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Procedure : 2007/0070(CNS)
Document stages in plenary
Document selected : A6-0407/2007

Texts tabled :

A6-0407/2007

Debates :

Votes :

PV 13/11/2007 - 5.7
Explanations of votes

Texts adopted :

P6_TA(2007)0498

Texts adopted
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Tuesday, 13 November 2007 - Strasbourg
Data in the fisheries sector and scientific advice regarding the common fisheries policy *
P6_TA(2007)0498A6-0407/2007

European Parliament legislative resolution of 13 November 2007 on the proposal for a Council regulation establishing a Community framework for the collection, management and use of data in the fisheries sector and supporting scientific opinions on the Common Fisheries Policy (COM(2007)0196 – C6-0152/2007 – 2007/0070(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0196),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0152/2007),

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

–   having regard to the report of the Committee on Fisheries (A6-0407/2007),

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
Recital 6
(6)  Council Regulation (EC) No 1543/2000 of 29 June 2000 establishing a Community framework for the collection and management of the data needed to conduct the common fisheries policy needs to be reviewed in order to take due consideration of a fleet based approach towards fisheries management, the need to develop an ecosystem approach, the need for improved quality, completeness and broader access to fisheries data, more efficient support for provision of scientific advice and the promotion of cooperation among Member States.
(6)  Council Regulation (EC) No 1543/2000 of 29 June 2000 establishing a Community framework for the collection and management of the data needed to conduct the common fisheries policy needs to be reviewed in order to take due account of a fleet-based approach towards fisheries management, the need to develop an ecosystem approach, the need for improved quality, completeness and broader access to fisheries data, more efficient support for provision of scientific advice and the promotion of cooperation among Member States. The Member States and the Commission should be obliged to ensure sufficient levels of confidentiality in accordance with the data concerned, the characteristics of the end-user and the national law in question.
Amendment 2
Recital 9
(9)  The obligations concerning access to the data covered by this Regulation are without prejudice to Member States" obligations under Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC with regard to the environmental information as defined in Article 2(1) of that Directive.
(9)  The obligations concerning access to the data covered by this Regulation are without prejudice to the obligations, rights and exceptions set out in Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC with regard to the environmental information as defined in Article 2(1) of that Directive.
Amendment 3
Recital 14
(14)  The data referred to in this Regulation should be put into computerised databases so that they are accessible to authorised end-users and can be exchanged. It is in the interest of the scientific community that data which does not allow for personal identification is available to any party who has an interest in the analysis of such data.
(14)  The data referred to in this Regulation should be put into computerised databases so that they are accessible to authorised end-users and can be exchanged.
Amendment 4
Recital 16 a (new)
(16a)  Where the end-user is not a public body, a recognised scientific research centre, an international fisheries management organisation, or a body associated with any of the above for purposes of fisheries research or management, and where the persons, bodies or associations concerned are private, the public authorities should be allowed to charge for providing the information referred to in this Regulation. The sum charged, however, should be reasonable.
Amendment 5
Article 2, point (g)
(g) "end-users" means natural or legal persons or organisations with an interest in the scientific analysis of data concerning the fisheries sector;
(g) "end-users" means national or international bodies which, whether or not scientific in nature, are active partners and participants in fisheries research or management; the degree of connectedness of the end-user to fisheries management and research shall determine his level of access to the primary, detailed or aggregated data;
Amendment 6
Article 7, paragraph 4, point (c)
(c) where an official request for data has been made by an end-user and the data are not delivered on time to the end-user concerned.
(c) where an official request for data has been made by an end-user and the data are not delivered on time to the end-user concerned, subject to the provisions of Articles 3 and 4 of Directive 2003/4/EC.
Amendment 7
Article 7, paragraph 4 a (new)
4a.  The Commission shall clearly define different kevels of penalisation according to the seriousness of the failure to comply, as also "official request for information" and "incomplete national programme".
Amendment 8
Article 7 a (new)
Article 7a
Charges
1.  Where the end-user is not a public body, a recognised scientific research centre, an international fisheries management organisation, or a body associated with any of the above for purposes of fisheries research or management, and where the persons, bodies or associations concerned are private, the public authorities may charge for providing environmental information. Any sum charged, however, shall be reasonable.
2.  Where charges are applied, public authorities shall publish and make available to those requesting information the scale of charges, specifying in what circumstances charges may or may not apply.
Amendment 9
Article 10, paragraph 4 a (new)
4a.  In the definition of expenditure to be included in the national programme, account should be taken of expenditure arising from the self-sampling programmes.
Amendment 10
Article 13, paragraph 2, point (b)
