Activities of Notis MARIAS related to 2015/0289(COD)
Plenary speeches (2)
Sustainable management of external fishing fleets (debate) EL
Sustainable management of external fishing fleets (debate) EL
Amendments (17)
Amendment 14 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Union is a contracting party to the United Nations Conventions on the Law of the Sea of 10 December 1982 (UNCLOS)16 and has ratified the 1995 United Nations Agreement on the Implementation of the provisions of the United Nations Convention on the Law of the Sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 August 1995 (UN Fish Stock Agreement)17. These international provisions set out the principle that all states have to adopt appropriate measures to ensure the sustainable management of marine resources and the conservation of marine diversity and to cooperate with each other to this end. __________________ 16 Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1). 17 Council Decision 98/414/EC of 8 June 1998 on the ratification by the European Community of the Agreement for the implementing of the provisions of the United Nations Convention of the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 14).
Amendment 15 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Union has endorsed the FAO International Plan of Action to prevent, deter and eliminate illegal, unreported and undeclared fishing (IPOA-IUU) adopted in 2001. The IPOA-IUU and the FAO Voluntary Guidelines for flag state performance endorsed in 2014 underlie the responsibility of the flag State to ensure the long-term conservation and sustainable usetilisation of living marine resources and marine ecosystems. The IPOA-IUU provides that a flag State should issue authorisations to fish in waters outside its sovereignty or jurisdiction to vessels flying its flag. The Voluntary Guidelines also recommend an authorisation be given by the flag State and by the coastal state when the fishing activities take place under a fisheries access agreement or even outside such an agreement. They should both be satisfied that such activities will not undermine the sustainability of the stocks in the coastal state’s waters (paragraphs 40 and 41).
Amendment 19 #
Proposal for a regulation
Recital 5
Recital 5
(5) The issue of the obligations and concomitant responsibilities and liabilities of the flag State and, where appropriate, the flag international organisation, for the conservation and management of the living resources of the high seas under UNCLOS has increasingly come into focus at international level. This has also been the case, under the heading of a due diligence obligation flowing from UNCLOS, for concurrent coastal State jurisdiction and flag State jurisdiction and, as appropriate, flag international organisation jurisdiction, to secure sound conservation of marine biological resources within sea areas under national jurisdiction. A due diligence obligation is an obligation for a State to exercise best possible efforts and to do the utmost to prevent illegal fishing, which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag, its nationals, or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures. For these reasons and, more generally, to strengthen the blue economy, it is important to organise both the activities of Union fishing vessels outside Union waters as well as the governance system pertaining thereto in such a manner that the Union's international obligations can be efficiently and effectively discharged and that situations where the Union might be reproached for internationally wrongful acts are avoided.
Amendment 21 #
Proposal for a regulation
Recital 7
Recital 7
(7) The objective of the Common Fisheries Policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council (the ‘Basic Regulation’)20, is to ensure that fishing activities are environmentally, economically and socially sustainable and are managed consistently with the objectives of achieving economic, social and employment benefits, and that they are contributing to the availability of food supplies. However, outside this framework, the CFP is also intended to uphold the interests of European fishermen, in particular Greek fishermen most affected by the agricultural provisions of the Troika Memorandum. __________________ 20 Regulation (EU) no 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy (OJ L 354, 28.12.2013, p. 22).
Amendment 29 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 50 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Union is a contracting party to the United Nations Conventions on the Law of the Sea of 10 December 198216 (UNCLOS) and has ratified the 1995 United Nations Agreement on the Implementation of the provisions of the United Nations Convention on the Law of the Sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 August 1995 (UN Fish Stock Agreement)17 . These international provisions set out the principle that all states have to adopt appropriate measures to ensure the, through an international, legally binding instrument, the preservation and sustainable management of marine resources and to cooperate with each other to this end. __________________ 16 Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1). 17 Council Decision 98/414/EC of 8 June 1998 on the ratification by the European Community of the Agreement for the implementing of the provisions of the United Nations Convention of the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 14).
Amendment 51 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Union has accepted the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas of 24 November 1993 of the Food and Agriculture Organisation of the United Nations (FAO Compliance Agreement)18 . This agreement stipulates that a contracting party is to abstain from granting authorisation to use a vessel for fishing on the high seas if certainthe essential conditions are not met, as well as implement sanctions if certainthe reporting obligations are not fulfilled. __________________ 18 Council Decision 96/428/EC of 25 June 1996 on acceptance by the Community of the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas (OJ L 177/26, 16.7.1996, p. 24).
Amendment 52 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Union has endorsed the FAO International Plan of Action to prevent, deter and eliminate illegal, unreported and undeclared fishing (IPOA-IUU) adopted in 2001. The IPOA-IUU and the FAO Voluntary Guidelines for flag state performance endorsed in 2014 underlie the responsibility of the flag State to ensure the long-term conservation and sustainable use of living marine resources and marine ecosystems in order to better manage the oceans and protect marine biodiversity. The IPOA-IUU provides that a flag State should issue authorisations to fish in waters outside its sovereignty or jurisdiction to vessels flying its flag. The Voluntary Guidelines also recommend an authorisation be given by the flag State and by the coastal state when the fishing activities take place under a fisheries access agreement or even outside such an agreement. They should both be satisfied that such activities will not undermine the sustainability of the stocks in the coastal state’s waters (paragraphs 40 and 41).
