REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009, and amending Council Regulations (EC) No 768/2005, (EC) No 1967/2006, (EC) No 1005/2008, and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries control

10.2.2021 - (COM(2018)0368 – C8-0238/2018 – 2018/0193(COD)) - ***I

Committee on Fisheries
Rapporteur: Clara Aguilera


DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009, and amending Council Regulations (EC) No 768/2005, (EC) No 1967/2006, (EC) No 1005/2008, and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries control

(COM(2018)0368 – C8-0238/2018 – 2018/0193(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

 having regard to the Commission proposal to Parliament and the Council (COM(2018)0368),

 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 (C8-0238/2018),

 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 12 December 2018[1],

 having regard to Rule 59 of its Rules of Procedure,

 having regard to the opinion of the Committee on the Environment, Public Health and Food Safety,

 having regard to the report of the Committee on Fisheries (A9-0016/2021),

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

Citation 6

 

Text proposed by the Commission

Amendment

Having regard to the opinion of the Committee of the Regions27 ,

After consulting the Committee of the Regions,

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27 OJ C , , p. .

27 OJ C , , p. .

Justification

The Committee of the Regions has declined to issue an opinion on this Regulation.

 

Amendment  2

Proposal for a regulation

Recital 1

 

Text proposed by the Commission

Amendment

(1) The common fisheries policy has been reformed by Regulation (EU) No 1380/2013 of the European Parliament and Council28. The objectives of the common fisheries policy and the requirements for fisheries control and enforcement are set out in Articles 2 and 36 of that Regulation. Its successful implementation depends on the effective and up-to-date control and enforcement system.

(1) The common fisheries policy has been reformed by Regulation (EU) No 1380/2013 of the European Parliament and Council28. The objectives of the common fisheries policy and the requirements for fisheries control and enforcement are set out in Articles 2 and 36 of that Regulation. Its successful implementation depends on a straightforward, simple, transparent and effective control system that ensures effective, uniform and up-to-date compliance in the Member States.

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

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

Justification

The new fisheries control system must be simple, transparent, effective and ensure effective, up-to-date and uniform compliance in the EU Member States.

Amendment  3

Proposal for a regulation

Recital 3

 

Text proposed by the Commission

Amendment

(3) Regulation (EC) No 1224/2009 was, however, designed prior to the adoption of the new common fisheries policy. It should therefore be amended in order to better address the requirements for the control and enforcement of the common fisheries policy in accordance with Regulation (EU) No 1380/2013 and to take advantage of modern and more cost-effective control technologies.

(3) Regulation (EC) No 1224/2009 was, however, designed prior to the adoption of the new common fisheries policy. It should therefore be amended in order to better address the requirements for the control and enforcement of the common fisheries policy in accordance with Regulation (EU) No 1380/2013, to take advantage of modern and more cost-effective control technologies and take into account the latest scientific findings with respect to the environmental sustainability of fishing and aquaculture activities.

Amendment  4

Proposal for a regulation

Recital 4 a (new)

 

Text proposed by the Commission

Amendment

 

(4a) A coherent, clear, transparent, fair and robust enforcement of the common fisheries policy will not just help to foster a dynamic fishing industry and ensure a fair standard of living for fishing communities, but it will also contribute to the achievement of sustainability in the fisheries sector and the attainment of biodiversity objectives.

Amendment  5

Proposal for a regulation

Recital 9 a (new)

 

Text proposed by the Commission

Amendment

 

(9a) In order to ensure greater harmonisation of the Union regulatory framework, a new definition of ‘sensitive species’ should be added.

Amendment  6

Proposal for a regulation

Recital 10

 

Text proposed by the Commission

Amendment

(10) A definition of 'fishing vessel' is provided in Regulation (EU) No 1380/2013 and includes vessels equipped for commercial exploitation of marine biological resources such as catching vessels, support vessels, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fisheries products, with the exception of container vessels. The definition 'fishing vessel' in Regulation (EC) No 1224/2009 should therefore be deleted.

(10) A definition of 'fishing vessel' is provided in Regulation (EU) No 1380/2013 and includes vessels equipped for commercial exploitation of marine biological resources. The definition 'fishing vessel' in Regulation (EC) No 1224/2009 should therefore be deleted.

Justification

The definition of 'fishing vessel' in its original meaning must be respected. It is not appropriate to broaden the content of a definition in the basic regulation in a recital in the Control Regulation. Broadening the concept of 'fishing vessel' will have a number of undesirable consequences. For instance, carrier vessels will now have to be included in a Member State's fishing fleet register and the capacity of such vessels will count towards the total quantity of fishing effort and fishing capacity. This will lead, among other things, to problems in adapting the fleet management, which Member States are required to carry out under Article 22 of the basic Regulation, since the maximum fishing capacity per Member State laid down in Annex II of the basic Regulation is not based on the capacity of carrier vessels.

Amendment  7

Proposal for a regulation

Recital 10 a (new)

 

Text proposed by the Commission

Amendment

 

(10a) In order to promote greater clarity and harmonisation of the Union regulatory framework and thus improve its application, a new definition of ‘direct sale’ should be added.

Amendment  8

 

Proposal for a regulation

Recital 12

 

Text proposed by the Commission

Amendment

(12) Small scale fisheries play an important role in the Union, from a biological, economic and social perspective. Considering the possible impacts of small scale fisheries on stocks, it is important to control that fishing activities and fishing efforts of smaller vessels are in compliance with the rules of the common fisheries policy. For this purpose it is necessary to obtain position data of those vessels. Therefore, Member States should be able to track all fishing vessels, including fishing vessels which are less than 12 metres' length. For vessels 12 metres' length it is now possible to use mobile devices which are less expensive and easy to use.

(12) Small scale fisheries play an important role in the Union, from a biological, economic and social perspective. Considering the possible impacts of small scale fisheries on stocks, it is important to control that fishing activities and fishing efforts of smaller vessels are in compliance with the rules of the common fisheries policy. For this purpose, it is necessary to obtain position data of those vessels and it should be possible to receive those data at regular intervals, ideally close to real time or at least every 15 minutes, without prejudice to other requirements included in international agreements. Therefore, Member States should be able to track all fishing vessels, including fishing vessels which are less than 12 metres’ length. For those vessels, it is now possible to use mobile devices, which are less expensive and easy to use. In any event, the implementation of those measures should be balanced and proportionate to the objectives pursued, should not entail an excessive burden for the fleet, especially the small-scale fleet, and should benefit from aid from the European Maritime Fisheries and Aquaculture Fund.

Amendment  9

Proposal for a regulation

Recital 14 a (new)

 

Text proposed by the Commission

Amendment

 

(14a) It should be possible to equip fishing vessels with CCTV systems on a voluntary basis. In that case, such vessels should enjoy appropriate advantages, such as the deletion of points.

Amendment  10

Proposal for a regulation

Recital 15 a (new)

 

Text proposed by the Commission

Amendment

 

(15a) While achieving the objectives of the common fisheries policy, full regard should be paid to animal welfare, in accordance with Article 13 of the Treaty on the Functioning of the European Union (TFEU), and, where relevant, food and feed safety and animal health.

Amendment  11

Proposal for a regulation

Recital 16

 

Text proposed by the Commission

Amendment

(16) The submission of catch registration data on paper formats has led to incomplete and unreliable reporting and ultimately to inadequate catch reporting by operators to Member States and by Member States to the Commission, and has hampered the exchange of information between Member States. It is therefore considered necessary that masters record data concerning catches in a digital way and submit them electronically, in particular the logbooks, transhipment declarations and landing declarations.

(16) The submission of catch registration data on paper formats has led to incomplete and unreliable reporting and ultimately to inadequate catch reporting by operators to Member States and by Member States to the Commission, and has hampered the exchange of information between Member States. It is therefore considered necessary that masters record data concerning catches in a digital way and submit them electronically, in particular the logbooks, transhipment declarations and landing declarations. It should remain possible for vessels of less than 10 metres’ length overall to present catch data in paper format, as an alternative.

Amendment  12

 

Proposal for a regulation

Recital 18

 

Text proposed by the Commission

Amendment

(18) For vessels of 12 metres' length or more, it is important that the information in the logbook is made more accurate and includes data on the catches by haul or by operation, as this will enhance the effectiveness of controls. In the case of vessels less than 12 metres' length, the obligations pertaining to the completion and submission of the logbook should be simplified and masters should only be required to submit the information contained in logbook once, before arrival at port.

(18) With the aim of enhancing the effectiveness of controls, it is important that the information in the logbook is made more accurate and includes data on the catches by fishing day or by operation. In the case of small-scale coastal fleet and fishing without vessels, the electronic logbook and the transmission of that information should not entail a disproportionate burden on those vessels and their ability to fish. In order to ensure an adequate level of control over such vessels, Member States should monitor their activities by means of a simplified format for keeping an electronic logbook and for submitting logbook information. Thus, in the case of vessels less than 12 metres’ length overall, masters should only be required to submit the information contained in logbook at least once, before landing operations begin.

Amendment  13

 

Proposal for a regulation

Recital 20

 

Text proposed by the Commission

Amendment

(20) When a fishing vessel departs, it should immediately start an electronic logbook and a unique fishing trip identifier number is assigned for that trip. The logbook, transhipment declarations and landing declarations should include a reference to this unique fishing trip identifier number to allow enhanced controls and to improve the validation of the data by Member States and the traceability of fishery products in the supply chain. In order to improve and simplify the transmission of information on fishing gear losses to Member State competent authorities, the logbook format should include information on lost gears.

(20) When a fishing vessel departs, it should immediately start an electronic logbook and a unique fishing trip identifier number is assigned for that trip. The logbook, transhipment declarations and landing declarations should include a reference to this unique fishing trip identifier number to allow enhanced controls and to improve the validation of the data by Member States and the traceability of fishery products in the supply chain. In order to improve and simplify the transmission of information on fishing gear and loss of fishing gear to Member State competent authorities, the logbook format should include information on gears and lost gears. When approximate information is required, this should be seen as indicative.

Amendment  14

Proposal for a regulation

Recital 24

 

Text proposed by the Commission

Amendment

(24) Rules on the submission of aggregated catch data and fishing efforts to the Commission should be simplified by providing for a single date for all submissions.

(24) Rules on the submission of aggregated catch data and fishing efforts to the Commission should be simplified by providing for a single date for all submissions. Those data should not be used for commercial purposes.

Amendment  15

Proposal for a regulation

Recital 26

 

Text proposed by the Commission

Amendment

(26) Provisions on fishing capacity should be updated to refer to Regulation (EU) No 1380/2013.

(26) Provisions on fishing capacity should be updated to refer to Regulation (EU) No 1380/2013. The parameters Gross Tonnage (GT) and engine power (KW) used to measure fishing capacity should be revised and if necessary replaced according to accuracy, suitability, and relevance to the Union fishing fleet in order to allow the common fisheries policy to contribute to the improvement of safety and working conditions for fishing operators.

Justification

Continuous measuring of engine power is technically complex and potentially very costly. Any system for monitoring of engine power had to be cost-effective before being introduced and possible means of funding should be ensured via the EMFF. However, Gross Tonnage (GT) and engine power (KW) measurements are not for all fishing fleets the right parameters for expressing and measuring fishing pressure.

Amendment  16

 

Proposal for a regulation

Recital 30

 

Text proposed by the Commission

Amendment

(30) Recreational fisheries play an important role in the Union, both from a biological, economic and social perspective. Considering the significant impacts of the recreational fishing on certain stocks, it is necessary to provide for specific tools allowing an effective control of recreational fisheries by the Member States. A registration or licensing system should allow a precise census of physical and legal persons participating in recreational fisheries and the collection of reliable data on catches and practices. The collection of sufficient and reliable data on recreational fishing is necessary in order to evaluate the impact of such fishing practices on stocks and provide Member States and the Commission with the information necessary for an effective management and control of marine biological resources.

