REPORT on the proposal for a regulation of the European Parliament and of the Council laying down conservation and control measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation and repealing Council Regulation (EC) No 2115/2005 and Council Regulation (EC) No 1386/2007
16.1.2019 - (COM(2018)0577 – C8-0391/2018 – 2018/0304(COD)) - ***I
Committee on Fisheries
Rapporteur: Ricardo Serrão Santos
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council laying down conservation and control measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation and repealing Council Regulation (EC) No 2115/2005 and Council Regulation (EC) No 1386/2007
(COM(2018)0577 – C8-0391/2018 – 2018/0304(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2018)0577),
– 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 (C8-0391/2018),
– 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 ...[1],
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the report of the Committee on Fisheries (A8-0017/2019),
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 7 | |
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Text proposed by the Commission |
Amendment |
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(7) Considering that certain provisions of the NAFO Conservation and Enforcement Measures are being amended more frequently by NAFO Contracting Parties and are foreseen likely to be amended more in the future, in order to swiftly incorporate into Union law future amendments to the NAFO Conservation and Enforcement Measures, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should therefore be delegated to the Commission in respect of the following aspects: reporting time limits, deadlines for submission of reports; definitions; list of prohibited activities of research vessels; certain catch and efforts limitations; duties related to closures of fisheries; situations where species listed in the fishing opportunities shall be classified as bycatch, specified maxima for the retention on board for species classified as bycatch; certain obligations in case bycatch limits are exceeded in any one haul; measures related to skate fishing; measures related to Northern prawn fishing; change of fishery depths and references to restricted or closed areas; procedures concerning authorised vessels with more than 50 tonnes live weight total catch on board taken outside the Regulatory Area entering the area to fish for Greenland halibut, preconditions for beginning to fishing for Greenland halibut; geographical and time closures for Northern prawn; shark conservation measures, including reporting, prohibition of removal of shark fins on board, retention, transhipment and landing; technical characteristics of mesh sizes; references to Map of Footprint; and references to area restrictions for bottom fishing activities; provisions concerning definition of encounter with Vulnerable Marine Ecosystems (VME) indicator species and duties of an observer deployed; content of the electronic transmission, list of valid documents to be carried on board the vessels, the content of capacity plans; documentation to be carried on board of vessels on chartering arrangements; obligations concerning the utilization of fishing logbooks, production logbooks, stowage plans, including reporting and transmission duties; the VMS (Vessel Monitoring System) data; provisions on electronic reporting on the content of notifications; obligations of the master of a fishing vessel during inspection; duties of inspectors and of inspecting Member States; list of violations constituting a serious infringement; duties of the flag Member State and of the port Member State; obligations of the master of a fishing vessel; port entry requirements and inspections of non-contracting party parties; list of measures to be taken by Member State against IUU listed vessels; and annual reporting obligations. |
(7) The transposition into Union law of any future recommendations amending the NAFO Conservation and Enforcement Measures shall be done through the ordinary legislative procedure. |
Justification | |
The Commission proposes to transpose future amendments to this NAFO Conservation and Enforcement Measure through delegated acts. This would practically mean that the EP has no say at all in NAFO and, in the future, in other international fora. The transposition of RFMOs’ Recommendations has to remain a joint European Parliament and Council competence under the ordinary legislative procedure (co-decision). | |
Amendment 2 Proposal for a regulation Recital 9 a (new) | |
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Text proposed by the Commission |
Amendment |
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(9a) Notes that current Regulation highlights the "at risk" status of elasmobranch species such as sharks and rays and that, according to findings by the International Union for Conservation of Nature, shark populations and hence marine ecosystems are seriously threatened. |
Amendment 3 Proposal for a regulation Article 3 – paragraph 1 – point 17 | |
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Text proposed by the Commission |
Amendment |
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(17) ‘Footprint’, otherwise known as ‘Existing bottom fishing areas’, means that portion of the Regulatory Area where bottom fishing has historically occurred, and is defined by the coordinates shown in Table 4 and illustrated in Figure 2 of the CEM; |
(17) ‘Footprint’, otherwise known as ‘Existing bottom fishing areas’, means that portion of the Regulatory Area where bottom fishing has historically occurred, and is defined by the coordinates shown in Table 4 and illustrated in Figure 2 of the CEM set out in points 1 and 2 of the Annex to this Regulation; |
Amendment 4 Proposal for a regulation Article 3 – paragraph 1 – point 21 | |
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Text proposed by the Commission |
Amendment |
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(21) ‘VME indicator species’ means the species that signal the occurrence of vulnerable marine ecosystems, as specified in Part VI of Annex I.E of the CEM; |
(21) ‘VME indicator species’ means the species that signal the occurrence of vulnerable marine ecosystems, as specified in Part VI of Annex I.E of the CEM set out in point 3 of the Annex to this Regulation; |
Amendment 5 Proposal for a regulation Article 3 – paragraph 1 – point 29 | |
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Text proposed by the Commission |
Amendment |
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(29) ‘VME indicator element’ means the VME indicator element referred to in topographical, hydrophysical or geological features which potentially support VMEs, as specified in Part VII of Annex I.E of the CEM. |
(29) ‘VME indicator element’ means the VME indicator element referred to in topographical, hydrophysical or geological features which potentially support VMEs, as specified in Part VII of Annex I.E of the CEM set out in point 4 of the Annex to this Regulation. |
Amendment 6 Proposal for a regulation Article 4 – paragraph 2 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) conduct fishing activities inconsistent with its research plan; or |
(a) conduct fishing activities inconsistent with its research plan, including those conducted outside the Regulatory Area; or |
Justification | |
Research vessels must include in their research plans all fishing activities to be carried out, including those conducted outside the Regulatory Area. Research activities other than those included in the research plans must not be permitted. | |
Amendment 7 Proposal for a regulation Article 4 – paragraph 2 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) take 3L Northern prawn in excess of the allocation of the Member State. |
(b) take 3L Northern prawn in excess of the allocation of the flag Member State of the vessel. |
Justification | |
It must be made clear that the maximum amount of Northern prawn that can be caught in Area 3L is that established for the flag Member State of the research vessel. | |
Amendment 8 Proposal for a regulation Article 4 – paragraph 3 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) by electronic transmission in the format prescribed in Annex II.C of the CEM, notify the Commission of all research vessels entitled to fly its flag it has authorized to conduct research activities in the Regulatory Area; and |
(a) by electronic transmission in the format prescribed in Annex II.C of the CEM set out in point 5 of the Annex to this Regulation, notify the Commission of all research vessels entitled to fly its flag it has authorized to conduct research activities in the Regulatory Area; and |
Amendment 9 Proposal for a regulation Article 5 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. Each Member State shall ensure that all catch and effort limitations shall apply to stocks identified in fishing opportunities in force, and unless otherwise stated, all quotas shall be expressed as live weight, in metric tonnes. |
1. Each Member State shall ensure that all catch and/or effort limitations shall apply to stocks identified in fishing opportunities in force, and unless otherwise stated, all quotas shall be expressed as live weight, in metric tonnes. |
Justification | |
It should be made clear that there are catch and fishing effort limitations, which are applied to stocks independently of each other. | |
Amendment 10 Proposal for a regulation Article 5 – paragraph 2 – point c | |
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Text proposed by the Commission |
Amendment |
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(c) ensure that no more 3M redfish is retained onboard its vessels after the estimated date when 100 % of the 3M redfish TAC is taken; |
(c) ensure that no more 3M redfish is retained onboard its vessels after the estimated date when 100 % of the 3M redfish TAC is taken, except where authorised by the CEM; |
Amendment 11 Proposal for a regulation Article 9 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. For the purpose of this Article, Division 3M includes that portion of Division 3L enclosed by lines joining the points described in Table 1 and depicted in Figure 1(1) of the CEM. |
