Activities of Nicola CAPUTO related to 2016/0074(COD)
Plenary speeches (1)
Conservation of fishery resources and protection of marine ecosystems through technical measures (debate) IT
Amendments (116)
Amendment 39 #
Proposal for a regulation
Recital 24
Recital 24
(24) Where no technical measures are in place at regional level then defined baseline standards should apply. Those baseline standards should be derived from existing technical measures, taking account of STECF advice and the opinions of stakeholders. They should consist of bBaseline mesh sizes for towed gears and static nets, minimum conservation reference sizes, closed or restricted areas, nature conservation measures to mitigate against bycatches of marine mammals and seabirds in certain areas and any other regionally specific measures currently in existence that are still required to ensure conservation objectives continue to be met until such times measures are put in place under regionalisationare, in any case, subject to rules adopted at regional level in accordance with the provisions of Article 18 of Regulation 1380/2013.
Amendment 40 #
Proposal for a regulation
Recital 24
Recital 24
(24) Where no technical measures are in place at regional level then defined baseline standards should apply. Those baseline standards should be derived from existing technical measures, taking account of STECF advice and the opinions of stakeholders. They should consist of baseline mesh sizes for towed gears and static nets, minimum conservation reference sizes, closed or restricted areas, nature conservation measures to mitigate against and, where possible, eliminate, bycatches of marine mammals and seabirds in certain areas and any other regionally specific measures currently in existence that are still required to ensure conservation objectives continue to be met until such times measures are put in place under regionalisation.
Amendment 41 #
Proposal for a regulation
Recital 25
Recital 25
(25) Member States, in conjunction with stakeholders can, should develop joint recommendations for appropriate technical measures that deviate from the baselines, in accordance with the regionalisation process set out in the CFP, even where there is no multiannual plan.
Amendment 45 #
Proposal for a regulation
Recital 27
Recital 27
(27) The main instrument for establishing regional technical measures should be throughUnder the multiannual plans as defined in the CFP. Under such multiannual plans the baseline standards may be amended, new measures established to supplement or replace the baseline standards or derogate from these measures where it can be demonstrated they have no conservation benefit or that alternative measures have been put in place that ensure the objectives and targets continue to be met. In accordance with Article 10 of Regulation (EU) No 1380/2013, multiannual plans may also contain other nature conservation measures to minimise the negative impact of fishing on the ecosystem, such as the ones necessary for the purpose of complying with the obligations under Article 13(4) of Directive 2008/56/EC, Article 4 of Directive 2009/147/EC or Article 6 of Directive 92/43/EEC.
Amendment 46 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
27a. Where there is a direct management interest concerning a single Member State, proposals for individual technical measures may be submitted, to modify existing conservation measures, subject to consultation of the relevant Advisory Councils.
Amendment 47 #
Proposal for a regulation
Recital 28
Recital 28
(28) In developing joint recommendations to adopt alternative size and species selective gears to the baseline mesh sizes in multiannual plans, regional groups of Member States should ensure that such gears result in, as a minimum, similar or improved selectivity patterns as the baseline gears.
Amendment 48 #
Proposal for a regulation
Recital 29
Recital 29
(29) In developing joint recommendations to amend or establish new closed or restricted areas in multiannual plans to protect juveniles and spawning aggregations, regional groups of Member States should define the specifications, extent, duration, gear restrictions and control and monitoring arrangements in their joint recommendations.
Amendment 49 #
Proposal for a regulation
Recital 30
Recital 30
(30) In developing joint recommendations to amend or establish minimum conservation reference sizes in multiannual plans, regional groups of Member States should ensure the objectives of the CFP are not jeopardised by ensuring that the protection of juveniles of marine species should be respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created.
Amendment 50 #
Proposal for a regulation
Recital 30
Recital 30
(30) In developing joint recommendations to amend or establish minimum conservation reference sizes in multiannual plans, regional groups of Member States should ensure the objectives of the CFP are not jeopardisachieved by ensuring that the protection of juveniles of marine species ishould be respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created.
Amendment 54 #
(38) The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to update the list of fish and shellfish for which directed fishing is prohibited; to update the list of sensitive areas where fishing should be restricted; to adopt technical measures as part of multiannual plans; and to adopt technical measures as part of temporary discard plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.Does not affect the English version.)
Amendment 60 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. As tools to support the implementation of the Common Fisheries Policy (CFP), technical measures shall contribute to the objectives of the CFP set out in Article 2 of Regulation (EU) No 1380/2013 and in particular in paragraphs 1, 2, 3 and 5(a), (i) and (j) of that Article.
