Report - A8-0060/2014Report
A8-0060/2014
European Parliament

    REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009 and repealing (EC) No 1434/98 as regards the landing obligation

    11.12.2014 - (COM(2013)0889 – C7‑0465/2013 – 2013/0436(COD)) - ***I

    Committee on Fisheries
    Rapporteur: Alain Cadec


    Procedure : 2013/0436(COD)
    Document stages in plenary
    Document selected :  
    A8-0060/2014
    Texts tabled :
    A8-0060/2014
    Debates :
    Votes :
    Texts adopted :

    DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

    on the proposal for a regulation of the European Parliament and of the Council amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009 and repealing (EC) No 1434/98 as regards the landing obligation

    (COM(2013)0889 – C7 0465/2013 – 2013/0436(COD))

    (Ordinary legislative procedure: first reading)

    The European Parliament,

    –       having regard to the Commission proposal to Parliament and the Council (COM(2013)0889),

    –       having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0465/2013),

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

    –      having regard to the opinion of the European Economic and Social Committee of 29 April 2014[1],

    –       having regard to Rule 59 of its Rules of Procedure,

    –       having regard to the report of the Committee on Fisheries (A8-0060/2014),

    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

    Proposal for a regulation

    Title

    Text proposed by the Commission

    Amendment

    Proposal for a Regulation of the European Parliament and of the Council amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009 and repealing (EC) No 1434/98 as regards the landing obligation

    Proposal for a Regulation of the European Parliament and of the Council amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, No 254/2002, (EC) No 2347/2002, (EC) No 1224/2009 and (EU) No 1380/2013 and repealing (EC) No 1434/98 as regards the landing obligation

    Justification

    According to the Commission, it is not legally possible to include technical measures of any kind in regional discard plans. The inability to include measures such as changes in mesh sizes or temporary spatial closures to protect juveniles will jeopardize the effective implementation of the landing obligation. This amendment seeks to remedy that scenario by including amendments to Council Regulation (EC) No 1380/2013.

    Amendment  2

    Proposal for a regulation

    Recital 1

    Text proposed by the Commission

    Amendment

    (1) Regulation (EU) No [xxxx] has a central objective of the progressive elimination of discards in all EU fisheries through the introduction of a landing obligation for catches of species subject to catch limits and species covered by minimum sizes in the Mediterranean. In order to make this landing obligation operational certain provisions within the current technical measures and control regulations run contrary to the landing obligation and oblige fishermen to discard fish and should be removed or amended.

    (1) Regulation (EU) No [xxxx] has a central objective of the progressive elimination of discards in all EU fisheries through the introduction of a landing obligation for catches of species subject to catch limits and species covered by minimum sizes in the Mediterranean. In order to make this landing obligation operational for the fisheries concerned on 1 January 2015, certain provisions within the current technical measures and control regulations run contrary to the landing obligation and oblige fishermen to discard fish and should be removed or amended.

    Justification

    Under Article 15 of Regulation EU No 1380/2013, the landing obligation is only to be applied as from 1 January 2015 and for certain species.

    Amendment  3

    Proposal for a regulation

    Recital 1 a (new)

    Text proposed by the Commission

    Amendment

     

    (1a) The fact that the elimination of discards is being implemented progressively means that the necessary amendment of certain provisions within the current technical measures and control regulations can likewise be made progressively and, indeed, general principles of good law-making suggest that proceeding on a step-by-step basis is more likely to result in properly drafted legislation.

    Amendment  4

    Proposal for a regulation

    Recital 1 b (new)

    Text proposed by the Commission

    Amendment

     

    (1b) In order to provide for the inclusion of technical conservation measures in the implementation of regional discard plans, Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC should be amended.

    Amendment  5

    Proposal for a regulation

    Recital 2

    Text proposed by the Commission

    Amendment

    (2) A new technical measures framework is awaited pending the reform of the Common Fisheries Policy (CFP). The unlikelihood that such a new framework will be in place by the start of 2015 when the landing obligation will be first introduced justifies the amendment or removal of certain elements of the current technical measures regulations to remove the incompatibility between these regulations and the landing obligation.

    (2) Certain elements of the current technical measures regulations should be amended or removed to remove the incompatibility between these regulations and the landing obligation.

    Justification

    Update highlighting the fact that the reform of the common fisheries policy has already been adopted.

    Amendment  6

    Proposal for a regulation

    Recital 2 a (new)

    Text proposed by the Commission

    Amendment

     

    (2a) The landing obligation constitutes a radical change for fisheries, and 2015 will be a test year in terms of implementing that change. Lessons should be drawn from this when implementing the obligation in the fisheries concerned after 2015.

    Amendment  7

    Proposal for a regulation

    Recital 2 b (new)

    Text proposed by the Commission

    Amendment

     

    (2b) The current wording of Article 15(5) of Regulation (EU) No 1380/2013 concerning the possibility of incorporating technical measures strictly linked to the landing obligation into the discard plans to allow for increased selectivity and for unintended catches of marine organisms to be reduced as far as possible needs to be clarified.

    Amendment  8

    Proposal for a regulation

    Recital 2 c (new)

    Text proposed by the Commission

    Amendment

     

    (2c) One of the potential undesirable effects of the landing obligation could be the development of activities specifically devoted to catching marine organisms that are not of the required size, for uses other than human consumption. The development of such parallel activities should be prevented.

    Justification

    The Commission proposal does not allow certain undesirable effects of the landing obligation to be prevented. The possible emergence of a parallel market in juvenile organisms that cannot be monitored is a particular cause for concern.

    Amendment  9

    Proposal for a regulation

    Recital 3

    Text proposed by the Commission

    Amendment

    (3) In particular, in order to ensure the implementation of the landing obligation Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms should be amended by requiring that all unintended catches of marine organisms subject to the landing obligation and caught in excess of catch composition rules should be landed and counted against quotas; by replacing minimum landing sizes for marine organisms subject to the landing obligation with minimum conservation reference sizes; and by requiring all unintended catches of marine organisms caught in excess of bycatch provisions in specific areas, at specific times and for specified gear types to be landed and counted against quotas.

