43 Amendments of Jean-François JALKH related to 2018/0050(COD)
Amendment 1 #
Proposal for a regulation
Recital 5
Recital 5
(5) The objectives of the CFP are, amongst others, to ensure that fishing and aquaculture activities are environmentally and socio-economically sustainable in the long term, to apply the precautionary approach to fisheries management and to implement the ecosystem-based approach to fisheries management.
Amendment 2 #
Proposal for a regulation
Recital 6
Recital 6
(6) For the achievement of the CFP objectives, a number of conservation measures such as multi-annual plans, technical measures and the setting and allocation of fishing opportunities, should be adopted. However, we will not be able to restore fish stocks if we fail to reduce the growing impact of pollution, which comes mostly from land-based sources, but also from maritime activities (transport, oil, tourism, etc.).
Amendment 4 #
Proposal for a regulation
Recital 7
Recital 7
(7) Pursuant to Articles 9 and 10 of Regulation (EU) No 1380/2013, multi- annual plans are to be based on scientific, technical and economic advice. In accordance with those provisions, the multi-annual plan provided for in this Regulation should contain objectives, quantifiable targets with clear timeframes, conservation reference points, safeguards and technical measures designed to avoid and reduce unwanted catches. The same robust approach will, of course, be taken with the reduction of pollution from land- based sources or maritime activities (transport, oil, tourism, etc.) and which makes fish stocks acutely vulnerable.
Amendment 12 #
Proposal for a regulation
Recital 17
Recital 17
(17) The objective of the plan provided for in this Regulation should be to contribute to the achievement of the CFP, and in particular, reaching and maintaining MSY for the target stocks, implementing the landing obligation for demersal stocks subject to minimum conservation reference size, and promoting a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and related socio- economic aspects. It should also implement the ecosystem- based approach to fisheries management in order to minimise negative impacts of fishing activities on the marine ecosystem. It should be coherent with the Union’s environmental legislation, in particular the objective of achieving good environmental status by 2020 (in accordance with Directive 2008/56/EC28) and the objectives of Directive 2009/147/EC29 and Council Directive 92/43/EEC30. _________________ 28 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). 29 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 30 Council 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 14 #
Proposal for a regulation
Recital 18
Recital 18
(18) It is appropriate to establish the target fishing mortality (F) that corresponds to the objective of reaching and maintaining MSY as ranges of values which are consistent with achieving MSY (i.e. FMSY). Those ranges, based on best available scientific advice, are necessary to provide flexibility to take account of developments in the scientific advice, contribute to the implementation of the landing obligation and accommodate mixed fisheries. Based on this plan, they are derived to deliver no more than 5 % reduction in the long-term yield as compared with MSY. In addition, the upper limit of the FMSY range is capped with the aim that the probability of the stock falling below the biomass limit reference point (BLIM) is no more than 5 %.
Amendment 16 #
Proposal for a regulation
Recital 19
Recital 19
(19) For the purposes of fixing fishing opportunities, there should be FMSY ranges for ‘normal use’ and, subject to the good status of the stocks concerned, more flexible FMSY ranges. It should be possible to set fishing opportunities within the latter only if, on the basis of the scientific advice, this is necessary to achieve the objectives laid down in this Regulation in mixed fisheries, to avoid harm to a stock caused by intra- or inter-species stock dynamics, or to limit year-on-year variations in fishing opportunities, variations which seem incompatible with the principle of a multi-annual plan.
Amendment 17 #
Proposal for a regulation
Recital 21
Recital 21
(21) Appropriate safeguards should be put in place to ensure that the targets are met and to trigger remedial measures where needed, amongst others where stocks fall below the conservation reference points. Remedial measures should include emergency measures in accordance with Articles 12 and 13 of Regulation (EU) No 1380/2013, fishing opportunities and other specific conservation measures, but also financial aid for fishers directly affected by those measures.
