62 Amendments of Verónica LOPE FONTAGNÉ related to 2018/0193(COD)
Amendment 180 #
Proposal for a regulation
Recital 12
Recital 12
(12) Small -scale fisheries play an important role in the Union, from a biological, economic and social perspective. Considering the possible impacts ofIn order to ensure the social and economic sustainability of the small- scale fisheries on stocks, it is important to control that fishing activities and fishing efforts of smaller vessels are in compliance with the rules of the common fisheries policy. For this purpose it is necesscoastal fleet, and given its very specific characteristics, the fishing vessels in the fleet should be exempted from the most burdensome obligations imposed by this Regulation. In particulary, to obtain position data of those vessels. Therefore, Member States should be able to track all fishing vessels, including fishing vessels which are less than 12 metres’ length. For vessels 12 metres’ length ihe transmission of vessel position data should not be mandatory for the small-scale coastal fleet, as it does not fis now possible to use mobile devices which are less expensive and easy to useh for species covered by TACs and quotas.
Amendment 188 #
Proposal for a regulation
Recital 14
Recital 14
(14) Regulation (EC) No 1224/2009 has been amended by Regulation (EU) 2015/812 of the Parliament and Council31 in order to align certain of its provisions to the landing obligation set in Article 15 of Regulation (EU) No 1380/2013. In order to allow the proper control of the landing obligation, it is necessary to equip, on the basis of a risk assessment, for a certain percentage of fishing vessels should be equipped with continuous recording electronic monitoring devices including Close Circuit Televisions (CCTV). CCTV datato be able to carry observers on board. Data gathered by observers may be supplemented by data from other electronic monitoring devices. Data from theose devices, including from CCTV where carriage of such systems is permitted or required, will provide Member State officials with means to control compliance with the landing obligation at sea. The CCTV footage should only concern the gears and the parts of the vessels where fishery products are brought on board, handled and stored. Footage from CCTVsCCTV footage should be recorded locally and, should be made available exclusively to Member States officials or Union inspectors upon requests, in particular in the context of inspections, investigations or audits, and should guarantee the personal privacy of the crew and the confidentiality of corporate data. __________________ 31Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98 (OJ L 133, 29.5.2015, p. 1).
Amendment 196 #
Proposal for a regulation
Recital 16
Recital 16
(16) The submission of catch registration data on paper formats has led to incomplete and unreliable reporting and ultimately to inadequate catch reporting by operators to Member States and by Member States to the Commission, and has hampered the exchange of information between Member States. It is therefore considered necessary that masters record data concerning catches in a digital way and submit them electronically, in particular the logbooks, transhipment declarations and landing declarations. By way of derogation, masters of fishing vessels belonging to the small-scale coastal fleet with catches of less than 1 000 kg of TAC and quota species per year should not have to submit logbooks.
Amendment 200 #
Proposal for a regulation
Recital 17
Recital 17
(17) The absence of catch reporting obligations by masters of vessels less than 10 metres’ length led to incomplete and unreliable data for such vessels as the data collection for those vessels was based on sampling plans. Therefore it is important to require reporting of catches for all fishing vessels without regard to their size. In this way the rules will also be simplified and compliance and controls will be improvedSampling plans have proven to be an efficient and cost-effective way of collecting catch data. With that in mind this Regulation should maintain the option of weighing on the basis of sampling, which has produced excellent results and led to a significant reduction in the workload of operators and crews.
Amendment 206 #
Proposal for a regulation
Recital 18
Recital 18
(18) For vessels of 12 metres’ length or morethat do not belong to the small-scale coastal fishing fleet, it is important that the information in the logbook isbe made more accurate and includes data on the catches by haul or by operation, as this will enhance the effectiveness of controls. In the case of vessels less than 12 metres’ lengththat belong to the small-scale coastal fishing fleet, the obligations pertaining to the completion and submission of the logbook should be simplified and masters should only be required to submit the information contained in logbook once, before arrival at port.
