671 Amendments of Struan STEVENSON
Amendment 13 #
2013/2017(BUD)
Draft opinion
Paragraph 7 a
Paragraph 7 a
7a. Believes that subsidised new build of fishing vessels is not acceptable under any circumstances, but subsidised modernisation of vessels is only acceptable if it is specifically for improving hygiene for on-board fish handling and crew safety purposes. Engine improvements or replacement should only be subsidised if they reduce C02 emissions and reduce engine power.
Amendment 44 #
2013/0074(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a framework for maritime spatial planning and integrated coastal management aiming at promoting the sustainable growth of maritime and coastal economies and the sustainable use of marine and coastal resources.
Amendment 49 #
2013/0074(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Within the Integrated Maritime Policy of the Union, this framework provides for the establishment and implementation by Member States of maritime spatial plans and of integrated coastal management strategies with the aim of meeting the objectives specified in Article 5.
Amendment 51 #
2013/0074(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The provisions of this Directive shall apply to marine waters and, for any integrated coastal management processes developed to comply with this Directive, coastal zones.
Amendment 53 #
2013/0074(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The provisions of this Directive shall be without prejudice to Member States' competences both for town and country planning and for addressing the relationship between terrestrial and marine matters.
Amendment 54 #
2013/0074(COD)
Proposal for a directive
Article 3 – point 2 a (new)
Article 3 – point 2 a (new)
2a. 'Integrated coastal management' is an informal process for adopting a joined-up approach towards the planning and management of the many different elements in coastal areas.
Amendment 57 #
2013/0074(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Establishment and implementation of maritime spatial plansning and integrated coastal management strategiprocesses
Amendment 58 #
2013/0074(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each Member State shall set out procedures to establish and implement a maritime spatial plan or plans and an integrated coastal management stning. The resulting maritime spatial plans may be prepared, established and implemented separategyly, or strategies. They may be prepared in separate documentsin a combined or hierarchical manner i.e. at national and/or sub-national level.
Amendment 61 #
2013/0074(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 62 #
2013/0074(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. When establishing maritime spatial plans andning and any integrated coastal management strategiesprocesses applied or developed in accordance with article 2.1, Member States shall give due regard to the particularities of the regions and the sub- regions, the respective sector activities, the marine waters and coastal zones concernand their impacts on the environment such as protecting, maintaining and enhancing invaluable coastal and shallow water natural resources such as seagrass meadows, kelp forests, maerl beds and potential climate change impactsalt marshes. These are major carbon capture and storage ecosystems and should avoid conflicting with offshore renewable energy installations.
Amendment 66 #
2013/0074(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Objectives of maritime spatial plansning and integrated coastal management strategies
Amendment 67 #
2013/0074(COD)
Proposal for a directive
Article 5 – introductory part
Article 5 – introductory part
Amendment 68 #
2013/0074(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a framework for maritime spatial planning and integrated coastal management aiming at promoting the sustainable growth of maritime and coastal economies and the sustainable use of marine and coastal resources.
Amendment 70 #
2013/0074(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Within the Integrated Maritime Policy of the Union, this framework provides for the establishment and implementation by Member States of maritime spatial plans and of integrated coastal management strategies with the aim of meeting the objectives specified in Article 5.
Amendment 72 #
2013/0074(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The provisions of this Directive shall apply to marine waters and, for any integrated coastal management processes developed to comply with this Directive, coastal zones.
Amendment 75 #
2013/0074(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The provisions of this Directive shall be without prejudice to Member States' competences both for town and country planning and for addressing the relationship between terrestrial and marine matters.
Amendment 78 #
2013/0074(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Establishment and implementation of maritime spatial plansning and integrated coastal management strategiprocesses
Amendment 80 #
2013/0074(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each Member State shall set out procedures to establish and implement a maritime spatial plan or plans and an integrated coastal management stning. The resulting maritime spatial plans may be prepared, established and implemented separategyly, or strategies. They may be prepared in separate documentsin a combined or hierarchical manner i.e. at national and/or sub-national level.
Amendment 81 #
2013/0074(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 83 #
2013/0074(COD)
Proposal for a directive
Article 5 – point e a (new)
Article 5 – point e a (new)
(ea) protecting, maintaining and enhancing invaluable coastal and shallow water natural resources such as seagrass meadows, kelp forests, maerl beds and salt marshes that are major carbon capture and storage ecosystems, avoiding conflict with offshore renewable energy installations.
Amendment 84 #
2013/0074(COD)
Proposal for a directive
Article 5 – point e a (new)
Article 5 – point e a (new)
(ea) encouraging the conservation, enhancement and promotion of the cultural heritage of coastal and marine areas.
Amendment 85 #
2013/0074(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. When establishing maritime spatial plans andning and any integrated coastal management strategiesprocesses applied or developed in accordance with article 2.1, Member States shall give due regard to the particularities of the regions and the sub- regions, the respective sector activities, the marine waters and coastal zones concernand their impacts on the environment such as protecting, maintaining and enhancing invaluable coastal and shallow water natural resources such as seagrass meadows, kelp forests, maerl beds and potential climate change impactsalt marshes. These are major carbon capture and storage ecosystems and should avoid conflicting with offshore renewable energy installations.
Amendment 87 #
2013/0074(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Objectives of maritime spatial plansning and integrated coastal management strategies
Amendment 91 #
2013/0074(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. When establishing maritime spatial plansning, Member States shall take into consideration, at least, the following activities: uses or activities it considers relevant which may include but not be limited to:
Amendment 92 #
2013/0074(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Amendment 93 #
2013/0074(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 95 #
2013/0074(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 98 #
2013/0074(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 100 #
2013/0074(COD)
Proposal for a directive
Article 7 – paragraph 2 – point g a (new)
Article 7 – paragraph 2 – point g a (new)
(ga) sites and landscapes of historical, cultural or archaeological significance.
Amendment 104 #
2013/0074(COD)
Proposal for a directive
Article 8 – title
Article 8 – title
Specific minimum requirementguidelines for integrated coastal management strategies
Amendment 104 #
2013/0074(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 105 #
2013/0074(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 106 #
2013/0074(COD)
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. When establishingIf Member States apply integrated coastal management strategies, Member States shall take into consideration, at leastprocesses developed to comply with this Directive, either separately or as part of their maritime spatial planning, they shall help identify the range of existing policies or measures designed to contribute to integrated and cross-sectoral policy implementation. These may include, inter alia, the following activities:
Amendment 107 #
2013/0074(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 115 #
2013/0074(COD)
Proposal for a directive
Article 8 – paragraph 2 – point f a (new)
Article 8 – paragraph 2 – point f a (new)
(fa) conservation and management of cultural heritage.
Amendment 118 #
2013/0074(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. When establishing maritime spatial plansning, Member States shall take into consideration, at least, the following activitiesuses or activities it considers relevant which may include but not be limited to:
Amendment 128 #
2013/0074(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 129 #
2013/0074(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The maritime spatial plans and integrated coastal management strategies referred to in Article 4(1) shall be established within a period of 36 month7 years after the entry into force of this Directive.
Amendment 134 #
2013/0074(COD)
Proposal for a directive
Article 8 – title
Article 8 – title
Specific minimum requirementguidelines for integrated coastal management strategies
Amendment 135 #
2013/0074(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. If Member States apply integrated coastal management strategies shall contain at least, an inventory of existing measures applied in coastal zones and an analysis of the need for additional actions in order to achieve the objectives set out in Article 5. The strategies shall provide for integrated and cross-sectoral policy implementation and consider interactions between terrestrial and maritime activitiesprocesses developed to comply with this Directive, either separately or as part of their maritime spatial planning, they shall help identify the range of existing policies or measures designed to contribute to integrated and cross-sectoral policy implementation.
Amendment 136 #
2013/0074(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 162 #
2013/0074(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The maritime spatial plans and integrated coastal management strategiening process referred to in Article 4(1) shall be established within a period of 3648 months after the entry into force of this Directive.
Amendment 36 #
2013/0007(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 1224/2009
Article 8 – paragraphs 3, 4, 5, 6, 7 (new)
Article 8 – paragraphs 3, 4, 5, 6, 7 (new)
Amendment 40 #
2013/0007(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 - point -a (new)
Article 1 – paragraph 1 – point 7 - point -a (new)
Regulation (EC) No 1224/2009
Article 14 – paragraph 3
Article 14 – paragraph 3
(-a) paragraph 3 is replaced by the following: "3. The permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 20% for all species. By way of derogation from Article 14(3) this requirement shall not apply for 20% of the total catch weight in kilograms of fish where the catch contains more than 80% of one or more pelagic or industrial species."
Amendment 42 #
2013/0007(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EC) No 1224/2009
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
(9a) in Article 17, paragraph 1 is replaced by the following: "1. Masters of Community fishing vessels of 12 metres’ers length overall or more engaged in fisheries on stocks subject to a multiannual plan and carrying more than 1 tonne of such fish, which are under the obligation to record fishing logbook data electronically in accordance with Article 15, shall notify the competent authorities of their flag Member State at least fourtwo hours before the estimated time of arrival at port of the following information:."
Amendment 45 #
2013/0007(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1224/2009
Article 23
Article 23
Amendment 49 #
2013/0007(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24 a (new)
Article 1 – paragraph 1 – point 24 a (new)
Regulation (EC) No 1224/2009
Article 44 – paragraph 3a (new)
Article 44 – paragraph 3a (new)
(24a) in Article 44 the following paragraph is added: "3a. By way of derogation from Article 44(1) this requirement shall not apply where the catch contains more than 80% of one or more pelagic or industrial species."
Amendment 56 #
2013/0007(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 35 – point a a (new)
Article 1 – paragraph 1 – point 35 – point a a (new)
Regulation (EC) No 1224/2009
Article 60 – paragraphs 3, 4, 5
Article 60 – paragraphs 3, 4, 5
aa) paragraphs 3, 4 and 5 are replaced by the following: "3. By way of derogation from paragraph 2, Member States may permit. fisheries products towhich have been weighed on aboard the fishing vessel on systems approved by the competent authorities of the Member State before being placed in storage shall not be subject to a sampling plan as referred to in paragraph 1. 4. Registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fisheries products in a Member State shall be responsible for the accuracy of the weighing operation and this weight shall be used for the completion of landing declarations, transport document, sales notes, take-over declarations and official catch statistics, unless, in accordance with paragraph 3, the weighing takes place on board a fishing vessel, in which case it shall be the master’'s responsibility. 5. The figure resulting from the weighing shall be used for the completion of landing declarations, transport document, sales notes and, take-over declarations. and official catch statistics."
Amendment 60 #
2013/0007(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 46 a (new)
Article 1 – paragraph 1 – point 46 a (new)
Regulation (EC) No 1224/2009
Article 92 – paragraphs 1, 2, 4, 6 and 7 (new)
Article 92 – paragraphs 1, 2, 4, 6 and 7 (new)
Amendment 37 #
2012/2297(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises that over 90% of the Earth's C02 is stored and cycled through our oceans and that the ability of our oceans to capture and store C02 is vital for our survival; accordingly, the protection of blue carbon ecosystems, such as seagrass meadows, kelp forests, maerl beds and salt marshes, is of key importance both to climate change and as invaluable spawning and nursery grounds for fish species; stresses, therefore, the importance of avoiding damage to these ecosystems from shallow-water developments such as wave, tidal and wind renewables;
Amendment 34 #
2012/2259(INI)
Motion for a resolution
Recital C
Recital C
C. whereas one of the aims of European Union energy policy – in a spirit of solidarity among the Member States, as part of the creation of the single market and in accordance with the need to conserve and improve the environment – is to promote the development of new and renewable energy sourcesforms of energy;
Amendment 44 #
2012/2259(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, as things stand at present,ccording to estimates the EU is on track to achieve theits target of a 20% share for RES in the energy mix by 2020;
Amendment 75 #
2012/2259(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Agrees with the Commission that, in future, new forms of energy generation including RES, will account for a growing share of energy provision in Europe, both for electricity supply and for the heating and cooling and transport sectors, and that they will reduce Europe's dependence on conventional energy;
Amendment 95 #
2012/2259(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that secure, affordable and environmentally sound energy provision is indispensable for the competitiveness of European industry; emphasises, therefore, that the energy supply system needs to be overhauled and the share of RESproven, publicly accepted and financially sustainable forms of energy generation increased in a manner that is cost-efficient and without prejudice to supply security;
Amendment 141 #
2012/2259(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned that, so far, only some of the renewables on the energy market are economically competitive, although certain other technologies are closing the gap with market prices; agrees with the Commission that all availppropriate, financially sustainable means must be used to bring the costs down and make RES and other new forms of energy generation economically competitive;
Amendment 155 #
2012/2259(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes the importance of ensuring that prices for consumers, both domestic and industrial, remain at an affordable level;
Amendment 166 #
2012/2259(INI)
Motion for a resolution
Paragraph 5 a (new) (after subheading "Renewable energy on the European internal energy market")
Paragraph 5 a (new) (after subheading "Renewable energy on the European internal energy market")
5 a. Notes that certain renewable technologies can cause unacceptable loss of amenity and may pose human health risks when located in close proximity to residential dwellings; emphasises that RES should not be developed in a manner which selectively damages the living environment or economic welfare of isolated communities or habitations; underscores the need for national governments to ensure the protection of or the proper compensation for, anyone whose health or amenity may be damaged by the development of RES;
Amendment 207 #
2012/2259(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that RES, where financially sustainable and publicly supported, RES and other low-carbon technologies must be fully integrated into the European internal energy market in all the Member States without delay and that in the long term they must take on stabilising functions and tasks within the system that have previously been performed by conventional energy sources;
Amendment 317 #
2012/2259(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that the further development of RES will entail permanent landscape change in Europe; points out that the only way to win public acceptance of RES is through transparent planning, construction and licensing procedures with mandatory and timely public consultation, in which all the stakeholders are involved from the outset;
Amendment 350 #
2012/2259(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that the unlawful distortion of competition on the market is unacceptable; calls on the Commission to bring ongoing competition proceedings to a conclusion as quickly as possible; emphasises that the best conditions for the growth of RES are offered by free global markets without subsidy; underscores the need to do more to dismantle barriers to trade; calls on the Commission not to create any new obstacles to trade in finished products or components used in renewable energy technologies;
Amendment 406 #
2012/2259(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Emphasises that the Member States currently use almost 170 different types of promotion mechanism; points out that this support has lead to healthy growth but that some of the promotion systems are very costly and that, in some cases, a considerable financial burden has been placed on consumers without their having had a choice in the matter; notes that, despite the subsidies, RES have not yet managed to become competitive vis-à-vis conventional methods of energy production only in certain areas, e.g.even in areas where the geographical conditions favour them;
Amendment 412 #
2012/2259(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises that state influence has had the effect of making the price of electricity to consumers and industry in certain Member States relativeunacceptably high; Points out that, in 2010, 22% of households in the EU were worried about being able to meet their electricity bills and assumes that the situation in this regard has since worsened; stresses that energy poverty must be prevented and that industry's ability to compete must not be affected;
Amendment 458 #
2012/2259(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Is convinced that only an EU-wide system for promoting RES will offer the most cost-effective framework in which their full potential can be realised; sees decisive advantages in a technology- neutral European market for renewables, in which producers will have to cover a pre- determined quota of their energy output from RES, and in which one of the ways of reaching that quota will be through the trading of certificates on a market established for that purpose; notes the evidence of experience in the Member States that, in order to ensure quotas are met, heavy fines must be imposed for failure to meet them;
Amendment 473 #
2012/2259(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Is convinced that only an EU-wide system for promoting RES and other low- carbon technologies will offer the most cost-effective framework in which their full potential can be realised; sees decisive advantages in a technology- neutral European market for renewables, in which producers will have to cover a pre- determined quota of their energy output from RES, and in which one of the ways of reaching that quota will be through the trading of certificates on a market established for that purpose; notes the evidence of experience in the Member States that, in order to ensure quotas are met, heavy fines must be imposed for failure to meet them;
Amendment 62 #
2012/0297(COD)
Proposal for a directive
Recital 3
Recital 3
(3) It is necessary to amend Directive 2011/92/EU in order to strengthen the quality of the environmental assessment procedure, streamline the various steps of the procedure, align the procedure with the principles of smart regulation and enhance coherence and synergies with other Union legislation and policies, as well as strategies and policies developed by Member States in areas of national competence.
Amendment 140 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 1
Article 2 – paragraph 3 – subparagraph 1
3. Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shallmay be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation.
Amendment 145 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
Amendment 149 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 3
Article 2 – paragraph 3 – subparagraph 3
Amendment 155 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 4
Article 2 – paragraph 3 – subparagraph 4
Member States shallmay appoint one authority, which shall be responsible for facilitating the development consent procedure for each project.
Amendment 172 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point b
Article 3 – point b
(b) land, soil, water, air and climate change;
Amendment 181 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point c
Article 3 – point c
(c) material assets (including impacts on property values), cultural heritage and the landscape;
Amendment 187 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point e
Article 3 – point e
(e) exposure, vulnerability and resilience of the factors referred to in points (a), (b) and (c), to likely natural and man-made disaster risks, insofar as the existing EU legislation or international conventions request such an assessment.
Amendment 194 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2011/92/EU
Article 4 – paragraph 3
Article 4 – paragraph 3
3. For projects listed in Annex II, which in accordance with the laws of Member States require a case-by-case examination or which meet the thresholds or criteria set by the Member States in accordance with paragraph 2, the developer shall provide information on the characteristics of the project, and its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects. The detailed list of information to be provided is specified in Annex II.A.
Amendment 204 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2011/92/EU
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When a case-by-case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2, the competent authority shall take account of the relevant selection criteria related to the characteristics and location of the project and its potential impact on the environment. The detailed list of selection criteria to be used is specified in Annex III.
Amendment 223 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 6 – subparagraph 1
Article 4 – paragraph 6 – subparagraph 1
6. The competent authority shall make its decision pursuant to paragraph 2 within three monthirty days from the request for development consent and provided that the developer has submitted all the requisite information. Depending on the nature, complexity, location and size of the proposed project, the competent authority may extend that deadline once by a further 3 monththirty days; in that case, the competent authority shall inform the developer in writing of the reasons justifying the extension and of the date when its determination is expected.
Amendment 244 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 10, the developer shall prepare an environmental report. The environmental report shall be based on the determination pursuant to paragraph 2 of this Article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project, taking into account current knowledge and methods of assessment, the characteristics, technical capacity and location of the project, the characteristics of the potential impact, alternatives to list of possible alternatives relative to the significant impacts of the proposed project and the extent to which certain matters (including the evaluation of alternatives) are more appropriately assessed at different levels including the planning level, or on the basis of other assessment requirements. The detailed list of information to be provided in the environmental report is specified in Annex IV.
Amendment 249 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that, if the developer so requests before submitting an application for development consent, the competent authority shall give an opinion on the information to be supplied by the developer in accordance with paragraph 1. The competent authority, after having consulted the authorities referred to in Article 6(1) and the developer, shall determine the scope and level of detail of the information to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article. In particular, it shall determine: (a) the decisions and opinions to be obtained; (b) the authorities and the public likely to be concerned; (c) the individual stages of the procedure and their duration; (d) reasonable alternatives relevant to the proposed project and its specific characteristics; (e) the environmental features referred to in Article 3 likely to be significantly affected; (f) the information to be submitted relevant to the specific characteristics of a particular project or type of project; (g) the information and knowledge available and obtained at other levels of decision-making or through other Union legislation, and the methods of assessment to be used. The competent authority may also seek assistance from accredited and technically competent experts referred to in paragraph 3 of this Article. Subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authorityf the developer requests a scoping opinion, subsequent requests to the developer for additional information may only be made if these are justified by new circumstances or directly relevant to making an informed decision on any significant adverse environmental impacts, and are duly explained by the competent authority. Member States may require the competent authorities to give such an opinion, irrespective of whether the developer so requests.
Amendment 299 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point a
Article 5 – paragraph 3 – subparagraph 1 – point a
(a) the developer shall ensure that the environmental report is prepared by accreditqualified and technically competent experts or
Amendment 310 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point b
Article 5 – paragraph 3 – subparagraph 1 – point b
(b) the competent authority shall ensure that the environmental report is verified by accreditqualified and technically competent experts and/or committees of national experts.
Amendment 321 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Where accreditqualified and technically competent experts assisted the competent authority to prepare the determination referred to in Article 5(2), the same experts shall not be used by the developer for the preparation of the environmental report.
Amendment 329 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
The detailed arrangements for the use and selection of accreditqualified and technically competent experts (for example qualifications required, assignment of evaluation, licensing, and disqualification), shall be determined by the Member States.
Amendment 355 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) results of the environmental assessment of the competent authority referred to in Article 3, including a summary of the comments received pursuant to Articles 6 and 7 and the environmental conditions attached to the decision, including a description of the main measures to avoid, reduce and, if possible, offset significant adverse effects;
Amendment 363 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 370 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
2. If in light of the consultations and the information gathered pursuant to Articles 5, 6 and 7 the competent authority concludes that a project will have significant adverse environmental effects, on the competent authority, as early as possible and in close cooperation with the authorities referred to in Article 6(1) and the developer, shall consider whether the environmental report referred to in Article 5(1) should be revised and the project modified to avoid or reduce these adverse effects and whether additionalenvironment and decides to grant development consent, it shall consider whether the development consent should include appropriate measures to monitor the effectiveness of any mitigation orand compensation measures are needed.
Amendment 376 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 391 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 417 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 2011/92/EU
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) having examined the environmental report and the concerns and opinions expressed by the public concerned, the main reasons and considerations on which the decision is based, including information about how comments received through the public participation process; have been taken into account, including when a project would have an impact on property values.
Amendment 437 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 11
Article 1 – point 11
Directive 2011/92/EU
Articles 12a and 12b
Articles 12a and 12b
Amendment 451 #
2012/0297(COD)
Proposal for a directive
Article 3
Article 3
Projects for which the request for development consent was introduced before the date referred to in the first subparagraph of Article 2(1) and for which the environmental impact assessment has not been concluded before that date shall not be subject to the obligations referred to in Articles 3 to 11 of Directive 2011/92/EU as amended by this Directive.
Amendment 470 #
2012/0297(COD)
Proposal for a directive
Annex – point -1 (new)
Annex – point -1 (new)
Directive 2011/92/EU
Annex II – paragraph 2 – point d – point iii a (new)
Annex II – paragraph 2 – point d – point iii a (new)
(-1) In Annex II, paragraph 2, point d, the following point iiia shall be inserted: "(iiia) drilling for exploration and extraction of crude oil and/or natural gas trapped in gas- bearing strata of shale or in other sedimentary rock formations regardless of the amount explored or extracted;"
Amendment 472 #
2012/0297(COD)
Proposal for a directive
Annex – point -1 a (new)
Annex – point -1 a (new)
Directive 2011/92/EU
Annex II – paragraph 2 – point d – point iii b (new)
Annex II – paragraph 2 – point d – point iii b (new)
(-1a) In Annex II, paragraph 2, point d, the following point iiib shall be inserted: "(iiib) exploration and extraction of natural gas from coal beds, regardless of the amount extracted;"
Amendment 474 #
2012/0297(COD)
Proposal for a directive
Annex –point -1 b (new)
Annex –point -1 b (new)
Directive 2011/92/EU
Annex II – paragraph 2 – point e
Annex II – paragraph 2 – point e
(-1b) In Annex II, point e of paragraph 2 shall be replaced by the following: "(e) Surface industrial installations for the exploration and extraction of coal, petroleum, natural gas and ores, as well as bituminous shale, crude oil and/or natural gas trapped in gas-bearing strata of shale or in other sedimentary rock formations and natural gas from coal beds regardless of the amount explored or extracted."
Amendment 487 #
2012/0297(COD)
Proposal for a directive
Annex – point 1
Annex – point 1
(b) the use of relevant natural resources, in particular soil, land, water, and biodiversity, including hydromorphological changes.
Amendment 490 #
2012/0297(COD)
Proposal for a directive
Annex – point 1
Annex – point 1
Directive 2011/92/EU
Annex II.A – paragraph 4
Annex II.A – paragraph 4
4. A description of the measures envisaged to avoid, prevent or reduce anyll significant adverse effects on the environment.
Amendment 501 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point f
Annex III – paragraph 1 – point f
(f) the natural and man-made disaster risks and risk of accidents, with particular regard to hydromorphological changes, substances, or technologies or living organisms used, to specific surface and subsurface conditions or alternative use, and to the probability of accidents or disasters and the vulnerability of the project to these risks;.
Amendment 508 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point g
Annex III – paragraph 1 – point g
(g) impacts of the project on climate change (in terms of envisaged greenhouse gas emissions including from land use, land- use change and forestry), contribution of the project to an improved resilience, and the impacts of climate change on the project (e.g. if the project is coherent with a changing climate);.
Amendment 512 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point h
Annex III – paragraph 1 – point h
(h) impacts of the project on the environment, in particular on land (increase of settlement areas over time – land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air and biodiversity (population quality and quantity and ecosystem degradation and fragmentation);soil , water (quantity and quality), air and biodiversity.
