Procedure completed
Role | Committee | Rapporteur | Shadows |
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Opinion | DEVE | ||
Opinion | ENVI | ||
Opinion | INTA | VARELA SUANZES-CARPEGNA Daniel (PPE-DE) | |
Lead | PECH | AUBERT Marie-Hélène (Verts/ALE) |
Legal Basis EC Treaty (after Amsterdam) EC 037
Activites
- 2008/10/29 Final act published in Official Journal
- #2892
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2008/09/29
Council Meeting
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2008/09/29
End of procedure in Parliament
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2008/09/29
Act adopted by Council after consultation of Parliament
- 2008/06/05 Results of vote in Parliament
- 2008/06/04 Debate in Parliament
- 2008/05/23 Committee report tabled for plenary, 1st reading/single reading
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2008/05/19
Vote in committee, 1st reading/single reading
- #2862
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2008/04/14
Council Meeting
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2862
summary
The Council held a policy debate on a proposed regulation aimed at establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing. It requested that the permanent representatives committee oversee further work on the regulation, taking account of the remarks made by delegations.The debate focused on three questions:the scope of the regulation, and in particular whether it should apply to Community vessels, which are already subject to a comprehensive control regime, or only to third country vessels;the administrative burden that a proposed import certification procedure would entail, and possible alternative methods or measures to prevent imports of illegal, unreported and unregulated fish products;the suitability of proposed sanctions, and concerns that, for example, the proposed harmonisation could encroach upon Member States' legal prerogatives.
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2862
summary
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2007/12/11
Committee referral announced in Parliament, 1st reading/single reading
- #2834
- 2007/11/26 Council Meeting
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2007/10/17
Legislative proposal published
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COM(2007)0602
summary
PURPOSE: to establish a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (IUU).PROPOSED ACT: Council Regulation.BACKGROUND: to sustain fish stock and marine biodiversity unreported and unregulated fishing must be prevented, deterred and eliminated. Given that the EU has one of the largest fishing fleets in the world, it can play a pivotal role in helping to deter and prevent illegal, unreported and unregulated fishing. IUU fishing represents the theft of essential fisheries resources from those fishermen who do abide by the law. Accurate estimates regarding IUU activities are hard to obtain. Studies suggest, however, that the value of IUU fishing amounts to an annual worldwide turnover of EUR 10 billion. In comparison, the value of lawful landings by the EU fleet, in 2004, stood at EUR 6.8 billion. Huge profits can be made from IUU fishing given that the operating costs of firms involved in illegal fishing are lower; tax is often non-existent and the flouting of stringent provisions translates into reduced expenses. IUU activities act as a major contributor to over fishing. Typically, IUU fishing will target juveniles, which would otherwise be protected by rules on minimum sizes, as well as carrying out fishing during periods, or in areas, which are normally closed, thus jeopardising the renewal of the fish stocks concerned. For many developing coastal communities, fish resources play a major role in food security and poverty alleviation. Yet these countries often lack the means and capacity to manage and control the maritime waters under their jurisdiction. Unscrupulous illegal operators take advantage of this weakness to pursue fishing activities without authorisation as well as plundering resources which are vital to local fishermen. This is a major problem in Sub-Saharan Africa, where losses resulting from IUU fishing have been estimated at as much as EUR 800 million a year.Over the past ten years the Community has adopted a number of measures in a bid to prevent, deter and eliminate IUU fishing. The current EU policy is based largely on a 2002 Action Plan. The policy has brought significant progress. For example :The creation of new Regional Fisheries Management Organisations (RFMOs).The creation of an extensive array of new measures adopted within existing RFMOs that have reinforced control at seas and in ports.The adoption of black lists of IUU vessels.The creation of new “Partnership” Fisheries Agreements with developing countries that include stronger management and control provisions.The 2002 reform of the Common Fisheries Policy (CFP).Although some progress has been achieved over the past ten years the situation remains far from optimal. One of the main challenges has been the lack of administrative