Amendment 213 #
Proposal for a regulation
Recital 19
Recital 19
(19) TIn the provisions on the margin of tolerance in logbook estimates of quantities of fish retained on board should be amended to take into account the new rules pertaining to the reporting of catches below 50 kg in logbooks. In addition, the provisions on th, an accurate estimate of the weight of the species caught should be sought, while appropriate margins of tolerance should be amended in order to address the specificity of catches which are landed unsortare established.
Amendment 214 #
Proposal for a regulation
Recital 20
Recital 20
(20) When a fishing vessel departs, it should immediately start an electronic logbook and a unique fishing trip identifier number is assigned for that trip. The logbook, transhipment declarations and landing declarations should include a reference to this unique fishing trip identifier number to allow enhanced controls and to improve the validation of the data by Member States and the traceability of fishery products in the supply chain. In order to improve and simplify the transmission of information on fishing gear losses to Member State competent authorities, the logbook format should include information on lost gears. By way of derogation, masters of Union fishing vessels belonging to the small- scale coastal fleet with catches of less than 1 000 kg of TAC and quota species per year should not have to start an electronic logbook.
Amendment 219 #
Proposal for a regulation
Recital 27
Recital 27
(27) Provisions concerning the verification of the tonnage of fishing vessels for the purposes of fishing capacity controls should be simplified and provisions concerning the verification of engine power should be clarified. If fishing vessels equipped with active fishing gears operate with, where such checks are necessary. In particular, if fishing vessels operating under a fishing-effort-based management system have engines that exceed the engine power stated in their registration, it is impossible to ensure compliance with the capacity ceilings laid down in Regulation (EU) No 1380/2013. Therefore it is important to effectively control the engine power of fishing vessels equipped with active fishing gearsoperating under a fishing- effort-based management system, using devices which continuously monitor the engine power.
Amendment 232 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 241 #
Proposal for a regulation
Recital 41
Recital 41
(41) The weighing should be performed on systems approved by the competent authorities and by operators registered by Member States to carry out that task. All products should be weighed per species upon landing, unless the Member State has adopted a sampling plan approved by the Commission and drawn up in line with the risk-based methodology adopted by the Commission, as this will guarantee a more accurate reporting of the catches. Furthermore, weighing records should be recorded electronically and kept for three years.
Amendment 249 #
Proposal for a regulation
Recital 64 – indent 7
Recital 64 – indent 7
– technical requirements and characteristics of electronic monitoring devices systems, including CCTV, where these are installed on a voluntary or mandatory basis;
Amendment 271 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point i b (new)
Article 1 – paragraph 1 – point 1 – point i b (new)
Regulation (EC) No 1224/2009
Article 4 – point 28 b (new)
Article 4 – point 28 b (new)
(ib) the following point is inserted: ‘28b. “small-scale coastal fleet” means a fleet as defined in Article X of Regulation (EU) .../... of the European Parliament and of the Council1a;’ __________________ 1a Regulation (EU) .../... of the European Parliament and of the Council on the European Maritime and Fisheries Fund and repealing Regulation (EU) No 508/2014 of the European Parliament and of the Council.
Amendment 284 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
The vessel monitoring systems shall also allow the fisheries monitoring centre referred to in Article 9a of the flag Member State to poll the fishing vessel at all times. The transmission of vessel position data and the polling shall either pass through a satellite connection, or may use a land- based mobile network when in reach of such network. The small-scale coastal fleet, which does not fish for species covered by TACs and quotas, shall not be subject to this obligation.
Amendment 286 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1224/2009
Article 9 – paragraph 3
Article 9 – paragraph 3
3. By way of derogation from paragraph 2, masters of Union fishing vessels below 12 metres’ length overallnging to the small-scale coastal fleet that are not exempt from that obligation may carry on board a mobile device which allows the vessel to be automatically located and identified by a vessel monitoring system through recording and transmitting vessel position data at regular intervals. In casef the device is not within reach of a mobile network, the vessel position data shall be recorded during that period of time and shall be transmitted as soon as the vessel is in reach of such network and at the latest before or while it enterings port or docks.