(30) Recreational fisheries play an important role in the Union, both from a biological, economic and social perspective. Considering the significant impacts of the recreational fishing on certain stocks, it is necessary to provide for specific tools allowing a uniform, effective and exhaustive control of recreational fisheries by all Member States, with an appropriate system of sanctions in the event of non-compliance. A registration or licensing system should allow a precise census of physical and legal persons participating in recreational fisheries and the collection of reliable data on catches and practices. The collection of sufficient and reliable data on recreational fishing is necessary in order to evaluate the environmental, economic and social impact of those practices, especially in view of stock assessments, and provide Member States and the Commission with the information necessary for an effective management and control of marine biological resources.

Amendment  17

 

Proposal for a regulation

Recital 32

 

Text proposed by the Commission

Amendment

(32) Provisions on the controls in the supply chain should be clarified in order to allow Member States to perform controls and inspections at all stages of marketing of fishery and aquaculture products, from the first sale to the retail sale, including transport.

(32) Provisions on the controls in the supply chain should be clarified in order to allow Member States to perform controls and inspections at all stages of marketing of fishery and aquaculture products, from the first sale to the retail sale,including transport. In that respect, 'retail' is to be understood in the meaning as defined in Regulation (EU) No 1379/2013, and includes the making available of fishery and aquaculture products in hotels, restaurants, catering operations and any similar food service operations(“HORECA sector”).

Amendment  18

Proposal for a regulation

Recital 32 a (new)

 

Text proposed by the Commission

Amendment

 

(32a) Within six months of the date of entry into force of this Regulation, the Commission and Member States should prepare and launch a communication campaign targeted at fishermen and other operators in the recreational fisheries sector to properly communicate the new provisions set out in this Regulation.

Amendment  19

 

Proposal for a regulation

Recital 33

 

Text proposed by the Commission

Amendment

(33) The rules applicable to the placing of fishery and aquaculture products into lots should be clarified. It should be clarified that lots should be composed of fishery and aquaculture products of a single species, except where they consist of very small quantities.

(33) The rules applicable to the placing of fishery and aquaculture products into lots should be clarified. It should be possible to merge lots in order to create a new batch, as long as the traceability requirements are fulfilled and it is possible to identify the origin and species of those fishery and aquaculture products throughout the whole food chain.

Amendment  20

Proposal for a regulation

Recital 34

 

Text proposed by the Commission

Amendment

(34) In line with the traceability requirements set out in Article 18 of Regulation (EC) No 178/2002 of the European Parliament and Council32 , Commission Implementing Regulation (EU) No 931/201133 lays down certain traceability rules for the specific sector of food of animal origin, namely a specific set of information must be kept on record by operators, be made available to competent authorities upon request, and transferred to the operator to which the fishery product is supplied. In the fisheries sector, traceability is important not only for food safety purposes but also to allow controls and ensure the protection of consumers' interests.

(34) In line with the traceability requirements set out in Article 18 of Regulation (EC) No 178/2002 of the European Parliament and Council32 , Commission Implementing Regulation (EU) No 931/201133 lays down certain traceability rules for the specific sector of food of animal origin, namely a specific set of information must be kept on record by operators, be made available to competent authorities upon request, and transferred to the operator to which the fishery product is supplied. In the fisheries sector, traceability is important not only for food safety purposes but also to allow controls, ensure the protection of consumers' interests, combat IUU fishing and protect law-abiding fishermen from unfair competition.

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32 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

32 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

33 Commission Implementing Regulation (EU) No 931/2011 of 19 September 2011 on the traceability requirements set by Regulation (EC) No 178/2002 of the European Parliament and of the Council for food of animal origin (OJ L 242, 20.9.2011, p. 2).

33 Commission Implementing Regulation (EU) No 931/2011 of 19 September 2011 on the traceability requirements set by Regulation (EC) No 178/2002 of the European Parliament and of the Council for food of animal origin (OJ L 242, 20.9.2011, p. 2).

Amendment  21

Proposal for a regulation

Recital 37

 

Text proposed by the Commission

Amendment

(37) The same rules should apply to fishery and aquaculture products imported from third countries. In the case of imported products, the mandatory traceability information should include a reference to the catch certificate provided for by Regulation (EC) No 1005/200834 .

(37) The same rules should apply to fishery and aquaculture products imported from third countries with the aim of maintaining high food safety standards and promoting sustainable fishing practices in those third countries. In the case of imported products, the mandatory traceability information should include a reference to the catch certificate provided for by Regulation (EC) No 1005/200834 .

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34 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

34 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

Amendment  22

Proposal for a regulation

Recital 40

 

Text proposed by the Commission

Amendment

(40) In order to achieve the objectives of the common fisheries policy, the reliability and comprehensive collection of data on catches is of the utmost importance. In particular recording of catches at the time of landing should be carried out in the most reliable way possible. For that purpose, it is necessary to strengthen the procedures concerning the weighing of fishery products upon landing.

(40) In order to achieve the objectives of the common fisheries policy, the reliability and comprehensive collection of data on catches is of the utmost importance. In particular recording of catches at the time of landing should be carried out in the most reliable way possible, but without obstructing the business activities of operators. For that purpose, it is necessary to simplify the procedures concerning the weighing of fishery products upon landing.

Amendment  23

Proposal for a regulation

Recital 41

 

Text proposed by the Commission

Amendment

(41) The weighing should be performed on systems approved by the competent authorities and by operators registered by Member States to carry out that task. All products should be weighed per species upon landing as this will guarantee a more accurate reporting of the catches. Furthermore, weighing records should be recorded electronically and kept for three years.

(41) The weighing should be performed on systems approved by the competent authorities and by operators registered by Member States to carry out that task. All products should be weighed per species, unless the Member State has adopted a sampling plan approved by the Commission, as this will guarantee a more accurate reporting of the catches. Operators should make every effort to ensure that the weighing does not lead to any delay in the marketing of fresh products. Furthermore, weighing records should be recorded electronically and kept for three years. Those systems should comply with minimum requirements agreed between Member States with a view to standardising them throughout the Union.

Amendment  24

Proposal for a regulation

Recital 43

 

Text proposed by the Commission

Amendment

(43) In order to improve controls and allow the rapid validation of catch registration data and the rapid exchange of information between Member States, it is necessary that all operators record data in a digital way and submit that data electronically within 24 hours to Member States. This concerns, in particular, landing declarations, sales notes and take-over notes.

(43) In order to improve controls and allow the rapid validation of catch registration data and the rapid exchange of information between Member States, it is necessary that all operators record data in a digital way and submit that data electronically within 24 hours to Member States, except in the event of force majeure. This concerns, in particular, landing declarations and take-over notes.

Amendment  25

 

Proposal for a regulation

Recital 47 a (new)

 

Text proposed by the Commission

Amendment

 

(47a) In order to ensure the effectiveness of the provisions in Regulation (EC) No 1005/2008 relating to non-cooperating third countries, there should be a possibility to introduce safeguard measures. Where a third country has been notified of the possibility of it being identified as non-cooperating third country, the Commission should be able to temporarily suspend preferential tariffs for fishery and aquaculture products in relation to that third country. The Commission should endeavour to ensure that provisions to that effect are introduced in any international agreements concluded between the Union and third parties.

Amendment  26

Proposal for a regulation

Recital 48 a (new)

 

Text proposed by the Commission

Amendment

 

(48a) A European register of infringements should be set up in order to record individual Member States’ data concerning the infringements identified, with the aim of improving transparency and monitoring the points system more effectively.

Amendment  27

Proposal for a regulation

Recital 49

 

Text proposed by the Commission

Amendment

(49) In order to ensure a level playing field in the Member States as regards the judicial treatment of all offenders of the rules of the common fisheries policy, provisions concerning determination of behaviours that constitute serious infringements of such rules should be clarified and reinforced.

(49) In order to ensure a level playing field in the Member States as regards the judicial treatment of all offenders of the rules of the common fisheries policy, provisions concerning determination of behaviours that constitute serious infringements of such rules should be clarified and reinforced to ensure their full and consistent application in all Member States.

Amendment  28

Proposal for a regulation

Recital 52

 

Text proposed by the Commission

Amendment

(52) National entities in charge of fisheries control activities as well as any relevant judicial bodies should have access to the national register of infringements. A fully transparent exchange of information contained in national registers between Member States will also improve effectiveness and ensure a level playing field for control activities.

(52) National entities in charge of fisheries control activities as well as any relevant judicial bodies should have access to the national and European register of infringements. A fully transparent exchange of information contained in national registers between Member States will also improve effectiveness and ensure a level playing field for control activities.

Amendment  29

Proposal for a regulation

Recital 55

 

Text proposed by the Commission

Amendment

(55) The data collected by Member States is also of great value for scientific purposes. It should be clarified that scientific bodies of Member States and Union scientific bodies may be provided access to the data collected in accordance with Regulation (EC) No 1224/2009, in particular to vessel position data and fishing activity data. Finally, the fishing activity data collected by Member States is also of value for the statistical office of the European Union (Eurostat) who can use it to provide statistics on fisheries.

(55) The data collected by Member States is also of great value for scientific purposes. It should be clarified that scientific bodies of Member States and Union scientific bodies may be provided access to the data collected, properly anonymised, in accordance with Regulation (EC) No 1224/2009, in particular to vessel position data and fishing activity data, if those data no longer contain the reference to the vessel identification numbers and do not allow for the identification of natural persons. Finally, the fishing activity data collected by Member States is also of value for the statistical office of the European Union (Eurostat) who can use it to provide statistics on fisheries. In any event, those data should be in an anonymised format, so as not to permit the identification of individual vessels or natural persons.

Amendment  30

Proposal for a regulation

Recital 55 a (new)

 

Text proposed by the Commission

Amendment

 

(55a) The data collected by the European Fisheries Control Agency should be accessible to the European Environment Agency and the European Maritime Safety Agency, in order to increase the common use of knowledge on the marine environment. Closer cooperation between the agencies would enhance the understanding of issues relating to maritime policy in general and, at the same time, improve the way the European maritime space is managed. The Commission should be given the task of drawing up a partnership protocol between the agencies as the framework for their cooperation.

Amendment  31

Proposal for a regulation

Recital 58

 

Text proposed by the Commission

Amendment

(58) Processing of personal data is necessary for the fisheries control and enforcement. In particular, for the purpose of monitoring of fishing opportunities, including quota consumption, the Commission should be able to process data from logbooks, landing declarations, sales notes and other fishing activity data in order to carry out validation of the aggregated data submitted by Member States. To carry out verifications, audits and to monitor the control activities of Member States, the Commission should have access and process information such as inspection and control observers' reports and the database of infringements. In the context of preparation of and compliance with the international agreements and conservation measures, the Commission should process, when necessary, data on the fishing activities of Union fishing vessels outside Union waters, including the vessel identification numbers, name of the owner of the vessel and the master of the vessel.

(58) Processing of personal data is necessary for the fisheries control and enforcement. In particular, for the purpose of monitoring of fishing opportunities, including quota consumption, the Commission should be able to process data from logbooks, landing declarations, sales notes and other fishing activity data in order to carry out validation of the aggregated data submitted by Member States. To carry out verifications, audits and to monitor the control activities of Member States, the Commission should have access and process information such as inspection and control observers' reports and the database of infringements. In the context of preparation of and compliance with the international agreements and conservation measures, the Commission should process, when necessary, data on the fishing activities of Union fishing vessels outside Union waters, including the vessel identification numbers, name of the owner of the vessel and the master of the vessel. Stored data should be made available to the competent authorities if public health and/or food safety is at risk.

