(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0609)(1),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0403/2006),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries (A6-0162/2007),

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 1 Article 4 By-catch requirements By-catch retained on board 1.  Fishing vessels may not conduct directed fisheries for species for which by catch limits apply. A directed fishery for a species is conducted when that species comprises the largest percentage by weight of the catch in any one haul. 1.  Fishing vessels shall limit their by-catch to a maximum of 2 500 kg or 10 %, whichever is the greater, for each species listed in Annex I for which no quota has been allocated in that Division to the Community. 2.  By-catches of the species for which no quotas have been fixed by the Community for a part of the NAFO Regulatory Area and taken in that part when fishing directly for any species may not exceed for each species 2 500 kg or 10 % by weight of the total catch retained on board, whichever is the greater. However, in a part of the NAFO Regulatory Area where directed fishing of certain species is banned or an "others" quota has been fully utilised, by-catches of each of such species may not exceed 1 250 kg or 5 % respectively. 2.  In cases where a ban on fishing is in force or an "others" quota has been fully utilised, the by-catch of the species concerned may not exceed 1 250 kg or 5 %, whichever is the greater. 3.  Whenever the total amounts of species subject to by-catch limits in any haul exceed the limits laid down in paragraph 2, whichever is applicable, vessels shall immediately move a minimum of five nautical miles away from the previous haul position. Whenever the total amounts of species subject to by-catch limits in any future haul exceed those limits, vessels shall again immediately move a minimum of five nautical miles away from the previous haul position and shall not return to the Area for at least 48 hours. 3.  The percentages in paragraphs 1 and 2 shall be calculated as the percentage, by weight, for each species of the total catch retained on board. Catches of shrimp shall not be included in the calculation of by-catch levels of groundfish species. 4.  In the event that total by catches of all species in any haul exceed 5 % by weight in Division 3M and 2.5 % in Division 3L, vessels fishing for shrimp (Pandalus borealis), shall immediately move a minimum of 5 nautical miles from the position of the previous haul. 5.  Catches of shrimp shall not be used in the calculation of by-catch level of groundfish species. Amendment 2 Article 4 a (new) Article 4(a) By-catch in any one haul 1.  If the percentages of by-catches in any one haul exceed the percentages laid down in Article 4(1) and (2) the vessel shall immediately move a minimum of 5 nautical miles from any position of the previous tow and throughout the next tow keep a minimum distance of 10 nautical miles from any position of the previous tow. If after moving, the next haul exceeds these by-catch limits the vessel shall leave the Division and not return for at least 60 hours. 2.  Should total by-catches of all ground fish species subject to quota in any haul in the shrimp fishery exceed 5 % by weight in Division 3M or 2,5 % by weight in Division 3L, the vessel shall move a minimum of 10 nautical miles from any position of the previous tow and throughout the next tow keep a minimum distance of 10 nautical miles from any position of the previous tow. If after moving, the next haul exceeds these by-catch limits the vessel shall leave the Division and not return for at least 60 hours. 3.  The percentage of by-catch authorised in any one haul shall be calculated as the percentage, by weight, for each species of the total catch in that haul. Amendment 3 Article 4 b (new) Article 4(b) Directed fishery and by-catch 1.  Masters of Community vessels shall not conduct directed fisheries for species for which by-catch limits apply. A directed fishery for a species shall be considered to have been conducted when that species comprises the largest percentage by weight of the total catch in any one haul. 2.  However, when a vessel is conducting a directed fishery for skate with a legal mesh size appropriate for that fishery, the first time that, in a haul, catches of species for which by-catch limits apply comprise the largest percentage by weight of the total catch, they shall be considered as incidental. In this event the vessel shall immediately change position in accordance with Article 4a(1) and (2). 3.  Following an absence from a Division of at least 60 hours in accordance with the provisions of Article 4a(1) and (2), masters of Community vessels shall undertake a trial tow the duration of which shall not exceed 3 hours. By way of derogation from paragraph 1 of this Article, if in a haul from such a trial tow catches of species for which by-catch limits apply comprise the largest percentage by weight of the total catch, it shall not be considered as a directed fishery. In this event the vessel shall immediately change position in accordance with Article 4a(1) and (2). Amendment 4 Article 5 The use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall be prohibited for directed fishing of the groundfish species referred to in Annex I. This mesh size may be reduced to a minimum of 60 mm for direct fishing of short-finned squid (Illex illecebrosus). For direct fishing of skates (Rajidae) this mesh size shall be increased to minimum of 280 mm in the cod-end and 220 mm in all other parts of the trawl. 