REPORT on the proposal for a regulation of the European Parliament and of the Council laying down conservation, management and control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries, amending Regulation (EU) 2019/1241 of the European Parliament and of the Council and Council Regulation (EC) No 1224/2009, and repealing Council Regulation (EEC) No 1899/85 and Regulation (EU) No 1236/2010

24.1.2024 - (COM(2023)0362 – C9‑0221/2023 – 2023/0206(COD)) - ***I

Committee on Fisheries
Rapporteur: Francisco Guerreiro

Amendments

• 001-060 (PDF - 162 KB)
• 001-060 (DOC - 50 KB)
• 061-061 (PDF - 674 KB)
• 061-061 (DOC - 377 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council laying down conservation, management and control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries, amending Regulation (EU) 2019/1241 of the European Parliament and of the Council and Council Regulation (EC) No 1224/2009, and repealing Council Regulation (EEC) No 1899/85 and Regulation (EU) No 1236/2010

(COM(2023)0362 – C9‑0221/2023 – 2023/0206(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0362),

– 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 (C9‑0221/2023),

– 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 20 September 2023[1],

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

– having regard to the report of the Committee on Fisheries (A9-0004/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

 

Amendment  1

Proposal for a regulation

Recital 1

Text proposed by the Commission	Amendment
(1) One of the objectives of the Common Fisheries Policy, as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council21 , is to ensure exploitation of marine biological resources in a way that provides sustainable economic, environmental and social conditions.	(1) One of the objectives of the Common Fisheries Policy, as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council21 , is to ensure exploitation of marine biological resources in a way that provides sustainable economic, environmental and social conditions. Furthermore, in accordance with Article 28 of that Regulation, the Union is to ensure that its fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law in the area of the CFP, while promoting a level–playing field for Union operators vis-à-vis third-country operators.
__________________	__________________
21 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).	21 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

Amendment  2

Proposal for a regulation

Recital 11

Text proposed by the Commission	Amendment
(11) In 2022, the Union, the Faroe Islands, Greenland, Iceland, Norway and the United Kingdom held consultations on control measures for certain pelagic fisheries in the North-East Atlantic. Those consultations were concluded in November 2022, on the basis of the Union position endorsed by the Council on 14 October 2022. The measures agreed in these consultations32 should be implemented into Union law. In accordance with the agreement of the Parties to these fisheries consultations, the application of certain measures should be deferred in order to provide for sufficient implementation time.	(11) In 2022, the Union, the Faroe Islands, Greenland, Iceland, Norway and the United Kingdom held consultations on control measures for certain pelagic fisheries in the North-East Atlantic. Those consultations were concluded in November 2022, on the basis of the Union position endorsed by the Council on 14 October 2022. The measures agreed in these consultations32 should be implemented into Union law. In accordance with the agreement of the Parties to these fisheries consultations, the application of certain measures should be deferred in order to provide for sufficient implementation time. Those measures should not be applicable until all Parties to those fisheries consultations cease to adopt unilateral fisheries measures, thus jeopardising the state of certain pelagic stocks, and honour their obligations in relation to each other.
__________________	__________________
32 Agreed Record signed by Heads of Delegation of respective Parties in November 2022 (https://oceans-and-fisheries.ec.europa.eu/system/files/2022-12/2022-coastal-states-fisheries-consultations-control-measures_en.pdf).	32 Agreed Record signed by Heads of Delegation of respective Parties in November 2022 (https://oceans-and-fisheries.ec.europa.eu/system/files/2022-12/2022-coastal-states-fisheries-consultations-control-measures_en.pdf).

Amendment  3

 

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission	Amendment
	(11a) Regarding the obligation to ensure surveillance of landings of certain pelagic stocks through camera and sensor technologies in landing and processing facilities where more than 3 000 tonnes of those stocks are weighed per calendar year, the surveillance measures should be applied to landings exceeding 10 tonnes so as to exclude small-scale coastal and artisanal fishing. In the case of landing and processing facilities where landings above 10 tonnes do not occur but the total amount of landings amount to more than 3 000 tonnes per calendar year the obligation to use surveillance camera and sensor technologies should not apply. The Member States should publish the list of ports that meet such conditions.

Amendment  4

 

Proposal for a regulation

Recital 11 b (new)

Text proposed by the Commission	Amendment
	(11b) The implementation of the provisions established in Article 52 may benefit from support under the European Maritime Fisheries and Aquaculture Fund established by Regulation (EU) 2021/1139 of the European Parliament and of the Council.

