REPORT on the amended proposal for a regulation of the European Parliament and of the Council on the European Maritime and Fisheries Fund repealing Council Regulation (EC) No 1198/2006 and Council Regulation (EC) No 861/2006 and Council Regulation No XXX/2011 on integrated maritime policy

7.8.2013 - (COM(2013)0245 – C7‑0108/2013 – 2011/0380(COD)) - ***I

Committee on Fisheries
Rapporteur: Alain Cadec

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the amended proposal for a regulation of the European Parliament and of the Council on the European Maritime and Fisheries Fund repealing Council Regulation (EC) No 1198/2006 and Council Regulation (EC) No 861/2006 and Council Regulation No XXX/2011 on integrated maritime policy

(COM(2013)0245 – C7‑0108/2013 – 2011/0380(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2011)0804) and the amended proposal COM(2013)0245),

–   having regard to Article 294(2) and Articles 42, 43(2),91(1), 100(2), 173(3), 175, 188, 192(1), 194(2) and 195(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7–0108/2013),

- having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinions of the European Economic and Social Committee of 22 May 2013 [1],

–   having regard to Rules 55 and 37 of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries and the opinions of the Committee on Budgets, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety and the Committee on Regional Development (A7-0282/2013),

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

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

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

Amendment  1 Draft legislative resolution Paragraph 1 c (new)
Text proposed by the Commission	Amendment
	1c. Recalls that, in its resolution of 8 June 2011, Parliament stressed that fisheries resources constitute a public good vital for global food security; it pointed to the fact that the fisheries and aquaculture sector and related activities are often the main source of livelihood and sustainable employment in coastal, island and remote regions; it furthermore considered that, in order to achieve its medium and long–term goals (stable, sustainable and viable fisheries sector), to recover its fish stocks and to tackle the social aspects linked to the reduction of fishing effort, the reformed Common Fisheries Policy (CFP) will need adequate financial resources after 2013;
	______________
	1 Texts adopted, P7_TA(2011)0266.
Amendment  2 Proposal for a regulation Citation 1
Text proposed by the Commission	Amendment
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 42, Article 43(2), Article 91(1), Article 100(2), Article 173(3), Article 175, Article 188, Article 192(1), Article 194(2) and Article 195(2) thereof,	Having regard to the Treaty on the Functioning of the European Union, and in particular Article 42, Article 43(2), Article 91(1), Article 100(2), Article 173(3), Article 175, Article 188, Article 192(1), Article 194(2), Article 195(2) and Article 349 thereof,
Justification
Reference should be made to Article 349 of the Treaty in the legal bases in order to take account of the specific arrangements for the outermost regions.
Amendment  3 Proposal for a regulation Recital 1 a (new)
Text proposed by the Commission	Amendment
	(1a) The strategic importance of the fisheries sector for the socio-economic situation, for the public supply of fish and for the food balance of the different Member States and of the Union, as well as its considerable contribution to the socio-economic well-being of coastal communities, to local development, to employment, to the maintenance/creation of economic activities and of jobs both upstream and downstream, to the supply of fresh fish and to the maintenance of local cultural traditions;
Amendment  4 Proposal for a regulation Recital 2
Text proposed by the Commission	Amendment
(2) The scope of the EMFF should cover the support of the CFP which extends to conservation, management and exploitation of marine biological resources, fresh water biological resources and– aquaculture, as well as to the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States, or in Union waters, including by fishing vessels flying the flag of, and registered in, third countries, or by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea.	(2) The scope of the EMFF should cover the support of the CFP which extends to conservation, management and sustainable exploitation of marine biological resources, fresh water biological resources and aquaculture, as well as to the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States, or in Union waters, or by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea.
Justification
Providing support for non–EU fishing vessels is not part of the EMFF’s remit.
Amendment  5 Proposal for a regulation Recital 2 a (new)
Text proposed by the Commission	Amendment
	(2a) It should be stressed that the CFP is a food-related policy, justifying public intervention through the EMFF in order to maintain the food security of citizens of the Union.
Amendment  6 Proposal for a regulation Recital 2 b (new)
Text proposed by the Commission	Amendment
	(2b) The EMFF should take full account of the specific situation of the outermost regions pursuant toArticle 349 TFEU. The situation of the outermost regions and the specific nature of the fisheries sector in them means that the CFP and the associated funds, in particular the EMFF, should be adapted to the specific features, constraints, additional costs and realities of those regions, which profoundly differ from the rest of the Union. To that end, specific measures should be authorised for these regions.
Amendment  7 Proposal for a regulation Recital 2 c (new)
Text proposed by the Commission	Amendment
	(2c) The future EMFF should make full allowance for the problems and specific needs of –small scale fisheries, bearing in mind that, in the Union, the –small scale fleet is the one whichemploys the greatest number of peopleper fish caught.
Amendment  8 Proposal for a regulation Recital 3
Text proposed by the Commission	Amendment
(3) The success of the Common Fisheries Policy depends on an effective system of control, inspection and enforcement as well as on reliable complete data, both for scientific advice and for implementation and control purposes; therefore the EMFF should support these policies.	(3) The success of the Common Fisheries Policy depends on an effective system of control, inspection, including workplace inspections and enforcement as well as on reliable complete data, both for scientific advice and for implementation and control purposes; therefore the EMFF should support these policies.
Amendment  9 Proposal for a regulation Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) In order to foster in fishermen a sense ofownership of the CFP, thereby contributing to the correct implementation and the overall success of the CFP, the EMFF should support partnership, cooperation and dialogue between scientists and fishermen.
Amendment  10 Proposal for a regulation Recital 4
Text proposed by the Commission	Amendment
(4) The scope of the EMFF should cover the support to the IMP which extends to the development and implementation of coordinated operations and decision–making in relation to the oceans, seas, coastal regions and maritime sectors complementing the different EU policies that touch upon them, notably the Common Fisheries Policies, transport, industry, territorial cohesion, environment, energy and tourism. Coherence and integration should be ensured in the management of different sectoral policies within the Baltic Sea, North Sea, Celtic Seas, Bay of Biscay and the Iberian Coast, Mediterranean and Black Sea sea basins.	(4) The scope of the EMFF should cover the support to the IMP which extends to the development and implementation of coordinated operations and decision–making in relation to the oceans, seas, coastal regions and maritime sectors complementing the different EU policies that touch upon them, notably the Common Fisheries Policies, transport, industry, territorial cohesion, environment, energy and tourism, areas for which it is necessary to promote scientific research, professional competence and training. Coherence and integration should be ensured in the management of different sectoral policies within the Baltic Sea, North Sea, Celtic Seas, Bay of Biscay and the Iberian Coast, Mediterranean and Black Sea sea basins.
Amendment  11 Proposal for a regulation Recital 4 a (new)
Text proposed by the Commission	Amendment
	((4a) When defining and implementing the policies and actions relating to the reform of the CFP, IMP and EMFF, the Union should take into account requirements linked to the promotion of a high level of employment, a guarantee of adequate social protection, the fight against social exclusion and a high level of education, training and protection of human health, in accordance with Article 9 TFEU.
Amendment  12 Proposal for a regulation Recital 5
Text proposed by the Commission	Amendment
(5) In line with the conclusions of the European Council of 17 June 2010, whereby the Europe 2020 Strategy was adopted, the Union and Member States should implement the delivery of smart, sustainable and inclusive growth, while promoting harmonious development of the Union. In particular, resources should be concentrated to meet the Europe 2020 objectives and targets and effectiveness should be improved by an increased focus on results. The inclusion of the IMP in the new EMFF also contribute to the major policy objectives set out in the Communication from the Commission of 3 March 2010 ‘Europe 2020 – A strategy for smart, sustainable and inclusive growth (‘Europe 2020 Strategy’) and is in line with the general objectives to increase economic, social and territorial cohesion set out in the Treaty.	(5) In line with the conclusions of the European Council of 17 June 2010, whereby the Europe 2020 Strategy was adopted, the Union and Member States should implement the delivery of smart, sustainable and inclusive growth, while promoting harmonious development of the Union. In particular, resources should be concentrated to meet the Europe 2020 objectives and targets, and in particular those linked to employment and the fight against poverty, social exclusion and climate change. Furthermore, effectiveness should be improved by an increased focus on results. The inclusion of the IMP in the new EMFF also contribute to the major policy objectives set out in the Communication from the Commission of 3 March 2010 ‘Europe 2020 – A strategy for smart, sustainable and inclusive growth (‘Europe 2020 Strategy’) and is in line with the general objectives to increase economic, social and territorial cohesion set out in the Treaty.
Amendment  13 Proposal for a regulation Recital 6
Text proposed by the Commission	Amendment
(6) To ensure that the EMFF contributes to the achievement of the objectives of the CFP, the IMP and the Europe 2020 Strategy, it is necessary to focus on a limited number of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture, promoting sustainable and resource–efficient fishing and aquaculture, and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland fisheries communities and promoting diversification of fisheries activities into other sectors of the marine economy.	(6) To ensure that the EMFF contributes to the achievement of the objectives of the CFP, the IMP and the Europe 2020 Strategy, it is necessary to identify a range of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture, promoting sustainable and resource–efficient fishing and aquaculture, and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland fisheries communities and promoting diversification of fisheries activities into other sectors of the marine economy.
Amendment  14 Proposal for a regulation Recital 7 a (new)
Text proposed by the Commission	Amendment
	(7a) The EMFF should contribute to improving the standards of living of those who depend on fishing, guaranteeing better working standards for fishermen, in particular through ensuring compliance with legislation on health and safety in the workplace and with the provisions of collective labour agreements.
Amendment  15 Proposal for a regulation Recital 7 b (new)
Text proposed by the Commission	Amendment
	(7b) In order to avoid confusion about the application and impact of specific financial measures of the EMFF on the various stakeholders who participate in the fishing sector, it will be useful to introduce a clear distinction between ship owners and wage–earning fishermen, as has already been set forth in ILO Convention No 188.
Amendment  16 Proposal for a regulation Recital 8
Text proposed by the Commission	Amendment
(8) The overall objective of the Common Fisheries Policy is to ensure that fishing and aquaculture activities contribute to long–term sustainable environmental conditions which are necessary for economic and social development. It should contribute moreover to increased productivity, a fair standard of living for the fisheries sector, stable markets, ensure the availability of resources and that supplies reach consumers at reasonable prices.	(8) The overall objective of the Common Fisheries Policy is to ensure that fishing and aquaculture activities contribute to long–term economic, social and environmentally sustainable development. It should contribute moreover to increased productivity, a fair standard of living for the fisheries sector, stable markets, ensure the availability of resources and that supplies reach consumers at reasonable prices.
Justification
The economic, social and environmental pillars should not be ranked hierarchically.
Amendment  17 Proposal for a regulation Recital 9
Text proposed by the Commission	Amendment
(9) It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union's environmental policy and the Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield, not later than 2015. The CFP should implement the precautionary and eco–system approaches to fisheries management. Consequently the EMFF should contribute to the protection of the marine environment as set out in the Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)	(9) It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union's environmental policy and the Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield by 2015, where possible, and in any event by 2020. The CFP should implement a balanced approach to sustainable development, which it should achieve through fisheries planning, exploitation and management which takes into account aspirations and current social needs, without undermining the advantages that future generations should be able to derive from all the goods and services arising from marine eco–systems. Consequently the EMFF should contribute to the protection of the marine environment as set out in the Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)
Amendment  18 Proposal for a regulation Recital 9 a (new)
Text proposed by the Commission	Amendment
	(9a) The measures financed through the EMFF should comply with Articles 39 and 41 TFEU, which refer to a balanced approach in the use of labour law and effective coordination as regards vocational training.
Amendment  19 Proposal for a regulation Recital 10
Text proposed by the Commission	Amendment
(10) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States given the scale and effects of the operations to be financed under the operational programmes and the structural problems encountered in the development of the fisheries and maritime sectors as well as the limited financial resources of the Member States, these objectives can therefore be better achieved at Union level by providing multi–annual financial assistance focused on the relevant priorities, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5(3) of the Treaty on the European Union. In accordance with the principle of proportionality as set out in Article 5(4) of that Treaty, this Regulation does not go beyond what is necessary in order to achieve that objective.	(10) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States given the scale and effects of the operations to be financed under the operational programmes and the structural problems encountered in the development of the fisheries, aquaculture and maritime sectors as well as the limited financial resources of the Member States, these objectives can therefore be better achieved at Union level by providing multi–annual financial assistance focused on the relevant priorities, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5(3) of the Treaty on the European Union. In accordance with the principle of proportionality as set out in Article 5(4) of that Treaty, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment  20 Proposal for a regulation Recital 11
Text proposed by the Commission	Amendment
(11) The financing of the Common Fisheries Policy and Maritime Integrated Policy expenditure through a single fund, the EMFF, should address the need for simplification as well as strengthening the integration of both policies. The extension of shared management to Common Markets Organisations including the compensation for the outermost regions, control and data collection activities should further contribute to simplification and reduce the administrative burden both for the Commission and the Member States as well as achieve greater coherence and efficiency of the support granted.	(11) The financing of the Common Fisheries Policy and Maritime Integrated Policy expenditure through a single fund, the EMFF, should address the need for simplification as well as strengthening the integration of both policies. The extension of shared management to Common Markets Organisations including the compensation for the outermost regions, control and data collection and management activities should further contribute to simplification and reduce the administrative burden both for the Commission and the Member States as well as achieve greater coherence and efficiency of the support granted.
Amendment  21 Proposal for a regulation Recital 11 a (new)
Text proposed by the Commission	Amendment
	(11a) The financing should be as defined in point 17 of the Interinstitutional Agreement of XX/201Z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management.
Amendment  22 Proposal for a regulation Recital 11 b (new)
Text proposed by the Commission	Amendment
	(11b) Any financing should be without prejudice to the provisions of the Regulation laying down the multiannual financial framework for the years 2014–2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management.
Amendment  23 Proposal for a regulation Recital 12
Text proposed by the Commission	Amendment
(12) The Union budget should finance the Common Fisheries Policy and the Integrated Maritime Policy expenditure through a single fund, the EFMF, either directly or in the context of shared management with the Member States. Shared management with the Member States should apply not only to measures to support fisheries, aquaculture and community–led local development but also to Common Markets Organisations and the compensation for the outermost regions, control and data collection activities. Direct management should apply to scientific advice, voluntary contributions to Regional Fisheries Management Organisations, advisory councils and operations for the implementation of an Integrated Maritime Policy. The types of measures that can be financed using the EMFF should be specified.	(12) The Union budget should finance the Common Fisheries Policy and the Integrated Maritime Policy expenditure through a single fund, the EFMF, either directly or in the context of shared management with the Member States. Shared management with the Member States should apply not only to measures to support fisheries, aquaculture and community–led local development but also to marketing and processing measures and to the compensation for the outermost regions, control and data collection activities. Direct management should apply to the preparation of production and marketing plans, storage aid, scientific advice, voluntary contributions to Regional Fisheries Management Organisations, advisory councils and operations for the implementation of an Integrated Maritime Policy. The types of measures that can be financed using the EMFF should be specified.
Justification
It is essential to ensure that a level playing field exists for POs throughout the European Union and that the funding for the preparation of production and marketing plans and storage aid is by direct means.
Amendment  24 Proposal for a regulation Recital 14
Text proposed by the Commission	Amendment
(14) According to Articles 50 and 51 of the [Regulation on the Common Fisheries Policy] (hereinafter CFP Regulation) Union financial assistance under EMFF should be made conditional upon compliance by Member States as well as by operators with the rules of the CFP. This conditionality is intended to reflect the responsibility of the Union to ensure, in public interest, conservation of marine biological resources under the CFP, as enshrined in Article 3 of the TFEU.	(14) According to Articles 50 and 51 of the [Regulation on the Common Fisheries Policy] (hereinafter CFP Regulation) Union financial assistance under EMFF should be made conditional upon compliance by Member States as well as by operators with the rules of the CFP. This conditionality is intended to reflect the responsibility of the Union to ensure, in the public interest, the conservation of marine biological resources under the CFP, as well as to ensure respect for requirements linked to the promotion of a high level of employment and to guarantee of adequate social protection, as enshrined in Articles 3 and 9 respectively of the TFEU.
Amendment  25 Proposal for a regulation Recital 15
Text proposed by the Commission	Amendment
(15) The achievement of the objectives of the CFP would be undermined if Union financial assistance under EMFF is disbursed to operators who, ex–ante, do not comply with requirements related to the public interest of conservation of marine biological resources. Therefore only operators should be admissible who, within a particular period of time before lodging an application for aid, were not involved in the operation, management or ownership of fishing vessels included in the Union IUU vessel list as set out in Article 40(3) of Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulation (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, and who have not committed a serious infringement under 42 of the Regulation (EC) No 1005/2008 or Article 90(1) of the 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. or other cases of non–compliance with CFP rules which particularly jeopardise the sustainability of the stocks concerned and constitute a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the Maximum Sustainable Yield (hereinafter MSY).	(15) The achievement of the objectives of the CFP would be undermined if Union financial assistance under EMFF is disbursed to operators who, ex–ante, do not comply with requirements related to the public interest of conservation of marine biological resources. Therefore operators should only be admissible on condition that, within a particular period of time before lodging an application for aid, they were not involved in the operation, management or ownership of fishing vessels included in the Union IUU vessel list as set out in Article 40(3) of Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulation (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, and they were not involved in the operation, management or ownership of fishing vessels flagged to countries identified as non–cooperating third countries, as referred to in Article 33 of Regulation (EC) No 1005/2008. Equally, operators should only be admissible on condition that they have not committed a serious infringement under Article 42 of the Regulation (EC) No 1005/2008 or Article 90(1) of the 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. or other cases of non–compliance with CFP rules which particularly jeopardise the sustainability of the stocks concerned and constitute a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the Maximum Sustainable Yield (hereinafter MSY).
Amendment  26 Proposal for a regulation Recital 17
Text proposed by the Commission	Amendment
(17) The consequences laid down for the failure to fulfil the eligibility conditions should apply in case of infringements of the CFP rules by the beneficiaries. In order to determine the amount of ineligible expenditure, the gravity of the non compliance by the beneficiary with CFP rules, the economic advantage derived from the non–compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary should be taken into account.	(17) The consequences laid down for the failure to fulfil the eligibility conditions should apply in case of infringements of the CFP rules by the beneficiaries. In order to determine the amount of ineligible expenditure, the gravity (including the extent, duration and any re–occurrence) of the non compliance by the beneficiary with CFP rules, the economic advantage derived from the non–compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary should be taken into account.
Justification
The gravity of non–compliance by a beneficiary is determined by a number of factors: its severity, extent, duration and re–occurrence
Amendment  27 Proposal for a regulation Recital 18
Text proposed by the Commission	Amendment
(18) The achievement of the objectives of the CFP would also be undermined if Union financial assistance under EMFF is paid to Member States who do not comply with their obligations under the CFP rules related to the public interest of conservation of marine biological resources, such as collecting data and implementing the control obligations. Moreover, without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the Member States.	(18) The achievement of the objectives of the CFP would also be undermined if Union financial assistance under EMFF is paid to Member States who do not comply with their obligations to strike a balance between the fishing fleet and the fishing opportunities in accordance with Article 34(1) of the CFP Basic Regulation or their obligations under the CFP rules related to the public interest of conservation of marine biological resources, such as collecting data and implementing the control obligations. Moreover, without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the Member States.
Amendment  28 Proposal for a regulation Recital 19
Text proposed by the Commission	Amendment
(19) As precautionary measures, in order to prevent that non compliant payments take place as well as incentivise the Member State to comply with CFP rules or require compliance by the beneficiary, interruption of the payment deadline and suspension of payments, which are timely limited in their scope of application, should both be used. In order to respect the principle of proportionality, the financial corrections which have definite and irrevocable consequences should only apply to expenditure directly linked to operations during which the cases of non–compliance with CFP rules have been committed.	(Does not affect English version.)
Justification
(Does not affect English version.)
Amendment  29 Proposal for a regulation Recital 20
Text proposed by the Commission	Amendment
(20) In order to improve coordination and harmonise implementation of the Funds providing support under the cohesion policy, namely the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund (CF), with the Funds for rural development, namely the European Agricultural Fund for Rural Development (EAFRD), and for the maritime and fisheries sector, namely the European Maritime and Fisheries Fund (EMFF), common provisions have been established for all these Funds (the 'CSF Funds') in the [Regulation (EU) No […] laying down Common Provisions]. In addition to this Regulation, the EMFF contains specific provisions due to the particularities of the CFP and the IMP.	(20) In order to improve coordination and harmonise implementation of the Funds providing support under the cohesion policy, namely the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund (CF), with the Funds for rural development, namely the European Agricultural Fund for Rural Development (EAFRD), and for the maritime and fisheries sector, namely the European Maritime and Fisheries Fund (EMFF), common provisions have been established for all these Funds (the 'CSF Funds') in the [Regulation (EU) No […] laying down Common Provisions]. It should also be stressed that the Funds may be used in a complementary manner so that the priorities of the Union's cohesion policy and the Europe 2020 strategy can be achieved more efficiently; attention should be drawn in this connection to the need for synergy between the EMFF and the ESF in order to achieve the key objectives relating to employment and the fight against poverty and social exclusion. In addition to this Regulation, the EMFF contains specific provisions due to the particularities of the CFP and the IMP.
Amendment  30 Proposal for a regulation Recital 22
Text proposed by the Commission	Amendment
(22) Action by the Union should be complementary to action carried out by Member States or seek to contribute to that action. In order to ensure significant added value the partnership between the Commission and Member States should be strengthened through arrangements for the participation of various types of partners with full regard to the institutional competences of the Member States. Particular attention should be paid to ensuring adequate representation for women and minority groups. This partnership concerns regional, local and other public authorities, as well as other appropriate bodies, including those responsible for the environment and for the promotion of equality between men and women, the economic and social partners and other competent bodies. The partners concerned should be involved in the preparation of Partnership Contracts, as well as in the preparation, implementation, monitoring and evaluation of programming.	(22) In order to ensure significant added value the partnership between the Commission, the Member State authorities and the various types of partners should be strengthened through arrangements for the participation of these players including the social partners concerned, with full regard to the institutional competences of the Member States. This partnership concerns regional, local and other public authorities, as well as other appropriate bodies, including those responsible for the environment and for the promotion of equality between men and women, the economic and social partners, the fishing industry and other competent bodies. Given the specific nature of the fishing sector, provision should be made to guarantee the participation of economic and social partners representing the various subsectors and territorial levels, scientific research organisations and national and regional networks of fisheries local action groups (FLAGs). Particular attention should be paid to ensuring adequate representation for women and minority groups. The partners concerned should be involved in the preparation of Partnership Contracts, as well as in the preparation, implementation, monitoring and evaluation of programming.
Amendment  31 Proposal for a regulation Recital 24
Text proposed by the Commission	Amendment
(24) The Commission should establish an annual breakdown by Member States of available commitment appropriations using objective and transparent criteria; these criteria should include the historical allocations under Council Regulation (EC) No 1198/2006 and the historical consumption under Council Regulation No 861/2006.	(24) The Commission should establish an annual breakdown by Member States of available commitment appropriations using objective and transparent criteria; these criteria should include the history of allocations under Council Regulation (EC) No 1198/2006 and the historical consumption under Council Regulation No 861/2006.
Amendment  32 Proposal for a regulation Recital 25
Text proposed by the Commission	Amendment
(25) The fulfilment of certain ex–ante conditionalities is of outmost importance in the context of the CFP, especially as regards the submission of a Multiannual National Strategy Plan on Aquaculture and proven administrative capacity to comply with the data requirements for fisheries management and to enforce with the implementation of a Union control, inspection and enforcement system.	(25) The fulfilment of certain ex–ante conditionalities is of outmost importance in the context of the CFP, especially as regards the submission of a Multiannual National Strategy Plan on Aquaculture and proven administrative capacity to comply with the data requirements for fisheries management and to enforce with the implementation of a Union control, inspection and enforcement system; and to ensure the implementation of Union law on working conditions, particularly that related to safety, health, education and training.
Amendment  33 Proposal for a regulation Recital 26
Text proposed by the Commission	Amendment
(26) In line with the goal of simplification, all activities of the EMFF which fall under shared management, including control and data collection, should take the form of one single operational programme per Member State, in accordance with its national structure. The programming exercise shall cover the period from 1 January 2014 to 31 December 2020. Each Member State should prepare a single operational programme. Each programme should identify a strategy for meeting targets in relation to the Union priorities for the EMFF and a selection of measures. Programming should comply with Union priorities, while being adapted to national contexts and complement the other Union policies, in particular rural development policy and cohesion policy.	(26) In line with the goal of simplification, all activities of the EMFF which fall under shared management, including control and data collection, should take the form of one single operational programme per Member State, in accordance with its national structure. The programming exercise shall cover the period from 1 January 2014 to 31 December 2020. Each Member State should prepare a single operational programme. Each programme should identify a strategy for meeting targets in relation to the Union priorities for the EMFF and a selection of measures. Programming should comply with Union priorities, while being adapted to national and regional contexts, in particular the specific characteristics of the outermost regions, and complement other Union policies, while maintaining the current management and control system, so as not to generate additional costs or cause delays to the implementation of programmes.
Justification
Maintaining the current management and control system, such as the Structural Funds and the EAFRD, will avoid additional costs incurred by modifying information systems and spending extra time adapting manuals and other administrative procedures, which would cause delays to programme implementation.
Amendment  34 Proposal for a regulation Recital 30
Text proposed by the Commission	Amendment
(30) Member States should draw up the section on data collection of the Operational Programme in line with a Multiannual Union programme; In order to adapt to the specific needs of data collection activities, Member States should elaborate annual work plan which should adapted annually under the guidance of the Commission and which should subject to its approval.	(30) Member States should draw up the section on data collection of the Operational Programme in line with a Multiannual Union programme; In order to adapt to the specific needs of data collection and management activities, Member States should elaborate annual work plan which should adapted annually under the guidance of the Commission and which should subject to its approval.
Amendment  35 Proposal for a regulation Recital 31
Text proposed by the Commission	Amendment
(31) In order to increase the competitiveness and economic performance of fishing activities it is vital to stimulate innovation and entrepreneurship. Therefore the EMFF should support innovative operations and business development.	(31) In order to increase the competitiveness and economic performance of fishing activities it is vital to stimulate innovation and entrepreneurship. Therefore the EMFF should support innovative operations and the ecologically sustainable development of businesses, in accordance with the precautionary principle and an ecosystem–based approach.
Amendment  36 Proposal for a regulation Recital 31 a (new)
Text proposed by the Commission	Amendment
	(31a) As a consequence of the economic turbulence of recent years due to the financial crisis, many young people are experiencing difficulties in gaining the finance needed to enter the fisheries sector. EMFF support should therefore focus inter alia on helping young people gain access to the fishing sector by, for example, by contributing to first–time business start–ups.
Amendment  37 Proposal for a regulation Recital 32
Text proposed by the Commission	Amendment
(32) Investment in human capital is also vital to increase the competitiveness and economic performance of fishing and maritime activities. Therefore, the EMFF should support lifelong learning, co–operation between scientists and fishermen stimulating the dissemination of knowledge as well as for advisory services helping to improve the overall performance and competitiveness of operators.	(32) Investment in human capital is also vital to increase the competitiveness and economic performance of fishing and maritime activities. Therefore, the EMFF should support vocational training (which in addition to covering technical issues should also target knowledge of sustainable fisheries management and the proper handling of fish with a view to achieving greater profitability), improved health and safety and hygiene standards at work, lifelong learning, co–operation between scientists and fishermen stimulating the dissemination of knowledge as well as for advisory services helping to improve the overall performance and competitiveness of operators. In addition, it is important for the EMFF to promote generational renewal and rejuvenate the profession by creating specific mechanisms to encourage young people to enter the sector, namely by raising the status of the fishing profession through ensuring better health and safety and welfare standards on board, training and vocational training, and increased income.
Amendment  38 Proposal for a regulation Recital 32 a (new)
Text proposed by the Commission	Amendment
	(32a) The EMFF should support –small scale fisheries in order to address issues that are specific to that segment, and to support local, sustainable management of the fisheries involved and the development of coastal communities.
Amendment  39 Proposal for a regulation Recital 32 b (new)
Text proposed by the Commission	Amendment
	(32b) Whereas small enterprises have difficulty accessing Community aid, the EMFF should encourage the deployment of collective projects and support technical assistance for those responsible for such projects.
Amendment  40 Proposal for a regulation Recital 32 c (new)
Text proposed by the Commission	Amendment
	(32c) The EMFF should support sustainable locally based fisheries management and the development of coastal communities.
Amendment  41 Proposal for a regulation Recital 32 d (new)
Text proposed by the Commission	Amendment
	(32d) The EMFF should foster the involvement of small fishing operators in the –small scale coastal and inland sectors in devising joint projects and should provide technical assistance to the project leaders.
Justification
Support should be provided in particular for joint projects conducted by small–scale and coastal and inland fisheries operators.
Amendment  42 Proposal for a regulation Recital 33
Text proposed by the Commission	Amendment
(33) Recognising the importance of the role that spouses of self–employed fishermen play in small scale coastal fishing, the EMFF should support training and networking contributing to their professional development and giving them the means to better fulfil the ancillary tasks they traditionally perform.	(33) Recognising the importance of the role that spouses of self–employed fishermen play in small scale coastal fishing, the EMFF should support lifelong training and networking contributing to their professional development and giving them the means to better fulfil the ancillary tasks they traditionally perform or other tasks arising from the diversification of fishing activities.
Amendment  43 Proposal for a regulation Recital 33 a (new)
Text proposed by the Commission	Amendment
	(33a) The EMFF should provide support for social dialogue at European, national, regional and local level, involving the social partners and enhancing their organisational capabilities.
Justification
The EMFF should foster structured social dialogue in the fisheries and aquaculture sectors.
Amendment  44 Proposal for a regulation Recital 33 b (new)
Text proposed by the Commission	Amendment
	(33b) Ancillary fishing and aquaculture activities, designated as such by the Member States – such as those that could be carried out by the net makers, bait suppliers, packers and others dealing directly with fishermen – should be eligible for support from the EMFF for developing their specific activities in order to contribute to improving the functioning of the sector.
Amendment  45 Proposal for a regulation Recital 34
Text proposed by the Commission	Amendment
(34) Conscious of the weak presence of small scale coastal fishermen in the social dialogue, the EMFF should support organisations promoting this dialogue in the appropriate fora	(34) Conscious of the social and territorial importance of coastal fishermen, the EMFF should support organisations that promote the social dialogue of the coastal fishing sector in the appropriate fora
Amendment  46 Proposal for a regulation Recital 34 a (new)
Text proposed by the Commission	Amendment
	(34a) Support should be given for the development and implementation of multiannual plans (Articles 9–11 of the Regulation on the CFP)
Amendment  47 Proposal for a regulation Recital 35
Text proposed by the Commission	Amendment
(35) Conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities, the EMFF should help diversification by covering business start–ups and investments for the retrofitting of their vessels, in addition to the relevant training to acquire professional skills in the relevant field outside fishing activities.	(35) The EMFF should help create jobs by covering business start–ups in the fisheries sector and the development of complementary activities linked to fishing activity, in addition to the relevant training to acquire adequate professional skills.
Amendment  48 Proposal for a regulation Recital 35 a (new)
Text proposed by the Commission	Amendment
	(35a) In order to ensure generational renewal in the fisheries sector it is important for the EMFF to encourage young people to enter fishing, in particular through incentives for young fishermen who are acquiring a vessel for the first time.
Justification
New recital intended to supplement the rapporteur’s Amendment 93.
Amendment  49 Proposal for a regulation Recital 35 b (new)
Text proposed by the Commission	Amendment
	(35b) It should be borne in mind that the International Labour Organisation (ILO) considers fishing to be a hazardous occupation by comparison with other occupations, and that various conventions and recommendations have been signed or adopted by that organisation with the aim of promoting decent working conditions for fishermen. The principles contained in such conventions and recommendations should serve as guiding principles for better use of EMFF resources.
Amendment  50 Proposal for a regulation Recital 36
Text proposed by the Commission	Amendment
(36) In order to address health and safety needs on board, the EMFF should support investments covering safety and hygiene on board.	(36) In order to address health and safety needs on board, the EMFF should support investments covering safety and hygiene on board and improvements in the habitability of vessels.
–Amendment  51 Proposal for a regulation Recital 37
Text proposed by the Commission	Amendment
(37) As a result of the establishment of systems of transferable fishing concessions envisaged in Article 27 of the [CFP Regulation] and in order to support Member States in the implementation of these new systems, the EMFF should grant support in terms of capacity building and exchange of best practices.	deleted
Justification
The rapporteur is opposed to the introduction of transferable fishing concessions, which would turn fishing rights into tradable commodities and jeopardise the future of small–scale and coastal fishing.
Amendment  52 Proposal for a regulation Recital 37 a (new)
Text proposed by the Commission	Amendment
	(37a) Recognising the importance of maritime heritage ,the EMFF should support investments for the protection and preservation of maritime heritage and related traditional crafts;
Amendment  53 Proposal for a regulation Recital 38
Text proposed by the Commission	Amendment
(38) The introduction of the transferable fishing concessions systems should make the sector more competitive. Consequently, there may be a need for new professional opportunities outside the fishing activities. Therefore, the EMFF should support the diversification and job creation in fishing communities in particular by supporting business start–ups and the reassignment of vessels for maritime activities outside fishing activities of small scale coastal fishing vessels. This last operation seems to be appropriate as the small scale coastal fishing vessels are not covered by the transferable fishing concessions systems.	deleted
Justification
The rapporteur is opposed to the introduction of transferable fishing concessions, which would turn fishing rights into tradable commodities and jeopardise the future of small–scale and coastal fishing.
Amendment  54 Proposal for a regulation Recital 38 a (new)
Text proposed by the Commission	Amendment
	(38a) In line with the objective of creating jobs included in the Europe 2020 strategy, the EMFF must also provide resources for facilitating the adoption of measures for creating and improving employment levels throughout the whole fishing industry, from catching and aquaculture to processing and marketing.
Justification
The EMFF is a fishing fund whose main objective should not be forgotten, which is why, under the Europe 2020 strategy; it should not only be used for the purposes of job creation in other sectors but also, first and foremost, in the fishing sector itself.
Amendment  55 Proposal for a regulation Recital 38 b (new)
Text proposed by the Commission	Amendment
	(38b) In order to create a sustainable future for the fishing sector, it is important for the EMFF to promote job creation in fishing communities, in particular by supporting new business start–ups and by helping young people to enter professions in the fisheries sector.
Amendment  56 Proposal for a regulation Recital 39
Text proposed by the Commission	Amendment
(39) The objective of the Common Fisheries Policy is to ensure a sustainable exploitation of fish stocks. Overcapacity has been identified as a major driver for overfishing. It is therefore paramount to adapt the Union fishing fleet to the resources available. The removal of overcapacity through public aid such as temporary or permanent cessation and scrapping schemes has proven ineffective. The EMFF will therefore support the establishment and management of systems of transferable fishing concessions aiming at the reduction of overcapacity and increased economic performance and profitability of the operators concerned.	deleted
Justification
The rapporteur considers the claim that there is overcapacity in the EU fleet to be questionable: overcapacity has yet to be defined by the Commission and is therefore difficult to establish. Even though fishing capacity in some regions may well be too high in comparison with the stocks available, this is still a localised situation and cannot in any way be taken to mean that the same is true in all EU fishing grounds, nor can it be taken as a basic premise.
Amendment  57 Proposal for a regulation Recital 40
Text proposed by the Commission	Amendment
(40) With overcapacity being one of the key drivers of overfishing, measures need to be taken to adapt the Union fishing fleet to the resources available; in this context, the EMFF should support the establishment, modification and management of the systems of transferable fishing concessions introduced by the CFP as management tools for reducing overcapacity.	deleted
Amendment  58 Proposal for a regulation Recital 40 a (new)
Text proposed by the Commission	Amendment
	(40a) With a view to modernising and renewing the Union's ageing fleet, the EMFF should contribute towards investment in new fishing vessels to replace obsolete vessels that are scrapped or reassigned to non–fishing activities. Such investment should result in higher standards of on–board safety, energy efficiency and fishing gear selectivity and should not increase fishing capacity.
Justification
