Activities of João ALBUQUERQUE related to 2023/0206(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down conservation, management and control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries, amending Regulation (EU) 2019/1241 of the European Parliament and of the Council and Council Regulation (EC) No 1224/2009, and repealing Council Regulation (EEC) No 1899/85 and Regulation (EU) No 1236/2010
Amendments (146)
Amendment 8 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Regarding the obligation to ensure surveillance of landings of certain pelagic stocks though camera and sensor technologies at Union ports where more than 3 000 tonnes of those stocks are weighed per calendar year, the surveillance measures should be applied to landings exceeding 10 tonnes so as to exclude small-scale coastal and artisanal fishing. The Member States will draw up a list of ports that meet such conditions, excluding ports that have no landings of more than 10 tonnes of those species or where those species are landed by vessels that already have such technologies, in line with Article 13 of the Fisheries Control Regulation. Article 13 of Regulation (EC) No 1224/2009 establishes that Union catching vessels of 18 metres in length overall which pose a high risk of non-compliance with the landing obligation should have an operating remote electronic monitoring system installed on board that includes closed-circuit television and may include other instruments or equipment.
Amendment 8 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Regarding the obligation to ensure surveillance of landings of certain pelagic stocks though camera and sensor technologies at Union ports where more than 3 000 tonnes of those stocks are weighed per calendar year, the surveillance measures should be applied to landings exceeding 10 tonnes so as to exclude small-scale coastal and artisanal fishing. The Member States will draw up a list of ports that meet such conditions, excluding ports that have no landings of more than 10 tonnes of those species or where those species are landed by vessels that already have such technologies, in line with Article 13 of the Fisheries Control Regulation. Article 13 of Regulation (EC) No 1224/2009 establishes that Union catching vessels of 18 metres in length overall which pose a high risk of non-compliance with the landing obligation should have an operating remote electronic monitoring system installed on board that includes closed-circuit television and may include other instruments or equipment.
Amendment 12 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council and Article 4 of Regulation (EC) No 1224/2009 of the Council shall apply, unless otherwise provided for in this Regulation. The following definitions shall apply:
Amendment 12 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council and Article 4 of Regulation (EC) No 1224/2009 of the Council shall apply, unless otherwise provided for in this Regulation. The following definitions shall apply:
Amendment 13 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
Amendment 13 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
Amendment 14 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
13. ‘VMS’ means a satellite-based fishing vessel monitoring system providing the competent authorities with data at regular intervals on the position, course and speed of the fishing vessel;
Amendment 14 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
13. ‘VMS’ means a satellite-based fishing vessel monitoring system providing the competent authorities with data at regular intervals on the position, course and speed of the fishing vessel;
Amendment 15 #
Proposal for a regulation
Article 3 – paragraph 1 – point 21
Article 3 – paragraph 1 – point 21
21. ‘electronic fishing logbook’ means the record by computerisedelectronic means of fishing activity details recorded by the master of a fishing vessel and transmitted to the flag State from the prior notification of entry into the Regulatory Area until the exit from the Regulatory Area.
Amendment 15 #
Proposal for a regulation
Article 3 – paragraph 1 – point 21
Article 3 – paragraph 1 – point 21
21. ‘electronic fishing logbook’ means the record by computerisedelectronic means of fishing activity details recorded by the master of a fishing vessel and transmitted to the flag State from the prior notification of entry into the Regulatory Area until the exit from the Regulatory Area.
Amendment 16 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
22. ‘FMC’ means a land-based fisheries monitoring centre of the flag State as defined in Article 4, point (15), of Regulation (EC) 1224/2009 of the Council;
Amendment 16 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
22. ‘FMC’ means a land-based fisheries monitoring centre of the flag State as defined in Article 4, point (15), of Regulation (EC) 1224/2009 of the Council;
Amendment 17 #
Proposal for a regulation
Article 3 – paragraph 1 – point 26
Article 3 – paragraph 1 – point 26
Amendment 17 #
Proposal for a regulation
Article 3 – paragraph 1 – point 26
Article 3 – paragraph 1 – point 26
Amendment 18 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Masters of Union fishing vesselember States shall implement temporary closures in the areas identified by NEAFC following information on encounters with possible VMEs until the NEAFC Secretariat notifies the re-opening of those areas.
Amendment 18 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Masters of Union fishing vesselember States shall implement temporary closures in the areas identified by NEAFC following information on encounters with possible VMEs until the NEAFC Secretariat notifies the re-opening of those areas.
Amendment 19 #
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
(d) provide a report of the results, including all raw data collected, of the exploratory bottom fishing activities to ICES and the Commission, which shall forward it to the NEAFC Secretariat.
Amendment 19 #
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
(d) provide a report of the results, including all raw data collected, of the exploratory bottom fishing activities to ICES and the Commission, which shall forward it to the NEAFC Secretariat.
Amendment 20 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall send by electronic means to the Commission the information of all fishing vessels flying their flag and registered in the Union which they intend to authorise to conduct fishing activities in the Regulatory Area. This information shall be sent by 15 December each year for the following year or in any case 15 days before the vessel’s entry into the Regulatory Area.
