REPORT on the proposal for a regulation of the European Parliament and of the Council on a multiannual recovery plan for Mediterranean swordfish and amending Regulations (EC) No 1967/2006 and (EU) 2017/2107
23.11.2018 - (COM(2018)0229 – C8‑0162/2018 – 2018/0109(COD)) - ***I
Committee on Fisheries
Rapporteur: Marco Affronte
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council on a multiannual recovery plan for Mediterranean swordfish and amending Regulations (EC) No 1967/2006 and (EU) 2017/2107
(COM(2018)0229 – C8‑0162/2018 – 2018/0109(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2018)0229),
– 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 (C8‑0162/2018),
– 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 19 September 2018[1],
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the report of the Committee on Fisheries and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0389/2018),
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) | |
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Text proposed by the Commission |
Amendment |
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(1a) Scientific assessments show that swordfish has been overfished during the past 30 years and that, if no action is taken soon, the stock is potentially facing a total collapse. |
Amendment 2 Proposal for a regulation Recital 8 | |
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Text proposed by the Commission |
Amendment |
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(8) Mediterranean swordfishes that have been caught and are below minimum conservation reference size will have to be discarded pursuant to point 17 of ICCAT Recommendation 16-05, unless they fall within the by-catch limits established by Member States in their annual fishing plans. For the purpose of the Union's compliance with its international obligations under the ICCAT, Delegated Regulation (EU) 2018/191 provides for derogations from the landing obligation for Mediterranean swordfish in accordance with Article 15(2) of Regulation (EU) No 1380/2013. Delegated Regulation (EU) 2018/191 implements certain provisions of ICCAT Recommendation 16-05 laying down the obligation to discard swordfish on board vessels that exceed their allocated quota and/or their maximum level of permitted by-catches. The scope of that Delegated Regulation includes vessels engaged in recreational fishing. |
(8) Mediterranean swordfishes that have been caught and are below minimum conservation reference size will have to be discarded pursuant to point 17 of ICCAT Recommendation 16-05, unless they fall within the by-catch limits established by Member States in their annual fishing plans. For the purpose of the Union's compliance with its international obligations under the ICCAT, Delegated Regulation (EU) 2018/191 provides for derogations from the landing obligation for Mediterranean swordfish in accordance with Article 15(2) of Regulation (EU) No 1380/2013. Delegated Regulation (EU) 2018/191 implements certain provisions of ICCAT Recommendation 16-05 laying down the obligation to discard swordfish on board vessels that exceed their allocated quota and/or their maximum level of permitted by-catches. The scope of that Delegated Regulation includes recreational fishing vessels. |
Amendment 3 Proposal for a regulation Recital 12 | |
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Text proposed by the Commission |
Amendment |
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(12) In chartering arrangements the relationships between the owner, the charterer and the flag State are often unclear and some IUU fishers evade controls by abusing the arrangements for the chartering of fishing vessels. Chartering is prohibited in Regulation (EU) 2016/16277 establishing a multiannual recovery plan for Bluefin tuna in the Atlantic and Mediterranean. It is therefore appropriate, as a preventive measure to protect a stock under recovery and for sake of consistency with Union law, to adopt a similar prohibition in the multiannual recovery plan for Mediterranean swordfish. |
(12) In chartering arrangements the relationships between the owner, the charterer and the flag State are often unclear and some operators engaging in IUU activities evade controls by abusing the arrangements for the chartering of fishing vessels. Chartering is prohibited in Regulation (EU) 2016/16277 establishing a multiannual recovery plan for Bluefin tuna in the Atlantic and Mediterranean. It is therefore appropriate, as a preventive measure to protect a stock under recovery and for sake of consistency with Union law, to adopt a similar prohibition in the multiannual recovery plan for Mediterranean swordfish. |
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7 Regulation (EU) 2016/1627 of the European Parliament and of the Council of 14 September 2016 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, and repealing Council Regulation (EC) No 302/2009 (OJ L 252, 16.9.2016, p. 1). |
7 Regulation (EU) 2016/1627 of the European Parliament and of the Council of 14 September 2016 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, and repealing Council Regulation (EC) No 302/2009 (OJ L 252, 16.9.2016, p. 1). |
Amendment 4 Proposal for a regulation Recital 14 | |
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Text proposed by the Commission |
Amendment |
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(14) In order to swiftly implement into Union law future amendments to the ICCAT recommendations, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annexes to this Regulation as well as provisions listed in Article 34 (1) of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law Making8. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
(14) In order to swiftly implement into Union law future ICCAT Recommendations amending the recovery plan for Mediterranean swordfish set out in ICCAT Recommendation 16-05, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the relevant Articles of and the Annexes to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law Making8. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
