REPORT on the proposal for a Council regulation concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters

11.3.2008 - (COM(2007)0330 – C6‑0236/2007 – 2007/0114(CNS)) - *

Committee on Fisheries
Rapporteur: Philippe Morillon

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council regulation on concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters

(COM(2007)0330 – C6‑0236/2007 – 2007/0114(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0330),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6‑0236/2007),

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

–   having regard to the report of the Committee on Fisheries and the opinion of the Committee on Development (A6‑0072/2007),

1.  Approves the Commission proposal as amended;

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

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

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

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

Text proposed by the Commission	Amendments by Parliament
Amendment 1 Article 1, point (b)
(b) the authorisation for vessels flying the flag of a Member State other than Community fishing vessels to engage in activities outside Community waters in the framework of an agreement;	deleted
Justification
To clarify that the Regulation does not apply to overseas territories of EU Member States.
Amendment 2 Article 2, point (m)
(m) Serious infringement: a serious infringement as defined in Regulation (EC) No 1447/99 of 24 June 1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy1 or a serious infringement or a serious violation under the agreement concerned;	(m) Serious infringement: a serious infringement as defined in Regulation (EC) No 1447/99 of 24 June 1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy1, or a serious infringement or a serious violation under the agreement concerned; an infringement shall be confirmed by a successful prosecution in accordance with the relevant national legislation;
Justification
To clarify that an infringement must first be confirmed by the conclusion of a successful prosecution.
Amendment 3 Article 2, point (n)
(n) IUU list: list of fishing vessels identified in the framework of a RFMO as having been involved in illegal, unreported and unregulated fishing;	(n) IUU list: list of fishing vessels identified in the framework of a RFMO or by the Commission under Council Regulation (EC) No...of ... [establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing]1 as having been involved in illegal, unreported and unregulated fishing; _________________ 1 COM(2007)0602.
Amendment 4 Article 3, title
General provision	General provisions
Justification
The proposed wording is intended to make the text clearer and more in line with the title of the document.
Amendment 5 Article 3
Only Community fishing vessels for which a fishing authorisation has been issued in accordance with this Regulation shall be entitled to engage in fishing activities in the waters subject to an agreement.	Only Community fishing vessels for which a fishing authorisation has been issued in accordance with this Regulation shall be entitled to engage in fishing activities outside Community waters.
Justification
The proposed wording is intended to make the text clearer and more in line with the title of the document.
Amendment 6 Article 4, paragraph 1
1. When an agreement has been concluded, the Commission shall inform the Member States thereof.	1. The Commission may seek expressions of interest from the Member States before negotiations start on an agreement, subject to confirmation once negotiations are complete and allocations made. When an agreement has been concluded by the third country and approved by Council, the Commission shall inform the Member States thereof.
Justification
To allow for early indications of interest and to clarify the approval procedure for fisheries agreements.
Amendment 7 Article 7, paragraph 1, point (a)
(a) that are not eligible for a fishing authorisation under the agreement concerned or are not included in the list of vessels notified in accordance with Article 4;	(a) that are not eligible for a fishing authorisation under the agreement concerned;
Justification
It should be possible to apply for authorisation for vessels which, for suitably justified reasons, have not been included in the list of vessels notified in accordance with Article 4.
Amendment 8 Article 7, paragraph 1, point (b)
(b) that during the previous 12 months of fishing activities under the agreement concerned or, in case of a new agreement, of fishing activities of the agreement that preceded that agreement, have committed a serious infringement, or, where appropriate, have not yet fulfilled the conditions under that agreement for that period;	(b) that during the previous 12 months of fishing activities under the agreement concerned or, in case of a new agreement, of fishing activities of the agreement that preceded that agreement, have committed a serious infringement, or, where appropriate, have not yet fulfilled the conditions under that agreement for that period except where a penalty has already been imposed on the vessel concerned, where there is evidence that the infringement was not serious, and/or where the owner of the vessel has changed and the new owner provides guarantees that the conditions will be fulfilled.
Justification
In the circumstances referred to in the additional text, it would be unacceptable for fishing vessels not to be eligible.
Amendment 9 Article 7, paragraph 1, point (d)
(d) for which the data contained in the Community fleet register and the Community fishing authorisation information system within the meaning of Article 16 is incomplete or inaccurate;	(d) until such time as incomplete or inaccurate data concerning them in the Community fleet register and the Community fishing authorisation information system within the meaning of Article 16 have been corrected;
Justification
Correcting incomplete or inaccurate data is an administrative act which, once completed, will allow vessels to appear on the list specified.
Amendment 10 Article 9, paragraph 1, introduction
1. The Commission shall not transmit to the authorising authority applications, with regard to which:	1. The Commission, having given the Member States the opportunity to submit their observations, shall not transmit to the authorising authority applications, with regard to which:
Justification
Prior to any decision not to transmit applications Member States should have the opportunity to submit their observations, particularly in cases where action is needed to remedy omissions or resolve problems.
Amendment 11 Article 9, paragraph 1, point (a)
