2014/0138(COD) | [ParlTrack]

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 ~~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~~on carrying out impact assessments on driftnet fisheries, and studies on the state of fish stocks in European fisheries

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, ~~and in particular~~ to the achievement of good environmental status by 2020, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council7, and to maintaining local and national fishing activities, in particular for small and medium-sized enterprises. __________________ 7 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).

Amendment 23 #

Giorgos GRAMMATIKAKIS

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 #

Lorenzo FONTANA

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 conscer~~vation concerns linked to this fishing gear~~ns aroused by the use of this fishing gear in relation to the fair and sustainable maintenance of fishery resources.

Amendment 25 #

Sirpa PIETIKÄINEN

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

(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.deleted

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~~n undefinable~~ certain number of small-scale multipurpose fishing vessels, ~~the vast majority of which~~in some cases 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 conservationSome types of fishing gear, such as the ‘xeito’ are used to fish sustainably with low temporal and spatial impact, as in the case of msardine ~~resources, in particular with regard to certa~~fishing, and with low impact on fishing p~~rotected specie~~atterns.

Amendment 29 #

Lorenzo FONTANA

Proposal for a regulation
Recital 11

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 such as marine mammals, sea turtles and sea birds, which are mostly classified as species to be strictly protected under Union legislation. However, no incidental captures of these strictly protected species take place when the small-scale ‘xeito’ gear is used, owing to the size of the net.

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 ~~the~~ marine ecosystems be minimised and unwanted catches be avoided and reduced to the extent possible, whilst ensuring that fishing activities are sustainable, in particular where the EU’s small and medium-sized enterprises are concerned.

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

Amendment 36 #

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 dr~~a scientific report on the environmental impact of using driftnets must be drafted by 31 December 2016, accompanied ift ne~~ts in all Union waters and by all Union vessel~~cessary by a proposal that such nets be banned in fisheries whe~~the~~re they ~~operate within Union waters or beyond, as well as by non-Union vessels in Union water~~cause damage to protected and endangered species. The proposal shall also be accompanied by a socio-economic analysis of the importance to the local population of using these nets.

Amendment 37 #

Proposal for a regulation
Recital 16

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, ~~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. In order to avoid disproportionate socio- economic impacts, Member States should be able to derogate from the full prohibition and allow the continuation of certain current driftnet fishing activities for a certain period of time, while collecting data on those activities and on the socio-economic impacts of that prohibition on coastal communities and on small-scale fishing. Once that period has elapsed, the continuation of current driftnet fishing activities should only be permitted if authorised by the Commission upon application by the Member State concerned. The Commission should evaluate the data submitted by the Member State and, taking account of the specific features of regional fisheries, only authorise the driftnet fishing activity in question where it is convinced that it has no harmful impact on protected and unauthorised species.

Amendment 39 #

Sirpa PIETIKÄINEN

Proposal for a regulation
Recital 16

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

(17) 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 850/9812, Regulation (EC) No 812/2004, Regulation (EC) No 2187/2005 and Council Regulation (EC) No 1967/200613, and repealing Regulation (EC) No 894/97. __________________ 12 Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1). 13 Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 409, 30.12.2006, p. 11).deleted

Amendment 44 #

Proposal for a regulation
Recital 17

(17) 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 850/9813, Regulation (EC) No 812/2004, Regulation (EC) No 2187/2005 and Council Regulation (EC) No 1967/200614, and repealing Regulation (EC) No 894/97. __________________ 13 Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1). 14Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 409, 30.12.2006, p. 11);deleted

Amendment 45 #

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. This Regulation should therefore enter into force on 1 January 2015.deleted

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 ~~may need some time to adjust to the new situation and necessitate a phasing-out period. This Regulation should therefore enter into force on 1 January 2015~~which are harmful to strictly protected species and/or which do not prevent the incidental capture of unauthorised species may need some time to adjust to the new situation and necessitate a phasing-out period. Vessels engaged in small-scale fishing with driftnets which are not harmful to protected species, such as the small-size ‘xeito’ net, may continue operating in European waters.

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~~is Regulation should therefore enter into force on 1 January~~e full prohibition of small-scale driftnet fisheries should therefore apply from 1 June 2015.

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 ~~phasing-out~~transition period. This Regulation should therefore enter into force on 1 January 2015.

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

1. For the purpose of this Regulation the definitions set out in Article 4(1) of Regulation (EU) No 1380/2013 shall apply. 2. In addition, a 'driftnet' means a net made up of one or more walls of netting, hung jointly in parallel on the headline(s), held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift such as a sea-anchor or an anchor on the bottom attached at one single end of the net.Article 2 deleted Definition

Amendment 58 #

Proposal for a regulation
Article 2 – paragraph 2

2. In addition, a ‘driftnet’ means a ~~net made up of one or more walls of netting, hung jointly in parall~~ny gillnet held on the ~~headline(s), held~~surface onf the ~~water surface~~sea or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift ~~such as a sea-anchor or an anchor on the bottom attached at one single end of the net~~.

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. “"Drift net”" means: a~~ny gillnet~~ net made up of one or more walls of netting, hung jointly in parallel on the headline(s), held on the sea surface or at a certain distance below ithe surface by floating devices, and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift., such as a sea-anchor or an anchor on the bottom attached at one single end of the net.’

Amendment 60 #

Proposal for a regulation
Article 2 a – point 2 (new)

Regulations (EC) No 894/97
Article 11 a

~~1. From 1 January 2002, n~~(2) Article 11a shall be replaced by the following: ‘1. No vessel may keep on board, or use for fishing, one or more drift-nets intended for the capture of species listed in Annex VIII. 2. ~~From 1 January 2002, i~~It is prohibited to land species listed in Annex VIII which have been caught in drift-nets. 3. Until 31 December 2001, a vessel may keep on board, or use for fishing, one or more drift-nets referred to in paragraph 1 after receiving authorisation from the competent authorities of the flag Member State. In 1998, the maximum number of vessels which may be authorised by a Member State to keep on board, or use for fishing, one or more driftnets shall not exceed 60 % of the fishing vessels which used one or moreAs from 1 June 2015 it shall be prohibited for fishermen to keep on board fishing gears other than driftnets. 4. In the Mediterranean Sea, from 1 June 2015, no vessel may keep on board, or use for fishing, driftnets with a mesh size larger than 50 mm. 5. In the Mediterranean Sea, from 1 June 2015, fishing with drift-nets ~~during the period 1995 to 1997. 4. Member States shall communicate to the Commission for each target species by 30 April of each year, the list of vessels authorised to carry out fishing activities us~~known in Italian as ‘ferrettara’, shall be permitted only if it complies with the following criteria: - with driftnets with a mesh size smaller than 50 mm; - with driftnets shorter than 400 m; - with vessels measuring less than 7 metres long; - if the fishing activity takes place withing th~~e drift-nets referred to in paragraph 3; for 1998, the information shall be sent not later than 31 July 1998.~~ ree miles of the coast; and - for a maximum period of use of six months per year.’

