Awaiting committee decision
Next event: Indicative plenary sitting date, 1st reading/single reading 2016/03/08
Role | Committee | Rapporteur | Shadows |
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Opinion | ENVI | AFFRONTE Marco (EFD) | |
Opinion | ENVI | ||
Lead | PECH | BRIANO Renata (S&D) | WAŁĘSA Jarosław (EPP), TOMAŠIĆ Ruža (ECR), NICOLAI Norica (ALDE), HAZEKAMP Anja (GUE/NGL), ENGSTRÖM Linnéa (Verts/ALE), AFFRONTE Marco (EFD) |
Lead | PECH |
Legal Basis TFEU 043-p2
Activites
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2016/03/08
Indicative plenary sitting date, 1st reading/single reading
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2014/07/03
Committee referral announced in Parliament, 1st reading/single reading
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2014/05/14
Legislative proposal published
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COM(2014)0265
summary
PURPOSE: a full prohibition to take on board or use any kind of driftnets as of 1 January 2015 in all EU waters. PROPOSED ACT: Regulation of the European Parliament and Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council. BACKGROUND: following concerns about the environmental impact of large-scale driftnets bigger than 2.5 km, that resulted in significant amounts of incidental mortality of protected species, the United Nations General Assembly adopted in 1989, 1990 and 1991 three resolutions in favour of a moratorium on large-scale pelagic driftnet fishing on the high seas. In the early 90s, following the United Nations General Assembly resolutions, the EU developed legislation on driftnets fisheries. Consequently, · the keeping on board or use of driftnets longer than 2.5 km is prohibited in the EU since June 1992 (except in the waters of the Baltic Sea, the Belts and the Sound); · since 2002 all driftnets, no matter their size, are prohibited when intended for the capture of unauthorized species; · it is also prohibited to land unauthorized species which have been caught in driftnets. The current EU legislative framework on driftnets has however shown weaknesses since the rules have proved to be easy to circumvent and ineffective in meeting the conservation concerns linked to this type of fishing. Despite these provisions on driftnets, the illegal use of driftnets continues to be reported in EU waters. Serious non-compliance by some Member States has also been addressed by two rulings of the European Court of Justice against France (C-556/07; C-479/07) and Italy (C-249/08). Against this background, it is clear that serious environmental and conservation concerns linked to the use of these fishing gears still persist. This is why the Commission intends to address this situation and to comply with EU international obligations to properly regulate driftnet fisheries. IMPACT ANALYSIS: the Commission’s preferred option is a total ban of driftnet fisheries as it satisfies to the largest extent the relevance, effectiveness, efficiency and coherence criteria while providing the best result in terms of environmental impact and less administrative burden. This option is supported by more than 52% of the respondents to the public consultation including fishermen associations and NGOs. CONTENT: the proposal for a Regulation aims to introduce: · a full prohibition to take on board or use any kind of driftnets as of 1 January 2015, applicable to all EU vessels and in all EU waters; · a revised and more comprehensive definition of driftnets, to close any possible loophole in the existing legislation. For reasons of clarity of Union legislation, it is also necessary to delete all other provisions related to driftnets by amending Council Regulation (EC) No 850/98, Regulation (EC) No 812/2004, Regulation (EC) No 2187/2005 and Council Regulation (EC) No 1967/2006, and repealing Regulation (EC) No 894/97.
- DG {'url': 'http://ec.europa.eu/dgs/maritimeaffairs_fisheries/', 'title': 'Maritime Affairs and Fisheries'}, VELLA Karmenu
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COM(2014)0265
summary
Documents
- Legislative proposal published: COM(2014)0265
Amendments | Dossier |
58 |
2014/0138(COD)
2014/11/10
ENVI
58 amendments...
Amendment 19 #
Proposal for a regulation – The Committee on the Environment, Public Health and Food Safety calls on the Committee on Fisheries, as the committee responsible, to propose rejection of the proposal for a regulation of the European Parliament and of the Council laying down a prohibition on driftnet fisheries, amending Council Regulations (EC) No 850/98, (EC) No 812/2004,(EC) No 2187/2005 and (EC) No 1967/2006 and repealing Council Regulation (EC) No 894/97.
Amendment 20 #
Proposal for a regulation – The Committee on the Environment, Public Health and Food Safety calls on the Committee on Fisheries, as the committee responsible, to propose rejection of the proposal for a regulation of the European Parliament and of the Council laying down a prohibition on driftnet fisheries, amending Council Regulations (EC) No 850/98, (EC) No 812/2004, (EC) No 2187/2005 and (EC) No 1967/2006 and repealing Council Regulation (EC) No 894/97.