Amendment 18 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 19 #
Proposal for a regulation
Recital 25
Recital 25
(25) Where scientific advice shows that recreational fisheries have a significant impact on the fishing mortality of the stocks concerned, the Council should take them into account. To that effect, the Council may set fishing opportunities through the effort regime for commercial catches which takes into account the volume of recreational catches and/or to adopt other measures restricting recreational fisheries. In any event, to give the mechanism a degree of flexibility, fishing opportunities set for recreational fishers should cover periods no less than one month long.
Amendment 20 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 22 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 24 #
Proposal for a regulation
Recital 29
Recital 29
(29) Further conservation measures should be taken as regards demersal stocks. In particular, in accordance with the scientific advice, it is appropriate to have additional closures in areas with high aggregations of spawning individuals in order to protect a severely harmed adult stage of hake, without prejudice to fair compensation for fishers affected by those closures.
Amendment 25 #
Proposal for a regulation
Recital 30
Recital 30
(30) The precautionary approach should apply for by-catch stocks and for demersal stocks for which sufficient data are not available. Specific conservation measures should be adopted in accordance with Article 18 of Regulation (EU) No 1380/2013 where the scientific advice shows that remedial measures are needed, provided that fishers affected by those closures are given fair compensation.
Amendment 26 #
Proposal for a regulation
Recital 31
Recital 31
(31) The plan provided for in this Regulation should provide for additional technical conservation measures to be adopted by means of delegated acts. This is necessary to achieve the objectives of the plan, in particular as regards conserving demersal stocks and improving selectivity. However, those measures shall be conditional upon fishers affected by their application receiving fair compensation.
Amendment 28 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 29 #
Proposal for a regulation
Recital 33
Recital 33
(33) To enable the plan provided for in this Regulation to be adapted in a timely manner to technical and scientific progress, the Commission should be empowered to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in order to supplement this Regulation with remedial and technical conservation measures, implement the landing obligation and amend certain elements of the plan. It is of particularly importantce 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 Inter-institutional Agreement of 13 April 2016 on Better Law-Making31. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council are to receive all documents at the same time as Member States’ experts, and their experts are systematically to have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Lastly, those measures shall be accompanied by fair compensation for fishers affected by their application. _________________ 31 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 30 #
Proposal for a regulation
Recital 36
Recital 36
(36) In accordance with Article 10(3) of Regulation (EU) No 1380/2013, the Commission should periodically assess the adequacy and effectiveness of this Regulation. That assessment should follow and be based on periodic evaluation of the plan provided for in this Regulation, on the basis of scientific advice, by the STECF, after an initial five years and every five years thereafter. This allows for the full implementation of the landing obligation and for regionalised measures to be adopted and, implemented and to have an impact on the stocks and fisheries. Five years is also the minimum period required by scientific bodies.
Amendment 32 #
Proposal for a regulation
Article premier – paragraph 5
Article premier – paragraph 5
Amendment 35 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The plan shall contribute to the elimination of discards by avoiding and reducing unwanted catches as far as possible, and to the implementation of the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 for the species which are subject to minimum conservation reference sizes and to which this Regulation applies.
Amendment 40 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Measures in the plan shall be taken on the basis of the best available scientific advice. Where there is insufficient data, a comparable degree of conservation of the relevant stocks shall be pursued.
Amendment 41 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The target fishing mortality in line with the ranges of FMSY defined in Article 2 shall be achieved as soon as possible, and on a progressive, incremental basis by 2020within four years of the adoption of the plan for the stocks concerned, and shall be maintained thereafter within the ranges of FMSY.
Amendment 45 #
Proposal for a regulation
Article 4 – paragraph 5 – point c
Article 4 – paragraph 5 – point c
(c) in order to limit variations in fishing opportunities between consecutive years to a maximum of 210 %.
Amendment 47 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where the scientific advice shows that the spawning biomass of any of the stocks concerned is below the precautionary reference point (BPA), remedial measures shall be adopted to ensure the rapid return of the stocks concerned to levels above those capable of producing MSY. In particular, by way of derogation from Article 4(3) and (5), fishing opportunities shall be set at levels consistent with a fishing mortality that is reduced within the range of FMSY for the most vulnerable stock, taking into account the decrease in biomass, provided that fishers affected by those closures are given fair compensation.
