Procedure completed
2008/0216(CNS) Common Fisheries Policy (CFP): Community control system for ensuring compliance with the rules of the CFP
Lead committee dossier: PECH/6/69837
Legal Basis TFEU 043-p2
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | ENVI | MUSACCHIO Roberto (GUE/NGL) | |
| Lead | PECH | ROMEVA I RUEDA Raül (Verts/ALE) |
Legal Basis TFEU 043-p2
Subjects
Activites
- #2976
-
2009/11/20
Council Meeting
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2009/11/20
End of procedure in Parliament
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2009/11/20
Act adopted by Council after consultation of Parliament
- #2966
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2009/10/19
Council Meeting
- 2009/07/03 Final act published in Official Journal
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2009/04/22
Results of vote in Parliament
- Results of vote in Parliament
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T6-0255/2009
summary
The European Parliament adopted by 564 votes to 42 with 49 abstentions, a legislative resolution amending, under the consultation procedure, the proposal for a Council regulation establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy.The main amendments are as follows:Definition: Parliament defined "recreational fisheries" as non-commercial fishing activities exploiting living aquatic resources for recreation or sport and including, inter alia, recreational angling, sports fishing, sports tournaments and other forms of recreational fishing.Fishing activities with bottom gears: Members add that a list shall be drawn up of the gears referred to in this provision. VMS: an appropriate device must be installed by 1 July 2013 rather than 1 July 2012 for vessels exceeding 10 meters length and up to 15 meters length overall. Financial assistance for the installation of Vessel Monitoring System devices shall be eligible for funding under Regulation (ES) No 861/2006. Co-financing from the Community budget shall be at the rate of 80%.Logbook: the permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be 10% (rather than 5%, as proposed by the Commission).Financial assistance for the installation of electronic logbooks shall be eligible for funding under Regulation (ES) No 861/2006. Co-financing from the Community budget shall be at the rate of 80%.Electronic recording and transmission of logbook data: this will apply to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 1 July 2013 (rather than 2012)Prior notification: a new clause states that the competent authorities of the Member State whose port or landing facilities the master of a fishing vessel wishes to use, having made a request to do so at least 4 hours prior to the estimated time of arrival at the port shall, within 2 hours of receiving this request, give permission accordingly.Transhipment declaration: Parliament deleted the Commission’s discretion to may exempt certain categories of fishing vessels from the obligation laid down in the text. It also deleted the clause requiring the competent authorities shall assign a unique landing number (ULN) to the landing.Landing declaration: this must be given 6 hours after landing (rather than 2 hours). Again, the date of application for certain vessels is extended to 2013. Recording of catches and fishing effort: the data in electronic format shall be kept for a minimum of 10 years (rather than 3 years.)Parliament states that catches and discards should be deducted from the national quota. Transfer of unused quotas: a new article is inserted providing that if all or part of the quotas for a Member State will not be used during the year in which they were granted, these quotas may be used, that same year, by other Member States.Transhipments in port: this article is deleted.Designated ports: a new clause states that Member States may designate a port not meeting the criteria in order to avoid vessels having to sail for a distance greater than 50 miles to port.Registration of discards: the Commission shall consider a scheme to fit video-monitoring equipment for the purpose of ensuring compliance with this Regulation. Released fish in recreational fisheries shall not be considered to constitute discards or mortality for the purposes of the Regulation.Real time closure of fisheries: the whole of this section is deleted. Recreational fisheries: Recreational Fisheries conducted from a vessel in Community marine waters on a stock subject to a multiannual recovery plan may be evaluated by the Member State in whose waters they are conducted. Fishing with rod and reel from shore shall not be included. Within 2 years of the date of entry into force of the Regulation, Member States may estimate the impact of Recreational Fisheries conducted in their waters and submit the information to the Commission. The relevant Member State and the Commission, on the basis of the advice of the Scientific, Technical and Economic Committee for Fisheries, shall decide which Recreational Fisheries are having a significant impact on stocks. For those fisheries having a significant impact, the Member State concerned, in close cooperation with the Commission, shall develop a monitoring system that is able to accurately estimate the total recreational catches from each stock. Recreational Fisheries shall comply with the objectives of the Common Fisheries Policy.Where a Recreational Fishery is found to have a significant impact, catches shall be counted against the relevant quota of the flag Member State. The Member State may establish a share from such quota to be used exclusively for the purpose of that Recreational Fishery.Observers: the Commission should cover the cost of observation programmes, together with Member States. Sanctions for serious infringements: Member States shall ensure that operators found liable for a serious infringement of the rules of the Common Fisheries Policy are precluded from benefiting from the European Fisheries Fund, Fisheries Partnership Agreements and other public aid. The sanctions provided for shall be accompanied by other sanctions or measures, in particular the repayment of public assistance or subsidies received by IUU vessels during the financing period concerned.Penalty points system: as long as a holder of a fishing authorisation has been assigned penalty points, that holder shall be precluded from receiving Community subsidies and national public aid during that time.National registers of infringements: information on infringements committed and for which a conviction has been obtained by the fishing vessels and individuals in question will be available to the public via the public part of the website.Deduction of quotas: Members amended the multiplying factors applicable. They added that if the quota, allocation or share of a stock or a group of stocks allocated to a Member State does not exceed 100 tonnes, the reduction for exceeding the quota shall be applied in a linear manner and not by percentage, except for species covered by a multiannual plan. Parliament deleted the Commission’s powers to deduct quotas and refuse quota exchanges. It deleted the article on deduction of quotas for failure to comply with the objectives of the Common Fisheries Policy. Secure part of the website: third countries shall be provided with certain information for Community vessels that apply for licences to fish in their waters. The information shall be provided on condition that the third country guarantees in writing the confidentiality of the information. The transfer of personal data under this provision shall be deemed to comply with Article 26(1)(d) of Directive 95/46/EC.
