2 Amendments of Peter van DALEN related to 2012/0158(COD)
Amendment 39 #
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 #
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)