Amendment 67 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) ensure that catches of marine species below minimum conservation reference sizes do not exceed 5% by volume in accordance with Article 2(2) and Article 15 of Regulation (EU) No 1380/2013.are reduced as much as possible;
Amendment 71 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) ensure that bycatches of marine mammals, marine reptiles, seabirds and other non-commercially exploited species do not exceed levels provided for in UnioEuropean legislation and international agreements that are binding on the Union.
Amendment 73 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) ensure that the environmental impacts of fishing activities on seabed habitats do not exceed the levels needed to achieve good environmental status for each habitat type assessed in the framework of Directive 2008/56/EC in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achieved.
Amendment 82 #
Proposal for a regulation
Article 6 – paragraph 1 – point 9
Article 6 – paragraph 1 – point 9
(9) 'recreational fisheries' means non- commercial fishing activities exploiting marine living aquaticbiological resources for recreation, tourism or sport;
Amendment 101 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In accordance with the procedure set out in Article 18 of Regulation (EU) No 1380/2013 Member States may submit, jointly or individually, common recommendations defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1.
Amendment 102 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Technical measures recommended in accordance with paragraph 2 shall as a minimum be equivalentensure the same level of protection as the measures referred to in paragraph 1 in terms of exploitation patterns and level ofthe protection provided forof sensitive species and habitats as those measures referred to in paragraph 1.
Amendment 104 #
Proposal for a regulation
Article 19 – title
Article 19 – title
Amendment 106 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall be empowered to establish technical measures at regional level with the aim of achieving objectives of multiannual plans referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013. SNevertheless, even in the absence of multiannual plans and where reasons relating to conservation of marine resources and protection of ecosystems so require, such measures shall be established by means of delegated acts adopted in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013.
Amendment 245 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Technical measures adopted under this Regulation should be coherent with the Convention on Biological Diversity Strategic Plan for Biodiversity 2011 – 2020, and support the implementation of the EU Biodiversity Strategy to 2020, in particular the target on the sustainable use of fisheries resources and its related actions.
Amendment 248 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) The incidental catching of sensitive species 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 Directives 92/43/EEC, 2009/147/EC and 2008/56/EC, their high level of vulnerability and the obligation to achieve a good environmental status by 2020.
Amendment 253 #
Proposal for a regulation
Recital 9
Recital 9
(9) To evaluate the effectiveness of technical measures, targets relating to the levels of unwanted catches; to the level of byincidental catches of sensitive species and to the extent of seabed habitats adversely affected by fishing; should be established that reflect the objectives of the CFP, Union environmental legislation (in particular Council Directive 92/43, Directive 2009/147/EC and Directive 2000/60/EC of the European Parliament and of the Council21 ), and international best practices. _________________ 21 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy OJ L 327, 22.12.2000, p.1.
Amendment 256 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Member States should make the broadest possible use of the available measures in Regulation (EU) 508/2014 to support fishermen in implementing technical measures and ensure that the socio-economic objectives of the Common Fisheries Policy are taken into account.
Amendment 266 #
Proposal for a regulation
Recital 15
Recital 15
(15) For certain rare fish species, such as species of sharks and rays, that are rare or whose biological characteristics make them especially vulnerable to overexploitation even limited fishing activity could result in a serious risk to their conservation. To protect such species a general prohibition on fishing for them should be introduced.
Amendment 271 #
Proposal for a regulation
Recital 24
Recital 24
(24) Where no technical measures are in place at regional level then defined baseline standards should apply. Those baseline standards should be derived from existing technical measures, taking account of STECF advice and the opinions of stakeholders. They should consist of baseline mesh sizes for towed gears and static nets, minimum conservation reference sizes, closed or restricted areas, nature conservation measures to mitigate againstnimise, and, where possible, eliminate bycatches of marine mammals and seabirds in certain areas and any other regionally specific measures currently in existence that are still required to ensure conservation objectives continue to be met until such times measures are put in place under regionalisation.
Amendment 279 #
Proposal for a regulation
Recital 26
Recital 26
(26) Such regional technical measures should as a minimum be equivalent in terms of exploitation patterns and protection for sensitive species and habitats as the baseline standards. The adoption of regional technical measures should be based on best available scientific advice.
Amendment 286 #
Proposal for a regulation
Recital 30
Recital 30
(30) In developing joint recommendations to amend or establish minimum conservation reference sizes in multiannual plans, regional groups of Member States should ensure the objectives of the CFP are not jeopardisachieved by ensuring that the protection of juveniles of marine species ishould be respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created.
