 c (new)
	2c. Animal feed: included here are the quantities of fresh fish intended to be fed direct to animals. Excluded are quantities intended for processing to fish meal and oil.
Justification
Although definitions of "Human consumption" and "Industrial uses" are included in the Commission's proposal, no definitions of "Withdrawn from the market", "Bait", "Animal feed", "Waste", and "Intended use unknown" have been included. The missing definitions are now added to the proposal.
Amendment 19 Annex IV, Part B, point 2 d (new)
	2d. Waste: included here are fish or parts thereof which due to their state are to be destroyed prior to landing.
Justification
Although definitions of "Human consumption" and "Industrial uses" are included in the Commission's proposal, no definitions of "Withdrawn from the market", "Bait", "Animal feed", "Waste", and "Intended use unknown" have been included. The missing definitions are now added to the proposal.
Amendment 20 Annex IV, Part B, point 2 e (new)
	2e. Intended use unknown: included here are quantities of fish which cannot be assigned to any of the above categories.
Justification
Although definitions of "Human consumption" and "Industrial uses" are included in the Commission's proposal, no definitions of "Withdrawn from the market", "Bait", "Animal feed", "Waste", and "Intended use unknown" have been included. The missing definitions are now added to the proposal.
Amendment 21 Annex IV, Part B, last paragraph
The technical adaptation of the contents of this Annex shall be laid down in accordance with the procedure laid down in Article 9(2).	deleted
Justification
Replaced by amendment regarding introduction of a new Article on "Updating of the annexes".

• [1]  Not yet published in OJ.

EXPLANATORY STATEMENT

Commission proposal

The Commission proposal is intended to replace the current Community legislation based on Council Regulation (EEC) No 1382/91 on the submission of data on the landings of fishery products in Member States.

The proposal differs from the current legislation in three main ways:

(a)       the statistical data is to be submitted on an annual, rather than monthly, basis. The Commission expresses the view that monthly data forwarded up to six months after the event are of limited use in day-to-day market management, while the compilation of annual data would be useful for medium- and long-term market analyses and would also mean less work for national authorities in forwarding data;

(b)       data submissions are to be required by the flag (or nationality) of the vessels responsible for the landings. This requirement, as opposed to the current submissions by broad groups of EU vessels, EFTA vessels and other vessels, will, according to the Commission, enable the data to be analysed in greater detail and yet would not significantly increase the workload on the national authorities who already collect the data to this level of detail;

(c)       in cases where the structural characteristics of the fishing industry in a given Member State raise difficulties for the national authorities out of all proportion to the industry's size, the proposal provides for a more flexible approach enabling sampling techniques to be used to estimate total landings. As long as their use is justified and the quality of the resulting data is analysed in a methodological report, national authorities may, to an appropriate extent, use sampling methods for data collection purposes. Under the current regulation, sampling techniques may be used only 'to estimate up to 10 % by weight of the fishery products landed in that month'.

Rapporteur's remarks and amendments tabled

On the whole, the proposal is a positive development in that it can help to improve and simplify the current legislation, while reducing the workload for the Member States.

The rapporteur acknowledges that there are major differences in structure between the fisheries sectors in the various Member States and that the job of the national authorities in collecting and processing data on the volume and value of landings of fishery products differs accordingly. There are also differences in the way in which national fisheries statistics systems are organised and in the data collection techniques used. These must be tailored to the situation and the structure of the fisheries sector in each Member State.

Furthermore, the data collected need to be coordinated and harmonised so as to ensure the availability of the comparable data required for the formulation and monitoring of fair and effective Community policies in connection with the common organisation of the market in fisheries and acquaculture products.

The rapporteur believes that the proposed changes will enable the data to be analysed and used more effectively.

Most of the amendments tabled seek to make the text clearer and more consistent.

On of the amendments takes due account of the difficulties that may be caused for some Member States by the obligation to submit data on all the intended uses provided for in Annex IV. It is proposed that mandatory submissions should be restricted to the first two categories (human consumption and industrial use), while the submission of data on the other intended uses would be made voluntary.

The rapporteur also puts forward an amendment seeking to ensure that Parliament and the Council regularly receive information enabling them to monitor implementation of the Regulation, particularly in connection with the relevance and quality of the statistics compiled. This should include a cost-effectiveness analysis of the system introduced and reports on best practices for lessening the workload for national authorities and enhancing the usefulness and quality of the data.

The proposal also contains a change in comitology procedure. The regulatory procedure provided for in Article 5 of Council Decision 1999/468/EC is replaced by the management procedure (Article 4 of the same decision). The regulatory procedure is currently provided for in Article 6 of Council Regulation (EEC) No 1382/91, as last amended by European Parliament and Council Regulation (EC) No 1882/2003 of 29 September 2003. One of the amendments puts forward reasons for this change, in line with Community case law.

To wind up, the rapporteur endorses the Commission proposal, subject to the changes contained in the amendments tabled.

PROCEDURE

Title		Proposal for a regulation of the European Parliament and of the Council on the submission of data on landings of fishery products in Member States
References		COM(2005)0566 – C6-0376/2005 – 2005/0223(COD)
Date submitted to Parliament		11.11.2005
Committee responsible   Date announced in plenary		PECH 17.11.2005
Committee(s) asked for opinion(s)   Date announced in plenary
Not delivering opinion(s)   Date of decision
Enhanced cooperation   Date announced in plenary
Rapporteur(s)   Date appointed		Philippe Morillon 24.11.2005
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		22.2.2006	20.3.2006
Date adopted		3.5.2006
Result of final vote	+ – 0	27 0 0
Members present for the final vote		James Hugh Allister, Stavros Arnaoutakis, Elspeth Attwooll, Iles Braghetto, Niels Busk, Luis Manuel Capoulas Santos, Paulo Casaca, Zdzisław Kazimierz Chmielewski, Carmen Fraga Estévez, Ioannis Gklavakis, Alfred Gomolka, Pedro Guerreiro, Ian Hudghton, Heinz Kindermann, Henrik Dam Kristensen, Albert Jan Maat, Willy Meyer Pleite, Rosa Miguélez Ramos, Philippe Morillon, Willi Piecyk, Dirk Sterckx, Struan Stevenson, Margie Sudre, Daniel Varela Suanzes-Carpegna
Substitute(s) present for the final vote		Duarte Freitas, María Isabel Salinas García, Carl Schlyter
Substitute(s) under Rule 178(2) present for the final vote		Ana Maria Gomes, Luis de Grandes Pascual, Manuel Medina Ortega, Francisco José Millán Mon, José Ignacio Salafranca Sánchez-Neyra
Date tabled		8.5.2006
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