88 Amendments of Luis Manuel CAPOULAS SANTOS related to 2011/0380(COD)
Amendment 171 #
Proposal for a regulation
Recital 6
Recital 6
(6) To ensure that the EMFF contributes to the achievement of the objectives of the CFP, the IMP and the Europe 2020 Strategy, it is necessary to focus on a limited number of core priorities relating to fostering innovation and knowledge based fisheries and aquaculture, promoting sustainable and resource-efficient fishing and aquaculture, and increasing employment and territorial cohesion by unlocking the growth and job potential of coastal and inland fisheries communities and promoting diversification of fisheries activities also into other sectors of the marine economy.
Amendment 242 #
Proposal for a regulation
Recital 35
Recital 35
(35) Conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities, the EMFF should help diversification by covering business start-ups and investments for the retrofitting of their vessels, in addition to the relevant training to acquire professional skills in the relevant fiThe EMFF should contribute to job creation by funding the creation of enterprises in the fisheries sector and the training activities required to learn the suitable professional skills. The EMFF may support investments and vocational skills training in other areas, including the maritime economy, provided that they seek to maintain or balance the socio- economic leveld outsidef a fishing activitiesrea.
Amendment 253 #
Proposal for a regulation
Recital 36
Recital 36
(36) In order to address health and safety needs on board, the EMFF should support investments covering health, safety and hygiene on board, as well as training for fishermen.
Amendment 316 #
Proposal for a regulation
Recital 43
Recital 43
(43) In line with the discard ban introduced by the CFP, the EMFF should support investments on board aiming at make the best use of unwanted fish caught and valorise underused components of the fish caughtorder to significantly reduce discards, the EMFF should support investments on board that restrict the maximum unwanted catches, as well as vocational training for fisherman in this area. Considering the scarcity of the resources, in order to maximise the value of the fish caught, the EMFF should also support the charitable donation of unwanted catches landed and investments on board aiming at adding commercial value to fish caught.
Amendment 360 #
Proposal for a regulation
Recital 51
Recital 51
(51) Investment in human capital is also vital to increase the competitiveness and economic performance of aquaculture activities. Therefore, the EMFF should support the training of new professionals, lifelong learning and networking stimulating the dissemination of knowledge as well as advisory services helping to improve the overall performance and competitiveness of operators.
Amendment 443 #
Proposal for a regulation
Recital 89
Recital 89
(89) Member States should adopt adequate measures to guarantee the proper functioning of management and control systems. To that end, a managing authority, a paying agency and a certification body should be designated for each operational programme and their responsibilities should be specified. Theshe responsibilities should relate primarily to the sound financial implementation, organisation of evaluation, certification of expenditure, audit and compliance with Union law. Provision should be made for regular meetings between the Commission and the national authorities concerned in order to monitor the assistance. With respect to management and control it is necessary, in particular, to establish the modalities by which Member States give the assurance that the systems are in place and function satisfactorily.
Amendment 466 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) the sustainable development of fisheries areas and, inland fishing, and aquaculture;
Amendment 530 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) promoting fisheries and aquaculture that are socially, environmentally and economically sustainable and competitive fisheries and aquaculture;
Amendment 572 #
Proposal for a regulation
Article 6 – paragraph 1 – point 1 – point a
Article 6 – paragraph 1 – point 1 – point a
(a) promotion of economic growth, social inclusion, creation of jobs and supporting labour mobility and employability in coastal and inland communities depending on fishing and aquaculture, with special measures for the outermost regions;
Amendment 612 #
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point b
Article 6 – paragraph 1 – point 2 – point b
(b) enhancement of the competitiveness and viability of fisheries, in particular of small scale coastal fleet, and improvement of hygiene, safety orand working conditions;
Amendment 686 #
Proposal for a regulation
Article 6 – paragraph 1 – point 5 a (new)
Article 6 – paragraph 1 – point 5 a (new)
(5 A) support for the processing industry.
Amendment 726 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) operators involved in thewho operatione, management or ownership of fishing vessels included in the Union IUU vessel list as set out in Article 40(3) of the Regulation (EC) No 1005/2008;
Amendment 812 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. EUR 4 535 000 000 of the resources referred to in paragraph (1) shall be allocated to the sustainable development of fisheries, aquaculture and fisheries areas under Chapters I, II, III, IV and IIIV of Title V, with the exception of Article 70.