The EU fleet is ageing (half of the vessels are more than 25 years old). This situation poses serious problems as regards on–board safety and protection of the marine environment. The EMFF should therefore support fleet renewal, subject to strict conditions, by funding the replacement of obsolete vessels with modern vessels. Under no circumstances must such investment result in an increase in fishing capacity.
Amendment  59 Proposal for a regulation Recital 40 b (new)
Text proposed by the Commission	Amendment
	(40b) Member States which do not fulfil their data collection and transmission obligations or fail to report their actual fishing fleet capacity should have their funds from the EMFF frozen or decreased.
Amendment  60 Proposal for a regulation Recital 40 c (new)
Text proposed by the Commission	Amendment
	(40c) In order to guarantee that Member States respect the fishing capacity ceilings established in Annex II [to Regulation (EU) No …/…. on the CFP], the Commission should be authorised to suspend all or part of the payments and commitments for the operational programmes of Member States that fail to respect their capacity ceilings, following a review conducted 3 years after the entry into force of this Regulation.
Justification
It is essential for the Member States to respect their fleets’ capacity ceilings specified in the Basic Regulation. In this connection, the payments and commitments under the EMFF should be suspended for Member States, which fail to respect their capacity ceilings.
Amendment  61 Proposal for a regulation Recital 40 d (new)
Text proposed by the Commission	Amendment
	(40d) Member States which do not fulfil their data collection and transmission obligations or fail to report their actual fishing fleet and capacity should have their funds from the EMFF frozen or decreased .
Amendment  62 Proposal for a regulation Recital 40 e (new)
Text proposed by the Commission	Amendment
	(40e) In order to safeguard fishermen’s incomes, contributions should be made from the EMFF to mutual funds that cover losses resulting from natural disasters, bad weather, environmental or health–related accidents or sharp rises in fuel prices.
Justification
The EMFF should help to compensate fishermen for losses resulting from exceptional external events. The rapporteur proposes that such assistance should take the form of contributions to mutual funds set up by fishermen.
Amendment  63 Proposal for a regulation Recital 41
Text proposed by the Commission	Amendment
(41) It is paramount to integrate environmental concerns into the EMFF and support the implementation of conservation measures under the CFP taking however into account the diverse conditions throughout the Union waters. For this purpose it is essential to develop a regionalised approach to conservation measures.	(41) It is paramount to integrate environmental concerns into the EMFF and support the implementation of conservation measures under the CFP taking however into account the diverse conditions throughout the Union waters. For this purpose it is essential to develop a regionalised approach to conservation measures, through a multi–annual approach to fisheries management, establishing as a priority multi–annual plans reflecting the biological specificities of different species and the special characteristics of each fishery.
Amendment  64 Proposal for a regulation Recital 41 a (new)
Text proposed by the Commission	Amendment
	(41a) It is critically important to mitigate thenegative impact of climate change in coastal and marine ecosystems. The EMFF should support investments to reduce the contribution of the fishing sector to emissions of greenhouse gases as well as projects that aimed to protect and restore seagrass beds and coastal wetlands which are major carbon sinks.
Amendment  65 Proposal for a regulation Recital 42
Text proposed by the Commission	Amendment
(42) In the same vein, the EMFF should support the reduction of the impact of fishing on the marine environment in particular through the promotion of eco innovation, more selective gears and equipment as well as measures aiming at protecting and restoring marine biodiversity and ecosystems and the services they provide, in line with the EU Biodiversity Strategy to 2020.	(42) In the same vein, the EMFF should support the reduction of the negative impact of fishing on the marine environment, support the reduction of greenhouse gas emissions, promote more selective gears and equipment and support the development of more fuel–efficient vessels. The EMFF should, in particular, promote eco-innovation in connection with hulls, engines and gear, as well as measures aiming at protecting and restoring marine biodiversity and ecosystems and the services they provide, in line with the EU Biodiversity Strategy to 2020 and the headline targets of the Europe 2020 Strategy on climate change.
Amendment  66 Proposal for a regulation Recital 42 a (new)
Text proposed by the Commission	Amendment
	(42a) In order to contribute to the positive development of water sources and to the maintenance of fishing outside the closed season, the EMFF should be able to support biological seasons, whenever those seasons, when they occur during certain critical phases of the species’ life cycle, are necessary for the sustainable exploitation of fisheries resources.
Amendment  67 Proposal for a regulation Recital 42 b (new)
Text proposed by the Commission	Amendment
	(42b) In order to minimise the impact of fishing on marine ecosystems, the EMFF should support the establishment, management, monitoring and control of a coherent network of fish stock recovery areas.
Amendment  68 Proposal for a regulation Recital 43
Text proposed by the Commission	Amendment
(43) In line with the discard ban introduced by the CFP, the EMFF should support investments on board aiming at make the best use of unwanted fish caught and valorise underused components of the fish caught. Considering the scarcity of the resources, in order to maximise the value of the fish caught, the EMFF should also support investments on board aiming at adding commercial value to fish caught.	(43) In line with the gradual discard ban and the gradual introduction of the obligation to land all catches by the CFP, the EMFF should support investments on board aiming at make the best use of unwanted fish caught and valorise underused components of the fish caught. Considering the scarcity of the resources, in order to maximise the value of the fish caught, the EMFF should also support investments on board aiming at adding commercial value to fish caught.
Amendment  69 Proposal for a regulation Recital 43 a (new)
Text proposed by the Commission	Amendment
	(43a) Recognising the risks involved in investing in fishing activities, the EMFF should contribute to business security by covering access to insurance against variables of production, therebysafeguarding the income of producers in the event of abnormal production losses due in particular to natural disasters, adverse climatic events, sudden water quality changes, diseases or pest infestations and destruction of production tools.
Amendment  70 Proposal for a regulation Recital 44
Text proposed by the Commission	Amendment
(44) Conscious of the importance of fishing ports, landing sites and shelters, the EMFF should support relevant investments in particular to increase energy efficiency, environmental protection, the quality of the product landed, as well as safety and working conditions.	(44) Conscious of the importance of fishing ports, auctions, landing sites and shelters, the EMFF should support relevant investments in particular to increase energy efficiency, environmental protection, the quality of the product landed, as well as safety and working conditions.
–Amendment  71 Proposal for a regulation Recital 44 a (new)
Text proposed by the Commission	Amendment
	(44a) With a view to promoting –small scale coastal fishing, Member States should attach to their operational programmes action plans for developing such fishing and for ensuring that it is competitive and sustainable.
Justification
Small–scale and coastal fishing makes a key contribution to the vitality of coastal areas. The EMFF should therefore help to develop such fishing and ensure that it is competitive and sustainable. The rapporteur proposes that each Member State should attach to its operational programme an action plan setting out the steps to be taken with a view to this.
Amendment  72 Proposal for a regulation Recital 44 b (new)
Text proposed by the Commission	Amendment
	(44b) The EMFF should support the establishment a coherent network of fish stock recovery areas, in which all fishing activities are prohibited, and which include areas important for fish productivity, in particular nursery grounds, spawning grounds and feeding grounds for fish stocks.
Amendment  73 Proposal for a regulation Recital 44 c (new)
Text proposed by the Commission	Amendment
	(44c) Some EMFF provisions need to be adjusted in order to meet the needs of outermost regions while continuing to pursue the core objective of ensuring that fishing and aquaculture are sustainable and responsible. The EMFF should, in particular, take account of the fact that some of those regions are lagging behind in terms of resource assessment, infrastructure, organisation of the industry and monitoring of activity and production. The EMFF should therefore be used to modernise the sector, especially its infrastructure, and to renew and modernise its production resources, having due regard for the specific circumstances in outermost region sea basins and resource availability.
Justification
The EMFF should take due account of the specific circumstances in outermost regions.
Amendment  74 Proposal for a regulation Recital 45
Text proposed by the Commission	Amendment
(45) It is vital for the Union that a sustainable balance be achieved between fresh water resources and their exploitation; therefore having due regard to environmental impact while ensuring that these sectors retain economic viability, appropriate provisions should support inland fishing.	(45) It is vital for the Union that a sustainable balance be achieved between fresh water resources and their exploitation, in view of the fact that river basins, estuaries and coastal lagoons are privileged breeding habitats and act as hatcheries for many species of juvenile fish,having due regard to environmental impact while ensuring that these sectors retain economic viability, appropriate provisions should support inland fishing.
Amendment  75 Proposal for a regulation Recital 46
Text proposed by the Commission	Amendment
(46) In line with the Commission's Strategy for the Sustainable Development of European Aquaculture, the CFP objectives and Europe 2020 Strategy, the EMFF should support the environmentally, economically and socially sustainable development of the aquaculture industry.	(46) In line with the Commission's Strategy for the Sustainable Development of European Aquaculture, the CFP objectives and Europe 2020 Strategy, the EMFF should support the environmentally, economically and socially sustainable development of the aquaculture industry, focussing, in particular, on promoting eco innovation, reducing dependence on fish meal and oil, improving the welfare of farmed organisms and promoting organic and closed system aquaculture.
Amendment  76 Proposal for a regulation Recital 46 a (new)
Text proposed by the Commission	Amendment
	(46a) Due to the potential impact on wild marine populations of escapes of farmed animals from aquaculture sites, the EMFF should not provide incentives for the farming of exotic species or genetically modified organisms.
Amendment  77 Proposal for a regulation Recital 47
Text proposed by the Commission	Amendment
(47) Aquaculture contributes to growth and jobs in coastal and rural regions. Therefore, it is crucial that the EMFF is accessible to aquaculture enterprises, in particular SMEs and contributes to bringing new aquaculture farmers into the business. In order to increase the competitiveness and economic performance of aquaculture activities it is vital to stimulate innovation and entrepreneurship. Therefore the EMFF should support innovative operations and business development, in particular non–food and off–shore aquaculture.	(47) Aquaculture contributes to growth and jobs in coastal and rural regions. Therefore, it is crucial that the EMFF is accessible to aquaculture enterprises, regardless of their size, and contributes to bringing new aquaculture farmers into the business. In order to increase the competitiveness and economic performance of aquaculture activities it is vital to stimulate innovation and entrepreneurship. Therefore the EMFF should support innovative operations and the business development of aquaculture enterprises in general, including non–food and off–shore aquaculture.
Justification
The EMFF should support aquaculture enterprises in general, regardless of their size. Large companies interested in investing in structural projects that support knowledge and innovation should therefore also receive assistance. Given the need to supply fish for human consumption, non–food aquaculture should not be a development priority. Off–shore aquaculture is not feasible in many coastal areas of the EU.
Amendment  78 Proposal for a regulation Recital 48
Text proposed by the Commission	Amendment
(48) New forms of income combined with aquaculture activities have already shown their added value for business development. Therefore the EMFF should support these complementary activities outside aquaculture such as angling–tourism, educational or environmental activities.	(48) New forms of income combined with aquaculture activities have already shown their added value for business development. Therefore the EMFF should support these complementary activities outside aquaculture, such as angling–tourism, aquaculture tourism that promotes the aquaculture sector and its products, educational or environmental activities.
Amendment  79 Proposal for a regulation Recital 49
Text proposed by the Commission	Amendment
(49) An other important form of increasing the income of aquaculture enterprises is adding value to their products by processing and marketing their own production, as well as introducing new species with good market prospects and thus diversifying their production.	(49) An other important form of increasing the income of aquaculture enterprises is adding value to their products by processing and marketing their own production, as well as introducing new species which are biologically compatible with existing species with good market prospects and thus diversifying their production.
Amendment  80 Proposal for a regulation Recital 50
Text proposed by the Commission	Amendment
(50) Conscious of the need to identify the most suitable areas for developing aquaculture taking into account access to waters and space, the EMFF should support national authorities in making their strategic choices at national level.	(50) Conscious of the need to identify the most suitable geographical areas for developing aquaculture taking into account access to waters and space and the importance of developing a precautionary approach to guarantee stock sustainability, the EMFF should support national authorities in making their strategic choices at national level and should support regional authorities in developing their regional variations.
Amendment  81 Proposal for a regulation Recital 51
Text proposed by the Commission	Amendment
(51) Investment in human capital is also vital to increase the competitiveness and economic performance of aquaculture activities. Therefore, the EMFF should support lifelong learning and networking stimulating the dissemination of knowledge as well as advisory services helping to improve the overall performance and competitiveness of operators.	(51) Investment in human capital is also vital to increase the competitiveness and economic performance of aquaculture activities. Therefore, the EMFF should support lifelong learning and networking stimulating the dissemination and exchange of knowledge and good practices, through all the competent advisory services (in terms of materials available), including professional associations, so that they can help to improve the overall performance and competitiveness of operators.
Amendment  82 Proposal for a regulation Recital 51 a (new)
Text proposed by the Commission	Amendment
	(51a) Given the need to identify geographical areas with a greater potential for the development of aquaculture in terms of access to both water and land, the EMFF should support the national and regional authorities in their strategic choices, particularly regarding the definition and mapping of the zones which may be considered most suitable to the development of aquaculture, taking into account, if relevant, the maritime spatial planning process.
Amendment  83 Proposal for a regulation Recital 52
Text proposed by the Commission	Amendment
(52) In order to promote environmentally sustainable aquaculture, the EMFF should support aquaculture activities which are highly respectful of the environment, the conversion of aquaculture enterprises to eco–management, the use of audit schemes as well as the conversion to organic aquaculture. In the same vein, the EMFF should also support aquaculture providing for special environmental services.	(52) In order to promote environmentally, socially and economically sustainable aquaculture, the EMFF should support aquaculture activities which are highly respectful of the environment, the conversion of aquaculture enterprises to sustainable management, the use of audit schemes as well as the conversion to organic aquaculture. In the same vein, the EMFF should also support aquaculture, providing for special environmental services and services of public interest.
Amendment  84 Proposal for a regulation Recital 53
Text proposed by the Commission	Amendment
(53) Conscious of the importance of consumer protection, the EMFF should ensure adequate support to farmers in order to prevent and mitigate the risk for public and animal health that aquaculture rearing may generate.	(53) Conscious of the importance of consumer protection, the EMFF should ensure adequate support to farmers in order to prevent and mitigate the risk for public and animal health that aquaculture rearing may generate, particularly through programmes designed to reduce the dependency of aquaculture activities on veterinary products.
Amendment  85 Proposal for a regulation Recital 53 a (new)
Text proposed by the Commission	Amendment
	(53a) The EMFF should support the establishment of a coherent network of fish stock recovery areas, which include areas important for fish productivity, in particular nursery grounds, spawning grounds and feeding grounds for fish stocks and in which all fishing activities are prohibited, and .
Amendment  86 Proposal for a regulation Recital 54
Text proposed by the Commission	Amendment
(54) Recognizing the risk of investments in aquaculture activities, the EMFF should contribute to business security by covering access to stock insurance and therefore safeguarding the income of producers in case of abnormal production losses due in particular to natural disasters, adverse climatic events, sudden water quality changes, diseases or pest infestations and destruction of production facilities.	(54) Recognizing the risk of investments in aquaculture activities, the EMFF should contribute to business security by covering access to stock insurance or by supporting the development of mutual funds, and therefore safeguarding the income of producers in case of abnormal production losses due in particular to natural disasters, adverse climatic events, sudden water quality changes, diseases or pest infestations and destruction of production facilities.
Amendment  87 Proposal for a regulation Recital 55
Text proposed by the Commission	Amendment
(55) Considering that the community–led approach for local development has, over a number of years, proven its utility in promoting the development of fisheries and rural areas by fully taking into account the multi–sectoral needs for endogenous development, support should be continued and reinforced in the future.	(55) Considering that the community–led approach for local development has, over a number of years, proven its utility in promoting the development of fishing and rural communities by fully taking into account the multi–sectoral needs for endogenous development, support should be continued and reinforced in the future.
Amendment  88 Proposal for a regulation Recital 56
Text proposed by the Commission	Amendment
(56) In fisheries areas, community–led local development should encourage innovative approaches to create growth and jobs, in particular by adding value to fisheries products and diversifying the local economy towards new economic activities, including those offered by "blue growth" and the broader maritime sectors.	(56) In fisheries areas, community–led local development should encourage innovative approaches to create growth and jobs, in particular by adding value to fisheries products and diversifying the local economy also towards new economic activities, including those offered by "blue growth" and the broader maritime sectors.
Amendment  89 Proposal for a regulation Recital 57
Text proposed by the Commission	Amendment
(57) The sustainable development of fisheries areas should contribute to the EU 2020 objectives of promoting social inclusion and poverty reduction and to fostering innovation at local level as well as to the objective of territorial cohesion, a main priority in the Lisbon Treaty.	(57) The sustainable development of fisheries areas should contribute to the EU 2020 objectives of promoting social inclusion and poverty reduction, to raising employment rates and to fostering innovation, including social innovation, at local level as well as to the objective of territorial cohesion, a main priority in the Lisbon Treaty.
Amendment  90 Proposal for a regulation Recital 58
Text proposed by the Commission	Amendment
(58) Community–led local development should be implemented through a bottom–up approach by local partnerships that are composed of representatives of the public, private and civil society sectors and mirror correctly the local society; these local actors are best placed to draw up and implement integrated multi–sectoral local development strategies to meet the needs of their local fisheries areas; it is important in order to ensure the representativeness of local action groups that no single interest groups has more than 49% of the voting right in the decision–making bodies.	(58) Community–led local development should be implemented through a bottom–up approach by local partnerships that are composed of representatives of the public, private and civil society sectors and mirror correctly the local society; these local actors are best placed to draw up and implement integrated multi–sectoral local development strategies to meet the needs of their local fisheries areas. It is important, in order to ensure that local action groups are representative and that the actions of those groups address the challenges in the fisheries and aquaculture sectors, that fishermen and/or fish farmers make up the majority of the economic actors represented in the decision–making bodies.
Amendment  91 Proposal for a regulation Recital 60
Text proposed by the Commission	Amendment
(60) The support to fisheries areas through the EMFF should be coordinated with the local development support offered by other Union Funds and should cover all aspects of the preparation and implementation of local development strategies and operations of local action groups as well as the costs of animating the local area and running the local partnership.	(60) The support to fisheries areas through the EMFF should be coordinated with the local development support offered by other Union Funds and should cover all aspects of the preparation and implementation of local development strategies and operations of local action groups as well as the costs of animating the local area and running the local partnership. That support should include the possibility of receiving technical, especially financial engineering assistance in setting up local development projects, especially for –small scale coastal fishing and fishing in inland waters.
Justification
There should be access to technical assistance for local development projects led by people involved in small–scale and coastal fishing as well as fishing in inland waters.
Amendment  92 Proposal for a regulation Recital 61
Text proposed by the Commission	Amendment
(61) In order to ensure the viability of fisheries and aquaculture in a highly competitive market, it is necessary to lay down provisions granting support for the implementation of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products]1 as well as for marketing and processing activities carried by operators to maximise the value of fisheries and aquaculture products. Particular attention should be paid to the promotion of operations which integrate producing, processing and marketing activities of the supply chain. In order to adapt to the new discard ban policy, the EMFF should also support the processing of unwanted catches.	(61) In order to ensure the viability of fisheries and aquaculture in a highly competitive market, it is necessary to lay down provisions granting support for the implementation of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products]1 as well as for marketing and processing activities carried by operators to maximise the value of fisheries and aquaculture products. Particular attention should be paid to the promotion of operations which integrate producing, processing and marketing activities of the supply chain.
Amendment  93 Proposal for a regulation Recital 62
Text proposed by the Commission	Amendment
(62) Priority should be given to producer organisations and associations of producer organisations by granting them support. The compensation for storage aid and aid for production and marketing plans should gradually be phased out as the importance of this particular kind of support has lost its interest in the light of the evolving structure of the Union market for this kind of products and the growing importance of strong producer's organisations.	(62) Priority should be given to producer organisations and associations of producer organisations by granting them support.
Amendment  94 Proposal for a regulation Recital 63
Text proposed by the Commission	Amendment
(63) Recognising the growing competition small scale coastal fishermen are confronted to, the EMFF should support entrepreneurial initiatives of small scale coastal fishermen adding value to the fish they catch, in particular by carrying out the processing or direct marketing of the fish they catch.	(63) Recognising the growing competition with which small scale coastal fishermen are confronted and the dependency of certain coastal communities on fishing, the EMFF should support entrepreneurial initiatives of small scale coastal fishermen adding value to the fish they catch, in particular by carrying out the processing or direct marketing of the fish they catch.
Amendment  95 Proposal for a regulation Recital 63 a (new)
Text proposed by the Commission	Amendment
	(63a) The EMFF should support entrepreneurial initiatives and joint initiatives aiming to achieve the objectives of the Union in the areas of environmental protection and the preservation of fish stocks through the establishment of joint aqua–environmental measures, in particular for fishing in inland waters.
Justification
The EMFF should support joint initiatives by operators in small–scale and coastal fishing and fishing in inland waters where these concern environmental protection and the preservation of fish stocks.
Amendment  96 Proposal for a regulation Recital 64
Text proposed by the Commission	Amendment
(64) Fishing activities in the outermost regions of the European Union are facing difficulties, in particular because of the additional costs incurred in the marketing of certain fishery products, due to the particular handicaps recognised by Article 349 of the Treaty on the Functioning of the European Union.	(64) Given that fishing activities in the outermost regions of the European Union are facing difficulties, in particular because of their remoteness and special climatic conditions, the EMFF should take into account the particular handicaps recognised by Article 349 of the Treaty on the Functioning of the European Union.
Justification
The difficulties faced by the outermost regions are linked to other factors apart from the additional costs incurred by marketing.
Amendment  97 Proposal for a regulation Recital 65
Text proposed by the Commission	Amendment
(65) In order to maintain the competitiveness of certain fishery products from the outermost regions of the European Union compared with that of similar products from other European Union’s regions, the European Union introduced measures in 1992 to compensate for the related additional costs in the fisheries sector. The measures applying for the period 2007–2013 are laid down in Council Regulation (EC) No 791/20071. It is necessary to continue providing support to offset the additional costs for the marketing of certain fishery products as of 1 January 2014.	(65) In order to maintain the competitiveness of certain fishery products from the outermost regions of the European Union compared with that of similar products from other European Union’s regions, the European Union introduced measures in 1992 to compensate for the related additional costs in the fisheries sector. The measures applying for the period 2007–2013 are laid down in Council Regulation (EC) No 791/20071. Given the difficulties encountered by fishing activities in the outermost regions, it is necessary to increase support to offset the additional costs for the marketing of certain fishery products as of 1 January 2014.
Amendment  98 Proposal for a regulation Recital 66
Text proposed by the Commission	Amendment
(66) In view of the different marketing conditions in the outermost regions concerned, the fluctuations in captures and stocks and of market demands, it should be left to the Member States concerned to determine the fishery products eligible for compensation, their respective maximum quantities and the compensation amounts within the overall allocation per Member State.	(66) In view of the different production, processing and marketing conditions for fishery and aquaculture products in the outermost regions concerned, and the fluctuations in captures and stocks and of market demands, it should be left to the Member States concerned to determine the fishery and aquaculture products or product categories that are to be eligible for compensation, their respective maximum quantities and the compensation amounts within the overall allocation per Member State.
Amendment  99 Proposal for a regulation Recital 68
Text proposed by the Commission	Amendment
(68) Member States should set the compensation amount at a level which allows appropriate off–setting of additional costs, arising from the specific handicaps of the outermost regions and in particular from the costs of transporting the products to mainland Europe. To avoid overcompensation, the amount should be proportional to the additional costs the aid off–sets and in no case exceed 100 % of the transport and other related costs to mainland Europe. To this end, it should also take into account other types of public intervention having an impact on the level of additional costs.	(68) Member States should set the compensation amount at a level which allows appropriate off–setting of additional costs, arising from the specific handicaps of the outermost regions. To avoid overcompensation, the amount should be proportional to the additional costs the aid off–sets and in no case exceed 100 % of the transport and other related costs to continental Europe. To this end, it should also take into account other types of public intervention having an impact on the level of additional costs.
Justification
The availability of assistance should not have the effect of limiting trade between the outermost regions.
Amendment  100 Proposal for a regulation Recital 69
Text proposed by the Commission	Amendment
(69) It is paramount that Member States and operators are equipped in such a way that controls can be carried out to a high standard and therefore ensure compliance with the rules of the Common Fisheries Policy while providing for the sustainable exploitation of living aquatic resources; the EMFF should therefore support Member States and operators in conformity with Council Regulation (EC) No 1224/2009. By creating a culture of compliance, this support should contribute to sustainable growth.	(69) It is paramount that Member States and operators are equipped in such a way that controls can be carried out to a high standard and therefore ensure compliance with the rules of the Common Fisheries Policy while providing for the sustainable exploitation of living aquatic resources; the EMFF should therefore support Member States and operators in conformity with Council Regulation (EC) No 1224/2009. By creating a culture of compliance, this support should contribute to sustainable growth. In order to standardise and step up the level of monitoring, the Member States should also be able to put in place common control systems.
Amendment  101 Proposal for a regulation Recital 70
Text proposed by the Commission	Amendment
(70) The support granted to Member States on the basis of the Regulation (EC) No. 861/2006 for the expenditure incurred relating to the implementation of the Union control system should be continued under the EMFF pursuing the logic of a single fund.	(70) The support granted to Member States on the basis of the Regulation (EC) No. 861/2006 for the expenditure incurred relating to the implementation of the Union control system should be increased under the EMFF pursuing the logic of a single fund.
Amendment  102 Proposal for a regulation Recital 72 a (new)
Text proposed by the Commission	Amendment
	(72a) The EMFF should support funds for extra control activities and inspections in areas where IUU fishing is reported to take place.
Amendment  103 Proposal for a regulation Recital 73
Text proposed by the Commission	Amendment
(73) Provisions should be laid down for support to collect, manage and use of fisheries data as specified in the multiannual Union programme, in particular to support national programmes and the management and use of data for scientific analysis and CFP implementation. The support granted to Member States on the basis of the Regulation (EC) No. 861/2006 for the expenditure incurred relating to the collection, management and use of fisheries data should be continued under the EMFF pursuing the logic of a single fund.	(73) Rrelevant stakeholders should be informed through the Advisory Councils of procedures . Provisions should be laid down for support to collect, manage and use of fisheries data as specified in the multiannual Union programme, in particular to support national programmes and the management and use of data for scientific analysis and CFP implementation. The support granted to Member States on the basis of the Regulation (EC) No. 861/2006 for the expenditure incurred relating to the collection, management and use of fisheries data should be continued under the EMFF pursuing the logic of a single fund.
Amendment  104 Proposal for a regulation Recital 73 a (new)
Text proposed by the Commission	Amendment
	(73a) The paramount importance of funding data collection, the cornerstone of the CFP, should be emphasised. It is the essential prerequisite for the definition of precise objectives to be achieved, particularly as regards the achievement of the MSY and better fisheries management. In this sense it is appropriate to ensure that data collection is allocated a part of the EMFF budget that is commensurate with its importance. It is also appropriate to provide for a co-financing rate that encourages a comprehensive review of the state of European fish stocks.
Amendment  105 Proposal for a regulation Recital 74
Text proposed by the Commission	Amendment
(74) It is also necessary to support the cooperation among Member States, as well as with third countries where relevant, with respect to the collection of data within the same sea basin, as well as with the relevant international scientific bodies.	(74) It is also necessary to support the cooperation among Member States, as well as with third countries where relevant, with respect to the collection of data within the same sea basin, as well as with the relevant international scientific bodies and the Regional Advisory Councils.
Amendment  106 Proposal for a regulation Recital 76
Text proposed by the Commission	Amendment
(76) Sustained funding is needed for the implementation and further development of the Integrated Maritime Policy for the European Union as reflected in the statements of the Council, the European Parliament and the Committee of the Regions.	(76) Sustained funding is needed for the implementation and further development of the Integrated Maritime Policy for the European Union as reflected in Regulation (EU) No 1255/2011 of the European Parliament and of the Council of 30 November 2011 establishing a Programme to support the further development of an Integrated Maritime Policy1 and the statements of the Council, the European Parliament and the Committee of the Regions. The development of maritime affairs through financial support for IMP measures is expected to have a significant impact in terms of economic, social and territorial cohesion.
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	1 OJ L321, 5.12.2011, p.1
Amendment  107 Proposal for a regulation Recital 76 a (new)
Text proposed by the Commission	Amendment
	(76a) In this respect, EMFF should be designed to support exploratory work on actions which aim to promote the strategic objectives of the IMP, due attention being attention to their cumulative impacts, on the basis of the ecosystem approach, to sustainable economic growth, employment, innovation and competitiveness in coastal, insular and outermost regions, and to the promotion of the international dimension of the IMP.
Amendment  108 Proposal for a regulation Recital 77
Text proposed by the Commission	Amendment
(77) The EMFF should support the promotion of integrated maritime governance at all levels especially through exchanges of best practices and the further development and implementation of sea basin strategies. These strategies aim at setting up an integrated framework to address common challenges in European sea basins and strengthened co–operation between stakeholders to maximise the use of Union financial instruments and funds and contribute to the economic, social and territorial cohesion of the Union.	(77) The EMFF should support the promotion of integrated maritime governance at all levels especially through exchanges of best practices and the further development and implementation of sea basin strategies. In this context, it is very important to improve maritime governance, including through the enhancement of cooperation and coordination, at the appropriate level, among the competent authorities performing coast guard functions in the Union, ensuring healthier, safer and more secure seas and oceans in particular by implementing the existing maritime legislation. These strategies aim at setting up an integrated framework to address common challenges in European sea basins and strengthened co–operation between stakeholders to maximise the use of Union financial instruments and funds and contribute to the economic, social and territorial cohesion of the Union and to environmental sustainability. It is therefore very important to improve and enhance external cooperation and coordination in relation to achieving the objectives of the IMP, on the basis of the United Nations Convention on the Law of the Sea (UNCLOS).
Justification
IMP funding throughout the years 2014–20 should be made available for supporting actions targeting cooperation and coordination among the competent authorities performing coast guard functions in the EU. Effective implementation of the wide array of EU and international maritime legislation is a typical coast guard function in all EU Member States and a prerequisite for good maritime governance for ensuring healthier, safer and more secure seas. Therefore, cross–border cooperation and coordination should be supported by Integrated Maritime Policy.
Amendment  109 Proposal for a regulation Recital 77 a (new)
Text proposed by the Commission	Amendment
	(77a) In order to enhance the approximation of the fisheries and aquaculture funds and the funds for the Integrated Maritime Policy, the EMFF should provide for a specific framework to promote the contribution that fisheries and aquaculture made to the Integrated Maritime Policy. It is essential to encourage full consideration of these activities through support for participation in integrated governance and collective projects that contribute to the implementation of the IMP.
Amendment  110 Proposal for a regulation Recital 79
Text proposed by the Commission	Amendment
(79) Interconnection of the certain information systems run by those sectors may require mobilisation of their own funding mechanisms in a coherent way and in line with Treaty provisions. Maritime spatial planning and integrated coastal zone management are essential for the sustainable development of marine areas and coastal regions and both contributing to the aims of ecosystem–based management and the development of land–sea links. These tools are also important to manage diverse uses of our coasts, seas and oceans to enable their sustainable economic development and to stimulate cross–border investment, whereas the implementation of the Marine Strategy Framework Directive will further define the boundaries of sustainability of human activities that have an impact on the marine environment. Furthermore, it is necessary to improve knowledge of the marine world, and stimulate innovation by facilitating collection, free sharing, re–use and dissemination of data concerning the status of oceans and seas.	(79) Interconnection of the certain information systems run by those sectors may require mobilisation of their own funding mechanisms in a coherent way and in line with Treaty provisions. Maritime spatial planning and integrated coastal zone management are essential for the sustainable development of marine areas and coastal regions and both contributing to the aims of ecosystem–based management and the development of land–sea links. These tools are also important to manage diverse uses of our coasts, seas and oceans to enable their sustainable economic development and to stimulate cross–border investment, whereas the implementation of the Marine Strategy Framework Directive will further define the boundaries of sustainability of industrial, construction and human activities that have an impact on the marine environment. Furthermore, it is necessary to improve knowledge of the marine world, and stimulate innovation by facilitating collection, free sharing, re–use and dissemination of data concerning the status of oceans and seas and the status of fisheries, making it available to end-users and the general public.
Amendment  111 Proposal for a regulation Recital 80
Text proposed by the Commission	Amendment
(80) The EMFF should also support sustainable economic growth, employment, innovation and competitiveness within maritime sectors and in coastal regions. It is particularly important to identify regulatory barriers and skill deficiencies hindering growth in emerging and prospective maritime sectors, as well as operations aimed at fostering investment in technological innovation necessary to enhance the business potential of marine and maritime applications.	(80) The EMFF should also support sustainable economic growth, employment, innovation and competitiveness within maritime sectors and in coastal regions. It is particularly important to identify regulatory barriers and skill deficiencies hindering growth in emerging and prospective maritime sectors, as well as operations aimed at fostering investment in technological innovation necessary to enhance the business potential of marine and maritime applications. The EMFF should support measures to develop the education and vocational training system in the sector, including the acquisition of the equipment and tools needed to improve the quality of education and training services.
Amendment  112 Proposal for a regulation Recital 81
Text proposed by the Commission	Amendment
(81) The EMFF should be complementary and coherent with existing and future financial instruments made available by the Union and the Member States, at national and sub–national level, for promoting the protection and sustainable use of the oceans, seas and coasts, helping to foster more effective cooperation between the Member States and their coastal, island, and outermost regions, and taking into account the prioritisation and progress of national and local projects. The Fund will tie in with other Union policies that may encompass a maritime dimension, in particular the European Regional Development Fund, the Cohesion Fund and the European Social Fund as well the Horizon 2020 Programme for Research and energy policy	(81) The EMFF should be complementary and coherent with existing and future financial instruments made available by the Union and the Member States, at national and sub–national level, for promoting sustainable economic and social development, the protection and sustainable use of the oceans, seas and coasts, helping to foster more effective cooperation between the Member States and their coastal, island, and outermost regions, and taking into account the prioritisation and progress of national and local projects. The Fund will tie in with other Union policies that may encompass a maritime dimension, in particular the European Regional Development Fund, the Cohesion Fund and the European Social Fund as well the Horizon 2020 Programme for Research and energy policy
Amendment  113 Proposal for a regulation Recital 84
Text proposed by the Commission	Amendment
(84) By way of technical assistance the EMFF should provide preparatory, administrative and technical support as well as support for information measures, networking, evaluations, audits, studies and exchanges of experience in order to facilitate the implementation of the operational programme and to promote innovative approaches and practices for simple and transparent implementation. Technical assistance should also include the setting up of a European network of Fisheries Local Action Groups aiming at capacity building, disseminating information, exchanging experience and supporting cooperation between the local partnerships.	(84) By way of technical assistance the EMFF should provide preparatory, administrative and technical support as well as support for information measures, networking, evaluations, audits, studies and exchanges of experience in order to facilitate the implementation of the operational programme and to promote innovative approaches and practices for simple and transparent implementation, including those which will benefit operators and fishermen’s organisations. Technical assistance should also include the setting up of a European network of Fisheries Local Action Groups aiming at capacity building, disseminating information, exchanging experience and supporting cooperation between the local partnerships.
Justification
Technical assistance can also target operators and fishermen’s organisations.
Amendment  114 Proposal for a regulation Recital 88
Text proposed by the Commission	Amendment
(88) Conscious of the importance of ensuring conservation of marine biological and protecting fish stocks in particular from illegal fishing and in the spirit of the conclusions drawn in the Green Paper on the Reform of the CFP, those operators who do not comply with the rules of the CFP, and particularly jeopardise the sustainability of the stocks concerned and constitute therefore a serious threat to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY, and those who are involved in IUU fishing should be excluded from support under the EMFF. Union funding should not at any stage from the selection to the implementation of an operation be used to undermine the public interest of conservation of marine biological resources expressed in the objectives of the CFP Regulation.	(88) Conscious of the importance of ensuring conservation of marine biological resources and protecting fish stocks in particular from illegal fishing and in the spirit of the conclusions drawn in the Green Paper on the Reform of the CFP, those operators who do not comply with the rules of the CFP, and particularlyjeopardise the sustainability of the stocks concerned and, specifically, the goals of restoring and maintaining populations of harvested species above levels which can produce MSY by 2015 and achieving and maintaining a good environmental status by 2020 , constitute therefore a serious threat to the sustainable exploitation of living marine biological resources, along those who are involved in IUU fishing, and should be excluded from support under the EMFF. Union funding should not at any stage from the selection to the implementation of an operation be used to undermine the public interest of conservation of marine biological resources expressed in the objectives of the CFP Regulation.