Amendment 313 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1224/2009
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The master of each Union catcfishing vessel shall keep an electronic fishing logbook for the purpose of recording fishing activities. Masters of fishing vessels belonging to the small-scale coastal fleet with catches of less than 1 000 kg of TAC and quota species per year shall not be subject to this obligation.
Amendment 337 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1224/2009
Article 14 – paragraph 4
Article 14 – paragraph 4
4. When compared with the quantities landed or the result of an inspection, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board exceeding 5 000 kg shall be 10% per species. For species retained on board that do not exceed 5 000 kg live weight equivalent, the permitted margin of tolerance shall be 2015% per species. For species retained on board that do not exceed 100 kg live weight equivalent, the margin of tolerance shall be 30%. For vessels operating within a regional fisheries management organisation, the margin of tolerance shall be the one laid down by that organisation.
Amendment 362 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1224/2009
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Masters of Union catching vessels of less belonging to the small-scale coastal fleet with an 12 metres’ length overallnual catches exceeding 1 000 kg of TAC and quota species shall submit by simple mobile electronic means the information referred to in Article 14, to the competent authority of their flag Member State after the last fishing operation has been completed and before entering port, within not more than six hours from the start of landing of the catches in port. Masters of catching vessels belonging to the small-scale coastal fleet with catches of less than 1 000 kg of TAC and quota species per year shall not be subject to this obligation.
Amendment 401 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point b a (new)
Article 1 – paragraph 1 – point 15 – point b a (new)
Regulation (EC) No 1224/2009
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
(ba) the following paragraph 1b is inserted: Where catches are made between the time of mandatory notification and arrival at port, these shall be notified additionally after they have been retained on board, before entering port.
Amendment 416 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 1224/2009
Article 19 a – paragraph 1
Article 19 a – paragraph 1
1. Union fishing vessels shall only be authorised to land in ports outside Union waters if they have notified by electronic means the competent authorities of their flag Member State at least 3 day24 hours before the estimated time of arrival at port of the information listed in paragraph 3 and the flag Member State has not denied the authorisation to land within this period of time.
Amendment 420 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 1224/2009
Article 19 a – paragraph 4
Article 19 a – paragraph 4
4. Where, on the basis of the analysis of the information submitted and other information available, there are reasonable grounds to believe that the fishing vessel is not complying with the rules of the common fisheries policy, the competent authorities of the flag Member State shall request the cooperation of the third country where the vessel intends to land in view of a possible inspection. For this purpose the flag Member State may require the fishing vessel to land in a different port, or delay the time of arrival at port or of landing.”
Amendment 454 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 1224/2009
Article 25 a – paragraph 1
Article 25 a – paragraph 1
1. Member States shall ensure effective control of the landing obligation. For this purpose Member States may deploy observers on board a minimum percentage of fishing vessels fishing for species subject to the landing obligation and flying their flag established in accordance with paragraph 2, shall be equipped with continuously recording Closed-Circuit Television (CCTV) systems incorporating data storage. The cost of deploying observers on board may not be passed on, in full or in part, to fishing operators.
Amendment 469 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 1224/2009
Article 25 a – paragraph 3
Article 25 a – paragraph 3
3. In addition to the CCTV systemon-board observers referred to in paragraph 1, Member States may require the use of other electronic monitoring systems for the purpose of controlling the landing obligprovide, on a voluntary basis, offering incentives such as quota increases, or on a compulsory basis, where the rules governing the landing obligation have been repeatedly and seriously infringed, for the use of other electronic monitoring systems for the purpose of controlling the landing obligation, including CCTV systems. Both the installation of electronic monitoring systems and the storage and transmission of the data generated shall respect the confidentiality and privacy of personal information.