Amendment 836 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. EUR 45 000 000 of the resources referred to in paragraph (1) shall be allocated to the storage aid referred to in Article 72 from 2014 to 201820 included.
Amendment 989 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. In order to stimulate innovation in fisheries, the EMFF may support projects aiming at developing or introducing new or substantially improved products compared to the state of art of the catch, and of the processing and/or marketing industry, new or improved processes, new or improved management and organisation systems.
Amendment 1045 #
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
(a) lifelong learning, young people’s access to fishing activity, dissemination of scientific knowledge and innovative practices, and acquisition of new professional skills in particular linked to the sustainable management of marine ecosystems, activities in the maritime sector, innovation, the provision of environmental services, educational activities, tourism and entrepreneurship;
Amendment 1078 #
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. In order to facilitate diversification and job creation, the EMFF may support business start-ups outside fishing, in the EMFF may support:fisheries sector and the development of complementary activities linked to fishing or to the maritime economy or others promoting the economic and social development of fisheries areas.
Amendment 1082 #
Proposal for a regulation
Article 32 – paragraph 1 – point a
Article 32 – paragraph 1 – point a
Amendment 1092 #
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
Amendment 1112 #
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. Support under paragraph 1 (a) shall be granted to fishermen who:
Amendment 1118 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 1135 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Beneficiaries of the support referred to in paragraph 1 shall not engage in professional fishing in the five years following the reception of the last payment of the support, otherwise they shall have to repay ‘pro rata temporis’ the support received.
Amendment 1139 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
Amendment 1150 #
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The amount of financial assistance granted under paragraph 1 (a) shall not exceed 50% of the budget foreseen in the business plan for each operation and shall not exceed a maximum amount of 50 000 EUR for each operation.
Amendment 1161 #
Proposal for a regulation
Article 33 – title
Article 33 – title
Health, hygiene and safety on board
Amendment 1395 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Support shall notonly be granted to owners of fishing vessels and contribute to the replacement or modernisation of main or ancillary engines. Support shall only be granted to owners of fishing vessels and not more than once during the programming period for the same fishing vessel, provided that there is no increase in fishing capacity, thus with the aim of increasing energy efficiency and reducing operating costs.
Amendment 1459 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. In order to facilitate the use of unwanted catches the EMFF may support investments in fishing ports and landing sitesThe investments shall relate, in particular, to: a) improving the quality and freshness of the product landed; b) improving landing, processing, storage and auction conditions; c) measures to reduce unwanted catches and which enable to make the best use of unwanted catches of commercial stocks, if any are landed, particularly for charitable purposes, and which valorise under-used components of the fish caught, in line with Article 15 of the [Regulation on Common Fisheries Policy] and Article 8(b) of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products]; d) energy efficiency; e) environmental protection, particularly the collection, storage and treatment of waste and marine litter; f) improving safety and working conditions; g) the provision of fuel, ice, water and electricity; h) equipment for the repair and maintenance of fishing vessels; i) construction, modernisation and extension of quays improving safety during landing or loading; j) computerised management of fishing activities; k) the networking of fishing ports, landing sites and auction halls.
Amendment 1532 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Where operations consist of investments in equipment or infrastructure ensuring compliance with requirements on the environment, human or animal health, hygiene or animal welfare under Union law, and entering into force after 2014, may be granted until the date on which the standards become mandatory for the enterprises.
Amendment 1616 #
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) diversification of the income of aquaculture enterprises through the development of complementary activities outside aquaculture.
Amendment 1630 #
Proposal for a regulation
Article 48 – paragraph 2 – point d
Article 48 – paragraph 2 – point d
(d) health, hygiene and safety standards based on Union and national legislation;
Amendment 1653 #
Proposal for a regulation
Article 49 – paragraph 1 – point a
Article 49 – paragraph 1 – point a
(a) lifelong learning, training of new professionals, dissemination of technical and scientific knowledge and innovative practices and acquisition of new professional skills in aquaculture;
Amendment 1664 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
Amendment 1679 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
Amendment 1709 #
Proposal for a regulation
Article 52 – paragraph 1 – point b
Article 52 – paragraph 1 – point b
(b) limiting the negative impact of aquaculture enterprises on nature, and promoting environmental protection or biodiversity;
Amendment 1732 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. Support shall take the form of compensation for a maximum of twofive years during the period of the conversion of the enterprise to organic production or during the preparation for participation in the EMAS scheme.