Amendment 517 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 –point i
Annex III – paragraph 1 –point i
(i) the risks to human health (e.g. due to water contamination or air pollution);
Amendment 522 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point a
Annex III – paragraph 2 – point a
(a) the existing and planned land use, including land take and fragmentation;
Amendment 523 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point b
Annex III – paragraph 2 – point b
(b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water, and biodiversity) in the area;
Amendment 549 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 1 – point b
Annex IV – paragraph 1 – point b
(b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials, energy and natural resources (including water, land, soil and biodiversity) used;
Amendment 558 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
2. A description, of the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the relevant alternatives considered, including the identification of the least environmentally impacting one, and an indication of the main reasons for the choice made, taking into account the environmental effects.
Amendment 562 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 3
Annex IV – paragraph 3
3. A description of the relevant aspects of the existing state of the environment before the implementation of the project and the likely evolution thereof without implementation of the project (baseline scenario). This description should cover any existing environmental problems relevant to the project, including, in particular, those relating to any areas of a particular environmental importance and the use of natural resources.
Amendment 570 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – point b
Annex IV – paragraph 5 – subparagraph 1 – point b
(b) the use of natural resources, in particular land, soil, water, biodiversity and the ecosystem services it provides, considering as far possible the availability of these resources also in the light of changing climatic conditions;relevant natural resources.
Amendment 579 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – point f
Annex IV – paragraph 5 – subparagraph 1 – point f
(f) the greenhouse gas emissions, including from land use, land use change and forestry;
Amendment 582 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 2
Annex IV – paragraph 5 – subparagraph 2
The description of the likely significant effects should cover the direct effects and if feasible and relevant, any indirect, secondary, cumulative, transboundary, short-, medium- and long- term, permanent and temporary, positive and negative effects of the project. This description should take into account the environmental protection objectives established at EU or Member State level which are relevant to the project.
Amendment 590 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 8
Annex IV – paragraph 8
8. An assessment of the natural and man- made disaster risks and risk of accidents to which the project could be vulnerable and, where appropriate, a description of the measures envisaged to prevent such risks, as well as measures regarding preparedness for and response to emergencies (e.g. measures required under Directive 96/82/EC as amended). Where existing EU legislation or international conventions request so, an assessment of the likely natural and man-made disaster risks shall be included in the assessment.
Amendment 31 #
2012/0201(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) European eels are a species with a very particular lifecycle; travelling to European coasts to access the natural habitat (freshwater systems and wetlands) and then returning to the ocean to spawn. A lasting solution to allow the recovery of the eel population is to unblock migratory pathways by modifying lock gates, screening hydro-electric power turbines and water pumps.
Amendment 32 #
2012/0201(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) As long as migratory pathways remain closed, restocking is the only temporary measure to help the eel recover. When transfers of glass eels are conducted following available best practices, such as the Sustainable Eel standard, they are an efficient way of boosting eel recovery. Another temporary measure to boost silver eel escapement is transferring them with human support over obstacles such as dykes, hydro power stations and water pumps. At a time when fishermen are looking to find an alternative occupation, their skills could be used to accelerate the European eel recovery.
Amendment 95 #
2012/0179(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Union is committed to implement the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72, which call on States and Regional Fisheries Management Organisations to ensure the protection of vulnerable deep-sea marine ecosystems from the destructive impact of bottom fishing gears, as well as the sustainable exploitation of deep-sea fish stocks.
Amendment 98 #
2012/0179(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The development and adoption of the measures recommended by NEAFC to protect deep water vulnerable marine ecosystems against the adverse effects of bottom fishing gear, in accordance with resolutions 61/105 and 64/72, have been widely supported by the Union, and have been recognised by the General assembly of the United Nations as a very significant step towards achieving the goal of protecting vulnerable marine ecosystems and their biodiversity.
Amendment 100 #
2012/0179(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
Amendment 101 #
2012/0179(COD)
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
(2c) FAO guidelines on the management of deep-sea fisheries in the High Seas adopted in 2008, that the Union committed to respect and which define the concrete implementation of resolution 61/105 of the United Nations General Assembly, invite coastal States to apply the principles and methods they contain in their national courts. Given the example provided by the relevance of the measures recommended to the flag States by the NEAFC for waters beyond national jurisdiction, there is no reason for the coastal States in the NEAFC regulated area not to apply these measures in their own waters. It is therefore appropriate to provide that the measures recommended by NEAFC to protect vulnerable marine ecosystems in deep water against the adverse effects of bottom fishing gears shall apply 'mutatis mutandis' in EU waters, instead of any other modality.
Amendment 103 #
2012/0179(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to maintain necessary reductions in fishing capacity achieved so far in deep-sea fisheries, and to focus management measures on the most relevant part of the fleet for deep sea fisheries, it is appropriate to provide that fishing for deep-sea species is subject to a fishing authorisation which limits the capacity of vessels eligible to land deep-sea species. With a viewfish deep-sea species in a targeted manner. It is however necessary that fishing licenses are also delivered for bycatch fishing of deep-sea species, considering that all these fishing activities are likely to focus management measures on the part of the fleet most relevant for deep-sea fisheries, the fishing authorisations should be issued according to target or by- catch fisherycur in areas where deep water vulnerable marine ecosystems may be present, and that they should be protected against the adverse effects that may have these activities, including those using bottom gears. However, the Council and Parliament Regulation (EU) No xxx/2013 from xxx 2013 on the common fisheries policy defines a goal of eliminating discards that also apply to deep-sea species. The novelty of this new requirement should be taken into account so that vessels incidentally capturing deep-sea species and which are not currently subjected to a licensing regime for fishing, are not totally deprived of the opportunity to continue their traditional fishing activities.
Amendment 108 #
2012/0179(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 115 #
2012/0179(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 124 #
2012/0179(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Moreover, vessels which haveo wish to change gear in order to be able to stay in the fishery should be eligible for receiving financial assistance from the European Fisheries Fund provided that the new gear reduces the impact of fishing on non- commercial species and provided also that the national operational programme allows contributing to such measures.
Amendment 130 #
2012/0179(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Vessels targetfishing deep-sea species with otherin a targeted or accessory manner with bottom gear should not extend their range of operation according to their fishing authorisation within Union waters, unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems. Similarly, wherever their area of activity may be, when finding indices of the presence of vulnerable marine ecosystems, they should avoid these locations in the future, pending whether these indices reflect a proved presence of vulnerable marine ecosystems.
Amendment 136 #
2012/0179(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Scientific advice concerning certain fish stocks found in the deep-sea indicates that these stocks are particularly vulnerable to exploitation, and that fishing for these stocks should be limited or reduced as a precautionary measurehowever there have been quantified improvements in some stocks such as the roundnose grenadier, blue ling and black scabbardfish. Fishing opportunities for deep-sea stocks should not go beyond those levels which are scientifically advised as precautionary. In the case of advice being absent for lack of sufficient information about stocks or species, no fishing opportunities should be allocated.
Amendment 139 #
2012/0179(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Regulation (EU) No xxx/2013 from the Council and the European Parliament from xxx 2013 on the common fisheries policy defines the rules which should govern the determination of opportunities in respect of the precautionary principle and aiming at quickly achieving maximum sustainable yield. There is no need to consider different ways from those defined as general, especially in spite of their particularly vulnerability to exploitation, several stocks of deep-water species with a major commercial interest are already recognised by ICES as being operated in accordance with the principle of maximum sustainable yield. The Commission may propose a framework for deep-sea species by-catch through a system of TACs and quotas, if it considers it necessary for their preservation.
Amendment 163 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) ‘deep-sea species’ means the species listed in Annex I and Ia (new);
Amendment 167 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) ‘most vulnerable species’ means the deep-sea species indicated in the third column ‘Most vulnerable (x)’ of the table in Annex Ia (new);
Amendment 177 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. 'existing fishing areas' means fishing areas where fishing operations have been conducted since the entry into force of Council Regulation 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep- sea stocks;
Amendment 179 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. 'new fishing areas' means fishing areas where no previous deep-water fishing operations have been documented
Amendment 180 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 c (new)
Article 3 – paragraph 2 c (new)
2c. 'exploratory fishing' means fishing operations conducted in new fishing areas;
Amendment 181 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 d (new)
Article 3 – paragraph 2 d (new)
2d. 'fishing vessel' means a Union vessel operating in the waters defined in Article 2 or a third country vessel operating in Union waters;
Amendment 185 #
2012/0179(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the vessel's master records in the logbook a percentage of deep-seathe species defined in Annex I which is equal or superior to 1025% of the overall catch weight in the fishing daytrip concerned.
Amendment 192 #
2012/0179(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Fishing activities carried out in Union waters not targeting deep-sea species but catching deep-sea species as a by-catch, carried out by a Union fishing vessel, shall be subject to a fishing authorisation, which shall indicate deep-sea species as by-catch.
Amendment 194 #
2012/0179(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 198 #
2012/0179(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The aggregate fishing capacity measured in gross tonnage and in kilowatt of all fishing vessels holding a fishing authorisation issued by a Member State, allowing the targeted catch of deep-sea species, whether as target or by-catch species, as defined in Article 4 (2) shall at no time exceed the aggregate fishing capacity of vessels of that Member State which have landed 10 tonnes or more of deep-sea species during any of the two calendar years preceding the entry into force of this Regulation2009-2011, whichever year provides the higher figure.
Amendment 205 #
2012/0179(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Each application for a fishing authorisation allowing for the catch of deep-sea species whether as target or by- catch specithin areas of existing fishing activities, and for its renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities, the type of gears, the depth range at which the activities will be deployed, and of the individual species targetedrelevant species.
Amendment 214 #
2012/0179(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Procedure for identification of areas of existing fishing activities The Commission shall identify areas of existing fishing activities in line with the provisions of Article 3 of the NEAFC recommendations on regulating bottom fishing, as quoted in Annex 2 a (new) of this Regulation.
Amendment 219 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In addition to the requirements set out in Article 6, each application for a fishingn authorisation for targeted deep sea fisheries, as referred to in Article 4(1),fishing deep-water stocks that allows for the use of bottom gears in Union waters as rdeferred toined in Article 2(a), shall be accompanied by a detailed fishing plan specifyingor in waters under NEAFC jurisdiction as referred to in Article 2(c), shall:
Amendment 221 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the locations of the intended activities targeting deep-sea species in the deep-sea métier. The location(s) shall be defined by coordinates in accordance with the World Geodetic System of 1984list the bottom-sea gear that will be used;
Amendment 224 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the locations, if any, of activities in the deep-sea métier during the last three full calendar years. Those location(s) shall be defined by coordinates limit the authorised fishing accordance with the World Geodetic System of 1984 and they shall circumscribe the fishing activities as closely as possible.tivities to existing fishing areas;
Amendment 227 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) provide for the respect of measures currently applying in the NEAFC framework;
Amendment 238 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity, as set out in paragraph 1(a), and the existing fishing activity, as set out in paragraph 1(b), overlap. However, the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the Member State has assessed and documented, based on scientific advice, that such extension would not have significant adverse impaWithout prejudice to Article 7 (1), fishing activities that are to take place in waters defined in paragraph 1 but that are defined as new fishing areas in the meaning of Article 3 paragraph 2b(new) shall be subject to a fishing authorisation. Applications for such authorisations shall include a detailed project for the exploratory fishing activity that follows the NEAFC guidelines outlined in Annex IIa(new). Applications will be accepted if it can be shown that the activity described will have no harmful effects on vulnerable marine ecosystems.
Amendment 242 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point 1 (new)
Article 7 – paragraph 2 – point 1 (new)
(1) Applications for fishing authorisations in waters defined at Article 2 point b) shall fulfil the conditions set out in Regulation (EC) No 734/2008 of 15th July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears.
Amendment 243 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point 2 (new)
Article 7 – paragraph 2 – point 2 (new)
(2) Existing fishing areas, as defined under article 3 and provisions for identification, as set out in article 6a(new), correspond to: (a) in Union waters: fishing areas for which there is evidence of fishing activity in the period since the entry into force of Council Regulation 2347/2002 of 16th December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep sea stocks. (b) in Union waters under NEAFC jurisdiction: existing fishing zones that are defined and established in the NEAFC framework, as mentioned in Annex IIb(new).
Amendment 244 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point 3 (new)
Article 7 – paragraph 2 – point 3 (new)
Amendment 245 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point 4 (new)
Article 7 – paragraph 2 – point 4 (new)
(4) In addition to the requirements in paragraph 5, by-catch authorisations, as defined in Article 4 (3) shall require the reporting of all species in Annex I, whether retained or discarded.
Amendment 246 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point 5 (new)
Article 7 – paragraph 2 – point 5 (new)
(5) Fishing activities conducted in the framework of fishing authorisations referred to in Article 4 may be subject to the introduction of quantitative limits on the total amount of catches of the species included in Annex Ia (new) if such a limit is necessary
Amendment 251 #
2012/0179(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 269 #
2012/0179(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries management due to lack of sufficient data concerning a certain stock or species, nothe fishing opportunities may be allocated for the fisheries concernedfor the relevant fishing management period may not be fixed higher than the rates provided within the ICES approach for data limited stocks.
Amendment 278 #
2012/0179(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Council, acting in accordance with the Treaty, may decide to switching from the fixing of annual fishing opportunities for deep-sea species in terms of both fishing effort limits and catch limits to the fixing of only fishing effort limits for specific fisheries shall be decided in accordance with the Treaty.
Amendment 313 #
2012/0179(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts as referred to in Article 13 shall be conferred on the Commission for an indeterminateperiod of three years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the three year period. The delegation of power shall be tacitly extended for periods of timean identical duration, unless the European Parliament or the Council oppose such extension no later than three months before the end of each period.
Amendment 318 #
2012/0179(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Special fishing authorisations issued in accordance with Regulation (EC) No 2347/2002 shall remain valid until their replacement by fishing authorisations allowing the catch of deep-sea species issued in accordance with this Regulation, but shall in any case no longer be valid after 30 September 20124.
Amendment 321 #
2012/0179(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 343 #
2012/0179(COD)
Proposal for a regulation
Annex 2 – point 3
Annex 2 – point 3
3. Discards shall be sampled in all deep-sea métiers. The sampling strategy for landings and discards shall cover all the species listed in Annex I and Ia as well as species belonging to the seabed ecosystem such as deep-water corals, sponges or other organisms belonging to the same ecosystem.
Amendment 344 #
2012/0179(COD)
Proposal for a regulation
Annex II a (new)
Annex II a (new)
Annex IIa Identification of existing bottom fishing areas 1. The mapping of existing fishing areas within European Union waters shall be given priority. 2. A preliminary map based on VMS data and other geo reference data presently available with the European Commission and the Member States shall be developed. 3. Member States having vessels involved in bottom fishing activities in the period 2003 to 2013 shall, for the purpose of paragraph 1, submit comprehensive maps of existing fishing areas to the European Commission according to the guidelines set out in annex 3 of the NEAFC recommendation on regulating bottom fishing. 4. The comprehensive map of existing bottom fishing areas referred to in paragraphs 1 and 3 shall be revised regularly to incorporate any relevant information.
Amendment 345 #
2012/0179(COD)
Proposal for a regulation
Annex II b (new)
Annex II b (new)
Annex IIb Bottom fishing activities in new bottom fishing areas 1. Upon entry into force of this regulation, all bottom fishing activities in new bottom fishing areas or with bottom gear not previously used in the area concerned, shall be considered as exploratory fisheries and shall be conducted in accordance with an Exploratory Bottom Fisheries Protocol to be adopted as soon as possible. Until such a protocol is adopted the provision set out in the protocol set out in Annex 1 of the NEAFC recommendation on regulating bottom fishing shall apply. 2. The exploratory bottom fishing activities shall be subject to the assessment procedure set forth in Article 5 of the NEAFC recommendation on regulating bottom fishing, with the understanding that particular care shall be taken in the evaluation of risks of the significant adverse impact on vulnerable marine ecosystems, in line with the precautionary approach. 3. Member States shall communicate the required information under the exploratory fisheries protocol referred to in paragraph 1 to the European Commission, together with the information or preliminary impact assessment referred to in Article 5, paragraph 3 (i), below. 4. Member States shall provide 1 year after entry into force of this Regulation, a report of the results of such activities to the European Commission. 5. Prior to commencing new bottom fishing activities based upon the results of exploratory bottom fisheries conducted in the prior two years, the European Commission shall review the assessments undertaken in accordance with Article 5 below and the results of the fishing protocols implemented by the participating fleets, and shall: (i) Authorise these bottom fishing to proceed and establish conservation and management measures to prevent significant adverse impacts on vulnerable marine ecosystems from individual bottom fishing activities and to ensure the long- term sustainability of deep sea fish stocks, or (ii) not authorize these bottom fishing activities to proceed. 6. Member States shall ensure that vessels flying their flag conducting exploratory fisheries have an observer on board. Observers shall collect data in accordance with a Vulnerable Marine Ecosystem Data Collection Protocol to be adopted as soon as possible. Until such a protocol is adopted, the interim protocol set out in Annex 2 of the NEAFC recommendation on regulating bottom fishing shall apply.
Amendment 20 #
2012/0158(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In the light of advice from ICES and STECF certain technical conservation measures in the West of Scotland (ICES Division VIa), Celtic Sea (ICES Divisions VIIf,g) and Irish Sea (ICES Division VIIa) to protect Rockall haddock, cod, haddock and whiting stocks should be maintained to contribute to the conservation of fish stocks.
Amendment 28 #
2012/0158(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation No 850/98
Article 29d - paragraph 3
Article 29d - paragraph 3
3. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes, scallop dredges and gears that target queen scallops, mussel dredges, handlines, mechanised jigging, draft nets and beach seines, pots and creels within the specified areas and time periods, provided that:
Amendment 30 #
2012/0158(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation No 850/98
Article 29d - paragraph 5 - point a
Article 29d - paragraph 5 - point a
(a) the fishing gear used incorporates a sorting grid in accordance with Annex XIVa; or a square-mesh panel as described in Annex XIVc; or equivalent highly selective gear that has been approved by STECF.
Amendment 32 #
2012/0158(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Amendment 35 #
2012/0158(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation No 850/98
Article 29d - paragraph 7 - point b
Article 29d - paragraph 7 - point b
Amendment 36 #
2012/0158(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation No 850/98
Article 29d - paragraph 8a (new)
Article 29d - paragraph 8a (new)
8a. From 1 January to 31 March, and from 1 October to 31 December, it shall be prohibited to conduct any fishing activity using any of the gears specified in Annex I to Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks(1) in the area specified in ICES rectangle 39E3 enclosed by sequentially joining with rhumb lines the following coordinates which shall be measured according to the WGS84 system: - longitude 7°00 W, latitude 55°00 N, - longitude 6°00W, latitude 55°00 N - longitude 6°00W, latitude 55°30 N - longitude 7°00 W, latitude 55°30 N; By way of derogations from paragraph 1, it shall be permitted to conduct fishing activities using scallop dredges and gear that targets queen scallops between 1 October and 31 December. It shall also be permitted to conduct fishing activities using gill nets and tangle nets between 1 October and 31 October. The master of a sea-fishing vessel or another person on board shall not cause or permit a person on board to attempt to fish for, land, tranship or have on board fish caught in the specified area. From 1 January to 31 December it shall be prohibited to conduct any cod and whiting fishing activity in the areas specified in ICES rectangle (47E3 and 46E2) in the northern part of ICES Division VIa. The master of a sea-fishing vessel or another person on board shall not cause or permit a person on board the boat to attempt to fish for, land, tranship or have on board cod and whiting caught in the specified area. (1) OJ L 348, 24.12.2008, p. 20.
Amendment 37 #
2012/0158(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation No 850/98
Article 29d - paragraph 9
Article 29d - paragraph 9
Amendment 38 #
2012/0158(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation No 850/98
Article 29d - paragraph 10
Article 29d - paragraph 10
Amendment 39 #
2012/0158(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation No 850/98
Article 31a
Article 31a
1. By way of derogation from Article 31 fishing with beam trawl using electrical pulse current shall be allowed in ICES Divisions IVc and IVb south of a rhumb line joined by the following points, which shall be measured according to the WGS84 coordinate system: – a point on the east coast of the United Kingdom at latitude 55o N, – then east to latitude 55o N, longitude 5o E, – then north to latitude 56o N, – and finally east to a point on the west coast of Denmark at latitude 56o N. 2. Electrical pulse fishing shall be allowed only when: (a) no more than 5% of the beam trawler fleet by Member States use the electric pulse trawl; (b) the maximum electrical power in kW for each beam trawl is no more than the length in metre of the beam multiplied by 1,25; (c) the effective voltage between the electrodes is no more than 15V; (d) the vessel is equipped with an automatic computer management system which records the maximum power used per beam and the effective voltage between electrodes for at least the last 100 tows. It is not possible for non-authorised person to modify this automatic computer management system; (e) it is prohibited to use one or more tickler chains in front of the footrope." activities conducted with beam trawls using electrical pulse current (pulse gear) shall be permitted in ICES Divisions IVc and IVb south of a rhumb line joined by the following points, which shall be measured according to the WGS84 coordinate system: – a point on the east coast of the United Kingdom at latitude 55o N, – then east to latitude 55o N, longitude 5o E, – then north to latitude 56o N, – and finally east to a point on the west coast of Denmark at latitude 56o N. 2. All vessels conducting fishing activities with pulse gear in the area set out in paragraph 1 must be issued with a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009. This fishing authorisation shall be immediately revoked if the vessel does not meet the technical conditions listed in Annex XIVe or if paragraph 4 is violated. 3. Vessels referred to in paragraph 2 shall: (a) carry on board exclusively pulse gear which meets the technical conditions listed in Annex XIVe and which is certified in accordance with paragraph 6; (b) be equipped with an operational and fully independent functioning recording device which shall ensure the recording at all times during fishing activities of the electric power consumption and the effective value of the voltage referred to in Annex XIVe (2) and (3) and which is certified in accordance with paragraph 6; (c) not fit one or more tickler chains or other forms of mechanical stimulation of the seabed in front of the footrope. 4. It shall be prohibited to destroy, damage, render, inoperative or otherwise interfere with the recording device on board referred to in paragraph 3(b), in particular to alter data in any way and to remove the recording device from the fishing vessel. 5. The master of an EU fishing vessel shall ensure that the recording device is fully operational at all times and the data referred to in paragraph 3(b) is recorded and stored. The master of the vessel shall ensure in particular that: a) values exceeding those referred to in Annex XIVe are reported immediately to the competent authorities; b) the competent authorities are informed immediately of a malfunction in the device 6. For the purposes of paragraph 3(b) the recording device shall operate fully automatically without any human intervention and shall not permit the input or output of false information and shall not be capable of being manually over-ridden. The information shall be stored in the recording device for a period of at least 12 months. This information shall be made available to the competent authorities on demand. 7. Member States shall be responsible for certifying pulse gear and issuing certificates for pulse gear, indicating that the recording device complies with paragraph 3(b), that the pulse gear carried on board of a fishing vessels flying their flag meets the technical conditions listed in Annex XIVe and that a safe and proper use of the pulse gear is ensured. Member states competent authorities may assign the certification of pulse gears to classification societies or to other bodies having the necessary expertise for the technical examination of the pulse gears. 8. The master of a fishing vessel, referred to in paragraph 2, shall ensure that certification documentation (including a file describing the technical features of the pulse system) relating to the pulse system is held on board at all times. The certificate shall be valid for one year. 9. Member States shall adopt the necessary measures to ensure the safe and proper use of the pulse gear. 10. Member States shall monitor, on the basis of sampling, the activities of fishing vessels flying their flag, which are equipped with pulse gear in order to ensure compliance by these vessels with the measures laid down in the paragraphs 1 to 5, and with the measures established on the basis of paragraph 7. For the purposes of the monitoring each Member State shall establish a sampling plan based on high risk criteria such as: (a) the risk of non-compliance with the provisions of this Article; (b) the level of previously detected infringements for the vessel concerned; and (c) the number and the nature of the notifications according to paragraph 5 for the vessel concerned. 11. By January 2017 Member States shall report to the Commission on the application of the conditions laid down in this Article and relevant Annex. The Commission shall, on the basis of the reports from member states and in conjunction with scientific advice, evaluate the impact of the measures on the stocks and fisheries concerned by January 2018."