Amendment 61 #

Giorgos GRAMMATIKAKIS

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)

(3) The following Article shall be inserted: ‘Article 11aa 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 1 June 2016. The application shall 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; - a comprehensive study on the impact of the current use of driftnets on protected species under Union legislation and unauthorised species as listed in Annex VIII; and - a socio-economic study on the impact on local communities of a ban on each type of driftnet to be allowed. 3. Each Member State, taking into account the socio-economic studies on the impact on local communities of a ban on each type of driftnet for which authorisation has been requested, shall submit a plan regarding the allocation of resources from the European Maritime and Fisheries Fund in order to support fishermen in their transition towards new, more selective and sustainable fishing gear. The plan must become operational as soon as possible to enable the fishing gear to be replaced before the total prohibition of driftnets enters into force. 4. The Commission, taking into account specific regional features and small-scale activities, 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 it is convinced that the type of driftnet fisheries in question has no harmful impact on protected and unauthorised species.’

Amendment 63 #

Giovanni LA VIA

Proposal for a regulation
Article 2 a – point 3 (new)

(3) The following Article is inserted: ‘Article 11a a 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 2020, 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 2020, 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 1 June 2019. The application shall 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; – a comprehensive study on the impact of the current use of driftnets on protected species under Union legislation and unauthorised species as listed in Annex VIII; – a socio-economic study on the impact on local communities of a ban on each type of driftnet to be allowed. 3. The Commission shall decide on any requests for authorisation by 30 November 2019 at the latest. –––––––––––––––––––– * Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98 (OJ L 349, 31.12.2005, p. 1).

Amendment 64 #

Proposal for a regulation
Article 3

~~It shall be prohibited: (a) to catch any marine biological resource with driftnets; and (b) to keep any kind of driftnet on board of fishing vessel~~Article 3 deleted Prohibition of driftnets

Amendment 65 #

Proposal for a regulation
Article 3

~~a) to catch any marine biological resource with driftnets; and b) to keep any kind of driftnet on board of fishing vessels~~Article 3 deleted Prohibition of driftnets It shall be prohibited:

Amendment 66 #

Proposal for a regulation
Article 3

~~It shall be prohibited: a) to catch any marine biological resource with driftnets; and b) to keep any kind of driftnet on board of fishing vessel~~Article 3 deleted Prohibition of driftnets

Amendment 67 #

Proposal for a regulation
Article 3

~~It shall be prohibited: (a) to catch any marine biological resource with driftnets; and (b) to keep any kind of driftnet on board of fishing vessel~~Article 3 deleted Prohibition of driftnets

Amendment 68 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

a) tTo catch any marine biological resource with driftnets whose mesh size is over 50 mm; and

Amendment 69 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

~~b) to keep any kind of driftnet on board of fishing vessels~~deleted

Amendment 70 #

Stefan ECK

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 #

Teresa RODRIGUEZ-RUBIO

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

~~Regulation (EC) No 894/97 is r~~Article 5 deleted Repeal~~ed.~~

Amendment 75 #

Proposal for a regulation
Article 6 – paragraph 1

This Regulation shall enter into force on ~~1 January 2015~~the twentieth day following that of its publication in the Official Journal of the European Union.

Amendment 76 #

Giovanni LA VIA

Proposal for a regulation
Article 6 – paragraph 1

This Regulation shall enter into force on 1 J~~anuary~~une 2015.

source: 541.599

2015/03/13 PECH 148 amendments...

Amendment 100 #

Proposal for a regulation
Article 3 – title

~~Prohibition~~Regulation of the use of driftnets

Amendment 101 #

Proposal for a regulation
Article 3 – paragraph 1 – introductory part

~~It shall be prohibited:~~ 1. The driftnets permitted for commercial fishing of the species targeted shall be those defined and established under this Regulation. 2. Use of authorised driftnets shall take account of closed seasons or restricted seasons for the catch species or the provisional suspension of fishing activities in certain areas for biological or other reasons.

Amendment 102 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

~~a) to catch any marine biological resource with driftnets; an~~deleted

Amendment 103 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) to catch any marine biological resource with driftnets~~; and~~ longer than 2.5 kilometre;

Amendment 104 #

Ulrike RODUST, Gesine MEISSNER, Nils TORVALDS

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) to catch any marine biological resource with driftnets as far as large fish processing vessels, otherwise called factory ships, are concerned; and

Amendment 105 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) to ~~catch any marine biological resource with driftnet~~use driftnets longer than 1000 metres; and

Amendment 106 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

a) to ~~catch any marine biological resource with driftnet~~use driftnets longer than 2 500 metres; and

Amendment 107 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

a) to ~~catch any marine biological resource with driftnets; and~~use driftnets longer than 2 500 metres;

Amendment 108 #

Ricardo SERRÃO SANTOS, Richard CORBETT

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) to ~~catch any marine biological resource with driftnets; and~~use driftnets longer than 1000 metres;

Amendment 109 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) to ~~catch any marine biological resource with driftnet~~use driftnets longer than 1000 metres; and

Amendment 110 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

~~(b) to keep any kind of driftnet on board of fishing vessels~~deleted

Amendment 111 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

~~b) to keep any kind of driftnet on board of fishing vessels~~deleted

Amendment 112 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

~~b) to keep any kind of driftnet on board of fishing vessels~~deleted

Amendment 113 #

Ulrike RODUST, Gesine MEISSNER, Nils TORVALDS

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) to keep any kind of driftnet on board of ~~fishing~~the aforementioned vessels

Amendment 114 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) to ~~keep any kind of~~carry on board of fishing vessels driftnets o~~n board of fishing vessels~~f an aggregate length exceeding 1000 metres. The total length of several driftnets shall not exceed 1000 metres.

Amendment 115 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

b) to keep ~~any kind of driftnet~~ on board of fishing vessels driftnets exceeding the length specified in point (a)

Amendment 116 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

b) to keep ~~any kind of driftnet~~ on board of fishing vessels driftnets exceeding 2 500 metres in length

Amendment 117 #

Ricardo SERRÃO SANTOS, Richard CORBETT

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) to ~~keep any kind of~~carry on board of fishing vessels driftnets o~~n board of fishing vessels~~f an aggregate length exceeding 1000 metres;

Amendment 118 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) to ~~keep any kind of~~carry on board of fishing vessels driftnets o~~n board of fishing vessel~~f an aggregate length exceeding 1000 metres

Amendment 119 #

Ivan JAKOVČIĆ

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

(ba) For small driftnets the above prohibition shall apply from 1 January 2018.

Amendment 120 #

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

ba) Fishing vessels equipped with driftnets less than 1000 metres in total length and engaged in traditional, or small-scale fishing activities on a sustainable basis, shall be accorded concessions so as to ensure their survival as unique models of sustainable social, economic and environmental development, exempting them from any requirements preventing or restricting their normal activities.

Amendment 121 #

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

ba) small-scale fishing such as that involving the use of 'xeito' and 'sardinal' gear shall be exempted.

Amendment 122 #

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

(ba) within the Mediterranean Sea, to store, transport, keep on board or use driftnets longer than 500 metres or with a mesh size exceeding 50 mm or used by fishing vessels longer than 10 metres or used beyond the three-mile limit;

Amendment 123 #

David Maria SASSOLI

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

(ba) Fisheries using driftnets that are not prohibited under Article 3 shall be carried out in such a way as to ensure that: (i) catches of, and other harm to, protected species are avoided; (ii) catches of unwanted species are kept to a minimum, thus maintaining the sustainability of the marine environment; (iii) undertakings and workers that practise sustainable fishing are protected.

Amendment 124 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. Impact assessments on driftnet fisheries, and studies on the state of fish stocks in European fisheries, should be carried out without delay.