Amendment 1760 #
Proposal for a regulation
Article 55 – paragraph 2 – point a
Article 55 – paragraph 2 – point a
a) it lasts for more than fourone months consecutively; or
Amendment 1776 #
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. Support may also be granted to public law bodies, professional or aquaculture organisations.
Amendment 1817 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
Financial support under this Chapter shall contribute to the achievement of the Union priorities identified in Article 6(1) to (5).
Amendment 2006 #
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) for the processing of surplus species of limited or no commercial interest;
Amendment 2041 #
Proposal for a regulation
Article 72 – paragraph 1 a (new)
Article 72 – paragraph 1 a (new)
1a. leading to new or improved products, new or improved processes or new or improved management and organisation systems.
Amendment 2047 #
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
Amendment 2052 #
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. The EMFF may support the compensation regime introduced by Council Regulation (EC) No 791/2007 for the additional costs incurred by the operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the Azores, Madeira, the Canary Islands, French Guiana, and Réunion.
Amendment 2090 #
Proposal for a regulation
Article 78 – paragraph 2 a (new)
Article 78 – paragraph 2 a (new)
2a. Operating costs arising from enhanced control of stocks subject to control and inspection programmes.
Amendment 2104 #
Proposal for a regulation
Article 79 – paragraph 2 – point a a (new)
Article 79 – paragraph 2 – point a a (new)
(aa) the purchase and/or development of technology, including computer hardware and software required for the collection, management and use of data mentioned above.
Amendment 2199 #
Proposal for a regulation
Article 92 – paragraph 1 – introductory part
Article 92 – paragraph 1 – introductory part
1. The EMFF may support, at the initiative of a Member State, subject to a ceiling of 56 % of the total amount of the operational programme:
Amendment 2202 #
Proposal for a regulation
Article 92 – paragraph 3
Article 92 – paragraph 3
3. Costs of certification body shall not be eligible under paragraph 1.
Amendment 2250 #
Proposal for a regulation
Article 97
Article 97
Amendment 2252 #
Proposal for a regulation
Article 98 – paragraph 3 – point a
Article 98 – paragraph 3 – point a
(a) transmission to the Commission of a declaration of expenditure signed by the accredited paying agency, in accordance with Article 124(1)(c)certification authority;
Amendment 2256 #
Proposal for a regulation
Article 98 – paragraph 4
Article 98 – paragraph 4
4. If one of the requirements laid down in paragraph 3 is not met, the Commission shall forthwith inform the accredited paying agency. If one of the requirement laid down in point (a) or (c) of paragraph 3 is not met, the declaration of expenditure shall be inadmissiblecertification authority.
Amendment 2260 #
Proposal for a regulation
Article 98 – paragraph 6 – subparagraph 1
Article 98 – paragraph 6 – subparagraph 1
Amendment 2263 #
Proposal for a regulation
Article 98 – paragraph 6 – subparagraph 2
Article 98 – paragraph 6 – subparagraph 2
Amendment 2266 #
Proposal for a regulation
Article 99 – paragraph 1
Article 99 – paragraph 1
1. After receiving the last annual progress report on the implementation of an operational programme, the Commission shall pay the balance, subject to resource availability, on the basis of the financial plan in force, the annual accounts for the last execution year for the relevant operational programme and of the corresponding clearance decision. Those accounts shall be presented to the Commission no later than 6nine months after the final eligibility date of expenditure and shall cover the expenditure incurred by the paying agency up to the last eligibility date of expenditure.
Amendment 2270 #
Proposal for a regulation
Article 101 – paragraph 4
Article 101 – paragraph 4
4. When the euro becomes the currency of a Member State, the conversion procedure set out in the paragraph 3 shall continue to apply to all expenditure recorded in the accounts by the paying agenccertification authority before the date of entry into force of the fixed conversion rate between the national currency and the euro.
Amendment 2273 #
Proposal for a regulation
Article 102 – paragraph 1
Article 102 – paragraph 1
1. In addition to the general rules set out in Article 55(1) of [Regulation (EU) No [...] laying down Common Provisions], pPayments by beneficiaries shall be supported by invoices and documents proving payment.
