94 Amendments of Nils TORVALDS related to 2018/0210(COD)
Amendment 40 #
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to establish a European Maritime and Fisheries Fund (EMFF) for the 2021-2027 period. That fund should aim to target funding from the Union budget to support the full and timely implementation of the Common Fisheries Policy (CFP), the Union's maritime policy and the Union's international commitments in the field of ocean governance. Such funding is a, combined with responsible fisheries policies, one of the key enablers for sustainable fisheries and the conservation of marine biological resources, for food security through the supply of seafood products, for the growth of a sustainable blue economy and for healthy, safe, secure, clean and sustainably managed seas and oceans.
Amendment 53 #
Proposal for a regulation
Recital 10
Recital 10
(10) The EMFF should be based on four priorities that are fully in line with the CFP objectives: fostering sustainable fisheries and the conservation of marine biological resources; contributing to food security in the Union through competitive and sustainable aquaculture and markets; enabling the growth of a sustainable blue economy and fostering prosperous coastal communities; strengthening international ocean governance and enabling safe, secure, clean and sustainably managed seas and oceans. Those priorities should be pursued through shared, direct and indirect management.
Amendment 59 #
Proposal for a regulation
Recital 15
Recital 15
(15) In accordance with Article 42 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ('CFP Regulation')7 , Union financial assistance under the EMFF should be conditional upon full compliance with the rules of the CFP and relevant EU environmental law. EU financial assistance should be granted only to those operators and Member States who fully comply with their relevant legal obligations. Applications from beneficiaries that do not comply with the applicable rules of the CFP should not be admissible. _________________ 7 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
Amendment 60 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to address the specific conditions of the CFP referred to in Regulation (EU) No 1380/2013 and to contribute to the full compliance with the rules of the CFP, provisions additional to the rules on interruption, suspension and financial corrections as set out in Regulation (EU) No [Regulation laying down Common Provisions] should be laid down. Where a Member State or a beneficiary has failed to comply with its obligations under the CFP, or where the Commission has evidence that suggests such a lack of compliance, the Commission should, as a precautionary measure, be allowed to interrupt payment deadlines. In addition to the possibility of interruption of the payment deadline, and in order to avoid an evident risk of paying out ineligible expenditure, the Commission should be allowed to suspend payments and impose financial corrections in cases of serious non-compliance with rules of the CFP by a Member State.
Amendment 61 #
Proposal for a regulation
Recital 17
Recital 17
(17) MuchSteps hasve been achievedtaken over the last few years by the CFP intowards bringing fish stocks back to healthy levels, in increasing the profitability of the Union's fishing industry and in conserving marine ecosystems. However, substantial challenges remain to fully achieve the socio- economic and environmental objectives of CFP, including the legal obligation to restore and maintain all populations of fish stocks above biomass levels capable of producing maximum sustainable yield. This requires continued support beyond 2020, notably in sea basins where progress has been slower.
Amendment 66 #
Proposal for a regulation
Recital 18
Recital 18
(18) Fisheries are vital to the livelihood and cultural heritage of many coastal and island communities in the Union, in particular where small-scale coastal fishing plays an important role. With the average age in many fishing communities being over 50, generational renewal and diversification of activities remain a challenge.
Amendment 67 #
Proposal for a regulation
Recital 19
Recital 19
(19) The EMFF should aimcontribute to achieveing the environmental, economic, social and employment objectives of the CFP, as defined in Article 2 of Regulation (EU) No 1380/2013. Such support should ensure that fishing activities are environmentally sustainable in the long- term and managed in a way that is consistent with the objectives set out in Article 2(2) of Regulation (EU) No 1380/201, which will contribute tof achieving economic, social and employment benefits, and of contributing to the availability of food supplies.
Amendment 68 #
Proposal for a regulation
Recital 20
Recital 20
(20) Support from the EMFF should aim to achieve and maintain sustainable fishing based on thecontribute to the timely achievement of the legal obligation to restore and maintain populations of all fish stocks above biomass levels capable of producing maximum sustainable yield (MSY) and to minimise, and where possible eliminate, the negative impacts of fishing activities on the marine ecosystem. That support should include innovation and investments in low- impact, climate resilient and low-carbon fishing practices and techniques.
Amendment 72 #
Proposal for a regulation
Recital 21
Recital 21
(21) The landing obligation is a legal obligation and one of the main challenges of the CFP. It has implied significthe end of the environmentally unacceptable practise of discharging as well as important changes in fishing practices for the sector, sometimes with an important financial cost. ItThe Member States should therefore be possible foruse the EMFF to support innovation and investments that contribute to the full and timely implementation of the landing obligation, with a higher aid intensity rate than the one that applies to other operations, like investments in selective fishing gears, in the improvement of port infrastructures and in the marketing of unwanted catches. It should also grant a maximum aid intensity rate of 100% to the design, development, monitoring, evaluation and management of transparent systems for exchanging fishing opportunities between Member States ('quota swaps'), in order to mitigate the 'choke species' effect caused by the landing obligation.
