34 Amendments of Alain CADEC related to 2015/0289(COD)
Amendment 65 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The Commission should play a mediating role when the possibility of withdrawing, suspending or modifying a fishing authorisation is raised on account of evidence of serious threats to the exploitation of the resource.
Amendment 71 #
Proposal for a regulation
Recital 16
Recital 16
(16) A specific issue pertaining to sustainable fisheries partnership agreements is the reallocation of under- utilised fishing opportunities that occur when fishing opportunities allocated to Member States by the relevant Council Regulations are not fully used. Since the access costs set out in the sustainable fisheries partnership agreements are financed for a large part by the Union budget, a temporary reallocation system is important to preserve Union financial interests and ensure that no fishing opportunity which has been paid for is wasted. It is therefore necessary to clarify and improve the reallocation system, which should be a last resort mechanism. Its application should be temporary and it should not affect the initial allocation of fishing opportunities among Member States. R, which means that it will not damage relative stability. As a system of last resort, reallocation should only occur once the relevant Member States have given up on their rights to exchange fishing opportunities among themselves.
Amendment 81 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘fishing authorisation’ means an authorisation issued in respect of a Union fishing vessel or third country fishing vessel, entitling it to carry out specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;
Amendment 99 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) the operator and the fishing vessel haves not been subject to a sanction for a serious infringement according to 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 126 months prior to the application for the fishing authorisation;
Amendment 109 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. A flag Member State may only issue a fishing authorisation if it is satisfihas checked that, during the period that the vessel referred to in paragraph 1 operated under a third country flag:
Amendment 119 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. A flag Member State shall monitor at least once a year whether the conditions on the basis of which a fishing authorisation has been issued continue to be met during the period of validity of that authorisation.
Amendment 120 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. If a condition on the basis of which a fishing authorisation has been issued is no longer met, a flag Member State shall amend or withdraw the authorisation and immediately notify the operator, the secretariat of the RFMO or the third country and the Commission accordingly.
Amendment 122 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Upon a request from the Commission, aThe Commission may request that the flag Member State shall refuse, suspend or withdraw the authorisation in cases of overriding policy reasons pertainingserious threats to the sustainable exploitation, management and conservation of marine biological resources or the prevention or suppression of illegal, unreported or unregulated fishing, or in cases where the Union has decided to suspend or sever relations with the third country concerned. The Commission shall immediately inform the operator and the flag Member State accordingly. The refusal, suspension or withdrawal by the flag Member State shall apply only once 20 days have elapsed since the notification of the Commission’s request to the flag Member State. During the 20-day period referred to in the first paragraph, the Commission shall communicate to the operator and the flag Member State the reasons for the request, whether they be concerned with sustainable resource management or with preventing IUU fishing. During the 20-day period referred to in the first paragraph, the Commission, the operator and the flag Member State shall consult at the initiative of the Commission to ensure that the decision to refuse, withdraw or suspend a fishing authorisation is justified. The Commission shall conduct the monitoring in consultation with the flag Member State and the authority empowered to issue the authorisation and shall keep them informed regularly of the results of monitoring.
Amendment 131 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. If, after the 20-day period referred to in paragraph 5, the information available to the Commission leads it to conclude that serious threats as referred to in paragraph 5 exist and if the 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 authorisation and notify the flag Member State and the operator accordingly.
Amendment 156 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. If a third country informs the Commission that it has decided to issue, refuse, suspend or withdraw a fishing authorisation for a Union fishing vessel under the agreement, the Commission shall immediately inform the flag Member State accordingly, if possible by electronic means.
Amendment 157 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 159 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. During the sixth month of a specific year or halfwany other relevantrough the period of the implementation of a protocol to a sustainable fisheries partnership agreement, the Commission may identify unused fishing opportunities and inform the Member States benefiting from the corresponding shares of the allocation accordingly.
Amendment 160 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Within 120 days of receipt of this information from the Commission, the Member States referred to in paragraph 1 may:
Amendment 161 #
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) inform the Commission that they will use their fishing opportunities later in the year or the relevantin the last six months of the year or the second half of the period of implementation by providing a fishing plan with detailed information on the number of fishing authorisations requested, the estimated catches, zone and period of fishing; or
Amendment 162 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. If certain Member States have not informed the Commission of one of the actions referred to in paragraph 2 and, if as a result fishing opportunities remain unused, the Commission may, during the seventh month of a specific period or during a period of ten days after the end of the first half of the period of implementation of a protocol to a sustainable fisheries partnership agreement, launch a call for interest for the available unused fishing opportunities among the other Member States benefiting from a share of the allocation.
Amendment 163 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. If deemed necessary for the assessment of the request, the Commission may ask the Member States concerned for additional information about the number of fishing authorisations applied for, catch estimates, the zone and the fishing period.
Amendment 164 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. In the absence of any interest in the unused fishing opportunities by the Member States benefiting from a share of the allocation at the end of the ten-day period, the Commission may launch a call for interest to all Member States. A Member State may communicate its interest in the unused fishing opportunities under the conditions referred to in paragraph 4.