Amendment  5

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission	Amendment
2. This Regulation applies without prejudice to the obligations set out in existing regulations in the fisheries sector, in particular Regulation of the European Parliament and of the Council (EU) 2017/240342 , and Council Regulations (EC) No 1005/200843 and (EC) No 1224/2009.	2. This Regulation applies notwithstanding the obligations set out in existing regulations in the fisheries sector, in particular Regulation of the European Parliament and of the Council (EU) 2017/240342 , and Council Regulations (EC) No 1005/200843 and (EC) No 1224/2009.
__________________	__________________
42 Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).	42 Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).
43 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).	43 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  6

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
For the purposes of this Regulation, the following definitions shall apply:	For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council and Article 4 of Regulation (EC) No 1224/2009 of the Council shall apply, unless otherwise provided for in this Regulation. The following definitions shall also apply:

Amendment  7

Proposal for a regulation

Article 3 – paragraph 1 – point 13

Text proposed by the Commission	Amendment
13. ‘VMS’ means a satellite-based fishing vessel monitoring system providing the competent authorities with data at regular intervals on the position, course and speed of the fishing vessel;	13. ‘VMS’ means a fishing vessel monitoring system providing the competent authorities with data at regular intervals on the position, course and speed of the fishing vessel;

Amendment  8

Proposal for a regulation

Article 3 – paragraph 1 – point 21

Text proposed by the Commission	Amendment
21. ‘electronic fishing logbook’ means the record by computerised means of fishing activity details recorded by the master of a fishing vessel and transmitted to the flag State from the prior notification of entry into the Regulatory Area until the exit from the Regulatory Area.	21. ‘electronic fishing logbook’ means the record by electronic means of fishing activity details recorded by the master of a fishing vessel and transmitted to the flag State from the prior notification of entry into the Regulatory Area until the exit from the Regulatory Area.

Amendment  9

Proposal for a regulation

Article 3 – paragraph 1 – point 22

Text proposed by the Commission	Amendment
22. ‘FMC’ means a land-based fisheries monitoring centre of the flag State;	22. ‘FMC’ means a fisheries monitoring centre as defined in Article 4, point (15), of Council Regulation (EC) 1224/2009;

Amendment  10

Proposal for a regulation

Article 4 – paragraph 6

Text proposed by the Commission	Amendment
6. Masters of Union fishing vessels shall implement temporary closures in the areas identified by NEAFC following information on encounters with possible VMEs until the NEAFC Secretariat notifies the re-opening of those areas.	6. Member States shall implement temporary closures in the areas identified by NEAFC following information on encounters with possible VMEs until the NEAFC Secretariat notifies the re-opening of those areas.

Amendment  11

Proposal for a regulation

Article 5 – paragraph 3 – point d

Text proposed by the Commission	Amendment
(d) provide a report of the results of the exploratory bottom fishing activities to ICES and the Commission, which shall forward it to the NEAFC Secretariat.	(d) provide a report of the results, including all raw data collected, of the exploratory bottom fishing activities to ICES and the Commission, which shall forward it to the NEAFC Secretariat.

Amendment  12

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall send by electronic means to the Commission the information of all fishing vessels flying their flag and registered in the Union which they intend to authorise to conduct fishing activities in the Regulatory Area. This information shall be sent by 15 December each year for the following year or in any case before the vessel’s entry into the Regulatory Area.	1. Member States shall send by electronic means to the Commission the information of all fishing vessels flying their flag and registered in the Union which they intend to authorise to conduct fishing activities in the Regulatory Area. This information shall be sent by 15 December each year for the following year or in any case not later than 15 days before the vessel’s entry into the Regulatory Area.

Amendment  13

Proposal for a regulation

Article 8 – paragraph 5 – point c

Text proposed by the Commission	Amendment
(c) ensure that fishing vessels flying its flag comply with applicable recommendations adopted by NEAFC; and	(c) ensure that fishing vessels flying its flag comply with this Regulation; and

Amendment  14

Proposal for a regulation

Article 8 – paragraph 6 – point b

Text proposed by the Commission	Amendment
(b) IMO number (where available);	(b) IMO number or, if not applicable, other unique vessel identifier;

Amendment  15

Proposal for a regulation

Article 9 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) IMO number if subject to IMO Resolution A.1078(28);	(d) IMO number if subject to IMO Resolution A.1078(28) or, if not applicable, other unique vessel identifier;

Amendment  16

 

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission	Amendment
3. The documents referred to in Article 7(2) and (3) of Implementing Regulation (EU) 404/2011 for Union fishing vessels of 17 metres length overall or more with fish rooms and for Union vessels with chilled or refrigerated seawater tanks shall be checked at regular intervals by the competent authority of the flag Member State.	3. The documents referred to in Article 7(2) and (3) of Implementing Regulation (EU) 404/2011 shall be checked at regular intervals by the competent authority of the flag Member State.