Amendment 81 #
Proposal for a regulation
Recital 26
Recital 26
(26) Given the challenges toIn order to contribute to ensuring the achievement of the conservation objectives of the CFP, it should in exceptional circumstances and under strict conditions be possible for the EMFF to support actions for the management of fisheries and fishing fleets. In this context, support for fleet adaptation remains sometimes necessary with regard to certain fleet segments and sea basins. Such support should be tightly targeted to the conservation and sustainable exploitation of marine biological resources and aimed to achieve balance between the fishing capacity and the available fishing opportunities. Therefore, in exceptional circumstances it should be possible for the EMFF to support the permanent cessation of fishing activities in fleet segments where the fishing capacity is not balanced with the available fishing opportunities. Such support should be a tool of theconditional to the revoking of the fishing licence and the development of a national action plans for the adjustment of fleet segments with identified structural overcapacity, as provided for in Article 22(4) of Regulation (EU) No 1380/2013, and should be implemented either through the scrapping of the fishing vessel or through its decommissioning and retrofitting for other activities. Where, without the retrofitting would leading to an increased pressure of recreational fishing on the marine ecosystem, support should only be granted if in line with the CFP and the objectives of the relevant multiannual plans. In order to ensure the consistency of fleet structural adaptation with conservation objectives, support for the permanent cessation of fishing activities should be strictly conditional and linked to the achievement of results identified in the national action plan and in the delegated acts of the Commission, which should relate to the achievement of the conservation objectives of the CFP. It should therefore be implemented only by financing not linked to costs, as provided for in Regulation (EU) No [Regulation laying down Common Provisions]. Under that mechanism, Member States should not be reimbursed by the Commission for permanent cessation of fishing activities on the basis of real costs incurred but on the basis of the fulfilment of conditions and of the achievement of results. For this purpose, the Commission should establish in a delegated act such conditions, which should relate to the achievement of the conservation objectives of the CFP.
Amendment 88 #
Proposal for a regulation
Recital 28
Recital 28
(28) Small-scale coastal fishing is carried out by fishing vessels below 12 metres and not using towed fishing gears. That sector represents nearly 75% of all fishing vessels registered in the Union and nearly half of all employment in the fishery sector. Operators from small-scale coastal fisheries are particularly dependant on healthy fish stocks for their main source of income. The EMFF should therefore give them a preferential treatment through a 100% aid intensity rate, including for operations related to control and enforcement, with the aim of encouraging sustainable fishing practices in line with the CFP objectives. In addition, certain areas of support should be reserved for small-scale fishing in fleet segment where the fishing capacity is balanced with the available fishing opportunities, i.e. support for the acquisition of a second- hand vessel and for engine replacement or modernisation as well as for young fishermen. Furthermore, Member States should include in their programme an action plan for small-scale coastal fishing, which should be monitored on the basis of indicators for which milestones and targets should be set.
Amendment 91 #
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to establish a European Maritime and Fisheries Fund (EMFF) for the 2021-2027 period. That fund should aim to target funding from the Union budget to support the full and timely implementation of the Common Fisheries Policy (CFP), the Union's maritime policy and the Union's international commitments in the field of ocean governance. Such funding is a, combined with responsible fisheries policies, one of the key enablers for sustainable fisheries and the conservation of marine biological resources, for food security through the supply of seafood products, for the growth of a sustainable blue economy and for healthy, safe, secure, clean and sustainably managed seas and oceans.
Amendment 94 #
Proposal for a regulation
Recital 31
Recital 31
(31) Fisheries and sustainable aquaculture contribute to food security and nutrition. However, the Union currently imports more than 60% of its supply of fishery products and is therefore highly dependent on third countries. An important challenge is to encourage the consumption of fish protein produced in the Union with high quality standards and available for consumers at affordable prices.
Amendment 105 #
Proposal for a regulation
Recital 5
Recital 5
(5) Under direct management, the EMFF should develop synergies and complementarities with other relevant Union funds and programmes as well as synergies between members states and regions. It should also allow financing in the form of financial instruments within blending operations implemented in accordance with Regulation (EU) xx/xx of the European Parliament and of the Council [Regulation on InvestEU]5 . _________________ 5 OJ C […], […], p. […].