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8 Interinstitutional Agreement of 13 April 2016 on Better Law Making (OJ L 123, 12.5.2016, p. 1). |
8 Interinstitutional Agreement of 13 April 2016 on Better Law Making (OJ L 123, 12.5.2016, p. 1). |
Amendment 5 Proposal for a regulation Article 1 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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This Regulation lays down general rules for the implementation by the Union of the multiannual recovery plan for Mediterranean swordfish (Xiphias gladius) recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT), starting from 2017 and continuing through 2031 ('the recovery plan'). |
This Regulation lays down general rules for the implementation by the Union of the multiannual recovery plan for Mediterranean swordfish (Xiphias gladius) adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT), starting from 2017 and continuing through 2031 ('the recovery plan'). |
Amendment 6 Proposal for a regulation Article 2 – paragraph 1 – point a – point i | |
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Text proposed by the Commission |
Amendment |
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(i) operate in the ICCAT Convention area fishing swordfish in the Mediterranean; or |
(i) fish for swordfish in the Mediterranean Sea; or |
Amendment 7 Proposal for a regulation Article 2 – paragraph 1 – point a – point ii | |
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Text proposed by the Commission |
Amendment |
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(ii) tranship, also outside the ICCAT Convention area, swordfish caught in the Mediterranean Sea; |
(ii) tranship or carry on board, also outside the ICCAT Convention area, swordfish caught in the Mediterranean Sea; |
Amendment 8 Proposal for a regulation Article 2 – paragraph 1 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) Third country fishing vessels and third country vessels engaged in recreational fisheries which operate in Union waters fishing swordfish in the Mediterranean; |
(b) Third country fishing vessels and third country vessels engaged in recreational fisheries which operate in Union waters and which fish for swordfish in the Mediterranean Sea; |
Amendment 9 Proposal for a regulation Article 5 – paragraph 1 – point 17 a (new) | |
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Text proposed by the Commission |
Amendment |
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(17a) ‘large-scale fishing vessel’ means a fishing vessel greater than 20 metres in length overall; |
Amendment 10 Proposal for a regulation Article 5 – paragraph 1 – point 17 b (new) | |
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Text proposed by the Commission |
Amendment |
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(17b) ‘ICCAT record of large-scale fishing vessels’ means the list, maintained by the ICCAT Secretariat, of large-scale fishing vessels authorised to fish for ICCAT species in the ICCAT Convention Area; |
Amendment 11 Proposal for a regulation Article 5 – paragraph 1 – point 19 a (new) | |
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Text proposed by the Commission |
Amendment |
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(19a) "circle hook" means a hook that is rounded with the point oriented perpendicular to the shank; |
Amendment 12 Proposal for a regulation Title II – heading | |
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Text proposed by the Commission |
Amendment |
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MANAGEMENT, TECHNICAL CONSERVATION MEASURES AND CONTROL |
MANAGEMENT MEASURES, TECHNICAL CONSERVATION MEASURES AND CONTROL MEASURES |
Amendment 13 Proposal for a regulation Article 7 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. In accordance with Article 17 of Regulation (EU) No 1380/2013, when allocating the fishing opportunities available to them, Member States shall use transparent and objective criteria, including those of an environmental, social and economic nature, and shall also endeavour to distribute national quotas fairly among the various fleet segments giving consideration to traditional and artisanal fishing, and to provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact |
1. In accordance with Article 17 of Regulation (EU) No 1380/2013, when allocating the fishing opportunities available to them, Member States shall use transparent and objective criteria, including those of an environmental, social and economic nature. National quotas shall be distributed fairly among the various fleet segments, ensuring in particular that quotas are allocated to traditional and artisanal fishing. Member States shall provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact. |
Amendment 14 Proposal for a regulation Article 7 – paragraph 2 a (new) | |
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Text proposed by the Commission |
Amendment |
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2a. Member States shall endeavour to allocate any increase in fishing opportunities, resulting from the successful implementation of this Regulation, to fishing vessels to which no swordfish quota has previously been allocated and that fulfil the criteria for the allocation of fishing opportunities set out in Article 17 of Regulation (EU) No 1380/2013, in order to contribute to the objective of an equal and fair distribution of quotas among the different fleet segments. |
Amendment 15 Proposal for a regulation Article 9 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. Member States shall submit their fishing plans to the Commission by 1 March of each year. Such plans shall be in accordance with the ICCAT Guidelines for submitting data and information, and shall include detailed information regarding the quota of Mediterranean swordfish allocated by gear type, including to recreational fisheries, where relevant, and to by-catches. |
