Activities of Kriton ARSENIS related to 2011/0195(COD)
Plenary speeches (1)
Common fisheries policy (debate)
Amendments (394)
Amendment 15 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41 a) In order to improve the cooperation with neighbouring countries and to improve the management of shared stocks, the Union should aim to conclude sustainable fisheries cooperation agreements with these countries. In contrast to sustainable fisheries agreements, these cooperation agreements should not aim to obtain fishing rights for Union vessels but should aim to achieve a situation where the Union provides funding and technical support in exchange for the application of the same or comparable sustainable management rules in the partner third country as those that are applicable in the Union .
Amendment 19 #
Proposal for a regulation
Part 7 – Article 41 – paragraph 1
Part 7 – Article 41 – paragraph 1
1. Sustainable Fisheries Agreements with third countries shall establish a legal, economic and, environmental and social governance framework for fishing activitithe sustainable exploitation of marine biological resources carried out by Union fishing vessels in third country waters. Sustainable Fisheries Agreements shall be subject to the principles, objectives and rules of the Common Fisheries Policy and shall promote sustainable resource management in third countries by providing appropriate support for scientific research and data collection, monitoring, control and surveillance in partner third countries;
Amendment 21 #
Proposal for a regulation
Part 7 – Article 41 – paragraph 2 a (new)
Part 7 – Article 41 – paragraph 2 a (new)
2a. An effort shall be made at Union level to monitor the activities of Union fishing vessels that operate in non- Union waters outside the framework of sustainable fisheries agreements, these vessels should respect the same guiding principles that are applied to those fishing in the Union and this information shall be the basis for establishing the existing surplus in third countries.
Amendment 22 #
Proposal for a regulation
Part 7 – Article 41 a (new)
Part 7 – Article 41 a (new)
Article 41a Sustainable Fisheries Cooperation Agreements 1. In order to achieve a more concerted, coherent and sustainable fisheries policy in all shared sea basins, the Union shall aim to conclude, as soon as possible, Sustainable Fisheries Cooperation Agreements with neighbouring countries. These agreements shall provide for Union funding and technical support to the third countries concerned. These agreements shall be concluded in the spirit of a fair and equitable cooperation and shall aim to share responsibilities fairly between the Union and the respective partner country.
Amendment 146 #
Proposal for a regulation
Part 1 – article 1 – paragraph 1 – point a
Part 1 – article 1 – paragraph 1 – point a
(a) conservation, management and sustainable exploitation of marine biological resources and fresh water biological resources; and
Amendment 147 #
Proposal for a regulation
Part 1 – article 1 – paragraph 1 – point b
Part 1 – article 1 – paragraph 1 – point b
(b) fresh water biological resources,sustainable aquaculture, and the processing and marketing of fisheries and aquaculture products, in relation to measures on markets and financial measures in support of the Common Fisheries Policy.
Amendment 151 #
Proposal for a regulation
Part 1 – article 2 – paragraph 1
Part 1 – article 2 – paragraph 1
1. The Common Fisheries Policy shall ensure that fishing and aquaculture activities providsecure long-term sustainable environmental,environmental sustainability, which is a prerequisite for economic and social conditions and contributes to the availability of food supplies.
Amendment 156 #
Proposal for a regulation
Part 1 – article 2 – paragraph 2
Part 1 – article 2 – paragraph 2
2. The Common Fisheries Policy shall apply the precautionary approach to fisheries and aquaculture management, and shall aim to ensure, by 2015, thatensure that the sustainable exploitation of living marine biological resources restores and maintains populations of all stocks of harvested species above levels which cancapable of produce theing maximum sustainable yield, or the relevant proxy, by 2015, and above levels capable of producing maximum economic yield by 2020.
Amendment 157 #
Proposal for a regulation
Part 1 – article 2 – paragraph 2 a (new)
Part 1 – article 2 – paragraph 2 a (new)
2a. The Common Fisheries Policy shall contribute to the achievement and maintenance of good environmental status by 2020 at the latest as set out in Directive 2008/56/EC, including in particular that all stocks of harvested species exhibit a population age and size distribution that is indicative of a healthy stock, and descriptors 1, 2, 3, 4, 6, 9, and 10.
Amendment 161 #
Proposal for a regulation
Part 1 – article 2 – paragraph 3
Part 1 – article 2 – paragraph 3
3. The Common Fisheries Policy shall implement the ecosystem-based approach to fisheries management to ensure that the impacts of fishing and aquaculture activities on the marine ecosystem are limited and not detrimental to the future functioning, diversity and integrity of those ecosystems.
Amendment 166 #
Proposal for a regulation
Part 1 – article 2 – paragraph 4
Part 1 – article 2 – paragraph 4
4. The Common Fisheries Policy shall integratebe in full compliance with the Union environmental legislation requirements, as stipulated in Article 11 of the Treaty.