Amendment 21 #
Proposal for a regulation Title Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
Amendment 22 #
Proposal for a regulation Recital 3 (3) The Common Fisheries Policy should contribute to the protection of the marine environment, to the sustainable management of all commercially exploited species,
Amendment 23 #
Proposal for a regulation Recital 3 a (new) (3a) The incidental catching and killing of protected species, in particular cetaceans, should be addressed in a comprehensive manner across all fisheries and gear types in view of the strict level of protection they are afforded under Council Directive 92/43/EEC, their high level of vulnerability and the obligation to achieve a good environmental status by 2020. To this end, an overarching legislative framework for ensuring the effective protection of cetaceans should be proposed by the Commission.
Amendment 24 #
Proposal for a regulation Recital 10 (10) The current Union legislative framework on driftnets has shown weaknesses and loopholes in that rules proved easy to circumvent and ineffective in terms of addressing the con
Amendment 25 #
Proposal for a regulation Recital 10 (10) The current Union legislative framework on driftnets has shown weaknesses and loopholes in that rules proved easy to circumvent and ineffective in terms of addressing the conservation concerns linked to this fishing gear. All existing loopholes should be eradicated in order to ensure that no form of driftnet fishing is used for catching highly migratory species.
Amendment 26 #
Proposal for a regulation Recital 11 Amendment 27 #
Proposal for a regulation Recital 11 Amendment 28 #
Proposal for a regulation Recital 11 (11) The driftnet fishing is carried out by a
Amendment 29 #
Proposal for a regulation Recital 11 (11) The driftnet fishing is carried out by an undefinable number of small-scale multipurpose fishing vessels, the vast majority of which operating without any regular scientific and control monitoring. Due to the small scale nature of these fishing activities, which makes it easy to escape monitoring, the control and enforcement efforts have not produced the necessary results in terms of conservation of marine resources, in particular with regard to certain protected species. That is why it is important, alongside monitoring measures, to add awareness-raising and information-related activities regarding the need to introduce new measures for sustainable fisheries.
Amendment 30 #
Proposal for a regulation Recital 13 (13) Moreover, the driftnet fishing by operating close to or at the water surface continues to be cause of high concern for incidental takings of air-breathing animals
Amendment 31 #
Proposal for a regulation Recital 15 (15) The ecosystem-based approach to fisheries management makes it a requirement that negative impacts of fishing activities on
Amendment 32 #
Proposal for a regulation Recital 15 a (new) (15a) A total ban on small-scale driftnet fisheries could potentially have very negative social and economic impacts on local coastal communities and on small- scale sustainable driftnet fisheries, which is carried out in accordance with ancient traditions and fishing techniques. The lack of scientific data does not enable these social and economic impacts to be accurately evaluated or the impact of small-scale driftnet fisheries on protected species to be assessed.
Amendment 33 #
Proposal for a regulation Recital 15 b (new) (15c) In order to regulate small-scale driftnet fisheries in a consistent manner, consideration should be given to all specific regional features and specific small-scale coastal activities in the European Union.
Amendment 34 #
Proposal for a regulation Recital 16 Amendment 35 #
Proposal for a regulation Recital 16 (16) In view of the reasons stated above and in order to properly address the conservation concerns that this fishing gear continues to cause, as well as to achieve the environmental and enforcement objectives in an effective and efficient manner, while taking into account the minimal socio-economic impacts, it is necessary to
Amendment 36 #
Proposal for a regulation Recital 16 (16) In
Amendment 37 #
Proposal for a regulation Recital 16 (16) In view of the reasons stated above and in order to properly address the conservation concerns that this fishing gear continues to cause, as well as to achieve the environmental and enforcement objectives in an effective and efficient manner, while taking into account the minimal socio-economic impacts, it is necessary to introduce a
Amendment 38 #
Proposal for a regulation Recital 16 (16) In view of the reasons stated above and in order to properly address the conservation concerns that this fishing gear continues to cause, as well as to achieve the environmental and enforcement objectives in an effective and efficient manner,
Amendment 39 #
Proposal for a regulation Recital 16 (16) In view of the reasons stated above and in order to properly address the conservation concerns that this fishing gear continues to cause, as well as to achieve the environmental and enforcement objectives in an effective and efficient manner, while taking into account the minimal socio-economic impacts, it is necessary to introduce a full prohibition to take on board or use any kind of driftnets in all Union waters and by all Union vessels whether they operate within Union waters or beyond, as well as by non-Union vessels in Union waters. After a period of five years from the entry into force of this Regulation, the European Commission should review the effectiveness of the legislation in all areas in order to ensure, inter alia, that no new methods of circumvention have been developed.