Amendment  17

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission	Amendment
2. It shall be prohibited to deploy fishing gear that is not marked, if marking is required, or if the marking contravenes the requirements referred to in paragraph 1. NEAFC fisheries inspectors may remove and dispose of a fishing gear with non-compliant marking, as well as fish that are found in the gear.	2. It shall be prohibited to deploy fishing gear that is not marked, if marking is required, or if the marking contravenes the requirements referred to in paragraph 1. NEAFC fisheries inspectors may remove and dispose of a fishing gear with non-compliant marking. The fish that are found in the gear shall be donated to charitable organisations or organisations that benefit public interest and, if not fit for human consumption, disposed of in accordance with national law consistent with Union law.

Amendment  18

 

Proposal for a regulation

Article 11 – title

Text proposed by the Commission	Amendment
Garbage at sea and retrieval of lost gear	Waste from fishing vessels and retrieval of lost gear

Amendment  19

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission	Amendment
1. Masters of Union fishing vessels are prohibited from deliberately abandoning or discarding fishing gear and from discharging waste from ships as defined in Directive (EU) 2019/883 of the European Parliament and of the Council48 into the sea, in accordance with MARPOL Annex V on Regulations for the Prevention of Pollution by Garbage from Ships.	1. Masters of Union fishing vessels shall be legally responsible for ensuring that they do not deliberately abandon or discard fishing gear or discharge any kind of waste from their ships as defined in Directive (EU) 2019/883 of the European Parliament and of the Council48 into the sea, in accordance with MARPOL Annex V on Regulations for the Prevention of Pollution by Garbage from Ships.
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48 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, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).	48 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, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).

Amendment  20

 

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission	Amendment
2. In addition to the information referred to in Article 48 of Council Regulation (EC) 1224/2009 required in those cases where the lost gear cannot be retrieved, Union fishing vessels shall notify the competent authorities of its flag Member State within 24 hours of the following:	2. Union fishing vessels shall notify the competent authorities of its flag Member State within 24 hours about the required information referred to in Article 14(7) and 48 of Council Regulation (EC) 1224/2009 in those cases where the lost gear cannot be retrieved.
(a) the call sign of the vessel;
(b) the quantity of lost gear; and
(c) if the vessel has tried to retrieve the gear or not.

Amendment  21

 

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission	Amendment
3. The Member State shall without delay notify the information referred to in paragraph 2 and Article 48 of Regulation 1224/2009 to the Commission, which shall transmit it to the NEAFC Secretariat.	3. The Member State shall without delay notify the information referred to in Article 14(7) and Article 48 of Regulation 1224/2009 to the Commission, which shall transmit it to the NEAFC Secretariat.

Amendment  22

Proposal for a regulation

Article 11 – paragraph 4

Text proposed by the Commission	Amendment
4. Member States shall undertake to retrieve on a regular basis lost fixed gears belonging to vessels flying their flag.	4. Member States shall undertake to retrieve on a regular basis lost fixed gears belonging to vessels flying their flag. If gear is retrieved that has not been reported as lost, the Member State or other Contracting Party that retrieved the gear may recover the cost from the master of the vessel that has lost the gear.

Amendment  23

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the Commission	Amendment
2. The electronic fishing logbook data forwarded by the master and stored at the FMC shall be considered as the official data. These data and any changes thereof shall be notified to the NEAFC Secretariat by the FMC without delay.	2. The electronic fishing logbook data transmitted by the master and stored at the FMC shall be considered as the official data. These data and any changes thereof shall be notified to the NEAFC Secretariat by the FMC without delay.

Amendment  24

Proposal for a regulation

Article 13 – paragraph 3 – point b – point iii

Text proposed by the Commission	Amendment
iii. the list of codes of product form, type of packing and type of container shall be in accordance with the NEAFC Master Data Register available on the NEAFC website.	iii. the list of codes of product form or presentation, preservation state of the resource, type of packing or container shall be in accordance with Annex VIa.

Amendment  25

Proposal for a regulation

Article 14 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) transmit the electronic fishing logbook data by electronic means to their FMC, including at a minimum the data set out in Annex VII including all catches when the vessel engaged in fishing activities for fishery resources;	(a) transmit the electronic fishing logbook data by electronic means to their FMC, including at a minimum the data set out in Annex VII including all catches when the vessel engaged in fishing activities;

Amendment  26

Proposal for a regulation

Article 15 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) communicate reports of transhipments in accordance with the specification and format set out in Annex VII by electronic means to their FMC. These reports shall include the quantities on-loaded and off-loaded for each transhipment. The master of a Union donor fishing vessels shall transmit a donor transhipment notification report at least 24 hours in advance of the transhipment. The master of a Union receiver fishing vessel shall make a receiver transhipment declaration report no later than 1 hour after transhipment. The reports shall include the date, time, geographical position of the planned transhipment and total round weight by species to be off-loaded or which have been on-loaded in kilograms and the identification of vessels transhipped to or from, respectively;	(a) communicate reports of transhipments in accordance with the specification and format set out in Annex VII by electronic means to their FMC. These reports shall include the quantities on-loaded and off-loaded for each transhipment. The master of a Union donor fishing vessels shall transmit a donor transhipment notification report at least 24 hours in advance of the starting time of the transhipment. The master of a Union receiver fishing vessel shall make a receiver transhipment declaration report no later than 1 hour after the end time of the transhipment. The reports shall include the date, time, geographical position of the planned transhipment and total round weight by species to be off-loaded or which have been on-loaded in kilograms and the identification of vessels transhipped to or from, respectively;