Amendment 290 #
Proposal for a regulation
Recital 31
Recital 31
(31) The creation of real-time closures in conjunction with moving-on provisions as an additional measure for the protection of juveniles or spawning aggregations or sensitive species should be allowed as an option to be developed under joint recommendations. The conditions for the establishment and lifting of such areas as well as the control and monitoring arrangements should be defined in the relevant joint recommendations.
Amendment 293 #
Proposal for a regulation
Recital 32
Recital 32
(32) On the basis of scientific assessment of the impacts of innovative gears, duly evaluated by the STECF, the use of such or extension to the use of novel gears, such as the electric pulse trawl could be included as an option in joint recommendations from regional groups of Member States. The use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative impacts on sensitive habitats and non- target species or compromise the achievement of a good environmental status of marine waters.
Amendment 297 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to minimise and, where possible, eliminate the bycatches of sensitive species and impacts of fishing gears on sensitive habitats, regional groups of Member States should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats. Where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then Member States should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region. In particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds.
Amendment 300 #
Proposal for a regulation
Recital 36
Recital 36
(36) In order not to hinder scientific research, artificialdirect restocking and transplantation, the provisions of this Regulation should not apply to operations which may be necessary for the conducting of such activities.
Amendment 301 #
Proposal for a regulation
Recital 37
Recital 37
(37) Where the best available scientific advice indicates that immediate action is required to protect marine species and habitats, the Commission should be able in duly justified cases to adopt immediately applicable delegated acts establishing technical measures to alleviate such threats, in addition to or by way of derogation to this Regulation or technical measures otherwise fixed in accordance with Union law. Those measures should be designed in particular to address unexpected changes in stock patterns as a result of high or low levels of recruitment of juveniles into a stock, or bycatch of sensitive species, to provide protection for spawning fish or shellfish when stocks are at very low levels or other changes in the conservation status of fish stocks or sensitive species, which may threaten the status of a stock, as well as to address deterioration of species populations and habitats due to fishing impacts and any other conservation measures needed. They could include restrictions on the use of towed or static gears or on fishing activities in certain areas or during certain periods.
Amendment 311 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to activitiesWithout prejudice to article 29, this Regulation shall apply to all fishing activities (recreational and commercial) pursued by Union fishing vessels and nationals of Member States, without prejudice to the primary responsibility of the flag State, in the fishing zones referred to in Article 5 as well as by fishing vessels flying the flag of, and registered in, third countries when fishing in Union waters.
Amendment 323 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) optimise exploitation patterns to provide protection for juveniles and/or spawning aggregations of marine species;
Amendment 330 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) contribute to having in placeensure that fisheries management measures for the purposes of complying with the obligations under Directives 92/43/EEC, 2009/147/EC, 2008/56/EC and 2000/60/EC are in place.
Amendment 346 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) ensure that bycatches of marine mammals, marine reptiles, seabirds and other non-commercially exploited species do not exceed levels provided for in Union legislation and international agreements.are progressively eliminated;
Amendment 352 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) ensure that the environmental impacts of fishing activities on seabed habitats do not exceedmarine habitats, including sensitive seabed habitats, are minimised and maintained below the levels needed to achieve good environmental status. In particular for each habitat type assessed in the framework of Directive 2008/56/EC, in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achievedsupport Descriptors 1 and 6 laid down in Annex I of the Directive 2008/56/EC.
Amendment 356 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) ensure that the environmental impacts of fishing activities on Natura 2000 sites are managed according to the conservation objectives laid down in Directives 92/43/EEC and 2009/147/EC.
Amendment 358 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall monitor the effectiveness of technical measures in achieving the targets set out in paragraph 1. The extent to which these targets have been achieved shall be reviewed as part of the reporting process set out in Article 34.
Amendment 361 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Socio-economic objectives In order to take into account the socio- economic objectives of Article 2 (5)( c),( f) and (i) of Regulation (EU) No 1380/2013, when adopting and implementing technical and conservation measures, Member State shall make extensive use of the measures in Articles 38, 39 and 40 of Regulation (EU) N°508/2014.
