48 Amendments of Bas EICKHOUT related to 2011/0195(COD)
Amendment 112 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The Treaty should not constitute an impediment to the obligation of the Union to sustainably manage the exploitation of marine resources;
Amendment 114 #
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, since the Union ratified UNCLOS in 1998, 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 153 #
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 environmentally sustainable in the long term in order to achieve the objectives of the Treaty and to provide long-term sustainable environmental, economic and social conditions and contribute to the availability of food supplies.
Amendment 174 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point a
Part 1 – article 3 – paragraph 1 – point a
(a) eliminate unwanted catches ofand unauthorized catches of commercial and non- commercial stocks and gradually ensure that all catches of such stocks are landed without creating new markets or expanding existing ones;
Amendment 177 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point a a (new)
Part 1 – article 3 – paragraph 1 – point a a (new)
(aa) contribute to the achievement and maintenance of good environmental status as set out in Article 1(l) of Directive 2008/56EC 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 185 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point c
Part 1 – article 3 – paragraph 1 – point c
(c) promote the development ofensure that Union aquaculture activities toare environmentally sustainable and contribute to food security and employment in coastal and rural areas;
Amendment 195 #
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – point b
Part 1 – article 4 – paragraph 1 – point b
(b) establishment of measures in accordance withthat follow the best available scientific advice, mindful that the absence of adequate scientific information shall not be used as a reason for postponing or failing to take conservation and management measures;
Amendment 212 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 8
Part 1 – article 5 – paragraph 1 – indent 8
– ‘ecosystem-based approach to fisheries management’ means an approach ensuring that benefits from living aquatic resources are high while the individual or cumulative direct and indirect impacts of fishing operations and other anthropogenic activities on marine ecosystems are lowminimized and not detrimental to the future functioning, diversity and integrity of those ecosystems and in which the structure and functioning of the ecosystem is not significantly distorted;
Amendment 222 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 19
Part 1 – article 5 – paragraph 1 – indent 19
– ‘fishing capacity’ means 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 , its gear type as defined in Annex XI of Commission Regulation 404/2011 and the amount of gear deployed;
Amendment 225 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 a (new)
Part 1 – article 5 – paragraph 1 – indent 32 a (new)
- ‘good environmental status’ means as defined in Directive 2008/56/EC Art 9.3
Amendment 246 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point c
Part 3 – article 7 – paragraph 1 – point c
(c) adopting measures for the purpose of adapting the number of fishing vessels and/or the quantity of gear deployed and/or types of fishing vessels to available fishing opportunities;
Amendment 279 #
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 above levels capable of producing maximum sustainable yield shall be established as a priority. Plans for all regulated stocks and fisheries shall be adopted within five years of the entry into force of the present regulation.
Amendment 283 #
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point b a (new)
Part 3 – article 9 – paragraph 2 – point b a (new)
(ba) measures for the restoration and maintenance of good environmental status.
Amendment 298 #
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 by 2015 in a fishing mortality rate that, with high probability, restores and maintains all stocks above levels capable of producing maximum sustainable yield by 2015.
Amendment 299 #
Proposal for a regulation
Part 3 – article 10 – paragraph 1 a (new)
Part 3 – article 10 – paragraph 1 a (new)
1a. Multiannual plans shall aim to achieve biomass levels above those capable of producing maximum sustainable yield by 2020.
Amendment 300 #
Proposal for a regulation
Part 3 – article 10 – paragraph 1 b (new)
Part 3 – article 10 – paragraph 1 b (new)
1b. Multiannual plans shall aim to eliminate unwanted and unauthorized catches of commercial and non- commercial stocks.
Amendment 309 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point e
Part 3 – article 11 – paragraph 1 – point e
(e) technical measures including measures concerning the eliminata comprehensive set of technical measures designed to eliminate unwanted catches of commercial and non- commercial stocks within a periond of unwanted catchesthree years from the date of entry into force of the multiannual plan;
Amendment 336 #
Proposal for a regulation
Part 3 – article 12 – paragraph 2
Part 3 – article 12 – paragraph 2
2. TIn cases where the Member States fail to take the actions required under paragraph 1, the Commission shall be empowered to adopt delegated acts in accordance with Article 55, to specify fishing related measures to alleviate the impact of fishing activities in special areas of conservation.