Amendment 48 #
2012/0158(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Regulation N° 850/98
Annex XIVe (new)
Annex XIVe (new)
Amendment 55 #
2011/2318(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that fishing by EU interests inside and outside Union waters should be based upon the same standards in terms of ecological and social sustainability and transparency; and should apply the discard ban in parallel to its introduction in EU waters, applicable to the same species, with monitoring by CCTV and observers, with appropriate derogations to avoid price increases for locally consumed produce
Amendment 68 #
2011/2292(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Rejects aBelieves that the definition of a small- scale fishing thboat is restrictive and detached from reality; considers that the definition of small-scale fishing should cover a range of criteria, in addition to the strict boat- size criterion, including, inter alia, the impact of fishing techniques on the marine ecosystem, time spent at sea and the characteristics of the economic unit exploiting the resourcesa vessel usually under 12 metres, normally engaged in short fishing trips and generally has a crew not exceeding 4 people;
Amendment 154 #
2011/2292(INI)
Motion for a resolution
Paragraph 11 – indent 1
Paragraph 11 – indent 1
– renewal and modernisation of fleets with a viewof fleets to makinge them safer, and more economically and environmentally sustainable (selection of techniques, energy efficiency, etc.);to improve hygiene for on-board processing
Amendment 13 #
2011/2291(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to provide for the establishment of long-term management plans for all commercial EU fisheries; highlights the possibility of grouping fisheries according to geographical fishing regions whereby the specificities of the different European seas should be taken into account and a separate regime should apply to small-scale coastal fisheries; believes that there should be a possibility for investments in new landing sites and start-up packages in order to secure a new generation of fishermen entering into small-scale fisheries;
Amendment 61 #
2011/2291(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the Member States to carry out mandatory cuts, based on accurate measurements of existing fleet capacity, including engine and catching capacity, to achieve set targets for a sustainable level of capacity for every fishery so as to tackle the remaining significant overcapacity of the fishing fleets, with sanctions for failure to meet the targets, i.e. the freezing of funds from the European Maritime and Fisheries Fund (EMFF);
Amendment 93 #
2011/2291(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to re-examine the principle of relative stability under the parameters for guaranteeing preferential share-out of coastal communities and equal access to waters and fishery resources; recognising that existing distribution of quota has been based on often high-value commercial transactions and any such redistribution should take that in account.
Amendment 57 #
2011/2290(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that incentives should be offered to those who fish sustainably using environment-friendly fishing methods, in order to ensure positive use of such fishing practices; this includes providing support for a voluntary EU eco-label, which could be subcontracted to pre-exisintg certification bodies, in order to ensure a level-playing field for fishermen and producers both outside and inside the EU
Amendment 101 #
2011/2290(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that a ban on discards should only be put in place if accompanied by technical measures to reduce unwanted bycatch and incentives to encourage selective fishing practices, provided the ecosystem balance is maintained; priority should go to avoiding unwanted catches in the first place, rather than finding ways to market them; also stresses the importance of stakeholder engagement and careful design of the landing obligation, in order not to shift from unwanted fish in the sea to unwanted fish on land; where no storage or fishmeal/fishoil industry exists, the continued discarding of non-commercial species must be allowed, provided that such discards are fully logged and accounted for.
Amendment 158 #
2011/2290(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that the main reason for this lack of basic scientific data on the majority of stocks is inadequate reporting by Member States; in this respect, calls on the Commission to provide Member States with technical and financial assistance, if necessary, for the collection and analysis of reliable data, employing both positive and negative incentives;
Amendment 195 #
2011/2290(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Believes that a voluntary system of TFCs should only allow for trade within a sea-basin, trade only between active fishermen and should only be traded in a way where small scale vessels can buy from larger vessels but not the reverse, with a percentage ceiling on the total TFCs that any one organisation or individual can hold
Amendment 203 #
2011/2290(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that prior to the mandatovoluntary introduction of TFCs the Commission should undertake fleet assessments in order to obtain credible results vis-à-vis the precise situation of overcapacity at EU level, thus making it possible to propose appropriate and targeted instruments for its reduction;
Amendment 256 #
2011/2290(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that as far as regionalisation is concerned, the key response is good governance, which means a bottom-up approach where the Commission set the framework and empower the Member States to carry out the day to day management of fisheries; stresses that clear and simple rules must be established at the appropriate level, thus increasing compliance; also strongly believes that the Regional Advisory Councils (RACs) promote dialogue and cooperation between stakeholders and should contribute actively to the establishing of Long Term Management Plans;
Amendment 13 #
2011/2108(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Emphasizes concerns that due to the high cost of establishing a beekeeping enterprise, there are fewer people entering the sector, resulting in a shortfall in hives needed to pollinate vital agricultural crops.
Amendment 73 #
2011/2108(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines the importance of current EU funding for the promotion of production and marketing of apiculture products yet stresses the need to ensure that each Member States applies this funding as it is intended.
Amendment 9 #
2011/2107(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that specific budget allocations for calls for proposals within the new Framework Programme and actions deriving from it would help to combat many of the sector's weaknesses and would also help build a stronger position for fisheries researchers. Stresses also that building a strong research base, both at a European level and in Member States, would help to further develop a sustainable fisheries and aquaculture sector;
Amendment 162 #
2011/0380(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The scope of the EMFF should cover the support of the CFP which extends to conservation, management and sustainable exploitation of marine biological resources, fresh water biological resources and- aquaculture, as well as to the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States, or in Union waters, including by fishing vessels flying the flag of, and registered in, third countries, or by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea.
Amendment 187 #
2011/0380(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union's environmental policy and the Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield, not later than 2015. The CFP shall implement the precautionary and eco- system approaches to fisheries managemen by 2015 where possible and by 2020 at the latest. Consequently the EMFF should contribute to the protection of the marine environment as set out in the 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).
Amendment 189 #
2011/0380(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union's environmental policy and the Europe 2020 Strategy. The CFP is aimed at an sustainable exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield, not later than 2015. The CFP shall implement the precautionary andan eco- system-based approaches to fisheries and aquaculture management. Consequently the EMFF should contribute to the protection of the marine environment as set out in the 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).
Amendment 201 #
2011/0380(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The consequences laid down for the failure to fulfil the eligibility conditions should apply in case of infringements of the CFP rules by the beneficiaries. In order to determine the amount of ineligible expenditure, the gravityseverity, extent, duration and re-occurrence of the non compliance by the beneficiary with CFP rules, the economic advantage derived from the non- compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary should be taken into account.
Amendment 219 #
2011/0380(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to increase the competitiveness and economic performance of fishing activities it is vital to stimulate innovation and entrepreneurship. Therefore the EMFF should support innovative operations and business development which add value to the industry and food production and offer adequate environmental protection. All such operations should be economically viable.
Amendment 257 #
2011/0380(COD)
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 safety and hygiene on board provided that the investment will not lead to an increase in the fishing capacity of the vessel.
Amendment 263 #
2011/0380(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) As a result of the establishment of voluntary systems of transferable fishing concessions envisaged in Article 27 of the [CFP Regulation] and in order to support Member States in the implementation of these new systems, the EMFF should grant support in terms of capacity building and exchange of best practices.
Amendment 275 #
2011/0380(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The introduction of the voluntary transferable fishing concessions systems should make the sector more competitive. Consequently, there may be a need for new professional opportunities outside the fishing activities. Therefore, the EMFF should support the diversification and job creation in fishing communities in particular by supporting business start-ups and the reassignment of vessels for maritime activities outside fishing activities of small scale coastal fishing vessels. This last operation seems to be appropriate as the small scale coastal fishing vessels are not covered by the transferable fishing concessions systems.
Amendment 287 #
2011/0380(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The objective of the Common Fisheries Policy is to ensure a sustainable exploitation of fish stocks. Overcapacity has been identified as a major driver for overfishing. It is therefore paramount to adapt the Union fishing fleet to the resources available. The removal of overcapacity through public aid such as temporary or permanent cessation and scrapping schemes has proven ineffective. The EMFF will therefore support the establishment and management of voluntary systems of transferable fishing concessions aiming at the reduction of overcapacity and increased economic performance and profitability of the operators concerned.
Amendment 299 #
2011/0380(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) With overcapacity being one of the key drivers of overfishing, measures need to be taken to adapt the Union fishing fleet to the resources available; in this context, the EMFF should support the establishment, modification and management of the voluntary systems of transferable fishing concessions introduced by the CFP as management tools for reducing overcapacity.
Amendment 320 #
2011/0380(COD)
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 caught. Considering the scarcity of the resources, in order to maximise the value of the fish caught, the EMFF should also support investments on board aiming at adding commercial value to fish caught. This support for investments shall be conditional upon the use of more selective gear to minimise unwanted catch.
Amendment 339 #
2011/0380(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Aquaculture contributes to growth and jobs in coastal and rural regions. Therefore, it is crucial that the EMFF is accessible to aquaculture enterprises, in particular SMEs and contributes to bringing new aquaculture farmers into the business. In order to increa. The EMFF shall encourage the entry of new aquaculture enterprises the competitiveness and economic performance of aquaculture activities it is vital to stimulate innovation and entrepreneurship. Therefore the EMFF should support innovative operations and business development, in particular non-food and off-shore aquacultureat are innovative, add value to the industry and food production and those enterprises that offer adequate environmental protection.
Amendment 361 #
2011/0380(COD)
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 lifelong learning and networking stimulating the dissemination of knowledge as well as advisory services helping to minimise the environmental impact of aquaculture and to improve the overall performance and competitiveness of operators.
Amendment 371 #
2011/0380(COD)
Proposal for a regulation
Recital 54
Recital 54
Amendment 388 #
2011/0380(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) In order to ensure the viability of fisheries and aquaculture in a highly competitive market, it is necessary to lay down provisions granting support for the implementation of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products] as well as for marketing and processing activities carried by operators to maximise the value of fisheries and aquaculture products. Particular attention should be paid to the promotion of operations which integrate producing, processing and marketing activities of the supply chain. In order to adapt to the new discard ban policy, the EMFF should also support the processing of unwanted catches as a complementary measure to the requirement to use more selective gear to minimise unwanted catch.
Amendment 414 #
2011/0380(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) It is paramount that Member States and operators are equipped in such a way that controls can be carried out regularly and to a high standard and therefore ensure compliance with the rules of the Common Fisheries Policy while providing for the sustainable exploitation of living aquatic resources; the EMFF should therefore support Member States and operators in conformity with Council Regulation (EC) No 1224/2009. By creating a culture of compliance, this support should contribute to sustainable growth.
Amendment 485 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 6 a (new)
Article 3 – paragraph 2 – point 6 a (new)
(6a) 'fishing capacity' means the ability of a vessel to catch fish. Indicators that can be used to quantify fishing capacity are vessel characteristics, including a vessel's tonnage in GT (Gross Tonnage) and its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/8635, the fishing gear and fishing technique it employs and the number of days spent fishing;
Amendment 531 #
2011/0380(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) promoting sustainable and competitive fisheries and aquaculturfisheries and aquaculture which are competitive, economically viable and socially and environmentally sustainable;
Amendment 555 #
2011/0380(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) fostersupporting the implementation of the CFP and the Common Organisation of the Markets in Fisheries and Aquaculture products.
Amendment 568 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The achievement of the objectives of the EMFF shall contribute to the implementation of the Common Fisheries Policy and to the Europe 2020 strategy for smart, sustainable and inclusive growth. It shall be pursued through the following six Union priorities, which translate the relevant Thematic Objectives of the Common Strategic Framework (hereinafter CSF):
Amendment 641 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 3 – introductory part
Article 6 – paragraph 1 – point 3 – introductory part
(3) Fostering sustainable, innovative, competitive and knowledge based aquaculture through the focus on the following areas:
Amendment 657 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 4 – point a
Article 6 – paragraph 1 – point 4 – point a
(a) reduction ofminimising the impact of fisheries on the marine environment;
Amendment 671 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 4 – point b a (new)
Article 6 – paragraph 1 – point 4 – point b a (new)
(ba) reduction of bycatch levels;
Amendment 694 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 6 – point b
Article 6 – paragraph 1 – point 6 – point b
(b) the support to monitoring, control and enforcement, enhancing institutional capacity and an efficient public administration.
Amendment 703 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 6 a (new)
Article 6 – paragraph 1 – point 6 a (new)
(6a) Improve the business environment for a strong and sustainable processing industry, and support the development of an innovative industrial base, able to compete globally and create jobs in the EU.
Amendment 744 #
2011/0380(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) the identification of the period of time referred to in paragraphs 1 and 2 which shall be proportionate to the seriousness or to the repetitionverity, extent, duration and re-occurrence of the infringement or non-compliance;
Amendment 775 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b b (new)
Article 13 – paragraph 1 – point b b (new)
(bb) investments on board for vessels belonging to a fleet segment for which the capacity report, referred to in article 34.1 of the [Regulation on Common Fisheries Policy], has not demonstrated that there is a sustainable balance between fishing opportunities and fleet capacity.
Amendment 808 #
2011/0380(COD)
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 and III and IV of Title V.
Amendment 847 #
2011/0380(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The budgetary resources allocated to the Integrated Maritime Policy shall not exceed 4% of the total budget for the EMFF.
Amendment 885 #
2011/0380(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point d a (new)
Article 19 – paragraph 1 – point d a (new)
(da) where applicable, consistency of the measures under Union priorities for the EMFF with the Natura 2000 prioritised action frameworks and the achievement of Good Environmental Status by 2020 as defined under the Marine Strategy Framework Directive
Amendment 925 #
2011/0380(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point n a (new)
Article 20 – paragraph 1 – point n a (new)
(n a) targets to achieve a balance between fishing capacity and available fishing opportunities referred to in article 34.1 of the [Regulation on Common Fisheries Policy] .
Amendment 926 #
2011/0380(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point o – introductory part
Article 20 – paragraph 1 – point o – introductory part
(o) For the objective of collection of data for sustainable fisheries management referred in under Articles 6(6) and 18(4) and in accordance with the multiannual Union programme referred to in Article 37(5) of the [Regulation on Common Fisheries Policy] and for the analysis of the economic situation of the processing industry:
Amendment 929 #
2011/0380(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point o – point i – introductory part
Article 20 – paragraph 1 – point o – point i – introductory part
(i) a description of activities of data collection to be carried out in consultation with stakeholders to allow the following:
Amendment 940 #
2011/0380(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point o – point i – indent 3
Article 20 – paragraph 1 – point o – point i – indent 3
– an evaluation of the effects of the fishing and aquaculture sectors on the ecosystem.
Amendment 992 #
2011/0380(COD)
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, new or improved processes, new or improved management and organisation systems, processes and management and organisation systems, particularly those promoting ecologically sustainable fishing.
Amendment 1001 #
2011/0380(COD)
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3 a. The application procedure for innovation support shall be made more accessible to encourage more projects
Amendment 1012 #
2011/0380(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b a (new)
Article 29 – paragraph 1 – point b a (new)
(b a) the provision of professional advice on environmental sustainability
Amendment 1039 #
2011/0380(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Activities referred to in paragraph 1(b) may cover data collection activities, studies, pilot projects, dissemination of knowledge and best practices.
Amendment 1169 #
2011/0380(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In order to improve working conditions on board for fishermen the EMFF may support investments on board or in individual equipments providing that these investments go beyond standards required under national or Union law and do not increase the capacity of the fishing vessel.
Amendment 1207 #
2011/0380(COD)
Proposal for a regulation
Article 34 – title
Article 34 – title
Support to voluntary systems of transferable fishing concessions of the CFP
Amendment 1214 #
2011/0380(COD)
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
1. In order to establish or modify voluntary systems of transferable fishing concessions under Article 27 of the [Regulation on the CFP], the EMFF may support:
Amendment 1262 #
2011/0380(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) stakeholder participation and cooperation between Member States in designing and implementing conservation measures in the meaning of Articles 17 and 21 of the [Regulation on Common Fisheries Policy]
Amendment 1276 #
2011/0380(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. In order to reduce the impact of fishing on the marine environment, foster the elimination of discards and facilitate the transition to the exploitation of living marine biological resources that levels capable of restoresing and maintainsing populations of harvested species above levels which can produce the MSY, the EMFF may support research and investments in equipment aimed at:
Amendment 1332 #
2011/0380(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point a
Article 38 – paragraph 1 – point a
(a) collection of waste from the sea by fishermen, such as the removal of lost fishing gears and marine litter;
Amendment 1360 #
2011/0380(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point f a (new)
Article 38 – paragraph 1 – point f a (new)
(f a) relevant training to enable fishermen to participate in the operations listed in points (a) - (f);
Amendment 1398 #
2011/0380(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Support shall notfor investments referred to in paragraph 1(a) may contribute to the replacement or modernisation of main or ancillary engines provided that this does not contribute to overcapacity. Support shall only be granted to owners of fishing vessels under 12m in length and not more than once during the programming period for the same fishing vesselfor the same type of equipment.
Amendment 1429 #
2011/0380(COD)
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2 a. Support under this Article shall be conditional upon the use of more selective gears to minimise unwanted catch.
Amendment 1529 #
2011/0380(COD)
Proposal for a regulation
Article 44 – paragraph 1 a (new)
Article 44 – paragraph 1 a (new)
1 a. Support under this Chapter shall only be granted where it has been clearly demonstrated through an independent marketing report that good sustainable market prospects exist for the product. The enterprises created should be economically viable and not contribute to overproduction in the sector.
Amendment 1692 #
2011/0380(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. In order to foster entrepreneurship in aquaculture, the EMFF may support the setting up of aquaculture enterprises by new starting farmers that are innovative, add value to the industry and food production and those enterprises that offer adequate environmental protection.
Amendment 1703 #
2011/0380(COD)
Proposal for a regulation
Article 51 – paragraph 2 – point c
Article 51 – paragraph 2 – point c
(c) submit a credible business plan for the development of their aquaculture activities.
Amendment 1779 #
2011/0380(COD)
Proposal for a regulation
Article 57
Article 57
Amendment 1818 #
2011/0380(COD)
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, 2 and 3).
Amendment 1889 #
2011/0380(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
Support under this Chapter shall contribute to achieve the specific objectives of Chapter I and Chapter II of this Title.:
Amendment 1897 #
2011/0380(COD)
Proposal for a regulation
Article 68 – paragraph 1 - point a (new)
Article 68 – paragraph 1 - point a (new)
(a) achieving the specific objectives of Chapter I and Chapter II of this Title.
Amendment 1899 #
2011/0380(COD)
Proposal for a regulation
Article 68 – paragraph 1 - point b (new)
Article 68 – paragraph 1 - point b (new)
(b) Improving the competitiveness of the processing industry
Amendment 1901 #
2011/0380(COD)
Proposal for a regulation
Article 68 – paragraph 1 - point c (new)
Article 68 – paragraph 1 - point c (new)
(c) Improving food safety and quality of the products.
Amendment 1903 #
2011/0380(COD)
Proposal for a regulation
Article 68 – paragraph 1 - point d (new)
Article 68 – paragraph 1 - point d (new)
(d) Reducing the negative impact on the environment and increasing energy efficiency.
Amendment 1905 #
2011/0380(COD)
Proposal for a regulation
Article 68 – paragraph 1 - point e (new)
Article 68 – paragraph 1 - point e (new)
(e) A better use of minor species, by- products and waste.
Amendment 1907 #
2011/0380(COD)
Proposal for a regulation
Article 68 – paragraph 1 - point f (new)
Article 68 – paragraph 1 - point f (new)
(f) Development, production and marketing of new products and the use of new technologies and innovative production methods.
Amendment 1909 #
2011/0380(COD)
Proposal for a regulation
Article 68 – paragraph 1 - point g (new)
Article 68 – paragraph 1 - point g (new)
(g) Opening and developing new markets.
Amendment 1910 #
2011/0380(COD)
Proposal for a regulation
Article 68 – paragraph 1 - point h (new)
Article 68 – paragraph 1 - point h (new)
(h) Improving working conditions and training of workers.
Amendment 1948 #
2011/0380(COD)
Proposal for a regulation
Article 71 – paragraph 1 – point a – point i
Article 71 – paragraph 1 – point a – point i
(i) surplus or underexploited species;
Amendment 1979 #
2011/0380(COD)
Proposal for a regulation
Article 71 – paragraph 1 – point e
Article 71 – paragraph 1 – point e
(e) creating producers' organisations, associations of producer organisations or inter-branch organisations recognised under Chapter II, Section III of Regulation [on the Common Organisation of the markets in fisheries and aquaculture products]; and contribute to their internal functioning in order for them to play a more meaningful role in the day to day management of fisheries.
Amendment 2022 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d a (new)
Article 72 – paragraph 1 – point d a (new)
(d a) improving food safety and quality characteristics of the products
Amendment 2028 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d b (new)
Article 72 – paragraph 1 – point d b (new)
(d b) development or marketing of new or substantially improved products, processes or management systems with respect to the most advanced existing techniques.
Amendment 2033 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point 4 d c (new)
Article 72 – paragraph 1 – point 4 d c (new)
(d c) improving working conditions and worker training in processes, management systems and innovative organization.
Amendment 2036 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d d (new)
Article 72 – paragraph 1 – point d d (new)
(d d) improving the competitiveness of the existing structures.
Amendment 2098 #
2011/0380(COD)
Proposal for a regulation
Article 79 – paragraph 2 – point a
Article 79 – paragraph 2 – point a
(a) the collection, management and use of data for the purpose of scientific analysis and CFP implementation;
Amendment 2176 #
2011/0380(COD)
Proposal for a regulation
Article 84 – paragraph 1 – point e
Article 84 – paragraph 1 – point e
(e) market intelligence; including the establishment of electronic markets
Amendment 2185 #
2011/0380(COD)
Proposal for a regulation
Article 85 – paragraph 2 – point e a (new)
Article 85 – paragraph 2 – point e a (new)
(ea) the establishment of electronic markets better to coordinate information between market operators and processors.
Amendment 2197 #
2011/0380(COD)
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
The EMFF may support the development and dissemination of market intelligence for fishery and aquaculture products by the Commission in accordance with Article 49 of [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products]. , including establishing electronic markets better to coordinate information between market operators and processors;
Amendment 2347 #
2011/0380(COD)
Proposal for a regulation
Article 117 – paragraph 3
Article 117 – paragraph 3
3. For the cases of financial corrections applied on expenditure directly linked to the non-compliance with Article 105, the Member States shall decide the amount of a correction taking into account the gravityseverity, extent, duration and re- occurrence of the non compliance by the beneficiary with CFP rules, the economic advantage derived from the non- compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary.
Amendment 2352 #
2011/0380(COD)
Proposal for a regulation
Article 119 – paragraph 1 – point a a (new)
Article 119 – paragraph 1 – point a a (new)
(aa) where Member States failed to fulfil their obligations to collect and transmit data and/or their obligation to achieve a balance between fleet capacity and fishing opportunities as referred to in article 34.1 of the [Regulation on Common Fisheries Policy].
Amendment 15 #
2011/0345(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1300/2008
Article 2 − point (e)
Article 2 − point (e)
(e) “stock of herring stock in the Warea west of Scotland” means the stock of herring (clupea harengus) whichdistributed to the west of Scotland which currently inhabits Union and international waters of ICES divisizones Vb, and VIab and VIbthe part of ICES zone VIa which lies east of the meridian of longitude 7°W and north of the parallel of latitude 55°N, or west of the meridian of longitude 7°W and north of the parallel of latitude 56°, excluding the Clyde.
Amendment 64 #
2011/0309(COD)
Proposal for a regulation
Title
Title
Proposal for a RegulationDirective of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities (Text with EEA relevance)
Amendment 81 #
2011/0309(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) As no existing financial security instruments, including risk pooling arrangements, can accommodate all possible consequences of extreme accidents, the Commission should proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations, requirements on financial capacity including availability of appropriated financial security instruments or other arrangements. Whilst the Commission proceeds with further analysis and studies of the appropriate measures, this Directive should not introduce any new provisions which extend beyond existing recognised best practice. Extending financial security requirements at this stage would come with no guarantee that the market would implement the new provisions effectively and that they would not adversely affect other relevant sectors such as the fishing industry or the ability of smaller oil companies to operate in Member States' waters.
Amendment 85 #
2011/0309(COD)
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
1. ‘acceptable’ shall mean: renderingtolerable’ means where a risk of a major accident tolerableis reduced to the furthest extent beyond which no significant reduction of the risk is derived from the input of further time, resources or costthe input of time, resources or cost required to further minimise the risk would be grossly disproportionate to the risk;
Amendment 87 #
2011/0309(COD)
Proposal for a regulation
Article 2 – point 18
Article 2 – point 18
18. ‘major accident’ shall means: an occurrence such as fire or explosion, significant loss of well control or significant escape of hydrocarbons to the environment, significant damage to the installation or equipment thereon, loss of structural integrity of the installation, and any other event involving death or major injury to five or more persons on or working in connection with the installation(a) explosion, loss of well control, release of hydrocarbons or dangerous substances involving fatalities or serious personal injury; (b) an incident leading to serious damage to the installation or equipment thereon, with an imminent risk of fatalities or serious personal injury; (c) any other event leading to serious injury to five or more persons on the offshore installation from which the source of danger occurs or engaged in an activity in connection with it; (d) any significant or serious damage to the environment relating to the above;
Amendment 94 #
2011/0309(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on safety of offshore oil and gas prospection, exploration and production activities (Text with EEA relevance)
Amendment 98 #
2011/0309(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Operators shall ensure that offshore oil and gas activities covered by this Regulation shall bare performed on the basis of a systematic risk assessment of the likelihood of hazardous events and their consequences, and the implementation of control measures so that the residual risks of major accidents to people, the environment, and offshore assets are accepttolerable.