    (3) In particular, in order to ensure the implementation of the landing obligation for species to which that obligation applies as from 1 January 2015, Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms should be amended by requiring that all unintended catches of marine organisms subject to the landing obligation and caught in excess of catch composition rules should be landed and counted against quotas; by replacing minimum landing sizes for marine organisms subject to the landing obligation with minimum conservation reference sizes; and by requiring all unintended catches of marine organisms caught in excess of bycatch provisions in specific areas, at specific times and for specified gear types to be landed and counted against quotas.

    Justification

    Under Article 15 of Regulation EU No 1380/2013, the landing obligation is only to be applied as from 1 January 2015 and for certain species.

    Amendment  10

    Proposal for a regulation

    Recital 4

    Text proposed by the Commission

    Amendment

    (4) In addition, in order to ensure legal certainty, provisions relating to an area closure for the protection of juvenile haddock in ICES division VIb should be amended.

    deleted

    Justification

    This technical measure added by the Commission is not directly connected with the landing obligation. Since this Regulation seeks to ensure strict implementation of the landing obligation, there is no need for it to include this technical measure, which will fit into the review of technical measures currently being prepared by the Commission.

    Amendment  11

    Proposal for a regulation

    Recital 8

    Text proposed by the Commission

    Amendment

    (8) In order to ensure the implementation of the landing obligation Council Regulation (EC) No 254/2002 establishing measures to be applicable in 2002 for the recovery of the stocks of cod in the Irish Sea (ICES division VIIa should be amended by requiring that in the trawl fishery for queen scallop that all unintentional catches of marine organisms subject to the landing obligation caught in excess of permitted by catch percentages should be landed and counted against quotas.

    deleted

    Justification

    The article in question has been deleted in order to fit with the stepwise introduction of the landing obligation as set out in Article 15 of Regulation (EU) No 1380/2013. Indeed, the landing obligation will only apply to cod caught in the Irish Sea from 2016 or 2019.

    Amendment  12

    Proposal for a regulation

    Recital 9

    Text proposed by the Commission

    Amendment

    (9) In order to ensure the implementation of the landing obligation Council Regulation (EC) No 2347/2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks should be amended by requiring all catches of deep-sea species should be landed and counted against quotas.

    deleted

    Justification

    The article in question has been deleted in order to fit with the stepwise introduction of the landing obligation as set out in Article 15 of Regulation (EU) No 1380/2013. Indeed, the landing obligation will only apply to deep-sea stocks as from 2016.

    Amendment  13

    Proposal for a regulation

    Recital 10

    Text proposed by the Commission

    Amendment

    (10) In order to ensure the implementation of the landing obligation Control Regulation (EC) 1224/2009 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 should be amended to ensure monitoring of the landing obligation. For this purpose fishing authorisations should apply to fisheries subject to a landing obligation ; data on catches of all species shall be recorded irrespective of a weight threshold; data on catches below minimum conservation reference sizes should be recorded separately; in view of the difficulty to establish the exact quantity of small catches on board a fishing vessel a higher margin of tolerance should apply for estimates of small catches in logbooks and transhipment declarations; rules for remote electronic monitoring (REM) should be established for the recording of data for monitoring the landing obligation at sea; rules on a separate stowage of catches and control of marketing of catches below minimum conservation reference sizes should be set up; and the conditions for the use of control observers for monitoring purposes should be defined.

    (10) In order to ensure the implementation of the landing obligation Control Regulation (EC) 1224/2009 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 should be amended to ensure monitoring of the landing obligation. Catches of all species should be recorded above a weight threshold of 50 kg; data on catches below minimum conservation reference sizes should be recorded separately; in view of the difficulty to establish the exact quantity of small catches on board a fishing vessel a higher margin of tolerance should apply for estimates of small catches in logbooks and transhipment declarations; Member States’ prerogatives as regards monitoring and verifying compliance with the landing obligation at sea should be respected; rules on a separate stowage of catches and control of marketing of catches below minimum conservation reference sizes should be set up; and the conditions for the use of control observers for monitoring purposes should be defined.

    Amendment  14

    Proposal for a regulation

    Recital 10 a (new)

    Text proposed by the Commission

    Amendment

     

    (10a) The technical and human means of control must be compatible with the rights of the crew under labour law and with regard to personal portrayal and the protection of privacy.

    Amendment  15

    Proposal for a regulation

    Recital 11

    Text proposed by the Commission

    Amendment

    (11) As discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems and as a general observance of the landing obligation by operators is essential for its success a violation of the landing obligation should be defined as a serious infringement. The introduction of the landing obligation in combination with certain new inter-annual quota flexibility rules, requires adjustment of the rules on the deduction of quotas and effort.

    (11) As discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems and as a general observance of the landing obligation by operators is essential for its success a violation of the landing obligation should be defined as a serious infringement. Nevertheless, bearing in mind the fundamental change that this will involve for fisheries, a two‑year adaptation period should be granted, during which infringements of the landing obligation are not considered to be serious infringements. The introduction of the landing obligation in combination with certain new inter-annual quota flexibility rules, requires adjustment of the rules on the deduction of quotas and effort.

    Justification

    Gradual implementation between now and 2019 would enable fishermen to adapt.

    Amendment  16

    Proposal for a regulation

    Recital 12

    Text proposed by the Commission

    Amendment

    (12) Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009 should therefore be amended accordingly.

    (12) Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) 1967/2006, (EC) No 1098/2007 and (EC) No 1224/2009 should therefore be amended accordingly.

    Justification

    The rapporteur suggests eliminating the changes to the two regulations in question as the landing obligation does not apply to the species concerned as from 2015, but from a later date.

