Activities of Isabel CARVALHAIS related to 2018/0193(COD)
Plenary speeches (2)
Fisheries control (debate)
Fisheries control (debate)
Amendments (89)
Amendment 188 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b a (new)
Article 1 – paragraph 1 – point 1 – point b a (new)
Regulation (EC) No 1224/2009
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
(ba) point 4 is replaced by the following: "4. ‘inspection’ means any on site check which is carried out by officials regarding compliance with the rules of the common fisheries policy and which is noted in an inspection report; " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712)
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b a (new)
Article 1 – paragraph 1 – point 1 – point b a (new)
Regulation (EC) No 1224/2009
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
(ba) point 5 is replaced by the following: "5. ‘surveillance’ means the observation by officials of fishing activities on the basis of sightings by inspection vessels or, official aircrafts and vehicles or other means, including technical detection and identification methods; " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712)
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b b (new)
Article 1 – paragraph 1 – point 1 – point b b (new)
Regulation (EC) No 1224/2009
Article 4 – paragraph 1 – point 6
Article 4 – paragraph 1 – point 6
(bb) point 6 is replaced by the following: "6. ‘official’ means a person authorised by a national fisheries control authority, the Commission or the CommunityEuropean Fisheries Control Agency to carry out an inspection; " (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-This amendment from "Community Fisheries Control Agency" to "European Fisheries Control Agency" applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en 20190814&qid=1582016726712)
Amendment 191 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b c (new)
Article 1 – paragraph 1 – point 1 – point b c (new)
Regulation (EC) No 1224/2009
Article 4 – paragraph 1 – point 7
Article 4 – paragraph 1 – point 7
(bc) point 7 is replaced by the following: "7. ‘Union inspectors’ means officials of a Member State or, of the Commission or of the body designated by itEuropean Fisheries Control Agency, whose names are contained in the list established in accordance with Article 79; " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712)
Amendment 192 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c a (new)
Article 1 – paragraph 1 – point 1 – point c a (new)
Regulation (EC) No 1224/2009
Article 4 – paragraph 1 – point 11
Article 4 – paragraph 1 – point 11
(ca) point 11 is replaced by the following: "11. ‘automatic identification system’ means an autonomous and continuous vessel identification and monitoring system which provides means for ships to electronically exchange with other nearby ships and authorities ashore ship data including identification, position, course and speed; , speed, activity, port of departure, date of departure, port of destination and estimated date of arrival to destination; " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712)
Amendment 194 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e a (new)
Article 1 – paragraph 1 – point 1 – point e a (new)
Regulation (EC) No 1224/2009
Article 4 – paragraph 1 – point 15
Article 4 – paragraph 1 – point 15
(ea) point 15 is replaced by the following: "15. ‘fisheries monitoring centre’ means an operational centre established by a flag Member State and equipped with computer hardware and software enabling automatic data reception, processing, analysis, control, monitoring and electronic data transmission; (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-" Or. en 20190814&qid=1582016726712)
Amendment 199 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point f a (new)
Article 1 – paragraph 1 – point 1 – point f a (new)
Regulation (EC) No 1224/2009
Article 4 – paragraph 1 – point 21
Article 4 – paragraph 1 – point 21
(fa) point 21 is replaced by the following: "21. ‘processing’ means the process by which the presentation was prepared. It includesof fisheries or aquaculture products was prepared. It includes gutting and any kind of cutting, filleting, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fisheries or aquaculture products for market in any other manner; " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712)
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1224/2009
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Union fishing vessels shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified by a vessel monitoring system through transmitting vessel position data at regular intervals close to real-time with the possibility to send position every 10 minutes.
Amendment 233 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1224/2009
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
The vessel monitoring systems shall also allow the fisheries monitoring centre referred to in Article 9a of the flag Member State to poll the fishing vessel at all times. The transmission of vessel position data and the polling shall either pass through a satellite connection, or may use a land- based mobile network when in reach of such network, or other technology available for data communication connection that allows secure and fast transmissions.
Amendment 243 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1224/2009
Article 9 – paragraph 3
Article 9 – paragraph 3
3. By way of derogation from paragraph 2, masters of Union fishing vessels below 12 metres’ length overall may carry on board a mobile device which allows the vessel to be automatically located and identified by a vessel monitoring system through recording and transmitting vessel position data at regular intervals, close to real-time with the possibility to send position every 10 minutes. In case the device is not within reach of a mobile network, the vessel position data shall be recorded during that period of time and shall be transmitted as soon as the vessel is in reach of such network and at the latest beforeupon entering port.