Amendment 170 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point -1 (new)
Part 1 – article 3 – paragraph 1 – point -1 (new)
(-1) (a) ensure that fishing opportunities are set to levels that will restore and maintain populations of all stocks of harvested species above levels capable of producing maximum sustainable yield, or the relevant proxy, by 2015 and are determined by the best available scientific data and advice;
Amendment 173 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point a
Part 1 – article 3 – paragraph 1 – point a
(a) eliminate unwanted catches of commercial stocks and gradually ensure that all catches of such stocks are landed, except for non-target species with a proven high survival rate after discarding;
Amendment 181 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point b
Part 1 – article 3 – paragraph 1 – point b
(b) provide conditions for efficient, environmentally sustainable and low- impact fishing activities within an economically viable and competitive fishing industry;
Amendment 184 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point c
Part 1 – article 3 – paragraph 1 – point c
(c) promote the development ofsustainable management and development of environmentally sustainable, ecosystem-based Union aquaculture activities to contribute to food security and employment in coastal and rural areas;
Amendment 187 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point d
Part 1 – article 3 – paragraph 1 – point d
(d) promote an equitable distribution of marine resources in order to contribute to a fair standard of living for thosecoastal communities who depend on fishing activities;
Amendment 188 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point e
Part 1 – article 3 – paragraph 1 – point e
(e) take into account the interests of consumersprotect the interests of consumers, by ensuring that labelling is clear, detailed and accurate and by securing the traceability of fisheries and aquaculture products throughout the food chain;
Amendment 189 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point f
Part 1 – article 3 – paragraph 1 – point f
(f) ensure systematic and harmonised data collection and management.of robust and timely biological, technical, environmental and socio- economic data necessary for ecosystem based management of fisheries and aquaculture;
Amendment 191 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point f a (new)
Part 1 – article 3 – paragraph 1 – point f a (new)
(fa) ensure the establishment of fisheries reserves;
Amendment 193 #
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – introductory part
Part 1 – article 4 – paragraph 1 – introductory part
The Common Fisheries Policy shall be guided bapply the following principles of good governance:
Amendment 200 #
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – point d a (new)
Part 1 – article 4 – paragraph 1 – point d a (new)
(da) adaptive, real-time management
Amendment 201 #
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – point f
Part 1 – article 4 – paragraph 1 – point f
(f) consistence with the integrated maritime policy, and with other Union policies, in particular with existing EU environmental legislation, and international legally binding agreements, whilst ensuring Policy Coherence for Development.
Amendment 207 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 6
Part 1 – article 5 – paragraph 1 – indent 6
– ‘maximum sustainable yield’ means the maximum catch that may be taken from a fish stock indefinitely; without damaging the reproductive process of that stock and causing stock collapse and refers to both FMSY and SSBMSY; where maximum sustainable yield cannot be determined, the methodologies set out in part B descriptor 3.1 and 3.2 of Commission Decision 2010/477/EU on criteria and methodological standards on good environmental status of marine waters for the Marine Strategy Framework Directive (Directive 2008/56/EC) shall be applied to determine a suitable proxy;
Amendment 208 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 6 a (new)
Part 1 – article 5 – paragraph 1 – indent 6 a (new)
- ‘harvested species’ means species subject to fishing pressure/exploitation, including the species that are not landed, but caught as bycatch or impacted by a fishery;
Amendment 209 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 7
Part 1 – article 5 – paragraph 1 – indent 7
– ‘precautionary approach to fisheries management’ means an approach according to which, in accordance with the definition set out in the 1995 UN Fish Stocks Agreement Article 6, means that when scientific information is uncertain, unreliable or inadequate there is a need to be more cautious and the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment;
Amendment 211 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 8
Part 1 – article 5 – paragraph 1 – indent 8
– ‘ecosystem-based approach to fisheries management’ means an approach ensuring that benefits from living aquaticthat considers all pressures on marine biological resources, ensuring that benefits from marine ecosystems and marine biological resources are high while the direct and indirect impacts of fishing operations on marine ecosystems are low and not detrimental to the future functioning, diversity and integrity of those ecosystems;
Amendment 213 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 8 a (new)
Part 1 – article 5 – paragraph 1 – indent 8 a (new)
- ‘sustainable exploitation’ means the exploitation of a stock or group of fish stocks in a way that restores and maintains at levels capable of producing maximum sustainable yield, displays a healthy population age and size distribution and does not have a negative impact on the marine ecosystems;
Amendment 215 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 11
Part 1 – article 5 – paragraph 1 – indent 11
– ‘catch limit’ means a quantitative limit on landingcatches of a fish stock or group of fish stocks over a given period;
Amendment 216 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 12
Part 1 – article 5 – paragraph 1 – indent 12
– ‘conservation reference point’ means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management, for example with respect to an acceptable level of biological risk or a desired level of yieldMSY or the best proxy equivalent, and reflecting a healthy population age and size distribution, the fishing mortality rate which generates maximum sustainable yield should be regarded as a minimum standard for limit reference points, in accordance with the 1995 UN Fish Stocks Agreement ;
Amendment 217 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 13
Part 1 – article 5 – paragraph 1 – indent 13
– ‘safeguard’ means a precautionary measure designed to protect or prevent something undesirable occurringthe exploitation of marine biological resources from exceeding sustainable levels, including conservation reference points, or from negatively impacting the marine ecosystem;
Amendment 218 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 13 a (new)
Part 1 – article 5 – paragraph 1 – indent 13 a (new)
- ‘precautionary measure’ means a measure that encompasses the precautionary principle, as referred to in the first subparagraph of Article 191(2) of the Treaty, including but not limited to: conservation measures, technical measures, and measures related to the sustainable exploitation of stocks; and in accordance with the definition set out in the 1995 UN Fish Stocks Agreement Article 6 means that when scientific information is uncertain, unreliable or inadequate there is a need to be more cautious and the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non- target species and their environment;
Amendment 219 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 14
Part 1 – article 5 – paragraph 1 – indent 14
– ‘technical measures’ means the measures that regulate the species composition, size composition of catches and impacts on components of the ecosystems or ecosystem functioning resulting from fishing activities through conditioning the use and structure of fishing gear and restriction of access to fishing areas;
Amendment 220 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 18 a (new)
Part 1 – article 5 – paragraph 1 – indent 18 a (new)
- ‘fisheries reserve’ means a clearly defined geographical space within a Member States coastal territorial waters in which all fishing activities are prohibited;
Amendment 221 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 19
Part 1 – article 5 – paragraph 1 – indent 19