Amendment 338 #
Proposal for a regulation
Part 3 – article 13 – paragraph 1
Part 3 – article 13 – paragraph 1
1. On the basis of evidence of a serious threat to the conservation of marine biological resources, or to the marine eco- system and requiring immediate action, the Commission, upon a reasoned request of a Member State or on its own initiative, mayshall decide on temporary measures to alleviatremove the threat.
Amendment 342 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – introductory part
Part 3 – article 14 – paragraph 1 – introductory part
Technical measures frameworks to ensure the protection of marine biological resources and the reduction of the impact of fishing activities on fish stocks and on marine eco-systems shall be established and incorporated into new and existing multiannual plans. Technical measures frameworks shall:
Amendment 358 #
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – point b
Part 3 – article 15 – paragraph 1 – point b
(b) At the latest from 1 January 2015: cod, hake, sole; , haddock, whiting, megrim, anglerfish, plaice, ling, saithe, pollack, lemon sole, turbot, brill, blue ling, black scabbard, roundnose grenadier, orange roughly, Greenland halibut, tusk, redfish and Mediterranean demersal stocks, sandeel, dab, smelt, flounder, witch, Norway lobster, northern prawn, Penaeus sp., sprat, northern pout.
Amendment 360 #
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – point c
Part 3 – article 15 – paragraph 1 – point c
Amendment 363 #
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – subparagraph 1 (new)
Part 3 – article 15 – paragraph 1 – subparagraph 1 (new)
Multiannual plans for fisheries catching the species listed above shall incorporate comprehensive technical and other measures designed to eliminate catches of undersized target fish and unwanted and/or unauthorized species.
Amendment 388 #
Proposal for a regulation
Part 3 – article 17 – paragraph 2 – point a
Part 3 – article 17 – paragraph 2 – point a
(a) are compatible with the objectives set out in Articles 2 and 3 and the principles of good governance set out in Article 4;
Amendment 390 #
Proposal for a regulation
Part 3 – article 17 – paragraph 2 – point c
Part 3 – article 17 – paragraph 2 – point c
(c) meet the objectives and quantifiable targets set out in a multiannual plan effectively with a high probability and within the time frame specified; and
Amendment 406 #
Proposal for a regulation
Part 3 – article 26 a (new)
Part 3 – article 26 a (new)
Article 26 a Member State emergency measures 1. If there is evidence of a serious and unforeseen threat to the conservation of living aquatic resources, or to the marine ecosystem resulting from fishing activities, in waters falling under the sovereignty or jurisdiction of a Member State where any undue delay would result in damage that would be difficult to repair, that Member State may take emergency measures, the duration of which shall not exceed three months. Where emergency measures to be adopted by a Member State are liable to affect fishing vessels of other Member States, such measures shall be adopted only after consulting the Commission, the relevant Member States and relevant Advisory Councils on a draft of the measures accompanied by an explanatory memorandum.
Amendment 407 #
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 transferable fishing concessions no later than 31 December 2013 forfor vessels flying their flag. Such a system shall only apply in Union waters.
Amendment 414 #
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – point a
Part 4 – article 27 – paragraph 1 – point a
Amendment 415 #
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – point b
Part 4 – article 27 – paragraph 1 – point b
Amendment 416 #
Proposal for a regulation
Part 4 – article 27 – paragraph 2
Part 4 – article 27 – paragraph 2
Amendment 424 #
Proposal for a regulation
Part 4 – article 28 – paragraph 2
Part 4 – article 28 – paragraph 2
2. Each Member State shall allocate transferable fishing concessions on the basis of transparentequitable and transparent environmental and social criteria, for each stock or group of stocks for which fishing opportunities are allocated in accordance with Article 16, excluding fishing opportunities obtained under sustainable fisheries agreementoutside Union waters.
Amendment 433 #
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 15 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 152 years.
Amendment 437 #
Proposal for a regulation
Part 4 – article 28 – paragraph 6
Part 4 – article 28 – paragraph 6
6. Member States may recall transferable fishing concessions with a shorter notice in the event of an established serious infringement committed by the holder of the concessions. 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 446 #
Proposal for a regulation
Part 4 – article 29 – paragraph 4
Part 4 – article 29 – paragraph 4
4. Member States may reserve up to 5% of fishing opportunities. They shall establish objectives and transparent criteria for the allocation of such reserved fishing opportunitiesadopt alternative allocation mechanisms for fishing opportunities based on objectives and transparent criteria. Those fishing opportunities may only be allocated to eligible holders of transferable fishing concessions as set out in Article 28(4).