Amendment 477 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 1224/2009
Article 25 a – paragraph 4
Article 25 a – paragraph 4
4. The Commission may, by means of implementing acts, lay down detailed rules on the requirements, technical specifications, installation and functioning of the electronic monitoring systems for the control of the landing obligation, including continuously recording CCTV systems, to be installed either on a voluntary or on a compulsory basis, and may also provide for incentives for the installation of such systems.
Amendment 495 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EC) No 1224/2009
Article 38 – paragraph 1
Article 38 – paragraph 1
“1. Member States shall be responsible for carrying out the necessary checks in order to ensure that the total capacity corresponding to the fishing licences issued by a Member State, in GT and in kW, shall at any moment not be higher than the maximum capacity levels for that Member State established in accordance with Article 22 of Regulation (EU) No 1380/2013. The following shall be exempt from these checks: (a) fishing vessels that operate in geographical areas where fisheries exploitation is based on a TACs and quotas system; and (b) fishing vessels that operate under the governance of regional fishing organisations where fisheries exploitation is based on a TACs and quotas system;
Amendment 503 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Regulation (EC) No 1224/2009
Article 39a – paragraph 1
Article 39a – paragraph 1
1. Member States shall ensure that vessels using the following active fishing gears: trawls, seines and surrounding nets,which have been sanctioned for a serious infringement involving the manipulation of engine power are equipped with permanently installed devices that measure and record engine power in cases where:
Amendment 569 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 56a – paragraph 1
Article 56a – paragraph 1
1. Fishery and aquaculture products from catching or harvesting shall be put into lots prior to placing on the market, in accordance with Directive 2011/91/EU of the European Parliament and of the Council1a. __________________ 1a Directive 2011/91/EU of the European Parliament and of the Council of 13 December 2011 on indications or marks identifying the lot to which a foodstuff belongs (OJ L 334, 16.12.2011, p. 1).
Amendment 571 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 56a – paragraph 2
Article 56a – paragraph 2
Amendment 572 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 56a – paragraph 3
Article 56a – paragraph 3
Amendment 576 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 56a – paragraph 4
Article 56a – paragraph 4
Amendment 578 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 56a – paragraph 5
Article 56a – paragraph 5
Amendment 580 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 56a – paragraph 5 – point a
Article 56a – paragraph 5 – point a
Amendment 581 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 56a – paragraph 5 – point b
Article 56a – paragraph 5 – point b
Amendment 582 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 56a – paragraph 5 – point c
Article 56a – paragraph 5 – point c
Amendment 583 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Regulation (EC) No 1224/2009
Article 56a – paragraph 6
Article 56a – paragraph 6
Amendment 606 #
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59a – paragraph 1
Article 59a – paragraph 1
1. A Member States shall ensure that procedures are in place to enable that all fishery products are weighed upon landing on systems approved by the competent authorities and that weighing is carried out by operators registered for the weighing of fisunless it has adopted a sampling plan approved by the Commission and based on the risk-based methodology adopted by the Commission in accordance with the procedure referred to in Article 119, unless the Member State in question has adopted a sampling plan which has been approved by the Commission and follows the ries productssk-based methodology adopted by the Commission in accordance with the procedure referred to in Article 119.
Amendment 610 #
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59a – paragraph 1 a (new)
Article 59a – paragraph 1 a (new)
Amendment 612 #
Proposal for a regulation
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Regulation (EC) No 1224/2009
Article 59a – paragraph 1 b (new)
Article 59a – paragraph 1 b (new)
1b. Member States may also permit fisheries products to be weighed after transport from the place of landing provided that they are transported to a destination on the territory of the Member State concerned and that this Member State has adopted a control plan approved by the Commission and based on the risk- based methodology adopted by the Commission in accordance with the procedure referred to in Article 119.