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1224/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
4. When a Union fishing vessel is in the waters of another Member State, the flag Member State shall make available the vessel position data of that vessel by automatic transmission to the fisheries monitoring centre of the coastal Member States. The vessel position data of the concerned fishing trip shall also be made available to the Member State in whose ports a fishing vessel is likely to land its catches or in the waters of which the fishing vessel is likely to continue its fishing activities.
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1224/2009
Article 9 – paragraph 5
Article 9 – paragraph 5
5. If a Union fishing vessel operates in the waters of a third country or in waters where the fishing resources are managed by a regional fisheries management organisation as referred to in Article 3(1), and if the agreement with that third country or the applicable rules of that organisation so provide, vessel position of the concerned fishing trip data shall also be made available to that country or organisation.
Amendment 269 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1224/2009
Article 9 a – paragraph 2
Article 9 a – paragraph 2
2. Each flag Member State shall appoint the competent authorities responsible for the fisheries monitoring centre and shall take the appropriate measures to ensure that its fisheries monitoring centre has the proper staffing resources and is equipped with computer hardware and software enabling automatic data processing, analysis, control, monitoring and electronic data transmission. Member States shall provide for back-up and recovery procedures in case of system failure. Member States may operate a joint fisheries monitoring centre.
Amendment 309 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1224/2009
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
(g) the estimated quantities of each species in kilograms live weight orand, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry; for Union fishing vessels of 12 metres' length overall or more, this information shall be provided per haul or per fishing operation;
Amendment 320 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1224/2009
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. In the case of the capture of sensitive species, the logbook shall also contain: (a) the species captured; (b) the number of individuals captured; (c) the date and geographic position of the capture; (d) the number of individuals killed (e) the number of individuals released (f) the number of individuals injured and released
Amendment 326 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1224/2009
Article 14 – paragraph 4 – subparagraph 1
Article 14 – paragraph 4 – subparagraph 1
When compared with the quantities landed or the result of an inspection, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per species. For mixed fisheries, small pelagic purse-seine vessels or species retained on board that do not exceed 5100kg live weight equivalent, the permitted margin of tolerance shall be 20% per species. For tuna species, it shall be 25%.
Amendment 340 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1224/2009
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. For species that the number of individuals have to be recorded the tolerance percentage established in previous point it is only applied for numbers higher than 10 individuals captured, under this number the weight tolerances shall be followed.
Amendment 416 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 1224/2009
Article 19a – paragraph 4
Article 19a – paragraph 4
4. Where, on the basis of the analysis of the information submitted and other information available, there are reasonable grounds to believe that the fishing vessel is not complying with the rules of the common fisheries policy, with the rules applicable in the waters of the third country or in the high seas where the vessel is operating, the competent authorities of the flag Member State shall request the cooperation of the third country where the vessel intends to land in view of a possible inspection. For this purpose the flag Member State may require the fishing vessel to land in a different port, or delay the time of arrival at port or of landing.
Amendment 430 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EC) No 1224/2009
Article 21 – paragraph 2 – point f
Article 21 – paragraph 2 – point f
(f) date and time of beginning and ending of transhipment;
Amendment 454 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 1224/2009
Article 23 – paragraph 2 – point f
Article 23 – paragraph 2 – point f
(f) date and time of beginning and ending of landing;
Amendment 545 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 1224/2009
Article 33 – paragraph 3
Article 33 – paragraph 3
3. In cases where the data submitted by a Member States in accordance with paragraph 2 is based on estimates for a stock or group of stocks, the Member State shall provide to the Commission the corrected quantities established on the basis of landing declarations as soon as available and no later than 123 months after the date of landing.
Amendment 547 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 1224/2009
Article 33 – paragraph 4
Article 33 – paragraph 4
4. In the case where a Member State detects inconsistencies between the information submitted to the Commission in accordance with paragraphs 2 and 3 and the results of the validation performed in accordance with Article 109, the Member State shall provide to the Commission the corrected quantities established on the basis of that validation as soon as available and no later than 123 months after the date of landing.
Amendment 579 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Regulation (EC) No 1224/2009
Article 39a – paragraph 2
Article 39a – paragraph 2
2. The devices referred to in paragraph 1, in particular permanently affixed shaft strain gauges and revolution counters, shall ensure the continuous measurement and record of propulsive engine power in kilowatts.