simplification. The Community is a member of a dozen RFMO organisations. Their provisions can vary substantially from one organisation to the other and are currently implemented into Community law via various Council Regulations. As a result the volume of Regional Fisheries Management Organisation’s (RFMO’s) provisions and the frequency of their adoption and revision make it hard to ensure a timely transposition in Community law. Further, the coexistence of diverse rules stemming from different legal orders creates confusion among Community operators and the Member States whilst benefiting those engaged in IUU fishing.CONTENT: for the reasons outlined above, the Commission is proposing this Regulation, the purpose of which is to establish a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing. To realise this objective, a system will be put in place that prevents IUU fishery products from entering the Community. The lynchpin of the system will be the application of “port control”. In future, all fisheries products imported into the EU, whether fresh, frozen or processed, will have to receive prior certification from the flag state (i.e. the country where the vessel which caught them is registered). Vessels wishing to land fish will have to prove that their products are legal and that the vessel concerned hold all the necessary licences, permits and quotas.Access to EU port facilities for third country vessels will be limited to a list of designated ports drawn up by each Member State. In addition, transhipments between third-country vessels and EU vessels will be banned at sea and only permitted in designated ports. The validated catch certificates provided by the flag state would then have to accompany the fisheries products throughout the market chain. This will make it easy to verify that fish products have been caught legally, even if they pass through a number of territories before arriving in the EU market, including possible processing along the way.To deter IUU operators and complaisant States from involvement with IUU fishing, the Commission proposes a European “black listing” mechanism. Fisheries relations, including trade fisheries products, between EU Member States and non-cooperating states would effectively be banned. In both cases, the listing procedures would include safeguards and appeal mechanisms to ensure that vessels and States listed receive a fair hearing. On the matter of penalties, the proposed Regulation would strengthen the responsibility of the Member States to impose sanctions on their nationals who engage in, or support, IUU fishing outside of the EU. It would also lay down measures which would harmonise the maximum levels of sanctions to be applied by the Member States in relation to serious infringements to the rules of the CFP. These steps are considered vital given that IUU operators frequently consider low sanctions as mere “operational costs”.A further measure deemed essential in the fight against IUU activities is closer cooperation. The Commission, therefore, is proposing to that the “Community Fisheries Control Agency” plays a more pivotal role and to strengthen EU efforts in the international arena to develop control tools, consolidate the capacity of the RFMO’s and to provide support to developing states that helps reinforce their fisheries management and control capacities.
- DG {'url': 'http://ec.europa.eu/dgs/maritimeaffairs_fisheries/', 'title': 'Maritime Affairs and Fisheries'}, BORG Joe
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COM(2007)0602
summary
Documents
- Legislative proposal published: COM(2007)0602
- Debate in Council: 2834
- Debate in Council: 2862
- Committee report tabled for plenary, 1st reading/single reading: A6-0193/2008
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- : Regulation 2008/1005
- : OJ L 286 29.10.2008, p. 0001
- : Corrigendum to final act 32008R1005R(01)
- : OJ L 022 26.01.2011, p. 0008
Amendments | Dossier |
72 |
2007/0223(CNS)
2008/03/06
INTA
3 amendments...
Amendment 5 #
Proposal for a regulation Recital 2 a (new) (2a) In order to be compatible with WTO rules on non-discrimination and national treatment, nothing in this regulation should result in discriminatory treatment with respect to measures taken to combat IUU fishing.
Amendment 6 #
Proposal for a regulation Recital 34 (34) Cooperation, coordination and the exchange of good practices between Member States, the Commission, and with third states is essential to ensure that IUU fishing is properly investigated and that the measures laid down in the present Regulation can be applied; a system for mutual assistance shall be established to enhance such cooperation.
Amendment 7 #
Proposal for a regulation Recital 37 (37) This regulation identifies IUU fishing as violations of applicable laws, rules or regulations of particular gravity, as they seriously undermine the attainment of the objectives of the violated rules and put the survival of fisheries operating legally, the sustainability sector and of the stocks concerned
source: PE-402.878
2008/04/24
PECH
69 amendments...