Amendment  27

Proposal for a regulation

Article 15 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) transhipment operations may only commence after the authorisations have been given by the flag Contracting Party of the receiving vessel. In the case of EU receiver vessels, the flag Member State shall transmit the authorisation to tranship without delay to the NEAFC Secretariat with the Commission and EFCA in copy; and	(b) transhipment operations may only commence after the authorisations have been given by the flag Member State or Contracting Party of the receiving vessel. In the case of EU receiver vessels, the flag Member State shall transmit the authorisation to tranship without delay to the NEAFC Secretariat with the Commission and EFCA in copy; and

Amendment  28

Proposal for a regulation

Article 15 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) without prejudice to the provisions in Section 5, subsequent to having been involved in a transhipment operation at sea involving fishery resources caught in the Regulatory Area, the master of a Union receiver fishing vessel shall send a port of landing notification report in the format set out in Annex VII, indicating the total catch onboard, total weight to be landed, the name of port and the date and time of landing, at least 24 hours in advance of any landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area.	(c) without prejudice to the provisions in Section 5, subsequent to having been involved in a transhipment operation at sea involving fishery resources caught in the Regulatory Area, the master of a Union receiver fishing vessel shall send a port of landing notification report in the format set out in Annex VII, indicating the total catch onboard, total weight to be landed, the name of port and the date and time of landing, at least 24 hours in advance of the start of any landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area.

Amendment  29

Proposal for a regulation

Article 15 – paragraph 3

Text proposed by the Commission	Amendment
3. It shall be prohibited to correct the port of landing notification report, but such a report may be cancelled. If a port of landing notification is cancelled and a new one is sent, the time limits specified in paragraph 1the shall apply.	3. It shall be prohibited to correct the port of landing notification report, but such a report may be cancelled. If a port of landing notification is cancelled and a new one is sent, the time limits specified in paragraph 1, point (c), shall apply.

Amendment  30

Proposal for a regulation

Article 16 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) establish and operate an FMC to monitor the fishing activities of vessels flying their flag, which shall be equipped with computer hardware and software enabling automatic data processing and electronic data transmission and provide for back-up and recovery procedures in case of system failures;	(a) establish and operate an FMC in accordance with Articles 9 and 9a of Regulation (EC) 1224/2009;

Amendment  31

Proposal for a regulation

Article 16 – paragraph 1 – point d – point i

Text proposed by the Commission	Amendment
i. the vessel identification;	deleted

Amendment  32

Proposal for a regulation

Article 16 – paragraph 1 – point d – point iv

Text proposed by the Commission	Amendment
iv. the speed and course at the time of fixing of said position of the vessel.	deleted

Amendment  33

Proposal for a regulation

Article 16 – paragraph 1 – point e

Text proposed by the Commission	Amendment
(e) transmit to the NEAFC Secretariat the position reports in real time for vessels flying their flag upon entering into or exiting from the Regulatory Area and at least once every hour when operating in the Regulatory Area;	(e) transmit to the NEAFC Secretariat the position reports as soon as they are received for vessels flying their flag upon entering into or exiting from the Regulatory Area and at least once every hour when operating in the Regulatory Area;

Amendment  34

Proposal for a regulation

Article 16 – paragraph 1 – point g

Text proposed by the Commission	Amendment
(g) ensure that the data received from its fishing vessels to which VMS requirements apply are recorded in a computer readable form and stored for at least three years; and	(g) ensure that the data received from its fishing vessels VMS are recorded in a computer readable form and stored for at least three years; and

Amendment  35

 

Proposal for a regulation

Article 16 – paragraph 1 – point h – point ii

Text proposed by the Commission	Amendment
ii. ensure that delimitations of closed bottom fishing areas are installed in their VMS.	ii. ensure that delimitations of closed bottom fishing areas are installed and up to date in their VMS.

Amendment  36

 

Proposal for a regulation

Article 17 – paragraph 4

Text proposed by the Commission	Amendment
4. The master of a Union fishing vessel who has not received a positive acknowledgment on a fishing activity report from the NEAFC Secretariat shall immediately make appropriate amendments and resubmit the fishing activity report to the flag FMC. If the master still does not receive a positive acknowledgment, or if it is no longer possible to amend or resubmit fishing activity reports due to time limits, the master shall contact the flag Member State FMC to receive the necessary guidance on follow-up procedures, to ensure that the data referred to in Articles 14 and 15 is submitted.	4. If the flag Member State FMC does not receive from the NEAFC Secretariat a positive acknowledgement of a fishing activity report, it shall request to the master of the Union fishing vessel to submit an amended report. If it again does not receive a positive acknowledgment, or if it is no longer possible to amend or resubmit the fishing activity reports due to time limits, the flag Member State FMC shall provide the master with the necessary guidance on follow-up procedures, to ensure that the data referred to in Articles 14 and 15 is submitted.