Amendment 604 #
Proposal for a regulation
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Regulation (EC) No 1224/2009
Article 50 – title
Article 50 – title
Control of fishing restricted areas and marine protected areas
Amendment 606 #
Proposal for a regulation
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Regulation (EC) No 1224/2009
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Fishing activities in fishing restricted areas and marine protected areas located in Union waters shall be controlled by the coastal Member State. The coastal Member State shall have a system to detect and record the fishing vessels’ entry into, transit through and exit from fishing restricted areas and marine protected areas under its jurisdiction or sovereignty.
Amendment 608 #
Proposal for a regulation
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
2. Fishing activities of Union fishing vessels in fishing restricted areas and marine protected areas located in high seas or in third country waters shall be controlled by the flag Member States.
Amendment 612 #
Proposal for a regulation
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Regulation (EC) No 1224/2009
Article 50 – paragraph 3 – introductory part
Article 50 – paragraph 3 – introductory part
3. Transit through a fishing restricted area or marine protected area is allowed for all fishing vessels that are not authorised to fish in such areas subject to the following conditions:
Amendment 617 #
Proposal for a regulation
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Regulation (EC) No 1224/2009
Article 50 – paragraph 3 – point c a (new)
Article 50 – paragraph 3 – point c a (new)
(ca) there are no specific vessel transit prohibitions in the area or for a particular period of the day or the year.
Amendment 618 #
Proposal for a regulation
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Regulation (EC) No 1224/2009
Article 50 – paragraph 3 a (new)
Article 50 – paragraph 3 a (new)
3a. The frequency of vessel monitoring data transmission interval shall automatically be increased to the closest to real-time possible from the entrance until the exit of the vessel into a fishing restricted area or a marine protected area.
Amendment 672 #
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Regulation (EC) No 1224/2009
Article 55 – paragraph 6
Article 55 – paragraph 6
6. This Article shall apply to any recreational fishing activities performed with the support of a vessel or on foot with the use of any catching or harvesting method, including fishing activities organised by commercial entities in the tourism sector and in the sector of sport competition.
Amendment 703 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 58 – paragraph 5 – point c
Article 58 – paragraph 5 – point c
(c) the FAO alpha-3 code of the species and, the scientific name and the commercial common name;
Amendment 715 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 58 – paragraph 7
Article 58 – paragraph 7
7. Member States may exempt from the requirements set out in this Article small quantities of products sold directly from fishing vessels to consumers, provided that these do not exceed 5kg of fishery product per consumer per day and 150 kg of fishery product per week per vessel.
Amendment 726 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 58 – paragraph 10
Article 58 – paragraph 10
10. This article shall not apply to ornamental fish, crustaceans and, molluscs and algae.
Amendment 735 #
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59 a – paragraph 1
Article 59 a – paragraph 1
1. Member States shall ensure that auction centres and registered buyers have procedures ares in place to enable that all fishery products are weighed upon landing on systems approved by the competent authorities and that weighing is carried out by operators registered for the weighing of fisheries products.
Amendment 738 #
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59 a – paragraph 3
Article 59 a – paragraph 3
3. Member States may require the submission of the weighing records at regular intervalsWeighing records shall be submitted to the Member States until 24 hours after weighing.
Amendment 751 #
Proposal for a regulation
Article 1 – paragraph 1 – point 49
Article 1 – paragraph 1 – point 49
Regulation (EC) No 1224/2009
Article 60 – paragraph 3
Article 60 – paragraph 3
3. The figure from the weighing record shall be immediately transmitted to the master and shall be used for the completion of the landing declaration and the transport document.
Amendment 755 #
Proposal for a regulation
Article 1 – paragraph 1 – point 49
Article 1 – paragraph 1 – point 49
Regulation (EC) No 1224/2009
Article 60 – paragraph 5 – point c
Article 60 – paragraph 5 – point c
(c) In the case of fishery products destined for human consumption: a second weighing per species of fisheries products is performed by a registered weigher. That second weighing may take place, after transport, at an auction centre, at the premises of a registered buyer or producer organisation. The result of that second weighing shall be immediately transmitted to the master.