Amendment 10 #
Proposal for a regulation Article 1 - paragraph 3 3. The system shall apply to all IUU fishing activities and to all associated activities carried out
Amendment 11 #
Proposal for a regulation Article 2 – point a) a) "Fishing vessel" means any vessel of any size used or intended for use for the purposes of commercial exploitation of fishery resources, for refrigeration, freezing or processing on board or for transport, including support ships, carrier vessels, fish processing vessels and vessels engaged in transhipment;
Amendment 12 #
Proposal for a regulation Article 2 – point (h) (h) "Regional fisheries management organisation" means a subregional or regional organisation or arrangement with competence, as recognised under
Amendment 13 #
Proposal for a regulation Article 3 - paragraph 1 - point (g) (g) deliberately concealed, tampered with or deliberately disposed of evidence relating to an investigation, or
Amendment 14 #
Proposal for a regulation Article 3 - paragraph 1 - point (h) (h) demonstrably obstructed the work of fisheries inspectors in the exercise of their duties in inspecting for compliance with the
Amendment 15 #
Proposal for a regulation Article 3 – paragraph 1 – point j) (j)
Amendment 16 #
Proposal for a regulation Article 3 – paragraph 2 – point (a) (a) carried out fishing activities in the area of a Regional Fisheries Management Organisation in a manner inconsistent with or in contravention of the conservation and management measures of that organisation
Amendment 17 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1a. Access to ports of Member States, the provision of port services, and the conduct of landing, transhipment or on-board processing operations in such ports shall be prohibited for third country fishing vessels that are included on the Community list of IUU fishing vessels pursuant to Articles 26 and 29.
Amendment 18 #
Proposal for a regulation Article 4 – paragraph 2 2.
Amendment 19 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2a. In cases of force majeure or distress, fishing vessels referred to in paragraphs 1 a and 2 may access Member State ports to avail themselves of port services and the measures that are strictly necessary to deal with the emergency.
Amendment 20 #
Proposal for a regulation Article 4 – paragraph 3 3.
Amendment 21 #
Proposal for a regulation Article 4 – paragraph 4 4. Vessels flying the flag of a Member State shall not be authorised to tranship at sea tuna catches from third country fishing vessels outside Community waters.
Amendment 22 #
Proposal for a regulation Article 5 – paragraph 1 1. Member States shall designate
Amendment 23 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1.
Amendment 24 #
Proposal for a regulation Article 6 – paragraph 1 – point g a) (new) ga) quantities to be unloaded or transhipped.
Amendment 25 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 26 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 27 #
Proposal for a regulation Article 7 – paragraph 4 4. By way of derogation to paragraphs 2 and 3 the port Member State may authorise port access and all or part of a landing in cases where the information referred to in paragraph 1 is not complete or its verification is pending, but shall in such cases keep the deep-frozen fish concerned in storage under the control of the competent authorities. The fish shall only be released to be sold, taken over or transported once the information referred to in paragraph 1 has been received or the verification process is completed. If this process is not completed within 14 days of the landing, the port Member State may confiscate and dispose of the fish in accordance with national rules.
Amendment 28 #
Proposal for a regulation Article 7 – paragraph 4 4. By way of derogation to paragraphs 2 and 3 the port Member State may authorise port access and all or part of a landing in cases where the information referred to in paragraph 1 is not complete or its verification is pending, but shall in such
Amendment 29 #
Proposal for a regulation Article 7 – paragraph 4 a (new) 4a. If the fish referred to in Article 7(4) is fresh, the fish shall be sold through the regular channels. The competent authorities shall retain control over the proceeds from this sale until the period referred to in Article 7(4) has elapsed.
Amendment 30 #
Proposal for a regulation Article 9 – paragraph 1 1. Member States shall carry out inspections in their ports of a
Amendment 31 #
Proposal for a regulation Article 9 – paragraph 2 – point d) d) fishing vessels appearing in a list of presumed IUU vessels adopted by a Regional Fisheries Management Organisation notified in accordance with Article 29 which have not yet been included in the Community list of IUU fishing vessels referred to in Article 26.
Amendment 32 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3a. These inspections shall comply with the rules and objectives previously laid down by the Commission and be uniformly conducted and implemented in the various Member States. Each Member State shall create its database, on the basis of requirements supplied by the Commission, in which all inspections carried out on its territory shall be recorded. The Member States shall grant the Commission access to their databases on request.