Amendment 125 #

Ian DUNCAN, Julie GIRLING

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. The prohibition shall not apply to small-scale fishing activity using traditional fishing gear regulated under exclusive inshore fishery provisions and subject to technical conservation, management and responsible exploitation requirements, ensuring the rational exploitation of marine fishery resources.

Amendment 126 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. Before the prohibition of any type of driftnet, the European Parliament shall carry out a detailed impact assessment by driftnet type.

Amendment 127 #

Renata BRIANO, Richard CORBETT, Ricardo SERRÃO SANTOS, David Maria SASSOLI

Proposal for a regulation
Article 3 a (new)

Amendment 128 #

Ulrike RODUST, Gesine MEISSNER, Nils TORVALDS, Renata BRIANO

Proposal for a regulation
Article 3 a (new)

Article 3a Objectives for driftnet fisheries Fisheries using driftnets that are not prohibited under Article 3 shall be carried out in such a way to ensure that: (a) catches of, and harm to, protected species as listed in the annexes of the Habitats and Birds Directives are avoided; and (b) unwanted catches are minimised; and (c) the mesh size, length and height of driftnets are ensured for increased selectivity and to minimise the negative impact on the ecosystem.

Amendment 129 #

Proposal for a regulation
Article 3 a (new)

Article 3a Boat size and engine power 1. Newly built commercial driftnet fishing vessels shall have a minimum tonnage of 1.5 GT and an overall length of at least 5 metres. 2. The maximum authorised driftnet fishing tonnage shall be 50 GRT or 52 GT. 3. The maximum length of driftnet fishing vessels shall be no more than 15 metres between perpendiculars or 18 metres overall. 4. The maximum engine capacity of driftnet fishing vessels shall be 270 horsepower (HP), subject to restrictions regarding the organisation of the fishing sector and adjustment to the European Fisheries Fund, or those laid down in the instrument replacing or amending them.

Amendment 130 #

Proposal for a regulation
Article 3 a (new)

Article 3a Conditions for the use of driftnets 1. The master of a fishing vessel using one or more driftnets shall ensure that: (a) the net is watched at all times during fishing activity; (b) each extremity of the driftnet is marked in a visible manner so that its position can be determined at any time. The driftnets must be permanently marked with the registration letter(s) and number of the vessel to which they belong. 2. Article 14 of Regulation (EC) No 1224/2009 notwithstanding, the master of a vessel using one or more driftnets shall record the following information in a logbook, or its equivalent, e.g. a fishing form, where such already exists, on a daily basis: (a) the total length of the driftnets on board; (b) the total length of the driftnets used by fishing trip; (c) the quantity of each cetacean, reptile and seabird species caught during each fishing operation; (d) the quantity of each species held on board; (e) the date and position of such catches. In accordance with point (e) of Article 7(1) of Regulation (EC) No 1224/2009, all vessels, regardless of their length, using one or more driftnets shall be required to have prior authorisation to fish, issued by the competent authority of the flag state.

Amendment 131 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ

Proposal for a regulation
Article 3 a (new)

Article 3a Driftnet fishing targets Small-scale driftnet fishing for pelagic species not prohibited under Article 3 shall be carried out in such a way as to: a) prevent the capture of, or any injury to, protected species and b) minimise catches of unwanted species. The fishing vessels used shall be eligible for European Maritime and Fisheries Fund assistance to develop and implement innovative selection systems designed to meet the above targets.

Amendment 132 #

Proposal for a regulation
Article 3 a (new)

Article 3a Conditions for fishing with driftnets 1. Vessels engaged in driftnet fishing may not use simultaneously another type of gear and any other gear on board shall be stowed and secured as stipulated under Article 47 of Regulation (EC) N° 1224/2009. 2. The master of a fishing vessel using one or more driftnets shall ensure that: a) nets in use remain under constant visual observation; b) markers are affixed to each end of the net, so that its position may be determined at any time. Driftnets shall be permanently marked with the registration letters and numbers of the vessel to which they belong. 3. In accordance with Article 7(1)(e) of Regulation (EC) No 1224/2009, all fishing vessels over 12 metres in length using one or more drift-nets must have a prior fishing authorisation issued by the competent authorities of the flag Member State.

Amendment 133 #

Remo SERNAGIOTTO

Proposal for a regulation
Article 3 a (new)

Article 3a Conditions for driftnet fisheries 1. During a fishing trip involving the use of driftnets, no other kind of gear may be carried on board the fishing vessel. 2. The master of a fishing vessel using one or more driftnets shall ensure that: (a) devices are attached to each end of the driftnet so that its position can be determined at any time. The driftnets must be permanently marked with the registration letter(s) and number of the vessel to which they belong. 3. In addition to the provisions of Article 14 of Council Regulation (EC) No 1224/2009*, the master of a fishing vessel with a length overall exceeding 10 metres using one or more driftnets shall record in a logbook the following information on a day-to-day basis: (a) the total length of the nets on board; (b) the total length of the nets used in each fishing operation; (c) the total number of cetaceans, reptiles and seabirds caught accidentally. 4. As provided for in point (e) of Article 7(1) of Council Regulation (EC) No 1224/2009, all fishing vessels using one or more driftnets shall, regardless of the length of the vessel concerned, have prior authorisation to fish issued by the competent authorities of the flag Member State. __________________ * Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

Amendment 134 #

Proposal for a regulation
Article 3 a (new)

Article 3a Conditions for driftnet fisheries 1. During a fishing trip involving the use of driftnets, no other kind of gear may be carried on board the fishing vessel. 2. Landing of catches from driftnet fisheries shall take place only in designated ports. Masters of vessels using one or more driftnets who wish to use a landing location in a Member State shall notify the competent authorities in the Member State concerned, at least two hours before arrival in port, of the planned landing location and time of arrival. 3. The master of a fishing vessel using one or more driftnets shall ensure that: (a) during fishing activity, the net is kept under constant visual observation; (b) devices are attached to each end of the driftnet so that its position can be determined at any time. The driftnets must be permanently marked with the registration letter(s) and number of the vessel to which they belong. 4. Without prejudice to Article 14 of Council Regulation (EC) No 1224/2009*, the master of a fishing vessel using one or more driftnets shall record in an electronic logbook the following information on a day-to-day basis: (a) the total length of the nets on board; (b) the total length of the nets used in each fishing operation; (c) the mesh size used; (d) the common name of the net used; (e) the quantity of each species caught during each fishing operation, including cetaceans, turtles and seabirds, by-catches and discards at sea; (f) the quantity of each species held on board; (g) the date and position of such catches. 5. The data registered as referred to in paragraph 4 must be communicated to the appropriate authorities identified by the individual Member States before and not after 31 January of the year following that to which the data collected refer. 6. As provided for in point (e) of Article 7(1) of Regulation (EC) No 1224/2009, all fishing vessels using one or more driftnets shall, regardless of the length of the vessel concerned, have prior authorisation to fish issued by the competent authorities of the flag Member State.

