Activities of Raül ROMEVA i RUEDA related to 2008/0216(CNS)
Plenary speeches (2)
Community control system for ensuring compliance with the rules of the Common Fisheries Policy (debate)
Community control system for ensuring compliance with the rules of the Common Fisheries Policy (debate)
Reports (1)
REPORT on the proposal for a Council regulation establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy PDF (430 KB) DOC (591 KB)
Amendments (50)
Amendment 36 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The Common Fisheries Policy covers the conservation, management and exploitation of living aquatic resources, so that all types of activities that exploit such resources are treated on an equal basis, whether they be commercial or non- commercial. It would be discriminatory to subject commercial fisheries to strict controls and limits while largely exempting non-commercial fisheries.
Amendment 53 #
Proposal for a regulation
Article 4 – point 6
Article 4 – point 6
(6) "Official" means a person authorised by a national or regional authority, the Commission or the Community Fisheries Control Agency to carry out an inspection;
Amendment 54 #
Proposal for a regulation
Article 4 – point 6 a (new)
Article 4 – point 6 a (new)
(6a) "Serious infringement" means those activities listed in Article 42, paragraph 1 of COUNCIL REGULATION (EC) No 1005/2008
Amendment 69 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall control the activities carried out by any natural or legal person within the scope of the Common Fisheries Policy on their territory and within waters subject to their sovereignty or jurisdiction, in particular fishing, aquaculture activities, transhipments, transfer of fish to cages or aquaculture installations including fattening installations, landing, import, transport, marketing and storage of fishery products.
Amendment 73 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The flag Member State shall suspend temporarily the fishing licence of a vessel which is subject to temporary immobilisation decided by that Member State and which has had its fishing authorisation suspended in accordance with Article 45 paragraph 1 d)oint 4 of Regulation (EC) No 1005/2008.
Amendment 74 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The flag Member State shall withdraw permanently the fishing licence-of a vessel which is the subject of a capacity adjustment measure referred to in Article 11 (3) of Regulation (EC) No 2371/2002 or which has had its fishing authorisation withdrawn in accordance with article 45 (1) (d)point 4 of Regulation (EC) No 1005/2008.
Amendment 83 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. In the event of a technical problem or malfunction of the satellite monitoring device installed on board the fishing vessel, the vessel shall proceed to a port within 48 hours in order to repair the device. The vessel shall not leave port until the equipment has been repaired or replaced.
Amendment 84 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
If a Community fishing vessel operates in the waters of a third country or in areas of the high sea where the fishing resources are managed by an international organisation and if the agreement with that third country or the applicable rules of that international organisation so provide, or if the authorities of the third country so request, those data shall also be made available to that country or organisation.
Amendment 89 #
Proposal for a regulation
Article 9 – paragraph 6 - point a
Article 9 – paragraph 6 - point a
a) operate exclusively within the territorial seas of the flag Member State orand
Amendment 92 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall use the Automatic Identification System data for the purpose of cross-checking with other available data in accordance with Articles 102 and 103. For that purpose Member States shall ensure that data from the Automatic Identification System for fishing vessels flying their flag are available to their national fisheries control authorities. Member States shall ensure the regular monitoring of the accuracy of those data and shall act promptly whenever data are found to be inaccurate. The data shall be made available upon request to the Commission or to a body designated by it.
Amendment 98 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to specific rules, the masters of Community fishing vessels exceeding 10 meters length overall shall keep a logbook of their operations, indicating specifically all quantities greater than 15 kg of live-weight equivalent of each species caught and kept on board, the date and the relevant geographical area, expressed by reference to a sub-area and division or sub-division, or where applicable statistical rectangle in which catch limits apply pursuant to Community legislation, of these catches and the type of gear used. For catches made in third-country waters, the information shall be broken down by third country and stock by reference to the smallest statistical zone defined for the fishery concerned. Catches made on the high seas shall be recorded by reference to the smallest statistical zone defined by the International Convention governing the catch location and by species or group of species for all the stocks in the fishery concerned. The quantities of each species discarded at sea shall also be recorded in the logbook. The accuracy of the data recorded in the logbook shall be the responsibility of the master.
Amendment 109 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The master of a Community fishing vessel exceeding 10 meters length overall shall record by electronic means fisheries logbook information and shall send it by electronic means to the competent authority of the flag Member State at least once a day. This electronic logbook shall replace the requirement for a logbook under Article 14(1).
Amendment 113 #
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
a) operate exclusively within the territorial seas of the flag Member State, orand
Amendment 116 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Member States may decide not to exempt any vessels from the requirements specified in Article 14.
Amendment 120 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory wording
Article 17 – paragraph 1 – introductory wording
1. Without prejudice to specific provisions contained in multiannual plans, masters of Community fishing vessels or their representatives having species on board which are subject to catch or effort limits shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 4 hours before the estimated time of arrival at the port, unless the competent authorities have given permission for an earlier entry, of the following information:
Amendment 121 #
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
d) dates of the fishing trip and the areas in which the catches were taken; the area shall be to the same level of detail as under Article 14(1).