- 2009/04/21 Debate in Parliament
- 2009/04/06 Committee report tabled for plenary, 1st reading/single reading
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2009/03/31
Vote in committee, 1st reading/single reading
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2008/12/18
Committee referral announced in Parliament, 1st reading/single reading
- #2904
- 2008/11/18 Council Meeting
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2008/11/14
Legislative proposal published
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COM(2008)0721
summary
PURPOSE: to establish a Community control system of the rules of the Common Fisheries Policy.PROPOSED ACT: Council Regulation.CONTENT: the cornerstone of the Common Fisheries Policy (CFP) is to limit and control catch volumes by setting total allowable catches (TACs) and national quotas coupled with technical rules and effort schemes. The European fisheries control policy is at the heart of the CFP, because its credibility depends on effective application of this control policy. Despite some progress, the control system continues to suffer from substantial shortcomings identified by both the European Commission1 and the European Court of Auditors (CoA). The current control system is inefficient, expensive and complex and does not produce the desired results. Accordingly, the Commission proposes a substantial reform of the control system underpinning the CFP. This initiative is a core priority for the Commission in the field of fisheries in 2008. The basic idea of the proposal is that an efficient control policy should be global and integrated and cover all facets of the problem, from net to plate.A new, common approach to control and inspection: although the level of compliance by fishing vessels with technical measures should not be ignored, greater attention needs to be paid to comprehensive monitoring of catches. In this context, it is, in particular, necessary to achieve:standardised, coordinated inspection activities and procedures at every link in the chain (at sea, in port, during transport and on marketing);general standards for specific control measures applicable to recovery and multiannual plans, marine protected areas and discards;introduction of a comprehensive traceability system;full use of modern technologies and efficient data validation systems in order to carry out systematic and comprehensive cross-checks of all relevant data;strategic programming, tactical targeting and sampling strategy; anduse of information that makes it possible to identify risks and to streamline control.A culture of compliance: in this context, it is necessary to focus on:simplification and streamlining of the legal framework;introduction of harmonised deterrent sanctions;introduction of a penalty point system for infringements committed by masters,operators or beneficial owners of a fishing licence;enforcement measures and accompanying sanctions;improved cooperation between Member States and with the Commission, including extension of the mandate of the Community Fisheries Control Agency (CFCA);a modern approach to transfers of data and exchanges of information, both between Member States and with the Commission or the CFCA via secure websites.Effective application of CFP rules: in order to ensure effective application of CFP rules, the capacity of the Commission to intervene proportionately to the level of non-compliance by the Member States should be strengthened. At the same time, the management capacity of the Commission should beenhanced. The proposals include:redefinition of the powers of Commission inspectors;action plans for Member States to improve their implementation if need be; powers for the Commission to rectify catch figures of Member States;closures of fisheries on the Commission’s initiative;more flexibility for the Commission to proceed with deductions from quotas in cases of poor quota management; andfinancial measures in cases of bad management SimplificationThe proposal will lead to simplification of the relevant legislation, together with improvements in the control system. Over the years the current CFP control policy has added layers of provisions, scattered across different regulations, some of them overlapping. One objective of this proposal is to bring clarity to the applicable control rules. However, control clearly remains a complex issue and a balance has to be found between the necessary obligations which have to be maintained and the need to clarify and reduce the administrative burden for the authorities and the private sector. In this context, simplification has different facets:- the system establishes a single ambitious framework laying down the principles governing all aspects of control, but leaving it to implementing regulations to establish detailed technical rules.- the system sets up a single framework applying to Community operators and public authorities by standardising the rules on inspection and control (including introducing harmonised sanctions), thereby contributing to establishment of a level playing field in the EU.
- DG {'url': 'http://ec.europa.eu/dgs/maritimeaffairs_fisheries/', 'title': 'Maritime Affairs and Fisheries'}, BORG Joe
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COM(2008)0721
summary
Documents
- Legislative proposal published: COM(2008)0721
- Debate in Council: 2904
- Committee report tabled for plenary, 1st reading/single reading: A6-0253/2009
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T6-0255/2009
- : Regulation 2009/1224
- : OJ L 343 22.12.2009, p. 0001
| Amendments | Dossier |
| 265 |
2008/0216(CNS)
2009/01/28
ENVI
6 amendments...
Amendment 10 #
Proposal for a regulation Article 53 – paragraph 3 3. By way of derogation from paragraph 1, Member States may permit fresh fish to be weighed after transport from the place of landing provided that the fish could not have been weighed on landing and
Amendment 11 #
Proposal for a regulation Article 82 – paragraph 6 a (new) 6a. The sanctions provided for in this Chapter shall be accompanied by other sanctions or measures, in particular the repayment of public assistance or subsidies received by IUU vessels during the financial period.
Amendment 12 #
Proposal for a regulation Article 85 – paragraph 3 a (new) 3a. Information on the fishing vessels and persons in question shall be made available to the public.
Amendment 7 #
Proposal for a regulation Article 17 – paragraph 4 4. The
source: PE-419.840
2009/03/10
PECH
259 amendments...
Amendment 100 #
Proposal for a regulation Article 14 – paragraph 3 3. The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on
Amendment 101 #
Proposal for a regulation Article 14 – paragraph 3 3. The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be
Amendment 102 #
Proposal for a regulation Article 14 – paragraph 3 3. The permitted margin of tolerance in estimates recorded in the logbook of the
Amendment 103 #
Proposal for a regulation Article 14 – paragraph 3 3. The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be
Amendment 104 #
Proposal for a regulation Article 14 – paragraph 3 3. The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be
Amendment 105 #
Proposal for a regulation Article 14 – paragraph 3 3. The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be
Amendment 106 #
Proposal for a regulation Article 15 – title Amendment 107 #
Proposal for a regulation Article 15 – paragraph 1 1. The master of a Community fishing vessel exceeding 1
Amendment 108 #
Proposal for a regulation Article 15 – paragraph 1 1. The master of a Community fishing vessel exceeding 1
Amendment 109 #
Proposal for a regulation Article 15 – paragraph 1 1. The master of a Community fishing vessel exceeding 10 meters length overall shall record by electronic means fisheries logbook information and shall send it by electronic means to the competent authority of the flag Member State at least once a day. This electronic logbook shall replace the requirement for a logbook under Article 14(1).
Amendment 110 #
Proposal for a regulation Article 15 – paragraph 2 2. Paragraph 1 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 1 January 2012.
Amendment 111 #
Proposal for a regulation Article 15 – paragraph 2 2. Paragraph 1 shall apply to Community fishing vessels exceeding
Amendment 112 #
Proposal for a regulation Article 15 – paragraph 2 – introductory wording 2. Paragraph 1 shall apply to Community fishing vessels exceeding 15 meters length a
Amendment 113 #
Proposal for a regulation Article 15 – paragraph 2 – point a a) operate exclusively within the territorial seas of the flag Member State,
Amendment 114 #
Proposal for a regulation Article 15 – paragraph 2 – point a a) operate exclusively within the
Amendment 115 #
Proposal for a regulation Article 15 – paragraph 2 a (new) 2a. Vessels with an overall length of 10-15 metres carrying fixed gear shall be exempt from the requirements of paragraphs 1 and 2 of this Article. The exemption shall not apply to vessels fishing under multiannual management and recovery plans which hold a fishing authorisation in accordance with paragraph 7.
Amendment 116 #
Proposal for a regulation Article 16 – paragraph 2 a (new) 2a. Member States may decide not to exempt any vessels from the requirements specified in Article 14.
Amendment 117 #
Proposal for a regulation Article 17 Amendment 118 #
Proposal for a regulation Article 17 – paragraph 1 – introductory wording 1. Where vessels are operating outside the national EEZs or where, having completed their fishing activities, they wish to land catches in ports which do not come under the jurisdiction of the vessel's flag state, and without prejudice to specific provisions contained in multiannual plans, masters of Community fishing vessels or their representatives shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 4 hours before the estimated time of arrival at the port, unless the competent authorities have given permission for an earlier entry, of the following information:
Amendment 119 #
Proposal for a regulation Article 17 – paragraph 1 – introductory wording 1.