Amendment 135 #

Renata BRIANO, Ricardo SERRÃO SANTOS, David Maria SASSOLI

Proposal for a regulation
Article 3 b (new)

Article 3b Conditions for fishing with driftnets 1. Vessels engaged in driftnet fishing may not use simultaneously any other gear and any such gear shall be stowed and secured in accordance with Article 47 of Regulation (EC) N° 1224/2009 2. Without prejudice to Article 14 of Council Regulation (EC) No 1224/20091a the master of a fishing vessel using one or more driftnets shall record daily in a logbook the following information: a) the total length of the nets on board; b) the total length of the nets used for each fishing operation; c) the quantity of each species caught during each fishing operation, including cetaceans, reptiles, seabirds, by-catches and discards; The quantity of each species held on board, The date and position of such catches. 3. In accordance with Article 7(1)(e) of Regulation (EC) No 1224/2009, all fishing vessels using one or more driftnets must, irrespective of the length of the vessel concerned, be issued with prior fishing authorisation the authorities of the flag Member State. _________ 1 Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 388/2006, (EC) No 1300/2008 and (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

Amendment 136 #

Proposal for a regulation
Article 3 b (new)

Article 3b Conditions for driftnet fisheries 1. During a fishing trip involving the use of driftnets, no other kind of gear may be carried on board the fishing vessel. 2. Landing of catches from driftnet fisheries shall take place only in designated areas. 3. The master of a fishing vessel using one or more driftnets shall ensure that signals are attached to each end of the driftnets, so that its positions can be determined at any time. The driftnets must be permanently marked with the registration letter(s) and number of the vessel to which they belong. 4. Without prejudice to Article 14 of Council Regulation (EC) No 1224/2209, the master of a fishing vessel longer than 10 metres using one or more driftnets shall record in a logbook the following information: (a) the total length of the nets on board; (b) the total length of the nets used in each fishing operation; (c) the number of cetaceans, reptiles and seabirds, by-catches and discard at sea; (d) the date and position of such catches. As provided for in point (e) of Article 7(1) of Regulation (EC) No 1224/2009, all fishing vessels using one or more driftnets shall, regardless of the length of the vessel concerned, have prior authorization to fish issued by the competent authorities of the flag Member State.

Amendment 137 #

Proposal for a regulation
Article 3 b (new)

Article 3b Period of activity Commercial driftnet fishing may be carried out for five days a week only, with a compulsory minimum weekly rest period of 48 hours consecutively, including all or part of Sundays.

Amendment 138 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ

Proposal for a regulation
Article 3 b (new)

Article 3b Regionalised measures 1. Measures necessary to ensure the environmental sustainability of driftnets shall be drafted on a regionalised basis. 2. The measures referred to in paragraph 1 may include: a) prohibitions or restrictions concerning the use of driftnets shorter than 2500 metres; b) the addition of new prohibited species; c) a total ban on the use of driftnets in a given sea area or specific fishery;

Amendment 139 #

Proposal for a regulation
Article 3 b (new)

Article 3b Regionalised measures 1. Measures necessary to attain the objectives set out in Article 3a shall be developed on a regionalised basis. 2. The measures referred to in paragraph 1 may include: (a) prohibitions and restrictions regarding the use of driftnets not mentioned in points (a) or (b) of Article 3; (b) adding species to the list set out in the Annex; (c) a total ban on the use of driftnets in a specific sea or fishery; (d) further definitions regarding the technical characteristics of driftnets, such as mesh size; (e) further definitions regarding the use of driftnets, such as distance from shore.

Amendment 140 #

Proposal for a regulation
Article 3 b (new)

Article 3b Regionalised measures 1. Existing plans notwithstanding, the requisite measures for achievement of the aims of this Regulation shall be set out in national, regional or local management plans as provided for in Article 19 of Regulation (EU) No 1380/2013. 2. The measures referred to in paragraph 1 may include: (a) restrictions as to the use of driftnets not covered by points (a) and (b) of Article 3; (b) additions to the list of species annexed to the Regulation; (c) a complete ban on driftnets in a specific area or fishery; (d) further stipulations on the technical characteristics of the driftnets, such as the mesh; (e) further stipulations as to the use of the driftnets, e.g. on distances from shore.

Amendment 141 #

Renata BRIANO, Richard CORBETT, Ricardo SERRÃO SANTOS, David Maria SASSOLI

Proposal for a regulation
Article 3 c (new)

Article 3c Procedure for adoption of national regionalisation measures Existing national, local and regional management plans notwithstanding, Article 19 of Regulation (EU) No 1380/2013 shall apply to the national regionalisation measures referred to in Article 3b.

Amendment 142 #

Proposal for a regulation
Article 3 c (new)

Article 3c Regionalised measures 1. Upon recommendations by Member States, measures necessary to attain the objectives set out in Article 3a shall be developed on a regionalised basis. 2. The measures referred to in paragraph 1 may include: (a) restrictions regarding the use of driftnets not mentioned in points (a) and (b) of Article 3; (b) adjustment of the protected species to the local conditions; (c) technical characteristics of driftnets, such as mesh size, length and height of the net; (d) further measures regarding the use of driftnets, such as distance from shore, holding time of the driftnet in sea. (e) possible procedure and time of notification of the planned landing location and time of arrival; (f) consequences and actions to be taken if there is any harm or by-catch to protected species. 3. The use of driftnets in a specific fishery may only be restricted if alternative gear is available which has significantly less negative effects from an environmental point of view.

Amendment 143 #

Proposal for a regulation
Article 3 c (new)

Article 3c Regionalised measures 1. Measures necessary to achieve the objectives of this Regulation shall be drafted on a regionalised basis. 2. The measures referred to in paragraph 1 may include: a) prohibitions or restrictions concerning the use of driftnets not referred to in Article 3, (a) or (b); b) the addition of species to the list contained in the Annex; c) a total ban on the use of drift nets in a given sea area or specific fishery; d) additional driftnet specifications such as mesh size; e) additional restrictions governing driftnet use, such as distance from the coast.

Amendment 144 #

Proposal for a regulation
Article 3 c (new)

Article 3c Review 1. Member States having a direct management interest affected by the measures referred to in Article 3c shall report to the Commission on the implementation of this Regulation within two years after its entry into force and every third year thereafter. 2. On the basis of the data collected as referred to in Article 3a(5), Member States shall draw up an annual report to be submitted to the Commission by 31 May of the year following that to which the data refer, setting out the relevant aggregate data (see Article 3b) and conclusions as to the environmental sustainability of the individual items of fishing gear used. 3. The Commission shall, on the basis of the reports from Member States referred to in paragraphs 1 and 2, and taking into account scientific advice, including from STECF and ICES, evaluate, in the year following that in which it receives those reports, the impact of the measures adopted in accordance with this Regulation on the stocks and fisheries concerned.

Amendment 145 #

Proposal for a regulation
Article 3 c (new)

Article 3c Prohibitions 1. Simultaneous use of different types of fishing gear shall be prohibited and no fishing gear other than driftnets may be used on the same day. 2. It shall also be prohibited to carry on board fishing gear or equipment other than driftnets. 3. The setting of driftnets in navigation channels, leading lines, port access channels, and anchoring grounds indicated on marine charts shall be prohibited. 4. The setting of driftnets within 250 metres of coastline beaches duly marked out with buoys shall be prohibited from 1 June to 30 September.

Amendment 146 #

Renata BRIANO, Richard CORBETT, Ricardo SERRÃO SANTOS, David Maria SASSOLI

Proposal for a regulation
Article 3 d (new)

Article 3d Impact assessment 1. In order to identify current shortcomings in terms of control arrangements and scientific monitoring at EU level, and to produce an up-to-date picture of the environmental sustainability, and especially the selectivity, of the various fisheries using driftnets, the Commission should carry out an impact assessment on the European and national legislation currently in force. 2. The impact assessment should also include data on the number of jobs linked to driftnet fishing in the various European fisheries, and on the economic importance of the activity. 3. The Commission will be empowered, on the basis of the assessment, to make recommendations to the Member States concerning the management and control of driftnet fishing. 4. The impact assessment will be published two years after the entry into force of this Regulation.