Amendment 126 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory wording
Article 19 – paragraph 1 – introductory wording
1. The masters, or their representatives, of both the transhipping and the receiving vessel shall submit a transhipment declaration, as soon as possible andby electronic means prior to the transhipment operation when the transhipment operation takes place outside Community waters, and when the transhipment operation takes place in a Community port, not later than 24 hours after transhipment,
Amendment 128 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The transhipment declaration shall indicate the quantity of fishery products by species that has been transhipped, the date and place of each catch, the names of the vessels involved and the ports of transhipment and destination. Masters of both the vessels involved shall be held responsible for the accuracy of such declarations. The area shall be to the same level of detail as under Article 14(1).
Amendment 130 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 138 #
Proposal for a regulation
Article 21 – paragraph 4 – point a
Article 21 – paragraph 4 – point a
a) operate exclusively within the territorial seas of the flag Member State, orand
Amendment 152 #
Proposal for a regulation
Article 29 – -1 (new)
Article 29 – -1 (new)
-1. The Commission shall present to the Council European and the European Parliament, by 31 December 2010, a proposal for a new instrument for the management of Community fishing capacity.
Amendment 156 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Council mayshall decide, when adopting a multiannual plan, on an appropriate threshold amount applicable to the live weight of species subject to a multiannual plan, above which a vessel shall be required to land its catches in a designated port.
Amendment 158 #
Proposal for a regulation
Article 34 – paragraph 4 a (new)
Article 34 – paragraph 4 a (new)
Amendment 160 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. The master of a fishing vessel shall record all discards above 15 kg of live weight equivalents in volume per trip and shall communicate, where possible by electronic means, this information without delay to its competent authorities.
Amendment 162 #
Proposal for a regulation
Article 42
Article 42
For vessels fitted with Vessel Monitoring System, Member States shall verify systematically that the information received at the Fisheries Monitoring Centre corresponds to activities recorded in the logbook by using Vessel Monitoring System data and where available to the data from observers. Such cross-checks shall be recorded in computer-readable format and kept for a period of threen years.
Amendment 194 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. Where a minimum size has been fixed for a given species, oOperators responsible for selling, stocking or transporting must be able to prove the geographical origin of the products expressed by reference to a sub-area and division or sub-division, or where applicable statistical rectangle in which catch limits apply pursuant to Community legislationto the same level of detail as under Article 14(1).
Amendment 195 #
Proposal for a regulation
Article 50 – paragraph 2 d a (new)
Article 50 – paragraph 2 d a (new)
da) the area of capture, to the same level of detail as under Article 14(1).
Amendment 196 #
Proposal for a regulation
Article 51
Article 51
Member States shall ensure that the information provided for in Article 8 of Regulation (EC) No 2065/2001 of 22 October 2001 laying down detailed rules for the application of Council regulation (EC) No 104/2000 as regards informing consumer about fishery and aquaculture products shall be available at each stage of marketing of the species concerned. The catch area referred to in Article 8 of Regulation (EC) No 2065/2001 shall referbe to the sub-area and division or sub- division or, where applicable, to the statistical rectangle in which catch limits apply pursuant to Community lawame level of detail as under Article 14(1).
Amendment 200 #
Proposal for a regulation
Article 55 – point e
Article 55 – point e
e) the relevant name or FAO alpha code of each species and its geographical origin expressed by reference to a sub-area and division or sub-division in which catch limits apply pursuant to Community legislationto the same level of detail as under Article 14(1);
Amendment 201 #
Proposal for a regulation
Article 55 – point e a (new)
Article 55 – point e a (new)
ea) the quantity of each species in kilograms live weight;
Amendment 202 #
Proposal for a regulation
Article 57 – paragraph 2 – point c
Article 57 – paragraph 2 – point c
c) the relevant name or FAO alpha code of each species and its geographical area of origin expressed by reference to a sub- area and division or sub-division, or where applicable statistical rectangle in which catch limits apply pursuant to Community legislationexpressed to the same level of detail as under Article 14(1);
Amendment 203 #
Proposal for a regulation
Article 58 – paragraph 4 – point (b)
Article 58 – paragraph 4 – point (b)
b) the name and Community fleet register number of the fishing vessel that has landed the products;
Amendment 204 #
Proposal for a regulation
Article 58 – paragraph 4 – point c
Article 58 – paragraph 4 – point c
Amendment 205 #
Proposal for a regulation
Article 63 – paragraph -1 (new)
Article 63 – paragraph -1 (new)
-1. The Commission shall present to the Council European and the European Parliament, by 31 December 2010, a proposal for a regulation specifying which fisheries shall be required to have observer schemes.