Amendment 49 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the scientific advice shows that the spawning biomass of any of the stocks concerned is below the limit reference point (BLIM), further remedial measures shall be taken to ensure the rapid return of the stock to levels above those capable of producing MSY. In particular, by way of derogation from Article 4(3) and (5), those measures may include suspending the targeted fishery for the stock concerned and the adequate reduction of the fishing opportunities, provided that fishers affected by those closures are given fair compensation.
Amendment 50 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The choice of measures referred to in this Article shall be appropriate with the nature, gravity, duration and repetition of the situation where the spawning stock biomass is below the levels referred to in Article 5, and those measures shall be conditional upon fishers affected by their application receiving fair compensation.
Amendment 51 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. In the interests of the fishing effort regime, a management year shall cover the period from 1 February to 31 January of the following year.
Amendment 52 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Each year, in accordance with the scientific advice, the Council shall set a maximum allowable fishing effort for each effort group by Member State. The Council shall seek to avoid excessive variations from one year to the next and those variations should be designed to reduce advantages for the sector of the multi-annual nature of the plan.
Amendment 54 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. For the first year of implementation of the plan, the maximum allowable fishing effort shall be substantially reduced from the baseline provided for in paragraph 4, in accordance with the scientific advice and provided that this reduction does not hamper the economic viability of fleets in the short term.
Amendment 56 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Where the scientific advice shows significant catches of a particular stock with fishing gears other than trawls, fishing effort levels shall be set for such particular gear or gears on the basis of such scientific advice, provided that fishers subjected to a lowering in fishing efforts receive fair compensation.
Amendment 58 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Where the scientific advice shows that recreational fisheries have a significant impact on the fishing mortality of a particular stock, the Council may limit recreational fisheries when setting fishing opportunities in order to avoid exceeding the total target of fishing mortality. In any event, to give the mechanism a degree of flexibility, fishing opportunities set for recreational fishers should cover periods no less than one month long.
Amendment 61 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 64 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) distribute national quotas fairly among fleet segments, giving consideration to traditional and artisanal fisheries with more selective fishing gear; and
Amendment 65 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where a Member State allows vessels flying its flag to fish with trawls, it shall ensure that such fishing is limited to a maximum of 128 hours per fishing day, five fishing days per week or equivalent.
Amendment 67 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 70 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Within two years of the adoption of this Regulation and on the basis of the scientific advice, the Member States concerned shall establish other closure areas where there is evidence of a high concentration of juvenile fish and of spawning grounds of demersal stocks, in particular for the stocks concerned, provided that fishers affected by those fishing bans receive fair compensation.
Amendment 72 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where the closure areas referred to in paragraph 2 affect fishing vessels of several Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 8 of Regulation (EU) No 1380/2013 and Article 18 of this Regulation and on the basis of the scientific advice, establishing the closure areas concerned, provided that fishers affected by those fishing bans receive fair compensation.
Amendment 74 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 18 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 supplementing this Regulation by establishing the following technical conservation measures:
Amendment 77 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) prohibiting or limiting fishing in specific areas or time periods to protect spawning and juvenile fish, fish below the minimum conservation reference size or non-target fish species, provided that fishers affected by those fishing bans receive fair compensation;
Amendment 79 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) prohibiting or limiting fishing in specific areas or time periods to protect vulnerable ecosystems and species, provided that fishers affected by those fishing bans receive fair compensation;
Amendment 81 #
Proposal for a regulation
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
(f) on recreational fisheries (provided that, with a view to giving the mechanism a degree of flexibility, fishing opportunities set for recreational fishers cover periods no less than one month long); and
Amendment 82 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 83 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 85 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. FiveTwo years after the date of entry into force of this Regulation and every fivetwo years thereafter, the Commission shall report to the European Parliament and to the Council on the results and the impact of the plan on the stocks to which this Regulation applies and on the fisheries exploiting those stocks, in particular as regards the achievement of the objectives set out in Article 3.