1. For the purpose of this Article, Division 3M includes that portion of Division 3L enclosed by lines joining the points described in Table 1 and depicted in Figure 1(1) of the CEM set out in point 6 of the Annex to this Regulation. |
Amendment 12 Proposal for a regulation Article 9 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. No vessel shall fish for Northern prawn in Division 3M between 00:01 Coordinated Universal Time (UTC) on 1 June and 24:00 UTC on 31 December in the area as described in the Table 2 and depicted in Figure 1(2) of the CEM. |
4. No vessel shall fish for Northern prawn in Division 3M between 00:01 Coordinated Universal Time (UTC) on 1 June and 24:00 UTC on 31 December in the area as described in the Table 2 and depicted in Figure 1(2) of the CEM set out in point 7 of the Annex to this Regulation. |
Amendment 13 Proposal for a regulation Article 9 – paragraph 5 | |
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Text proposed by the Commission |
Amendment |
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5. All fishing for Northern prawn in Division 3L shall take place in depths greater than 200 m. Fishing in the Regulatory Area shall be restricted to an area east of a line bound by the coordinates described in Table 3 and depicted in Figure 1(3) of the CEM. |
5. All fishing for Northern prawn in Division 3L shall take place in depths greater than 200 m. Fishing in the Regulatory Area shall be restricted to an area east of a line bound by the coordinates described in Table 3 and depicted in Figure 1(3) of the CEM set out in point 8 of the Annex to this Regulation. |
Amendment 14 Proposal for a regulation Article 10 – paragraph 1 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) an authorized vessel shall land its Greenland halibut catch only in a designated port. To this end, each Member State shall designate one or more ports in its territory where authorized vessels may land Greenland halibut; |
(b) an authorized vessel shall land its Greenland halibut catch only in a designated port. To this end, each Member State shall designate one or more ports where authorized vessels may land Greenland halibut; |
Justification | |
Article 10(1)b could be understood to mean that Greenland halibut may only be landed in a designated port in the territory of the Member State. This has not been standard practice hitherto and is not necessary. | |
Amendment 15 Proposal for a regulation Article 10 – paragraph 1 – point d | |
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Text proposed by the Commission |
Amendment |
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(d) at least 48 hours before its estimated time of arrival in port, an authorized vessel or its representative on its behalf, shall advise the competent port authority of its estimated time of arrival, the estimated quantity of Greenland halibut retained onboard, and information on the division or divisions where the catches were taken; |
(d) at least 48 hours before its estimated time of arrival in port, an authorized vessel or its representative on its behalf, shall advise the port’s competent fisheries control authority of its estimated time of arrival, the estimated total quantity of Greenland halibut retained onboard, and information on the estimated quantities by division or divisions where the catches were taken; |
Justification | |
This amendment is made to bring the text into line with the Spanish system of competencies. | |
Amendment 16 Proposal for a regulation Article 10 – paragraph 1 – point e | |
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Text proposed by the Commission |
Amendment |
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(e) each Member State shall inspect each landing of Greenland halibut in its ports and prepare an inspection report in the format prescribed in Annex IV.C of the CEM, and send it to the Commission with the EFCA in copy, within 10 working days from the date on which the inspection was completed. The PSC-3 report shall identify and provide details of any infringement of the Regulation detected during the port inspection. It shall include all relevant information available in reference to infringements detected at sea during the current trip of the inspected fishing vessel. The Commission shall post the information to the NAFO MCS Website. |
(e) each Member State shall inspect each landing of Greenland halibut in its ports and prepare an inspection report in the format prescribed in Annex IV.C of the CEM set out in point 9 of the Annex to this Regulation, and send it to the Commission with the EFCA in copy, within 14 working days from the date on which the inspection was completed. The PSC-3 report shall identify and provide details of any infringement of the Regulation detected during the port inspection. It shall include all relevant information available in reference to infringements detected at sea during the current trip of the inspected fishing vessel. The Commission shall post the information to the NAFO MCS Website. |
Amendment 17 Proposal for a regulation Article 12 – paragraph 5 – introductory part | |
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Text proposed by the Commission |
Amendment |
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5. Member States shall, where possible: |
5. Member States shall: |
Amendment 18 Proposal for a regulation Article 12 – paragraph 5 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) undertake research to identify ways to make fishing gear more selective for the protection of sharks; |
(a) undertake research to identify ways to make fishing gear more selective for the protection of sharks and elasmobranch species; |
Amendment 19 Proposal for a regulation Article 12 – paragraph 5 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) conduct research on key biological and ecological parameters, life-history, behavioural traits and migration patterns, as well as on the identification of potential mapping, pupping and nursery grounds of key shark species. |
(b) conduct research on key biological and ecological parameters, life-history, behavioural traits and migration patterns, as well as on the identification of potential mapping, pupping and nursery grounds of key shark and elasmobranch species. |
Amendment 20 Proposal for a regulation Article 13 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. For the purpose of this Article, mesh size is measured in accordance with the Annex III.A of the CEM. |
1. For the purpose of this Article, mesh size is measured in accordance with the Annex III.A of the CEM set out in point 10 of the Annex to this Regulation. |
Amendment 21 Proposal for a regulation Article 13 – paragraph 2 – point d | |
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Text proposed by the Commission |
Amendment |
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(d) 130 mm for all other groundfish, as defined in Annex I.C of CEM; |
(d) 130 mm for all other groundfish, as defined in Annex I.C of CEM set out in point 11 of the Annex to this Regulation; |
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. No vessel shall use any means or device that obstructs or diminishes the size of the meshes. However, vessels may attach devices described in the Annex III.B Authorized Topside Chafers/Shrimp Toggle Chains of the CEM to the upper side of the codend in a manner that does not obstruct the meshes of the codend including any lengthener(s). Canvas, netting or other material may be attached to the underside of the codend of a net only to the extent required to prevent or minimize damage to the codend. |
2. No vessel shall use any means or device that obstructs or diminishes the size of the meshes. However, vessels may attach devices described in the Annex III.B Authorized Topside Chafers/Shrimp Toggle Chains of the CEM set out in point 12 of the Annex to this Regulation, to the upper side of the codend in a manner that does not obstruct the meshes of the codend including any lengthener(s). Canvas, netting or other material may be attached to the underside of the codend of a net only to the extent required to prevent or minimize damage to the codend. |
Amendment 23 Proposal for a regulation Article 14 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Vessels fishing for Northern prawn in Divisions 3L or 3M shall use sorting grids or grates with a maximum bar spacing of 22 mm. Vessels fishing for Northern prawn in Division 3L shall also be equipped with toggle chains with a minimum length of 72 cm as measured in accordance with Annex III.B of the CEM. |
3. Vessels fishing for Northern prawn in Divisions 3L or 3M shall use sorting grids or grates with a maximum bar spacing of 22 mm. Vessels fishing for Northern prawn in Division 3L shall also be equipped with toggle chains with a minimum length of 72 cm as measured in accordance with Annex III.B of the CEM set out in point 12 of the Annex to this Regulation. |
Amendment 24 Proposal for a regulation Article 16 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. No vessel shall retain on board any fish smaller than the minimum size established in accordance with Annex I.D of the CEM, which it shall immediately return to the sea. |
1. No vessel shall retain on board any fish smaller than the minimum size established in accordance with Annex I.D of the CEM set out in point 13 of the Annex to this Regulation, which it shall immediately return to the sea. |
Amendment 25 Proposal for a regulation Article 16 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Processed fish which is below a length equivalent prescribed for that species in Annex I.D of the CEM is considered to derive from fish that is smaller than the minimum fish size prescribed for that species. |
2. Processed fish which is below a length equivalent prescribed for that species in Annex I.D of the CEM set out in point 13 of the Annex to this Regulation, is considered to derive from fish that is smaller than the minimum fish size prescribed for that species. |
