on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1343/2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area
on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1343/2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area
– having regard to the Commission proposal to Parliament and the Council (COM(2018)0143),
– 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 (C8-0123/2018),
– 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 23 May 2018(1),
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the report of the Committee on Fisheries (A8-0381/2018),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 1 a (new)
Text proposed by the Commission
Amendment
(1a)One of the objectives of the Common Fisheries Policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council1a, is to ensure exploitation of marine living biological resources that provide long-term sustainable economic, environmental and social conditions.
______________
1a 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 2
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Regulation (EU) No 1343/2011
Article 2 – paragraph 1 – subparagraph 1
Present text
Amendment
(-1) In Article 2(1), the first subparagraph is replaced by the following:
This Regulation applies to all commercial fishing and aquaculture activities conducted by EU fishing vessels and nationals of Member States in the GFCM Agreement area.
‘This Regulation applies to all commercial fishingandaquaculture activities, as well as to recreational fishing activities where specifically provided for in this Regulation, conducted by EU fishing vessels and nationals of Member States in the GFCM Agreement area.’
Justification
Article 2(1) of the GFCM Regulation restricts its scope to commercial fisheries. However, in the current proposal, there are several provisions dealing with recreational ones (Articles 10c, 16n and 22h as well as Annex VI, point 6). Thus being, it would be appropriate to amend the scope in Article 2(1) accordingly.
Amendment 3
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 1343/2011
Article 3 – paragraph 1 – point e
Text proposed by the Commission
Amendment
(e) “buffer area”' means a zone set uparound a fisheries restricted area in order to avoid accidental access to it;
(e) “buffer area”' means a zone surrounding a fisheries restricted area in order to avoid accidental access to it, enhancing the protection of the surrounded area;
Amendment 4
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 1343/2011
Article 3 – paragraph 1 – point f a (new)
Text proposed by the Commission
Amendment
(fa)"recreational fishing vessel" means a ship of any type, with a hull length of 2,5 metres or more, regardless of the means of propulsion, intended for sports or leisure purposes, and not engaged in trade.
Amendment 5
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1343/2011
Article 10a – paragraph 1 – point 3 – indent 3
Text proposed by the Commission
Amendment
– 36° 59,344′ N, 15° 26,062′ E
– 35° 59,344′ N, 15° 26,062′ E
Justification
In line with GFCM Recommendation 40/2016/4 (Annex 2).
Amendment 6
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1343/2011
Article 10a – paragraph 1 – point 3 – indent 4
Text proposed by the Commission
Amendment
– 36° 59,344′ N, 15° 13,338′ E.
– 35° 59,344′ N, 15° 13,338′ E.
Justification
In line with GFCM Recommendation 40/2016/4 (Annex 2).
Amendment 7
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 1343/2011
Article 10b – paragraph 3 – indent 3
Text proposed by the Commission
Amendment
– 36° 58,342′ N, 15° 27,294′ E
– 35° 58,342′ N, 15° 27,294′ E
Justification
In line with GFCM Recommendation 40/2016/4 (Annex 2).
Amendment 8
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 1343/2011
Article 10b – paragraph 3 – indent 4
Text proposed by the Commission
Amendment
– 36° 58,342′ N, 15° 12,106′ E
– 35° 58,342′ N, 15° 12,106′ E
Justification
In line with GFCM Recommendation 40/2016/4 (Annex 2).
Amendment 9
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 1343/2011
Article 10d – paragraph 1
Text proposed by the Commission
Amendment
1. Without prejudice to paragraphs (2) and (3) of Article 10c, commercial fishing activities carried out with bottom set nets, bottom trawl nets, set longlines and traps shall only be allowed, in the area referred to in those paragraphs, if the vessel is in possession of a specific authorisation, and if it can demonstrate that it has historically carried out fishing activities in the areas concerned.
1. Without prejudice to paragraphs (2) and (3) of Article 10c, commercial fishing activities carried out with bottom set nets, bottom trawl nets, set longlines and traps shall only be allowed, in the area referred to in those paragraphs, if the vessel is in possession of a specific national authorisation, and if it can demonstrate that it has historically carried out fishing activities in the areas concerned.
Justification
To clarify the origin of the specific authorization, further expressed in the point (3).
