BETA

22 Amendments of Åsa WESTLUND related to 2011/0195(COD)

Proposal for a regulation
Recital 8

(8) The Common Fisheries Policy sh~~ould~~all contribute to the protection of the marine environment and in particular to the achievement of good environmental status by 2020 the latest as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)23 .

2012/03/12
Committee: ENVI

Proposal for a regulation
Recital 39

(39) Sustainable fisheries agreements concluded with third countries should ensure that Union fishing activities in third country waters are based on the best available scientific advice, ensuring a sustainable exploitation of the marine biological resources. Those agreements, which provide for access rights in exchange for a financial contribution from the Union, should contribute to data collection on stocks and current fishing pressure and to the establishment of a high quality governance framework to ensure in particular efficient monitoring, control and surveillance measures.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point d a (new)

(da) prohibition or restriction of the use of bottom destructive fishing gear, such as bottom trawling;

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 3 – article 12 – paragraph 1

1. In special areas of conservation within the meaning of Article 6 of Directive 92/43/EEC, of Article 4 of Directive 2009/147/EC and of Article 13(4) of Directive 2008/56/EC and Article 12 of Directive 92/43/EEC; as well as in Marine Protected Areas under Regional Seas Convention and in Vulnerable Marine Ecosystems under Global Agreements to which the EU has signed up, fishing activities shall be conducted by Member States in such a way so as to alleviate the impact from fishing activities in such special areas of conservation.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 3 – article 12 – paragraph 2

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55, to specify fishing related measures to alleviate the impact of fishing activities in special areas ~~of conservation~~referred to in paragraph 1.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 3 – article 26 a (new)

Article 26 a Member State measures for the implementation of Environmental Legislation 1. A Member State may take non- discriminatory fisheries measures in special areas of conservation within the meaning of Article 6 of Directive 92/43/EEC, of Article 4 of Directive 2009/147/EC and of Article 13(4) of Directive 2008/56/EC, as well as under art 12 of Directive 92/43/EEC, in Marine Protected Areas under Regional Seas Conventions and in Vulnerable Marine Ecosystems under Global Agreements to which the EU has signed up and in waters falling under the sovereignty or jurisdiction of that Member State. The Member State measures shall be compatible with the objectives set out in Article 2 and 3 of this regulation and no less stringent than existing Community legislation. 2. Where conservation and management measures to be adopted by a Member State are liable to affect fishing vessels of other Member States, such measures shall be adopted only after consulting the Commission, the relevant Member States and relevant Advisory Councils on a draft of the measures accompanied by an explanatory memorandum. Such explanatory memorandum shall contain: (a) scientific rationale for the proposed measure (b) fleet activity in the area by nation, gear, and species targeted (c) other conservation measures that apply to the area (d) monitor and control measures envisaged by the Member State in the area 3. The Member States and Regional Advisory Councils concerned may submit their written comments to the Commission within 30 working days of the date of notification. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 in order to confirm, cancel or amend the suggested measure within 30 working days of the date of notification. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 in order to confirm, cancel or amend the suggested measure within 30 working days of the date of notification.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 39 – paragraph 1

1. The Union shall actively participate and promote sustainability in the activities of international organisations dealing with fisheries, including regional fisheries management organisations (RFMOs) in line with international obligations, commitments and policy objectives and consistent with the objectives set out in Articles 2 and 3.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 39 – paragraph 2

2. The positions of the Union in international organisations dealing with fisheries and RFMOs shall be consistent with the Union's principles and objectives in the field of fisheries, environment and development law, including those set out in Article 2 of this Regulation. They shall also be based on the best available scientific advice to ensure that fishery resources are maintained above or restored above levels capable of producing maximum sustainable yield by 2015.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 39 – paragraph 3

3. The Union shall actively contribute to and support the development of good governance, transparency, enforcement measures and scientific knowledge and advice in RFMOs and other international organisations.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 41 – paragraph 1

1. Sustainable Fisheries Agreements with third countries shall establish a legal, economic, social and environmental governance framework for fishing activities carried out by Union flagged and/or owned fishing vessels in third country waters. Sustainable Fisheries Agreements must be in line with international obligations and policy objectives and consistent with Articles 2, 3 and 4.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 41 – paragraph 1 a (new)

1a. Sustainable Fisheries Agreements shall further seek the establishment of a governance framework for the EU fleet fishing in third country waters that is at least as stringent as applicable Union legislation in the field of fisheries management, environmental protection and social policies.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 41 – paragraph 2

2. Union flagged and/or owned fishing vessels shall only catch surplus of the allowable catch determined by the third country as referred to in Article 62(2) of the United Nations Convention on the Law of the Sea, and identified on the basis of the best available scientific advice and relevant information exchanged between the Union and the third country concerned about the total fishing effort on the affected stocks, in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 41 – paragraph 2 a (new)

2a. The level of fishing activities conducted by Union fishing vessels may not adventure the fishing possibilities for local fishermen in the third country.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 41 – paragraph 2 b (new)

2b. In order to allow for the identification of surplus of the allowable catch referred to under paragraph 3, Fisheries Partnership Agreements shall provide for transparency and exchange of all relevant information between the EU and the third country about the total fishing effort on the concerned stocks by national and where appropriate foreign vessels.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 41 – paragraph 2 c (new)

2c. Fisheries Partnership Agreements shall provide that EU fishing vessels can only operate in the waters of the third country with which an agreement has been concluded if they are in possession of a fishing authorisation, which has been issued in accordance with a procedure agreed by both parties to the agreement.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 41 – paragraph 2 d (new)

2d. In order to allow for the identification of surplus of the allowable catch referred to under paragraph 2, Sustainable Fisheries Agreements shall provide for transparency and exchange of all relevant information between the EU and the third country about the total fishing effort on the concerned stocks by national and where appropriate foreign vessels.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 41 – paragraph 2 e (new)

2e. Sustainable Fisheries Agreements shall provide that fishing authorisations of any kind shall not be granted to fishing vessels previously flagged in the Union in the 24 months preceding the request for a fishing authorisation and wishing to target species covered by the Sustainable Fisheries Agreement.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 42 – paragraph 1 – point a

(a) support a decreasing part of the cost of access to the fisheries resources in third country waters;, which shall be phased out over time, but not later than by 2020.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 42 – paragraph 1 – point b

(b) establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, monitoring, control and surveillance capability ~~and other capacity building items pertaining to~~, transparency, participation and accountability mechanisms and other capacity building items pertaining to the sustainable management of marine biological resources and the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditioned upon the achievement of specific results.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 42 – paragraph 1 – point b a (new)

(ba) Financial arrangement under Sustainable Fisheries Agreements shall be subject to an open and accountable review mechanism, including publically available financial audits and independent evaluations on the outcomes of financial assistance commissioned by the EU.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 7 – article 42 – paragraph 1 – point b b (new)

(bb) The full cost of access to the fisheries resources in third country waters shall be borne by the operators fishing in third country waters.

2012/03/12
Committee: ENVI

Proposal for a regulation
Part 11 – article 50 – paragraph 1 a (new)

1a. Union financial assistance towards Member States shall be transparent and accountable with detailed and timely information on the objectives and administration of financial assistance, including relevant budgets and evaluations, made publically available by the European Commission.

2012/03/12
Committee: ENVI