Amendment 366 #
Proposal for a regulation
Article 6 – paragraph 1 – point 1
Article 6 – paragraph 1 – point 1
(1) ‘exploitation pattern’ means how fishing pressure is distributed across the age and size profile of a stock;
Amendment 370 #
Proposal for a regulation
Article 6 – paragraph 1 – point 1
Article 6 – paragraph 1 – point 1
(1) ‘exploitation pattern’ means how fishing pressuremortality is distributed across the age profile of a stock;
Amendment 377 #
Proposal for a regulation
Article 6 – paragraph 1 – point 4
Article 6 – paragraph 1 – point 4
(4) ‘directed fishing’ means fishing for a defined species or combination of species where the total catch of that/those species makes up more than 50% of the economic value of the catch;
Amendment 378 #
Proposal for a regulation
Article 6 – paragraph 1 – point 5 a (new)
Article 6 – paragraph 1 – point 5 a (new)
(5 a) ‘conservation status of a species’ means the conservation status of species as defined by Article 1 of Directive 92/43/EEC;
Amendment 380 #
Proposal for a regulation
Article 6 – paragraph 1 – point 5 b (new)
Article 6 – paragraph 1 – point 5 b (new)
(5 b) ‘conservation status of a habitat’ means the conservation of habitats as defined by Article 1 of Directive 92/43/EEC;
Amendment 404 #
Proposal for a regulation
Article 6 – paragraph 1 – point 29
Article 6 – paragraph 1 – point 29
(29) ‘St Andrews cross’ means a grab which employs a scissor-like actionused to harvest, for example, bivalve molluscs or red coral from the seabed;
Amendment 408 #
Proposal for a regulation
Article 6 – paragraph 1 – point 41 a (new)
Article 6 – paragraph 1 – point 41 a (new)
(41 a) ‘weighted line’ means a line with added weight that increases the sinking speed of baited hooks and reduce their exposure time to seabirds;
Amendment 417 #
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) towed devices for harvesting red coral or other type of corals or coral-like organismspecies;
Amendment 419 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) St Andrew’s cross and similar grabs for harvesting, in particular, red coral or other type of corals and coral-like species;
Amendment 437 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 449 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. It shall be prohibited to deploy any bottom set gillnet, entangling net or trammel net in sites designated in accordance with Directives 92/43/EEC, 2009/147/EC and 2008/56/EC where this has an adverse effect on the conservation status of the sensitive species and habitats.
Amendment 454 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where the best available scientific advice indicates that an amendment of the list in Annex I is necessary through the addition of new species which require protection, the Commission shall be empowered to adopt such amendments by means of delegated acts in accordance with Article 32.
Amendment 457 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Measures adopted pursuant to paragraph 4 of this Article shall aim at achieving the target set out in Article 4(1)(b), (c) and (d).
Amendment 458 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Bycatches of marine mammals, seabirds and marine reptilsensitive species
Amendment 462 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Notwithstanding paragraphs 1 and 2, the retention on board, transhipment or landing of specimens of marineliving marine reptiles and seabirds species referred to in paragraph 1 which have been caught as bycatch, shall be authorised as far as this activity is necessary to secure assistance for the recovery of the individual animals and provided that t. The retention on board, transshipment or landing shall be authorised where a marine species is dead and therefore can be used for scientific purposes. The competent national authorities concerned shavell been fully informed in advancethrough detailed and accurate documentation.
Amendment 468 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. It shall be prohibited to deploy the fishing gears specified in Annex II within the relevant areas set out in that Annex. Appropriate assessment shall be carried out by Member States when fishing gears are deployed in special areas of conservation under Directive 92/43/ EEC and special protection areas under Directive 2009/147/EC.
Amendment 469 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. The deliberate disturbance, deterioration or destruction of sensitive habitats and of breeding sites or resting places of sensitive species shall be prohibited.
Amendment 472 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the best available scientific advice recommends an amendment of the list of areas in Annex II, including the addition of new areas, the Commission shall be empowered to adopt such amendments by means of delegated acts, pursuant to the procedure laid down in Article 11(2) and 11(3) of Regulation (EU) 1380/2013. When adopting such amendments, the Commission shall give particular attention to the mitigation of negative social and environmental effects of the displacement of fishing activity to other sensitive areas.
Amendment 473 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where suchensitive habitats occur in waters under the sovereignty or jurisdiction of a Member State, that Member State is empowered to establish closed areas or other conservation measures to protect such sensitive habitats, pursuant to the procedure laid down in Article 11 of Regulation (EU) No 1380/2013. Such measures shall be compatible with the objectives of Article 2 of Regulation (EU) 1380/2013 and be at least as stringent as measures under Union law.
Amendment 476 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4 a. Member States shall adopt measures to protect areas where vulnerable marine ecosystems as defined Art. 2(b) of Council Regulation 734/2008, occur or are likely to occur in waters falling under their sovereignty or jurisdictions and close those areas to bottom fishing activities unless the best available scientific advice demonstrates that such activities do not have significant adverse impacts on those ecosystems. Such measures shall be consistent with the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72 and shall as a minimum be equivalent in terms of level of protection provided for vulnerable marine ecosystems under EU regulation 734/2008.