– ‘fishing capacity’ means the ability of a vessel to catch fish. Indicators that can be used to quantify fishing capacity are vessel characteristics, including a vessel’s tonnage in GT (Gross Tonnage) and its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/8635 , the fishing gear and fishing technique it employs and the number of days spent at fishing;
Amendment 223 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32
Part 1 – article 5 – paragraph 1 – indent 32
– ‘sustainable fisheries agreements’ mean international agreements concluded with another state for the purpose of obtaining access to resources or waters in exchange for financial compensation from the Union.to sustainably exploit a share of the surplus of marine biological resources in exchange for financial compensation from the Union which will support the local fishing sector, with a particular emphasis on scientific data collection, monitoring and control;
Amendment 227 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 c (new)
Part 1 – article 5 – paragraph 1 – indent 32 c (new)
- ‘conservation reference size’ means any dimensions specified for marine biological resources caught through fishing and any dimensions and sizes determined by existing EU legislation including those in Article 15 and Annex III of Regulation EC No 1967/2006;
Amendment 228 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 d (new)
Part 1 – article 5 – paragraph 1 – indent 32 d (new)
- ‘sustainable exploitation’ means the exploitation of a marine biological resource in such a way that the stock will not collapse, a healthy age-size distribution within the stock is maintained, the future exploitation of the stock will not be prejudiced and that it does not have a negative impact on the marine ecosystem;
Amendment 229 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 e (new)
Part 1 – article 5 – paragraph 1 – indent 32 e (new)
– ‘low impact fishing’ means utilising selective fishing techniques, which have a minimal detrimental impact on marine ecosystems and low fuel emissions;
Amendment 230 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 f (new)
Part 1 – article 5 – paragraph 1 – indent 32 f (new)
– ‘selective fishing’ means a fishing method’s or fishing gear’s ability to target and capture organisms by size and species during the fishing operation allowing non-targets to be avoided or released unharmed;
Amendment 231 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 g (new)
Part 1 – article 5 – paragraph 1 – indent 32 g (new)
– ‘vulnerable marine resources’ means (i) marine biological resources breaching minimum conservation reference size, or that have not reached the point of first sexual maturation, or that are spawning, (ii) habitats and species protected in or under measures pursuant to Article 4(2) and Annex I of Directive 2009/147/EC, Annexes I, II and IV of Directive 92/43/EEC and/or Article 13(4) of Directive 2008/56/EC, (iii) any habitat or species wh9ich is protected in a marine protected area;
Amendment 232 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 i (new)
Part 1 – article 5 – paragraph 1 – indent 32 i (new)
– ‘maximum economic yield’ means the level of catch that may be taken from a fish stock that produces the largest positive difference between total revenues and total costs of fishing;
Amendment 232 #
Proposal for a regulation
Recital 2
Recital 2
(2) The scope of the Common Fisheries Policy extends to the conservation, management and exploitation and sustainable management of marine biological resources. In addition, the Common Fisheries Policy's scope extends in relation to market measures and financial measures in support of its objectives, to fresh water biological resources and aquaculture, as well as to the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States, or in Union waters, including by fishing vessels flying the flag of, and registered in, third countries, or by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea.
Amendment 235 #
Proposal for a regulation
Part 2 – article 6 – paragraph 2 a (new)
Part 2 – article 6 – paragraph 2 a (new)
2a. In areas protected by the EU or Member States, including but not limited to areas of conservation pursuant to Directive 92/43/EEC, special protection areas pursuant to Directive 79/409/EC and designated sites under the Regional Seas Conventions, fishing should be prohibited unless it can be shown, by means of prior assessment, that specific fishing activities are not detrimental to the conservation status of the site in question, and only after the Member State or EU institutions under whose jurisdiction the site has been protected has adopted a management plan that stipulates permitted fishing activities;
Amendment 235 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Common Fisheries Policy should ensure that fishing and aquaculture activities secure the existence of productive marine biological resources and healthy marine ecosystems and therefore contribute to long-term sustainable environmental, economic, and social conditionssustainability. It should contribute moreover to increased productivity, a fair standard of living for the fisheries sector, stable markets, ensure the availability of resources and that supplies reach consumers at reasonable prices.
Amendment 240 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – introductory part
Part 3 – article 7 – paragraph 1 – introductory part
Measures for the conservation, management and sustainable exploitation of marine biological resources mayshall include the following:
Amendment 242 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point b
Part 3 – article 7 – paragraph 1 – point b
(b) establishing targets for the sustainable exploitation of stocks, including restoring and maintaining populations of all stocks of harvested species above levels capable of producing maximum sustainable yield, or the relevant proxy, by 2015, and above levels capable of producing maximum economic yield by 2020 and ensuring the gradual introduction of additional standards relating to multispecies and ecosystem fisheries management;
Amendment 243 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point b a (new)
Part 3 – article 7 – paragraph 1 – point b a (new)
(ba) adopting measures to contribute to achieving good environmental status by 2020 at the latest as set out in Directive 2008/56/EC, including in particular that all stocks of harvested species exhibit a population age and size distribution that is indicative of a healthy stock, and descriptors 1, 2, 3, 4, 6, 9, and 10;
Amendment 244 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point b b (new)
Part 3 – article 7 – paragraph 1 – point b b (new)
(bb) adopting measures to contribute to Member States’ implementation of Directive 92/43/EEC and Directive 2009/147/EC;
Amendment 245 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point b c (new)
Part 3 – article 7 – paragraph 1 – point b c (new)
(bc) establishing fisheries reserves according to what is provided for in this Regulation;
Amendment 247 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS)18 and it has ratified the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995 (UN Fish Stocks Agreement) . It has also accepted the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas of 24 November 1993 of the Food and Agriculture Organisation of the United Nations (FAO Compliance Agreement)19. These international instruments predominantly foresee conservation obligations, including among other things obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas, and to cooperate with other States to this end, obligations to apply the precautionary approach widely to conservation, management and exploitation of fish stocks, obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate uses of the seas. In the interests of a harmonised sustainable fisheries policy in all shared seas and to improve cooperation with neighbouring countries and the management of shared stocks, the Union should seek to conclude sustainable fisheries cooperation agreements with third countries, under which the Union can provide financial and technical assistance in exchange for application of the same, or comparable, rules on sustainable management as applied in the Union. The Common Fisheries Policy should contribute to the Union's proper discharge of its international obligations under these international instruments. Where Member States adopt conservation and management measures, for which they have been empowered in the framework of the Common Fisheries Policy, they should also act in a manner which is fully consistent with the international conservation and cooperation obligations under the said international instruments.