Amendment 40 #
Proposal for a regulation Recital 16 a (new) (16a) The prohibition shall not affect sustainable fishing gear such as the ‘xeito’, regulated by rules applied under exclusively held fisheries management powers, as in the case of Galicia, which has its own powers to regulate small-scale fishing and shellfishing gear, based on the legal acquis regulating the internal waters of its estuaries. The Commission shall guarantee the principle of subsidiarity.
Amendment 41 #
Proposal for a regulation Recital 16 a (new) (16a) It is clear that with economic activity in the EU slowing down, restricting activity in certain sectors would accentuate the depression, particularly for small and medium-sized enterprises that are more sensitive to changes in legislation and do not have the financial resources necessary to renew their working methods.
Amendment 42 #
Proposal for a regulation Recital 16 b (new) (16b) With a view to drawing up any new legislation, an impact assessment needs to be carried out providing a short- and long-term simulation with regard to the fishing activities of small and medium- sized enterprises in the EU.
Amendment 43 #
Proposal for a regulation Recital 17 Amendment 44 #
Proposal for a regulation Recital 17 Amendment 45 #
Proposal for a regulation Recital 18 Amendment 46 #
Proposal for a regulation Recital 18 Amendment 47 #
Proposal for a regulation Recital 18 (18) Vessels carrying out fisheries with small-scale driftnets
Amendment 48 #
Proposal for a regulation Recital 18 (18) Vessels carrying out fisheries with small-scale driftnets may need some time to adjust to the new situation and necessitate a phasing-out period. Th
Amendment 49 #
Proposal for a regulation Recital 18 (18) Vessels carrying out fisheries with small-scale driftnets may need some time to adjust to the new situation and necessitate a
Amendment 50 #
Proposal for a regulation Recital 18 a (new) (18a) The new situation could have negative socio-economic impacts that it is not yet possible to assess accurately, due to the lack of scientific data on local coastal communities. A substantial part of the European Maritime and Fisheries Fund should therefore be earmarked to support fishermen in their transition towards new, more selective and sustainable fishing gear.
Amendment 51 #
Proposal for a regulation Recital 18 a (new) (18a) Article 18 of Regulation (EU) 1380/2013 reformed the Common Fisheries Policy on the basis of the principles of regionalisation and subsidiarity. This approach is an essential component of the new CFP and is positively viewed by Member States and industry experts as vital to successfully tackling the main challenges faced by Europe's fishermen.
Amendment 52 #
Proposal for a regulation Recital 18 b (new) (18b) Accordingly, any ban on the use of driftnets should fully take account of the heightened role of Regional Advisory Councils and should be supported by a full and accurate impact assessment, complete with robust data demonstrating precisely where the use of driftnets continues to pose a significant environmental problem. To date, such a comprehensive impact assessment has yet to be carried out. As a result, implementing a universal ban on driftnet fisheries throughout all EU waters would run in stark contradiction to the Commission's previously stated commitment of promoting an agenda of regionalisation and subsidiarity.
Amendment 53 #
Proposal for a regulation Recital 18 c (new) (18c) One of the principal justifications for introducing a blanket ban on driftnet fisheries throughout EU waters is that the current rules have been easily circumvented. These rules should be more stringently enforced. Furthermore, regulations relating to gear characteristics (maximum mesh size, maximum twine thickness and hanging ratio etc.) and use (maximum distance from the coast, soaking time and fishing season etc.) will be amended next year in the overhaul of technical measures. Pre- empting this process with a universal ban on driftnets is disproportionate and unreasonable.
Amendment 54 #
Proposal for a regulation Recital 18 d (new) (18d) The significant efforts made by many European driftnet fisheries businesses to embrace sustainable environmental management, and achieve accreditation by bodies such as the UK's Marine Stewardship Council, should be recognised, applauded and, by implication, supported by any relevant Union legislation.
Amendment 55 #
Proposal for a regulation Recital 18 e (new) (18e) The Commission stresses that the precautionary principle and an ecosystem-based approach should be taken when regulating the use of driftnet fisheries in EU waters. However, certain fishermen have already met these standards and should not be punished accordingly.