Amendment 120 #
Proposal for a regulation Article 17 – paragraph 1 – introductory wording 1. Without prejudice to specific provisions contained in multiannual plans, masters of
Amendment 121 #
Proposal for a regulation Article 17 – paragraph 1 – point d d) dates of the fishing trip and the areas in which the catches were taken; the area shall be to the same level of detail as under Article 14(1).
Amendment 122 #
Proposal for a regulation Article 17 – paragraph 1 – point f f) the quantities of each species retained on board
Amendment 123 #
Proposal for a regulation Article 17 – paragraph 1 – point f f) the quantities of each species retained on board
Amendment 124 #
Proposal for a regulation Article 17 – paragraph 4 4. The Co
Amendment 125 #
Proposal for a regulation Article 17 – paragraph 4 a (new) 4a. The competent authorities of the Member State whose port or landing facilities the master of a fishing vessel wishes to use, having made a request to do so at least four hours prior to the estimated time of arrival at the port shall, within two hours of receiving this request, give permission accordingly.
Amendment 126 #
Proposal for a regulation Article 19 – paragraph 1 – introductory wording 1. The masters, or their representatives, of both the transhipping and the receiving vessel shall submit a transhipment declaration,
Amendment 127 #
Proposal for a regulation Article 19 – paragraph 1 – point b Amendment 128 #
Proposal for a regulation Article 19 – paragraph 3 3. The transhipment declaration shall indicate the quantity of fishery products by species that has been transhipped, the date and place of each catch, the names of the vessels involved and the ports of transhipment and destination. Masters of both the vessels involved shall be held responsible for the accuracy of such declarations. The area shall be to the same level of detail as under Article 14(1).
Amendment 129 #
Proposal for a regulation Article 19 – paragraph 4 Amendment 130 #
Proposal for a regulation Article 20 – paragraph 4 Amendment 131 #
Proposal for a regulation Article 21 – paragraph 2 2. Without prejudice to specific provisions contained in multiannual plans, the master or his representative of a Community fishing vessel exceeding 1
Amendment 132 #
Proposal for a regulation Article 21 – paragraph 2 Amendment 133 #
Proposal for a regulation Article 21 – paragraph 2 2. Without prejudice to specific provisions contained in multiannual plans, the master or his representative of a Community fishing vessel exceeding 10 meters length overall shall transmit landing declaration data by electronic means to the competent authorities of the flag Member State within
Amendment 134 #
Proposal for a regulation Article 21 – paragraph 2 2. Without prejudice to specific provisions contained in multiannual plans, the master or his representative of a Community fishing vessel exceeding 10 meters length overall shall transmit landing declaration data
Amendment 135 #
Proposal for a regulation Article 21 – paragraph 2 a (new) 2a. Vessels with an overall length of 10-15 metres carrying fixed gear shall be exempt. The exemption shall not apply to vessels of this category fishing under multiannual management and recovery plans which hold a fishing authorisation in accordance with paragraph 7.
Amendment 136 #
Proposal for a regulation Article 21 – paragraph 3 3. When a Community fishing vessel lands its catches in a Member State other than the flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the landing declaration data
Amendment 137 #
Proposal for a regulation Article 21 – paragraph 4 4. Paragraph 2 shall apply to Community fishing vessels exceeding
Amendment 138 #
Proposal for a regulation Article 21 – paragraph 4 – point a a) operate exclusively within the territorial seas of the flag Member State,
Amendment 139 #
Proposal for a regulation Article 24 Amendment 140 #
Proposal for a regulation Article 25 – paragraph 1 1.
Amendment 141 #
Proposal for a regulation Article 25 – paragraph 2 Amendment 142 #
Proposal for a regulation Article 26 – paragraph 3 3. The decision referred to in paragraph 2 shall be made public by the Member State concerned and immediately communicated to the Commission
Amendment 143 #
Proposal for a regulation Article 27 Amendment 144 #
Proposal for a regulation Article 27 – paragraph 1 Amendment 145 #
Proposal for a regulation Article 27 – paragraph 2 Amendment 146 #
Proposal for a regulation Article 27 – paragraph 2 2. On the basis of the information under
Amendment 147 #
Proposal for a regulation Article 28 Amendment 148 #
Proposal for a regulation Article 28 – paragraph 2 2. If the prejudice suffered by the Member State for which fishing has been prohibited before its fishing opportunities were exhausted has not been removed, measures shall be adopted with the aim of remedying in an appropriate manner the prejudice caused, in accordance with the procedure referred to in Article 111. These measures may involve making deductions from the fishing opportunities, relating to the same species and in the same area, of any Member State which has overfished, the quantities so deducted to be allocated appropriately to the Member States whose fishing activities were halted before their fishing opportunities were exhausted.
Amendment 149 #
Proposal for a regulation Article 28 – paragraph 3 3. These deductions and the consequent allocations shall be made taking into account as a matter of priority the species and zones for which the fishing opportunities were fixed. They may be made during the year in which the prejudice occurred or in the succeeding year
Amendment 150 #
Proposal for a regulation Article 28 – paragraph 3 3. These deductions and the consequent allocations shall be made taking into account
Amendment 151 #
Proposal for a regulation Article 28 a (new) Article 28a Transfer of unused quotas 1. If all or part of the quotas for a Member State will not be used during the year in which they were granted, these quotas may be used, that same year, by other Member States. The Commission shall first of all inform the Member States concerned, asking them to confirm that they are not going to use these fishing opportunities. Following this confirmation, the Commission shall assess all the unused fishing opportunities and inform the Member States thereof, before taking the decision on their reallocation, in close cooperation with the Member States concerned. 2. The transmission of applications in accordance with this Article shall in no way affect the allocation of fishing opportunities or their exchange amongst Member States, in accordance with Article 20 of Regulation (EC) No 2371/2002. 3. Detailed rules for the application of this Article, and in particular those referring to the conditions for the use or transfer of quotas, shall be adopted in accordance with the procedure referred to in Article 111.
Amendment 152 #
Proposal for a regulation Article 29 – -1 (new) -1. The Commission shall present to the Council European and the European Parliament, by 31 December 2010, a proposal for a new instrument for the management of Community fishing capacity.
Amendment 153 #
Proposal for a regulation Article 29 – paragraph 3 a (new) 3a. The Commission shall present to the European Parliament and the Council a proposal for a new instrument for the management of Community fishing capacity by 31 December 2010.
Amendment 154 #
Proposal for a regulation Article 33 Amendment 155 #
Proposal for a regulation Article 33 Community fishing vessels engaged in fishing activities in the fisheries subject to a multiannual plan shall not transfer their catches on board of any other vessel or vehicle without previously landing their catches in order to be weighed in an auction centre or other body authorised by Member States. Member States shall provide for the necessary material and human resources to ensure effective and timely inspection and weighing of fish, with no cost to shipowners.
Amendment 156 #
Proposal for a regulation Article 34 – paragraph 1 1. The Council
Amendment 157 #
Proposal for a regulation Article 34 – paragraph 4 – point d d
Amendment 158 #
Proposal for a regulation Article 34 – paragraph 4 a (new) Amendment 159 #
Proposal for a regulation Article 41 – paragraph 1 1. The master of a fishing vessel shall record all discards above 15 kg of live weight equivalents in volume per haul of gear and shall communicate, where possible by electronic means, this information without delay to its competent authorities. The Commission will consider a scheme to fit video-monitoring equipment for the purpose of compliance with this regulation. Released fish in recreational fisheries shall not be considered as discards or mortality for the purpose of this regulation.
