43 Amendments of António MARINHO E PINTO related to 2017/0043(COD)
Amendment 58 #
Proposal for a regulation
Recital 1
Recital 1
(1) The common fisheries policy (CFP) should contribute to the protection of the marine environment, to the sustainable management of all commercially exploited species, and in particular to the achievement of good environmental status in the marine environment by 2020 in accordance with Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council.40, and favourable conservation status for species and habitats in accordance with Council Directive 92/43/EEC40a and Directive 2009/147/EC of the European Parliament and of the Council40b. _________________ 40 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 (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19). 40aCouncil Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 40bDirective 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
Amendment 60 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 67 #
Proposal for a regulation
Recital 6
Recital 6
(6) To achieve the objectives of the CFP, a number of conservation measures are to be adopted as appropriate in any combination thereof, such as multi-annual plans, technical measures, fixing and allocation of fishing opportunities in full accordance with the best available scientific advice.
Amendment 74 #
Proposal for a regulation
Recital 7
Recital 7
(7) Pursuant to Articles 9 and 10 of Regulation (EU) No 1380/2013, multiannual plans are to be based on scientific, technical and economic advice and contain objectives, quantifiable targets with clear timeframes, conservation reference points, conservation and technical measures for the maximum possible avoidance of and reduction of unwanted catches, and safeguards.
Amendment 76 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Additionally, the Commission may be empowered to establish fish stock recovery areas in a multi-annual plan pursuant to Article 8(3) of Regulation (EU) No 1380/2013
Amendment 78 #
Proposal for a regulation
Recital 8
Recital 8
(8) The objective of the multiannual plan should be to contribute to achievinge the objectives of the CFP, and especially reachstoring and maintaining MSY for the stocks concernedabove levels of biomass capable of producing MSY for all populations of fish stocks, implementing the landing obligation, achieving a sustainable fisheries sector and providing an effective management framework.
Amendment 81 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In accordance with Article 2(2) of Regulation (EU) No 1380/2013, the maximum sustainable yield exploitation rate is to be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks.
Amendment 85 #
Proposal for a regulation
Recital 11
Recital 11
(11) Article 16(4) of Regulation (EU) No 1380/2013 requires that fishing opportunities be fixed in accordance with the objectives set out in Article 2(2) thereof and comply with the targets, time frames and margins the targets set out in the multiannual plans.
Amendment 88 #
Proposal for a regulation
Recital 12
Recital 12
(12) It is appropriate to establish the target fishing mortality (F) that corresponds to the objective of reaching and maintaining MSY as ranges of values which are consistent with achieving maximum sustainable yield (FMSY). Those ranges, based on scientific advice, are necessary in order to provide flexibility to take account of developments in the best available scientific advice, to contribute to the implementation of the landing obligation and to take into account the characteristics of mixed fisheries. The FMSY ranges have been calculated by the Scientific, Technical and Economic Committee for Fisheries (STECF) and are derived to deliver no more than a 5 % reduction in long-term yield compared to MSY.45 In addition, the upper limit of the range is capped, so that the probability of the stock falling below Blim is no more than 5 %. _________________ 45 Scientific, Technical and Economic Committee for Fisheries (STECF) – Small pelagic stocks in the Adriatic Sea. Mediterranean assessments part 1 (STECF- 15-14). 2015. [Publications Office of the European Union, Luxembourg, EUR 27492 EN, JRC 97707, 52 pp.] [The second part of this reference seems to be mistaken. OPOCE, please check.]
Amendment 92 #
Proposal for a regulation
Recital 14
Recital 14
(14) Where the targets relating to MSY are not available, the precautionary approach should apply in order to guarantee a degree of conservation at least comparable to exploitation rates with the maximum sustainable yield, as set out in Article 9(2) of Regulation (EU) No 1380/2013.
Amendment 93 #
Proposal for a regulation
Recital 15
Recital 15
(15) For stocks for which they are available and for the purpose of the application of safeguard measures, it is necessary to establish conservation reference points expressed as MSY Btrigger and Blim for anchovy and sardine stocks following best available scientific advice. Should the stocks fall below MSY Btrigger, fishing mortality should be reduced below FMSY Flower.
Amendment 95 #
Proposal for a regulation
Recital 16
Recital 16
(16) Further safeguard measures should urgently be implemented in case the stock size falls below the Blim reference point. Safeguard measures should include the reduction of fishing opportunities and specific conservation measures when best available scientific advice indicates that a stock is under threat. Those measures should be supplemented by other measures, as appropriate, such as Commission measures in accordance with Article 12 of Regulation (EU) No 1380/2013 or Member States measures in accordance with Article 13 of Regulation (EU) No 1380/2013.