Amendment 10
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 1343/2011
Article 10d – paragraph 1 a (new)
Text proposed by the Commission
Amendment
1a. In the area referred to in Article 10c(2), authorised fishing vessels shall not be entitled to fish for more than two fishing days per week. Authorised fishing vessels using otter twin trawl gear shall not be entitled to fish for more than one fishing day per week.
Justification
In line with the GFCM Recommendation 41/2017/3 (par. 8, 9).
Amendment 11
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 1343/2011
Article 10d – paragraph 7
Text proposed by the Commission
Amendment
7. Fishing vessels equipped with bottom set nets, bottom trawl nets, set longlines and traps without authorisations shall be allowed to transit through the Fisheries Restricted Area only if they follow a direct course at a constant speed of not less than 7 knots and with VMS and/or AIS active on board.
7. Fishing vessels equipped with bottom set nets, bottom trawl nets, set longlines and traps without authorisations shall be allowed to transit through the Fisheries Restricted Area only if they follow a direct course at a constant speed of not less than 7 knots and with VMS and/or AIS active on board, and if they do not carry out fishing activities of any kind.
Justification
To clarify that fishing vessels without fishing authorization shall only be allowed to transit a Restricted Area if they do not carry out fishing activities of any kind, despite the course being direct and the speed constant.
Amendment 12
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1343/2011
Article 14a – paragraph 1
Text proposed by the Commission
Amendment
1. Within the period from April to June every year, each Member State concerned shall establish a closure period of at least two months in the Black Sea.
1. Each Member State concerned shall establish a closure period of at least two months during the spawning season of turbot, from April to June every year.
Justification
In line with GFCM recommendation 41/2017/4 par 19.
Amendment 13
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1343/2011
Article 16m – paragraph 1
Text proposed by the Commission
Amendment
Each Member State may establish in the Mediterranean Sea a system of individual daily and/or annual catch limits for red coral.
Each Member State shall establish in the Mediterranean Sea a system of individual daily and/or annual catch limits for red coral.
Amendment 14
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) No 1343/2011
Article 22i – paragraph 1
Text proposed by the Commission
Amendment
1. Member States shall establish a register of the fishing vessels authorized to carry on board or land quantities of blackspot seabream caught in the Alboran Sea that constitute more than 20% of the catch in live weight after sorting per tide.
1. Member States shall establish a register of the fishing vessels authorized to carry on board or land quantities of blackspot seabream caught in the Alboran Sea that constitute more than 20 % of the catch in live weight after sorting per tide. That register shall be maintained and updated.
Justification
In line with GFCM Recommendation 41/2017/2 (par.12).
Amendment 15
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) No 1343/2011
Article 22k a (new)
Text proposed by the Commission
Amendment
Article 22ka
Temporal closure in the Gulf of Gabès
From 1 July to 31 September each year, fishing with bottom trawl nets shall be prohibited between the coast and the 200 metres depth isobaths of GSA 14 (Gulf of Gabès) as referred to in Annex I.
Justification
This is in line with Recommendation GFCM/40/2016/4 paragraph 12.The CFP deals also with fishing activities by Union fishing vessels outside Union waters (CFP Regulation, Article 1(2)(c)). Correspondingly, the GFCM Regulation applies to all commercial fishing activities conducted by EU fishing vessels and nationals of Member States in the whole of the GFCM Agreement area (Article 2(1)). Hence, if there are Union fishing vessels fishing in those waters, the EU actually needs to implement the pertaining recommendation for that part also.
Amendment 16
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) No 1343/2011
Article 22k b (new)
Text proposed by the Commission
Amendment
Article 22kb
Designated ports
1. Each Member State shall designate landing ports in which landings of European hake and deep-water rose shrimp from the Strait of Sicily may take place, in accordance with Article 43(5) of Regulation (EC) No 1224/2009. Member States shall transmit to the GFCM Secretariat and to the Commission not later than 30 November 2018 a list of designated landing ports. Any subsequent change to that list shall be promptly notified to the GFCM Secretariat and to the Commission.
2. It shall be prohibited to land or tranship from fishing vessels any quantity of European hake and deep-water rose shrimp fished in the Strait of Sicily at any place other than landing ports designated by the Member States.
Justification
In line with Part V of Recommendation GFCM/40/2016/4.
Amendment 17
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) No 1343/2011
Article 22n – paragraph 1 – point c
Text proposed by the Commission
Amendment
(c) operating without an VMS system.
(c) operating without a VMS system or any other system of geo-localisation allowing control authorities to track activities, in the case of vessels of more than 12 metres in overall length.
