2010/0255(COD) Conservation of fishery resources: transitional technical measures from 1 January 2010 to 31 December 2012
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | PECH |
GRELIER Estelle ( S&D)
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Lead committee dossier:
Legal Basis:
TFEU 043-p2
Legal Basis:
TFEU 043-p2Events
2011/06/24
Final act published in Official Journal
Details
PURPOSE: to extend the application of technical measures in Regulation (EC) No 1288/2009 until 31 December 2012 in order to maintain the proper conservation and management of marine resources.
LEGISLATIVE ACT: Regulation (EU) No 579/2011 of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and Council Regulation (EC) No 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011.
CONTENT: following an agreement at first reading with the European Parliament, the Council amended Regulation (EC) n° 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011. The United Kingdom and Portugal voted against.
This text provides for an extension of the implementation period of the regulation for the conservation of fisheries resources through technical measures. Given that Regulation (EC) No1288/2009 will expire on 30 June 2011, and that there is no current legal act that could provide for permanent technical measures, the text ensures legal certainty for these specific measures aiming at the conservation of marine resources by extending the validity of Regulation (EC) No 1288/2009 for another 18 months, until 1 January 2013. However, basic principles concerning technical measures will be considered by the new basic regulation for the ongoing reform of the common fisheries policy.
In addition, fishing quotas for Boarfish (Caproidae) were established for the first time under Council Regulation (EU) No 57/2011. The new Regulation therefore clarifies that boarfish may be targeted using towed nets with a mesh size range of 32 to 54 millimetres. Consequently, Annexes I and II to Council Regulation (EC) No 850/98 are amended accordingly.
ENTRY INTO FORCE : 01/07/2011.
2011/06/08
CSL - Draft final act
Documents
2011/06/08
CSL - Final act signed
2011/06/08
EP - End of procedure in Parliament
2011/05/25
EC - Commission response to text adopted in plenary
Documents
2011/05/17
EP/CSL - Act adopted by Council after Parliament's 1st reading
2011/05/17
CSL - Council Meeting
2011/04/06
EP - Results of vote in Parliament
Documents
2011/04/06
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 622 votes to 40, with 21 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011.
It adopted its position at first reading under the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council. They amend the proposal as follows:
- the compromise text stipulates that in view of the forthcoming reform of the Common Fisheries Policy (CFP) and its relevance for the content and scope of new permanent technical measures, it is appropriate to delay the adoption of such measures until a new legislative framework is in place;
- in order to maintain the proper conservation and management of marine resources, and given that it can reasonably be expected that a new legislative framework will apply as from 1 January 2013, the technical measures currently in force should continue to apply until that date. Consequently, since the temporary technical measures laid down in Regulation (EC) No 1288/2009 will cease to apply from 1 July 2011, that Regulation should be amended to extend their validity until 31 December 2012 ;
- lastly, given that fishing quotas for Boarfish (Caproidae) were established for the first time under Council Regulation (EU) No 57/2011, the amended text states that it is therefore appropriate to clarify that boarfish may be targeted using towed nets with a mesh size range of 32 to 54 millimetres. Consequently, Annexes I and II to Council Regulation (EC) No 850/98 should be amended accordingly.
Documents
2011/04/05
EP - Debate in Parliament
Documents
2011/02/23
EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2011/02/22
EP - Committee report tabled for plenary, 1st reading
Documents
2011/02/01
EP - Vote in committee, 1st reading
Details
The Committee on Fisheries adopted the report drafted by Estelle GRELIER (S&D, FR) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011.
It recommended that the European Parliament’s position adopted at first reading, under the ordinary legislative procedure, should be to amend the Commission’s proposal as follows:
in the interests of clarity, it needs to be specified that the results of the trials and experiments are to be submitted to the Commission; the report also states that the adding of boar fish to Annex 1 of Council Regulation 850/98 removes any ambiguity that exists in the regulation as regards the appropriate mesh size to be used for fishing boar fish and also and more importantly adopts the advice given by STECF on the appropriate boar fish mesh size to be used.