Amendment 26 Proposal for a regulation Article 17 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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The map of existing bottom fishing areas in the Regulatory Area illustrated in the Figure 2 of the CEM is delimited on the western side by the Canadian Exclusive Economic Zone boundary and the eastern side by the coordinates shown in Table 4 of the CEM. |
The map of existing bottom fishing areas in the Regulatory Area illustrated in the Figure 2 of the CEM set out in point 2 of the Annex to this Regulation, is delimited on the western side by the Canadian Exclusive Economic Zone boundary and the eastern side by the coordinates shown in Table 4 of the CEM set out in point 14 of the Annex to this Regulation. |
Amendment 27 Proposal for a regulation Article 18 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. Until 31 December 2020, no vessel shall engage in bottom fishing activities in any of the areas illustrated in Figure 3 of the CEM and defined by connecting the coordinates specified in Table 5 of the CEM in their numerical order and back to coordinate 1. |
1. Until 31 December 2020, no vessel shall engage in bottom fishing activities in any of the areas illustrated in Figure 3 of the CEM set out in point 1 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 5 of the CEM set out in point 16 of the Annex to this Regulation, in their numerical order and back to coordinate 1. |
Amendment 28 Proposal for a regulation Article 18 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Until 31 December 2020, no vessel shall engage in bottom fishing activities in the area of Division 3O illustrated in Figure 4 of the CEM and defined by connecting the coordinates specified in Table 6 of the CEM in their numerical order and back to coordinate 1. |
2. Until 31 December 2020, no vessel shall engage in bottom fishing activities in the area of Division 3O illustrated in Figure 4 of the CEM set out in point 17 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 6 of the CEM set out in point 18 of the Annex to this Regulation, in their numerical order and back to coordinate 1. |
Amendment 29 Proposal for a regulation Article 18 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Until 31 December 2020, no vessel shall engage in bottom fishing activities in areas 1-13 illustrated in Figure 5 of the CEM and defined by connecting the coordinates specified in Table 7 of the CEM in numerical order and back to coordinate 1. |
3. Until 31 December 2020, no vessel shall engage in bottom fishing activities in areas 1-13 illustrated in Figure 5 of the CEM set out in point 19 of the Annexto this Regulation, and defined by connecting the coordinates specified in Table 7 of the CEM set out in point 20 of the Annex to this Regulation, in numerical order and back to coordinate 1. |
Amendment 30 Proposal for a regulation Article 18 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. Until 31 December 2018, no vessel shall engage in bottom fishing activities in area 14 illustrated in Figure 5 and defined by connecting the coordinates specified in Table 7 of the CEM in their numerical order and back to coordinate 1. |
4. Until 31 December 2018, no vessel shall engage in bottom fishing activities in area 14 illustrated in Figure 5 of the CEM set out in point 19 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 7 of the CEM set out in point 20 of the Annex to this Regulation, in their numerical order and back to coordinate 1. |
Amendment 31 Proposal for a regulation Article 19 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. Exploratory bottom fishing activities shall be subject to a prior exploration conducted in accordance with the exploratory protocol set out in Annex I.E of the CEM. |
1. Exploratory bottom fishing activities shall be subject to a prior exploration conducted in accordance with the exploratory protocol set out in Annex I.E of the CEM contained in point 21 of the Annex to this Regulation. |
Amendment 32 Proposal for a regulation Article 19 – paragraph 2 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) communicate to the Commission the ‘Notice of Intent to Undertake Exploratory Bottom Fishing’ in accordance with Annex I.E of the CEM together with the assessment required under Article 20(1); |
(a) communicate to the Commission the ‘Notice of Intent to Undertake Exploratory Bottom Fishing’ in accordance with Annex I.E of the CEM set out in point 22 of the Annex to this Regulation, together with the assessment required under Article 20(1); |
Amendment 33 Proposal for a regulation Article 19 – paragraph 2 – point d | |
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Text proposed by the Commission |
Amendment |
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(d) provide to the Commission an ‘Exploratory Bottom Fishing Trip Report’ in accordance with Annex I.E of the CEM within 2 months of the completion of the exploratory bottom fishing activities. |
(d) provide to the Commission an ‘Exploratory Bottom Fishing Trip Report’ in accordance with Annex I.E of the CEM set out in point 23 of the Annex to this Regulation, within 2 months of the completion of the exploratory bottom fishing activities. |
Amendment 34 Proposal for a regulation Article 20 – paragraph 2 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) address the elements in accordance with Annex I.E of the CEM. |
(b) address the elements for assessment of proposed exploratory bottom fishing activities in accordance with Annex I.E of the CEM set out in point 24 of the Annex to this Regulation. |
Amendment 35 Proposal for a regulation Article 21 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Each Member State shall require that masters of vessels entitled to fly its flag and conducting bottom fishing activities in the Regulatory Area quantify the catch of VME indicator species, where evidence of VME indicator species, in accordance Annex I.E of the CEM, are encountered during the course of fishing operations. |
2. Each Member State shall require that masters of vessels entitled to fly its flag and conducting bottom fishing activities in the Regulatory Area quantify the catch of VME indicator species, where evidence of VME indicator species, in accordance Annex I.E of the CEM set out in point 25 of the Annex to this Regulation, are encountered during the course of fishing operations. |
Amendment 36 Proposal for a regulation Article 21 – paragraph 4 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) identifies corals, sponges and other organisms to the lowest possible taxonomical level, using the ‘Exploratory Fishery Data Collection Form’ in accordance with Annex I.E of the CEM; and |
(a) identifies corals, sponges and other organisms to the lowest possible taxonomical level, using the ‘Exploratory Fishery Data Collection Form’ in accordance with Annex I.E of the CEM set out in point 26 of the Annex to this Regulation; and |
Amendment 37 Proposal for a regulation Article 22 – paragraph 1 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) a list of its vessels entitled to fly its flag which it may authorize to conduct fishing activities, in the Regulatory Area, hereinafter referred to as a ‘notified vessel’, in the format prescribed in Annex II.C1 of the CEM; |
(a) a list of its vessels entitled to fly its flag which it may authorize to conduct fishing activities, in the Regulatory Area, hereinafter referred to as a ‘notified vessel’, in the format prescribed in Annex II.C1 of the CEM set out in point 27 of the Annex to this Regulation; |
Amendment 38 Proposal for a regulation Article 22 – paragraph 1 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) from time to time, any deletion from the list of notified vessels, without delay, in the format prescribed Annex II.C2 of the CEM. |
(b) from time to time, any deletion from the list of notified vessels, without delay, in the format prescribed Annex II.C2 of the CEM set out in point 28 of the Annex to this Regulation. |
Amendment 39 Proposal for a regulation Article 22 – paragraph 5 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) the individual authorization for each vessel from the list of notified vessels it has authorized to conduct fishing activities in the Regulatory Area, hereinafter referred to as an ‘authorized vessel’, in the format specified in Annex II.C3 the CEM and no later than 20 days before the start of the fishing activities for the calendar year; |
(a) the individual authorization for each vessel from the list of notified vessels it has authorized to conduct fishing activities in the Regulatory Area, hereinafter referred to as an ‘authorized vessel’, in the format specified in Annex II.C3 the CEM set out in point 29 of the Annex to this Regulation, and no later than 20 days before the start of the fishing activities for the calendar year; |
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Each authorization shall in particular identify the start and end dates of validity and, the species for which directed fishery is allowed, unless exempted in Annex II.C3 of CEM. If the vessel intends to fish for regulated species referred to in fishing opportunities, the identification shall refer to the stock, where the regulated species is associated to the area concerned; |
Each authorization shall in particular identify the start and end dates of validity and, the species for which directed fishery is allowed, unless exempted in Annex II.C3 of CEM set out in point 29 of the Annex to this Regulation. If the vessel intends to fish for regulated species referred to in fishing opportunities, the identification shall refer to the stock, where the regulated species is associated to the area concerned; |
Amendment 40 Proposal for a regulation Article 22 – paragraph 5 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) the suspension of the authorization, in the format prescribed in Annex II.C4 of the CEM, without delay, in case of removal of the authorization concerned or of any modification to its content, where the removal or the modification occurs during the period of validity; |
(b) the suspension of the authorization, in the format prescribed in Annex II.C4 of the CEM set out in point 30 of the Annex to this Regulation, without delay, in case of removal of the authorization concerned or of any modification to its content, where the removal or the modification occurs during the period of validity; |