Amendment 106 #
2011/0309(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Pursuant to Directive 1994/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons[1] offshore oil and gas activities in the Union may be performed subject to the obtainment of an authorisation. In this context the competentlicensing authority is required to consider the technical and financial risks, and where appropriate, the previous record of responsibility, of applicants seeking exclusive exploration and production licenses. There is the need to ensure that when examining the technical and financial capability of the licensee the competentlicensing authorities thoroughly examine also its capability for ensuring continued safe and effective operations under all foreseeable conditions.
Amendment 112 #
2011/0309(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Licensing authorities shall, when considering whether to grant authorisation for offshore oil and gas activities pursuant to Directive 94/22/EC, pay special attention to all ecologically sensitive marine and coastal environments, many of which play an important role in mitigation and adaptation to climate change.
Amendment 117 #
2011/0309(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to maintain the effectiveness of major accident risk controls in Union waters, Major Hazard Reports need to be prepared in respect of any significant aspect of the lifecycle of a production installation, including design, operation, operations when combined with other installations, major modifications, and final abandonment. The report needs to be submitted to the competent authority so that the operations may not proceed unless the competent authority has assessed and then accepted the Major Hazards Report bey means of an appropriate consenting procedure.
Amendment 132 #
2011/0309(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Member State considers that a well operation or the operation of an installation maymajor accident relating to an offshore oil and gas operation under its jurisdiction is likely to have significant negative effects on waters ofthe environment in another Member State in the case of an accident, or where a Member State likely to be significantly affected so requests, the Member State in whose jurisdiction the operations are to take place, shall forward the relevant information to the affected Member State the relevant information and shall endeavour to adopt joint preventiveagreed measures to prevent damages.
Amendment 135 #
2011/0309(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Apart from the measures introduced in this Regulation, the Commission (via the Offshore Authorities Forum) should explore other appropriate means of improving the prevention of offshore oil and gas accidents and mitigation of their effects.
Amendment 139 #
2011/0309(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The major accident prevention policy and the safety management systems shall be prepared in accordance with the requirements set out in Annex IV and shall make clear the operator's primary responsibility for the control of major hazard risks, which are a result of its activitierelating to the offshore oil and gas operations.
Amendment 149 #
2011/0309(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where non compliance with the provisions of paragraph 1 to this Article poses an immediate danger to human health or threatens to cause anan activity carried out by an operator poses an immediate danger to human health or significantly increases the risk of a major accident, operators shall take immediate significantd adverse effect upon safety and/or the environment, the operation of the installation or operation of relevant part thereof shall be suspended by the operator, until compliance is restoredppropriate measures, such as the suspension of the operation of the installation, until the threat of or actual imminent danger is brought under control.
Amendment 152 #
2011/0309(COD)
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. Member States with offshore oil and gas activities under their jurisdiction shall monitor the effectiveness of the competent authority and shall take any necessary measures to effect improvements thereto.
Amendment 155 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. ‘'acceptance’' shall mean: the conveyance in writing to the operator by the competent authority of the positive conclusions of its examination of the operator's Major Hazards Report pursuant to the requirements of this Regulationthat its assessment of the Major Hazards Report has concluded that the arrangements and measures described, taken as a whole, are likely to achieve compliance with this Regulation if they are implemented as described;
Amendment 156 #
2011/0309(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Operators shall communicate details of the national arrangements pursuant to paragraph 1 to their employees, and to employees to relevcontractors antd subcontractors connected with the operation and their employees, and ensure that reference to anonymous reporting is included in relevant training and notices.
Amendment 156 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘'commencement of operations’' shall mean: the point in time when the installation for connected infrastructure is involved for the first time in the operations for which it is designed for.
Amendment 157 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘'connected infrastructure’' shall mean: an offshore equipment, pipeline or some oy well (and associated structures, supplementary units and devices) connected to ther installation above or below the water surface used for transporting oil and gas to another installation nearby, onshore processing or storage facility or for transporting and loading oil to a shuttle tankernd any pipeline apparatus or works within 500m of the main structure of the offshore installation to which it is attached, as well as any apparatus or works on or fixed to the main structure of the offshore installation;
Amendment 159 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
8 a. 'entity' shall mean any natural or legal person or any group of such persons;
Amendment 161 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘'consenting procedure’' shall mean: a procedure of thorough assessment of all relevant information concerning a planned offshore oil and gas operation by the competent authority, concluded by acceptance of the major hazard report by the competent authority and absence of objections to well orand the absence of objections by the competent authority to the combined operations notifications or well notification submitted by the operators;
Amendment 162 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘exclusion'safety zone’' shall mean: area surrounding the installation or connected infrastructure that is established by the Member State in which unrelated activities are prohibited;
Amendment 163 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 164 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘'external emergency response plan’' shall mean: local, national or regional strategy to prevent escalation or limit consequences of an accident related to offshore oil and gas operations using all available resources in addition toof the operator including those described in internal emergency response plans, and any supplementary resources made available by the Member States;
Amendment 168 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. ‘'industry’' shall mean: private companentities that are directly involved in offshore oil and gas activities pursuant to this regulation or whose activities are closely related to those operations;
Amendment 171 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
14. ‘'installation’' shall mean: either a production or a non-production installa stationary fixed or mobile facility, or a combination of facilities permanently inter-connected by bridges or other structures, used for offshore oil and gas operations or in connection with these operations ;
Amendment 172 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
15. ‘'internal emergency response plan’' shall mean: an overview prepared by operators pursuant to requirements of this Regulation of the measures to prevent escalation or limit consequences of an accident related to offshore oil and gas operations within an exclusion zone around the installation;
Amendment 173 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
15 a. 'licence' shall mean the authorisation conferring exclusive rights for the purpose of undertaking offshore oil and gas operations;
Amendment 175 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
17. ‘'licensee’' shall mean: the holder ofr joint holder of an authorisation to carry out offshore operation pursuant to Directive 94/22/ECil and gas operations;
Amendment 176 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
18. ‘'major accident’' shall mean: an occurrence such as fire or explosion, significant loss of well control or significant escape of hydrocarbons to th) explosion, loss of well control, release of hydrocarbons or dangerous substance einvironment, significant damage to the installation or equipment thereon, loss of structural integrity of the installation, andolving fatalities or serious personal injury. b) an incident leading to serious damage to the installation or equipment thereon, with an imminent risk of fatalities or serious personal injury; c) any other event involvingleading to death or majorserious injury to five or more persons on or working in connection with the installationthe offshore installation from which the source of danger occurs or engaged in an activity in connection with it; d) any major environmental incident;
Amendment 179 #
2011/0309(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Competent authorities shall make information received pursuant to this Regulation available to any natural or legal personentity who so requests.
Amendment 179 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
18 a. 'major environmental incident' shall mean: an incident which is likely to result, or has resulted, in significant adverse changes to the environment, having regard to significance under Directive 2004/35/EC;
Amendment 182 #
2011/0309(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Pursuant to paragraph 2, or for the purposes of public participation pursuant to Article 5, the operator shall supplybmit to the competent authority, and make available to the public, a version of the requested document that excludes confidential information.
Amendment 184 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
21. ‘'offshore oil and gas operations’' shall mean: all activitieoperations related to exploring for, producing or processing of oil and gas offshore. This includes transport of oil and gas through offshoreconnected infrastructure connected to anto an offshore installation or subsea installation but not transportation of oil and gas from one coast to another, where connected infrastructure only passes through the jurisdiction of a Member State;
Amendment 188 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
23. ‘operator of 'production installation’ operator' shall mean: a personan entity appointed by the licensee to manage and control the main functions of a production installation and approved by the Member State;
Amendment 189 #
2011/0309(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) be initiated to contain an incipientrespond to any major accident within the installation, or within the exclusion zone established by the Member State around the perimeter of the installation, or subsea wellheadinvolving an installation or the connected infrastructure;
Amendment 191 #
2011/0309(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) be operated in line with the external emergency response plan where the accident has escalated beyond the installatioand it is necessary to supplement the internal emergency response plan.
Amendment 191 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
24. ‘owner’'non-production installation operator' shall mean: a personn entity legally entitled to control the operation of a non- production installation and approved by the Member State;
Amendment 192 #
2011/0309(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The operator shall maintain access to equipment and expertise relevant to the plan to be available at all times, and shared as necessary with the relevant Member State in the execution of the external emergency response plan.
Amendment 193 #
2011/0309(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The internal emergency response plan shall be prepared in accordance with the provisions of Annex V, and updated in line with any relevant changes to the major hazard risk assessments in the well plan or Major Hazards Report as appropriateor notifications submitted pursuant to Annex II. Any such updates shall be advisnotified to the relevant authorityies responsible for preparing the external emergency response plans for the area concerned.
Amendment 194 #
2011/0309(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 194 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
Amendment 195 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
28. ‘'public’' shall mean: one or more natural or legal personentities and, in accordance with national legislation or practice, their associations, organisations or groups;
Amendment 199 #
2011/0309(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction. The external emergency response plans shall specify the role of operators in the external emergency response.
Amendment 199 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 30 a (new)
Article 2 – paragraph 1 – point 30 a (new)
30 a. 'safety critical elements' shall mean: such parts of an installation and such parts of its plant, including computer programmes, the failure of which could cause or contribute substantially to a major accident, or a purpose of which is to prevent, or limit the effect of a major accident;
Amendment 201 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
32. ‘'well operation’' shall mean: the drilling of a well for exploration or production purposes, including suspension ofany operation concerning a well that can result in the accidental release of materials that has the potential to lead to a major accident, including the drilling of a well related to offshore oil and gas operations, the repairing or modifying of a wells, permanent abandonment, or any operation concerning a well that can result in the accidental release of fluids or risk of major accidentthe suspension of operations or the permanent abandonment of a well;
Amendment 202 #
2011/0309(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. External emergency response plans shall be prepared with the cooperation of relevant operators and, as appropriate, licensees, and aligned with thecurrent internal emergency response plans of the existing or planned installations stationed or plannedconnected infrastructure in the subject area. Any update to the internal plans advised by an operator should be taken into account.
Amendment 202 #
2011/0309(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
33. ‘'well operator’' shall mean: the person appointed by the licenseean entity appointed to plan and execute a well operation and approved by the Member State.
Amendment 204 #
2011/0309(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States with offshore oil and gas activities under their jurisdiction shall take all suitable measures to achieve a high level of compatibility and interoperability of response equipment and expertise between all Member States in a geographical region, and further afield where appropriate. Member States concerned shall encourage industry to develop compatible response instrumentequipment and services in the spirit of this paragraph.
Amendment 206 #
2011/0309(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The operator shall immediately notify the relevant authorities of a major accident or of a situation with immediate risk of a major accident. Where necessary, relevant authorities shall assist the operator concerned with a view to preventing escalation of the risk or accident. The notification shall include the circumstances of the accident and its foreseen consequences.
Amendment 207 #
2011/0309(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. In the event of an major accident, the relevant authoritiesoperator, in cooperation with operators concerned, shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences. The operator may be assisted by the relevant authorities who may supply additional resources.
Amendment 207 #
2011/0309(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Should a major accident nonetheless occur, operators and competent authorities shall take all suitable measures to limit their consequences for human health and the environment and where possible to avoid serious disruptions of oil and gas production within the Union.
Amendment 210 #
2011/0309(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where transboundary effects of offshore oil and gas accidents are foreseeable, the Member States concerned shall make information available to the Commission and potentially affected Member States or third countries on a reciprocity basis and take identified risks into account when preparing the external emergency response plan. The Member States in question shall coordinate their emergency response plans to facilitate joint response to an accident. Where transboundary effects of onshore oil and gas accidents are foreseeable and present risks for third countries, Member States shall make information available to the Commission and, on a reciprocity basis, to the third countries.
Amendment 218 #
2011/0309(COD)
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Article 2(1)(b) of that Directive shall be replaced by the following:Before amending Directive 2004/35/EC, the Commission shall undertake an impact assessment to ascertain how extending the geographical scope of the Directive will affect all marine industry sectors. The Commission shall ensure full consultation with the relevant sectors, including the fisheries and insurance industries.
Amendment 224 #
2011/0309(COD)
Proposal for a regulation
Annex II – part 2 – point 4
Annex II – part 2 – point 4
(4) demonstration that all the major hazards have been identified, their likelihood and consequences assessed, and that their control measures arincluding safety critical elements are and will continue to be suitable so as to reduce risks of a major hazard event to persons and the environment to an acceptable extent tolerable level;
Amendment 225 #
2011/0309(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Authorisations for offshore oil and gas exploration operations, and for production operations shall be granted separatelyrelating to the same licensed area shall be granted progressively such that information collected pursuant to exploration activity can be considered by the licensing authority prior to production operations being authorised.
Amendment 234 #
2011/0309(COD)
Proposal for a regulation
Annex IV – paragraph 4
Annex IV – paragraph 4
4. Operators shall ensure that hazardous substances are at all times contained within the pipelines, vessels and systems intended for their safe confinement. In addition, operators shall ensure that no single failure of a barrier to loss of containment barrier can lead to a major hazard incident.
Amendment 244 #
2011/0309(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Installations and connected infrastructure shall only be operated in licensed areas by licensees, or entities they contract andoperators appointed for that purpose, and that are approved by Member States.
Amendment 246 #
2011/0309(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. The licensee shall ensure that the appointed operator is capable of satisfactorily carrying out the functions and duties pursuant to the requirements of this Regulation, and take all reasonable steps to ensure that the functions and duties are undertaken in accordance with these requirements.
Amendment 247 #
2011/0309(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the competent authority considers that the person appointed by the licensee is not competent to act as operator of an installation or as a well operatorinforms the Member State's licensing authority that the operator is not competent to perform the relevant functions and duties , the licensee shall be notified by the licensing authority thereof and; shall assume all responsibilities of an operator pursuant to this Regulationy for the execution of the functions and duties; and shall nominate a replacement operator as soon as possible.
Amendment 248 #
2011/0309(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Installations pursuant to paragraph 1 may not commence or continue operations within licensed areas without submission of a Major Hazards Report pursuant to conditions and deadlines specified in Articles 10 and 11 and its acceptance by the competent authority pursuant to this Regulation.
Amendment 249 #
2011/0309(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Well and combinedCombined operations or well operations may not be undertaken unless the Major Hazards Report for the installation has been accepted pursuant to paragraph 3 of this Article. Furthermore, operations may not be commenced and conducted without submission of a well or combined operations notification pursuant to conditions and deadlines specified inor well notification pursuant to Articles 13 and 14 to the competent authority, or if the competent authority expresses objections to the content of the a notification.
Amendment 252 #
2011/0309(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States with offshore oil and gas activitieoperations under their jurisdiction shall appoint a competent authority responsible for duties laid down inrelated to the scope of this Regulation.
Amendment 253 #
2011/0309(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The competent authoritiesy appointed pursuant to paragraph 1 as a minimum shall be responsible for the following taskduties:
Amendment 254 #
2011/0309(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) performing inspecoverseeing compliance of operators and owners with this legislations, by conducting inspections and investigations and taking enforcement action;
Amendment 255 #
2011/0309(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The cCompetent authority shall be organised in accordance withies undertaking duties pursuant to this Regulation shall be functionally independent from those provisions of Article 19 so as to earts of the Member States exercising functionsu re independent performance of potentially conflicting tasks, expertise and general effectiveness in regulating offshore oil and gas activitilating to economic development of the Member State, in particular the granting of authorisations pursuant to Directive 94/22/EC, and the setting of policy for, and collection of, related revenues.
Amendment 257 #
2011/0309(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that the competent authorityies have adequate human and financial resources to perform its tasks accordingthe duties pursuant to this Regulation.
Amendment 265 #
2011/0309(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Subject to the transitional provisions in Article 39, the operator of a production or a non-production installation shall submit to the competent authority the following documents:
Amendment 266 #
2011/0309(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) in the case of a planned production installation, a design notification in accordance with the minimum requirements of Annex II, part 1;
Amendment 267 #
2011/0309(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) a Major Hazard Report containing the details specified in Article 10 or Article 1in the case of an existing production installation which is to be moved to a new production location where it is to be operated, a relocation notification in accordance with the requirements of Annex II, part 1;
Amendment 268 #
2011/0309(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) an internal emergency response plan pursuant to Article 12, integrated into the Major Hazards Report Major Hazard Report containing the details specified in Article 10;
Amendment 269 #
2011/0309(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 272 #
2011/0309(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The competent authority shall receive the design notification no later than 24 weeks before the intended submission ofSubject to the transitional provisions in Article 39, the operator of a non- production installation shall submit to the competent authority a Major Hazards Report for the planned operationcontaining the details specified in Article 11.
Amendment 273 #
2011/0309(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Major Hazard Report shall be notified to the competent authority within a deadline set out by the competent authority and no later than 12 weeks before the planned commencement of operationcompetent authority shall receive the design notification at a sufficiently early stage in the proposed development to enable the operator to take into account any matters raised by the competent authority during the completion of the final design and the preparation the Major Hazards Report.
Amendment 274 #
2011/0309(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. The competent authority shall receive the relocation notification at a sufficiently early stage in the proposed development to enable the operator to take into account any matters raised by the competent authority during the preparation of the Major Hazards Report.
Amendment 275 #
2011/0309(COD)
Proposal for a regulation
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3 b. Where an existing production installation is to enter or leave the waters of a Member State, the relevant competent authorities shall be notified in writing prior to the date on which the production installation is due to enter or leave the Member State's waters.
Amendment 276 #
2011/0309(COD)
Proposal for a regulation
Article 9 – paragraph 3 c (new)
Article 9 – paragraph 3 c (new)
3 c. Where there is a material change to the design or relocation notification prior to the submission of the Major Hazard report, the competent authority shall be notified of the change as soon as possible.
Amendment 277 #
2011/0309(COD)
Proposal for a regulation
Article 9 – paragraph 3 d (new)
Article 9 – paragraph 3 d (new)
3 d. The competent authority shall receive the Major Hazard Report no later than 24 weeks before the planned commencement of operation or within a timescale specified by the competent authority.
Amendment 279 #
2011/0309(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Major Hazard Report for a production installation shall contain, at a minimum, the details specified in Annex II, parts 2 and 5 and must be revised when appropriate. Workers' representatives shall be consulted in the preparation of the Major Hazard Report.
Amendment 282 #
2011/0309(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where significant modifications are to be made to the production installation that materially alters the risk of major accidents, or it is intended to dismantle thea fixed production installation, the Major Hazard Report for a production installation shall be amended in accordance with the minimum requirements set out in Annex II, part 6 and submitted to the competent authority.
Amendment 283 #
2011/0309(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Where further information is necessary before a Major Hazard Report can be accepted, the competent authority shall request further information or changes to the documents submittedoperator shall, at the request of the competent authority, provide such information and, where necessary, make changes to the Major Hazard Report submissions.
Amendment 284 #
2011/0309(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The amended Major Hazard Report for a production installation pursuant to paragraph 3 shall be submitted to the competent authority no later than 12 weeks before the planned works are commenced, or within a deadlintimescale specified by the competent authority and no later than 6 weeks before the planned works are commenced. The planned works shall not be commenced. Any proposed modification of the procedures and arrangements in the current Major Hazard Report shall not be brought into use until the competent authority has accepted the amended Major Hazard Report for the production installation.
Amendment 285 #
2011/0309(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Major Hazard Report for a production installation shall be subject to periodic review by the operator at least every 5 years or more frequently as required by the competent authority, and the results of. A summary of the review shall be submitted to the competent authority within 28 days of its conclusion or, where the review shalls be noten required by the competent authority within a timescale specified toby the competent authority.
Amendment 286 #
2011/0309(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Major Hazard report for a non- production installation shall contain, at a minimum, the details specified in Annex II, parts 3 and 5 and must be revised when appropriate. Workers' representatives shall be consulted in the preparation of the Major Hazard Report.
Amendment 288 #
2011/0309(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where significant modifications are made to be the non-production installation that materially alters the risk of major accidents, or it is intended to dismantle thea fixed non- production installation, the Major Hazard Report for a non- production installation shall be amended in accordance with the minimum requirements set out in Annex II, part 6 (excluding paragraph 4) and submitted to the competent authority.
Amendment 289 #
2011/0309(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. For a fixed non-production installation, an amended Major Hazard Report pursuant to paragraph 2 shall be submitted to the competent authority no later than 12 weeks before the planned works are to be commenced or within a deadlintimescale specified by the competent authority and no later than 2 weeks before the planned works are to be commenced. The planned works shall not be commenced. Any proposed modification of the procedures and arrangements in the current Major Hazard Report shall not be brought into use until the competent authority has accepted the amended Major Hazard Report for a non-the production installation.
Amendment 290 #
2011/0309(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. For a mobile non-production installation, an amended Major Hazard Report pursuant to paragraph 2 shall be submitted to the competent authority within a deadline specified by competent authority and in no caseno later than 12 weeks before the installation is due to commence operations or within a timescale specified by the competent authority. The installation may not be operated until the competent authority has accepted the amended Major Hazard Report for a non- production installation.
Amendment 292 #
2011/0309(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Where further information is necessary before a Major Hazard Report can be accepted, the competent authority shall request further information or changes to the documents submitted.operator shall, at the request of the competent authority, provide such information and, where necessary, make changes to the Major Hazard Report submissions
Amendment 293 #
2011/0309(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Major Hazard Report for a non- production installation shall be subject to periodic review by the operator at least every 5 years or more frequently as required by the competent authority. The results ofA summary of the review shall be submitted to the competent authority within 28 days of its conclusion or, where the review shalls be noten required by the competent authority, within a timescale specified toby the competent authority.
Amendment 294 #
2011/0309(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Operators shall prepare internal emergency response plans taking into account the major accident risk assessments undertaken during preparation of the most recent major hazard report. In the case of drilling a well from a mobile non-production installation, the risk assessment pursuant to the well notification should be incorporainternal emergency response plan shall be submitted into the emergency response plan for the installcompetent authority to accompany the relevant well notification.
Amendment 295 #
2011/0309(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. For production and non-production installations, the operator shall submit the internal emergency response plan shall be submitted to the competent authority as part ofto accompany the Major Hazard Report.
Amendment 296 #
2011/0309(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 298 #
2011/0309(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. Equipment for capping all potential spills shall be available in such locations as to allow for timely deployment in the event of a major accident.
Amendment 299 #
2011/0309(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. No less than 21 days prior to the start of a well operation, tThe well operator shall send to the competent authority a notification containing details of the design of the well and itsthe proposed well operations in accordance with the minimum requirements of Annex II, part 4 no later than 21 days before the commencement of well operations or within a timescale specified by the competent authority.
Amendment 300 #
2011/0309(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The competent authority shall consider the notification and take action it considers necessary, if deemed necessary, take appropriate action before the well operations may commence.
Amendment 301 #
2011/0309(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The well operator shall immediately notify the competent authority of any significantmaterial change to the details of the well notification and simultaneously inform. The well operator will involve the independent well examinverifier pursuant to Article 15(3b).
Amendment 302 #
2011/0309(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. Where well operations involve the risk of an unplanned release of hydrocarbons from the well, the operator shall submit reports to the competent authority in accordance with the requirements of Annex II Part 4A. The reports shall be submitted at weekly intervals, starting on the day of commencement of the well operations, or at intervals specified by the competent authority.
Amendment 303 #
2011/0309(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. An operator of an installation which is to be involved in a combined operations shall send to the competent authorubmity a notification containing details of the combined operations to the competent authority in accordance with the minimum requirements of Annex II, part 7. ThWhere there is more than one operators of concernedthe installations mayinvolved in the combined operation, the operators should agree for that one of them to should prepare the notification of combined operations on their behalf. The notification shall be submitted no later than 21 days before combined operations commence. or within a timescale specified by the competent authority.
Amendment 304 #
2011/0309(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The competent authority shall consider the notification and take action it considers necessary before the combined operation mays commence.
Amendment 305 #
2011/0309(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The operator who prepared the notification shall without delay inform the competent authority of any significant material change to the details of thereofcombined operation notification.
Amendment 339 #
2011/0309(COD)
Proposal for a regulation
Article 15 – paragraph 7 a (new)
Article 15 – paragraph 7 a (new)
7 a. The Commission shall, in consultation with the Offshore Authorities Forum, draw up and regularly update a list of organisations recognised as independent third party verifiers for production installations in accordance with Article 35.
Amendment 343 #
2011/0309(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 344 #
2011/0309(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The competent authority shall require the operator to take any suitable complementary measures that the competent authority considers necessary to restore compliance pursuant to Article 3 paragraph 1.
Amendment 366 #
2011/0309(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1 a. Operators shall provide the competent authorities, or any other persons acting under the direction of the competent authorities, with transport to or from an installation (including the conveyance of their equipment) at any reasonable time, and with accommodation, meals and other subsistence in connection with the visits to the installations, for the purpose of oversight, including inspections, investigations and enforcement of compliance with the provisions of this Regulation.
