BETA

58 Amendments of Werner KUHN related to 2018/0193(COD)

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1224/2009
Article 9 a – paragraph 3

3. Flag Member States shall ensure that fisheries monitoring centres have access to all relevant data and in particular as listed in Articles 109 and 110 and ~~operate~~that monitoring is ensured 7 days a week and 24 hours a day.

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009
Article 14 – paragraph 1

1. The master of each Union catching vessel shall keep an electronic fishing logbook for the purpose of recording fishing activities in which all quantities of each species caught above 50 kg live- weight equivalent are entered.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009
Article 14 – paragraph 2 – point b

(~~b) the vessel identification number and the name of the fishing vessel;~~Does not affect the English version.)

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1224/2009
Article 14 – paragraph 2 – point i

~~(i) estimated discards in volume for any species not subject to the landing obligation pursuant to Article 15(4) and (5) of Regulation (EU) No 1380/2013;~~deleted

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1224/2009
Article 15 – paragraph 2 a (new)

2a. By way of derogation from paragraph 2, masters of Union fishing vessels below eight metres’ length overall may, after completion of a fishing trip, record catches and transmit the data electronically.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point c

Regulation (EC) No 1224/2009
Article 17 – paragraph 6 – point b

~~(b) the extension of the prior notification obligation set out in paragraph 1 to fishing vessels of less than 12 metres’ length overall for specific fisheries;~~deleted

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 18

Regulation (EC) No 1224/2009
Article 19 a – paragraph 2

2. The flag Member State may set a shorter period, of not less than ~~four~~two hours, for the prior notification referred to in paragraph 1 for fishing vessels flying their flag carrying out fishing activities in third country waters, taking into account the type of fishery products and the distance between the fishing grounds and port.

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 19

Regulation (EC) No 1224/2009
Article 20 – paragraph 2b a (new)

(2ba) By way of derogation from paragraph 2b, Member States may shorten the authorisation application period in some instances.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 20

Regulation (EC) No 1224/2009
Article 21 – paragraph 2 – point b

(~~b) the vessel identification numbers and the name of both the donor and the receiving fishing vessels;~~Does not affect the English version.)

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 21

Regulation (EC) No 1224/2009
Article 24 – paragraph 1

1. The master of a Union fishing vessel o~~r their~~f 12 metres’ length overall or more, or his representative, shall submit by electronic means the information referred to in Article 23 to the competent authority of their flag Member State within 24 hours after completion of the landing.

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 23

Regulation (EC) No 1224/2009
Article 25 a – paragraph 1

(1) Member States shall ensure effective control of the landing obligation. For this purpose a minimum percentage of fishing vessels fishing for species subject to the landing obligation and flying their flag established in accordance with paragraph 2, shall be equipped with ~~continuously recording Closed-Circuit Television (CCTV~~a remote electronic control (REC) systems incorporating data storage.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 23

Regulation (EC) No 1224/2009
Article 25 a – paragraph 3

3. In addition to the ~~CCTV~~REC systems referred to in paragraph 1, Member States may require the use of other electronic monitoring systems for the purpose of controlling the landing obligation.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 23

Regulation (EC) No 1224/2009
Article 25 a – paragraph 4

4. The Commission may, by means of implementing acts, lay down detailed rules on the requirements, technical specifications, installation and functioning of the electronic monitoring systems for the control of the landing obligation, including ~~continuously recording CCTV~~REC systems.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 38Regulation (EC) No 1224/2009

Article 42 – paragraph 2

(38) in paragraph 32 of Article 42 the following words “Articles 60 and 61” are replaced by “Article 60”.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 43

Regulation (EC) No 1224/2009
Article 50 – paragraph 2

2. Fishing activities of Union fishing vessels in fishing restricted areas located in high seas ~~or in third country waters~~ shall be controlled by the flag Member States.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 43

Regulation (EC) No 1224/2009
Article 50 – paragraph 2 a (new)

2a. Fishing activities of Union fishing vessels in fishing restricted areas located in third states shall be controlled by the third states.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 43

Regulation (EC) No 1224/2009
Article 50 – paragraph 2 b (new)

2b. If a fishing vessel enters a fishing restricted area, data transmission shall take place at least every 30 minutes.

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009
Article 55 – paragraph 1

1. Member States shall ensure that recreational fisheries at sea on their territory and in Union waters are conducted in a manner compatible with the objectives and rules of the common fisheries policy.