Amendment  37

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States whose fishing vessels are authorised to fish in the Regulatory Area shall assign inspectors to the NEAFC Scheme to carry out inspection and surveillance activities (NEAFC inspectors).	1. Member States whose fishing vessels are authorised to fish in the Regulatory Area shall assign their inspectors to the NEAFC Scheme to carry out inspection and surveillance activities (NEAFC inspectors).

Amendment  38

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission	Amendment
2. Member State shall issue a special identity document to each NEAFC inspector in accordance with the format set out in Annex XII.	2. Member State shall issue a special identity document to each of their NEAFC inspectors in accordance with the format set out in Annex XII.

Amendment  39

Proposal for a regulation

Article 21 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) the names and unique numbers of the NEAFC inspectors, including their e-mail address; and	(a) the names and unique numbers of the their NEAFC inspectors, including their e-mail address; and

Amendment  40

Proposal for a regulation

Article 22 – paragraph 3

Text proposed by the Commission	Amendment
3. The inspecting Member State and EFCA shall forward without delay the data from each surveillance report by electronic transmission in a sighting report with a format in accordance with Part 2 of Annex XVI to the Contracting Party of the fishing vessel concerned and to the NEAFC Secretariat, with EFCA in copy. Any images captured during the surveillance shall be forwarded upon request to the Contracting Party of the fishing vessel concerned.	3. The inspecting Member State and EFCA shall forward without delay the data from each surveillance report by electronic transmission in a sighting report with a format in accordance with Part 2 of Annex XVI to the flag Member State or Contracting Party of the fishing vessel concerned and to the NEAFC Secretariat. Any images captured during the surveillance shall be forwarded upon request to the flag Member State or Contracting Party of the fishing vessel concerned.

Amendment  41

Proposal for a regulation

Article 23 – paragraph 12

Text proposed by the Commission	Amendment
12. NEAFC inspectors shall transmit without delay a copy of each inspection report to EFCA and promptly upload the information of the inspection report into the secure part of the NEAFC website. The original or a certified copy of each inspection report shall be forwarded upon request to the Contracting Party of the inspected vessel.	12. NEAFC inspectors shall transmit without delay a copy of each inspection report to EFCA and promptly upload the information of the inspection report into the secure part of the NEAFC website. The original or a certified copy of each inspection report shall be forwarded upon request to the flag Member State or Contracting Party of the inspected vessel.

Amendment  42

Proposal for a regulation

Article 24 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) cooperate with and assist in the inspection of the fishing vessel conducted pursuant to this Regulation and not obstruct, intimidate or interfere with the NEAFC inspectors in the performance of their duties and ensure their safety;	deleted

Amendment  43

Proposal for a regulation

Article 24 – paragraph 1 – point f

Text proposed by the Commission	Amendment
(f) provide access to any areas, decks and rooms of the fishing vessel, catch (whether processed or not), nets or other gears, equipment and any information or documents which the inspector deems necessary in accordance with Article 23(2);	deleted

Amendment  44

Proposal for a regulation

Article 29 – paragraph 4

Text proposed by the Commission	Amendment
4. Landing, transhipment and other use of port services shall not be authorised if the port Member State receives clear evidence that the catch on board was taken in contravention of applicable requirements of a Contracting Party in respect of areas under its national jurisdiction.	4. Landing, transhipment and other use of port services shall not be authorised if the port Member State receives clear evidence that the catch on board was taken in contravention of applicable requirements of the flag Member State or a Contracting Party in respect of areas under its national jurisdiction.

Amendment  45

Proposal for a regulation

Article 30 – paragraph 5

Text proposed by the Commission	Amendment
5. Member States shall notify any changes in the lists referred to in paragraph 3 to EFCA, which in turn shall forward them without delay to the NEAFC Secretariat with the Commission in copy.	5. Member States shall notify, 15 days prior to be effective, any changes in the lists referred to in paragraph 3 to EFCA, which in turn shall forward them without delay to the NEAFC Secretariat with the Commission in copy.

Amendment  46

Proposal for a regulation

Article 32 – paragraph 1

Text proposed by the Commission	Amendment
1. This Article applies in addition to the general obligations established in Article 113 of Implementing Regulation (EU) 404/2011.	1. This Article applies in addition to the general obligations established in Article 75 of Regulation (EC) 1224/2009.

