Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | ENVI | MATSAKIS Marios (ALDE) | |
| Lead | PECH | FREITAS Duarte (PPE-DE) |
Legal Basis EC Treaty (after Amsterdam) EC 037
Activites
- 2008/07/30 Final act published in Official Journal
- #2884
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2008/07/15
Council Meeting
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2008/07/15
End of procedure in Parliament
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2008/07/15
Act adopted by Council after consultation of Parliament
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2008/06/05
Results of vote in Parliament
- Results of vote in Parliament
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T6-0246/2008
summary
The European Parliament adopted, by 579 votes to 35 with 13 abstentions, a legislative resolution amending the proposal for a Council regulation on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears. The report had been tabled for consideration in plenary by Duarte FREITAS (EPP-ED, PT) on behalf of the Committee on Fisheries. The main amendments - in the framework of the consultation procedure - are as follows:Depth limit: Parliament deleted from the recitals the sentences regarding a depth limit for the deployment of bottom gears of 1 000 m. Article 6 prohibiting the use of bottom gears at depths beyond 1 000 m of depth is also deleted. FAO guidelines: a new recital states that the Regulation takes account of international guidelines on the management of deep-sea fisheries in the high seas adopted by the Food and Agriculture Organisation of the United Nations (FAO). Should doubt arise over the interpretation of this Regulation, it should be interpreted in the light of the FAO guidelines.Scope: the Regulation shall apply to Community fishing vessels carrying out fishing activities with bottom gears in the high seas where these gears are in contact with the seabed in the normal course of fishing operations.Definitions: Parliament amended the definitions of 'vulnerable marine ecosystem' and 'bottom gears'. Applications for a special fishing permit: these must be accompanied by a detailed fishing plan specifying, inter alia: the targeted species and species likely to be taken as by-catch, and both the gears used and depths at which they will be deployed. It must also include the duration of activities. The duration of the special fishing permit shall not be longer than the fishing plan. Adverse impacts and vulnerable marine ecosystems: with regard to the application by competent authorities of precautionary criteria in the conduct of the assessment, Parliament deleted the following words:"in case of doubt on whether the adverse impacts are significant or not, they shall consider that the likely adverse impacts resulting from the scientific advice provided are significant." A new clause states that if there is substantial uncertainty about the presence of a vulnerable marine ecosystem, the area shall be designated as a vulnerable marine ecosystem until there is sufficient evidence to the contrary. The fishing vessel shall report any such encounter with a VME without delay to the competent authorities, which shall, in turn, report to the Commission and the Member States as soon as possible. The unforeseen encounters shall be registered on an electronic online mapping scheme in order to build up a permanent database of vulnerable marine ecosystems.Scientific observers: the provision on "observers" is renamed "scientific observers. The Commission's proposal had provided that each Member State shall assign scientific observers to the vessels to which a special fishing permit is issued. Parliament's amendment states that a representative sample of the vessels to which the Member States have issued a special fishing permit shall take a scientific observer on board. The total number of scientific observers shall be set by the Commission on a proposal from the Scientific, Technical and Economic Committee for Fisheries, in line with the zone and type of fishery. The scientific observers shall be taken on board in proportion to the number of vessels from each Member State which holds a special fishing permit. The Commission shall ensure a suitable rotation of scientific observers among the various vessels after each fishing trip.Furthermore, the scientific observers shall be independent of the vessels or companies which they are observing. They shall have no financial or beneficial interests in those vessels or companies. They shall have no record of serious criminal offences, and shall have a sufficient level of knowledge on deep sea fishing methods and on the target species and ecosystems.Review: the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation before 30 June 2009 (rather than 30 June 2010).