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 44

Regulation (EC) No 1224/2009
Article 55 – paragraph 2 – point b

(b) put in place a registration or licensing system for vessels used ~~in such~~to transport recreational fishermen on a non- commercial basies, in addition to the registration or licencing system for natural and legal persons referred to in paragraph 1.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009
Article 56a – paragraph 1

1. Fishery and aquaculture products from catching or harvesting shall be put into lots prior to ~~placing on the market~~first sale.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009
Article 56a – paragraph 5

5. After ~~the placing on the market~~first sale, a lot of fishery or aquaculture products may only be merged with another lot or split, if the lot created by merging or the lots created by splitting meet the following conditions:

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 46

Regulation (EC) No 1224/2009
Article 58 – paragraph 7

7. Member States may exempt from the requirements set out in this Article small quantities of products sold directly from fishing vessels to consumers, provided that these do not exceed 510 kg of fishery product per consumer per day.

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 47

Regulation (EC) No 1224/2009
Article 59 – paragraph 3

(3) Consumers acquiring up to an amount of 510 kg of fishery product per day which are not thereafter placed on the market but used only for private consumption shall be exempted from this Article.

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 48

Regulation (EC) No 1224/2009
Article 59a – paragraph 1

1. Member States shall ensure that procedures are in place to enable that all fishery products are weighed ~~upon landing~~ on systems approved by the competent authorities and that weighing is carried out by operators registered for the weighing of fisheries products.

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 49

Regulation (EC) No 1224/2009
Article 60 – paragraph 1

1. Member Stasters shall ensure that all quantities of fishery products are weighed per species on weighing systems and by operators registered pursuant to Article 59a ~~immediately after landing, prior to the fishery products being held in storage, transported or placed on the market~~.

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 49

Regulation (EC) No 1224/2009
Article 60 – paragraph 1 a (new)

1a. By way of derogation from paragraph 1, Member States may permit fishery products to be weighed on board fishing vessels. In that instance, masters shall be responsible for ensuring that weighing is correctly carried out.

2019/02/07
Committee: PECH

Werner KUHN, Jens GIESEKE

Proposal for a regulation
Article 1 – paragraph 1 – point 49

1b. Without prejudice to specific provisions, the weighing shall be carried out on landing prior to the fisheries products being held in storage, transported or sold.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 54

Regulation (EC) No 1224/2009
Article 65

A consumer acquiring products not exceeding 530 kg of fishery product per consumer per day which is not thereafter placed on the market but used only for private consumption, shall be exempted from the provisions laid down in Articles 62 and 64.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 56

Regulation (EC) No 1224/2009
Article 68 – paragraph 4 – point b

(b) the unique fishing trip identifier(s), as referred to in Article 14(2)(a);

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 59 – point b

Regulation (EC) No 1224/2009
Article 73 – paragraph 4

“4. In the event control observers notice a serious infringement, ~~including the act of obstructing or otherwise preventing the performance by control observers of their duties,~~ they shall inform without delay the competent authorities of the flag Member State.”

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 59 – point c

Regulation (EC) No 1224/2009
Article 73 – paragraph 9 – point e

(e) measures to ensure independence of control observers ~~including modalities of their remuneration~~;

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 60

Regulation (EC) No 1224/2009
Article 74 – paragraph 3 – point f

(f) ~~the use of CCTVs and other electronic monitoring devices~~CCTV functioning;

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 60

Regulation (EC) No 1224/2009
Article 79 – paragraph 3

3. Union inspectors may be assigned ~~in particular~~ for:

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 89a – paragraph 1

1. Member States shall ensure that a natural person having committed or a legal person held liable for infringements of rules of common fisheries policy is punishable by effective, proportionate and dissuasive ~~administrative~~ sanctions.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 90 – paragraph 2 – point a

~~(a) fishing without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State; or~~deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 90 – paragraph 2 – point d

~~(d) obstructing the work of officials or observers, in the exercise of their duties; or~~deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 90 – paragraph 2 – point n

(n) not transmitting a landing declaration or a sales note to the flag Member State when the landing of the catch has taken place in the port of a third country, or a transhipment declaration or a transfer declaration, when the operation has taken place outside the Union waters; ordeleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 90 – paragraph 3 – point e

(e) failing to bring and retain on board the fishing vessel, including through slipping, and to ~~tranship, transfer and~~ land any undersized catches in contravention of the legislation in force or catches of species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, unless the bringing and retention on board and the landing of such catches would be contrary to obligations including for regional fisheries management organisation areas or subject to exemptions provided for in the rules of the common fisheries policy in fisheries or fishing zones where such rules apply; or

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 90 – paragraph 3 – point h

~~(h) conducting recreational fishing activities in breach of rules of the common fisheries policy or selling of catches from recreational fisheries; or~~deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 90 – paragraph 3 – point i a (new)