Amendment 41 Proposal for a regulation Article 24 – paragraph 1 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) the 3-Alpha Code for each species as listed in Annex I.C of the CEM; |
(b) the 3-Alpha Code for each species as listed in Annex I.C of the CEM set out in point 31 of the Annex to this Regulation; |
Amendment 42 Proposal for a regulation Article 24 – paragraph 1 – point e | |
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Text proposed by the Commission |
Amendment |
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(e) the product form presentation code as listed in Annex II.K of the CEM. |
(e) the product form presentation code as listed in Annex II.K of the CEM set out in point 32 of the Annex to this Regulation. |
Amendment 43 Proposal for a regulation Article 25 – paragraph 2 – introductory part | |
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Text proposed by the Commission |
Amendment |
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2. Each fishing vessel shall maintain a fishing logbook, that is retained on board for at least 12 months and in accordance with Annex II.A of the CEM: |
2. Each fishing vessel shall maintain a fishing logbook, that is retained on board for at least 12 months and in accordance with Annex II.A of the CEM set out in point 33 of the Annex to this Regulation: |
Amendment 44 Proposal for a regulation Article 25 – paragraph 5 – point d | |
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Text proposed by the Commission |
Amendment |
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(d) is retained on board until the vessel has been unloaded completely. |
(d) is retained on board until all catches have been unloaded completely from the vessel. |
Amendment 45 Proposal for a regulation Article 25 – paragraph 6 – introductory part | |
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Text proposed by the Commission |
Amendment |
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6. Every fishing vessel shall transmit electronically to its FMC reports as regards the following, in accordance with the format and the content prescribed for each type of report in Annex II.D and Annex II.F of the CEM: |
6. Every fishing vessel shall transmit electronically to its FMC reports as regards the following, in accordance with the format and the content prescribed for each type of report in Annex II.D and Annex II.F of the CEM set out in points 34 and 35 of the Annex to this Regulation: |
Amendment 46 Proposal for a regulation Article 25 – paragraph 6 – point g | |
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Text proposed by the Commission |
Amendment |
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(g) catch of species listed in List of Species of the Annex I.C of CEM for which the total live weight on board is less than 100 kg, may be reported using the 3 alpha code MZZ (marine species not specified), except in the case of sharks. All sharks shall be reported at the species level under their corresponding 3 alpha code, to the extent possible. When species specific reporting is not possible, shark species shall be recorded as either large sharks (SHX) or dogfishes (DGX), as appropriate and in accordance with the 3-alpha codes presented in Annex I.C of CEM. |
(g) catch of species listed in List of Species of the Annex I.C of CEM set out in point 31 of the Annex to this Regulation, for which the total live weight on board is less than 100 kg, may be reported using the 3 alpha code MZZ (marine species not specified), except in the case of sharks. All sharks shall be reported at the species level under their corresponding 3 alpha code, to the extent possible. When species specific reporting is not possible, shark species shall be recorded as either large sharks (SHX) or dogfishes (DGX), as appropriate and in accordance with the 3-alpha codes presented in Annex I.C of CEM set out in point 31 of the Annex to this Regulation. |
Amendment 47 Proposal for a regulation Article 25 – paragraph 7 – subparagraph 1 | |
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Text proposed by the Commission |
Amendment |
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The reports referred to in the paragraph 6 may be cancelled using the format specified in Annex II.F (8) of the CEM. If any of those reports is subject to correction, a new report shall be sent without delay after the Cancel report within the time limits set out in this Article. |
The reports referred to in the paragraph 6 may be cancelled using the format specified in Annex II.F (8) of the CEM set out in point 35 of the Annex to this Regulation. If any of those reports is subject to correction, a new report shall be sent without delay after the Cancel report within the time limits set out in this Article. |
Amendment 48 Proposal for a regulation Article 25 – paragraph 8 | |
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Text proposed by the Commission |
Amendment |
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8. Each Member State shall ensure that its FMC, immediately upon receipt, transmits electronically the reports referred to in paragraph 6 to the NAFO Executive Secretary in the format prescribed in Annex II.D of the CEM, with the Commission and the EFCA in copy. |
8. Each Member State shall ensure that its FMC, immediately upon receipt, transmits electronically the reports referred to in paragraph 6 to the NAFO Executive Secretary in the format prescribed in Annex II.D of the CEM set out in point 34 of the Annex to this Regulation, with the Commission and the EFCA in copy. |
Amendment 49 Proposal for a regulation Article 25 – paragraph 9 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) ensure that logbook information is submitted in either Extensible Markup Language (XML) or in a Microsoft Excel file format, to the Commission containing at a minimum the information outlined in Annex II.N of the CEM within 60 days following the completion of each fishing trip. |
(b) ensure that logbook information is submitted in either Extensible Markup Language (XML) or in a Microsoft Excel file format, to the Commission containing at a minimum the information outlined in Annex II.N of the CEM set out in point 36 of the Annex to this Regulation, within 60 days following the completion of each fishing trip. |
Amendment 50 Proposal for a regulation Article 26 – paragraph 9 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) the VMS position data transmitted to the NAFO Executive Secretary are in conformity with the data exchange format set out in Annex II.E of the CEM and further described in Annex II.D of the CEM. |
(b) the VMS position data transmitted to the NAFO Executive Secretary are in conformity with the data exchange format in Annex II.E of the CEM set out in point 37 of the Annex to this Regulation and further described in Annex II.D of the CEM, set out point 34 of the Annex to this Regulation. |
Amendment 51 Proposal for a regulation Article 27 – paragraph 3 – point d | |
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Text proposed by the Commission |
Amendment |
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(d) when fishing on seamount closures referred to in Article 18(1), report in the comments section of the observer report referred to in Annex II.M of the CEM, for each haul, all quantities of all VME indicator species as referred to in Annex I.E. of the CEM; |
(d) when fishing on seamount closures referred to in Article 18(1), report in the comments section of the observer report referred to in Annex II.M of the CEM set out in point 38 of the Annex to this Regulation, for each haul, all quantities of all VME indicator species as referred to in Annex I.E. of the CEM set out in point 25 of the Annex to this Regulation; |
Amendment 52 Proposal for a regulation Article 27 – paragraph 3 – point h | |
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Text proposed by the Commission |
Amendment |
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(h) as soon as possible after leaving the Regulatory Area, and at the latest at arrival of the vessel in port, submit the report, as set out in Annex II.M of the CEM, in electronic format, to the flag Member State and, if an inspection in port occurs, to the local port inspection authority. The flag Member State forwards the report to the Commission, in Microsoft Excel File format, within 25 days following the arrival of the vessel in port. The Commission shall send this report to the NAFO Executive Secretary. |
(h) as soon as possible after leaving the Regulatory Area, and at the latest at arrival of the vessel in port, submit the report, as set out in Annex II.M of the CEM set out in point 38 of the Annex to this Regulation, in electronic format, to the flag Member State and, if an inspection in port occurs, to the local port inspection authority. The flag Member State forwards the report to the Commission, in Microsoft Excel File format, within 25 days following the arrival of the vessel in port. The Commission shall send this report to the NAFO Executive Secretary. |
Amendment 53 Proposal for a regulation Article 28 – paragraph 9 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) in addition to the duties described in Article 27(3) transmit daily in accordance with Annex II.G of the CEM, observer (OBR) report to the flag Member State FMC which shall in turn, no later than 12:00 UTC of the day following its receipt, transmit it to the Commission, which will send it to the NAFO Executive Secretary; and |
(a) in addition to the duties described in Article 27(3) transmit daily in accordance with Annex II.G of the CEM, observer (OBR) report to the flag Member State FMC set out in point 39 of the Annex to this Regulation, which shall in turn, no later than 12:00 UTC of the day following its receipt, transmit it to the Commission, which will send it to the NAFO Executive Secretary; and |
Amendment 54 Proposal for a regulation Article 28 – paragraph 10 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) in accordance with Annex II.F(3) of the CEM, transmit daily the CAT report to the flag Member State FMC and ensure that the catch so reported corresponds to the logbook entries. The FMC shall in turn, no later than 12:00 UTC of the day following its receipt, transmit the report to the Commission, which will send it to the NAFO Executive Secretary; and |