    Amendment 17

    Proposal for a regulation

    Chapter -1 – Article -1 (new)

    Regulation (EC) No 1380/2013

    Article 15 – paragraph 5 – point a

     

    Present text

    Amendment

     

    Chapter -1

     

    Basic Regulation

     

    Article -1

     

    Amendment to Regulation (EU) No 1380/2013

     

    Regulation (EU) No 1380/2013 is amended as follows:

     

    In Article 15(5), point (a) is replaced by the following:

    (a) specific provisions regarding fisheries or species covered by the landing obligation referred to in paragraph 1;

    "(a) specific provisions regarding fisheries or species covered by the landing obligation referred to in paragraph 1, such as the technical measures referred to in points (a) to (e) of Article 7(2), aimed at increasing gear selectivity or reducing and as far as possible eliminating unwanted catches;"

    Amendment  18

    Proposal for a regulation

    Article 1 – paragraph 1 – point 1

    Regulation (EC) No 850/98

    Article 3 – point i

     

    Text proposed by the Commission

    Amendment

    "(i) Unintended catches shall mean incidental catches of marine organisms the fishing for which is prohibited in the relevant circumstances."

    "(i) 'Unintended catches' shall mean incidental catches of marine organisms which, under Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council*, must be landed and counted against quotas either because they are smaller than the minimum conservation reference size or because they exceed the quantities permitted under the catch composition rules.

     

    ___________

     

    * Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22)."

    Amendment  19

    Proposal for a regulation

    Article 1 – paragraph 1 – point 2 – point b

    Regulation (EC) No 850/98

    Article 4 – paragraph 4 – point a

     

    Text proposed by the Commission

    Amendment

    "By way of derogation from the first subparagraph, landings shall not be prohibited where the conditions established in Annex X cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted against quotas."

    "By way of derogation from the first subparagraph, the catch composition rules set out in Annex X to this Regulation shall not apply in the case of fisheries to which the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 applies as from 1 January 2015. Unintended catches in the fisheries concerned shall be landed and counted against quotas."

    Amendment  20

    Proposal for a regulation

    Article 1 – paragraph 1 – point 2 – point c

    Regulation (EC) No 850/98

    Article 4 – paragraph 4 – point b

     

    Text proposed by the Commission

    Amendment

    "By way of derogation from the first subparagraph, landings shall not be prohibited where the conditions established in Annex I to V cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted against quotas."

    "By way of derogation from the first subparagraph, the catch composition rules set out in Annexes I to V to this Regulation shall not apply in the case of fisheries to which the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 applies as from 1 January 2015. Unintended catches in the fisheries concerned shall be landed and counted against quotas."

    Amendment  21

    Proposal for a regulation

    Article 1 – paragraph 1 – point 4

    Regulation (EC) No 850/98

    Article 7 – paragraph 5

     

    Text proposed by the Commission

    Amendment

    4) In Article 7(5), the following subparagraph is added:

    deleted

    "The first subparagraph shall not apply where the crustaceans of the species Pandalus are subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. However, it shall be prohibited to fish for those crustaceans with nets referred to in the first subparagraph which are not equipped in accordance with that subparagraph. Unintended catches taken with such nets shall be landed and counted against quotas."

     

    Justification

    This subparagraph concerns the Pandalus, which is a species that will only be subject to the landing obligation after 2016.

    Amendment 22

    Proposal for a regulation

    Article 1 – paragraph 1 – point 5

    Regulation (EC) No 850/98

    Article 10

     

    Text proposed by the Commission

    Amendment

    5) In Article 10, the following subparagraph is added:

    deleted

    "By way of derogation from point (b) of the first subparagraph, the retention on board and landing shall not be prohibited where the minimum percentage of bivalve molluscs cannot be achieved because of unintended catches of marine organisms subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Those unintended catches shall be landed and counted against quotas."

     

    Justification

    This subparagraph concerns demersal fisheries, which will only be subject to the landing obligation after 2016.

    Amendment  23

    Proposal for a regulation

    Article 1 – paragraph 1 – point 6

    Regulation (EC) No 850/98

    Article 11 – paragraph 1– point a

     

    Text proposed by the Commission

    Amendment

    "By way of derogation from point (a) of the first subparagraph, the use or keeping on board of bottom set gillnets, entangling nets or trammel nets shall not be prohibited where the conditions established in that point (a) cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted against quotas."

    "By way of derogation from point (a) of the first subparagraph, the catch composition rules set out in Annexes VI and VII to this Regulation shall not apply in the case of fisheries to which the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 applies as from 1 January 2015. Unintended catches in the fisheries concerned shall be landed and counted against quotas."

    Amendment  24

    Proposal for a regulation

    Article 1 – paragraph 1 – point 8

    Regulation (EC) No 850/98

    Article 15 – paragraph 3

     

    Text proposed by the Commission

    Amendment

    3. Before they start fishing in any management area on a specific fishing trip, masters of fishing vessels shall ensure they have quotas for stocks subject to catch limits that are sufficient to cover their likely catch composition and the permitted percentages during that trip."

    deleted

    Justification

    Skippers cannot guarantee they have sufficient quotas to cover their likely catch composition during fishing trips. The very nature of fishing operations mean it is impossible to forecast the volumes of fish that will be taken during a specific fishing trip.

    Amendment  25

    Proposal for a regulation

    Article 1 – paragraph 1 – point 10

    Regulation (EC) No 850/98

    Article 19 – paragraph 2

     

    Text proposed by the Commission

    Amendment

    2. Undersized marine organisms, which do belong to a species subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx] shall be retained on board, landed and counted against quotas. They shall not be sold, displayed or offered for sale for human consumption.

    2. Undersized marine organisms, which do belong to a species subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx] shall be retained on board, landed and counted against quotas. They shall not be sold, displayed or offered for sale for human consumption. .

     

    Once those catches have been landed, Member States shall be responsible for ensuring their storage or for finding outlets for them.

    Justification

    Given the uncertainty of finding an outlet for undersized marine organisms once landed, and given that the vessel masters will not gain anything from these landings, the problem of storing the organisms on the docks should be anticipated and it should be made clear at this stage that it will not be the fishermen’s responsibility.

    Amendment  26

    Proposal for a regulation

    Article 1 – paragraph 1 – point 10

    Regulation (EC) No 850/98

    Article 19 – paragraph 2 a (new)

     

    Text proposed by the Commission

    Amendment

     

    2a. Notwithstanding paragraph 2, undersized sardines, anchovies, horse mackerel and mackerel, caught for use as live bait may be retained on board, provided they are retained alive.

