44 Amendments of Nicola CAPUTO related to 2018/0074(COD)
Amendment 54 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a multiannual plan for fishcertain demersal fish and crustaceans stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulation (EU) 2016/1139 establishing a multiannual plan for the Baltic Sea, and repealing Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) 509/2007 and (EC) 1300/2008
Amendment 64 #
Proposal for a regulation
Recital 5
Recital 5
(5) For the achievement of the objectives of the CFP, a number of conservation measures are to be adopted as appropriate in any combination thereof, such as multi-annual plans, technical measures, fixing and allocation of fishing opportunities, in accordance with the best available scientific advice.
Amendment 66 #
Proposal for a regulation
Recital 6
Recital 6
(6) 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, this plan should contain objectives, quantifiable targets with clear timeframes, conservation reference points, safeguards and technical measures designed to avoid and reduce unwanted catches, in order to achieve the targets set out in Article 15 of Regulation (EU) No 1380/2013, and to minimise the impact on the marine environment.
Amendment 76 #
Proposal for a regulation
Recital 11
Recital 11
(11) Some demersal stocks are exploited both in the Western Waters and in their adjacent waters. Therefore the scope of the provisions of the plan relating to targets and safeguards for demersal stocks that are mainly exploited in the Western Waters should be extended for those areas outside the Western Waters. In addition, for stocks also present in the Western Waters that are mainly exploited outside the Western Waters, it is necessary to establish the targets and safeguards in multiannual plans for areas outside the Western Waters where those demersal stocks are mainly exploited, extending the scope of those multiannual plans so that they also cover the Western Waters.
Amendment 82 #
Proposal for a regulation
Recital 12
Recital 12
(12) The geographical scope of the multiannual plan should be based on the geographical distribution of demersal stocks indicated in the latest scientific stock advice provided by ICES. Future changes to the geographical distribution of stocks as set out in the multiannual plan may be needed either due to improved scientific information or due to migration of demersal stocks. Therefore, the Commission should be empowered to adopt delegated acts adjusting the geographical distribution of stocks set out in the multiannual plan if the scientific advice provided by ICES, or a similar independent scientific body recognised by the European Union or internationally, indicates a change in the geographical distribution of the relevant stocks.
Amendment 85 #
Proposal for a regulation
Recital 13
Recital 13
(13) Where demersal stocks of common interest are also exploited by third countries, the Union should engage with those third countries with a view to ensuring that these stocks are managed in a sustainable manner that is consistent with the objectives of Regulation (EU) 1380/2013, in particular Article 2(2) thereof, and of this Regulation. Where no formal agreement is reached, the Union should make every effort to reach common arrangements for fishing of such stocks with a view to making the sustainable management possible thereby promoting the level-playing field for Union operators.
Amendment 92 #
Proposal for a regulation
Recital 14
Recital 14
(14) The objective of this plan should be to contribute to the achievement of the objectives of the CFP, and in particular, reaching and maintaining MSY for the target stocks, implementing the landing obligation for demersal stocks subject to catch limits,. It must also promotinge a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and 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/EC) and the objectives of Directive 2009/147/EC and Council Directive 92/43/EEC. This plan should also specify details for the implementation of the landing obligation in Union waters of the Western Waters for all stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.
Amendment 96 #
Proposal for a regulation
Recital 16
Recital 16
(16) 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(FMSY). Those ranges, based on best available scientific advice, are necessary in order to provide flexibility to take account of developments in the scientific advice, to contribute to the implementation of the landing obligation and to take into account the characteristics of mixed fisheries. The FMSY ranges should be calculated by the International Council for the Exploration of the Sea (ICES), or a similar independent scientific body recognised by the European Union or internationally, in particular in its periodic catch advice. Based on this plan they are derived to deliver no more than a 5% reduction in long-term yield compared to MSY24 . The upper limit of the range is capped, so that the probability of the stock falling below Blim is no more than 5%. That upper limit also conforms to the ICES "advice rule", which indicates that when the spawning biomass or abundance is in a poor state, F be reduced to a value that does not exceed an upper limit equal to the FMSY point value multiplied by the spawning biomass or abundance in the total allowable catch (TAC) year divided by MSY Btrigger. ICES uses these considerations and the advice rule in its provision of scientific advice on fishing mortality and catch options. _________________ 24 EU request to ICES to provide FMSY ranges for selected stocks in ICES subareas 5 to 10
Amendment 101 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to achieve the objectives expressed in Article 2(2) of Regulation (EU) No 1380/2013, it is appropriate to establish the target fishing mortality (F) as not exceeding the maximum sustainable yield exploitation rate. This rate shall be achieved as soon as possible and, on a progressive, incremental basis at the latest by 2020 for all stocks to which this Regulation applies.