Amendment 97 #
Proposal for a regulation
Recital 17
Recital 17
(17) For stocks where the reference points are not available, the precautionary principle should apply. In the specific case of stocks taken as by-catches, in the absence of scientific advice in order to ensure, for all stocks, at least a comparable degree of conservation onf the relevels of minimum spawning biomass of such stocks, specific conservation measures should be adopted when scientific advant stocks, as set out in Article indicates that remedial measures are needed9(2) of Regulation (EU) No 1380/2013.
Amendment 99 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to enablsure the implementation of and full compliance with the landing obligation established by Article 15(1) of Regulation (EU) No 1380/2013, the plan should provide for additional management measures and other conservation measures, in particular measures to gradually eliminate discards or to minimise the negative impact of fishing on the ecosystem, taking into account the best available scientific advice. Such measures should be laid down by means of delegated acts.
Amendment 101 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) When scientific advice indicates that recreational fisheries have a significant impact on the fishing mortality of a particular stock, the Council should take them into account. To that effect the Council should be able to set a TAC for commercial catches which takes into account the volume of recreational catches and/or to adopt other measures restricting recreational fisheries such as bag limits and closure periods.
Amendment 114 #
Proposal for a regulation
Recital 26
Recital 26
(26) In accordance with Article 10(3) of Regulation (EU) No 1380/2013, provisions should be established for the periodical assessment by the Commission of the adequacy and effectiveness of the application of this Regulation. Such assessment should follow and be based on a periodic evaluation of the plan that is based on scientific advice. The plan should be evaluated three years after the entry into force of this Regulation and every five years thereafter. This period allows for the full implementation of the landing obligation, and for regionalised measures to be adopted, implemented and to show effects on the stocks and fishery. It is also a minimum required period by scientific bodies.
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to the stocks of anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea (“the stocks concerned”) and for the fisheries exploiting these stocks. It shall apply also to all by-catches of mackerel (Scomber spp.) and horse mackerel (Trachurus spp.) in the Adriatic Sea caught when fishing for either or both of the stocks concerned.
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) ‘Best available scientific advice’ refers to publicly available scientific advice that is supported by the most up-to- date scientific data and methods and has either been issued or reviewed by an independent scientific body that is recognised by the Union.
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 2 – point a b (new)
Article 2 – paragraph 2 – point a b (new)
(ab) ‘B-lim’ means the stock size reference point below which there may be reduced reproductive capacity;
Amendment 128 #
Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)
Article 2 – paragraph 2 – point d a (new)
(da) ‘MSY F lower’ means the lowest value within the range of FMSY
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 2 – point d b (new)
Article 2 – paragraph 2 – point d b (new)
(db) ‘MSY F upper’ means the highest value within the range of FMSY;
Amendment 133 #
Proposal for a regulation
Article 2 – paragraph 2 – point d c (new)
Article 2 – paragraph 2 – point d c (new)
(dc) ‘FMSY’ means the value of the estimated fishing mortality that with a given fishing pattern and current environmental conditions gives the long- term maximum yield;
Amendment 140 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The multiannual plan shall contribute to the achievement of the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce MSY. The maximum sustainable yield exploitation rate shall be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks, and shall be maintained thereafter.
Amendment 147 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The multiannual plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem, particularly threatened habitats and protected species including marine mammals and seabirds are minimised. It shall be coherent with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC.
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. Measures in the plan shall be taken in line with the best available scientific advice in accordance with Article 2(2)(aa) of this Regulation. At the latest, they shall be made publicly available by the time at which these measures are proposed by the Commission in accordance with Article 16 of Regulation (EU) No 1380/2013.
Amendment 151 #
Proposal for a regulation
Article 3 – paragraph 5 b (new)
Article 3 – paragraph 5 b (new)
5b. Where there is insufficient data, the targets shall guarantee that the relevant stocks will be preserved at a level which is at least comparable with the targets for the maximum sustainable yield.
Amendment 155 #
1. The target fishing mortality shall be achieved as soon as possible and on a progressive, incremental basis, by 2020 for the stocks concerned, and it shall be maintained thereafter within the ranges set out in Annex I andof FMSY in line with the objectives laid down in Article 3(1).