Amendment  47

Proposal for a regulation

Article 32 – paragraph 2

Text proposed by the Commission	Amendment
2. The master of a fishing vessel which is being inspected or, where relevant, the representative of the master, shall comply with the obligations established in Article 114 of Implementing Regulation (EU) 404/2011 and, as applicable, with the obligations established in Article 24 of this Regulation.	2. The master of a fishing vessel which is being inspected or, where relevant, the representative of the master, shall comply with the obligations established in Article 75 of Regulation (EC) 1224/2009 and, as applicable, with the obligations established in Article 24 of this Regulation.

Amendment  48

Proposal for a regulation

Article 37 – paragraph 1

Text proposed by the Commission	Amendment
1. If an inspector considers that there are clear grounds for believing that the master or the operator of a fishing vessel has committed a serious infringement, that inspector shall promptly notify that infringement to the competent authorities of the inspecting Member State, the Commission and EFCA. The inspecting Member State or EFCA, in case the inspection was carried out by the latter, shall forward the information without delay to the NEAFC Secretariat, the competent authorities of the flag State of the vessel and, where appropriate, to the flag State or States of the donor vessels when the inspected vessel has engaged in transhipment operations.	1. If an NEAFC inspector considers that there are clear grounds for believing that the master or the operator of a fishing vessel has committed a serious infringement, that NEAFC inspector shall promptly notify that infringement to the competent authorities of the inspecting Member State, the Commission and EFCA. The inspecting Member State or EFCA, in case the inspection was carried out by the latter, shall forward the information without delay to the NEAFC Secretariat, the competent authorities of the flag State of the vessel and, where appropriate, to the flag State or States of the donor vessels when the inspected vessel has engaged in transhipment operations.

Amendment  49

Proposal for a regulation

Article 37 – paragraph 2

Text proposed by the Commission	Amendment
2. In order to preserve the evidence, the inspector shall take all necessary measures to ensure the security and continuity thereof whilst minimising inconvenience to the vessel and interference with its operations.	2. In order to preserve the evidence, the NEAFC inspector shall take all necessary measures to ensure the security and continuity thereof whilst minimising inconvenience to the vessel and interference with its operations.

Amendment  50

Proposal for a regulation

Article 37 – paragraph 3

Text proposed by the Commission	Amendment
3. In the case of an inspection at sea in the Regulatory Area, the inspector is entitled to remain on board the fishing vessel for the period necessary to provide information to an inspector duly authorised by the flag Contracting Party or until the response of the flag Contracting Party requires the inspector to leave the fishing vessel.	3. In the case of an inspection at sea in the Regulatory Area, the NEAFC inspector is entitled to remain on board the fishing vessel for the period necessary to provide information to a NEAFC inspector duly authorised by the flag Member State or flag Contracting Party or until the response of the flag Member State or flag Contracting Party requires the inspector to leave the fishing vessel.

Amendment  51

Proposal for a regulation

Article 38 – paragraph 1

Text proposed by the Commission	Amendment
1. Flag Member State shall respond to a notification of serious infringement without delay and shall ensure that the Union fishing vessel concerned is inspected within 72 hours by an inspector duly authorised in relation to the infringement.	1. Flag Member State shall respond to a notification of serious infringement without delay and shall ensure that the Union fishing vessel concerned is inspected within 72 hours by a NEAFC inspector duly authorised in relation to the infringement.

Amendment  52

Proposal for a regulation

Article 39 – paragraph 1

Text proposed by the Commission	Amendment
Member State shall ensure that appropriate measures are systematically taken, including administrative action or criminal proceedings in conformity with their national law, against the natural or legal persons responsible for a breach of the conservation and management measures adopted by NEAFC.	Member State shall ensure that appropriate measures are systematically taken, including administrative action or criminal proceedings in conformity with their national law, against the natural or legal persons responsible for a breach of the conservation and management measures set out in this Regulation.

Amendment  53

 

Proposal for a regulation

Article 52 – paragraph 1

Text proposed by the Commission	Amendment
1. Port Member States shall ensure surveillance by camera and sensor technologies at landing and processing facilities where more than 3,000 tonnes per year of the species referred to in Article 48 are weighed.	1. Port Member States shall ensure surveillance by camera and sensor technologies at landing and processing facilities for landings exceeding 10 tonnes and where more than 3 000 tonnes per year, in total, of the species referred to in Article 48 are weighed. For that purpose, Member States shall make publicly available a list of their ports that meet those thresholds and where those requirements are to apply.

Amendment  54

 

Proposal for a regulation

Article 52 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. This Article shall apply from 1 January 2026.

