Activities of Liadh NÍ RIADA related to 2016/0074(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 1224/2009 and Regulations (EU) No 1343/2011 and (EU) No 1380/2013 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 PDF (1 MB) DOC (356 KB)
Amendments (29)
Amendment 230 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Despite islands also being recognised as part of the guiding principles of the CFP as set out under Regulation (EU) No 1380/2013 of the European Parliament and of the Council17a, national agencies have not adopted the required measures to date. Emphasizes that island specific measures are written into all EU programmes and legislation relating to technical measures, fisheries and the marine, in consultation with island stakeholders. _________________ 17a OJ L354, 28.12.2013, p.22.
Amendment 234 #
Proposal for a regulation
Recital 4
Recital 4
(4) The framework should cover the taking and landing of fisheries resources as well as the operation of fishing gears and the interaction of fishing activities with marine ecosystems and also take into account socio-economic dynamics.
Amendment 237 #
Proposal for a regulation
Recital 6
Recital 6
(6) Technical measures where relevant should apply to recreational fisheries which can have a significant impact on the marine environment, stocks of fish and shellfishother species.
Amendment 240 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Technical measures where relevant should also apply to certain aquacultural activities, such as mechanical harvesting of kelp and seaweed, which can have a significant impact on the marine and coastal environment, stocks of fish and other species.
Amendment 244 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The enforcement and implementation of technical measures, operational programmes and where relevant, the issuing of licenses, restrictions on the construction and operation of vessels and certain gears, should not be prejudicial to achieving better health and safety standards for vessels conducting fishing operations and fishing activities.
Amendment 246 #
Proposal for a regulation
Recital 8
Recital 8
(8) Technical measures should specifically provide protection for juveniles and spawning aggregations of fish through the use of selective fishing gears and avoidance measures. Technical measures should also minimise and eliminate where possible, the impacts of fishing gears on the marine ecosystem and in particular on sensitive species and habitats. Incentives and rewards should be granted to encourage fishers to use gears and practices which have low impact on the environment. They should also contribute to having in place management measures for the purposes of complying with obligations under Council Directive 92/43/EEC19 , Directive 2009/147/EC of the European Parliament and of the Council20 and Directive 2008/56/EC. _________________ 19 Council 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. 20 Directive 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..
Amendment 257 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Member States should make the broadest possible use of the available measures in Regulation (EU) 508/2014 to support fishermen in implementing technical measures and ensure that the socio-economic objectives of the Common Fisheries Policy are taken into account.
Amendment 260 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) In the absence of scientific advice and evidence, including environmental impact assessments, of sustainability and a nondetrimental impact on species, non- targeted species and the habitats concerned, certain destructive fishing gears or methods, including aquacultural and algacultural mechanical gears and methods, such as explosives, poisons, stupefying substances, electricity, pneumatic hammers or other percussive instruments; towed devices and grabs for harvesting red coral or other type of corals and other species and certain spear-guns, should be prohibited.
Amendment 267 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to provide continued protection for sensitive marine habitats located off the coasts of Ireland, the United Kingdom and around the Azores, Madeira and the Canary Islands existing restrictions on the use of demersalcertain fishing gears should be maintained unless conclusive scientific evidence and advice suggests otherwise.
Amendment 274 #
Proposal for a regulation
Recital 25
Recital 25
(25) Member States in conjunction withlose cooperation with relevant Advisory Councils and stakeholders can develop joint recommendations for appropriate technical measures that deviate from the baselines in accordance with the regionalisation process set out in the CFP.
Amendment 280 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Stresses the need for a framework for the establishment of co-managed areas within each countries six-mile territorial limit (including baseline) to allow the establishment of sustainable inshore fisheries management areas. Emphasises that close cooperation between fishers, fishery managers, academics and agencies along with the use of new technologies will be essential for success.
Amendment 284 #
Proposal for a regulation
Recital 29
Recital 29
(29) In developing joint recommendations to amend or establish new closed or restricted areas in multiannual plans to protect juveniles and spawning aggregations, regional groups of Member States should define the specifications, extent, duration, gear restrictions, exemptions where appropriate, and control and monitoring arrangements in their joint recommendations.
Amendment 288 #
Proposal for a regulation
Recital 31
Recital 31
(31) The creation of real-time closures in conjunction with moving-on provisions as an additional measure for the protection of juveniles or spawning aggregations should be allowed as an option to be developed under joint recommendations. The conditions for the establishment and lifting of such areas, including exemptions where appropriate, as well as the control and monitoring arrangements should be defined in the relevant joint recommendations.