Amendment 772 #
Proposal for a regulation
Article 1 – paragraph 1 – point 50
Article 1 – paragraph 1 – point 50
Regulation (EC) No 1224/2009
Article 60 a – paragraph 2 – point c
Article 60 a – paragraph 2 – point c
(c) the information to be sent tof competent authorities before entering into port;
Amendment 779 #
Proposal for a regulation
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Regulation (EC) No 1224/2009
Article 64 – paragraph 1 – point d
Article 64 – paragraph 1 – point d
(d) the FAO alpha-3 code, scientific name and common commercial name of each species and the relevant geographical area in which the catches were taken;
Amendment 780 #
Proposal for a regulation
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Regulation (EC) No 1224/2009
Article 64 – paragraph 1 – point e
Article 64 – paragraph 1 – point e
(e) the quantities of each species placed on the market or registered at an auction in kilograms in product weight, broken down by type of product presentation and preservation orand, where appropriate, the number of individuals;
Amendment 785 #
Proposal for a regulation
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Regulation (EC) No 1224/2009
Article 66 – paragraph 3 – point b
Article 66 – paragraph 3 – point b
(b) the port and date, date and time of begin and end of landing;
Amendment 786 #
Proposal for a regulation
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Regulation (EC) No 1224/2009
Article 66 – paragraph 3 – point d
Article 66 – paragraph 3 – point d
(d) the FAO alpha-3 code, scientific name and commercial common name of each species and its relevant geographical area in which the catches were taken;
Amendment 787 #
Proposal for a regulation
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Regulation (EC) No 1224/2009
Article 66 – paragraph 3 – point e
Article 66 – paragraph 3 – point e
(e) the quantities of each species stored in kilograms in product weight, broken down by type of product presentation and preservation orand, where appropriate, the number of individuals;
Amendment 797 #
Proposal for a regulation
Article 1 – paragraph 1 – point 56
Article 1 – paragraph 1 – point 56
Regulation (EC) No 1224/2009
Article 68 – paragraph 4 – point c
Article 68 – paragraph 4 – point c
(c) the FAO alpha-3 code, scientific name and commercial common name of each species and the relevant geographical area in which the catches were taken;
Amendment 799 #
Proposal for a regulation
Article 1 – paragraph 1 – point 56
Article 1 – paragraph 1 – point 56
Regulation (EC) No 1224/2009
Article 68 – paragraph 4 – point d
Article 68 – paragraph 4 – point d
(d) the quantities of each species transported in kilograms in product weight, broken down by type of product presentation orand, where appropriate, the number of individuals and where appropriate by places of destination;
Amendment 804 #
Proposal for a regulation
Article 1 – paragraph 1 – point 57 a (new)
Article 1 – paragraph 1 – point 57 a (new)
Regulation (EC) No 1224/2009
Article 71 – paragraph 1 – point a
Article 71 – paragraph 1 – point a
(57a) in Article 71, paragraph 1, point a is replaced by the following: "(a) sightings of fishing vessels by inspection vessels or, surveillance aircrafts; or other surveillance means; " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712&from=EN)
Amendment 807 #
Proposal for a regulation
Article 1 – paragraph 1 – point 59 – point a
Article 1 – paragraph 1 – point 59 – point a
Regulation (EC) No 1224/2009
Article 73 – paragraph 1
Article 73 – paragraph 1
1. Where a Union control observer scheme has been established in accordance with the Treaty, control observers on board fishing vessels designated by Member States shall monitor the fishing vessel's compliance with the rules of the common fisheries policy, with the rules applicable in the waters of the third country or in the high seas where the vessel is operating. They shall fulfill all the tasks of the observer scheme and in particular record the vessel's fishing activities and examine relevant documents.
Amendment 812 #
Proposal for a regulation
Article 1 – paragraph 1 – point 59 – point b a (new)
Article 1 – paragraph 1 – point 59 – point b a (new)
Regulation (EC) No 1224/2009
Article 73 – paragraph 6
Article 73 – paragraph 6
(ba) Article 73, paragraph 6 is amended as follows: "6. In the event that the observer report indicates that the vessel observed has engaged in fishing activities contrary to the rules of the common fisheries policy, the rules applicable in the waters of the third country or in the high seas where the vessel is operating, the competent authorities referred to in paragraph 4 shall take all appropriate action to investigate the matter. (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-" Or. en 20190814&qid=1582016726712)
Amendment 817 #
Proposal for a regulation
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Regulation (EC) No 1224/2009
Article 74 – paragraph 2
Article 74 – paragraph 2
2. Officials shall carry out their duties in accordance with Union law. They shall prepare and conduct inspections in a non- discriminatory manner at sea, shoreline, in ports, during transport, on processing premises and along the supply chain of the fisheries products.