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Amendment  115 Proposal for a regulation Recital 88 a (new)
Text proposed by the Commission	Amendment
	(88a) There should be a possibility to freeze funding from the EMFF if a Member State is unable to tackle problems with IUU–fishing within its waters and within its fishing fleet.
Amendment  116 Proposal for a regulation Recital 91
Text proposed by the Commission	Amendment
(91) In order to address the specific needs of the CFP mentioned in Articles 50 and 51 of the [CFP Regulation] and contribute to the compliance with the CFP rules, additional provisions to the rules on interruption of the payment deadline [Regulation (EU) No […] laying down Common Provisions] should be laid down. Where a Member State or an operator has failed to comply with its obligations under the CFP or where the Commission has evidence to suggest this lack of compliance, as a precautionary measure, the Commission should be allowed to interrupt payments.	(91) In order to address the specific needs of the CFP mentioned in Articles 50 and 51 of the [CFP Regulation] and contribute to the compliance with the CFP rules, additional provisions to the rules on interruption of the payment deadline [Regulation (EU) No […] laying down Common Provisions] should be laid down. Where a Member State or an operator has failed to comply with its obligations under the CFP or where the Commission has evidence to verify this lack of compliance, as a precautionary measure, the Commission should be allowed to interrupt payments.
Amendment  117 Proposal for a regulation Recital 93
Text proposed by the Commission	Amendment
(93) The operational programme should be subject to monitoring and evaluation in order to improve its quality and demonstrate its achievements. The Commission should set up a framework for a common monitoring and evaluation ensuring among others that relevant data is available on a timely manner. In this context a list of indicators should be determined and the impact of the EMFF policy assessed by the Commission in relation to specific objectives.	(93) The operational programme should be subject to monitoring and evaluation in order to improve its quality and demonstrate its achievements. The Commission should set up a framework for a common monitoring and evaluation ensuring among others that relevant data is made publicly available in a timely manner. In this context a list of indicators should be determined and the impact of the EMFF policy assessed by the Commission in relation to specific objectives.
Amendment  118 Proposal for a regulation Recital 95
Text proposed by the Commission	Amendment
(95) With a view to strengthening accessibility and transparency of information about funding opportunities and project beneficiaries, in each Member State a single website or website portal providing information on operational programme, including the lists of operations supported under each operational programme, should be made available. This information should give a reasonable, tangible and concrete idea to the wider public and in particular to Union taxpayers on how Union funding is spent in the framework of the EMFF. In addition to this objective, the publication of relevant data should serve the purpose of further publicising the possibility of applying for Union funding. However in full respect of the fundamental right to data protection and in line with the judgment of the Court in the Joined Cases Schecke, the publication of the names of natural persons should not be requested.	(95) With a view to strengthening accessibility and transparency of information about funding opportunities and project beneficiaries, in each Member State a single website or website portal providing information on operational programme, including the lists of operations supported under each operational programme, should be made available. The dedicated websites of all Member States should also be accessible from an official Union website in order to help citizens from different Member States to get easier access to published information from all Member States. This information should give a reasonable, tangible and concrete idea to the wider public and in particular to Union taxpayers on how Union funding is spent in the framework of the EMFF. In addition to this objective, the publication of relevant data should serve the purpose of further publicising the possibility of applying for Union funding. However in full respect of the fundamental right to data protection and in line with the judgment of the Court in the Joined Cases Schecke, the publication of the names of natural persons should not be requested.
Amendment  119 Proposal for a regulation Recital 96 a (new)
Text proposed by the Commission	Amendment
	(96a) It is particularly important to ensure that ex–ante conditionalities concerning the administrative capacity to comply with the data requirements for fisheries management and the implementation of a Union control inspection and enforcement system are respected;
Amendment  120 Proposal for a regulation Recital 96 b (new)
Text proposed by the Commission	Amendment
	(96b) It is particularly important to ensure that ex–ante conditionalities concerning the administrative capacity to comply with the data requirements for fisheries management and the implementation of a Union control inspection and enforcement system are respected.

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Amendment  121 Proposal for a regulation Article 1 – point c
Text proposed by the Commission	Amendment
(c) the sustainable development of fisheries areas and inland fishing,	(c) the sustainable development of fisheries and aquaculture areas, of inland fishing and of related activities as defined in this Regulation,
Amendment  122 Proposal for a regulation Article 1 – paragraph 1 – point d
Text proposed by the Commission	Amendment
(d) and the Integrated Maritime Policy (IMP).	(d) and the Integrated Maritime Policy (IMP), including the Marine Strategy Framework Directive.
Amendment  123 Proposal for a regulation Article 2 – paragraph 1
Text proposed by the Commission	Amendment
This Regulation shall apply to operations carried out in the territory of the Union unless otherwise expressly provided for in this Regulation.	This Regulation shall apply to operations carried out in the territory, waters and fleets of the Union unless otherwise expressly provided for in this Regulation.
Amendment  124 Proposal for a regulation Article 3 –– paragraph 2 –– point –-1 (new)
Text proposed by the Commission	Amendment
	(–-1) 'closed aquaculture system' means aquaculture facilities where fish and other aquatic products are farmed in closed recirculation systems which retain and treat the water within the system, minimising water use. Such systems are usually land–based and re–use virtually all of the water initially put into the system;
Amendment  125 Proposal for a regulation Article 3 –– paragraph 2 –– point 2 a (new)
Text proposed by the Commission	Amendment
	(2a) 'diversification' means practices that render fisheries or aquaculture activities more versatile and which are directly complementary to or dependent on such activities;
Amendment  126 Proposal for a regulation Article 3 –– paragraph 2 –– point 4 a (new)
Text proposed by the Commission	Amendment
	(4a) 'exotic species' means a species for which the natural range of distribution does not include the area where the farm is located;
Amendment  127 Proposal for a regulation Article 3 –– paragraph 2 –– point 4 b (new)
Text proposed by the Commission	Amendment
	(4b) 'extensive aquaculture' means aquaculture production which receives no intentional nutritional inputs but depends instead on natural food in the culture facility, including that brought in by water flow such as currents and tidal exchange. Extensive aquaculture largely depends on a single nutritional input, namelyseed;
Amendment  128 Proposal for a regulation Article 3 –– paragraph 2 –– point 5
Text proposed by the Commission	Amendment
(5) 'fisheries area' means an area with sea or lake shore or including ponds or a river estuary with a significant level of employment in fisheries or aquaculture and designated as such by the Member State;	(5) 'fisheries and aquaculture area' means an area with sea, river or lake shore, or including ponds or a river estuary, with a significant level of employment in the fisheries or aquaculture sector and designated as such by the Member State;
Amendment  129 Proposal for a regulation Article 3 – paragraph 2 – point 5 a (new)
Text proposed by the Commission	Amendment
	(5a) 'fish stock recovery area' means a geographically defined sea area in which all fishing activities are prohibited, in order to improve the exploitation and conservation of living aquatic resources or the protection of marine ecosystems, as referred to in Regulation (EU) No …/.. [laying down Common Provisions];
Amendment  130 Proposal for a regulation Article 3 – paragraph 2 – point 5 b (new)
Text proposed by the Commission	Amendment
	(5b) ‘fisheries sector’ means the economic sector covering all activities relating to the production, processing and marketing of fisheries and aquaculture products;
Amendment  131 Proposal for a regulation Article 3 – paragraph 2 – point 5 c (new)
Text proposed by the Commission	Amendment
	(5c) ‘management and fisheries access systems’ means mechanisms for the attribution of and access to fishing rights or for the management of the fisheries effort, developed at national, regional or local level or at the level of the sea basins, on species under quota or out of quota within the 12–mile coastal strip or beyond and focusing on healthy stocks. These systems are implemented by the public authorities or fisheries organisations;
Amendment  132 Proposal for a regulation Article 3 – paragraph 2 – point 6
Text proposed by the Commission	Amendment
(6) 'fisherman' means any person engaging in professional fishing, as recognised by the Member State, on board of an operational fishing vessel or engaging in professional harvesting of marine organisms, as recognised by the Member State, without a vessel;	(6) ‘fisherman’ means any person engaging in professional fishing, including employees, as recognised by the Member State, on board of an operational fishing vessel or engaging in professional harvesting of freshwater or marine organisms, as recognised by the Member State, without a vessel;
Justification
The definition of ‘fisherman’ should be made more precise by including professionals who own their vessels and salaried fishermen.
Amendment  133 Proposal for a regulation Article 3 ––paragraph 2 –– point 6 a (new)
Text proposed by the Commission	Amendment
	(6a) ‘fishing tourism’ means a complementary activity carried out by professional fishermen whereby persons who are not crew members board fishing vessels as tourists or researchers;
Amendment  134 Proposal for a regulation Article 3 – paragraph 2 – point 6 b (new)
Text proposed by the Commission	Amendment
	(6b) ‘ancillary fishing and aquaculture activities’ means those carried out by anyone providing a professional service to fishermen which is required for their activity and designated as such by the Member State;
Amendment  135 Proposal for a regulation Article 3 –– paragraph 2 –– point 8 a (new)
Text proposed by the Commission	Amendment
	(8a) 'intensive aquaculture' means aquaculture production which depends on nutritionally complete diets added to the nutritional system of either fresh, wild, marine or freshwater fish, or which depends on formulated diets. It is largely dependant on complete and commercially available feed and is characterised by high stocking densities;
Amendment  136 Proposal for a regulation Article 3 – paragraph 2 – point 10
Text proposed by the Commission	Amendment
(10) 'inland fishing' means fishing carried out for commercial purposes by vessels operating exclusively in inland waters or by other devices used for ice fishing;	(10) 'inland fishing' means fishing carried out for commercial purposes, from a vessel or otherwise, exclusively in inland waters or by other devices used for ice fishing;
Amendment  137 Proposal for a regulation Article 3 – paragraph 2 – point 12
Text proposed by the Commission	Amendment
(12) 'integrated maritime governance' means the coordinated management of all sectoral policies of the EU affecting the oceans, seas, and coastal regions;	(12) 'integrated maritime governance' means the coordinated management of all sectoral policies at Union level affecting the oceans, seas, and coastal regions;
Amendment  138 Proposal for a regulation Article 3 – paragraph 2 – point 13
Text proposed by the Commission	Amendment
(13) 'marine regions' means the geographical areas set out in Annex I to Council Decision 2004/585/EC and the areas established by the regional fisheries management organisations;	deleted
Amendment  139 Proposal for a regulation Article 3 – paragraph 2 – point 16
Text proposed by the Commission	Amendment
(16) 'sea basin strategy' means a structured framework of cooperation in respect to a given geographical area, developed by European Institutions, Member States, their regions and where appropriate third countries sharing a sea basin; the strategy takes into account the geographic, climatic, economic and political specificities of the sea basin;	(16) 'sea basin strategy' means a structured framework of cooperation in respect to a given geographical area, developed by European Institutions, Member States, their regions and local authorities and where appropriate third countries sharing a sea basin; the strategy takes into account the geographic, climatic, economic and political specificities of the sea basin;
Amendment  140 Proposal for a regulation Article 3 – paragraph 2 – point 16 a (new)
Text proposed by the Commission	Amendment
	(16a) 'semi intensive aquaculture' means aquaculture that depends largely on natural food but where the naturally present food levels are increased through the use of supplementary feed that complements that natural food. Culture densities are kept at lower levels than those typical for intensive aquaculture production;
Amendment  141 Proposal for a regulation Article 3 – paragraph 2 – point 17 a (new)
Text proposed by the Commission	Amendment
	(17a) 'traditional fishing vessel' means a vessel that is built with a typology in hull form, by a construction method and with material which has remained unchanged for at least 100 years and which is able to navigate and continues to carry out fishing activities compatible with applicable Union and national law;
Amendment  142 Proposal for a regulation Article 3 – paragraph 2 – point 18 a (new)
Text proposed by the Commission	Amendment
	(18a) ‘shellfish catcher/grower’ means any individual carrying out extraction, cultivation or semi–cultivation, whether on foot or on board a vessel, exclusively and using selective, specific gear for the capture of one or more species of molluscs, crustaceans, tunicates, echinoderms or other marine invertebrates;

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Amendment  143 Proposal for a regulation Article 5 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) promoting sustainable and competitive fisheries and aquaculture;	(a) promoting environmentally sustainable, economically viable and socially responsible fisheries, aquaculture and related activities of processing or marketing;
Amendment  144 Proposal for a regulation Article 5 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) promoting a balanced and inclusive territorial development of fisheries areas;	(c) promoting a balanced and inclusive territorial development of fisheries and aquaculture areas;
Amendment  145 Proposal for a regulation Article 5 – paragraph 1 – point d
Text proposed by the Commission	Amendment
(d) fostering the implementation of the CFP.	(d) fostering the implementation of the CFP, including its regionalisation and the implementation of the common organisation of the markets.
Amendment  146 Proposal for a regulation Article 5 – paragraph 1 – point d a (new)
Text proposed by the Commission	Amendment
	(da) Fostering job creation in order to prevent the disappearance of fishing communities and delivering improved qualifications and working conditions in the fisheries sector.
Amendment  147 Proposal for a regulation Article 5 – paragraph 2 (new)
Text proposed by the Commission	Amendment
	2. In achieving these objectives, the EMFF shall take into account the principles of intergenerational and gender equity.
Amendment  148 Proposal for a regulation Article 5 – paragraph 3 (new)
Text proposed by the Commission	Amendment
	3. These objectives shall be pursued without increasing fishing capacity.

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Amendment  149 Proposal for a regulation Article 6 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
The achievement of the objectives of the EMFF shall contribute to the Europe 2020 strategy for smart, sustainable and inclusive growth. It shall be pursued through the following six Union priorities, which translate the relevant Thematic Objectives of the Common Strategic Framework (hereinafter CSF):	The achievement of the objectives of the EMFF shall contribute to the Europe 2020 strategy for smart, sustainable and inclusive growth as well as to the implementation of the CFP. It shall be pursued through the following six Union priorities for fisheries, sustainable aquaculture and related activities, which translate the relevant Thematic Objectives of the Common Strategic Framework (hereinafter CSF):
Amendment  150 Proposal for a regulation Article 6 – paragraph 1 – point 1 – introductory part
Text proposed by the Commission	Amendment
(1) Increasing employment and territorial cohesion through the following objectives:	(1) Increasing employment and social and territorial cohesion through the following objectives:
Amendment  151 Proposal for a regulation Article 6 – paragraph 1 – point 1 – point a
Text proposed by the Commission	Amendment
(a) promotion of economic growth, social inclusion, creation of jobs and supporting labour mobility in coastal and inland communities depending on fishing and aquaculture;	(a) promotion of economic growth and social inclusion, including through the creation of jobs and the development of employability and mobility in coastal and inland communities depending on fishing and aquaculture, including in outermost regions;
Amendment  152 Proposal for a regulation Article 6 – paragraph 1 – point 1 – point b
Text proposed by the Commission	Amendment
(b) diversification of fisheries activities into other sectors of maritime economy and growth of maritime economy, including mitigation of climate change.	(b) diversification of fisheries activities in both the fisheries sector and other sectors of the maritime economy that are closely connected to the fishing sector, and growth of maritime economy, including mitigation of climate change.
Amendment  153 Proposal for a regulation Article 6 – paragraph 1 – point 1 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) promoting the implementation of harmonised social rules at Union level.
Amendment  154 Proposal for a regulation Article 6 – paragraph 1 – point 2 – point a
Text proposed by the Commission	Amendment
(a) support to strengthening technological development, innovation and knowledge transfer;	(a) support to strengthening technological development, innovation, including increasing energy efficiency, and knowledge transfer;
Amendment  155 Proposal for a regulation Article 6 – paragraph 1 – point 2 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) reducing the negative impact of fishing on animal welfare;
Amendment  156 Proposal for a regulation Article 6 – paragraph 1 – point 2 – point b
Text proposed by the Commission	Amendment
(b) enhancement of the competitiveness and viability of fisheries, in particular of small scale coastal fleet, and improvement of safety or working conditions;	(b) enhancement of the competitiveness and viability of fisheries and improvement of their health, hygiene, safety and working conditions;
Amendment  157 Proposal for a regulation Article 6 – paragraph 1 – point 2 – point c
Text proposed by the Commission	Amendment
(c) development of new professional skills and lifelong learning;	(c) development of professional training, new professional skills and lifelong learning, in particular for young fishermen;
Amendment  158 Proposal for a regulation Article 6 – paragraph 1 – point 2 – point c a (new)
Text proposed by the Commission	Amendment
	(ca) developing –small scale coastal fishing especially its competitiveness and sustainability, including through the preservation of traditional fishing vessels;
Amendment  159 Proposal for a regulation Article 6 – paragraph 1 – point 3 – introductory part
Text proposed by the Commission	Amendment
(3) Fostering innovative, competitive and knowledge based aquaculture through the focus on the following areas:	(3) Fostering sustainable, innovative, competitive aquaculture based on knowledge and the ecosystem through the focus on the following areas:
Amendment  160 Proposal for a regulation Article 6 – paragraph 1 – point 3 – point a
Text proposed by the Commission	Amendment
(a) support to strengthening technological development, innovation and knowledge transfer;	(a) support to strengthening technological development, technical, social and economic innovation and knowledge transfer;
Amendment  161 Proposal for a regulation Article 6 – paragraph 1 – point 3 – point b
Text proposed by the Commission	Amendment
(b) enhancement of the competitiveness and viability of aquaculture enterprises, SMEs in particular;	(b) enhancement of the competitiveness and viability of extensive and semi intensive aquaculture enterprises, SMEs in particular;
Amendment  162 Proposal for a regulation Article 6 – paragraph 1 – point 3 – point c
Text proposed by the Commission	Amendment
(c) development of new professional skills and lifelong learning;	(c) development of new professional skills and encouragement of professional training and lifelong learning, in particular for young aquaculture farmers;
Amendment  163 Proposal for a regulation Article 6 – paragraph 1 – point 3 – point d
Text proposed by the Commission	Amendment
(d) improved market organisation for aquaculture products.	(d) improved market organisation for aquaculture products and encouragement of investment in the processing and marketing sectors.
Amendment  164 Proposal for a regulation Article 6 – paragraph 1 – point 3 – point d a (new)
Text proposed by the Commission	Amendment
	(da) limiting the ecological footprint by aquaculture.
Amendment  165 Proposal for a regulation Article 6 – paragraph 1 – point 4 – point a
Text proposed by the Commission	Amendment
(a) reduction of the impact of fisheries on the marine environment;	(a) prevention, minimisation and, as far as possible, elimination of unwanted catches and of negative impacts of fisheries on the marine environment, especially through better selectivity of fishing gears;
Amendment  166 Proposal for a regulation Article 6 – paragraph 1 – point 4 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) ensuring a balance between fishing capacity and available fishing opportunities;
Amendment  167 Proposal for a regulation Article 6 – paragraph 1 – point 4 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) implementation of the Marine Strategy Framework Directive and achievement of good environmental status by 2020;
Amendment  168 Proposal for a regulation Article 6 – paragraph 1 – point 5 – point a
Text proposed by the Commission	Amendment
(a) enhancement of ecosystems related to aquaculture and promotion of resource efficient aquaculture;	(a) promotion of resource efficient aquaculture, including by reducing dependence on fish food and oil and reducing the use of chemicals and antibiotics;
Amendment  169 Proposal for a regulation Article 6 – paragraph 1 – point 5 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) assessment, reduction and, where possible, elimination of the impacts of aquaculture activities on marine, terrestrial and freshwater ecosystems;
Amendment  170 Proposal for a regulation Article 6 – paragraph 1 – point 6 – introductory part
Text proposed by the Commission	Amendment
(6) Fostering the implementation of the CFP through:	(6) Fostering the implementation of the CFP and strengthening its links and coherence with the Integrated Maritime Policy through:
Amendment  171 Proposal for a regulation Article 6 – paragraph 1 – point 6 – point a
Text proposed by the Commission	Amendment
(a) the supply of scientific knowledge and collection of data;	(a) the support for the collection and management of data, in order to improve scientific knowledge;
Amendment  172 Proposal for a regulation Article 6 – paragraph 1 – point 6 – point b
Text proposed by the Commission	Amendment
(b) the support to control and enforcement, enhancing institutional capacity and an efficient public administration.	(b) the support for monitoring, control and enforcement, enhancing institutional capacity and an efficient public administration without increasing the administrative burden;
Amendment  173 Proposal for a regulation Article 6 – paragraph 1 – point 6 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) the support for the regionalisation of the CFP, especially through Regional Advisory Councils.

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Amendment  174 Proposal for a regulation Article 8 – paragraph 1
Text proposed by the Commission	Amendment
1. Without prejudice to paragraph 2 of this Article, Articles 107, 108 and 109 of the Treaty shall apply to aid granted by the Member States to enterprises in fisheries and aquaculture.	1. Articles 107, 108 and 109 of the Treaty shall apply to aid granted by the Member States to enterprises in the fisheries and aquaculture sector.
Amendment  175 Proposal for a regulation Article 8 – paragraph 2
Text proposed by the Commission	Amendment
2. However Articles 107, 108 and 109 of the Treaty shall not apply to payments made by Member States pursuant to, and in conformity with, this Regulation within the scope of Article 42 of the Treaty.	2. By way of derogation from paragraph 1, Articles 107, 108 and 109 of the Treaty shall not apply to payments made by Member States pursuant to, and in conformity with, this Regulation within the scope of Article 42 of the Treaty.
Amendment  176 Proposal for a regulation Article 10 – paragraph 1
Text proposed by the Commission	Amendment
In addition to the principles enounced in Article 4 of the [Regulation (EU) No […] laying down Common Provisions], the Commission and the Member States shall ensure coordination and complementarity between support from the EMFF and from other Union policies and financial instruments, including the Regulation (EC) No [establishing the Framework Programme for Environment and Climate Change Action (LIFE Framework Programme)] and those in the framework of the Union's external action. Coordination between assistance from the EMFF and LIFE Framework Programme shall be achieved in particular, by promoting the funding of activities that complement integrated projects funded under LIFE Framework Programme, as well as by promoting the use of solutions, methods and approaches validated under LIFE Framework Programme.	In addition to the principles enounced in Article 4 of the [Regulation (EU) No […] laying down Common Provisions], the Commission and the Member States shall ensure coordination and complementarity between support from the EMFF and from other Union policies and financial instruments, including those in the framework of the Union's external action. This coordination and complementarity requirement shall be included in the operational programmes

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Amendment  177 Proposal for a regulation Article 11
Text proposed by the Commission	Amendment
The ex ante conditionalities referred to in Annex III of this Regulation shall apply for the EMFF.	The specific ex ante conditionalities referred to in Annex III of this Regulation shall apply for the EMFF.
Amendment  178 Proposal for a regulation Article 11 a (new)
Text proposed by the Commission	Amendment
	Article 11a
	Assessment of compliance with capacity ceilings
	1. By …*, the Commission, in collaboration with the Member States, shall carry out an assessment of Member States’ compliance with fishing capacity ceilings, set out in Annex II to Regulation (EU) No …/….. [on the CFP].
	2. When the assessment referred to in paragraph 1 indicates that a Member State is not complying with its capacity ceilings, the Commission may adopt implementing acts suspending all or part of the payments and commitments for the operational programme of the Member State concerned.
	3. The Commission shall lift the suspension of payments and commitments as soon as the Member State implements measures aimed at complying with its capacity ceilings and these are approved by the Commission.
	_________________ * OJ please insert the date three years after the date of entry into force of this Regulation.
Justification
It is vital that Member States comply with the capacity ceilings of their fleet set out in the basic regulation. To this end, the payments and commitments from the EMFF to States who do not comply with their capacity ceilings should be suspended.
Amendment  179 Proposal for a regulation Article 12 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) operators that have committed a serious infringement under 42 of the Regulation (EC) No 1005/2008 or Article 90(1) of the Regulation (EC) No 1224/2009;	(a) operators that have had their fishing licence suspended three or more times, in accordance with Article 92(3) of the Regulation (EC) No 1224/2009, or that have committed a serious infringement under Article 42 of the Regulation (EC) No 1005/2008 or Article 90(1) of the Regulation (EC) No 1224/2009, punishable by final administrative decision;
Amendment  180 Proposal for a regulation Article 12 – paragraph 1 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) operators involved in the operation, management or ownership of fishing vessels flagged to countries identified as non–cooperating third countries pursuant to Article 33 of Regulation (EC) No 1005/2008;
Amendment  181 Proposal for a regulation Article 12 – paragraph 1 – point b b (new)
Text proposed by the Commission	Amendment
	(bb) operators found guilty, in criminal or administrative proceedings, of having committed a serious infringement of the applicable national legislation in the following areas:
	– pay and employment conditions in the trade;
	– professional liability;
	– human or drug trafficking;
Amendment  182 Proposal for a regulation Article 12 – paragraph 1 – point b c (new)
Text proposed by the Commission	Amendment
	(bc) operators found guilty, in criminal or administrative proceedings, of having committed, in one ore more Member States, a serious infringement of Union legislation, particularly concerning:
	– working hours and rest periods for fishermen;
	– health and safety legislation;
	– pay and employment conditions in the trade;
	– the initial qualification and continuous training of fishermen;
Amendment  183 Proposal for a regulation Article 12 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) operators who committed other cases of non compliance with the CFP rules which seriously jeopardise the sustainability of the stocks concerned;	(c) operators who have committed other serious infringements of the CFP rules which seriously jeopardise the sustainability of the stocks concerned;
Amendment  184 Proposal for a regulation Article 12 – paragraph 1 – point c a (new)
Text proposed by the Commission	Amendment
	(ca) operators who have failed to comply with the provisions of the Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the CFP1.
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	1 OJ L 60, 5.3.2008, p.1.
Amendment  185 Proposal for a regulation Article 12 – paragraph 4
Text proposed by the Commission	Amendment
4. Member States shall require that operators submitting an application under the EMFF provide to the managing authority a signed statement confirming that they respect the criteria listed in paragraph 1 and have not committed an irregularity under the EEF or the EMFF as referred to in paragraph 2. Member States shall verify the veracity of the statement before the approval of the operation	4. Member States shall require that operators submitting an application under the EMFF provide to the managing authority a signed statement confirming that they respect the criteria listed in paragraph 1 and paragraph 2. Member States shall verify the veracity of the statement before the approval of the operation, by reference to the information provided in the national register of infringements established under Article 93 of Regulation (EC) No 1224/2009, or to other data provided for this purpose.
Amendment  186 Proposal for a regulation Article 13 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) operations increasing the fishing capacity of the vessel;	(a) operations increasing the fishing capacity of the vessel or its ability to catch fish;
Amendment  187 Proposal for a regulation Article 13 – paragraph 1 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) operations jeopardising the sustainability of marine biological resources and ecosystems;
Amendment  188 Proposal for a regulation Article 13 – paragraph 1 – point a b (new)
Text proposed by the Commission	Amendment
	(ab) destructive employment measures;
Amendment  189 Proposal for a regulation Article 13 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) construction of new fishing vessels, decommissioning or importation of fishing vessels;	(b) construction of new fishing vessels, decommissioning or importation of fishing vessels, except under the conditions referred to in Article 32b;
Amendment  190 Proposal for a regulation Article 13 – paragraph 1 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) investments on board for vessels belonging to a fleet segment for which the capacity report, referred to in Article 34(1) of Regulation (EU) No …/… [on CFP], has demonstrated that there is no sustainable balance between fishing opportunities and fleet capacity;
Amendment  191 Proposal for a regulation Article 13 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) temporary cessation of fishing activities;	deleted
Amendment  192 Proposal for a regulation Article 13 – paragraph 1 – point d
Text proposed by the Commission	Amendment
(d) experimental fishing;	(d) exploratory fishing;
Amendment  193 Proposal for a regulation Article 13 – paragraph 1 – point e
Text proposed by the Commission	Amendment
(e) transfer of ownership of a business;	deleted

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Amendment  194 Proposal for a regulation Article 15 – paragraph 1
Text proposed by the Commission	Amendment
1. The resources available for commitments from the EMFF for the period 2014 to 2020 under shared management shall be EUR 5 520 000 000 in current prices in accordance with the annual breakdown set out in Annex II.	1. The indicative amount available for commitments from the EMFF for the period 2014 to 2020 under shared management shall be EUR X in constant 2011 prices in accordance with the indicative annual breakdown set out in Annex II.
Amendment  195 Proposal for a regulation Article 15 – paragraph 2
Text proposed by the Commission	Amendment
2. EUR 4 535 000 000 of the resources referred to in paragraph (1) shall be allocated to the sustainable development of fisheries, aquaculture and fisheries areas under Chapters I, II and III of Title V.	2. EUR X of the resources referred to in paragraph (1) shall be allocated to the sustainable development of fisheries and aquaculture, of the processing and marketing of fishery and aquaculture products, and of fisheries areas under Chapters I to IV of Title V.
Amendment  196 Proposal for a regulation Article 15 – paragraph 3
Text proposed by the Commission	Amendment
3. EUR 477 000 000 of the resources referred to in paragraph (1) shall be allocated to control and enforcement measures referred to in Article 78.	3. A minimum of EUR X of the resources referred to in paragraph 1 shall be allocated to the control and enforcement measures referred to in Article 78.
Amendment  197 Proposal for a regulation Article 15 – paragraph 4
Text proposed by the Commission	Amendment
4. EUR 358 000 000 of the resources referred to in paragraph (1) shall be allocated to measures on data collection referred to in Article 79.	4. A minimum of EUR X of the resources referred to in paragraph 1 shall be allocated to the data collection and management measures referred to in Article 79.
Amendment  198 Proposal for a regulation Article 15 – paragraph 5 – introductory part
Text proposed by the Commission	Amendment
5. The resources allocated to compensation of outermost regions under Chapter V of Title V, shall not exceed per year:	5. The resources allocated to compensation of outermost regions under Chapter V of Title V, shall not exceed:
Amendment  199 Proposal for a regulation Article 15 – paragraph 5 – indent 1
Text proposed by the Commission	Amendment
– EUR 4 300 000 for the Azores and Madeira;	– EUR X per year for the Azores and Madeira;
Amendment  200 Proposal for a regulation Article 15 – paragraph 5 – indent 2
Text proposed by the Commission	Amendment
– EUR 5 800 000 for the Canary Islands;	– EUR X per year for the Canary Islands;
Amendment  201 Proposal for a regulation Article 15 – paragraph 5 – indent 3
Text proposed by the Commission	Amendment
– EUR 4 900 000 for the French Guiana and Réunion.	– EUR X per year for the French outermost regions.
Amendment  202 Proposal for a regulation Article 15 – paragraph 6
Text proposed by the Commission	Amendment
6. EUR 45 000 000 of the resources referred to in paragraph (1) shall be allocated to the storage aid referred to in Article 72 from 2014 to 2018 included.	6. EUR X of the resources referred to in paragraph (1) shall be allocated to the production and marketing plans referred to in Article 69 and to the storage aid referred to in Article 70.

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Amendment  203 Proposal for a regulation Article 16 – paragraph 1
Text proposed by the Commission	Amendment
An amount of EUR 1 047 000 000 of the EMFF shall allocated to measures under direct management as specified in Chapter I and II of Title VI. This amount includes technical assistance under Article 91.	An amount of EUR X of the EMFF shall be allocated to measures under direct management as specified in Chapter I and II of Title VI. This amount includes technical assistance under Article 91.
	The budgetary resources allocated to the Integrated Maritime Policy shall not exceed 6 % of the total EMFF budget.
Amendment  204 Proposal for a regulation Article 16 a (new)
Text proposed by the Commission	Amendment
	Article 16a
	[Annual reference amounts and annual appropriations]
	1. The overall indicative financial reference amount, as defined in the point [17] of the Interinstitutional Agreement of xx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management for the implementation of the Programme for the period 2014 to 2020 shall be EUR X in constant 2011 prices.
	2. Annual appropriations shall be authorised by the European Parliament and the Council without prejudice to the provisions of the Regulation laying down the multiannual financial framework for the years 2014–2020 and the Interinstitutional Agreement xxx/201z between the European Parliament, Council and the Commission on cooperation in budgetary matters and sound financial management.