Amendment 483 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Paragraph 1 shall not apply to fishing activities in the Mediterranean Sea or catches of species which are exempted from the application of the landing obligation in accordance with Article 15(4) of Regulation (EU) No 1380/2013.
Amendment 486 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 500 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In accordance with the procedure set out in Article 18 of Regulation (EU) No 1380/2013 Member States may, jointly or individually, submit joint recommendations defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1.
Amendment 525 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
When Member States submit joint recommendations in accordance with Article 19 to amend or establish minimum conservation reference sizes listed in Part A of Annexes V to X they shall respect the objective of ensuring the protection of juveniles of marine species. Joint recommendations shall be based on the best available scientific evidence and shall take into account biological grounds, in particular the maturity size of the species. Joint recommendations shall not jeopardise the control and enforcement provisions relating to the landing and marketing of fish products.
Amendment 531 #
Proposal for a regulation
Article 23 – paragraph 1 – indent 4
Article 23 – paragraph 1 – indent 4
Amendment 541 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The use of innovative fishing gears shall not be permitted where those assessments indicate that their use will lead to negative impacts ondirect or cumulative negative impacts on marine habitats, including sensitive habitats andor non-target species.
Amendment 545 #
Proposal for a regulation
Article 25 – paragraph 1 – indent 1
Article 25 – paragraph 1 – indent 1
- develop lists of sensitive species and habitats most at risk from fishing activities within the relevant region based on best available scientific advice;
Amendment 548 #
Proposal for a regulation
Article 25 – paragraph 1 – indent 4
Article 25 – paragraph 1 – indent 4
- specify restrictions on the construction and operation of specified gears or introduce a total prohibition on the use of certain fishing gears within a region or specific area where such gears may represent a threat to the conservation status of species referred to in Articles 11 and 12 or to the habitats referred to in Article 13 or other sensitive habitats outside NATURA 2000 sitea population of sensitive species or to sensitive habitats.
Amendment 556 #
Proposal for a regulation
Article 27 – paragraph 1 – indent 5
Article 27 – paragraph 1 – indent 5
- detailed rules on the signal and implementation characteristics of acoustic deterrent devices as referred to in Part D of Annexes V to, VI, VII, VIII and X;
Amendment 557 #
Proposal for a regulation
Article 27 – paragraph 1 – indent 6
Article 27 – paragraph 1 – indent 6
- detailed rules of the design and deployment of bird scaring lines and weighted lines as referred to in Part D of Annexes VI, VII and VIIX.
Amendment 563 #
Proposal for a regulation
Article 29 – paragraph 2 – point b
Article 29 – paragraph 2 – point b
(b) in the case of fish below the minimum conservation reference size, they are sold for purposes other than direct human consumption.
Amendment 565 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 566 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The technical measures provided for in this Regulation shall not apply to fishing operations conducted solely for the purpose of artificialdirect restocking or transplantation of marine species, provided that those operations are carried out with the permission and under the authority of the Member State or Member States having a direct management interest.
Amendment 567 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Where the artificialdirect restocking or transplantation is carried out in the waters of another Member State or Member States, the Commission and all those Member States shall be informed at least one month in advance of the intention to conduct such fishing operations.
Amendment 568 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Where available scientific advice indicates that immediate action is required to protect marine species or marine habitats, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to alleviate such threats. Those acts may concern, in particular, restrictions on the use of fishing gears or on fishing activities in certain areas or during certain periods, or any other conservation measure needed.
Amendment 569 #
Proposal for a regulation
Article 31 – paragraph 2 – point b a (new)
Article 31 – paragraph 2 – point b a (new)
(b a) provide protection for sensitive species and habitats, where there is evidence of a serious threat to their conservation.
Amendment 576 #
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) Articles 3, 8, 9, 10, 11, 12, 14, 153(3)(second subparagraph), 14, 15(1) and (2), 16 and 25 are deleted;
Amendment 587 #
Proposal for a regulation
Annex I – point o
Annex I – point o
(o) berried female crawfish (Palinuridae spp.) and berried female lobster (Homarus gammarus) in all Union waters except when used for direct restocking or transplantation purposes;Does not affect the English version.)