Amendment 670 #
Proposal for a regulation
Article 1 – paragraph 1 – point 56
Article 1 – paragraph 1 – point 56
Regulation (EC) No 1224/2009
Article 68 – paragraph 4 – point d
Article 68 – paragraph 4 – point d
(d) the quantities of each species transported in kilograms in product weight, broken down by type of product presentation or, where appropriate, the number of individuals and where appropriate by places of destination; a discrepancy margin of 5% above or below those quantities shall be permitted when the distance to be travelled is less than 500 km and 15% if the distance is longer than that;
Amendment 671 #
Proposal for a regulation
Article 1 – paragraph 1 – point 56
Article 1 – paragraph 1 – point 56
Regulation (EC) No 1224/2009
Article 68 – paragraph 5
Article 68 – paragraph 5
5. The competent authorities of Member States may grant exemptions from the obligation set out in paragraph 1 if the fisheries products are transported within a port area or not more than 250 kilometres from the place of landing.
Amendment 672 #
Proposal for a regulation
Article 1 – paragraph 1 – point 56
Article 1 – paragraph 1 – point 56
Regulation (EC) No 1224/2009
Article 68 – paragraph 6 a (new)
Article 68 – paragraph 6 a (new)
6a. The transporter shall be exempt from the requirement laid down in this Article if: (a) the transport document is replaced by a copy of the declaration from the electronic logbook, or the landing declaration pertaining to the quantities transported, or any equivalent document, and (b) these documents contain the same level of information as indicated in paragraph 4.
Amendment 705 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 89a – paragraph 4
Article 89a – paragraph 4
4. Member States mayshall apply a system whereby a fine is proportionate to the turnover of the legal person, or to the economic benefit achieved or envisaged by committing the infringement. The financial situation of the natural person shall also be taken into account in determining the size of the fine.
Amendment 713 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 90 – paragraph 2 – point d
Article 90 – paragraph 2 – point d
(d) seriously obstructing the work of officials or observers, in the exercise of their duties; or
Amendment 718 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 90 – paragraph 2 – point j
Article 90 – paragraph 2 – point j
(j) engaging in directed fishing, retaining on board, transhipping, transferring or landing species which areis subject to a moratorium, a closed season or for which fishing is prohibited; or
Amendment 722 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 90 – paragraph 3
Article 90 – paragraph 3
3. The following activities shall constitute serious infringements depending on the gravity of the infringement in question which shall be determined by the competent authority of the Member State concerned taking into account one or more of the alternative criteria defined in accordance with Annex IV; in all cases, for an alleged infringement to be considered serious it shall be the second one detected in the preceding twelve months:
Amendment 736 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
– the minimum shall be at least threewo times the value of the fishery products obtained by committing the serious infringement, and
Amendment 740 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 91a–paragraph 2 – indent 1
Article 91a–paragraph 2 – indent 1
– the minimum shall be at least fiveour times the value of the fishery products obtained by committing the serious infringement, and
Amendment 744 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 91a–paragraph 4 a (new)
Article 91a–paragraph 4 a (new)
Amendment 745 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 91b–point 7
Article 91b–point 7
(7) tThe temporary or permanent ban on access to public assistance or subsidies; for the purposes referred to in Article 12 of Regulation (EU) .../... of the European Parliament and of the Council 1 a; __________________ 1a Regulation (EU) .../... of the European Parliament and of the Council on the European Maritime and Fisheries Fund and repealing Regulation (EU) No 508/2014 of the European Parliament and of the Council.
Amendment 746 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 91b–point 10
Article 91b–point 10
(10) the temporary suspension of the economic activity of fishing or its permanent cessation;
Amendment 748 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92–paragraph 1
Article 92–paragraph 1
1. Member States shall apply as an ancillary sanction a point system for infringements referred to in Article 90, except for serious infringements referred to in paragraph 12 points (k) and (p) and in paragraph (2)3 points (g) and (h) of that Article.