(a) in accordance with Annex II.F(3) of the CEM, transmit daily the CAT report to the flag Member State FMC set out in point 40 of the Annex to this Regulation, and ensure that the catch so reported corresponds to the logbook entries. The FMC shall in turn, no later than 12:00 UTC of the day following its receipt, transmit the report to the Commission, which will send it to the NAFO Executive Secretary; and |
Amendment 55 Proposal for a regulation Article 29 – paragraph 10 | |
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Text proposed by the Commission |
Amendment |
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10. All inspection, surveillance and investigation reports referred to in this Chapter VII and associated images or evidence shall be treated as confidential, in accordance with Annex II.B of the CEM. |
10. All inspection, surveillance and investigation reports referred to in this Chapter VII and associated images or evidence shall be treated as confidential, in accordance with Annex II.B of the CEM set out in point 41 of the Annex to this Regulation. |
Amendment 56 Proposal for a regulation Article 31 – paragraph 1 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) fill out the Surveillance Report Form set out in Annex IV.A of the CEM. If the inspector has made a volumetric or catch composition evaluation of the content of a haul, the Surveillance Report shall include all relevant information regarding the composition of the tow, and refer the method used for the volumetric evaluation; |
(a) fill out the Surveillance Report Form in accordance with Annex IV.A of the CEM set out in point 42 of the Annex to this Regulation. If the inspector has made a volumetric or catch composition evaluation of the content of a haul, the Surveillance Report shall include all relevant information regarding the composition of the tow, and refer the method used for the volumetric evaluation; |
Amendment 57 Proposal for a regulation Article 32 – paragraph 1 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) display, on the inspection vessel and boarding vessel, the pennant depicted in Annex IV.E of the CEM; |
(b) display, on the inspection vessel and boarding vessel, the pennant depicted in Annex IV.E of the CEM set out in point 43 of the Annex to this Regulation; |
Amendment 58 Proposal for a regulation Article 33 – paragraph 1 – point c | |
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Text proposed by the Commission |
Amendment |
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(c) providing a boarding ladder in accordance with Annex IV.G of the CEM; |
(c) providing a boarding ladder in accordance with Annex IV.G of the CEM set out in point 44 of the Annex to this Regulation; |
Amendment 59 Proposal for a regulation Article 33 – paragraph 1 – point h | |
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Text proposed by the Commission |
Amendment |
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(h) refraining from interfering with any contact between the inspectors and the observer; |
(h) refraining from interfering with any contact between the inspectors and the observer and making available for that purpose a reserved space or area; |
Amendment 60 Proposal for a regulation Article 34 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. Each Member State shall ensure that its inspectors complete an inspection report in the form set out in Annex IV.B of the CEM in relation to each inspection. |
1. Each Member State shall ensure that its inspectors complete an inspection report in the form prescribed in Annex IV.B of the CEM set out in point 45 of the Annex to this Regulation, in relation to each inspection. |
Amendment 61 Proposal for a regulation Article 34 – paragraph 2 – point b | |
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Text proposed by the Commission |
Amendment |
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(b) when comparing entries in the production logbook with entries in the fishing logbook the inspectors shall convert production weight into live weight guided by conversion factors used by the master; |
(b) when comparing entries in the production logbook with entries in the fishing logbook the inspectors shall convert production weight into live weight guided by the conversion factors set out in Annexes XIII, XIV and XV to Regulation EU No 404/2011; for species and presentations not covered by those Annexes the conversion factors used by the master shall be applied; |
Amendment 62 Proposal for a regulation Article 35 – paragraph 1 – point d | |
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Text proposed by the Commission |
Amendment |
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(d) affix securely the inspection seal depicted in NAFO Inspection Seal provided in the Annex IV.F of the CEM, as appropriate, and duly note the action taken and the serial number of each seal in the inspection report; |
(d) affix securely the inspection seal depicted in NAFO Inspection Seal provided in the Annex IV.F of the CEM set out in point 46 of the Annex to this Regulation, as appropriate, and duly note the action taken and the serial number of each seal in the inspection report; |
Amendment 63 Proposal for a regulation Article 35 – paragraph 2 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) within 24 hours from detection of the infringement, transmit to the Commission and the EFCA, which shall in turn transmit to the competent authority of the flag State Contracting Party or Member State if different from the inspecting Member State, and the NAFO Executive Secretary, written notification of the infringement reported by its inspectors. The written notification shall include the information entered in point 15 of the Report of Inspection of the Annex IV.B of CEM; cite the relevant measures and describe in detail the basis for issuing the notice of infringement, and the evidence in support of the notice; and where possible, be accompanied by images of any gear, catch or other evidence related to the infringement referred to in paragraph 1 of this Article; |
(a) within 24 hours from detection of the infringement, transmit to the Commission and the EFCA, which shall in turn transmit to the competent authority of the flag State Contracting Party or Member State if different from the inspecting Member State, and the NAFO Executive Secretary, written notification of the infringement reported by its inspectors. The written notification shall include the information entered in point 15 of the Report of Inspection of the Annex IV.B of CEM set out in point 45 of the Annex to this Regulation; cite the relevant measures and describe in detail the basis for issuing the notice of infringement, and the evidence in support of the notice; and where possible, be accompanied by images of any gear, catch or other evidence related to the infringement referred to in paragraph 1 of this Article; |
Amendment 64 Proposal for a regulation Article 36 – paragraph 1 – point l | |
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Text proposed by the Commission |
Amendment |
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(l) obstructing, intimidating, interfering with or otherwise preventing inspectors or observers from performing their duties; |
(l) obstructing, intimidating, interfering with or otherwise preventing inspectors or observers from performing their duties, or exerting indirect forms of pressure such as preventing them from resting properly or intruding on their privacy; |
Justification | |
Observers spend long periods on board fishing vessels and attempts to disturb their rest or intrude on their privacy, while not manifestly obstructing their work, are an indirect way of compromising their ability to perform their tasks. | |
Amendment 65 Proposal for a regulation Article 39 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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The provisions in this Chapter apply to landing, transshipments, or use of ports of Member States by fishing vessels entitled to fly the flag of another NAFO Contracting Party, conducting fishing activities in the Regulatory Area. The provisions apply to fish caught in the Regulatory Area, or fish products originating from such fish, that have not been previously landed or transshipped at a port. |
The provisions in this Chapter apply to landing, transshipments, or use of ports of Member States by fishing vessels entitled to fly the flag of another NAFO Contracting Party, conducting fishing activities in the Regulatory Area. Those provisions apply to catches in the Regulatory Area, or fish products originating from such catches, that have not been previously landed or transshipped at a port. |
Justification | |
The provisions apply to all fishery resources and not just to fish. | |
Amendment 66 Proposal for a regulation Article 40 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. The port Member State shall establish a minimum prior request period. The prior request period shall be 3 working days before the estimated time of arrival. However, in agreement with the Commission, the port Member State may make provisions for another prior request period, taking into account, inter alia, catch product type or the distance between fishing grounds and its ports. The port Member State shall provide the information on the prior request period to the Commission that will post it to the NAFO MCS Website, in PDF format. |
2. The port Member State shall establish a minimum prior request period of three working days before arrival. However, in agreement with the Commission, the port Member State may make provisions for another prior request period, taking into account, inter alia, catch product type or the distance between fishing grounds and its ports. The port Member State shall provide the information on the prior request period to the Commission that will post it to the NAFO MCS Website, in PDF format. |
Amendment 67 Proposal for a regulation Article 40 – paragraph 7 – point c | |