Amendment 110 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to apply a regional approach to conservation and sustainable exploitation of marine biological resources, it is appropriate to provide for a possibility to take specific technical measures in the Western Waters regarding all stockfor fisheries of demersal species in the Western Waters.
Amendment 118 #
Proposal for a regulation
Recital 22
Recital 22
(22) Where the Council takes into account a significant impact of recreational fisheries in the framework of the fishing opportunities for a certain demersal stock, it should be able to set a TAC for commercial catches which takes into account the volume of recreational catches and/or to adopt other measures restricting recreational fisheries such as bag limits and closure periods.
Amendment 122 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In order to protect sensitive species and habitats, in particular those critically endangered and impacted due to fishing pressure, the plan should establish management measures to the concerned fisheries including modification of vessel gears, modification of vessel activities, and modifications to the vessel itself. The plan should provide for additional management measures to be further specified in accordance with Article 18 of Regulation (EU) No 1380/2013. The Commission may adopt implementing acts laying down a sea basin analysis, and the format and timetables for the submission and approval of management measures.
Amendment 132 #
Proposal for a regulation
Recital 28
Recital 28
(28) Applying dynamic references to ranges of FMSY and to conservation reference points guarantees that these parameters, which are essential for setting fishing opportunities, do not become outdated and the Council is always able to use the best available scientific advice. Moreover, that approach providing dynamic references to the best available scientific advice should be followed for managing stocks in the Baltic Sea. In this context, "best available scientific advice" refers to publicly available scientific advice that is supported by the most up-to-date scientific data and methods and has either been issued or reviewed by an independent scientific body that is recognisedwhich is peer reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF) or other appropriate scientific bodies such ats the European Union or international level. Regulation (EU) 2016/113927 should therefore be amended. _________________ 27Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing CouncilInternational Council for the Exploration of the Sea (ICES). It shall be supported by the most up-to-date scientific data and methods available and meet the requirements of Article 25 of Regulation (ECU) No 1098/2007 (OJ L 191, 15.7.2016, p. 1)380/2013.
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Where on the basis of scientific advice the Commission considers that the list of stocks set out in the first subparagraph of paragraph 1 needs to be amended, the Commission may submits a proposal for the amendment of that list.
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation also applies to by- catches caught in the Western Waters when fishing for the demersal stocks listed in paragraph 1. However, where ranges of FMSY and safeguards linked to biomass for those stocks are established under other Union legal acts establishing multiannual plans, those ranges and safeguards shall apply.
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. This Regulation also specifies details for the implementation of measures to minimise the impact of the fisheries on the marine environment, in particular the incidental catches of protected species, in Union waters of the Western Waters for all fisheries fishing in those waters. The Commission may adopt implementing acts laying down a sea basin analysis, and the format and timetables for the submission and approval of management measures.
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation also specifies details for the implementation of the landing obligation in Union waters of the Western Waters for all demersal stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Regulation provides for technical measures for commercial and recreational fisheries, as set out in article 8, applicable in the Western Waters in respect of any demersal stock.
Amendment 158 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) "Range of FMSY" means a range of values provided in the best available scientific advice, in particular from the International Council on the Exploration of the Sea (ICES), or similar independent scientific body recognised by the European Union or internationally, where all levels of fishing mortality within that range, result in maximum sustainable yield (MSY) in the long term given a fishing pattern and under existing average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the maximum sustainable yield. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (Blim) is no more than 5 %;
Amendment 161 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) " Blim" means the stock size reference point provided in the best available scientific advice, in particular by ICES, or a similar independent scientific body recognised by the European Union or internationally, below which there may be reduced reproductive capacity;
Amendment 162 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) "MSY Btrigger" means the spawning stock biomass, or in the case of Norway lobster – abundance, reference point provided in the best available scientific advice, in particular from ICES, or similar independent scientific body recognised by the European Union or internationally, below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term.