Amendment  32

Proposal for a regulation

Recital 58 a (new)

 

Text proposed by the Commission

Amendment

 

(58a) All personal data collected, transferred and stored must comply with Regulation (EU) 2016/679 of the European Parliament and the Council1a.

 

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1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

Amendment  33

Proposal for a regulation

Recital 64 – indent 7

 

Text proposed by the Commission

Amendment

 technical requirements and characteristics of electronic monitoring devices systems including CCTV;

deleted

Amendment  34

Proposal for a regulation

Recital 75 a (new)

 

Text proposed by the Commission

Amendment

 

(75a) With a view to guaranteeing consistency between the Union’s trade and fisheries policies, trade agreements concluded by the Union with third countries should incorporate a safeguard clause providing for the temporary suspension of tariff preferences for fishery and aquaculture products for such time as the third country is pre-identified or identified as a non-cooperating country in the fight against IUU fishing.

Amendment  35

 

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b a (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 3

 

Present text

Amendment

 

(ba) point 3 is replaced by the following:

3. 'control' means monitoring and surveillance;

"3. 'control' means monitoring and surveillance of all activities covered by this Regulation, including distribution and marketing activities throughout the market chain; "

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-20190814&qid=1582016726712)

Amendment  36

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b b (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 4

 

Present text

Amendment

 

(bb) point 4 is replaced by the following:

4. ‘inspection’ means any check which is carried out by officials regarding compliance with the rules of the common fisheries policy and which is noted in an inspection report;

"4. ‘inspection’ means any on site check which is carried out by officials regarding compliance with the rules of the common fisheries policy and which is noted in an inspection report; "

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-20190814&qid=1582016726712)

Amendment  37

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b c (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 5

 

Present text

Amendment

 

(bc) point 5 is replaced by the following:

5. ‘surveillance’ means the observation of fishing activities on the basis of sightings by inspection vessels or official aircrafts and technical detection and identification methods;

"5. ‘surveillance’ means the observation by officials of fishing activities on the basis of sightings by inspection vessels, official aircrafts and vehicles or other means, including technical detection and identification methods; "

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-20190814&qid=1582016726712)

Justification

The surveillance can be performed by other means, such as drones, coastal towers or vehicles equipped with radar and surveillance cameras.

Amendment  38

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b d (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 6

 

Present text

Amendment

 

(bd) point 6 is replaced by the following:

6. ‘official’ means a person authorised by a national authority, the Commission or the Community Fisheries Control Agency to carry out an inspection;

"6. ‘official’ means a person authorised by a national fisheries control authority, the Commission or the European Fisheries Control Agency to carry out an inspection; "

 

(This amendment from "Community Fisheries Control Agency" to "European Fisheries Control Agency" applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-20190814&qid=1582016726712)

Amendment  39

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b e (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 7

 

Present text

Amendment

 

(be) point 7 is replaced by the following:

7. ‘Union inspectors’ means officials of a Member State or of the Commission or the body designated by it, whose names are contained in the list established in accordance with Article 79;

"7. ‘Union inspectors’ means officials of a Member State, of the Commission or of the European Fisheries Control Agency, whose names are contained in the list established in accordance with Article 79; "

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-20190814&qid=1582016726712)

Amendment  40

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point e

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 14

 

Text proposed by the Commission

Amendment

“14. 'fishing restricted area' means any marine area where fishing activities are temporarily or permanently restricted or prohibited;"

“14. 'fishing restricted area' means any marine area where fishing activities are temporarily or permanently restricted or prohibited by either regional, national, Union or international legislation;”.

Justification

It must be made clear that restricted fishing areas can be established under regional, national, Union or international laws.

Amendment  41

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point e a (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 15

 

Present text

Amendment

 

(ea) point 15 is replaced by the following:

15. ‘fisheries monitoring centre’ means an operational centre established by a flag Member State and equipped with computer hardware and software enabling automatic data reception, processing and electronic data transmission;

"15. ‘fisheries monitoring centre’ means an operational centre established by a flag Member State and equipped with computer hardware and software enabling automatic data reception, processing, analysis, control, monitoring and electronic data transmission; "

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-20190814&qid=1582016726712)

Amendment  42

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point e b (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 16

 

Present text

Amendment

 

(eb) point 16 is replaced by the following:

16. ‘transhipment’ means the unloading of all or any fisheries or aquaculture products on board a vessel to another vessel;

16. ‘transhipment’ means the unloading of all or any fisheries or aquaculture products on board a vessel to another vessel in port or at sea;

Justification

Transhipments may take place both at sea and in port and for reasons of legal certainty this should be specified.

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-20190814&qid=1582016726712

Amendment  43

 

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point f

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 20

 

Text proposed by the Commission

Amendment

20. ‘lot’ means a batch of units of fishery or aquaculture products;

20. ‘lot’ means a specific quantity of fishery or aquaculture products of a given species which have a common origin;

Amendment  44

 

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point f a (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 20 a (new)

 

Text proposed by the Commission

Amendment

 

(fa) the following point is inserted:

 

“20a. ‘batch’ means a specific quantity of fishery or aquaculture products;”

Amendment  45

 

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point f b (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 21

 

Present text

Amendment

 

(fb) point 21 is replaced by the following:

21. ‘processing’ means the process by which the presentation was prepared. It includes filleting, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;

"21. ‘processing’ means the process by which the fishery or aquaculture products are prepared. It includes any kind of cutting, filleting, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fisheries or aquaculture products for market in any other manner; "

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-20190814&qid=1582016726712

Amendment  46

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point f c (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 22

 

Present text

Amendment

 

(fc) point 22 is replaced by the following:

22. ‘landing’ means the initial unloading of any quantity of fisheries products from on board a fishing vessel to land;

“22. ‘landing’ means the period of time required for the whole process of unloading any quantity of fisheries products from on board a fishing vessel to land;”

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-20190814&qid=1582016726712)

Amendment  47

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point h

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 23

 

Text proposed by the Commission

Amendment

(h) point 23 is deleted.

deleted

Justification

Given that retail is an important link in the marketing chain, point 23 of Regulation (EC) No 1224/2009 should be retained.

Amendment  48

 

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point i a (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 28 a (new)

 

Text proposed by the Commission

Amendment

 

(ia) the following point is inserted:

 

“28a. ‘recreational fishing charter vessel’ means a skippered boat or vessel taking passengers to sea to carry out recreational fishing activities;”

Amendment  49

 

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point i b (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 28 b (new)

 

Text proposed by the Commission

Amendment

 

(ib) the following point is inserted:

 

“28b. ‘pesca-tourism’ means recreational fishing activities organised by fishers, including activities performed with a skippered boat or vessel taking passengers to sea to carry out recreational fishing activities, as a sideline supplementing their core activity;”

Amendment  50

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point k a (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 34 a (new)

 

Text proposed by the Commission

Amendment

 

(ka) the following point is added:

 

"(34a) ‘direct sale’ means the sale of fishery and aquaculture products, whether fresh or processed, by the producer or its delegated natural person, to the final consumer at any location, including in an itinerant manner, without intermediaries.”

Amendment  51

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point k b (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 34 b (new)

 

Text proposed by the Commission

Amendment

 

(kb) the following point is added:

 

“34b. 'sensitive species’ means a sensitive species as defined in Article 6 of Regulation (EU) 2019/1241 of the European Parliament and of the Council*;”

 

________________

 

* Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).

Amendment  52

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point k c (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 34 c (new)

 

Text proposed by the Commission

Amendment

 

(kc) the following point is added:

 

“34c. ‘traceability’ means the ability to systematically trace and follow all or part of the information concerning a food through all stages of its production, processing and distribution, in terms of registered identifications;”

Justification

This Regulation needs a clear definition of traceability so that control requirements can be clearly separated from labelling requirements, the purpose of the latter being simply transparency for consumers. Traceability in the fisheries sector is essential for reasons of food safety, controlling illegal, unreported and unregulated fishing, and providing transparency for consumers. The definition in the consolidated version of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law has therefore been taken and adapted for this definition.

Amendment  53

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point k d (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 34 d (new)

 

Text proposed by the Commission

Amendment

 

(kd)  the following point is added:

 

“34d. ‘fishing without vessels’ means engaging in a fishing activity without using a fishing vessel, such as shellfishing, fishing on foot or ice fishing.”

Justification

A definition of ‘fishing without vessels’, a concept already used in interinstitutional negotiations on the Regulation on the new European Maritime and Fisheries Fund, should be included in the Control Regulation.

Amendment  54

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point k e (new)

Regulation (EC) No 1224/2009

Article 4 – paragraph 1 – point 34 e (new)

 

Text proposed by the Commission

Amendment

 

(ke) the following point is added:

 

“34e. 'sensitive habitat’ means a sensitive habitat as defined in Article 6 of Regulation (EU) 2019/1241;”

Amendment  55

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EC) No 1224/2009

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The flag Member State shall suspend temporarily the fishing licence of a vessel which is subject to temporary immobilisation decided by that Member State or which has had its fishing authorisation suspended in accordance with Article 91b.

3. The flag Member State shall suspend temporarily the fishing licence of an owner, operator or vessel which is subject to temporary immobilisation imposed by that Member State or which has had its fishing authorisation suspended in accordance with Article 91b and notify the European Fisheries Control Agency immediately. During the period of suspension, neither the vessel nor the licence may be sold, rented or transferred.

Justification

Certain Member States issue fishing licences to vessels and others to owners and/or operators. It is therefore necessary to make the distinction.

Amendment  56

Proposal for a regulation

Article 1 – paragraph 1 – point 5 – point b

Regulation (EC) No 1224/2009

Article 8 – paragraph 2 – point f a (new)

 

Text proposed by the Commission

Amendment

 

(fa) procedures for the notification of the end of use fishing gears in line with Directives (EU) 2019/883* and 2019/904** of the European Parliament and of the Council.

 

_________________

 

* Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships (OJ L 151, 7.6.2019, p. 116).

 

** Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment (OJ L 155, 12.6.2019, p. 1).

Amendment  57

 

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1224/2009

Article 9 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Member States shall operate vessel monitoring systems for effective monitoring of position and movement of the fishing vessels flying their flag wherever those vessels may be, and of fishing vessels in the Member States’ waters through the collection and analysis of vessel position data. Each flag Member State shall ensure the continuous and systematic monitoring and control of the accuracy of the vessel position data.

1. Member States shall operate vessel monitoring systems for effective monitoring of position and movement of the fishing vessels flying their flag wherever those vessels may be, as well as fishing vessels in their waters through the collection and analysis of vessel position data. Each flag Member State shall collect vessel position data and monitor and control its accuracy on a continuous and systematic basis.

Amendment  58

 

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1224/2009

Article 9 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

Union fishing vessels shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified by a vessel monitoring system through transmitting vessel position data at regular intervals.

Union fishing vessels shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified by a vessel monitoring system through transmitting automatically vessel position data at regular intervals.

Amendment  59

 

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1224/2009

Article 9 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

The vessel monitoring systems shall also allow the fisheries monitoring centre referred to in Article 9a of the flag Member State to poll the fishing vessel at all times. The transmission of vessel position data and the polling shall either pass through a satellite connection, or may use a land-based mobile network when in reach of such network.

The vessel monitoring systems shall also allow the fisheries monitoring centre referred to in Article 9a of the flag Member State to poll the fishing vessel at all times. The transmission of vessel position data and the polling shall either pass through a satellite connection, or may use a land-based mobile network when in reach of such network or other technology that ensures data security and that is available for data transmission and communication.

Amendment  60

 

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1224/2009

Article 9 – paragraph 3

 

Text proposed by the Commission

Amendment

3. By way of derogation from paragraph 2, masters of Union fishing vessels below 12 metres’ length overall may carry on board a mobile device which allows the vessel to be automatically located and identified by a vessel monitoring system through recording and transmitting vessel position data at regular intervals. In case the device is not within reach of a mobile network, the vessel position data shall be recorded during that period of time and shall be transmitted as soon as the vessel is in reach of such network and at the latest before entering port.