Amendment 158 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Fishing opportunities shall comply with the target fishing mortality ranges set out in Annex I, column A to this Regulationfrom MSY Flower to FMSY.
Amendment 161 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Notwithstanding paragraphs 1 and 2, fishing opportunities may be fixed at levels corresponding to lower levels of fishing mortality than those set out in Annex I, column Aparagraph 2.
Amendment 164 #
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. Notwithstanding paragraphs 2 and 3, fishing opportunities for a stock may be fixed in accordance with the fishing mortality ranges set out in Annex I, column Bup to MSY Fupper, provided that the stock concerned is above the minimum spawning biomass reference point set out in Annex II, column AMSY Btrigger:
Amendment 165 #
Proposal for a regulation
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) if, on the basis of best available scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in the case of mixed fisheries,
Amendment 166 #
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) if, on the basis of best available scientific advice or evidence, it is necessary to avoid serious harm to a stock caused by intra- or inter- species stock dynamics, or
Amendment 167 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. When scientific advice indicates that recreational fisheries have a significant impact on the fishing mortality of a particular stock, the Council shall take them into account and may limit recreational fisheries when setting fishing opportunities in order to avoid exceeding the total target of fishing mortality.
Amendment 177 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The conservation reference points expressed as minimum and limit spawning stock biomass levels to be applied in order to safeguard the full reproductive capacity of the stocks concerned are set out in Annex IIdefined as MSY Btrigger and Blim.
Amendment 183 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. When scientific advice indicates that the spawning stock biomass of either of the stocks concerned is below the minimum spawning stock biomass reference point set out in Annex II, column A to this RegulationMSY Btrigger, all appropriate remedial measures shall be adopted to ensure the rapid return of the stock concerned to levels above those capable of producing MSY. In particular, by way of derogation from Article 4(2) and 4(4) of this Regulation, fishing opportunities for the stocks concerned shall be fixed at a level consistent with a fishing mortality that is reduced below the range set out in Annex I, column A to this RegulationMSY Flower, taking into account the decrease in biomass of that stock.
Amendment 186 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. When the best available scientific advice indicates that the spawning stock biomass of either of the stocks concerned is below the limit spawning stock biomass reference point (Blim) as set out in Annex II, column B to this Regulation, further remedial measures shall be taken to ensure the rapid return of the stock concerned to levels above the level capable of producing MSY. In particular, those remedial measures may include, by way of derogation from Article 4, paragraphs 2 and 4, suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities.
Amendment 193 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
When the best available scientific advice indicates that remedial action is required for the conservation of the small pelagic stocks referred to in Article 1(2) of this Regulation, or, in the case of anchovy and sardine, when the spawning biomass of either of these stocks for a given year is below the MSY Btrigger conservation reference points set out in Annex II, column A to this Regulation, the Commission is empowered to adopt delegated acts in accordance with Article 16 of this Regulation and Article 18 of Regulation (EU) No1380/2013 regarding:
Amendment 208 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) exemptions from the application of the landing obligation for species for which beast available scientific evidenadvice demonstrates high survival rates, taking into account the characteristics of the gear, the fishing practices and the ecosystem, to facilitate the implementation of the landing obligation; and
Amendment 209 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) specific provisions on documentation of catches, in particular for the purpose of monitoring the implementation ofand controlling in order to ensure a level playing field by ensuring full compliance with the landing obligation; and
Amendment 211 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Technical measures 1. The Commission is empowered to adopt delegated acts in accordance with Article 15 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 regarding the following technical measures: (a) specifications of characteristics of fishing gears and rules governing their use, to ensure selectivity, to reduce unwanted catches or to minimise, and when possible eliminate, the negative impact on the marine environment; (b) specifications of modifications or additional devices to the fishing gears, to ensure or improve selectivity, to reduce unwanted catches or to minimise, and when possible eliminate, the negative impact on the marine environment; (c) limitations or prohibitions on the use of certain fishing gears and on fishing activities, in certain areas or periods to protect spawning fish, fish below the minimum conservation reference size or non-target fish species, or to minimise, and when possible eliminate, the negative impact on the ecosystem; and (d) the fixing of minimum conservation reference sizes for any of the stocks to which this Regulation applies, to ensure the protection of juveniles of marine organisms. 2. The measures referred to in paragraph 1 of this Article shall contribute to the achievement of the objectives set out in Article 3.
Amendment 227 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 236 #
Proposal for a regulation
Annex I
Annex I
Amendment 238 #
Proposal for a regulation
Annex II
Annex II