62 Amendments of Nils TORVALDS related to 2016/0074(COD)
Amendment 231 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Simplification of the existing rules is necessary for a better understanding and compliance by operators, national authorities and stakeholders; the consultation process of the Advisory Council should be respected in line with Regulation (EU) 1380/2013;attention should be paid to ensure that all objectives on conservation and sustainability are fully respected.
Amendment 243 #
Proposal for a regulation
Recital 7
Recital 7
(7) Technical measures should contribute to achieving the CFP objectives to fish atso as to restore and maintain fish stocks at levels capable of producing maximum sustainable yield levels, reduce unwanted catches and eliminate discards and to contribute to the achievement of good environmental status (GES) as set out in Directive 2008/56/EC of the European Parliament and of the Council18 . _________________ 18 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (OJ L 164, 25.6.2008, p.19).
Amendment 250 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) In order to achieve the objectives set out in Regulation (EU) 1380/2013, technical measures must be based on a result based management approach. Quantifiable targets are needed to develop such a successful result based management. Member States must monitor the progress towards achieving these targets.
Amendment 252 #
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8 b) The incidental catching of protected species should be addressed in a comprehensive manner across all fisheries and gear types in view of the strict level of protection they are afforded under Directive 92/43/EEC, their high level of vulnerability and the obligation to achieve a good environmental status by 2020.
Amendment 254 #
Proposal for a regulation
Recital 9
Recital 9
(9) To evaluate the effectiveness of technical measures, targets relating to the levels of unwanted catches; to the levelelimination of bycatches of sensitive species and to the extent of seabed habitats adversely affected by fishing; should be established that reflect the objectives of the CFP, Union environmental legislation (in particular Council Directive 92/43, Directive 2009/147/EC and Directive 2000/60/EC of the European Parliament and of the Council21 ), and international best practices. _________________ 21 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy OJ L 327, 22.12.2000, p.1.
Amendment 265 #
Proposal for a regulation
Recital 15
Recital 15
(15) For certain rare fish species, such as species of sharks and rays that are rare or whose biological characteristics make them especially vulnerable to overexploitation, even limited fishing activity could result in a serious risk to their conservation. To protect such species a general prohibition on fishing for them should be introduced.
Amendment 268 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to assist the catching sector implement and to ensure a level playing field by having full compliance with the landing obligation, Member States should put in place measures to facilitate the storage and the finding of outlets for marine species which are below the minimum conservation reference size. These measures should include support for investment in the construction and adaptation of landing sites and shelters or support for investment to add value to fishery products.
Amendment 269 #
Proposal for a regulation
Recital 23
Recital 23
(23) In cases where scientific advice indicates that there are significant unwanted catches of species which are not subject to catch limits and therefore not subject to the application of the landing obligation, Member States should carry out pilot projects with the aim of exploring ways to reduce such catches and with a view to introducing appropriate technical measures to achieve this aim.
Amendment 273 #
Proposal for a regulation
Recital 25
Recital 25
(25) Member States in conjunction with stakeholders canshould develop joint recommendations for appropriate and sustainable technical measures based on the best available scientific advice that deviate from the baselines in accordance with the regionalisation process set out in the CFP, even if there is no multiannual plan.
Amendment 275 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) When no multiannual plans are in place or are applicable and when needed for the conservation of stocks or of the marine environment, the Commission may adopt technical measures for specific regions by way of delegated acts.
Amendment 278 #
Proposal for a regulation
Recital 26
Recital 26
(26) Such regional technical measures should be sustainable and as a minimum be equivalent in terms of exploitation patterns and protection for sensitive species and habitats as the baseline standards. The adoption of any regional technical measure should be based on the best available scientific advice.
Amendment 282 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Decisions taken by regional groups of Member States under regionalisation should meet the same standards of democratic oversight as those in the concerned Member States.
Amendment 287 #
Proposal for a regulation
Recital 30
Recital 30
(30) In developing joint recommendations to amend or establish minimum conservation reference sizes in multiannual plans, regional groups of Member States should ensure the objectives of the CFP are not jeopardisachieved by ensuring that the protection of juveniles of marine species should beis fully respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created.
Amendment 298 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to minimisze and, where possible, eliminate the bycatches of sensitive species and impacts of fishing gears on sensitive habitats, regional groups of Member States should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats. Where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then Member States should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region. In particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds.