Amendment 20 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall send by electronic means to the Commission the information of all fishing vessels flying their flag and registered in the Union which they intend to authorise to conduct fishing activities in the Regulatory Area. This information shall be sent by 15 December each year for the following year or in any case 15 days before the vessel’s entry into the Regulatory Area.
Amendment 21 #
Proposal for a regulation
Article 8 – paragraph 5 – point c
Article 8 – paragraph 5 – point c
(c) ensure that fishing vessels flying its flag comply with applicable recommendations adopted by NEAFCthis Regulation; and
Amendment 21 #
Proposal for a regulation
Article 8 – paragraph 5 – point c
Article 8 – paragraph 5 – point c
(c) ensure that fishing vessels flying its flag comply with applicable recommendations adopted by NEAFCthis Regulation; and
Amendment 22 #
Proposal for a regulation
Article 8 – paragraph 6 – point b
Article 8 – paragraph 6 – point b
(b) IMO number (where available)or, if not applicable, other unique vessel identifier;
Amendment 22 #
Proposal for a regulation
Article 8 – paragraph 6 – point b
Article 8 – paragraph 6 – point b
(b) IMO number (where available)or, if not applicable, other unique vessel identifier;
Amendment 23 #
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) IMO number if subject to IMO Resolution A.1078(28) or, if not applicable, other unique vessel identifier;
Amendment 23 #
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) IMO number if subject to IMO Resolution A.1078(28) or, if not applicable, other unique vessel identifier;
Amendment 24 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The documents referred to in Article 7(2) and (3) of Implementing Regulation (EU) 404/2011 for Union fishing vessels of 17 metres length overall or more with fish rooms and for Union vessels with chilled or refrigerated seawater tanks shall be checked at regular intervals by the competent authority of the flag Member State.
Amendment 24 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The documents referred to in Article 7(2) and (3) of Implementing Regulation (EU) 404/2011 for Union fishing vessels of 17 metres length overall or more with fish rooms and for Union vessels with chilled or refrigerated seawater tanks shall be checked at regular intervals by the competent authority of the flag Member State.
Amendment 25 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. It shall be prohibited to deploy fishing gear that is not marked, if marking is required, or if the marking contravenes the requirements referred to in paragraph 1. NEAFC fisheries inspectors may remove and dispose of a fishing gear with non- compliant marking, as well as fish that are found in the gear. The fish that are found in the gear shall be donated to charitable organisations or organisations that benefit public interest and if not proper for human consumption disposed in accordance with national law consistent with Union law.
Amendment 25 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. It shall be prohibited to deploy fishing gear that is not marked, if marking is required, or if the marking contravenes the requirements referred to in paragraph 1. NEAFC fisheries inspectors may remove and dispose of a fishing gear with non- compliant marking, as well as fish that are found in the gear. The fish that are found in the gear shall be donated to charitable organisations or organisations that benefit public interest and if not proper for human consumption disposed in accordance with national law consistent with Union law.
Amendment 26 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 26 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 27 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. In addition to tThe information referred to in Article 14(7) and 48 of Council Regulation (EC) 1224/2009 required in those cases where the lost gear cannot be retrieved, Union fishing vessels shall notify the competent authorities of its flag Member State within 24 hours of the following:
Amendment 27 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. In addition to tThe information referred to in Article 14(7) and 48 of Council Regulation (EC) 1224/2009 required in those cases where the lost gear cannot be retrieved, Union fishing vessels shall notify the competent authorities of its flag Member State within 24 hours of the following:
Amendment 28 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 28 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 29 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 29 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 30 #
Proposal for a regulation
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 30 #
Proposal for a regulation
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 31 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall undertake to retrieve on a regular basis lost fixed gears belonging to vessels flying their flag. If gear is retrieved that has not been reported as lost, the Member State or other Contracting Party that retrieved the gear may recover the cost from the master of the vessel that has lost the gear.
Amendment 31 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall undertake to retrieve on a regular basis lost fixed gears belonging to vessels flying their flag. If gear is retrieved that has not been reported as lost, the Member State or other Contracting Party that retrieved the gear may recover the cost from the master of the vessel that has lost the gear.
Amendment 32 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The electronic fishing logbook data forwardtransmitted by the master and stored at the FMC shall be considered as the official data. These data and any changes thereof shall be notified to the NEAFC Secretariat by the FMC without delay.
Amendment 32 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The electronic fishing logbook data forwardtransmitted by the master and stored at the FMC shall be considered as the official data. These data and any changes thereof shall be notified to the NEAFC Secretariat by the FMC without delay.
Amendment 33 #
Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
Article 13 – paragraph 3 – point b – point iii
iii. the list of codes of product form, type of packing and type of container shall be in accordance with the NEAFC Master Data Register available on the NEAFC website or presentation, preservation state of the resource, type of packing or container shall be in accordance with Annex VI a (new).