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Text proposed by the Commission |
Amendment |
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(c) if the confirmation has not been received within 14 days of the landing the port Member State may confiscate and dispose of the fish in accordance with national rules. |
(c) if the confirmation has not been received within 14 days of completion of the landing operations, the port Member State may confiscate and dispose of the fish in accordance with national rules. |
Amendment 68 Proposal for a regulation Article 40 – paragraph 8 | |
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Text proposed by the Commission |
Amendment |
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8. The port Member State shall without delay notify the master of the fishing vessel of its decision on whether to authorize or deny the port entry, or if the vessel is in port, the landing, transhipment and other use of port. If the vessel entry is authorized the port Member State returns to the master a copy of the form Port State Control Prior Request Form of Annex II.L of the CEM with Part C duly completed. This copy shall also be sent to the Commission to be posted to the NAFO MCS Website, without delay. In case of a denial the port Member State shall also notify the flag NAFO Contracting Party. |
8. The port Member State shall without delay notify the master of the fishing vessel of its decision on whether to authorize or deny the port entry, or if the vessel is in port, the landing, transhipment and other use of port. If the vessel entry is authorized the port Member State returns to the master a copy of the form Port State Control Prior Request Form of Annex II.L of the CEM set out in point 47 of the Annex to this Regulation, with Part C duly completed. This copy shall also be sent to the Commission to be posted to the NAFO MCS Website, without delay. In case of a denial the port Member State shall also notify the flag NAFO Contracting Party. |
Amendment 69 Proposal for a regulation Article 40 – paragraph 11 | |
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Text proposed by the Commission |
Amendment |
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11. Inspections shall be consistent with Annex IV.H of CEM by authorized port Member State inspectors who shall present documents of identity to the master of the vessel prior to the inspection. |
11. Inspections shall be consistent with Annex IV.H of CEM set out in point 48of the Annex to this Regulation, and carried out by authorized port Member State inspectors who shall present documents of identity to the master of the vessel prior to the inspection. |
Amendment 70 Proposal for a regulation Article 40 – paragraph 13 – point a – point iii | |
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Text proposed by the Commission |
Amendment |
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(iii) all information on catches provided in the prior notification Port State Control Prior Request Forms of Annex II.L of CEM; |
(iii) all information on catches provided in the prior notification Port State Control Prior Request Forms of Annex II.L of CEM set out in point 47 of the Annex to this Regulation; |
Amendment 71 Proposal for a regulation Article 40 – paragraph 16 – introductory part | |
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Text proposed by the Commission |
Amendment |
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16. Each inspection shall be documented by completing the form PSC 3 (port State Control inspection form) as set out in Annex IV.C of the CEM. The process for completion and handling of the completing Report on Port State Control Inspection shall include the following: |
16. Each inspection shall be documented by completing the form PSC 3 (port State Control inspection form) in Annex IV.C of the CEM set out in point 49 of the Annex to this Regulation. The process for completion and handling of the completing Report on Port State Control Inspection shall include the following: |
Amendment 72 Proposal for a regulation Article 41 – paragraph 2 – introductory part | |
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Text proposed by the Commission |
Amendment |
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2. The Member State of a fishing vessel intending to land or tranship, or where the vessel has engaged in transhipment operations outside a port, shall confirm by returning a copy of the form, Port State Control Prior Request Form, Annex II.L of the CEM, transmitted in accordance with Article 40(5) with part B duly completed, stating that: |
2. The Member State of a fishing vessel intending to land or tranship, or where the vessel has engaged in transhipment operations outside a port, shall confirm by returning a copy of the form, Port State Control Prior Request Form, Annex II.L of the CEM set out in point 47 of the Annex to this Regulation, transmitted in accordance with Article 40(5) with part B duly completed, stating that: |
Amendment 73 Proposal for a regulation Article 42 – paragraph 1 – introductory part | |
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Text proposed by the Commission |
Amendment |
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1. The master or the agent of any fishing vessel intending to enter port shall forward the request for entry to the competent authorities of the port Member State within the request period referred to in Article 40(2). Such request shall be accompanied by the Port State Control Prior Request Form, provided for in Annex II.L of the CEM Part A duly completed as follows: |
1. The master or the agent of any fishing vessel intending to enter port shall forward the request for entry to the competent authorities of the port Member State within the request period referred to in Article 40(2). Such request shall be accompanied by the Port State Control Prior Request Form, provided for in Annex II.L of the CEM Part A set out in point 47 of the Annex to this Regulation, duly completed as follows: |
Amendment 74 Proposal for a regulation Article 42 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. A master or Agent may cancel a prior request by notifying the competent authorities of the port they intended to use. The request shall be accompanied by a copy of the original Port State Control Prior Request Form, Annex II.L of the CEM with the word ‘cancelled’ written across it. |
2. A master or Agent may cancel a prior request by notifying the competent authorities of the port they intended to use. The request shall be accompanied by a copy of the original Port State Control Prior Request Form, Annex II.L of the CEM set out in point 47 of the Annex to this Regulation, with the word ‘cancelled’ written across it. |
Amendment 75 Proposal for a regulation Article 44 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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All inspection and investigation reports and associated images or evidence, and forms referred to in this Chapter shall be treated by Member States, competent authorities, operators, masters of vessels, crew as confidential, in accordance with Annex II.B of CEM. |
All inspection and investigation reports and associated images or evidence, and forms referred to in this Chapter shall be treated by Member States, competent authorities, operators, masters of vessels, crew as confidential, in accordance with Annex II.B of CEM set out in point 41 of the Annex to this Regulation. |
Amendment 76 Proposal for a regulation Article 46 – paragraph 1 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) transmit immediately the information to the Commission using the format of the surveillance report set out in Annex IV.A of the CEM; |
(a) transmit immediately the information to the Commission using the format of the surveillance report in Annex IV.A of the CEM set out in point 42 of the Annex to this Regulation; |
Amendment 77 Proposal for a regulation Article 46 – paragraph 1 – point d – point i | |
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Text proposed by the Commission |
Amendment |
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(i) transmit the inspector’s findings to the Commission without delay, using the inspection report form set out in Annex IV.B of the CEM; and |
(i) transmit the inspector’s findings to the Commission without delay, using the inspection report form set out in Annex IV.B of the CEM set out in point 45 of the Annex to this Regulation; and |
Amendment 78 Proposal for a regulation Article 52 – paragraph 1 – introductory part | |
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Text proposed by the Commission |
Amendment |
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1. The Commission is empowered to adopt delegated acts in accordance with Article 53 concerning: |
1. The Commission is empowered to adopt delegated acts in accordance with Article 53 amending this Regulation to adapt it to measures adopted by NAFO concerning: |
Amendment 79 Proposal for a regulation Article 52 – paragraph 1 – point d a (new) | |
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Text proposed by the Commission |
Amendment |
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(da) the Annex; |
Amendment 80 Proposal for a regulation Article 54 | |
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Text proposed by the Commission |
Amendment |
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Article 54 |
deleted |
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Implementation of certain parts of and Annexes to the CEM |
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1. The parts of and Annexes to the CEM referred to in the following provisions of this Regulation shall become directly applicable in all Member States and enforceable against natural and legal persons, on the twentieth day following the publication referred to in paragraph (2): |
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(a) Article 3 (17), (21) and (29); |
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(b) Article 4(3)(a); |
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(c) Article 9(1), (4) and (5); |
