48 Amendments of Carlos ITURGAIZ related to 2015/0289(COD)
Amendment 70 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) This Regulation also covers what are termed ‘dormant’ fisheries agreements, that is to say, those which have not been implemented by the necessary protocols. In line with Court of Auditors Special Report 11/2015 entitled ‘Are the Fisheries Partnership Agreements well managed by the Commission?’, it includes a provision allowing fishing operations to be authorised directly in cases where there is no protocol, on the understanding that such authorisation would be withdrawn if protocols were to enter into force.
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) Union fishing vessels operatingcarrying out fishing activities in waters under the sovereignty or jurisdiction of a third country, under the auspices of a regional fisheries management organisation, in or outside Union waters, or on the high seas; and
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) third country fishing vessels operatingcarrying out fishing activities in Union waters.
Amendment 83 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘observer programme’ means a scheme under the auspices of a regional fisheries management organisation, or under a sustainable fisheries agreement, that provides observers on board fishing vessels under certain conditions to verify the vessel’s compliance with the rules adopted by that organisation.
Amendment 85 #
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘contracting party’ means a contracting party to the international convention or agreement establishing a regional fisheries management organisation, as well as States, fishing entities or any other entities that cooperate with such an organisation and have been granted cooperating non- contracting party status with respect to such an organisation;
Amendment 88 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) it has received complete and accurate information, in accordance with the Annexes 1 and 2, about the fishing vessel and the associated support vessel(s), including non- Union support vessels;
Amendment 91 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the fishing vessel and any associated support vessel have an IMO number, where this is required by Union legislation;
Amendment 92 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 105 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. This article applies to vessels that within the five years of the date ofpreceding the application for a fishing authorisation have:
Amendment 108 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) subsequently returned to the Union fishing fleet register within 24 month years from the date of leaving it.
Amendment 111 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) it did not operate in waters of a non-cooperating third country pursuant to Articles 31 and 33 of Council Regulation (EC) No 1005/2008.
Amendment 114 #
Proposal for a regulation
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) in a third country which became identified or listed as a non-cooperating country in combatting IUU fishing pursuant to Articles 31 and 33 of Council Regulation (EC) No 1005/2008; or
Amendment 123 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Upon a reasoned request from the Commission, a flag Member State shall refuse, suspend or withdraw the authorisation in cases of overriding policy reasons pertaining: (a) of imperative grounds of urgency related to a serious threat to the sustainable exploitation, management and conservation of marine biological resources or the; (b) where this is essential in order to prevention or suppression of illegal, unreported or unregulated fishing,; (c) or in cases where the Union has decided to suspend or sever relations with the third country concerned. Measures under point (a) shall remain in operation for a maximum period of six months, which may be reviewed if the conditions set out therein continue to apply.
Amendment 133 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. If within one month a flag Member State fails to refuse, amend, suspend or withdraw the authorisation in accordance with paragraphs 4 and 5, the Commission may decide, upon further request to the Member State, may decide after five days to withdraw the authorisation and shall notify the flag Member State and the operator accordingly.
Amendment 137 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
A Union fishing vessel may only carry out fishing activities in waters of a third country on stocks managed by an RFMO if this country is a contracting party or non- contracting cooperating party to that RFMO. Where sustainable fisheries agreements have been concluded before the adoption of this Regulation, this provision shall apply four years after its entry into force.
Amendment 139 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
The Union may allocate a proportion of sectoral support funding to third countries with which it has sustainable fisheries agreements, in order to help those countries join regional fisheries organisations.
Amendment 141 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) by its flag Member Statthe third country with sovereignty or jurisdiction over the waters where the fishing activities take place; and
Amendment 142 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) by the third country with sovereignty or jurisdiction over the waters where the activities take place its flag Member State.
Amendment 148 #
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) the operator has paid all fees and, where applicable, the final financial penalties claimimposed by the third country competent authority over the past 12 mounder fisheries agreemenths.
Amendment 150 #
Proposal for a regulation
Article 11 – paragraph 1 – point c a (new)
Article 11 – paragraph 1 – point c a (new)
(ca) the fishing vessel has an authorisation from the third country.
Amendment 151 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Once it has issued a fishing authorisation, a flag Member Statea flag Member State has ascertained that the conditions set out in Article 11(a), (b), and (c) are met, it shall send the Commission the corresponding application forto obtain the third country’s authorisation.
Amendment 152 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The application referred to in paragraph 1 shall contain the information listed in the Annexes 1 and 2 together with any other data required under the sustainable fisheries partnership agreement.
Amendment 155 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. When it is satisfied that the conditions set out in Article 11(a), (b), and (c) are met, the Commission shall send the application to the third country. before the deadline for the transmission of applications laid down in the sustainable fisheries partnership agreement.
Amendment 158 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 166 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. On the basis of the information provided by Member States in accordance with paragraphs 4 or 5, the Commission shall reallocate, solely on a temporary basis, the unused fishing opportunities on a temporary basis by applying the methodology set out in Article 14.
Amendment 170 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Amendment 171 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission may lay down, by means of implementing acts, a methodology for the temporary reallocation of unused fishing opportunities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 45(2).
Amendment 177 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
Amendment 178 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) by its flag Member Statthe third country with sovereignty or jurisdiction over the waters where the activities take place; and
Amendment 179 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) by the third country with sovereignty or jurisdiction over the waters where the activities take placits flag Member State.
