[ParlTrack]

Proposal for a regulation
Recital 11 a (new)

(11a) Considering the increasing economic activity of “charter vessels”, used to bring recreational fishers at sea to fish, a definition of such vessels should be included in the Regulation.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Recital 17

(17) The absence of catch reporting obligations by masters of vessels less than 10 metres'’ length led to incomplete and unreliable data for such vessels as the data collection for those vessels was based on sampling plans. Therefore it is important to require reporting of catches for all fishing vessels ~~without regard to their size. In this way the rules will also be simplified and compliance and controls will be improved~~.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Recital 17 a (new)

(17a) For vessels under 10 metres’ length , taking into consideration that in many cases the crew in these vessels is composed of only one person on board, the reporting of catches should not imply a disproportionate burden for the operator sand reporting should take place after landing. Member States should enable the use of electronic devices and methods for reporting, such as electronic logbooks, electronic scaling and reporting devices installed in ports, or other such methods.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Recital 27

(27) Provisions concerning the verification of the tonnage of fishing vessels for the purposes of fishing capacity controls should be simplified and provisions concerning the verification of engine power should be clarified. If fishing vessels equipped with active fishing gears operate, in waters under fishing effort management, with engines that exceed the engine power stated in their registration, it is impossible to ensure compliance ~~with the capacity ceilings laid down in Regulation (EU) No 1380/2013~~and reach the objectives of the management plans. Therefore it is important to effectively control the engine power of fishing vessels equipped with active fishing gears, using devices which continuously monitor the engine power.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Recital 31 a (new)

(31a) Member States should give priority to electronic registration or licensing and catches data collection systems for recreational fishing.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Recital 55

(55) The data collected by Member States is also of great value for scientific purposes. It should be clarified that scientific bodies of Member States and Union scientific bodies may be provided access to the data collected in accordance with Regulation (EC) No 1224/2009 , in particular to vessel position data and fishing activity data. Finally, the fishing activity data collected by Member States is also of value for the statistical office of the European Union (Eurostat) who can use it. The data provided to the scientific bodies should be limited to vessel position data and fishing activity data, and should not include, under no circumstances, any personal data regarding the legal or natural person. Finally, the same data provided to scientific bodies regarding fishing activity may also be shared with Eurostat in order to provide statistics on European Union fisheries.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Recital 68 – introductory part

(68) It should be ensured that the obligations concerning personal data protection laid down in Regulation (EU) 2018/XX are respected by the ~~Agency~~EFCA in the framework of data processing and exchange. Representatives of Union institutions should take part in the meeting of the Administrative Board of the Agency. Two representatives of the European Parliament, appointed in line with the principle of gender equality, should take part in the meeting of the Administrative Board of the EFCA, in particular when the Board is approving the budget. Those representatives are to be appointed in accordance with procedures laid down by Parliament.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Recital 68 – subparagraph 2

~~Representatives of Union institutions should have the possibility to take part in the meeting of the Administrative Board of the Agency.~~deleted

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point i a (new)

Regulation (EC) No 1224/2009
Article 4 – point 28 a (new)

28a. “recreational fishing charter vessels” means a skippered boat or vessel taking passengers at sea to fish recreationally’

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 6

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

3. By way of derogation from paragraph 2, masters of Union fishing vessels below 120 metres’ length overall may carry on board a mobile device which allows the vessel to be automatically located and identified by a vessel monitoring system through recording and transmitting vessel position data at regular intervals. In case the device is not within reach of a mobile network, the vessel position data shall be recorded during that period of time and shall be transmitted as soon as the vessel is in reach of such network and at the latest before entering port.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 6

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

3a. The obligation expressed in paragraph 3 shall apply from four years after the date of entry into force of this Regulation.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 6

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

3b. Member States shall use funds provided through the EMFF to facilitate the implementation of the obligations laid down in paragraph 3.

2019/02/07
Committee: PECH

Norica NICOLAI

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

Regulation (EC) No 1224/2009
Article 14 – paragraph 5 – point b – point iv

(iv) the date and time of the completion of fishing operations using the static gear, which will be calculated as the moment all the gear is retracted into the boat;

2019/02/07
Committee: PECH

Norica NICOLAI

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

Regulation (EC) No 1224/2009
Article 15 – paragraph 1

1. Masters of Union catching vessels of 120 metres’ length overall or more shall submit by electronic means the information referred to in Article 14 to the competent authority of their flag Member State:

2019/02/07
Committee: PECH

Norica NICOLAI

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

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

2. Masters of Union catching vessels of less than 120 metres’ length overall shall submit by electronic means the information referred to in Article 14, to the competent authority of their flag Member State after the la~~st fishing operation has been completed and before entering port~~nding.

2019/02/07
Committee: PECH

Norica NICOLAI

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

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

2c. The obligation expressed in paragraph 2 shall apply from four years after the date of entry into force of this Regulation.

2019/02/07
Committee: PECH

Norica NICOLAI

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

Regulation (EC) No 1224/2009
Article 15 – paragraph 5 a (new)

5a. Member States shall use the funds provided through the EMFF to facilitate the implementation of electronic catch reporting devices and methods.