(a) the data provided by the Member State is incomplete;	(a) the data provided by the Member State is incomplete with respect to the requirements of the fisheries agreement in question;
Justification
In the circumstances referred to in the additional text, it would be unacceptable for fishing vessels not to be eligible.
Amendment 12 Article 10
Where the Commission has reason to believe that a Member State has not complied with the obligations referred to in Annex I with regard to a specific agreement, it shall inform the Member State thereof and give that Member State the opportunity to submit its observations. Should the Commission determine, in the light of any observations submitted by the Member State, that a breach of those obligations has occurred, then it shall decide, having due regard to the principles of legitimate expectation and proportionality, to exclude the vessels of that Member State from further participation under that agreement.	Where it comes to the Commission’s knowledge, on the basis of duly substantiated facts, that a Member State has not complied with the obligations referred to in Annex I with regard to a specific agreement, the Commission shall inform the Member State thereof and give that Member State the opportunity to submit its observations. If, in the light of any observations submitted by the Member State, a breach of those obligations is proven to have occurred, the Commission may decide, having due regard to the principles of legitimate expectation and proportionality, to exclude the vessels of that Member State from further participation under that agreement.
Justification
Couched in the terms proposed by the Commission, this article entails great legal uncertainty, referring as it does to possible ‘reasons to believe’. Any refusal by the EC to pass on applications has to be based on proven facts.
Amendment 13 Article 17, paragraph 1
1. Without prejudice to the provisions laid down in Titles II and IIa of Regulation (EC) No 2847/93, Community fishing vessels for which a fishing authorisation has been issued under Section II or Section III shall transmit on a daily basis to their competent national authority the data concerning their catches and fishing effort.	1. Without prejudice to the provisions laid down in Titles II and IIa of Regulation (EC) No 2847/93, Community fishing vessels for which a fishing authorisation has been issued under Section II or Section III shall transmit to their competent national authority the data concerning their catches and fishing effort with a frequency appropriate to each agreement and fishery concerned. The transmission requirements shall be compatible with those contained in the e-logbook regulation.
Justification
To have realistic reporting requirements which are in line with other EU legislation.
Amendment 14 Article 19, paragraph 1
1. Without prejudice to Article 26(4) of Regulation (EC) No 2371/2002 and Article 21(3) of Regulation (EC) No 2847/93, when a Member State considers that the fishing opportunities which have been allocated to it have been exhausted, it shall immediately prohibit fishing activities for the respective area, stock or group of stocks.	1. Without prejudice to Article 26(4) of Regulation (EC) No 2371/2002 and Article 21(3) of Regulation (EC) No 2847/93, when a Member State considers that the fishing opportunities which have been allocated to it have been exhausted, it shall immediately prohibit fishing activities for the respective area, stock or group of stocks, and suspend those authorisations which have already been granted.
Justification
This ensures more effective monitoring of fishing activities.
Amendment 15 Article 19, paragraph 3
3. Where fishing authorisations have been issued for mixed fisheries and one of the stocks or group of stocks concerned is deemed to be exhausted, the Member State shall prohibit all fishing activities that are part of the mixed fisheries.	3. Where fishing authorisations have been issued for mixed fisheries and one of the stocks or group of stocks concerned is deemed to be exhausted, the Member State shall prohibit the specific activities which threaten endangered stocks.
Justification
A ban should be imposed on activities threatening endangered stocks and not all fishing activities.
Amendment 16 Article 20, paragraph 1
1. If a Community fishing vessel has committed a serious infringement, the Member State shall ensure that the vessels will no longer be allowed to make use of the fishing authorisation issued under the agreement concerned for the remaining duration of that authorisation and shall inform the Commission thereof without delay by electronic transmission.	1. If a Community fishing vessel has committed a serious infringement when fishing under an agreement, the Member State shall ensure that the vessels will no longer be allowed to make use of the fishing authorisation issued under the agreement concerned for the remaining duration of that authorisation and shall inform the Commission thereof without delay by electronic transmission.
Justification
For clarification.
Amendment 17 Article 20, paragraph 3
3. Inspection and surveillance reports drawn up by Commission inspectors, Community inspectors, inspectors of the Member States or inspectors of a third country, which is party to the agreement concerned, shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated equally to inspection and surveillance reports of the Member State.	3. Inspection and surveillance reports drawn up by Commission inspectors, Community inspectors, inspectors of the Member States or inspectors of a third country, which is party to the agreement concerned, shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated equally to inspection and surveillance reports of the Member State in accordance with the relevant national legislation.
Justification
To clarify the legal position on admissibility of evidence in the legal orders of the Member States.
Amendment 18 Article 21, paragraph 1, point (a)
(a) For all concerned users of the Member States and concerned authorising authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to that data they need in the framework of the fishing authorisation process.	(a) For authorising authorities concerned on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to those data they need in the framework of the fishing authorisation process.
Amendment 19 Article 21, paragraph 1, point (b)
(b) For all concerned users of the competent inspection authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to that data they need in the framework of their inspection activities.	(b) For the competent inspection authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to those data they need in the framework of their inspection activities.