Amendment 33 #
Proposal for a regulation Article 10 Amendment 34 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part 1. If
Amendment 35 #
Proposal for a regulation Article 12 – paragraph 1 – point a) a) note the presumed infringement in the inspection report;
Amendment 36 #
Proposal for a regulation Article 12 – paragraph 1 – point a a (new) (aa) halt landing, transhipment or on- board processing operations;
Amendment 37 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 38 #
Proposal for a regulation Article 13 – paragraph 2 Amendment 39 #
Proposal for a regulation Article 14 – paragraph 1 Amendment 40 #
Proposal for a regulation Article 15 – paragraph 2 – point (a) (a) a
Amendment 41 #
Proposal for a regulation Article 18 – paragraph 4 4. Any natural or legal person shall have the right to appeal against decisions taken by the competent authorities pursuant to paragraph 1 or 2 which concern him directly and individually. The right of appeal shall be exercised according to the provisions in force in the Member State concerned.
Amendment 42 #
Proposal for a regulation Article 20 Amendment 43 #
Proposal for a regulation Article 23 – paragraph 3 – point b) b) advise the flag state
Amendment 44 #
Proposal for a regulation Article 23 – paragraph 4 – point b) b) advise the flag state
Amendment 45 #
Proposal for a regulation Article 24 – title Article 24 –
Amendment 46 #
Proposal for a regulation Article 24 – paragraph 1 – point b a) (new) (ba) Information on the sanctions and fines imposed on IUU vessels.
Amendment 47 #
Proposal for a regulation Article 25 – title Article 25 –
Amendment 48 #
Proposal for a regulation Article 25 – paragraph 2 – point -a (new) -a) provide the information compiled by the Commission on the alleged IUU fishing activities, and a detailed statement of the reasons justifying inclusion in the Community list of IUU fishing vessels;
Amendment 49 #
Proposal for a regulation Article 25 – paragraph 2 – point c) c) notify the owner or, where appropriate, the operator of the vessels of the consequences which would result should the vessel be included in the European Community IUU Vessels List, as laid down in Article 36. Flag states shall also be requested to provide information to the Commission as to the vessel's owners or, where appropriate, operators so as to ensure that such persons can be heard
Amendment 50 #
Proposal for a regulation Article 26 – paragraph 1 a (new) 1a. The Commission shall notify the flag state of a vessel’s inclusion in the European Community IUU vessel list and shall inform it in detail of the reasons for that vessel’s inclusion in the list.
Amendment 51 #
Proposal for a regulation Article 26 – paragraph 4 a (new) 4a. Where one of an owner’s vessels has been included in an IUU list, a detailed inspection shall be carried out on all that owner's vessels.
Amendment 52 #
Proposal for a regulation Article 28 – paragraph 1 – point (h) (h) date of first inclusion on the EU IUU Vessel List and, if applicable, date of first inclusion on the IUU vessel list of one or more RFMOs;
Amendment 53 #
Proposal for a regulation Article 28 - paragraph 1 - point (i) a (new) (ia) the technical specifications of the vessel concerned.
Amendment 54 #
Proposal for a regulation Article 28 – paragraph 2 2. The Commission shall publish the European Community IUU vessels list in the Official Journal of the European Union and shall take any measure necessary to ensure publicity of the European Community IUU vessels list, including by placing it on the DG Fisheries website.
Amendment 55 #
Proposal for a regulation Article 30 – paragraph 1 1. The Commission, in accordance with the procedure established in Article 52, shall identify the third states that it considers as non-cooperating states in fighting IUU fishing activities, on the basis of clear, transparent and objective criteria.
Amendment 56 #
Proposal for a regulation Article 30 – paragraph 5 – point (d) (d) for developing countries which have been designated as such, the existing capacity of their competent authorities.
Amendment 57 #
Proposal for a regulation Article 30 – paragraph 6 – point b (a) (new) (ba) whether the state concerned has ever been the subject of trade restrictive measures for fishery products adopted by an RFMO;
Amendment 58 #
Proposal for a regulation Article 30 – paragraph 7 7. Where appropriate, specific constraints of developing countries, in particular in respect to monitoring, control and surveillance of fishing activities, shall be duly taken into consideration in the implementation of this Article. The Commission shall, within three months of the entry into force of this Regulation, publish an analysis of its probable impact on developing countries and a proposal for the funding of specific programmes to support its implementation and eliminate possible negative impacts.