Amendment 819 #
Proposal for a regulation
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Regulation (EC) No 1224/2009
Article 74 – paragraph 3 – point a
Article 74 – paragraph 3 – point a
(a) the legality of the fisheries products captured, kept on board, stored, transported, transhipped, transferred, landed, processed or marketed and the accuracy of the documentation or electronic transmissions relating to them;
Amendment 821 #
Proposal for a regulation
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Regulation (EC) No 1224/2009
Article 74 – paragraph 3 – point d
Article 74 – paragraph 3 – point d
(d) the markings and identification of the vessels and gears;
Amendment 830 #
Proposal for a regulation
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Regulation (EC) No 1224/2009
Article 74 – paragraph 3 – point f
Article 74 – paragraph 3 – point f
(f) the use of CCTVs and other electronic monitoring devices;
Amendment 833 #
Proposal for a regulation
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Regulation (EC) No 1224/2009
Article 74 – paragraph 4
Article 74 – paragraph 4
4. Officials shall be able to examine all relevant areas, decks and rooms. They shall also be able to examine catches, processed or not, nets or other gefishing gear used and on board, equipment, containers and packages containing fish or fisheries products and any relevant documents or electronic transmissions which they deem necessary to verify compliance with the rules of the common fisheries policy. They shall also be able to question persons deemed to have information on the matter that is the subject of the inspection.
Amendment 834 #
Proposal for a regulation
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Regulation (EC) No 1224/2009
Article 74 – paragraph 4 a (new)
Article 74 – paragraph 4 a (new)
4a. Officials shall be able to collect copies of any relevant document or electronic recorded in paper or digital format, as well as photographic documentation of species, fishing gears, equipment, containers and packages containing fish or fishing products examined that shall be annexed to the inspection report as set in article 76.
Amendment 840 #
Proposal for a regulation
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Regulation (EC) No 1224/2009
Article 74 – paragraph 6 – point g
Article 74 – paragraph 6 – point g
(g) inspections at sea, shoreline and in ports, transport inspections, and market inspection.
Amendment 841 #
Proposal for a regulation
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Regulation (EC) No 1224/2009
Article 75 – paragraph 1
Article 75 – paragraph 1
1. The operator and the master shall cooperate with officials in the performance of their duties. They shall facilitate the safe access to the vessel, vessel holds, transport vehicle or, containers or storage rooms where the fisheries products are stored, processed or marketed, or facilities were fishing gears are stored or repaired. They shall ensure the safety of the officials and shall not obstruct, intimidate or interfere with the officials in the performance of their duties.
Amendment 852 #
Proposal for a regulation
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Regulation (EC) No 1224/2009
Article 76 – paragraph 3
Article 76 – paragraph 3
3. A copy of the inspection report shall be sent, preferably by electronic means, as soon as possible to the operator or to the master, and in any case no later than 15 working days after the completion of the inspection.
Amendment 863 #
Proposal for a regulation
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Regulation (EC) No 1224/2009
Article 79 – paragraph 4 – point b
Article 79 – paragraph 4 – point b
(b) all information and documents which are needed to fulfil their tasks, in particular fishing logbooks, fishing licence, certification of engine power, CCTVelectronic monitoring devices data, landing declarations, catch certificates, transhipment declarations, sales notes, and other relevant information and documents;
Amendment 867 #
Proposal for a regulation
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Regulation (EC) No 1224/2009
Article 79 – paragraph 4 a (new)
Article 79 – paragraph 4 a (new)
4a. Union inspectors shall be able to collect copies of any relevant document or electronic records in paper or digital format, as well as photographic documentation of species, fishing gear, equipment containers and packages containing fish or fishing products examined that shall be annexed to the report of Union inspectors.
Amendment 888 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 89 a – paragraph 1
Article 89 a – paragraph 1
1. Member States shall ensure that a natural person having committed or a legal person held liable for infringements of rules of common fisheries policy is punishable by effective, proportionate and dissuasive administrative or criminal-law sanctions.
Amendment 895 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 89 a – paragraph 4
Article 89 a – paragraph 4
4. Member States mayshall apply a system whereby a fine is proportionate to the turnover of the legal person, or to the economic benefit achieved or envisaged by committing the infringement taking into account the seriousness of the offense and guilty.