OPINION of the Committee on Development (29.1.2008)

for the Committee on Fisheries

on the proposal for a Council regulation concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters
(COM(2007)0330 – C6‑0236/2007 – 2007/0114(CNS))

Draftswoman: Marie-Hélène Aubert

SHORT JUSTIFICATION

There is much fishing by EU vessels fish outside waters under the jurisdiction of the Community. According to information provided by the Commission, 40% of the total EU fleet in terms of vessel tonnage operate on the high seas or in the waters of third countries, though it is EU activities in developing countries that is of interest to this committee. Vessels from other countries also fish in EU waters, notably under the terms of the so-called "northern agreements".

It is thus very important that the EU have a clear system for authorising both types of activities. This legislative proposal is part of the Commission's efforts to "simplify" the Common Fisheries Policy (CFP). It sets up general rules and conditions for applying for and issuing licences to fish, clarifies the responsibilities of Commission and the Member States and specifies the reporting requirements of fishing activities.

The Commission introduces a number of innovative ideas that would improve compliance with the terms of fisheries agreements and bring greater transparency to the activities of EU vessels in third country waters.

In particular, it proposes strict criteria for fishing vessels that wish to benefit from the terms of agreements with third countries. Vessels that have committed a serious infringement of the CFP during the previous 12 months, or that have been included on an internationally-established list of vessels that operate illegally, should not be eligible for a licences. These are good ideas, consistent with the fight being waged by the EU against IUU (illegal, unregulated and unreported) fishing.

Another positive proposal covers failure of Member States to live up to their responsibilities. If a Member State fails to report on the activities of its fleet, fails to close a fishery when the quota is exhausted or fails to ensure that other requirements are met (vessel satellite monitoring, logbooks, etc), then the Commission would be entitled to exclude vessels from that Member State from fishing under the agreement. Given that certain segments of the EU distant water fleet, especially the surface longline fleet, frequently disregard the requirement to report their catches, this idea should be welcomed.

Given the very high priority that the Commission and the EU accord the fight against IUU fishing and the significant losses to the fishery resources from IUU vessels operating in Developing Countries, an amendment to the Commission's proposal should be proposed.

