European Parliament legislative resolution on the proposal for a Council regulation on the removal of fins of sharks on board vessels (COM(2002) 449 – C5&nbhy;0411/2002 – 2002/0198(CNS))
(Consultation procedure)
The European Parliament,
– having regard to the Commission proposal to the Council (COM(2002) 449)(1),
– having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5&nbhy;0411/2002),
– having regard to Rule 67 of its Rules of Procedure,
– having regard to the report of the Committee on Fisheries and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5&nbhy;0043/2003),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;
5. Instructs its President to forward its position to the Council and Commission.
Text proposed by the Commission
Amendments by Parliament
Amendment 2 Recital 1a (new)
(1a) Sharks are important components of healthy marine ecosystems.
Amendments 3 and 17 Recital 2
(2) Fish belonging to the taxon Elasmobranchii, which includes sharks, skates, rays and similar species are generally very vulnerable to exploitation due to their life-cycle characteristics. Most of these species are often caught as by-catch in Community fishing activities directed to other more valuable species.
(2) Fish belonging to the taxon Elasmobranchii, which includes sharks, skates and rays, are generally very vulnerable to exploitation due to their life-cycle characteristics.
Amendment 1 Recital 3a (new)
(3a) The European Parliament requested, in paragraph 41 of its resolution of 17 January 2002 on the Commission Green Paper on the future of the common fisheries policy1, that measures be taken in this area. _________ 1 OJ C 271 E, 7.11.2002, p. 401.
Amendment 6 Recital 6
(6) Measures to restrict or prevent the further development of the practice of shark finning are urgently required, and the removal of shark fins on board vessels should therefore be prohibited. In view of the practical difficulties involved in the identification of species based on removed fins, this prohibition should apply to all Elasmobranchs, except for the removal of ray wings.
(6) Measures to restrict or prevent the further development of the practice of shark finning are urgently required, and the removal of shark fins on board vessels should therefore be prohibited. In view of the practical difficulties involved in the identification of species based on removed fins, this prohibition should apply to all shark species.
Amendment 7 Recital 9
(9) The problems resulting from the practice of shark finning extend well beyond Community waters. It is appropriate that the Community shows equal commitment towards stock conservation in all maritime waters. This Regulation should therefore be applicable to all Community vessels.
(9) The problems resulting from the practice of shark finning extend well beyond Community waters. It is appropriate that the Community shows equal commitment towards stock conservation in all maritime waters. This Regulation should therefore be applicable to all Community vessels and, within the framework of the regional fisheries organisations in which the Community participates, the Community's representatives should encourage the wider application of the substance of this Regulation to those third countries that have not already taken similar measures.
Amendment 22 Recital 9a (new)
(9a) The Commission should develop by 31 December 2003 a comprehensive action plan for the conservation and sustainable exploitation of elasmobranchs, in line with the FAO Code of conduct for Responsible Fisheries and the FAO international plan of action for the conservation and management of sharks.
Amendment 8 Article 1, point 1a (new)
This Regulation shall be incorporated into fishing agreements between Member States and third countries.
Amendment 9 Article 2, point 2
(2) "shark" means any fish of the taxon Elasmobranchi;
(2) "shark" means any fish of the taxon shark species;
Amendment 23 Article 2, point 3a (new)
(3a) "Finning" means the removal of a shark's fins and the discarding of the body at sea.
Amendment 10 Article 3, paragraph 1
1. It shall be prohibited to remove shark fins on board vessels, or to retain on board, tranship or land shark fins.
1. It shall be prohibited to remove shark fins on board vessels, or to retain on board, tranship or land shark fins, if the remainder of the carcass has been discarded.
Amendment 11 Article 4, paragraph 1
1. By way of derogation from Article 3(1), and subject to paragraphs 2, 3, and 4, vessels which hold a valid special fishing permit may be allowed to remove shark fins on board and to retain on board, tranship or land shark fins.
1. Subject to paragraphs 2, 3, and 4, vessels which hold a valid special fishing permit may be allowed to remove shark fins on board and to retain on board, tranship or land shark fins.
Amendment 25 Article 4, paragraph 2
2. Such a special fishing permit shall only be issued to fishing vessels, which have demonstrated a capacity to use all parts of sharks, and have justified the need for the separate processing on board of shark fins and the remaining parts of sharks.
2. Such a special fishing permit shall only be issued to fishing vessels, which have: (a) demonstrated a capacity to use all parts of sharks, (b) proved that they have the facilities to undertake separate processing on board of shark fins and the remaining parts of sharks, and (c) shown that they employ a traceability system approved by the Member State concerned in order to ensure that the component parts of each individual shark can be identified.
Amendment 12 Article 4, paragraph 3
3. Vessels which hold a valid special fishing permit shall be prohibited from discarding at sea the remaining parts of sharks after evisceration and removal of the shark fins. The removed shark fins shall be retained on board, landed or transhipped together with the corresponding weight of remaining parts of sharks.
3. Vessels which hold a valid special fishing permit shall be prohibited from discarding at sea the remaining parts of sharks after evisceration, removal of the heads and removal of the shark fins. The removed shark fins shall be retained on board, landed or transhipped together with the corresponding weight of remaining parts of sharks or shall be accompanied by the document attesting to the marketing of each part, as appropriate.
Amendment 13 Article 4, paragraph 4
4. All shark fins and remaining parts of sharks on board a vessel shall be transhipped or landed at the same time.
4. All shark fins and remaining parts of sharks on board a vessel shall be transhipped or landed either at the same time or separately at different ports.
Amendment 14 Article 5, paragraph 1
1. For the purposes of the application of Article 4(3), the weight of the shark fins shall not exceed 5 % of the total weight of the remaining parts of sharks, after evisceration.
1. For the purposes of the application of Article 4(3), the weight of the shark fins shall not exceed 5 % of the live weight, except for the blue dog (prionace glauca), in which case it shall not exceed 6%.
2. Masters of vessels which hold a valid special fishing permit shall keep records of the weight of shark fins and the eviscerated remaining parts of sharks retained on board and transhipped or landed.
2. In addition to the traceability requirements of Article 4(2), masters of vessels which hold a valid special fishing permit shall keep records of the weight of shark fins and the eviscerated remaining parts of sharks retained on board and transhipped or landed.
Amendment 29 Article 5a (new)
Article 5a Records of retained and discarded sharks All vessels shall keep logbook records detailing, species by species, weights of sharks retained on board, transhipped, landed, or discarded as bycatch.
Amendment 16 Article 5b (new)
Article 5b Review and reporting The provisions of this Regulation shall be reviewed on the basis of improved catch data and inspection reports. Subsequently, a report shall be presented to the European Parliament and the Member States at the latest two years after the entry into force of the Regulation.