Amendment 385 #
2011/0309(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The Member States shall prepare an annual report concerningon safety and the environmental impact of offshore oil and gas operations, which includes:
Amendment 386 #
2011/0309(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) incident data pursuant to the common reporting system required inpublication requirements pursuant to Articles 22 and 23;
Amendment 387 #
2011/0309(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) the safety and environmental performaany major change in relation to prevention of major accidents and the limiting of consequences of offshore oil and gas operationsmajor accidents that do occur, including the pertinence of any suspension of operations that might be of application in their jurisdiction.
Amendment 388 #
2011/0309(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall designate an authority toCompetent authorities shall be responsible for exchanging information pursuant to Article 22 and publication of information pursuant to Article 23 and shall inform the Commission accordingly.
Amendment 391 #
2011/0309(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall conduct thorough investigations of major accidents involving significant damage (to persons and environment) or involving major loss of assets. The report of the investigation shall include an assessment of the effectiveness of the competent authority's regulation of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where neededor competent authorities shall initiate thorough investigations of major accidents.
Amendment 393 #
2011/0309(COD)
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2 a. Member States shall make an assessment of the effectiveness of the competent authority's oversight of the installation concerned in the time preceding the accident and recommendations for any appropriate changes to the relevant regulatory practices.
Amendment 397 #
2011/0309(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Following itsthe investigations pursuant to paragraph 2, the competent authority shall implement any recommendations of the investigation that are within its powers to act.
Amendment 406 #
2011/0309(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. A Member State may seek the opinion of other Member States participating in the exchange of informationa neighbouring Member State pursuant to paragraph 1 regarding any decision of another Member State that has potentialthat could have a negative cross border impact.
Amendment 411 #
2011/0309(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Commission shall promote high safety and environmental standards for offshore oil and gas operations at international level at all appropriate global and regional fora, including those related to Arctic waters.
Amendment 412 #
2011/0309(COD)
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3 a. The Commission, the EU Offshore Authorities Forum and competent authorities concerned shall work with other international fora and EU operators to encourage the application of the highest possible safety and environmental standards globally;
Amendment 413 #
2011/0309(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) be initiated to contain an incipientrespond to any major accident within the installation, or within the exclusion zone established by the Member State around the perimeter of the installation, or subsea wellheadinvolving an installation or the connected infrastructure;
Amendment 416 #
2011/0309(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) be operated in line with the external emergency response plan where the accident has escalated beyond the installatioand it is necessary to supplement the internal emergency response plan.
Amendment 418 #
2011/0309(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The operator shall maintain access to equipment and expertise relevant to the plan to be available at all times, and shared as necessary with the relevant Member State in the execution of the external emergency response plan.
Amendment 419 #
2011/0309(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The internal emergency response plan shall be prepared in accordance with the provisions of Annex V, and updated in line with any relevant changes to the major hazard risk assessments in the well plan or Major Hazards Report as appropriate. Any suchor notifications submitted pursuant to Annex II. Significant updates shall be advisnotified to the relevant authorityies responsible for preparing the external emergency response plans for the area concerned.
Amendment 428 #
2011/0309(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction. The external emergency response plans shall specify the role of operators in the external emergency response, and the operators' responsibility for the costs of external emergency response.
Amendment 430 #
2011/0309(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. External emergency response plans shall be prepared with the cooperation of relevant operators and, as appropriate, licensees, and aligned with thecurrent internal emergency response plans of the installations stationed or plannedfor existing or planned installations or connected infrastructure in the subject area. Any update to the internal plans advised by an operator should be taken into account.
Amendment 432 #
2011/0309(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. External emergency response plans shall be prepared in accordance with the provisions of Annex I and V, and made available to the Commission., and to the public as appropriateto the Offshore Authorities Forum and to the public. When making available their external emergency response plans the Member States with offshore oil and gas activities under their jurisdiction shall ensure that disclosed information does not pose risks to safety and security of offshore oil and gas installations and their operation.
Amendment 433 #
2011/0309(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States with offshore oil and gas activities under their jurisdiction shall take all suitable measures to achieve a high level of compatibility and interoperability of response equipment and expertise between all Member States in a geographical region, and further afield where appropriate. Member States concerned shall encourage industry to develop compatible response instrumentequipment and services in the spirit of this paragraph.
Amendment 434 #
2011/0309(COD)
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. Member States concerned shall keep updated records of emergency response resourequipment and services available in their territory or jurisdiction by both public and private entities. Those records shall be made available to theupon request to other Member States, to the Offshore Authorities Forum and, on a reciprocal basis, withto neighbouring third countries, and to the Commission.
Amendment 435 #
2011/0309(COD)
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. Member States concerned and the operators shall regularly test their preparedness to respond effectively to offshore oil and gas accidents.
Amendment 454 #
2011/0309(COD)
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)
Article 37 a Amendment to Directive 2008/99/EC on the protection of the environment through criminal law Directive 2008/99/EC is hereby amended as follows: (1) In Article 3, the following point is amended: '(h) any conduct which causes the significant deterioration of a habitat within a protected site, including a major accident caused by offshore oil and gas operations;' (2) In Annex A, the following indent is added: '– Directive XX/XX/EU of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities'.
Amendment 290 #
2011/0280(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Member States should be allowed to use part of their national ceilings for direct payments for coupled support in certain sectors in clearly defined cases. The resources that may be used for any coupled support should be limited to an appropriate level, while allowing such support to be granted in Member States or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly important for economic, environmental, landscape and/or social reasons. Member States should be allowed to use up to 5 % of their national ceilings for this support, or 10 % in case their level of coupled support in at least one of the years of the period 2010- 2013 exceeded 5 %. However, in duly justified cases where certain sensitive needs in a region are demonstrated, and upon approval by the Commission, Member States should be allowed to use more than 10 % of their national ceiling. Coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of employment or production in those regions to support sectors or types of production that offer significant advantages for environmental reasons, including biodiversity and landscape sustainability and combating climate change. This support should also be available to farmers holding, on 31 December 2013, special payment entitlements allocated under Regulation (EC) No 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support exceeding 10 % of the annual national ceiling fixed per Member State, the Commission should further be empowered to adopt implementing acts without applying Regulation (EU) No 182/2011.
Amendment 324 #
2011/0280(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44 a) In order to protect the state of European landscapes, payments under this Regulation should be consistent with the principles of the European Landscape Convention and Article 3 of Treaty of Lisbon which ensures that Europe's cultural heritage is safeguarded and enhanced. Landscape forms a key aspect of culture and regional tradition, improving cultural and geographic diversity and is also a basis for our modern biodiversity, which has been shaped by centuries of agriculture and forest management.
Amendment 435 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) ‘'permanent grassland’' means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or longer; it may include other species suitable for grazprovided that the grasses and other herbaceous forage remaing provided that thedominant; Member states may decide to include land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage aremain predominant traditionally not predominant in grazing areas;
Amendment 441 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) ‘'permanent grassland’' means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has either not been included in the crop rotation of the holding for five years or longer or has been reseeded with similar or the same grass or forage for five years or longer; it may include other species suitable for grazing provided that the grasses and other herbaceous forage remain predominant including, for example, heather;
Amendment 1274 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Farmers entitled to a payment under the basic payment scheme referred to in Chapter 1 shall observe on their eligible hectares as defined in Article 25(2) the following agricultural practises beneficial for the climate, landscape and the environment:
Amendment 1740 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Farmers shall ensure that at least 7 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features like hedges or stone walls and archaeological sites, buffer strips and afforested areas as referred to in article 25(2)(b)(ii).
Amendment 2064 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Coupled support may only be granted to sectors or to regions of a Member State where specific types of farming or specific agricultural sectors undergo certain difficulties and are particularly important for economic and/or, social and/or environmental reasons, including climate protection, biodiversity and enhancement of the landscape.
Amendment 172 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point a
Part 1 – article 3 – paragraph 1 – point a
(a) eliminate unwanted catches of commercial stocks through the use of selective gear and other means and gradually ensure that all catches of such stocks are landed;
Amendment 240 #
2011/0195(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Common Fisheries Policy should ensure that fishing and aquaculture activities contribute to long-term sustainable environmental, economic, and social conditions and to food security. It should contribute moreover to increased productivity, a fair standard of living for the fisheries sector, stable markets, ensure the availability of resources and that supplies reach consumers at reasonable prices.
Amendment 245 #
2011/0195(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS)17 and it has ratified the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995 (UN Fish Stocks Agreement)18 . It has also accepted the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas of 24 November 1993 of the Food and Agriculture Organisation of the United Nations (FAO Compliance Agreement)19. These international instruments predominantly foresee conservation obligations, including among other things obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas, and to cooperate with other States to this end, obligations to apply the precautionary approach widely to conservation, management and exploitation of fish stocks, obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate uses of the seas. The Common Fisheries Policy should contribute to the Union's proper discharge of its international obligations under these international instruments. Where Member States adopt conservation and management measures, for which they have been empowered in the framework of the Common Fisheries Policy, they should also act in a manner which is fully consistent with the international conservation and cooperation obligations under the said international instruments.
Amendment 253 #
2011/0195(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) At the World Summit on Sustainable Development at Johannesburg in 2002, the Union and its Member States committed to act against the continued decline of many fish stocks. Therefore, the Union should improve its Common Fisheries Policy to ensure that as a matter of priority exploitation levels of marine biological resources stocks are restored and maintained at levels capable of producing maximum sustainable yields from the populations of harvested stocks by 2015, where possible. Where less scientific information is available, this may require applying proxies to maximum sustainable yield.
Amendment 256 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point h – point i (new)
Part 3 – article 7 – paragraph 1 – point h – point i (new)
(i) Any other appropriate measure proposed by the Member State and approved by the Commission.
Amendment 271 #
2011/0195(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 287 #
2011/0195(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is important that the management of the Common Fisheries Policy is guided by principles of good governance. Those principles include decision-making based on best availablaccurate and up-to-date scientific advice, broad stakeholder involvement and a long-term perspective. The successful management of the Common Fisheries Policy also depends on a clear definition of responsibilities at Union, national, regional and local levels and on the mutual compatibility and consistency of the measures taken with other Union policies.
Amendment 289 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 4
Part 3 – article 9 – paragraph 4
4. Multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account thebest available scientific data and shall use the precautionary approach in the event of limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner.
Amendment 296 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 10 – paragraph 1
Part 3 – article 10 – paragraph 1
1. Multiannual plans shall provide for adaptations of the fishing mortality rate, resulting in a fishing mortality rate that aims to restores and maintains all commercial stocks above levels capable of producing maximum sustainable yield by 2015.
Amendment 305 #
2011/0195(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Rules in place restricting access to resources within the 12 nautical mile zones of Member States have operated satisfactorily benefiting conservation by restricting fishing effort in the most sensitive part of Union waters. Those rules have also preserved traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent. Those rules should therefore continue to apply and could be strengthened to give preferential access for small scale, local, artisanal or coastal fishermen.
Amendment 307 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point d
Part 3 – article 11 – paragraph 1 – point d
(d) clear and realistic time frames to reach the quantifiable targets;
Amendment 318 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point j – point i (new)
Part 3 – article 11 – paragraph 1 – point j – point i (new)
(i) response mechanism for unforeseen situations.
Amendment 346 #
2011/0195(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) The obligation to land all catches of managed stocks should be introduced on a fishery by fishery basis. Species with a high survival rate once discarded will be exempt from this Regulation.
Amendment 385 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 1
Part 3 – article 17 – paragraph 1
1. In a multiannual plan established pursuant to Articles 9, 10 and 11 Member States mayshall be authorised to adopt measures, in accordance with that multiannual plan, which specify the conservation measures applicable to vessels flying their flag in relation to stocks in Union waters for which they have been allocated fishing opportunities.
Amendment 396 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 21 – paragraph 1 – introductory part
Part 3 – article 21 – paragraph 1 – introductory part
In a technical measures framework established pursuant to Article 14 Member States mayshall be authorised to adopt measures, in accordance with that framework, which specify the technical measures applicable to vessels flying their flag in relation to stocks in their waters for which they have been allocated fishing opportunities. Member States shall ensure that such technical measures:
Amendment 402 #
2011/0195(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A voluntary system of transferable fishing concessions for the majority of managed stocks under the Common Fisheries Policy should be implemented no later than 31 December 2013 for all vessels of 12 meters' length or over and all other vessels fishing with towed gears. Member States may exclude vessels up to 12 meters' length other than vessels using towed gear from transferable fishing concessions. Such a system should contribute to industry- induced fleet reductions and improved economic performance while at the same time creating legally secure and exclusive transferable fishing concession of a Member State's annual fishing opportunities. Since marine biological resources are a common good, transferable fishing concessions should only establish user entitlements to a Member State's part of annual fishing opportunities which may be recalled according to established rules.
Amendment 410 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – introductory part
Part 4 – article 27 – paragraph 1 – introductory part
1. Each Member State shallmay establish a system of voluntary transferable fishing concessions no later than 31 December 2013 for
Amendment 427 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 4
Part 4 – article 28 – paragraph 4
4. Transferable fishing concessions may only be allocated by a Member State to an owner of a fishing vessel actively engaged in fisheries flying the flag of that Member State, or to legal or natural persons actively engaged in fisheries for the purpose of being used on such a vessel. Transferable fishing concessions may be pooled together for collective management by legal or natural persons or recognized producer organisations. Member States may limit eligibility for receiving transferable fishing concessions on the basis of transparent and objective criteria.
Amendment 428 #
2011/0195(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Fishing concessions should be transferable and leasable in order to decentralise management of fishing opportunities towards the fishing industry and ensuring that fishers leaving the industry will not need to rely on public financial assistance under the Common Fisheries Policy.
Amendment 432 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 5
Part 4 – article 28 – paragraph 5
5. Member States may limit the period of validity of transferable fishing concessions to a period of at least 157 years, for the purpose of reallocating such concessions. Where Member States have not limited the period of validity of the transferable fishing concessions, they may recall such concessions with a notice of at least 157 years.
Amendment 436 #
2011/0195(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Specific characteristics and socio- economic vulnerability of some small-scale fleets justify, where Member States choose, the limitation of the mandatory system of transferable fishing concessions to large vessels. The system of transferable fishing concessions should apply to stocks for which fishing opportunities are allocated.
Amendment 440 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 7
Part 4 – article 28 – paragraph 7
7. Notwithstanding paragraph 5 and 6, Member States may recall transferable fishing concessions that have not been used on a fishing vessel for a period of threewo consecutive years.
Amendment 441 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 7 a (new)
Part 4 – article 28 – paragraph 7 a (new)
7a. When introducing a system of transferable fishing concessions, Member States should adjust their own rules to protect the interests of inshore fishing and protect against the negative aspects of the system, such as excessive concentration or speculation.
Amendment 454 #
2011/0195(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) For Union fishing vessels not operating under a system of transferable fishing concessions, specific measures may be taken to align the number of Union fishing vessels with available resources. Such measures should set compulsory maximum fleet capacity ceilings and establish national entry/exit schemes in relation to decommissioning funding granted under the European Fisheries Fund.
Amendment 462 #
2011/0195(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Fisheries management based on the best availablfull and accurate scientific advice requires harmonised, reliable and accurate data sets. Therefore Member states shouldall collect data on fleets and their fishing activities, in particular biological data on catches, including discards, survey information on fish stocks and on the potential environmental impact of fishing activities on the marine ecosystem.
Amendment 473 #
2011/0195(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Member States shouldall manage and make available to end-users of scientific- data the collected data, on the basis of a multi-annual Union program. Member States shouldall also cooperate with each other to coordinate data collection activities. Where relevant, Member States should also cooperate with third countries within the same sea basin regarding data collection.
Amendment 481 #
2011/0195(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Policy-oriented fisheries science shouldall be reinforced by means of nationally- adopted fisheries scientific data collection, research and innovation programs in coordination with other Member States as well as by Union research and innovation framework tools.
Amendment 506 #
2011/0195(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) AFishing and aquaculture should contribute to the preservation of the food production potential on a sustainable basis throughout the Union so as to guarantee long-term food security for European citizens and to contribute to the growing world aquatic food demand.
Amendment 607 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 1
Part 1 – article 2 – paragraph 1
1. The Common Fisheries Policy shall ensure that fishing and aquaculture activities are managed in a way that provides long-term sustainable environmentenvironmental sustainability and contributes to the achievement of good environmental status, in order to establish and maintain beneficial, economic and social conditions and contribute to the availability of food supplies.
Amendment 618 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 2
Part 1 – article 2 – paragraph 2
2. The Common Fisheries Policy shall apply the precautionary approach to fisheries management, and shall aim to ensure, by 2015, that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield.
Amendment 645 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 3
Part 1 – article 2 – paragraph 3
3. The Common Fisheries Policy shall implement the ecosystem-based approach to fisheries managementand aquaculture management, taking account of regional specificities, to ensure that the impacts of fishingthese activities on the marine ecosystem are limitedminimised and management solutions are effectively tailored to individual fisheries and regions.
Amendment 659 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 4
Part 1 – article 2 – paragraph 4
4. The Common Fisheries Policy shall integratemake reference to the Union environmental legislation requirements.
Amendment 661 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 4
Part 1 – article 2 – paragraph 4
4. The Common Fisheries Policy shall integrate the Uniocontribute to the achievement of environmental and nature conservation objectives, with a particular emphasis on the achievement and maintenance of a good environmental status, as set out in environmental legislation requirements.
Amendment 667 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 4 a (new)
Part 1 – article 2 – paragraph 4 a (new)
4 a. The Common Fisheries Policy shall advocate a regionalised policy to enable Member States to develop and implement management plans.
Amendment 686 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point a
Part 1 – article 3 – paragraph 1 – point a
(a) eliminatavoid, minimise and where possible unwanted catches of commercial stocks and gradually ensure that all catches of such stocks are landed; except for species that can survive discard;
Amendment 737 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point d
Part 1 – article 3 – paragraph 1 – point d
(d) contribute to a fair standard of living for those who depend on fishing activities; and ensure improved working conditions for fishermen through compliance with health and safety legislation;
Amendment 823 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – point f a (new)
Part 1 – article 4 – paragraph 1 – point f a (new)
(f a) recognition of regional specificities that characterise different EU fisheries.
Amendment 857 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 7
Part 1 – article 5 – paragraph 1 – indent 7
Amendment 885 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 11
Part 1 – article 5 – paragraph 1 – indent 11
– ‘catch limit’ means a quantitative limit on landingcatches of a fish stock or group of fish stocks over a given period; irrespective of whether they are taken intentionally or unintentionally.
Amendment 927 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 17
Part 1 – article 5 – paragraph 1 – indent 17
– ‘transferable fishing concessions’ means exclusive and revocable user entitlements to a specific part of fishing opportunities allocated to a Member State orwhich can be held individually or pooled for collective use by eligible holders, to a specific part of fishing opportunities allocated to a Member State or to a stock in a specified geographical area where quantifiable targets have been established in a management plans adopted by a Member State in accordance with Article 18 or Article 19 of Regulation (EC) No 1967/200634 , which the holder may transfer to other eligible holders of such transferable fishing concessions; (2) or established in a multi-annual plan under Article 9-11.
Amendment 996 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 a (new)
Part 1 – article 5 – paragraph 1 – indent 32 a (new)
– 'Interested Member State' means a Member State: -which has sovereignty or jurisdiction over waters within a relevant geographical area (and fishing and aquaculture activities occurring within such area); or -whose flag is flown by vessels carrying out fishing activities within a relevant geographical area; or -which has been allocated fishing opportunities [in relation to stocks] within a relevant geographical area;
Amendment 1002 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 b (new)
Part 1 – article 5 – paragraph 1 – indent 32 b (new)
– 'Interested Third Party' means any non EU Member State: -which has sovereignty or jurisdiction over waters within a relevant geographical area (and fishing and aquaculture activities occurring within such area); or -whose flag is flown by vessels carrying out fishing activities within a relevant geographical area; or -which has been allocated fishing opportunities [in relation to stocks] within a relevant geographical area;
Amendment 1004 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 c (new)
Part 1 – article 5 – paragraph 1 – indent 32 c (new)
– 'relevant geographical area' means a sea area that is considered as a unit for the purposes of geographic classification in fisheries expressed by reference to a FAO sub-area, division or sub-division, or, where applicable, a marine region or subregion as defined in Directive 2008/56/EC, an ICES statistical rectangle, fishing effort zone, economic zone or area bounded by geographical co-ordinates;
Amendment 1044 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – introductory part
Part 3 – article 7 – paragraph 1 – introductory part
Measures for the conservation of marine biological resources may includeshall be monitored and enforced by the Member States and shall include some or all of the following:
Amendment 1055 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point b
Part 3 – article 7 – paragraph 1 – point b
(b) establishing realistic and measurable targets for the sustainable exploitation of stocks;
Amendment 1067 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point d
Part 3 – article 7 – paragraph 1 – point d
(d) establishing incentives, including those of an economic nature, to promotenable more selective orand innovative low impact fishing;
Amendment 1070 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point d
Part 3 – article 7 – paragraph 1 – point d
(d) establishing incentives, including those of an economic nature, to promote more selective or low impact fishing, such as additional days at sea or extra quota;
Amendment 1092 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point g
Part 3 – article 7 – paragraph 1 – point g
(g) adopting measures concerning the obligation to land all catches of commercial stocks;
Amendment 1101 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 – paragraph 1 a (new)
Part 3 – article 7 – paragraph 1 a (new)
Any other appropriate measure proposed by the Member State and approved by the Commission which meets the relevant criteria.
Amendment 1111 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – introductory part
Part 3 – article 8 – paragraph 1 – introductory part
Technical measures mayshall include some or all of the following:
Amendment 1164 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 1
Part 3 – article 9 – paragraph 1
1. Multiannual plans providing for conservation measures to maintain or restore fish stocks abovet levels capable of producing maximum sustainable yield, where possible, shall be established as a priority.
Amendment 1213 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 4
Part 3 – article 9 – paragraph 4
4. Multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid mannercomply with the objectives in Article 2 and 3 and shall be based on accurate and up-to-date scientific data and shall be established following full consultation with the stakeholders concerned.
Amendment 1223 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 4 a (new)
Part 3 – article 9 – paragraph 4 a (new)
4a. Member States shall bring forward proposals for national components of multiannual plans, after consultation with stakeholders, in accordance with Article 9 (1), where possible, through a co- management process at Member State level.
Amendment 1233 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 4 b (new)
Part 3 – article 9 – paragraph 4 b (new)
4b. Member States sharing a fishery for which a multiannual plan is adopted in accordance with Article 9 (1) shall ensure that the national components of the multiannual plan are consistent with the objectives of Articles 2 and 3.
Amendment 1239 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 4 c (new)
Part 3 – article 9 – paragraph 4 c (new)
4c. The Commission shall be empowered to adopted delegted acts in accordance with Artile 55, to ensure an EU format for Member States national components of multiannual plan proposals.
Amendment 1248 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 10 – paragraph 1
Part 3 – article 10 – paragraph 1
1. Multiannual plans shall provide for adaptations of the fishing mortality rate, resulting in a fishing mortality rate that restores and maintains all stocks abovet levels capable of producing maximum sustainable yield, where possible, by 2015.
Amendment 1305 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point d
Part 3 – article 11 – paragraph 1 – point d
(d) clear and realistic time frames to reach the quantifiable targets;
Amendment 1369 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point j a (new)
Part 3 – article 11 – paragraph 1 – point j a (new)
(ja) detailed provisions for the application of rights-based management systems, where a coordinated approach is deemed necessary;
Amendment 1371 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point j a (new)
Part 3 – article 11 – paragraph 1 – point j a (new)
(ja) rules facilitating the obligation to land all catches from commercially harvested species pursuant to Artile 15 (1b).
Amendment 1441 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point a
Part 3 – article 14 – paragraph 1 – point a
(a) contribute to maintaining or restoring fish stocks abovet levels capable of producing maximum sustainable yield, where possible, through improvements in size- selection and where appropriate species selection;
Amendment 1447 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point b
Part 3 – article 14 – paragraph 1 – point b
(b) reducavoid, minimise and where possible eliminate catches of undersized individuals from fish stocks;
Amendment 1452 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point c
Part 3 – article 14 – paragraph 1 – point c
(c) reducavoid, minimise and where possible eliminate catches of unwanted marine organisms;
Amendment 1468 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 14 – paragraph 1 a (new)
Part 3 – article 14 – paragraph 1 a (new)
Exemptions from current technical measures: (a) By way of derogation from Article 31(1) of Regulation (EC) No 850/1998, marine organisms may be caught using electric current, provided that the fishing gear used complies with the requisite technical specifications; (b) The technical specifications referred to in paragraph (a) shall be adopted by the Commission. These measures shall be implemented in accordance with the factfinding procedure referred to in Article 56.