Amendment 304 #
Proposal for a regulation
Recital 38
Recital 38
(38) The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to update the list of fish and shellfish for which directed fishing is prohibited; to update the list of sensitive areas where fishing should be restricted; to adopt technical measures as part of multiannual plans or outside the framework of a multiannual plan if needed; and to adopt technical measures as part of temporary discard plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and based on STECF assessment. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 310 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to activities pursued by Union fishing vessels and nationals of Member States, without prejudice to the primary responsibility of the flag State, in the fishing zones referred to in Article 5, in waters of third countries and high seas as well as by fishing vessels flying the flag of, and registered in, third countries when fishing in Union waters, without prejudice to existing rules applicable in third country waters or RFMOs.
Amendment 318 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. As tools to support the implementationconservation of fishery resources and the protection of marine ecosystems as part of the Common Fisheries Policy (CFP), technical measures shall contribute to the objectives of the CFP set out in Article 2 of Regulation (EU) No 1380/2013 and in particular in paragraphs 2, 3 and 5(a) and (j) of that Article.
Amendment 320 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) optimisensure sustainable exploitation patterns to provide protectionhat guarantee the conservation of fisheries resources and protect the sensitive sizes and ages, in particular for juveniles and spawning aggregations of marine species;
Amendment 324 #
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(a a) support the achievement of Descriptors 1, 3, 4 and 6, laid down in Annex I of 2008/56/EC.
Amendment 331 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) contribute to having inensure that place fisheries management measures for the purposes of complying with the obligations under Directives 92/43/EEC, 2009/147/EC, 2008/56/EC and 2000/60/EC.
Amendment 334 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Technical measures shall aim to achieve the following targets:
Amendment 337 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) ensure that catches of marine species below minimum conservation reference sizes do not exceed 5% by volumethe levels defined in accordance with Article 2(2)18a, and that contribute to achieving the objectives established in Article 152(2) of Regulation (EU) No 1380/2013.
Amendment 354 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) ensure that by-catches of unwanted fish are progressively and gradually eliminated with the aim of ensuring that the criteria provided for Descriptors 1, 3 and 4, laid down in Part B of the Annex to the Commission Decision 2010/477/EU, are fulfilled.
Amendment 359 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall monitor the effectiveness of technical measures in achieving these targets. The extent to which these targets have been achieved shall be reviewed as part of the reporting process set out in Article 34.
Amendment 368 #
Proposal for a regulation
Article 6 – paragraph 1 – point 1
Article 6 – paragraph 1 – point 1
(1) ‘exploitation pattern’ means how fishing pressure is distributed across the age and size profile of a stock;
Amendment 372 #
Proposal for a regulation
Article 6 – paragraph 1 – point 3
Article 6 – paragraph 1 – point 3
(3) ‘selective fishing’ means a fishing method’s ability to target and capture fish or shellfish by size and species type during the fishing operation allowing non-target species and juveniles of regulated species to be avoided or released unharmed;
Amendment 383 #
Proposal for a regulation
Article 6 – paragraph 1 – point 7
Article 6 – paragraph 1 – point 7
(7) ‘sensitive species’ means a species whose conservation status, including its habitat, distribution, population size andor population condition is adversely affected by pressures arising from human activities, including fishing activities. Sensitive species, in particular, include species listed in Annexes II and IV of Directive 92/43/EEC, species covered by Directive 2009/147/EC and species whose protection is necessary to achieve good environmental status under Directive 2008/56/EC;
Amendment 389 #
Proposal for a regulation
Article 6 – paragraph 1 – point 10
Article 6 – paragraph 1 – point 10
(10) ‘Advisory Councils’ means stakeholder groups established under the CFPin accordance with Articles 43 to 45 of Regulation No 1380/2013 to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives of the CFP;
Amendment 411 #
Proposal for a regulation
Article 6 – paragraph 1 – point 42
Article 6 – paragraph 1 – point 42
(42) ‘high grading’ means the practice of discarding low priced fish that are subject to catch limits, even though they cshould have been legally landed, so as to maximise the total economic or monetary value of the fish brought back to harbour.
Amendment 413 #
Proposal for a regulation
Article 6 – paragraph 1 – point 45 a (new)
Article 6 – paragraph 1 – point 45 a (new)
(45 a) ‘full documentation’ means an accounting system that gives comprehensive, complete and reliable documentation of all catches and discards at sea, which may include, but not exclusively, the use of logbooks, on-board observers and/or electronic monitoring.
