Activities of Carolina PUNSET related to 2015/0289(COD)
Plenary speeches (1)
Sustainable management of external fishing fleets (debate) ES
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets, repealing Council Regulation (EC) No 1006/2008
Amendments (14)
Amendment 17 #
Proposal for a regulation
Recital 5
Recital 5
(5) The issue of the obligations and concomitant responsibilities and liabilities of the flag State and, where appropriate, the flag international organisation, for the conservation and management of the living resources of the high seas under UNCLOS has increasingly come into focus at international level. This has also been the case, under the heading of a due diligence obligation flowing from UNCLOS, for concurrent coastal State jurisdiction and flag State jurisdiction and, as appropriate, flag international organisation jurisdiction, to secure sound conservation of marine biological resources within sea areas under national jurisdiction. The Advisory Opinion of 2 April 2015 of the International Tribunal for the Law of the Sea (ITLOS), rendered in response to questions raised by the West Africa Subregional Fisheries Commission, confirmed that the Union bears international responsibility before third countries and international organisations for the activities of its fishing vessels, and that such responsibility requires it to act with due diligence. A due diligence obligation is an obligation for a State to exercise best possible efforts and to do the utmost to prevent illegal fishing, which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag, its nationals, or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures. For these reasons, it is important to organise both the activities of Union fishing vessels outside Union waters as well as the governance system pertaining thereto in such a manner that the Union's international obligations can be efficiently and effectively discharged and that situations where the Union might be reproached for internationally wrongful acts are avoided.
Amendment 23 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The Union committed itself at the United Nations Summit on Sustainable Development on 25 September 2015 to implementing the resolution containing the outcome document entitled "Transforming our world: the 2030 Agenda for Sustainable Development", including Sustainable Development Goal 14 "Conserve and sustainably use the oceans, seas and marine resources for sustainable development", as well as Sustainable Development Goal 12 "Ensure sustainable consumption and production patterns" and their targets.
Amendment 25 #
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7b) All the members of the FAO, including the Union and its developing country partners, unanimously adopted in 2014 the Voluntary Guidelines on Securing Sustainable Small-scale Fisheries in the Context of Food Security and Poverty Eradication, including point 5.7 thereof, which highlights that small- scale fisheries should be given due consideration before agreements on resource access are entered into with third countries and third parties.
Amendment 28 #
Proposal for a regulation
Recital 12
Recital 12
(12) The core principle of the present regulation is that any Union vessel fishing outside Union waters should be authorised by its flag Member State and monitored accordingly, irrespective of where it operates and the framework under which it does so. The issuing of an authorisation should be dependent on a basic set of common eligibility criteria being fulfilled. The information gathered by the Member States and provided to the Commission should allow the latter to intervene in the monitoring of the fishing activities of all Union fishing vessels in any given area outside Union waters at any time. This is necessary to enable the Commission to fulfil its obligations as Guardian of the Treaties that the decisions taken to implements aid Treaties are properly enforced.
Amendment 30 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. If a flag Member State fails to refuse, amend, suspend or withdraw the authorisation in accordance with paragraphs 4 and 5, the Commission may decide to withdraw the authorisationzation so that the Union's international obligations can be efficiently and effectively discharged as set out in recital 5 and 12. The Commission shall and notify the flag Member State and the operator accordingly.
Amendment 32 #
Proposal for a regulation
Article 18 – paragraph 1 – point c – indent 2 – introductory part
Article 18 – paragraph 1 – point c – indent 2 – introductory part
- evidence of the sustainability of the planned fishing activities and the existence of a surplus of allowable catch as required by Article 31 of the Regulation (EU) No 1380/2013, on the basis of:
Amendment 34 #
Proposal for a regulation
Article 18 – paragraph 1 – point c – indent 6 a (new)
Article 18 – paragraph 1 – point c – indent 6 a (new)
- available data on the global fishing effort in the fisheries concerned; and
Amendment 36 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29a Conditions for fishing authorisations by the flag Member States. A flag Member State may only issue a fishing authorisation for fishing activities under chartering arrangements if the eligibility criteria in Article 5 are fulfilled.
Amendment 53 #
Proposal for a regulation
Recital 5
Recital 5
(5) The issue of the obligations and concomitant responsibilities and liabilities of the flag State and, where appropriate, the flag international organisation, for the conservation and management of the living resources of the high seas under UNCLOS has increasingly come into focus at international level. This has also been the case, under the heading of a due diligence obligation flowing from UNCLOS, for concurrent coastal State jurisdiction and flag State jurisdiction and, as appropriate, flag international organisation jurisdiction, to secure sound conservation of marine biological resources within sea areas under national jurisdiction. The Advisory Opinion of 2 April 2015 of the International Tribunal for the Law of the Sea (ITLOS), rendered in response to questions raised by the West Africa Subregional Fisheries Commission, confirmed that the Union bears international responsibility before third countries and international organisations for the activities of its fishing vessels, and that such responsibility requires it to act with due diligence. A due diligence obligation is an obligation for a State to exercise best possible efforts and to do the utmost to prevent illegal fishing, which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag, its nationals, or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures. For these reasons, it is important to organise both the activities of Union fishing vessels outside Union waters as well as the governance system pertaining thereto in such a manner that the Union's international obligations can be efficiently and effectively discharged and that situations where the Union might be reproached for internationally wrongful acts are avoided.
Amendment 98 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) the operator and the fishing vessel have not been subject to a sanction for a serious infringement according to the point system under the national law of the Member State pursuant to Article 42 of Council Regulation (EC) No 1005/2008 and Article 90 of Council Regulation (EC) No 1224/2009 during the 12 months prior to the application for the fishing authorisation;
Amendment 106 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) subsequently returned to the Union fishing fleet register within 24 months from the date of leaving itsince 2010.
Amendment 172 #
Proposal for a regulation
Article 14 – paragraph 3 – point f a (new)
Article 14 – paragraph 3 – point f a (new)
(fa) environmental, social and economic sustainability.
Amendment 185 #
Proposal for a regulation
Article 18 – paragraph 1 – point b a (new)
Article 18 – paragraph 1 – point b a (new)
(ba) the existence of a surplus of allowable catches provided by the third country;
Amendment 220 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) it has been issued with a fishing authorisation by its flag Member State with the duly evidence of sustainability validated by the scientific institute of the flag Member State; and