3. By way of derogation from paragraph 2, masters of Union fishing vessels below 12 metres’ length overall may carry on board a fully functioning mobile device which allows the vessel to be automatically located and identified by a vessel monitoring system through recording and transmitting vessel position data at regular intervals. In case the device is not within reach of a communications network, the vessel position data shall be recorded during that period of time and shall be transmitted as soon as the vessel is in reach of such network and at the latest before the landing operations begin.

Amendment  61

 

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1224/2009

Article 9 – paragraph 4

 

Text proposed by the Commission

Amendment

4. When a Union fishing vessel is in the waters of another Member State, the flag Member State shall make available the vessel position data of that vessel by automatic transmission to the fisheries monitoring centre of the coastal Member States. The vessel position data shall also be made available to the Member State in whose ports a fishing vessel is likely to land its catches or in the waters of which the fishing vessel is likely to continue its fishing activities.

4. When a Union fishing vessel is in the waters of another Member State, the flag Member State shall make available the vessel position data of that vessel by automatic transmission to the fisheries monitoring centre of the coastal Member States. The vessel position data of the fishing trips concerned shall also be made available automatically to the Member State in whose ports a fishing vessel is likely to land its catches or in the waters of which the fishing vessel is likely to continue its fishing activities.

Amendment  62

 

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1224/2009

Article 9 – paragraph 5

 

Text proposed by the Commission

Amendment

5. If a Union fishing vessel operates in the waters of a third country or in waters where the fishing resources are managed by a regional fisheries management organisation as referred to in Article 3(1), and if the agreement with that third country or the applicable rules of that organisation so provide, vessel position data shall also be made available to that country or organisation.

5. If a Union fishing vessel engages in fishing activities or operations in the waters of a third country or in waters where the fishing resources are managed by a regional fisheries management organisation as referred to in Article 3(1), and if the agreement with that third country or the applicable rules of that organisation so provide, vessel position data of the fishing trips concerned shall also be made available automatically to that country or organisation.

Amendment  63

 

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1224/2009

Article 9 – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

6a. This Article shall also apply to support vessels, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, flying the flag of a Member State.

Amendment  64

 

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1224/2009

Article 9 – paragraph 7

 

Text proposed by the Commission

Amendment

7. The Commission is empowered to adopt delegated acts in accordance with Article 119a establishing detailed rules on monitoring of fishing activities and fishing effort by the fishing monitoring centres, in particular as regards the responsibilities of the masters concerning the vessel monitoring devices.

7. The Commission is empowered to adopt delegated acts in accordance with Article 119a establishing detailed rules on monitoring of fishing activities and fishing effort by the fishing monitoring centres, in particular as regards the responsibilities of the masters concerning the vessel monitoring devices and on the frequency of transmission of the data concerning the position and movement of fishing vessels including in fishing restricted areas.

Amendment  65

 

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1224/2009

Article 9 – paragraph 8 – point c

 

Text proposed by the Commission

Amendment

(c) the frequency of transmission of the data concerning the position and movement of fishing vessels including in fishing restricted areas;

deleted

Amendment  66

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EC) No 1224/2009

Article 9a – paragraph 1

 

Text proposed by the Commission

Amendment

1. Member States shall establish and operate fisheries monitoring centres which shall monitor fishing activities and fishing effort. The fisheries monitoring centre of a particular Member State shall monitor the fishing vessels flying its flag, whatever the waters in which they are operating or the port they are in, as well as Union fishing vessels flying the flag of other Member States and fishing vessels of third countries to which vessel monitoring system provisions applies operating in the waters under the sovereignty or the jurisdiction of that particular Member State.

1. Member States shall establish and operate fisheries monitoring centres which shall monitor fishing activities and fishing effort. The fisheries monitoring centre of a particular Member State shall monitor the fishing vessels flying its flag, whatever the waters in which they are operating or the port they are in, as well as Union fishing vessels flying the flag of other Member States and fishing vessels of third countries to which vessel monitoring system provisions applies operating in the waters under the sovereignty or the jurisdiction of that particular Member State and fishing vessels flying the flag of a third country concerning which rules and/or recommendations exist that have been issued by a regional international body. Fisheries monitoring centres shall also report on the number of abandoned, lost or otherwise discarded fishing gear and actions to prevent and mitigate the presence of such gear.

Justification

The aim of the amendment is to make the rule more complete.

 

Amendment  67

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EC) No 1224/2009

Article 9a – paragraph 2

 

Text proposed by the Commission

Amendment

2. Each flag Member State shall appoint the competent authorities responsible for the fisheries monitoring centre and shall take the appropriate measures to ensure that its fisheries monitoring centre has the proper staffing resources and is equipped with computer hardware and software enabling automatic data processing and electronic data transmission. Member States shall provide for back-up and recovery procedures in case of system failure. Member States may operate a joint fisheries monitoring centre.

2. Each flag Member State shall appoint, from among the national or regional competent authorities, a lead competent authority responsible for the fisheries monitoring centre and shall take the appropriate measures to ensure that its fisheries monitoring centre has the proper staffing resources and is equipped with computer hardware and software enabling automatic data processing, analysis, control, monitoring and electronic data transmission. Member States shall provide for back-up and recovery procedures in case of system failure. Member States may operate a joint fisheries monitoring centre.

Justification

In several Member States, responsibility for monitoring lies with both national authorities and regions, and this needs to be pointed out for reasons of clarity. This amendment is part of the compromise reached between all the political groups in the last parliamentary term.

Amendment  68

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EC) No 1224/2009

Article 9a – paragraph 3

 

Text proposed by the Commission

Amendment

3. Flag Member States shall ensure that fisheries monitoring centres have access to all relevant data and in particular as listed in Articles 109 and 110 and operate 7 days a week and 24 hours a day.

3. Flag Member States shall ensure that fisheries monitoring centres have access to all relevant data and in particular as listed in Articles 109 and 110, thus ensuring monitoring 7 days a week and 24 hours a day.

Justification

This needs to be pointed out for reasons of clarity. This amendment is part of the compromise reached between all the political groups in the last parliamentary term.

Amendment  69

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EC) No 1224/2009

Article 9a – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. Fisheries monitoring centres shall support real-time monitoring of vessels so as to enable immediate enforcement action.

Justification

Where Fisheries Monitoring Centres identify an infringement of a vessel, immediate actions should be taken

Amendment  70

Proposal for a regulation

Article 1 – paragraph 1 – point 8

Regulation (EC) No 1224/2009

Article 10 – paragraph 1

 

Text proposed by the Commission

Amendment

In accordance with Directive 2002/59/EC, a fishing vessel exceeding 15 metres’ length overall shall be fitted with and maintain in operation an automatic identification system which meets the performance standards drawn up by the International Maritime Organisation.

In accordance with Directive 2002/59/EC, a fishing vessel exceeding 15 metres’ length overall shall be fitted with and maintain in continuous operation a fully functioning automatic identification system which meets the performance standards drawn up by the International Maritime Organisation.

Amendment  71

Proposal for a regulation

Article 1 – paragraph 1 – point 8

Regulation (EC) No 1224/2009

Article 10 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. By way of derogation from paragraph 1, if the master of a Union fishing vessel believes that the continuous operation of the automatic identification system might compromise safety or where security incidents are imminent, the automatic identification system may be switched off.

 

Where the automatic identification system is switched off in accordance with the first subparagraph, the master of a Union fishing vessel shall report that action and the reason for doing so to the competent authorities of its flag Member State and, when relevant, to the competent authorities of the coastal State. The master shall restart the automatic identification system as soon as the source of danger has disappeared.

Justification

There must be an obligation for the master of the fishing vessel to operate continuously AIS systems on board, unless security reasons oblige him to turn it off.

Amendment  72

Proposal for a regulation

Article 1 – paragraph 1 – point 8

Regulation (EC) No 1224/2009

Article 10 – paragraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

1b. Member States shall ensure that data from the automatic identification system is made available to their national fisheries control authorities for control purposes, including cross-checks of automatic identification system data with other available data, in accordance with Articles 109 and 110.

Amendment  73

 

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009

Article 14 – paragraph 1 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

Masters of Union fishing vessels of less than 12 metres’ length overall, as well as natural persons engaging in fishing without vessels, shall keep an electronic logbook in a simplified format.

Amendment  74

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009

Article 14 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. The fishing logbook referred to in paragraph 1 shall contain in particular the following information:

2. The fishing logbook referred to in paragraph 1 shall be of uniform format throughout the Union and shall contain in particular the following information:

Amendment  75

 

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009

Article 14 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) the date and, where appropriate, time of catches;

(d) the date of catches;

Amendment  76

 

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009

Article 14 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(f) the type of gear, technical specifications and dimensions;

(f) the type of gear and approximate dimensions;

Amendment  77

 

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009

Article 14 – paragraph 2 – point g

 

Text proposed by the Commission

Amendment

(g) the estimated quantities of each species in kilograms live weight or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry; for Union fishing vessels of 12 metres' length overall or more, this information shall be provided per haul or per fishing operation;

(g) the estimated quantities of each species in kilograms live weight or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry; for Union fishing vessels of 12 metres’ length overall or more, this information shall be provided at the end of the fishing day;

Amendment  78

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009

Article 14 – paragraph 2 – point h

 

Text proposed by the Commission

Amendment

(h) estimated discards of live-weight equivalent in volume for any species not subject to the landing obligation;

(h) estimated discards for any species not subject to the landing obligation;

Justification

The proposal states that discards of species which fisherman are not obliged to land should still be logged. Quantifying these catches (e.g. small pelagics that are returned to the sea alive or bivalve molluscs, etc.) poses serious technical difficulties. The specifics of these data, including the choice of whether or not to record them, should be left to the discretion of masters and captains.

Amendment  79

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009

Article 14 – paragraph 3 – point a

 

Text proposed by the Commission

Amendment

(a) the type of lost gear;

(a) the type and approximate dimensions of lost gear;

Amendment  80

 

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009

Article 14 – paragraph 3 – point b

 

Text proposed by the Commission

Amendment

(b) the date and time when the gear was lost;

(b) the date and approximate time when the gear was lost;

Amendment  81

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009

Article 14 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

When compared with the quantities landed or the result of an inspection, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per species. For species retained on board that do not exceed 50kg live weight equivalent, the permitted margin of tolerance shall be 20% per species.

When compared with the quantities landed or the result of an inspection, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per species. For mixed fisheries, small pelagic purse-seine vessels or species retained on board that do not exceed 100kg live weight equivalent, the permitted margin of tolerance shall be 20 % per species. For tuna species, it shall be 25 %.

Amendment  82

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009

Article 14 – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

By derogation to the first subparagraph for fisheries referred to in the first and third indents of Article 15(1)(a) of Regulation (EU) No 1380/2013 which are landed unsorted, the tolerance limitations set out in this paragraph shall not apply to catches of species which meet both of the following conditions:

By way of derogation from the first subparagraph for small pelagic fisheries (mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, Argentinian silverside, sardine and sprat) and industrial fisheries (inter alia capelin, sandeel and Norway pout) which are landed unsorted, the following exceptions shall be made:

(a) they represent less than 1 % in weight of all species landed; and

(a) the tolerance limitations set out in this paragraph shall not apply to catches of species which meet one of the following conditions:

(b) their total weight is less than 100kg.