Amendment 147 #

Proposal for a regulation
Article 3 d (new)

Article 3d Driftnet marker buoys 1. The presence of driftnets shall be indicated by means of orange or yellow marker buoys at least, situated at their extremities and equipped with radar reflectors or other reflecting devices. The diameter of the buoys shall be at least 350 millimetres. 2. The buoys situated at the extremities of the net and along its length shall display clearly and prominently the vessel name, together with its registration number and page and approved gear indicated with the initials: RD 3. Vessels must remain attached to one end of driftnets being used, whose presence must be signalled as indicated in paragraphs 1 and 2. For the purposes of night-time fishing, a light shall be displayed at the opposite end of the vessel.

Amendment 148 #

Proposal for a regulation
Article 3 d (new)

Article 3d Procedure for adoption of regionalised measures 1. Article 18 of Regulation (EU) No 1380/2013 shall apply to the regionalised measures referred to in Article 3c of this Regulation. Joint recommendations in accordance with Article 18(7) of Regulation (EU) No 1380/2013 may be submitted by 1 January 2017. 2. The Commission shall be empowered to adopt delegated acts upon receipt of the joint recommendations referred to in paragraph 1 of this Article, following consultations with the European Parliament and the Advisory Councils and in accordance with Article 3g setting on the regionalised measures referred to in Article 3c. 3. By way of derogation from paragraphs 1 to 3 of this Article, in respect of waters covered by Regulation (EC) No 1967/2006, such regionalised measures may be adopted as part of the management plans referred to in Article 19 of that Regulation.

Amendment 149 #

Renata BRIANO, Richard CORBETT, Ricardo SERRÃO SANTOS, David Maria SASSOLI

Proposal for a regulation
Article 3 e (new)

Article 3e Infringements Any infringement of the ban on the use of driftnets more than 2 500 metres along, or of the ban on targeting species included in the list annexed hereto, shall be regarded as gross or wilful negligence.

Amendment 150 #

Proposal for a regulation
Article 3 e (new)

Article 3e Distance between fishing gear and nets When driftnets are unfurled in the vicinity of others that have already been set, a suitable distance shall be maintained so as not to hamper commercial fishing operations.

Amendment 151 #

Proposal for a regulation
Article 3 f (new)

Article 3f Measurement of driftnets 1. The mesh size shall be the distance in a straight line measured internally between two opposite knots of a mesh measured diagonally when the net is fully extended. For knotless nets, mesh size shall be defined as the distance in a straight line between opposite corners of a mesh measured diagonally when the net is fully extended. 2. Mesh sizes must be measured when the driftnet is wet and after use, with 20 measurements being made of different parts of the net and the average taken as the definitive mesh size, always in accordance with. Regulation (EC) N° 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Regulation (EC) N° 850/1998 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets, or any provision replacing it.

Amendment 152 #

Proposal for a regulation
Article 3 g (new)

Article 3g Exercise of delegated powers 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts as referred to in Article 3d shall be conferred on the Commission for a period of five years from (the entry into force of this Regulation). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 3d may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 3d shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Amendment 153 #

Proposal for a regulation
Article 3 g (new)

Article 3g Driftnets used for commercial sea fishing A driftnet is a gillnet consisting of a rectangular piece of netting between two surface lines kept afloat by buoys, allowing the net to be set at various depths using weighted sinkers. One end of the net must remain attached to the vessel with a line of variable length, while the other end remains free.

Amendment 154 #

Proposal for a regulation
Article 3 h (new)

Article 3h Technical specifications The driftnet shall comply with the following technical specifications: a). The mesh size shall be between 23 and 40 mm; b) The maximum distance between the ropes or lines of the unfurled net shall be 16 metres; c) The maximum length of each of the individual driftnet sections or panels shall be 70 metres and the maximum extended length shall be 100 metres; d) the maximum total driftnet length authorised per vessel per day shall not, under any circumstances, exceed 1000 metres.

Amendment 155 #

Proposal for a regulation
Article 3 i (new)

Article 3i Working hours The weekly rest period for driftnet fishing activities shall be between 12.00 on Saturday and 12.00 on Monday.

Amendment 156 #

Proposal for a regulation
Article 3 j (new)

Article 3j Fishing activity Driftnet fishing may be carried out throughout year except during the temporary suspension of fishing activities for certain species or in certain sea areas.

Amendment 157 #

Proposal for a regulation
Article 4

~~1. In~~ Article 20 of Regulation (EC) No 850/98, paragraph 3 is deleted. 2. Regulation (EC) No 812/2004 is amended as follows: (a) Article 1a is deleted; (b) in Annex I, points A (b) and E (b) are deleted; (c) in Annex III, point D is deleted. 3. Article 2(o), Article 9 and Article 10 of Regulation (EC) No 2187/2005 are deleted. 4. In Annex II (a) of Regulation (EC) No 1967/2006, the words "and drifting nets" are deleted.4 deleted Amendments of related Regulations

Amendment 158 #

Proposal for a regulation
Article 4

Amendments of related Regulations 1. In Article 20 of Regulation (EC) No 850/98, paragraph 3 is deleted. 2. Regulation (EC) No 812/2004 is amended as follows: (a) Article 1a is deleted; (b) in Annex I, points A (b) and E (b) are deleted; (c) in Annex III, point D is deleted. 3. Article 2(o), Article 9 and Article 10 of Regulation (EC) No 2187/2005 are deleted. 4. In Annex II (a) of Regulation (EC) No 1967/2006, the words "and drifting nets" are deleted.rticle 4 deleted

Amendment 159 #

Diane DODDS

Proposal for a regulation
Article 4

~~1. In~~ Article 20 of Regulation (EC) No 850/98, paragraph 3 is deleted. 2. Regulation (EC) No 812/2004 is amended as follows: (a) Article 1a is deleted; (b) in Annex I, points A (b) and E (b) are deleted; (c) in Annex III, point D is deleted. 3. Article 2(o), Article 9 and Article 10 of Regulation (EC) No 2187/2005 are deleted. 4. In Annex II (a) of Regulation (EC) No 1967/2006, the words ‘and drifting nets’ are deleted.4 deleted Amendments of related Regulations

Amendment 160 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

~~(b) in Annex I, points A (b) and E (b) are~~ deleted;

Amendment 161 #

Nils TORVALDS

Proposal for a regulation
Article 4 – paragraph 2 – point b – subpoint i (new)

i) Annex I Prohibited Species Albacore, Bluefin tuna, Bigeye tuna, Skipjack, Atlantic bonito, Yellowfin tuna, Blackfin tuna, Little tuna, Southern bluefin tuna, Frigate tuna, Oceanic sea breams, Marlins, Sailfishes, Salmon, Sea Trout, Swordfishes, Sauries, Dolphinfishes, Sharks, and Cephalopods

Amendment 162 #

Proposal for a regulation
Article 4 – paragraph 2 – point c

~~(c) in Annex III, point D is~~ deleted.

Amendment 163 #

Nils TORVALDS

Proposal for a regulation
Article 4 – paragraph 3

~~3. Article 2(o), Article 9 and Article 10 of Regulation (EC) No 2187/2005 are~~ deleted.