Amendment 414 #
Proposal for a regulation
Article 6 – paragraph 1 – point 45 b (new)
Article 6 – paragraph 1 – point 45 b (new)
(45 b) ‘metier’ means a group of fishing operations targeting a similar assemblage of species, using similar gear, during the same period of the year and/or within the same area and which are characterised by a similar exploitation pattern.
Amendment 424 #
Notwithstanding the provisions of Article 2, this Article shall apply to waters on the high seas and to the waters of third countries.
Amendment 441 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. Notwithstanding paragraph 10(3) of this regulation, national or regional authorities may grant exceptions to the ban for small scale costal fisheries fishing within the area of four nautical miles measured from the baselines.
Amendment 453 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. When caught as bycatches, species referred to in paragraph 1 and 2 shall not be harmed and specimens shall be promptly released back into the sea. Such catches shall be recorded in line with Article 25 of Regulation (EU) 1380/2013.
Amendment 455 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where the best available scientific advice indicates that an amendment of the list in Annex I is necessary through the addition of new species which require protection, the Commission shall be empowered to adopt such amendments by means of delegated acts in accordance with Article 32.
Amendment 456 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Measures adopted pursuant to paragraph 4 of this Article shall aim at achieving the targets set out in Article 4(1)(b).
Amendment 460 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. When caught as bycatch, species referred to in paragraph 1 shall not be harmed and specimens shall be promptly released as well as recorded in accordance with Commission Implementing Decision (EU) 2016/1251.
Amendment 466 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Measures adopted pursuant to in paragraph 4 of this Article shall aim at achieving the targets set out in Article 4(1)(b).
Amendment 475 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Measures adopted pursuant to paragraphs 2 and 3 of this Article shall aim at achieving the targets set out in Article 4(1)(c).
Amendment 485 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 487 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States mayshould conduct pilot projects with the aim of exploring methods for the avoidance, minimisation and elimination of unwanted catches of the species not subject to catch limits. Those pilot projects shall take account of the opinions of the relevant Advisory Councils and be based on best available scientific advice.
Amendment 489 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where the results of those pilot studies or other scientific advice indicate that unwanted catches of species which are not subject to catch limits are significant, Member States mayshould establish technical measures to avoid or as far as possible reduce those unwanted catches in accordance with the procedure set out in Article 19 of Regulation (EU) 1380/2013 or in Article 18 and 19 of this Regulation. Those technical measures shall apply solely to fishing vessels flying the flag of that Member State.
Amendment 497 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In accordance with the procedure set out in Article 18 of Regulation (EU) No 1380/2013 Member States may submit joint recommendations defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1. The Commission shall make these joint recommendations public immediately after their submission by the Member States and shall make public any scientific assessment carried out to ensure their compliance with the provisions of Article 18 (5) of Regulation (EU) No 1380/2013.
Amendment 501 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Notwithstanding paragraph 2, the Commission may adopt technical measures at regional level by means of delegated acts in the absence of a joint recommendation referred to in that paragraph.
Amendment 504 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18 a Levels of catches of marine species below minimum conservation reference sizes 1.In accordance with the procedure set out in Article 18 of Regulation (EU) No 1380/2013, Member States may submit joint recommendations defining the levels referred to in Article 4(1)(a) and the implementing methods for measuring the compliance with these levels. 2.The levels referred to in paragraph 1 shall be defined within a range from 0 to 10% for each fishery and each metier and shall aim at reducing the level of catches of marine species below minimum conservation reference sizes, on the basis of the best available scientific data. 3.Where no joint recommendation is submitted by [1 January 2019], the Commission shall be empowered to adopt delegated acts defining the elements referred to in paragraph 1, in accordance with Article 32 of this Regulation.
Amendment 506 #
Proposal for a regulation
Article 19 – title
Article 19 – title
Amendment 509 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall be empowered to establish technical measures at regional level with the aim of achieving objectives of multiannual plans referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013. Such measures shall be established by means of delegated acts adopted in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013. Notwithstanding Article 18(1) and (3) of Regulation (EU) No 1380/2013, the Commission may adopt such delegated acts also in the absence of a joint recommendation referred thereto.
Amendment 510 #
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) derogate from the measures set out in Annexes V to XI for a specific area or time period, provided it can be demonstrated based on the best available scientific advice that those measures have no conservation benefit in that area or period or that the alternative measures achieve the same objectives.