Amendment  55

Proposal for a regulation

Article 54 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The Commission is empowered to adopt delegated acts in accordance with Article 55 concerning measures adopted by NEAFC concerning:	1. The Commission is empowered to adopt delegated acts in accordance with Article 55 concerning measures adopted by NEAFC with regard to:

Amendment  56

Proposal for a regulation

Article 54 – paragraph 1 – point o a (new)

Text proposed by the Commission	Amendment
	(oa) list of codes of product from or presentation, preservation state of the resource, type of packing or container to be used in production logbook set out in in Annex VIa;

Amendment  57

Proposal for a regulation

Article 54 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) the restrictions for pelagic vessels on catch handling and discharge set out in Article 49;	deleted

Amendment  58

Proposal for a regulation

Article 54 – paragraph 3 – point b

Text proposed by the Commission	Amendment
(b) the derogations on the prohibition to use automatic grading equipment set out in Article 50(2); and	deleted

Amendment  59

Proposal for a regulation

Annex VI – paragraph 1

Text proposed by the Commission	Amendment
The relevant code lists shall be in accordance with the NEAFC Master Data Register available at https://www.neafc.org/mdr.	The relevant code lists shall be in accordance with the Annex VIa.

Amendment  60

Proposal for a regulation

Annex VI a (new)

Text proposed by the Commission

Amendment

ANNEX VIa

LIST OF CODES OF PRODUCT FROM OR PRESENTATION, PRESERVATION STATE OF THE RESOURCE, TYPE OF PACKING OR CONTAINER TO BE USED IN PRODUCTION LOGBOOK

1. The form or presentation of a processed resource's cut or part.

Code	Presentation	Description
CBF	Cod butterfly (escalado)	HEA with skin on, spine on, tail on
CLA	Claws	Claws only
DWT	ICCAT code	Gilled, gutted, part of head off, fins off
FIA	Filleted without skin, without belly	FIS without belly
FIL	Filleted	HEA + GUT + TLD + bones off Each fish originates two fillets
FIS	Filleted and skinned fillets	FIL+SKI Each fish originates two fillets not joined by any part
FMF	Fish meal	Fish meal from whole fish
FSB	Filleted with skin and bones	Filleted with skin and bones on
FSP	Filleted skinned with pinbone	Filleted with skin removed and pinbone on
GHT	Gutted headed and tailed	GUH+TLD
GUG	Gutted and gilled	Guts and gills removed
GUH	Gutted and headed	Guts and head removed
GUL	Gutted liver in	GUT without removing liver parts
GUS	Gutted headed and skinned	GUH+SKI
GUT	Gutted	All guts removed
HEA	Headed	Heads off
HED	Heads	Heads only
HET	Headed and tailed	Heads and tails off
JAP	Japanese cut	Transversal cut removing all parts from head to belly
JAT	Tailed Japanese cut	Japanese cut with tail removed
LAP	Lappen	Double fillet, HEA, skin + tails + fins ON
LGS	Leg section	Legs in section (crab)
LVR	Liver	Liver only. In case of collective presentation* use code LVR-C
OTH	Other	Any other presentation
ROE	Roe (s)	Roe(s) only. In case of collective presentation* use code ROE-C
SAD	Salted dry	Headed with skin on, spine on, tail on and salted dry
SAL	Salted wet light	CBF + salted
SGH	Salted, gutted and headed	GUH + salted
SGT	Salted gutted	GUT+salted
SKI	Skinned	Skin off
SUR	Surimi	Surimi
TAL	Tail	Tails only
TLD	Tailed	Tail off
TNG	Tongue	Tongue only. In case of collective presentation* use code TNG-C
TUB	Tube only	Tube only (Squid)
WHL	Whole	No processing
WNG	Wings	Wings only

2. The preservation state of the resource

Code	Description
FRE	Fresh
FRZ	Frozen
OTH	Any other processing

3. The type of packaging or container in where the resource is

Code	Name	Type	Description
BGS	Bags	Packaging	Catch delivered in bags
BLC	Blocks	Packaging	Catch delivered in blocks
BOX	Boxes	Packaging	Catch delivered in boxes
BUL	Bulk Fish	Packaging	Catch delivered in bulk
CRT	Cartons	Packaging	Catch delivered in cartons
CNT	Containers	Container	Catch delivered in containers
CSW	Chilled Sea Water Tanks	Container	Catch delivered in sea water tank cooled by adding ice (fixed or portable)
FOO	Fish Oil Other	Container	Fish oil delivered in any other container
FOT	Fish Oil Tank	Container	Fish oil delivered in tanks specifically for oil
RSW	Refrigerated Sea Water Tanks	Container	Catch delivered in mechanically refrigerated sea water tank (fixed or portable)
TNK	Tank	Container	Catch delivered in tanks not covered by other descriptions

 

EXPLANATORY STATEMENT

The rapporteur welcomes the proposed Regulation that compiles and implements into Union law the conservation, management and control measures adopted by the North East Atlantic Fisheries Commission (NEAFC). In order to ensure a sustainable exploitation of marine biological resources together with a level playing field in the NEAFC Convention area, the transposition of all recommendations into European Union (EU) law should be completed expeditiously.