A number of international bodies (known as Regional Fisheries Management Organizations, or RFMOs), have adopted lists of vessels that have engaged in IUU activities. The current proposal would prohibit any EU-flagged vessels on these lists from being issued a licence to fish outside the EU. Since this proposal was issued, the Commission has published a further proposal on combating IUU fishing which includes the creation of a specific EU list of IUU vessels, so vessels on the EU list should be treated in the same manner as those on the RFMO lists. An amendment is proposed to that effect.

Discussions in Council are apparently focussing on certain aspects of this proposal that do not apply to fisheries agreements with ACP countries and it is not clear to what extent the proposal will be modified, and whether certain aspects will end up included in another regulation of general fisheries control. Regardless of which regulation the above measures appear, the draftswoman thinks they are very important to maintain.

AMENDMENT

The Committee on Development calls on the Committee on Fisheries, as the committee responsible, to incorporate the following amendment in its report:

Text proposed by the Commission[1]	Amendment by Parliament
Amendment 1 Article 2, point (n)
(n) IUU list: list of fishing vessels identified in the framework of a RFMO as having been involved in illegal, unreported and unregulated fishing;	(n) IUU list: list of fishing vessels identified in the framework of a RFMO or by the Commission under Council Regulation (EC) No...of ... [establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing]1 as having been involved in illegal, unreported and unregulated fishing; _________________ 1 COM(2007)0602.

PROCEDURE

Title	Fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters
References	COM(2007)0330 – C6-0236/2007 – 2007/0114(CNS)
Committee responsible	PECH
Opinion by        Date announced in plenary	DEVE 3.9.2007
Drafts(wo)man        Date appointed	Marie-Hélène Aubert 17.7.2007
Date adopted	29.1.2008
Result of final vote	+: –: 0:	32 0 0
Members present for the final vote	Thijs Berman, Josep Borrell Fontelles, Marie-Arlette Carlotti, Corina Creţu, Ryszard Czarnecki, Nirj Deva, Koenraad Dillen, Fernando Fernández Martín, Alain Hutchinson, Romana Jordan Cizelj, Madeleine Jouye de Grandmaison, Filip Kaczmarek, Glenys Kinnock, Maria Martens, Gay Mitchell, Luisa Morgantini, Horst Posdorf, José Ribeiro e Castro, Toomas Savi, Frithjof Schmidt, Jürgen Schröder, Feleknas Uca, Johan Van Hecke, Jan Zahradil
Substitute(s) present for the final vote	Sorin Frunzăverde, Miguel Angel Martínez Martínez, Manolis Mavrommatis, Atanas Paparizov, Anne Van Lancker, Ralf Walter, Renate Weber
Substitute(s) under Rule 178(2) present for the final vote	Catherine Neris

• [1]  Not yet published in OJ.

PROCEDURE

Title	Fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters
References	COM(2007)0330 – C6-0236/2007 – 2007/0114(CNS)
Date of consulting Parliament	17.7.2007
Committee responsible        Date announced in plenary	PECH 3.9.2007
Committee(s) asked for opinion(s)        Date announced in plenary	DEVE 3.9.2007		ENVI 3.9.2007
Not delivering opinions        Date of decision	ENVI 27.6.2007
Rapporteur(s)        Date appointed	Philippe Morillon 28.2.2008
Previous rapporteur(s)	Catherine Stihler
Date adopted	28.2.2008
Result of final vote	+: –: 0:	19 5 2
Members present for the final vote	Alfonso Andria, Elspeth Attwooll, Marie-Hélène Aubert, Iles Braghetto, Luis Manuel Capoulas Santos, Paulo Casaca, Zdzisław Kazimierz Chmielewski, Avril Doyle, Emanuel Jardim Fernandes, Carmen Fraga Estévez, Duarte Freitas, Ioannis Gklavakis, Hélène Goudin, Pedro Guerreiro, Ian Hudghton, Heinz Kindermann, Rosa Miguélez Ramos, Marianne Mikko, Philippe Morillon, Seán Ó Neachtain, Struan Stevenson, Catherine Stihler, Margie Sudre, Cornelis Visser
Substitute(s) present for the final vote	Thomas Wise
Substitute(s) under Rule 178(2) present for the final vote	Francesco Ferrari