1. Member States shall submit their fishing plans to the Commission by 1 March of each year. Such plans shall be in accordance with the ICCAT Guidelines for submitting data and information, and shall include detailed information regarding the quota of Mediterranean swordfish allocated by gear type, including quota allocated to recreational fisheries, where relevant, and to by-catches. |
Amendment 16 Proposal for a regulation Article 10 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Member States shall monitor the effectiveness of the closures referred to in paragraphs 1 and 2 and shall submit to the Commission, at least two months and 15 days before the ICCAT annual meeting each year, all relevant information on appropriate controls and inspections carried out the previous year to ensure compliance with those paragraphs. The Commission shall forward that information to the ICCAT Secretariat at least two months before the ICCAT annual meeting each year. |
3. Member States shall monitor the effectiveness of the closures referred to in paragraphs 1 and 2 and shall submit to the Commission, at least two months and 15 days before the ICCAT annual meeting each year, all relevant information on appropriate controls and inspections carried out the previous year to ensure compliance with this Article. The Commission shall forward that information to the ICCAT Secretariat at least two months before the ICCAT annual meeting each year. |
Amendment 17 Proposal for a regulation Article 12 – title | |
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Text proposed by the Commission |
Amendment |
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Incidental by-catches of swordfish below the minimum conservation reference size |
Incidental catches of swordfish below the minimum conservation reference size |
Amendment 18 Proposal for a regulation Article 12 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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Notwithstanding paragraph 1 of Article 11, catching vessels fishing actively for swordfish may retain on board, tranship, transfer, land, transport, store, sell, display or offer for sale incidental catches of swordfish below the minimum conservation reference size, provided such catches do not exceed 5 % by weight or number of pieces of the total swordfish catch of such vessels. |
Notwithstanding paragraph 1 of Article 11, fishing vessels fishing for swordfish may retain on board, tranship, transfer, land, transport, store, sell, display or offer for sale incidental catches of swordfish below the minimum conservation reference size, provided such catches do not exceed 5 % by weight or number of specimens of the total swordfish catch of such vessels, not exceeding the by-catch limit the Member States establish in their annual fishing plans. |
Amendment 19 Proposal for a regulation Article 13 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. By-catches of swordfish shall not exceed at any time following a fishing operation the total catch on board by weight or number of specimens caught in longline fisheries. |
deleted |
Amendment 20 Proposal for a regulation Article 13 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to catch, retain on board, tranship or land more than one swordfish per vessel per day for recreational fisheries. Member States shall take the necessary measures to ensure and facilitate the release of swordfish caught alive in the framework of recreational fishing. |
3. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to catch, retain on board, tranship or land more than one swordfish per vessel per day for recreational fisheries. Member States shall take the necessary measures to ensure and facilitate the release of swordfish caught alive in the framework of recreational fishing and should be able to take more restrictive measures which improve swordfish protection. |
Amendment 21 Proposal for a regulation Article 13 – paragraph 5 | |
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Text proposed by the Commission |
Amendment |
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5. Where the quota allocated to the flag Member State is exhausted, dead swordfish shall be landed whole and unprocessed and shall be subject to confiscation and the appropriate follow-up action. Member States shall provide information on the quantity of such dead swordfish on an annual basis to the Commission who shall forward it to the ICCAT Secretariat, in accordance with Article 21. |
5. Where the quota allocated to the flag Member State is exhausted, dead swordfish shall be landed whole and unprocessed and shall be handed over to the designated authority. Member States shall provide information on the quantity of such dead swordfish on an annual basis to the Commission who shall forward it to the ICCAT Secretariat, in accordance with Article 21. |
Amendment 22 Proposal for a regulation Article 14 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. By way of derogation from paragraph 1, additional 2 500 replacement unrigged hooks shall be allowed on board fishing vessels for trips longer than 2 days. |
2. By way of derogation from paragraph 1, additional 2 500 replacement hooks shall be allowed on board fishing vessels for trips longer than 2 days. A second set of rigged hooks may be allowed on board for trips longer than 2 days, provided that it is duly lashed and stowed in lower decks so that it cannot readily be used. |
Amendment 23 Proposal for a regulation Article 14 – paragraph 4 a (new) | |
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Text proposed by the Commission |
Amendment |
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4a. Members States shall encourage the use of circle hooks; |
Amendment 24 Proposal for a regulation Article 15 – paragraph 1 – introductory part | |
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Text proposed by the Commission |
Amendment |