Amendment 909 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 90 – paragraph 2 – point i
Article 90 – paragraph 2 – point i
(i) fishing in a restricted or closed area, or a fish stock recovery area, or during a closed season, or without or after attainment of a quota or beyond a closed depth or distance to shore; or
Amendment 966 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92 – paragraph 2
Article 92 – paragraph 2
2. When a natural person has committed or a legal person is held liable for a serious infringement, a number of points calculated in accordance with Annex III shall be assigned to the holder of the fishing licence for the fishing vessel concerned. The assigned points shall be recorded in the fishing licence of the concerned vessel with the indication of date of assign as well as the date of deletion of the assigned points.
Amendment 971 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92 – paragraph 4
Article 92 – paragraph 4
4. Member States shall also establish a point system under which the master of a vessel is assigned the same number of points as the holder of the fishing licence following a serious infringement committed aboard the vessel under his or her command. The assigned points to the master of the vessel shall be recorded in the official certification document with the indication of date of assign as well as the date of deletion of the assigned points.
Amendment 976 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92 – paragraph 8
Article 92 – paragraph 8
8. If the holder of a fishing licence or the master does not commit a serious infringement within three years from the date of the committingdecision of attribution of points of the last serious confirmed infringement, all points shall be deleted.
Amendment 991 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 93 – paragraph 1
Article 93 – paragraph 1
1. Member States shall enter in a national register all suspected and confirmed infringements of the rules of the common fisheries policy committed by vessels flying their flag or the flag of a third country or by their nationals, including all decisions and sanctions they incurred and the number of points assigned. Infringements of fishing vessels flying their flag or by their nationals prosecuted in other Member States shall also be entered by Member States in their national register on infringements, upon notification of the definitive ruling by the Member State having jurisdiction, pursuant to Article.92b.
Amendment 993 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 93 – paragraph 2
Article 93 – paragraph 2
2. When following up an infringement of rules of the common fisheries policy, a Member State may request other Member States to provide information contained in their national register on the fishing vessels and persons suspected of having committed the infringement in question or caught in the act of committing the infringement in questions.
Amendment 999 #
Proposal for a regulation
Article 1 – paragraph 1 – point 70
Article 1 – paragraph 1 – point 70
Regulation (EC) No 1224/2009
Article 93 a – paragraph 1 – subparagraph 1
Article 93 a – paragraph 1 – subparagraph 1
Member States shall establish annual or multiannual national control programmes for the inspections and, the control and the surveillance of the rules of the common fisheries policy.
Amendment 1000 #
Proposal for a regulation
Article 1 – paragraph 1 – point 70
Article 1 – paragraph 1 – point 70
Regulation (EC) No 1224/2009
Article 93 a – paragraph 1 – subparagraph 2
Article 93 a – paragraph 1 – subparagraph 2
National control programmes shall be risk- based and shall be updated at least once a year in particular taking into account newly adopted conservation and control measures. and the conclusions of annual evaluation report of the national control programme made by the Commission.
Amendment 1002 #
Proposal for a regulation
Article 1 – paragraph 1 – point 70
Article 1 – paragraph 1 – point 70
Regulation (EC) No 1224/2009
Article 93 a – paragraph 1 – subparagraph 3
Article 93 a – paragraph 1 – subparagraph 3
National control programmes shall be notified to the Commission before the 31 December of each year and shall cover at least the following calendar year, and published in the national fisheries authority webpage until 31 January of the following year.
Amendment 1006 #
Proposal for a regulation
Article 1 – paragraph 1 – point 70
Article 1 – paragraph 1 – point 70
Regulation (EC) No 1224/2009
Article 93 a – paragraph 2
Article 93 a – paragraph 2
2. By 30 June1 March every year, Member States shall submit to the Commission a report on inspections and controls performed in the previous year, in accordance with the national control programmes and in compliance with the present Regulation.
Amendment 1008 #
Proposal for a regulation
Article 1 – paragraph 1 – point 70
Article 1 – paragraph 1 – point 70
Regulation (EC) No 1224/2009
Article 93 a – paragraph 2 a (new)
Article 93 a – paragraph 2 a (new)
2a. By 30 June every year, the Commission shall publish an evaluation report of the implementation of the national control programmes.