Amendment 107 #
Proposal for a regulation
Recital 35
Recital 35
(35) Job creation in coastal regions and islands often relies on a locally driven development of a sustainable blue economy that revives the social fabric of those regions. Ocean industries and services are likely to outperform the growth of the global economy and make an important contribution to employment and growth by 2030. To be sustainable, blue growth depends on innovation and investment in new maritime businesses and in the bio- economy, including sustainable tourism models, ocean-based renewable energy, innovative high-end shipbuilding and new port service, which can create jobs and at the same time enhance local development. Whilst public investment in the sustainable blue economy should be mainstreamed throughout the Union budget, the EMFF should specifically concentrate on enabling conditions for the development of the sustainable blue economy and on removing bottlenecks to facilitate investment and the development of new markets and technologies or services. Support for the development of the sustainable blue economy should be delivered through shared, direct and indirect management.
Amendment 112 #
Proposal for a regulation
Recital 40
Recital 40
(40) As a global actor, the Union is strongly committed to promoting international ocean governance, in accordance with the Joint Communication to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 10 November 2016 entitled 'International Ocean Governance: and agenda for the future of our oceans'17 . The Union's ocean governance policy is a new policy that covers the oceans in an integrated manner. International ocean governance is not only core to achieve the 2030 Agenda for Sustainable Development, and in particular Sustainable Development Goal 14 ('Conserve and sustainably use the oceans, seas and marine resources for sustainable development'), but also to guarantee safe, secure, clean and sustainably managed seas and oceans for future generations. The Union needs to deliver on those international commitments and be a driving and leading force for better international ocean governance at bilateral, regional and multilateral levels, including to prevent, deter and eliminate illegal, unreported and unregulated fishing, to improve the international ocean governance framework, to reduce pressures on oceans and seas, to create the conditions for a sustainable blue economy and to strengthen international ocean research and data. _________________ 17 JOIN(2016) 49
Amendment 121 #
Proposal for a regulation
Recital 8
Recital 8
(8) The multiannual financial framework set out in Regulation (EU) xx/xx6 provides that the Union budget must continue to support fisheries and maritime policies. The EMFF budget should amount, in current prices, to EUR 6 140 000 000. EMFF resources should be split between shared, direct and indirect management. EUR 5 311 000 000 should be allocated to support under shared management and EUR 829 000 000 to support under direct and indirect management. In order to ensure stability in particular with regard to the timely achievement of the objectives of the CFP, the definition of national allocations under shared management for the 2021- 2027 programming period should be based on the EMFF 2014-2020 shares. Specific amounts should be reserved for the outermost regions, control and enforcement and collection and processing of data for fisheries management and scientific purposes, while amounts for permanent cessation and extraordinary cessation of fishing activities should be capped. _________________ 6 OJ C […], […], p. […].
Amendment 134 #
Proposal for a regulation
Recital 10
Recital 10
(10) The EMFF should be based on four priorities that are fully in line with the objectives CFP: fostering sustainable fisheries and the conservation of marine biological resources; contributing to food security in the Union through competitive and sustainable aquaculture and markets; enabling the growth of a sustainable blue economy and fostering prosperous coastal communities; strengthening international ocean governance and enabling safe, secure, clean and sustainably managed seas and oceans. Those priorities should be pursued through shared, direct and indirect management.
Amendment 140 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Any funding that is not spent under Articles 19 and 20 on control and data collection may be reallocated to the European Fisheries Control Agency.
Amendment 140 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The priorities could be specified with specific EU objectives to give further clarity on what the fund can be used for and to increase the efficiency of the fund
Amendment 142 #
Proposal for a regulation
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(a) EUR 65 000 000; or
Amendment 152 #
Proposal for a regulation
Article 9 – paragraph 6 – point e
Article 9 – paragraph 6 – point e
(e) the most recent evidence on the balance between the environmental priorities and the socio-economic performance of the sustainable blue economy, and in particular the fishery and aquaculture sector;
Amendment 154 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) has committed serious infringements under Article 42 of Council Regulation (EC) No 1005/200828 or Article 90 of Council Regulation (EC) No 1224/2009 or under other legislation adopted by the European Parliament and by the Council; _________________ 28 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).
Amendment 156 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The beneficiary, after submitting the application, shall continue to comply with the admissibility conditions referred to in paragraph 1 throughout the period of implementation of the operation and for a period of fivesix years after the final payment to that beneficiary.