Amendment 160 #
Proposal for a regulation Article 41 – paragraph 1 1. The master of a fishing vessel shall
Amendment 161 #
Proposal for a regulation Article 41 – paragraph 1 1. The master of a fishing vessel shall record all discards above
Amendment 162 #
Proposal for a regulation Article 42 For vessels fitted with Vessel Monitoring System, Member States shall verify
Amendment 163 #
Proposal for a regulation Chapter IV – section 4 Section 4 The whole of Section 4 is deleted. Real time closure of fisheries
Amendment 164 #
Proposal for a regulation Article 43 – paragraph 2 a (new) 2a. In the case of multi-species fisheries, real-time closure shall be based on an assessment of the situation of the fish stocks of all species contained in the same fishing area.
Amendment 165 #
Proposal for a regulation Article 45 Amendment 166 #
Proposal for a regulation Article 46 – paragraph 3 Amendment 167 #
Proposal for a regulation Article 47 Amendment 168 #
Proposal for a regulation Article 47 Amendment 169 #
Proposal for a regulation Article 47 Amendment 170 #
Proposal for a regulation Article 47 Amendment 171 #
Proposal for a regulation Article 47 Amendment 172 #
Proposal for a regulation Article 47 – paragraph 1 Amendment 173 #
Proposal for a regulation Article 47 – paragraph 1 1. Recreational fisheries on a vessel in Community waters on a stock subject to a multiannual plan
Amendment 174 #
Proposal for a regulation Article 47 – paragraph 1 1.
Amendment 175 #
Proposal for a regulation Article 47 – paragraph 1 1.
Amendment 176 #
Proposal for a regulation Article 47 – paragraph 1 1.
Amendment 177 #
Proposal for a regulation Article 47 – paragraph 1 1. Recreational fisheries
Amendment 178 #
Proposal for a regulation Article 47 – paragraph 1 a (new) 1a. Released fish in recreational fisheries shall not be counted as mortality.
Amendment 179 #
Proposal for a regulation Article 47 – paragraph 2 Amendment 180 #
Proposal for a regulation Article 47 – paragraph 2 Amendment 181 #
Proposal for a regulation Article 47 – paragraph 2 2.
Amendment 182 #
Proposal for a regulation Article 47 – paragraph 2 2.
Amendment 183 #
Proposal for a regulation Article 47 – paragraph 2 2.
Amendment 184 #
Proposal for a regulation Article 47 – paragraph 3 Amendment 185 #
Proposal for a regulation Article 47 – paragraph 3 Amendment 186 #
Proposal for a regulation Article 47 – paragraph 3 3. Catches of species subject to a m
Amendment 187 #
Proposal for a regulation Article 47 – paragraph 3 3.
Amendment 188 #
Proposal for a regulation Article 47 – paragraph 3 3.
Amendment 189 #
Proposal for a regulation Article 47 – paragraph 3 3. Catches of species subject to a m
Amendment 190 #
Proposal for a regulation Article 47 – paragraph 3 3. Catches of species subject to a multiannual plan by recreational fisheries shall be
Amendment 191 #
Proposal for a regulation Article 47 – paragraph 3 a (new) 3a. The provisions in this Article shall be implemented within two years of the date of entry into force of this regulation.
Amendment 192 #
Proposal for a regulation Article 47 – paragraph 4 Amendment 193 #
Proposal for a regulation Article 47 – paragraph 4 4. The marketing of catches from a
Amendment 194 #
Proposal for a regulation Article 48 – paragraph 3 3.
Amendment 195 #
Proposal for a regulation Article 50 – paragraph 2 d a (new) da) the area of capture, to the same level of detail as under Article 14(1).
Amendment 196 #
Proposal for a regulation Article 51 Member States shall ensure that the information provided for in Article 8 of Regulation (EC) No 2065/2001 of 22 October 2001 laying down detailed rules for the application of Council regulation (EC) No 104/2000 as regards informing consumer about fishery and aquaculture products shall be available at each stage of marketing of the species concerned. The catch area referred to in Article 8 of Regulation (EC) No 2065/2001 shall
Amendment 197 #
Proposal for a regulation Article 52 – paragraph 2 2. Other fisheries products, as set out in Article 14, shall only be sold at an auction centre or to bodies or
Amendment 198 #
Proposal for a regulation Article 53 – paragraph 3 3. By way of derogation from paragraph 1, Member States may permit fresh fish to be weighed after transport from the place of landing provided that the fish could not have been weighed on landing and provided they are transported to a destination on the territory of the Member State that is no more than 20 kilometers from the place of landing, especially where weighing affects the quality of the fish, in particular where it is intended for processing.
Amendment 199 #
Proposal for a regulation Article 54 – paragraph 1 1. Registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fishery products landed in a Member State, shall submit electronically, within
Amendment 200 #
Proposal for a regulation Article 55 – point e e) the relevant name or FAO alpha code of each species and its geographical origin
Amendment 201 #
Proposal for a regulation Article 55 – point e a (new) ea) the quantity of each species in kilograms live weight;
Amendment 202 #
Proposal for a regulation Article 57 – paragraph 2 – point c c) the relevant name or FAO alpha code of each species and its geographical area
Amendment 203 #
Proposal for a regulation Article 58 – paragraph 4 – point (b) b) the name and Community fleet register number of the fishing vessel that has landed the products;
Amendment 204 #
Proposal for a regulation Article 58 – paragraph 4 – point c Amendment 205 #
Proposal for a regulation Article 63 – paragraph -1 (new) -1. The Commission shall present to the Council European and the European Parliament, by 31 December 2010, a proposal for a regulation specifying which fisheries shall be required to have observer schemes.
Amendment 206 #
Proposal for a regulation Article 63 – paragraph 6 6. All costs arising from the operation of
Amendment 207 #
Proposal for a regulation Article 64 Amendment 208 #
Proposal for a regulation Article 64 Surveillance reports drawn up by persons authorised by national, regional and Community authorities to carry out surveillance shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated equally to surveillance reports of officials of the Member State where the administrative or judicial proceedings take place. Appropriate follow-up action shall be taken on the basis of those reports.
Amendment 209 #
Proposal for a regulation Article 68 A
Amendment 210 #
Proposal for a regulation Article 68 Inspection reports drawn up by persons authorised by national, regional and Community authorities to carry out inspections shall constitute admissible evidence in the administrative or judicial proceedings of any Member State. In the establishment of facts they shall be treated equally to inspection reports of officials of the Member State where the administrative or judicial proceedings take place and appropriate follow-up action
Amendment 211 #
Proposal for a regulation Article 69 Member States shall set up and keep up to date an electronic database where they upload all inspection, observer and surveillance reports drawn up by their officials.
Amendment 212 #
Proposal for a regulation Article 70 – paragraph 4 4.