Amendment 56 #
Proposal for a regulation Recital 18 f (new) (18f) In the event that sustainability accreditation has been achieved, such driftnet fisheries should be exempt from any proposed ban on the use of driftnets. Where fisheries fail to achieve such accreditation, yet continue to use large- scale driftnet practices, firmer enforcement of existing regulations is required.
Amendment 57 #
Proposal for a regulation Article 2 – paragraph 1 Amendment 58 #
Proposal for a regulation Article 2 – paragraph 2 2. In addition,
Amendment 59 #
Proposal for a regulation Article 2 a – introductory part and point 1 (new) Regulations (EC) No 894/97 Article 11 – paragraph 1 Article 2a Amendment of Regulation (EC) No 894/97 Regulation (EC) No 894/97 shall be amended as follows: (1) Article 11, paragraph 1 is replaced by the following: ‘1.
Amendment 60 #
Proposal for a regulation Article 2 a – point 2 (new) Regulations (EC) No 894/97 Article 11 a Amendment 61 #
Proposal for a regulation Article 2 a – point 3 (new) (3) The following Article is inserted: 'Article 11a 1. From 1 June 2015, it shall be prohibited to catch any marine biological resource with driftnets and to keep any kind of driftnet on board of fishing vessels. 2. By way of derogation from paragraph 1, Member States may, until 31 May 2017, allow the continuation of current driftnet fishing activities, without prejudice to Article 11(2) and Article 11a of this Regulation and Article 9 of Council Regulation (EC) No 2187/2005*. From 1 June 2017, the continuation of current driftnet fishing activities shall only be permitted if authorised by the Commission. Member States shall apply to the Commission for such authorisation by 31 December 2015. The application shall be made publically available and include the following: – an inventory of the types of driftnets used and a definition of those types; – the period in each year during which driftnets are used; – a list of fishing vessels using driftnets; – a comprehensive study on driftnet fishing in the Member State concerned, covering at least the three years preceding the application and including, at least, information concerning the target species, by-catch, discard, area covered, and time period; and – a thorough assessment of the impact of the current use of driftnets on the marine environment and on marine biological resources, including targeted and bycatch species. 3. The Commission shall decide on any requests for authorisation by 30 November 2016 at the latest. It shall only authorise the continuation of current driftnet fishing activities where there is sufficient evidence that the type of driftnet fisheries in question has no impact on protected and unauthorised species. 4. Following a refusal of authorisation, Member States shall, where appropriate, recommend measures to alleviate significant adverse socio- economic impacts on coastal communities.’
Amendment 62 #
Proposal for a regulation Article 2 – point 3 (new) Regulations (EC) No 894/97 Article 11 a a (new) Amendment 63 #
Proposal for a regulation Article 2 a – point 3 (new) Amendment 64 #
Proposal for a regulation Article 3 Amendment 65 #
Proposal for a regulation Article 3 Amendment 66 #
Proposal for a regulation Article 3 Amendment 67 #
Proposal for a regulation Article 3 Amendment 68 #
Proposal for a regulation Article 3 – paragraph 1 – point a a)
Amendment 69 #
Proposal for a regulation Article 3 – paragraph 1 – point b Amendment 70 #
Proposal for a regulation Article 3 – paragraph 1 – a (new) Small-scale driftnet fisheries are exempted from the ban for a period of five years.
Amendment 71 #
Proposal for a regulation Article 3 – paragraph 1 a (new) Small scale fisheries which use traditional methods are exempted from this prohibition, unless it is proven that their activity is harmful for biodiversity.
Amendment 72 #
Proposal for a regulation Article 3 a (new) Article 3a Conservation measures As a complement to Regulation (EC) No 894/97, the Member States may adopt conservation measures in accordance with Article 19 of Regulation (EU) No 1380/2013 with a view to restricting the use of driftnets.
Amendment 73 #
Proposal for a regulation Article 3 a (new) Article 3a Reports The Commission shall, by 31 December 2016 at the latest, present a scientific report to the Council and the Parliament assessing the impact of driftnets on protected and endangered species, accompanied if necessary by a proposal to the Council and the Parliament to prohibit driftnets in fisheries where environmental damage is caused by their use. The study shall include an analysis of the socioeconomic impact of eliminating these nets.
Amendment 74 #
Proposal for a regulation Article 5 Amendment 75 #
Proposal for a regulation Article 6 – paragraph 1 This Regulation shall enter into force on
Amendment 76 #
Proposal for a regulation Article 6 – paragraph 1 This Regulation shall enter into force on 1 J
source: 541.599
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