1.  The use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall be prohibited for direct fishing of the groundfish species referred to in Annex I, except for fishing for Sebastes mentella as referred to in paragraph 3. That mesh size may be reduced to a minimum of 60 mm for direct fishing of short-finned squid (Illex illecebrosus). For direct fishing of skates (Rajidae) that mesh size shall be increased to a minimum of 280 mm in the cod-end and 220 mm in all other parts of the trawl. Vessels fishing for shrimp (Pandalus borealis) shall use nets with a minimum mesh size of 40 mm. 2.  Vessels fishing for shrimp (Pandalus borealis) shall use nets with a minimum mesh size of 40 mm. 3.  Vessels fishing for pelagic Sebastes mentella (Oceanic redfish) in Sub-Area 2 and Division 1F and 3K shall use nets with a minimum mesh size of 100 mm. Amendment 5 Article 6 1.  When fishing directly for one or more of the species listed in Annex I, vessels may not carry nets with a mesh size smaller than that laid down in Article 5. 1.  When fishing directly for one or more of the species listed in Annex I, Community vessels shall not carry nets with a mesh size smaller than that laid down in Article 5. 2.  However, vessels fishing in the course of the same voyage in Areas other than the NAFO Regulatory Area may keep on board nets with a mesh size smaller than that laid down in Article 5 provided they are securely lashed and stowed and are not available for immediate use. Those nets must 2.  However, Community vessels fishing in the course of the same voyage in areas other than the NAFO Regulatory Area may keep on board nets with a smaller mesh size than that laid down in Article 5 provided they are securely lashed and stowed and are not available for immediate use. Such nets must: (a) be unshackled from their boards and their hauling or trawling cables and ropes and, (a) be unshackled from their boards and their hauling or trawling cables and ropes; and (b) if they are carried on or above the deck, be lashed securely to a part of the superstructure. (b) if they are carried on or above the deck, be lashed securely to a part of the superstructure. Amendment 6 Article 10, title and paragraph 1, introductory part Special requirements for data collection Fisheries restricted areas 1.  Member States shall implement, where possible, special requirements for data collection for vessels fishing in the following Areas: The conduct of fishing activities involving demersal fishing gears shall be prohibited in the following Areas: Amendment 7 Article 10, paragraphs 2 and 3 2.  Data to be collected in accordance with paragraph 1 should be collected on a set by set basis and should, to the extent possible, include: deleted a)  Species composition in numbers and weight; b)  Length frequencies; c)  Otoliths; d)  Set location, latitudes and longitudes; e)  Fishing gear; f)  Depth fished; g)  Time of day; h)  Duration of set; i)  Tow opened (for mobile gear); j)  Other biological sampling such as maturity where possible. 3.  The data collected in accordance with paragraph 1 shall be reported to the competent authorities of member States for onward transmission to NAFO Secretariat as soon as possible after the end of each fishing trip. Amendment 8 Article 12, paragraph 2 2.  Each Member State shall inform the Commission in computer readable form, at least 15 days before the vessel enters the NAFO Regulatory Area, of any amendment to its list of vessels flying its flag and registered in the Community that are authorised to fish in the NAFO Regulatory Area. The Commission shall forward those amendments promptly to the NAFO Secretariat. 2.  Each Member State shall inform the Commission in computer readable form, at least 15 days before the new vessel enters the NAFO Regulatory Area, of any amendment to its list of vessels flying its flag and registered in the Community that are authorised to fish in the NAFO Regulatory Area. The Commission shall forward this information promptly to the NAFO Secretariat. Amendment 9 Article 13, paragraph 1 1.  Member States may allow that a fishing vessel flying their flag and authorised to fish in the NAFO Regulatory Area to be subject to a chartering arrangement for the utilisation in part or in full of a quota and/or fishing days allocated to another Contracting Party of NAFO. 1.  Member States may allow a fishing vessel flying their flag and authorised to fish in the NAFO Regulatory Area to be subject to a chartering arrangement for the utilisation in part or in full of a quota and/or fishing days allocated to another Contracting Party of NAFO. Chartering arrangements involving vessels identified by NAFO or any other regional fisheries organisation as having been involved in illegal, unreported and unregulated (IUU) fishing activities shall, however, not be permitted. Amendment 10 Article 14, paragraph 5 5.  Member States shall, no later than 31 December each year, report to the Commission on the implementation of their fishing plans. Those reports shall include the number of vessels actually engaged in fishing activities in the NAFO Regulatory Area, the catches of each vessel and the total number of days each vessel fished in that Area. Activities of vessels fishing for shrimp in Divisions 3M and 3L shall be reported separately for each Division. 5.  