Amendment 163 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) “Best available scientific advice” refers to publicly available scientific advice which is peer reviewed by an appropriate scientific body such as the Scientific, Technical and Economic Committee for Fisheries (STECF) and the International Council for the Exploration of the Sea (ICES) . It shall be supported by the most up-to-date peer reviewed scientific data and methods available and meet the requirements of Article 25 of Regulation (EU) No 1380/2013.
Amendment 175 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. In particular, the plan should contribute to reduce, and preferably eliminate, bycatch of sensitive species such as birds, cetaceans and turtles, as well as the impact on sensitive habitats in particular sea mounts, deep-sea reefs and coral gardens or sponges colonies. It shall be coherent with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC and the objectives set out in Articles 4 and 5 of Directive 2009/147/EC and Articles 6 and 12 of Council Directive 92/43/EEC.
Amendment 184 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Measures under the plan shall be taken in accordance with the best available scientific advice. Best available scientific advice shall be peer reviewed by reliable and appropriate scientific bodies such as the International Council for the Exploration of the Sea (ICES) or the Scientific, Technical and Economic Committee for Fisheries (STECF). It shall be made publicly available at the latest when these measures are proposed by the Commission. Where there is insufficient data, a comparable degree of conservation of the relevant stocks shall be pursued.
Amendment 187 #
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 2020 for the demersal stocks listed in Article 1(1), and shall be maintained thereafter within the ranges of FMSY, in accordance with this Article.
Amendment 191 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Those ranges of FMSY based on this Plan shall be requested from ICES, or a similar independent scientific body recognised by the European Union or internationally.
Amendment 201 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Those stocks shall be managed under the precautionary approach to fisheries management as defined in point 8 of Article 4 (1) of Regulation (EU) No 1380/2013 when no adequate scientific information is availableand in accordance with the objectives set in Article 3(1) and Article 3(3) of this Regulation when no adequate scientific information is available. Fisheries management measures for these stocks shall ensure a degree of conservation at least comparable to exploitation rates consistent with the MSY as required by Article 9 of Regulation (EU) No 1380/2013.
Amendment 207 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) shall be requested from ICES, or a similar independent scientific body recognised by the European Union or internationally, based on this Plan:
Amendment 212 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. When scientific advice indicates that for a given year the spawning biomass, and in the case of Norway lobster stocks – abundance, of any of the demersal stocks referred to in Article 1(1) is below the MSY Btrigger, all appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit 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 below the upper range of FMSY, taking into account the decrease in biomass.
Amendment 213 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. When scientific advice indicates that the spawning stock biomass, and in the case of Norway lobster stocks – abundance, of any of the demersal stocks referred to in Article 1(1) is below the Blim, further remedial measures shall be taken to ensure rapid return of the stock or functional unit concerned to levels above the level capable of producing MSY. In particular, those remedial measures may include, by way of derogation from Article 4 (3) and (5), suspending the targeted fishery for the stock or functional unit concerned and the adequate reduction of fishing opportunities.
Amendment 221 #
2. The measures referred to in paragraph 1 of this Article shall contribute to the achievement of the objectives set out in Article 3 and are applicable to both commercial and recreational fisheries.
Amendment 223 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States shall take into account objective and transparent criteria pursuant to Article 17 of Regulation (EU) No 1380/2013, including selectivity and reduced environmental impact, when allocating quotas.
Amendment 228 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. When scientific advice indicates that recreational fisheries may have a significant impact on the fishing mortality of a particular demersal stock, the Council shall take them into account and may limit recreational fisheries when setting fishing opportunities in order to avoid exceeding the total target of fishing mortality.
Amendment 231 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
For all demersal stocks of species in the Western Waters to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013, the Commission is empowered to adopt delegated acts in accordance with Article 15 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 in order to supplement this Regulation by specifying details of that obligation as provided for in points (a) to (e) of Article 15(5) of Regulation (EU) No 1380/2013.
Amendment 235 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where stocks of common interest are also exploited by third countries, the Union shall engage with those third countries with a view to ensuring that those stocks are managed in a sustainable manner that is consistent with the objectives of Regulation (EU) 1380/2013, in particular Article 2(2) thereof, and of this Regulation. Where no formal agreement is reached, the Union shall make every effort to reach common arrangements for fishing of such stocks with a view to making the sustainable management possible thereby promoting a level-playing field for Union operatorsexploiting stocks at the MSY rate by 2020 at the latest and thereafter.
