2018/0109(COD) | [ParlTrack]

Proposal for a regulation
Recital 3

(3) At the 2016 Annual Meeting in Vilamoura (Portugal), the ICCAT contracting parties and cooperating non- contracting parties, entities or fishing entities (the 'CPCs') recognised the need to address the ~~alarm~~worrying situation of Mediterranean swordfish (Xiphias gladius) stocks. To that end, ICCAT adopted a recovery plan starting in 2017 and continuing until 2031, considering that the current biology, structure and dynamic of the population of the Mediterranean stock of swordfish does not allow to achieve levels of biomass capable of producing the maximum sustainable yield (MSY) in the short term, even if drastic and urgent management measures (total closure of the fishery) were adopted. The ICCAT recommendation on the recovery plan was adopted at its 20th Special meeting, after analysing the scientific advice of the Standing Committee on Research and Statistics (SCRS). That Recommendation 16-0517 entered into force in 12 June 2017 and it is binding on the Union. _________________ 17 ICCAT Recommendation 16-05 adopted at the ICCAT's 2016 Annual Meeting replacing the Recommendation [13-04] and establishing a Multi-annual recovery plan for Mediterranean swordfish.

Amendment 10 #

Proposal for a regulation
Article 15 – paragraph 1 – point a

(a) FActive fishing vessels ~~targeting Mediterranean swordfish~~, as defined in Regulation (EU) No 1380/2013, targeting Mediterranean swordfish, and, wherever applicable, having an associated record of catches;

Amendment 11 #

Proposal for a regulation
Article 15 – paragraph 1 – point b

~~(b) Fishing vessel catching Mediterranean swordfish as by-catch; an~~deleted

Amendment 12 #

Proposal for a regulation
Article 15 – paragraph 1 – point b

(b) FActive fishing vessel catching Mediterranean swordfish as by-catch; and

Amendment 13 #

Proposal for a regulation
Article 16 – paragraph 1 – point a

(a) By 1 January, the information on catching vessels flying their flag and authorised to catch Mediterranean swordfish~~, including as by-catch and in the context of recreational fisheries~~. The Commission shall send that information to the ICCAT Secretariat by 15th January of each year;

Amendment 14 #

Proposal for a regulation
Article 18 – paragraph 1

1. Union fishing vessels included in the ICCAT record of vessels and authorised to fish Mediterranean swordfish, and third country vessels authorised to fish Mediterranean swordfish in Union waters ~~which are greater than 12 metres length overall~~, shall have installed on board a fully functioning device which allows the vessel to be automatically located and identified through the vessel monitoring system (VMS), by transmitting position data at regular intervals, in accordance with Article 9 of Regulation (EC) No 1224/2009.

Amendment 15 #

Proposal for a regulation
Article 18 – paragraph 1 a (new)

1 a. By way of derogation from paragraph 2, masters of Union fishing vessels of less than 12 metres in length overall may carry on board a mobile device which allows the vessel to be automatically located and identified by a vessel monitoring system through recording and transmitting vessel position data at regular intervals. In case the device is not within reach of a mobile network, the vessel position data shall be recorded during that period of time and shall be transmitted as soon as the vessel is in reach of such network and at the latest before entering port.

Amendment 16 #

Proposal for a regulation
Article 18 – paragraph 5

5. Each Member State shall ~~take the necessary measures to~~ ensure that all messages made available to its inspection vessels are treated in a confidential manner and are limited to inspection at sea operations.

Amendment 17 #

Proposal for a regulation
Article 20 – paragraph 2

2. Each Member State concerned shall ensure that national scientific observers are deployed on at least 2030 % of pelagic longline vessels targeting Mediterranean swordfish. The percentage coverage will be measured in fishing days, number of sets or trips.

Amendment 18 #

Proposal for a regulation
Article 21 – paragraph 1

1. The master of each vessel authorised to catch Mediterranean swordfish shall keep an electronic logbook fishing logbook in accordance with the requirements laid down in Annex II as well as Council Regulation (EC) No 1224/2009, and shall submit the logbook information to the flag Member State.

Amendment 19 #

Proposal for a regulation
Article 23 – paragraph 2

2. Each Member State shall designate ports in which landings referred to in paragraph 1 shall take place and shall specify the permitted landing and transhipping times and places ~~and inspection and surveillance procedures applicable in those ports~~.

Amendment 2 #

Proposal for a regulation
Recital 3

(3) At the 2016 Annual Meeting in Vilamoura (Portugal), the ICCAT contracting parties and cooperating non- contracting parties, entities or fishing entities (the 'CPCs') recognised the need to address the particularly alarming situation of Mediterranean swordfish (Xiphias gladius). To that end, ICCAT adopted a recovery plan starting in 2017 and continuing until 2031, considering that the current biology, structure and dynamic of the population of the Mediterranean stock of swordfish does not allow to achieve levels of biomass capable of producing the maximum sustainable yield (MSY) in the short term, even if drastic and urgent management measures (total closure of the fishery) were adopted. The ICCAT recommendation on the recovery plan was adopted at its 20th Special meeting, after analysing the scientific advice of the Standing Committee on Research and Statistics (SCRS). ~~That~~ Recommendation 16- 0517~~entered into force in 12 June 2017 and it is binding on~~ took effect on 12 June 2017; it restricts the Union. _________________ 17 ICCAT Recommendation 16-05 adopted at the ICCAT's 2016 Annual Meeting replacing the Recommendation [13-04] and establishing a Multi-annual recovery plan for Mediterranean swordfish.

