Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | DEVE | PONGA Maurice (PPE) | |
| Opinion | ENVI | ||
| Lead | PECH | GALLAGHER Pat the Cope (ALDE) | FRAGA ESTÉVEZ Carmen (PPE), CHRISTENSEN Ole (S&D) |
Legal Basis TFEU 043-p2, TFEU 207
Activites
- 2012/11/14 Final act published in Official Journal
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2012/10/25
Final act signed
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2012/10/25
End of procedure in Parliament
- #3186
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2012/09/25
Council Meeting
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2012/09/25
Act adopted by Council after Parliament's 1st reading
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2012/09/12
Results of vote in Parliament
- Results of vote in Parliament
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T7-0332/2012
summary
The European Parliament adopted by 659 votes to 11 with 7 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on certain measures in relation to countries allowing non-sustainable fishing for the purpose of the conservation of fish stocks Parliament adopted its position on first reading following the ordinary legislative procedure. The amendments are the result of a compromise negotiated between Parliament and Council. The main amendments are as follows: Unsustainable fish stocks: fish stocks should be considered to be in an unsustainable state when they are not continuously maintained at or above the levels that can produce maximum sustainable yield or, if these levels cannot be estimated, when the stocks are not continuously maintained within safe biological limits. Country allowing non-sustainable fishing: the amended text clarifies that a country may be identified as a country allowing non-sustainable fishing where: 1) it fails to cooperate in the management of a stock of common interest in full compliance with the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995 UNFSA, or any other international agreement or norm of international law, and 2) it either fails to adopt necessary fishery management measures, or adopts fishery management measures without due regard to the rights, interests and duties of other countries and the Union, and those fishery management measures, when considered in conjunction with measures taken by other countries and the Union , lead to fishing activities which could result in the stock being in an unsustainable state. This condition is considered to be complied with also where the fishery management measures adopted by that country did not lead to the stock being in an unsustainable state solely due to measures adopted by others. Measures in respect of countries allowing non-sustainable fishing: where the Commission considers that it is necessary to adopt measures, it shall notify the country concerned of the intention to identify it as a country allowing non-sustainable fishing. In such cases, the European Parliament and the Council shall be immediately informed.
- 2012/09/11 Debate in Parliament
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2012/04/25
Committee report tabled for plenary, 1st reading/single reading
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A7-0146/2012
summary
The Committee on Fisheries adopted the report by Pat the Cope GALLAGHER (ADLE, IE) on the proposal for a regulation of the European Parliament and of the Council on certain measures in relation to countries allowing non-sustainable fishing for the purpose of the conservation of fish stocks. The committee recommends that the European Parliament’s position in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: -The measures taken should aim to restrict imports of all fish and fishery products originating from a country allowing non-sustainable fishing, and not limited to the "stocks of common interest" or "associated species". -The Commission proposal states that in adopting measures in accordance to the Regulation, the Commission shall evaluate the environmental, trade, economic and social effects of those measures in the short and long terms and the administrative burden associated to their implementation. Members consider that the Commission should ensure that the envisaged measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade. -The evaluation report shall be made available to the European Parliament and the Council in accordance with the procedure provided for in Regulation No 182/2011 in addition to other documents provided for therein.
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A7-0146/2012
summary
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2012/04/24
Vote in committee, 1st reading/single reading
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2012/01/17
Committee referral announced in Parliament, 1st reading/single reading
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2011/12/14
Legislative proposal published
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COM(2011)0888
summary
PURPOSE: to lay down the framework for the adoption of certain measures regarding fisheries-related activities and policies by third countries allowing non-sustainable fishing. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: as provided in the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) and in the UN agreement relating to fish stocks of 4 August 1995, the management of certain straddling and highly migratory fish stocks requires the cooperation of all the countries whose fleets exploit that stock in order to ensure their long-term sustainability, either by direct consultation amongst each other or via the appropriate Regional Fisheries Management Organisations (RFMOs). However, the adoption of unilateral measures by certain States lacking good will to work towards agreed measures may lead to considerable depletion of the fish stock in question even if other States engage in moderating their fishing effort. The EU being a lucrative market of destination for fisheries products, it has a particular responsibility in ensuring that the above-mentioned obligation of cooperation is respected. Therefore, it is necessary to provide the EU with the means to take effective measures against States not cooperating in good faith in the adoption of agreed management measures or responsible for measures and practices that lead to over-exploitation of stocks, in order to create a disincentive for the continuation of this unsustainable fishing. IMPACT ASSESSMENT: the impact assessment analysed the environmental, economic and social impacts of measures ranging from a "zero option" to a total ban on importations of the fish and fishery products in question, and including both measures that might extend beyond the trade context and non-legislative approaches. The conclusion of the impact assessment was that it would be pertinent to provide the EU with an instrument allowing the swift adoption of mostly trade-related measures. The measures would be introduced against countries which allow fishing that is conducted in a non-sustainable way that threatens the conservation of fish stocks. Indications of the possible form and content of the instrument were also suggested in the impact assessment. LEGAL BASIS: Article 43(2) and 207 of the Treaty on the Functioning of the EU (TFUE). CONTENT: the proposal aims to lay down the framework for the adoption of certain measures regarding fisheries-related activities and policies by third countries with the aim of ensuring long-term sustainability of fish stocks of common interest between the European Union and those third countries. Accordingly, the proposal: · sets out a procedure so that equitable cost-effective measures can be taken in order to promote fisheries sustainability; · describe which countries are to be targeted by the measures (countries allowing non-sustainable fishing), the different types of measures that may be adopted and the conditions determining where and when they may be adopted; · stipulates that the measures are to be adopted as Commission implementing acts (in general the examination procedure would be applicable). Where a requirement for measures to be consistent with the EU international commitments is mentioned, it means that measures must be compatible with the obligations of the EU under the WTO Agreement, in particular as far as trade restrictions are concerned; · defines certain due process steps than shall be undertaken prior to the adoption of the measures vis-à-vis the countries allowing non-sustainable fishing. These demarches should allow the countries concerned to be heard and provide them an opportunity to rectify their actions; · determines the period of application of the measures, subject to the adoption of corrective measures by the countries concerned; defines the Committee that will assist the Commission in implementing the Regulation. BUDGETARY IMPLICATIONS: there are no budgetary implications for the EU.