Amendment 157 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) the identification of the threshold triggering and the length of period of time of inadmissibility referred to in paragraphs 1 and 3, which shall be proportionate to the nature, gravity, duration and repetition of the serious infringements, offences or fraud, and shall be of at least one year’s duration;
Amendment 163 #
Proposal for a regulation
Recital 15
Recital 15
(15) In accordance with Article 42 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ('CFP Regulation')7 , Union financial assistance under the EMFF should be conditional upon full compliance with the rules of the CFP and relevant EU environmental law. EU financial assistance should be granted only to those operators and member states who fully comply with their relevant legal obligations. Applications from beneficiaries that do not comply with the applicable rules of the CFP should not be admissible. _________________ 7 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
Amendment 166 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to address the specific conditions of the CFP referred to in Regulation (EU) No 1380/2013 and to contribute to the full compliance with the rules of the CFP, provisions additional to the rules on interruption, suspension and financial corrections as set out in Regulation (EU) No [Regulation laying down Common Provisions] should be laid down. Where a Member State or a beneficiary has failed to comply with its obligations under the CFP, or where the Commission has evidence that suggests such a lack of compliance, the Commission should, as a precautionary measure, be allowed to interrupt payment deadlines. In addition to the possibility of interruption of the payment deadline, and in order to avoid an evident risk of paying out ineligible expenditure, the Commission should be allowed to suspend payments and impose financial corrections in cases of serious non- compliance with rules of the CFP by a Member State.
Amendment 168 #
Proposal for a regulation
Recital 17
Recital 17
(17) MuchSteps hasve been achievedtaken over the last few years by the CFP intowards bringing fish stocks back to healthy levels, in increasing the profitability of the Union's fishing industry and in conserving marine ecosystems. However, substantial challenges remain to fully achieve the socio- economic and environmental objectives of CFP, including the legal obligation to restore and maintain all populations of fish stocks above biomass levels capable of producing maximum sustainable yield. This requires continued support beyond 2020, notably in sea basins where progress has been slower.
Amendment 176 #
Proposal for a regulation
Recital 18
Recital 18
(18) Fisheries are vital to the livelihood and cultural heritage of many coastal and island communities in the Union, in particular where small-scale coastal fishing plays an important role. With the average age in many fishing communities being over 50, generational renewal and diversification of activities remain a challenge.
Amendment 178 #
Proposal for a regulation
Recital 19
Recital 19
(19) The EMFF should aimcontribute to achieveing the environmental, economic, social and employment objectives of the CFP, as defined in Article 2 of Regulation (EU) No 1380/2013. Such support should ensure that fishing activities are environmentally sustainable in the long- term and managed in a way that is consistent with the objectives set out in Article 2.2 of Regulation (EU) No 1380/201, which will contribute tof achieving economic, social and employment benefits, and of contributing to the availability of food supplies.
Amendment 182 #
Proposal for a regulation
Recital 20
Recital 20
(20) Support from the EMFF should aim to achieve and maintain sustainable fishing based on thecontribute to the timely achievement of the legal obligation to restore and maintain populations of all fish stocks above biomass levels capable of producing maximum sustainable yield (MSY) and to minimise, and where possible eliminate, the negative impacts of fishing activities on the marine ecosystem. That support should include innovation and investments in low- impact, climate resilient and low-carbon fishing practices and techniques.
Amendment 183 #
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Ifn exceptional cases, the support referred to in paragraph 1 ismay be granted through the compensation for the permanent cessation of fishing activities, provided that the following conditions shall bare complied with:
Amendment 184 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) the cessation is foreseen as a tool of an action plan to reduce fleet capacity referred to in Article 22(4) of Regulation (EU) No 1380/2013;
Amendment 185 #
Proposal for a regulation
Article 17 – paragraph 2 – point a a (new)
Article 17 – paragraph 2 – point a a (new)
(a a) the cessation leads to a total decrease in the fishing capacity as the money received is not re-invested in the sector;
Amendment 190 #
Proposal for a regulation
Recital 21
Recital 21
(21) The landing obligation is a legal obligation and one of the main challenges of the CFP. It has implied significthe end of the environmentally unacceptable practise of discarding as well as significant important changes in fishing practices for the sector, sometimes with an important financial cost. ItThe members states should therefore be possible foruse the EMFF to support innovation and investments that contribute to the full and timely implementation of the landing obligation, with a higher aid intensity rate than the one that applies to other operations, like investments in selective fishing gears, in the improvement of port infrastructures and in the marketing of unwanted catches. It should also grant a maximum aid intensity rate of 100% to the design, development, monitoring, evaluation and management of transparent systems for exchanging fishing opportunities between Member States ('quota swaps'), in order to mitigate the 'choke species' effect caused by the landing obligation.
Amendment 197 #
Proposal for a regulation
Recital 22
Recital 22
(22) It should be possible for the EMFF to support innovation and investments on board fishing vessels in order to improve health, safety and working conditions, energy efficiency and the quality of catches. Such support should, however, not lead to a risk of an increase of fishing capacity or ability to find fish and should not be granted simply for complying with requirements that are obligatory under Union or national law. Under the architecture with no prescriptive measures, it should be up to Member States to define the precise eligibility rules for those investments. With regard to health, safety and working conditions on board fishing vessels, a higher aid intensity rate than the one that applies to other operations should be allowed.