Amendment 251 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point d
Part 3 – article 7 – paragraph 1 – point d
(d) establishing incentives, including those of anpreferential access to fishing opportunities and other economic natmeasures, to promote more selective or low impact fishing;
Amendment 251 #
Proposal for a regulation
Recital 5
Recital 5
(5) At the World Summit on Sustainable Development at Johannesburg in 2002, the Union and its Member States committed to act against the continued decline of many fish stocks. Therefore, the Union should improve its Common Fisheries Policy to ensure that as a matter of priority exploitation levels of marine biological resources stocks are restored and maintained atbove levels capable of producing maximum sustainable yields from the populations of harvested stocks by 2015. Where less scientific information is available, this may require applying proxies to maximum sustainable yield.
Amendment 252 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point e a (new)
Part 3 – article 7 – paragraph 1 – point e a (new)
(ea) establishing conservation reference sizes
Amendment 253 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point g
Part 3 – article 7 – paragraph 1 – point g
(g) adopting measures concerning the obligation to land all catches and measures for the avoidance and reduction of bycatch and the elimination of discards as referred to in Article 3 and 15;
Amendment 254 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point g a (new)
Part 3 – article 7 – paragraph 1 – point g a (new)
(ga) imposing duties regarding data collection, including the collection of data on the state of marine biological resources and the marine ecosystem, and the impacts of fishing and aquaculture thereon;
Amendment 255 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point h
Part 3 – article 7 – paragraph 1 – point h
(h) conducting pilot projects on alternative types of fishing management techniques and selective, low-impact fishing gears and fishing techniques.
Amendment 257 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 b (new)
Part 3 – article 7 – paragraph 1 b (new)
If a Member State fails to achieve the outcomes that measures introduced in accordance with this Article are designed to attain, this shall result in the interruption or suspension of financial assistance given to that Member State under the Common Fisheries Policy. This shall be proportionate to the nature, extent, duration and repetition of the non compliance.
Amendment 258 #
Proposal for a regulation
Part 3 – article 7 a (new)
Part 3 – article 7 a (new)
Amendment 259 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – introductory part
Part 3 – article 8 – paragraph 1 – introductory part
Technical measures mayshall include the following:
Amendment 260 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point a
Part 3 – article 8 – paragraph 1 – point a
(a) mesh sizes and rules concerning the use of fishing gearasures to promote more size and species selective gear with a low impact on the benthic zone which may include: (i) mesh sizes and rules concerning the use of fishing gears; (ii) modifications or additional devices to improve selectivity or to reduce impact on the benthic zone; (iii) modifications or additional devices to reduce the incidental capture of endangered, threatened, protected and non target species;
Amendment 262 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point c
Part 3 – article 8 – paragraph 1 – point c
(c) prohibitions of the use of certain fishing gearstypes of vessels or fishing gears permanently or in certain areas or seasons;
Amendment 264 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point d
Part 3 – article 8 – paragraph 1 – point d
(d) prohibition or restriction of fishing activities in certain zones and/or periods, including measures for protecting spawning, nursery and feeding grounds, in order to ensure that fish stock are maintained or restored above levels capable of producing maximum sustainable yield by 2015;
Amendment 269 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point f
Part 3 – article 8 – paragraph 1 – point f
(f) specific measures to reduce the impact of fishing activities on marine eco-systems and non target species, including measures for the reduction of bycatch, the protection of seafloor integrity, protecting the functioning of marine food webs, and reducing the disturbance of interactions between species within the marine ecosystem;
Amendment 270 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point g
Part 3 – article 8 – paragraph 1 – point g
(g) other technical measures aimed at protecting marine biodiversity. and marine ecosystems, particularly vulnerable marine resources;
Amendment 271 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point g a (new)
Part 3 – article 8 – paragraph 1 – point g a (new)
(ga) specific measures to reduce marine pollution and marine litter arising from fishing.
Amendment 272 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 a (new)
Part 3 – article 8 – paragraph 1 a (new)
The Commission shall ensure that the measures mentioned in paragraph 1 are taken in due time. If the measures are unduly delayed or do not sufficiently contribute to the conservation of marine biological resources or marine ecosystems, it shall, by means of delegated acts adopted in accordance with Article 55, adopt such measures.
Amendment 272 #
Proposal for a regulation
Recital 7
Recital 7
(7) Sustainable exploitation of marine biological resources should be based on the precautionary approach, which is to be derived from the precautionary principle referred to in the first subparagraph of Article 191(2) of the Treaty. All segments of the fishing fleet should be subject to that principle.
Amendment 273 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 b (new)
Part 3 – article 8 – paragraph 1 b (new)
If a Member State fails to achieve the outcomes that measures introduced in accordance with this Article are designed to attain, this shall result in the interruption or suspension of financial assistance given to that Member State under the Common Fisheries Policy. This shall be proportionate to the nature, extent, duration and repetition of the non compliance.
Amendment 274 #
Proposal for a regulation
Part 3 – article 9 – paragraph -1 (new)
Part 3 – article 9 – paragraph -1 (new)
-1. The European Parliament and the Council, acting under the ordinary legislative procedure, shall adopt as a priority, no later than 2015, multiannual plans for all harvested species in order to maintain or restore all stocks of harvested species above levels capable of producing maximum sustainable yield, above levels capable or producing maximum economic yield by 2020 and to achieve a good environmental status by 2020.