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Amendment  205 Proposal for a regulation Article 17 – paragraph 1 – point a – point i
Text proposed by the Commission	Amendment
(i) the level of employment in fisheries and aquaculture,	(i) the level of employment in fisheries, in aquaculture and in the processing industry,
Amendment  206 Proposal for a regulation Article 17 – paragraph 1 – point a – point ii
Text proposed by the Commission	Amendment
(ii) the level of production in fisheries and aquaculture,	(ii) the level of production in fisheries, in aquaculture and in the processing industry,
Amendment  207 Proposal for a regulation Article 17 – paragraph 1 – point b – point iii
Text proposed by the Commission	Amendment
(iii) the extent of data collections tasks of the Member State concerned, approximated by the size of the national fishing fleet, the amount of landings, the amount of scientific monitoring activities at sea and the number of surveys the Member State is taking part in, and	(iii) the extent of the data collection and management tasks of the Member State concerned, approximated by the size of the national fishing fleet, the amount of landings, the amount of scientific monitoring activities at sea and the number of surveys the Member State is taking part in, and
Amendment  208 Proposal for a regulation Article 17 – paragraph 1 – point b – point iv
Text proposed by the Commission	Amendment
(iv) the available data collection resources compared to the extent of the data collection tasks of the Member State, where available means are approximated to the number of observers at sea and the amount of human resources and technical means needed to implement the national sampling programme for data collection.	(iv) the data collection and management resources that are available compared to the extent of the data collection and management tasks of the Member State, where available means are approximated to human resources and technical means needed to implement the national sampling programme for data collection.
Amendment  209 Proposal for a regulation Article 17 – paragraph 1 – point c
Text proposed by the Commission	Amendment
c) As regards all measures, the historical allocations under Council Regulation (EC) No 1198/2006 and the historical consumption under Council Regulation (EC) No 861/2006.	(c) As regards all measures, the previous allocation of funds under Council Regulation (EC) No 1198/2006 for the 2007–2013 period and the previous consumption under Council Regulation (EC) No 861/2006.
Amendment  210 Proposal for a regulation Article 18 – paragraph 1
Text proposed by the Commission	Amendment
1. Each Member State shall draw up a single operational programme to implement the Union priorities to be co–financed by the EMFF.	1. Each Member State shall draw up a single operational programme to implement the Union priorities referred to in Article 6 of this Regulation to be co–financed by the EMFF.
Amendment  211 Proposal for a regulation Article 18 – paragraph 3
Text proposed by the Commission	Amendment
3. For the section of the operational programme referred to in Article 20(1)(n) the Commission shall adopt by means of implementing act the priorities of the Union for enforcement and control policy by 31 May 2013 at the latest.	3. For the section of the operational programme referred to in Article 20(1)(n), the Commission shall be empowered to adopt delegated acts, in accordance with Article 127, setting the priorities of the Union for enforcement and control policy by 31 May 2013 at the latest.
Amendment  212 Proposal for a regulation Article 19 – paragraph 2 (new)
Text proposed by the Commission	Amendment
	(2) each Member State shall include a production and marketing plan as referred to in Article 32 of Regulation (EU) No …/….[ on the common organisation of the markets in fishery and aquaculture products].
Justification
As the preparation of production and marketing plans is included under Union priorities (see previous amendment to Art. 6 paragraph 2 (d)) it is essential that the Member States operational programme includes such plans.
Amendment  213 Proposal for a regulation Article 19 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) appropriate action is envisaged to simplify and facilitate the implementation of the programme;	(c) appropriate action is envisaged to simplify and facilitate the implementation of the programme, in particular facilitating access by –small scale coastal fishing operators and their organisations to the available financial support;
Amendment  214 Proposal for a regulation Article 19 – point d a (new)
Text proposed by the Commission	Amendment
	(da) where applicable, consistency of the measures under Union priorities for EMFF referred to in Article 38(1)d of this Regulation and the prioritised action frameworks for Natura 2000 referred to in Article 8(4) of Council Directive 92/43/EEC as well as the achievement of good environmental status as defined in Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive).
Amendment  215 Proposal for a regulation Article 20 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) an analysis of the situation in terms of SWOT and identification of the needs that have to be addressed in the geographical area covered by the programme;	(b) an analysis of the situation in terms of SWOT and identification of the needs that have to be addressed in the geographical and environmental area covered by the programme;
The analysis shall be structured around the Union priorities. Specific needs concerning climate change mitigation and adaptation and promotion of innovation shall be assessed across Union priorities, in view of identifying relevant responses in these two areas at the level of each priority; a synthesis of the situation of the policy areas eligible for support in terms of strengths and weaknesses;	The analysis shall be structured around the Union priorities as laid down in Article 6. Specific needs concerning climate change mitigation and adaptation and promotion of innovation shall be assessed in relation to Union priorities, with a view to identifying the most relevant responses at the level of each of the priorities related to those areas;
	This analysis shall also cover the effects on each coastal region or area of implementing the CFP.
Amendment  216 Proposal for a regulation Article 20 – paragraph 1 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) an analysis of the consequences for jobs, throughout the whole value chain, of implementing the CFP and innovative proposals for jobs in the affected areas;
Amendment  217 Proposal for a regulation Article 20 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) a demonstration of a pertinent approach integrated into the programme towards innovation, the environment, including the specific needs of Natura 2000 areas, and climate change mitigation and adaptation;	(c) an analysis showing that the programme takes account of the effects of fishing and aquaculture on the environment and, where appropriate, the specific needs of Natura 2000 areas, as well as the achievement of good environmental status, the establishment of a coherent network of fish recovery areas and climate change mitigation and adaptation;
Amendment  218 Proposal for a regulation Article 20 – paragraph 1 – point c a (new)
Text proposed by the Commission	Amendment
	(ca) an assessment of the balance between fishing capacity and available fishing opportunities, as required under Regulation (EU) No …/…. [on the CFP] and a description of the measures taken to comply with fishing capacity ceilings set out in Annex II to that Regulation;
Amendment  219 Proposal for a regulation Article 20 – paragraph 1 – point h
Text proposed by the Commission	Amendment
(h) a clear indication of the operations under Chapter III of Title V that may be undertaken collectively and therefore may benefit from higher aid intensity according to Article 95(3);	(h) a clear indication of the measures under Chapter III of Title V that may be undertaken collectively and therefore may benefit from higher aid intensity according to Article 95(3);
Amendment  220 Proposal for a regulation Article 20 – paragraph 1 – point h a (new)
Text proposed by the Commission	Amendment
	(ha) an assessment of the balance between fishing capacity and available fishing opportunities as required under Regulation (EU) No …/…. [on the CFP] and a description of the measures taken to comply with fishing capacity ceilings set out in Annex II to that Regulation;
Amendment  221 Proposal for a regulation Article 20 – paragraph 1 – point h b (new)
Text proposed by the Commission	Amendment
	(hb) a detailed description of the measures concerning the preparation and implementation of production and marketing plans benefiting from support under Article 69;
Amendment  222 Proposal for a regulation Article 20 – paragraph 1 – point i
Text proposed by the Commission	Amendment
(i) an analysis of needs relating to monitoring and evaluation requirements and the evaluation plan referred to in Article 49 of the [Regulation (EU) No […] laying down Common Provisions]. The Member States shall provide sufficient resources and capacity building activities to address the identified needs;	(i) the evaluation requirements and the evaluation plan referred to in Article 49 of the [Regulation (EU) No […] laying down Common Provisions] and the measures to be taken to address the identified needs;
Amendment  223 Proposal for a regulation Article 20 – paragraph 1 – point j – point ii
Text proposed by the Commission	Amendment
(ii) a table setting out the applicable EMFF resources and co–financing rate for the objectives under the Union priorities of Article 6 and the technical assistance. Where applicable, this table shall indicate separately the EMFF resources and the co–financing rates which apply by way of derogation to the general rule of Article 94(1) for support referred to in Article 72, Article 73, Article 78(2)(a) to (d) and (f) to (j), Article 78(2)(e) and Article 79.	(ii) a table setting out the applicable EMFF resources and co–financing rate for the Union priorities of Article 6 and the technical assistance. Where applicable, this table shall indicate separately the EMFF resources and the co–financing rates which apply by way of derogation to the general rule of Article 94(1) for support referred to in Article 72, Article 73, Article 78(2)(a) to (d) and (f) to (j), Article 78(2)(e) and Article 79.
Amendment  224 Proposal for a regulation Article 20 – paragraph 1 – point k
Text proposed by the Commission	Amendment
(k) information on the complementarity with measures financed through other CSF Funds or the LIFE Framework Programme;	(k) information on complementarity with measures financed through other Union policies and financial instruments;
Amendment  225 Proposal for a regulation Article 20 – paragraph 1 – point l – point ia (new)
Text proposed by the Commission	Amendment
	(ia) a clear description of the roles to be performed by the FLAGs and by the management authority or body appointed for setting strategy implementation tasks;
Amendment  226 Proposal for a regulation Article 20 – paragraph 1 – point l – point ii
Text proposed by the Commission	Amendment
(ii) a description of the monitoring and evaluation procedures, as well as the composition of the Monitoring Committee;	(ii) a description of the monitoring and evaluation procedures, as well as the general composition of the Monitoring Committee;
Amendment  227 Proposal for a regulation Article 20 – paragraph 1 – point m
Text proposed by the Commission	Amendment
(m) the designation of the partners referred to in Article 5 of the [Regulation (EU) No [...] laying down Common Provisions] and the results of the consultation of the partners;	(m) the procedure for designation of the partners referred to in Article 5 of the [Regulation (EU) No [...] laying down Common Provisions] and the results of the consultation of the partners; changes with regard to partners may be implemented during the programme with the agreement of the Monitoring Committee;
Amendment  228 Proposal for a regulation Article 20 – paragraph 1 – point n – point i
Text proposed by the Commission	Amendment
(i) a list of bodies implementing the control, inspection and enforcement system and a brief description of their human and financial resources available for fisheries control, inspection and enforcement, their equipment available for fisheries control, inspection and enforcement in particular the number of vessels, aircraft and helicopters;	(i) a list of bodies implementing the control, inspection and enforcement system and a brief description of their human and financial resources available for fisheries control, inspection and enforcement, their main equipment available for fisheries control, inspection and enforcement in particular the number of vessels, aircraft and helicopters;
Amendment  229 Proposal for a regulation Article 20 – paragraph 1 – point o – introductory part
Text proposed by the Commission	Amendment
(o) for the objective of collection of data for sustainable fisheries management referred in under Articles 6(6) and 18(4) and in accordance with the multiannual Union programme referred to in Article 37(5) of the [Regulation on Common Fisheries Policy]:	(o) for the objective of collection of data for sustainable ecosystem–based fisheries management referred in under Articles 6(6) and 18(4) and in accordance with the multiannual Union programme referred to in Article 37(5) of the [Regulation on Common Fisheries Policy] and for the analysis of the socio–economic situation of the processing and marketing industry for fisheries and aquaculture products:
Amendment  230 Proposal for a regulation Article 20 – paragraph 1 – point o – point i
Text proposed by the Commission	Amendment
(i) a description of activities of data collection to be carried out to allow the following:	(i) a description of activities of data collection, to be carried out in consultation with stakeholders to allow the following:
Amendment  231 Proposal for a regulation Article 20 – paragraph 1 – point o – point i – indent 1
Text proposed by the Commission	Amendment
– an evaluation of the fishing sector (biological, economical and transversal variables as well as research surveys at sea),	– an evaluation of the fishing sector (biological, economic, social and transversal variables throughout the value chain, as well as research surveys at sea),
Amendment  232 Proposal for a regulation Article 20 – paragraph 1 – point o – point i – indent 2
Text proposed by the Commission	Amendment
– an evaluation of the economic situation of aquaculture and processing industries,	– an evaluation of the economic and social situation of aquaculture and processing industries,
Amendment  233 Proposal for a regulation Article 20 – paragraph 1 – point o – point i – indent 3
Text proposed by the Commission	Amendment
– an evaluation of the effects of the fishing sector on the ecosystem.	– an evaluation of the effects of the fishing and aquaculture sectors on the ecosystem to enable comparisons to be made between types of fishing and aquaculture activities and fleet segments according to the requirements of Regulation (EU) No …/…. [on the CFP].
Amendment  234 Proposal for a regulation Article 20 – paragraph 1 – point o – point iii – sub–paragraph 1
Text proposed by the Commission	Amendment
(iii) a demonstration of the capability to achieve sound financial and administrative management of the data collected.	(iii) a justification of the capability to achieve sound financial and administrative management of the data collected.
Amendment  235 Proposal for a regulation Article 20 – paragraph 4
Text proposed by the Commission	Amendment
4. The Commission shall lay down, by means of implementing acts, rules for the presentation of the elements described in paragraphs 1, 2 and 3. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 128(2).	4. The Commission shall adopt implementing acts, laying down rules for the presentation of the elements described in paragraphs 1, 2 and 3. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 128(3).

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Amendment  236 Proposal for a regulation Article 21 – paragraph 2
Text proposed by the Commission	Amendment
2. The Commission shall approve the operational programme by means of implementing act.	2. The Commission shall adopt implementing acts approving the operational programme when it is satisfied the requirements of paragraph 1 have been met. Once approved the operational programmes shall be made available to the public.
Amendment  237 Proposal for a regulation Article 22 – paragraph 2 – subparagraph 2
Text proposed by the Commission	Amendment
For this purpose, the Commission shall adopt a decision, by means of implementing act, detailing the changes in the priorities of the Union in the enforcement and control policy mentioned in Article 18(3) and the corresponding eligible operations to be prioritised.	For this purpose, the Commission shall be empowered to adopt delegated acts, in accordance with Article 127, detailing the changes in the priorities of the Union in the enforcement and control policy mentioned in Article 18(3) and the corresponding eligible operations to be prioritised.

Amendment  238

on behalf of the EPP Group, S&D Group

Compromise amendment replacing Amendments 950, 951, 952, 953, 954, 955

Proposal for a regulation

Article 22– paragraph 2 – subparagraph 3

Text proposed by the Commission	Amendment
Taking into account the new priorities laid down in the decision mentioned in the second sub-paragraph of this paragraph, Member States shall submit to the Commission by 31 October of the year preceding the year of implementation concerned, the amendment to the Operational Programme.	Member States may amend their operational programme, taking into account the new priorities laid down in the decision mentioned in the second sub-paragraph of this paragraph. Member States shall submit any such amendments to the Commission by 31 October of the year preceding the year of implementation concerned.

Or. en

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Amendment  239 Proposal for a regulation Article 23 – paragraph 1
Text proposed by the Commission	Amendment
1. For the purpose of application of Article 20(1)(o), Member States shall submit to the Commission an annual work plan before 31 October each year. Annual work plans shall contain a description of the procedures and methods to be used in collecting and analysing data and in estimating their accuracy and precision.	1. For the purpose of application of Article 20(1)(o), Member States shall submit to the Commission, before 31 October each year, an annual work plan or shall notify the Commission of the continuation of the plan that was in force the previous year. Annual work plans shall be drawn up within the framework of a multiannual national programme, in accordance with the Union programme and shall contain a description of the procedures and methods to be used in collecting and analysing data and in estimating their accuracy and precision.
Amendment  240 Proposal for a regulation Article 24 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) introduction or withdrawal of measures or types of operations;	(b) introduction or withdrawal of measures or types of relevant operations and the information and indicators related to them;
Amendment  241 Proposal for a regulation Article 24 – paragraph 2
Text proposed by the Commission	Amendment
2. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 128(2).	2. The implementing acts referred to in paragraph 1shall be adopted in accordance with the examination procedure referred to in Article 128(3).
Amendment  242 Proposal for a regulation Article 25 – title
Text proposed by the Commission	Amendment
Annual work programme	Multiannual operational programme and annual work programmes
Amendment  243 Proposal for a regulation Article 25 – paragraph 1
Text proposed by the Commission	Amendment
1. To implement Chapters I and II of Title VI and Article 92, the Commission shall, by means of implementing acts, adopt annual work programme in accordance with objectives set out in those Chapters. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 128(3).	1. In order to establish the details for the application of Chapters I and II of Title VI and Article 92, the Commission shall adopt delegated acts, in accordance with Article 127, setting up a multiannual operational programme, one of the tasks of which shall be to establishing annual work programmes, in accordance with the objectives set out in those Chapters.
Amendment  244 Proposal for a regulation Article 25 – paragraph 2
Text proposed by the Commission	Amendment
2. The annual work programme shall set out the objectives pursued, the expected results, the method of implementation and its total amount. It shall also contain a description of the activities to be financed, an indication of the amount allocated to each activity, an indicative implementation timetable, as well as information on their implementation. It shall include for grants the priorities, the essential evaluation criteria and the maximum rate of co–financing.	2. The multiannual operational programme and the annual work programmes shall set out the objectives pursued, the expected results, the method of implementation and its total amount. They shall also contain a description of the activities to be financed, an indication of the amount allocated to each activity and an indicative implementation timetable, as well as information on their implementation. For grants, they shall include the priorities, the essential evaluation criteria and the maximum rate of co–financing. They shall furthermore include a requirement for annual reports on budget implementation.
Amendment  245 Proposal for a regulation Article 27 – paragraph 1
Text proposed by the Commission	Amendment
1. The owner of a fishing vessel having received support under Articles 32(1)(b), 36, 39(1)(a), or 40(2) of this Regulation shall not transfer the vessel to a third country outside the Union during at least 5 years following the date of actual payment to the beneficiary.	1. The owner of a fishing vessel having received support under Articles 32, 36, 39 or 40 of this Regulation shall not transfer the vessel to a third country outside the Union for at least five years following the date of actual payment of that support to the beneficiary, unless that support is reimbursed by the beneficiary on a pro rata temporis basis before such transfer. The first sentence of this paragraph shall be without prejudice to Article 135 of the [Financial Regulation].

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Amendment  246 Proposal for a regulation Article 28 – paragraph 1
Text proposed by the Commission	Amendment
1. In order to stimulate innovation in fisheries, the EMFF may support projects aiming at developing or introducing new or substantially improved products compared to the state of art, new or improved processes, new or improved management and organisation systems.	1. In order to stimulate innovation in fisheries and the processing industry, the EMFF may support projects aiming at developing or introducing new or substantially improved techniques, equipment or products, for example through designing innovative vessels, as well as new or improved processes and new or improved management and organisation systems, provided that such projects contribute to the objectives listed in Article 2 of Regulation (EU) No …/…. [on the CFP].
Amendment  247 Proposal for a regulation Article 28 – paragraph 2
Text proposed by the Commission	Amendment
2. Operations financed under this Article must be carried out in collaboration with a scientific or technical body recognised by the Member State which shall validate the results of such operations.	2. Operations financed under this Article must be carried out by or in collaboration with a scientific or technical body recognised by the Member State or the Union which shall validate the results of such operations.
Amendment  248 Proposal for a regulation Article 28 – paragraph 3
Text proposed by the Commission	Amendment
3. The results of operations financed under this Article shall be subject to adequate publicity by the Member State according to Article 120.	3. The results of operations financed under this Article shall be the subject of publicly accessible reports, as well as adequate publicity by the Member State according to Article 120.

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Amendment  249 Proposal for a regulation Article 28 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. The application procedure for innovation support shall be made more accessible in order to encourage more projects.

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Amendment  250 Proposal for a regulation Article 29 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to improve the overall performance and competitiveness of operators, the EMFF may support:	1. In order to improve the overall performance and competitiveness of operators and to promote more sustainable fisheries, the EMFF may support:
Amendment  251 Proposal for a regulation Article 29 – paragraph 1 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) the provision of professional advice on the development of more sustainable fishing practices, with a focus on limiting and, where possible, eliminating the impact of such activities on marine, terrestrial and freshwater ecosystems;
Amendment  252 Proposal for a regulation Article 29 – paragraph 1 – point a b (new)
Text proposed by the Commission	Amendment
	(ab) the provision of technical, legal or economic advisory services linked to projects potentially eligible for support under this Chapter;
Amendment  253 Proposal for a regulation Article 29 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) the provision of professional advice on business and marketing strategies.	(b) the provision of professional advice on business and marketing strategies, including advice on promotion, marketing and public relations.
Amendment  254 Proposal for a regulation Article 29 – paragraph 2
Text proposed by the Commission	Amendment
2. The feasibility studies and advice referred to respectively in paragraph 1(a) and (b) shall be provided by recognised scientific or technical bodies with the required advisory competences as recognised by the national law of each Member State.	2. The feasibility studies, advice and services referred to in points (a), (aa), (ab) and (b) of paragraph 1 shall be provided by recognised scientific, academic, professional or technical bodies with the required advisory competences as recognised by the national law of each Member State.
Amendment  255 Proposal for a regulation Article 29 – paragraph 3
Text proposed by the Commission	Amendment
3. The support referred to in paragraph 1 shall be granted to operators or organisations of fishermen, recognised by the Member State, who commissioned the feasibility study referred to in paragraph 1.	3. The support referred to in paragraph 1 shall be granted to operators, organisations of fishermen or public law bodies recognised by the Member State, who commissioned the feasibility study or who requested the advice or advisory services referred to under points (a), (aa), (ab) and (b) of paragraph 1.
Amendment  256 Proposal for a regulation Article 29 – paragraph 4
Text proposed by the Commission	Amendment
4. Member States shall ensure that operations to be financed under this Article are selected through an accelerated procedure.	4. Member States shall ensure that operations to be financed under this Article are selected through an accelerated procedure, in particular in the case of –small scale coastal fisheries and inland fishing.
Amendment  257 Proposal for a regulation Article 30 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to foster the transfer of knowledge between scientists and fishermen, the EMFF may support:	1. In order to foster the improved collection, promotion and transfer of knowledge between scientists and fishermen, the EMFF may support:
Amendment  258 Proposal for a regulation Article 30 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) the creation of a network composed by one or more independent scientific bodies and fishermen or one or more organisations of fishermen;	(a) the creation of networks, partnership agreements, contracts or associations between one or more independent scientific bodies and fishermen or one or more organisations of fishermen, with the participation of those public bodies of Member States that wish to participate;
Amendment  259 Proposal for a regulation Article 30 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) the activities carried out by a network as referred in point (a).	(b) the activities carried out in the framework of the networks, partnership agreements, contracts or associations created in accordance with point (a).
Amendment  260 Proposal for a regulation Article 30 – paragraph 2
Text proposed by the Commission	Amendment
2. Activities referred to in paragraph 1(b) may cover data collection activities, studies, dissemination of knowledge and best practices.	2. Activities referred to in paragraph 1(b) may cover data collection and management activities, joint research projects, studies, pilot projects, seminars, dissemination of knowledge and best practices.

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Amendment  261 Proposal for a regulation Article 31 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) lifelong learning, dissemination of scientific knowledge and innovative practices, and acquisition of new professional skills in particular linked to the sustainable management of marine ecosystems, activities in the maritime sector, innovation and entrepreneurship;	(a) actions and operations to promote professional training, lifelong learning, dissemination of scientific, technical, economic or legal knowledge and innovative practices, and acquisition of new professional skills, in particular those linked to:
	– the sustainable management of marine and inland water ecosystems;
	– activities in the maritime sector;
	– innovation;
	– entrepreneurship, especially access by young people to fishing professions;
	– hygiene, health and safety;
	– training fishermen to implement the provisions of the CFP;
	– the prevention of occupational risks.
Amendment  262 Proposal for a regulation Article 31 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) networking and exchange of experience and best practice between stakeholders including among organisations promoting equal opportunities between men and women;	(b) networking and exchange of experience and best practice between stakeholders including among training organisations and those organisations that promote equal opportunities between men and women and the promotion of [recognition of] the crucial role performed by women in fishing communities;
Amendment  263 Proposal for a regulation Article 31 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) promoting the social dialogue at national, regional or local level involving fishermen and other relevant stakeholders.	(c) the promotion of social dialogue at Union, national, regional and local level involving operators, the social partners and other relevant stakeholders, with particular reference to under–represented groups such as those involved in –small scale coastal fishing and in on–foot fishing.

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Amendment  264 Proposal for a regulation Article 32 – title
Text proposed by the Commission	Amendment
Facilitating diversification and job creation	Facilitating entrepreneurship, diversification and job creation
Amendment  265 Proposal for a regulation Article 32– paragraph –-1 (new)
Text proposed by the Commission	Amendment
	–-1. In order to foster entrepreneurship and to facilitate job creation, the EMFF may support the transfer of ownership of an existing business in the fishing sector, on condition that they do so only for beneficiaries younger than 35 years old and follow the criteria set out in Article 32a.
Amendment  266 Proposal for a regulation Article 32 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to facilitate diversification and job creation outside fishing, the EMFF may support:	1. In order to facilitate diversification, the EMFF may also support complementary activities related to the core fishing business through:
Amendment  267 Proposal for a regulation Article 32 – paragraph 1 – point a a (new)
Text proposed by the Commission	Amendment
(a) business start–ups outside fishing;	(aa) investments on board in activities that complement fishing, such as environmental services and educational or tourism activities;
Amendment  268 Proposal for a regulation Article 32 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) retrofitting of small scale coastal fishing vessels in order to reassign them for activities outside fishing.	(b) retrofitting of small scale coastal fishing vessels in order to reassign them to activities outside commercial fishing.
Amendment  269 Proposal for a regulation Article 32 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) retrofitting of small scale coastal fishing vessels in order to reassign them for activities outside fishing.	(Does not affect English version.)
Amendment  270 Proposal for a regulation Article 32 – paragraph 2 – introductory part
Text proposed by the Commission	Amendment
2. Support under paragraph 1 (a) shall be granted to fishermen who:	2. Support under paragraph –1 and paragraph 1 (aa) shall be granted to fishermen who:
Amendment  271 Proposal for a regulation Article 32 – paragraph 2 – point a
Text proposed by the Commission	Amendment
(a) submit a business plan for the development of their new activities;	(a) submit a business plan for the development of their activities;
Amendment  272 Proposal for a regulation Article 32 – paragraph 3
Text proposed by the Commission	Amendment
3. Support under paragraph 1(b) shall be granted to small scale coastal fishermen owning a Union fishing vessel registered as active and which have carried out fishing activities at sea at least 60 days during the two years preceding the date of submission of the application. The fishing licence associated with the fishing vessel shall be permanently withdrawn.	3. Support under paragraph 1(b) shall be granted to small scale coastal fishermen owning a Union fishing vessel registered as active and which have carried out fishing activities at sea at least 60 days during the two calendar years preceding the date of submission of the application.
Amendment  273 Proposal for a regulation Article 32 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. Support under paragraph 1(c) shall be granted only to fishermen provided that the complementary activities to fishing relate to the core fishing business, such as angling tourism, restaurants, fishing environmental services or educational activities on fishing.
Amendment  274 Proposal for a regulation Article 32 – paragraph 4
Text proposed by the Commission	Amendment
4. Beneficiaries of the support referred to in paragraph 1 shall not engage in professional fishing in the five years following the reception of the last payment of the support.	deleted
Amendment  275 Proposal for a regulation Article 32 – paragraph 6
Text proposed by the Commission	Amendment
6. The amount of financial assistance granted under paragraph 1 (a) shall not exceed 50% of the budget foreseen in the business plan for each operation and shall not exceed a maximum amount of 50 000 EUR for each operation.	6. The amount of financial assistance granted under paragraph –1 and paragraph 1(aa) shall not exceed 50 % of the budget foreseen in the business plan for each operation and shall not exceed a maximum amount of EUR 100 000 for each operation.

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Amendment  276 Proposal for a regulation Article 32 a (new)
Text proposed by the Commission	Amendment
	Article 32a
	Start–up support for young fishermen
	1. The EMFF may grant individual support to young fishermen on condition that they:
	– are younger than 35 years;
	– demonstrate that they have worked for at least five years as fisherman or have equivalent professional training;
	– acquired, for the first time, ownership of a –small scale coastal fishing vessel which is between five and 20 years old and has carried out fishing activities during the five previous years.
	2. The fishing vessel referred to in paragraph 1 shall belong to a fleet segment for which the capacity report, referred to in Article 34(1) of Regulation (EU) No …/…. [on CFP], shows that fishing opportunities and fleet capacity are in equilibrium.
	3. The amount of the support referred to in paragraph 1 shall not exceed EUR 100 000 .
Amendment  277 Proposal for a regulation Article 32 b (new)
Text proposed by the Commission	Amendment
	Article 32b
	Investments for the fleet renewal
	1. The EMFF may support investments for the renewal of –small scale coastal fishing vessels that are more than 35 years old, subject to the following conditions:
	(i) the vessel belongs to a fleet segment for which the capacity report referred to in Article 34(1) of Regulation (EU) No …/…. [on CFP] has demonstrated that fishing opportunities and fleet capacity are in equilibrium and the investment would reduce the vessel's capacity, fishing effort and energy consumption by at least 40 %;
	(ii) the investment substantially improves the selectivity of the vessel's gear;
	(iii) the investment respects on-board safety requirements ;
	(iv) the vessel has carried out fishing activities during the five previous years.
	2. The support referred to in paragraph 1 shall only be granted to vessel owners and, with the exception of traditional fishing vessels, shall only be granted in return for the scrapping of the vessel that is more than 35 years old.
	3. The amount of the support referred to in paragraph 1 shall not exceed 15% of the total investment and EUR 80 000.
	4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 127, laying down detailed rules for the application of the criteria set out in this Article.
Amendment  278 Proposal for a regulation Article 33 – title
Text proposed by the Commission	Amendment
Health and safety on board	Health, hygiene and safety on board
Amendment  279 Proposal for a regulation Article 33 – paragraph 1
Text proposed by the Commission	Amendment
1. In order to improve working conditions on board for fishermen the EMFF may support investments on board or in individual equipments providing that these investments go beyond standards required under national or Union law.	1. In order to improve health, hygiene, safety, working and living conditions on board for fishermen, the EMFF may support investments on board or in individual equipments provided that these investments go beyond standards required under national or Union law and do not increase the fishing capacity of the vessel.
Amendment  280 Proposal for a regulation Article 33 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. In order to improve care for fishermen in the event of an accident, the EMFF may promote joint projects to make medical training widely available to entire crews.

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Amendment  281 Proposal for a regulation Article 33 a (new)
Text proposed by the Commission	Amendment
	Article 33a
	Temporary cessation of fishing activities
	1. The EMFF shall only contribute to financing measures for the temporary cessation of fishing activities in the following cases :
	(a) acting within the scope of a multiannual plan as defined in Regulation (EU) No …/…. [on the CFP ];
	(b) when the Commission has adopted emergency pursuant to Article 13 of Regulation (EU) No …/…. [on the CFP ];
	(c) during biological recovery periods at given critical phases of the life cycles of species, where such measures are necessary for the sustainable exploitation of fishery resources, helping to sustain stocks and allowing fishing to continue outside such rest periods.
	Support shall be granted by means of financial compensation for the period of inactivity.
	2. The duration of the measures referred to in paragraph 1 shall be determined on the basis of the best available scientific research concerning the status of stocks.
	3. The recurrent seasonal suspension of fishing periods which is not covered by paragraph 1(c) shall not be taken into account when granting compensation or making payments under this Article.
	4. The EMFF may contribute to the financing of the measures referred to in paragraph 1 for affected fishermen and owners of fishing vessels, for a maximum period of six months per vessel throughout the programming period. The support shall be granted to:
	(a) the owners of fishing vessels included in the Union Fleet Register who have engaged in fishing activities for at least 120 days preceding the submission of the application for support; and
	(b) crew members who have worked on board a fishing vessel affected by temporary cessation of activities under the conditions referred to in point (a) of this paragraph.
	4. During periods when the support referred to in paragraph 1 is being received, the fishing vessel and the crew members affected shall not engage in any fishing activity. Member States shall ensure that activity has ceased.
Amendment  282 Proposal for a regulation Article 33 b (new)
Text proposed by the Commission	Amendment
	Article 33b
	Mutual funds for the purpose of insurance
	1. The EMFF may contribute to mutual funds recognised by a Member State in accordance with its national law which enable fishermen who are affiliated members to insure themselves against losses caused by:
	(a) natural disasters; or
	(b) environmental or health incidents.
	.
	2. Events shall be formally recognised as natural disasters or environmental or health incidents by the Member State concerned or, if they so require, by the internal rules of the mutual fund . Member States may, where appropriate, establish criteria in advance based on which such formal recognition shall be deemed to be granted.
Amendment  283 Proposal for a regulation Article 34
Text proposed by the Commission	Amendment
Article 34	deleted
Support to systems of transferable fishing concessions of the CFP
1. In order to establish or modify systems of transferable fishing concessions under Article 27 of the [Regulation on the CFP], the EMFF may support:
a) the design and development of technical and administrative means necessary for the creation or functioning of a transferable fishing concessions system;
b) stakeholder participation in designing and developing transferable fishing concessions systems;
c) the monitoring and evaluation of transferable fishing concessions systems;
d) the management of transferable concessions systems.
2. Support under paragraph 1 (a), (b) and (c) shall only be granted to public authorities. Support under paragraph 1 (d) of this Article shall be granted to public authorities legal or natural persons or recognized producer organizations involved in collective management of pooled transferable fishing concessions in accordance with Article 28(4) of the Regulation on Common Fisheries.
Justification
The rapporteur is opposed to the introduction of transferable fishing concessions. Such an arrangement would serve to monetise fishing rights and would endanger small–scale and coastal fishing.
Amendment  284 Proposal for a regulation Article 35 – title
Text proposed by the Commission	Amendment
Support to the implementation of conservation measures under the CFP	Support for the design and implementation of conservation measures under the CFP
Amendment  285 Proposal for a regulation Article 35 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1.In order to ensure efficient implementation of conservation measures under Articles 17 and 21 of the [Regulation on Common Fisheries Policy] the EMFF may support:	1. In order to ensure efficient design and implementation of the CFP's priorities on regionalisation and conservation measures adopted under the [Regulation on Common Fisheries Policy], including the multiannual plans, the EMFF may support:
Amendment  286 Proposal for a regulation Article 35 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) the design and development of technical and administrative means necessary for the implementation of conservation measures in the meaning of Articles 17 and 21 of the [Regulation on Common Fisheries Policy];	(a) the design, development and monitoring of technical and administrative means necessary for the drafting and implementation of the multiannual plans and conservation measures in the meaning of the [Regulation on Common Fisheries Policy];
Amendment  287 Proposal for a regulation Article 35 – paragraph 1 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) the establishment of a coherent network of fish stock recovery areas pursuant to Regulation (EU) No …/… [on CFP];
Amendment  288 Proposal for a regulation Article 35 – paragraph 1 – point a b (new)
Text proposed by the Commission	Amendment
	(ab) the implementation of biological recovery periods;
Amendment  289 Proposal for a regulation Article 35 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) stakeholder participation in designing and implementing conservation measures in the meaning of Articles 17 and 21 of the [Regulation on Common Fisheries Policy]	(b) stakeholder participation and cooperation between Member States in designing and implementing the multiannual plans and conservation measures in the meaning of the [Regulation on Common Fisheries Policy]
Amendment  290 Proposal for a regulation Article 35 – paragraph 2
Text proposed by the Commission	Amendment
2. The support referred to in paragraph 1 shall only be granted to public authorities.	2. The support referred to in paragraph 1 may be granted to public authorities, to Advisory Councils, to scientific bodies, to recognised organisations of fishermen and to producer organisations, provided that they are involved in the implementation of the multiannual plans and the conservation measures under the CFP.

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Amendment  291 Proposal for a regulation Article 36 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to reduce the impact of fishing on the marine environment, foster the elimination of discards and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY, the EMFF may support investments in equipment:	1. In order to reduce the impact of fishing on the marine environment, foster the elimination of discards and facilitate the transition to a sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY, the EMFF may support research and investments in equipment, instruments or systems:
Amendment  292 Proposal for a regulation Article 36 – paragraph 1 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) replacing the fishing gear provided that the new gear has a more appropriate size, a better species selectivity, a limited impact on the marine environment and vulnerable marine ecosystems and does not increase the capacity of the fishing vessel to catch fish;
Amendment  293 Proposal for a regulation Article 36 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) reducing unwanted catches of commercial stocks or other by–catches;	(b) reducing unwanted or unauthorised catches of commercial stocks or other by–catches, with an emphasis on the development and introduction of devices to reduce these catches;
Amendment  294 Proposal for a regulation Article 36 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) limiting the physical and biological impacts of fishing on the ecosystem or the sea bed.	(c) limiting and, where possible, eliminating the physical and biological impacts of fishing on the ecosystem or the sea bed, particularly in areas identified as biogeographically sensitive;
Amendment  295 Proposal for a regulation Article 36 – paragraph 1 – point c a (new)
Text proposed by the Commission	Amendment
	(ca) protecting gear and catches from mammals and birds protected by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora1 or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds2, provided that it does not undermine the selectivity of the fishing gear and that all appropriate measures are taken to avoid physical damage to the predators.
	__________________
	1 OJ L 206 , 22.7.1992 p.7.
	2 OJ L 20, 26.1.2010, p. 7.
Amendment  296 Proposal for a regulation Article 36 – paragraph 1 – point c b (new)
Text proposed by the Commission	Amendment
	(cb) reducing the negative impact of fishing activities on animal welfare.
Amendment  297 Proposal for a regulation Article 36 – paragraph 1 – point c c (new)
Text proposed by the Commission	Amendment
	(cc) contributing to the assessment of fish stocks.
Amendment  298 Proposal for a regulation Article 36 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. In the outermost regions, the support referred to in paragraph 1 may be granted to anchored fish aggregating devices (FADs) only if they contribute to sustainable and selective fishing.
Amendment  299 Proposal for a regulation Article 36 – paragraph 3
Text proposed by the Commission	Amendment
3. Support shall only be granted when the gear or other equipment referred under paragraph 1 has demonstrably better size–selection or lower impact on non–target species than the standard gear or other equipment permitted under Union law or relevant national law of Member States adopted in the context of regionalisation as referred to in the [Regulation on the CFP].	3. Support shall only be granted when the gear or other equipment referred under paragraph 1 demonstrably has a substantially better size–selection and a lower impact on the ecosystem and on non–target species than the standard gear or other equipment, instruments or systems permitted under Union law or relevant national law of Member States adopted in the context of regionalisation as referred to in the [Regulation on the CFP].
Amendment  300 Proposal for a regulation Article 36 – paragraph 4 – point b
Text proposed by the Commission	Amendment
(b) fishermen who own the gear to be replaced and who have worked on board of a Union fishing vessel for at least 60 days during the two years preceding the date of submission of the application;	(b) fishermen who own the gear, instruments or systems to be replaced and who have worked on board of a Union fishing vessel for at least 60 days during the two years preceding the date of submission of the application;
Amendment  301 Proposal for a regulation Article 36 a (new)
Text proposed by the Commission	Amendment
	Article 36a
	Support to mitigate the economic impact of exceptional events
	In order to mitigate the economic impact of an exceptional event that prevents normal fishery from being conducted, support may be granted under the EMFF to fishing vessel owners and fishermen for the temporary suspension of fisheries activities. The implementation of fish stock conservation measures shall not be considered to be an exceptional event.
Justification
Alongside fish stock conservation measures, the EMFF Regulation must include an instrument for addressing exceptional events, such as natural disasters or large–scale maritime pollution, in order to mitigate the situation, on a temporary basis, for the fishing vessel owners and fishermen affected.

