BETA

35 Amendments of Diane DODDS related to 2013/0436(COD)

Ian DUNCAN, Diane DODDS

Proposal for a regulation
Recital 4

~~(4) In addition, in order to ensure legal certainty, provisions relating to an area closure for the protection of juvenile haddock in ICES division VIb should be amended.~~deleted

2014/11/04
Committee: PECH

Ian DUNCAN, Diane DODDS

Proposal for a regulation
Recital 10

(10) In order to ensure the implementation of the landing obligation Control Regulation (EC) 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 should be amended to ensure monitoring of the landing obligation. For this purpose fishing authorisations should apply to fisheries subject to a landing obligation ; data on catches of all species shall be recorded irrespective of a weight threshold; data on catches below minimum conservation reference sizes should be recorded separately; in view of the difficulty to establish the exact quantity of small catches on board a fishing vessel a higher margin of tolerance should apply for estimates of small catches in logbooks and transhipment declarations; rules for remote electronic monitoring (REM) should be established for the recording of data for monitoring the landing obligation at sea; rules on a separate stowage of catches and control of marketing of catches below minimum conservation reference sizes should be set up; and the conditions for the use of control observers for monitoring purposes should be defined.deleted

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

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

Regulation (EC) No 850/98
Article 3 – point i

~~1) In Article 3, the following point (i) is added: "(i) 'Unintended catches' shall mean incidental catches of marine organisms the fishing for which is prohibited in the relevant circumstances."~~deleted

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – subpoint a

Regulation (EC) No 850/98
Article 4 – paragraph 1

~~a) In paragraph 1, the following subparagraph is added: "Fishing for any species listed in Annexes I to V using a mesh size not provided for in those Annexes for that species shall be prohibi~~deleted."

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – subpoint b

Regulation (EC) No 850/98
Article 4 – paragraph 4 – point a

By way of derogation from the first subparagraph, landings shall not be prohibited where the conditions established in Annex X cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted against quotasonly for those fisheries covered by the landing obligation as of 1 January 2015, subject to Article 15 of Regulation (EU) 1380/2013, the rules relating to catch composition established in Annex X to this Regulation are not applicable.

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – subpoint c

Regulation (EC) No 850/98
Article 4 – paragraph 4 – point b

By way of derogation from the first subparagraph, landings shall not be prohibited where the conditions established in Annexes I to V cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted against quotasonly for those fisheries covered by the landing obligation as of 1 January 2015, subject to Article 15 of Regulation (EU) 1380/2013, the rules relating to catch composition established in Annex I to V to this Regulation are not applicable.

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EC) No 850/98
Article 7 – paragraph 5

4) In Article 7(5) the following subparagraph is added: "The first subparagraph shall not apply where the crustaceans of the species Pandalus are subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. However, it shall be prohibited to fish for those crustaceans with nets referred to in the first subparagraph which are not equipped in accordance with that subparagraph. Unintended catches taken with such nets shall be landed and counted against quotas."deleted

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EC) No 850/98
Article 10

(5) In Article 10, the following subparagraph is added: "By way of derogation from point (b) of the first subparagraph, the retention on board and landing shall not be prohibited where the minimum percentage of bivalve molluscs cannot be achieved because of unintended catches of marine organisms subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted against quotas."deleted

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 850/98
Article 11 – paragraph 1 – point a

By way of derogation from point (a) of the first subparagraph, ~~the use or keeping on board of bottom set gillnets, entangling nets or trammel nets shall not be prohibited where~~only for those fisheries covered by the colanditions established in that point (a) cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted against quotasng obligation as of 1 January 2015, subject to Article 15 of Regulation (EU)1380/2013, the rules relating to catch composition established in Annex X to this Regulation are not applicable.

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 850/98
Article 15 – paragraph 3

3. Before they start fishing in any management area on a specific fishing trip, masters of fishing vessels shall ensure they have quotas for stocks subject to catch limits that are sufficient to cover their likely catch composition and the permitted percentages during that trip.deleted

2014/11/04
Committee: PECH

Ian DUNCAN, Diane DODDS

Proposal for a regulation
Article 1 – paragraph 1 – point 18

Regulation (EC) No 850/98
Article 29c

(18) Article 29c is replaced by the following: Rockall haddock box in ICES sub-area VI 1. All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system: – 57o00' N, 15o00' W – 57o00' N, 14o00' W – 56o30' N, 14o00' W – 56o30' N, 15o00' W – 57o00' N, 15o00' W."deleted "Article 29c

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 1 – paragraph 1 – point 19 – subpoint a

Regulation (EC) No 850/98
Article 29d – paragraph 3

WThere the fish or shellfish referred to in point (b) of the first subparagraph is subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx], the condition laid down in that point (b) shall be replaced by the condition that such fish or shellfish is not targeted. Unintended catches of such fish or shellfish shall be landed and counted against quotas capture of species subject to catch limits as subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 as of 1 January 2015, shall be landed and counted against quotas. However, the targeted fishing for species not listed in point (b) of the first subparagraph shall be prohibited.