- 2008/06/04 Debate in Parliament
- 2008/05/14 Committee report tabled for plenary, 1st reading/single reading
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2008/05/06
Vote in committee, 1st reading/single reading
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2007/12/11
Committee referral announced in Parliament, 1st reading/single reading
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2007/10/17
Legislative proposal published
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COM(2007)0605
summary
PURPOSE: to protect vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears.PROPOSED ACT: Council Regulation.BACKGROUND: certain marine ecosystems such as seamounts, deep water corals and hydrothermal vents are threatened by fishing practices that can have destructive effects on the physical integrity of the habitat. Particularly pernicious are bottom fishing gears that can destroy deep water corals and sponges and with them the complex ecosystem they host and support. Although not all of these habitats have been fully explored and described yet, there is abundant scientific evidence proving their high value as biodiversity hotspots.The destruction of vulnerable marine ecosystems has become a sensitive issue and of particular concern in relation to areas of the high seas for which a regional fisheries management organisation has not been established to regulate fishing and its environmental impacts. The Community has already adopted measures to protect deep sea ecosystem in EU waters and has tabled proposals to the same effect in relevant Regional Fisheries Management Organisations – NEAFC and NAFO for the North Atlantic; SEAFO for the Southeast Atlantic; CCAML for the Antarctic ; and GFCM for the Mediterranean. All these measure have been transposed into Community law. A gap exists, however for the Southwest Atlantic for which no regional organisation exists – in spite of the fact that the Community has a sizeable fleet conducting bottom fishing in unregulated areas.CONTENT: the purpose of this proposal, therefore, is to help protect vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears by regulating the use of bottom fishing gears. The Regulation applies to Community fishing vessels carrying out fishing activities with bottom gears in the high seas and only to those vessels fishing in geographical areas not under the responsibility of a regional fisheries management organisation (RFMO) or for which a process for the establishment of such an organisation is currently underway. “Bottom gears” refers specifically to bottom trawls, dredgers, bottom-set gillnets, bottom-set longlines, pots and traps.In order to conduct fishing activities in areas not covered by an RFMO, fishing vessels must have a special fishing permit issued in accordance with the Regulation. Applications for a special fishing permit must be accompanied by a detailed fishing plan that sets out: the intended location of activities; the targeted species; the depth at which the gears will be deployed; and the configuration of the bathymetric profile of the seabed in the intended fishing grounds.The proposed Regulation states specifically that the use of bottom gears at depths beyond 1 000 m will be prohibited. In cases where, in the course of a fishing operation, a vessel encounters a vulnerable marine ecosystem, the fishing activity must cease immediately. The proposed Regulation also sets condition on “area closures”. Thus, Member States must identify those areas that will be closed to fishing with bottom gears. Should a technical failure occur to the satellite tracking device fitted on board a fishing vessel, then the master of the vessel will be required to report its geographical situation to the flag Member State every two hours.Failure to conform to the fishing plan will result in the loss of the special fishing permit issued to the fishing vessel concerned and any repeat instance of non-compliance will be deemed to be seriously infringing the Common Fisheries Policy. By 2010, the Commission will submit a report to the European Parliament and to the Council on the implementation of the Regulation, accompanied, if necessary by proposals for amendments.
- DG {'url': 'http://ec.europa.eu/dgs/maritimeaffairs_fisheries/', 'title': 'Maritime Affairs and Fisheries'}, BORG Joe
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COM(2007)0605
summary
Documents
- Legislative proposal published: COM(2007)0605
- Committee report tabled for plenary, 1st reading/single reading: A6-0183/2008
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T6-0246/2008
- : Regulation 2008/734
- : OJ L 201 30.07.2008, p. 0008
| Amendments | Dossier |
| 25 |
2007/0224(CNS)
2008/03/11
ENVI
11 amendments...
Amendment 11 #
Proposal for a regulation Article 4 – paragraph 2 2. The competent authorities shall issue a special fishing permit after having carried out an assessment on the potential impacts of the vessel's intended fishing activities and concluded that such activities are not likely to have significant adverse impacts on vulnerable marine ecosystems and the long-term sustainability of deep sea fish stocks.
Amendment 12 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3a. The assessments referred to in paragraph 2 shall be based on criteria harmonised at Community level and shall be reviewed by the Commission.
Amendment 13 #
Proposal for a regulation Article 6 The use of bottom gears
Amendment 14 #
Proposal for a regulation Article 7 – paragraph 1 1. Where, in the course of fishing operations, a fishing vessel encounters a vulnerable marine ecosystem, it shall immediately cease fishing, or refrain from engaging in fishing in the site concerned.
Amendment 15 #
Proposal for a regulation Article 7 – paragraph 1 1. Where, in the course of fishing operations, a fishing vessel encounters a vulnerable marine ecosystem, made evident for example by coral fragments in the haul of the net, it shall immediately cease fishing, or refrain from engaging in fishing in the site concerned. It shall resume operations only when it has reached an alternative site at a minimum distance of 5 nautical miles from the site of the encounter within the area foreseen in its fishing plan provided for in Article 4(1).