Amendment 213 #
Proposal for a regulation Article 71 – paragraph 1 1. Without prejudice to the primary responsibility of the coastal Member State, a Member State may inspect fishing vessels flying its flag in all Community waters, subject to authorisation by the coastal Member State.
Amendment 214 #
Proposal for a regulation Article 71 – paragraph 2 – point b b)
Amendment 215 #
Proposal for a regulation Article 72 – paragraph 3 3.
Amendment 216 #
Proposal for a regulation Article 73 – point b b)
Amendment 217 #
Proposal for a regulation Article 76 – paragraph 1 – point a a) misrecorded catches of more than
Amendment 218 #
Proposal for a regulation Article 78 The inspecting Member State may also transfer prosecution of the infringement to the competent authorities of the flag Member State or the Member State of
Amendment 219 #
Proposal for a regulation Article 78 The inspecting Member State may also transfer prosecution of the infringement to the competent authorities of the flag Member State or the Member State of
Amendment 220 #
Proposal for a regulation Article 81 – paragraph 2 2. The proceedings initiated pursuant to paragraph 1 shall
Amendment 221 #
Proposal for a regulation Article 82 – paragraph 1 1. Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is in principle punish
Amendment 222 #
Proposal for a regulation Article 82 – paragraph 2 2. In addition, for all serious infringements which level cannot be linked to the value of the fishery products obtained by committing the serious infringement, Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is
Amendment 223 #
Proposal for a regulation Article 82 – paragraph 2 2. In addition, for all serious infringements which level cannot be linked to the value of the fishery products obtained by committing the serious infringement, Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is punishable by a
Amendment 224 #
Proposal for a regulation Article 82 – paragraph 2 2. In addition, for all serious infringements which level cannot be linked to the value of the fishery products obtained by committing the serious infringement, Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is punishable by an administrative fine of a minimum of at least 5.000 EUR and a maximum of
Amendment 225 #
Proposal for a regulation Article 82 – paragraph 3 3. In case of a repeated serious infringement within a 5 year period, a Member State shall impose an administrative fine of a minimum of at least 10.000 EUR and a maximum of
Amendment 226 #
Proposal for a regulation Article 82 – paragraph 4 4. In fixing the amount of the fines the Member States shall
Amendment 227 #
Proposal for a regulation Article 84 – paragraph 1 Amendment 228 #
Proposal for a regulation Article 84 – paragraph 1 1. Member States shall apply a penalty point system on the basis of which the holder of a fishing authorisation receives appropriate penalty points as a result of a
Amendment 229 #
Proposal for a regulation Article 84 – paragraph 2 Amendment 230 #
Proposal for a regulation Article 84 – paragraph 2 2. When a natural person has committed or a legal person is held liable for a
Amendment 231 #
Proposal for a regulation Article 84 – paragraph 2 a (new) 2a. The holder of the fishing authorisation shall not be eligible for any national or Community aid as long as the points remain on the record.
Amendment 232 #
Proposal for a regulation Article 84 – paragraph 2 a (new) 2a. As long as a holder of a fishing authorization has been assigned with penalty points the holder should be excluded from receiving Community subsidies or national public aid during that time.
Amendment 233 #
Proposal for a regulation Article 84 – paragraph 3 Amendment 234 #
Proposal for a regulation Article 84 – paragraph 4 Amendment 235 #
Proposal for a regulation Article 84 – paragraph 4 Amendment 236 #
Proposal for a regulation Article 84 – paragraph 5 Amendment 237 #
Proposal for a regulation Article 84 – paragraph 5 5. If the holder of a suspended fishing authorisation does not commit, within three years from the date of the last serious infringement, another serious infringement, all points on the fishing authorisation shall be deleted.
Amendment 238 #
Proposal for a regulation Article 84 – paragraph 6 Amendment 239 #
Proposal for a regulation Article 84 – paragraph 7 Amendment 240 #
Proposal for a regulation Article 84 – paragraph 7 7. Member States shall also establish a penalty point system under which the ship- owner, the master and the officers of a vessel receive appropriate penalty points as a result of a
Amendment 241 #
Proposal for a regulation Article 84 – paragraph 7 7. Member States shall also establish a penalty point system under which the master
Amendment 242 #
Proposal for a regulation Article 84 – paragraph 7 a (new) 7a. The Commission shall, by 31 December 2010, propose a similar system of penalty points to apply to those involved in the purchase, processing and selling of fisheries products.
Amendment 243 #
Proposal for a regulation Article 85 – paragraph 1 1. Member States shall register in a national data base all infringements against rules of the Common Fisheries Policy, committed by those responsible for vessels flying their flag or by their nationals, including the sanctions they incurred and the number of points
Amendment 244 #
Proposal for a regulation Article 85 – paragraph 3 3. Where a Member State requests information from another Member State in relation to the prosecution of an infringement, that other Member State shall provide the relevant information on the fishing vessels and persons in question without delay.
Amendment 245 #
Proposal for a regulation Article 85 – paragraph 3 a (new) 3a. Information on the fishing vessels and individuals in question will be available to the public.
Amendment 246 #
Proposal for a regulation Article 87 Amendment 247 #
Proposal for a regulation Article 88 – paragraph 1 – introductory wording 1. The Commission shall control and evaluate the application of the rules of the Common Fisheries Policy by the Member States by means of the examination of information and documents and by conducting on-the-spot visits and inspections and shall facilitate coordination and cooperation between them. For this purpose the Commission may, on its own accord and by its own means,
Amendment 248 #
Proposal for a regulation Article 88 – paragraph 1 – point f Amendment 249 #
Proposal for a regulation Article 89 – paragraph 1 1. Wherever it is deemed necessary by the Commission, it
Amendment 250 #
Proposal for a regulation Article 89 – paragraph 5 Amendment 251 #
Proposal for a regulation Article 90 Amendment 252 #
Proposal for a regulation Article 91 Amendment 253 #
Proposal for a regulation Article 91 – paragraph 4 4. Officials of the Member State concerned shall
Amendment 254 #
Proposal for a regulation Article 95 – paragraph 1 – introductory wording The Commission may
Amendment 255 #
Proposal for a regulation Article 95 – paragraph 1 – point a Amendment 256 #
Proposal for a regulation Article 95 – paragraph 1 – subparagraph 2 Amendment 257 #
Proposal for a regulation Article 95 – paragraph 2 2. Where, during the period of suspension, the Member State concerned still fails to demonstrate that it has taken remedial action to ensure compliance with and the enforcement of applicable rules in the future or that there is no serious risk that the future effective operation of the Community control and enforcement system will be impaired, the Commission may propose cancelling all or part of the Community financial assistance the payment of which was suspended pursuant to paragraph 1. Such cancellation shall only be made after the corresponding payment has been
Amendment 258 #
Proposal for a regulation Article 96 Amendment 259 #
Proposal for a regulation Article 96 – paragraph 1 Amendment 260 #
Proposal for a regulation Article 96 – paragraph 1 1. Where a Member State does not respect its obligations for the implementation of a multiannual plan, and where the
Amendment 261 #
Proposal for a regulation Article 96 – paragraph 1 1. Where a Member State does not respect its obligations for the implementation of a multiannual plan, and where the Commission has
Amendment 262 #
Proposal for a regulation Article 97 – paragraph 1 – introductory wording 1. When the Commission has established
Amendment 263 #
Proposal for a regulation Article 97 – paragraph 1 1. When the Commission has established that a Member State has overfished its quota, allocation or share of a stock or a group of stocks available to it the Commission shall
Amendment 264 #
Proposal for a regulation Article 97 – paragraph 1 – table T
Amendment 265 #
Proposal for a regulation Article 97 – paragraph 1 a (new) 1a. If the quota, allocation or share of a stock or a group of stocks allocated to a Member State does not exceed 100 tonnes, the reduction for exceeding the quota shall be applied in a linear manner and not by percentage, except for species covered by a multiannual plan to which paragraph 1 shall apply.