Justification
In Article 22i "Fishing authorizations and fishing activities", point (4) states that all vessels over 12 meters "shall be equipped with VMS or any other control their activities" to be granted a fishing authorization. The corresponding infringement for the lack of such equipment, expressed in Article 22n, does not stipulate the possibility of not having equipment other than VMS.
Amendment 18
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) No 1343/2011
Article 22o – paragraph 1
Text proposed by the Commission
Amendment
1. By 30 November each year, each Member State shall send to the Commission, through the accustomed data-processing support, an updated list of the vessels using bottom-set gillnets authorized to fish turbot in the Black Sea (GFCM geographical subarea 29, as defined in Annex I).
1. By 30 December each year, each Member State shall send to the Commission, through the accustomed data-processing support, an updated list of the vessels using bottom-set gillnets authorized to fish turbot in the Black Sea (GFCM geographical subarea 29, as defined in Annex I), if any changes have been made to that list.
Amendment 19
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) No 1343/2011
Article 22p – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2a.The national plans and all its elements shall be communicated to the fishing associations and shall be made publicly accessible for all fishermen.
The General Fisheries Commission for the Mediterranean (GFCM) was set up by an international agreement in 1949 by means of an international agreement under the Food and Agriculture Organization of the United Nations (FAO), which entered into force in 1952. All Member States bordering the Mediterranean and the Black Sea, together with the European Union, participate in the management of fisheries in this area, in cooperation with several third countries, in the framework of the GFCM. The GFCM's Contracting Parties are: the European Union, Albania, Algeria, Bulgaria, Cyprus, Croatia, Egypt, France, Japan, Greece, Israel, Italy, Lebanon, Libya, Malta, Morocco, Monaco, Romania, Syria, Slovenia, Spain, Tunisia and Turkey.
The GFCM adopts, on the basis of scientific advice, recommendations and resolutions designed to promote the development, conservation, rational management and best utilization of stocks of living aquatic resources in the Mediterranean and the Black Sea at levels are considered sustainable and at low risk.
The organisation has the authority to adopt compulsory decisions ('recommendations') in its area of competence. As a contracting party to the GFCM, the EU is bound to adopt and transpose these recommendations accordingly, where the content is not already covered by Community legislation, into Community law.
The European Commission proposes to amend Regulation (EU) No 1343/2011 in order to transpose in Union law a number of measures adopted by the GFCM at its annual sessions of 2015, 2016 and 2017.
These measures concern the European hake and the deep-water rose shrimp in the Strait of Sicily the turbot in the Black Sea, the blackspot seabream in the Alboran Sea and red coral in the Mediterranean Sea. The proposal also establishes a fishing restricted area in the Adriatic (Jabuka/PomoPit area).
The proposal is consistent with the Common Fisheries Policy (CFP). It covers conservation measures, management measures, monitoring, control and surveillance measures and measures to fight illegal, unreported and unregulated fishing.
PROCEDURE – COMMITTEE RESPONSIBLE
Title
Fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area
Marco Affronte, Clara Eugenia Aguilera García, Renata Briano, Alain Cadec, Richard Corbett, Linnéa Engström, Sylvie Goddyn, Ian Hudghton, Carlos Iturgaiz, Werner Kuhn, António Marinho e Pinto, Barbara Matera, Ulrike Rodust, Annie Schreijer-Pierik, Remo Sernagiotto, Isabelle Thomas, Ruža Tomašić, Peter van Dalen, Jarosław Wałęsa
Substitutes present for the final vote
Ole Christensen, Rosa D’Amato, Francisco José Millán Mon, Maria Lidia Senra Rodríguez, Nils Torvalds
Date tabled
23.11.2018
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
24
+
ALDE
António Marinho e Pinto, Nils Torvalds
ECR
Remo Sernagiotto, Ruža Tomašić, Peter van Dalen
EFDD
Rosa D'Amato, Sylvie Goddyn
GUE/NGL
Maria Lidia Senra Rodríguez
PPE
Alain Cadec, Carlos Iturgaiz, Werner Kuhn, Barbara Matera, Francisco José Millán Mon, Annie Schreijer‑Pierik, Jarosław Wałęsa
S&D
Clara Eugenia Aguilera García, Renata Briano, Ole Christensen, Richard Corbett, Ulrike Rodust, Isabelle Thomas