Amendment 33 #
Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
Article 13 – paragraph 3 – point b – point iii
iii. the list of codes of product form, type of packing and type of container shall be in accordance with the NEAFC Master Data Register available on the NEAFC website or presentation, preservation state of the resource, type of packing or container shall be in accordance with Annex VI a (new).
Amendment 34 #
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) transmit the electronic fishing logbook data by electronic means to their FMC, including at a minimum the data set out in Annex VII including all catches when the vessel engaged in fishing activities for fishery resources;
Amendment 34 #
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) transmit the electronic fishing logbook data by electronic means to their FMC, including at a minimum the data set out in Annex VII including all catches when the vessel engaged in fishing activities for fishery resources;
Amendment 35 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) communicate reports of transhipments in accordance with the specification and format set out in Annex VII by electronic means to their FMC. These reports shall include the quantities on-loaded and off-loaded for each transhipment. The master of a Union donor fishing vessels shall transmit a donor transhipment notification report at least 24 hours in advance of the starting time of transhipment. The master of a Union receiver fishing vessel shall make a receiver transhipment declaration report no later than 1 hour after the end time of the transhipment. The reports shall include the date, time, geographical position of the planned transhipment and total round weight by species to be off-loaded or which have been on-loaded in kilograms and the identification of vessels transhipped to or from, respectively;
Amendment 35 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) communicate reports of transhipments in accordance with the specification and format set out in Annex VII by electronic means to their FMC. These reports shall include the quantities on-loaded and off-loaded for each transhipment. The master of a Union donor fishing vessels shall transmit a donor transhipment notification report at least 24 hours in advance of the starting time of transhipment. The master of a Union receiver fishing vessel shall make a receiver transhipment declaration report no later than 1 hour after the end time of the transhipment. The reports shall include the date, time, geographical position of the planned transhipment and total round weight by species to be off-loaded or which have been on-loaded in kilograms and the identification of vessels transhipped to or from, respectively;
Amendment 36 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) transhipment operations may only commence after the authorisations have been given by the flag Member State or Contracting Party of the receiving vessel. In the case of EU receiver vessels, the flag Member State shall transmit the authorisation to tranship without delay to the NEAFC Secretariat with the Commission and EFCA in copy; and
Amendment 36 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) transhipment operations may only commence after the authorisations have been given by the flag Member State or Contracting Party of the receiving vessel. In the case of EU receiver vessels, the flag Member State shall transmit the authorisation to tranship without delay to the NEAFC Secretariat with the Commission and EFCA in copy; and
Amendment 37 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) without prejudice to the provisions in Section 5, subsequent to having been involved in a transhipment operation at sea involving fishery resources caught in the Regulatory Area, the master of a Union receiver fishing vessel shall send a port of landing notification report in the format set out in Annex VII, indicating the total catch onboard, total weight to be landed, the name of port and the date and time of landing, at least 24 hours in advance to the start of any landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area.
Amendment 37 #
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) without prejudice to the provisions in Section 5, subsequent to having been involved in a transhipment operation at sea involving fishery resources caught in the Regulatory Area, the master of a Union receiver fishing vessel shall send a port of landing notification report in the format set out in Annex VII, indicating the total catch onboard, total weight to be landed, the name of port and the date and time of landing, at least 24 hours in advance to the start of any landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area.
Amendment 38 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. It shall be prohibited to correct the port of landing notification report, but such a report may be cancelled. If a port of landing notification is cancelled and a new one is sent, the time limits specified in paragraph 1the(c) shall apply.
Amendment 38 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. It shall be prohibited to correct the port of landing notification report, but such a report may be cancelled. If a port of landing notification is cancelled and a new one is sent, the time limits specified in paragraph 1the(c) shall apply.
