35 Amendments of Rosa MIGUÉLEZ RAMOS related to 2008/0216(CNS)
Amendment 47 #
Proposal for a regulation
Article 1
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.
Amendment 49 #
Proposal for a regulation
Article 2 – introductory wording
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
Amendment 50 #
Proposal for a regulation
Article 4 – point 1
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;
Amendment 51 #
Proposal for a regulation
Article 4 – point 3
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.)
Amendment 52 #
Proposal for a regulation
Article 4 – point 4
Article 4 – point 4
(4) "Control" means monitoring, surveillance, and inspection and enforcementthat ensure compliance with the rules;
Amendment 55 #
Proposal for a regulation
Article 4 – point 7
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;
Amendment 57 #
Proposal for a regulation
Article 4 – point 8
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;
Amendment 59 #
Proposal for a regulation
Article 4 – point 17
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;
Amendment 68 #
Proposal for a regulation
Article 5 – paragraph 1
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.
Amendment 70 #
Proposal for a regulation
Article 5 – paragraph 4
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.
Amendment 71 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 76 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
d) a scheme of progressive reduction of discards;eleted
Amendment 77 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
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;
Amendment 81 #
Proposal for a regulation
Article 9 – paragraph 2
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.
Amendment 87 #
Proposal for a regulation
Article 9 – paragraph 6 – point a
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
Amendment 96 #
Proposal for a regulation
Article 14 – paragraph 1
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.
Amendment 105 #
Proposal for a regulation
Article 14 – paragraph 3
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 %.
Amendment 108 #
Proposal for a regulation
Article 15 – paragraph 1
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
Amendment 111 #
Proposal for a regulation
Article 15 – paragraph 2
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.
Amendment 117 #
Proposal for a regulation
Article 17
Article 17
Amendment 127 #
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 131 #
Proposal for a regulation
Article 21 – paragraph 2
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.
Amendment 137 #
Proposal for a regulation
Article 21 – paragraph 4
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.
Amendment 139 #
Proposal for a regulation
Article 24
Article 24
Amendment 140 #
Proposal for a regulation
Article 25 – paragraph 1
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.
Amendment 141 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 142 #
Proposal for a regulation
Article 26 – paragraph 3
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.
Amendment 151 #
Proposal for a regulation
Article 28 a (new)
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.
Amendment 262 #
Proposal for a regulation
Article 97 – paragraph 1 – introductory wording
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:
Amendment 264 #
Proposal for a regulation
Article 97 – paragraph 1 – table
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.
Amendment 266 #
Proposal for a regulation
Article 97 – paragraph 1 a (new)
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.
Amendment 268 #
Proposal for a regulation
Article 97 – paragraph 3
Article 97 – paragraph 3
Amendment 273 #
Proposal for a regulation
Article 98
Article 98
Amendment 277 #
Proposal for a regulation
Article 100
Article 100
Amendment 290 #
Proposal for a regulation
Article 112
Article 112
Regulation (EC) No 768/2005
Article 17a – paragraph 1 – subparagraph 1
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,