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Amendment  302 Proposal for a regulation Article 37 – paragraph 1
Text proposed by the Commission	Amendment
1. In order to contribute to the elimination of discards and by–catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY, the EMFF may support projects aiming at developing or introducing new technical or organisational knowledge reducing impacts of fishing activities on the environment or achieving a more sustainable use of marine biological resources.	1. In order to contribute to the elimination of discards and by–catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY, the EMFF may support projects that aim to develope, improve or introduce new technical or organisational knowledge reducing impacts of fishing activities on the environment, including improved fishing techniques and improved selectivity of fishing operations, or to achieve a more sustainable use of marine biological resources, based on an ecosystem-approach to fisheries management.
Amendment  303 Proposal for a regulation Article 37 – paragraph 2
Text proposed by the Commission	Amendment
2. Operations financed under this Article must be carried out in collaboration with a scientific or technical body recognised by the national law of each Member State which shall validate the results of such operations.	2. Operations financed under this Article, which may be implemented by organisations of fishermen recognised by a Member State, shall be carried out in collaboration with a scientific or technical body recognised by each Member State which shall validate the results of such operations.
Amendment  304 Proposal for a regulation Article 37 – paragraph 3
Text proposed by the Commission	Amendment
3. The results of operations financed under this Article shall be the subject to adequate publicity by the Member State according to Article 120.	3. The results of operations financed under this Article shall be made publicly available by the Member State according to Article 120.
Amendment  305 Proposal for a regulation Article 37 – paragraph 4
Text proposed by the Commission	Amendment
4. Fishing vessels involved in projects financed under this Article shall not exceed 5 % of the vessels of the national fleet or 5 % of the national fleet tonnage in gross tonnage, calculated at the time of submission of the application.	4. Fishing vessels involved in projects financed under this Article shall not exceed 5 % of the vessels of the national fleet or 5 % of the national fleet tonnage in gross tonnage, calculated at the time of submission of the application. At the request of a Member State, in duly justified circumstances and on the basis of a recommendation by the STECF, the Commission may approve projects that exceed the limits set in this paragraph.
Amendment  306 Proposal for a regulation Article 37 – paragraph 5
Text proposed by the Commission	Amendment
5. Operations consisting of testing new fishing gear or techniques shall be carried out within the limits of the fishing opportunities allocated to the Member State.	5. Operations consisting of testing new fishing gear or techniques shall be carried out within the limits of the fishing opportunities allocated to the Member State or within the quota for scientific research pursuant to Article 33(6) of Regulation (EC) No 1224/2009.

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Amendment  307 Proposal for a regulation Article 38 – paragraph 1
Text proposed by the Commission	Amendment
1. In order to stimulate the participation of fishermen in the protection and restoration of marine biodiversity and ecosystems including the services they provide in the framework of sustainable fishing activities, the EMFF may support the following operations:	1. In order to stimulate the participation of fishermen in the protection and restoration of marine biodiversity and ecosystems including the services they provide in the framework of sustainable fishing activities, the EMFF may support the following operations which have a direct effect on the activities of the fishing sector:
(a) collection of waste from the sea such as the removal of lost fishing gears and marine litter;	(a) collection, by fishermen, of waste from the sea such as the removal of lost fishing gears and marine litter;
(b) the construction or installation of static or movable facilities intended to protect and enhance marine fauna and flora;	(b) the construction, installation or modernisation of static or movable facilities that can be easily dismantled which are intended to protect and enhance marine fauna and flora and scientific studies and evaluations of such facilities;
(c) the contribution to a better management or conservation of resources;	(c) the contribution to a better management or conservation of marine biological resources;
(d) management, restoration and monitoring NATURA 2000 sites in accordance with Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and Council and European Parliament Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds, in accordance with prioritised action frameworks established pursuant to Council Directive 92/43/EEC;	(d) the identification, selection, management, restoration and monitoring of:
	(i) NATURA 2000 sites in accordance with Council Directive 92/43/EEC and Directive 2009/147/ECor in accordance with prioritised action frameworks established pursuant to Council Directive 92/43/EEC, where operations are related to fishing activities,
(e) management, restoration and monitoring of marine protected areas in view of the implementation of the spatial protection measures referred to in Article 13(4) of the European Parliament and Council Directive 2008/56/EC;	(ii) marine protected areas in view of the implementation of the spatial protection measures related to fishing activities referred to in Article 13(4) of Directive 2008/56/EC;
(f) the participation in other actions aimed at maintaining and enhancing biodiversity and ecosystem services, such as the restoration of specific marine and coastal habitats in support of sustainable fish stocks.	(e) the participation in other actions aimed at maintaining and enhancing biodiversity and ecosystem services, in connection with Union action in the field of marine environment policy and consistent with an ecosystem–based approach to fisheries management, such as the restoration of specific marine and coastal habitats in support of sustainable fish stocks, including the preparation of such actions and their scientific evaluation;
	(ea) environmental awareness involving fishermen with regard to protection and restoration of marine biodiversity.
Amendment  308 Proposal for a regulation Article 38 – paragraph 2
Text proposed by the Commission	Amendment
2. Operations under this Article shall be implemented by public law bodies and shall involve fishermen or organisations of fishermen, recognised by the Member State, or non–governmental organisation in partnership with organisations of fishermen or FLAGs as defined under Article 62.	2. Operations under this Article shall be implemented by technical or scientific public law bodies and shall involve fishermen, Advisory Councils, organisations of fishermen recognised by the Member State, or non–governmental organisation in partnership with organisations of fishermen or FLAGs as defined under Article 62

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Amendment  309 Proposal for a regulation Article 39 – title
Text proposed by the Commission	Amendment
Mitigation of climate change	Energy efficiency and reduction of capacity
Amendment  310 Proposal for a regulation Article 39 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to mitigate the effects of climate change the EMFF may support:	1. In order to improve the energy efficiency of fishing vessels, the EMFF may support:
Amendment  311 Proposal for a regulation Article 39 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) investments on board aimed at reducing the emission of polluants or green–house gases and increasing energy efficiency of fishing vessels;	(a) investments in equipment or on board, aimed at reducing the emission of polluants or green–house gases and increasing energy efficiency of fishing vessels, including the withdrawal, replacement or modernisation of main or ancillary engines, provided that the power of the new engine is at least 40 % lower than that of the engine replaced;
Amendment  312 Proposal for a regulation Article 39 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) energy efficiency audits and schemes.	(b) energy efficiency audits, advice and schemes, provided that they do not lead to an increase in fishing effort.
Amendment  313 Proposal for a regulation Article 39 – paragraph 1 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) the protection and restoration of seagrass beds and coastal wetlands which are carbon sinks of critical importance in mitigating the negative impact of climate change;
Amendment  314 Proposal for a regulation Article 39 – paragraph 1 – point b b (new)
Text proposed by the Commission	Amendment
	(bb) replacement of high energy consuming fishing gears with lower energy consuming ones, provided that changes do not result in an increase in the fishing capacity of the fishing unit and that the replaced fishing gear is confiscated and destroyed;
Amendment  315 Proposal for a regulation Article 39 – paragraph 1 – point b c (new)
Text proposed by the Commission	Amendment
	(bc) independent evaluations and audits of the energy footprint of fish products in the market place in order to allow consumers to differentiate fish products coming from fishing methods which are less energy intensive.
Amendment  316 Proposal for a regulation Article 39– paragraph 2
Text proposed by the Commission	Amendment
2. Support shall not contribute to the replacement or modernisation of main or ancillary engines. Support shall only be granted to owners of fishing vessels and not more than once during the programming period for the same fishing vessel.	2. Support shall be granted only to owners of fishing vessels and only once during the programming period for the same fishing vessel.
Amendment  317 Proposal for a regulation Article 39 – paragraph 3
Text proposed by the Commission	Amendment
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 127 in order to define the investments eligible under paragraph 1(a).	3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 127, fixing the investments eligible under paragraph 1(a) and laying down detailed rules for the application of the criteria set out in this Article.

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Amendment  318 Proposal for a regulation Article 40 – paragraph 1
Text proposed by the Commission	Amendment
1. In order to improve the quality of the fish caught the EMFF may support investments on board for this purpose.	1. In order to improve the added value and the quality of commercial catches, the EMFF may support:
	(a) investments which add value to fishing products, in particular by allowing fishermen to carry out the processing, marketing and direct sale of their own catches;
	(b) innovative investments on board which improve the quality and conservation of fishing products;
Amendment  319 Proposal for a regulation Article 40 – paragraph 2
Text proposed by the Commission	Amendment
2. In order to improve the use of unwanted catches the EMFF may support investments on board to make the best use of unwanted catches of commercial stocks and valorise underused components of fish caught, in line with Article 15 of the [Regulation on Common Fisheries Policy] and Article 8(b) of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products].	2. The EMFF may support investments on board to improve handling, storing and landing of unwanted catches, to make the best use of unwanted catches of commercial stocks and to valorise underused components of fish caught, in line with Article 15 of the [Regulation on Common Fisheries Policy] and Article 8(b) of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products].
Amendment  320 Proposal for a regulation Article 40 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. Support under paragraph 1(b) shall be conditional upon the use of selective gears to minimise unwanted catch.
Amendment  321 Proposal for a regulation Article 40 – paragraph 4
Text proposed by the Commission	Amendment
4. The support referred to in paragraph 1 shall only be granted to owners of Union fishing vessels whose vessels are which have carried a fishing activity for at least 60 days at sea during the two years preceding the date of submission of the application.	4. The support referred to in paragraph 1(b) shall only be granted to owners of Union fishing vessels whose vessels have carried out a fishing activity for at least 60 days at sea during the two calendar years preceding the date of submission of the application.

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Amendment  322 Proposal for a regulation Article 41 – paragraph 1
Text proposed by the Commission	Amendment
1. For the purpose of increasing the quality of the product landed, increasing energy efficiency, contributing to environmental protection or improving safety and working conditions, the EMFF may support investments improving fishing port infrastructure or landing sites, including investments in facilities for waste and marine litter collection.	1. The EMFF may support investments improving fishing port infrastructure or landing sites.
Amendment  323 Proposal for a regulation Article 41 – paragraph 2
Text proposed by the Commission	Amendment
2. In order to facilitate the use of unwanted catches the EMFF may support investments in fishing ports and landing sites which enable to make the best use of unwanted catches of commercial stocks and which valorise under–used components of the fish caught, in line with Article 15 of the [Regulation on Common Fisheries Policy] and Article 8(b) of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products].	2. Investments may concern:
	(a) the improvement of the quality, freshness and traceability of landed products;
	(b) the improvement of landing, processing, storage and auction conditions;
	(c) the use of unwanted catches of commercial stocks and the putting to better use of under–used components of catches, in line with Article 15 of the Regulation (EU) No …/….. [on CFP] and Article 8(b) of Regulation (EU) No …/…. [on the common organisation of the markets in fishery and aquaculture products];
	(d) energy efficiency;
	(e) environmental protection, notably the collection, storage and treatment of waste and marine litter;
	(f) the improvement of hygiene, health and safety;
	(g) the improvement of working conditions;
	(h) the supply of ice, water and electricity;
	(i) equipment for repairing and maintenance of fishing vessels;
	(j) the construction, modernisation and extension of quays to improve safety during landing or loading;
	(k) the computerised management of fishing activities;
	(l) the networking of fishing ports, landing sites and auction halls.

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Amendment  324 Proposal for a regulation Article 41 a (new)
Text proposed by the Commission	Amendment
	Article 41 a
	Protection of maritime heritage
	1. In order to support and promote traditional maritime crafts related to fisheries and to preserve or maintain operational vessels that are covered by the protection of the maritime heritage of a Member State, the EMFF may support:
	(a) training and investments for the support of traditional shipyards and traditional maritime crafts;
	(b) investments on board that aim to restore traditional wooden fishing vessels without increasing the fishing capacity of those vessels;
	(c) Investments for the safekeeping and maintenance of traditional fishing vessels that are covered by the protection of maritime heritage and that have been decommissioned.
	2. Support shall be granted only to the owners of shipyards and fishing vessels and only once during the programming period for the same fishing vessel.
	3. Member States shall ensure that vessels receiving support under paragraph 1 (b) continue to operate.
Amendment  325 Proposal for a regulation Article 42 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to reduce the impact of inland fishing on the environment, increase energy efficiency, increase the quality of fish landed, or to improve safety or working conditions, the EMFF may support the following investments:	1. In order to reduce the impact of inland fishing on the environment, to increase energy efficiency, to increase the quality of fish landed, or to improve health, safety, working conditions, human capital and training, the EMFF may support the following investments:
Amendment  326 Proposal for a regulation Article 42 – paragraph 1 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) promotion of human capital and social dialogue subject to the conditions set out in Article 31;
Amendment  327 Proposal for a regulation Article 42 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) in equipment as referred to in Article 36 and under the conditions set out in that Article;	(b) in equipment and projects as referred to in Article 36 and Article 37 and under the conditions set out in those Articles;
Amendment  328 Proposal for a regulation Article 42 – paragraph 1 – point d
Text proposed by the Commission	Amendment
(d) on existing ports and landing sites as referred to in Article 41 and under the conditions set out in that Article.	(d) on fishing ports, shelters and landing sites as referred to in Article 41 and under the conditions set out in that Article;
Amendment  329 Proposal for a regulation Article 42 – paragraph 1 – point d a (new)
Text proposed by the Commission	Amendment
	(da) improvement of the value or quality of fish caught as referred to in Article 40 and subject to the conditions set out in that Article.
Amendment  330 Proposal for a regulation Article 42 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. The EMFF may support investments relating to entrepreneurship as referred to in Article 32 and subject to the same conditions as set out in that Article.
Amendment  331 Proposal for a regulation Article 42 – paragraph 1 b (new)
Text proposed by the Commission	Amendment
	1b. The EMFF may support the development and facilitation of innovation in accordance with Article 28, the advisory services in accordance with Article 29 and partnerships between scientists and fishermen in accordance with Article 30.
Amendment  332 Proposal for a regulation Article 42 – paragraph 2 – point a
Text proposed by the Commission	Amendment
(a) References made in Articles 33, 36 and 39 to fishing vessels shall be understood as references to vessels operating exclusively in inland water;	(a) References made in Articles 33, 36, 37, 39 and 40 to fishing vessels shall be understood as references to vessels operating exclusively in inland water;
Amendment  333 Proposal for a regulation Article 42 – paragraph 2 – point b
Text proposed by the Commission	Amendment
(b) References made in Article 36 to the marine environment shall be understood as references to the environment in which the inland fishing vessel operates.	(b) References made in Article 36 to the marine environment shall be understood as references to the environment in which inland fishing is carried out.
Amendment  334 Proposal for a regulation Article 42 – paragraph 3
Text proposed by the Commission	Amendment
3. In order to sustain diversification by inland fishermen, the EMFF may support the reassignment of vessels operating in inland fishing to other activities outside fishing under the conditions of Article 32 of this Regulation.	3. In order to sustain diversification by inland fishermen, the EMFF may support the diversification of inland fishing activities complementary to other activities outside fishing subject to the conditions of Article 32 of this Regulation.
Amendment  335 Proposal for a regulation Article 42 – paragraph 5
Text proposed by the Commission	Amendment
5. In order to protect and develop aquatic fauna and flora, the EMFF may support the participation of inland fishermen in managing, restoring and monitoring NATURA 2000 sites where these areas directly concern fishing activities as well as the rehabilitation of inland waters, including spawning grounds and migration routes for migratory species, without prejudice of Article 38(1)(d).	5. In order to protect and develop aquatic fauna and flora, the EMFF may support:
	(a) without prejudice to Article 38(1)(d), the participation of inland fishermen in managing, restoring and monitoring NATURA 2000 sites where these areas directly concern fishing activities as well as the rehabilitation of inland waters, including spawning grounds and migration routes for migratory species ;
	(b) the construction, modernisation or installation of static or movable facilities intended to protect and enhance aquatic fauna and flora, including their scientific monitoring and evaluation.
Amendment  336 Proposal for a regulation Article 42 – paragraph 6
Text proposed by the Commission	Amendment
6. Member States shall ensure that vessels receiving support under this Article continue to operate exclusively in inland waters.	6. Without prejudice to paragraph 3, Member States shall ensure that vessels receiving support under this Article continue to operate exclusively in inland waters.

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Amendment  337 Proposal for a regulation Article 44 – paragraph 1
Text proposed by the Commission	Amendment
1. Support under this Chapter shall be limited to aquaculture enterprises unless otherwise expressly established.	1. Support under this Chapter shall be limited to sustainable aquaculture enterprises, including those operated by entrepreneurs entering the sector referred to in paragraph 1a, and to organisations made up of aquaculture producers and entrepreneurs, unless otherwise expressly established. Support shall not be granted to operators who have committed serious infringements of Union environmental law.
Amendment  338 Proposal for a regulation Article 44 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. For the purposes of this Article, entrepreneurs entering the sector shall submit a business plan and, where the amount of the investment exceeds EUR 150 000, a feasibility study.
Amendment  339 Proposal for a regulation Article 44 – paragraph 2
Text proposed by the Commission	Amendment
2. Where operations consist of investments in equipment or infrastructure ensuring compliance with requirements on the environment, human or animal health, hygiene or animal welfare under Union law, and entering into force after 2014, may be granted until the date on which the standards become mandatory for the enterprises.	2. Support shall be limited to investments in equipment or infrastructure which have demonstrably a lower impact on the environment or a better performance with respect to human or animal health, hygiene or animal welfare than is required under Union law.
	Support shall not be granted to aquaculture operations using exotic species or genetically modified organisms.
	Support shall not be granted to any intensive aquaculture operation in marine protected areas, fish stock recovery areas or at Natura 2000 sites.
Amendment  340 Proposal for a regulation Article 45 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to stimulate innovation in aquaculture, the EMFF may support operations:	1. In order to stimulate innovation in sustainable aquaculture, the EMFF may support projects that aim to:
(a) introducing new technical or organisational knowledge in aquaculture farms which reduces their impact on the environment or fosters a more sustainable use of resources in aquaculture;	(a) develop technical, scientific or organisational knowledge in aquaculture farms, which, in particular, reduces the impact on the environment, reduces dependence on fish meal and oil, fosters a sustainable use of resources in aquaculture or facilitates new sustainable production methods;
(b) developing or introducing in the market new or substantially improved products compared to the state of art, new or improved processes, new or improved management and organisation systems.	(b) develop or introduce in the market new or substantially improved products, new or improved processes, new or improved management and organisation systems as well as innovations or improvements in the production and processing of aquaculture products;
	(ba) explore the technical or economic feasibility of innovations, products or processes.
Amendment  341 Proposal for a regulation Article 45 – paragraph 2
Text proposed by the Commission	Amendment
2. Operations under this Article must be carried out in collaboration with a scientific or technical body as recognised by the national law of each Member State. which shall validate the results of such operations.	2. Operations under this Article shall be carried out by or in collaboration with a public or private scientific, academic or technical body as recognised by the national law of each Member State which shall validate the results of such operations.
Amendment  342 Proposal for a regulation Article 45 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. The EMFF shall provide a financial contribution for development and innovation in aquaculture, implemented under multiannual strategic plans drawn up by Member States.
Amendment  343 Proposal for a regulation Article 46 – title
Text proposed by the Commission	Amendment
Investments in off–shore and non–food aquaculture	Investments in aquaculture
Amendment  344 Proposal for a regulation Article 46 – paragraph 1
Text proposed by the Commission	Amendment
1. In order to foster forms of aquaculture with high growth potential, the EMFF may support investment in the development of off–shore or non food aquaculture.	1. In order to foster forms of sustainable aquaculture with high growth potential, the EMFF may support : –
	(a) productive investments in aquaculture, including in off–shore or non food aquaculture;
	(b) diversification of production and of the species exploited as well as studies on yield and location suitability.
Amendment  345 Proposal for a regulation Article 46 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. Support under paragraph 1 may be granted for the increase in production and/or modernisation of existing aquaculture enterprises or the construction of new ones provided that the development is consistent with the multiannual national strategic plan for the development of aquaculture.
Amendment  346 Proposal for a regulation Article 46 – paragraph 1 b (new)
Text proposed by the Commission	Amendment
	1b. Support under this Article shall be granted only where it has been clearly demonstrated in an independent marketing report that good sustainable market prospects exist for the product. The enterprises created shall be economically viable and shall not contribute to overproduction in the sector.
Amendment  347 Proposal for a regulation Article 47 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to foster entrepreneurship in aquaculture, the EMFF may support investments contributing to:	1. In order to foster entrepreneurship in sustainable aquaculture, the EMFF may support investments contributing to:
Amendment  348 Proposal for a regulation Article 47 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) adding value to aquaculture products, in particular by allowing the aquaculture enterprise to carry out the processing, marketing and direct sale of its own aquaculture production;	(a) adding value to aquaculture products, for example by supporting the aquaculture sector in carrying out the processing, marketing and direct sale of its own aquaculture production, or in establishing associations or association agreements for such processing;
Amendment  349 Proposal for a regulation Article 47 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) diversification of the income of aquaculture enterprises through the development of new aquaculture species with good market prospects;	(b) diversification of the income of the aquaculture sector through the development of new native aquaculture species in their respective areas offering added value and with good market and environmental prospects;
Amendment  350 Proposal for a regulation Article 47 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) diversification of the income of aquaculture enterprises through the development of complementary activities outside aquaculture.	(c) diversification of the income of aquaculture enterprises through the development of complementary activities.
Amendment  351 Proposal for a regulation Article 47 – paragraph 2
Text proposed by the Commission	Amendment
2. Support under paragraph 1(c) shall be granted only to aquaculture enterprises provided that the complementary activities outside aquaculture relate to the core aquaculture business of enterprise, such as angling tourism, aquaculture environmental services or educational activities on aquaculture.	2. Support under paragraph 1(c) shall be granted only to aquaculture enterprises provided that the complementary activities outside aquaculture relate to the core aquaculture production or marketing, such as angling tourism, aquaculture environmental services or educational activities on aquaculture.
Amendment  352 Proposal for a regulation Article 48 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to improve the overall performance and competitiveness of aquaculture farms, the EMFF may support:	1. In order to improve the overall performance and competitiveness of aquaculture farms and to reduce the environmental impact of their operations, the EMFF may support:
Amendment  353 Proposal for a regulation Article 48 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) the provision of farm advisory services of technical, scientific, legal or economic nature.	(b) the provision of farm advisory services of technical, scientific, legal, environmental or economic nature.
Amendment  354 Proposal for a regulation Article 48 – paragraph 2 – point d
Text proposed by the Commission	Amendment
(d) health and safety standards based on Union and national legislation;	(d) health, hygiene and safety standards based on Union and national legislation;
Amendment  355 Proposal for a regulation Article 48 – paragraph 2 – point e a (new)
Text proposed by the Commission	Amendment
	(ea) the promotion of equal opportunities, especially with regard to gender equality and the integration of disabled people;
Amendment  356 Proposal for a regulation Article 48 – paragraph 3
Text proposed by the Commission	Amendment
3. Support under paragraph (1)(a) shall only be granted to public law bodies selected to set up the farm advisory services. Support under paragraph (1)(b) shall only be granted to aquaculture SMEs or aquaculture producer's organisations.	3. Support under paragraph (1)(a) shall only be granted to public law bodies selected to set up the farm advisory services or to professional organisations recognised by the Member State. Support under paragraph (1)(b) shall only be granted to aquaculture SMEs, aquaculture professional organisations recognised by the Member State, aquaculture producer's organisations or associations of aquaculture producer organisations.
Amendment  357 Proposal for a regulation Article 48 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. When the support to be granted does not exceed EUR 4 000, the beneficiary may be selected through an accelerated procedure.
Amendment  358 Proposal for a regulation Article 48 – paragraph 4
Text proposed by the Commission	Amendment
4. Aquaculture farms shall not receive support for the advisory services more than once for each category of services covered under paragraph 2 (a) to (e) during the programming period.	deleted
Amendment  359 Proposal for a regulation Article 49 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) lifelong learning, dissemination of scientific knowledge and innovative practices and acquisition of new professional skills in aquaculture;	(a) professional training, lifelong learning, the dissemination of scientific and technical knowledge and innovative practices, the acquisition of new professional skills in aquaculture, the improvement of working conditions, the promotion of occupational safety and the reduction of the environmental impact of aquaculture operations;
Amendment  360 Proposal for a regulation Article 49 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) networking and exchange of experience and best practice among aquaculture enterprises or professional organisations and other stakeholders, including scientific bodies or those promoting equal opportunities between men and women.	(b) networking and exchange of experience and best practice among aquaculture enterprises or professional organisations and other private or public stakeholders, including scientific, technical and training bodies or those promoting equal opportunities between men and women.
Amendment  361 Proposal for a regulation Article 49 – paragraph 2
Text proposed by the Commission	Amendment
2. Support referred to in paragraph 1(a) shall not be granted to large aquaculture enterprises.	deleted
Amendment  362 Proposal for a regulation Article 50 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to contribute to the development of the aquaculture sites and infrastructures, the EMFF may support:	1. In order to contribute to the development of the aquaculture sites and infrastructures and to reduce the environmental impact of the operations, the EMFF may support:
	–
Amendment  363 Proposal for a regulation Article 50 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) identification and mapping of most suitable areas for developing aquaculture, and where applicable, taking into account maritime spatial planning processes;	(a) the identification and mapping of most suitable areas for developing sustainable aquaculture with low environmental impact, where applicable, taking into account maritime spatial planning processes, as well as follow–up actions for environmental interactions during the production phase of aquaculture activities;
Amendment  364 Proposal for a regulation Article 50 – paragraph 1 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) the identification and mapping of area, such as nursery grounds, coastal spawning areas, marine protected areas, Natura 2000 sites or fish stock recovery areas where intensive aquaculture activities should be excluded in order to maintain the role of such areas in the functioning of the ecosystem ;
Amendment  365 Proposal for a regulation Article 50 – paragraph 1 – point b
Text proposed by the Commission	Amendment
b) improvement of infrastructures of aquaculture areas including through land consolidation, energy supply or water management;	(b) the improvement and development of the support installations and infrastructures necessary for increasing the potential of aquaculture sites and decreasing the ecological footprint of aquaculture, including through investment in land consolidation, energy supply or water management;
Amendment  366 Proposal for a regulation Article 50 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) action taken and implemented by competent authorities under of Article 9(1) of Directive 2009/147/EC or Article 16(1) of Directive 92/43/EC with the aim of preventing serious damages to aquaculture.	(c) action taken by competent authorities aiming to mitigate conflicts with wild species protected under Directive 2009/147/EC or Directive 92/43/EC, with the aim of preventing serious damages to aquaculture.
Amendment  367 Proposal for a regulation Article 50 – paragraph 2
Text proposed by the Commission	Amendment
2. Beneficiaries of support under this Article shall only be public law bodies.	2. Eligibility for support under this Article shall be limited topublic law bodies or private organisations entrusted by a Member State to carry out the activities referred to in points (a), (aa) and (b) of paragraph 1.
Amendment  368 Proposal for a regulation Article 51 – title
Text proposed by the Commission	Amendment
Encouraging new aquaculture farmers	Encouraging new farmers in the sector of sustainable aquaculture and aquaculture processing
Amendment  369 Proposal for a regulation Article 51 – paragraph 1
Text proposed by the Commission	Amendment
1. In order to foster entrepreneurship in aquaculture, the EMFF may support the setting up of aquaculture enterprises by new starting farmers.	1. In order to foster entrepreneurship in aquaculture, the EMFF may support the setting up of sustainable aquaculture enterprises or cooperatives by new starting farmers, including in the related processing sector, with particular focus on young aquaculturists and gender equality.
Amendment  370 Proposal for a regulation Article 51 – paragraph 2 – introductory part
Text proposed by the Commission	Amendment
2. Support 1 shall be granted to aquaculture farmers entering the sector provided that they:	2. Support under paragraph 1 shall be granted to aquaculture farmers entering the sector provided that they:
Amendment  371 Proposal for a regulation Article 51 – paragraph 2 – point b–
Text proposed by the Commission	Amendment
(b) are setting up for the first time an aquaculture micro or small enterprise as heads of such enterprise;	(b) are setting up for the first time a micro or small enterprise in the sector of aquaculture or in the related processing sector, as heads of such enterprise;
Amendment  372 Proposal for a regulation Article 51 – paragraph 2 – point c
Text proposed by the Commission	Amendment
(c) submit a business plan for the development of their aquaculture activities.	(c) submit an economically and environmentally credible business plan for the development of their aquaculture activities, including a plan on how to minimise the ecological footprint of their activity.
Amendment  373 Proposal for a regulation Article 52 – title
Text proposed by the Commission	Amendment
Promotion of aquaculture with high level of environmental protection	Promotion of sustainable aquaculture with high level of environmental protection
Amendment  374 Proposal for a regulation Article 52 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
In order to substantially reduce the impact of aquaculture on the environment the EMFF may support investments:	In order to substantially reduce the impact of aquaculture on the environment the EMFF may support the following investments:
Amendment  375 Proposal for a regulation Article 52 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) allowing for a substantial reduction of impact of aquaculture enterprises on water, in particular through reducing the amount of water used or improving the output water quality, including through the deployment of multi–trophic aquaculture systems;	(a) allowing a substantial reduction of the impact of aquaculture enterprises on water usage and quality, in particular through reducing the amount of water or chemicals, antibiotics and other medicines used, or improving the output water quality, including through the deployment of multi–trophic aquaculture systems;
Amendment  376 Proposal for a regulation Article 52 – paragraph 1 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) promotion of closed aquaculture systems;
Amendment  377 Proposal for a regulation Article 52 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) limiting the negative impact of aquaculture enterprises on nature or biodiversity;	(b) limiting the negative impact of aquaculture enterprises on nature and promoting environmental protection and biodiversity, in particular limiting the impact on wild fish stocks, the interactions with predator species, the use of toxic chemicals and antibiotics and other environmental impacts linked to intensive aquaculture;
Amendment  378 Proposal for a regulation Article 52 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) the purchase of the equipment protecting aquaculture farms from wild predators benefitting from protection under Council and European Parliament Directive 2009/147/EEC and Council Directive 92/43/EC;	(c) the purchase of equipment protecting aquaculture farms from wild predators;
Amendment  379 Proposal for a regulation Article 52 – paragraph 1 – point e
Text proposed by the Commission	Amendment
(e) the restoration of existing aquaculture ponds or lagoons through removal of silt, or possible measures aimed at the prevention of silt deposition.	(e) the restoration of estuaries, existing aquaculture ponds or lagoons and connected habitats through removal of silt or prevention of silt deposition.
Amendment  380 Proposal for a regulation Article 53 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to promote the development of organic or energy efficient aquaculture, the EMFF may support:	1. In order to promote the development of organic or more energy efficient aquaculture, the EMFF may support:
Amendment  381 Proposal for a regulation Article 53 – paragraph 1 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) the conversion of operations for the farming of carnivorous species into operations for the farming of herbivorous species which do not rely for feeding on fresh, wild, marine or freshwater fish, fishmeal or fish oil products;
Amendment  382 Proposal for a regulation Article 53 – paragraph 1 – point a b (new)
Text proposed by the Commission	Amendment
	(ab) promotion of closed system aquaculture where fish and other aquatic products are farmed in closed recirculation systems, minimizing water use.
Amendment  383 Proposal for a regulation Article 53 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) the participation in the Union eco–management and audit schemes established by Regulation (EC) No 761/2001 of the European parliament and of the council of 19 March 2001 allowing voluntary participation by organisations in a Community eco–management and audit scheme (EMAS).	(b) the participation in the Union eco–management and audit schemes such as those established by Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco–management and audit scheme (EMAS) or participation in nationally recognised environmental management schemes;
Amendment  384 Proposal for a regulation Article 53 – paragraph 2
Text proposed by the Commission	Amendment
2. Support shall only be granted to beneficiaries who commit themselves for a minimum of 3 years to participate in the EMAS or for a minimum of 5 years to comply with the requirements of organic production.	2. Support shall only be granted to beneficiaries who commit themselves for a minimum of five years to participate in the EMAS or for a minimum of five years to comply with the requirements of organic production.
Amendment  385 Proposal for a regulation Article 53 – paragraph 3
Text proposed by the Commission	Amendment
3. Support shall take the form of compensation for a maximum of two years during the period of the conversion of the enterprise to organic production or during the preparation for participation in the EMAS scheme.	3. Support shall take the form of compensation for a maximum of five years during the period of the conversion of the enterprise to organic production or during the preparation for participation in the EMAS scheme.
Amendment  386 Proposal for a regulation Article 53 – paragraph 4 – point a
Text proposed by the Commission	Amendment
(a) the loss of revenue or additional costs incurred during the period of transition from conventional into organic production for operations eligible under paragraph 1(a) of this Article;	(a) the loss of revenue or additional costs incurred during the period of transition from conventional into organic production or the maintenance of organic production for operations eligible under paragraph 1(a) of this Article;
Amendment  387 Proposal for a regulation Article 54 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to foster the development of aquaculture providing environmental services, the EMFF may support:	1. In order to foster the development of sustainable aquaculture providing environmental services, the EMFF may support:
Amendment  388 Proposal for a regulation Article 54 –paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) aquaculture methods compatible with specific environmental needs and subject to specific management requirements resulting from the designation of NATURA 2000 areas in accordance with Council Directive 92/43/EEC and Council and European Parliament Directive 2009/147/EC;	(a) extensive and semi–intensive aquaculture methods compatible with specific environmental needs and subject to specific management requirements resulting from the designation of NATURA 2000 areas in accordance with Council Directive 92/43/EEC and Directive 2009/147/EC;
Amendment  389 Proposal for a regulation Article 54 –paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) participation in ex–situ conservation and reproduction of aquatic animals, within the framework of conservation and biodiversity restoration programmes developed by public authorities, or under their supervision;	(b) the costs directly related to participation in ex–situ conservation and reproduction of aquatic animals, within the framework of conservation and biodiversity restoration programmes developed by public authorities, or under their supervision;
Amendment  390 Proposal for a regulation Article 54 –paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) forms of extensive aquaculture including conservation and improvement of the environment, biodiversity, and management of the landscape and traditional features of aquaculture zones.	(c) forms of extensive and semi–intensive aquaculture, both in coastal zones and in inland waters, including conservation and improvement of the environment, biodiversity, and management of the landscape and traditional features of aquaculture zones.
Amendment  391 Proposal for a regulation Article 54 –paragraph 2
Text proposed by the Commission	Amendment
2. Support under paragraph 1 (a) shall take the form of annual compensation for the additional costs incurred or income foregone resulting from management requirements in the areas concerned, related to the implementation of Council Directive 92/43/EEC or Council and European Parliament Directive 2009/147/EC.	2. Support under paragraph 1(a) shall take the form of annual compensation for the additional costs incurred and/or income foregone resulting from management requirements in the areas concerned, related to the implementation of Council Directive 92/43/EEC or Council and European Parliament Directive 2009/147/EC.
Amendment  392 Proposal for a regulation Article 54 – paragraph 4
Text proposed by the Commission	Amendment
4. Support provided under paragraph 1 (c) shall take the form of annual compensation for the additional costs incurred.	4. Support provided under paragraph 1(c) shall take the form of annual compensation for the additional costs incurred and compensation for losses caused to aquaculture stocks by protected species, on the condition that protection measures have been taken.
Amendment  393 Proposal for a regulation Article 55 – paragraph 1
Text proposed by the Commission	Amendment
1. The EMFF shall support compensation to mollusc farmers for the temporary suspension of harvesting of farmed molluscs exclusively for reasons of public health.	1. The EMFF may support compensation to mollusc farmers for the temporary suspension of harvesting of farmed molluscs exclusively for reasons of public health.
Amendment  394 Proposal for a regulation Article 55 – paragraph 2 – point a
Text proposed by the Commission	Amendment
(a) it lasts for more than four months consecutively; or	(a) it lasts for one month; or
Amendment  395 Proposal for a regulation Article 55 – paragraph 2 – point b
Text proposed by the Commission	Amendment
(b) the loss, resulting from the suspension of the harvest, amounts to more than 35 % of the annual turnover of the business concerned, calculated on the basis of the average turnover of the business over the preceding three years.	(b) the loss, resulting from the suspension of the harvest, amounts to more than 15 % of the annual turnover of the business concerned, calculated on the basis of the average turnover of the business over the preceding three years, or, when the company has a lower implementation period, in the prior activity period. Member States may establish special calculation rules for use in respect of companies with less than one year of activity.
Amendment  396 Proposal for a regulation Article 55 – paragraph 3
Text proposed by the Commission	Amendment
3. The duration for which compensation may be granted shall be of maximum 12 months over the entire programming period.	deleted
Amendment  397 Proposal for a regulation Article 56 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. In order to foster animal health and welfare in aquaculture enterprises, particularly in terms of prevention and bio–security, the EMFF may support:	1. In order to foster animal health and welfare in aquaculture enterprises, particularly in terms of prevention and bio–security, the EMFF may support aquaculture farms and professional aquaculture organisations in respect of the following operations:
Amendment  398 Proposal for a regulation Article 56 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) the control and eradication of diseases in aquaculture under the terms of Council Decision 2009/470/EC on expenditure in the veterinary field;	(a) the costs of control and eradication of diseases in aquaculture under the terms of Council Decision 2009/470/EC on expenditure in the veterinary field, including the necessary operating costs to fulfil the obligations laid down in an eradication plan;
Amendment  399 Proposal for a regulation Article 56 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) the development of general and species specific best practices or codes of conducts on bio–security or on animal welfare needs in aquaculture;	(b) the development of general and species specific best practices or codes of conducts on bio–security, animal health and animal welfare needs in aquaculture;
Amendment  400 Proposal for a regulation Article 56 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) increasing the availability of veterinary medicines for its use in aquaculture and promoting appropriate use of such medicines through the commissioning of pharmaceutical studies and the dissemination and exchange of information.	(c) initiatives aimed at reducing the dependence of aquaculture on veterinary medicines;
Amendment  401 Proposal for a regulation Article 56 – paragraph 1 – c a (new)
Text proposed by the Commission	Amendment
	(ca) the establishment and operation of health protection groups in the aquaculture sector as recognised by Member States.
Amendment  402 Proposal for a regulation Article 57 – paragraph 1 - introductory part
Text proposed by the Commission	Amendment
1. In order to safeguard the income of aquaculture producers the EMFF may support the contribution to an aquaculture stock insurance which shall cover the losses due to:	1. In order to safeguard the income of aquaculture producers the EMFF may support the contribution to an aquaculture stock insurance or a mutual fund recognised by a Member State which shall cover the losses due to at least one of the following:
Amendment  403 Proposal for a regulation Article 57 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) natural disasters;	(a) natural disasters or extensive pollution of the marine environment;
Amendment  404 Proposal for a regulation Article 57 – paragraph 1 point c
Text proposed by the Commission	Amendment
(c) sudden water quality changes;	(c) sudden water quality and quantity changes;
Amendment  405 Proposal for a regulation Article 57 – paragraph 1 point d
Text proposed by the Commission	Amendment
(d) diseases in aquaculture or destruction of production facilities.	(d) diseases in aquaculture, predation, mechanical failures or destruction of production facilities, for which the operator is not responsible;
Amendment  406 Proposal for a regulation Article 57 – paragraph 1 point d a (new)
Text proposed by the Commission	Amendment
	(da) severe damage to facilities caused by wild animals, including infestation of aquaculture farms by invasive species;
Amendment  407 Proposal for a regulation Article 57 – paragraph 1 – point d b (new)
Text proposed by the Commission	Amendment
	(db) environmental pollution caused by an incident external to the aquaculture farm;
Amendment  408 Proposal for a regulation Article 57 – paragraph 1 – point d c (new)
Text proposed by the Commission	Amendment
	(dc) collection and destruction of animals that have died on the farm as a result of natural causes or farm accidents for which the operator is not responsible, or have been slaughtered and buried on the farm itself for animal health reasons with prior authorisation by the relevant authorities.
Amendment  409 Proposal for a regulation Article 57 – paragraph 2 –subparagraph 1
Text proposed by the Commission	Amendment
2. The occurrence of an adverse climatic event or the outbreak of disease in aquaculture shall be formally recognised as such by the Member State concerned.	2. The occurrence of an adverse climatic event, disease, extensive pollution or any of the relevant circumstances provided for in paragraph 1 in aquaculture shall be formally recognised as such by the Member State concerned.
Amendment  410 Proposal for a regulation Article 57 – paragraph 3
Text proposed by the Commission	Amendment
3. Support shall only be granted for aquaculture stock insurance contracts which cover economic losses under paragraph 1 exceeding 30% of the average annual production of the aquaculture farmer.	3. Support shall only be granted for aquaculture stock insurance contracts or mutual funds which cover economic losses under paragraph 1 exceeding 25 % of the average annual production of the aquaculture farmer.
Amendment  411 Proposal for a regulation Article 58
Text proposed by the Commission	Amendment
The EMFF shall support the sustainable development of fisheries areas following a community–led local development approach as set out in Article 28 of the [Regulation (EU) No [...] laying down Common Provisions].	The EMFF shall support the sustainable development of fisheries and aquaculture areas following a community–led local development approach as set out in Article 28 of the [Regulation (EU) No [...] laying down Common Provisions].
Amendment  412 Proposal for a regulation Article 59 – paragraph 1
Text proposed by the Commission	Amendment
Financial support under this Chapter shall contribute to the achievement of the Union priorities identified in Article 6(1).	Financial support under this Chapter shall contribute to the achievement of the Union priorities identified in Article 6(1), (2) and (3).
Justification
Fisheries areas are very important in the development of sustainable aquaculture and moreover have a big role to play in organizing innovation. We have numerous examples of regions being the driver of innovation in coastal areas, and when it comes to aquaculture the role of the region is crucial because of their responsibilities when it comes to spatial planning.
Amendment  413 Proposal for a regulation Title 5 – chapter 3 – section 2 – title
Text proposed by the Commission	Amendment
Fisheries areas, local partnerships and local development strategies	Fisheries and aquaculture areas, local partnerships and local development strategies