2011/01/19
ESC - Economic and Social Committee: opinion, report
Documents
2010/12/15
EP - Amendments tabled in committee
Documents
2010/11/09
EP - Committee draft report
Documents
2010/10/07
EP - Committee referral announced in Parliament, 1st reading
2010/09/29
EP - GRELIER Estelle (S&D) appointed as rapporteur in PECH
2010/09/23
EC - Legislative proposal published
Details
PURPOSE: to extend the application of Regulation (EC) No 1288/2009 until 1 January 2013.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
IMPACT ASSESSMENT: no impact assessment was carried out.
LEGAL BASE: Article 43(2) of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: in June 2008, the Commission made a proposal for a Council Regulation concerning the conservation of fisheries resources through technical measures. The proposal was intended to replace Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and certain transitional technical measures as laid down in Annex III to Council Regulation (EC) No 43/2009 establishing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks.
The proposed Council Regulation was not adopted before the date on which the measures provided for in Annex III to Regulation (EC) No 43/2009 ceased to apply. For reasons of legal certainty and in order to maintain the proper conservation and management of marine resources, Council Regulation (EC) No 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011 was adopted, providing for the continuation of temporary technical measures catered for in Annex III to Regulation (EC) No 43/2009 for a transitional period of 18 months.
In view of the new requirements of the Lisbon Treaty, the Commission withdrew in 2010 the proposal for a Council Regulation concerning the conservation of fisheries resources through technical measures. Basic principles on technical measures will be considered by the new basic regulation for the ongoing reform of the common fisheries policy, for which a proposal is envisaged during the third quarter of 2011.
Regulation (EC) No 1288/2009 will expire on 30 June 2011 . Given the fact that there is no current legal act that could provide for permanent technical measures, and in order to ensure legal certainty and the conservation of marine resources, it is appropriate to extend the validity of the regulation for another 18 months, until 1 January 2013.
FINANCIAL IMPLICATIONS: the proposal has no financial implications for the budget of the European Union.
Documents
Documents
- Final act published in Official Journal: Regulation 2011/579
- Final act published in Official Journal: OJ L 165 24.06.2011, p. 0001
- Draft final act: 00009/2011/LEX
- Commission response to text adopted in plenary: SP(2011)4619
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0139/2011
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A7-0024/2011
- Committee report tabled for plenary, 1st reading: A7-0024/2011
- Economic and Social Committee: opinion, report: CES0069/2011
- Amendments tabled in committee: PE454.682
- Committee draft report: PE452.609
- Legislative proposal published: COM(2010)0488
- Legislative proposal published: EUR-Lex
- Committee draft report: PE452.609
- Amendments tabled in committee: PE454.682
- Economic and Social Committee: opinion, report: CES0069/2011
- Committee report tabled for plenary, 1st reading/single reading: A7-0024/2011
- Commission response to text adopted in plenary: SP(2011)4619
- Draft final act: 00009/2011/LEX
Votes
A7-0024/2011 - Estelle Grelier - Am 7 (Bloc 1) #
2011/04/06 Outcome: +: 651, -: 19, 0: 10
PPE
ALDE
ECR
Verts/ALE
GUE/NGL
NI
PPE-DE
EFDA7-0024/2011 - Estelle Grelier - Am 4 #
2011/04/06 Outcome: -: 459, +: 185, 0: 19
A7-0024/2011 - Estelle Grelier - Am 5 pc (point b) #
2011/04/06 Outcome: -: 466, +: 171, 0: 19
A7-0024/2011 - Estelle Grelier - Am 5 pc (après point b) #
2011/04/06 Outcome: -: 467, +: 181, 0: 32
A7-0024/2011 - Estelle Grelier - Résolution #
2011/04/06 Outcome: +: 622, -: 40, 0: 21
| Amendments | Dossier |
| 10 |
2010/0255(COD)
2010/12/15
PECH
10 amendments...
Amendment 10 #
Proposal for a regulation – amending act Sole Article - point 1 - point b - point i e (new) Council Regulation (EC) No 1288/2009 Article 1 - paragraph 2 - point c a-c c (new) Amendment 11 #
Amendment 2 #
Proposal for a regulation – amending act Recital 1 a (new) (1a) The cod recovery plans contained in Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long- term plan for cod stocks and the fisheries exploiting those stocks1 have failed to achieve their objective of cod recovery, despite drastic measures such as TAC reductions and bans on high-grading, and other measures are necessary. ____________________ 1. OJ L 348, 24.12.2008, p. 20.