Amendment 59 #
Proposal for a regulation Article 34 The Commission shall publish the list of non-cooperating states in the Official Journal of the European Union and shall take any measure necessary to ensure publicity of th
Amendment 60 #
Proposal for a regulation Article 36 – point h (a) (new) (ha) Member States shall refuse to allow the export of a vessel flying their flag that is on the IUU list;
Amendment 61 #
Proposal for a regulation Article 36 – point j a) (new) (j-A) The Member States may not under any circumstances grant support or subsidies to IUU vessels.
Amendment 62 #
Proposal for a regulation Article 36 – point j (a) (new) (ja) Member States shall not grant public aid or subsidies to IUU vessels.
Amendment 63 #
Proposal for a regulation Article 37 – point h) h) Each Member State
Amendment 64 #
Proposal for a regulation Article 37 – point i) i) the Commission shall propose the denunciation of any standing bilateral fisheries agreement or fisheries partnership
Amendment 65 #
Proposal for a regulation Article 39 – paragraph 4 4. Without prejudice to other provisions laid down in Community law pertaining to public funds, Member States shall not grant any public aid under national aid regimes or under Community funds to operators involved in the operation, management or ownership of fishing vessels referred to in Article 26. Any public aid granted during the previous 12 months to a vessel subsequently included in the list referred to in Article 26 shall be recovered by the Member State concerned.
Amendment 66 #
Proposal for a regulation Article 41 – point a) a) the activities considered to constitute
Amendment 67 #
Proposal for a regulation Article 43 – paragraph 1 1. Member States shall ensure that a natural person having committed or a legal person found liable for a serious infringement is punishable by effective, proportionate and dissuasive sanctions, which shall include
Amendment 68 #
Proposal for a regulation Article 43 – paragraph 1 1. Member States shall ensure that a natural person having committed or a legal person found liable for a serious infringement is punishable by effective, proportionate and dissuasive sanctions, which shall
Amendment 69 #
Proposal for a regulation Article 43 – paragraph 1 1. Member States shall ensure that a natural person having committed or a legal person found liable for a serious infringement is punishable by effective, proportionate and dissuasive administrative sanctions, which shall include fines of a maximum of at least EUR 300 000 for natural persons and of at least EUR 500 000 for legal persons.
Amendment 70 #
Proposal for a regulation Article 43 – paragraph 2 2. Member States may apply a system whereby the fine is proportionate to the prejudice caused to the fishery resources or the marine environment concerned, to the financial advantage achieved or envisaged by the commission of an offence, or to any other value indicating the financial situation of the natural or legal person, provided that such system allows for maximum fines
Amendment 71 #
Proposal for a regulation Article 43 – paragraph 2 a (new) 2a. The Member States may also opt for penal sanctions provided that the amount of such sanctions is at least equivalent to that of the administrative sanctions.
Amendment 72 #
Proposal for a regulation Article 45 – point f) f) the temporary
Amendment 73 #
Proposal for a regulation Article 45 – point g) g) temporary
Amendment 74 #
Proposal for a regulation Article 45 – point g (a) (new) (ga) The sanctions provided for in this Chapter shall be accompanied by other sanctions or measures, in particular a temporary ban for at least the duration of the programming period, or a permanent ban on access to public aid or subsidies.
Amendment 75 #
Proposal for a regulation Article 45 – point g (b) (new) (gb) The sanctions provided for in this Chapter shall be accompanied by other sanctions or measures, in particular the repayment of public aid or subsidies received by IUU vessels during the relevant financial period.
Amendment 76 #
Proposal for a regulation Article 53 – paragraph -1 (new) -1. During the first year following the entry into force of this Regulation, six- monthly checks shall be carried out to determine Member States’ preparedness fully to comply with its provisions; should any instances of non-compliance be identified, the Member State(s) concerned shall be required to make the necessary adjustments.
Amendment 9 #
Proposal for a regulation Recital 3 a (new) (3a) The outermost regions of the European Union, described in Article 299 of the Treaty establishing the European Community and in Article 349 of the Treaty of Lisbon, require particular attention in the fight against illegal, unreported and unregulated fishing owing to the exceptional fragility of their ecosystems.
source: PE-404.673
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