Amendment 605 #
Proposal for a regulation
Annex V – Part D – subheading 1
Annex V – Part D – subheading 1
Measures to reduce incidental catches of cetaceanmarine mammals in ICES division IIIa and sub- area IV
Amendment 606 #
Proposal for a regulation
Annex V – Part D – paragraph 1
Annex V – Part D – paragraph 1
1. It shall be prohibited for vessels of 12 metres or over in overall length to deploy static nets in ICES sub-area IV and ICES division IIIa, without the simultaneous use of active acoustic deterrent devicesto deploy static nets, driftnet, pelagic trawl or high vertical opening trawl or other fisheries where evidence identifies by- catch in ICES sub-area IV and ICES division IIIa, without the simultaneous use of proven mitigation technology. Exemptions should be made only for those fisheries with demonstrated negligible cumulative by-catch.
Amendment 607 #
Proposal for a regulation
Annex V – Part D – paragraph 3
Annex V – Part D – paragraph 3
3. Member States, through dedicated annual monitoring schemes, shall monitor and assess, by means of scientific studies or pilot projects, the effectiveness of the mitigation devices as described in point 1 in the fisheries and areas concerned.
Amendment 608 #
Proposal for a regulation
Annex V – Part D – subheading 1 a (new)
Annex V – Part D – subheading 1 a (new)
Amendment 633 #
Proposal for a regulation
Annex VI – Part D – paragraph 1 – title
Annex VI – Part D – paragraph 1 – title
1. Measures to reduce incidental catches of cetaceanmarine mammals in ICES divisions VIa and VII d, e, f, g, h and j
Amendment 634 #
Proposal for a regulation
Annex VI – Part D – paragraph 1 – point 1.1
Annex VI – Part D – paragraph 1 – point 1.1
1.1. It shall be prohibited for vessels of 12 metres or over in overall length to deploy static netsto deploy static nets, driftnet, pelagic trawl or high vertical opening trawl or other fisheries where evidence identifies by- catch in ICES divisions VIa and VII d, e, f, g, h and j, without the simultaneous use of active acoustic deterrent devicesproven mitigation technology. Exemptions should be made only for those fisheries with demonstrated negligible cumulative by- catch.
Amendment 635 #
Proposal for a regulation
Annex VI – Part D – paragraph 1 – point 1.3
Annex VI – Part D – paragraph 1 – point 1.3
1.3. Member States, through dedicated annual monitoring schemes, shall monitor and assess, by means of scientific studies or pilot projects, the effectiveness of the use of mitigation devices in the fisheries and areas concerned.
Amendment 636 #
Proposal for a regulation
Annex VI – Part D – paragraph 2 – point 2.1. (new)
Annex VI – Part D – paragraph 2 – point 2.1. (new)
2.1. Scientific research programmes shall be established in North Western Waters to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.
Amendment 637 #
Proposal for a regulation
Annex VI – Part D – paragraph 2 – point 2.2. (new)
Annex VI – Part D – paragraph 2 – point 2.2. (new)
2.2. Spatial measures shall be applied in North Western Waters where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.
Amendment 638 #
Proposal for a regulation
Annex VI – Part D – paragraph 2 – subparagraph 1
Annex VI – Part D – paragraph 2 – subparagraph 1
2.3 Vessels fishing with longlines in ICES sub-areas VI and VII shall use bird scaring lines and/or weighted lines and where practical shall set longline gear during the hours of darkness with the minimum of deck lighting necessary for safetyNorth Western Waters shall use a combination of scientifically tested technical solutions such as bird scaring lines, changes to line weights, hook shielding and setting longline gear during the hours of darkness with the minimum of deck lighting necessary for safety. The combinations should be determined on the basis of gear configurations and the susceptible species likely to be caught by fleets. Specification should comply with the standards as set out in international agreed guidelines.
Amendment 639 #
Proposal for a regulation
Annex VI – Part D – paragraph 2 – point 2.4. (new)
Annex VI – Part D – paragraph 2 – point 2.4. (new)
2.4 Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.
Amendment 662 #
Proposal for a regulation
Annex VII – Part D – paragraph 1 – title
Annex VII – Part D – paragraph 1 – title
1. Measures to reduce incidental catches of cetaceanmarine mammals in ICES sub- areas VIII and IXa
Amendment 666 #
Proposal for a regulation
Annex VII – Part D – paragraph 1 – point 1.1
Annex VII – Part D – paragraph 1 – point 1.1
1.1. It shall be prohibited for vessels of 12 metres or over in overall length to deploy static netsto deploy static nets, driftnet, pelagic trawl or high vertical opening trawl or other fisheries where evidence identifies marine mammals by-catch in ICES sub area VIII and division IXa, without the simultaneous use of active acoustic deterrent devicesproven mitigation technology. Exemptions should be made for fisheries with demonstrated negligible cumulative by-catch.