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1. Member States shall issue fishing authorisations to catch Mediterranean swordfish to vessels flying their flag, in accordance with the provisions laid down in Regulation (EU) 2017/2403 for: |
1. Member States shall issue fishing authorisations to catch Mediterranean swordfish to vessels flying their flag, in accordance with the provisions laid down in Regulation (EU) 2017/2403, in particular Articles 20 and 21 thereof, for: |
Amendment 25 Proposal for a regulation Article 15 – paragraph 1 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) Fishing vessels targeting Mediterranean swordfish; |
(a) Active fishing vessels targeting Mediterranean swordfish and, where applicable, having an associated record of catches; |
Amendment 26 Proposal for a regulation Article 15 – paragraph 1 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) Fishing vessel catching Mediterranean swordfish as by-catch; and |
deleted |
Amendment 27 Proposal for a regulation Article 15 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Only Union vessels included in the ICCAT record of vessels according to the procedure laid down in Articles 16 and 17, shall be authorised to target, retain on board, tranship, transport, process or land Mediterranean swordfish. |
3. Only Union vessels included in the ICCAT record of vessels according to the procedure laid down in Articles 16 and 17, shall be authorised to target, retain on board, tranship, transport, process or land Mediterranean swordfish, without prejudice to the provisions laid down in Article 13 on by-catches. |
Amendment 28 Proposal for a regulation Article 16 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. The information on catching vessels referred to in paragraph 1(a) and (b) shall contain the vessel's name and Union fleet register number (CFR) as defined in Annex I to Commission Implementing Regulation (EU) 2017/21815 on the Union fishing fleet register. |
2. The information on vessels referred to in paragraph 1(a) and (b) shall contain the vessel's name and, where applicable, Union fleet register number (CFR) as defined in Annex I to Commission Implementing Regulation (EU) 2017/21815 on the Union fishing fleet register. |
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15 OJ L 34, 9.2.2017, p. 9. |
15 OJ L 34, 9.2.2017, p. 9. |
Amendment 29 Proposal for a regulation Article 16 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. In addition to the information referred in paragraph 2, Member States shall notify the Commission, at the latest within 30 days, of any addition to, deletion from or modification of the information on catching vessels referred to in paragraph 1. The Commission shall transmit, at the latest within 45 days from the date of the addition to, deletion from or modification of the information on those catching vessels, inform thereof the ICCAT Secretariat. |
3. Member States shall notify the Commission of any modifications of the information referred to in paragraphs 1 and 2, not later than 30 days after such modification. The Commission shall inform the ICCAT Secretariat thereof within 15 days of receiving such notification. |
Amendment 30 Proposal for a regulation Article 16 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. In accordance with Article 7(6) of Regulation (EU) 2017/2403, the Commission shall, if necessary, modify during the year the information on catching vessels referred to in paragraph 1, by providing updated information to the ICCAT Secretariat. |
4. In addition to any information transmitted to the ICCAT Secretariat in accordance with paragraph 3 of this Article, the Commission shall where necessary, pursuant to Article 7(6) of Regulation (EU) No 2017/2043, send updated details of the vessels referred to in paragraph 1 of this Article to the ICCAT Secretariat without delay. |
Amendment 31 Proposal for a regulation Article 17 – paragraph 1 – introductory part | |
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Text proposed by the Commission |
Amendment |
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1. By 30 June of each year, Member States shall submit electronically to the Commission the following information concerning catching vessels flying their flag that were authorised to carry out pelagic longline fisheries or harpoon fisheries targeting Mediterranean swordfish during the preceding year: |
1. By 30 June of each year, Member States shall submit electronically to the Commission the following information concerning fishing vessels flying their flag that were authorised to carry out pelagic longline fisheries or harpoon fisheries targeting Mediterranean swordfish during the preceding year: |
Amendment 32 Proposal for a regulation Article 18 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. Union fishing vessels included in the ICCAT record of vessels and authorised to fish Mediterranean swordfish, and third country vessels authorised to fish Mediterranean swordfish in Union waters which are greater than 12 metres length overall, shall have installed on board a fully functioning device which allows the vessel to be automatically located and identified through the vessel monitoring system (VMS), by transmitting position data at regular intervals, in accordance with Article 9 of Regulation (EC) No 1224/2009. |
1. Union fishing vessels included in the ICCAT record of vessels and authorised to fish Mediterranean swordfish, and third country vessels authorised to fish Mediterranean swordfish in Union waters which are greater than 15 metres in length overall, shall have installed on board a fully functioning device which allows the vessel to be automatically located and identified through the vessel monitoring system (VMS), by transmitting position data at regular intervals, in accordance with Article 9 of Regulation (EC) No 1224/2009. |
Amendment 33 Proposal for a regulation Article 18 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. For control purposes, the transmission of VMS data from catching vessels that are authorised to fish Mediterranean swordfish shall not be interrupted when vessels are in port. |