Amendment 1474 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – title
Part 3 – article 15 – title
Obligation to land all catchnd record all commercially harvested species
Amendment 1482 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – introductory part
Part 3 – article 15 – paragraph 1 – introductory part
1. All catches of the following fish stocks subject to catch limitscommercially caught fish, caught during fishing activities in Union waters or by Union fishing vessels outside Union waters shall be brought and retained on board the fishing vessels and recorded and landed, except when used as live bait, , in accordance with the following timeframe:
Amendment 1517 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – point c
Part 3 – article 15 – paragraph 1 – point c
(c) At the latest from 1 January 20168: haddock, whiting, megrim, anglerfish, plaice, ling, saithe, pollack, lemon sole, turbot, brill, blue ling, black scabbard, roundnose grenadier, orange roughy, Greenland halibut, tusk, redfish and Mediterranean demersal stocks.all other commercially harvested species
Amendment 1540 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 2
Part 3 – article 15 – paragraph 2
2. Minimum conservation reference sizes based on the best availablaccurate and up-to-date scientific advice shall be established for the fish stocks set out in paragraph 1. The sale of catches of such fish stocks below the minimum conservation reference size shall be restricted for reduction to fish meal or pet food only.
Amendment 1560 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 3
Part 3 – article 15 – paragraph 3
3. Marketing standardrules for catches of fish caught in excess of fixed fishing opportunities shall be established in accordance with Article 27 of [the Regulation on the common organisation of the markets in fishery and aquaculture products].
Amendment 1635 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 1
Part 3 – article 17 – paragraph 1
1. InWhere a multiannual plan established pursuant to Articles 9, 10 and 11 Member States may be authorised to adopt measures, in acapplies to a relevant geographical area, Member States concerned shall cooperate with eachother and shall, as far as possible, consult and coordancinate with that any interested Third Party in formulatiannual plan, which specify the conservation measures applicable to vessels flying their flagin relation to stocks in Union waters for which they have been allocated fishing opportunitiesng and agreeing conservation measures, in accordance with that multiannual plan, and any timsecales specified therein.
Amendment 1652 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 – introductory part
Part 3 – article 17 – paragraph 2 – introductory part
2. Interested Member States shall ensure that conservation measures to be formulated adopted pursuant to paragraph 1:
Amendment 1663 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 a (new)
Part 3 – article 17 – paragraph 2 a (new)
2 a. Member States sharing a fishery may cooperate to agree and implement joint measures in the context of long-term management plans adopted prior to 2014, consistent with the procedure set out in Article 25.
Amendment 1670 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 b (new)
Part 3 – article 17 – paragraph 2 b (new)
2b. Without prejudice to the role of the Commission under Article 290 and 291 of the TFEU, the Commission shall adopt delegated or implementing acts on the basis of joint recommendations submitted under paragraph 1, provided that such recommendations are deemed to be compatible with the relevant conservation measure and/or multiannual plans.
Amendment 1674 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 c (new)
Part 3 – article 17 – paragraph 2 c (new)
2c. Member States sharing a fishery subject to a multiannual plan shall coordinate and cooperate with each other to ensure that the objectives of the multiannual plan are compatible with the requirements under paragraph 2.
Amendment 1677 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 d (new)
Part 3 – article 17 – paragraph 2 d (new)
2d. Efforts of coordination between Member States sharing a fishery shall be eligible for funding under the EMFF, in accordance with provisions laid out in that Regulation.
Amendment 1680 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 e (new)
Part 3 – article 17 – paragraph 2 e (new)
2e. Member States shall consider information, opinions and advice provided by Advisory Councils, stakeholders of the fishery concerned and scientific institutions.
Amendment 1682 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 f (new)
Part 3 – article 17 – paragraph 2 f (new)
2f. If a Member State is deemed by the Commission to have failed to achieve within prescribed timeframes the outcomes that measures introduced in accordance with this Article are designed to attain, this shall result in deductions in the following year or years from fishing opportunities allocated by the Union to that Member State [under Article 16] and in the interruption or suspension of payments to that Member State or in the application of a financial correction to Union financial assistance under the Common Fisheries Policy [under Article 50]. Such measures shall be proportionate to the nature, extent, duration and repetition of the non compliance.
Amendment 1687 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 18 – paragraph 1
Part 3 – article 18 – paragraph 1
Amendment 1694 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 19 – paragraph 1
Part 3 – article 19 – paragraph 1
The Commission may at any time assess the compatibility and effectiveness of conservation measures adopted by Member States pursuant to Articles 17(1)8, paragraphs 2 or 3 and shall, in any event, assess and report on the same not less than once every 3 years or as may be required by the relevant multiannual plan.
Amendment 1698 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 19 – paragraph 1 – subparagraph 1 (new)
Part 3 – article 19 – paragraph 1 – subparagraph 1 (new)
Amendment 1700 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 19 – paragraph 1 – subparagraph 2 (new)
Part 3 – article 19 – paragraph 1 – subparagraph 2 (new)
Amendment 1709 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 20 – paragraph 1
Part 3 – article 20 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify the conservation measures for fisheries covered by a multiannual plan, if the Interested Member States authorised to takeempowered and required to formulate and agree conservation measures in accordance with Article 17 do not notify such measures to the Commission within three months after the date of entry into force of the multiannual plan. The Commission shall adopt such delegated acts, if the Interested Member States empowered and required to formulate and agree conservation measures in accordance with Article 17 do not notify such measures to the Commission within 12 months after the date of entry into force of the multiannual plan.
Amendment 1717 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 20 – paragraph 2 – introductory part
Part 3 – article 20 – paragraph 2 – introductory part
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify conservation measures for fisheries covered by a multiannual plan, if
Amendment 1724 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 20 – paragraph 2 – point c a (new)
Part 3 – article 20 – paragraph 2 – point c a (new)
– (c a) measures have not been adopted by a relevant Interested Member State pursuant to Article 18.
Amendment 1739 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 21 – paragraph 1 – introductory part
Part 3 – article 21 – paragraph 1 – introductory part
Amendment 1746 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 21 – paragraph 1 a (new)
Part 3 – article 21 – paragraph 1 a (new)
If a Member State is deemed by the Commission to have failed to achieve within prescribed timeframes the outcomes that measures introduced in accordance with this Article are designed to attain, this shall result in deductions in the following year or years from fishing opportunities allocated by the Union to that Member State [under Article 16] and in the interruption or suspension of payments to that Member State or in the application of a financial correction to Union financial assistance under the Common Fisheries Policy [under Article 50]. Such measures shall be proportionate to the nature, extent, duration and repetition of the non compliance.
Amendment 1752 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 22 – paragraph 1
Part 3 – article 22 – paragraph 1
1. Member States adopting technical measures pursuant to Article 21 shall notify the Commission, other interested Member States and relevant Advisory Councils of such measures. formulating technical measures pursuant to Article 21 shall notify the Commission, other Member States, interested Third Parties and relevant Advisory Councils of such proposed measure as may be agreed by some or all of such Interested Member States within 12 months of the entry into force of the relevant technical measures framework. 2. Where such technical measures are agreed by all such Interested Member States according to Article 21(1), or where they are adopted by a Member State in accordance with Article 21(2), then each such Member State or Interested Member State shall enact national measures to implement the agreed or adopted technical measures and shall notify such measures to the Commission, other Member States, Interested Third Parties and relevant Advisory Councils within 6 months of such enactment. 3. Where such technical measures are not agreed by all such Interested Member States, then, subject to Article 24 below, all Interested Member States which have so agreed, shall enact national measures to implement the same and shall notify such measures to the Commission, other Member States, Interested Third Parties and relevant Advisory Councils within 6 months of such enactment. 4. The Commission shall publish technical measures adopted according to this Article, and shall make this information publicly accessible by publishing it on appropriate websites or providing a direct link to it. With regard to access to environmental information, Regulations 1049/2001/EC and 1367/2006/EC shall apply. Any natural or legal person (a) affected or likely to be affected by the decision or (b) having a sufficient interest in the decision or, alternatively, (c) alleging the impairment of a right, where administrative procedural law of a Member State requires this as a precondition shall be entitled to ask the competent authority of a Member State for an internal review of a decision under this Article. What constitutes a "sufficient interest" and "impairment of a right" shall be determined by the Member States. To this end, the interest of any non- governmental organisation promoting environmental protection or the economic or social interests of fishermen, and meeting any requirements under national law shall be deemed sufficient for the purpose of subparagraph (b). Such organisation shall also be deemed to have rights capable of being impaired for the purpose of subparagraph (c). Against the decision of the competent authority, the persons mentioned in this paragraph shall have access to a court or other independent and impartial public body competent to review the procedural and substantive legality of the decision. The Member States shall determine the court or body which is competent to hear the case. 5. A Member State shall not be entitled to exercise any rights to any fishing opportunity which may apply to, nor carry out any fishing activities in relation to the stocks and/or the relevant geographical area covered by a multiannual plan unless and until such time as technical measures are either (a) agreed by an Interested Member State or adopted by a Member State, and enacted by way of national measures pursuant to this Article, or (b) adopted by the Commission pursuant to Article 20 and applicable to such Member State. 6. If a Member State is deemed by the Commission to have failed to achieve within prescribed timeframes the outcomes that measures introduced in accordance with this Article are designed to attain, this shall result in deductions in the following year or years from fishing opportunities allocated by the Union to that Member State [under Article 16] and in the interruption or suspension of payments to that Member State or in the application of a financial correction to Union financial assistance under the Common Fisheries Policy [under Article 50]. Such measures shall be proportionate to the nature, extent, duration and repetition of the non compliance.
Amendment 1756 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 23 – paragraph 1
Part 3 – article 23 – paragraph 1
The Commission may at any time assess the compatibility and effectiveness of technical measures adopted by Member States pursuant to Article 212, paragraphs 2 or 3 and shall, in any event, assess and report on the same not less than once every 3 years or as may be required by the relevant technical measures framework.
Amendment 1758 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 23 – paragraph 1 a (new)
Part 3 – article 23 – paragraph 1 a (new)
The Commission shall publish any assessments made according to this Article, and shall make this information publicly accessible by publishing it on appropriate websites or providing a direct link to it. With regard to access to environmental information, Regulations 1049/2001/EC and 1367/2006/EC shall apply. Any natural or legal person (a) affected or likely to be affected by the decision, or (b) having a sufficient interest in the decision shall be entitled to ask for an internal review of the Commission decision. To this end, the interest of any non- governmental organisation promoting environmental protection or the economic or social interests of fishermen and meeting the requirements under Article 4d, shall be deemed sufficient for the purpose of subparagraph (b). The Commission's decision on any such request for internal review shall be adopted within a period of [two] months following the request and be directed at the applicant.
Amendment 1759 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 23 – paragraph 1 b (new)
Part 3 – article 23 – paragraph 1 b (new)
Amendment 1766 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 24 – paragraph 1
Part 3 – article 24 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify the technical measures covered by a technical measures framework, if the interested Member States authorised to takeempowered and required to formulate and agree technical measures in accordance with paragraph 1 of Article 21 and the Member States who have adopted technical measures in accordance with paragraph 2 of Article 21 do not notify such measures to the Commission within three months after the date of entry into force of the technical measures framework. The Commission shall adopt such delegated acts, if the Interested Member States empowered and required to formulate and agree technical measures in accordance with paragraph 1 of Article 21 and the Member States who have adopted technical measures in accordance with paragraph 2 of Article 21 do not notify such measures to the Commission within [12] months after the date of [adoption][entry into force] of the multiannual plan.
Amendment 1770 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 24 – paragraph 2 – introductory part
Part 3 – article 24 – paragraph 2 – introductory part
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify technical measures, if (a) Member State measures are deemed on the basis of an assessment carried out pursuant to Article 23:not to be compatible with the objectives set out in a technical measures framework on the basis of an assessment carried out pursuant to Article 23; or: (b) Member State measures are deemed not to meet the objectives set out in such a technical measures framework effectively on the basis of an assessment carried out pursuant to Article 23; or: (c) measures have not been adopted by a relevant Interested Member State pursuant to Article 21.
Amendment 1771 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 24 – paragraph 2 – point a
Part 3 – article 24 – paragraph 2 – point a
Amendment 1773 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 24 – paragraph 2 – point b
Part 3 – article 24 – paragraph 2 – point b
Amendment 1804 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – introductory part
Part 4 – article 27 – paragraph 1 – introductory part
1. Each Member State shallmay establish a voluntary system of transferable fishing concessions no later than 31 December 2013 for
Amendment 1883 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 5
Part 4 – article 28 – paragraph 5
5. Member States may limit the period of validity of transferable fishing concessions to a period of at least 150 years, for the purpose of reallocating such concessions. Where Member States have not limited the period of validity of the transferable fishing concessions, they may recall such concessions with a notice of at least 150 years.
Amendment 1896 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 6
Part 4 – article 28 – paragraph 6
6. Member States mayshall recall transferable fishing concessions with a shorter noticeimmediate effect in the event of an established serious infringement committed by the holder of the concessions or in case of a grave deterioration of the stock or ecosystem. Such recalls shall be operated in a manner which gives full effect to the Common Fisheries Policy, the proportionality principle and, whenever necessary, with immediate effect.
Amendment 1903 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 7
Part 4 – article 28 – paragraph 7
7. Notwithstanding paragraph 5 and 6, Member States may recall transferable fishing concessions that have not been used on a fishing vessel for a period of threewo consecutive years.
Amendment 1925 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 29 – paragraph 2
Part 4 – article 29 – paragraph 2
2. Member States shall determine fishing opportunities that, based on the best availablaccurate and up-to-date scientific advice, can be allocated to fishing vessels flying their flag for species for which the Council has not fixed fishing opportunities.
Amendment 1938 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 29 – paragraph 4
Part 4 – article 29 – paragraph 4
4. Member States may reserve up to 15% of fishing opportunities for particular species, for ecological purposes such as ensuring that discarding is minimised, catch limits are not exceeded or catches of highly restricted species do not trigger fishery closures. They shall establish objectives and transparent criteria for the allocation of such reserved fishing opportunities. Those fishing opportunities may only be allocated to eligible holders of transferable fishing concessions as set out in Article 27 (1a) and Article 28(4).
Amendment 1980 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 31 – paragraph 2
Part 4 – article 31 – paragraph 2
2. A Member State may authorise transfer of transferable fishing concessions to and from other Member States within the same sea-basin.
Amendment 2107 #
2011/0195(COD)
Proposal for a regulation
Part 6 – article 37 – paragraph 1 – point b
Part 6 – article 37 – paragraph 1 – point b
(b) the level of fishing, with a clear distinction to be made between industrial and non-industrial fisheries, and the impact that fishing activities have on the marine biological resources and on the marine eco- systems, and
Amendment 2122 #
2011/0195(COD)
Proposal for a regulation
Part 6 – article 37 – paragraph 2 – point d
Part 6 – article 37 – paragraph 2 – point d
(d) ensure that the Commission, or bodies designated by it, together with the European Parliament have access to the national databases and systems used for processing the collected data for the purpose of verification of the existence and quality of the data.
Amendment 2130 #
2011/0195(COD)
Proposal for a regulation
Part 6 – article 37 – paragraph 3
Part 6 – article 37 – paragraph 3
3. Member States shall ensure the national coordination of the collection and management of scientific data for fisheries management. To this end, they shall designate a national correspondent and organize an annual national coordination meeting. The Commission and the European Parliament shall be informed of the national coordination activities and be invited to the coordination meetings.
Amendment 2178 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 39 – paragraph 2
Part 7 – article 39 – paragraph 2
2. The positions of the Union in international organisations dealing with fisheries and RFMOs shall be based on the best availablaccurate and up-to-date scientific advice to ensure that, where possible, fishery resources are maintained above or restored above levels capable of producing maximum sustainable yield.
Amendment 2212 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 41 – paragraph 2
Part 7 – article 41 – paragraph 2
2. Union 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 availablaccurate and up- to-date 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, where possible.
Amendment 2261 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point a
Part 8 – article 43 – paragraph 1 – point a
(a) improving the competitiveness of the aquaculture industry and supporting its development and innovation; including extensive aquaculture
Amendment 2284 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point d a (new)
Part 8 – article 43 – paragraph 1 – point d a (new)
(d a) ensuring compliance with Article 12 of the TFEU regarding the welfare requirements of animals.
Amendment 2391 #
2011/0195(COD)
Proposal for a regulation
Part 10 – article 46 – paragraph 2 – point a
Part 10 – article 46 – paragraph 2 – point a
(a) a global and integrated approach that should result in a number of controls linked to the size of fleets in different member states;
Amendment 2413 #
2011/0195(COD)
Proposal for a regulation
Part 10 – article 46 – paragraph 2 – point e a (new)
Part 10 – article 46 – paragraph 2 – point e a (new)
(e a) a level playing field including trade sanctions when irresponsible behaviour of third countries is established.
Amendment 2429 #
2011/0195(COD)
Proposal for a regulation
Part 10 – article 48 – paragraph 1
Part 10 – article 48 – paragraph 1
Member States may require holders of a fishing licence for fishing vessels of 12 meters length overall or more flying their flag to contribute proportionally to the costs of implementing the Union fisheries control system and data collection.
Amendment 2472 #
2011/0195(COD)
Proposal for a regulation
Part 12 – article 53 – paragraph 1 – point a
Part 12 – article 53 – paragraph 1 – point a
(a) submit recommendations and suggestions on matters relating to fisheries management and aquaculture to the Commission, the European Parliament or to the Member State concerned;
Amendment 2481 #
2011/0195(COD)
Proposal for a regulation
Part 12 – article 53 – paragraph 1 – point b
Part 12 – article 53 – paragraph 1 – point b
(b) inform the Commission, the European Parliament and Member States of problems relating to fisheries management and aquaculture in their area of competence;
Amendment 2540 #
2011/0195(COD)
Proposal for a regulation
Part 14 – article 57 – paragraph 5 a (new)
Part 14 – article 57 – paragraph 5 a (new)
5 a. In Article 1(1) of Regulation (EG) No 1288/2009,'3 (including 3.1-3.2),'shall be deleted.
Amendment 386 #
2011/0194(COD)
Proposal for a regulation
Article 42 – paragraph 2 – introductory part
Article 42 – paragraph 2 – introductory part
Amendment 457 #
2011/0194(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
It shall apply from 1 January 2013 with the exception of Articles 32, 35 and 36, which shall apply from 1 January 4. The consumer information provisions of Article 42 shall apply in accordance with the relevant dates of entry into force set out in Regulation (EU) No 1169/20141.
Amendment 460 #
2011/0194(COD)
Proposal for a regulation
Article 55 – paragraph 3 a (new)
Article 55 – paragraph 3 a (new)
Fisheries and aquaculture products labelled or marked prior to the date of entry into force of this Regulation may be marketed and sold until such stocks have been exhausted.
Amendment 64 #
2010/2210(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Believes that vessel owners, companies or individuals caught and convicted of involvement in IUU fishing should face severe penalties and permanent bans from operating within the EU fisheries sector.
Amendment 69 #
2010/2210(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Insists that as the mixing of IUU catches with legally caught EU fish is specifically prohibited, perpetrators must be severely punished and all licences to operate within the EU withdrawn.
Amendment 16 #
2010/2001(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the fact that the Community Fisheries Control Agency is becoming increasingly active, which is reflected in the increases in the proposed budget appropriations for funding its activities; considers that such increases should be sufficient to extend the work of the agency to cover the policing of International Partnership Agreements;
Amendment 23 #
2010/0257(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) to contribute to the development of tools that cut across sea or coast-related sectoral policcross-sectoral tools to support sea or coast-related policies, particularly in the field of environmental protection and development of green maritime technologies;
Amendment 41 #
2010/0257(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) No progress should be made on proposals for the establishment of offshore renewable energy developments, marine protected areas, or other major projects impacting on EU estuaries, seas or oceans, without full implementation of the spatial planning strategy, ensuring consultation on a 'bottom-up' basis with all affected stakeholders.
Amendment 44 #
2010/0257(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) actions relating to the development and promotion of green shipping technologies to be taken in close cooperation with the relevant Commission services;
Amendment 48 #
Amendment 49 #
2010/0257(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall be assisted by an Advis Regulatory Committee in establishing the annual work programmes foreseen in Article 7(2).
Amendment 50 #
2010/0257(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where reference is made to this paragraph, Article 35 and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Amendment 90 #
2010/0257(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) a comprehensive and publicly accessible marine data and knowledge base of high quality on maritime economy which facilitates sharing, re-use and dissemination of these data among various user groups, and ensures visuavoiding dupliscation of maritime information through web-based toolsand, wherever possible, using all available programmes already developed for that purpose.
Amendment 8 #
2009/2153(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the rules on the management of bio-waste are fragmented and the current legislative instruments are not sufficient to achieve the stated objectives of the effective management of bio-waste; whereas, consequently, a specific directive icould be useful as onecessary of the possibilities for the management of bio- waste; whereas compilingit could be alternatively considered, in the context of consolidation EU waste legislation, the compilation of all the various rules on the management of bio- waste in a single piece of legislation would in itself be an exercise in legislative excellence and better lawmaking, whilst at the same time ensuring simplification, greater clarity and legal certainty and thus guaranteeing the long-term confidence of public and private investors,
Amendment 12 #
2009/2153(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a specific directivelegislation on bio- waste should have the necessary flexibility to cover the various management options available, bearing in mind that there are a large number of variables and local considerations that need to be taken into account,
Amendment 3 #
2009/2107(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the Scientific Reports and Opinions produced by the European Food Safety Authority (EFSA) in 2008 on the welfare of six of the main fish species farmed in the EU and to the Scientific Opinions produced by EFSA in 2009 on the welfare at slaughter of eight farmed fish species,
Amendment 25 #
2009/2107(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas Article 13 of the Treaty on the Functioning of the European Union recognises fish as sentient beings and provides that the Union and the Member States shall, in formulating and implementing their policies on fisheries, pay full regard to the welfare requirements of the animals,
Amendment 30 #
2009/2107(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas fish are the natural diet of many farmed fish species and most fish farms rely on diets which contain some fishmeal and fish oil,
Amendment 117 #
2009/2107(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Takes the view that the responsible production of ingredients to feed fish, including marine ingredients, is a prerequisite for the sustainability of aquaculture;
Amendment 1 #
2009/2106(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the EIFAC Code of Practice for Recreational Fisheries, adopted in May 2008,
Amendment 34 #
2009/2106(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, in order to be effective, the CFP should be restructured with a view to the multidisciplinary involvement of all groups directly or indirectly connected with the sector, in particular commercial and recreational fishermen, vessel owners, the scientific community and politicians,
Amendment 123 #
2009/2106(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that Parliament has in previous terms drawn attention to the fact that CFP rules were not being sufficiently complied with and has repeatedly called on Member States to improve controls, harmonise inspection and sanction criteriawell as applying effective control measures, the Commission and Member States should in partnership with the sector, strive to develop a culture of compliance throughout the supply chain, ensure transparency of inspection findings and strengthen the Community inspections systems;
Amendment 130 #
2009/2106(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 155 #
2009/2106(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that, despite the decommissioning measures taken, some sections of the European fleet have not been sufficiently renewed and there are still vessels which are obsolete or very old and which need to be modernised with a view to ensuring greater on-board safety and a lesser environmental impact without increasing fishing capacity; but stresses that such modernisation should be market-led and not subsidised;
Amendment 177 #
2009/2106(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Maintains that a more selective approach should be applied to fishing gear in order to avert and/or reduce by-catches, thus making for more responsible fishing, and that the ultimate objective of the CFP should be to eliminate by-catches and discards;
Amendment 187 #
2009/2106(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to conduct a detailed and exhaustive survey on the size, characteristics, and spread of the current Community fleet, since this is essential in order to establish a regime whereby the small-scale fleet would be treated differently from the large-scale fleet, each category being defined according to sound criteria, and that decommissioning already undertaken by Member States should be recognised;
Amendment 214 #
2009/2106(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Maintains that the exploitation of fish stocks has to be based on the principle of maximum sustainable yield, accepting that it may not be possible to hold all stocks at MSY simultaneously;
Amendment 217 #
2009/2106(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges the Commission to recognise the specific features of, and the differences between, the ORs, and to remote island communities who rely almost entirely on fishery for their economic survival and to promote support measures geared to the biological and social sustainability of fisheries in those regions;
Amendment 223 #
2009/2106(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates that fishing is a vital activity, not just in food terms, but also in social, recreational and cultural terms, and that in many of Europe's coastal regions, it constitutes the main – and in some cases the sole – means of obtaining a livelihood for the numerous families who depend on it directly or indirectly, and it helps to enliven the coasts and knit together their socio-economic fabric, in conjunction with other maritime activities;
Amendment 228 #
2009/2106(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Commission to draw up a specific Community support programme for small-scale coastal and non-industrial fisheries;
Amendment 236 #
2009/2106(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission and the Member States to promote proper training for fishermen and skippers with a view to enhancing the status of qualifications, giving prestige to the profession, and attracting more adaptable young people who would be capable of embracing occupational mobility and taking a more entrepreneurial attitude to the sector;
Amendment 258 #
2009/2106(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to draw up a specific eco-labelling programme with a view to enhancing the image of fishery products and promoting consumer health, and to base it on strict monitoring and complete traceability of fisheries, as regards both catches in the wild and aquaculture products, based on or in direct cooperation with the Marine Stewardship Council;
Amendment 262 #
2009/2106(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates the need to provide for strict monitoring and certification of fishery products entering the Community market, including imports, in order to ascertain that they come from sustainable fisheries and, as far as imported products are concerned, including imported aquaculture products, satisfy the requirements imposed on Community products, the aim being to create a level playing field on the Community market;
Amendment 281 #
2009/2106(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Maintains that the management system for the fisheries sector has to abandon the traditional top-down approach, laying emphasis instead on the principle of regionalisation and subsidiarity (horizontal decentralisation) and the participation of professionals in the sector, taking into account the multifarious specific features of the Community fleet; firmly rejects any attempt to adopt a universal Community fisheries management model, in a form serving to impose uniformitytop down, command and control management model, that has characterised the CFP to date, has itself proven to be a major obstacle to the achievement of the CFP's objectives; this rigid and inflexible approach should be replaced with a decentralising system of decision making to the lowest practical level. In the first instance this should, within an overall system overseen by the European institutions, involve the transfer of management responsibilities to the Member States level;
Amendment 303 #
2009/2106(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges the Commission to carefully explore the possibility of adopting new fisheries management mechanisms, as opposed to the TAC and quota system, except where it may continue to be appropriate as in the case of 'clean' fisheries such as the pelagic sector, for example fishing effort management and the use of transferable fishing rights, since such arrangements would enable the fleet to be adapted in a more flexible way, in line with the actual diversity and distribution of stocks, and could be supported by structural implementing measures, without neglecting the more vulnerable small-scale sector;
Amendment 324 #
2009/2106(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Considers that the present system of quota swaps and transfers between Member States could be streamlined to facilitate full uptake of fishing opportunities;
Amendment 326 #
2009/2106(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 332 #
2009/2106(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Management of fisheries should be devolved to Member States with the EU institutions maintaining ultimate control over the proper conduct of conservation and control measures;
Amendment 369 #
2009/2106(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Considers that the sustainable development of aquaculture requires environment-friendly production methods, stringentimproved health and animal welfare standards, and a high level of consumer protection;
Amendment 402 #
2009/2106(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Maintains that new fisheries agreements with third countries should be encouraged in order to afford the Community fleet easier access to new fishing grounds and insists that all such partnership agreements embody comprehensive conservation measures and proposals to maintain and enhance local employment in the sector;
Amendment 9 #
2008/2177(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to set up a working party with a binding mandate to carry out within one year a systematic study of the stakeholders' positions and arguments for and against a pan- European cormorant management plancost- benefit analysis of possible cormorant management actions at Member State level, to assess their plausibility on the basis of logical and scientific criteria and to submit a recommendation;
Amendment 11 #
2008/2177(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to submit a cormorant population management plan in several stages, seeking to integrate cormorant populations in the long term into the cultural landscape withoudevelop and publish, building on the results of the INTERCAFE project, a guidance document on ways to address the cormorant issue that do not jeopardisinge the objectives of the Wild Birds Directive and Natura 2000 as regards fish species and marine and freshwater ecosystems, including how Article 9(1) of the Wild Birds Directive can be applied by Member States;
Amendment 14 #
2008/2177(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 18 #
2008/2177(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to consider all the legal means at its disposal to reduce the negative effects of ecormorant populations on fishing and aquaculture and to take into account, when developing its initiative for the promotion of aquaculture in Europe, the positive effects of a Europe-wide cormorant population management plan and, where appropriate, to propose solutions to the cormorant problemnomic and ecological factors affecting fishing and aquaculture when developing its initiative for the promotion of aquaculture in Europe and to propose solutions in this context;
Amendment 47 #
2008/0241(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to attain the chosen level of protection and harmonised environmental objectives of the Community, Member States should adopt appropriate measures to minimise the disposal of WEEE as unsorted municipal waste and to achieve a high level of separate collection of WEEE. In order to ensure that Member States strive to set up efficient collection schemes, they should be required to achieve a high level of collection of WEEE, particularly for cooling and freezing equipment containing ozone depleting substances and fluorinated greenhouse gases, given their high environmental impact and in view of obligations contained in Regulation (EC) 2037/2000 and Regulation (EC) 842/2006 from private households. Data included in the impact assessment shows that 65% of electrical and electronic equipment placed on the market is already separately collected today, but more than half of this potentially leaks to improper treatment and illegal exports. This leads to losses of valuable secondary raw materials and environmental degradation. To avoid this, it is necessary to set an ambitious collection target. It is essential to ensure that compliance schemes provide appropriate and continued compensation to the relevant Local or Regional Authorities for any financial or administrative burdens that will be required in order to implement this Directive over time, rather than receiving any lump sum at the beginning of the implementation process.