Amendment 208 #
Proposal for a regulation
Article 64
Article 64
Surveillance reports drawn up by persons authorised by national, regional and Community authorities to carry out surveillance shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated equally to surveillance reports of officials of the Member State where the administrative or judicial proceedings take place. Appropriate follow-up action shall be taken on the basis of those reports.
Amendment 210 #
Proposal for a regulation
Article 68
Article 68
Inspection reports drawn up by persons authorised by national, regional and Community authorities to carry out inspections shall constitute admissible evidence in the administrative or judicial proceedings of any Member State. In the establishment of facts they shall be treated equally to inspection reports of officials of the Member State where the administrative or judicial proceedings take place and appropriate follow-up action mayshall be taken on the basis of those reports.
Amendment 218 #
Proposal for a regulation
Article 78
Article 78
The inspecting Member State may also transfer prosecution of the infringement to the competent authorities of the flag Member State or the Member State of registration or the Member State of which the offender is a citizen so long as this is done, with the agreement of the latter Member State and on condition that the transfer is more likely to achieve the result referred to in Article 81(2).
Amendment 228 #
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. Member States shall apply a penalty point system on the basis of which the holder of a fishing authorisation receives appropriate penalty points as a result of an serious infringement against the rules of the Common Fisheries Policy.
Amendment 230 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. When a natural person has committed or a legal person is held liable for an serious infringement of the rules of the Common Fisheries Policy, the appropriate number of points shall be assigned to the holder of the fishing authorisation as a result of the serious infringement. The holder of the fishing authorisation shall be entitled to review proceedings in accordance with national law.
Amendment 231 #
Proposal for a regulation
Article 84 – paragraph 2 a (new)
Article 84 – paragraph 2 a (new)
2a. The holder of the fishing authorisation shall not be eligible for any national or Community aid as long as the points remain on the record.
Amendment 234 #
Proposal for a regulation
Article 84 – paragraph 4
Article 84 – paragraph 4
Amendment 237 #
Proposal for a regulation
Article 84 – paragraph 5
Article 84 – paragraph 5
5. If the holder of a suspended fishing authorisation does not commit, within three years from the date of the last serious infringement, another serious infringement, all points on the fishing authorisation shall be deleted.
Amendment 240 #
Proposal for a regulation
Article 84 – paragraph 7
Article 84 – paragraph 7
7. Member States shall also establish a penalty point system under which the ship- owner, the master and the officers of a vessel receive appropriate penalty points as a result of an serious infringement against the rules of the Common Fisheries Policy committed by them.
Amendment 242 #
Proposal for a regulation
Article 84 – paragraph 7 a (new)
Article 84 – paragraph 7 a (new)
7a. The Commission shall, by 31 December 2010, propose a similar system of penalty points to apply to those involved in the purchase, processing and selling of fisheries products.
Amendment 244 #
Proposal for a regulation
Article 85 – paragraph 3
Article 85 – paragraph 3
3. Where a Member State requests information from another Member State in relation to the prosecution of an infringement, that other Member State shall provide the relevant information on the fishing vessels and persons in question without delay.
Amendment 282 #
Proposal for a regulation
Article 101 – paragraph 2 – point g
Article 101 – paragraph 2 – point g
g) prohibition for fishing vessels flying the flag of the Member State concerned to fish in waters under the jurisdiction of other Member States or of a third country, or on the high seas;
Amendment 285 #
Proposal for a regulation
Article 105 – paragraph 1
Article 105 – paragraph 1
1. Member States and the Commission shall take all necessary steps to ensure that the data collected and received within the framework of this Regulation shall be treated in a confidential manner and shall respect all rules on professional and commercial secrecy of data, consistent with all applicable provisions laid down in Regulation (EC) No 45/2001 and Directive 95/46/EC.
Amendment 286 #
Proposal for a regulation
Article 105 – paragraph 6 a (new)
Article 105 – paragraph 6 a (new)
6a. Data on catches made by the fleets of each Member State shall be in the public domain as of the end of March of the calendar year following the year of capture. Public data shall be aggregated by species, by stock and by gear type.
Amendment 287 #
Proposal for a regulation
Article 107 – paragraph 1 – point a a (new)
Article 107 – paragraph 1 – point a a (new)
aa) the names and fleet registration numbers of vessels flying their flag, the fishing licences and all fishing authorisations issued to the vessels and their owners;
Amendment 288 #
Proposal for a regulation
Article 108 – paragraph 3
Article 108 – paragraph 3
3. For the secure part of its website, each Member State shall provide remote access to the Commission and the body designated by it. The Member State shall grant access to Commission officials based on electronic certificates generated by the Commission or the body designated by it. Third countries shall be provided information included in paragraphs 1(b), 1(d) and 1(f) for Community vessels that apply for licences to fish in their waters. The information shall be provided upon a request from the third country and without delay, once the third country agrees on the confidentiality of the information.