Amendment 291 #
Proposal for a regulation
Recital 32
Recital 32
(32) On the basis of scientific assessment of the impacts of innovative gears, duly evaluated by the STECF, including for the risks of occurrence of bad practices that lead to unselective fishing and suggesting the means to prevent them, the use of such or extension to the use of novel gears, such as the electric pulse trawl could be included as an option in joint recommendations from regional groups of Member States. The use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative impacts on sensitive habitats and non- target species.
Amendment 295 #
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 and freezer factory vessels, otherwise known as super-trawlers, or even the introduction of a total prohibition on their use in that region to safeguard the marine environment, local fish stocks and the local coastal communities concerned. 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 296 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to minimise 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. Appropriate level of consultations with directly concerned fishers should be ensured.
Amendment 303 #
(37) Where available scientific advice indicates that immediate action is required to protect marine species, the Commission should be ablesubject to a transitional period and consultations with the Member States and stakeholders concerned, the Commission can in duly justified cases to adopt immediately applicable delegated acts establishing technical measures to alleviate such threats, in addition to or by way of derogation to this Regulation or technical measures otherwise fixed in accordance with Union law. Those measures should be designed in particular to address unexpected changes in stock patterns as a result of high or low levels of recruitment of juveniles into a stock, to provide protection for spawning fish or shellfish when stocks are at very low levels or other changes in the conservation status of fish stocks which may threaten the status of a stock. They could include restrictions on the use of towed or static gears or on fishing activities in certain areas or during certain periods.
Amendment 306 #
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 and other species 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; 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. 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 308 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) As at present the United Kingdom currently shares its waters with the European Union, particularly Ireland, the United Kingdom’s exit from the European Union will mean the waters and shared- management of stocks concerned will require a multi-lateral approach and close cooperation between Ireland, United Kingdom and the European Union. To that end encourages the European Commission to engage with the governments of Ireland and the United Kingdom on future regulation and agreements that will affect both waters and fleets as Ireland must not bear the brunt of Member State and Third Country fleets displaced from UK waters.
Amendment 327 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) ensure, including using appropriate incentives and rewards, that the environmental impacts of fishing on marine habitats are minimised and where possible eliminated such that they do not represent a threat to the conservation status of those habitats;
Amendment 362 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Socio-economic objectives In order to take into account the socio- economic objectives of Article 2 (5)( c),( f) and (i) of Regulation (EU) No 1380/2013,when adopting and implementing technical and conservation measures, Member State shall make extensive use of the measures in Articles 38, 39 and 40 of Regulation (EU) N°508/2014.
Amendment 471 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the best available scientific advice recommends an amendment of the list of areas in Annex II, including the addition of new areas, the Commission shall be empowered to adopt such amendments by means of delegated acts, pursuant to the procedure laid down in Article 11(2) and 11(3) of Regulation (EU) 1380/2013. When adopting such amendments, the Commission shall provide a full mapping of the vulnerable area and give particular attention to the mitigation of negative effects of the displacement of fishing activity to other sensitive areas.
Amendment 499 #
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, in close cooperation with relevant Advisory Councils, Member States may submit joint recommendations defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1.
Amendment 512 #
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 including through the allocation of fishing opportunities and using the support foreseen in Article 4a.
Amendment 533 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
In the case where only one Member State is affected by any such provisions, based on the best available scientific data, alleviating measures shall be provided.
Amendment 536 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. When Member States submit joint recommendations in accordance with Article 19 to allow for the use or extend the use of innovative fishing gears including the pulse trawl as described in Part E of Annex V within a specific sea basin, they shall provide an prior-assessment and post- assessment ofn the likely impacts of using such gears on the targeted and non-targeted species and on sensitive species and habitats.
Amendment 538 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Those assessments shall be evaluated by the STECF, including for the risks of occurrence of bad practices that lead to unselective fishing and suggesting the means to prevent them.
Amendment 549 #
Proposal for a regulation
Article 25 – paragraph 1 – indent 4 a (new)
Article 25 – paragraph 1 – indent 4 a (new)
- specify the measures to address the social and economic impact on parties concerned conducting fishing activities and operations where it is foreseen that there will be a total prohibition on the use of certain fishing gears within a region.
Amendment 551 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
Member States shall ensure that the fishers directly concerned by these measures are appropriately consulted.