Amendment 39 #
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) establish and operate an FMC to monitor the fishing activities of vessels flying their flag, which shall be equipped with computer hardware and software enabling automatic data processing and electronic data transmission and provide for back-up and recovery procedures in case of system failurescordance to Article 9 and 9a of Regulation (EC) 1224/2009;
Amendment 39 #
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) establish and operate an FMC to monitor the fishing activities of vessels flying their flag, which shall be equipped with computer hardware and software enabling automatic data processing and electronic data transmission and provide for back-up and recovery procedures in case of system failurescordance to Article 9 and 9a of Regulation (EC) 1224/2009;
Amendment 40 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 40 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 41 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 41 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 42 #
Proposal for a regulation
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
Amendment 42 #
Proposal for a regulation
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
Amendment 43 #
Proposal for a regulation
Article 16 – paragraph 1 – point d – point i
Article 16 – paragraph 1 – point d – point i
Amendment 43 #
Proposal for a regulation
Article 16 – paragraph 1 – point d – point i
Article 16 – paragraph 1 – point d – point i
Amendment 44 #
Proposal for a regulation
Article 16 – paragraph 1 – point d – point ii
Article 16 – paragraph 1 – point d – point ii
Amendment 44 #
Proposal for a regulation
Article 16 – paragraph 1 – point d – point ii
Article 16 – paragraph 1 – point d – point ii
Amendment 45 #
Proposal for a regulation
Article 16 – paragraph 1 – point d – point iii
Article 16 – paragraph 1 – point d – point iii
Amendment 45 #
Proposal for a regulation
Article 16 – paragraph 1 – point d – point iii
Article 16 – paragraph 1 – point d – point iii
Amendment 46 #
Proposal for a regulation
Article 16 – paragraph 1 – point d – point iv
Article 16 – paragraph 1 – point d – point iv
Amendment 46 #
Proposal for a regulation
Article 16 – paragraph 1 – point d – point iv
Article 16 – paragraph 1 – point d – point iv
Amendment 47 #
Proposal for a regulation
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) transmit to the NEAFC Secretariat the position reports in real timeas soon as received for vessels flying their flag upon entering into or exiting from the Regulatory Area and at least once every hour when operating in the Regulatory Area;
Amendment 47 #
Proposal for a regulation
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) transmit to the NEAFC Secretariat the position reports in real timeas soon as received for vessels flying their flag upon entering into or exiting from the Regulatory Area and at least once every hour when operating in the Regulatory Area;
Amendment 48 #
Proposal for a regulation
Article 16 – paragraph 1 – point g
Article 16 – paragraph 1 – point g
(g) ensure that the data received from its fishing vessels to which VMS requirements applyVMS are recorded in a computer readable form and stored for at least three years; and
Amendment 48 #
Proposal for a regulation
Article 16 – paragraph 1 – point g
Article 16 – paragraph 1 – point g
(g) ensure that the data received from its fishing vessels to which VMS requirements applyVMS are recorded in a computer readable form and stored for at least three years; and
Amendment 49 #
Proposal for a regulation
Article 16 – paragraph 1 – point h – point ii
Article 16 – paragraph 1 – point h – point ii
ii. ensure that delimitations of closed bottom fishing areas are installcluded and, when needed, updated in their VMS.
Amendment 49 #
Proposal for a regulation
Article 16 – paragraph 1 – point h – point ii
Article 16 – paragraph 1 – point h – point ii
ii. ensure that delimitations of closed bottom fishing areas are installcluded and, when needed, updated in their VMS.
Amendment 50 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Masters of Union fishing vessels shall ensure that the satellite tracking devices are fully operational at all times and that the information in paragraph 1 is transmitted to the FMC. In the event of a technical failure or non-operation of the satellite tracking device fitted on board a fishing vessel, the device shall be repaired or replaced within one month of that event. After this period, it shall be prohibited to commence a fishing trip with a defective satellite tracking device. Where a device stops functioning and a fishing trip lasts more than one month, the repair or the replacement has to take place as soon as the vessel enters a port, and the fishing vessel shall not be authorised to continue or commence a fishing trip without the satellite tracking device having been repaired or replaced.
Amendment 50 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Masters of Union fishing vessels shall ensure that the satellite tracking devices are fully operational at all times and that the information in paragraph 1 is transmitted to the FMC. In the event of a technical failure or non-operation of the satellite tracking device fitted on board a fishing vessel, the device shall be repaired or replaced within one month of that event. After this period, it shall be prohibited to commence a fishing trip with a defective satellite tracking device. Where a device stops functioning and a fishing trip lasts more than one month, the repair or the replacement has to take place as soon as the vessel enters a port, and the fishing vessel shall not be authorised to continue or commence a fishing trip without the satellite tracking device having been repaired or replaced.
Amendment 51 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The master of a fishing vessel with a defective VMS tracking device shall communicate, at least every 4 hours, reports containing the information in paragraph 1(da) to the FMC in accordance with the format set out in Annex IX.
Amendment 51 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The master of a fishing vessel with a defective VMS tracking device shall communicate, at least every 4 hours, reports containing the information in paragraph 1(da) to the FMC in accordance with the format set out in Annex IX.
Amendment 52 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The master of a Union fishing vessel who haflag Member State FMC, when the NEAFC Secretariat status report is not received a posior with negative acknowledgment on a fishing activity report from the NEAFC Secretariat shall immediately make appropriate amendments and resubmit thee, shall request to the master of the Union fishing vessel to resubmit an amended fishing activity report to the flag FMC. If the master still doesstill not received a positive acknowledgment, or if it is no longer possible to amend or resubmit fishing activity reports due to time limits, the master shall contactreceive from the flag Member State FMC to receive the necessary guidance on follow-up procedures, to ensure that the data referred to in Articles 14 and 15 is submitted.
Amendment 52 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The master of a Union fishing vessel who haflag Member State FMC, when the NEAFC Secretariat status report is not received a posior with negative acknowledgment on a fishing activity report from the NEAFC Secretariat shall immediately make appropriate amendments and resubmit thee, shall request to the master of the Union fishing vessel to resubmit an amended fishing activity report to the flag FMC. If the master still doesstill not received a positive acknowledgment, or if it is no longer possible to amend or resubmit fishing activity reports due to time limits, the master shall contactreceive from the flag Member State FMC to receive the necessary guidance on follow-up procedures, to ensure that the data referred to in Articles 14 and 15 is submitted.