Amendment 1012 #
Proposal for a regulation
Article 1 – paragraph 1 – point 70 a (new)
Article 1 – paragraph 1 – point 70 a (new)
Regulation (EC) No 1224/2009
Article 95 – title
Article 95 – title
(70a) Article 95, Title is amended as follows: "Specific control and, inspection programmes (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-and surveillance programmes " Or. en 20190814&qid=1582016726712&from=EN)
Amendment 1015 #
Proposal for a regulation
Article 1 – paragraph 1 – point 71
Article 1 – paragraph 1 – point 71
Regulation (EC) No 1224/2009
Article 95 – paragraph 1
Article 95 – paragraph 1
1. Certain fisheries may be subject to specific control and, inspection and surveillance programmes. The Commission may, by means of implementing acts and in concert with the Member States concerned, determine which fisheries shall be subject to the specific control and, inspection and surveillance programmes on the basis of the need for specific and coordinated control of the fisheries in question. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Amendment 1016 #
Proposal for a regulation
Article 1 – paragraph 1 – point 71 a (new)
Article 1 – paragraph 1 – point 71 a (new)
Regulation (EC) No 1224/2009
Article 95 – paragraph 2
Article 95 – paragraph 2
(71a) Article 95, paragraph 2 is amended as follows: "2. The specific control and, inspection and surveillance programmes referred to in paragraph 1 shall state the objectives, priorities and procedures as well as benchmarks for inspection activities. Such benchmarks shall be established based on risk management and revised periodically after an analysis has been made of the results achieved. (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-" Or. en 20190814&qid=1582016726712&from=EN)
Amendment 1017 #
Proposal for a regulation
Article 1 – paragraph 1 – point 71 b (new)
Article 1 – paragraph 1 – point 71 b (new)
Regulation (EC) No 1224/2009
Article 95 – paragraph 3
Article 95 – paragraph 3
(71b) Article 95, paragraph 3 is amended as follows: "3. When a multiannual plan has entered into force and before a specific control and, inspection and surveillance programme has become applicable, each Member State shall establish risk management based target benchmarks for inspection activities. (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-" Or. en 20190814&qid=1582016726712&from=EN)
Amendment 1018 #
Proposal for a regulation
Article 1 – paragraph 1 – point 71 c (new)
Article 1 – paragraph 1 – point 71 c (new)
Regulation (EC) No 1224/2009
Article 95 – paragraph 4
Article 95 – paragraph 4
(71c) Article 95, paragraph 4 is amended as follows: "4. The Member States concerned shall adopt the necessary measures to ensure the implementation of the specific control and, inspection and surveillance programmes, particularly as regards required human and material resources and the periods and zones where these are to be deployed. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712&from=EN)
Amendment 1020 #
Proposal for a regulation
Article 1 – paragraph 1 – point 71 e (new)
Article 1 – paragraph 1 – point 71 e (new)
(71e) Article 98, paragraph 4 is amended as follows: "4. In case of sea or air controls and, inspections and surveillances, the commander of the vessel or air craft shall be in sole charge of the control and, inspection and surveillance operations. In exercising his command he shall take due account of the verification programme referred to in paragraph 1. (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224-" Or. en 20190814&qid=1582016726712&from=EN)
Amendment 1036 #
Proposal for a regulation
Article 1 – paragraph 1 – point 77 – point a
Article 1 – paragraph 1 – point 77 – point a
Regulation (EC) No 1224/2009
Article 109 – paragraph 1
Article 109 – paragraph 1
1. Member States shall, until 31 December of the third year after entering in force the present regulation, set up a computerised database for the purpose of validation of data recorded in accordance with this Regulation. The validation of the data recorded includes the cross-checking, analysis and verification of the data.
Amendment 1059 #
Proposal for a regulation
Article 1 – paragraph 1 – point 82
Article 1 – paragraph 1 – point 82
Regulation (EC) No 1224/2009
Article 115 – paragraph 1 – point i a (new)
Article 115 – paragraph 1 – point i a (new)
(ia) the National Control Programme set, the results and the evaluation report made by the Commission at least 30 days after the dates stablished in article 93a
Amendment 1074 #
Proposal for a regulation
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Regulation (EC) No 768/2005
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(1a) Article 2, paragraph 1, point a is amended as follows: "(a) ‘control and inspection’ means any measures taken by Member States, in particular pursuant to Articles 23, 24 and 28 of Regulation (EC) No 2371/2002, to control and inspect fishing activities within the scope of the common fisheries policy including surveillance and monitoring activities such as satellite-based vessel monitoring systems and observer schemes; " (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473.) Or. en (32005R0768)
Amendment 1075 #
Proposal for a regulation
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Regulation (EC) No 768/2005
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(1a) Article 2, paragraph 1, point b is amended as follows: "(b) ‘means of control and, inspection and surveillance’ means surveillance vessels, aircraft, vehicles, technologic means and other material resources as well as inspectors, observers and other human resources used by Member States for control and inspection; , inspection and surveillance; " (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473.) Or. en (32005R0768)
Amendment 1076 #
Proposal for a regulation
Article 2 – point 2 – point b
Article 2 – point 2 – point b
Regulation (EC) No 768/2005
Article 3 – point f
Article 3 – point f
(f) to contribute to the work of Member States and the Commission on research into and development and implementation of control and, inspection and surveillance techniques and to initiate research into and, development and implementation of control and, inspection techniques;and surveillance techniques; (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473.)