Amendment 754 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92–paragraph 3
Article 92–paragraph 3
3. While remaining attachThe points assigned to the licence holder who sold the fishing vessel, points shall alsonot be assigned to any new holder of the fishing licence forif the fishing vessel concerned where the vessel is sold, transferred or otherwise changes ownership after the date of the infringement, unless there is an economic link or family relationship to the second degree of consanguinity or affinity between the seller and the buyer.
Amendment 758 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
6. When the total number of points equals or exceeds 1830 points, the fishing licence and/or the right to command a fishing vessel shall be automatically suspended for a period of at least two months. That period shall be four months if the suspension is occurring a second time and the number of points equals or exceeds 3650 points, eight months if the suspension is occurring a third time and the number of points equals or exceeds 754 points and one year if the suspension is occurring a fourth time and the number of points equals or exceeds 72100 points. In case the suspension is occurring for a fifth time and the number of points equals or exceeds 9120 points, the fishing licence shall be permanently withdrawn and the fishing vessel shall not be used anymore for commercial exploitation of marine biological resources.
Amendment 761 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92–paragraph 7
Article 92–paragraph 7
7. The accumulation of 9120 points by the holder of a fishing licensce or a master shall trigger automatically the permanent withdrawal of the fishing licence or of the right to command a fishing vessel as a master.
Amendment 763 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92 – paragraph 8
Article 92 – paragraph 8
8. If the holder of a fishing licence or the master does not commit a serious infringement withinOnce a period of three years has passed from the date of the committing of the lasta serious confirmed infringement, all points assigned by reason of this infringement shall be deleted.
Amendment 766 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92 – paragraph 9
Article 92 – paragraph 9
9. The coastal State is competent to determine under its national laws whether a serious infringement has been committed in its waters and to decide about the number of points to be assignforward relevant information to the flag States of a vessel that may have committed possible serious infringements in the waters of said coastal State. The flag State of the vessel shall notify the coastal State which forwarded the information that gave rise to disciplinary proceed in accordance with Annex IIIgs of the outcome of said proceedings.
Amendment 768 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92 – paragraph 10
Article 92 – paragraph 10
Amendment 774 #
Proposal for a regulation
Article 1 – paragraph 1 – point 69
Article 1 – paragraph 1 – point 69
Regulation (EC) No 1224/2009
Article 92 – paragraph 13 – point a
Article 92 – paragraph 13 – point a
Amendment 840 #
Proposal for a regulation
Annex 1 – paragraph 1
Annex 1 – paragraph 1
Regulation (EC) No 1224/2009
Annex IV – table – row 1 – column 2 – indent 2 (criteria)
Annex IV – table – row 1 – column 2 – indent 2 (criteria)
Amendment 842 #
Proposal for a regulation
Annex 1 – paragraph 1
Annex 1 – paragraph 1
Amendment 845 #
Proposal for a regulation
Annex 1 – paragraph 1
Annex 1 – paragraph 1
Regulation (EC) No 1224/2009
Annex IV – table – row 3 – column 2 – indent 2 (criteria)
Annex IV – table – row 3 – column 2 – indent 2 (criteria)
– the gear used is one of the following: Fishing with explosive Prohibited drifting gillnets, not including ‘xeito’ nets
Amendment 846 #
Proposal for a regulation
Annex 1 – paragraph 1
Annex 1 – paragraph 1
Regulation (EC) No 1224/2009
Annex IV – table – row 3 – column 2 – indent 4 (criteria)
Annex IV – table – row 3 – column 2 – indent 4 (criteria)
Amendment 849 #
Proposal for a regulation
Annex 1 – paragraph 1
Annex 1 – paragraph 1
Regulation (EC) No 1224/2009
Annex IV – table – row 4 – column 2 – indent 2 (criteria)
Annex IV – table – row 4 – column 2 – indent 2 (criteria)