Amendment 275 #
Proposal for a regulation
Part 3 – article 9 – paragraph -1 a (new)
Part 3 – article 9 – paragraph -1 a (new)
Amendment 276 #
Proposal for a regulation
Part 3 – article 9 – paragraph 1
Part 3 – article 9 – paragraph 1
Amendment 281 #
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point a
Part 3 – article 9 – paragraph 2 – point a
(a) the basis for fixing fishing opportunities for the fish stocks concernedall stocks of harvested species on the basis of predefined conservation reference points and without ever exceeding the level specified by the scientific advice and shall be consistent with maintaining or restoring fish stock populations above levels which can produce the maximum sustainable yield by 2015, above levels capable or producing maximum economic yield by 2020 and with achieving and maintaining a good environmental status in the Community’s marine environment by 2020; and
Amendment 282 #
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point b a (new)
Part 3 – article 9 – paragraph 2 – point b a (new)
(ba) measures ensuring adequate data collection to enable accurate scientific stock assessments of harvested species.
Amendment 286 #
Proposal for a regulation
Part 3 – article 9 – paragraph 3
Part 3 – article 9 – paragraph 3
3. Multiannual plans shall, where possible, cover either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks, in which case management shall be guided by the scientific advice relating to the most vulnerable stock, taking due account of interactions between stocks and fisheries.
Amendment 290 #
Proposal for a regulation
Part 3 – article 9 – paragraph 4
Part 3 – article 9 – paragraph 4
4. Multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner, so that where scientific data is uncertain fisheries management will act more cautiously and absence of adequate scientific data shall not be used as justification for a lack of action.
Amendment 292 #
Proposal for a regulation
Part 3 – article 9 – paragraph 4 a (new)
Part 3 – article 9 – paragraph 4 a (new)
4a. In relation to all harvested species not yet covered by a multiannual plan, measures shall be taken to ensure the achievement of the objectives and principles as stipulated in Articles 9 and 10 of this Regulation.
Amendment 294 #
Proposal for a regulation
Part 3 – article 9 – paragraph 4 b (new)
Part 3 – article 9 – paragraph 4 b (new)
4b. If a Member State fails to achieve the outcomes that measures in accordance with Articles 9, 10 and 11 are designed to attain, this shall result in the interruption or suspension of Union financial assistance to these Member States under the Common Fisheries Policy.
Amendment 297 #
Proposal for a regulation
Part 3 – article 10 – paragraph 1
Part 3 – article 10 – paragraph 1
1. Multiannual plans shall provide for adaptations of the fishing mortality rate, resulting in a fishing mortality rate that restores and maintains all stocks above levels capable of producing maximum sustainable yield by 2015 and above levels capable or producing maximum economic yield by 2020, whilst contributing to the achievement, by 2020, of good environmental status for marine waters as required by Directive 2008/56/EC.
Amendment 302 #
Proposal for a regulation
Part 3 – article 10 – paragraph 2
Part 3 – article 10 – paragraph 2
2. In cases where uncertainty impedes the determination of a fishing mortality rate that restores and maintains stocks above levels capable of producing maximum sustainable yield is not possible, multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks. Proxy standards shall be adopted in accordance with Commission Decision 2010/477/EU on criteria and methodological standards on good environmental status of marine waters for the Marine Strategy Framework Directive (Directive 2008/56/EC) and fishing mortality shall be further reduced on a precautionary basis. Member States and the Commission shall evaluate and address research and knowledge barriers to ensure that additional information will become available as soon as possible.
Amendment 304 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point c – introductory part
Part 3 – article 11 – paragraph 1 – point c – introductory part
(c) quantifiable targets for the achievement of the sustainable exploitation of fish stocks including restoring and maintaining all stocks of harvested species above levels capable of producing maximum sustainable yield by 2015, or as soon as biologically possible and above levels capable of producing maximum economic yield by 2020, expressed in terms of:
Amendment 306 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point c – point ii a (new)
Part 3 – article 11 – paragraph 1 – point c – point ii a (new)
(ii a) catch patterns
Amendment 312 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point e a (new)
Part 3 – article 11 – paragraph 1 – point e a (new)
(ea) measures to protect the species listed in Annexes II and IV of Directive 92/43/EEC from the impacts of fishing activities;
Amendment 313 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point g a (new)
Part 3 – article 11 – paragraph 1 – point g a (new)
(ga) targets relating to other living aquatic resources and the maintenance or improvement of the conservation status of marine eco-systems;
Amendment 314 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point i
Part 3 – article 11 – paragraph 1 – point i
(i) safeguards and, criteria activating those safeguards; and annual reporting on their activation, providing details on what precautionary measures were taken and an assessment of their effectiveness;
Amendment 320 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point j a (new)
Part 3 – article 11 – paragraph 1 – point j a (new)
(ja) an assessment of both capacity and of the environmental impact for the fishery in question. This assessment should be the basis for adopting more selective fishing gear and fishing techniques with a lower impact on the marine ecosystem.
Amendment 321 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point j b (new)
Part 3 – article 11 – paragraph 1 – point j b (new)
(jb) effective measures to monitor and control bycatch of non- target or unwanted species.
Amendment 322 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point j c (new)
Part 3 – article 11 – paragraph 1 – point j c (new)
(jc) non-compliance penalty procedures that are proportionate, dissuasive and effective.
Amendment 324 #
Proposal for a regulation
Part 3 – article 12 – title
Part 3 – article 12 – title
Compliance with obligations under Union environmental legislationprotection requirements and International Agreements
Amendment 324 #
Proposal for a regulation
Recital 16
Recital 16
(16) The objective of sustainable exploitation of marine biological resources is more effectively achieved through a multi-annual approach to fisheries management. To that end, the Member States should work in close cooperation with the public authorities and Regional Advisory Councils to create the conditions for sustainability, including at a local level, via participatory action at regional level that is more cohesive as regards the decision-making procedures that lead into the drawing-up of multi-annual plans, establishing as a priority multi-annual plans reflecting the specificities of different fisheries.
