BETA

35 Amendments of Rosa MIGUÉLEZ RAMOS related to 2008/0216(CNS)

Amendment 47 #
Proposal for a regulation
Article 1
This Regulation establishes a Community system for control, monitoring, surveillance, inspection, and enforcement (hereinafter to be referred to as "Community control system") ofwith the aim of guaranteeing compliance with the rules of the Common Fisheries Policy.
2009/03/10
Committee: PECH
Amendment 49 #
Proposal for a regulation
Article 2 – introductory wording
This Regulation shall apply to all fishing activities carried out on the territory of Member States or in Community waters or by Community fishing vessels or, without prejudice to the primary responsibility of the flag State, nationals of Member States, which relate to
2009/03/10
Committee: PECH
Amendment 50 #
Proposal for a regulation
Article 4 – point 1
(1) "Fishing activity" means searching for fish, shooting, setting, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, landing, processing on board, transferring and cag, caging and fattening of fish and fishery products;
2009/03/10
Committee: PECH
Amendment 51 #
Proposal for a regulation
Article 4 – point 3
(3) "Activities covered by the Common Fisheries Policy" means conservation, management and exploitation of living aquatic resources, aquaculture and processing, transport and marketing of fishery and aquaculture products;Does not affect English version.)
2009/03/10
Committee: PECH
Amendment 52 #
Proposal for a regulation
Article 4 – point 4
(4) "Control" means monitoring, surveillance, and inspection and enforcementthat ensure compliance with the rules;
2009/03/10
Committee: PECH
Amendment 55 #
Proposal for a regulation
Article 4 – point 7
(7) "Fishing licence" means an official document conferring on its holder the right, as determined by national rules, to use a certain fishing capacitycarry out fishing activity with a particular type of gear for the commercial exploitation of living aquatic resources. It contains minimum requirements concerning the identification, technical characteristics and fitting out of a Community fishing vessel;
2009/03/10
Committee: PECH
Amendment 57 #
Proposal for a regulation
Article 4 – point 8
(8) "Fishing authorisation" means a fishing authorisation issued in respect of a Community fishing vessel in addition to its fishing licence, entitling it to carry out fishing activities in Community waters in general and/or specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;
2009/03/10
Committee: PECH
Amendment 59 #
Proposal for a regulation
Article 4 – point 17
(17) "Processing" means the process by which the presentation was prepared. It includes cleaning, filleting, icing, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;
2009/03/10
Committee: PECH
Amendment 68 #
Proposal for a regulation
Article 5 – paragraph 1
1. Member States shall control the activities carried out by any natural or legal person within the scope of the Common Fisheries Policy on their territory and within waters subject to their sovereignty or jurisdiction, and those carried out by their nationals within waters not subject to their sovereignty or jurisdiction, in particular fishing, transhipments, transfer of fish to cages or aquaculture installations including fattening installations, landing, import, transport, marketing and storage of fishery products.
2009/03/10
Committee: PECH
Amendment 70 #
Proposal for a regulation
Article 5 – paragraph 4
4. Each Member State shall ensure that control, inspection, monitoring, surveillance and enforcement is carried out on a non-discriminatory basis as regards the sectors, vessels or persons chosen for inspection, and on the basis of risk management.
2009/03/10
Committee: PECH
Amendment 71 #
Proposal for a regulation
Article 5 – paragraph 6
6. The payment of contributions from the European Fisheries Fund pursuant to Council Regulation (EC) No 1198/2006 and of Community financial contributions to measures referred to in Article 8, paragraph a, of Council Regulation (EC) No 861/2006 shall be conditional upon respect by the Member States of their obligation to ensure compliance with and enforcement of the rules on conservation, control, inspection and enforcement under the Common Fisheries Policy related to, or having an impact on the effectiveness of, the measures being financed, and to operate and maintain an effective inspection, monitoring, surveillance and enforcement regime to this effect.deleted
2009/03/10
Committee: PECH
Amendment 76 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
d) a scheme of progressive reduction of discards;eleted
2009/03/10
Committee: PECH
Amendment 77 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
f) fishing activities with bottom gears in areainternational waters not under the responsibility of a Regional Fisheries Management Organisation;
2009/03/10
Committee: PECH
Amendment 81 #
Proposal for a regulation
Article 9 – paragraph 2
2. A fishing vessel exceeding 105 meters length overall shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified through the Vessel Monitoring System by transmitting position data at regular intervals. It shall also allow the Fisheries Monitoring Centre of the flag Member State to poll the fishing vessel. For vessels exceeding 10 meters length and up to 15 meters length overall this paragraph shall apply as from 1 January 2012.
