Activities of Carmen FRAGA ESTÉVEZ related to 2007/0223(CNS)
Plenary speeches (1)
Community system against illegal, unreported and unregulated fishing (debate)
Amendments (28)
Amendment 11 #
Proposal for a regulation
Article 2 – point a)
Article 2 – point a)
a) "Fishing vessel" means any vessel of any size used or intended for use for the purposes of commercial exploitation of fishery resources, for refrigeration, freezing or processing on board or for transport, including support ships, carrier vessels, fish processing vessels and vessels engaged in transhipment;
Amendment 17 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Access to ports of Member States, the provision of port services, and the conduct of landing, transhipment or on-board processing operations in such ports shall be prohibited for third country fishing vessels that are included on the Community list of IUU fishing vessels pursuant to Articles 26 and 29.
Amendment 18 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Except in cases of force majeure, aAccess to ports of Member States, the provision of port services, and the conduct of landing, transhipment or on-board processing operations in such ports shall be prohibited for third country fishing vessels other than those referred to in paragraph 1 a unless they meet the requirements set forth in this Chapter and other relevant provisions of this Regulation.
Amendment 19 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In cases of force majeure or distress, fishing vessels referred to in paragraphs 1 a and 2 may access Member State ports to avail themselves of port services and the measures that are strictly necessary to deal with the emergency.
Amendment 22 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall designate a place to be used for landing ports or a places close to the shore (designated ports) where port services and landings or transhipment operation of fish referred to in paragraph 2 are permitted
Amendment 24 #
Proposal for a regulation
Article 6 – paragraph 1 – point g a) (new)
Article 6 – paragraph 1 – point g a) (new)
ga) quantities to be unloaded or transhipped.
Amendment 25 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 28 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. By way of derogation to paragraphs 2 and 3 the port Member State may authorise port access and all or part of a landing in cases where the information referred to in paragraph 1 is not complete or its verification is pending, but shall in such cases keep the fish concerned in storage under the control of the competent authorities. The fish shall only be released to be sold, taken over or transported once the information referred to in paragraph 1 has been received or the verification process is completed. If this process is not completed within 14 days of the landing, the port Member State may confiscate and dispose of the fish in accordance with national rules. Storage costs shall be borne by the operator.
Amendment 31 #
Proposal for a regulation
Article 9 – paragraph 2 – point d)
Article 9 – paragraph 2 – point d)
d) fishing vessels appearing in a list of presumed IUU vessels adopted by a Regional Fisheries Management Organisation notified in accordance with Article 29 which have not yet been included in the Community list of IUU fishing vessels referred to in Article 26.
Amendment 33 #
Proposal for a regulation
Article 10
Article 10
Amendment 34 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. If an inspector has seriousthe information gathered during the inspection gives the inspector sufficient reason to believesuspect that a fishing vessel has engaged in IUU fishing activity in accordance with the criteria set out in Article 3, he shall:
Amendment 35 #
Proposal for a regulation
Article 12 – paragraph 1 – point a)
Article 12 – paragraph 1 – point a)
a) note the presumed infringement in the inspection report;
Amendment 42 #
Proposal for a regulation
Article 20
Article 20
Amendment 43 #
Proposal for a regulation
Article 23 – paragraph 3 – point b)
Article 23 – paragraph 3 – point b)
b) advise the flag state and, where appropriate, the state of re-exportation of the annulment; and
Amendment 44 #
Proposal for a regulation
Article 23 – paragraph 4 – point b)
Article 23 – paragraph 4 – point b)
b) advise the flag state and, where appropriate, the state of re-exportation;
Amendment 45 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Article 24 – AllegedProcedure for detecting IUU fishing activities
Amendment 47 #
Proposal for a regulation
Article 25 – title
Article 25 – title
Article 25 – PresumedInvestigation o IUU fishing activities
Amendment 48 #
Proposal for a regulation
Article 25 – paragraph 2 – point -a (new)
Article 25 – paragraph 2 – point -a (new)
-a) provide the information compiled by the Commission on the alleged IUU fishing activities, and a detailed statement of the reasons justifying inclusion in the Community list of IUU fishing vessels;
Amendment 49 #
Proposal for a regulation
Article 25 – paragraph 2 – point c)
Article 25 – paragraph 2 – point c)
c) notify the owner or, where appropriate, the operator of the vessels of the consequences which would result should the vessel be included in the European Community IUU Vessels List, as laid down in Article 36. Flag states shall also be requested to provide information to the Commission as to the vessel's owners or, where appropriate, operators so as to ensure that such persons can be heard if need be, in accordance with Article 26(3).
Amendment 50 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. The Commission shall notify the flag state of a vessel’s inclusion in the European Community IUU vessel list and shall inform it in detail of the reasons for that vessel’s inclusion in the list.
Amendment 54 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Commission shall publish the European Community IUU vessels list in the Official Journal of the European Union and shall take any measure necessary to ensure publicity of the European Community IUU vessels list, including by placing it on the DG Fisheries website.
Amendment 59 #
Proposal for a regulation
Article 34
Article 34
The Commission shall publish the list of non-cooperating states in the Official Journal of the European Union and shall take any measure necessary to ensure publicity of theat list of non-cooperating states, including placing it on the DG Fisheries website in a manner consistent with any applicable confidentiality requirements, including placing it on the DG Fisheries website. The list shall be regularly updated and the Commission shall provide for a system to automatically notify updates to Member States, Regional Fisheries Management Organisations and any member of the civil society that should so request. Furthermore, the Commission shall transmit list of non-cooperating states to the Food and Agriculture Organisation of the United Nations and to Regional Fisheries Management Organisations for the purposes of enhancing co-operation between the European Community and these organisations aimed at preventing, deterring and eliminating IUU fishing.
Amendment 63 #
Proposal for a regulation
Article 37 – point h)
Article 37 – point h)
h) Each Member States shall inform importers, transhippers, buyers, equipment suppliers, bankers, and operators carrying out other services established on its territory, of the risks associated with conducting business operations linked to fishing activities with nationals of any of such states;
Amendment 64 #
Proposal for a regulation
Article 37 – point i)
Article 37 – point i)
i) the Commission shall propose the denunciation of any standing bilateral fisheries agreement or fisheries partnership agreements with such states where the text of the agreement concerned includes commitments on combating IUU fishing;
Amendment 66 #
Proposal for a regulation
Article 41 – point a)
Article 41 – point a)
a) the activities considered to constitute IUU fishing activities in accordance with the criteria set out in Article 3 and figuring on the list contained in annex (...) on ‘serious infringements’;
Amendment 69 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Member States shall ensure that a natural person having committed or a legal person found liable for a serious infringement is punishable by effective, proportionate and dissuasive administrative sanctions, which shall include fines of a maximum of at least EUR 300 000 for natural persons and of at least EUR 500 000 for legal persons.
Amendment 71 #
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2a. The Member States may also opt for penal sanctions provided that the amount of such sanctions is at least equivalent to that of the administrative sanctions.
Amendment 77 #
Proposal for a regulation
Annex II
Annex II
This annex is deleted.