BETA

Activities of Pedro GUERREIRO related to 2008/0216(CNS)

Plenary speeches (1)

2016/11/22
Dossiers: 2008/0216(CNS)

Amendments (38)

Pedro GUERREIRO

Proposal for a regulation
Recital 2

(2) Given that the success of the Common Fisheries Policy involves implementing an effective system of control, the measures provided for in this Regulation seek to ~~establish a Community~~strengthen the system for inspection, monitoring, control, surveillance and enforcement by the Member States, with a global and integrated approach so as to ensure compliance with all the rules of the Common Fisheries Policy in order to provide for the sustainable exploitation of living aquatic resources by covering all aspects of the policy.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Recital 6

(6) The allocation of responsibilities between the Member States, the Commission and the Common Fisheries Control Agency should be further clarified. Control of compliance with the Common Fisheries Policy rules should be first and foremost the responsibility of the Member States. The Commission for its part should ensure that Member States implement the rules of the Common Fisheries Policy throughout the Community in a consistent manner. ~~To this end the current system of micro- decisions should be progressively replaced by a macro-management-based approach.~~

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Recital 20

(20) For the consistent and effective prosecution of infringements, provision should be made to enable inspection and surveillance reports drawn up by Commission inspectors, Community inspectors and officials of Member States to be used ~~in the same way as national reports~~.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Recital 21

(21) Cooperation and coordination between Member States, with the Commission and the Community Fisheries Control Agency should be intensified in order to promote compliance with the rules of the Common Fisheries Policy, in particular through the exchange of national ~~inspectors and the strengthening of the role and powers of Community~~ inspectors.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Recital 27

(27) To ensure the achievement of the objectives of the Common Fisheries Policy the Commission should be able to take effective corrective measures; to this end the management capacity of the Commission and its capacity to intervene in a manner proportionate to the level of non compliance by a Member State should be strengthened. The Commission should be empowered to undertake inspections without prior notice and in an independent way, so as to verify the control operations carried out by the competent authorities of Member States.deleted

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Recital 29

(29) Powers should be conferred to the Commission to close a fishery when the quota of a Member State or a TAC itself is exhausted. The Commission should also be empowered to deduct quotas and refuse quota transfers or quota exchanges to ensure the achievement of the objectives of the Common Fisheries Policy by the Member States.deleted

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Recital 31

(31) The mandate of the Community Fisheries Control Agency should be adjusted and extended to cover audits, inspections of national control systems, organisation of operational cooperation, assistance to Member States and the possibility to set up emergency units where a serious risk to the Common Fisheries Policy is identified.deleted

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 1

This Regulation establishes a ~~Community~~ system for control, monitoring, surveillance, inspection, and enforcement (hereinafter to be referred to as "~~Community~~ control system") of the rules of the Common Fisheries Policy.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 27

Closure of fisheries by the Commission 1. Where the Commission finds that a Member State has not complied with the obligation to notify the monthly data on fishing opportunities as provided for in Article 23(2), it may set the date on which 80% of the fishing opportunities of that Member State are deemed to be exhausted and it may set the estimated date on which the fishing opportunities shall be deemed to be exhausted. 2. On the basis of the information under Article 26 or on its own initiative, where the Commission finds that fishing opportunities available to the Community or a Member State are deemed to be exhausted, it shall inform the Member States concerned thereof and shall prohibit fishing activities for the respective area, gear, stock, group of stocks or fleet involved in those specific fishing activities.Article 27 deleted

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 28

1. When the Commission has halted fishing because of the alleged exhaustion of the fishing opportunities available to a Member State or group of Member States, or to the Community and it transpires that a Member State has not in fact exhausted its fishing opportunities, the following paragraphs shall apply. 2. If the prejudice suffered by the Member State for which fishing has been prohibited before its fishing opportunities were exhausted has not been removed, measures shall be adopted with the aim of remedying in an appropriate manner the prejudice caused, in accordance with the procedure referred to in Article 111. These measures may involve making deductions from the fishing opportunities of any Member State which has overfished, the quantities so deducted to be allocated appropriately to the Member States whose fishing activities were halted before their fishing opportunities were exhausted. 3. These deductions and the consequent allocations shall be made taking into account as a matter of priority the species and zones for which the fishing opportunities were fixed. They may be made during the year in which the prejudice occurred or in the succeeding year or years. 4. Detailed rules for the application of this Article, and in particular for determining the quantities concerned, shall be adopted in accordance with the procedure referred to in Article 111. Article 28 deleted Corrective measures r. pt

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 45

Real-time closure by the Commission 1. On the basis of the information received demonstrating that a trigger by- catch level has been reached the Commission may determine an area to be temporarily closed if the coastal Member State has not itself established such a closure. 2. The Commission shall inform without delay all Member States and third countries whose vessels operate in this area and shall make available without delay on its official website a map with the coordinates of the area temporarily closed, specifying the duration of the closure and the conditions governing fisheries in that specific closed area.Article 45 deleted