    Amendment   27

    Proposal for a regulation

    Article 1 – paragraph 1 – point 10

    Regulation (EC) No 850/98

    Article 19 – paragraph 2 b (new)

     

    Text proposed by the Commission

    Amendment

     

    2b. Paragraphs 1 and 2 shall not apply to sardines, anchovies, herring, mackerel and horse mackerel, within a limit of 10 % by live weight of the total catches retained on board of each of those species.

     

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

     

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

    Amendment   28

    Proposal for a regulation

    Article 1 – paragraph 1 – point 10

    Regulation (EC) No 850/98

    Article 19 – paragraph 2 c (new)

     

    Text proposed by the Commission

    Amendment

     

    2c. In line with the objective set out in point (b) of Article 7(1) of Regulation (EU) No 1379/2013 of the European Parliament and of the Council*, producer organisations shall ensure that, in the production and marketing plans which they submit pursuant to Article 28 of Regulation (EU) No 1379/2013, the landing of undersized marine organisms as referred to in paragraph 2 of this Article does not lead to the development of activities aimed specifically at the catching of those, marine organisms in accordance with point (b) of Article 7(1) and Article 28 of Regulation (EU) No 1379/2013.

     

    When carrying out the checks required by Article 28(7) of Regulation (EU) No 1379/2013, Member States shall ensure that producer organisations fulfil the obligation set out in the first subparagraph of this paragraph.

     

    Two years after the entry into force of this Regulation, the Commission shall publish a study on the uses of, and the various outlets for, undersized marine organisms.

     

    ________

     

    * Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p.1).

    Amendment   29

    Proposal for a regulation

    Article 1 – paragraph 1 – point 18

    Regulation (EC) No 850/98

    Article 29c

     

    Text proposed by the Commission

    Amendment

    (18) Article 29c is replaced by the following:

    deleted

    "Article 29c

     

    Rockall haddock box in ICES sub-area VI

     

    1. All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

     

    – 57o00' N, 15o00' O

     

    – 57o00' N, 14o00' O

     

    – 56o30' N, 14o00' O

     

    – 56o30' N, 15o00' O

     

    – 56o30' N, 15o00' O

     

    – 57o00' N, 15o00' O.».

     

    Justification

    This technical measure added by the Commission is not directly connected with the landing obligation. Since this Regulation seeks to ensure strict implementation of the landing obligation, there is no need for it to include this technical measure. It will fit into the review of technical measures currently being prepared by the Commission.

    Amendment  30

    Proposal for a regulation

    Article 1 – paragraph 1 – point 19 – point a

    Regulation (EC) No 850/98

    Article 29d – paragraph 3

     

    Text proposed by the Commission

    Amendment

    Where the fish or shellfish referred to in point (b) of the first subparagraph is subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx], the condition laid down in that point (b) shall be replaced by the condition that such fish or shellfish is not targeted. Unintended catches of such fish or shellfish shall be landed and counted against quotas.

    Unintended catches of species subject as from 1 January 2015 to the landing obligation set out in Article 15 of Regulation (EU) 1380/2013 shall be landed and counted against quotas. However, targeted fishing for species not listed in point (b) shall be prohibited.

    Amendment  31

    Proposal for a regulation

    Article 1 – paragraph 1 – point 19 – point b

    Regulation (EC) No 850/98

    Article 29d – paragraph 4

     

    Text proposed by the Commission

    Amendment

    Where the fish referred to in point (b) of the first subparagraph is subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx], the condition laid down in that point (b) shall be replaced by the condition that such fish is not targeted. Unintended catches of such fish shall be landed and counted against quotas.

    Unintended catches of species subject as from 1 January 2015 to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 shall be landed and counted against quotas. However, targeted fishing for species not listed in point (b) shall be prohibited.

    Amendment 32

    Proposal for a regulation

    Article 1 – paragraph 1 – point 20

    Regulation (EC) No 850/98

    Article 29e – paragraph 2

     

    Text proposed by the Commission

    Amendment

    "Where the fish referred to in point (b) of the first subparagraph is subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx], the condition laid down in that point (b) shall be replaced by the condition that such fish is not targeted. Unintended catches of such fish shall be landed and counted against quotas."

    "Unintended catches of species subject as from 1 January 2015 to the landing obligation set out in Article 15 of Regulation (EU) 1380/2013 shall be landed and counted against quotas. However, targeted fishing for species not listed in point (b) shall be prohibited”;

    Justification

    The legislator would like a stepwise introduction of the landing obligation; the timetable set out in Article 15 of Regulation (EU) No 1380/2013 should be followed and reference only made to the species subject to that obligation as from 2015. The proposed change does not alter the tenor of the provisions on the restrictions applicable to cod, haddock and whiting fisheries in ICES area VII.

    Amendment 33

    Proposal for a regulation

    Article 1 – paragraph 1 – point 21

    Regulation (EC) No 850/98

    Article 29f – paragraph 1 a

     

    Text proposed by the Commission

    Amendment

    (21) In Article 29f, the following paragraph 1a shall be inserted:

    deleted

    "1a.Where blue ling is subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx], the prohibition to retain on board established in paragraph 1 of this Article shall not apply. However, in the period and within the areas referred to in that paragraph, it shall be prohibited to fish for that species. Unintended catches of blue ling shall be landed and counted against quotas."

     

    Justification

    Since the legislator would like to see a stepwise introduction of the landing obligation, the timetable set out in Article 15 of Regulation (EU) No 1380/2013 should be followed. The landing obligation is only applicable to blue ling after 2015.

    Amendment 34

    Proposal for a regulation

    Article 2 – paragraph 1 – point 1

    Regulation (EC) No 2187/2005

    Article 2 – point p

     

    Text proposed by the Commission

    Amendment

    "(p) Unintended catches means incidental catches of marine organisms the fishing for which is prohibited in the relevant circumstances."

    "(p) 'Unintended catches' means incidental catches of marine organisms which, under Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council*, must be landed and counted against quotas either because they are smaller than the minimum conservation reference size or because they exceed the quantities permitted under the catch composition rules.

     

    ___________

     

    * Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22)."