Amendment 327 #
Proposal for a regulation
Part 3 – article 12 – paragraph 1
Part 3 – article 12 – paragraph 1
1. In special areas of conservation within the meaning ofThe CFP and all subsequent measures adopted by Member States shall be in full compliance with Directive 92/43/EEC, Directive 2009/147/EC and Directive 2008/56/EC. In the areas mentioned in Article 6 of Directive 92/43/EEC, of Article 4 of Directive 2009/147/EC and of Article 13(4) of Directive 2008/56/EC, fishing activities shall be conducted by Member StatesMember States shall ensure that fishing is conducted in such a way so as to alleviate the impact from fishing activities in such special areas of conservationvoid any significant effect on such areas, subject to the provisions regarding appropriate assessment in Article 6(3) of Directive 92/43/EC.
Amendment 331 #
Proposal for a regulation
Part 3 – article 12 – paragraph 1 a (new)
Part 3 – article 12 – paragraph 1 a (new)
1a. In compliance with the obligation under the Marine Strategy Framework Directive, Directive 2008/56/EC, Article 1, Member States shall take the necessary measures and conduct fishing activities un such a way so as to achieve or maintain good environmental status in the Community's marine environment by the year 2020 at the latest.
Amendment 332 #
Proposal for a regulation
Part 3 – article 12 – paragraph 1 b (new)
Part 3 – article 12 – paragraph 1 b (new)
1b. All actions taken by the EU and by Member States under the CFP shall be in full compliance with the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, of 25 June 1998, Resolution 61/105 of the General Assembly of the United Nations, and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982.
Amendment 332 #
Proposal for a regulation
Recital 18
Recital 18
(18) Measures are needed to reduce and eliminate the current high levels of unwanted catches and discards. Indeed, unwanted catches and discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems as well as the financial viability of fisheries. An obligation to land all catches of managed stocks caught during fishing activities in Union waters or by Union fishing vessels should be established and gradually implemented. Measures shall be taken to ensure that landed unwanted catches are utilised and not further discarded.
Amendment 334 #
Proposal for a regulation
Part 3 – article 12 – paragraph 2
Part 3 – article 12 – paragraph 2
2. TSubject to any right of a Member State to ensure the application of Directive 1992/43/EEC, Directive 2009/147/EC and Directive 2008/56/EC, the Commission shall be empowered to adopt delegated acts in accordance with Article 55, to specify fishing related measures to alleviate the impact of fishing activities in special areas of conservationprevent or alleviate any significant impact of fishing on the areas referred to in Paragraph 1 of this Article.
Amendment 335 #
Proposal for a regulation
Recital 18
Recital 18
(18) Measures are needed to reduce and gradually eliminate the current high levels of unwanted catches and discards. Indeed, unwanted catches and discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems as well as the financial viability of fisheries. An obligation to land all catches of managed stocks caught during fishing activities in Union waters or by Union fishing vessels should be established and gradually implemented.
Amendment 337 #
Proposal for a regulation
Part 3 – article 13 – paragraph 1
Part 3 – article 13 – paragraph 1
1. On the basis of evidence of a serious threat to the conservation of marine biological resources, or to the marine eco- system and requiring immediate action, the Commission, upon a reasoned request of a Member State or on its own initiative, mayshall decide on temporary measures to alleviate the threat.
Amendment 341 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – introductory part
Part 3 – article 14 – paragraph 1 – introductory part
Technical measures frameworks to ensure the protection of marine biological resources and the reduction of the impact of fishing activities on fish stocks and on marine eco-systems shall be established, in EU waters and for EU vessels operating outside EU waters, that fish stock populations are maintained or restored above levels which can produce the maximum sustainable yield by 2015, above levels capable or producing maximum economic yield by 2020 and that a good environmental status is achieved and maintained in the Community's marine environment by 2020. Technical measures frameworks shall:
Amendment 343 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point a
Part 3 – article 14 – paragraph 1 – point a
(a) contribute to maintaining or restoring fish stocks above levels capable of producing maximum sustainable yield, maximum economic yield and exhibiting a healthy age and size distribution, through improvements in size-selection and where appropriate species selection and through provisions preventing conservation reference points being transgressed;
Amendment 347 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point c
Part 3 – article 14 – paragraph 1 – point c
(c) reduce catches of non-target, vulnerable and protected species and of other unwanted marine organisms;
Amendment 348 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point c a (new)
Part 3 – article 14 – paragraph 1 – point c a (new)
(ca) designate a coherent network of fisheries reserves that contributes to maintaining or restoring fish stock populations above levels which can produce the maximum sustainable yield by 2015, above levels capable or producing maximum economic yield by 2020 and that a good environmental status is achieved and maintained in the Community's marine environment by 2020;
Amendment 350 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point d
Part 3 – article 14 – paragraph 1 – point d
(d) mitigate the impact of all fishing gear on the ecosystem and the environment, with particular regard to the protection of biologically sensitive stocks and habitats and to contribute to achieving good environmental status of the marine environment as provided by Directive 2008/56/EC.
Amendment 352 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 a (new)
Part 3 – article 14 – paragraph 1 a (new)
If a Member State fails to achieve the outcomes that measures in accordance with this Article are designed to attain, this shall result in the interruption or suspension of Union financial assistance to these Member States under the Common Fisheries Policy.
Amendment 354 #
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – introductory part
Part 3 – article 15 – paragraph 1 – introductory part
1. All catches of the following fish stocks subject to catch limitharvested species caught during fishing activities in Union waters or by Union fishing vessels outside Union waters shall be brought and retained on board the fishing vessels and recorded and landed, except when used as live bait, and shall be deducted from a fishing vessel's allocated individual fishing opportunities and a Member States' fishing opportunities, except when used as live bait, or when non-target species with a high survival rate after discarding are released in the sea, in accordance with the following timeframe:
Amendment 359 #
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – point b
Part 3 – article 15 – paragraph 1 – point b
(b) At the latest from 1 January 2015: cod, hake, sole;, haddock, whiting, megrim, anglerfish, plaice, ling, saithe, pollack, lemon sole, turbot, brill, blue ling, black scabbard, roundnose grenadier, orange roughly, Greenland halibut, tusk, redfish and Mediterranean demersal stocks.