2. For control purposes, the transmission of VMS data from catching vessels that are authorised to fish Mediterranean swordfish may be switched off when vessels are in port provided that it is guaranteed to be switched on again in the same position. |
Amendment 34 Proposal for a regulation Article 19 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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The chartering of Union fishing vessels for Mediterranean swordfish shall be prohibited. |
The chartering of Union fishing vessels for the fishing of Mediterranean swordfish shall be prohibited. |
Amendment 35 Proposal for a regulation Article 20 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Each Member State concerned shall ensure that national scientific observers are deployed on at least 20% of pelagic longline vessels targeting Mediterranean swordfish. The percentage coverage will be measured in fishing days, number of sets or trips. |
2. Until ... [three years after the date of entry into force of this Regulation] each Member State concerned shall ensure that national scientific observers are deployed on at least 10 % of pelagic longline vessels targeting Mediterranean swordfish. After that date, the Member State concerned may reduce the observer coverage to at least 5 %. The percentage coverage will be measured in fishing days, number of sets or trips. |
Amendment 36 Proposal for a regulation Article 21 – paragraph 5 | |
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Text proposed by the Commission |
Amendment |
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5. The information referred to in paragraphs 1, 2 and 3 shall be submitted in the format set out in the last version of the ICCAT Guidelines for submitting data and information. |
5. The information referred to in paragraphs 1, 2 and 3 shall be submitted in the format set out in the most recent version of the ICCAT Guidelines for submitting data and information. |
Amendment 37 Proposal for a regulation Article 24 – paragraph 2 – introductory part | |
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Text proposed by the Commission |
Amendment |
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2. Masters of Union fishing vessels under 12 metres length overall included in the list of vessels referred to in Article 16 shall, at least four hours before the estimated time of arrival at the port, notify the competent authority of the Member State (including the flag Member State) or the CPC whose ports or landing facility they wish to use, the following information: |
2. Masters of Union fishing vessels under 12 metres length overall included in the list of vessels referred to in Article 16 shall, before their arrival at the port, notify the competent authority of the Member State (including the flag Member State) or the CPC whose ports or landing facility they wish to use, the following information: |
Amendment 38 Proposal for a regulation Article 29 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. In recreational fisheries, it shall be prohibited to catch, retain on board, tranship or land more than one swordfish per vessel per day. |
2. In recreational fisheries, it shall be prohibited to catch, retain on board, tranship or land more than one swordfish per vessel per month. |
Amendment 39 Proposal for a regulation Article 30 – paragraph 2 – point e | |
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Text proposed by the Commission |
Amendment |
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(e) Name and address of owner(s) and operator(s) of the fishing vessel. |
(e) Name and address of owner(s) and operator(s) of the vessel. |
Amendment 40 Proposal for a regulation Article 31 – paragraph 4 a (new) | |
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Text proposed by the Commission |
Amendment |
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4a. The annual reports referred to in this Article shall be made public on the Commission’s website. |
Amendment 41 Proposal for a regulation Article 35 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. The power to adopt delegated acts referred to in Article 34 shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period. |
2. The power to adopt delegated acts referred to in Article 34 shall be conferred on the Commission for a period of three years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period. |
- [1] OJ C …, …, p. ….
EXPLANATORY STATEMENT
The status of Mediterranean swordfish is a matter of increasing concern, it has been overfished for more than 30 years. The high proportion of juvenile swordfish in the catches has a negative impact on the spawning biomass.
It is urgent to reverse this situation and to adopt a Mediterranean swordfish recovery plan to stop the rapid stock decline and help rebuild the stock to levels consistent with the ICCAT Convention objective.
The European Union is Contracting Party to the International Commission for the Conservation of Atlantic Tunas (ICCAT), the Regional Fisheries Management Organisation (RFMO) responsible for the management of tuna and tuna-like species in the Atlantic Ocean and adjoining seas.
ICCAT has the authority to adopt compulsory decisions (“Recommendations”) for fisheries conservation and management in its area of competence; these acts are binding for the contracting parties; they must be enacted into Union law as soon as possible.
The purpose of this proposal is to transpose ICCAT Recommendation 16-05 into EU law to allow the Union to comply with its international obligations and to provide operators with legal certainty regarding rules and obligations.
During the 2016 ICCAT Annual Meeting held in Vilamoura (Portugal), the contracting parties and cooperating non-contracting parties, entities or fishing entities to the International Commission for the Conservation of Atlantic Tunas (ICCAT) took a decisive step to address the alarming situation of Mediterranean swordfish (Xiphias gladius) by adopting a 15-year recovery plan in the ICCAT Recommendation 16-05.