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 1 – paragraph 1 – point 20

Regulation (EC) No 850/98
Article 29e – paragraph 2

WThe~~re the fish referred to in point (b) of the first subparagraph i~~ capture of species subject to catch limits as subject to the landing obligation set out in Article 15 of Regulation (EU) ~~[xxxx], the condition laid down in that point (b) shall be replaced by the condition that such fish is not targeted. Unintended catches of such fish shall be landed and counted against quotas~~No 1380/2013 as of 1 January 2015 shall be landed and counted against quotas. However, the targeted fishing for species not listed in point (b) of the first subparagraph shall be prohibited.

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 1 – paragraph 1 – point 21

Regulation (EC) No 850/98
Article 29f – paragraph 1a

In Article 29f, the following paragraph 1a shall be inserted: "1a. Where blue ling is subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx], the prohibition to retain on board established in paragraph 1 of this Article shall not apply. However, in the period and within the areas referred to in that paragraph, it shall be prohibited to fish for that species. Unintended catches of blue ling shall be landed and counted against quotas."deleted

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 2 – paragraph 1 – point 1

Regulation (EC) No 2187/2005
Article 2 – point p

~~(1) In Article 2, the following point p is added: "(p) 'Unintended catches' means incidental catches of marine organisms the fishing for which is prohibited in the relevant circumstances."~~deleted

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation (EC) No 2187/2005
Article 2 a (new)

(1a) The following Article is be inserted: "Article 2a The use of separator trawls and other highly selective gears as approved under the conditions laid down in Article 11(2) of Council Regulation (EC) No 1342/2008 (the Cod Plan) shall be permitted."

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 2 – paragraph 1 – point 4

Regulation (EC) No 2187/2005
Article 12 – paragraph 2

2. Before they start fishing in any management area on a specific fishing trip, masters of all fishing vessels shall ensure they have quotas for stocks subject to catch limits that are sufficient to cover their likely catch composition and the percentages contained in Annexes II and III.deleted

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 3 – paragraph 1 – point 1

Regulation (EC) No 1967/2006
Article 2 – point 18

~~(1) In Article 2, the following point (18) is added: "(18) 'Unintended catches' means incidental catches of marine organisms the fishing for which is prohibited in the relevant circumstances."~~deleted

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – subpoint a

Regulation (EC) No 1967/2006
Article 15 – paragraph 1 – subparagraph 2

Unintended catches of undersized marine organisms which are subject to the landing obligation set out in Article 15 of Regulation (EU) ~~[xxxx]~~No 1380/2013 as of 1 January 2015, that is to say sardine, anchovy, mackerel and horse mackerel caught by pelagic gears, shall be retained on board, and landed. They shall not be sold, displayed or offered for sale for human consumption.

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – subpoint b

Regulation (EC) No 1967/2006
Article 15 – paragraph 3

~~(b) Paragraph 3 is~~ deleted.

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 5

Regulation (EC) No 254/2002 is amended as follows: (1) In Article 3(1), the following subparagraph is added: "By way of derogation from the first subparagraph, landings shall not be prohibited if the conditions established in that subparagraph cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in Article 15 of Regulation (EU) [xxxx]. Those unintended catches shall be landed and counted against quotas." (2) In Article 4, the following subparagraph is added: "By way of derogation from the first subparagraph, landings shall not be prohibited if the conditions established in that subparagraph cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in Article 15 ofArticle 5 deleted Amendments to Regulation (EUC) ~~[xxxx]. Those unintended catches shall be landed and counted against quotas."~~No 254/2002

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 5 – paragraph 1 – point -1 (new)

Regulation (EC) No 254/2002
Article 2 – paragraph 2 –point a – point iii

(-1) In point (a) of Article 2(2), point (iii), is replaced by the following: "(iii) incorporate no individual diamond mesh, irrespective of its position within the net, of mesh size greater than 300 mm, ~~and~~"