Amendment 362 #
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – point c
Part 3 – article 15 – paragraph 1 – point c
(c) At the latest from 1 January 2016: haddock, whiting, megrim, anglerfish, plaice, ling, saithe, pollack, lemon sole, turbot, brill, blue ling, black scabbard, roundnose grenadier, orange roughly, Greenland halibut, tusk, redfish and Mediterranean demersal stockall other caught species.
Amendment 364 #
Proposal for a regulation
Part 3 – article 15 – paragraph 1 a (new)
Part 3 – article 15 – paragraph 1 a (new)
1a. If a Member State fails to achieve the outcomes that measures in accordance with this Article are designed to attain, this shall result in the interruption or suspension of Union financial assistance to these Member States under the Common Fisheries Policy.
Amendment 367 #
Proposal for a regulation
Part 3 – article 15 – paragraph 2
Part 3 – article 15 – paragraph 2
2. Minimum conservation reference sizes based on the best available scientific advice shall be established for the fish stocks set out in paragraph 1. The sale of catches of such fish stocks below the minimum conservation reference size shall be restricted for reduction to fish meal or pet food only and a price ceiling shall be for these catches.
Amendment 367 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The Common Fisheries Policy should ensure that commonly defined objectives are achieved by all Union fleets and fisheries. In order to achieve the targets under the new legislation it will be necessary, in situations where adaptation is particularly difficult, to provide for transitional adjustment periods, with a view to achieving sustainable fishery.
Amendment 370 #
Proposal for a regulation
Part 3 – article 15 – paragraph 3
Part 3 – article 15 – paragraph 3
3. Marketing standards for catches of fish caught below minimum conservation reference sizes and/or in excess of fixed fishing opportunities shall be established in accordance with Article 27 of [the Regulation on the common organisation of the markets in fishery and aquaculture products].
Amendment 373 #
Proposal for a regulation
Part 3 – article 15 – paragraph 4
Part 3 – article 15 – paragraph 4
4. Member States shall ensure that Union fishing vessels flying their flag are equipped to ensure full documentation of all fishing and processing activities for the purpose of monitoring compliance with the obligation to land all catches. Member States shall publish records of all catches and make this information publicly available.
Amendment 374 #
Proposal for a regulation
Part 3 – article 15 – paragraph 4 a (new)
Part 3 – article 15 – paragraph 4 a (new)
4a. When allocating fishing opportunities in accordance with Article 29 Member States shall provide incentives to fishing vessels to employ selective gear and to reduce unwanted and unauthorized catches.
Amendment 375 #
Proposal for a regulation
Part 3 – article 15 – paragraph 4 b (new)
Part 3 – article 15 – paragraph 4 b (new)
4b. The Commission shall conduct pilot projects aimed at the improvement of gear selectivity on a regional fishery, by the end of 2014. The results that emerge shall be included in the long-term management plan of each fishery in the form of the compulsory use of the most selective gear available.
Amendment 376 #
Proposal for a regulation
Part 3 – article 15 – paragraph 4 c (new)
Part 3 – article 15 – paragraph 4 c (new)
4c. The Commission shall provide financial support for the employment of selective gear in order to reduce unwanted and unauthorized catches.
Amendment 380 #
Proposal for a regulation
Part 3 – article 16 – paragraph 2
Part 3 – article 16 – paragraph 2
2. By-catch fishing opportunitAll bycatch of stocks of harvested species mayust be reserved underdeducted from the total fishing opportunities.
Amendment 381 #
Proposal for a regulation
Part 3 – article 16 – paragraph 2 a (new)
Part 3 – article 16 – paragraph 2 a (new)
Amendment 386 #
Proposal for a regulation
Part 3 – article 17 – paragraph 1
Part 3 – article 17 – paragraph 1
1. In a multiannual plan established pursuant to Articles 9, 10 and 11, involved Member States may be authorised to adopt measures, in accordance with that mshall adopt conservation measures, to maintain or restore fish stock populatiannual plan, which specify the conservation measures applicable to vessels flying their flag in relation to stocks in Union waters for which they have been allocated fishing opportunitiesons above levels which can produce the maximum sustainable yield by 2015, above levels capable of producing maximum economic yield by 2020, and to achieve and maintain a good environmental status in the Community's marine environment by 2020, applicable to vessels flying their flag.
Amendment 394 #
Proposal for a regulation
Part 3 – article 17 – paragraph 2 a (new)
Part 3 – article 17 – paragraph 2 a (new)
Amendment 395 #
Proposal for a regulation
Part 3 – article 20 – paragraph 2 – point b
Part 3 – article 20 – paragraph 2 – point b
(b) Member State measures are deemed not to meet the objectives, to maintain or restore fish stock populations above levels which can produce the maximum sustainable yield by 2015, above levels capable of producing maximum economic yield by 2020 and to achieve and maintain a good environmental status by 2020 and quantifiable targets set out in multiannual plans effectively, on the basis of an assessment carried out pursuant to Article 19, or
Amendment 397 #
Proposal for a regulation
Part 3 – article 21 – paragraph 1 – introductory part
Part 3 – article 21 – paragraph 1 – introductory part
In a technical measures framework established pursuant to Article 14 Member States may be authorised toshall adopt measures, in accordance with that framework, which specify the technical measures applicable to vessels flying their flag in relation to stocks in their waters for which they have been allocated fishing opportunities. Member States shall ensure that such technical measures:
Amendment 399 #
Proposal for a regulation
Part 3 – article 21 – paragraph 1 a (new)
Part 3 – article 21 – paragraph 1 a (new)
If a Member State fails to achieve the outcomes that measures introduced in accordance with this Article are designed to attain, this shall result in the interruption or suspension of Union financial assistance to these Member States under the Common Fisheries Policy.
Amendment 400 #
Proposal for a regulation
Part 3 – article 23 – paragraph 1
Part 3 – article 23 – paragraph 1
1. The Commission may at any timeshall assess the compatibility and effectiveness of technical measures adopted by Member States pursuant to Article 21 every three years and the results shall be publicly available.