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Amendment  414 Proposal for a regulation Article 60 – title
Text proposed by the Commission	Amendment
Fisheries areas	Fisheries and aquaculture areas
Amendment  415 Proposal for a regulation Article 60 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. A fisheries area eligible for support shall be:	1. In order for an area to qualify as an area eligible for support, it shall be either a sea–fishing area, an inland fishing area or an aquaculture area. It shall be functionally coherent in geographical, biological, economic and social terms, taking specific account of the fisheries, aquaculture and related activities, and shall offer sufficient critical mass in terms of human, financial end economic resources to support a viable local development strategy.
Amendment  416 Proposal for a regulation Article 60 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) limited in size and, as a general rule, shall be smaller than NUTS level 3 of the common classification of territorial units for statistics within the meaning of Regulation (EC) No 1059/2003 of 26 May 2003 of the European Parliament and of the Council of 23 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS); and	deleted
Amendment  417 Proposal for a regulation Article 60 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) functionally coherent in geographical, economic and social terms, taking specific account of the fisheries and aquaculture sectors and offer sufficient critical mass in terms of human, financial end economic resources to support a viable local development strategy.	deleted

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Amendment  418 Proposal for a regulation Article 61 – paragraph 1
Text proposed by the Commission	Amendment
1. For the purposes of the EMFF, the integrated local development strategy referred to in Article 28(1)(c) of [Regulation (EU) No […] laying down Common Provisions] shall be based on the interaction between actors and projects of different sectors of the local economy, in particular the fisheries and aquaculture sectors;	1. For the purposes of the EMFF, the integrated local development strategy referred to in Article 28(1)(c) of [Regulation (EU) No […] laying down Common Provisions] shall be based on interaction and consultations between actors and projects of the fisheries and aquaculture sectors, as well as other sectors of the local economy. In this regard, Advisory Councils shall be consulted.
Amendment  419 Proposal for a regulation Article 61 – paragraph 2 – point a
Text proposed by the Commission	Amendment
(a) maximise the participation of the fisheries and aquaculture sectors in the sustainable development of coastal and inland fisheries areas;	(a) maximise the participation of the fisheries and aquaculture sectors in the sustainable development of coastal and inland fisheries and aquaculture areas;
Amendment  420 Proposal for a regulation Article 61 – paragraph 2 – point b
Text proposed by the Commission	Amendment
(b) ensure that local communities fully exploit and benefit from the opportunities offered by maritime and coastal development.	(b) ensure that local communities fully exploit and benefit from the opportunities offered by maritime, coastal and inland water development and, in particular, help small and declining fishing ports to maximise their marine potential by developing a diversified infrastructure.
Amendment  421 Proposal for a regulation Article 61 – paragraph 3
Text proposed by the Commission	Amendment
3. The strategy must be coherent with the opportunities and needs identified in the area and the Union priorities for the EMFF. Strategies may range from those which focus on fisheries to broader strategies directed at the diversification of fisheries areas. The strategy shall go beyond a mere collection of operations or juxtaposition of sectoral measures.	3. The strategy must be coherent with the opportunities and needs identified in the area and the Union priorities for the EMFF. Strategies shall focus mainly on fisheries or aquaculture, although they may be broader, directed at the diversification of fisheries and aquaculture areas. The strategy shall go beyond a mere collection of operations or juxtaposition of sectoral measures.
Amendment  422 Proposal for a regulation Article 61 – paragraph 5
Text proposed by the Commission	Amendment
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 127 concerning the content of the action plan referred to in Article 29(1)(e) of the [Regulation (EU) No […] laying down Common Provisions].	5. The integrated local development strategy shall include an action plan referred to in Article 29(1)(e) of the [Regulation (EU) No […] laying down Common Provisions]. The action plan shall set out, inter alia, the list of actions envisaged for implementing the strategy and, for each action, it shall specify the objectives of that action, the eligible expenditure, the admissible beneficiaries, the financial envelope related to associated public funds, the criteria for selecting operations and the performance indicators.
Amendment  423 Proposal for a regulation Article 62 – paragraph 3 – point b
Text proposed by the Commission	Amendment
(b) ensure a significant representation of fisheries and aquaculture sectors.	(b) ensure that a majority of representatives come from the fisheries and/or the aquaculture sectors.
Amendment  424 Proposal for a regulation Article 62 – paragraph 4
Text proposed by the Commission	Amendment
4. If the local development strategy is supported by other Funds in addition to the EMFF a specific selection body for EMFF supported projects shall be established according to the criteria set out in paragraph (3).	4. If the local development strategy is supported by other Funds in addition to the EMFF, the selection body of the FLAG for EMFF supported projects shall fulfil the requirements set out in paragraph (3).
Amendment  425 Proposal for a regulation Article 62 – paragraph 7
Text proposed by the Commission	Amendment
7. The respective roles of the FLAG, the managing authority for all implementation tasks relating to the strategy shall be clearly described in the operational programme.	7. The respective roles of the FLAG, the managing authority and, where this differs from the managing authority, the implementing authority, for all implementation tasks relating to the strategy, shall be clearly described in the operational programme.

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Amendment  426 Proposal for a regulation Article 63 – paragraph 1
Text proposed by the Commission	Amendment
1. The operations eligible under this Section are set out in Article 31 of the [Regulation (EU) No […] laying down Common Provisions].	1. The operations and costs eligible under this Section are set out in Article 31 of the [Regulation (EU) No […] laying down Common Provisions].
Amendment  427 Proposal for a regulation Article 64 – paragraph 1
Text proposed by the Commission	Amendment
1. Preparatory support shall cover capacity building, training and networking with a view to preparing and implementing a local development strategy.	1. Preparatory support shall cover capacity building, consultation, training and networking with a view to preparing and implementing a local development strategy.
Amendment  428 Proposal for a regulation Article 65 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) adding value, creating jobs, and promoting innovation at all stages of the fisheries and aquaculture supply chain;	(a) adding value, creating jobs, attracting young people and promoting innovation at all stages of the fisheries, aquaculture and processing supply chain;
Amendment  429 Proposal for a regulation Article 65 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) supporting diversification and job creation in fisheries areas, in particular in other maritime sectors;	(b) supporting diversification and job creation in fisheries and aquaculture areas, including diversification into maritime activities that complement fisheries and aquaculture activities;
Amendment  430 Proposal for a regulation Article 65 – paragraph 1 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) strengthening training and improving working conditions in fisheries and aquaculture areas;
Amendment  431 Proposal for a regulation Article 65 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) enhancing and capitalising on the environmental assets of the fisheries areas including operations to mitigate climate change;	(c) enhancing and capitalising on the environmental assets of the fisheries and aquaculture areas including operations to maintain biodiversity, to improve management of the coastal zone and to mitigate climate change;
Amendment  432 Proposal for a regulation Article 65 – paragraph 1 – point d
Text proposed by the Commission	Amendment
(d) promoting social well being and cultural heritage in fisheries areas including maritime cultural heritage;	(d) promoting social well being and cultural heritage in fisheries and aquaculture areas including fisheries and maritime cultural heritage;
Amendment  433 Proposal for a regulation Article 65 – paragraph 2
Text proposed by the Commission	Amendment
2. The support given may include measures provided for Chapters I and II of this Title, provided there is a clear rational for their management at local level. When assistance is granted for operations corresponding to these measures, the relevant conditions and the scales of contribution per operation laid down in Chapters I and II of this Title shall apply.	2. The support given may include measures provided for in Chapters I, II and IV of this Title, provided there is a clear rational for their management at local level. When assistance is granted for operations corresponding to these measures, the relevant conditions and the scales of contribution per operation laid down in Chapters I, II and IV of this Title shall apply.

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Amendment  434 Proposal for a regulation Article 66 – paragraph 2
Text proposed by the Commission	Amendment
2. Apart from other FLAGs, the partners of a FLAG under the EMFF may be a local public–private partnership that is implementing a local development strategy within or outside the Union.	2. For the purposes of this Article, apart from other FLAGs, the partners of a FLAG under the EMFF may be the participants in a cooperation project with a non–FLAG territory based on a local public–private partnership that is implementing a local development strategy within or outside the Union.
Amendment  435 Proposal for a regulation Article 66 – paragraph 3
Text proposed by the Commission	Amendment
3. In cases where co–operation projects are not selected by the FLAGs, Member States shall establish a system of ongoing application for cooperation projects. They shall make public the national or regional administrative procedures concerning the selection of transnational cooperation projects and a list of eligible costs at the latest two years after the date of approval of their operational programme.	3. In cases where co–operation projects are not selected by the FLAGs, Member States shall establish a system of ongoing applications for cooperation projects. They shall make public the national or regional administrative procedures concerning the selection of transnational cooperation projects and a list of eligible costs at the latest two years after the date of approval of their operational programme. Advisory Councils may, due to their transnational character, be involved in that system of on-going applications.
Amendment  436 Proposal for a regulation Article 66 – paragraph 4
Text proposed by the Commission	Amendment
4. Approval of cooperation projects shall take place no later than four months after the date of submission of the project.	4. Administrative decisions concerning cooperation projects shall take place no later than four months after the date of submission of the project.
Amendment  437 Proposal for a regulation Article 68
Text proposed by the Commission	Amendment
Support under this Chapter shall contribute to achieve the specific objectives of Chapter I and Chapter II of this Title.	Support under this Chapter shall contribute to:
	(a) the achievement of the specific objectives of Chapter I and Chapter II of this Title.
	(b) the improvement of the competitiveness of the processing and marketing of fisheries and aquaculture products.
	(c) the improvement of food safety and product quality.
	(d) the development, production and marketing of new products and the use of new technologies and innovative production methods.
	(e) reducing the negative impact on the environment and increase energy efficiency.
	(f) a better use of minor species, of by–products and of waste.
	(g) the development, production and marketing of new products and the use of new technologies and innovative production methods.
	(h) the improvement of working conditions and worker training.
	(i) the opening and development of new markets.

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Amendment  438 Proposal for a regulation Article 69 – paragraph 1
Text proposed by the Commission	Amendment
1. The EMFF may support the preparation and implementation of production and marketing plans referred to in Article 32 of [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products].	1. The EMFF shall support the preparation and implementation of production and marketing plans referred to in Article 32 of [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products].
Amendment  439 Proposal for a regulation Article 70 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. The EMFF may support compensation to recognised producer organisations and associations of producers organisations which store fishery products listed in Annex II of Regulation No. [ on the common organisation of the market in fishery and aquaculture products], provided that the products are stored in conformity with Articles 35 and 36 of Regulation No …[on the common organisation of the markets in fishery and aquaculture products]:	1. The EMFF may co–finance a compensation to recognised producer organisations and associations of producers organisations which store fishery and aquaculture products listed in Annex II to Regulation No. [ on the common organisation of the market in fishery and aquaculture products], provided that the products are stored in conformity with Articles 35 and 36 of that Regulation:
Amendment  440 Proposal for a regulation Article 70 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) the amount of the storage aid shall not exceed the amount of the technical and financial costs of the actions required for the stabilisation and storage of the products in question;	(a) the amount of the storage aid shall not exceed the amount of the technical and financial costs of the actions required for the stabilisation, preparation and storage of the products in question;
Amendment  441 Proposal for a regulation Article 70 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) the financial assistance per year shall not exceed the following percentages of the average annual value of the marketed production at first sale of the members of producer organisation in the period 2009–2011. In the case that members of producer organisation did not have any marketed production in 2009–2011, the average annual value of marketed production in the first three years of production of such member shall be taken into account:	(c) the financial assistance per year shall not exceed 5 % of the average annual value of the marketed production at first sale of the members of producer organisation in the period 2009–2011. In the case that members of producer organisation did not have any marketed production in 2009–2011, the average annual value of marketed production in the first three years of production of such member shall be taken into account.
– 1 % in 2014
– 0,8 % in 2015
– 0,6 % in 2016
– 0,4 % in 2017
– 0,2 % in 2018.
Amendment  442 Proposal for a regulation Article 70 – paragraph 2
Text proposed by the Commission	Amendment
2. By 2019 support referred to in paragraph 1 shall be phased out.	deleted

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Amendment  443 Proposal for a regulation Article 71 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. The EMFF may support marketing measures for fishery and aquaculture products which aim at:	1. The EMFF may support marketing measures for fishery, aquaculture and inland fishery products which aim at:
Amendment  444 Proposal for a regulation Article 71 – paragraph 1 – point a – introductory part
Text proposed by the Commission	Amendment
(a) improving the conditions for the placing on the market of:	(a) finding new markets and improving the conditions for the placing on the market of fishery and aquaculture species, including:
Amendment  445 Proposal for a regulation Article 71 – paragraph 1 – point a – point i a (new)
Text proposed by the Commission	Amendment
	(ia) products marketed by organisations of fishermen, by their associations and via auction halls;
Amendment  446 Proposal for a regulation Article 71 – paragraph 1 – point a – point ii
Text proposed by the Commission	Amendment
(ii) unwanted catches landed in conformity with Article 15 of [Regulation on the Common Fisheries Policy] and Article 8 (b) second indent of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products];	(ii) unwanted catches landed from commercial stocks in conformity with technical measures, Article 15 of [Regulation on the Common Fisheries Policy] and Article 8 (b) second indent of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products];
Amendment  447 Proposal for a regulation Article 71 – paragraph 1 – point a – point iii
Text proposed by the Commission	Amendment
(iii) products obtained using methods with low impact on the environment or organic aquaculture products as defined in Council Regulation(EC) No 834/2007 on organic production.	(iii) fisheries or aquaculture products obtained using methods with low impact on the environment, or organic aquaculture products as defined in Council Regulation(EC) No 834/2007 on organic production or in closed aquaculture systems;
Amendment  448 Proposal for a regulation Article 71 – paragraph 1 – point a – point iii a (new)
Text proposed by the Commission	Amendment
	(iiia) local and seasonal products, including products covered by Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs;
Amendment  449 Proposal for a regulation Article 71 – paragraph 1 – point a – point iii b (new)
Text proposed by the Commission	Amendment
	(iiib) new or upgraded products.
Amendment  450 Proposal for a regulation Article 71 – paragraph 1 – point b – introductory part
Text proposed by the Commission	Amendment
(b) promoting the quality by facilitating:	(b) promoting quality and added value by facilitating:
Amendment  451 Proposal for a regulation Article 71 – paragraph 1 – point b – point ii
Text proposed by the Commission	Amendment
(ii) certification and promotion including of sustainable fishery and aquaculture products and of environmentally friendly processing methods;	(ii) the certification of quality and the promotion and creation of specific labelling with regard to sustainable fishery and aquaculture products, –small scale coastal fishing products, local and seasonal products and environmentally friendly processing methods;
Amendment  452 Proposal for a regulation Article 71 – paragraph 1 – point b – point ii a (new)
Text proposed by the Commission	Amendment
	(iia) the traceability of fishery and aquaculture products, including the development of a Union–wide ecolabel for fisheries and aquaculture products;
Amendment  453 Proposal for a regulation Article 71 – paragraph 1 – point b – point ii b (new)
Text proposed by the Commission	Amendment
	(iib) innovative processes and methods;
Amendment  454 Proposal for a regulation Article 71 – paragraph 1 – point b – point iii
Text proposed by the Commission	Amendment
(iii) direct marketing of fishery products by small scale coastal fishermen.	(iii) direct marketing of fishery products by small scale coastal fishermen and on–foot fishermen;
Amendment  455 Proposal for a regulation Article 71 – paragraph 1 – point b – point iii a (new)
Text proposed by the Commission	Amendment
	(iiia) presentation and packaging of products;
Amendment  456 Proposal for a regulation Article 71 – paragraph 1 – point b – point iii b (new)
Text proposed by the Commission	Amendment
	(iiib) achievement of the compliance and certification requirements for products covered by Regulation (EC) 510/2006 by producers, processors and developers to which the control and certification systems apply.
Amendment  457 Proposal for a regulation Article 71 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) contributing to the transparency of production and the markets and conducting market surveys;	(c) contributing to the transparency of production and the markets and conducting market surveys and studies on the Union's trade dependency ;
Amendment  458 Proposal for a regulation Article 71 – paragraph 1 – point e
Text proposed by the Commission	Amendment
(e) creating producers' organisations, associations of producer organisations or inter–branch organisations recognised under Chapter II, Section III of Regulation [on the Common Organisation of the markets in fisheries and aquaculture products];	(e) creating and merging producers' organisations, associations of producer organisations or inter–branch organisations recognised under Chapter II, Section III of Regulation [on the Common Organisation of the markets in fisheries and aquaculture products] in order to foster their role in the management of fisheries and marketing measures;
Amendment  459 Proposal for a regulation Article 71 – paragraph 1 – point f
Text proposed by the Commission	Amendment
(f) conducting regional, national or transnational promotional campaigns for fishery and aquaculture products.	(f) conducting regional, national or transnational promotional campaigns, including exhibitions and media campaigns, for environmentally sustainable fishery and aquaculture products.

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Amendment  460 Proposal for a regulation Article 72 – paragraph 1 – point –-a (new)
Text proposed by the Commission	Amendment
	(–-a) for innovation in order to develop new products with greater quality and added value, new or improved processes and in new or improved management and organisational systems;
Amendment  461 Proposal for a regulation Article 72 – paragraph 1 – point –b (new)
Text proposed by the Commission	Amendment
	(–b) increasing the added value of products;
Amendment  462 Proposal for a regulation Article 72 – paragraph 1 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) improving safety, hygiene, health and working conditions;
Amendment  463 Proposal for a regulation Article 72 – paragraph 1 – point d
Text proposed by the Commission	Amendment
(d) for the processing of organic aquaculture products as regulated in Article 6 and 7 of Council Regulation(EC) No 834/2007.	(d) for the processing of sustainable aquaculture products and of organic aquaculture products as regulated in Article 6 and 7 of Council Regulation(EC) No 834/2007.
Amendment  464 Proposal for a regulation Article 72 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. The EMFF may support companies, associations and technology centres representing the processing sector to develope research and innovation activities related to those referred to in paragraph 1.