Amendment 20 #

Proposal for a regulation
Article 24 – paragraph 2 – introductory part

2. Masters of Union fishing vessels under 12 metres length overall included in the list of vessels referred to in Article 16 shall, ~~at least four hours before the estimated time of~~before their arrival at ~~the~~ port, notify the competent authority of the Member State (including the flag Member State) or the CPC whose ports or landing facility they wish to use, the following information:

Amendment 21 #

Proposal for a regulation
Article 24 – paragraph 2 a (new)

2a. Where fisheries are less than four hours from the port, the estimate of the quantities of swordfish catch on board may be changed at any point before arrival.

Amendment 22 #

Proposal for a regulation
Article 31 – paragraph 4 a (new)

4 a. The annual reports referred to in this Article shall be made public on the website of the Commission.

Amendment 23 #

Proposal for a regulation
Annex III – part II – point 11

11. Upon boarding the vessel, inspectors shall produce the identity documentation described in paragraph 8 of this Annex. Inspectors shall observe generally accepted international regulations, procedures and practices relating to the safety of the vessel being inspected and its crew, and shall minimize interference with fishing activities or stowage of product and, to the extent practicable, avoid action which would adversely affect the quality of the catch on board; Inspectors shall limit their enquiries to the ascertainment of the observance of the ICCAT Commission’s recommendations in force in relation to the flag State of the vessel concerned. In making the inspection, inspectors may ask the master of the fishing vessel for any assistance they may require in connection with the inspection. Inspectors shall draw up a report of the inspection in a form approved by the ICCAT Commission. Inspectors shall sign the report in the presence of the master of the vessel who shall be entitled to add or have added to the report any observations which he or she may think suitable and must sign such observations.

Amendment 3 #

Proposal for a regulation
Recital 5

(5) According to Article 29(2) of Regulation (EU) No 1380/2013, the position of the Union in Regional Fisheries Management Organisations is to be based on the best available and most recent scientific advice so as to ensure that fishery resources are managed in accordance with the objectives of the CFP, in particular with the objective of progressively restoring and maintaining populations of fish stocks above biomass levels capable of producing maximum sustainable yield, even if the deadline established continues until 2031, and with the objective of providing conditions for economically viable and competitive fishing capture and processing industry and land-based fishing related activity at the same time in line with 28(1) and (2), 29 and 33 of Regulation (EU) No 1380/2013 promoting a level playing field for Union operators.

Amendment 4 #

Proposal for a regulation
Recital 6

(6) The recovery plan takes into account the specificities of the different types of gear and fishing techniques. When implementing the recovery plan, the Union and Member States should endeavour to promote coastal fishing activities and the use of fishing gear and techniques which are selective and have a ~~reduced~~s little environmental impact as possible, including gear and techniques used in traditional and artisanal fisheries, thereby contributing to a fair standard of living for local economies.

Amendment 5 #

Proposal for a regulation
Recital 8

(8) Mediterranean swordfishes that have been caught and are below minimum conservation reference size will absolutely have to be discarded pursuant to point 17 of ICCAT Recommendation 16-05, unless they fall within the by-catch limits established by Member States in their annual fishing plans. For the purpose of the Union's compliance with its international obligations under the ICCAT, Delegated Regulation (EU) 2018/191 provides for derogations from the landing obligation for Mediterranean swordfish in accordance with Article 15(2) of Regulation (EU) No 1380/2013. Delegated Regulation (EU) 2018/191 implements certain provisions of ICCAT Recommendation 16-05 laying down the obligation to discard swordfish on board vessels that exceed their allocated quota and/or their maximum level of permitted by-catches. The scope of that Delegated Regulation includes vessels engaged in recreational fishing.

Amendment 6 #

Proposal for a regulation
Recital 10

(10) Fishing activities using driftnets have in the past undergone a rapid increase in terms of fishing effort and lack of sufficient selectivity and wasted very large amounts of marine wildlife. The uncontrolled expansion of those activities posed a serious risk for the target species and their use was prohibited for catching highly migratory fish, including swordfish fisheries, by Council Regulation 1239/9818. _________________ 18 Council Regulation (EC) No 1239/98 of 8 June 1998 amending Regulation (EC) No 894/97 laying down certain technical measures for the conservation of fishery resources (OJ L 171, 17.6.1998, p. 1).

Amendment 7 #

Proposal for a regulation
Recital 14

(14) In order to swiftly implement into Union law future amendments to the ICCAT recommendations, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annexes to this Regulation as well as provisions listed in Article 34 (1) of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law -Making23. In particular, to ensure equal and effective participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 23 Interinstitutional Agreement of 13 April 2016 on Better Law Making (OJ L 123, 12.5.2016, p. 1).

Amendment 8 #

Proposal for a regulation
Article 10 – paragraph 2

2. In order to protect Mediterranean swordfish, a closure period shall apply to ~~longline vessels targeting~~directed fishing for Mediterranean albacore (Thunnus alalunga) from the 1 October to 30 November of each year.

Amendment 9 #