Amendment 164 #

Remo SERNAGIOTTO

Proposal for a regulation
Article 4 a (new)

Article 4a Annex Prohibited species Albacore Bluefin tuna Bigeye tuna Skipjack Yellowfin tuna Blackfin tuna Little tuna Southern bluefin tuna Oceanic sea breams Marlins Sailfishes Swordfishes Sharks

Amendment 165 #

Proposal for a regulation
Article 5

~~Regulation (EC) No 894/97 is r~~Article 5 deleted Repeal~~ed.~~

Amendment 166 #

Proposal for a regulation
Article 6 – paragraph 1

~~This Regulation shall enter into force on 1 January 2015.~~deleted

Amendment 167 #

Renata BRIANO, Ricardo SERRÃO SANTOS, David Maria SASSOLI

Proposal for a regulation
Article 6 – paragraph 1

This Regulation shall enter into force on 1 January 20156.

Amendment 168 #

Proposal for a regulation
Article 6 – paragraph 1

This Regulation shall enter into force on ~~1 January 2015~~the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2017, with the exception of Article 4 paragraph 3, which shall apply from 1 July 2017. It shall apply to driftnets covered by Regulation (EC) No 2187/2005 and Regulation (EC) No 850/98 from the date when regionalised measures for the respective regions, as referred in Article 3c of this Regulation, enter into force.

Amendment 169 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ, Alain CADEC, Cláudia MONTEIRO DE AGUIAR, Remo SERNAGIOTTO, Werner KUHN, Annie SCHREIJER-PIERIK, Jens GIESEKE, Andrej PLENKOVIĆ

Proposal for a regulation
Article 6 – paragraph 1

This Regulation shall enter into force on 1i January 20157.

Amendment 22 #

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

Amendment 23 #

Norica NICOLAI, Alain CADEC, Raymond FINCH, Ian HUDGHTON, Diane DODDS, David COBURN

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

Amendment 24 #

Ruža TOMAŠIĆ, Ian DUNCAN

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

Amendment 25 #

Draft legislative resolution
Citation 4 a (new)

having regard to Opinion No 89 of 10 July 2014 of the South Western Waters Regional Advisory Council (CCR.S),

Amendment 26 #

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading hereinafter set out~~The Committee on Fisheries proposes that 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 be rejected;

Amendment 27 #

Draft legislative resolution
Paragraph 2

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially ~~or replace it with another text~~by excluding selective small-scale nets or replace it with another text which, based on the principle of subsidiarity, excludes specifically the selective drifting gillnet gear used by small-scale fishing fleets, such as the ʽxeitoʼ, which on the basis of Galiciaʼs sole competence for inland waters is a properly regulated fishing gear to which technical control measures are applied;

Amendment 28 #

Proposal for a regulation
Title

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~~on carrying out impact assessments on driftnet fisheries, and studies on the state of fish stocks in European fisheries

Amendment 29 #

Proposal for a regulation
Title

Proposal for a Regulation of the European Parliament and of the Council ~~laying down a prohibition on~~governing 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 30 #

Proposal for a regulation
Title

Proposal for a Regulation of the European Parliament and of the Council laying down ~~a prohibition on~~rules for 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 31 #

Proposal for a regulation
Recital 1 a (new)

(1a) Regulation (EU) No 1380/2013 stipulates that Member States should cooperate at regional level in the development and implementation of conservation measures affecting fishing activity; this regional framework replaces the previous one-size-fits-all approach used in the Common Fisheries Policy.

Amendment 32 #

Proposal for a regulation
Recital 2

(2) Sustainable exploitation of marine biological resources should be based on the precautionary approach, which derives not only from the precautionary principle referred to in the first subparagraph of Article 191(2) of the Treaty on the Functioning of the European Union but also from the Union'’s international undertakings as reflected in the United Nations Fish Stocks Agreement7, and in particular ~~its~~ Article 6 thereof, and on the best scientific evidence available. ~~__________________ 7~~In the latter regard and insofar as possible, impact assessments on driftnet fisheries should be carried out, focusing on third country vessels particularly in the Mediterranean. __________________ 7 OJ L 189, 03.07.1998, p. 16 OJ L 189, 03.07.1998, p. 16

Amendment 33 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Recital 2

(2) ~~Sustainable e~~Exploitation of marine biological resources should be based on the ~~precautionary approach, which derives not only from~~social, economic and environmental sustainability approach of Article 3(3) of the Treaty on European Union, which acts as a counterbalance to the precautionary principle ~~referred to~~ in the first subparagraph of Article 191(2) of the Treaty on the Functioning of the European Union but also from the Union's international undertakings as reflected in the United Nations Fish Stocks Agreement7, and in particular its Article 6, and on the best scientific evidence available. __________________ 7 OJ L 189, 03.07.1998, p. 16. .

Amendment 34 #

Proposal for a regulation
Recital 2 a (new)

(2a) The measures adopted pursuant to this Regulation to regulate the use of drifting gillnets shall also bear in mind the principle of proportionality, so as to protect mainly the activity of the small- scale fishing fleet.

Amendment 35 #

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~~sustainable, socioeconomic and environmental development, and in particular to the achievement of good environmental status by 2020, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council8. __________________ 8 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).

Amendment 36 #

Proposal for a regulation
Recital 7

(7) ~~The conservation objectives, regarding~~Much incidental mortality of protected species~~, pursued by the abovementioned Union rules on driftnets are still valid and should be strengthen~~ is a consequence of illegal fishing practices and not of the type of fishing gear used.

Amendment 37 #

Anja HAZEKAMP

Proposal for a regulation
Recital 7

(7) The conservation objectives, regarding incidental mortality of protected species~~, pursued by the abovementioned Union rules on driftnets are still valid and should be strengthened~~ including, in particular, cetaceans, sea turtles, sharks and sea birds, which lead to international concerns about the environmental impacts of driftnets, pursued by the abovementioned Union rules on driftnets are still valid and should be strengthened. Driftnets are also a major concern in terms of fish welfare. Fish experience substantial pain and stress when tangled in these nets. They can cause body damage and stress for many hours or days.

Amendment 38 #

Proposal for a regulation
Recital 7 a (new)

(7a) Fishing with driftnets carried out on a small-scale on traditional and/or small vessels, creating socioeconomically and environmentally sustainable fishing, amongst which may be cited ʽxeitoʼ fishing gear in Galicia and ʽsardinalʼ gear in Andalusia, as well as other types of gear in the European Union, should in any case be preserved.

Amendment 39 #

Proposal for a regulation
Recital 8

(8) The definition of driftnets should ~~be refined for reasons of clarity and in order to ensure uniformity in the understanding and implementation by Member States of rules on driftnets~~reflect the huge regional variation in fisheries and fishing techniques; accordingly definitions and the development and implementation of relevant conservation measures should be initiated by Member States cooperating at regional level.

Amendment 40 #

Proposal for a regulation
Recital 8

(8) The definition of driftnets should be refined for reasons of clarity and in order to ensure uniformity in the understanding and implementation by Member States and in all EU waters of rules on driftnets.