Amendment 2282 #
Proposal for a regulation
Article 105 – paragraph 2
Article 105 – paragraph 2
Amendment 2290 #
Proposal for a regulation
Article 106 – paragraph 1
Article 106 – paragraph 1
Member States shall ensure that a management and control system has been set up for the operational programme ensuring a clear allocation and separation of functions between the managing authority, the paying agency and the certification bodauthority. Member States shall be responsible for ensuring that the system functions effectively throughout the programme period.
Amendment 2295 #
Proposal for a regulation
Article 107 – paragraph 1 – point b
Article 107 – paragraph 1 – point b
(b) the accredited paying agency within the meaning of Article 109certification authority that certifies the statements of expenditure and payment claims to the Commission;
Amendment 2298 #
Proposal for a regulation
Article 107 – paragraph 1 – point c
Article 107 – paragraph 1 – point c
(c) the certification body within the meaning of Article 112audit authority.
Amendment 2301 #
Proposal for a regulation
Article 107 – paragraph 2
Article 107 – paragraph 2
2. Member States shall clearly define the tasks of the managing authority, the paying agency and, under sustainable local development, the local action groups referred to in Article 62 with regard to the application of eligibility and selection criteria and the project selection procedure.
Amendment 2311 #
Proposal for a regulation
Article 108 – paragraph 1 – point c – point i
Article 108 – paragraph 1 – point c – point i
(i) are informed of their obligations resulting from the aid granted, and maintain either a separate accounting system or an adequate accounting code for all transactions relating to the operation, in accordance with national accounting requirements;
Amendment 2315 #
Proposal for a regulation
Article 108 – paragraph 1 – point h
Article 108 – paragraph 1 – point h
(h) ensuring that the paying agenccertification authority receives all necessary information, in particular on the procedures operated and any controls carried out in relation to operations selected for funding, before payments are authorised;
Amendment 2320 #
Proposal for a regulation
Article 109
Article 109
Accreditation and withdrawal of accreditation of paying agency 1. The paying agency shall be a dedicated department or body of the Member States responsible for the management and control of expenditure. With the exception of payment, the execution of those tasks may be delegated. 2. Member States shall accredit as paying agencies departments or bodies which fulfil the accreditation criteria to be laid down by the Commission pursuant to Article 111(2). 3. The person in charge of the accredited paying agency shall draw up the information listed in Article 75(1)(a), (b) and (c) of the [Regulation (EU) No [...] laying down Common Provisions]. 4. Where an accredited paying agency does not meet or no longer meets one or more of the accreditation criteria referred to in paragraph 2, the Member State shall withdraw its accreditation unless the paying agency makes the necessary changes within a period to be determined according to the severity of the problem. 5. The paying agencies shall manage and ensure control of the operations linked to public intervention for which they are responsible and they shall retain overall responsibility in that field.rticle 109 deleted
Amendment 2326 #
Proposal for a regulation
Article 111
Article 111
Amendment 2330 #
Proposal for a regulation
Article 112 – title
Article 112 – title
Amendment 2333 #
Proposal for a regulation
Article 112 – paragraph 1
Article 112 – paragraph 1
1. The certification bodaudit authority shall be a public or private audit body designated by the Member State which shall provide an opinion on the management declaration of assurance covering the completeness, accuracy and veracity of the annual accounts of the paying agency, the proper functioning of its internal control system, the legality and regularity of the underlying transactions, as well as the respect of the principle of sound financial management. It shall be operationally independent from the paying agency concerned, the managing authority and the authority which has accredited that paying agencmanaging authority and the certification authority.
Amendment 2339 #
Proposal for a regulation
Article 114 – paragraph 8
Article 114 – paragraph 8
Amendment 2342 #
Proposal for a regulation
Article 115 – paragraph 2
Article 115 – paragraph 2
Amendment 2349 #
Proposal for a regulation
Article 118 – paragraph 1
Article 118 – paragraph 1
In addition to the elements allowing for interruption listed in Article 74(1)(a) to (c) of [Regulation (EU) No [...] laying down Common Provisions], the authorising officer by delegation within the meaning of the [Financial Regulation] may interrupt the payment deadline for an interim payment claim for a maximum period of ninesix months if the Commission has adopted a decision by means of implementing act recognising that there is evidence to suggest that there is a case of non compliance by a Member State with obligations under the Common Fisheries Policy which shall be liable to affect the expenditure contained in a certified statement of expenditure for which the interim payment is requested;
Amendment 2354 #
Proposal for a regulation
Article 119 – paragraph 1 – point f
Article 119 – paragraph 1 – point f
Amendment 2357 #
Proposal for a regulation
Article 120 – paragraph 1
Article 120 – paragraph 1
Amendment 2361 #
Proposal for a regulation
Article 123 – paragraph 1
Article 123 – paragraph 1
The accredited paying agencmanaging authority along with the other authorities shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by Union legislation, and shall make the documents and information available to the Commission.