- DG {'url': 'http://ec.europa.eu/dgs/maritimeaffairs_fisheries/', 'title': 'Maritime Affairs and Fisheries'}, DAMANAKI Maria
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COM(2011)0888
summary
Documents
- Legislative proposal published: COM(2011)0888
- Committee report tabled for plenary, 1st reading/single reading: A7-0146/2012
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0332/2012
- : Regulation 2012/1026
- : OJ L 316 14.11.2012, p. 0034
| Amendments | Dossier |
| 16 |
2011/0434(COD)
2012/03/05
PECH
14 amendments...
Amendment 13 #
Proposal for a regulation Recital 2 a (new) (2a) The Union should be able to refuse the importation of fish coming from a State that has tabled an objection to a management or conservation measure in an RFMO, while recognising that such possibilities would be reciprocal.
Amendment 14 #
Proposal for a regulation Recital 5 (5) In addition, it is necessary to define the type of measures that may be taken with regard to countries allowing non- sustainable fishing and to establish general conditions for the adoption of such measures so they are based on objective criteria, equitable, proportionate, cost- effective and compatible with international law, in particular the Agreement establishing the World Trade Organization.
Amendment 15 #
Proposal for a regulation Recital 6 (6) Such measures should aim at removing incentives for the fleets of the country allowing non-sustainable fishing to fish on the stock of common interest. This can be achieved by, for example, limiting trade in order to protect fish stocks, restricting imports of fish products caught by vessels conducting fisheries on a stock of common interest under the responsibility of a country allowing non-sustainable fishing, restricting the provision of port services to those vessels, or avoiding that Union fishing vessels or Union fishing equipment may be used for fishing the stock of common interest under the responsibility of the country allowing non-sustainable fishing
Amendment 16 #
Proposal for a regulation Recital 8 (8) In order to ensure that the envisaged measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, it is necessary that the adoption of such measures be preceded by an evaluation of their expected environmental, trade, economic and social effects.
Amendment 17 #
Proposal for a regulation Recital 8 (8) It is necessary that the adoption of such measures be preceded by an evaluation of their expected environmental, trade, economic and social effects and that this be communicated to the European Parliament and to the Council as soon as it is available in the Commission.
Amendment 18 #
Proposal for a regulation Recital 9 (9) The measures adopted pursuant to this Regulation should cease to apply whenever the country allowing non-sustainable fishing has adopted the necessary
Amendment 19 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) ‘stock of common interest’ means a fish stock whose geographical distribution makes it available to the fleets of both Member States and third countries and whose management requires the cooperation between these third countries and the Union, or a fish stock managed under RFMOs to which the Union is a contracting party;
Amendment 20 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) it fails to cooperate with the Union in the management of a stock of common interest in full accordance with the provisions of the United Nations Convention on the Law of the Sea or of the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995, or it does not comply with historical catches when stocks are shared between coastal states under bilateral agreements, and
Amendment 21 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) has adopted such measures without due regard to the rights, interests and duties of others including the European Union, and those fishery management measures lead to fishing activities which would lead the stock below the levels that can produce maximum sustainable yield, when considered in conjunction with measures taken by the Union either autonomously or in cooperation with other countries, or (c) has failed or refused to adopt the management measures approved within the RFMO that manages the stock.
Amendment 22 #
Proposal for a regulation Article 4 – paragraph 1 – point d (d) impose quantitative restrictions o
Amendment 23 #
Proposal for a regulation Article 4 – paragraph 1 – point e (e) impose restrictions o
Amendment 24 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) compatible with the obligations imposed by international agreements to which the Union is a party - in particular the Agreement establishing the World Trade Organisation - and any other relevant
Amendment 25 #
Proposal for a regulation Article 5 – paragraph 4 4. In adopting measures in accordance to this Regulation, the Commission shall, in order to ensure that the envisaged measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, evaluate the environmental, trade, economic and social effects of those measures in the short and long terms and the administrative burden associated to
Amendment 26 #
Proposal for a regulation Article 6 – paragraph 3 3. Prior to adopting measures pursuant to Article 4, the Commission shall provide the third country concerned with a reasonable opportunity to respond to the notification in writing and to remedy the situation within four months of receiving the notification.
source: PE-483.785
2012/03/07
DEVE
2 amendments...
Amendment 4 #
Proposal for a regulation Citation 3 a (new) - Having regard to the 1995 Agreement for the Implementation of the Provision of the 1982 United Nations Convention on Law of the Sea relating to Straddling Fish Stocks and Highly Migratory Fish Stocks,
Amendment 5 #
Proposal for a regulation Recital 5 (5) In addition, it is necessary to define the type of measures that may be taken with regard to countries allowing non- sustainable fishing and to establish general conditions for the adoption of such measures so they are based on objective criteria, equitable, cost-effective and compatible with international law, in particular the Agreement establishing the World Trade Organization. These measures should take particular account of the level of development and the vulnerability of the country concerned, to ensure that developing states are eligible for financial assistance as provided for in the 1995 Agreement for the Implementation of the Provisions of the 1982 United Nations Convention on the Law of the Sea relating to Straddling Fish Stocks and Highly Migratory Fish Stocks in order to fulfil conservation measures.
source: PE-483.845
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