Amendment 202 #
Proposal for a regulation
Recital 23
Recital 23
(23) Fisheries control is of utmost importanceessential for the full implementation of the CFP. Therefore, the EMFF should support under shared management the development and implementation of a Union fisheries control system as specified in Council Regulation (EC) No 1224/2009 ('Control Regulation')8 . Certain obligations foreseen bypotentially included in the revision of the Control Regulation may justify a specific support from the EMFF, i.e. the compulsory vessel tracking and electronic reporting systems in the case of small-scale coastalfor more types of fishing vessels, the compulsory remote electronic monitoring systems and the compulsory continuous measurement and recording of propulsive engine power. In addition, investments by Member States in control assets could also be used for the purpose of maritime surveillance and cooperation on coastguard functions. _________________ 8 Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
Amendment 206 #
Proposal for a regulation
Article 23 – title
Article 23 – title
23 Sustainable Aquaculture
Amendment 210 #
Proposal for a regulation
Recital 26
Recital 26
(26) Given the challenges toIn order to contribute to ensuring the achievement of the conservation objectives of the CFP, it should in exceptional circumstances and under strict conditions be possible for the EMFF to support actions for the management of fisheries and fishing fleets. In this context, support for fleet adaptation remains sometimes necessary with regard to certain fleet segments and sea basins. Such support should be tightly targeted to the conservation and sustainable exploitation of marine biological resources and aimed to achieve balance between the fishing capacity and the available fishing opportunities. Therefore, in exceptional circumstances it should be possible for the EMFF to support the permanent cessation of fishing activities in fleet segments where the fishing capacity is not balanced with the available fishing opportunities. Such support should be a tool of theconditional to the revoking of the fishing licence and the development of a national action plans for the adjustment of fleet segments with identified structural overcapacity, as provided for in Article 22(4) of Regulation (EU) No 1380/2013, and should be implemented either through the scrapping of the fishing vessel or through its decommissioning and retrofitting for other activities. Where, without the retrofitting would leading to an increased pressure of recreational fishing on the marine ecosystem, support should only be granted if in line with the CFP and the objectives of the relevant multiannual plans. In order to ensure the consistency of fleet structural adaptation with conservation objectives, support for the permanent cessation of fishing activities should be strictly conditional and linked to the achievement of results identified in the national action plan and in the delegated acts of the European Commission, which should relate to the achievement of the conservation objectives of the CFP. It should therefore be implemented only by financing not linked to costs, as provided for in Regulation (EU) No [Regulation laying down Common Provisions]. Under that mechanism, Member States should not be reimbursed by the Commission for permanent cessation of fishing activities on the basis of real costs incurred but on the basis of the fulfilment of conditions and of the achievement of results. For this purpose, the Commission should establish in a delegated act such conditions, which should relate to the achievement of the conservation objectives of the CFP.
Amendment 212 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The EMFF may support actions contributing to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products as provided for in Article 35 of Regulation (EU) No 1380/2013 and further specified in Regulation (EU) No 1379/2013. It may also support actions promoting the marketing, the quality and the value added of fishery and sustainable aquaculture products.
Amendment 219 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In accordance with Article 90(4) of Regulation (EU) No [Regulation laying down Common Provisions], the Commission may interrupt the payment deadline for all or part of a payment application in the case of evidence of non- compliance by a Member State with the rules applicable under the CFP or relevant EU environmental law, if the non- compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested.
Amendment 220 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. In accordance with Article 91(3) of Regulation (EU) No [Regulation laying down Common Provisions], the Commission may adopt implementing acts suspending all or part of the interim payments under the programme in the case of serious non-compliance by a Member State with the rules applicable under the CFP or relevant environmental law, if the serious non-compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested.
Amendment 221 #
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) expenditure contained in a payment application is affected by cases of serious non-compliance with the rules of the CFP or relevant EU environmental law by the Member State which have resulted in the suspension of payment under Article 34 and the Member State concerned still fails to demonstrate that it has taken the necessary remedial action to ensure compliance with and the enforcement of applicable rules in the future.
Amendment 222 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The Commission shall decide on the amount of the correction taking into account the nature, gravity, duration and repetition of the serious non-compliance by the Member State or beneficiary with the rules of the CFP or relevant EU environmental law and the importance of the EMFF contribution to the economic activity of the beneficiary concerned.
Amendment 223 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Where it is not possible to quantify precisely the amount of expenditure linked to non-compliance with the rules of the CFP or relevant EU environmental law by the Member State, the Commission shall apply a flat rate or extrapolated financial correction in accordance with paragraph 4.