Amendment 165 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. On the basis of the information provided by Member States in accordance with paragraphs 4 or 5 and in close cooperation with the Member States concerned, the Commission shall reallocate the unused fishing opportunities on a temporary basis by applying the methodology set out in Article 14.
Amendment 167 #
Proposal for a regulation
Article 13 – paragraph 7 a (new)
Article 13 – paragraph 7 a (new)
7a. The reallocation shall be temporary, which means that it is to apply only during the stated period and that it can occur only once during that period.
Amendment 168 #
Proposal for a regulation
Article 13 – paragraph 7 b (new)
Article 13 – paragraph 7 b (new)
7b. The Commission shall inform the Member State whose fishing opportunities have been temporarily reallocated: – to which Member States the reallocation has been made; – of the quantities allocated to the Member States to which the reallocation has been made; and – of the allocation criteria used for the reallocation.
Amendment 193 #
Proposal for a regulation
Article 18 – paragraph 1 – point c – indent 2 – indent 1
Article 18 – paragraph 1 – point c – indent 2 – indent 1
– a scientific evaluation provided by the third country and/or by a regional fisheries management organisation; and/or a scientific institute recognised by the Commission or by a Member State
Amendment 199 #
Proposal for a regulation
Article 18 – paragraph 1 – point c – indent 2 – indent 2
Article 18 – paragraph 1 – point c – indent 2 – indent 2
– an examination of the latter by the flag Member State oin the basis of the assessment ofcooperation with its national scientific institute;
Amendment 202 #
Proposal for a regulation
Article 18 – paragraph 1 – point c – indent 3
Article 18 – paragraph 1 – point c – indent 3
– a copy of the third country’s fisheries legislation or a reference to the legislation of the third country applicable;
Amendment 210 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. If a third country informs the Commission that it has decided to issue, refuse, suspend or withdraw a direct authorisation to a Union fishing vessel, the Commission shall immediately inform the flag Member State accordingly, which shall inform the owner of the vessel.
Amendment 211 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. If a third country informs the flag Member State that it has decided to issue, refuse, suspend or withdraw a direct authorisation to a Union fishing vessel, the flag Member State shall immediately inform the Commission and the owner of the vessel accordingly.
Amendment 212 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
This Chapter shall apply to fishing activities carried out by Union fishing vessels on stocks under the auspices of a regional fisheries management organisation, in Union waters, on the high seas and in third country waters.
Amendment 213 #
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20a Application of the European Union’s international commitments in RFMOs In order to apply the union’s international commitments in RFMOs and in accordance with the objectives referred to in Article 28 of Regulation (EU) No 1380/2013, the Union shall encourage periodic assessments of performance by independent bodies, and shall play an active role in setting up and reinforcing implementation committees in all RFMOs to which it is a contracting party. It shall in particular ensure that these implementation committees perform general supervision of the implementation of the external fisheries policy and of the measures decided within the RFMO.
Amendment 228 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. A vessel chartered Union vesselin one of the Member States of the Union may not use the fishing opportunities of its flag Member State. The catches of a chartered vessel shall be counted against the fishing opportunities of the chartering State.
Amendment 230 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
If data are collected on board a Union fishing vessel under an observer programme in accordance with the legislation of the Union or of the RFMO, the operator of that vessel shall send these data to its flag Member State.
Amendment 231 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. TAfter a reminder from the third country to the operator or the owner of the vessel, the non-transmission of catch declarations and landing declarations to the third country referred to in paragraph 1 shall be considered a serious infringement for the purposes of applying the sanctions and other me, attested by non-receipt by the flag Member State of a copy of that transmission, shall be considered a serious infringement asu res provided for by the common fisheries policyferred to in Article 90 of Regulation No 1224/2009. The gravity of the infringement shall be determined by the competent authority of the Member State, taking into account criteria such as the nature of the damage, its value, the economic situation of the offender and the extent of the infringement or its repetition.
Amendment 239 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) the operator and the fishing vessel have not been subject to any sanction for a serious infringement according to 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 126 months before the application for the fishing authorisation;
Amendment 244 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The Commission may refuse, suspend or withdraw the authorisation in cases where a fundamental change of circumstances has occurred or in cases where overriding policy reasonserious threats pertaining inter alia to international standards of human rights or serious threats relating to the fight against illegal, unreported or unregulated fishing warrant such action or in cases where, for such or any other reason of overriding policyreason the Union has decided to suspend or sever relations with the third country concerned.
Amendment 254 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
To make a Union fishing authorisation register operational and to enable Member States to meet the technical transmission requirements, the Commission shall provide technical assistance to the Member States concerned. In order to do so, it shall help national authorities to forward the information that operators are required to supply for each type of authorisation and, within six months of the entry into force of this Regulation, develop an IT application for the Member States to enable them to transfer to the Union fishing authorisation register automatically and in real time data concerning applications for authorisations and the characteristics of vessels.
Amendment 255 #
Proposal for a regulation
Article 40 – paragraph 1 b (new)
Article 40 – paragraph 1 b (new)
For the technical and financial support for the transfer of information, Member States may draw on financial aid from the European Maritime and Fisheries Fund pursuant to Article 76(2)(a) of Regulation (EU) No 508/2014.