(i) they represent less than 1% in weight of all species landed; or

 

(ii) their total weight is less than 100kg;

 

(b) for Member States which have adopted a risk-based sampling plan, approved by the Commission, for weighing unsorted landings, the following tolerance limitations shall apply:

 

(i) for small pelagics, and industrial fisheries, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % of the total volume of all species recorded in the logbook for each species;

 

(ii) for other non-target species, the permitted margin of tolerance in estimates, whether recorded in the logbook or not, of the quantities in kilograms of fish retained on board shall be 200kg or 1 % of the total volume of all species recorded in the logbook for each species; and

 

(iii) for the total quantity of all species, the permitted margin of tolerance in estimates recorded in the logbook of the total quantity in kilograms of fish retained on board shall be 10 % of the total volume of all species recorded in the logbook.

 

The permitted margin of tolerance shall not under any circumstances exceed 20 % per species.

Justification

It is not legitimate to have rules, with which the fishers – even with the best intentions – in reality cannot comply. An alternative framework, which does not affect the accuracy of the management of fishing opportunities and lies within the fishers’ ability and responsibility for their estimates in the logbooks concerning unsorted catches, is proposed.

Amendment  83

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009

Article 14 – paragraph 7

 

Text proposed by the Commission

Amendment

7. Masters of third country catching vessels operating in Union waters shall record the information referred to in this Article in the same way as masters of Union fishing vessels.

7. Masters of third country catching vessels operating in Union waters or in international waters with shared fish stocks shall record the information referred to in this Article in the same way as masters of Union fishing vessels.

Justification

The amendment supplements the text proposed by the Commission.

Amendment  84

 

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 1224/2009

Article 15 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) at least once a day, and where applicable, after each haul; and

(a) at least once at the end of the fishing day; and

Amendment  85

 

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 1224/2009

Article 15 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) after the last fishing operation has been completed and before entering port.

(b) after the last fishing operation has been completed and before landing operations begin.

Amendment  86

 

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 1224/2009

Article 15 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Masters of Union catching vessels of less than 12 metres’ length overall shall submit by electronic means the information referred to in Article 14, to the competent authority of their flag Member State after the last fishing operation has been completed and before entering port.

2. Masters of Union catching vessels of less than 12 metres’ length overall shall submit by electronic means, using a harmonised, simplified format, the information referred to in Article 14, to the competent authority of their flag Member State after the last fishing operation has been completed and before landing operations begin.

Amendment  87

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 1224/2009

Article 15 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The competent authorities of a coastal Member State shall accept electronic reports received from the flag Member State containing the data from fishing vessels referred to in paragraphs 1, 2 and 3.

4. The competent authorities of the flag Member State shall send electronic reports containing the data from fishing vessels obtained pursuant to paragraphs 1, 2 and 3 to the competent authorities of a coastal Member State. The competent authorities of a coastal Member State shall accept electronic reports received from the flag Member State containing the data from fishing vessels referred to in paragraphs 1, 2 and 3.

Amendment  88

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 1224/2009

Article 15 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Masters of third country catching vessels operating in Union waters shall submit by electronic means the information referred to in Article 14 to the competent authority of the coastal Member State."

5. Masters of third country catching vessels operating in Union waters shall submit by electronic means the information referred to in Article 14 under the same conditions as those which apply to masters of Union fishing vessels to the competent authority of the coastal Member State."

Amendment  89

Proposal for a regulation

Article 1 – paragraph 1 – point 13

Regulation (EC) No 1224/2009

Article 15a – paragraph 2 – point g

 

Text proposed by the Commission

Amendment

(g) the frequency of logbook data transmissions.

deleted

Justification

Instructions on frequency of transmission of logbook data have been set out in this Regulation.

Amendment  90

 

Proposal for a regulation

Article 1 – paragraph 1 – point 15 – point a

Regulation (EC) No 1224/2009

Article 17 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. Without prejudice to specific provisions contained in multiannual plans, masters of Union fishing vessels of 12 metres’ length overall or more shall notify by electronic means the competent authorities of their flag Member State at least four hours before the estimated time of arrival at port of the following information:

1. Without prejudice to specific provisions contained in multiannual plans, masters of Union fishing vessels of 12 metres’ length overall or more performing fishing trips longer than 24 hours, shall notify by electronic means the competent authorities of their flag Member State at least four hours before the estimated time of arrival at port of the following information:

Amendment  91

 

Proposal for a regulation

Article 1 – paragraph 1 – point 15 – point b

Regulation (EC) No 1224/2009

Article 17 – paragraph 1a

 

Text proposed by the Commission

Amendment

1a. The coastal Member State may set a shorter period of prior notification for vessels flying its flag which operate exclusively within its territorial waters provided that it does not impair the ability of Member States to carry out inspections.

1a. The coastal Member State may adapt the period of prior notification for vessels flying its flag which operate within its territorial waters, provided that it does not impair the ability of Member States to carry out inspections.

Amendment  92

Proposal for a regulation

Article 1 – paragraph 1 – point 15 – point b a (new)

Regulation (EC) No 1224/2009

Article 17 – paragraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

(ba) The following paragraph is inserted:

 

1b. Where catches are made between the time of notice being issued and arrival at port, those catches shall be notified additionally after they have been retained on board, before entering port.’

Justification

The fact that catches are sometimes made very close to ports and shortly before the end of fishing operations makes it advisable to include this provision.

Amendment  93

Proposal for a regulation

Article 1 – paragraph 1 – point 15 – point c

Regulation (EC) No 1224/2009

Article 17 – paragraph 6 – point a

 

Text proposed by the Commission

Amendment

(a) the exemption of certain categories of fishing vessels from the obligation set out in paragraph 1, taking into account the quantities and type of fisheries products to be landed;

(a) the exemption of certain categories of fishing vessels from the obligation set out in paragraph 1, taking into account the quantities and type of fisheries products to be landed and the risk of non-compliance with common fisheries policy rules;

Justification

Prior notification is a very useful tool enabling fisheries control authorities to plan more efficiently for landing. Derogations to this rule should only be made for vessels with a low risk of non-compliance with the rules of the Common Fisheries Policy.

Amendment  94

Proposal for a regulation

Article 1 – paragraph 1 – point 17

Regulation (EC) No 1224/2009

Article 19

 

Text proposed by the Commission

Amendment

(17) in Article 19, the words “in Articles 17 and 18” are replaced by the words “in Article 17”.

(17) Article 19 is replaced by the following:

 

“Article 19

 

Authorisation to enter port

 

The competent authorities of the coastal Member State may deny access to port to fishing vessels if the information referred to in Article 17 is not complete, except in cases of force majeure, including extremely bad weather conditions and situations where the safety of the crew is at risk.”;

Amendment  95

 

Proposal for a regulation

Article 1 – paragraph 1 – point 18

Regulation (EC) No 1224/2009

Article 19a – paragraph 1

 

Text proposed by the Commission

Amendment

1. Union fishing vessels shall only be authorised to land in ports outside Union waters if they have notified by electronic means the competent authorities of their flag Member State at least 3 days before the estimated time of arrival at port of the information listed in paragraph 3 and the flag Member State has not denied the authorisation to land within this period of time.

1. Union fishing vessels shall only be authorised to land in ports outside Union waters if they have notified by electronic means the competent authorities of their flag Member State at least 24 hours before the estimated time of arrival at port of the information listed in paragraph 3 and the flag Member State has not denied the authorisation to land within this period of time.

Amendment  96

 

Proposal for a regulation

Article 1 – paragraph 1 – point 18

Regulation (EC) No 1224/2009

Article 19a – paragraph 2

 

Text proposed by the Commission

Amendment

2. The flag Member State may set a shorter period, of not less than four hours, for the prior notification referred to in paragraph 1 for fishing vessels flying their flag carrying out fishing activities in third country waters, taking into account the type of fishery products and the distance between the fishing grounds and port.

2. The flag Member State may set a shorter period, of not less than two hours, for the prior notification referred to in paragraph 1 for fishing vessels flying their flag carrying out fishing activities in third country waters, taking into account the type of fishery products, the distance between the fishing grounds and port, as well as the risk of non-compliance with the rules of the common fisheries policy, or with the applicable rules in the waters of the third country where the vessels are operating. In determining the level of that risk, Member States shall take account of serious infringements committed by the vessels concerned.

Amendment  97

 

Proposal for a regulation

Article 1 – paragraph 1 – point 18

Regulation (EC) No 1224/2009

Article 19a – paragraph 3 – point h

 

Text proposed by the Commission

Amendment

(h) the quantities of each species to be landed.

(h) the quantities of each species to be landed, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size.

Amendment  98

 

Proposal for a regulation

Article 1 – paragraph 1 – point 18

Regulation (EC) No 1224/2009

Article 19a – paragraph 4

 

Text proposed by the Commission

Amendment

4. Where, on the basis of the analysis of the information submitted and other information available, there are reasonable grounds to believe that the fishing vessel is not complying with the rules of the common fisheries policy, the competent authorities of the flag Member State shall request the cooperation of the third country where the vessel intends to land in view of a possible inspection. For this purpose the flag Member State may require the fishing vessel to land in a different port, or delay the time of arrival at port or of landing.

4. Where, on the basis of the analysis of the information submitted and other information available, there are reasonable grounds to believe that the fishing vessel is not complying with the rules of the common fisheries policy, with the rules applicable in the waters of the third country or in the high seas where the vessel is operating, the competent authorities of the flag Member State shall request the cooperation of the third country where the vessel intends to land in view of a possible inspection. For this purpose the flag Member State may require the fishing vessel to land in a different port, or delay the time of arrival at port or of landing.

Amendment  99

Proposal for a regulation

Article 1 – paragraph 1 – point 19

Regulation (EC) No 1224/2009

Article 20 – paragraph 2a

 

Text proposed by the Commission

Amendment

2a. Without prejudice to Article 4(4) of Council Regulation (EC) No 1005/2008 and Article 43(3) of this Regulation, Union donor vessels and Union receiving vessels shall only be authorised to tranship at sea outside Union waters or in ports of third countries subject to an authorisation received from their flag Member State(s).

2a. Without prejudice to Article 4(4) of Council Regulation (EC) No 1005/2008 and Article 43(3) of this Regulation, Union donor vessels and Union receiving vessels shall only be authorised to tranship at sea outside Union waters or in ports of third countries subject to an authorisation received from their flag Member State(s). However, transhipment at sea in Union waters shall be permitted in some pelagic fisheries where vessels are many miles from land and their catches are so small that it would be inefficient for those vessels to return to port in order to sell their catch.

Justification

In pelagic fisheries, where vessels operate a long way from land and catch only small quantities and fish have to be thrown back because the quality of, for example, horse mackerel, anchovies, or sardines deteriorates sharply overnight, even when properly conserved, it would be a totally inefficient way of proceeding if, on account of the above obligation, a vessel had to return to port in order to sell its catch. Indeed, it might not even be economically viable to do so.

Amendment  100

Proposal for a regulation

Article 1 – paragraph 1 – point 19

Regulation (EC) No 1224/2009

Article 20 – paragraph 2b

 

Text proposed by the Commission

Amendment

2b. In order to apply for an authorisation to tranship under paragraph 2a, the masters of Union vessels shall submit electronically to their flag Member State, at least 3 days before the planned transhipment operation, the following information:

2b. In order to apply for an authorisation to tranship under paragraph 2a, the masters of Union vessels shall submit electronically to their flag Member State, at least 24 hours before the planned transhipment operation, the following information:

Justification

A 24-hour prior notification time limit is a reasonable solution and would ease the administrative burden.