Amendment 53 #
Proposal for a regulation
Article 17 – paragraph 6 – introductory part
Article 17 – paragraph 6 – introductory part
6. Union fishing vessels shall be equipped with an electronic recording and reporting system on board, fully operational at all times. In the event of a technical malfunction of the electronic recording and reporting system on board a Union fishing vessel: as set in Articles 13, 14, 15 and 15b of Regulation (EC) 1224/2009.
Amendment 53 #
Proposal for a regulation
Article 17 – paragraph 6 – introductory part
Article 17 – paragraph 6 – introductory part
6. Union fishing vessels shall be equipped with an electronic recording and reporting system on board, fully operational at all times. In the event of a technical malfunction of the electronic recording and reporting system on board a Union fishing vessel: as set in Articles 13, 14, 15 and 15b of Regulation (EC) 1224/2009.
Amendment 54 #
Proposal for a regulation
Article 17 – paragraph 6 – point a
Article 17 – paragraph 6 – point a
Amendment 54 #
Proposal for a regulation
Article 17 – paragraph 6 – point a
Article 17 – paragraph 6 – point a
Amendment 55 #
Proposal for a regulation
Article 17 – paragraph 6 – point b
Article 17 – paragraph 6 – point b
Amendment 55 #
Proposal for a regulation
Article 17 – paragraph 6 – point b
Article 17 – paragraph 6 – point b
Amendment 56 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States whose fishing vessels are authorised to fish in the Regulatory Area shall assign their inspectors to the NEAFC Scheme to carry out inspection and surveillance activities (NEAFC inspectors).
Amendment 56 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States whose fishing vessels are authorised to fish in the Regulatory Area shall assign their inspectors to the NEAFC Scheme to carry out inspection and surveillance activities (NEAFC inspectors).
Amendment 57 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member State shall issue a special identity document to each of their NEAFC inspector in accordance with the format set out in Annex XII.
Amendment 57 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member State shall issue a special identity document to each of their NEAFC inspector in accordance with the format set out in Annex XII.
Amendment 58 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. NEAFC inspectors shall avoid the use of force except in the case of legitimate self-defence. Whenof the Union shall carrying out inspectiontheir duties oin board fishing vessels, NEAFC inspectors shall not carry firearmsaccordance to Article 79 of Regulation (EC) 1224/2009.
Amendment 58 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. NEAFC inspectors shall avoid the use of force except in the case of legitimate self-defence. Whenof the Union shall carrying out inspectiontheir duties oin board fishing vessels, NEAFC inspectors shall not carry firearmsaccordance to Article 79 of Regulation (EC) 1224/2009.
Amendment 59 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 59 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 60 #
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the names and unique numbers of the their NEAFC inspectors, including their e- mail address; and
Amendment 60 #
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the names and unique numbers of the their NEAFC inspectors, including their e- mail address; and
Amendment 61 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The inspecting Member State and EFCA shall forward without delay the data from each surveillance report by electronic transmission in a sighting report with a format in accordance with Part 2 of Annex XVI to the flag Member State or Contracting Party of the fishing vessel concerned and to the NEAFC Secretariat, with EFCA in copy. Any images captured during the surveillance shall be forwarded upon request to the flag Member State or Contracting Party of the fishing vessel concerned.
Amendment 61 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The inspecting Member State and EFCA shall forward without delay the data from each surveillance report by electronic transmission in a sighting report with a format in accordance with Part 2 of Annex XVI to the flag Member State or Contracting Party of the fishing vessel concerned and to the NEAFC Secretariat, with EFCA in copy. Any images captured during the surveillance shall be forwarded upon request to the flag Member State or Contracting Party of the fishing vessel concerned.
Amendment 62 #
Proposal for a regulation
Article 23 – paragraph -1 (new)
Article 23 – paragraph -1 (new)
-1. For the purpose of verifying compliance with this Regulation, NEAFC Inspectors are entitled to conduct inspections under provisions of Chapter I of Title VII of Regulation (EC) No 1224/2009.
Amendment 62 #
Proposal for a regulation
Article 23 – paragraph -1 (new)
Article 23 – paragraph -1 (new)
-1. For the purpose of verifying compliance with this Regulation, NEAFC Inspectors are entitled to conduct inspections under provisions of Chapter I of Title VII of Regulation (EC) No 1224/2009.
Amendment 63 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 63 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 64 #
Proposal for a regulation
Article 23 – paragraph 8
Article 23 – paragraph 8
Amendment 64 #
Proposal for a regulation
Article 23 – paragraph 8
Article 23 – paragraph 8
Amendment 65 #
Proposal for a regulation
Article 23 – paragraph 12
Article 23 – paragraph 12
12. NEAFC inspectors shall transmit without delay a copy of each inspection report to EFCA and promptly upload the information of the inspection report into the secure part of the NEAFC website. The original or a certified copy of each inspection report shall be forwarded upon request to the flag Member State or Contracting Party of the inspected vessel.