(ia) fishing without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State;

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 90 – paragraph 3 – point i b (new)

(ib) obstructing the work of officials or observers in the exercise of their duties;

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 90 – paragraph 3 – point i c (new)

(ic) not transmitting a landing declaration or a sales note to the flag Member State when the landing of the catch has taken place in the port of a third country, or a transhipment declaration or a transfer declaration, when the operation has taken place outside Union waters.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 91a–paragraph 1

(1) Without prejudice to other sanctions applied in accordance with this Regulation and national law, in case of established serious infringement where the serious infringement has lead to obtaining fishery products, Member States shall impose ~~fines for which:~~appropriate fines.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 91a–paragraph 1 – indent 1

~~– the minimum shall be at least three times the value of the fishery products obtained by committing the serious infringement, an~~deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 91a–paragraph 1 – indent 2

~~– the maximum shall be at least five times the value of the fishery products obtained by committing the serious infringement.~~deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 91a–paragraph 2

2. In case of any repeated serious infringement where the serious infringement leads to obtaining fishery products within a three-year period, the Member States shall impose fin~~es for which:~~creased fines.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 91a–paragraph 2 – indent 1

~~– the minimum shall be at least five times the value of the fishery products obtained by committing the serious infringement, an~~deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 91a–paragraph 2 – indent 2

~~– the maximum shall be at least eight times the value of the fishery products obtained by committing the serious infringement.~~deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 92–paragraph 1

1. Member States shall apply a point system for infringements referred to in Article 90, except for serious infringements referred to in paragraph 12 points (k) and (p) and in paragraph ~~(2)~~3 points (g) and (h) of that Article.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 92–paragraph 6

(6) When the total number of points equals or exceeds 18 points, the fishing licence and/or the right to command a fishing vessel shall be automatically suspended for a period of at least two months. That period shall be four months if the suspension is occurring a second time and the points equals or exceeds 36 points, eight months if the suspension is occurring a third time and the number of points equals or exceeds 54 points and one year if the suspension is occurring a fourth time and the number of points equals or exceeds 72 points. In case the suspension is occurring for a fifth time and the number of points equals or exceeds 90 points, the fishing licence shall be permanently withdrawn and the fishing vessel shall not be used anymore for commercial exploitation of marine biological resources.deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 92–paragraph 7

7. The accumulation of 90 points by the holder of a fishing license or a master shall trigger automatically the permanent withdrawal of the fishing licence or of the right to command a fishing vessel as a master.deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 92 – paragraph 13 – point a

~~(a) the amendment of the threshold of points triggering the suspension and permanent withdrawal of a fishing licence or of the right to command a fishing vessel as a master;~~deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 92 – paragraph 13 – point b

~~(b) the follow-up of suspension and permanent withdrawal of a fishing licence or of a right from exercising fishing activity as a master;~~deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 69

Regulation (EC) No 1224/2009
Article 92 – paragraph 14 – point c

~~(c) the deletion of fishing licences or of the right to command a fishing vessel as a master, for the person responsible for serious infringements from relevant lists;~~deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 74 – point a

Regulation (EC) No 1224/2009
Article 105 – paragraph 2 – subparagraph 1 – introductory sentence

In the case of an overfishing of a quota, allocation or share of a stock or a group of stocks available to a Member State in a given year, the Commission shall, by means of implementing acts, operate deductions in the following year or, depending on the seriousness of the infringement, in subsequent years from the annual quota or annual fishing effort, allocation or share of the Member State which has overfished by applying a multiplying factor according to the following table:”

2019/02/07
Committee: PECH

Proposal for a regulation
Article 1 – paragraph 1 – point 78

Regulation (EC) No 1224/2009
Article 110 – paragraph 1 – point d

~~(d) the national register of infringements as referred to in Article 93.~~deleted

2019/02/07
Committee: PECH

Proposal for a regulation
Article 2 – paragraph 1

Regulation (EC) No 768/2005
Article 1

1. This Regulation establishes a European Fisheries Control Agency ('the Agency') for the purpose of ensuring a high, uniform and effective level of control and compliance with the rules of the Common Fisheries Policy, including its external dimension, and the operational coordination of fisheries control.

2019/02/07
Committee: PECH

Proposal for a regulation
Article 2 – paragraph 2 – point c

Regulation (EC) No 768/2005
Article 3 – point k

(k) to assist the Commission in the performance of tasks assigned to the Commission in legislative acts of the Union with regard to the objectives of the Agency, without calling the Agency’s independence into question.

2019/02/07
Committee: PECH