Amendment 237 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. For the purpose of paragraph 1 of this Article, Member States having direct management interest in the North Western waters and Member States having direct management interest in the South Western waters may submit joint recommendations in accordance with Article 18(1) of Regulation (EU) No 1380/2013 for the first time not later than twelve months after the entry into force of this Regulation and thereafter twelve months after each submission of the evaluation of the plan in accordance with Article 14. They may also submit such recommendations when deemed necessary by them, in particular in the event of an abrupt change in the situation for any of the stocks to which this Regulation applies. Joint recommendations in respect of measures concerning a given calendar year shall be submitted no later than 1 July of the previous year, or as soon as possible when such joint recommendations wish to tackle emergency situations identified by the latest scientific advice.
Amendment 248 #
Proposal for a regulation
Article 17 – paragraph 1 – point 1
Article 17 – paragraph 1 – point 1
Regulation (EU) 2016/1139
Article 2 – point 2
Article 2 – point 2
(2) "Range of FMSY" means a range of values provided in the best available scientific advice, in particular from the International Council on the Exploration of the Sea (ICES), or a similar independent scientific body recognised by the European Union or internationally, where all levels of fishing mortality within that range, result in maximum sustainable yield (MSY) in the long term given a fishing pattern and under existing average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the maximum sustainable yield. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (Blim) is no more than 5 %;
Amendment 249 #
Proposal for a regulation
Article 17 – paragraph 1 – point 1
Article 17 – paragraph 1 – point 1
Regulation (EU) 2016/1139
Article 2 – point 8
Article 2 – point 8
(8) " Blim" means the stock size reference point provided in the best available scientific advice, in particular by ICES, or a similar independent scientific body recognised by the European Union or internationally, below which there may be reduced reproductive capacity;
Amendment 250 #
Proposal for a regulation
Article 17 – paragraph 1 – point 1 Regulation (EU) 2016/1139
Article 17 – paragraph 1 – point 1 Regulation (EU) 2016/1139
(9) "MSY Btrigger" means the spawning stock biomass reference point provided in the best available scientific advice, in particular from ICES, or a similar independent scientific body recognised by the European Union or internationally, below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term;
Amendment 251 #
Proposal for a regulation
Article 17 – paragraph 1 – point 2
Article 17 – paragraph 1 – point 2
Regulation (EU) 2016/1139
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 2020 for the pelagic stocks listed in Article 1(1), and shall be maintained thereafter within the ranges of FMSY, in accordance with this Article.
Amendment 253 #
Proposal for a regulation
Article 17 – paragraph 1 – point 2
Article 17 – paragraph 1 – point 2
Regulation (EU) 2016/1139
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Those ranges of FMSY based on this Plan shall be requested from ICES, or similar independent scientific body recognized by the European Union or internationally.
Amendment 256 #
Proposal for a regulation
Article 17 – paragraph 1 – point 3
Article 17 – paragraph 1 – point 3
Regulation (EU) 2016/1139
Article 4 a (new) – paragraph 1 – introductory part
Article 4 a (new) – paragraph 1 – introductory part
The following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) shall be requested from ICES, or a similar independent scientific body recognised by the European Union or internationally, based on this Plan:
Amendment 257 #
Proposal for a regulation
Article 17 – paragraph 1 – point 4
Article 17 – paragraph 1 – point 4
Regulation (EU) 2016/1139
Article 5 – paragraph 1
Article 5 – paragraph 1
1. When scientific advice indicates that for a given year the spawning biomass of any of the pelagic stocks referred to in Article 1(1) is below the MSY Btrigger, all appropriate remedial measures shall be adopted to ensure rapid return of the stock 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 below the upper range of FMSY, taking into account the decrease in biomass.
Amendment 258 #
Proposal for a regulation
Article 17 – paragraph 1 – point 4
Article 17 – paragraph 1 – point 4
Regulation (EU) 2016/1139
Article 5 – paragraph 2
Article 5 – paragraph 2
2. When scientific advice indicates that the spawning stock biomass of any of the pelagic stocks referred to in Article 1(1) is below the Blim, further remedial measures shall be taken to ensure rapid return of the stock concerned to levels above the level capable of producing MSY. In particular, those remedial measures may include, by way of derogation from Article 4 (3) and (5), suspending the targeted fishery for the stock and the adequate reduction of fishing opportunities.