    Amendment 35

    Proposal for a regulation

    Article 2 – paragraph 1 – point 4

    Regulation (EC) No 2187/2005

    Article 12 – paragraph 2

     

    Text proposed by the Commission

    Amendment

    2. Before they start fishing in any management area on a specific fishing trip, masters of all fishing vessels shall ensure they have quotas for stocks subject to catch limits that are sufficient to cover their likely catch composition and the percentages contained in Annexes II and III.

    deleted

    Justification

    Skippers cannot guarantee they have sufficient quotas to cover their likely catch composition during fishing trips. The very nature of fishing operations mean it is impossible to forecast the volumes of fish that will be taken during a specific fishing trip.

    Amendment  36

    Proposal for a regulation

    Article 2 – paragraph 1 – point 6 – point b

    Regulation (EC) No 2187/2005

    Article 15 – paragraph 3

     

    Text proposed by the Commission

    Amendment

    3. Undersized marine organisms, which do belong to a species subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx] shall be retained on board, landed and counted against quotas. They shall not be sold, displayed or offered for sale for human consumption.

    3. As regards undersized marine organisms which belong to a species subject to the landing obligation, Article 15 of Regulation (EU) No 1380/2013 applies. Once those catches have been landed, Member States shall be responsible for ensuring their storage or for finding outlets for them. Article 2(2)(h) of Regulation (EC) No 1069/2009 and the relevant implementing provisions set out in Regulation (EC) No 142/2011 shall not apply.

    Amendment 37

    Proposal for a regulation

    Article 3 – paragraph 1 – point 1

    Regulation (EC) No 1967/2006

    Article 2 – point 18 (new)

     

    Text proposed by the Commission

    Amendment

    "(18) Unintended catches means incidental catches of marine organisms the fishing for which is prohibited in the relevant circumstances."

    "(18) 'Unintended catches' means incidental catches of marine organisms which, under Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council*, must be landed and counted against quotas either because they are smaller than the minimum conservation reference size or because they exceed the quantities permitted under the catch composition rules.

     

    ___________

     

    * Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22)."

    Amendment 38

    Proposal for a regulation

    Article 3 – paragraph 1 – point 2 – point a

    Regulation (EC) No 1967/2006

    Article 15 – paragraph 1 – subparagraph 2

     

    Text proposed by the Commission

    Amendment

    Unintended catches of undersized marine organisms which are subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx] shall be retained on board, and landed. They shall not be sold, displayed or offered for sale for human consumption.

    Unintended catches of undersized marine organisms which are subject as from 1 January 2015 to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, namely sardines, anchovies, mackerel and horse mackerel caught using pelagic gear, shall be retained on board, and landed. They shall not be sold, displayed or offered for sale for human consumption.

     

    Once those catches have been landed, Member states shall be responsible for ensuring their storage or for finding outlets for them.

    Amendment 39

    Proposal for a regulation

    Article 3 – paragraph 1 – point 2 – point b

    Regulation (EC) No 1967/2006

    Article 15 – paragraph 3

     

    Text proposed by the Commission

    Amendment

    (b) Paragraph 3 is deleted.

    deleted

    Justification

    Point b) relates to a derogation in respect of minimum sizes for marine organisms in the case of fries of sardine landed for human consumption. The derogation only applies in certain well‑defined cases, including when the fries are caught using boat seines or shore seines and when this complies with the national provisions in force. The derogation should be maintained.

    Amendment 40

    Proposal for a regulation

    Article 4 – paragraph 1 – point 1

    Regulation (EC) No 1098/2007

    Article 3 – point g

     

    Text proposed by the Commission

    Amendment

    "(g) Unintended catches means incidental catches of marine organisms the fishing for which is prohibited in the relevant circumstances."

    "(g) 'Unintended catches' means incidental catches of marine organisms which, under Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council*, must be landed and counted against quotas either because they are smaller than the minimum conservation reference size or because they exceed the quantities permitted under the catch composition rules.

     

    ___________

     

    * Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22)."

    Amendment  41

    Proposal for a regulation

    Article 4 – paragraph 1 – point 2 a (new)

    Regulation (EC) No 1098/2007

    Article 8 – paragraph 3

     

    Text proposed by the Commission

    Amendment

     

    (2a) Article 8(3) is deleted.

    Justification

    The Commission’s proposal for a multi-species plan for the Baltic Sea provides for the abolition of the days-at-sea scheme. This change could already be put into effect when the Omnibus Regulation enters into force.

    Amendment 42

    Proposal for a regulation

    Article 5

    Text proposed by the Commission

    Amendment

    Article 5

    deleted

    Amendments to Regulation (EC) No 254/2002

     

    Regulation (EC) No 254/2002 is hereby amended as follows:

     

    1) In Article 3(1), the following subparagraph is added:

     

    "By way of derogation from the first subparagraph, landings shall not be prohibited if the conditions established in that subparagraph cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted against quotas. "

     

    2) In Article 4, the following subparagraph is added:

     

    "By way of derogation from the first subparagraph, landings shall not be prohibited if the conditions established in that subparagraph cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted against quotas."

     

    Justification

    The article in question has been deleted in order to fit with the stepwise introduction of the landing obligation as set out in Article 15 of Regulation (EU) No 1380/2013. Indeed, the landing obligation will only apply to cod caught in the Irish Sea from 2016 or 2019.

    Amendment 43

    Proposal for a regulation

    Article 6

    Text proposed by the Commission

    Amendment

    Article 6

    deleted

    Amendments to Regulation (EC) No 2347/2002

     

    Regulation (EC) No 2347/2002 is hereby amended as follows:

     

    1) In Article 2, the following point (f) is added:

     

    “f) 'Unintended catches' means incidental catches of marine organisms the fishing for which is prohibited in the relevant circumstances."

     

    2) In Article 3(1), the second subparagraph is replaced by the following:

     

    "Fishing vessels not holding a deep-sea permit shall be prohibited from fishing for deep-sea species in excess of 100 kg in each sea trip. Deep-sea species caught in excess of 100 kg by such vessels shall not be retained on board, transhipped or landed.

     

    By way of derogation from the second subparagraph, the retention on board, transhipment and landing shall not be prohibited if the 100 kg limit established in that subparagraph is exceeded because of unintended catches of deep-sea species subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted against quotas. "

     

    Justification

    The article in question has been deleted in order to fit with the stepwise introduction of the landing obligation as set out in Article 15 of Regulation (EU) No 1380/2013. Indeed, the landing obligation will only apply to deep-sea stocks as from 2016.