Content of the proposal
Although the recovery plan is being implemented by Member States since January 2017, measures are disseminated in several EU regulations, which create sometimes a problem of interpretation of the rules. Therefore the objective of this proposal is twofold: a) to establish the legal basis to implement the recovery plan and b) to concentrate in one legal text the management and control rules regarding the recovery plan of Mediterranean swordfish.
The recommendation lays down rules for the conservation, management and control of the Mediterranean stock of swordfish as to achieve a biomass corresponding to a maximum sustainable yield by 2031 with at least 60% probability of achieving that objective.
ICCAT Recommendation 16-05 obliges to discard swordfish on board vessels, including in sport and recreational fisheries that exceed the allocated quota of the vessel, and/or the maximum level of permitted by-catches. Mediterranean swordfish caught on board vessels that are below the minimum conservation reference size will also have to be discarded, with the exception of a given by-catch limit established by Member States in their annual fishing plans.
The measures adopted by ICCAT Recommendation 16-05, which are transposed by this Regulation, are more restrictive or more precise that those measures already in force to allow the recovery of the stock. The main differences could be summarized as follows:
• minimum conservation reference size: the proposal prohibits to target, retain on board, tranship, land, transport, store, sell or display or offer for sale catches and by-catches of swordfish, including in recreational fisheries: (a) measuring less than 100 cm Lower Jaw to Fork Length (LJFL); or (b) weighing less than 11.4 kg of round weight, or 10.2 kg of gilled and gutted weight;
• maximum number of hooks: the proposal sets the maximum number of hooks that may be set or taken on board vessels targeting Mediterranean swordfish at 2 500;
• Closed seasons: Mediterranean swordfish shall not be caught, either as targeted species or as bycatch, retained on board, transhipped or landed during the period from 1 January to 31 March of each year. In order to protect Mediterranean swordfish, a closure period shall apply to longline vessels targeting Mediterranean albacore (Thunnus alalunga) from the 1 October to 30 November of each year;
• TAC definition and quota allocation: these have already been transposed in 2017 and are now included in Council Regulation (EU) 2018/120 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union fishing vessels, in certain non-Union waters. Therefore, it is not necessary to include the transposition of the fishing opportunities in this proposal.
The recovery plan takes into account the specificities of the different types of gear and fishing techniques. When implementing the recovery plan, the Union and Member States should endeavour to promote coastal fishing activities and the use of fishing gear and techniques which are selective and have a reduced environmental impact, including gear and techniques used in traditional and artisanal fisheries, thereby contributing to a fair standard of living for local economies.
Position of the Rapporteur
The rapporteur believes that there is an urgent need for the Union to adopt the recovery plan for the swordfish as the situation of the stock is critical.
The Rapporteur regrets that the proposal is derogating from Article 2 of the CFP: “the maximum sustainable yield exploitation rate shall be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks” but understands the motives behind this derogation. The stock is not only exploited by the European Union but by all the riparian countries of the Mediterranean, it is managed by the International Commission for the Conservation of Atlantic Tunas (ICCAT), of which the European Union is one of the 51 Contracting Parties and even applying the utmost draconian measures to the EU fleet (i.e. the total closure of the fishery), the biomass levels capable of producing the maximum sustainable yield could not be achieved at the latest by 2020;
The Rapporteur acknowledges that the EC in a couple of times went beyond the literal transposition of Recommendation 16-05 but believes that this is coherent with the alarming situation of the status of the fish stock.
There is a need for an extra effort in the observers' coverage. The Standing Committee on Research and Statistics (SCRS) called the attention in their reports of 2016 and 2017 on the need to increase data collection, in particular controlling discards and landings. The Regional coordination group of highly migratory species has called the attention on the fact that biological data are scarce and need to be collected in all segments of the fleet. The experience in other recovery plans, notably the recovery of Eastern Bluefin tuna, shows that keeping high standards of control is one of the main elements of success of a plan. It is for that reason that specific fishing permits and the reinforcement of the system of localization of the vessels (VMS and others) are crucial for the recovery of the stock.
On the other hand, often stricter measures than those adopted in RFMOs are applied to the EU fleet. We need to convince third countries, through our action in RFMOs, to follow the EU standards in these cases.
Rapporteur would like to strengthen the concept that, when allocating the fishing opportunities, quotas should be fairly distributed among the various fleet segments, giving consideration to traditional and artisanal fishing. Furthermore, if quota increase, new vessels should be taken in consideration for distribution, in order to avoid monopolization of fishing opportunities.