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 46 – paragraph 3

3. If the real-time closure has been established by the Commission in accordance with Article 45 the Commission shall be informed without delay by the coastal Member State of the results of the trial fishing operations referred to in paragraph 1. The Commission shall, if appropriate after examination of the information by the Scientific Technical and Economic Committee for Fisheries, lift the real-time closure if the operations referred to in paragraph 1 do not reach more than 60% of the trigger by-catch level. It shall inform all Member States concerned and third countries whose vessels are licensed to operate in the relative zone that the real-time closure has been lifted.Deleted

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 64

Surveillance reports drawn up by persons authorised by national 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.Article 64 Deleted Admissibility of surveillance reports

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 68

Admissibility of inspection reports Inspection reports drawn up by persons authorised by national 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 may be taken on the basis of those reports.rticle 68 Deleted

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 70 – paragraph 4

4. ~~Community inspectors shall have the same powers as national inspectors.~~ While performing their tasks and exercising their powers, Community inspectors shall comply with Community law and the national law of the Member State where the inspection takes place.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 71 – paragraph 1

1. Without prejudice to the primary responsibility of the coastal Member State, a Member State may inspect fishing vessels flying its flag in all Community waters, subject to authorisation by the coastal Member State.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 71 – paragraph 2 – point b

b) ~~where a Specific Community control action programmes has been adopted in accordance with Article 87~~on the basis of bilateral agreements between Member States.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 72 – paragraph 3

3. ~~Requests for authorisations shall be denied in whole or in part only to the extent necessary for compelling reasons of national security.~~ Denials and the reasons underlying them shall be sent without delay to the requesting Member State and the Commission or to the body designated by it.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 73 – point b

b) ~~where a Specific Community control action programmes has been adopted in accordance with Article 87~~on the basis of bilateral agreements between Member States.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 82 – paragraph 2

2. In addition, for all serious infringements which level cannot be linked to the value of the fishery products obtained by committing the serious infringement, Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is punishable by an administrative fine ~~of a minimum of at least 5.000 EUR and a maximum of at least 300.000 EUR for each serious infringement~~. The flag Member State shall be immediately notified of the sanction imposed.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 87

Specific Community control action 1. The Commission in accordance with the procedure referred to in Article 111 and in concert with the Member States concerned may determine which fisheries shall be subject to Specific Community control action programmes. 2. The Specific Community control action programmes referred to in paragraph 1 shall state the objectives, priorities and procedures as well as benchmarks for inspection activities. Such benchmarks shall be revised periodically after an analysis has been made of the results achieved. 3. When a multiannual plan has entered into force and before a Specific Community control action programme has become applicable, each Member State shall establish risk management based target benchmarks for inspection activities. 4. The Member States concerned shall adopt the necessary measures to ensure the implementation of the Specific Community control action programmes, particularly as regards required human and material resources and the periods and zones where these are to be deployed.Article 87 deleted programmes

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 88 – paragraph 1 – introductory wording

1. The Commission shall control and evaluate the application of the rules of the Common Fisheries Policy by the Member States by means of the examination of information and documents and by conducting on-the-spot visits and inspections and shall facilitate coordination and cooperation between them. For this purpose the Commission may, on its own accord and by its own means, ~~initi~~propose to the Member States and carry out in coordination with them inquiries, audits and inspections. It may in particular verify:

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 88 – paragraph 1 – point f

~~f) the detection and prosecution of infringements;~~deleted

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 89 – paragraph 1

1. Wherever it is deemed necessary by the Commission, its may ask Member States to allow their officials ~~may~~to be present during control activities carried out by national control authorities. In the framework of these missions, the Commission shall establish appropriate contacts with Member States with a view, wherever possible, to establish a mutually acceptable control programme.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 89 – paragraph 5

5. The Commission may arrange for its officials visiting a Member State to be accompanied by one or more officials from another Member State as observers. Upon request from the Commission the sending Member State shall nominate, albeit at short notice, the national officials selected as observers. Member States may also draw up a list of national officials whom the Commission may invite to be present at such controls and inspections. The Commission can invite national officials included in that list or those notified to the Commission at its discretion. The Commission shall, where appropriate, place the list at the disposal of all the Member States.deleted

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 90

1. Commission inspectors may, in the context of verification without prior notice, conduct observations on the implementation of this Regulation. 2. During their observations, Commission officials, without prejudice to applicable Community law, and complying with the rules of procedure provided for in the laws of the Member State concerned, shall have access to the relevant files and documents and to the public premises and places, vessels and private premises, land and means of transport where the activities covered by this Regulation take place, in order to collect data (not containing named references) necessary for the accomplishment of their tasks.Article 90 deleted Autonomous verifications