    Amendment 44

    Proposal for a regulation

    Article 7 – paragraph 1 – point 1

    Regulation (EC) No 1224/2009

    Article 7 – paragraph 1

     

    Text proposed by the Commission

    Amendment

    (1) Article 7(1) is amended as follows:

    deleted

    (a) Point (e) is replaced by the following:

     

    “(e) a landing obligation in part of the fisheries or in all fisheries as referred to in Article 15 of Regulation (EU) [xxxx]."

     

    (b) The following point (f) is inserted:

     

    “(f) other cases laid down in Union legislation."

     

    Justification

    The Commission is requiring that vessels whose fishing operations are subject in whole or in part to the landing obligation obtain specific authorisation to fish in zones where the landing obligation applies. Such authorisation would be additional to all the other authorisations already required and would increase administrative burdens for fishermen and the Member States.

    Amendment 45

    Proposal for a regulation

    Article 7 – paragraph 1 – point 2 – point a

    Regulation (EC) No 1224/2009

    Article 14 – paragraph 1

     

    Text proposed by the Commission

    Amendment

    "1. Without prejudice to specific provisions contained in multiannual plans, masters of Union fishing vessels of 10 metres' length overall or more shall keep a fishing logbook of their operations, indicating specifically all quantities of each species caught and kept on board."

    "1. Without prejudice to specific provisions contained in multiannual plans, masters of each Union fishing vessel of 10 metres' length overall or more shall keep a fishing logbook of their operations, indicating specifically, for each fishing trip, all quantities of each species caught and kept on board above 50 kg of live-weight equivalent."

    Amendment 46

    Proposal for a regulation

    Article 7 – paragraph 1 – point 2 – point c

    Regulation (EC) No 1224/2009

    Article 14 – paragraph 3

     

    Text proposed by the Commission

    Amendment

    (c) Paragraph 3 is replaced by the following:

    deleted

    "The permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % for all species. Where for one or more species, the respective total catch is below 50 kilograms, the permitted margin of tolerance shall be 20%.";

     

    Justification

    The Commission is proposing that the margins of tolerance be revised upwards and that all catches be recorded in logbooks, which would entail additional administrative costs for fishermen. Catches should be recorded in logbooks as from 50kg live-weight equivalent, as established in Article 14 of Regulation (EU) No 1224/2009.

    Amendment 47

    Proposal for a regulation

    Article 7 – paragraph 1 – point 2 – point d

    Regulation (EC) No 1224/2009

    Article 14 – paragraph 4

     

    Text proposed by the Commission

    Amendment

    (d) Paragraph 4 is replaced by the following:

    deleted

    “4. Masters of Union fishing vessels shall also record in their fishing logbook all estimated discards in volume for any species."

     

    Justification

    The Commission is proposing that the entire catch retained on board, including any actual discards, now be recorded in the logbook, regardless of catch volumes. This change cannot be justified under the scope of this regulation, since it is not strictly connected with implementation of the landing obligation.

    Amendment 48

    Proposal for a regulation

    Article 7 – paragraph 1 – point 4 – point c

    Regulation (EC) No 1224/2009

    Article 21 – paragraph 3

     

    Text proposed by the Commission

    Amendment

    (c) Paragraph 3 is replaced by the following:

    deleted

    "The permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish transhipped on board shall be 10 % for all species. Where for one or more species, the respective total catch is below 50 kilograms, the permitted margin of tolerance shall be 20%."

     

    Justification

    Catches should be recorded in logbooks as from 50kg live-weight equivalent, as established in Article 14 of Regulation (EU) No 1224/2009, and it is not necessary to alter this in the current regulation.

    Amendment 49

    Proposal for a regulation

    Article 7 – paragraph 1 – point 6

    Regulation (EC) No 1224/2009

    Article 25a

     

    Text proposed by the Commission

    Amendment

    "Article 25a

    "Article 25a

    Remote electronic monitoring

    Monitoring, control and recording of fishing activities

    1. Fishing vessels that, in accordance with Union legislation or a decision of a Member State, are subject to the utilisation of remote electronic monitoring for the purpose of monitoring of the landing obligation as established in Article 15 of Regulation (EU) [xxxx], shall have installed the devices of a remote electronic monitoring system. That system shall ensure the recording at all times of data of fishing activities and activities related to them by cameras, including the processing of the catch.

    1. In line with the calendar for implementing the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, data of fishing activities and activities related to them, including the processing of the catch, shall be recorded.

    2. The fishing vessels referred to in paragraph 1 shall also be equipped with:

    2. In line with Union law or specific decisions adopted by Member States, the recording of data referred to in paragraph 1 shall be performed using transparent data on catches and logbooks and:

    (a) removable data storage devices approved by the competent authorities where all images of the fishing activities shall be saved at all times; and

    (a) an ‘on-board observer’ system; or

    (b) sensors attached to the systems operating the fishing gear and to the winch or the net drum, recording all movements related to the setting and hauling of the fishing gear.

    (b) an ‘inspection at sea’ system, operated using aircraft or patrol vessels; or

     

    (c) a remote electronic monitoring system; or

     

    (d) any other equivalent monitoring system.

     

    Systems as referred to in points (a) to (d) shall guarantee the respect of Union law and of national law applicable in the area of data protection, as well as labour law, the right of persons to control the use of their image and the right to privacy of the seamen concerned.

    3. The remote electronic monitoring systems installed on board fishing vessels shall operate fully automatically, shall not permit the input or output of false positions and shall not be capable of being manually over-ridden.

    3. With a view to establishing the modalities of monitoring systems as referred to in point (c) of paragraph 2 of this Article, the Commission shall be empowered to adopt delegated acts in accordance with the Article 119a concerning:

     

    (a) the establishment of requirements and common criteria to be fulfilled by such remote electronic monitoring systems;

     

    (b) the data to be recorded and processed by such remote electronic monitoring systems and the length of time for which the data must be kept.

    4. Member States shall ensure that they have the technical capacity to analyse and make effective use of the information provided by the remote electronic monitoring system.