2009/03/10
Committee: PECH
Amendment 87 #
Proposal for a regulation
Article 9 – paragraph 6 – point a
a) operate exclusively within the territorial seas of the flag Member Statinside the baselines of Member States or are non-fishing vessels performing auxiliary tasks in fisheries and aquaculture or
2009/03/10
Committee: PECH
Amendment 96 #
Proposal for a regulation
Article 14 – paragraph 1
1. Without prejudice to specific rules, the masters of Community fishing vessels exceeding 10 meters length overall shall keep a logbook of their operations, indicating specifically all quantities greater than 150 kg of live-weight equivalent of each species caught and kept on board, the date and the relevant geographical area, expressed by reference to a sub-area and division or sub-division, or where applicable statistical rectangle in which catch limits apply pursuant to Community legislation, of these catches and the type of gear used. The quantities of each species discarded at sea shall also be recorded in the logbook. The accuracy of the data recorded in the logbook shall be the responsibility of the master.
2009/03/10
Committee: PECH
Amendment 105 #
Proposal for a regulation
Article 14 – paragraph 3
3. The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be 58 %.
2009/03/10
Committee: PECH
Amendment 108 #
Proposal for a regulation
Article 15 – paragraph 1
1. The master of a Community fishing vessel exceeding 105 meters length overall shall record by electronic means fisheries logbook information and shall send it by electronic means to the competent authority of the flag Member State at least once a day
2009/03/10
Committee: PECH
Amendment 111 #
Proposal for a regulation
Article 15 – paragraph 2
2. Paragraph 1 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 Julanuary 20110, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 1 Januaruly 20121. Community vessels up to 15 meters length overall may beA Member State may grant an exemptedion from this paragraph 1 if they: a) operate exclusivelyvessels are absent from port for 24 hours or less within the waterritorial seas of the flag Member State or b) never spend more than 24 hours at sea taken from the time of departure to the return to ports under its sovereignty or jurisdiction on condition that they do not land their catch outside the territory of the flag Member State.
2009/03/10
Committee: PECH
Amendment 117 #
Proposal for a regulation
Article 17
1. Without prejudice to specific provisions contained in multiannual plans, masters of Community fishing vessels or their representatives shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 4 hours before the estimated time of arrival at the port, unless the competent authorities have given permission for an earlier entry, of the following information: a) vessel identification; b) name of the designated port of destination and the purposes of the call, such as landing, transhipment, access to services; c) fishing authorisation or, where appropriate, authorisation to support fishing operations or to tranship fishery products; d) dates of the fishing trip and the areas in which the catches were taken; e) estimated date and time of arrival at port; f) the quantities of each species retained on board, including zero catches returns; g) the quantities for each species to be landed or transhipped. 2. A master of a Community fishing vessel, or his representative, who records logbook information by electronic means according to Article 15 shall transmit the prior notification referred to in paragraph 1 by electronic means to the competent authority of the flag Member State. The logbook information referred to in Article 14 and the prior notification referred to in paragraph 1 of this Article may be sent in one transmission if this transmission contains the required information regarding each of them. 3. When a Community fishing vessel intends to enter a port in a Member State other than the flag Member State and has transmitted the prior notification referred to in paragraph 1 by electronic means, the competent authorities of the flag Member State shall immediately upon receipt forward the prior notification referred to in paragraph 1 by electronic means to the competent authorities of the coastal Member State. 4. The Commission, in accordance with the procedure referred to in Article 111, may exempt certain categories of fishing vessels from the obligation set out in paragraph 1 for a limited period, which may be renewed, or make provision for another notification period taking into account, inter alia, the type of fishery products, the distance between the fishing grounds, landing places and ports where the vessels in question are registered.Article 17 deleted Prior notification
2009/03/10
Committee: PECH
Amendment 127 #
Proposal for a regulation
Article 19 – paragraph 1 – point b
b) if the transhipment has taken place in a port of another Member State, to the competent authorities of the port Member State concerndeleted.