2019/02/07
Committee: PECH

Norica NICOLAI

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

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

2. The electronic transhipment declaration referred to in paragraph 1 shall contain at least the following information:

2019/02/07
Committee: PECH

Norica NICOLAI

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

Regulation (EC) No 1224/2009
Article 23 – paragraph 2

2. The electronic landing declaration referred to in paragraph 1 shall contain at least the following information:

2019/02/07
Committee: PECH

Norica NICOLAI

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,~~, the Member States shall deploy observers on board vessels, above 10 metres’ length, flying their flag to monitor compliance with the landing obligation. The cost of such deployment shall not be borne by the operators. As an alternative to the deployment of observers, the Member States may, on the same shcal~~l be equipped with continuously recording Closed-Circuit Television (CCTV) systems~~e, require the use of electronic monitoring systems, such as fishing activity sensors or catch-mass estimation sensors, inc or~~porating data storage~~der to estimate the difference between the weight of the catch and the weight of the products landed.

2019/02/07
Committee: PECH

Norica NICOLAI

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 system~~options referred to in paragraph 1, Member States may require the use of other electronic monitoring systems for the purpose of controlling the landing obligation, including CCTV cameras.

2019/02/07
Committee: PECH

Norica NICOLAI

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~~delegated 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 systems.

2019/02/07
Committee: PECH

Norica NICOLAI

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

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

4a. The data recorded under a CCTV system is owned by the legal or natural person holding the fishing licence and shall be available for at least 12 months.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 1224/2009
Article 33 – paragraph 6

6. Catches taken in the framework of scientific research ~~which ar~~shall not be marketed and sold including, where appropriate, those below the applicable minimum conservation reference size, shall be recorded by the Member States and the data on such catches shall be submitted to the Commission. They shall be counted against the quota applicable to the flag Member State insofar as they exceed 2 % of the quotas concerned. This paragraph shall not apply to catches taken during research surveys at sea as referred to in Article 5(1)(b) of Regulation (EU) 2017/1004 of the European Parliament and of the Council (*).

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 27

Regulation (EC) No 1224/2009
Article 33 – paragraph 6 b (new)

6b. Catches taken in the framework of scientific research may be donated to social projects including providing food for homeless people.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point b

Regulation (EC) No 1224/2009
Article 37 – paragraph 4

“4. The Commission shall lay down, by means of ~~implementing~~delegated acts :

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 33

Regulation (EC) No 1224/2009
Article 38 – paragraph 1

“1. For fish stocks under fishing effort management plans, Member States shall be responsible for carrying out the necessary checks in order to ensure that the total capacity corresponding to the fishing licences issued by a Member State, in GT and in kW, shall at any moment not be higher than the maximum capacity levels for that Member State established in accordance with Article 22 of Regulation (EU) No 1380/2013.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 33

Regulation (EC) No 1224/2009
Article 38 – paragraph 2a (new)

2a. Member States shall inform the EFCA and the Commission as part of the report referred to in article 118 of the check methods used, together with the names and addresses of the bodies responsible for carrying out the verifications referred to in paragraph 1 of this Article.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 35

Regulation (EC) No 1224/2009
Article 39a – paragraph 1

1. For fish stocks under fishing effort management plans, Member States shall ensure that vessels using the following active fishing gears: trawls, seines and surrounding nets, are equipped with permanently installed devices that measure and record engine power in cases where:

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 36

Regulation (EC) No 1224/2009
Article 40 – paragraph 6

6. The Commission may, by means of implementing acts, lay down detailed rules concerning the certification of propulsion engine power. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).deleted

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 37

Regulation (EC) No 1224/2009
Article 41 – paragraph 1

IFor vessels fishing under fishing effort management plans, in cases where there are indications from data collected such as vessel position data, fishing logbook data, or continuous measurement of propulsive engine power, that the engine power of a fishing vessel is greater than the power stated established in the fishing licence, or in the Union or national fleet register, Member States shall proceed to a physical verification of the engine power.

2019/02/07
Committee: PECH

Norica NICOLAI

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

Regulation (EC) No 1224/2009
Article 55 – paragraph 1 – subparagraph 2 – point b

(b) collect data on catches from such fisheries through catch reporting or other data collection mechanisms, giving priority to electronic reporting, based on a methodology which shall be notified to the Commission.

2019/02/07
Committee: PECH

Norica NICOLAI

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

Regulation (EC) No 1224/2009
Article 55 – paragraph 2a (new)

2a. With regard to paragraphs 1 and 2, licencing or registration should be done by Member States free of charge or, where applicable, the funds should be used for improving data collection on the social-economic impact and stock impact of recreational fishing.

2019/02/07
Committee: PECH

Norica NICOLAI

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

Regulation (EC) No 1224/2009
Article 55 – paragraph 5

5. TAs regards stocks, groups of stocks and species that are subject to Union conservation measures applicable to recreational fisheries the Commission may, by way of ~~implementing~~delegated acts, adopt detailed rules concerning:

2019/02/07
Committee: PECH

Norica NICOLAI

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

Regulation (EC) No 1224/2009
Article 55 – paragraph 5 – point d

(d) the control and marking of gears, except rods, used for recreational fisheries.