Amendment 2364 #
Proposal for a regulation
Article 123 – paragraph 2
Article 123 – paragraph 2
Amendment 2367 #
Proposal for a regulation
Article 124
Article 124
Amendment 2370 #
Proposal for a regulation
Article 125 – paragraph 1 – introductory part
Article 125 – paragraph 1 – introductory part
Member States shall send to the Commission, on the date indicated, the following information, declarations and documents:
Amendment 2373 #
Proposal for a regulation
Article 125 – paragraph 1 – point a – introductory part
Article 125 – paragraph 1 – point a – introductory part
(a) for accredited paying agencymanaging authorities:
Amendment 2376 #
Proposal for a regulation
Article 125 – paragraph 1 – point a – point i
Article 125 – paragraph 1 – point a – point i
(i) its accreditation documentname;
Amendment 2379 #
Proposal for a regulation
Article 125 – paragraph 1 – point a – point iii
Article 125 – paragraph 1 – point a – point iii
Amendment 2382 #
Proposal for a regulation
Article 125 – paragraph 1 – point b
Article 125 – paragraph 1 – point b
Amendment 2384 #
Proposal for a regulation
Article 125 – paragraph 1 – point c – point i
Article 125 – paragraph 1 – point c – point i
(i) declarations of expenditure, which also act as payment requests, signed by the accredited paying agency and accompanied by the requisite information;
Amendment 2387 #
Proposal for a regulation
Article 125 – paragraph 1 – point c – point iii
Article 125 – paragraph 1 – point c – point iii
(iii) the management declaration of assurance and the annual accounts of the accredited paying agencies;
Amendment 2391 #
Proposal for a regulation
Article 127 – paragraph 1 – point a – point ii
Article 127 – paragraph 1 – point a – point ii
(ii) management declaration of assurance and annual accounts of the paying agencies, as well as the results of all available audits and controls carried out;
Amendment 2394 #
Proposal for a regulation
Article 127 – paragraph 1 – point a – point iv
Article 127 – paragraph 1 – point a – point iv
(iv) the names and particulars of accredited paying agencies and certification bodmanaging and control authorities;
Amendment 2400 #
Proposal for a regulation
Article 128 – paragraph 6
Article 128 – paragraph 6
Amendment 2403 #
Proposal for a regulation
Article 131 – paragraph 1
Article 131 – paragraph 1
1. A common monitoring and evaluation system for EMFF operations under shared management shall be established with a view to measuring the performance of the EMFF. In order to ensure an effective performance measurement the Commission shall be empowered to adopt delegated acts in accordance with Article 150 regarding the content and construction of that framework.
Amendment 2410 #
Proposal for a regulation
Article 137 – paragraph 1 – point a
Article 137 – paragraph 1 – point a
(a) shall be consulted and issue an opinion, within foursix months of the decision approving the programme, on the selection criteria for the financed operations; the selection criteria shall be revised according to programming needs;
Amendment 2418 #
Proposal for a regulation
Article 143 – paragraph 1 – introductory part
Article 143 – paragraph 1 – introductory part
1. The paying agencmanaging authority, in collaboration with the managing authority, shall be responsible in accordance with Article 108(1)(i) for:
Amendment 2429 #
Proposal for a regulation
Article 143 – paragraph 2 – subparagraph 2
Article 143 – paragraph 2 – subparagraph 2
The list of operations shall be updated at least every three monthsnnually.
Amendment 2451 #
Proposal for a regulation
Article 101 - paragraph 1
Article 101 - paragraph 1
In addition to the elements allowing for interruption listed in Article 74(1)(a) to (c) of [Regulation (EU) No [...] laying down Common Provisions], the authorising officer by delegation within the meaning of the [Financial Regulation] may interrupt the payment deadline for an interim payment claim if the Commission has adopted a decision by means of implementing act recognising that there is evidence to suggest, on a sound basis, that there is a case of non compliance by a Member State with obligations under the Common Fisheries Policy which shall be liable to affect the expenditure contained in a certified statement of expenditure for which the interim payment is requested.