Amendment 53 #
2008/0241(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Users of electrical and electronic equipment from private households should have the possibility of returning WEEE at least free of charge. Producers should therefore finance at least the collection from collection facilities, and the treatment, recovery and disposal of WEEE. Member States should encouragesure that producers to take full ownership of the WEEE collection in particular by financing the collection of WEEE throughout the whole waste chain, including from private households, in order to avoid leakage of separately collected WEEE to sub-optimal treatment and illegal exports, to create a level playing field by harmonising producer financing across the EU, to shift payment for the collection of this waste from general tax payers to the consumers of EEE in line with the polluter pays principle. In order to give maximum effect to the concept of producer responsibility, each producer should be responsible for financing the management of the waste from his own products. The producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme. Each producer should, when placing a product on the market, provide a financial guarantee to prevent costs for the management of WEEE from orphan products from falling on society or the remaining producers. The responsibility for the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers, existing on the market when the costs occur, contribute proportionately. Collective financing schemes should not have the effect of excluding niche and low- volume producers, importers and new entrants.
Amendment 61 #
2008/0216(CNS)
Proposal for a regulation
Article 4 – point 24 a (new)
Article 4 – point 24 a (new)
(24a) Recreational fisheries" means non- commercial fishing activities exploiting living aquatic resources for recreation or sport;
Amendment 63 #
2008/0216(CNS)
Proposal for a regulation
Article 4 – point 24 b (new)
Article 4 – point 24 b (new)
(24b) "Recreational fisheries sectors" means a) “Recreational Angling” – also named “sportfishing” (rod and line fishing) – and which takes place from boat, shore or by wading out. Tournament or competition angling is a sub-segment of recreational angling. b) “Other Recreational Fishing”means fishing which takes place from boat, shore or by wading out from shore. Gears are various forms of active or passive/stationary nets, longlines and hand-held lines, traps and pots;
Amendment 66 #
2008/0216(CNS)
Proposal for a regulation
Article 4 – point 24 c (new)
Article 4 – point 24 c (new)
(24c) "Subsistence fisheries" means fishing for aquatic animals that contribute substantially to meeting an individual’s or family’s nutritional needs.
Amendment 159 #
2008/0216(CNS)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. The master of a fishing vessel shall record all discards above 15 kg of live weight equivalents in volume per haul of gear and shall communicate, where possible by electronic means, this information without delay to its competent authorities. The Commission will consider a scheme to fit video-monitoring equipment for the purpose of compliance with this regulation. Released fish in recreational fisheries shall not be considered as discards or mortality for the purpose of this regulation.
Amendment 167 #
2008/0216(CNS)
Proposal for a regulation
Article 47
Article 47
Amendment 173 #
2008/0216(CNS)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Recreational fisheries on a vessel in Community waters on a stock subject to a multiannual plan shall be subject to an authorisation for that vessemay be evaluated by the Member State in whose waters they are conducted. a) Fishing mortality in recreational fisheries and subsistence fisheries shall, if necessary, be taken into account in this evaluation as part of or along with the natural mortality; b) Released fish in recreational fissued by the flag Member Stateheries shall not be counted as mortality.
Amendment 181 #
2008/0216(CNS)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Catches inWithin two years of the date of entry into force of this Regulation, Member States may, if they consider a serious threat to conservation exists, estimate the impact of recreational fisheries con stocks subject to a multiannual plan shall be registered by the flag Member Stateducted in their waters and submit the information to the Commission. The relevant Member State and the Commission, on the basis of the advice of the Scientific, Technical and Economic Committee for Fisheries, shall decide which recreational fisheries are having a significant impact on stocks. Within three years of the date of entry into force of this Regulation, that Member State, in close cooperation with the Commission, may develop a monitoring system for recreational fisheries having a significant impact that includes licences and a means of accurately estimating the total catches for each fish stock.
Amendment 189 #
2008/0216(CNS)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. Catches of species subject to a multiannual plan by recreational fisheriesonitoring system under paragraph 2 shall be counted against the relevant quotas of the flag Member State. The Member States concerned shallmay establish a share from such quotas to be used exclusively for the purpose of recreational fisheries.
Amendment 53 #
2008/0180(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
However, as regards fish, reptiles, amphibians, crustaceans and cephalopods, only Article 3(1) shall apply.
Amendment 59 #
2008/0180(CNS)
Proposal for a regulation
Article 1 – paragraph 2 – point a – sub-point ii a (new)
Article 1 – paragraph 2 – point a – sub-point ii a (new)
(iia) to semi-domesticated deer, shot in the field and processed through a game farm facility;
Amendment 66 #
2008/0180(CNS)
Proposal for a regulation
Article 2 – point d a (new)
Article 2 – point d a (new)
(da) "unconsciousness" means a state of unawareness in which there is temporary or permanent disruption to brain function and after which the animal is unable to respond to normal stimuli, including pain;
Amendment 67 #
2008/0180(CNS)
Proposal for a regulation
Article 2 – point e a (new)
Article 2 – point e a (new)
(ea) "death" means a physiological state of the animal, in which respiration and blood circulation have ceased as the respiratory and circulatory brain centres in the Medulla Oblongata are irreversibly inactive, thereby causing irreversible loss of consciousness, permanent absence of respiration, pulse and corneal and palpebral reflex.
Amendment 80 #
2008/0180(CNS)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 110 #
2008/0180(CNS)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The standard operating procedures shall be made available to the competent authority upon request. An official veterinarian shall be notified in writing whenever standard operating procedures have changed.
Amendment 112 #
2008/0180(CNS)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
(3a) Staff competence shall be ensured by regular training on the standard operating procedures.
Amendment 116 #
2008/0180(CNS)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3b. Standard operating procedures shall have legal status; acting contrary to a standard operating procedure may be considered as non-compliance in accordance with Article 19 and 20.
Amendment 145 #
2008/0180(CNS)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) the maximum throughputline speed at the time of stunning for each slaughter line;
Amendment 147 #
2008/0180(CNS)
Proposal for a regulation
Article 11 – paragraph 2 – point c a (new)
Article 11 – paragraph 2 – point c a (new)
(c a) the maximum daily throughput for the abattoir.
Amendment 157 #
2008/0180(CNS)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Operators shall put in place and implement appropriate monitoring procedures to verify and confirm that animals for slaughter are effectively stunned in the period between the end of the stunning process and the confirmation of death. Animals must be dead before any other potentially painful carcass-dressing procedure is performed or treatment applied.
Amendment 163 #
2008/0180(CNS)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. The Official Veterinarian shall regularly verify the above-mentioned monitoring procedures and adherence to the standard operating procedures.
Amendment 200 #
2008/0180(CNS)
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5a. The Official Veterinarian must, through audit and personal observation, be satisfied that the holder of a certificate has the necessary knowledge and competence to carry out the task for which he or she has been trained.
Amendment 204 #
2008/0180(CNS)
Proposal for a regulation
Article 19 – introductory part
Article 19 – introductory part
For the purpose of Article 54 of Regulation (EC) No 882/2004, the competent authority mayshall in particular:
Amendment 207 #
2008/0180(CNS)
Proposal for a regulation
Article 19 – point a
Article 19 – point a
(a) requestire operators to amend their standard operating procedures and in particular slow down or stop production;
Amendment 211 #
2008/0180(CNS)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Until 31 December 20182, Article 11(1) shall only apply to new slaughterhouses or for any new construction, layout or equipment covered by the rules set out in Annex II, which have not entered into operation before the date of [application/entry into force] of this Regulation.
Amendment 217 #
2008/0180(CNS)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Until 31 December 2014, Member States may provide for certificates of competence, as referred to in Article 18, to be issued without examination to persons demonstrating relevant uninterrupted professional experience of at least [ten] years and after positive assessment by the Official Veterinarian.
Amendment 228 #
2008/0180(CNS)
Proposal for a regulation
Annex II – point 3.2
Annex II – point 3.2
Amendment 237 #
2008/0180(CNS)
Proposal for a regulation
Annex II – point 5.1
Annex II – point 5.1
5.1. Shackle lines shall be designed and positioned in such a way that birds suspended on them are clear of any obstruction and that disturbance to the animals is reduced to a minimum. The maximum shackling time shall be one minute for chickens and two minutes for turkeys.
Amendment 243 #
2008/0180(CNS)
Proposal for a regulation
Annex III – point 1.2 – subparagraph 1
Annex III – point 1.2 – subparagraph 1
Animals must be unloaded as quickly as possible after arrival and subsequently slaughtered without undue delay. Animals which are not taken to the place of slaughter directly upon arrival must be unloaded without delay and have drinking water available to them from appropriate facilities at all times.
Amendment 251 #
2008/0180(CNS)
Proposal for a regulation
Annex III – point 1.2 – subparagraph 4
Annex III – point 1.2 – subparagraph 4
After the expiry of those time limits, the animals must be lairaged, fed, and subsequently given moderate amounts of food at appropriate intervals. Food must be provided in such a way that will permit the animal to feed undisturbed. In such cases, the animals shall be provided an appropriate amount of bedding or equivalent material which guarantees a level of comfort appropriate to the species and the number of animals concerned. This material must ensure adequate absorption of urine and faeces.
Amendment 253 #
2008/0180(CNS)
Proposal for a regulation
Annex III – point 1.5 – subparagraph 1
Annex III – point 1.5 – subparagraph 1
For the purpose of slaughter, unweaned animals, lactating dairy animals, females having given birth during the journey or animals delivered in containers shall be given priority over other types of animal. If this is not possible, aArrangements shall be made so as to relieve them from their suffering, in particular by:
Amendment 258 #
2008/0180(CNS)
Proposal for a regulation
Annex III – point 1.5 – subparagraph 1 a (new)
Annex III – point 1.5 – subparagraph 1 a (new)
Ill or injured animals must be slaughtered within 2 hours of arrival. If they appear to be in severe pain, to have deep wounds or if they are bleeding severely, they must be slaughtered immediately.
Amendment 261 #
2008/0180(CNS)
Proposal for a regulation
Annex III – point 3.1
Annex III – point 3.1
3.1. Where one person is responsible for the stunning, shackling, hoisting and bleeding of animals, that person must carry out all those operations consecutively on one animal before carrying out any of them on another animal. This requirement shall not apply when group stunning is used.
Amendment 90 #
2008/0160(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Articles 3 and 4 shall apply 624 months after the date of entry into force of the Regulation unless the implementing measures referred to in Articles 3(3), 5(5), 6(2) and 7(2) are not in force on that date, in which case they shall apply on the day following the entry into force of those implementing measures.
Amendment 96 #
2008/0160(COD)
Proposal for a regulation
Annex II – point 2
Annex II – point 2
The characteristics of the weapons used to kill seals are specified. It is made explicit in the legislation or other requirements which weapons are allowed for stunning and/or killing pups and which are allowed for the stunning and/or killing adultof seals by species and age group.
Amendment 97 #
2008/0160(COD)
Proposal for a regulation
Annex II – point 3
Annex II – point 3
Requirements are specifically outlined for using appropriate monitoring methods and thereby oblige thea hunter to verify that the seal is irrevocably unconscious before bleeding it out and before continuing to the next seal.
Amendment 99 #
2008/0160(COD)
Proposal for a regulation
Annex II – point 4
Annex II – point 4
Bleeding-out of all animals is required directly following adequate stunning, that is, before proceeding to stun another sealverification of irrevocable unconsciousness.
Amendment 101 #
2008/0160(COD)
Proposal for a regulation
Annex II – point 5
Annex II – point 5
Amendment 107 #
2008/0160(COD)
Proposal for a regulation
Annex II – point 8
Annex II – point 8
Third party monitoringobservation of the hunt is possible, with a minimum of administrative or logistic barriers.
Amendment 12 #
2008/0063(CNS)
Proposal for a regulation – amending act
Recital 1
Recital 1
(1) Recent scientific advice from the International Council for the Exploration of the Sea (ICES) has indicated that the reductions in cod catches arising from the collective effect of total allowable landings (TACs), technical measures and complementary effort management measures have been far from sufficient to reduce fishing mortalities to levels required to allow the cod stocks to rebuild and none of the four cod stocks covered by Regulation (EC) No 423/2004 show clear signs of recovery, although stocks in the North and Celtic Seas are showing some signs of improvement.
Amendment 14 #
2008/0063(CNS)
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) New mechanisms must be introduced, to encourage fishermen to engage in cod- avoidance programmes. All cod caught should be landed, rather than discarded, so as to enable proper scientific evaluation of stocks.
Amendment 22 #
2008/0063(CNS)
Proposal for a regulation – amending act
Article 1
Article 1
Regulation (EC) No 423/2004
Article 6 - paragraph 5 - point b
Article 6 - paragraph 5 - point b
(b) asn appropriate a quantity corresponding tosuggested by other relevant sources of cod mortality, such as scientific analysis evaluating the amount of cod being killed by seals, together with an assessment of the impact of climate change on cod recovery, to be fixed on the basis of a proposal from the Commission.
Amendment 14 #
2008/0033(COD)
Proposal for a decision – amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) Alternatives to DCM are available; however, any chemical product intended to dissolve a paint film is likely to have an effect on human health. DCM has been well studied and the health effects are well known, but the alternatives have not been studied to the same extent. In many cases, the human health and environmental hazard and risk profiles have still to be fully evaluated.
Amendment 15 #
2008/0033(COD)
Proposal for a decision – amending act
Recital 1 b (new)
Recital 1 b (new)
(1b) To ensure that the current level of protection is not reduced and to prevent increased exposure to risks to human health and safety that are presently unknown or not quantified, all alternative paint stripper ingredients should be assessed with the same rigour as DCM. Decisions on the marketing of paint strippers should be postponed until both DCM-based paint strippers and the alternatives have been thoroughly evaluated under REACH6.
Amendment 16 #
2008/0033(COD)
Proposal for a decision – amending act
Recital 3
Recital 3
(3) DCM-based paint strippers are used by consumers at home to remove paints, varnishes and lacquers both indoors and outdoors. The safe use of DCM by consumers cannot be ensured by training or monitoring. Therefore, the onlyan effective and proportionate measure to eliminatapproach to minimise the risks for consumers is a ban on the marketing and use of DCM-based paint strippersseries of measures on the composition of DCM-based paint strippers, the design of containers, and the prominence and detail of the health and safety information to be provided with each product.
Amendment 18 #
2008/0033(COD)
Proposal for a decision – amending act
Recital 4
Recital 4
Amendment 19 #
2008/0033(COD)
Proposal for a decision – amending act
Recital 5
Recital 5
Amendment 20 #
2008/0033(COD)
Proposal for a decision – amending act
Recital 6
Recital 6
(6) The fatalities registered in Europe over the last 18 years for industrial and professional uses are mainly attributed to inadequate ventilation, the inappropriate personal protective equipment, the use of inadequate tanks, inadequate product formulations lacking sufficient vapour retardants and the long-term exposure to DCM. Therefore restrictions should be imposed to control and reduce the risks involved in professional and industrial uses.
Amendment 21 #
2008/0033(COD)
Proposal for a decision – amending act
Recital 7
Recital 7
(7) Professionals are generally covered by the provisions of the legislation for workers protection. However, many professional activities are often conducted in customers premThe appropriate measures to control the riseks which often do not have all the appropriate measures to manage, control and reduce the risks to health. Moreover, self-employed workers are not covered by the provisions of the worker protection legislation and would require adequate training before conducting paint stripping activities based on DCMto health and safety during any paint removal task depend principally on the design and use of appropriate work processes, adequate ventilation, and where necessary, the provision of suitable personal protective equipment. The method of paint stripping used (chemical, mechanical, thermal), the object to be treated (substrate, surface, area, indoor or outdoor), application conditions (temperature, exposure time), means of ventilation/exhaustion, tools/machinery, etc affect the protection measures that may be appropriate. All paint removal methods carry different, specific risks, so adequate information and training is required, irrespective of the physical or chemical methods used, to make workers aware of the risks and familiar with the appropriate protection measures for safe paint removal.
Amendment 23 #
2008/0033(COD)
Proposal for a decision – amending act
Recital 8
Recital 8
(8) The placing on the market and use of DCM-any type of paint strippers by professionals should therefore be bannedevaluated under REACH in order to protect their health and to reduce the number of fatalities and non- fatal accidents. Nevertheless, when the replacement of DCM is deemed to be particularly difficult or inappropriate, Member States should be able to allow further use of DCM by specially licensed professionals. Member States would be responsible for granting and monitoring such licences, which should be based on compulsory training with specific requirementsIn the interim, to ensure additional protection to professional workers a package of health and safety information and advice should be provided with each product containing DCM placed on the market.
Amendment 27 #
2008/0033(COD)
Proposal for a decision – amending act
Annex
Annex
Directive 76/769/EEC
Annex I – point (xx) – column 2 – point 2
Annex I – point (xx) – column 2 – point 2
(2) By way of derogation tofrom paragraph (1), Member States may authorise the supply ofpaint strippers containing dichloromethane may be placed on the market for supply to the general public if all of the following conditions are met: (a) the size of the container is not larger than 1 litre, (b) the container has a narrow neck of maximum 20 mm diameter and is fitted with a child resistant closure in compliance with BS EN ISO 8317:2004 and BS EN 862:2005, (c) the paint -strippers containing dichloromethane to licensed professionals. composition contains a vapour retardant in such quantity that the vaporisation compared to pure dichloromethane is reduced by a minimum of 97% under standard test conditions, (d) the container is clearly and prominently labelled “Do not breathe fumes. Use only in well ventilated areas. If sufficient ventilation is not possible, wear suitable respiratory protective equipment.”
Amendment 29 #
2008/0033(COD)
Proposal for a decision – amending act
Annex
Annex
Directive 76/769/EEC
Annex I – point (xx) – column 2 – point 3
Annex I – point (xx) – column 2 – point 3
(3) The licence referred to in paragraph (2) shall be granted to professionals trained in the safe use ofBy way of derogation from paragraph (1), paint strippers containing dichloromethane may be placed on the market for supply to professionals if all of the following conditions are met: (a) the paint strippers containing dichloromethane. The training shall cover: (a)s a vapour retardant in such quantity that the vaporisation compared to pure dichloromethane is reduced by a minimum of 97% under standard test conditions, (b) the container is clearly and prominently labelled “Do not breathe fumes. Use only in well ventilated areas. If sufficient ventilation is not possible, wear suitable respiratory protective equipment.”, (c) professional users receive with each supply of DCM-based paint strippers a package of health and safety information and advice, including as a minimum: • awareness, evaluation and management of risks to health, (b)• use of adequate ventilation, (c)• use of appropriate personal protective equipment.
Amendment 34 #
2008/0033(COD)
Proposal for a decision – amending act
Annex
Annex
Directive 76/769/EEC
Annex I – point (xx) – column 2 – point 5
Annex I – point (xx) – column 2 – point 5
(5) Without prejudice to other Community legislation concerning the classification, packaging and labelling of dangerous substances and preparations, paint strippers containing more than 0.1% by mass of dichloromethane and packaged in containers greater than 1 litre shall be legibly and indelibly marked by [24 months after the entry into force of the Decision] as follows: “Reserved for industrial and professional uses”.”
Amendment 38 #
2008/0028(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) There is public interest in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs. The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues noted that nutrition labelling is an important tool toone method for informing consumers about the composition of the foods and help them make an informed choice. Education and information campaigns run by Member States are an important mechanism for improving consumer understanding of food information. The EU consumer policy strategy 2007 - 2013 underlined that allowing consumers to make informed choice is essential both to effective competition and consumer welfare. Knowledge of the basic principles of nutrition and appropriate nutrition information on foods would contribute significantly towards enabling the consumer to make such an informed choice.
Amendment 39 #
2008/0028(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) New mandatory food information requirements should however only be established if and where necessary, in accordance with the principles of subsidiarity, proportionality, transparency and sustainability.
Amendment 40 #
2008/0028(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to take account of changes and developments in the field of food information, provisions should be made to empower the Commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means. CPublic consultation with all stakeholders should facilitate timely and well targeted changes of food information requirements.
Amendment 41 #
2008/0028(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Food labels should be clear and understandable to assist consumers wanting to make better-informed food and dietary choices. Studies show that legibility is an important element in maximising the possibility that labelled information can influence its audience and that the small print size is one of the main causes of, consequently, factors such as print size, font, colour and contrast should be considered together to ensure consumer dissatisfaction with food labels.