    4. Member States shall ensure that they have the technical and human resources to analyse and make effective use of the data relating to fishing activities and related activities, including the processing of the catch."

    5. The Commission shall be empowered to adopt delegated acts in accordance with the Article 119a concerning:

     

    (a) the data to be recorded and processed by the remote electronic monitoring systems;

     

    (b) the responsibilities of masters concerning the remote electronic monitoring systems;

     

    (c) the measures to be taken in case of a technical failure or non-functioning of the remote electronic monitoring systems;

     

    (d) reporting obligations of Member States on the use of remote electronic monitoring systems.

     

    6. The Commission shall, by means of implementing acts, lay down detailed rules on:

     

    (a) the requirements of remote electronic monitoring systems;

     

    (b) the specifications of remote electronic monitoring systems;

     

    (c) the control measures to be adopted by the flag Member State;

     

    (d) the access of the Commission to data of the remote electronic monitoring systems.

     

    Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

     

    Amendment 50

    Proposal for a regulation

    Article 7 – paragraph 1 – point 8

    Regulation (EC) No 1224/2009

    Article 49a

     

    Text proposed by the Commission

    Amendment

    "Article 49a

    "Article 49a

    Separate stowage of catches below the minimum conservation reference sizes

    Stowage of catches below the minimum conservation reference sizes

    1. All catches below the applicable minimum conservation reference size retained on board a Union fishing vessel shall be placed in boxes, compartments or containers separately for each stock in such a way that they are identifiable from other boxes, compartments or containers.

    1. All catches below the applicable minimum conservation reference size retained on board a Union fishing vessel shall be placed in boxes, compartments or containers in such a way that they are identifiable from other boxes, compartments or containers.

    2. It shall be prohibited to retain on board a Union fishing vessel in any box, compartment or container any quantity of catches below the applicable minimum conservation reference size mixed with any other fisheries product.

    2. It shall be prohibited to retain on board a Union fishing vessel in any box, compartment or container any quantity of catches below the applicable minimum conservation reference size mixed with any other fisheries product.

    3. Paragraphs 2 and 3 shall not apply:

    3. Paragraph 1 and 2 shall not apply:

    – where the catches contain more than 80% of Norway pout and sandeel caught for non-human consumption purposes or of one or more of the following species:

    (a) where the catches contain more than 80% of one or more pelagic species or species from industrial fisheries, as defined in point (a) of Article 15(1) of Regulation (EU) No 1380/2013;

     

    (b) to fishing vessels of less than 12 metres' length overall.

    – mackerel

     

    – herring

     

    – horse mackerel

     

    – blue whiting

     

    – boarfish

     

    – anchovy

     

    – argentine

     

    – sardine

     

    – sprat

     

    – to fishing vessels of less than 12 metres' length overall where catches below the minimum conservation reference size have been sorted, weighed and recorded in the logbook.

     

    4. For the cases referred to in paragraph 3, Member States shall monitor the catch composition by way of sampling."

    4. For the cases referred to in paragraph 3, Member States shall monitor the catch composition by way of sampling."

    Amendment  51

    Proposal for a regulation

    Article 7 – paragraph 1 – point 10 a (new)

    Regulation (EC) No 1224/2009

    Article 59 – paragraph 3 a (new)

     

    Text proposed by the Commission

    Amendment

     

    (10a) In Article 59, the following paragraph is inserted:

     

    "(3a) By derogation from Article 15(11) of Regulation (EU) No 1380/2013, catches of species below the minimum conservation reference size up to a quantity of 30 kg caught by fishing vessels less than 12m in length may be sold to local registered purchasers or producers’ organisations for immediate human consumption."

    Justification

    An exemption from the prohibition on selling very small quantities of undersized fish (e.g. 30 kg) could avoid the need for small-scale coastal fisheries (vessels under 12m in length) to use costly collection systems.

    Amendment 52

    Proposal for a regulation

    Article 7 – paragraph 1 – point 19

    Regulation (EC) No 1224/2009

    Article 119 a – paragraph 2

     

    Text proposed by the Commission

    Amendment

    2. The delegation of powers referred to in Article 25a(5) shall be conferred for an indeterminate period of time

    2. The delegation of powers referred to in Article 25a(5) shall be conferred on the Commission for a period of five years from [...]*.

     

    _____________

     

    *OJ: Please insert date of entry into force of this Regulation.

    Amendment 53

    Proposal for a regulation

    Article 9 – paragraph 1 a (new)

    Text proposed by the Commission

    Amendment

     

    By way of derogation from the second paragraph, points (15) and (16) of Article 7 shall apply from 1 January 2017.

    Amendment 54

    Proposal for a regulation

    Annex I

    Regulation (EC) No 850/98

    Annex XII

     

    Text proposed by the Commission

    Amendment

    (1) Annex XII is replaced by the following:

    (1) In Annex XII to Regulation (EU) No 850/98, the term "Minimum size/s" shall be replaced by the term "Minimum conservation reference size/s".

    […]

     

    Justification

    Aims to avoid any potential legal inconsistencies between Article 15 of Regulation (EU) No 2013/1380 and the technical measures regulation, as opposed to extensively reforming the latter.

    Amendment 55

    Proposal for a regulation

    Annex II

    Regulation (EC) No 2187/2005

    Annex IV

     

    Text proposed by the Commission

    Amendment

    (1) Annex IV is replaced by the following:

    (1) In Annex IV to Regulation (EU) No 2187/2005, the term "Minimum size/s" shall be replaced by the term "Minimum conservation reference size/s".

    […]

     

    Justification

    The aim is to avoid any potential legal inconsistencies between Article 15 of Regulation (EU) No 2013/1380 and the Baltic Sea technical measures regulation, as opposed to extensively reforming the latter.

    Amendment 56

    Proposal for a regulation

    Annex III

    Regulation (EC) No 1967/2006

    Annex III

     

    Text proposed by the Commission

    Amendment

    (1) Annex III to Regulation (EC) No 1967/2006 is replaced by the following:

    (1) In Annex III to Regulation (EC) No 1967/2006, the term "Minimum size/s" shall be replaced by the term "Minimum conservation reference size/s".