––

Amendment  465 Proposal for a regulation Article 73 – paragraph 1
Text proposed by the Commission	Amendment
1. The EMFF may support the compensation regime introduced by Council Regulation (EC) No 791/2007 for the additional costs incurred by the operators in the fishing, farming and marketing of certain fishery and aquaculture products from the Azores, Madeira, the Canary Islands, French Guiana, and Réunion.	1. The EMFF shall support the compensation scheme introduced pursuant to Article 349 TFEU by Council Regulation (EC) No 791/2007 to compensate for the additional costs incurred by the operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions . That scheme shall apply to all additional costs incurred by operators engaged in the activities referred to in this paragraph.
Amendment  466 Proposal for a regulation Article 73 – paragraph 2
Text proposed by the Commission	Amendment
2. Each Member State concerned shall determine for the regions referred to in paragraph 1 the list of fishery and aquaculture products and the quantity of those products eligible for the compensation.	2. Each Member State concerned shall determine, for the regions referred to in paragraph 1, the list of additional costs incurred by operators engaged in the activities referred to in paragraph 1. It shall also draw up the list of fishery and aquaculture products and the quantity of those products eligible for the compensation.
Amendment  467 Proposal for a regulation Article 73 – paragraph 3
Text proposed by the Commission	Amendment
3. When establishing the list and the quantities referred to in paragraph 2, Member States shall take into account all the relevant factors, in particular the need to ensure that the compensation is fully compatible with the rules of the CFP.	3. When establishing the list and the quantities referred to in paragraph 2, Member States shall take into account all the relevant factors, in particular the need to ensure that the compensation is fully compatible with the rules of the CFP and that the fishing capacity of the fleets concerned is commensurate with the fishing opportunities that are available .
Amendment  468 Proposal for a regulation Article 73 – paragraph 4 – point c a (new)
Text proposed by the Commission	Amendment
	(ca) obtained by IUU fishing.
Amendment  469 Proposal for a regulation Article 73 – paragraph 5 a (new)
Text proposed by the Commission	Amendment
	5a. The following operators who incur additional costs in the marketing of fishery products shall be eligible for compensation:
	(a) natural or legal persons using means of production to obtain fishery or aquaculture products with a view to placing them on the market;
	(b) the owners or operators of vessels that are registered in the ports of the regions referred to in paragraph 1 and that are operating in those regions, or associations of such owners or operators;
	(c) the operators in the processing and marketing sector or associations of such operators.
Amendment  470 Proposal for a regulation Article 73 a (new)
Text proposed by the Commission	Amendment
	Article 73a
	Operators
	1. Compensation shall be paid to operators carrying out fishing and aquaculture activities in the regions concerned.
	2. The Member States concerned shall take the measures necessary to ensure that operators receiving the compensation remain economically viable.
Amendment  471 Proposal for a regulation Article 74 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) for each fishery or aquaculture product the additional costs resulting from the specific handicaps of the regions concerned, and	(a) for each fishery or aquaculture product or category of product the additional costs resulting from the specific handicaps of the regions concerned, and
Amendment  472 Proposal for a regulation Article 74 – paragraph 1 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) any other support that the beneficiary continues to receive or has received for his activity.
Amendment  473 Proposal for a regulation Article 75 – paragraph 1
Text proposed by the Commission	Amendment
1. The Member States concerned shall submit to the Commission a compensation plan for each region concerned including the list and quantities referred to in Article 73, the level of compensation referred to in Article 74 and the competent authority as laid down in Article 99.	1. The Member States concerned shall submit to the Commission a compensation plan for each region concerned including the list and quantities and the type of operators referred to in Article 73, the level of compensation referred to in Article 74 and the competent authority as laid down in Article 99.
Amendment  474 Proposal for a regulation Article 75 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. Member States may amend the content of the compensation plan referred to in paragraph 1. Such amendments shall be submitted to the Commission.
Amendment  475 Proposal for a regulation Article 75 – paragraph 2
Text proposed by the Commission	Amendment
2. The Commission shall be empowered to adopt delegated acts in accordance to Article 127 in order to define the content of the compensation plan, including the criteria for the calculation of the additional costs resulting from the specific handicaps of the regions concerned.	2. The Commission shall be empowered to adopt delegated acts, in accordance with Article 127, laying down the content of the compensation plan, including the criteria for the calculation of the additional costs resulting from the specific handicaps of the regions concerned.
Amendment  476 Proposal for a regulation Article 75 a (new)
Text proposed by the Commission	Amendment
	Article 75a
	State aid
	1. By way of derogation from Article 8, the Commission may authorise, in accordance with Article 108 TFEU, operating aid in the sectors producing, processing and marketing fishing and aquaculture products, with a view to alleviating the specific constraints in the outermost regions as a result of their isolation, insularity and extreme remoteness.
	2. Member States may grant additional financing for the implementation of the compensation plans referred to in Article 75. In such cases, the Member States shall notify the Commission of the State aid which the Commission may approve in accordance with this Regulation as part of those plans. State aid has has been notified in accordance with this paragraph shall also be deemed to be notified within the meaning of the first sentence of Article 108(3) TFEU.
Amendment  477 Proposal for a regulation Article 78 – paragraph 1
Text proposed by the Commission	Amendment
1. The EMFF may support the implementation of a Union control, inspection and enforcement system as provided for in Article 46 of the [Regulation on the Common Fisheries Policy] and specified in Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the Common Fisheries Policy.	1. The EMFF may support the implementation of a Union control, inspection and enforcement system as provided for in Article 46 of the [Regulation on the Common Fisheries Policy] and specified in Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the Common Fisheries Policy, as well as the installation of the components that are necessary to ensure the traceability of fisheries products pursuant to Article 58 of Council Regulation (EC) No 1224/2009. Such a system should result in a number of controls based on the size of fleets in different Member States.
Amendment  478 Proposal for a regulation Article 78 – paragraph 2 – point a
Text proposed by the Commission	Amendment
(a) purchase or development of technology, including hardware and software, vessel detection systems (VDS), CCTV systems and IT networks enabling the gathering, administration, validation, analysis and exchange of, and the development of sampling methods for, data related to fisheries, as well as interconnection to cross–sectoral data exchange systems;	(a) purchase, installation and development of technology, including hardware and software, vessel detection systems (VDS), CCTV systems and IT networks enabling the gathering, administration, validation, analysis, risk management, submission and exchange of, and the development of sampling methods for, data related to fisheries, as well as interconnection to cross–sectoral data exchange systems, on condition that such operations respect individual freedoms and ensure that personal data is protected;
Amendment  479 Proposal for a regulation Article 78 – paragraph 2 – point b
Text proposed by the Commission	Amendment
(b) purchase and installation of the components necessary to ensure data transmission from actors involved in fishing and the marketing of fishery products to the relevant Member State and EU authorities, including the necessary components for electronic recording and reporting systems (ERS), vessel monitoring systems (VMS), and automatic identification systems (AIS) used for control purposes;	(b) development, purchase and installation of the components, including computer hardware and software, that are necessary to ensure data transmission from actors involved in fishing and the marketing of fishery products to the relevant Member State and EU authorities, including the necessary components for electronic recording and reporting systems (ERS), vessel monitoring systems (VMS), and automatic identification systems (AIS) used for control purposes;
Amendment  480 Proposal for a regulation Article 78 – paragraph 2 – point c
Text proposed by the Commission	Amendment
(c) purchase and installation of the components necessary to ensure traceability of fishery and aquaculture products, as defined in Article 58 of Council Regulation (EC) No 1224/2009;	(c) development, purchase and installation of the components, including computer hardware and software, which are necessary to ensure traceability of fishery and aquaculture products, as defined in Article 58 of Council Regulation (EC) No 1224/2009;
Amendment  481 Proposal for a regulation Article 78 – paragraph 2 – point e
Text proposed by the Commission	Amendment
(e) modernisation and purchase of patrol vessels, aircrafts and helicopters, provided they are used at least 60% of the time for fisheries control;	(e) modernisation and purchase of patrol vessels, aircrafts and helicopters, provided they are used for fisheries control for at least 60 % of the total time that the equipment is used per year;
Amendment  482 Proposal for a regulation Article 78 – paragraph 2 – point g
Text proposed by the Commission	Amendment
(g) implementation of pilot projects related to fisheries control, including fish DNA analysis or the development of web–sites related to control;	(g) development of innovative control and monitoring systems and implementation of pilot projects related to fisheries control, including fish DNA analysis or the development of web–sites related to control;
Amendment  483 Proposal for a regulation Article 78 – paragraph 2 – point j a (new)
Text proposed by the Commission	Amendment
	(ja) programmes delivering tougher control for stocks subject to specific control and inspection programmes established in accordance with Article 95 of Council Regulation (EC) No 1224/2009, including any operational costs incurred;
Amendment  484 Proposal for a regulation Article 78 – paragraph 2 – point j b (new)
Text proposed by the Commission	Amendment
	(jb) programmes linked to the implementation of an action plan established in accordance with Article 102(4) of Regulation (EC) No 1224/2009, including any operational costs incurred.
Amendment  485 Proposal for a regulation Article 78 – paragraph 3
Text proposed by the Commission	Amendment
3. The measures listed in points (h), (i) and (j) of paragraph 2 of this Article shall only be eligible for support if they relate to control activities carried out by a public authority.	3. The measures listed in points (h), (i), (j), (ja) and (jb) of paragraph 2 of this Article shall only be eligible for support if they relate to control activities carried out by a public authority.
Amendment  486 Proposal for a regulation Article 78 a (new)
Text proposed by the Commission	Amendment
	Article 78a
	Collective actions with a view to strengthening and standardising controls
	1. With a view to strengthening and standardising controls, the EMFF may support the implementation of transnational projects aimed at developing and testing the inter–State control, inspection and enforcement systems provided for under Article 46 of the Regulation (EU) No …/….. [on the CFP] and laid down in Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the CFP.
	2. Eligible types of operation include in particular the following:
	(a) international training programmes for personnel responsible for monitoring, control and surveillance of fisheries activities;
	(b) initiatives, including seminars and media tools, for standardising the interpretation of regulations and associated controls in the Union.
Amendment  487 Proposal for a regulation Article 79 – paragraph 1
Text proposed by the Commission	Amendment
1. The EMFF shall support the collection and management and use of primary biological, technical, environmental and socioeconomic data as in the multiannual Union programme referred to in Article 37(5) of the [Regulation on the Common Fisheries Policy].	1. The EMFF shall support the collection and management, analysis and use of primary biological, technical, environmental and socioeconomic data necessary for sustainable ecosystem–based fisheries and aquaculture management as in the multiannual Union programme referred to in Article 37(5) of the [Regulation on the Common Fisheries Policy].
Amendment  488 Proposal for a regulation Article 79 – paragraph 2 – point a
Text proposed by the Commission	Amendment
(a) the management and use of data for the purpose of scientific analysis and CFP implementation;	(a) the collection, management and use of data for the purpose of scientific analysis and CFP implementation;
Amendment  489 Proposal for a regulation Article 79 – paragraph 2 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) the purchase or development of technology, including computer hardware and software, required for the collection, management and use of data;
Amendment  490 Proposal for a regulation Article 79 – paragraph 2 – point b
Text proposed by the Commission	Amendment
(b) national multi–annual sampling programmes;	(b) national, transnational and sub–national multi–annual sampling programmes;
Amendment  491 Proposal for a regulation Article 79 – paragraph 2 – point c
Text proposed by the Commission	Amendment
Data collection	Data collection
(c) at–sea monitoring of commercial and recreational fisheries;	(c) at–sea monitoring of commercial and recreational fisheries, including the monitoring of by–catches of marine organisms and birds;
Amendment  492 Proposal for a regulation Article 79 – paragraph 2 – point d a (new)
Text proposed by the Commission	Amendment
	(da) management of annual work programmes with regard to technical and scientific expertise in fisheries, the processing of data communications and data sets and preparatory work for the provision of scientific advice;
Amendment  493 Proposal for a regulation Article 79 – paragraph 2 – point d b (new)
Text proposed by the Commission	Amendment
	(db) Organisation and management of fisheries expert meetings;
Amendment  494 Proposal for a regulation Article 79 – paragraph 2 – point e
Text proposed by the Commission	Amendment
Data collection	Data collection
(e) the participation of Member States' representatives in regional coordination meetings as referred to in Article 37(4) of the [Regulation on the Common Fisheries Policy], meetings of regional fisheries management organisations of which the EU is a contracting partner or an observer or meetings of international bodies in charge of providing scientific advice.	(e) the participation, by representatives of Member States and their scientific experts, as well as by representatives of regional authorities, in regional coordination meetings as referred to in Article 37(4) of the [Regulation on the Common Fisheries Policy], meetings of regional fisheries management organisations of which the EU is a contracting partner or an observer or meetings of international bodies in charge of providing scientific, economic or technical advice;
Amendment  495 Proposal for a regulation Article 79 – paragraph 2 – point e a (new)
Text proposed by the Commission	Amendment
Data collection	Data collection
	(ea) the improvement of data collection and data management systems and the implementation of pilot studies to improve existing data collection and data management systems;
Amendment  496 Proposal for a regulation Article 79 – paragraph 2 – point e b (new)
Text proposed by the Commission	Amendment
Data collection	Data collection
	(eb) the operating costs incurred by the collection and processing of data.
Amendment  497 Proposal for a regulation Article 79 a (new)
Text proposed by the Commission	Amendment
	Article 79 a
	Penalties
	The Commission shall be empowered to adopt delegated acts, in accordance with Article 150, penalising a Member State by freezing and/or decreasing funds from the EMFF for failure:
	(a) to fulfil its data collection and transmission obligations or fail to report its actual fishing fleet capacity; or
	(b) to tackle problems with IUU–fishing within its waters and/or within its fishing fleet.
Justification
As Member States do not always fulfil their reporting obligations an effective tool is needed to raise compliance with these common EU provisions.
Amendment  498 Proposal for a regulation Article 81 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
Support under this Chapter shall contribute to the development and implementation of the Union's Integrated Maritime Policy. It shall:	Support under this Chapter shall contribute to enhancing the development and implementation of the Union's Integrated Maritime Policy. It shall:
Amendment  499 Proposal for a regulation Article 81 – paragraph 1 – point a – point i
Text proposed by the Commission	Amendment
(i) promoting actions which encourage Member States and EU regions to develop introduce or implement integrated maritime governance;	(i) promoting actions which encourage Member States and their regions to develop, introduce or implement integrated maritime governance;
Amendment  500 Proposal for a regulation Article 81 – paragraph 1 – point a – point ii
Text proposed by the Commission	Amendment
(ii) promoting dialogue and cooperation with and among Member States and stakeholders on marine and maritime issues, including by developing sea–basin strategies;	(ii) promoting dialogue and cooperation with and among Member States and stakeholders on marine and maritime issues, including by developing and implementing integrated sea-basin strategies, bearing in mind the need for a balanced approach in all sea basins and taking into account the specific characteristics of maritime basins and sub–basins and the relevant macroregional strategies, where appropriate;
Amendment  501 Proposal for a regulation Article 81 – paragraph 1 – point a – point iii
Text proposed by the Commission	Amendment
(iii) promoting cross–sectoral cooperation platforms and networks, including representatives of public authorities, regional and local authorities, industry, the tourism sector, research stakeholders, citizens, civil society organisations and the social partners;	(iii) promoting cross–sectoral cooperation platforms and networks, including representatives of national public authorities, regional and local authorities, industry, the tourism sector, research stakeholders, citizens, civil society organisations and the social partners, including within sea basins strategies;
Amendment  502 Proposal for a regulation Article 81 – paragraph 1 – point a – point iv
Text proposed by the Commission	Amendment
(iv) promoting the exchange of best practices and dialogue at international level, including bilateral dialogue with third countries without prejudice to other agreements or arrangements which may exist between the EU and the third countries concerned;	(iv) promoting the exchange of best practices and dialogue at international level, including bilateral dialogue with third countries, taking into account the United Convention of the Law of the Sea (UNCLOS) and the relevant existing international conventions based on UNCLOS, without prejudice to other agreements or arrangements which may exist between the EU and the third countries concerned;
Amendment  503 Proposal for a regulation Article 81 – paragraph 1 – point b – introductory part
Text proposed by the Commission	Amendment
(b) Contribute to the development of cross–sectoral initiatives that are mutually beneficial to different maritime sectors and/or sectoral policies, taking into account and building upon existing tools and initiatives, such as:	(b) contribute to the development of cross–sectoral initiatives that are mutually beneficial to different maritime and marine sectors and/or sectoral policies, taking into account and building upon existing tools and initiatives, such as:
Amendment  504 Proposal for a regulation Article 81 – paragraph 1 – point b – point i
Text proposed by the Commission	Amendment
(i) integrated maritime surveillance to enhance effectiveness and efficiency through information exchange across sectors and borders while taking due account of existing and future systems;	(i) integrated maritime surveillance to enhance security, effectiveness and efficiency through information exchange across sectors and borders while taking due account of existing and future systems;
Amendment  505 Proposal for a regulation Article 81 – paragraph 1 – point b – point iii
Text proposed by the Commission	Amendment
(iii) the progressive development of a comprehensive and publicly accessible high quality marine knowledge base which shall facilitate sharing, re–use and dissemination of these data and knowledge among various user groups.	(iii) the progressive development of a comprehensive and publicly accessible high quality marine knowledge base to reduce duplication, facilitate sharing, re–use and dissemination of these data and knowledge among various user groups.
Amendment  506 Proposal for a regulation Article 81 – paragraph 1 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) improve the cooperation between Member States through the exchange of information and best practices among the various coast guard functions, with the aim of creating a European Coast Guard.
Amendment  507 Proposal for a regulation Article 81 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) Supporting sustainable economic growth, employment, innovation and new technologies within emerging and prospective maritime sectors in coastal regions, in complementarity with established sectoral and national activities.	(c) support sustainable economic growth, employment, innovation and new technologies within emerging and prospective maritime sectors, as well as in coastal, insular and outermost regions of the Union, in complementarity with established sectoral and national activities.
Amendment  508 Proposal for a regulation Article 81 – paragraph 1 – point c a (new)
Text proposed by the Commission	Amendment
	(ca) support the development of human capital in the maritime sector, in particular by promoting cooperation and exchanges in the field of training.
Amendment  509 Proposal for a regulation Article 81 – paragraph 1 – point d
Text proposed by the Commission	Amendment
(d) promoting the protection of the marine environment, in particular its biodiversity and marine protected areas such as Natura 2000 sites, and the sustainable use of marine and coastal resources and to further define the boundaries of the sustainability of human activities that have an impact on the marine environment, in particular in the framework of the Marine Strategy Framework Directive.	(d) promote the protection of the marine environment, in particular its biodiversity and marine protected areas such as Natura 2000 sites, and the sustainable use of marine and coastal resources by applying an ecosystem–based approach to the management of human activities, in accordance with the objectives of achieving and maintaining a good environmental status as required by the Marine Strategy Framework Directive.
Amendment  510 Proposal for a regulation Article 82 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) projects, including test projects and cooperation projects;	(b) projects, from design to implementation, including test and pilot projects and national and cross–border cooperation projects;
Amendment  511 Proposal for a regulation Article 82 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) public information and sharing best practice, awareness raising compaigns and associated communication and dissemination activities such as publicity campaigns, events, the development and maintenance of websites, stakeholder platforms, including corporate communication of the political priorities of the Union as far as they are related to the general objectives of this Regulation;	(c) public information and sharing best practice, including with regard to relevant effective European research programmes, awareness raising compaigns and associated communication and dissemination activities such as publicity campaigns, events, the development and maintenance of websites, stakeholder platforms, including corporate communication of the political priorities of the Union as far as they are related to the general objectives of this Regulation;
Amendment  512 Proposal for a regulation Article 82 – paragraph 1 – point d
Text proposed by the Commission	Amendment
(d) conferences, seminars and workshops;	(d) conferences, seminars, forums and workshops;
Amendment  513 Proposal for a regulation Article 82 – paragraph 1 – point e
Text proposed by the Commission	Amendment
(e) exchange of best practices, coordination activities including information sharing networks and steering mechanisms for sea–basin strategies;	(e) exchange of best practices, coordination activities including information sharing networks and development support for sea–basin strategies;
Amendment  514 Proposal for a regulation Article 82 – paragraph 1 – point f
Text proposed by the Commission	Amendment
(f) the development, operation and maintenance of IT–systems and networks enabling the gathering, administration, validation, analysis and exchange of, and the development of sampling methods for, data related to fisheries, as well as interconnection to cross–sectoral data exchange systems;	(f) the development, operation and maintenance of IT–systems and networks enabling the gathering, administration, validation, analysis and exchange of, and the development of sampling methods for data, as well as interconnection to cross–sectoral data exchange systems;
Amendment  515 Proposal for a regulation Article 82 – paragraph 1 – point f a (new)
Text proposed by the Commission	Amendment
	(fa) training projects for the development of knowledge, professional qualifications and measures aimed to promote professional development in the maritime sector;
Amendment  516 Proposal for a regulation Article 82 – paragraph 1 – point f b(new)
Text proposed by the Commission	Amendment
	(fb) relevant instruments for integrated coastal areas management, maritime spatial planning and management of resources shared at sea–basin level;
Amendment  517 Proposal for a regulation Article 82 – paragraph 1 – point f c(new)
Text proposed by the Commission	Amendment
	(fc) technical assistance under Article 51 of Regulation (EU) No …/….. [laying down common provisions].
Amendment  518 Proposal for a regulation Article 82 – paragraph 2 – introductory part
Text proposed by the Commission	Amendment
2. In order to achieve the specific objective of developing cross–sectoral operations set out in Article 81 b), the EMFF may support:	2. In order to achieve the specific objective of developing cross–border and cross–sectoral operations set out in Article 81 b), the EMFF may support:
Amendment  519 Proposal for a regulation Article 82 – paragraph 2 – point b
Text proposed by the Commission	Amendment
(b) activities of coordination and cooperation among Member States to develop maritime spatial planning and integrated coastal zone management, including expenditure related to systems and practices of data sharing and monitoring, evaluation activities, the setting up and running of networks of experts, and the setting up of a programme aiming at building capacity for Member States to implement maritime spatial planning;	(b) activities of coordination and cooperation among Member States and, where appropriate, between Member States and regions, to develop maritime spatial planning and integrated coastal zone management, including expenditure related to systems and practices of data sharing and monitoring, evaluation activities, the setting up and running of networks of experts, and the setting up of a programme aiming at building capacity for Member States to implement maritime spatial planning;
Amendment  520 Proposal for a regulation Article 82 – paragraph 2 – point c
Text proposed by the Commission	Amendment
(c) the technical tools for setting up and running of an operational European Marine Observation and Data Network aiming to facilitate the collection, assembling, quality control, re–use and distribution of marine data through cooperation between the Member states institutions involved in the network.	(c) the technical tools for setting up and running of an operational European Marine Observation and Data Network which aims to facilitate the collection, acquisition, assembling, quality control, re–use and distribution of marine data and knowledge, through cooperation between the Member States' institutions involved in the network.

––

Amendment  521 Proposal for a regulation Article 84 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
Measures under this Chapter shall facilitate the implementation of the CFP and IMP in particular as regard to:	Measures under this Chapter shall facilitate the implementation of the CFP and IMP in particular with regard to:
Amendment  522 Proposal for a regulation Article 84 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) scientific advice under CFP;	(a) collection, management and dissemination of scientific advice under the CFP;
Amendment  523 Proposal for a regulation Article 84 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) specific control and enforcement measures under CFP;	(b) specific control and enforcement measures under CFP, including labour inspections;
Amendment  524 Proposal for a regulation Article 84 – paragraph 1 – point d a (new)
Text proposed by the Commission	Amendment
	(da) social dialogue and the involvement of social partners;
Amendment  525 Proposal for a regulation Article 84 – paragraph 1 – point e
Text proposed by the Commission	Amendment
(e) market intelligence;	(e) market intelligence, including the establishment of electronic markets;
Amendment  526 Proposal for a regulation Article 84 a (new)
Text proposed by the Commission	Amendment
	Article 84 a
	Conservation measures
	In order to ensure efficient implementation of conservation measures under Articles 17 and 21 of Regulation (EU) No …/….. [on CFP] the EMFF may support initiatives undertaken by Member States to cooperate and implement common measures to achieve objectives and targets agreed under multiannual plans established pursuant to Articles 9, 10 and 11 of Regulation (EU) No …/….. [on CFP];
Amendment  527 Proposal for a regulation Article 85 – paragraph 1
Text proposed by the Commission	Amendment
1. The EMFF may support the provision of scientific deliverables, particularly applied–research projects directly linked to the provision of scientific opinions and advice, for the purpose of sound and efficient fisheries management decisions under the CFP.	1. The EMFF may support the provision of scientific deliverables, particularly applied–research projects directly linked to the provision of scientific and socio–economic opinions and advice, for the purpose of sound and efficient fisheries management decisions under the CFP.
Amendment  528 Proposal for a regulation Article 85 – paragraph 2 – point a
Text proposed by the Commission	Amendment
(a) studies and pilot projects needed for the implementation and development of the CFP, including on alternative types of sustainable fishing management techniques;	(a) studies and pilot projects needed for the implementation and development of the CFP, including on alternative types of sustainable fishing and aquaculture management techniques, including within Advisory Councils;
Amendment  529 Proposal for a regulation Article 85 – paragraph 2 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) studies necessary for the implementation and development of the CFP in biogeographically sensitive areas;
Amendment  530 Proposal for a regulation Article 85 – paragraph 2 – point b
Text proposed by the Commission	Amendment
(b) the preparation and provision of scientific opinions and advice by scientific bodies, including international advisory bodies in charge of stock assessments, by independent experts and by research institutions;	(b) the preparation and provision of scientific opinions and advice by scientific bodies, including international advisory bodies in charge of stock assessments, by experts and by research institutions;
Amendment  531 Proposal for a regulation Article 85 – paragraph 2 – point c
Text proposed by the Commission	Amendment
(c) the participation of experts in the meetings on fisheries scientific and technical issues and expert working groups as well as in international advisory bodies and in meetings where contribution of fisheries experts will be required;	(c) the participation of experts in the meetings on fisheries scientific and technical issues and expert working groups as well as in international advisory bodies and in meetings where contribution of fisheries and aquaculture experts will be required;
Amendment  532 Proposal for a regulation Article 85 – paragraph 2 – point c a (new)
Text proposed by the Commission	Amendment
	(ca) funding of research vessels conducting scientific research programmes in areas outside Union waters where the Union is operating under fisheries agreements;
Amendment  533 Proposal for a regulation Article 85 – paragraph 2 – point e
Text proposed by the Commission	Amendment
(e) cooperation activities between the Member States in the field of data collection, including the setting–up and running of regionalized databases for storage, management and use of data which will benefit regional cooperation and improve data collection and management activities as well as the scientific expertise in support of fisheries management.	(e) cooperation activities between the Member States in the field of data collection, including the various regional stakeholders and including the setting–up and running of regionalized databases for storage, management and use of data which will benefit regional cooperation and improve data collection and management activities as well as the scientific expertise in support of fisheries management;
Amendment  534 Proposal for a regulation Article 85 – paragraph 2 – point e a (new)
Text proposed by the Commission	Amendment
	(ea) the establishment of electronic markets to better coordinate information between market operators and processors.

–

Amendment  535 Proposal for a regulation Article 86 – paragraph 2 – point a
Text proposed by the Commission	Amendment
(a) joint purchase by several Member States belonging to the same geographical area, of patrol vessels, aircrafts and helicopters, provided they are used at least 60 % of the time for fisheries control;	(a) joint purchase by several Member States belonging to the same geographical area, of patrol vessels, aircrafts and helicopters, provided they are used for fisheries control at least 60 % of the total time that the equipment is used, calculated on an annual basis;
Amendment  536 Proposal for a regulation Article 86 – paragraph 2 – point b
Text proposed by the Commission	Amendment
b) expenditure relating to the assessment and development of new control technologies;	(b) expenditure relating to the assessment and development of new control technologies as well as processes for the exchange of data between authorities and institutions with responsibilities in areas such as security, rescue and control in the Union;
Amendment  537 Proposal for a regulation Article 88 – paragraph 1
Text proposed by the Commission	Amendment
1. The EMFF may support operating costs of the Advisory Councils as set up by Article 52 of [Regulation on Common Fisheries Policy].	1. The EMFF shall support the necessary operating and expertise costs of the Advisory Councils as set up by [Regulation on Common Fisheries Policy], in order to ensure that they carry out their tasks fully and effectively..
Amendment  538 Proposal for a regulation Article 88 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. The EMFF may support the operating costs of Advisory Councils where those costs promote the involvement and participation of organisations of fishermen.
Amendment  539 Proposal for a regulation Article 88 – paragraph 1 b (new)
Text proposed by the Commission	Amendment
	1b. The EMFF shall support operating, technical and scientific costs associated with carrying out studies to underpin the recommendations of the Advisory Councils.
–Amendment  540 Proposal for a regulation Article 88 a (new)
Text proposed by the Commission	Amendment
	Article 88 a
	Social Dialogue
	The EMFF may support the operational costs of structures that promote the social dialogue and the involvement of the social partners.
Justification
Direct–management CFP flanking measures should be able to finance the operational costs of structures that promote social dialogue and the involvement of the social partners.
Amendment  541 Proposal for a regulation Article 89 – paragraph 1
Text proposed by the Commission	Amendment
The EMFF may support the development and dissemination of market intelligence for fishery and aquaculture products by the Commission in accordance with Article 49 of [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products].	The EMFF may support the development and dissemination of market intelligence for fishery and aquaculture products by the Commission in accordance with Article 49 of [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products], including establishing electronic markets to better coordinate information between market operators and processors;
Amendment  542 Proposal for a regulation Article 91 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) the implementation of sustainable fisheries agreements and the Union participation in regional fisheries management organisations;	(b) the preparation, monitoring and evaluation of sustainable fisheries agreements and the Union participation in regional fisheries management organisations; the measures in question shall consist of studies, meetings, expert involvement, temporary staff costs, information activities and any other administrative costs or costs arising from scientific or technical assistance by the Commission.
Amendment  543 Proposal for a regulation Article 92 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
1. The EMFF may support, at the initiative of a Member State, subject to a ceiling of 5 % of the total amount of the operational programme:	1. The EMFF may support, at the initiative of a Member State, subject to a ceiling of 6 % of the total amount of the operational programme:
Amendment  544 Proposal for a regulation Article 94 – paragraph 3 – point a
Text proposed by the Commission	Amendment
(a) 100 % of the eligible public expenditure for the support under storage aid referred to in Article 70;	(a) 50 % of the eligible public expenditure for the support under storage aid referred to in Article 70;
Amendment  545 Proposal for a regulation Article 94 – paragraph 3 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) 100% of the eligible public expenditure for the preparation of production and marketing plans referred to in Article 69;
Amendment  546 Proposal for a regulation Article 94 – paragraph 3 – point d
Text proposed by the Commission	Amendment
(d) 80 % of the eligible public expenditure for the support referred to in Article 78(2)(a) to (d) and (f) to (j);	(d) 90 % of the eligible public expenditure for the support referred to in Article 78(2)(a) to (d) and (f) to (j);
Amendment  547 Proposal for a regulation Article 94 – paragraph 3 – point e
Text proposed by the Commission	Amendment
(e) 65 % of the eligible expenditure for the support referred to in Article 79.	(e) 80 % of the eligible expenditure for the support referred to in Article 79.

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Amendment  548 Proposal for a regulation Article 94 – paragraph 3 – point e a (new)
Text proposed by the Commission	Amendment
	(ea) plus 10 percentage points, plus the maximum EMFF contribution rate, where operations are financed by the EMFF in the outlying Greek islands and in the outermost regions that, due to their remoteness, are at a disadvantage;
Amendment  549 Proposal for a regulation Article 95 – paragraph 1
Text proposed by the Commission	Amendment
1. Member States shall apply a maximum intensity of public aid of 50 % of the total eligible expenditure of the operation.	1. Member States shall apply a maximum intensity of public aid of 60 % of the total eligible expenditure of the operation.
Amendment  550 Proposal for a regulation Article 95 – paragraph 2 – point a
Text proposed by the Commission	Amendment
(a) the beneficiary is a public law body;	(a) the beneficiary is a public law body or a private body performing public service tasks;
Amendment  551 Proposal for a regulation Article 95 – paragraph 2 – point b
Text proposed by the Commission	Amendment
(b) the operation is related to the storage aid referred to in Article 70;	deleted
Amendment  552 Proposal for a regulation Article 95 – paragraph 3 – introductory part
Text proposed by the Commission	Amendment
3. By way of derogation from paragraph 1, Member States may apply an intensity of public aid between 50 % and maximum100% of the total eligible expenditure when the operation is implemented under Chapter III of Title V and fulfils one of the following criteria:	3. By way of derogation from paragraph 1, Member States may apply an intensity of public aid between 60 % and maximum100% of the total eligible expenditure when the operation is implemented under Chapters I, II, III or IV of Title V and fulfils two or more of the following criteria:

––––––––––

Amendment  553 Proposal for a regulation Article 98 – paragraph 2 – subparagraph 2
Text proposed by the Commission	Amendment
The Commission shall exercise the empowerment in full respect of the principle of proportionality and taking into account the risk that the non–compliance with the respective CFP rules constitutes a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY, the sustainability of the stocks concerned or the conservation of the marine environment.	The Commission shall exercise the empowerment in full respect of the principle of proportionality and taking into account the risk that the non–compliance with the respective CFP rules constitutes a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY, the sustainability of the stocks concerned or the conservation of the marine environment or the achievement and maintenance of a good environmental status by 2020.
Amendment  554 Proposal for a regulation Article 100 – paragraph 1
Text proposed by the Commission	Amendment
1. In addition to Article 135 of [Regulation (EU) No [...] laying down Common Provisions], the Member States shall in the first instance be responsible also for investigating the cases of non–compliance with rules applicable under the Common Fisheries Policy.	(Does not affect English version.)
Amendment  555 Proposal for a regulation Article 100 – paragraph 2
Text proposed by the Commission	Amendment
2. For the cases of financial corrections applied on expenditure directly linked to the non–compliance with Article 105, the Member States shall decide the amount of a correction taking into account the gravity of the non compliance by the beneficiary with CFP rules, the economic advantage derived from the non–compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary.	2. For the cases of financial corrections applied on expenditure directly linked to the non–compliance with Article 105, the Member States shall decide the amount of a correction taking into account the gravity (including the extent, duration and any re–occurrence) of the non compliance by the beneficiary with CFP rules, the economic advantage derived from the non–compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary.
Justification
The gravity of non–compliance by a beneficiary is determined by a number of factors: its severity, extent, duration and re–occurrence
Amendment  556 Proposal for a regulation Article 102 – paragraph 1–
Text proposed by the Commission	Amendment
1. In addition to Article 134 of [Regulation (EU) No [...] laying down Common Provisions], the Commission may suspend, by means of an implementing act, all or part of the interim payments of the operational programme where the Commission has adopted a decision by means of an implementing act recognising that a Member State has failed to comply with its obligations under the Common Fisheries Policy. Such non compliance shall be liable to affect the expenditure contained in a certified statement of expenditure for which the interim payment is requested.	1. In addition to Article 134 of [Regulation (EU) No [...] laying down Common Provisions], the Commission may suspend, by means of an implementing act, all or part of the interim payments of the operational programme where :
	(a) the Commission has adopted a decision by means of an implementing act recognising that a Member State has failed to comply with its obligations under the Common Fisheries Policy. Such non compliance shall be liable to affect the expenditure contained in a certified statement of expenditure for which the interim payment is requested;
	(aa) the Member State has failed to submit the required reports on fleet capacity and its relationship with the available resources required under Regulation (EU) No …/….. [on the CFP].
Amendment  557 Proposal for a regulation Article 111 – paragraph 1
Text proposed by the Commission	Amendment
1. Key information on the implementation of the programme, on each operation selected for funding, as well as on completed operations, needed for monitoring and evaluation, including the key characteristics of the beneficiary and the project, shall be recorded and maintained electronically.	(Does not affect the English version)
Amendment  558 Proposal for a regulation Article 113– paragraph 2
Text proposed by the Commission	Amendment
2. The managing authority and the monitoring committee shall carry out monitoring of the operational programme by means of financial, output and target indicators.	(Does not affect the English version)
Amendment  559 Proposal for a regulation Article 114 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) shall be consulted and issue an opinion, within four months of the decision approving the programme, on the selection criteria for the financed operations; the selection criteria shall be revised according to programming needs;	(Does not affect the English version)
Amendment  560 Proposal for a regulation Article 120 – paragraph 1 – point a
Text proposed by the Commission	Amendment
a) ensuring the establishment of a single website or a single website portal providing information on, and access to, the operational programme in each Member State;	(a) ensuring the establishment of a single website or a single website portal providing information on, and access to, the operational programmes in each Member State;
Amendment  561 Proposal for a regulation Article 120 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) ensuring the establishment of a single website or a single website portal providing information on, and access to, the operational programme in each Member State;	(a) ensuring the establishment of a single website or a single website portal providing information on, and easy access to, the operational programme in each Member State;
Amendment  562 Proposal for a regulation Article 120 paragraph 4 a (new)
Text proposed by the Commission	Amendment
	4a. With regard to access to environmental information, Directive 2003/4/EC and Regulations 1049/2001/EC and 1367/2006/EC shall apply.

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Amendment  563 Proposal for a regulation Annex I – table 1 – line 1
Type of operations	Percentage points
Related to small scale coastal fisheries may benefit from an increase by	25
Amendment by Parliament
Type of operations	Percentage points
Related to small scale coastal fisheries may benefit from an increase by	30
Amendment  564 Proposal for a regulation Annexe I – table 1 – line 5
Text proposed by the Commission	Amendment
Implemented by producer organisation or associations of producer organisations may benefit from an increase by 10 percentage points	Implemented by producer organisation, an association of producer organisations, a professional fishermen's organisation recognised by the Member State or an interbranch organisation, may benefit from an increase by 30 percentage points.
Justification
The ceiling for public aid should be increased for professional organisations as part of collective projects.
Amendment  565 Proposal for a regulation Annex 1 – table 1 – line 5 a (new)
Type of operations	Percentage points
Compliance with the requirements of all the sustainability criteria that the Member States may apply could lead to an increase of	10
Amendment  566 Proposal for a regulation Annex 1 – table 1 – line 8
Type of operations	Percentage points
Operations performed by companies considered to be outside the definition of SMEs: a reduction of	20
Amendment by Parliament
Type of operations	Percentage points
Operations performed by companies considered to be outside the definition of SMEs: a reduction of	15
Amendment  567 Proposal for a regulation Annex 1 – table 1 – line 8 a (new)
Type of operations	Percentage points
If they fulfil the requirements of the set of sustainability criteria that the Member States may implement, they may receive an additional	10
Justification
The management authorities can develop a set of criteria that are conditional on sustainable development goals (environmental, social and economic) that encourage staff to exceed current regulations. In such cases, the management authorities are able to increase the aid provided. This amendment aims to strengthen the link between the EMFF as a financial instrument and the CFP, and make it a tool for encouraging sustainable practices.
Amendment  568 Proposal for a regulation Annex III – table 1 – line 7 a (new)
Amendment by Parliament 7a. Legislation relating to working conditions Respect by operators of Union law on working conditions. The effective application and implementation of Union law on working conditions covering:     – law relating to working hours and rest periods for fishermen;     – health and safety law;     – law relating to the initial qualifications and further training of fishermen.
Justification
As part of the EMFF's social component, an ex ante conditionality should be added in respect of compliance with legislation on working conditions in the fisheries sector.
Amendment  569 Proposal for a regulation Annex III – table 2 – row 3
Text proposed by the Commission
EMFF Priority: 6 Fostering the implementation of the CFP         TO 6: protecting the environment and promoting resource efficiency   Proven administrative capacity to comply with the data requirements for fisheries management set out in Article 37 of the [Regulation on the CFP] Proven administrative capacity to prepare and apply a multi–annual programme for data collection, to be reviewed by STECF and accepted by the Commission Proven administrative capacity to prepare and implement an annual work plan for data collection, to be reviewed by STECF and accepted by the Commission Sufficient capacity in human resources allocation to undertake bilateral or multilateral agreements with other MS if work to implement the data collection obligations is shared
Amendment
EMFF Priority: 6 Fostering the implementation of the CFP         TO 6: protecting the environment and promoting resource efficiency   Proven administrative capacity to comply with the data requirements for fisheries management set out in Article 37 of the [Regulation on the CFP]   Assessment of the balance between fishing capacity and fishing opportunities: Specific analysis of the balance between fishing capacity and fishing opportunity has been carried out in order to ensure the effective implementation of fleet management measures   Proven administrative capacity to prepare and apply a multi–annual programme for data collection, to be reviewed by STECF and accepted by the Commission Proven administrative capacity to prepare and implement an annual work plan for data collection, to be reviewed by STECF and accepted by the Commission Sufficient capacity in human resources allocation to undertake bilateral or multilateral agreements with other MS if work to implement the data collection obligations is shared Proven administrative capacity to prepare and implement fleet capacity assessments; Adequate reporting on efforts to establish a balance between fishing capacity and fishing opportunities as requested by Article 34 and Article 37 of Regulation (EU) No …/….. [on the CFP].
Justification
The proposal should make funding for fleets, vessels and gears conditional upon adequate assessment of fishing capacity in relation to available fishing opportunities. Several Member States fail to comply with the legal requirement to report on their efforts to balance fleet capacity in relation to fishing opportunities. Fleet assessments should be made as minimum basis to avoid unintended consequences and to spend modernisation aid in a more targeted manner.
Amendment  570 Proposal for a regulation Annex 3 – paragraph 2 – point 1 – table 1 – line 4 a (new)
Amendment by Parliament EU priority for EMFF/ CSF Thematic Objective (TO) Ex ante conditionality Criteria for fulfilment EMFF Priority: 6 Fostering the implementation of the CFP TO 6: protecting the environment and promoting resource efficiency. Annual assessment of the balance between fishing capacity and fishing opportunities: Specific analysis of the balance between fishing capacity and fishing opportunities has been carried out in order to ensure the effective implementation of fleet management measures that concern reduction of the capacity of the fleet and direct investments on vessels. The specific actions include: – Proven administrative capacity to prepare and implement fleet capacity assessments; – Adequate reporting on efforts to establish a balance between fishing capacity and fishing opportunities, as required by Articles 34 and 37 [of the proposed Basic Regulation].

• [1]  Not yet published in the Official Journal.

EXPLANATORY STATEMENT

1. The overcapacity of the fleet: a questionable premise

The Commission justifies its proposed reform of the CFP by asserting that the European fishing fleet suffers from overcapacity. Your rapporteur would like to draw attention to the questionable nature of this premise: the Commission has so far failed to define what it means by overcapacity, so it is difficult to prove whether or not it exists. And even if some regions may have excess fishing capacity in relation to the available resources, this situation remains localised, occurring only in isolated cases, and it would be an error to assume that such a situation exists in all the Union's fishing areas.

Moreover, the Commission's determination to reduce the fleet's alleged overcapacity would have no effect on the total volume of catch, since catches would continue to depend on the annual TACs and quotas. Your rapporteur notes therefore that the Commission proposes that the same quantity of fish should be caught by fewer ships, which would put many fishing enterprises – and many jobs – at risk, particularly in small–scale or coastal enterprises.

Your rapporteur wishes to challenge this approach and would like to see strict controls on fishing leading to the sustainable environmental and social management of resources. He wishes to draw attention in this connection to the fact that Member States are obliged to respect the fleet size limits determined in the basic Regulation. In order to reinforce this obligation, he suggests that Member States should indicate in their EMFF operational programme what measures they are implementing to meet these limits under this Regulation.

2. Transferable fishing concessions and conversion

The key measure proposed in the basic Regulation to limit the alleged overcapacity is the introduction of transferable fishing concessions. The inevitable consequence of this mechanism would be to concentrate fishing rights in the hands of a small number of operators and to generate market speculation in rights. It would pose a threat to the small–scale and coastal fisheries and would probably lead to instances of abuse of dominant position. This measure would consist in dismantling any form of regulation and relying solely on the market.

The logical consequence of introducing transferable fishing concessions would be to orient the EMFF towards the retraining of fishermen outside the fisheries sector, as Article 32 clearly indicates. This proposal would spell the end of small–scale and coastal fishing. Your rapporteur is opposed to this measure.

The EMFF aims to provide structural support to the fisheries sector in order to boost its competitiveness and sustainability. Supporting the diversification of fishing activities into other sectors is incompatible with this objective. The emphasis should be rather to encourage the creation of businesses in the fishing sector.

3. Action plan for small–scale and coastal fisheries

Small–scale and coastal fisheries exhibit very different characteristics depending on the sea basins concerned. It is not appropriate to impose a single definition at European level. Your rapporteur therefore proposes leaving it to the Member States to define this term.

Small–scale and coastal fisheries play a fundamental role in ensuring the vitality of coastal areas. The EMFF should therefore support the development, competitiveness and sustainability of these fisheries. Your rapporteur proposes that each Member State should annex to its operational programme an action plan setting out the measures taken to this effect.

4. Social dimension of the EMFF

Your rapporteur is very keen that the PCP should contain an ambitious social component. The EMFF should therefore encourage vocational training and the entry of young people into the fisheries sector, whether as fishing vessel owners or employed fishermen.

5. Fleet renewal

Your rapporteur hopes that the EMFF will allow the renewal of the EU fishing fleet, 50% of which is over 25 years old[1]. This obsolescence raises important issues in terms of safety on board and respect for the marine environment.

In order to enable this renewal to take place, your rapporteur proposes that the EMFF should support the replacement of antiquated vessels by new, more energy–efficient, safer, more selective and less powerful vessels. Under no circumstances would the aid lead to increased fleet size.

Measures should also be taken to support investments for the modernisation of vessels in order to improve working conditions and safety, reduce energy consumption and pollution and promote more selective fishing gear. The EMFF should support the modernization and replacement of engines, without increasing fleet size.

Your rapporteur is opposed to make the landing of unwanted catches obligatory, and instead supports the goal of a significant and gradual reduction of discards to be achieved by heavily investing in selective fishing gear.