Amendment 266 #
Proposal for a regulation Article 97 – paragraph 1 a (new) 1a. Notwithstanding the contents of the previous table, the penalty shall be linear when the quotas are less than 100 tonnes.
Amendment 267 #
Proposal for a regulation Article 97 – paragraph 2 2. If, over the previous two years, a Member State has repeatedly overfished its quota, allocation or share of
Amendment 268 #
Proposal for a regulation Article 97 – paragraph 3 Amendment 269 #
Proposal for a regulation Article 97 – paragraph 3 Amendment 270 #
Proposal for a regulation Article 97 – paragraph 3 Amendment 271 #
Proposal for a regulation Article 97 – paragraph 3 3. If a Member State takes catches from a stock subject to a quota for which it has no quota, allocation or share of a stock or a group of stocks available to it, the Commission may propose deducting in the following year or years quotas for other stocks or groups of stocks available to that Member State in accordance with paragraph 1.
Amendment 272 #
Proposal for a regulation Article 98 Amendment 273 #
Proposal for a regulation Article 98 Amendment 274 #
Proposal for a regulation Article 98 – paragraph 1 1. Where there is evidence that rules on conservation, control, inspection or enforcement under the Common Fisheries Policy are not being complied with by a Member State and that this may lead to a serious threat to the conservation of living aquatic resources or the effective operation of the Community control and enforcement system, the Commission may
Amendment 275 #
Proposal for a regulation Article 99 Amendment 276 #
Proposal for a regulation Article 99 – introductory wording The Commission may propose denying the transfer of quotas for stocks of a Member State to the following year in accordance with Article 3 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas if:
Amendment 277 #
Proposal for a regulation Article 100 Amendment 278 #
Proposal for a regulation Article 100 Amendment 279 #
Proposal for a regulation Article 100 – introductory wording The Commission may propose exclud
Amendment 280 #
Proposal for a regulation Article 101 Article 101 This article is deleted. Emergency measures
Amendment 281 #
Proposal for a regulation Article 101 – paragraph 1 1. If there is evidence, including based on the results of the sampling carried out by the Commission, that fishing activities and/or measures adopted by a Member State or Member States undermine the Common Fisheries Policy or threaten the marine eco-system and this requires immediate action, the Commission, at the substantiated request of any Member State or on its own initiative, may decide on emergency measures which shall last not more than
Amendment 282 #
Proposal for a regulation Article 101 – paragraph 2 – point g g) prohibition for fishing vessels flying the flag of the Member State concerned to fish
Amendment 283 #
Proposal for a regulation Article 101 – paragraph 3 3. A Member State shall communicate the request referred to in paragraph 1 simultaneously to the Commission and to the Member States concerned. The other Member States may submit their written comments to the Commission within
Amendment 284 #
Proposal for a regulation Article 101 – paragraph 5 5. The Member States concerned may refer the Commission decision to the Council within 1
Amendment 285 #
Proposal for a regulation Article 105 – paragraph 1 1. Member States and the Commission shall take all necessary steps to ensure that the data collected and received within the framework of this Regulation shall be treated in a confidential manner and shall respect all rules on professional and commercial secrecy of data, consistent with all applicable provisions laid down in Regulation (EC) No 45/2001 and Directive 95/46/EC.
Amendment 286 #
Proposal for a regulation Article 105 – paragraph 6 a (new) 6a. Data on catches made by the fleets of each Member State shall be in the public domain as of the end of March of the calendar year following the year of capture. Public data shall be aggregated by species, by stock and by gear type.
Amendment 287 #
Proposal for a regulation Article 107 – paragraph 1 – point a a (new) aa) the names and fleet registration numbers of vessels flying their flag, the fishing licences and all fishing authorisations issued to the vessels and their owners;
Amendment 288 #
Proposal for a regulation Article 108 – paragraph 3 3. For the secure part of its website, each Member State shall provide remote access to the Commission and the body designated by it. The Member State shall grant access to Commission officials based on electronic certificates generated by the Commission or the body designated by it. Third countries shall be provided information included in paragraphs 1(b), 1(d) and 1(f) for Community vessels that apply for licences to fish in their waters. The information shall be provided upon a request from the third country and without delay, once the third country agrees on the confidentiality of the information.
Amendment 289 #
Proposal for a regulation Article 112 Regulation (EC) No 768/2005 A
Amendment 290 #
Proposal for a regulation Article 112 Regulation (EC) No 768/2005 Article 17a – paragraph 1 – subparagraph 1 1. Without prejudice to the enforcement powers conferred by the Treaty on the Commission, the Agency shall assist the Commission for the purpose of evaluating and controlling the application of the rules of the Common Fisheries Policy by the Member States. The Agency may, using its own resources, undertake inspections of public authorities and private operators in the Member States. For this purpose it may, in compliance with the legal provisions of the Member State concerned,
Amendment 32 #
Proposal for a regulation Recital 2 (2) Given that the success of the Common Fisheries Policy involves implementing an effective system of control, the measures provided for in this Regulation seek to
Amendment 33 #
Proposal for a regulation Recital 2 (2) Given that the success of
Amendment 34 #
Proposal for a regulation Recital 6 (6) The allocation of responsibilities between the Member States, the Commission and the Common Fisheries Control Agency should be further clarified. Control of compliance with the Common Fisheries Policy rules should be first and foremost the responsibility of the Member States. The Commission for its part should ensure that Member States implement the rules of the Common Fisheries Policy throughout the Community in a consistent manner.
Amendment 35 #
Proposal for a regulation Recital 6 (6) The current allocation of responsibilities between the Member States, the Commission and the Common Fisheries Control Agency should be further clarified. Control of compliance with the Common Fisheries Policy rules should be first and foremost the responsibility of the Member States. The Commission for its part should ensure that Member States implement the rules of the Common Fisheries Policy throughout the Community in a consistent manner. To this end the current system of micro-decisions should be progressively replaced by a macro-management-based approach.
Amendment 36 #
Proposal for a regulation Recital 14 a (new) (14a) The Common Fisheries Policy covers the conservation, management and exploitation of living aquatic resources, so that all types of activities that exploit such resources are treated on an equal basis, whether they be commercial or non- commercial. It would be discriminatory to subject commercial fisheries to strict controls and limits while largely exempting non-commercial fisheries.