Amendment  101

Proposal for a regulation

Article 1 – paragraph 1 – point 19

Regulation (EC) No 1224/2009

Article 20 – paragraph 2b – point c

 

Text proposed by the Commission

Amendment

(c) the FAO alpha-3 code of each species and its relevant geographical area in which the catches were taken;

(c) the FAO alpha-3 code of each transhipped species and its relevant geographical area in which the catches were taken;

Amendment  102

Proposal for a regulation

Article 1 – paragraph 1 – point 19

Regulation (EC) No 1224/2009

Article 20 – paragraph 2b – point d

 

Text proposed by the Commission

Amendment

(d) the estimated quantities of each species in kilograms in product weight and in live weight, broken down by type of product presentation;

(d) the estimated quantities of each transhipped species in kilograms in product weight and in live weight, broken down by type of product presentation;

Amendment  103

Proposal for a regulation

Article 1 – paragraph 1 – point 20

Regulation (EC) No 1224/2009

Article 21 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Masters of Union fishing vessels of 10 metres’ length overall or more involved in a transhipment operation shall complete an electronic transhipment declaration.

1. Masters of Union fishing vessels of 12 metres’ length overall or more involved in a transhipment operation shall complete an electronic transhipment declaration.

Amendment  104

Proposal for a regulation

Article 1 – paragraph 1 – point 20

Regulation (EC) No 1224/2009

Article 21 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. The transhipment declaration referred to in paragraph 1 shall contain at least the following information:

2. The transhipment declaration referred to in paragraph 1 shall be of uniform format throughout the Union and shall contain at least the following information:

Amendment  105

Proposal for a regulation

Article 1 – paragraph 1 – point 20

Regulation (EC) No 1224/2009

Article 21 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) the FAO alpha-3 code of each species and its relevant geographical area in which the catches were taken;

(c) the FAO alpha-3 code of each transhipped species and its relevant geographical area in which the catches were taken;

Amendment  106

Proposal for a regulation

Article 1 – paragraph 1 – point 20

Regulation (EC) No 1224/2009

Article 21 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) the estimated quantities of each species in kilograms in product weight and in live weight, broken down by type of product presentation or, where appropriate, the number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size;

(d) the estimated quantities of each transhipped species in kilograms in product weight and in live weight, broken down by type of product presentation or, where appropriate, the number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size;

Amendment  107

Proposal for a regulation

Article 1 – paragraph 1 – point 20

Regulation (EC) No 1224/2009

Article 21 – paragraph 3

 

Text proposed by the Commission

Amendment

3. When compared with the quantities landed or the result of an inspection, the permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish retained on board shall be 10 % per species.

3. When compared with the quantities landed or the result of an inspection, the permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish retained on board shall be 15 % per species.

Amendment  108

Proposal for a regulation

Article 1 – paragraph 1 – point 20

Regulation (EC) No 1224/2009

Article 21 – paragraph 6

 

Text proposed by the Commission

Amendment

6. The Commission is empowered to adopt delegated acts in accordance with Article 119a to exempt certain categories of fishing vessels from the obligation laid down in paragraph 1, taking into account the quantities and/or type of fisheries products.”

6. The Commission is empowered to adopt delegated acts in accordance with Article 119a to exempt certain categories of fishing vessels from the obligation laid down in paragraph 1, taking into account the quantities and/or type of fisheries products and the risk of non-compliance with common fisheries policy rules, in addition to any other relevant legislation. In determining the level of that risk, serious infringements committed by the vessels concerned shall be considered.

Justification

Transhipment operations entail the risk that items may illegally enter the food chain, and the risk of non-compliance with Common Fisheries Policy rules should therefore be considered when establishing derogations.

Amendment  109

 

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1224/2009

Article 22 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Masters of Union fishing vessels of 10 metres’ length overall or more shall send by electronic means the information referred to in Article 21 to the competent authority of their flag Member State within 24 hours after completion of the transhipment operation.

1. Masters of Union fishing vessels of 12 metres’ length overall or more shall send, by electronic means, using the same format, harmonised at Union level, for all Member States, the information referred to in Article 21 to the competent authority of their flag Member State within 24 hours after completion of the transhipment operation.

Amendment  110

 

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1224/2009

Article 22 – paragraph 5 – point a

 

Text proposed by the Commission

Amendment

(a) the format and content of the transhipment declaration;

(a) the harmonised format and content of the transhipment declaration;

Amendment  111

 

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1224/2009

Article 23 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The master of a Union fishing vessel, or its representative, shall complete an electronic landing declaration.

1. The master of a Union fishing vessel, or a representative of the master, shall complete an electronic landing declaration.

Amendment  112

 

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1224/2009

Article 23 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(f) date and time of landing;

(f) date and time of the completion of landing;

Amendment  113

 

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1224/2009

Article 23 – paragraph 4

 

Text proposed by the Commission

Amendment

4. To convert stored or processed fish weight into live fish weight for the purposes of the landing declaration, masters of fishing vessels shall apply a conversion factor established pursuant to Article 14(9).

4. To convert stored or processed fish weight into live fish weight for the purposes of the landing declaration, masters of fishing vessels, or a representative of the master, shall apply a conversion factor established pursuant to Article 14(9).

Amendment  114

 

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1224/2009

Article 24 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The master of a Union fishing vessel or their representative shall submit by electronic means the information referred to in Article 23 to the competent authority of their flag Member State within 24 hours after completion of the landing.

1. The master of a Union fishing vessel, or a representative of the master, shall submit by electronic means using the same format, harmonised at Union level, for all Member States, the information referred to in Article 23 to the competent authority of their flag Member State as soon as possible and in any event within 24 hours after completion of the landing.

 

For the purpose of calculating the deadline of 24 hours referred to in the first subparagraph, Saturdays, Sundays and public holidays shall not be taken into account.

 

For the purposes of this Article, in the event that fisheries products are transported from the place of landing before weighing, the landing operation shall be deemed to have been completed when those fisheries products have been weighed.

Amendment  115

 

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1224/2009

Article 24 – paragraph 5 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da) the tasks of the single authority referred to in Article 5(5) as regards landing declarations;

Amendment  116

 

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1224/2009

Article 24 – paragraph 5 – point d b (new)

 

Text proposed by the Commission

Amendment

 

(db) the frequency of transmissions of landing declaration data.

Amendment  117

 

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1224/2009

Article 24 – paragraph 6 – point a

 

Text proposed by the Commission

Amendment

(a) the format and content of the landing declaration;

(a) the harmonised format and content of the landing declaration;

Amendment  118

 

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1224/2009

Article 24 – paragraph 6 – point f

 

Text proposed by the Commission

Amendment

(f) the tasks of the single authority referred to in Article 5(5), as regards landing declarations;

deleted

Amendment  119

 

Proposal for a regulation

Article 1 – paragraph 1 – point 21

Regulation (EC) No 1224/2009

Article 24 – paragraph 6 – point g

 

Text proposed by the Commission

Amendment

(g) the frequency of transmissions of landing declaration data.

deleted

Amendment  120

Proposal for a regulation

Article 1 – paragraph 1 – point 23

Regulation (EC) No 1224/2009

Article 25a – paragraph 1

 

Text proposed by the Commission

Amendment

1. Member States shall ensure effective control of the landing obligation. For this purpose a minimum percentage of fishing vessels fishing for species subject to the landing obligation and flying their flag established in accordance with paragraph 2, shall be equipped with continuously recording Closed-Circuit Television (CCTV) systems incorporating data storage.

1. Member States shall ensure effective control of the landing obligation. For this purpose a minimum percentage of fishing vessels fishing for species subject to the landing obligation and flying their flag established in accordance with paragraph 2, may be equipped, on a voluntary basis, with continuously recording Closed-Circuit Television (CCTV) systems incorporating data storage.

Justification

The proposal to introduce CCTV may be rolled out on a voluntary basis as an option.

Amendment  121

Proposal for a regulation

Article 1 – paragraph 1 – point 23

Regulation (EC) No 1224/2009

Article 25a – paragraph 2

 

Text proposed by the Commission

Amendment

2. The percentage of fishing vessels referred to in paragraph 1 shall be established for different risk categories in specific control and inspection programmes adopted pursuant to Article 95. Those programmes shall also determine the risk categories and the types of fishing vessels included in such categories.

deleted

Amendment  122

Proposal for a regulation

Article 1 – paragraph 1 – point 23

Regulation (EC) No 1224/2009

Article 25a – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. The Commission shall review the effectiveness of the electronic monitoring systems in checking compliance with the landing obligation and their contribution to achieving the sustainable maximum yield for the relevant stocks and submit a report to the European Parliament and the Council by ... [five years after the date of entry into force of this Regulation].

Amendment  123

Proposal for a regulation

Article 1 – paragraph 1 – point 23

Regulation (EC) No 1224/2009

Article 25a – paragraph 3 b (new)

 

Text proposed by the Commission

Amendment

 

3b. In addition to electronic monitoring systems used to check compliance with the landing obligation, Member States may also support the use of systems which make for closer monitoring of the selectivity of fishing operations directly on gear.

Justification

Many innovations are being developed, such as real-time digital recognition software or other artificial intelligence-based tools, which will make for closer monitoring of the selectivity of fishing operations directly on gear. Since the purpose of the landing obligation is to encourage greater selectivity, these tools must be used in order to make fishing operations more selective in nature, rather than simply promoting ex post monitoring of fishing operations by means of CCTV.

Amendment  124

Proposal for a regulation

Article 1 – paragraph 1 – point 23

Regulation (EC) No 1224/2009

Article 25a – paragraph 3 c (new)

 

Text proposed by the Commission

Amendment

 

3c. Fishing vessels may be equipped with CCTV technology on a voluntary basis provided that an incentive such as catch quota uplifts or freedom of choice of method in conducting a fishery is granted by the competent authority.

Amendment  125

Proposal for a regulation

Article 1 – paragraph 1 – point 23

Regulation (EC) No 1224/2009

Article 25a – paragraph 3 d (new)

 

Text proposed by the Commission

Amendment

 

3d. Fishing vessels shall be equipped with CCTV technology on a temporary and mandatory basis if they have committed two or more serious infringements of the rules laid down in Article 15 of Regulation (EU) No 1380/2013 when decided by the competent authority as an accompanying sanction.

Amendment  126

Proposal for a regulation

Article 1 – paragraph 1 – point 23

Regulation (EC) No 1224/2009

Article 25a – paragraph 3 e (new)

 

Text proposed by the Commission

Amendment

 

3e. CCTV footage shall remain the property of the owner of the fishing vessel at all times. Business confidentiality and privacy rights shall be protected and guaranteed by the competent authorities throughout the whole process.

Amendment  127

Proposal for a regulation

Article 1 – paragraph 1 – point 23

Regulation (EC) No 1224/2009

Article 25a – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Commission may, by means of implementing acts, lay down detailed rules on the requirements, technical specifications, installation and functioning of the electronic monitoring systems for the control of the landing obligation, including continuously recording CCTV systems.

The Commission is empowered to adopt delegated acts in accordance with Article 119a, supplementing this Regulation by laying down detailed rules on the requirements, technical specifications, installation and functioning of, as well as incentives concerning, the electronic monitoring systems for the control of the landing obligation, including continuously recording CCTV systems.

Justification

The co-legislators must retain competence in this area.

Amendment  128

Proposal for a regulation

Article 1 – paragraph 1 – point 27

Regulation (EC) No 1224/2009

Article 33 – paragraph 3

 

Text proposed by the Commission

Amendment

3. In cases where the data submitted by a Member States in accordance with paragraph 2 is based on estimates for a stock or group of stocks, the Member State shall provide to the Commission the corrected quantities established on the basis of landing declarations as soon as available and no later than 12 months after the date of landing.

3. In cases where the data submitted by a Member States in accordance with paragraph 2 is based on estimates for a stock or group of stocks, the Member State shall provide to the Commission the corrected quantities established on the basis of landing declarations as soon as available and no later than three months after the date of landing.