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 5 – paragraph 1 – point -1 a (new)

Regulation (EC) No 254/2002
Article 2 – paragraph 2 –point b

(~~b) the use of separator trawls~~-1a) In Article 2(2), point (b) is replaced by the following: "(b) the use of separator trawls and other highly selective gears as approved under the conditions laid down in Article 11(2) of Council Regulation (EC) No 1342/2008 (the Cod Plan) shall be permitted provided that no other type of fishing gear is retained on board and that such nets: (i) comply with the conditions laid down in subparagraph (a)(i) to (iv), and (ii) are constructed in conformity with the technical details provided in the Annex. Furthermore, separator trawls and other highly selective gear may also be used within an area enclosed by straight lines sequentially joining the following geographical coordinates: 53° 45_' N, 06° 00_' W 53° 45' N, 05° 30' W 53° 30' N, 05° 30' W 53° 30' N, 06° 00' W 53° 45' N, 06° 00' W."

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 6 – point 2

Regulation (EC) No 2347/2002
Article 3 – paragraph 1 – subparagraph 2

By way of derogation from the second subparagraph, the retention on board, transhipment and landing shall not be prohibited if the 100 kg limit established in that subparagraph is exceeded because of unintendedThe first subparagraph shall not apply to catches of deep-sea species in fisheries subject to the landing obligation as set out in Article 15(1) of Regulation (EU) ~~[xxxx]. Those unintended catches shall be landed and counted against quotas~~No 1380/2013.

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 7 – paragraph 1 – point 1

Regulation (EC) No 1224/2009
Article 7 – paragraph 1

(1) Article 7(1) is amended as follows: (a) Point (e) is replaced by the following: "(e) a landing obligation in part of the fisheries or in all fisheries as referred to in Article 15 of Regulation (EU) [xxxx]." (b) The following point (f) is inserted: "(f) other cases laid down in Union legislation."deleted

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 7 – paragraph 1 – point 2 – subpoint a

Regulation (EC) No 1224/2009
Article 14 – paragraph 1

1. Without prejudice to specific provisions contained in multiannual plans, masters of Union fishing vessels of 10 metres' length overall or more shall keep a fishing logbook of their operations, indicating specifically all quantities of each species caught and kept on board above 50 kg of equivalent live weight. The threshold of 50 kg applies as soon as the catch of one species exceeds 50 kg.

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 7 – paragraph 1 – point 2 – point d

~~(d) Paragraph 4 is replaced by the following: "4. Masters of Union fishing vessels shall also record in their fishing logbook all estimated discards in volume for any species."~~deleted

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 7 – paragraph 1 – point 4 – point c

Regulation (EC) No 1224/2009
Article 21 – paragraph 3

(c) Paragraph 3 is replaced by the following: "The permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish transhipped on board shall be 10 % for all species. Where for one or more species, the respective total catch is below 50 kilograms, the permitted margin of tolerance shall be 20%."deleted

2014/11/04
Committee: PECH

Proposal for a regulation
Article 7 – paragraph 1 – point 6

Regulation (EC) No 1224/2009
Article 25a

1. ~~Fishing vessels that, in accordance with~~If Union legislation or a decision of a Member State, provide that fishing vessels are subject to the utilisation of remote electronic monitoring for the purpose of monitoring of the landing obligation as established in Article 15 of Regulation (EU) ~~[xxxx],~~No 1380/2013, fishing vessels shall have installed the devices of a remote electronic monitoring system. That system shall ensure the recording at all times of data of fishing activities and activities related to them ~~by cameras~~, including the processing of the catch. 2. The fishing vessels referred to in paragraph 1 shall also be equipped with: (a) removable data storage devices approved by the competent authorities where all images of the fishing activities shall be saved at all times; and (b) sensors attached to the systems operating the fishing gear and to the winch or the net drum,, by cameras or other electronic devices which can record~~ing~~ all movements related to the setting and hauling of the fishing gear. 32. The remote electronic monitoring systems installed on board fishing vessels referred to in paragraph 1 shall operate fully automatically, shall not permit the input or output of false positions and shall not be capable of being manually over- ridden. 43. Member States shall ensure that they have the technical capacity to analyse and make effective use of the information provided by the remote electronic monitoring system. 54. The Commission shall be empowered to adopt delegated acts in accordance with the Article 119a concerning: (a) the data to be recorded and processed by the remote electronic monitoring systems; (b) the responsibilities of masters concerning the remote electronic monitoring systems; (c) the measures to be taken in case of a technical failure or non-functioning of the remote electronic monitoring systems; (d) reporting obligations of Member States on the use of remote electronic monitoring systemData recorded shall be treated in conformity with the applicable data protection rules and principles. 65. The Commission shall, by means of implementing acts, lay down detailed rules on~~: (a)~~ the requirements ~~of remote electronic monitoring systems; (b)~~and the specifications of remote electronic monitoring systems~~; (c) the control measures to be adopted by the flag Member State; (d) the access of the Commission to data of the remote electronic monitoring systems~~ as defined in paragraphs 1 and 2. In doing so, the Commission shall respect the principles of proportionality and efficiency. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 7 – paragraph 1 – point 7 – point -a (new)