2009/03/10
Committee: PECH
Amendment 131 #
Proposal for a regulation
Article 21 – paragraph 2
2. Without prejudice to specific provisions contained in multiannual plans, the master or his representative of a Community fishing vessel exceeding 105 meters length overall shall transmit landing declaration data by electronic means to the competent authorities of the flag Member State within 24 hours after completion of the landing.
2009/03/10
Committee: PECH
Amendment 137 #
Proposal for a regulation
Article 21 – paragraph 4
4. Paragraph 2 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 Julanuary 2011,0 and to Community fishing vessels exceeding 10 meters length and up tothose exceeding 15 meters length overall as from 1 Januaruly 20121. Community vessels up to 15 meters length overall may be exempted from paragraph 2 if they: a) operate exclusively within the territorial seas of the flag Member State or b) never spend more than 24 hours at sea taken from the time of departure to the return to portMember States may exempt their vessels from the application of paragraph 2 if they are absent from port for a period of 24 hours or less in waters subject to their sovereignty or jurisdiction, provided that they do not land their catches outside the territory of the flag Member State.
2009/03/10
Committee: PECH
Amendment 139 #
Proposal for a regulation
Article 24
1. Without prejudice to Article 23, the Member States of landing shall provide, at the request of another Member State, by electronic means, data on landings, sales, transhipments or transport of fishery products carried out in its ports or waters under its sovereignty or jurisdiction by fishing vessels flying the flag of the requesting Member State. 2. This information shall at least consist of the name and the external identification mark of the vessel in question, the quantities of fish by stock or group of stocks landed, sold or transhipped by that vessel as well as the date and place of landing, sale, transhipment or transport. This information shall be transmitted within four working days following the date of the request by the Member State unless otherwise agreed between the Member States concerned. 3. The Member State where the landing, sale, transhipment or transport has taken place shall transmit to the Commission, at its request, by electronic means, this information at the same time as it is communicated to the flag Member State of the vessel.Article 24 deleted Exchange of data
2009/03/10
Committee: PECH
Amendment 140 #
Proposal for a regulation
Article 25 – paragraph 1
1. A Member State shall inform the Commission, without delay, when it establishes thIf the Commission ascertains that, for a given Member State: a) the catches of a stock or group of stocks subject to a quota made by the fishing vessels flying its flag are deemed to have exhausted 80 % of that quota, or b) 80 % of the maximum fishing effort level for a fishing area and applicable to all or part of the fishing vessels flying its flag is deemed to have been reached, it may ask this Member State for more detailed and more frequent information than provided for in Article 23.
2009/03/10
Committee: PECH
Amendment 141 #
Proposal for a regulation
Article 25 – paragraph 2
2. In such an eventuality, it shall provide the Commission, at the Commission's request, with more detailed and more frequent information than provided for in Article 23.deleted
2009/03/10
Committee: PECH
Amendment 142 #
Proposal for a regulation
Article 26 – paragraph 3
3. The decision referred to in paragraph 2 shall be made public by the Member State concerned and immediately communicated to the Commission andwhich shall inform the other Member States. It shall be published in the Official Journal of the European Union (C series). As from the date that the decision has been made public by the Member State concerned, Member States shall ensureverify, with the aid of the corresponding documentation, that no retention on board, landings, cagings or transhipments of the relevant fish caught, since the date of closure, by vessels flying the flag of the Member State concerned take place in their waters and on their territory.