Amendment 42 #
2008/0028(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) With a view to provideing consumers with food information that is necessary to make an informed choice, alcoholic mixed beverages son alcoholic beverages and enabling them to make an informed choice, the Commission and the relevant stakehould also provide information on their ingredientsers will carry out research during the exemption period to establish what information would be most useful for the consumer, as well as the most effective way to present such information.
Amendment 51 #
2008/0028(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In general, consumers are notConsumers should be aware of the potential contribution of alcoholic beverages on their overall diet. Therefore, it is appropriate to ensure that information on the nutrient content of in particular mixed alcoholic beverages is providedthe Commission and the relevant stakeholders will carry out research during the exemption period to establish what information would be most useful for the consumer, as well as the most effective way to present such information.
Amendment 54 #
2008/0028(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) To appeal to the average consumer and to serve the informative purpose for which it is introduced, and given the current level of knowledge on the subject of nutrition, the information provided should be simple and easily understood. Research has indicated that consumers find the information in the principal field of view or ‘front of pack’ is useful when making purchasing decisionsregarding the positioning of such information is inconclusive. Therefore, to ensure that consumers can readily see the essential nutrition information when purchasing foods such information should be in the principal field of view of the labeldisplayed together in the same field of vision.
Amendment 61 #
2008/0028(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Member States should not be able to adopt provisions other than those laid down in this Regulation in the field it harmonises, unless specifically indicated in it. Furthermore, as national labelling requirements are capable of giving rise to obstacles to free movement in the internal market, Member States should demonstrate why such measures are necessary and set out the steps they will take to ensure they apply in the manner which least restricts trade.
Amendment 65 #
2008/0028(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. When food information law establishes new requirements, consideration shall be given to the need forunless such requirements relate to the protection of human health, a transitory period shall be granted after the entry into force of the new requirements, during which foods bearing labels not complying with the new requirements can be placed on the market and for stocks of such foods that have been placed on the market before the end of the transitory period to continue to be sold until exhausted.
Amendment 68 #
2008/0028(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. When considering the need for mandatory food information, account shall be taken of a widespread need on the part of the majority of consumers forthe potential costs and benefits to stakeholders of providing certain information to which they attach significant value or of any generally accepted benefits to thenable consumer to enable thems to make informed choices.
Amendment 70 #
2008/0028(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
(2a). The Council, in accordance with the procedure laid down in Article 95 of the Treaty, may draw up a non-exhaustive list of the claims and terms, the use of which, under paragraph 1, shall at all events be prohibited or restricted.
Amendment 94 #
2008/0028(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to specific Community legislation applicable to particular foods as regards to the requirements referred to in Article 9(1)(a) to (k), when appearing on the package or on the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on the package or on the label in characters of a font size of at least 3mm and shall be presented in a way so as to ensure a significant contrast between the print and background.
Amendment 100 #
2008/0028(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 103 #
2008/0028(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Within their own territory, the Member States in which a food is marketed may stipulate that the particulars shall be given in one or more languages from among the official languages of the Community. This requirement, may not, however, prevent mandatory information being given instead in other official languages of the Community that are easily understood by consumers in the Member States in question.
Amendment 105 #
2008/0028(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. In the case of packaging or containers the largest surface of which has an area of less than 10 cm2, or miniature bottles whose largest label does not exceed 25cm², only the particulars listed in Article 9(1) (a), (c), (e) and (f) shall be mandatory on the package or on the label. The particulars referred to in Article 9(1)(b) shall be provided through other means or shall be available at the request of the consumer.
Amendment 106 #
2008/0028(COD)
Proposal for a regulation
Article 20 – point e)
Article 20 – point e)
(e) wine as defined in Council Regulation (EC) No 1493/199, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. [...] of [...] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89alcoholic beverages. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of Article 19 ton these products and may accompany this report by specific measures determining the rules for labelling ingredients in these products. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3);
Amendment 116 #
2008/0028(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) However, the Commission should produce a report within five years of the entry into force of this Regulation on whether some categories ofalcoholic beverages should be exempted, in particular, from providing the information on the energy value, and stating the reasons justifying possible exemptions, taking into account the need to ensure coherence with other relevant Union policies. The Commission may also propose, if necessary, specific requirements in the context of this Regulation.
Amendment 121 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 1 – indent 2
Article 29 – paragraph 1 – indent 2
This paragraph shall not apply to wine as defined in Council Regulation (EC) No 1493/1999, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89alcoholic beverages. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of this paragraph ton these products and may accompany this report by specific measures determining the rules for a mandatoryproviding consumers with nutrition declaral information foron these products. Those measures designed to amend non- essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
Amendment 146 #
2008/0028(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. When food information law establishes new requirements, consideration shall be given to the need for a transitional period after the entry into force of the new requirements shall be granted, during which foods bearing labels not complying with the new requirements can be placed on the market, and for stocks of such foods that have been placed on the market before the end of the transitional period to continue to be sold until exhausted.
Amendment 148 #
2008/0028(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The particulars referred to Article 31(2) related to the mandatory nutrition declaration shall be includdisplayed in the principalsame field of vision. They shall be presented, where appropriate, together in a clear format in the following order: energy, fat, saturates, carbohydrates with specific reference to sugars, and salt.
Amendment 151 #
2008/0028(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Where food information covered by this Regulation is provided on a voluntary basis, such information shall comply with the relevant specific requirements laid down in this Regulationbe clearly legible.
Amendment 159 #
2008/0028(COD)
Proposal for a regulation
Article 35 – paragraph 5 a (new)
Article 35 – paragraph 5 a (new)
5a. For whisky, the indication of the country of origin shall always be given, and shall be in the principal field of vision. Where the whisky is the product of more than one country, each shall be listed.
Amendment 165 #
2008/0028(COD)
Proposal for a regulation
Article 38 – paragraph 1 – indent 2 (new)
Article 38 – paragraph 1 – indent 2 (new)
Such measures shall not give rise to obstacles to the free movement of goods in the internal market.
Amendment 170 #
2008/0028(COD)
Proposal for a regulation
Article 40
Article 40
Member States which, at the time this Regulation takes effect, already have national rules may, pending the adoption of the Community provisions referred to in Article 20(e), maintain nationalsuch rules as regard the listing of ingredients in the case of beverages containing more than 1,2 % by volume of alcohol.
Amendment 185 #
2008/0028(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The Commission shall consult the Standing Committee on the Food Chain and Animal Health set up by Article 58(1) of Regulation (EC) No 178/2002 if it considers such consultation to be useful or if a Member State so requests. The Commission will also introduce a formal notification procedure for all stakeholders in line with the provisions established in Directive 98/34.
Amendment 186 #
2008/0028(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
Amendment 193 #
2008/0028(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
By …36 , the Commission shall produce a report concerning the application of Article 18 and Article 29(1) to the products referred to in this paragraph, and addressing whether some categories ofalcoholic beverages should be exempted, in particular, from the requirement to provide the information on the energy value, and the reasons justifying possible exemptions, taking into account the need to ensure coherence with other relevant Union policies.
Amendment 199 #
2008/0028(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 3
Article 21 – paragraph 1 – subparagraph 3
Amendment 203 #
2008/0028(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 4
Article 21 – paragraph 1 – subparagraph 4
The indication of the particulars referred to in point (c) of Article 9(1) shall not be required in cases where: (a) the name of the food clearly refers to the substance or product concerned. (b) the ingredient listed in Annex II from which a substance originates is already included in the list of ingredients.
Amendment 204 #
2008/0028(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to take account of changes and developments in the field of food information, provisions should be made to empower the Commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means. CPublic consultation with all stakeholders should facilitate timely and well targeted changes of food information requirements.
Amendment 208 #
2008/0028(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Food labels should be clear and understandable to assist consumers wanting to make better-informed food and dietary choices. Studies show that legibility is an important element in maximising the possibility that labelled information can influence its audience and that the small print size is one of the main causes ofconsequently factors such as size, font, colour and contrast should be considered together to ensure consumer dissatisfaction with food labels.
Amendment 209 #
2008/0028(COD)
Proposal for a regulation
Annex II – point 1 - letter d
Annex II – point 1 - letter d
(d) cereals used for making alcoholic distillates or ethyl alcohol of agricultural origin for spirit drinks and other beverages containing more than 1,2 % by volume of alcohol.
Amendment 210 #
2008/0028(COD)
Proposal for a regulation
Annex II – point 7 - letter a
Annex II – point 7 - letter a
(a) whey used for making alcoholic distillates or ethyl alcohol of agricultural origin for spirit drinks and other beverages containing more than 1,2 % by volume of alcohol;
Amendment 211 #
2008/0028(COD)
Proposal for a regulation
Annex II – point 8- letter a
Annex II – point 8- letter a
(a) nuts used for making alcoholic distillates or ethyl alcohol of agricultural origin for spirit drinks and other beverages containing more than 1,2 % by volume of alcohol.
Amendment 215 #
2008/0028(COD)
Proposal for a regulation
Annex IV – sixth indent
Annex IV – sixth indent
- food in packaging or containers the largest surface of which, or in the case of miniature bottles the largest label of which, has an area of less than 25 cm2;
Amendment 226 #
Amendment 227 #
2008/0028(COD)
Proposal for a regulation
Annex XIII – part B – point 2 – Table – fourth line
Annex XIII – part B – point 2 – Table – fourth line
– artificial trans fats
Amendment 256 #
2008/0028(COD)
Proposal for a regulation
Article 25 – paragraph 5 – subparagraph 1 a (new)
Article 25 – paragraph 5 – subparagraph 1 a (new)
(h) Whisky
Amendment 260 #
2008/0028(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point t a (new)
Article 2 – paragraph 2 – point t a (new)
(ta) "processing" means a process whereby one (or more) agricultural raw material(s) is (are) transformed into a finished product.
Amendment 266 #
2008/0028(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. When food information law establishes new requirements, considerata transitory periond shall be given to the need for a transitory perioranted after the entry into force of the new requirements, during which foods bearing labels not complying with the new requirements can be placed on the market and for stocks of such foods that have been placed on the market before the end of the transitory period to continue to be sold until exhausted.
Amendment 268 #
2008/0028(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. When considering the need for mandatory food information, account shall be taken of a widespread need on the part of the majority of consumers forthe potential costs and benefits to stakeholders (including consumers, producers and others) of providing certain information to which they attach significant value or of any generally accepted benefits to thenable consumer to enable thems to make informed choices.
Amendment 277 #
2008/0028(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Food information shall be accurate, clear, and easy to understand for the consumer. The committee referred to in Article 49(1) may draw up a non- exhaustive list of the claims and terms within the meaning of paragraph 1, the use of which must at all times be prohibited or restricted.
Amendment 303 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point i
Article 9 – paragraph 1 – point i
(i) the country of origin or place of provenance where failure to indicate this might mislead the consumer to a material degree as to the true country of origin or place of provenance of the food, in particular if the information accompanying the food or the label as a whole would otherwise imply that the food has a different country of origin or place of provenance; in such cases tof all unprocessed meat, fish, fruit and vegetables and, for processed meat, fish and dairy products, the country or area of origin that produced the main agricultural raw material used. The indication shall be in accordance with the rules laid down in Article 35(3) and (4) and those established in accordance with Article 35(5);
Amendment 331 #
2008/0028(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The Commission shall consult the Standing Committee on the Food Chain and Animal Health set up by Article 58(1) of Regulation (EC) No 178/2002 if it considers such consultation to be useful or if a Member State so requests. The Commission will also introduce a formal notification procedure for all stakeholders in line with the provisions established in Directive 98/34.
Amendment 335 #
2008/0028(COD)
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
Amendment 350 #
2008/0028(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Within their own territory, the Member States in which a food is marketed may stipulate that the particulars shall be given in one or more languages from among the official languages of the Union. This requirement may not, however, prevent mandatory information being given instead in other official languages of the Union that are easily understood by the consumers in the member state in question.
Amendment 354 #
2008/0028(COD)
Proposal for a regulation
Annex III – table – point 1a (new)
Annex III – table – point 1a (new)
1a. FOOD PRODUCTS WITH ANIMAL WELFARE CONSIDERATIONS 1a.1 Food products ‘This product comes containing meat from from an animal animals slaughtered by the slaughtered by the Halal method. Halal method’ 1a.2 Food products ‘This product comes containing meat from from an animal animals slaughtered by the slaughtered by the Shechita method. Shechita method’
Amendment 358 #
2008/0028(COD)
Proposal for a regulation
Annex III – table – point 4.2–left-hand column
Annex III – table – point 4.2–left-hand column
4.2 Foods other than those mentioned under point 4.1,beverages where caffeine is added with a nutritional or physiological purpose.
Amendment 364 #
2008/0028(COD)
Proposal for a regulation
Article 20 – point e
Article 20 – point e
(e) wine as defined innd wine products as defined in Article 1(1) of Council Regulations (EC) No 1493/19. 479/2008 and Article 2(1) of Council Regulation (EC) No 1601/1991, similar products obtained from fruit other than grapes, cider, perry beer, and spirits as defined in Article 2(1) of Regulation (EC) No […] of […]. 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 and other alcoholic beverages. The Commission shall produce a report after [five years ofby [5 years at the latest after the entry into force of this Regulation] concerning the application of Article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted where necessary in accordance with the regulatory procedure with scrutiny referred to in Article 49(3); following procedure: (i) as regards the products referred to in Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, under the procedure laid down in Article 113(1) of that Regulation; (ii) as regards the products referred to in Article 2(1) of Council Regulation (EC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine product cocktails, under the procedure laid down in Article 13 of that Regulation; (iii) as regards the products referred to in Council Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89, under the procedure laid down in Article 25(1) of that Regulation; (iv) as regards other products, under the regulatory procedure with scrutiny referred to in Article 49(3): (ea) Without prejudice to the specificities identified through the procedures for products referred to in points (i), (ii) and (iii) of point (e).
Amendment 365 #
2008/0028(COD)
Proposal for a regulation
Annex VI – point 1 a (new)
Annex VI – point 1 a (new)
1a. The name of the food in the labelling of any meat product which has the appearance of a cut, joint, slice, portion or carcase of meat, or of cured meat shall include an indication of: (a) any added ingredient of a different animal origin to the rest of the meat; and (b) any added water in the following circumstances: – in the case of cooked and uncooked meat, or cooked cured meat, any added water making up more than 5 % of the weight of the product; – in the case of uncooked cured meat, any added water making up more than 10 % of the weight of the product. The name of the food in the labelling of any fish product which has the appearance of a cut, fillet, slice, or portion of fish shall include an indication of: (a) any added ingredient of vegetable origin, and of an animal origin other than fish; and (b) any added water making up more than 5% of the weight of the product.
Amendment 374 #
2008/0028(COD)
Proposal for a regulation
Annex VI – point 2
Annex VI – point 2
2. In the case of foods that have been frozen before sale and which are sold defrosted, the name of the food shall be accompanied by the designation ‘defrosted’ where failure to do so would mislead.
Amendment 380 #
2008/0028(COD)
Proposal for a regulation
Annex VI – point 2 a (new)
Annex VI – point 2 a (new)
2a. Where foods covered by point 2 comprise more than one ingredient, the designation is required only where the entire product has been frozen before sale to the final consumer.
Amendment 394 #
2008/0028(COD)
Proposal for a regulation
Annex VII – part D – point 1
Annex VII – part D – point 1
1. Flavourings shall be designated either by the word ‘flavouring(s)’ or by a more specific name or description of the flavouringWithout prejudice to paragraph 2, flavourings shall be designated by the terms — ‘flavourings’ or a more specific name or description of the flavouring, if the flavouring component contains flavourings as defined in Article 3(2)(b), (c), (d), (e), (f), (g) and (h) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods (*); —’smoke flavouring(s)’, or ‘smoke flavouring(s) produced from’ food(s) or food category or source(s)’ (e.g. smoke flavouring produced from beech), if the flavouring component contains flavourings as defined in Article 3(2)(f) of Regulation (EC) No 1334/2008 and imparts a smoky flavour to the food.
Amendment 395 #
2008/0028(COD)
Proposal for a regulation
Annex VII – part D – point 3
Annex VII – part D – point 3
3. The wordterm ‘natural’ for any other word having substantially the same meaning may be used only for flavourings in which the flavouring component contains exclusively flavouring substances as defined in point (b) ofthe description of flavourings shall be used in accordance with Article 3(2)16 of Regulation (EC) No 1334/2008 and/or flavouring preparations as defined in point (d) of Article 3(2) of that Regulation.
Amendment 396 #
2008/0028(COD)
Proposal for a regulation
Annex VII – part D – point 4
Annex VII – part D – point 4
4. If the name of the flavouring contains a reference to the vegetable or animal nature or origin of the incorporated substancesBy way of derogation from paragraph 6 of Article 16 of Regulation (EC) No 1334/2008, the wordterm ‘natural’ or any other word having substantially the same meaning may not be used unless the flavouring component has been isolated by appropriate physical processes, enzymatic or microbiological processes or traditional food-preparation processes solely or almost solely from the food or the flavouring source concerned flavouring(s)’ may also be used where the conditions of paragraph 4 or 5 of that article are met.
Amendment 397 #
2008/0028(COD)
Proposal for a regulation
Annex IX – point 1 ca (new)
Annex IX – point 1 ca (new)
1ca. foods the subject of national measures exempting packs of 50g or less.
Amendment 399 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 1– subparagraph 2
Article 29 – paragraph 1– subparagraph 2
This paragraph shall not apply to wine as defined in Council Regulation (EC) No 1493/19nd wine products as defined in Article 1(1) of Council Regulation (EC) No 479/2008 and Article 2(1) of Council Regulation (EC) No 1601/1991, similar products obtained from fruit other than grapes, cider, perry, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […] 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 and other alcoholic beverages. The Commission shall produce a report afterby [five years ofat the latest after the entry into force of this Regulation] concerning the application of this paragraph on these products and may accompany this report by specific measures determining the rules for labelling ingredients. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted where necessary in accordance with the regulatory procedure with scrutiny referred to in Article 49(3); following procedure: (a) as regards the products referred in the Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, under the procedure laid down in Article 113(1) of that Regulation; (b) as regards the products referred to in Article 2(1) of Council Regulation (EC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine product cocktails, under the procedure laid down in Article 13 of that Regulation; (c) as regards the products referred to in Council Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89, under the procedure laid down in Article 25(1) of that Regulation; (d) as regards other products, under the regulatory procedure with scrutiny referred to in Article 49(3). Without prejudice to the specificities identified through the procedures for products referred to in points (a), (b) and (c) of subparagraph 2.
Amendment 402 #
2008/0028(COD)
Proposal for a regulation
Annex XV – paragraph 1 – introductory part
Annex XV – paragraph 1 – introductory part
The units of measurement to be used in the nutrition declaration for energy (kilojoules (kJ) and kilocalories (kcal)) and mass (grams (g), milligrams (mg), and micrograms (µg)) and the order of presentation of the information, as appropriate, shall be the following:
Amendment 469 #
2008/0028(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. Paragraph 1 shall not apply to foods defined in Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses and specific directives as referred to in Article 4(1) of that Directive.
Amendment 480 #
2008/0028(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Where food information covered by this Regulation is provided on a voluntary basis, such information shall comply with the relevant specific requirements laid down in this Regulationbe clearly legible.
Amendment 493 #
2008/0028(COD)
Proposal for a regulation
Article 35 – paragraph 5 a (new)
Article 35 – paragraph 5 a (new)
5a. For whisky, the indication of the country of origin shall always be given, and shall be in the principal field of vision. Where the whisky is the product of more than one country, each shall be listed.
Amendment 504 #
2008/0028(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1 a (new)
Article 38 – paragraph 1 – subparagraph 1 a (new)
Such measures shall not give rise to obstacles to the free movement of goods in the internal market.
Amendment 520 #
2008/0028(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The Commission shall consult the Standing Committee on the Food Chain and Animal Health set up by Article 58(1) of Regulation (EC) No 178/2002 if it considers such consultation to be useful or if a Member State so requests. The Commission shall also introduce a formal notification procedure for all stakeholders in accordance with the provisions established in Directive 98/34/EC.
Amendment 521 #
2008/0028(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
Amendment 551 #
2008/0028(COD)
Proposal for a regulation
Annex IV – point 17 a (new)
Annex IV – point 17 a (new)
- food items with a seasonal, luxury and gift design or packaging.
Amendment 17 #
2008/0016(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Land with high stocks of carbon in its soil or vegetation should also not be utilised for the development of other renewable energy projects such as the construction of wind turbines and their associated roads, including 'floating roads' and other infrastructure. The impact of such developments on peatland will inevitably lead to the drying out of the peat bog over large areas and the release of stored carbon into the atmosphere, leading to the formation of carbon dioxide.
Amendment 26 #
2008/0016(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Land with high stocks of carbon in its soil or vegetation should also not be utilised for the development of other renewable energy projects such as the construction of wind turbines and their associated roads, including 'floating roads' and other infrastructure. The impact of such developments on peatland will inevitably lead to the drying out of the peat bog over large areas and the release of stored carbon into the atmosphere, leading to the formation of carbon dioxide.
Amendment 62 #
2008/0016(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Land with high stocks of carbon in its soil or vegetation should also not be utilised for the development of other renewable energy projects such as the construction of wind turbines and their associated roads, including 'floating roads' and other infrastructure. The impact of such developments on peatland will inevitably lead to the drying out of the peat bog over large areas and the release of stored carbon into the atmosphere, leading to the formation of carbon dioxide.
Amendment 105 #
2008/0016(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Land with high stocks of carbon in its soil or vegetation should also not be utilised for the development of other renewable energy projects such as the construction of wind turbines and their associated roads, including 'floating roads' and other infrastructure. The impact of such developments on peatland will inevitably lead to the drying out of the peat bog over large areas and the release of stored carbon into the atmosphere, leading to the formation of carbon dioxide.
Amendment 273 #
2008/0016(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Land with high stocks of carbon in its soil or vegetation should also not be utilised for the development of other renewable energy projects such as the construction of wind turbines and their associated roads, including ‘floating roads’ and other infrastructure. The impact of such developments on peatland will inevitably lead to the drying out of the peat bog over large areas and the release of stored carbon into the atmosphere, leading to the formation of carbon dioxide.
Amendment 2 #
2007/2110(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the progress madeattempts by the Community fleet in fisheries on deep- water species and notes a certain lack of symmetry between the situation described in the Commission communication and the actual situationto pursue a sustainable fishery;
Amendment 4 #
2007/2110(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. WarnAccepts that constant changes in the rules, and launchmeasures currently ing fresh proposals without allowing time toorce have been poorly implemented and existing proposals and adequately process the information obtained, result in a loss of credibility for the CFPeffort restrictions have clearly been better suited to some species rather than others;
Amendment 7 #
2007/2110(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out to the Commission that, even where total allowable catches (TACs) and effort limitations for these fisheries have been fixed arbitrarily owing to the lack of biological knowledge, the precautionary approach to and managementthe exploitation of each species considered as a deep-water species must be specific and individually tailorobserved, and TACs must be set on the basis of precise scientific studiesaccordingly;
Amendment 10 #
2007/2110(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to reduce discards, which have a detrimental biological effect and a negative economic impact, by adopting technical measures based on reliable scientific research, such as closed seasons, prohibited zones and mesh size regulations, taking account of the particular characteristics of each area in which they will applyintroduce a ban on discards in the deep-water fishery, which would enable scientists to study with more precision the complex diversity of species, many of them inedible, being landed;
Amendment 11 #
2007/2110(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view that the Commission, within the framework of measures to reduce by-catches and eliminateban discards, should adjust effort levels to reflect the target species and the species that are taken only as accidental catchesimpose a ban on all fishing activity over seamounts, hydrothermal vents and within five miles of all identified coldwater corals. Bottom-trawling at depths below 1000m should also be banned, whilst at the same time strengthening monitoring and control procedures;
Amendment 13 #
2007/2110(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that, given that many deep-water species are taken as by-catches, the Commission's repeated proposals for TAC reductions require verified scientific information, given the risk that such reductions could lead to a rise in discards; calls on the Commission to provide for special treatment in the case of quotas for deep-water species taken as by-catchand therefore urges the Commission to place more emphasis on effort control as a way of reducing by- catch, noting, however, that restrictions on mesh sizes are inappropriate due to the shape and size of deep-water species;
Amendment 62 #
2007/0223(CNS)
Proposal for a regulation
Article 36 – point j (a) (new)
Article 36 – point j (a) (new)
(ja) Member States shall not grant public aid or subsidies to IUU vessels.
Amendment 74 #
2007/0223(CNS)
Proposal for a regulation
Article 45 – point g (a) (new)
Article 45 – point g (a) (new)
(ga) The sanctions provided for in this Chapter shall be accompanied by other sanctions or measures, in particular a temporary ban for at least the duration of the programming period, or a permanent ban on access to public aid or subsidies.
Amendment 75 #
2007/0223(CNS)
Proposal for a regulation
Article 45 – point g (b) (new)
Article 45 – point g (b) (new)
(gb) The sanctions provided for in this Chapter shall be accompanied by other sanctions or measures, in particular the repayment of public aid or subsidies received by IUU vessels during the relevant financial period.