Amendment 65 #
Proposal for a regulation
Article 23 – paragraph 12
Article 23 – paragraph 12
12. NEAFC inspectors shall transmit without delay a copy of each inspection report to EFCA and promptly upload the information of the inspection report into the secure part of the NEAFC website. The original or a certified copy of each inspection report shall be forwarded upon request to the flag Member State or Contracting Party of the inspected vessel.
Amendment 66 #
Proposal for a regulation
Article 24 – paragraph 1 – point –a (new)
Article 24 – paragraph 1 – point –a (new)
(-a) apply this article in addition to the general obligations established in Article 75 of Regulation (EC) 1224/2009;
Amendment 66 #
Proposal for a regulation
Article 24 – paragraph 1 – point –a (new)
Article 24 – paragraph 1 – point –a (new)
(-a) apply this article in addition to the general obligations established in Article 75 of Regulation (EC) 1224/2009;
Amendment 67 #
Proposal for a regulation
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
Amendment 67 #
Proposal for a regulation
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
Amendment 68 #
Proposal for a regulation
Article 24 – paragraph 1 – point f
Article 24 – paragraph 1 – point f
Amendment 68 #
Proposal for a regulation
Article 24 – paragraph 1 – point f
Article 24 – paragraph 1 – point f
Amendment 69 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Landing, transhipment and other use of port services shall not be authorised if the port Member State receives clear evidence that the catch on board was taken in contravention of applicable requirements of the flag Member State or a Contracting Party in respect of areas under its national jurisdiction.
Amendment 69 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Landing, transhipment and other use of port services shall not be authorised if the port Member State receives clear evidence that the catch on board was taken in contravention of applicable requirements of the flag Member State or a Contracting Party in respect of areas under its national jurisdiction.
Amendment 70 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. Member States shall notify, 15 days prior to be effective, any changes in the lists referred to in paragraph 3 to EFCA, which in turn shall forward them without delay to the NEAFC Secretariat with the Commission in copy.
Amendment 70 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. Member States shall notify, 15 days prior to be effective, any changes in the lists referred to in paragraph 3 to EFCA, which in turn shall forward them without delay to the NEAFC Secretariat with the Commission in copy.
Amendment 71 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. This Article applies in addition to the general obligations established in Article 11375 of Implementing Regulation (EUC) 401224/201109.
Amendment 71 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. This Article applies in addition to the general obligations established in Article 11375 of Implementing Regulation (EUC) 401224/201109.
Amendment 72 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The master of a fishing vessel which is being inspected or, where relevant, the representative of the master, shall comply with the obligations established in Article 11475 of Implementing Regulation (EUC) 401224/201109 and, as applicable, with the obligations established in Article 24 of this Regulation.
Amendment 72 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The master of a fishing vessel which is being inspected or, where relevant, the representative of the master, shall comply with the obligations established in Article 11475 of Implementing Regulation (EUC) 401224/201109 and, as applicable, with the obligations established in Article 24 of this Regulation.
Amendment 73 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. If an NEAFC inspector considers that there are clear grounds for believing that the master or the operator of a fishing vessel has committed a serious infringement, that NEAFC inspector shall promptly notify that infringement to the competent authorities of the inspecting Member State, the Commission and EFCA. The inspecting Member State or EFCA, in case the inspection was carried out by the latter, shall forward the information without delay to the NEAFC Secretariat, the competent authorities of the flag State of the vessel and, where appropriate, to the flag State or States of the donor vessels when the inspected vessel has engaged in transhipment operations.
Amendment 73 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. If an NEAFC inspector considers that there are clear grounds for believing that the master or the operator of a fishing vessel has committed a serious infringement, that NEAFC inspector shall promptly notify that infringement to the competent authorities of the inspecting Member State, the Commission and EFCA. The inspecting Member State or EFCA, in case the inspection was carried out by the latter, shall forward the information without delay to the NEAFC Secretariat, the competent authorities of the flag State of the vessel and, where appropriate, to the flag State or States of the donor vessels when the inspected vessel has engaged in transhipment operations.
Amendment 74 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. In order to preserve the evidence, the NEAFC inspector shall take all necessary measures to ensure the security and continuity thereof whilst minimising inconvenience to the vessel and interference with its operations.
Amendment 74 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. In order to preserve the evidence, the NEAFC inspector shall take all necessary measures to ensure the security and continuity thereof whilst minimising inconvenience to the vessel and interference with its operations.
Amendment 75 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. In the case of an inspection at sea in the Regulatory Area, the NEAFC inspector is entitled to remain on board the fishing vessel for the period necessary to provide information to an NEAFC inspector duly authorised by the flag Member State or flag Contracting Party or until the response of the flag Member State or flag Contracting Party requires the inspector to leave the fishing vessel.