Amendment 235 #
Proposal for a regulation
Recital 28
Recital 28
(28) Small-scale coastal fishing is carried out by fishing vessels below 12 metres and not using towed fishing gears. That sector represents nearly 75% of all fishing vessels registered in the Union and nearly half of all employment in the fishery sector. Operators from small-scale coastal fisheries are particularly dependant on healthy fish stocks for their main source of income. The EMFF should therefore give them a preferential treatment through a 100% aid intensity rate, including for operations related to control and enforcement, with the aim of encouraging sustainable fishing practices in line with the CFP objectives. In addition, certain areas of support should be reserved for small-scale fishing in fleet segment where the fishing capacity is balanced with the available fishing opportunities, i.e. support for the acquisition of a second- hand vessel and for engine replacement or modernisation as well as for young fishermen. Furthermore, Member States should include in their programme an action plan for small-scale coastal fishing, which should be monitored on the basis of indicators for which milestones and targets should be set.
Amendment 259 #
Proposal for a regulation
Recital 31
Recital 31
(31) Fisheries and sustainable aquaculture contribute to food security and nutrition. However, the Union currently imports more than 60% of its supply of fishery products and is therefore highly dependent on third countries. An important challenge is to encourage the consumption of fish protein produced in the Union with high quality standards and available for consumers at affordable prices.
Amendment 270 #
Proposal for a regulation
Recital 32
Recital 32
(32) It should be possible for the EMFF to support the promotion and the sustainable development of aquaculture, including freshwater aquaculture, for the farming of aquatic animals and plants for the production of food and other raw material. Complex administrative procedures in some Member States remain in place, such as difficult access to space and burdensome licensing procedures, which make it difficult for the sector to improve the image and competitiveness of farmed products. Support should be consistent with the multiannual national strategic plans for aquaculture developed on the basis of Regulation (EU) No 1380/2013. In particular, support for environmental sustainability, productive investments, innovation, acquisition of professional skills, improvement of working conditions, compensatory measures providing critical land and nature management services should be eligible. Public health actions, aquaculture stock insurance schemes and animal health and welfare actions should also be eligible. However, in the case of productive investments support should mostly be provided only through financial instruments and through InvestEU, which offer a higher leverage on markets and are therefore more relevant than grants to address the financing challenges of the sector.
Amendment 272 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 280 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Considering the European Parliament Resolution from 4 of December 2008 on a 'European Cormorant Management Plan' and the Resolution from17 of June 2010 on a new impetus for the Strategy for the Sustainable Development of European Aquaculture, EMFF should support scientific research and data collection on the impact of migratory birds on the aquaculture sector and on the relevant EU fish stocks.
Amendment 281 #
Proposal for a regulation
Recital 33 b (new)
Recital 33 b (new)
(33b) Considering the need for a growing aquaculture sector and the important losses of fish stocks they are encountering due to migratory birds, EMFF should include certain compensations for these losses until a European Management plan is put in place
Amendment 287 #
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) Apart from the eligible measures already mentioned, other areas related to fisheries and aquaculture should be possible for the EMFF to support including the support for protective hunting or nuisance wildlife management of species that endanger sustainable levels of fish stocks, notably seals and cormorants
Amendment 288 #
Proposal for a regulation
Recital 34 b (new)
Recital 34 b (new)
(34b) Apart from the eligible measures already mentioned, other areas related to fisheries and aquaculture should be possible for the EMFF to support including the compensation for damage to catches caused by mammals and birds protected by EU legislation, notably seals and cormorants
Amendment 293 #
Proposal for a regulation
Recital 35
Recital 35
(35) Job creation in coastal regions and islands often relies on a locally driven development of a sustainable blue economy that revives the social fabric of those regions. Ocean industries and services are likely to outperform the growth of the global economy and make an important contribution to employment and growth by 2030. To be sustainable, blue growth depends on innovation and investment in new maritime businesses and in the bio- economy, including sustainable tourism models, ocean-based renewable energy, innovative high-end shipbuilding and new port service, which can create jobs and at the same time enhance local development. Whilst public investment in the sustainable blue economy should be mainstreamed throughout the Union budget, the EMFF should specifically concentrate on enabling conditions for the development of the sustainable blue economy and on removing bottlenecks to facilitate investment and the development of new markets and technologies or services. Support for the development of the sustainable blue economy should be delivered through shared, direct and indirect management.