Amendment 54 #
Proposal for a regulation
Recital 5
Recital 5
(5) The issue of the obligations and concomitant responsibilities and liabilities of the flag State and, where appropriate, the flag international organisation, for the conservation and management of the living resources of the high seas and more generally the preservation of marine biodiversity under UNCLOS has increasingly come into focus at international level. This has also been the case, under the heading of a due diligence obligation flowing from UNCLOS, for concurrent coastal State jurisdiction and flag State jurisdiction and, as appropriate, flag international organisation jurisdiction, to secure sound conservation of marine biological resources within sea areas under national jurisdiction. A due diligence obligation is an obligation for a State to exercise best possible efforts and to do the utmost to prevent illegal fishing, which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag, its nationals, or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures. For these reasons, it is important to organise both the activities of Union fishing vessels outside Union waters as well as the governance system pertaining thereto in such a manner that the Union's international obligations can be efficiently and effectively discharged and that situations where the Union might be reproached for internationally wrongful acts are avoided.
Amendment 56 #
Proposal for a regulation
Recital 6
Recital 6
(6) The outcomes of the 2012 United Nations Conference on Sustainable Development ‘Rio +20’19 as well as the international developments regarding the fight against illegal wildlife trade should be reflected into the Union's external fisheries policy in order to combat illegal and unreported fishing. __________________ 19 United Nations General Assembly Resolution A/Res/66/288 of 27 July 2012 on the outcome of the Rio +20 Conference, entitled "The Future We Want".
Amendment 58 #
Proposal for a regulation
Recital 7
Recital 7
(7) The objective of the Common Fisheries Policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council (the ‘Basic Regulation’)20, is to ensure that fishing activities are environmentally, economically and socially sustainable and are managed consistently with the objectives of achieving economic, social and employment benefits, and that they are contributing to the availability of food supplies. At the same time, the Common Fisheries Policy should aim to create a dynamic fisheries sector and ensure a high standard of living for communities living from fishing, especially in the Mediterranean Sea. __________________ 20 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013on the Common Fisheries Policy (OJ L 354, 28.12.2013, p. 22).
Amendment 60 #
Proposal for a regulation
Recital 8
Recital 8
(8) Regulation (EU) No 1380/2013 stresses the need to promote internationally the objectives of the CFP internationally,- which, inter alia, includes fishing activities carried out in EU networks, as well as those carried out outside Union waters by EU fishing vessels - ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law, while promoting a level playing field for Union operators and third-country operators.
Amendment 61 #
Proposal for a regulation
Recital 11
Recital 11
(11) However, these three regulations were not implemented in an essentially consistently manner; in particular there were inconsistencies between the FAR and the Control Regulation, which was adopted after the FAR Regulation. The implementation of the FAR also revealed several loopholes, since some challenges in terms of control, such as chartering, reflagging and the issuance of fishing authorisations issued by a third country competent authority to a Union fishing vessel outside the framework of a Sustainable Fisheries Partnership Agreement ("direct authorisations"), were not covered. Besides, some reporting obligations have proven difficult as has the division of administrative roles between the Member States and the Commission.
Amendment 63 #
Proposal for a regulation
Recital 12
Recital 12
(12) The core principle of the present regulation is that any Union vessel fishing outside Union waters should be authorised by its flag Member State and monitored accordingly, irrespective of where it operates and the framework under which it does so. The issuing of an authorisation should be dependentbased on a basic set of common eligibility criteria being fulfilled. The information gathered by the Member States and provided to the Commission should allow the latter to intervene in the monitoring of the fishing activities of all Union fishing vessels in any given area outside Union waters at any time.
Amendment 69 #
Proposal for a regulation
Recital 15
Recital 15
(15) In third country waters, Union vessels may operate either under the provisions of sustainable fisheries partnership agreements concluded between the Union and third countries or by obtaining direct fishing authorisations from third countries if no sustainable fisheries partnership agreement is in force. In both cases these activities should be carried out in a transparent and sustainable way. This is why the flag Member States should be empowered to authorise under a defined set of criteria and subject to monitoring, the vessels flying their flag to seek and obtain direct authorisations from third coastal states. The fishing activity should be authorised onceprovided the flag Member State is satisfied that it will not undermine sustainability. Unless the Commission has any further objection, the operator who has been given the authorisation from both the flag Member State and the coastal state should be allowed to start its fishing operation.
Amendment 73 #
Proposal for a regulation
Recital 19
Recital 19
(19) Procedures should be transparent and predictable forso that Union and third country operators, as well as fornd their respective competent authorities can function better.
Amendment 76 #
Proposal for a regulation
Recital 23
Recital 23
(23) Fishing vessels from third countries without authorisation under this Regulation shouldshall, when navigating in Union waters, be obliged to ensure that their fishing gear is installed in such a manner that it is not readily usable for fishing operationsdepart immediately by the competent port authorities of the Member State.