Amendment 75 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. In the case of an inspection at sea in the Regulatory Area, the NEAFC inspector is entitled to remain on board the fishing vessel for the period necessary to provide information to an NEAFC inspector duly authorised by the flag Member State or flag Contracting Party or until the response of the flag Member State or flag Contracting Party requires the inspector to leave the fishing vessel.
Amendment 76 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Flag Member State shall respond to a notification of serious infringement without delay and shall ensure that the Union fishing vessel concerned is inspected within 72 hours by an NEAFC inspector duly authorised in relation to the infringement.
Amendment 76 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Flag Member State shall respond to a notification of serious infringement without delay and shall ensure that the Union fishing vessel concerned is inspected within 72 hours by an NEAFC inspector duly authorised in relation to the infringement.
Amendment 77 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Member State shall ensure that appropriate measures are systematically taken, including administrative action or criminal proceedings in conformity with their national law, against the natural or legal persons responsible for a breach of the conservation and management measures adopted by NEAFCset in this Regulation.
Amendment 77 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Member State shall ensure that appropriate measures are systematically taken, including administrative action or criminal proceedings in conformity with their national law, against the natural or legal persons responsible for a breach of the conservation and management measures adopted by NEAFCset in this Regulation.
Amendment 80 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. PortThe Member States shall ensudraw up a list of ports where surveillance by camera and sensor technologies is guaranteed at landing and processing facilities for landings of more than 10 tonnes and where more than 3, 000 tonnes per year of the species referred to in Article 48 are weighed, excluding from that obligation ports where landings are carried out by vessels that fish in the area regulated by the NEAFC Convention and that, in line with Article 13 of Regulation (EC) No 1224/2009, have operating remote electronic monitoring devices installed which include closed-circuit television.
Amendment 80 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. PortThe Member States shall ensudraw up a list of ports where surveillance by camera and sensor technologies is guaranteed at landing and processing facilities for landings of more than 10 tonnes and where more than 3, 000 tonnes per year of the species referred to in Article 48 are weighed, excluding from that obligation ports where landings are carried out by vessels that fish in the area regulated by the NEAFC Convention and that, in line with Article 13 of Regulation (EC) No 1224/2009, have operating remote electronic monitoring devices installed which include closed-circuit television.
Amendment 82 #
Proposal for a regulation
Article 54 – paragraph 1 – point o a (new)
Article 54 – paragraph 1 – point o a (new)
(oa) list of codes of product from or presentation, preservation state of the resource, type of packing or container to be used in production logbook set in in Annex VI a (new);
Amendment 82 #
Proposal for a regulation
Article 54 – paragraph 1 – point o a (new)
Article 54 – paragraph 1 – point o a (new)
(oa) list of codes of product from or presentation, preservation state of the resource, type of packing or container to be used in production logbook set in in Annex VI a (new);
Amendment 83 #
Proposal for a regulation
Article 54 – paragraph 3 – point a
Article 54 – paragraph 3 – point a
Amendment 83 #
Proposal for a regulation
Article 54 – paragraph 3 – point a
Article 54 – paragraph 3 – point a
Amendment 84 #
Proposal for a regulation
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
Amendment 84 #
Proposal for a regulation
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
Amendment 85 #
Proposal for a regulation
Annex VI – paragraph 1
Annex VI – paragraph 1
The relevant code lists shall be in accordance with the NEAFC Master Data Register available at https://www.neafc.org/mdrAnnex VI a (new).
Amendment 85 #
Proposal for a regulation
Annex VI – paragraph 1
Annex VI – paragraph 1
The relevant code lists shall be in accordance with the NEAFC Master Data Register available at https://www.neafc.org/mdrAnnex VI a (new).