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(d) Article 10(1)(e); |
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(e) Article 13(1), (2)(d); |
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(f) Article 14(2) and (3); |
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(g) Article 16(1) and (2); |
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(h) Article 17; |
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(i) Article 18(1) to (4); |
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(j) Article 19(1), (2)(a) and (d); |
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(k) Article 20(2)(b); |
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(l) Article 21(2) and (4)(a); |
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(m) Article 22(1)(a) and (b), (5)(a); |
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(n) Article 22(5)(a)(b); |
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(o) Article 24(1)(b) and (e); |
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(p) Article 25(2) and (6), (6)(g), (7), (8), (9)(b); |
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(q) Article 26(9)(b); |
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(r) Article 27(3)(d) and (h); |
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(s) Article 28(9)(a), (10)(a); |
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(t) Article 29(10); |
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(u) Article 31(1)(a); |
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(v) Article 32(b); |
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(w) Article 33(c); |
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(x) Article 34(1); |
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(y) Article 35(1)(d), (2)(a); |
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(z) Article 40(8), (11), (13)(a)(iii) and (16); |
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(aa) Article 41(2); |
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(bb) Article 42(1), (1)(a)(b) and (2); |
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(cc) Article 43; |
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(dd) Article 44; and |
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(ee) Article 46(1)(a) and (d). |
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2. The Commission shall publish in the Official Journal of the European Union the parts of and Annexes to the CEM referred to in paragraph (1) within one month after the entry into force of this Regulation. |
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The Commission shall publish in the Official Journal of the European Union subsequent changes to parts of and Annexes to the CEM already published, in accordance with the first subparagraph, within one month after those changes become binding on the Union and the Member States. |
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Amendment 81 Proposal for a regulation Annex (new) | |
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Text proposed by the Commission |
Amendment |
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Annex |
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[each item [is] to be completed with the contents of the measure referred to] |
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(1) Table 4 of the CEM referred to in point 17 of Article 3; |
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(2) Figure 2 of the CEM referred to in point 17of Article 3; |
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(3) Part VI of Annex I.E of the CEM referred to in point 21of Article 3; |
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(4) Part VII of Annex I.E of the CEM referred to in point 29of Article 3; |
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(5) Format prescribed in Annex II.C of the CEM referred to in point (a) of Article 4(3); |
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(6) Table 1 and Figure 1(1) of the CEM referred to in Article 9(1); |
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(7) Table 2 and Figure 1(2) of the CEM referred to in Article 9(4); |
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(8) Table 3 and Figure 1(3) of the CEM referred to in Article 9(5); |
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(9) Format prescribed in Annex IV.C of the CEM referred to in point (e) of Article 10(1); |
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(10) Annex III.A of the CEM referred to in Article 13(1); |
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(11) Annex I.C of CEM referred to in point (d) of Article 13(2); |
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(12) Annex III.B of the CEM referred to in Article 14(2) and (3); |
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(13) Annex I.D of the CEM referred to in Article 16(1) and (2); |
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(14) Table 4 of the CEM referred to in Article 17; |
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(15) Figure 3 of the CEM referred to in Article 18(1); |
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(16) Table 5 of the CEM referred to in Article 18(1); |
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(17) Figure 4 of the CEM referred to in Article 18(2); |
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(18) Table 6 of the CEM referred to in Article 18(2); |
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(19) Figure 5 of the CEM referred to in Article 18(3) and (4); |
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(20) Table 7 of the CEM referred to in Article 18(3) and (4); |
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(21) Exploratory protocol in Annex I.E of the CEM referred to in Article 19(1); |
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(22) Notice of Intent to Undertake Exploratory Bottom Fishing’ in Annex I.E of the CEM referred to in Article 19(2)(a); |
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(23) Exploratory Bottom Fishing Trip Report in Annex I.E of the CEM referred to in Article 19(2)(d); |
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(24) Elements for assessment of proposed exploratory bottom fishing activities in Annex I.E of the CEM referred to in Article 20(2)(b); |
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(25) List of VME indicator species in Annex I.E of the CEM referred to in Articles 21(2) and 27(3)(d); |
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(26) Exploratory Fishery Data Collection Form in Annex I.E of the CEM referred to in Article 21(4)(a); |
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(27) Format prescribed for list of vessels in Annex II.C1 of the CEM referred to in Article 22(1)(a); |
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(28) Format prescribed for deletion from the list of vessels in Annex II.C2 of the CEM referred to in Article 22(1)(b); |
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(29) Format specified for individual authorization for each vessel in Annex II.C3 the CEM referred to in Article 22(5)(a); |
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(30) Format prescribed for suspension of the authorisation in AnnexII.C4 of the CEM referred to in Article 22(5)(b); |
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(31) List of species in Annex I.C of the CEM referred to in Articles 24(1)(b) and 25(6)(g); |
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(32) List of product form presentation codes in Annex II.K of the CEM referred to in Article 24(1)(e); |
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(33) Model for fishing logbook in Annex II.A of the CEM referred to in Article 25(2); |
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(34) Format for catch report in Annex II.D of the CEM referred to in Article 25(6) and (8); |
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(35) Format for cancellation of catch report in Annex II.F of the CEM referred to in Article 25(6) and (7); |
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(36) Annex II.N of the CEM referred to in Article 25(9)(b); |
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(37) Format for data exchange in Annex II.E of the CEM referred to in Article 26(9)(b); |
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(38) Observer report in Annex II.M of the CEM referred to in Article 27(3)(d) and (h); |
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(39) Report in Annex II.G of the CEM transmitted daily by the observer as referred to in Article 28(9)(a); |
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(40) CAT report in Annex II.F(3) of the CEM transmitted daily by the master of the vessel as referred to in Article 28(10)(a); |
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(41) Rules on confidentiality in Annex II.B of the CEM referred to in Articles 29(10) and 44; |
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(42) Surveillance Report Form in Annex IV.A of the CEM referred to in Articles 31(1)(a) and 46(1)(a); |
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(43) Image of pennant in Annex IV.E of the CEM referred to in Article 32(b); |
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(44) Rules on provision of boarding ladder in Annex IV.G of the CEM referred to in Article 33(c); |
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(45) Inspection report in Annex IV.B of the CEM referred to in Articles 34(1), 35(2)(a) and 46(1)(d); |
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(46) NAFO Inspection Seal in the Annex IV.F of the CEM referred to in Article 35(1)(d); |
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(47) Port State Control Prior Request Form in Annex II.L of the CEM referred to in Articles 40(8) and (13)(a)(iii), 41(2) as well as 42(1) and (2); |
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(48) Annex IV.H of CEM on inspections referred to in Article 40(11); |
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(49) Port State Control inspection form in Annex IV.C of the CEM referred to in Article 40(16). |
- [1] Not yet published in the Official Journal.