Amendment 314 #
Proposal for a regulation
Recital 40
Recital 40
(40) As a global actor, the Union is strongly committed to promoting international ocean governance, in accordance with the Joint Communication to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 10 November 2016 entitled 'International Ocean Governance: and agenda for the future of our oceans'17 . The Union's ocean governance policy is a new policy that covers the oceans in an integrated manner. International ocean governance is not only core to achieve the 2030 Agenda for Sustainable Development, and in particular Sustainable Development Goal 14 ('Conserve and sustainably use the oceans, seas and marine resources for sustainable development'), but also to guarantee safe, secure, clean and sustainably managed seas and oceans for future generations. The Union needs to deliver on those international commitments and be a driving and leading force for better international ocean governance at bilateral, regional and multilateral levels, including to prevent, deter and eliminate illegal, unreported and unregulated fishing, to improve the international ocean governance framework, to reduce pressures on oceans and seas, to create the conditions for a sustainable blue economy and to strengthen international ocean research and data. _________________ 17 JOIN(2016) 49 JOIN(2016) 49
Amendment 360 #
Proposal for a regulation
Article 3 – paragraph 2 – point 14
Article 3 – paragraph 2 – point 14
(14) ‘small-scale coastal fishing’ means fishing carried out by fishing vessels of an overall length of less than 120 metres and not using towed gear as listed in Article 2(1) of Council Regulation (EC) No 1967/200626 ; _________________ 26 Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).
Amendment 439 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Any funding that is not spent under Articles 19 and 20 on control and data collection may be reallocated to the European Fisheries Control Agency
Amendment 444 #
Proposal for a regulation
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(a) EUR 65 000 000; or
Amendment 446 #
Proposal for a regulation
Article 6 – paragraph 5 – point b
Article 6 – paragraph 5 – point b
(b) 108% of the Union financial support allocated per Member State.
Amendment 452 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The part of the financial envelope under direct and indirect management as specified in Title III shall be EUR 829 000 00020 % of the total budget of the EMFF in current prices.
Amendment 489 #
Proposal for a regulation
Article 9 – paragraph 6 – point e
Article 9 – paragraph 6 – point e
(e) the most recent evidence on the balance between the environmental priorities and the socio-economic performance of the sustainable blue economy, and in particular the fishery and aquaculture sector;
Amendment 506 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) has committed serious infringements under Article 42 of Council Regulation (EC) No 1005/200828 or Article 90 of Council Regulation (EC) No 1224/2009 or under other legislation adopted by the European Parliament and by the Council; _________________ 28 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).
Amendment 512 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The beneficiary, after submitting the application, shall continue to comply with the admissibility conditions referred to in paragraph 1 throughout the period of implementation of the operation and for a period of fivesix years after the final payment to that beneficiary.
Amendment 516 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) the identification of the threshold triggering and the length of period of time of inadmissibility referred to in paragraphs 1 and 3, which shall be proportionate to the nature, gravity, duration and repetition of the serious infringements, offences or fraud, and shall be of at least one year’s duration;
Amendment 522 #
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5 a. Member States may apply the inadmissibility period also to applications submitted by the fishers in inland waters, who have committed serious infringements as defined by national rules
Amendment 523 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Eligible operations A variety of operations identified by the Member States in their programmes may be supported by the EMFF, provided that they are covered by one or more of the priorities identified in this Regulation and is not among those deemed as ineligible
Amendment 530 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) operations that may lead to an increase the fishing capacity of a fishing vessel or support the acquisition of equipment that increases the ability of a fishing vessel to find fish;
Amendment 559 #
Proposal for a regulation
Article 13 – paragraph 1 – point h a (new)
Article 13 – paragraph 1 – point h a (new)
(ha) Notwithstanding point (h), such operations may be provided for in small, unmanned ports in remote areas, notably on remote islands
Amendment 592 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Support under this Chapter shall contribute to the achievement of the environmental, economic, social and employment objectives of the CFP, aobjectives set out in Article 2 of Regulation (EU) No 1380/2013, notably paragraph 2 thereof.
Amendment 648 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The vessels referred to in paragraph 1 shall be equipped for sea fishing and be between 5 and 30 years old.
Amendment 661 #
Proposal for a regulation
Article 16 – paragraph 3 – point c
Article 16 – paragraph 3 – point c
(c) the engine power of the fishing vessel shall have been physically inspected by the Member State to ensure that it does not exceed the engine power stated in the fishing license, if the vessel is over 10 meters of length.
Amendment 670 #
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Ifn exceptional cases, the support referred to in paragraph 1 ismay be granted through the compensation for the permanent cessation of fishing activities, provided that the following conditions shallare be complied with:
Amendment 671 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) the cessation is foreseen as a tool of an action plan to reduce fleet capacity referred to in Article 22(4) of Regulation (EU) No 1380/2013;
Amendment 673 #
Proposal for a regulation
Article 17 – paragraph 2 – point a a (new)
Article 17 – paragraph 2 – point a a (new)
(aa) the cessation leads to a total decrease in the fishing capacity as the money received is not re-invested in the sector
Amendment 732 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the commercial activities of the vessel concerned are stopped during at least 9120 consecutive days; and
Amendment 749 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – point a
Article 18 – paragraph 3 – subparagraph 1 – point a
(a) owners of fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 120 days in eachat least two of the last three calendar years preceding the year of submission of the application for support; or
Amendment 763 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
The reference to the number of days at sea in this paragraph shall not apply to eel fisheries and vessels under 10 meters.