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 91

1. When there is reason to believe that irregularities occur in the application of the rules of the Common Fisheries Policy, in particular in the implementation of multiannual plans, the Commission may carry out autonomous inspections. The Member State concerned shall accept the autonomous inspections and shall ensure that the bodies or persons concerned accept to be submitted to such inspections. The national authorities of the Member States concerned shall facilitate the work of Commission officials. 2. Commission officials may carry out inspections on fishing vessels, transport vehicles as well as on the premises of businesses and other bodies with activities relating to the Common Fisheries Policy. They shall have access to all information and documents needed to exercise their responsibilities. They may in particular request the presentation of the logbook, landing declarations, catch certificate, transhipment declaration, sales notes, business records and other relevant documents from fishermen, fishing companies and companies transporting, processing or trading in fisheries products. 3. Commission officials shall have the same powers as national inspectors. They shall present a written authority stating their identity and capacity. In the exercise of their duties on the territory or in waters under the jurisdiction of a Member State, the procedural rules of that Member State shall apply. 4. Officials of the Member State concerned shall be given the possibility to be present during the inspection and shall, at the request of the Commission officials, assist them to carry out their duties. 5. All operators may be subject to autonomous inspections where these are considered necessary. Where undertakings oppose an inspection, the Member State concerned shall afford Commission officials the necessary assistance including by the police authorities, to enable them to carry out the inspection.Article 91 deleted Autonomous inspections

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 95 – paragraph 1 – introductory wording

The Commission may ~~decide to~~propose suspending for a maximum period of eighteen months all or part of the payments of the Community financial assistance under Council Regulation (EC) No 1198/2006 and Article 8, paragraph a, of Council Regulation (EC) No 861/2006 where there is evidence that:

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 95 – paragraph 1 – subparagraph 2

and where the Commission concludes, on the basis of the information available and, as appropriate, after examination of the Member State's explanations, that the Member State concerned has not taken adequate measures to remedy the situation and is not in a position to do so in the immediate future.deleted

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 95 – paragraph 2

2. Where, during the period of suspension, the Member State concerned still fails to demonstrate that it has taken remedial action to ensure compliance with and the enforcement of applicable rules in the future or that there is no serious risk that the future effective operation of the Community control and enforcement system will be impaired, the Commission may propose cancelling all or part of the Community financial assistance the payment of which was suspended pursuant to paragraph 1. Such cancellation shall only be made after the corresponding payment has been suspended for 12 months.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 96

Closure of fisheries for failure to comply with the objectives of the Common 1. Where a Member State does not respect its obligations for the implementation of a multiannual plan, and where the Commission has reasons to believe that the non respect of those obligations is particularly detrimental to the stock concerned, the Commission may provisionally close the fisheries affected by those shortcomings. 2. The Commission shall inform in writing the Member State concerned of its findings and set a deadline of no more than 10 working days for the Member State to demonstrate that the fisheries can be safely exploited. 3. The measures referred to in paragraph 1 shall only apply if the Member State fails to respond to this request of the Commission within the deadline given in paragraph 2 or if the response is considered unsatisfactory or is clearly indicative of the fact that the necessary measures have not been implemented. 5. The Commission shall lift the closure after the Member State has demonstrated in writing, to the satisfaction of the Commission that the fisheries can be safely exploited.Article 96 deleted Fisheries Policy

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 97 – paragraph 1

1. When the Commission has established that a Member State has overfished its quota, allocation or share of a stock or a group of stocks available to it the Commission shall ~~operat~~propose deductions in the following year or years from the annual quota, allocation or share of the Member State which has overfished by applying a multiplying factor according to the following table:

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 97 – paragraph 3

3. If a Member State takes catches from a stock subject to a quota for which it has no quota, allocation or share of a stock or a group of stocks available to it, the Commission may propose deducting in the following year or years quotas for other stocks or groups of stocks available to that Member State in accordance with paragraph 1.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 98 – paragraph 1

1. Where there is evidence that rules on conservation, control, inspection or enforcement under the Common Fisheries Policy are not being complied with by a Member State and that this may lead to a serious threat to the conservation of living aquatic resources or the effective operation of the Community control and enforcement system, the Commission may ~~operat~~propose deductions from the annual quotas, allocations or shares of a stock or group of stocks available to that Member State.

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 99 – introductory wording

The Commission may propose denying the transfer of quotas for stocks of a Member State to the following year in accordance with Article 3 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas if:

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 100 – introductory wording

The Commission may propose excludeing the possibility to exchange quotas according to Article 20 paragraph 5 of Regulation (EC) No 2371/2002:

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 101

Article 101 This article is deleted. Emergency measures

2009/03/10
Committee: PECH

Pedro GUERREIRO

Proposal for a regulation
Article 112 Regulation (EC) No 768/2005

A~~mendments to Council Regulation (EC)~~rticle 112 This article is deleted. No 768/2005

2009/03/10
Committee: PECH