When implementing the recovery plan, the Union and Member States should endeavour to promote coastal fishing activities and the use of fishing gear and techniques, which are selective and have a reduced environmental impact. In that respect believes that the use of circle hooks for swordfish fishing should be promoted as they reduce sensitive species by-catch such as sea turtles and favour the reduction of undersized swordfish catches without affecting the volume of landings.
OPINION of the Committee on the Environment, Public Health and Food Safety (23.7.2018)
for the Committee on Fisheries
on the proposal for a regulation of the European Parliament and of the Council on a multiannual recovery plan for Mediterranean swordfish and amending Regulations (EC) No 1967/2006 and (EU) 2017/2107
(COM(2018)0229 – C8‑0162/2018 – 2018/0109(COD))
Rapporteur for opinion: Adina‑Ioana Vălean
AMENDMENTS
The Committee on the Environment, Public Health and Food Safety calls on the Committee on Fisheries, as the committee responsible, to take into account the following amendments:
Amendment 1 Proposal for a regulation Article 13 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to catch, retain on board, tranship or land more than one swordfish per vessel per day for recreational fisheries. Member States shall take the necessary measures to ensure and facilitate the release of swordfish caught alive in the framework of recreational fishing. |
3. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to catch, retain on board, tranship or land more than one swordfish per vessel per day for recreational fisheries. Member States shall take the necessary measures to ensure and facilitate the release of swordfish caught alive in the framework of recreational fishing and should be able to take more restrictive measures which improve swordfish protection. |
Amendment 2 Proposal for a regulation Article 15 – paragraph 1 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) Fishing vessels targeting Mediterranean swordfish; |
(a) Active fishing vessels, as defined in Regulation (EU) No 1380/2013, targeting Mediterranean swordfish, and, wherever applicable, having an associated record of catches; |
Amendment 3 Proposal for a regulation Article 15 – paragraph 1 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) Fishing vessel catching Mediterranean swordfish as by-catch; and |
(b) Active fishing vessels, as defined in Regulation (EU) No 1380/2013, catching Mediterranean swordfish as by-catch; and |
Justification | |
This management plan is an opportunity to ensure that vessels authorised to fish in RFMO areas are actually active or operating in these areas. Accurate information on where vessels are fishing and which species they are targeting is vital to ensuring transparency and accountability in global fisheries, and the sustainable management of fish stocks. | |
Amendment 4 Proposal for a regulation Article 20 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Each Member State concerned shall ensure that national scientific observers are deployed on at least 20% of pelagic longline vessels targeting Mediterranean swordfish. The percentage coverage will be measured in fishing days, number of sets or trips. |
2. Each Member State concerned shall ensure that national scientific observers are deployed on at least 30 % of pelagic longline vessels targeting Mediterranean swordfish. The percentage coverage will be measured in fishing days, number of sets or trips. |
Justification | |
The scientific committees of ICCAT recommends that the minimum level of observers’ coverage for this kind of gear type should be at least 20%. The dire state of the Mediterranean swordfish, combined with the low level of compliance require a high coverage of observers for a full and accurate collection of catch data to make this recovery plan work. | |
Amendment 5 Proposal for a regulation Article 31 – paragraph 4 a (new) | |
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Text proposed by the Commission |
Amendment |
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4a. The annual reports referred to in this Article shall be made public on the website of the Commission. |
PROCEDURE – COMMITTEE ASKED FOR OPINION
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Title |
Proposal for a Regulation of the European Parliament and of the Council on a multiannual recovery plan for Mediterranean swordfish and amending Regulations (EC) No 1967/2006 and (EU) 2017/2107 |
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References |
COM(2018)0229 – C8-0162/2018 – 2018/0109(COD) |
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Committee responsible Date announced in plenary |
PECH 2.5.2018 |
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Opinion by Date announced in plenary |
ENVI 2.5.2018 |
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Rapporteur Date appointed |
Adina-Ioana Vălean 16.5.2018 |
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Date adopted |
10.7.2018 |
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Result of final vote |
+: –: 0: |
51 1 2 |
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Members present for the final vote |