Amendment 16 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 17 #
Proposal for a regulation Article 7 – paragraph 2 a (new) 2a. If there is substantial uncertainty about the presence of a vulnerable marine ecosystem, the area should be designated as a vulnerable marine ecosystem until there is sufficient evidence to the contrary.
Amendment 18 #
Proposal for a regulation Article 7 – paragraph 3 3. The fishing vessel shall report
Amendment 19 #
Proposal for a regulation Article 7 – paragraph 3 3. The fishing vessel shall report each encounter to the competent authorities without delay, which shall, in turn, report to the Commission and the Member States as soon as possible, providing precise information on the nature, location, time and any other relevant circumstances of the encounter.
Amendment 20 #
Proposal for a regulation Article 7 – paragraph 4 a (new) 4a. The unforeseen encounters shall be registered on an electronic online mapping scheme in order to build up a permanent database of vulnerable marine ecosystems.
Amendment 21 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a. The Commission shall establish a list of areas for closure, indicating both confirmed sites and areas which are likely to contain VMEs, by the end of 2008.
source: PE-402.931
2008/04/10
PECH
14 amendments...
Amendment 17 #
Proposal for a regulation Recital 5 (5) By Resolution 61/105 of the General Assembly of the United Nations, adopted on 8 December 2006, the international community has agreed on the pressing need to adopt measures to protect vulnerable marine ecosystems from
Amendment 18 #
Proposal for a regulation Recital 10 (10) The identification of vulnerable marine ecosystems in areas not regulated by a regional fisheries management organisation is a work in progress and there is relatively limited scientific information in this respect.
Amendment 19 #
Proposal for a regulation Recital 12 a (new) (12a) This Regulation takes account of international guidelines on the management of deep-sea fisheries in the high seas adopted by the Food and Agriculture Organisation of the United Nations (FAO), in particular the definitions of 'vulnerable marine ecosystems' and 'significant adverse impacts', as well as their scope, and does not call into question the basic rules set out in these guidelines. When implementing this Regulation, due account should be taken of the FAO guidelines. Should doubt arise over the interpretation of this Regulation, it should be interpreted in the light of the FAO guidelines.
Amendment 20 #
Proposal for a regulation Recital 12 a (new) (12a) This Regulation takes account of international guidelines on the management of deep-sea fisheries in the high seas adopted by the Food and Agriculture Organisation of the United Nations (FAO), in particular the definitions of 'vulnerable marine ecosystems' and 'significant adverse impacts', as well as their scope, and does not call into question the basic rules set out in these guidelines. When implementing this Regulation, due account should be taken of the FAO guidelines. Should doubt arise over the interpretation of this Regulation, it should be interpreted in the light of the FAO guidelines.
Amendment 21 #
Proposal for a regulation Recital 12 a (new) (12a) This Regulation takes account of international guidelines on the management of deep-sea fisheries in the high seas adopted by the Food and Agriculture Organisation of the United Nations (FAO). Should doubt arise over the interpretation of this Regulation, it should be interpreted in the light of the FAO guidelines.
Amendment 22 #
Proposal for a regulation Article 1 - paragraph 1 1. This Regulation shall apply to Community fishing vessels carrying out fishing activities with bottom gears in the high seas where these gears are in contact with the seabed in the normal course of fishing operations.
Amendment 23 #
Proposal for a regulation Article 1 - paragraph 1 1. This Regulation shall apply to Community fishing vessels carrying out fishing activities with bottom gears in the high seas where they are in contact with the seabed in the normal course of fishing operations.
Amendment 24 #
Proposal for a regulation Article 4 - paragraph 1 - point b (b) the targeted species and species likely to be taken as by-catch,
Amendment 25 #
Proposal for a regulation Article 4 - paragraph 4 4. The competent authorities shall apply precautionary criteria in the conduct of the assessment referred to in paragraph 2.
Amendment 26 #
Proposal for a regulation Article 6 Amendment 27 #
Proposal for a regulation Article 7 - paragraph 1 1. Where, in spite of the measures taken in accordance with Article 4 of this Regulation, a scientific observer who has embarked in accordance with Article 12 obtains sufficient evidence that, in the course of fishing operations, a fishing vessel may have encounter
Amendment 29 #
Proposal for a regulation Article 12 - paragraph 1 1.
Amendment 30 #
Proposal for a regulation Article 14 The Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation before 30 June 20
source: PE-404.737
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