Member States shall, no later than 15 January each year, report to the Commission on the implementation of their fishing plans. Those reports shall include the number of vessels actually engaged in fishing activities in the NAFO Regulatory Area, the catches of each vessel and the total number of days each vessel fished in that Area. Activities of vessels fishing for shrimp in Divisions 3M and 3L shall be reported separately for each Division Amendment 11 Article 16 Community vessels shall not engage in transhipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent authorities. 1.  Community vessels shall not engage in transhipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent authorities. 2.  Community vessels shall not engage in operations involving the trans-shipment of fish from or to a non-contracting party vessel which has been identified through sighting or otherwise as having engaged in fishing activities in the NAFO Regulatory Area. 3.  Community vessels shall report each trans-shipment in the NAFO Regulatory Area to their competent authorities. Donor vessels shall make that report at least 24 hours in advance and receiving vessels not later than one hour after the trans-shipment. 4.  The report referred to in paragraph 3 shall include the time, the geographical position, the total round weight by species to be off-loaded or on-loaded in kilograms and the call sign of vessels involved in the trans-shipment. 5.  The receiving vessel shall report, in addition to the total catch on board and the total weight to be landed, the name of the port and the expected time of landing at least 24 hours in advance of any landing. 6.  Member States shall promptly transmit the reports referred to in paragraphs 3 and 5 to the Commission, which shall promptly forward them to the NAFO Secretariat. Amendment 12 Article 17, paragraphs 1 to 4 1.  In addition to complying with Articles 6, 8, 11 and 12 of Regulation (EEC) No 2847/93, masters of vessels shall enter in the fishing logbook the information listed in Annex IV. 1.  In addition to complying with Articles 6, 8, 11 and 12 of Regulation (EEC) No 2847/93, masters of vessels shall enter in the fishing logbook the information listed in Annex IV. 1a.  Before the 15th of each month, each Member State shall, in computer-readable form, notify the Commission of the quantities of stocks specified in Annex II landed during the preceding month and communicate any information received under Articles 11 and 12 of Regulation (EEC) No 2847/93. 2.  The masters of a Community vessel shall, in respect of catches of the species referred to in Article 15(1) of Regulation (EEC) N° 2847/93, keep: 2.  The masters of a Community vessel shall, in respect of catches of the species referred to in Article 15(1) of Regulation (EEC) N° 2847/93, keep: (a) a production logbook stating their cumulative production by species on board in product weight stated in kilograms; (a) a production logbook stating their cumulative production by species on board in product weight stated in kilograms; (b) a stowage plan that shows the location of the different species in the holds. (b) a stowage plan that shows the location of the different species in the holds. In the case of shrimp, vessels shall keep a stowage plan that specifies the location of shrimp taken in Division 3L and in Division 3M as well as the quantities of shrimp by Division on board in product weight stated in kilograms. 3.  The production logbook and stowage plan referred to in paragraph 2 shall be updated on a daily basis for the preceding day reckoned from 00.00 hrs (UTC) until 24.00 hrs (UTC) and shall be kept onboard until the vessel has unloaded completely. 3.  The production logbook and stowage plan referred to in paragraph 2 shall be updated on a daily basis for the preceding day reckoned from 00.00 hrs (UTC) until 24.00 hrs (UTC) and shall be kept onboard until the vessel has unloaded completely. 4.  The master shall provide the necessary assistance to enable the quantities declared in the production logbook and the processed products stored on board to be verified. 4.  The master of a Community vessel shall provide the necessary assistance to enable the quantities declared in the production logbook and the processed products stored on board to be verified. Amendment 13 Article 18 1 All processed fish harvested in the NAFO Regulatory Area shall be labelled in such a way that each species and product category as referred to in Article 1 of Council Regulation (EC) No 104/2000 is identifiable. It shall also be marked as having been caught in the NAFO Regulatory Area. 1.  All processed fish harvested in the NAFO Regulatory Area shall be labelled in such a way that each species and product category as referred to in Article 1 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products1 and in the case of shrimp the date of capture is identifiable. It shall also be marked as having been caught in the NAFO Regulatory Area. 2.  All shrimp harvested in Division 3L and all Greenland halibut harvested in Sub-Area 2 and Divisions 3KLMNO shall be marked as having been caught in these respective zones. 2.  All shrimp harvested in Division 3L and 3M and all Greenland halibut harvested in Subarea 2 and Divisions 3KLMNO shall be marked as having been caught in these respective zones. 3.  Catches of the same species may be stowed in more than one part of the hold, but in each part of the hold where it is stowed it shall be kept clearly separate (for example by plastic, plywood, netting, etc.) from catches of other species. 3.  