Justification

The correct landings information shall be available to the Commission as accurate as possible in a short period of time, 12 months seems a very long period for this communication

Amendment  129

Proposal for a regulation

Article 1 – paragraph 1 – point 27

Regulation (EC) No 1224/2009

Article 33 – paragraph 4

 

Text proposed by the Commission

Amendment

4. In the case where a Member State detects inconsistencies between the information submitted to the Commission in accordance with paragraphs 2 and 3 and the results of the validation performed in accordance with Article 109, the Member State shall provide to the Commission the corrected quantities established on the basis of that validation as soon as available and no later than 3 months after the date of landing.

4. In the case where a Member State detects inconsistencies between the information submitted to the Commission in accordance with paragraphs 2 and 3 and the results of the validation performed in accordance with Article 109, it shall verify and cross-check data so as to correct such inconsistencies. In addition, the Member State shall provide to the Commission the corrected quantities established on the basis of that validation as soon as available and no later than 3 months after the date of landing.

Justification

Whenever data inconsistencies are uncovered, Member States shall ensure that the information submitted is corrected.

Amendment  130

Proposal for a regulation

Article 1 – paragraph 1 – point 27

Regulation (EC) No 1224/2009

Article 33 – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

6a. Catches taken in the framework of scientific research may be donated to social projects, including providing food for homeless people.

Amendment  131

Proposal for a regulation

Article 1 – paragraph 1 – point 28

Regulation (EC) No 1224/2009

Article 34 – paragraph 1

 

Text proposed by the Commission

Amendment

The Commission may request a Member State to submit more detailed and more frequent information than provided for in Article 33 in the case it is established that 80% of a quota for a stock or group of stocks is deemed to be exhausted.”

1. A Member State shall inform the Commission, without delay, when it establishes that:

 

(a) 80 % of the catches of a stock or group of stocks subject to a quota related to fishing vessels flying its flag has been exhausted; or

 

(b) 80 % of the maximum allowable fishing effort related to a fishing gear or a specific fishery and to a corresponding geographical area and applicable to all or a part of the fishing vessels flying its flag has been reached.

 

In that case, the Commission may request more detailed and frequent information than that provided for under Article 33.

Justification

In addition to quotas, fishing effort consists of mandatory limits for certain fisheries and fishing gear that need to be notified to the Commission. Additionally, Member States should be obliged to notify the Commission when a fishing quota or effort is close to exhaustion.

 

(Article 34 in the Commission text becomes a part of paragraph 1 a (new), see AM 56)

Amendment  132

Proposal for a regulation

Article 1 – paragraph 1 – point 28

Regulation (EC) No 1224/2009

Article 34 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. The Commission may request a Member State to submit more detailed and more frequent information than provided for in Article 33 where it is established that 80 % of a quota for a stock or group of stocks is deemed to be exhausted, or 80 % of the maximum allowable fishing effort for a fishing gear or a specific fishery and a corresponding geographical area has been reached. In that case, the Member State shall provide the Commission with the information requested.

Justification

Increasing the power of an engine needs to be aligned with an infringement to distinguish it from any increase made in order to improve on-board safety and working conditions.

(Article 34 in the Commission text becomes a part of paragraph 1 a (new), see AM 55)

Amendment  133

Proposal for a regulation

Article 1 – paragraph 1 – point 29

Regulation (EC) No 1224/2009

Article 35 – paragraph 2

 

Text proposed by the Commission

Amendment

2. As from the date referred to in paragraph 1, the Member State concerned shall prohibit fishing activities either for the stock or group of stocks whose quota has been exhausted, in the relevant fishery, or when carrying on board the relevant fishing gear in the geographical area where the maximum allowable fishing effort has been reached, by all or part of the fishing vessels flying its flag and shall decide on a date up to which transhipments, transfers and landings or final declarations of catches are permitted.

2. As from the date referred to in paragraph 1, the Member State concerned shall prohibit fishing activities either for the stock or group of stocks whose quota has been exhausted, in the relevant fishery, or when carrying on board the relevant fishing gear in the geographical area where the maximum allowable fishing effort has been reached, with the exception of fishing gear for multiple use, by all or part of the fishing vessels flying its flag and shall decide on a date up to which transhipments, transfers and landings or final declarations of catches are permitted.

Amendment  134

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 1224/2009

Article 39a – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) the vessels are equipped with propulsive engines with certified engine power exceeding 221 kilowatts; or

(a) the vessels are equipped with propulsive engines with certified engine power exceeding 221 kilowatts; and

Amendment  135

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 1224/2009

Article 39a – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) the vessels are equipped with propulsive engines with certified engine power between 120 and 221 kilowatts and operate in areas subject to effort regimes or restrictions on engine power.

(b) the vessels operate in areas subject to fishing effort regimes or restrictions on engine power.

Justification

Continuous monitoring of engine power seems unnecessary in those fisheries managed by TACs and quotas, since greater kW power does not directly lead to greater catches. Under the principle of proportionality, such monitoring should be limited to fisheries covered by an EU fishing effort management system. In any case, Member States may use sampling plans in fisheries managed by TACs and quotas.

Amendment  136

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 1224/2009

Article 39 a – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. In addition, Member States shall ensure that vessels having committed an infringement related to the manipulation of an engine in order to increase the power of the vessel above the maximum continuous engine power indicated on the engine certificate are equipped with permanently installed devices that measure and record engine power.

Justification

Increasing the power of an engine needs to be aligned with an infringement to distinguish it from any increase made in order to improve on-board safety and working conditions.

Amendment  137

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EC) No 1224/2009

Article 39a – paragraph 2

 

Text proposed by the Commission

Amendment

2. The devices referred to in paragraph 1, in particular permanently affixed shaft strain gauges and revolution counters, shall ensure the continuous measurement of propulsive engine power in kilowatts.

2. The devices referred to in paragraph 1, in particular permanently affixed shaft strain gauges and revolution counters, shall ensure the continuous measurement and recording of propulsive engine power in kilowatts.

Amendment  138

Proposal for a regulation

Article 1 – paragraph 1 – point 35 a (new)

Regulation (EC) No 1224/2009

Article 40 – paragraph 3

 

Present text

Amendment

 

(35a) In Article 40, paragraph 3is replaced by the following:

3. Member States’ competent authorities may assign the certification of engine power to classification societies or to other operators having the necessary expertise for the technical examination of engine power. Those classification societies or other operators shall only certify a propulsion engine as not being capable of exceeding the officially stated power if there is no possibility to increase the performance of the propulsion engine above the certified power.

3. Member States’ competent authorities may assign the certification of engine power to classification societies or to other operators having the necessary expertise for the technical examination of engine power. Those classification societies or other operators shall only certify a propulsion engine as not being capable of exceeding the officially stated power if there is no possibility to increase the performance of the propulsion engine above the certified power. Those certification societies and other operators shall be responsible for the accuracy of the certifications.”

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009R1224-20190814)

Justification

This amendment seeks to amend a provision within the existing act – Article 40(3) – that was not referred to in the Commission proposal.

Amendment  139

Proposal for a regulation

Article 1 – paragraph 1 – point 36

Regulation (EC) No 1224/2009

Article 40 – paragraph 6

 

Text proposed by the Commission

Amendment

6. The Commission may, by means of implementing acts, lay down detailed rules concerning the certification of propulsion engine power. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).;

6. The Commission is empowered to adopt delegated acts in accordance with Article 119a laying down detailed rules concerning the certification of propulsion engine power.;

Amendment  140

Proposal for a regulation

Article 1 – paragraph 1 – point 37

Regulation (EC) No 1224/2009

Article 41 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

Member States shall verify the accuracy and consistency of the data on engine power and tonnage, using all available information related to the technical characteristics of the vessel concerned.

Justification

This amendment reinstates the existing obligation for Member States to verify the accuracy and consistency of the data on engine power. Additionally, tonnage is included, as recommended by the Court of Auditors in its 2017 report on fisheries control.

Amendment  141

Proposal for a regulation

Article 1 – paragraph 1 – point 37

Regulation (EC) No 1224/2009

Article 41 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

Member States shall inform the Commission, as part of the report referred to in Article 118, of the results of the checks referred to in this Article and of the measures taken where the engine power or tonnage of the fishing vessel is greater than that declared in the fishing licence or in the Union or national fleet register.

Amendment  142

 

Proposal for a regulation

Article 1 – paragraph 1 – point 39 a (new)

Regulation (EC) No 1224/2009

Article 44

 

Present text

Amendment

 

(39a) Article 44 is replaced by the following:

Article 44

"Article 44

Separate stowage of demersal catches subject to multiannual plans

Separate stowage of demersal catches subject to multiannual plans

1. All catches of demersal stocks subject to a multiannual plan retained on board a Union fishing vessel of 12 metres’ length overall or more shall be placed in boxes, compartments or containers separately for each of such stocks in such a way that they are identifiable from other boxes, compartments or containers.

1. All catches of target demersal stocks subject to a recovery plan, specific control and inspection programs adopted pursuant to Article 95 including provisions on separate stowage, or specific control measures as defined in multiannual plans, retained on board a Union fishing vessel of 12 metres’ length overall or more shall be placed in boxes, compartments or containers separately for each of such stocks in such a way that they are identifiable from other boxes, compartments or containers.

2. Masters of Union fishing vessels shall keep the catches of demersal stocks subject to a multiannual plan according to a stowage plan that describes the location of the different species in the holds.

2. Masters of Union fishing vessels shall keep the catches of demersal stocks referred to in paragraph 1 according to a stowage plan describing the location of the different species in the holds.

3. It shall be prohibited to retain on board a Union fishing vessel in any box, compartment or container any quantity of catches of demersal stocks subject to a multiannual plan mixed with any other fisheries product.

3. It shall be prohibited to retain on board a Union fishing vessel in any box, compartment or container any quantity of catches of demersal stocks referred to in paragraph 1 mixed with any other fisheries product. "

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-20190814&qid=1582016726712)

Amendment  143

 

Proposal for a regulation

Article 1 – paragraph 1 – point 42 – point a

Regulation (EC) No 1224/2009

Article 48 – paragraph 3

 

Text proposed by the Commission

Amendment

3. If the lost gear cannot be retrieved, the Master of the vessel shall include the information on the lost gear in the logbook pursuant to Article 14(3). The competent authority of the flag Member State shall inform the competent authority of the coastal Member State.

3. If the lost gear cannot be retrieved, the Master of the vessel shall include the information on the lost gear in the logbook pursuant to Article 14(3). The competent authority of the flag Member State shall without delay inform the competent authority of the coastal Member State.

Amendment  144

 

Proposal for a regulation

Article 1 – paragraph 1 – point 42 – point b

Regulation (EC) No 1224/2009

Article 48 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Member States shall collect and record information concerning lost gears and provide this information to the Commission upon request.

5. Member States shall collect and record all the information concerning lost gears referred to in paragraph 3 and provide this information to the Commission and to the European Fisheries Control Agency.

 

The European Fisheries Control Agency shall forward that information to the European Maritime Safety Agency and the European Environmental Agency, in the context of their enhanced cooperation.

 

The Union register of infringements established pursuant to Article 93(1) shall list items of gear lost at sea and shall ensure the recording of information and the availability of that information for Member States and the European Fisheries Control Agency.

 

The information shall be transmitted electronically and without delay. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by further specifying the rules governing the transmission of information.

Amendment  145

Proposal for a regulation

Article 1 – paragraph 1 – point 43

Regulation (EC) No 1224/2009

Article 50 – title

 

Text proposed by the Commission

Amendment

Control of fishing restricted areas

Control of fishing restricted areas and marine protected areas

Justification

Member States shall have special attention to the control of fishing vessels not only to fishing restricted areas but also marine protected areas

Amendment  146

Proposal for a regulation

Article 1 – paragraph 1 – point 43

Regulation (EC) No 1224/2009

Article 50 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Fishing activities in fishing restricted areas located in Union waters shall be controlled by the coastal Member State. The coastal Member State shall have a system to detect and record the fishing vessels’ entry into, transit through and exit from fishing restricted areas under its jurisdiction or sovereignty.