EXPLANATORY STATEMENT
1) Substance of the Proposal
On 7 August 2018, the Commission presented a proposal for a regulation seeking to transpose into EU law the conservation and enforcement measures (CEMs) adopted by the Northwest Atlantic Fisheries Organisation (NAFO), to which the European Union (EU) has been a contracting party since 1979. NAFO is the regional fisheries management organisation (RFMO) responsible for managing fishery resources in the Northwest Atlantic. NAFO conservation and management measures apply exclusively in its Regulatory Area on the high seas. Currently the EU has authorized 35 vessels to operate in the NAFO Regulatory Area with landings restricted to the ports of Aveiro in Portugal and Vigo in Spain.
All NAFO contracting parties are members of the NAFO Commission, which, in accordance the NAFO Convention, seeks to adopt conservation and enforcement measures by consensus or, exceptionally, by a two-thirds majority. The EU is represented at meetings of the NAFO Commission by the European Commission with a five-year mandate and negotiating directives issued by the Council. The annual meetings of the EU Delegation to NAFO are attended by the Commission, the Council and the stakeholder representatives.
The NAFO Convention states that the conservation measures adopted by the NAFO Commission are binding and that the contracting parties are obliged to implement them. At its annual meetings, the NAFO Commission adopts new measures which NAFO’s Executive Secretary notifies to the contracting parties after the meeting, as NAFO Commission decisions. After receiving a notification, the Commission informs the Council about the adoption of new measures, along with the planned date for their entry into force.
Article 3(5) of the Treaty on European Union stipulates that the EU shall abide strictly by international law. This includes compliance with NAFO’s CEM.
This proposal relates to the measures adopted by NAFO since 2008 and to the entry into force on 18 May 2017 of the amended NAFO Convention.
2) The rapporteur’s position
The rapporteur welcomes this proposal for a regulation transposing into EU law the most up-to-date NAFO conservation and enforcement measures.
He would point out that, although the size of the EU fleet authorised to fish in the NAFO Regulatory Area is reduced, with a current total of 35 vessels, the catch volumes are nevertheless significant considering the size of the fleet. According the NAFO website, a total of 50 936 tonnes was caught by EU vessels in 2017, with vessels from six Member States logging their activities in this area. Portugal and Spain together account for almost 80 % of the total EU catch weight (38.18 % or 19 448 tonnes and 41.63 % or 21 207 tonnes respectively).
It is essential to ensure that the best conservation measures for fisheries in these waters are adopted and followed, given that certain target species are particularly sensitive, especially those with long life cycles. This is compounded by predominant use of trawling gear, which can cause damage to the seabed and hence habitats.
The Common Fisheries Policy should therefore be implemented across the board by all Union fishing fleets, irrespective of their geographical operating area. It is essential to ensure in this way that the exploitation of one resource has a limited impact on other resources and species and, to this end, the rapporteur urges the Commission, in the context of NAFO meetings and particularly in connection with the adoption of NAFO conservation measures, to seek the introduction of provisions reducing and possibly prohibiting rejects. It is important that the same rules apply, irrespective of the geographical area in which EU vessels are operating, in order to avoid disparities, thereby bringing the rules into line with the compulsory practices applicable to fishing operations by EU vessels in other geographical areas.
Finally, the rapporteur observes that, given the need for the rapid transposition of into EU law of amendments to CEM, no amendments were proposed to the extensive list of 30 delegated acts set out in Article 52. Whilst acknowledging that this will facilitate the prompt transposition into EU law of the most up-to-date NAFO conservation and enforcement measures, he considers some way should be found of avoiding the need for so many delegated acts. He accordingly informs the Commission that the Committee on Fisheries will verify that the delegated acts to be submitted are strictly limited to the enactment of amendments to CEM into Union law pursuant to Article 52(2) of the proposal.
PROCEDURE – COMMITTEE RESPONSIBLE
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Title |
Proposal for a regulation laying down conservation and control measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation |
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References |
COM(2018)0577 – C8-0391/2018 – 2018/0304(COD) |
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Date submitted to Parliament |
7.8.2018 |
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Committee responsible Date announced in plenary |
PECH 10.9.2018 |
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Rapporteurs Date appointed |
Ricardo Serrão Santos 4.9.2018 |
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Discussed in committee |
8.10.2018 |
27.11.2018 |
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Date adopted |
10.1.2019 |
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Result of final vote |
+: –: 0: |
23 1 0 |
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Members present for the final vote |
Marco Affronte, Clara Eugenia Aguilera García, Renata Briano, David Coburn, Diane Dodds, Linnéa Engström, Sylvie Goddyn, Carlos Iturgaiz, Werner Kuhn, António Marinho e Pinto, Gabriel Mato, Norica Nicolai, Annie Schreijer-Pierik, Ricardo Serrão Santos, Isabelle Thomas, Peter van Dalen, Jarosław Wałęsa |
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Substitutes present for the final vote |
José Blanco López, Ole Christensen, Norbert Erdős, Jens Gieseke, Czesław Hoc, Nosheena Mobarik |
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Substitutes under Rule 200(2) present for the final vote |
Tilly Metz |
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Date tabled |
16.1.2019 |
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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, Norica Nicolai |
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ECR |
Peter van Dalen, Czesław Hoc, Nosheena Mobarik |
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EFDD |
Sylvie Goddyn |
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NI |
Diane Dodds |
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PPE |
Norbert Erdős, Jens Gieseke, Carlos Iturgaiz, Werner Kuhn, Gabriel Mato, Annie Schreijer-Pierik, Jarosław Wałęsa |
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S&D |
Clara Eugenia Aguilera García, José Blanco López, Renata Briano, Ole Christensen, Ricardo Serrão Santos, Isabelle Thomas |
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VERTS/ALE |
Marco Affronte, Linnéa Engström, Tilly Metz |
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1 |
- |
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EFDD |
David Coburn |
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0 |
0 |
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Key to symbols:
+ : in favour
- : against
0 : abstention