Amendment 1078 #
Proposal for a regulation
Article 2 – point 4 a (new)
Article 2 – point 4 a (new)
Regulation (EC) No 768/2005
Article 17 g – paragraph 1
Article 17 g – paragraph 1
(4a) in Article 17g, paragraph 1is amended as follows: "The Agency shall contribute toand help the implementation of the EU Integrated Maritime Policy, and in particular conclude administrative agreements with other bodies in matters covered by this Regulation after approval by the Administrative Board. The Executive Director shall inform the European Parliament, the Commission and the Member States thereof at an early stage of such negotiations. " (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473. Article 17g of Regulation (EC) No 768/2005 corresponds to Article 25 of Regulation (EU) 2019/473.) Or. en (32005R0768)
Amendment 1079 #
Proposal for a regulation
Article 2 – point 5 – point a a (new)
Article 2 – point 5 – point a a (new)
Regulation (EC) No 768/2005
Article 23 – paragraph 2 – point c – subparagraph 1
Article 23 – paragraph 2 – point c – subparagraph 1
(aa) Article 23, paragraph 2, point c, subparagraph 1 is amended as follows: adopt by 31 October each year, and taking into account the opinion of the European Parliament, the Commission and the Member States, the work programme of the Agency for the coming year and forward it to the European Parliament, the Council, the Commission and the Member States. " (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473. Article 23 of Regulation (EC) No 768/2005 corresponds to Article 32 of Regulation (EU) 2019/473.) Or. en (32005R0768)
Amendment 1080 #
Proposal for a regulation
Article 2 – point 5 – point a b (new)
Article 2 – point 5 – point a b (new)
Regulation (EC) No 768/2005
Article 23 – paragraph 2 – point c – subparagraph 2
Article 23 – paragraph 2 – point c – subparagraph 2
(ab) Article 23, paragraph 2, point c, subparagraph 2 is amended as follows: "The work programme shall contain the priorities of the Agency. It shall give priority to the duties of the Agency relating to control and surveillance programmes. It shall be adopted without prejudice to the annual Community budgetary procedure. In case the European Parliament or the Commission expresses, within 30 days from the date of adoption of the work programme, its disagreement with that programme, the Administrative Board shall re-examine the programme and adopt it, possibly amended, within a period of two months, in a second reading; " (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473. Article 23 of Regulation (EC) No 768/2005 corresponds to Article 32 of Regulation (EU) 2019/473.) Or. en (32005R0768)
Amendment 1081 #
Proposal for a regulation
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
Regulation (EC) No 768/2005
Article 24 – paragraph 1
Article 24 – paragraph 1
Amendment 1083 #
Proposal for a regulation
Article 2 – point 7
Article 2 – point 7
Regulation (EC) No 768/2005
Article 29 – paragraph 3 – point a
Article 29 – paragraph 3 – point a
(a) he/she shall prepare the draft annual work programme and the draft multiannual work programme and submit them to the Administrative Board after consultation with the European Parliament, the Commission and the Member States. He/she shall take the necessary steps for the implementation of the work programme and multiannual work programme within the limits specified by this Regulation, its implementing rules and any applicable law; (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473. Article 29 of Regulation (EC) No 768/2005 corresponds to Article 38 of Regulation (EU) 2019/473.)
Amendment 1086 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
Regulation (EC) No 1005/2008
Article 2 – point 17
Article 2 – point 17
17. ‘sighting’ means any observation by a Member State's competent authority responsible for control, inspection and surveillance at sea, or by the master of a Community or third country fishing vessel of a fishing vessel engaged in activities that may be considered as IUU fishing in accordance with the provisions of Article 3.