    […]

     

    Justification

    The aim is to avoid any potential legal inconsistencies between Article 15 of Regulation (EU) No 2013/1380 and the Mediterranean Sea technical measures regulation, as opposed to extensively reforming the latter.

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

    EXPLANATORY STATEMENT

    The reform of the common fisheries policy adopted by the legislator during the previous parliamentary term saw fundamental changes being made to the rules applicable to fisheries. More specifically, Article 15 of the basic common fisheries policy regulation imposes a landing obligation for all catches. That obligation will enter into effect in a stepwise manner over the period 2015 to 2019.

    As a result, fishermen will have to land any catch that is unintended and non‑marketable either because they do not have the quota for this or because it is under the minimum conservation reference size.

    Since this landing obligation conflicts with several EU regulations currently in force, the Commission has brought forward an ‘Omnibus’ regulation which seeks to amend seven regulations in parallel so as to bring them into line with Article 15 of the basic common fisheries policy regulation. Under the current rules, fishermen have to discard any non‑marketable catch. This situation is at odds with the landing obligation and must therefore be remedied.

    The omnibus regulation will amend the following regulations:

    •   Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms;

    •   Council Regulation (EC) No 2187/2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound;

    •    Council Regulation (EC) No 1967/2006 on concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea;

    •    Council Regulation (EC) No 1098/2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks;

    •    Council Regulation (EC) No 254/2002 establishing measures to be applicable in 2002 for the recovery of the stock of cod in the Irish Sea (ICES division VIIa).

    •    Council Regulation (EC) No 2347/2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks; and

    •   Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

    Your rapporteur considers that the changes made by the omnibus regulation should be strictly limited to implementation of the landing obligation, and only to the fisheries concerned as from 1 January 2015, which is to say:

    •   small pelagic fisheries (i.e. fisheries for mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine and sprat);

    •   large pelagic fisheries (i.e. fisheries for bluefin tuna, swordfish, albacore tuna, bigeye tuna, blue and white marlin);

    •   fisheries for industrial purposes (i.e. fisheries for capelin, sandeel and Norway pout);

    •   fisheries for Baltic Sea salmon;

    •   the species which define fisheries activities in the Baltic Sea other than those already listed above.

    Your rapporteur feels that legal alignment for the fisheries subject to the landing obligation after 2015 should be performed subsequently, and in conjunction with the new technical measures framework that the Commission will bring forward in the coming months. The omnibus regulation should, as a result, only be concerned with the urgent issue of the implementation of the landing obligation for the fisheries concerned in 2015. Your rapporteur therefore proposes that the provisions relating to the other fisheries be deleted. He stresses that 2015 will be a test year for assessing the effects of implementing the landing obligation.

    Your rapporteur also notes that some of the changes proposed by the Commission go beyond a straightforward alignment with the landing obligation. He therefore proposes that the following changes be deleted as they relate to technical or monitoring measures and not to compatibility with the landing obligation:

    •   Regulation 850/98, Article 15 and Regulation 2187/2005, Article 12: deletion of the provisions requiring that the captains of fishing vessels have sufficient quotas, which are very hazy and impossible to implement.

    •   Regulation No 1224/2009, Article 14: The change concerning logbook records is not connected with the landing obligation. The existing provisions should be maintained.

    •   Regulation No 1224/2009, Article 25a: Your rapporteur proposes that this article on remote electronic monitoring be simplified, and points out that the Member States are responsible for monitoring and therefore free to decide on monitoring arrangements. The omnibus regulation is not designed to implement widespread remote monitoring.

    •   Regulation No 1224/2009, Article 49a: Your rapporteur proposes that the requirement to store catch of less than the minimum conservation reference size in separate containers for each stock be deleted. Quite apart from the complexities it creates for fishermen, this provision is not essential for the effective implementation of the landing obligation.

    The Commission also proposes that failure to comply with the landing obligation be included on the list of serious infringements under Regulation 1224/2009 and, therefore, that penalty points be applied for that infringement. Your rapporteur is not averse to that approach, but proposes that it be implemented gradually between now and 2019 so as to allow fishing operators time to adapt to it.

    Lastly, your rapporteur considers that the Commission proposal does not allow certain undesirable effects of the landing obligation to be prevented. The possible emergence of a parallel market in juvenile organisms that cannot be monitored is a particular cause for concern. He therefore proposes that producer organisations assume greater responsibility for this area as part of the drawing‑up of production and marketing plans.

    PROCEDURE

    Title

    Landing obligation

    References

    COM(2013)0889 – C7-0465/2013 – 2013/0436(COD)

    Date submitted to Parliament

    17.12.2013

     

     

     

    Committee responsible

           Date announced in plenary

    PECH

    13.1.2014

     

     

     

    Committees asked for opinions

           Date announced in plenary

    ENVI

    13.1.2014

     

     

     

    Not delivering opinions

           Date of decision

    ENVI

    14.7.2014

     

     

     

    Rapporteurs

           Date appointed

    Alain Cadec

    22.7.2014

     

     

     

    Discussed in committee

    3.9.2014

    16.10.2014

     

     

    Date adopted

    3.12.2014

     

     

     

    Result of final vote

    +:

    –:

    0:

    20

    4

    1

    Members present for the final vote

    Marco Affronte, Clara Eugenia Aguilera García, Renata Briano, Alain Cadec, David Coburn, Richard Corbett, Diane Dodds, Linnéa Engström, Ian Hudghton, Carlos Iturgaiz, Werner Kuhn, António Marinho e Pinto, Gabriel Mato, Norica Nicolai, Liadh Ní Riada, Ulrike Rodust, Remo Sernagiotto, Ricardo Serrão Santos, Isabelle Thomas, Ruža Tomašić, Peter van Dalen, Jarosław Wałęsa

    Substitutes present for the final vote

    José Blanco López, Ole Christensen, Ian Duncan, Sylvie Goddyn, Marek Józef Gróbarczyk, Anja Hazekamp, Mike Hookem, Francisco José Millán Mon

    Substitutes under Rule 200(2) present for the final vote

    Matt Carthy

    Date tabled

    11.12.2014
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