1. Fishing activities in fishing restricted areas and marine protected areas located in Union waters shall be controlled by the coastal Member State. The coastal Member State shall have a system to detect and record the fishing vessels’ entry into, transit through and exit from fishing restricted areas and marine protected areas under its jurisdiction or sovereignty.

Amendment  147

Proposal for a regulation

Article 1 – paragraph 1 – point 43

Regulation (EC) No 1224/2009

Article 50 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Fishing activities of Union fishing vessels in fishing restricted areas located in high seas or in third country waters shall be controlled by the flag Member States.

2. Fishing activities of Union fishing vessels in fishing restricted areas and marine protected areas located in high seas or in third country waters shall be controlled by the flag Member States.

Amendment  148

Proposal for a regulation

Article 1 – paragraph 1 – point 43

Regulation (EC) No 1224/2009

Article 50 – paragraph 3 – introductory part

 

Text proposed by the Commission

Amendment

3. Transit through a fishing restricted area is allowed for all fishing vessels that are not authorised to fish in such areas subject to the following conditions:

3. Transit through a fishing restricted area or marine protected area is allowed for all fishing vessels that are not authorised to fish in such areas subject to the following conditions:

Amendment  149

 

Proposal for a regulation

Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009

Article 55 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Member States shall ensure that recreational fisheries on their territory and in Union waters are conducted in a manner compatible with the objectives and rules of the common fisheries policy.

Member States shall ensure that recreational fisheries on their territory and in Union waters are conducted in a manner compatible with the objectives and rules of the common fisheries policy and with Union conservation measures, including those adopted as part of multiannual plans.

Amendment  150

 

Proposal for a regulation

Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009

Article 55 – paragraph 1 – subparagraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) put in place a registration or a licensing system monitoring the number of natural and legal persons involved in recreational fisheries; and

(a) building on already existing practices in Member States, put in place a registration or a licensing system monitoring the number of natural and legal persons involved in recreational fisheries, together with an appropriate system of sanctions for non-compliance, informing applicants for such licences about the Union conservation measures to be applied in the area, including catch restrictions and arrangements governing sanctions; and

Amendment  151

 

Proposal for a regulation

Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009

Article 55 – paragraph 1 – subparagraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) collect data on catches from such fisheries through catch reporting or other data collection mechanisms based on a methodology which shall be notified to the Commission.

(b) collect data on catches from such fisheries through a simple, free of charge, harmonised electronic form or application.

Amendment  152

 

Proposal for a regulation

Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009

Article 55 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. As regards stocks, groups of stocks and species that are subject to Union conservation measures applicable to recreational fisheries, Member States shall

2. As regards stocks, groups of stocks and species that are subject to Union conservation measures applicable to recreational fisheries, including additional conservation measures adopted as part of multiannual plans, Member States shall:

Amendment  153

 

Proposal for a regulation

Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009

Article 55 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) ensure that natural and legal persons involved in recreational fisheries for such stocks or species record and send catch declarations electronically to the competent authorities on a daily basis or after each fishing trip; and

(a) ensure that natural and legal persons involved in recreational fisheries for such stocks or species receive clear information on applicable Union conservation measures, record and send catch declarations electronically to the competent authorities on a daily basis or after each fishing trip; and

Amendment  154

Proposal for a regulation

Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009

Article 55 – paragraph 4

 

Text proposed by the Commission

Amendment

4. National control programmes referred to in Article 93a shall include specific control activities concerning the recreational fisheries.

deleted

Amendment  155

 

Proposal for a regulation

Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009

Article 55 – paragraph 5 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

The Commission may, by way of implementing acts, adopt detailed rules concerning:

The Commission is empowered to adopt delegated acts, in accordance with Article 119a, supplementing this Regulation by laying down detailed rules concerning:

Amendment  156

 

Proposal for a regulation

Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009

Article 55 – paragraph 5 – subparagraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) the collection of data and the recording and submission of the catch data,

(b) the collection of data and the recording and submission of the catch data through a simple, free of charge and harmonised electronic form or application;

Amendment  157

 

Proposal for a regulation

Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009

Article 55 – paragraph 5 – subparagraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) the tracking of vessels used for recreational fisheries, and

(c) the tracking of a vessel used for pesca-tourism and recreational fishing charter vessels; and

Amendment  158

 

Proposal for a regulation

Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009

Article 55 – paragraph 5 – subparagraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) the control and marking of gears used for recreational fisheries.

(d) the control and marking of gears used for recreational fisheries in a simple and proportionate manner.

Amendment  159

 

Proposal for a regulation

Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009

Article 55 – paragraph 5 – subparagraph 2

 

Text proposed by the Commission

Amendment

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

deleted

Amendment  160

 

Proposal for a regulation

Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009

Article 55 – paragraph 6

 

Text proposed by the Commission

Amendment

6. This Article shall apply to any recreational fishing activities, including fishing activities organised by commercial entities in the tourism sector and in the sector of sport competition.

6. This Article shall apply to any recreational fishing activities, such as those performed with the support of a vessel, diving or on foot with the use of any catching or harvesting method, including fishing activities organised by commercial entities in the tourism sector and the sector of sport competition, as well as in the context of pesca-tourism and with recreational fishing charter vessels.

Amendment  161

Proposal for a regulation

Article 1 – paragraph 1 – point 44 a (new)

Regulation (EC) No 1224/2009

Chapter V a (new)

 

Text proposed by the Commission

Amendment

 

(44a) In Title IV, the following chapter is added:

 

“CHAPTER Va

 

Control of fishing without vessels

 

Article 55a

 

Fishing without vessels

 

1. Member States shall ensure that fishing without vessels on their territory is conducted in a manner compatible with the objectives and rules of the common fisheries policy.

 

2. To that end, Member States shall put in place a registration or licensing system monitoring the number of natural and legal persons engaged in fishing without vessels.”

Amendment  162

 

Proposal for a regulation

Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009

Article 56 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Each Member State shall be responsible for controlling on its territory the application of the rules of the common fisheries policy at all stages of marketing of fishery and aquaculture products, from their placing on the market to the retail sale, including transport. Member States shall in particular take measures to ensure that the use of fishery products below the applicable minimum conservation reference size that are subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 is restricted to purposes other than direct human consumption.

1. Each Member State shall be responsible for controlling on its territory the application of the rules of the common fisheries policy at all stages of marketing of fishery and aquaculture products, from their placing on the market to the retail sale, including the HORECA sector and transport. Member States shall in particular take measures to ensure that the use of fishery products below the applicable minimum conservation reference size that are subject to the landing obligation set out in Article 15 of Regulation (EU)No 1380/2013 is restricted to purposes other than direct human consumption.

 

By way of derogation from Article 15(11) of Regulation (EU) No 1380/2013, in the interests of social solidarity and in order to reduce wastage, products from fish under the relevant minimum conservation reference sizes that are subject to a landing obligation may be used for charitable and/or social purposes.

Amendment  163

 

Proposal for a regulation

Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009

Article 56a – paragraph 1

 

Text proposed by the Commission

Amendment

1. Fishery and aquaculture products from catching or harvesting shall be put into lots prior to placing on the market.

1. Fishery and aquaculture products shall be put into lots prior to placing on the market.

Amendment  164

 

Proposal for a regulation

Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009

Article 56a – paragraph 2

 

Text proposed by the Commission

Amendment

2. A lot shall only contain fishery or aquaculture products of a single species, of the same presentation and coming from the same relevant geographical area and from the same fishing vessel, or group of fishing vessels, or coming from the same aquaculture production unit.

2. For the purpose of placing fishery or aquaculture products on the market, for products falling under Chapter 3 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87, each lot shall consist of a single species, of the same presentation and coming from the same relevant geographical area and from the same fishing vessel, or group of fishing vessels, or coming from the same aquaculture production unit.

Amendment  165

 

Proposal for a regulation

Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009

Article 56a – paragraph 3

 

Text proposed by the Commission

Amendment

3. By way of derogation from paragraph 2, quantities of fishery products totalling less than 30kg of fishery products of several species and coming from the same relevant geographical area and of the same presentation, per vessel and per day, may be put into the same lot by the operator of the fishing vessel, the producer organisation of which the operator of the fishing vessel is a member or by a registered buyer, prior to the placing on the market.

3. Notwithstanding paragraph 2, quantities of fishery products totalling less than 30kg of fishery products of several species and coming from the same relevant geographical area and of the same presentation, per vessel and per day, may be put into the same batch by the operator of the fishing vessel, the producer organisation of which the operator of the fishing vessel is a member, by the fisheries auction or by the registered buyer, prior to the placing on the market.

Amendment  166

Proposal for a regulation

Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009

Article 56a – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. By way of derogation from Article 15(11) of Regulation (EU) 1380/2013, in the interests of social solidarity and in order to reduce wastage, fish under the relevant minimum conservation reference sizes may be used for charitable and/or social purposes.

Justification

The Common Fisheries Policy should ensure that fishing and aquaculture activities contribute to long-term environmental, economic, and social sustainability. Virtuous behaviour should therefore be encouraged, such as the use for charitable purposes of fisheries products caught under the minimum conservation reference size to which the ban on discards applies, behaviour which, over all, sereves the European objectives of the circular economy and the reduction of food waste.

Amendment  167

 

Proposal for a regulation

Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009

Article 56a – paragraph 5 – introductory part

 

Text proposed by the Commission

Amendment

5. After the placing on the market, a lot of fishery or aquaculture products may only be merged with another lot or split, if the lot created by merging or the lots created by splitting meet the following conditions:

5. After the placing on the market, a lot of fishery or aquaculture products may only be merged with another lot or split, if the batch created by merging or the lots created by splitting meet the following conditions:

Amendment  168

 

Proposal for a regulation

Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009

Article 56a – paragraph 5 – point a

 

Text proposed by the Commission

Amendment

(a) they contain fishery or aquaculture products of a single species and of the same presentation;

deleted

Amendment  169

 

Proposal for a regulation

Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009

Article 56a – paragraph 5 – point b

 

Text proposed by the Commission

Amendment

(b) the traceability information listed in Article 58 paragraphs 5 and 6 is provided for the newly created lot(s);

(b) the traceability information listed in Article 58 paragraphs 5 and 6 is provided for the newly created batch or lot;

Amendment  170

 

Proposal for a regulation

Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009

Article 56a – paragraph 5 – point c

 

Text proposed by the Commission

Amendment

(c) the operator responsible for placing the newly created lot on the market is able to provide the information concerning the composition of the newly created lot, in particular the information relating to each of the lots of fishery or aquaculture products which it contains and the quantities of fishery or aquaculture products coming from each of the lots forming the new lot.

(c) the operator responsible for making the fishery or aquaculture products of the newly created batch or lot available on the market is able to provide the information concerning the composition of the newly created batch or lot, in particular the information relating to each of the lots of fishery or aquaculture products which it contains, including the species and their origin.

Amendment  171

 

Proposal for a regulation

Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009

Article 56a – paragraph 6

 

Text proposed by the Commission

Amendment

6. This Article shall only apply to fishery and aquaculture products falling under Chapter 3 and under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87*.

6. Without prejudice to paragraph 2, this Article shall apply to fishery and aquaculture products falling under Chapter 3 and under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87*.

Amendment  172

Proposal for a regulation

Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009

Article 57 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Checks may take place at all stages in the supply chain including transport. In the case of products to which common marketing standards apply only at the placing on the market, checks carried out at further stages in the supply chain can be of a documentary nature.

2. Checks may take place at all stages in the supply chain, including transport and catering. In the case of products to which common marketing standards apply only at the placing on the market, checks carried out at further stages in the supply chain can be of a documentary nature.

Justification

Catering should be included to cover all stages of the chain ‘from farm to fork’ – in this case ‘from sea to fork’.

Amendment  173

 

Proposal for a regulation