Amendment 182 #
Proposal for a regulation
Article 18 – paragraph 1 – point a a (new)
Article 18 – paragraph 1 – point a a (new)
(aa) there is a fisheries agreement but it has not been implemented by the corresponding fisheries protocol within three years of its entry into force; if a fisheries protocol is concluded, the direct authorisations are to be withdrawn once the protocol comes into force;
Amendment 194 #
Proposal for a regulation
Article 18 – paragraph 1 – point c – indent 2 – indent 1
Article 18 – paragraph 1 – point c – indent 2 – indent 1
– a scientific evaluation providedcarried out by the third country and/or by a regional fisheries management organisation; andor in partnership with it and submitted for examination by the national scientific institute of the flag Member State; or
Amendment 197 #
Proposal for a regulation
Article 18 – paragraph 1 – point c – indent 2 – indent 2
Article 18 – paragraph 1 – point c – indent 2 – indent 2
– an examination of the latter by the flag Member State on the basis of the assessment of its national scientific evaluation provided by a regional fisheries management organisation or other regional body with scientific institutecompetences;
Amendment 203 #
Proposal for a regulation
Article 18 – paragraph 1 – point d a (new)
Article 18 – paragraph 1 – point d a (new)
(da) the fishing vessel has an authorisation from the third country.
Amendment 204 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Once it has issued a fishing authorisationestablished compliance with the requirements laid down in Article 18, a flag Member State shall send the Commission the relevant information listed in the Annexes 1 and 2, and in Article 18.
Amendment 205 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. If the Commission has not requested further information or justification within 150 calendar days of the transmission of the information referred to in paragraph 1, the flag Member State shall inform the operator that it may start the fishing activities in question, provided it has been granted the direct authorisation by third country as well.
Amendment 207 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. If, following the request for further information or justification referred to in paragraph 2, the Commission finds that the conditions in Article 18 are not met, it may object to the granting of the fishing authorisation within twoat the latest one months of receipt of all the required information or justification.
Amendment 209 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. Notwithstanding paragraphs 1 to 3, if within a period of no more than three years a fishing authorisation is renewed on the same terms and conditions as agreed in the initial licence, the Member State shall issue the authorisation directly once it has established compliance with the conditions laid down in Article 18 and shall inform the European Commission without delay.
Amendment 224 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
A flag Member State shall notify the fishing authorisation to the Commission at least 15 calendar days before the start of the planned fishing activities on the high seas, providing the information in the Annexes 1 and 2.
Amendment 233 #
Proposal for a regulation
Article 31 – paragraph 3 a (new)
Article 31 – paragraph 3 a (new)
3a. Paragraph 3 shall not apply in the event of data not being forwarded on account of a duly justified case of force majeure.
Amendment 237 #
Proposal for a regulation
Article 33 – paragraph 1 – point a
Article 33 – paragraph 1 – point a
(a) the information in the Annexes 1 and 2 about the fishing vessel and the associated support vessel(s) is complete and accurate; the vessel and any associated support vessel(s) have an IMO number; when so required under European Union legislation;
Amendment 238 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
Amendment 240 #
Proposal for a regulation
Article 33 – paragraph 1 – point d a (new)
Article 33 – paragraph 1 – point d a (new)
(da) the third country is not listed as a non-cooperating country in accordance with Regulation (EC) No 1005/2008 or does not permit sustainable fishing by virtue of Regulation (EC) No 1020/2012.
Amendment 245 #
Proposal for a regulation
Article 38 – paragraph 6 – subparagraph 2
Article 38 – paragraph 6 – subparagraph 2
Amendment 246 #
Proposal for a regulation
Article 39 – title
Article 39 – title
Amendment 249 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. The Commission shall set up and maintain an electronic Unionregister of fishing authorisation registers issued under Titles II and III, made of a public part and a secure part. That register shall:
Amendment 259 #
Proposal for a regulation
Annex I
Annex I
List of informationdata to be provided for issuing a fishing authorisation I APPLICANT 1 Name of the economic 2 Email* 3 Address 4 Fax 5 6 Telephone 7 Name of the agent (according to 8 Email* 9 Address 10 Fax 11 Telephone 12 Name of association or agentI APPLICANT 1 Vessel identifier (CFR, IMO, operator* IRCS, ….) 1a Vessel name 1b Name of owner 2 Email* 3 Address 4 Fax Tax number (SIRET, NIF ...)* 6 Telephone 7 Name of the economic operator protocol’s provisions)* 8 Email* 9 Address 10 Fax 11 Telephone 12 Name of association or agent representing the economic representing the economic operator* operator* 13 Email* 14 Address 15 Fax 16 Telephone 17 Name(s) of master(s)* 18 Email* 19 Nationality*Address 20 Fax 21 Telephone II [...] III FISHING CATEGORY FOR 49 Vessel type FAO code* 50 G21a Method of fish preservation on board deleted II FISHING AUTHORISATION WHICH FISHING INFORMATION AUTHORISATION IS REQUESTED 49 Fishing authorisation type: - charter: - direct authorisation: - high seas: - support activities: 50 Authorised gear type FAO code* 53 FAuthorised fishing Aareas FAO code* 54 Fishing Divisions - FAO - or 55 Landing port(s) 56Area of operation or Third Costal State* Party: - high seas: - coastal state(s): 55 Landing port(s) Transhipment port(s) 57 Target Species FAO code orFishing category (SFPA)* 58 Authorisation period requested 59 60 61 62 63 64 65 IV [...](start and end dates) start date RFMOs register number* (when known) Date of entry into the RFMO register* (when known) Maximum total crew size*: From [PARTNER COUNTRY]: From the ACP: Method of fish preservation/transformation on board*: Fresh fish/Cooling/Freezing/Fish meal/Oil/Filleting List of support vessels: name/IMO number/ CFR number 58a Authorisation period requested end date deleted
Amendment 261 #
Proposal for a regulation
Annex II
Annex II