Taking into account consideration for the legitimate safety and navigational responsibilities of the master of the vessel, the following shall apply: a) all catches taken inside the NAFO Regulatory Area shall be stowed separately from all catches taken outside the area. They shall be kept clearly separate, for example with plastic, plywood or netting; b) catches of the same species may be stowed in more than one part of the hold but the location where it is stowed shall be clearly represented in the stowage plan referred to in Article 17. Similarly all catches taken inside the NAFO Convention Area Convention Area shall be stowed separately from all catches taken outside the Area. ____________________ 1 OJ L 17, 21.1.2000, p. 22. Regulation as amended by Regulation (EC) No 1759/2006 (OJ L 335, 1.12.2006, p. 3). Amendment 14 Article 42 1.   Where a Member State is notified of an infringement committed by a vessel flying its flag, it shall take prompt action in conformity with its national law to receive and examine the evidence and conduct any further investigations necessary for action to be taken as a result of the infringement and, where possible, inspect the vessel. 1.   The competent authorities of a Member State notified of an infringement committed by one of its vessels shall investigate that infringement immediately and fully to obtain the evidence required which shall include, where appropriate, the physical inspection of the vessel concerned. 2.   Member States shall co-operate with the authorities of the Contracting Party carrying out an inspection to ensure that evidence of the infringement is prepared and preserved in a form which facilitates judicial action. 2.  The competent authorities of the Member State shall take immediate judicial or administrative action in accordance with their national legislation against the nationals responsible for the vessel flying its flag where the measures adopted by NAFO have not been respected. 3.   Member States shall designate the authorities responsible for receiving evidence of infringements and inform the Commission of their address. 3.   The competent authorities of the flag Member State shall ensure that the proceedings initiated pursuant to paragraph 2 are capable, in accordance with the relevant provisions of national law, of providing effective measures that are adequate in severity, secure compliance, deprive those responsible of the economic benefit of the infringement and effectively discourage future infringements. Amendment 15 Article 47 a (new) Article 47a Enhanced follow-up with regard to certain serious infringements 1.  In addition to the provisions of this Section, in particular Articles 46 and 47, the flag Member State shall take action under this Section where a vessel flying its flag has committed one of the following serious infringements: (a) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited; (b) mis-recording of catches. To be considered for follow-up action under this Article the difference between the inspector's estimates of processed catch on board, by species or in total, and the figures recorded in the production logbook shall be 10 tons or 20%, whichever is the greater, calculated as a percentage of the production logbook figures. In order to calculate the estimate of the catch on board a stowage factor agreed between the inspectors of the inspecting Contracting Party and the Contracting Party of the inspected vessel shall be used; (c) the repetition of the same serious infringement mentioned in Article 43, that has been confirmed in accordance with Article 44(4) during a 100-day period or within the fishing trip, whichever is shorter. 2.  The flag Member State shall ensure that following the inspection referred to in paragraph 3 the vessel concerned ceases all fishing activities and an investigation into the serious infringement is initiated. 3.  If no inspector or other person designated by the flag Member State of the vessel to carry out the investigation as outlined in paragraph 1 is present in the Regulatory area the flag Member State shall require the vessel to proceed immediately to a port where the investigation can be initiated. 4.  When completing the investigation for any serious infringement of mis-recording of catch referred to in paragraph 1(b) the flag Member State shall ensure that the physical inspection and enumeration of total catch on board takes place under its authority in port. Such inspection may take place in the presence of an inspector from any another Contracting Party that wishes to participate, subject to the consent of the flag Member State. 5.  When a vessel is required to proceed to port pursuant to paragraphs 2, 3 and 4, an inspector from another Contracting Party may board and/or remain on board the vessel as it is proceeding to port, provided that the competent authority of the Member State of the inspected vessel does not require the inspector to leave the vessel. Amendment 16 Article 47 b (new) Article 47b Enforcement measures 1.  Each flag Member State shall take enforcement measures with respect to a vessel, where it has been established, in accordance with its laws that this fishing vessel flying its flag committed a serious infringement as referred to in Article 47a. 2.  The measures referred to in paragraph 1 may include in particular, depending on the gravity of the offence and in accordance with the pertinent provisions of national law: a) fines; b) seizure of illegal fishing gear and catches; c) sequestration of the vessel; d) suspension or withdrawal of fishing authorisation; e) reduction or withdrawal of the fishing quota. 3.  