Regulation (EC) No 1224/2009
Article 33 – paragraph 1 a (new)

(-a) In Article 33, the following paragraph is inserted: "1a. By way of derogation from paragraph 1, masters of Union fishing vessels having caught pelagic or industrial species and keeping such catches on board fresh and unsorted may alternatively in their fishing logbook indicate all quantities of each species in these catches caught and kept on board above [10 %] of live-weight equivalent of the total catch caught and kept on board fresh and unsorted."

2014/11/04
Committee: PECH

Ian DUNCAN, Diane DODDS

Proposal for a regulation
Article 7 – paragraph 1 – point 8

Regulation (EC) No 1224/2009
Article 49a

Separate stowage of catches below the minimum conservation reference sizes 1. All catches below the applicable minimum conservation reference size retained on board a Union fishing vessel shall be placed in boxes, compartments or containers separately for each stock in such a way that they are identifiable from other boxes, compartments or containers. 2. It shall be prohibited to retain on board a Union fishing vessel in any box, compartment or container any quantity of catches below the applicable minimum conservation reference size mixed with any other fisheries product. 3. Paragraphs 2 and 3 shall not apply: – where the catches contain more than 80% of Norway pout and sand eel caught for non-human consumption purposes or of one or more of the following species: – mackerel; – herring; – horse mackerel; – blue whiting; – boarfish; – anchovy; – argentine; – sardine; – sprat. – to fishing vessels of less than 12 metres' length overall where catches below the minimum conservation reference size have been sorted, weighed and recorded in the logbook. 4. For the cases referred to in paragraph 3, Member States shall monitor the catch composition by way of sampling.""Article 49a deleted

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 7 – paragraph 1 – point 8

Regulation (EC) No 1224/2009
Article 49a – paragraph 1

1. All catches below the applicable minimum conservation reference size retained on board a Union fishing vessel shall be placed in boxes, compartments or containers ~~separately for each stock~~ in such a way that they are identifiable from other boxes, compartments or containers.

2014/11/04
Committee: PECH

Ian DUNCAN, Diane DODDS

Proposal for a regulation
Article 7 – paragraph 1 – point 8

Regulation (EC) No 1224/2009
Article 49a – paragraph 2

2. It shall be prohibited to retain on board a Union fishing vessel in any box, compartment or container any quantity of catches below the applicable minimum conservation reference size mixed with any other fisheries product.deleted

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 7 – paragraph 1 – point 8

Regulation (EC) No 1224/2009
Article 49a – paragraph 3

3. Paragraph~~s 2 and 3~~ 1 shall not apply: –(a) where the catches contain more than 80% of Norway pout and sand eel caught for non-human consumption purposes or of one or more of the following species: – mackerel; – herring; – horse mackerel; – blue whiting; – boarfish; – anchovy; – argentine; – sardine; – sprat. –one or more small pelagic or industrial species, as defined in Article 15(1)(a) of Regulation (EU) No 1380/2013: (b) to fishing vessels of less than 12 metres length overall where catches below the minimum conservation reference size have been sorted, ~~weigh~~estimated and recorded in ~~the logbook~~accordance with Article 14.

2014/11/04
Committee: PECH

Diane DODDS, Ian DUNCAN

Proposal for a regulation
Article 7 – paragraph 1 – point 8

Regulation (EC) No 1224/2009
Article 49c

Where catches below the applicable minimum conservation reference size are landed the competent authorities shall endeavour to ensure that these catches are stored in such a way to make them distinguishable from fisheries products destined for human consumption.

2014/11/04
Committee: PECH