Amendment 37 #
Proposal for a regulation Recital 17 (17) Clear, tailor-made specific control measures should be applied to multi-annual plans, marine protected areas and discards under a special regime.
Amendment 38 #
Proposal for a regulation Recital 20 (20) For the consistent and effective prosecution of infringements, provision should be made to enable inspection and surveillance reports drawn up by
Amendment 39 #
Proposal for a regulation Recital 21 (21) Cooperation and coordination between Member States, with the Commission and the Community Fisheries Control Agency should be intensified in order to promote compliance with the rules of the Common Fisheries Policy, in particular through the exchange of national
Amendment 40 #
Proposal for a regulation Recital 24 (24) An integrated maritime surveillance network should be established between surveillance, monitoring, identification and tracking systems operated for the purposes of maritime security and safety, protection of the marine environment, fisheries control, border control, general law enforcement, and trade facilitation, geared to the different situations in the Member States. The network shall have the ability to
Amendment 41 #
Proposal for a regulation Recital 27 Amendment 42 #
Proposal for a regulation Recital 29 Amendment 43 #
Proposal for a regulation Recital 29 (29) Powers should be conferred to the Commission to close a fishery when the quota of a Member State or a TAC itself is exhausted.
Amendment 44 #
Proposal for a regulation Recital 29 (29) Powers should be conferred to the Commission to close a fishery when the quota of a Member State or a TAC itself is exhausted. The Commission should also be empowered to deduct quotas and refuse quota transfers or quota exchanges under certain conditions and on the basis of sufficient scientific grounds to ensure the achievement of the objectives of the Common Fisheries Policy by the Member States.
Amendment 45 #
Proposal for a regulation Recital 31 Amendment 46 #
Proposal for a regulation Recital 35 (35) It should however be for the Council to decide on the obligation to use electronic monitoring devices and traceability tools such as genetic analysis and other fisheries control technologies. Since those technologies entail costs for national control authorities and for the sector concerned, it is appropriate that the Council should reserve for itself the right to exercise implementing powers directly in this specific case. Since the Council decides on the introduction of multiannual plans it is also appropriate that the Council decides in this context on a threshold amount applicable to the live weight of species subject to these multiannual plans above which a vessel shall be required to land its catches in a designated port.
Amendment 47 #
Proposal for a regulation Article 1 This Regulation establishes a Community system for control,
Amendment 48 #
Proposal for a regulation Article 1 This Regulation establishes a
Amendment 49 #
Proposal for a regulation Article 2 – introductory wording This Regulation shall apply to all fishing activities carried out on the territory of Member States or in Community waters or by Community fishing vessels or, without prejudice to the primary responsibility of the flag State, nationals of Member States, which relate to
Amendment 50 #
Proposal for a regulation Article 4 – point 1 (1) "Fishing activity" means searching for fish, shooting, setting, hauling of a fishing
Amendment 51 #
Proposal for a regulation Article 4 – point 3 (
Amendment 52 #
Proposal for a regulation Article 4 – point 4 (4) "Control" means monitoring, surveillance
Amendment 53 #
Proposal for a regulation Article 4 – point 6 (6) "Official" means a person authorised by a national or regional authority, the Commission or the Community Fisheries Control Agency to carry out an inspection;
Amendment 54 #
Proposal for a regulation Article 4 – point 6 a (new) (6a) "Serious infringement" means those activities listed in Article 42, paragraph 1 of COUNCIL REGULATION (EC) No 1005/2008
Amendment 55 #
Proposal for a regulation Article 4 – point 7 (7) "Fishing licence" means an official document conferring on its holder the right, as determined by national rules, to
Amendment 56 #
Proposal for a regulation Article 4 – point 7 a (new) (7a) ‘recreational fisheries’ means all fishing activities where the catch shall be neither sold nor marketed except for philanthropic purposes;
Amendment 57 #
Proposal for a regulation Article 4 – point 8 (8) "Fishing authorisation" means a fishing authorisation issued in respect of a Community fishing vessel in addition to its fishing licence, entitling it to carry out fishing activities
Amendment 58 #
Proposal for a regulation Article 4 – point 17 (17) "Processing" means the process by which the presentation was prepared. It includes
Amendment 59 #
Proposal for a regulation Article 4 – point 17 (17) "Processing" means the process by which the presentation was prepared. It includes cleaning, filleting,
Amendment 60 #
Proposal for a regulation Article 4 – point 17 (17) "Processing" means the process by which the presentation was prepared. It includes cleaning, filleting,
Amendment 61 #
Proposal for a regulation Article 4 – point 24 a (new) (24a) Recreational fisheries" means non- commercial fishing activities exploiting living aquatic resources for recreation or sport;
Amendment 62 #
Proposal for a regulation Article 4 – point 24 a (new) (24a) "Recreational fisheries" means non-commercial fishing activities exploiting living aquatic resources for recreation or sport;
Amendment 63 #
Proposal for a regulation Article 4 – point 24 b (new) (24b) "Recreational fisheries sectors" means a) “Recreational Angling” – also named “sportfishing” (rod and line fishing) – and which takes place from boat, shore or by wading out. Tournament or competition angling is a sub-segment of recreational angling. b) “Other Recreational Fishing”means fishing which takes place from boat, shore or by wading out from shore. Gears are various forms of active or passive/stationary nets, longlines and hand-held lines, traps and pots;
Amendment 64 #
Proposal for a regulation Article 4 – point 24 b (new) (24b) "Recreational fisheries sectors" means a) “Recreational Angling” – also named “sportfishing” (rod and line fishing) – and which takes place from boat, shore or by wading out. Tournament or competition angling is a sub-segment of recreational angling. b) “Other Recreational Fishing”means fishing which takes place from boat, shore or by wading out from shore. Gears are various forms of active or passive/stationary nets, longlines and hand-held lines, traps and pots;
Amendment 65 #
Proposal for a regulation Article 4 – point 24 a (new) (24a) Recreational fisheries means: (a) Recreational angling - also known as sports fishing - in the form of boat, bank or inshore wade fishing using a rod or fishing line, including angling tournaments or competitive fishing. (b) Other recreational fishing activities in the form of yacht, bank or inshore wade fishing using fishing gear;
Amendment 66 #
Proposal for a regulation Article 4 – point 24 c (new) (24c) "Subsistence fisheries" means fishing for aquatic animals that contribute substantially to meeting an individual’s or family’s nutritional needs.
Amendment 67 #
Proposal for a regulation Article 4 – point 24 c (new) (24c) ‘Subsistence fisheries’ means fishing for aquatic animals that contribute substantially to meeting an individual’s or family’s nutritional needs.
Amendment 68 #
Proposal for a regulation Article 5 – paragraph 1 1. Member States shall control the activities carried out by any natural or legal person within the scope of the Common Fisheries Policy on their territory and within waters subject to their sovereignty or jurisdiction, and those carried out by their nationals within waters not subject to their sovereignty or jurisdiction, in particular fishing, transhipments, transfer of fish to cages or aquaculture installations including fattening installations, landing, import, transport, marketing and storage of fishery products.