The flag Member State of the vessel concerned shall notify to the Commission without delay the appropriate measures taken in accordance with this Article. Based on this notification, the Commission shall notify the NAFO Secretariat of those measures. Amendment 17 Article 47 c (new) Article 47c Report on infringements 1.  In the case of a serious infringement as referred to in Article 47a, the Member State concerned shall provide the Commission with a report on the progress of the investigation, including details of any action taken or proposed to be taken in relation to the serious infringement as soon as practicable and in any case within three months following the notification of the infringement and a report on the outcome of the investigation when the investigation is completed. 2.  The Commission shall compile a Community report on the basis of the reports of the Member States. It shall send the Community report on the progress of the investigation to the NAFO Secretariat within four months following the notification of the infringement and as soon as possible the report on the outcome of the investigation when the investigation is completed. Amendment 18 Article 48 1.  Member States shall treat reports drawn up by the inspectors of other Contracting Parties and other Member States on the same basis as reports from its own inspectors. 1.  Inspection and surveillance reports drawn up by NAFO inspectors shall constitute admissible evidence for judicial or administrative proceedings of any Member State. For the purpose of establishing facts, those reports shall be treated on the same basis as inspection and surveillance reports of their own inspectors. 2.  Member States shall cooperate with the relevant Contracting Parties in order to facilitate judicial or other proceedings in accordance with their national law, arising from a report submitted by an inspector under the NAFO Scheme. 2.  Member States shall collaborate in order to facilitate judicial or other proceedings arising from a report submitted by an inspector under this scheme, subject to the rules governing the admissibility of evidence in domestic judicial and other systems. Amendment 19 Article 51, paragraph 2, point (d) (d) the zone or zones in the NAFO Regulatory Area where the catch was made. (d) the division or divisions or zones in the NAFO Regulatory Area where the catch was made. Amendment 20 Article 58 Measures in respect of Non-Contracting party vessels Measures in respect of IUU vessels 1 Member States shall take all necessary measures in accordance with national and Community law, in order that 1 The following measures shall apply to vessels that have been placed by NAFO on the list of IUU vessels in Annex XVII, Appendix 2, of Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required 1: (a) no license or special fishing permit is issued to vessels appearing in the IUU list to fish in waters under their sovereignty or jurisdiction; (a) fishing vessels, support vessels, refuel vessels, mother-ship and cargo vessels flying the flag of a Member State shall not in any way assist IUU vessels, engage in fish processing operations or participate in any transhipment or joint fishing operations with vessels on the IUU vessels list; (b) their flag is not granted to vessels appearing on the IUU list; (b)  IUU vessels shall not be supplied in ports with provisions, fuel or other services; (c) vessels appearing on the IUU list are not authorised to land, tranship, refuel or re-supply, except for reasons of force majeure, or engage in fishing operations or in any other activity in preparation for or related to fishing in their ports or waters under their sovereignty or jurisdiction; (c)  IUU vessels shall not be authorised to entry into port of a Member State, except in case of force majeure; (d) importers, transporters and other sectors concerned are encouraged to refrain from negotiating with and from transhipping fish caught by vessels appearing on the IUU list; (d)  IUU vessels shall not be authorised to change the crew, except as required in relation to force majeure; (e) all information regarding the vessels appearing on the IUU list is collected and exchanged with other Contracting Parties, Non-Contracting Parties and other Regional fisheries Organisations for the purpose of detecting, and preventing the use of false import/export certificates regarding fish from such vessels. (e)   IUU vessels shall not be authorised to fish in Community waters and it shall be prohibited to charter them; (f)  Member states shall refuse the granting of their flag to IUU vessels and encourage importers, transporters and other sectors concerned to refrain from negotiating and from transhipping of fish caught by such vessels; (g) imports of fish coming from IUU vessels shall be prohibited. 2.   Fishing vessels, including support vessels, refuel vessels, mother ships and cargo vessels flying the flag of Member States are prohibited from assisting in any way, or participating in transhipment or any other activity in preparation for or related to fishing or join----------------------------------t fishing activities with, vessels appearing on the IUU list. 2.   The Commission shall amend the IUU vessels list to be in accordance with the NAFO list as soon as NAFO adopts a new list. 3.  The chartering of a vessel appearing on the IUU list is prohibited. ____________________ 1 OJ L 15, 20.1.2007, p. 1. Regulation as amended by Commission Regulation (EC) No 444/2007 (OJ L 106, 24.4.2007, p. 22).

(1) Not yet published in the Official Journal.