Amendment 802 #
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. The support referred to in paragraph 1 may in particular cover:
Amendment 814 #
Proposal for a regulation
Article 22 – paragraph 2 – point b a (new)
Article 22 – paragraph 2 – point b a (new)
(b a) protecting gear and catches from mammals and birds protected by Directives 92/43/EEC or 2009/147/EC, provided that it does not undermine the selectivity of the fishing gear.
Amendment 821 #
Proposal for a regulation
Article 22 – paragraph 2 – point f a (new)
Article 22 – paragraph 2 – point f a (new)
(f a) Schemes for compensation for damage to catches caused by mammals and birds protected by Directives 92/43/EEC and 2009/147/EC
Amendment 825 #
Proposal for a regulation
Article 22 – paragraph 2 – point f b (new)
Article 22 – paragraph 2 – point f b (new)
(f b) Support for protective hunting or nuisance wildlife management of species that endanger sustainable levels of fish stocks
Amendment 839 #
Proposal for a regulation
Article 23 – title
Article 23 – title
23 Sustainable Aquaculture
Amendment 844 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The EMFF may support the promotion of a sustainable aquaculture, including aquaculture with closed water recirculating systems; as provided for in Article 34(1) of Regulation (EU) No 1380/2013. It may also support animal health and welfare in aquaculture in accordance with Regulation (EU) No 2016/429 of the European Parliament and of the Council32 and Regulation (EU) No 652/2014 of the European Parliament and of the Council33 . _________________ 32 Regulation (EU) No 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health ('Animal Health Law') (OJ L 84, 31.03.2016, p. 1). 33 Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.06.2014, p. 1).
Amendment 852 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Productive sustainable aquaculture investments under this Article may onlyin particular be supported through the financial instruments provided for in Article 52 of Regulation (EU) No [Regulation laying down Common Provisions] and through InvestEU, in accordance Article 10 of that Regulation but may also be supported by grants.
Amendment 867 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The EMFF may support actions contributing to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products as provided for in Article 35 of Regulation (EU) No 1380/2013 and further specified in Regulation (EU) No 1379/2013. It may also support actions promoting the marketing, the quality and the value added of fishery and sustainable aquaculture products.
Amendment 927 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In accordance with Article 90(4) of Regulation (EU) No [Regulation laying down Common Provisions], the Commission may interrupt the payment deadline for all or part of a payment application in the case of evidence of non- compliance by a Member State with the rules applicable under the CFP or relevant EU environmental law, if the non- compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested.
Amendment 929 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. In accordance with Article 91(3) of Regulation (EU) No [Regulation laying down Common Provisions], the Commission may adopt implementing acts suspending all or part of the interim payments under the programme in the case of serious non-compliance by a Member State with the rules applicable under the CFP or relevant EU environmental law, if the serious non-compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested.
Amendment 931 #
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) expenditure contained in a payment application is affected by cases of serious non-compliance with the rules of the CFP or relevant EU environmental law by the Member State which have resulted in the suspension of payment under Article 34 and the Member State concerned still fails to demonstrate that it has taken the necessary remedial action to ensure compliance with and the enforcement of applicable rules in the future.
Amendment 932 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The Commission shall decide on the amount of the correction taking into account the nature, gravity, duration and repetition of the serious non-compliance by the Member State or beneficiary with the rules of the CFP or relevant EU environmental law and the importance of the EMFF contribution to the economic activity of the beneficiary concerned.
Amendment 934 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Where it is not possible to quantify precisely the amount of expenditure linked to non-compliance with the rules of the CFP or relevant EU environmental law by the Member State, the Commission shall apply a flat rate or extrapolated financial correction in accordance with paragraph 4.
Amendment 940 #
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Each Member State shall publish the report referred to in paragraph 1 in both the original language and in one of the working languages of the European Commission.
Amendment 941 #
Proposal for a regulation
Article 38 – paragraph 3 b (new)
Article 38 – paragraph 3 b (new)
3b. The report referred to in paragraph 1 shall be routinely published on the website of the European Commission.
Amendment 942 #
Proposal for a regulation
Article 38 – paragraph 3 c (new)
Article 38 – paragraph 3 c (new)
3c. Each Member State and the Commission shall publish reports on best practices on their respective websites.
Amendment 944 #
Proposal for a regulation
Article 38 – paragraph 4 a (new)
Article 38 – paragraph 4 a (new)
4a. The Commission shall publish all relevant documents related to the adoption of the implementing acts referred to in paragraph 7.