Amendment 69 #
Proposal for a regulation Article 5 – paragraph 1 1. Member States shall control the activities carried out by any natural or legal person within the scope of the Common Fisheries Policy on their territory and within waters subject to their sovereignty or jurisdiction, in particular fishing, aquaculture activities, transhipments, transfer of fish to cages or aquaculture installations including fattening installations, landing, import, transport, marketing and storage of fishery products.
Amendment 70 #
Proposal for a regulation Article 5 – paragraph 4 4. Each Member State shall ensure that control, inspection, monitoring, surveillance and enforcement is carried out on a non-discriminatory basis as regards
Amendment 71 #
Proposal for a regulation Article 5 – paragraph 6 Amendment 72 #
Proposal for a regulation Article 5 – paragraph 6 Amendment 73 #
Proposal for a regulation Article 6 – paragraph 3 3. The flag Member State shall suspend temporarily the fishing licence of a vessel which is subject to temporary immobilisation decided by that Member State and which has had its fishing authorisation suspended in accordance with Article 45 p
Amendment 74 #
Proposal for a regulation Article 6 – paragraph 4 4. The flag Member State shall withdraw permanently the fishing licence-of a vessel which is the subject of a capacity adjustment measure referred to in Article 11 (3) of Regulation (EC) No 2371/2002 or which has had its fishing authorisation withdrawn in accordance with article 45
Amendment 75 #
Proposal for a regulation Article 7 – paragraph 1 – point a a (new) aa) a total allowable catch scheme;
Amendment 76 #
Proposal for a regulation Article 7 – paragraph 1 – point d d
Amendment 77 #
Proposal for a regulation Article 7 – paragraph 1 – point f f) fishing activities with bottom gears in
Amendment 78 #
Proposal for a regulation Article 7 – paragraph 1 – point f f) fishing activities with bottom gears in areas not under the responsibility of a Regional Fisheries Management Organisation; a list shall be drawn up of the gears referred to in this provision;
Amendment 79 #
Proposal for a regulation Article 7 – paragraph 5 Amendment 80 #
Proposal for a regulation Article 9 – paragraph 1 1. Member States shall operate a satellite- based Vessel Monitoring System for effective monitoring of fishing activities of the fishing vessels flying their flag regardless where they are and of fishing activities in their waters. Member States shall ensure the
Amendment 81 #
Proposal for a regulation Article 9 – paragraph 2 2. A fishing vessel exceeding 1
Amendment 82 #
Proposal for a regulation Article 9 – paragraph 2 a (new) Amendment 83 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. In the event of a technical problem or malfunction of the satellite monitoring device installed on board the fishing vessel, the vessel shall proceed to a port within 48 hours in order to repair the device. The vessel shall not leave port until the equipment has been repaired or replaced.
Amendment 84 #
Proposal for a regulation Article 9 – paragraph 4 If a Community fishing vessel operates in
Amendment 85 #
Proposal for a regulation Article 9 – paragraph 5 Amendment 86 #
Proposal for a regulation Article 9 – paragraph 6 – introductory wording 6. Community vessels up to 1
Amendment 87 #
Proposal for a regulation Article 9 – paragraph 6 – point a a) operate exclusively
Amendment 88 #
Proposal for a regulation Article 9 – paragraph 6 - point a a) operate exclusively within the
Amendment 89 #
Proposal for a regulation Article 9 – paragraph 6 - point a a) operate exclusively within the territorial seas of the flag Member State
Amendment 90 #
Proposal for a regulation Article 9 – paragraph 7 7. Third country fishing vessels operating in Community waters and outside the national waters of their flag Member State shall have installed on board a fully functioning device which allows automatically localising and identifying that vessel by Vessel Monitoring System by transmitting position data at regular intervals in the same way as masters of Community fishing vessels.
Amendment 91 #
Proposal for a regulation Article 9 – paragraph 8 8. Member States shall establish and operate Fisheries Monitoring Centres, which shall monitor fishing activities and fishing effort. The Fisheries Monitoring Centres of a particular Member State shall monitor the fishing vessels flying its flag, regardless of the waters in which they are operating or the port they are in, as well as Community fishing vessels flying the flag of other Member States and fishing vessels of third countries to which a Vessel Monitoring System applies operating in the waters under the sovereignty or the
Amendment 92 #
Proposal for a regulation Article 10 – paragraph 2 2. Member States shall use the Automatic Identification System data for the purpose of cross-checking with other available data in accordance with Articles 102 and 103. For that purpose Member States shall ensure that data from the Automatic Identification System for fishing vessels flying their flag are available to their national fisheries control authorities. Member States shall ensure the regular monitoring of the accuracy of those data and shall act promptly whenever data are found to be inaccurate. The data shall be made available upon request to the Commission or to a body designated by it.
Amendment 93 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission, after providing documentary justification by submitting evidence of failure to comply with control measures or scientific reports, may require a Member State to use a Vessel Detection System for a given fishery and at a given time.
Amendment 94 #
Proposal for a regulation Article 14 – paragraph 1 1. Without prejudice to specific rules, the masters of Community fishing vessels exceeding 10 meters length overall shall keep a paper logbook of their operations, indicating specifically all quantities greater than
Amendment 95 #
Proposal for a regulation Article 14 – paragraph 1 1. Without prejudice to specific rules, the masters of Community fishing vessels exceeding 10 meters length overall shall keep a logbook of their operations, indicating specifically all quantities greater than
Amendment 96 #
Proposal for a regulation Article 14 – paragraph 1 1. Without prejudice to specific rules, the masters of Community fishing vessels exceeding 10 meters length overall shall keep a logbook of their operations, indicating specifically all quantities greater than
Amendment 97 #
Proposal for a regulation Article 14 – paragraph 1 1. Without prejudice to specific rules, the masters of Community fishing vessels exceeding 10 meters length overall shall keep a logbook of their operations, indicating specifically all quantities greater than 15 kg of live-weight equivalent of each species caught and kept on board, the date and the relevant geographical area, expressed by reference to a sub-area and division or sub-division, or where applicable statistical rectangle in which catch limits apply pursuant to Community legislation, of these catches and the type of gear used.
Amendment 98 #
Proposal for a regulation Article 14 – paragraph 1 1. Without prejudice to specific rules, the masters of Community fishing vessels
Amendment 99 #
Proposal for a regulation Article 14 – paragraph 1 a (new) 1a. For fishing activities in the Mediterranean, the following species shall be recorded in the logbook: 1. Engraulis encrasicholus ,Mullus barbatus, Dicentrarchus labrax, Merluccius merluccius, Mullus surmuletus, Lophius piscatorius, Lophius piscatorius, Sardina pilchardus,Trachurus spp, Scomber scombrus Sparus auratus , where the quantities caught exceed 15 kg; 2. other small pelagic species, where the quantities caught exceed 50 kg; 3. the species Thunnus thynnus ,Thunnus alaluga ,Xifhias gladius, mandatorily and irrespective of the quantity caught.
source: PE-421.302
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History
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