6. Temporary cessations of activity and mutual funds

The EMFF should finance temporary cessations of fishing activity for fishermen, especially in case of the application of urgent measures and biological rest periods within the framework of the basic Regulation.

The EMFF should also contribute to the mutual funds set up by fishermen at national level to compensate for losses due to exceptional external events such as natural disasters, adverse climatic events, environmental or sanitary accidents or sudden, short–term surges in fuel prices.

7. Investing in ports

Your rapporteur regrets the Commission's lack of ambition regarding ports. He therefore proposes to extend EMFF investments in this area in order to take into account the strategic role of ports for the competitiveness and sustainability of fishing activities and coastal areas.

8. Scientific opinions and data–gathering

Your rapporteur stresses the importance of strengthening scientific knowledge about the quantitative and qualitative state of fisheries resources in order to obtain sound scientific advice for all commercial stocks in the EU. He welcomes the importance given to partnerships between scientists and fishermen.

The maximum sustainable yield must be achieved as soon as possible and no later than 2020, for all commercial species by acquiring all the means necessary to attain this goal. Data–gathering plays a vital role here. Your rapporteur therefore proposes increasing to 75% the co– financing rate under Article 79.

9. Storage aid

The Commission proposes that the storage aid should decrease until its abolition in 2019. Your rapporteur opposes this planned abolition and wishes to maintain this important instrument for regulating the market of fishery products. This system helps ensure that products are sold at a remunerative price for producers.

10. Compensation for additional costs incurred in the outermost regions

Your rapporteur sets great store by the regime of compensation for additional costs in the outermost regions, in accordance with Article 349 TFEU. He supports taking into account in the EMFF all additional costs that affect operators in the outermost regions.

11. Aquaculture

In aquaculture, the EMFF will intervene to promote innovation, entrepreneurship, the human capital, environmental protection, public health and aquaculture stock insurance.

Your rapporteur welcomes the ambitious proposals for aquaculture. He emphasizes the importance of extensive aquaculture and recalls that aquaculture should be seen as complementary to fishing activities.

12. Sustainable development of fisheries areas

Your rapporteur welcomes the Commission's proposals for the sustainable and inclusive territorial development of fisheries and rural areas. He emphasizes the positive role played by local development strategies integrated into the spatial planning of coastal and maritime territories.

The integrated local development strategies will be led by Fisheries Local Action Groups fishing (FLAGs) representing the various stakeholders. Your rapporteur proposes that the fisheries and aquaculture sectors be represented as a majority in these FLAGs.

13. Integrated Maritime Policy

The Commission is proposing a budget of 432 million euros over the period 2014–2020 for the IMP, i.e. 7% of the EMFF budget. On an annual average, that corresponds to more than four times the current budget for that policy.

Your rapporteur stresses the need for an adequate budget for the IMP, but refuses to accept that such funding should be provided at the expense of fisheries and aquaculture. He therefore proposes that the IMP share of the EMFF should be capped at 5%.

• [1]  Source Eurostat 2010:http://epp.eurostat.ec.europa.eu

OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE LEGAL BASIS

Mr Gabriel Mato Adrover

Chair

Committee on Fisheries

BRUSSELS

Subject:           Legal basis for the proposal for a regulation of the European Parliament and of the Council on the European Maritime and Fisheries Fund [repealing Council Regulation (EC) No 1198/2006 and Council Regulation(EC) No 861/2006 and Council Regulation No XXX/2011 on integrated maritime policy] (COM(2011)0804 – C7‑0460/2011 – 2011/0380(COD))

Dear Mr Chair,

By letter of 25 June 2013, you asked the Committee on Legal Affairs, pursuant to Rule 37 of the Rules of Procedure, to give its opinion on the possibility of adding Article 349 TFEU to the legal basis for the proposal for a regulation of the European Parliament and of the Council on the European Maritime and Fisheries Fund [repealing Council Regulation (EC) No 1198/2006 and Council Regulation (EC) No 861/2006 and Council Regulation No XXX/2011 on integrated maritime policy].

The proposal (COM(2011)0804, amended proposal COM(2013)0245) was presented by the Commission on the basis of Article 42, Article 43(2), Article 91(1), Article 100(2), Article 173(3), Article 175, Article 188, Article 192(1), Article 194(2) and Article 195(2) TFEU.

By note of 4 July 2013, Parliament's Legal Service provided an analysis of the legal bases put forward for the proposed regulation. According to its conclusions, Article 349 TFEU should not be added to the legal basis of the proposal.

Background

1. The proposal

The proposed regulation which regulates the European Maritime and Fisheries Fund (EMFF) is to be seen in the context of the Common Fisheries Policy reform[1] as well as the Integrated Maritime Policy (IMP)[2]. As laid down in its Article 1, the proposal defines Union financial measures for the implementation of these two policies as well as relevant measures relating to the Law of the Sea and the sustainable development of fisheries areas and inland fishing.

On 22 April 2013, the Commission presented a modified proposal (COM (2013)0245), following, as it explains in the explanatory memorandum to that proposal, thorough discussions on the delivery arrangements of the EMFF in the Fisheries Working Party of the Council and bilateral contacts with the Member States.

2. The legal bases in question

(a) Legal basis of the proposal

The proposal is based on Article 42, Article 43(2), Article 91(1), Article 100(2), Article 173(3), Article 175, Article 188, Article 192(1), Article 194(2) and Article 195(2) TFEU.

Articles 42 and Article 43(2) of the TFEU read as follows:

"Article 42

The provisions of the Chapter relating to rules on competition shall apply to production of and trade in agricultural products only to the extent determined by the European Parliament and the Council within the framework of Article 43(2) and in accordance with the procedure laid down therein, account being taken of the objectives set out in Article 39.

[...]

Article 43

(1) [...]

(2) The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall establish the common organisation of agricultural markets provided for in Article 40 (1) and the other provisions necessary for the pursuit of the objectives of the common agricultural policy and the common fisheries policy."

For more explanations on the other provisions of the TFEU, see below under "Analysis", point 1.

(b) Proposed change in the legal basis

PECH has requested the opinion of the Legal Affairs Committee on the possibility of adding Article 349 to the legal basis for the proposal. INTA refers to some amendments that have been tabled in committee to this end (AM 158 (Alain Cadec), AM 159 (Younous Omarjee) and AM 160 (Isabelle Thomas)). The opinion of the Committee on Regional Development of 30 October 2012 (FdR 917425) also contains such an amendment.

Article 349 TFEU reads as follows:

"Taking account of the structural social and economic situation of Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy, Saint-Martin, the Azores, Madeira and the Canary Islands, which is compounded by their remoteness, insularity, small size, difficult topography and climate, economic dependence on few products, the permanence and combination of which severely restrain their development, the Council, on a proposal from the Commission and after consulting the European Parliament, shall adopt specific measures aimed, in particular, at laying down the conditions of application of the Treaties to those regions, including common policies. Where the specific measures in question are adopted by the Council in accordance with a special legislative procedure, it shall also act on a proposal from the Commission and after consulting the European Parliament.

The measures referred to in the first paragraph concern in particular areas such as customs and trade policies, fiscal policy, free zones, agriculture and fisheries policies, conditions for supply of raw materials and essential consumer goods, State aids and conditions of access to structural funds and to horizontal Union programmes.

The Council shall adopt the measures referred to in the first paragraph taking into account the special characteristics and constraints of the outermost regions without undermining the integrity and the coherence of the Union legal order, including the internal market and common policies."

Analysis

Certain principles emerge from the case law of the Court as regards the choice of legal basis. First, in view of the consequences of the legal basis in terms of substantive competence and procedure, the choice of the correct legal basis is of constitutional importance[3]. Secondly, under Article 13(2) TEU, each institution is to act within the limits of the powers conferred upon it by the Treaty[4]. Thirdly, according to the case-law of the Court of Justice, "the choice of legal basis for a Community measure must rest on objective factors amenable to judicial review, including in particular the aim and the content of the measure"[5]. Finally, as regards multiple legal bases, if examination of a EU measure reveals that it pursues a twofold purpose or that it has a twofold component and if one of those is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, the act must be based on a single legal basis, namely that required by the main or predominant purpose or component[6]. On the other hand, where a measure has several contemporaneous objectives or components which are indissolubly linked with each other without one being secondary and indirect in respect of the others, the measure must be based on the various relevant Treaty provisions[7].

The objective of the instrument in question is the provision of financial measures for the implementation of the common fisheries policy.

1. Choice of legal basis by the Commission

The legal basis chosen by the Commission consists, on the one hand, of two provisions providing the legal basis for measures in the context of the common fisheries policy, on the other hand, of the provisions which form – again together with Article 43(2) TFEU – the legal basis for the IMP Regulation which is proposed to be replaced by the proposed regulation, i.e. Articles 91(1), 100(2) and 173(3), Articles 175 and 188, and Articles 192(1), 194(2) and 195(2) TFEU.

As for the choice of legal basis of the IMP Regulation, the Commission has – correctly – explained that no explicit legal basis in the Treaty exists, but that it covers many EU sectoral policies with a bearing on the seas and coasts. That is why the proposed legislative act is based on Article 43(2) (fisheries policy), Article 91(1) (transport policy) and 100(2) (sea and air transport), Article 173(3) (competitiveness of the Union's industry), Article 175 (economic policies), Article 188 (research and development programmes), Article 192(1) (environment), Article 194(2) (energy) and Article 195(2) (tourism). The respective legal bases all provide for the adoption of measures in accordance with the ordinary legislative procedure.

The proposal in question repeals the IMP Regulation by Article 152 of the initial Commission proposal and Article 129 of the modified Commission proposal, respectively.

At first sight, the legal basis chosen by the Commission thus adds, to the general legal basis for the common fisheries policy under which the proposal undoubtedly falls, the legal basis of the IMP Regulation. This legal basis chosen by the Commission thus appears to provide the appropriate legal basis for the proposal.

2. Addition of Article 349 TFEU

The question, now, is whether Article 349 needs to be included in the legal basis.

It is worth mentioning that, in this case, recourse to a dual legal basis would not be excluded from the outset on the ground that the procedures laid down for each legal basis are incompatible with one another[8]. The use of a dual legal basis has been held valid where it did not lead to an encroachment upon the European Parliament's rights. In this case, the other provisions constituting the legal basis of the proposal provide for the ordinary legislative procedure, whereas Article 349 foresees consultation of the Parliament only. The Court has held that, in such a case, the ordinary legislative procedure would prevail, as it involves greater participation of Parliament[9].

However, it has to be determined above all whether recourse to a dual legal basis is necessary, i.e. whether the measure in question has several contemporaneous objectives or components which are indissolubly linked with each other without one being secondary and indirect in respect of the others by way of the purposes and components that can be identified within the proposal.

It is true that the measures proposed concern to a certain extent outermost regions.

In particular, outermost regions are referred to in the following parts of the proposal:

– The definition of "integrated market policy" (Article 5(5)) mentions the outermost regions, next to coastal and insular regions, as an example of regions targeted.

– The proposal provides that the EMFF may support the compensation regime introduced by Council Regulation (EC) No 791/2007[10] for the additional costs incurred by the operators in the fishing, farming and marketing of certain fishery and aquaculture products from the Azores, Madeira, the Canary Islands, French Guiana, and Réunion (Chapter V, Articles 73-75 of the proposal). Corresponding budget allocations are dealt with in Article 15(5) of the proposal.

– Annex I provides for an addition to public aid intensity of 35 percentage points under Article 95 of the proposal for the outermost regions.

Also, amongst the 2766 amendments tabled, only two amendments (AMs 53 and 709) are aimed at adding a provision concerning outermost regions, namely an exemption of the prohibition of state aids for the production of fisheries products.

It can thus be concluded that the content of the proposed regulation, in itself, does not refer specifically to the objective of taking specific measures in order to take account of the structural and economic situation of the outermost regions. Insofar as market policy measures concerning outermost regions are allowed to be supported by the EMFF these are not established in the proposed regulation but in Council Regulation (EC) No 791/2007 which was, in turn, adopted on the basis of Article 37 EC Treaty (now Article 42 TFEU) and Article 299(2) EC Treaty (now Article 349 TFEU). The reference to outermost regions in Annex I concerns one of several similar increases of aid intensity ceilings for other operations. The amendments tabled do not change this assessment. Thus, it is not possible to identify the protection of outermost regions as an independent component alongside the common commercial policy such as to require recourse to a dual legal basis.

Furthermore, the wording of Article 349 clearly states that this provision provides for "specific measures aimed, in particular, at laying down the conditions of application of the Treaties to those regions, including common policies". Thus, the provision is drafted so as to provide a special legal basis for such measures. Nothing in its wording indicates that any regulation adopted on the basis of Article 43(2) TFEU which touches upon outermost regions would have to also include Article 349 TFEU in its legal basis, as long as the legal basis for the common agricultural policy covers the measures taken.

Recommendation of the Committee on Legal Affairs

The committee considered the above question at its meeting of 9 July 2013. At this meeting, it accordingly unanimously decided[11] to recommend that the appropriate legal basis for the proposed Regulation of the European Parliament and of the Council on the European Maritime and Fisheries Fund [repealing Council Regulation (EC) No 1198/2006 and Council Regulation(EC) No 861/2006 and Council Regulation No XXX/2011 on integrated maritime policy] is Article 42, Article 43(2), Article 91(1), Article 100(2), Article 173(3), Article 175, Article 188, Article 192(1), Article 194(2) and Article 195(2) TFEU, and that it is unnecessary to add Article 349 TFEU.

Yours sincerely,

Klaus-Heiner Lehne

• [1]  COM(2011)0425 – 2011/0195(COD) where political agreement has recently been reached.
• [2]  Regulation (EU) No 1255/2011 of the European Parliament and of the Council of 30 November 2011 establishing a Programme to support the further development of an Integrated Maritime Policy (OJ L 321, 5.12.2011, p. 1).
• [3]  Opinion 2/00 Carthagna Protocol [2001] ECR I-9713, para. 5; Case C-370/07 Commission v. Council [2009] E.C.R. I-8917, paras 46-49; Opinion 1/08, General Agreement on Trade in Services [2009] ECR I-11129, para. 110.
• [4]  Case C-403/05 Parliament v. Commission [2007] ECR I-9045, para. 49, and the case-law cited therein.
• [5]  See recently Case C-411/06 Commission v Parliament and Council [2009] ECR I-7585.
• [6]  Case C-42/97 Parliament v Council [1999] ECR I-868, paras. 39-40; Case-C 36/98 Spain v Council [2001] ECR I-779, para. 59; Case C-211/01 Commission v Council [2003] ECR I-8913, para. 39.
• [7]  Case C-165/87 Commission v. Council [1988] ECR 5545, para. 11; Case C-178/03 Commission v. European Parliament and Council [2006] ECR I-107, paras. 43-56.
• [8]  Case C-178/03 Commission v. European Parliament and Council [2006] ECR I-107, para. 57; Case C-300/89 Commission v Council ("Titanium dioxide") [1991] ECR I-2867, paras 17-25.
• [9]  Case C-155/07 European Parliament v Council [2008] ECR I-8103, paras. 75-79.
• [10]  Council Regulation (EC) No 791/2007 of 21 May 2007 introducing a scheme to compensate for the additional costs incurred in the marketing of certain fishery products from the outermost regions the Azores, Madeira, the Canary Islands, French Guiana and Réunion (OJ L 176, 6.7.2007, p. 1). This Regulation was adopted on the basis of Article 37 EC Treaty (now Article 42 TFEU) and Article 299(2) EC Treaty (now Article 349 TFEU).
• [11]  The following were present for the final vote: Raffaele Baldassarre (Vice-Chair), Luigi Berlinguer, Sebastian Valentin Bodu (Vice-Chair), Piotr Borys, Françoise Castex (Vice-Chair), Christian Engström, Giuseppe Gargani, Lidia Joanna Geringer de Oedenberg, Sajjad Karim, Klaus-Heiner Lehne (Chair), Jörg Leichtfried (pursuant to Rule 187(2)), Eva Lichtenberger, Antonio López-Istúriz White, Jiří Maštálka, Bernhard Rapkay, Rebecca Taylor, Alexandra Thein, Axel Voss, Cecilia Wikström, Tadeusz Zwiefka, and Anna Záborská (pursuant to Rule 187(2)).

OPINION of the Committee on Budgets (19.12.2012)

for the Committee on Fisheries

on the proposal for a regulation of the European Parliament and of the Council on the European Maritime and Fisheries Fund (repealing Council Regulation (EC) No 1198/2006 and Council Regulation(EC) No 861/2006 and Council Regulation No XXX/2011 on integrated maritime policy
(COM(2011)0804 – C7‑0460/2011 – 2011/0380(COD))

Rapporteur: François Alfonsi

SHORT JUSTIFICATION

The general objective of the European Maritime and Fisheries Fund (EMFF) is to support the objectives of the CFP, a policy on which the EU has exclusive competence, and to further develop the EU Integrated Maritime Policy. The objectives are based on promoting sustainable and competitive fisheries and aquaculture, fostering the development and implementation of the Union's Integrated Maritime Policy, in a complementary manner to cohesion policy and to CFP, promoting a balanced and inclusive territorial development of fisheries areas and contributing to the implementation of the CFP.

In line with the Europe 2020 strategy, the broad objectives for 2014-2020 are translated into Union priorities for the EMFF, which are structured around 4 pillars, such as Smart, Green Fisheries to foster the transition to sustainable fishing, Smart, Green Aquaculture to achieve economically viable, competitive and green aquaculture, Sustainable and Inclusive Territorial Development to reverse the decline of many coastal and inland communities dependent on fishing and Integrated Maritime Policy to support those cross cutting priorities which generate savings and growth.

In the next financial period the EMFF should as a key contribution support the transition to sustainable fishing, based on maximum sustainable yields, the elimination of discards and the reduction of the impact of fisheries on the marine environment, whilst also promoting aquaculture with high levels of environmental protection and an increased coordination of maritime policies. This should all lead to more sustainable use of resources.

By promoting social cohesion and job creation in fisheries dependent communities the EMFF will add more value to fisheries and foster diversification into other maritime sectors.

The community-led approach to the sustainable development of fisheries areas will be reinforced. EMFF also recognises for the first time the role of women through legal recognition, as they can benefit inter alia from EMFF support for training, in particular for the acquisition of skills linked to entrepreneurship and business management. Moreover, human capital and diversification will be strengthened by enabling local communities to acquire skills needed for entering new activities emerging in other maritime sectors.

Another important part is the transition to Maximum Sustainable Yield (MSY) and to facilitate the gradual introduction of a discard ban through the integral approach, involving measures such as support for more selective gears and fishing techniques, investment in equipment on board and port facilities necessary for the use of unwanted catches, marketing measures and processing. With the same objective, the financial allocation to data collection and scientific advice and to control expenditure (to ensure better compliance) will be substantially increased.

An EMFF during the years of 2014-2020 is indispensible and a substantial strengthening of the fisheries sector, also with regard to its financial envelope, is essential.

MFF proposed ceiling for the EU fisheries sector in heading 2, in EUR mio.

Heading 2	MFF 2007 - 2013	MFF 2014 - 2020	difference 2014-2020 vs 2007-2013
European Maritime and Fisheries Fund	6.730	6.912	+2.7%

AMENDMENTS

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

Amendment  1 Draft legislative resolution Paragraph 1 a (new)
Draft legislative resolution	Amendment
	1a. Points out that the financial envelope specified in the legislative proposal is only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020;
Amendment  2 Draft legislative resolution Paragraph 1 b (new)
Text proposed by the Commission	Amendment
	1b. Recalls its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe1; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities, in particular those linked to the EU2020 strategy, and the new tasks provided for by the Treaty of Lisbon, as well as to respond to unforeseen events; points out that, even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level, only a limited contribution can be made to the achievement of the Union's agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value;
	____________
	1 Texts adopted, P7_TA(2011)0266.
Amendment  3 Draft legislative resolution Paragraph 1 c (new)
Text proposed by the Commission	Amendment
	1c. Recalls that, in its resolution of 8 June 2011, it stressed that fisheries resources constitute a public good vital for global food security; Parliament pointed to the fact that the fisheries and aquaculture sector and related activities were often the main source of livelihood and sustainable employment in coastal, island and remote regions; it furthermore considered that, in order to achieve its medium and long-term goals (stable, sustainable and viable fisheries sector), recovery of its fish stocks and tackling the social aspects linked to the reduction of fishing effort, the reformed Common Fisheries Policy (CFP) would need adequate financial resources post 2013;
	______________
	1 Texts adopted, P7_TA(2011)0266.
Amendment  4 Draft legislative resolution Paragraph 1 d (new)
Text proposed by the Commission	Amendment
	1d. Recalls that, in its resolution of 8 June 2011, the European Parliament recognised the need for increased coordination with cohesion policy, it underlined that the European Fisheries Fund should be used to support sustainable fishery practices, in accordance with the maximum sustainable yield principle, as well as to conserve marine ecosystems while paying special attention to the small scale fisheries sector;
Amendment  5 Proposal for a regulation Recital 9
Text proposed by the Commission	Amendment
(9) It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union’s environmental policy and the Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield, not later than 2015. The CFP shall implement the precautionary and eco-system approaches to fisheries management. Consequently the EMFF should contribute to the protection of the marine environment as set out in the Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive).	(9) It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union's environmental policy and the Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks of harvested species above levels which can produce the maximum sustainable yield, not later than 2015. The CFP shall implement the precautionary and ecosystem approaches to fisheries management. Consequently the EMFF should contribute to the protection of the marine environment as set out in Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive).
Amendment  6 Proposal for a regulation Recital 11 a (new)
Text proposed by the Commission	Amendment
	(11a) The financing should be as defined in point 17 of the Interinstitutional Agreement of XX/201Z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management.
Amendment  7 Proposal for a regulation Recital 11 b (new)
Text proposed by the Commission	Amendment
	(11b) Any financing should be without prejudice to the provisions of the Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management.
Amendment  8 Proposal for a regulation Recital 18
Text proposed by the Commission	Amendment
(18) The achievement of the objectives of the CFP would also be undermined if Union financial assistance under EMFF is paid to Member States who do not comply with their obligations under the CFP rules related to the public interest of conservation of marine biological resources, such as collecting data and implementing the control obligations. Moreover, without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the Member States.	(18) The achievement of the objectives of the CFP would also be undermined if Union financial assistance under EMFF is paid to Member States which do not comply with their obligations under the CFP rules related to the public interest of conservation of marine biological resources, such as collecting data, ensuring that there is an effective balance between fishing capacity and fishing opportunities, and implementing the control obligations. Moreover, without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the Member States.
Amendment  9 Proposal for a regulation Recital 35
Text proposed by the Commission	Amendment
Conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities, the EMFF should help diversification by covering business start-ups and investments for the retrofitting of their vessels, in addition to the relevant training to acquire professional skills in the relevant field outside fishing activities.	Conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities and taking into account the local traditions, the EMFF should help diversification by covering business start-ups and investments for the retrofitting of their vessels, in addition to the relevant training to acquire professional skills in the relevant field outside fishing activities respecting traditional and historical communities.
Amendment  10 Proposal for a regulation Recital 38
Text proposed by the Commission	Amendment
The introduction of the transferable fishing concessions systems should make the sector more competitive. Consequently, there may be a need for new professional opportunities outside the fishing activities. Therefore, the EMFF should support the diversification and job creation in fishing communities in particular by supporting business start-ups and the reassignment of vessels for maritime activities outside fishing activities of small scale coastal fishing vessels. This last operation seems to be appropriate as the small scale coastal fishing vessels are not covered by the transferable fishing concessions systems.	The introduction of the transferable fishing concessions systems should make the sector more competitive and more sustainable. Consequently, there may be a need for new professional opportunities outside the fishing activities respecting traditional and historical communities. Therefore, the EMFF should support the diversification and job creation in fishing communities in particular by supporting business start-ups and the reassignment of vessels for maritime activities outside fishing activities of small scale coastal fishing vessels. This last operation seems to be appropriate as the small scale coastal fishing vessels are not covered by the transferable fishing concessions systems.
Amendment  11 Proposal for a regulation Recital 40 a (new)
Text proposed by the Commission	Amendment
	(40a) Overcapacity and overfishing is the major problem in European fisheries today. No EMFF funds should be used for decommissioning, new building or modernisation that would increase a vessel’s fishing capacity and fishing ability. The EMFF must not subsidise overfishing.
Amendment  12 Proposal for a regulation Recital 40 b (new)
Text proposed by the Commission	Amendment
	(40b) Member States which do not fulfil their data collection and transmission obligations or fail to report their actual fishing fleet and capacity should be sanctioned by freezing and/or decreasing funds from the EMFF.
Amendment  13 Proposal for a regulation Article 6 – paragraph 1 – point 2 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) entry of new fishermen starting up in fishing;
Amendment  14 Proposal for a regulation Article 6 – paragraph 1 – point 2 – point c
Text proposed by the Commission	Amendment
(c) development of new professional skills and lifelong learning;	(c) vocational training and development of new professional skills and lifelong learning;
Amendment  15 Proposal for a regulation Article 15 – paragraph 1
Text proposed by the Commission	Amendment
1. The resources available for commitments from the EMFF for the period 2014 to 2020 under shared management shall be EUR 5 520 000 000 in current prices in accordance with the annual breakdown set out in Annex II.	1. The indicative amount available for commitments from the EMFF for the period 2014 to 2020 under shared management shall be EUR 5 520 000 000 in constant 2011 prices in accordance with the indicative annual breakdown set out in Annex II.
Amendment  16 Proposal for a regulation Article 15 – paragraph 3
Text proposed by the Commission	Amendment
3. EUR 477 000 000 of the resources referred to in paragraph (1) shall be allocated to control and enforcement measures referred to in Article 78.	3. A minimum of EUR 477 000 000 of the resources referred to in paragraph 1 shall be allocated to control and enforcement measures referred to in Article 78.
Amendment  17 Proposal for a regulation Article 15 – paragraph 4
Text proposed by the Commission	Amendment
4. EUR 358 000 000 of the resources referred to in paragraph (1) shall be allocated to measures on data collection referred to in Article 79.	4. A minimum of EUR 358 000 000 of the resources referred to in paragraph 1 shall be allocated to measures on data collection referred to in Article 79.
Amendment  18 Proposal for a regulation Article 15 – paragraph 6
Text proposed by the Commission	Amendment
6. EUR 45 000 000 of the resources referred to in paragraph (1) shall be allocated to the storage aid referred to in Article 72 from 2014 to 2018 included.	6. A maximum of EUR 45 000 000 of the resources referred to in paragraph 1 may be allocated to the storage aid referred to in Article 72 from 2014 to 2018 inclusive.
Amendment  19 Proposal for a regulation Article 16 a (new)
Text proposed by the Commission	Amendment
	Article 16a
	1. The overall indicative financial reference amount as defined in the point [17] of the Interinstitutional Agreement of xx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management for the implementation of the Programme for the period 2014 to 2020 shall be EUR 6 567 000 000 in 2011 constant prices.
	2. Annual appropriations shall be authorised by the budgetary authority without prejudice to the provisions of the Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement xxx/201z between the European Parliament, Council and the Commission on cooperation in budgetary matters and sound financial management.
Amendment  20 Proposal for a regulation Article 16 – paragraph 1
Text proposed by the Commission	Amendment
An amount of EUR 1 047 000 000 of the EMFF shall allocated to measures under direct management as specified in Chapter I and II of Title VI. This amount includes technical assistance under Article 91.	An indicative amount of EUR 1 047 000 000 in constant 2011 prices shall be allocated to measures under direct management as specified in Chapters I and II of Title VI. This amount includes technical assistance under Article 91.
Amendment  21 Proposal for a regulation Article 30 ‑ paragraph 1 ‑ point a
Text proposed by the Commission	Amendment
(a) the creation of a network composed by one or more independent scientific bodies and fishermen or one or more organisations of fishermen;	(a) the creation of a network composed by one or more independent scientific bodies, including NGOs, and fishermen or one or more organisations of fishermen in particular the small-scale coastal fisheries;
Amendment  22 Proposal for a regulation Article 34
Text proposed by the Commission	Amendment
Article 34	deleted
Support to systems of transferable fishing concessions of the CFP
1. In order to establish or modify systems of transferable fishing concessions under Article 27 of the [Regulation on the CFP], the EMFF may support:
(a) the design and development of technical and administrative means necessary for the creation or functioning of a transferable fishing concessions system;
(b) stakeholder participation in designing and developing transferable fishing concessions systems;
(c) the monitoring and evaluation of transferable fishing concessions systems;
(d) the management of transferable concessions systems.
2. Support under paragraph 1 (a), (b) and (c) shall only be granted to public authorities. Support under paragraph 1 (d) of this Article shall be granted to public authorities legal or natural persons or recognized producer organizations involved in collective management of pooled transferable fishing concessions in accordance with Article 28(4) of the Regulation on Common Fisheries.
Amendment  23 Proposal for a regulation Article 45 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	1a. The EMFF shall provide a financial contribution for development and innovation activities in aquaculture implemented under multiannual strategic plans drawn up by Member States.
Amendment  24 Proposal for a regulation Article 79 – paragraph 2 – point a
Text proposed by the Commission	Amendment
(a) the management and use of data for the purpose of scientific analysis and CFP implementation;	(a) the management and use of data for the purpose of scientific and socio-economic analysis and CFP implementation;
Amendment  25 Proposal for a regulation Article 85 – paragraph 1
Text proposed by the Commission	Amendment
1. The EMFF may support the provision of scientific deliverables, particularly applied-research projects directly linked to the provision of scientific opinions and advice, for the purpose of sound and efficient fisheries management decisions under the CFP.	1. The EMFF may support the provision of scientific deliverables, particularly applied-research projects directly linked to the provision of scientific and socio-economic opinions and advice, for the purpose of sound and efficient fisheries management decisions under the CFP.

PROCEDURE

Title	European Maritime and Fisheries Fund (repeal of Council Regulations (EC) No 1198/2006, (EC) No 861/2006 and (EC) No XXX/2011 on integrated maritime policy)
References	COM(2011)0804 – C7-0460/2011 – 2011/0380(COD)
Committee responsible        Date announced in plenary	PECH 15.12.2011
Opinion by        Date announced in plenary	BUDG 15.12.2011
Rapporteur        Date appointed	François Alfonsi 6.2.2012
Date adopted	18.12.2012
Result of final vote	+: –: 0:	26 3 2
Members present for the final vote	Marta Andreasen, Richard Ashworth, Zuzana Brzobohatá, Jean-Luc Dehaene, Göran Färm, José Manuel Fernandes, Eider Gardiazábal Rubial, Jens Geier, Ivars Godmanis, Ingeborg Gräßle, Lucas Hartong, Monika Hohlmeier, Anne E. Jensen, Ivailo Kalfin, Jan Kozłowski, Alain Lamassoure, Jan Mulder, Vojtěch Mynář, Juan Andrés Naranjo Escobar, Dominique Riquet, Alda Sousa, Derek Vaughan, Angelika Werthmann
Substitute(s) present for the final vote	François Alfonsi, Maria Da Graça Carvalho, Gerben-Jan Gerbrandy, Jaroslav Paška, Paul Rübig, Peter Šťastný, Georgios Stavrakakis, Gianluca Susta

PROCEDURE

Title	European Maritime and Fisheries Fund (repeal of Council Regulations (EC) No 1198/2006, (EC) No 861/2006 and (EC) No XXX/2011 on integrated maritime policy)
References	COM(2011)0804 – C7-0460/2011 – 2011/0380(COD)
Committee responsible        Date announced in plenary	PECH 15.12.2011
Opinion by        Date announced in plenary	BUDG 15.12.2011
Rapporteur        Date appointed	François Alfonsi 6.2.2012
Date adopted	18.12.2012
Result of final vote	+: –: 0:	26 3 2
Members present for the final vote	Marta Andreasen, Richard Ashworth, Zuzana Brzobohatá, Jean-Luc Dehaene, Göran Färm, José Manuel Fernandes, Eider Gardiazábal Rubial, Jens Geier, Ivars Godmanis, Ingeborg Gräßle, Lucas Hartong, Monika Hohlmeier, Anne E. Jensen, Ivailo Kalfin, Jan Kozłowski, Alain Lamassoure, Jan Mulder, Vojtěch Mynář, Juan Andrés Naranjo Escobar, Dominique Riquet, Alda Sousa, Derek Vaughan, Angelika Werthmann
Substitute(s) present for the final vote	François Alfonsi, Maria Da Graça Carvalho, Gerben-Jan Gerbrandy, Jaroslav Paška, Paul Rübig, Peter Šťastný, Georgios Stavrakakis, Gianluca Susta

OPINION of the Committee on Employment and Social Affairs (16.10.2012)

for the Committee on Fisheries

on the proposal for a regulation of the European Parliament and of the Council on the European Maritime and Fisheries Fund [repealing Council Regulation (EC) No 1198/2006 and Council Regulation (EC) No 861/2006 and Council Regulation (EC) No XXX/2011 on integrated maritime policy]
(COM(2011)0804 – C7‑0460/2011 – 2011/0380(COD))

Rapporteur: Veronica Lope Fontagné

SHORT JUSTIFICATION

The European Maritime and Fisheries Fund (EMFF) is the Union's new instrument for financing the common fisheries policy (CFP) and integrated maritime policy (IMP) from 2014 to 2020.

The EMFF is part of the Europe 2020 strategy and is to contribute to achieving the common objectives of the Union under three flagship initiatives: i) a resource efficient Europe, ii) an innovation union and iii) the agenda for new skills and jobs.

The EMFF also falls within the wider context of cohesion policy and shares the same objectives and priorities as the other funds, the aim being to promote integrated use of the available resources.

The Commission's proposal for a regulation seeks to incorporate a more significant social dimension into the EMFF. The text of the regulation includes a number of elements that focus on this aspect, to which others might be added.

The EMFF must promote job creation and social cohesion, particularly in fisheries-dependent communities, whilst also allowing diversification into other maritime sectors.

The EMFF must therefore promote human capital and foster diversification by enabling fishermen to acquire training to enter new activities emerging in other maritime sectors. It should further be established that the EMFF can also finance instruments and activities designed to anticipate the skills that will be required.

Improved health and safety for fishermen and other fishing sector workers, through investment on board, in individual equipment or in infrastructure, as well as health and safety training, is another key aspect that will require financing from the Fund.

In the Commission proposal, the EMFF also recognises for the first time the role that spouses, mostly women, often play in family fishing businesses. They will be able to benefit from EMFF support for training, in particular for the acquisition of skills linked to entrepreneurship and business management. Spouses should also be encouraged to participate in the social dialogue and in the community-led approach.

Specific aid is to be provided for innovation; it should be made clear that this aid must include social innovation aimed at promoting new solutions to social problems.

The EMFF may also be used to strengthen the community-led approach to the sustainable development of fishing areas, and it should be stressed in this context that all stakeholders must be represented in the decision-making process.

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on Fisheries, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Proposal for a regulation Recital 1 a (new)
Text proposed by the Commission	Amendment
	(1a) The fishing industry is of immense strategic importance to the socio-economic situation, as well as for the supply of fish to the public and for a stable food balance in Member States and within the European Union (EU) itself, and also makes a substantial contribution in terms of the socio-economic well-being of coastal communities, local development, employment, preserving and creating economic activities and jobs upstream and downstream, supplying fresh fish, and keeping alive local cultural traditions.
Amendment  2 Proposal for a regulation Recital 2
Text proposed by the Commission	Amendment
(2) The scope of the EMFF should cover the support of the CFP which extends to conservation, management and exploitation of marine biological resources, fresh water biological resources and- aquaculture, as well as to the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States, or in Union waters, including by fishing vessels flying the flag of, and registered in, third countries, or by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea.	(2) The scope of the EMFF should co