Amendment 41 #

Proposal for a regulation
Recital 9

(9) Moreover it is necessary to extend the scope of this definition so as to cover any newly identified types of drifting fishing nets other than drifting gillnets developed in certain fisheries. It is particularly important to cover by this definition gears that unlike drifting gillnets are made up of two or more walls of netting hung jointly in parallel on the headline(s) yet they operate close to the water surface in the same manner as drifting gillnets do and have similar impact on marine resources, hence should be coherently regulated.deleted

Amendment 42 #

Proposal for a regulation
Recital 9

Amendment 43 #

Proposal for a regulation
Recital 10

(10) The current Union legislative framework on driftnets has ~~shown weaknesses and loopholes in~~proved effective where thate rules ~~proved easy to circumvent and ineffective in terms of addressing~~have been observed. However, illegal practices need to be stopped and, to that end, Member States which have detected such practices should be required to tighten their con~~servation concerns linked to this fishing gear~~trol arrangements, apply and strengthen the relevant penalties and introduce new management measures.

Amendment 44 #

Proposal for a regulation
Recital 10

(10) The current Union legislative framework on ~~driftnet~~fishing activities has shown weaknesses a~~nd loopholes in that rules proved easy to circumvent and ineffective in terms of addressing the conservation concerns linked to this fishing gear~~s a result of the one-size-fits- all approach of previous fisheries Regulations.

Amendment 45 #

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. It should be pointed out, however, that, in many cases, the vessels engaging in illegal driftnet fishing practices, particularly in the Mediterranean, are third country rather than EU vessels.

Amendment 46 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ, Annie SCHREIJER-PIERIK

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~~there are cases where these rules are circumvented and ineffective in terms of addressing the conservation concerns linked to this fishing gear.

Amendment 47 #

Proposal for a regulation
Recital 10

(10) The current Union legislative framework on driftnets has shown weaknesses and loopholes in that, in certain cases, rules proved easy to circumvent and ineffective in terms of addressing the conservation concerns linked to this fishing gear.

Amendment 48 #

Proposal for a regulation
Recital 11

Amendment 49 #

Proposal for a regulation
Recital 11

Amendment 50 #

Proposal for a regulation
Recital 11

(11) The driftnet fishing is carried out by a~~n undefinabl~~ very large number of small-scale multipurpose fishing vessels, the vast majority of which are apparently 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 marinA GPS system should be introduced to facilitate rves~~ources, in particular with regard to certain protected species~~sel control.

Amendment 51 #

Proposal for a regulation
Recital 11

(11) The driftnet fishing is carried out by a~~n undefinable~~ certain number of small-scale multipurpose fishing vessels, ~~the vast majority of which operating~~operating in some cases without any regular scientific and control monitoring. ~~Due to the~~In other cases, as with the ʽxeitoʼ gear, 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 speciefleets fish sustainably with low temporal or spatial impact, following regulated and controlled fishing patterns by virtue of sole competence over fishing in inland waters.

Amendment 52 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Recital 11

Amendment 53 #

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~~operating in some cases 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 always produced the necessary results in terms of conservation of marine resources, in particular with regard to certain protected species.

Amendment 54 #

Proposal for a regulation
Recital 11 a (new)

(11a) Many small-scale fisheries, which are those most affected by this Regulation, are sustainable and are located close inshore or in estuaries – areas subject to specific constraints, where driftnets could not be replaced by other types of fishing gear. Given that the viability of many fisheries depends heavily or entirely on driftnet activities, protective measures are called for.

Amendment 55 #

Proposal for a regulation
Recital 11 b (new)

(11b) An impact assessment on the currently applicable EU and national legislation should be carried out as a matter of urgency so that, where it is not working properly, corrective measures can be taken area by area.

Amendment 56 #

Proposal for a regulation
Recital 12

(12) Illegal driftnet activities carried out by Union fishing vessels, in particular for the purpose of targeting species listed in Annex VIII of Regulation (EC) No 847/97, continue to be reported and have been cause of criticism regarding the Union compliance with applicable international obligations in this respect. It needs to be established, however, whether the main perpetrators of these illegal fishing activities are EU registered vessels or vessels from third countries.

Amendment 57 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Recital 12

(12) Illegal driftnet activities carried out by Union fishing vessels, in particular for the purpose of targeting species listed in Annex VIII of Regulation (EC) No 847/97, continue to be reported and have been cause of criticism regarding the Union compliance with applicable international obligations in this respect. Illegal fishing activities are best combatted by implementing proper control and enforcement regimes, not by amending the very laws which are being broken.

Amendment 58 #

Proposal for a regulation
Recital 12

(12) Illegal driftnet activities carried out by some Union fishing vessels, in particular for the purpose of targeting species listed in Annex VIII of Regulation (EC) No 847/97, continue to be reported and have been cause of criticism regarding the Union compliance with applicable international obligations in this respect.

Amendment 59 #

Proposal for a regulation
Recital 13

Amendment 60 #

Proposal for a regulation
Recital 13

Amendment 61 #

Proposal for a regulation
Recital 14

(14) Additionally, in some cases, monitoring and reporting systems established under Council Directive 92/43/EEC (Habitats Directive)12 have proven to be not effective for the identification and recording of the anthropogenic causes of death of strictly protected species due to fishing activities. Control arrangements therefore need to be tightened in those situations where there is insufficient documentation. __________________ 12 C~~OUNCIL DIRECTIVE~~ouncil Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7)

Amendment 62 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Recital 16

Amendment 63 #

Proposal for a regulation
Recital 16

Amendment 64 #

Proposal for a regulation
Recital 16

Amendment 65 #

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 when it is not used in a sustainable manner, as well as to achieve the environmental and enforcement objectives in an effective and efficient manner, while taking into account the ~~minimal~~fact that its socio-economic impacts have not been sufficiently assessed, it is necessary to introduce a ~~full~~selective 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 water~~on large-scale fishing with driftnets, identified as very harmful to species in need of strict protection and/or which does not stop bycatches of unauthorised species, without penalising small-scale fishing fleets which use sustainable fishing gear regulated by virtue of sole competency on fishing in inland waters and for which there are specific technical control measures.

Amendment 66 #

Proposal for a regulation
Recital 16

Amendment 67 #

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~~may 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 waterregulate the use of driftnets.

Amendment 68 #

David Maria SASSOLI

Proposal for a regulation
Recital 16

Amendment 69 #

Proposal for a regulation
Recital 16

Amendment 70 #

Proposal for a regulation
Recital 16

Amendment 71 #

Proposal for a regulation
Recital 16 a (new)

(16a) The Commission should guarantee the subsidiarity principle and exclude sustainable small-scale fisheries which use drift gillnets, such as the ʽxeitoʼ, from the prohibition, as the ʽxeitoʼ is properly regulated on the basis of Galicia having sole competence for fishery matters in inland waters and for the regulation and control of fishing activity and the gears and tackle permitted.

Amendment 72 #

Proposal for a regulation
Recital 17

(17) 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 850/981313, Regulation (EC) No 812/2004, Regulation (EC) No 2187/2005 and Council Regulation (EC) No 1967/200614, and repealing Regulation (EC) No 894/97. __________________ 13 Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1). 14Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 409, 30.12.2006, p. 11);deleted

Amendment 73 #

Proposal for a regulation
Recital 17

(17) For reasons of clarity of Union legislation, it is also necessary to amend or delete all other provisions related to driftnets by amending Council Regulation (EC) No 850/9813, Regulation (EC) No 812/2004, Regulation (EC) No 2187/2005 and Council Regulation (EC) No 1967/200614, and repealing Regulation (EC) No 894/97. __________________ 13 Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1). 14Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 409, 30.12.2006, p. 11);in all other pieces of Union legislation which are inconsistent with the provisions of this Regulation.