Amendment 448 #
Proposal for a regulation
Part 4 – article 29 – paragraph 5
Part 4 – article 29 – paragraph 5
5. When allocating transferable fishing concessions in accordance with Article 28 and when allocating fishing opportunities in accordance with paragraphs 1 and 4 of this Article, a Member State may provide incentives to fishing vessels deploying selective fishing gears and practices that eliminates unwanted by-catch within the fishing opportunities assigned to that Member Statees and other negative impacts on the marine environment.
Amendment 453 #
Proposal for a regulation
Part 4 – article 31 – paragraph 2
Part 4 – article 31 – paragraph 2
2. A Member State may not authorise transfer of transferable fishing concessions to and from other Member States.
Amendment 455 #
Proposal for a regulation
Part 4 – article 32 – paragraph 2
Part 4 – article 32 – paragraph 2
Amendment 456 #
Proposal for a regulation
Part 4 – article 33
Part 4 – article 33
Amendment 460 #
Proposal for a regulation
Part 4 – article 33 a (new)
Part 4 – article 33 a (new)
Article 33 a Measurement of fishing capacity Fishing fleets of the Member States shall be measured in terms of their ability to catch fish. To this end, by 31 July 2013 the Commission shall submit a proposal to the European Parliament and the Council to amend Council Regulation (EEC) 2930/1986 to define capacity according to the following characteristics: (a) length overall (b) breadth (c) gross tonnage (d) engine power (e) gear type (f) gear dimension (including number of units deployed) (g) any other measurable characteristic that affects a vessel's ability to catch fish By 31 December 2013 the Commission shall publish a detailed inventory of the capacity of the current fishing fleets of each Member State together with an assessment of the appropriate capacity of each fleet given the resources available to it. The Commission shall base this document on information furnished by the Member States as well as other information available to it, including, inter alia, scientific institutes, Regional Fisheries Management Organisations and others.
Amendment 462 #
Proposal for a regulation
Part 5 – article 34 – paragraph 1
Part 5 – article 34 – paragraph 1
1. Member States shall, by 2015, put in place measures to adjust the fishing capacity of their fleets in order to achieve an effective balance between such fishing capacity and their fishing opportunities. They shall report annually to the Commission on progress achieved.
Amendment 464 #
Proposal for a regulation
Part 5 – article 35 – paragraph 1
Part 5 – article 35 – paragraph 1
1. Each Member State fleet shall be subject to fishing capacity ceilings bas setd out in Annex IIn the data provided for under Article 33a.
Amendment 466 #
Proposal for a regulation
Part 5 – article 35 – paragraph 2
Part 5 – article 35 – paragraph 2
Amendment 467 #
Proposal for a regulation
Part 5 – article 35 – paragraph 3 a (new)
Part 5 – article 35 – paragraph 3 a (new)
3a. The Commission shall report annually on the level of compliance by the Member States with their obligations under Articles 33a, 35 and the present article.
Amendment 483 #
Proposal for a regulation
Part 7 – article 41 – paragraph 2 a (new)
Part 7 – article 41 – paragraph 2 a (new)
2a. In order to allow for the identification of surplus of the allowable catch referred to under paragraph 3, Fisheries Partnership Agreements shall provide for transparency and exchange of all relevant information between the EU and the third country about the total fishing effort on the concerned stocks by national and, where appropriate, foreign vessels.
Amendment 495 #
Proposal for a regulation
Part 8 – article 43 – title
Part 8 – article 43 – title
Amendment 498 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – introductory part
Part 8 – article 43 – paragraph 1 – introductory part
1. With a view to promoting sustainability and contributing to food security, growth and employment, non-binding Union strategic guidelines on common priorities and targets for the development of aquaculture activities shall be established by the Commission by 2013. Such strategic guidelines shall be designed to ensure that aquaculture activities are environmentally sustainable and contribute to the achievement of good environmental status. They shall take account of the relative starting positions and different circumstances throughout the Union, shall form the basis for multiannual national strategic plans and shall aim at:
Amendment 501 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point a a (new)
Part 8 – article 43 – paragraph 1 – point a a (new)
(aa) preventing degradation of the marine environment
Amendment 539 #
Proposal for a regulation
Part 14 – article 57 – paragraph 4
Part 14 – article 57 – paragraph 4