Marco Affronte, Margrete Auken, Pilar Ayuso, Catherine Bearder, Ivo Belet, Biljana Borzan, Paul Brannen, Soledad Cabezón Ruiz, Nessa Childers, Birgit Collin-Langen, Miriam Dalli, Seb Dance, Mark Demesmaeker, Bas Eickhout, Karl-Heinz Florenz, Francesc Gambús, Arne Gericke, Jens Gieseke, Julie Girling, Sylvie Goddyn, Françoise Grossetête, Andrzej Grzyb, Jytte Guteland, György Hölvényi, Karin Kadenbach, Urszula Krupa, Giovanni La Via, Jo Leinen, Peter Liese, Valentinas Mazuronis, Susanne Melior, Miroslav Mikolášik, Rory Palmer, Massimo Paolucci, Piernicola Pedicini, Bolesław G. Piecha, Pavel Poc, John Procter, Julia Reid, Frédérique Ries, Daciana Octavia Sârbu, Annie Schreijer-Pierik, Davor Škrlec, Renate Sommer, Adina-Ioana Vălean, Damiano Zoffoli |
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Substitutes present for the final vote |
Guillaume Balas, Anja Hazekamp, Jan Huitema, Alojz Peterle, Christel Schaldemose, Keith Taylor |
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Substitutes under Rule 200(2) present for the final vote |
Marc Joulaud, Stanisław Ożóg |
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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
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51 |
+ |
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ALDE |
Catherine Bearder, Jan Huitema, Valentinas Mazuronis, Frédérique Ries |
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ECR |
Mark Demesmaeker, Arne Gericke, Urszula Krupa, Stanisław Ożóg, Bolesław G. Piecha, John Procter |
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GUE/NGL |
Anja Hazekamp |
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PPE |
Pilar Ayuso, Ivo Belet, Birgit Collin-Langen, Karl-Heinz Florenz, Francesc Gambús, Jens Gieseke, Julie Girling, Françoise Grossetête, Andrzej Grzyb, György Hölvényi, Marc Joulaud, Giovanni La Via, Peter Liese, Miroslav Mikolášik, Alojz Peterle, Annie Schreijer-Pierik, Renate Sommer, Adina-Ioana Vălean |
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S&D |
Guillaume Balas, Biljana Borzan, Paul Brannen, Soledad Cabezón Ruiz, Nessa Childers, Miriam Dalli, Seb Dance, Jytte Guteland, Karin Kadenbach, Jo Leinen, Susanne Melior, Rory Palmer, Massimo Paolucci, Pavel Poc, Christel Schaldemose, Daciana Octavia Sârbu, Damiano Zoffoli |
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VERTS |
Marco Affronte, Margrete Auken, Bas Eickhout, Davor Škrlec, Keith Taylor |
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1 |
- |
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EFDD |
Julie Reid |
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2 |
0 |
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EFDD |
Piernicola Pedicini |
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ENF |
Sylvie Goddyn |
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Key to symbols:
+ : in favour
- : against
0 : abstention
PROCEDURE – COMMITTEE RESPONSIBLE
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Title |
Proposal for a Regulation of the European Parliament and of the Council on a multiannual recovery plan for Mediterranean swordfish and amending Regulations (EC) No 1967/2006 and (EU) 2017/2107 |
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References |
COM(2018)0229 – C8-0162/2018 – 2018/0109(COD) |
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Date submitted to Parliament |
24.4.2018 |
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Committee responsible Date announced in plenary |
PECH 2.5.2018 |
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Committees asked for opinions Date announced in plenary |
ENVI 2.5.2018 |
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Rapporteurs Date appointed |
Marco Affronte 31.5.2018 |
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Discussed in committee |
14.5.2018 |
21.6.2018 |
24.9.2018 |
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Date adopted |
21.11.2018 |
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Result of final vote |
+: –: 0: |
23 0 1 |
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Members present for the final vote |
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 |
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Substitutes present for the final vote |
Ole Christensen, Rosa D’Amato, Francisco José Millán Mon, Maria Lidia Senra Rodríguez, Nils Torvalds |
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Date tabled |
23.11.2018 |
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FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
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23 |
+ |
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ALDE |
António Marinho e Pinto, Nils Torvalds |
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ECR |
Peter van Dalen, Remo Sernagiotto, Ruža Tomašić |
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EFDD |
Rosa D'Amato |
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GUE/NGL |
Maria Lidia Senra Rodríguez |
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PPE |
Alain Cadec, Carlos Iturgaiz, Werner Kuhn, Barbara Matera, Francisco José Millán Mon, Annie Schreijer-Pierik, Jarosław Wałęsa |
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S&D |
Clara Eugenia Aguilera García, Renata Briano, Ole Christensen, Richard Corbett, Ulrike Rodust, Isabelle Thomas |
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VERTS/ALE |
Marco Affronte, Linnéa Engström, Ian Hudghton |
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0 |
- |
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1 |
0 |
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EFDD |
Sylvie Goddyn |
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Key to symbols:
+ : in favour
- : against
0 : abstention