Amendment 74 #

Proposal for a regulation
Recital 18

Amendment 75 #

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. This Regulation should therefore enter into force on 1 January 2015~~the driftnets used by the small-scale fishing fleets, which use fishing gear such as the ʽxeitoʼ and other sustainable and traditional gear, should be excluded.

Amendment 76 #

Proposal for a regulation
Recital 18

(18) ~~Vessels carrying out fisheries with small-scale driftnets may need some time to adjust to the new situ~~A total driftnet ban disregards the fishing fleet capacities of individual member states, as it is overcapacity that brings depleted fish stocks. Consideration must be given to the negative conservational and ~~necessitate a phasing-out period. This Regulation should therefore enter into force on 1 January 2015~~environmental impact of unsustainable driftnet overfishing by large factory vessels.

Amendment 77 #

Renata BRIANO, Richard CORBETT, Ricardo SERRÃO SANTOS, David Maria SASSOLI

Proposal for a regulation
Recital 18

(18) Vessels carrying out fisheries with ~~small-scale driftnets~~driftnets directly affected by this Regulation may need some time to adjust to the new situation ~~and necessitate a phasing-out period~~. Methods for granting access to the European Maritime and Fisheries Fund (EMFF) should be developed therefore. This Regulation should ~~therefore~~ enter into force on 1 January 20157.

Amendment 78 #

Proposal for a regulation
Recital 18

(18) ~~Vessels~~Fishermen carrying out ~~fisheries with small-scale driftnet~~artisanal fisheries may need some time to adjust to the new ~~situation and necessitate a phasing-out period~~requirements. In cases where they need to change the type of gear they use, support should be provided by the European Maritime and Fisheries Fund, provided that the new gear is less harmful than the gear used before. This Regulation should therefore ~~enter into force on~~apply from 1 January 20157.

Amendment 79 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Recital 18

(18) Vessels carrying out fisheries with small-scale driftnets longer than 2 500 metres may need some time to adjust to the new situation ~~and necessitate a phasing-~~. During this phasing out period,if said vessels change the kind of gear they use in order to continue fishing, they may count ~~perio~~on the support of the European Maritime and Fisheries Fund. This Regulation should therefore enter into force on 1 January 20156.

Amendment 80 #

Proposal for a regulation
Recital 18

(18) VSome vessels carrying out fisheries with small-scale driftnets may need some time to adjust to the new situation and necessitate a phasing-out period. This Regulation should therefore enter into force on 1 January 20156.

Amendment 81 #

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. In cases where they will need to change the type of gear they use, support may be provided by the European Maritime and Fisheries Fund only in cases in which they have not committed serious offences relating to the use of driftnets. This Regulation should therefore enter into force on 1 January 20156.

Amendment 82 #

Ricardo SERRÃO SANTOS, Richard CORBETT, Renata BRIANO, José BLANCO LÓPEZ

Proposal for a regulation
Recital 18 a (new)

(18a) The socio-economic role of sustainable small-scale driftnet fishing in rural and peripheral communities is considered to be of vital importance.

Amendment 83 #

Proposal for a regulation
Recital 18 a (new)

(18a) Small scale traditional fisheries using driftnets, such as "menaidi" in Italy, "estoueyre" and "bigearreyre" in France, "xeito" and "El Sardinal" in Spain, the "Mourne herring driftnet" fishery in Northern Ireland, the "Clovelly herring fishery" in North Devon or the "Southern North Sea herring fishery" in Essex and East Anglia in England, and the "sardinheira" in Portugal are part of the cultural identity of those countries.

Amendment 84 #

Ian DUNCAN, Julie GIRLING

Proposal for a regulation
Article 1 – paragraph 1

This Regulation shall apply to all fishing activities within the scope of the Common Fisheries Policy as set out in Article 1(2) of Regulation (EU) No 1380/2013. with the following exemptions: a) vessels using driftnets within 12 miles of the coastline of a member state b) vessels using driftnets outside of 12 miles of the coastline of a member state where the minimum mesh size is 47 mm for pelagic fisheries and 90mm for demersal fisheries

Amendment 85 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation ~~shall apply to all fishing activities within the scope of the Common Fisheries Policy as set out in Article 1(2) of Regulation (EU) No 1380/2013~~relating to professional fisheries shall apply in internal maritime waters, in territorial seas and in the exclusive economic zone corresponding to the Member States of the European Union.

Amendment 86 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 1 – paragraph 1

This Regulation shall apply to all fishing activities within the scope of the Common Fisheries Policy as set out in Article 1(2) of Regulation (EU) No 1380/2013, with the exception of vessels meeting the requirements set out in the second paragraph.

Amendment 87 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 1 – paragraph 1 a (new)

1a. Fishing gear of a kind which does not entail any risk to protected or endangered species, and the vessels which use such gear, shall remain outside of the scope of this Regulation.

Amendment 88 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 1 – paragraph 1 b (new)

Scope Scope 1b. Member States shall forward a list of the fisheries which meet the requirements laid down in the second paragraph, together with a scientific and/or technical justification, to the European Commission before 31 December 2015.

Amendment 89 #

Gabriel MATO, Francisco José MILLÁN MON, Carlos ITURGAIZ, Verónica LOPE FONTAGNÉ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 1 – paragraph 1 c (new)

1c. The European Commission shall be authorised to adopt a delegated act with the list of the fishing gears referred to in the second paragraph.

Amendment 90 #

Proposal for a regulation
Article 1 a (new)

Article 1a Purpose 1. This Regulation lays down the rules concerning the use and technical specifications of driftnets authorised for commercial fishing of the targeted species listed paragraph 2 in the waters of the EU Member States. 2. The only species that may be caught with these nets are sardine, sprat, anchovy, Atlantic saury and related species to which the permitted mesh sizes apply.

Amendment 91 #

Diane DODDS

Proposal for a regulation
Article 2 – paragraph 2

2. In addition, a 'driftnet' means a net made up of one or more walls of netting, hung jointly in parallel on the headline(s), held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift such as a sea-anchor or an anchor on the bottom attached at one single end of the net.deleted

Amendment 92 #

Proposal for a regulation
Article 2 – paragraph 2

Amendment 93 #

Proposal for a regulation
Article 2 – paragraph 2

2. In addition, a 'driftnet' means a net made up of one or more walls of netting, hung jointly in parallel on the headline(s), held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. ~~It may be equipped with devices aiming to stabilise the net or to limit its drift such as a sea-anchor or an anchor on the bottom attached at one single end of the net.~~

Amendment 94 #

Proposal for a regulation
Article 3

~~It shall be prohibited: (a) to catch any marine biological resource with driftnets; and (b) to keep any kind of driftnet on board of fishing vessel~~Article 3 deleted Prohibition of driftnets

Amendment 95 #

Proposal for a regulation
Article 3 – title

~~Prohibition~~Impact assessment ofn driftnets fishing

Amendment 96 #

Proposal for a regulation
Article 3

~~It shall be prohibited: (a) to catch any marine biological resource with driftnets; and (b) to keep any kind of driftnet on board of fishing vessels~~Prohibition of driftnets deleted

Amendment 97 #

Diane DODDS

Proposal for a regulation
Article 3

~~It shall be prohibited: (a) to catch any marine biological resource with driftnets; and (b) to keep any kind of driftnet on board of fishing vessels~~Prohibition of driftnets deleted

Amendment 98 #