2019/02/07
Committee: PECH

Norica NICOLAI

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

Regulation (EC) No 1224/2009
Article 57 – paragraph 3

3. Operators at all stages of the supply chain responsible for purchasing, selling, stocking or transporting lots of fishery and aquaculture products shall be able to prove that the products comply with the ~~minimum~~common marketing standards.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 50

Regulation (EC) No 1224/2009
Article 60a – paragraph 2 – point b

~~(b) the ports of weighing;~~deleted

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 50

Regulation (EC) No 1224/2009
Article 60a – paragraph 2 – point f

~~(f) publically-operated weighing facilities;~~deleted

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 50

Regulation (EC) No 1224/2009
Article 60a – paragraph 2 – point g

~~(g) privately-operated weighing facilities;~~deleted

2019/02/07
Committee: PECH

Norica NICOLAI

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

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

9. The Commission, isn concert with the EFCA, shall be empowered to adopt delegated acts in accordance with Article 119a concerning:

2019/02/07
Committee: PECH

Norica NICOLAI

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

Regulation (EC) No 1224/2009
Article 73 – paragraph 9 – point f a (new)

(fa) the training material, training format and training standards for control observers from all Member States

2019/02/07
Committee: PECH

Norica NICOLAI

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

1. Officials shall draw up an inspection report after each inspection and a copy shall be handed to the master at the time of the inspection and the original shall forward it to their competent authorities. Data contained in this report shall be recorded and transmitted by electronic means. In the case of the inspection of a fishing vessel flying the flag of another Member State, a copy of the inspection report shall be sent by electronic means and without delay to the flag Member State.

2019/02/07
Committee: PECH

Norica NICOLAI

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

Regulation (EC) No 1224/2009
Article 76 – paragraph 3

3. A copy of the inspection report shall be sent as soon as possible to the operator ~~or to the master,~~ and in any case no later than 15 working days after the completion of the inspection.

2019/02/07
Committee: PECH

Norica NICOLAI

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~~not allowing the officials or observers to check all the elements described in Article 74, paragraph 3 of this Regulation, in the exercise of their duties; or

2019/02/07
Committee: PECH

Norica NICOLAI

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

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

(q) for vessels fishing for stocks under fishing effort management plans, manipulating an engine or continuous engine power monitoring devices with the aim of increasing the power of the vessel beyond the maximum continuous engine power according to the engine certificate.

2019/02/07
Committee: PECH

Norica NICOLAI

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 1(2) points (k) and (p) and in paragraph (23) points (g) and (h) of that Article.

2019/02/07
Committee: PECH

Norica NICOLAI

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

Regulation (EC) No 1224/2009
Article 92 – paragraph 8

8. If the holder of a fishing licence or the master does not commit a serious infringement within t~~hree~~wo years from the date of the committing of the last serious confirmed infringement, all points shall be deleted.

2019/02/07
Committee: PECH

Norica NICOLAI

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

~~13. The Commission is empowered to adopt~~ delegated acts in accordance with Article 119a concerning: (a) points triggering the suspension and permanent withdrawal of a fishing licence or of the right to command a fishing vessel as a master; (b) permanent withdrawal of a fishing licence or of a right from exercising fishing activity as a master; (c) illegal fishing activities during the suspension period or after the permanent withdrawal of a fishing licence or of a right from exercising fishing activity as a master; (d) conditions justifying the deletion of points; (e) the registration of masters authorized to exercise fishing activity.the amendment of the threshold of the follow-up of suspension and measures to be taken in case of

2019/02/07
Committee: PECH

Norica NICOLAI

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

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

The Commission shall, by means of ~~implementing~~delegated acts, lay down detailed rules concerning:

2019/02/07
Committee: PECH

Norica NICOLAI

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

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

~~(b) the transfer of the points when ownership of vessels for which points where assigned, is transferr~~deleted;

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 77 – point b

Regulation (EC) No 1224/2009
Article 109 – paragraph 5

5. If an inconsistency in the data has been identified, the Member State concerned shall undertake and document the necessary investigations, analyses and cross-checks. The results of the investigations and corresponding documentation shall be transmitted to the Commission on request. If there are reasons to suspect that an infringement has been committed, the Member State shall carry out investigations and, if the results of the investigation proves an infringement has occurred in accordance with Article 90 of this Regulation, take the necessary immediate measures in accordance with Articles 85 and 91.

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 80

Regulation (EC) No 1224/2009
Article 112 – paragraph 2 – point f

~~(f) preparation of, and compliance with international agreements and conservation measures;~~deleted

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 80

Regulation (EC) No 1224/2009
Article 112 – paragraph 2 – point g

~~(g) policy evaluations and impact assessments;~~deleted

2019/02/07
Committee: PECH

Norica NICOLAI

Proposal for a regulation
Article 1 – paragraph 1 – point 80

Regulation (EC) No 1224/2009
Article 112 – paragraph 2 – point h

~~(h) scientific research and scientific advice;~~deleted

2019/02/07
Committee: PECH

Norica NICOLAI