Amendment 668 #
Proposal for a regulation
Annex VII – Part D – paragraph 1 – point 1.3
Annex VII – Part D – paragraph 1 – point 1.3
1.3. Member States, through dedicated annual monitoring schemes, shall monitor and assess, by means of scientific studies or pilot projects, the effectiveness of the mitigation devices as described in point 1.1 in the fisheries and areas concerned.
Amendment 669 #
Proposal for a regulation
Annex VII – Part D – paragraph 2 – title
Annex VII – Part D – paragraph 2 – title
2. Measures to reducminimise incidental catches of seabirds in ICES sub-areas VIIIa and bSouth Western Waters
Amendment 670 #
Proposal for a regulation
Annex VII – Part D – paragraph 2 – point 2.1. (new)
Annex VII – Part D – paragraph 2 – point 2.1. (new)
2.1. Scientific research programmes shall be established in South Western Waters to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.
Amendment 671 #
Proposal for a regulation
Annex VII – Part D – paragraph 2 – point 2.2. (new)
Annex VII – Part D – paragraph 2 – point 2.2. (new)
2.2. Spatial measures shall be applied in South Western Waters where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.
Amendment 672 #
Proposal for a regulation
Annex VII – Part D – paragraph 2 – subparagraph 1
Annex VII – Part D – paragraph 2 – subparagraph 1
2.3 Vessels fishing with pelagic longlines in ICES sub-areas VIIIa and b shall use at least two of the following mitigation measures: bird scaring lines, weighted lines, setting the longline gear during the hours of darkness with the minimum of deck lighting necessary for safetyor, when justifiable, other longlines in South Western Waters shall use a combination of scientifically tested technical solutions such as bird scaring lines, changes to line weights, hook shielding and setting the longline gear during the hours of darkness with the minimum of deck lighting necessary for safety. The combinations should be determined on the basis of gear configurations and the susceptible species likely to be caught by fleets. Specification should comply with the minimum standards as set out in international agreed guidelines.
Amendment 673 #
Proposal for a regulation
Annex VII – Part D – paragraph 2 – point 2.4. (new)
Annex VII – Part D – paragraph 2 – point 2.4. (new)
2.4 Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.
Amendment 675 #
Proposal for a regulation
Annex VIII – Part D – paragraph 1
Annex VIII – Part D – paragraph 1
1. Measures to reduce incidental catches of cetaceanmarine mammals
Amendment 676 #
Proposal for a regulation
Annex VIII – Part D – paragraph 1 – point 1.1
Annex VIII – Part D – paragraph 1 – point 1.1
1.1. It shall be prohibited for vessels of 12 metres or over in overall length to deploy static nets in the Baltic Sea, without the simultaneous use of active acoustic deterrent devicesto deploy static nets, pelagic trawl or high vertical opening trawl or other fisheries where evidence identifies bycatch in the Baltic Sea, without the simultaneous use of proven mitigation technology. Exemptions should be made only for those fisheries with demonstrated negligible cumulative bycatch.
Amendment 677 #
Proposal for a regulation
Annex VIII – Part D – paragraph 1 – point 1.3
Annex VIII – Part D – paragraph 1 – point 1.3
1.3. Member States, through dedicated annual monitoring schemes, shall take monitor and assess, by means of scientific studies or pilot projects, the effectiveness of acoustic deterrent devices in the fisheries and areas concerned.
Amendment 678 #
Proposal for a regulation
Annex VIII – Part D – paragraph 1 a (new)
Annex VIII – Part D – paragraph 1 a (new)
1a. Measures to minimize incidental catches of seabirds 1.1. Scientific research programmes shall be established in the Baltic Sea to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears. 1.2. Spatial measures shall be applied in the Baltic Sea where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures. 1.3 Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.
Amendment 679 #
Proposal for a regulation
Annex IX – Part B – paragraph 1
Annex IX – Part B – paragraph 1
1. Baseline mesh sizes for towed and encircling gears
Amendment 680 #
Proposal for a regulation
Annex IX – Part B – paragraph 1 – subparagraph 1
Annex IX – Part B – paragraph 1 – subparagraph 1
The following codend mesh sizes shall apply in the Mediterranean. Member States may allow a derogation for boat seines, shore seines, and purse seines, if these are covered by a management plan as referred to in Article 19 of Regulation (EC) No 1967/2006, provided that the fisheries concerned are highly selective, have a negligible effect on the marine environment, and are not affected by provisions under Article 4(5) of Regulation (EC) No 1967/2006.