Amendment 511 #
Proposal for a regulation
Article 19 – paragraph 4 – point c
Article 19 – paragraph 4 – point c
(c) provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact through the allocation of fishing opportunities in line with Article 17 of Regulation (EU) No 1380/2013.
Amendment 513 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where Member States submit joint recommendations for the establishment of technical measures as referred to in paragraph 1, they shall provide scientific evidence to support the adoption of those measures. The Commission shall make these joint recommendations public immediately after their submission by the Member States.
Amendment 514 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission mayshall, in accordance with Article 26 of Regulation (EU) No 1380/2013, require the STECF to assess the joint recommendations referred to in paragraph 5 and these assessments shall be made public.
Amendment 515 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission mayshall require the STECF to assess the joint recommendations referred to in paragraph 5 and shall make this assessment public.
Amendment 518 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. When Member States submit joint recommendations in accordance with Article 18 and Article 19 to define size selective and species selective gears, they shall provide evidence demonstrating that those gears meet at least one of the following criteria:
Amendment 524 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
If Member States do not adopt joint recommendations, the Commission may adopt delegated acts establishing closed or restricted areas on the basis of the best available scientific advice.
Amendment 526 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
When Member States submit joint recommendations in accordance with Article 19 to amend or establish minimum conservation reference sizes listed in Part A of Annexes V to X they shall respect the objective of ensuring the protection of juveniles of marine species. Joint recommendations shall be based on the best available scientific advice and shall not put control and enforcement measures at risk.
Amendment 530 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
When Member States submit joint recommendations in accordance with Article 19 to allow for the creation of real- time closures and moving on provisions with the aim of ensuring the protection of aggregations of juveniles or spawning fish or shellfish species or other sensitive species, they shall include the following elements:
Amendment 544 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
Joint recommendations submitted by Member States in accordance with Article 19 to allow for the use of nature conservation measures to protect sensitive species and habitats mayshall in particular:
Amendment 546 #
Proposal for a regulation
Article 25 – paragraph 1 – indent 1
Article 25 – paragraph 1 – indent 1
- develop lists of sensitive species and habitats most at risk from fishing activities within the relevant region based on best available scientific advice;
Amendment 552 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. When Member States submit joint recommendations for the establishment of technical measures in temporary discard plans referred to in Article 15(6) of Regulation (EU) No 1380/2013, they mayshall contain the following elements:
Amendment 553 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The measures referred to in paragraph 1 shall aim at achieving the objectives set out in Article 3 of this Regulation and Article 2 (5) (a) of Regulation (EU) No 1380/2013 and in particular for the protection of aggregations of juveniles or spawning fish or shellfish species. The measures shall be at least as stringent as technical measures applicable under Union law.
Amendment 555 #
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Results-based management of fisheries 1.In accordance with the procedure set out in Article 18 of Regulation (EU) No 1380/2013, Member States may submit joint recommendations defining pilot projects that develop a system of full documentation of catches and discards based on measurable targets and objectives, for the purpose of a results- based management of fisheries. 2.The pilot projects referred to in paragraph 1 may derogate from the measures set out in Annexes V to XI for a specific area and for a maximum period of one year, provided that it can be demonstrated that such pilot projects aim at achieving the objectives set out in Article 3 and reaching the targets set out in Article 4.This one-year period may be extended to one more year under the same conditions. 3.Where Member States submit joint recommendations for the establishment of pilot projects as referred to in paragraph 1, they shall provide scientific evidence to support their adoption. The Commission shall require the STEFC to assess these joint recommendations and shall make this assessment public. 4.Where the pilot projects referred to in paragraph 1 can demonstrate that they successfully achieved the objectives set out in Article 3 and reached the targets set out in Article 4, the Commission may expand or convert them to full scale programmes by means of delegated acts adopted in accordance with Article 32 of this Regulation, on the basis of scientific evidence assessed by the STECF.
Amendment 574 #
Proposal for a regulation
Article 34 – paragraph 3 a (new)
Article 34 – paragraph 3 a (new)
3 a. Where the report shows that a Member State failed to comply with its obligation regarding control and data collection, the Commission may interrupt or suspend the EMFF funding for this Member State, in accordance with Articles 100 and 101 of Regulation (EU) No 508/2014.