(b) detailed and aggregated data derived from primary data collected under national programmes are validated before their transmission to end-users;
(b) detailed and aggregated data derived from primary data collected under national programmes are validated before their transmission to end-users, as defined in Article 2(g);
Amendment 11
Article 15, paragraph 1
1.  Member States shall ensure that the primary data incorporated into the national computerised databases are directly accessible by electronic means by the Commission for the purpose of verifying that the data exist.
1.  With a view to verifying the existence of the mandatory primary data to be collected under this Regulation, the Commission may carry out spot checks on the national databases.
Amendment 12
Article 15, paragraph 2
2.  Without prejudice to the obligations established by other Community rules, Member States shall conclude agreements with the Commission relating to computer access in order to guarantee direct access to their databases.
2.  Without prejudice to paragraph 1, the Commission, in cooperation with the Member States, may develop an IT platform for the exchange of the information enabling such checks to be made.
Amendment 13
Article 15, paragraph 3
3.  Member States shall ensure that the primary data collected under the surveys at sea schemes are transmitted to international scientific organisations and appropriate scientific bodies within regional fisheries organisations in accordance with the international obligations of the Community and the Member States.
3.  The Commission and the Member States shall ensure that the primary data collected under the surveys at sea schemes are transmitted to international scientific organisations and appropriate scientific bodies within regional fisheries organisations in accordance with the international obligations of the Community and the Member States.
Amendment 14
Article 15, paragraph 3 a (new)
3a.  The Commission shall provide for access to these data, which may include individual data, e.g. that of a vessel. However, the confidentiality of the information of the economic agent must be safeguarded. Thus, the Commission may have access to aggregated, not individual, data, in line with the definition of aggregation to be included in the implementing regulation.
Amendment 15
Article 17
Member States shall make detailed and aggregated data available to end-users to support scientific analysis:
(a) as a basis for advice to fisheries management;
(b) in the interest of public debate and stakeholder participation in policy development;
(c) for publication in research journals or for educational purposes.
Member States shall make data available to end-users, as defined in Article 2(g), to support scientific analysis, ensuring the confidentiality of such data and taking account of the following:
(a) detailed data as a basis for advice to fisheries management;
(b) aggregated data:
- in the interest of public debate and stakeholder participation in policy development;
- for publication for scientific purposes.
Amendment 16
Article 18
Member States shall ensure that relevant detailed and aggregated data is provided immediately to relevant international scientific organisations and appropriate scientific bodies within regional fisheries organisations in accordance with the international obligations of the Community and the Member States.
The Commission and the Member States shall ensure that relevant detailed and aggregated data are provided immediately to relevant international scientific organisations and appropriate scientific bodies within regional fisheries organisations in accordance with the international obligations of the Community and the Member States.
Amendment 17
Article 19, paragraph 2
2.  Where detailed and aggregated data are requested for publication in research journals or for educational purposes, Member States may, in order to protect the professional interests of the data collectors, withhold data transmission to the end-users for a period of two years following the date of collection of the data. Member States shall inform the end-users and the Commission of any such decisions. In duly justified cases the Commission may authorise that period to be extended.
2.  Should detailed and aggregated data be requested beyond the provisions of Article 17, and in particular for publication in research journals or for educational purposes, Member States may, in order to protect the professional interests of the data collectors, withhold data transmission to the end-users for a period of two years following the date of collection of the data. Member States shall inform the end-users and the Commission of any such decisions. In duly justified cases the Commission may authorise that period to be extended.
Amendment 18
Article 19, paragraph 3, introductory wording
3.  Member States may refuse to transmit the relevant detailed and aggregated data only:
3.  Member States may apply, mutatis mutandis, the conditions laid down in Article 4 of Directive 2003/4/EC. In particular, Member States may refuse to transmit the relevant detailed and aggregated data:
Amendment 19
Article 19, paragraph 3, point (a)
(a) if there is a risk of natural persons and/or legal entities being identified in which case the Member State may propose alternative means to meet the needs of the end-user which ensure anonymity;
(a) if there is a risk of natural persons and/or legal entities being identified;
Amendment 20
Article 19, paragraph 3, point (b a) (new)
(ba) in the case of detailed data, where the applicant cannot demonstrate that such data are essential for the management or research activity invoked.
Amendment 21
Article 25, paragraph 1 a (new)
On the basis of information received, the Commission shall each year draw up:
(a) a report for the European Parliament and the Council evaluating the means employed by each Member State, the appropriateness of the methods used and the results achieved in the collection and management of data covered by Regulation (EC) No 2371/2002;
(b) a report on the Community use of data collected under this Regulation.
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