Amendment 86 #
Proposal for a regulation
Annex VI a (new)
Annex VI a (new)
LIST OF CODES OF PRODUCT FROM OR PRESENTATION, PRESERVATION STATE OF THE RESOURCE, TYPE OF PACKING OR CONTAINER TO BE USED IN PRODUCTION LOGBOOK 1. The form or presentation of a processed resource's cut or part. Code Presentation Description CBF Cod butterfly (escalado) HEA with skin on, spine on, tail on CLA Claws Claws only DWT ICCAT code Gilled, gutted, part of head off, fins off FIA Filleted without skin, FIS without belly without belly Code Presentation Description FIL Filleted HEA + GUT + TLD + bones off Each fish originates two fillets FIS Filleted and skinned fillets FIL+SKI Each fish originates two fillets not joined by any part FMF Fish meal Fish meal from whole fish FSB Filleted with skin and Filleted with skin and bones on bones FSP Filleted skinned with Filleted with skin removed and pinbone on pinbone GHT Gutted headed and tailed GUH+TLD GUG Gutted and gilled Guts and gills removed GUH Gutted and headed Guts and head removed GUL Gutted liver in GUT without removing liver parts GUS Gutted headed and skinned GUH+SKI GUT Gutted All guts removed HEA Headed Heads off HED Heads Heads only HET Headed and tailed Heads and tails off JAP Japanese cut Transversal cut removing all parts from head to belly Code Presentation Description JAT Tailed Japanese cut Japanese cut with tail removed LAP Lappen Double fillet, HEA, skin + tails + fins ON LGS Leg section Legs in section (crab) LVR Liver Liver only. In case of collective presentation* use code LVR-C OTH Other Any other presentation ROE Roe (s) Roe(s) only. In case of collective presentation* use code ROE-C SAD Salted dry Headed with skin on, spine on, tail on and salted dry SAL Salted wet light CBF + salted SGH Salted, gutted and headed GUH + salted SGT Salted gutted GUT+salted SKI Skinned Skin off SUR Surimi Surimi TAL Tail Tails only TLD Tailed Tail off TNG Tongue Tongue only. In case of collective presentation* use code TNG-C Code Presentation Description TUB Tube only Tube only (Squid) WHL Whole No processing WNG Wings Wings only 2. The preservation state of the resource Code Description FRE Fresh FRZ Frozen OTH Any other processing 3. The type of packing or container in where the resource is Code Name Type Description BGS Bags Packaging Catch delivered in bags BLC Blocks Packaging Catch delivered in blocks BOX Boxes Packaging Catch delivered in boxes BUL Bulk Fish Packaging Catch delivered in bulk CRT Cartons Packaging Catch delivered in cartons CNT Containers Container Catch delivered in containers CSW Chilled Sea Water Container Catch delivered in sea water tank cooled by Code Name Type Description Tanks adding ice (fixed or portable) FOO Fish Oil Other Container Fish oil delivered in any other container FOT Fish Oil Tank Container Fish oil delivered in tanks specifically for oil RSW Refrigerated Sea Container Catch delivered in mechanically refrigerated sea Water Tanks water tank (fixed or portable) TNK Tank Container Catch delivered in tanks not covered by other descriptions
Amendment 86 #
Proposal for a regulation
Annex VI a (new)
Annex VI a (new)
LIST OF CODES OF PRODUCT FROM OR PRESENTATION, PRESERVATION STATE OF THE RESOURCE, TYPE OF PACKING OR CONTAINER TO BE USED IN PRODUCTION LOGBOOK 1. The form or presentation of a processed resource's cut or part. Code Presentation Description CBF Cod butterfly (escalado) HEA with skin on, spine on, tail on CLA Claws Claws only DWT ICCAT code Gilled, gutted, part of head off, fins off FIA Filleted without skin, FIS without belly without belly Code Presentation Description FIL Filleted HEA + GUT + TLD + bones off Each fish originates two fillets FIS Filleted and skinned fillets FIL+SKI Each fish originates two fillets not joined by any part FMF Fish meal Fish meal from whole fish FSB Filleted with skin and Filleted with skin and bones on bones FSP Filleted skinned with Filleted with skin removed and pinbone on pinbone GHT Gutted headed and tailed GUH+TLD GUG Gutted and gilled Guts and gills removed GUH Gutted and headed Guts and head removed GUL Gutted liver in GUT without removing liver parts GUS Gutted headed and skinned GUH+SKI GUT Gutted All guts removed HEA Headed Heads off HED Heads Heads only HET Headed and tailed Heads and tails off JAP Japanese cut Transversal cut removing all parts from head to belly Code Presentation Description JAT Tailed Japanese cut Japanese cut with tail removed LAP Lappen Double fillet, HEA, skin + tails + fins ON LGS Leg section Legs in section (crab) LVR Liver Liver only. In case of collective presentation* use code LVR-C OTH Other Any other presentation ROE Roe (s) Roe(s) only. In case of collective presentation* use code ROE-C SAD Salted dry Headed with skin on, spine on, tail on and salted dry SAL Salted wet light CBF + salted SGH Salted, gutted and headed GUH + salted SGT Salted gutted GUT+salted SKI Skinned Skin off SUR Surimi Surimi TAL Tail Tails only TLD Tailed Tail off TNG Tongue Tongue only. In case of collective presentation* use code TNG-C Code Presentation Description TUB Tube only Tube only (Squid) WHL Whole No processing WNG Wings Wings only 2. The preservation state of the resource Code Description FRE Fresh FRZ Frozen OTH Any other processing 3. The type of packing or container in where the resource is Code Name Type Description BGS Bags Packaging Catch delivered in bags BLC Blocks Packaging Catch delivered in blocks BOX Boxes Packaging Catch delivered in boxes BUL Bulk Fish Packaging Catch delivered in bulk CRT Cartons Packaging Catch delivered in cartons CNT Containers Container Catch delivered in containers CSW Chilled Sea Water Container Catch delivered in sea water tank cooled by Code Name Type Description Tanks adding ice (fixed or portable) FOO Fish Oil Other Container Fish oil delivered in any other container FOT Fish Oil Tank Container Fish oil delivered in tanks specifically for oil RSW Refrigerated Sea Container Catch delivered in mechanically refrigerated sea Water Tanks water tank (fixed or portable) TNK Tank Container Catch delivered in tanks not covered by other descriptions