Amendment 3 #
Proposal for a regulation – amending act Sole Article - point 1 - point b - point i - indent 1 Council Regulation (EC) No 1288/2009 Article 1 - paragraph 2 - point a - point i – in point (i), the words "point 6.8 second paragraph" are deleted and "2010" is replaced by "2013";
Amendment 4 #
Article 1 - paragraph 2 - point a - point i – in point (i)
Amendment 5 #
Proposal for a regulation – amending act Sole Article - point 1 - point b - point i - indent 5 a (new) Council Regulation (EC) No 1288/2009 Article 1 - paragraph 2 - point a - points vii-ix (new) - The following points are added: “(vii) For vessels using mesh range in the range 110mm to 119mm and with a 120mm square mesh panel then the catch retained on board shall consist of at least 70 % of any combination of the target species included in the longer list of such target species for mesh size range 80 to 90 mm specified in Annex I to Regulation (EC) 850/98 and no more than 5 % Cod. (viii) In the event that no more than 50 % of the overall TAC of an individual Member State has not been taken by 1 September of each year, haddock shall, from that point on, be excluded from the catch composition requirements and the requirements on the remaining two species, cod and whiting, shall be reduced from 30 % to 20 %. (ix) By way of derogation from point 6.1, it shall be permitted to fish for queen scallops provided that: (a) the fishing gear used incorporates a sorting grid in accordance with points (b), (c), (d) and (e) from Appendix 2 to this Annex or a square-mesh panel as described in Appendix 5 to this Annex; (b) no less than 90 % of the retained catch by weight is comprised of queen scallops"
Amendment 6 #
Proposal for a regulation – amending act Sole Article - point 1 - point b - point i a (new) Council Regulation (EC) No 1288/2009 Article 1 - paragraph 2 - point a a (new) (ia) the following subparagraph is inserted: "(aa) The following point shall be added to apply until 1 January 2013: '5a. No vessel shall be allowed to use towed gear in EU waters between 1 January and 30 April each year unless the vessel is in full compliance with Article 13 of Council Regulation (EC) No 1342/2008.'"
Amendment 7 #
Proposal for a regulation – amending act Sole Article - point 1 - point b - point i b (new) Council Regulation (EC) No 1288/2009 Article 1 - paragraph 2 - point c (ib) subparagraph (c) is replaced by the following: "(c) Point 6.3 shall be replaced by the following: '6.3. By way of derogation from points 6.1 and 6.2, it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes, scallop dredges, mussel dredges, draft nets and beach seines, pots and creels within the specified areas and time periods, provided that: (i) no fishing gear other than inshore static nets fixed with stakes, scallop dredges, mussel dredges, tangle nets, pots and creels are carried on board or deployed; and (ii) no fish other than salmon, shellfish, lesser spotted dogfish (Scyliorhinus Canicula) and crustacea are retained on board, landed or brought ashore.'"
Amendment 8 #
Proposal for a regulation Sole Article - point 1 - point b - point i c (new) Council Regulation (EC) No 1288/2009 Article 1 - paragraph 2 - point c (ic) subparagraph c shall be replaced by the following: "6.3. By way of derogation from points 6.1 and 6.2 it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes, tangle nets, scallop dredges, mussel dredges, handlines, mechanised jigging, draft nets and beach seines, pots and creels within the specified areas and time periods, provided that: (i) no fishing gear other than inshore static nets fixed with stakes, tangle nets, scallop dredges, mussel dredges, handlines, mechanised jigging, pots and creels are carried on board or deployed; and (ii) no fish other than mackerel, pollack, salmon, shellfish and crustacea are retained on board, landed or brought ashore."
Amendment 9 #
Proposal for a regulation - amending act Sole Article - point 1 - point b - point i d (new) Council Regulation (EC) No 1288/2009 Article 1 - paragraph 2 - point c a (new) (id) The following subparagraph is inserted: "(ca) in point 6.5 (i) the following text shall be added at the end of the subparagraph: 'The square mesh panel shall be at least three metres in length, except when incorporated into nets towed by vessels of less than 112 kilowatts, when it must be of at least two metres in length'”
source: PE-454.682
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