Amendment 695 #
Proposal for a regulation
Annex IX – Part D
Annex IX – Part D
Amendment 696 #
Proposal for a regulation
Annex IX – Part D – paragraph 1 – title
Annex IX – Part D – paragraph 1 – title
1. Measures to reduce incidental catches of cetaceanmarine mammals
Amendment 697 #
Proposal for a regulation
Annex IX – Part D – paragraph 1 – point 1.1
Annex IX – Part D – paragraph 1 – point 1.1
1.1. It shall be prohibited for vessels of 12 metres or over in overall length to deploy static nets in the Mediterranean Sea without the simultaneous use of active acoustic deterrent devicesto deploy static nets, driftnet, pelagic trawl or high vertical opening trawl or other fisheries where evidence identifies by- catch in the Mediterranean Sea without the simultaneous use of proven mitigation technology. Exemptions should be made only for those fisheries with demonstrated negligible cumulative by-catch.
Amendment 699 #
Proposal for a regulation
Annex IX – Part D – paragraph 1 – point 1.3
Annex IX – Part D – paragraph 1 – point 1.3
1.3. Member States, through dedicated annual monitoring schemes, shall monitor and assess, by means of scientific studies or pilot projects, the effectiveness of the mitigation devices as described in point 1.1 in the fisheries and areas concerned.
Amendment 700 #
Proposal for a regulation
Annex IX – Part D – paragraph 2 – point 2.1. (new)
Annex IX – Part D – paragraph 2 – point 2.1. (new)
2.1. Scientific research programmes shall be established in the Mediterranean to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.
Amendment 701 #
Proposal for a regulation
Annex IX – Part D – paragraph 2 – point 2.2. (new)
Annex IX – Part D – paragraph 2 – point 2.2. (new)
2.2. Spatial measures shall be applied in the Mediterranean where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.
Amendment 702 #
Proposal for a regulation
Annex IX – Part D – paragraph 2 – subparagraph 1
Annex IX – Part D – paragraph 2 – subparagraph 1
2.3. Vessels fishing with longlines in the Mediterranean Sea shall use at least two of the following mitigation measures: bird scaring lines, weighted lines, combination of scientifically tested technical solutions such as: bird scaring lines, changes to line weights, hook shielding and setting the longline gear during the hours of darkness with the minimum of deck lighting necessary for safety. The combinations should be determined on the basis of gear configurations and the susceptible species likely to be caught by fleets. Specification should comply with the standards as set out in international agreed guidelines.
Amendment 703 #
Proposal for a regulation
Annex IX – Part D – paragraph 2 – point 2.4. (new)
Annex IX – Part D – paragraph 2 – point 2.4. (new)
2.4. Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.
Amendment 706 #
Proposal for a regulation
Annex X – Part D – paragraph 1 – title
Annex X – Part D – paragraph 1 – title
1. Measures to reduce incidental catches of cetaceanmarine mammals
Amendment 707 #
Proposal for a regulation
Annex X – Part D – paragraph 1 – point 1.1
Annex X – Part D – paragraph 1 – point 1.1
1.1. It shall be prohibited for vessels of 12 metres or over in overall length to deploy static nets in ICES sub area VIII and IX, without the simultaneous use of active acoustic deterrent devices. to deploy static nets, driftnet, pelagic trawl or high vertical opening trawl or other fisheries where evidence identifies bycatch in ICES sub area VIII and IX, without the simultaneous use of proven mitigation technology. Exemptions should be made only for those fisheries with demonstrated negligible cumulative bycatch.
Amendment 708 #
Proposal for a regulation
Annex X – Part D – paragraph 1 – point 1.3
Annex X – Part D – paragraph 1 – point 1.3
1.3. Member States, through dedicated annual monitoring schemes, shall monitor and assess, by means of scientific studies or pilot projects, the effectiveness of the mitigation devices as described in point 1.1 in the fisheries and areas concerned.
Amendment 709 #
Proposal for a regulation
Annex X – Part D – paragraph 1 a (new)
Annex X – Part D – paragraph 1 a (new)
1a Measures to minimize incidental catches of seabirds 1a.1. Scientific research programmes shall be established in the Black Sea to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears. 1a.2. Spatial measures shall be applied in the Black Sea where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures. 1a.3. Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.
Amendment 711 #
Proposal for a regulation
Annex XI – Part B a (new)
Annex XI – Part B a (new)