NEAFC plays a significant role in regulating and conserving marine resources, overseeing fishing activities, and safeguarding the fragile ecosystems in this area. By incorporating NEAFC recommendations into Union law, EU vessels can ensure that their fishing practices align with international agreements and commitments, promoting responsible and environmentally friendly fisheries management. This transposition facilitates cooperation between EU member states and international partners, reinforcing our common dedication to combat overfishing, protect vulnerable species as well as ecosystems, and maintain the long-term viability of fisheries in the North East Atlantic.

The rapporteur would also like to highlight the importance of the objectives of the Common Fisheries Policy (CFP), in particular the policy’s environmental commitments pertaining to when EU vessels are active in non-EU waters, and the adherence to respective Regional fisheries management organisation (RMFO) rules. The rules of the CFP, if implemented properly, provide an ambitious and sustainable approach to fisheries management.

In 2022, the Union had 301 fishing vessels authorised to operate in the NEAFC Regulatory Area, that is, beyond the waters under the fisheries jurisdiction of Contracting Parties. However, the actual Union fishing operations have been rather limited, with Lithuania, Latvia and Estonia currently having the most significant fishing activity in international waters of the Barents Sea. Some Union vessels from Portugal, Spain, France and the Netherlands operate in other areas as well, to a lesser extent. The vast majority of fishing activity is thus concentrated in Union waters.

The rapporteur notes that Title III of the proposed Regulation implements the agreed record of conclusions of fisheries consultations, between Norway, the EU, the Faroe Islands, Greenland, Iceland and the United Kingdom on control measures for pelagic stocks in the North East Atlantic, of November 2022. Five out of the six NEAFC Contracting Parties have agreed to support the surveillance by camera and sensor technologies of landings at a limited number of landing and processing facilities, where more than 3,000 tonnes per year of certain species are weighed. It is therefore coherent to incorporate these provisions in the present Regulation as well, in order to avoid any delays and to ensure that port Member States have sufficient time to prepare for the implementation of those already agreed measures before their date of applicability, i.e. 1 January 2026. Furthermore, it not only fosters a level playing field but also serves as a testament to the EU's commitment to fulfilling its international obligations to our global partners.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

Entity and/or person

Europêche

Deep Sea Conservation Coalition

OCEANA

The Pew Charitable Trusts

 

The list above is drawn up under the exclusive responsibility of the rapporteur.

 

 

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Laying down conservation, management and control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries, amending Regulation (EU) 2019/1241 of the European Parliament and of the Council and Council Regulation (EC) No 1224/2009, and repealing Council Regulation (EEC) No 1899/85 and Regulation (EU) No 1236/2010
References	COM(2023)0362 – C9-0221/2023 – 2023/0206(COD)
Date submitted to Parliament	30.6.2023
Committee responsible  Date announced in plenary	PECH 11.9.2023
Committees asked for opinions  Date announced in plenary	ENVI 11.9.2023
Not delivering opinions  Date of decision	ENVI 12.10.2023
Rapporteurs  Date appointed	Francisco Guerreiro 20.9.2023
Discussed in committee	21.9.2023	29.11.2023
Date adopted	23.1.2024
Result of final vote	+: –: 0:	15 9 2
Members present for the final vote	Clara Aguilera, João Albuquerque, Pietro Bartolo, Izaskun Bilbao Barandica, Isabel Carvalhais, Maria da Graça Carvalho, Asger Christensen, Rosanna Conte, Rosa D’Amato, Francisco Guerreiro, Anja Haga, Anja Hazekamp, Jan Huitema, Ladislav Ilčić, Pierre Karleskind, Predrag Fred Matić, Francisco José Millán Mon, João Pimenta Lopes, Caroline Roose, Bert-Jan Ruissen, Marc Tarabella, Theodoros Zagorakis
Substitutes present for the final vote	Gabriel Mato, Cláudia Monteiro de Aguiar, Grace O’Sullivan
Substitutes under Rule 209(7) present for the final vote	Christian Doleschal
Date tabled	24.1.2024

 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

15	+
NI	Marc Tarabella
Renew	Izaskun Bilbao Barandica, Asger Christensen, Jan Huitema, Pierre Karleskind
S&D	Clara Aguilera, João Albuquerque, Pietro Bartolo, Isabel Carvalhais, Predrag Fred Matić
The Left	Anja Hazekamp
Verts/ALE	Rosa D'Amato, Francisco Guerreiro, Grace O'Sullivan, Caroline Roose

 

9	-
ECR	Ladislav Ilčić, Bert-Jan Ruissen
PPE	Maria da Graça Carvalho, Christian Doleschal, Anja Haga, Gabriel Mato, Francisco José Millán Mon, Cláudia Monteiro de Aguiar, Theodoros Zagorakis

 

2	0
ID	Rosanna Conte
The Left	João Pimenta Lopes

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

• [1] OJ C, C/2023/871, 08.12.2023.