2009/03/10
Committee: PECH
Amendment 151 #
Proposal for a regulation
Article 28 a (new)
Article 28a Transfer of unused quotas 1. If all or part of the quotas for a Member State will not be used during the year in which they were granted, these quotas may be used, that same year, by other Member States. The Commission shall first of all inform the Member States concerned, asking them to confirm that they are not going to use these fishing opportunities. Following this confirmation, the Commission shall assess all the unused fishing opportunities and inform the Member States thereof, before taking the decision on their reallocation, in close cooperation with the Member States concerned. 2. The transmission of applications in accordance with this Article shall in no way affect the allocation of fishing opportunities or their exchange amongst Member States, in accordance with Article 20 of Regulation (EC) No 2371/2002. 3. Detailed rules for the application of this Article, and in particular those referring to the conditions for the use or transfer of quotas, shall be adopted in accordance with the procedure referred to in Article 111.
2009/03/10
Committee: PECH
Amendment 262 #
Proposal for a regulation
Article 97 – paragraph 1 – introductory wording
1. When the Commission has established that a Member State has overfished its quota, allocation or share of a stock or a group of stocks available to it the Commission shall operate deductions in the following year or years from the annual quota, allocation or share of the Member State which has overfished by applying a multiplying factor according to the following table:
2009/03/10
Committee: PECH
Amendment 264 #
Proposal for a regulation
Article 97 – paragraph 1 – table
Tablehe percentages in the Commission proposal shall be replaced by the brackets contained in Article 5(2) of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas.
2009/03/10
Committee: PECH
Amendment 266 #
Proposal for a regulation
Article 97 – paragraph 1 a (new)
1a. Notwithstanding the contents of the previous table, the penalty shall be linear when the quotas are less than 100 tonnes.
2009/03/10
Committee: PECH
Amendment 268 #
Proposal for a regulation
Article 97 – paragraph 3
3. If a Member State takes catches from a stock subject to a quota for which it has no quota, allocation or share of a stock or a group of stocks available to it, the Commission may deduct in the following year or years quotas for other stocks or groups of stocks available to that Member State in accordance with paragraph 1.deleted
2009/03/10
Committee: PECH
Amendment 273 #
Proposal for a regulation
Article 98
Deduction of quotas for failure to comply with the objectives of the Common 1. Where there is evidence that rules on conservation, control, inspection or enforcement under the Common Fisheries Policy are not being complied with by a Member State and that this may lead to a serious threat to the conservation of living aquatic resources or the effective operation of the Community control and enforcement system, the Commission may operate deductions from the annual quotas, allocations or shares of a stock or group of stocks available to that Member State. 2. The Commission shall inform in writing the Member State concerned of its findings and set a deadline of no more than 10 working days for the Member State to demonstrate that the fisheries can be safely exploited. 3. The measures referred to in paragraph 1 shall only apply if the Member State fails to respond to this request of the Commission within the deadline given in paragraph 2 or if the response is considered unsatisfactory or is clearly indicative of the fact that the necessary measures have not been implemented. 4. Detailed rules for the application of this article, and in particular for determining the quantities concerned, shall be adopted in accordance with the procedure referred to in Article 111.Article 98 deleted Fisheries Policy
2009/03/10
Committee: PECH
Amendment 277 #
Proposal for a regulation
Article 100
The Commission may exclude the possibility to exchange quotas according to Article 20 paragraph 5 of Regulation (EC) No 2371/2002: a) for quotas for which there was an overfishing of more than 10% of the quotas available to one of the Member State concerned in one of the immediately preceding two years or b) if the Member State concerned does not take appropriate measures to ensure a proper management of the fishing opportunities of the stocks concerned, in particular by not operating a computerized validation system as referred to in Article 102 or by insufficiently operating the systems providing the data for this validation system.Article 100 deleted Refusal of quota exchanges
2009/03/10
Committee: PECH
Amendment 290 #
Proposal for a regulation
Article 112
Regulation (EC) No 768/2005
Article 17a – paragraph 1 – subparagraph 1
1. Without prejudice to the enforcement powers conferred by the Treaty on the Commission, the Agency shall assist the Commission for the purpose of evaluating and controlling the application of the rules of the Common Fisheries Policy by the Member States. The Agency may, using its own resources, undertake inspections of public authorities and private operators in the Member States. For this purpose it may, in compliance with the legal provisions of the Member State concerned,
2009/03/10
Committee: PECH