Amendment 401 #
Proposal for a regulation
Part 3 – article 24 – paragraph 1
Part 3 – article 24 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify the technical measures covered by a technical measures framework, if the Member States authorisempowered to take measures in accordance with Article 21 do not notify such measures to the Commission within three months after the date of entry into force of the technical measures framework.
Amendment 402 #
Proposal for a regulation
Part 3 – article 25 – paragraph 1 a (new)
Part 3 – article 25 – paragraph 1 a (new)
Member States shall make the information related to the measures adopted in accordance with this Article publicly available.
Amendment 403 #
Proposal for a regulation
Part 3 – article 26 – paragraph 1
Part 3 – article 26 – paragraph 1
1. A Member State may take non- discriminatory measures for the conservation and management of fish stocks and to minimise the effect of fishingeet targets relating to other living aquatic resources and the maintenance or improvement onf the conservation status of marine eco-systems within 12 nautical miles of its baselines provided that the Union has not adopted measures addressing conservation and management specifically for that area. The Member State measures shall be compatible with the objectives set out in Articles 2 and 3 and no less stringent than those in existing Union legislation.
Amendment 404 #
Proposal for a regulation
Part 3 – article 26 – paragraph 2 a (new)
Part 3 – article 26 – paragraph 2 a (new)
2a. Member States shall make the information related to the measures adopted in accordance with this Article publicly available.
Amendment 413 #
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – introductory part
Part 4 – article 27 – paragraph 1 – introductory part
1. Each Member State shallmay choose to establish a system of transferable fishing concessions no later than 31 December 2013 forfor any section of its fishing fleet.
Amendment 418 #
Proposal for a regulation
Part 4 – article 27 – paragraph 2
Part 4 – article 27 – paragraph 2
2. Member States may extend the system of transferable fishing concessions to fishing vessels of less than 12 meters length overall and deploying other types of gear than towed gear and shall inform the Commission thereofshall inform the Commission of any decision to establish a system of transferable fishing concessions or rights based management and shall make all relevant information publicly available.
Amendment 422 #
Proposal for a regulation
Part 4 – article 28 – paragraph 1
Part 4 – article 28 – paragraph 1
1. A transferable fishing concession shall establish an entitlement to use the individual, community or group fishing opportunities for which a Member State has chosen to establish a system of transferable fishing concessions allocated in accordance with Article 29(1).
Amendment 425 #
Proposal for a regulation
Part 4 – article 28 – paragraph 2
Part 4 – article 28 – paragraph 2
2. Each Member State that chooses to establish a system of transferable fishing concessions shall allocate transferable fishing concessions on the basis of transparent criteria, for each stock or group of stocks for which fishing opportunities are allocated in accordance with Article 16, excluding fishing opportunities obtained under sustainable fisheries agreements. The transparent criteria will be set by the Council and the Parliament, will be made publicly available and will include but not be limited to: (a) the employment of more selective fishing methods, gears and practices with low by-catch and low impact on the marine ecosystem; (b) have a good record of compliance with the rules of the Common Fisheries Policy and with respecting catch and/or fishing effort limits designated by scientific advice (c) ensure increased, good quality employment, provided that this does not have negative environmental impacts; (d) the use of vessels and fishing methods that have low fuel emissions and are energy efficient; and (e) the use of video surveillance or an equivalent electronic monitoring equipment, (f) working conditions that comply with relevant international standards, notably the 2007 ILO Work in Fishing Convention. (f) the reported production during the period of at least the three previous years.
Amendment 429 #
Proposal for a regulation
Part 4 – article 28 – paragraph 4
Part 4 – article 28 – paragraph 4
4. Transferable fishing concessions may only be allocated by a Member State to an owner of a fishing vessel flying the flag of that Member State, or to legal or natural persons for the purpose of being used on such a vessel or in the case of the Mediterranean to a measurement of fishing effort that has to be defined. Transferable fishing concessions may be pooled together for collective management by legal or natural persons or recognized producer organisations. Member States mayshall limit eligibility for receiving transferable fishing concessions on the basis of transparent and objective criteria.
Amendment 435 #
Proposal for a regulation
Part 4 – article 28 – paragraph 5
Part 4 – article 28 – paragraph 5
5. Member States mayshall limit the period of validity of transferable fishing concessions to a period of at least 1maximum up to 5 years, for the purpose of reallocating such concessions. Where Member States have not limited the period of validity of the transferable fishing concessions, they may recall such concessions with a notice of at least 1maximum up to 5 years.
Amendment 438 #
Proposal for a regulation
Part 4 – article 28 – paragraph 6
Part 4 – article 28 – paragraph 6
6. Member States mayshall recall transferable fishing concessions with a shorter notice in the event of an established serious infringement committed by the holder of the concessions. Such recalls shall be operated in a manner which gives full effect to the Common Fisheries Policy, the proportionality principle and, whenever necessary, with immediate effect.
Amendment 442 #
Proposal for a regulation
Part 4 – article 29 – paragraph 1
Part 4 – article 29 – paragraph 1
1. Member States shallIrrespective of whether a Member State has chosen to introduce transferable fishing concessions, Member States shall, in accordance with Article 33 and in accordance with the transparent criteria listed under Article 28(2) allocate individual fishing opportunities to holders of transferable fishing concessions, as referred to in Article 28, on the basis of fishing opportunities allocated to the Member States, or established in management plans adopted by Member States in accordance with Article 19 of Regulation (EC) No 1967/2006.
Amendment 443 #
Proposal for a regulation
Part 4 – article 29 – paragraph 2
Part 4 – article 29 – paragraph 2
2. Member States shall determine fishing opportunities that, based on the best available scientific advice, can and on the precautionary approach shall be allocated to fishing vessels flying their flag for species for which the Council has not fixed fishing opportunities.
Amendment 447 #
Proposal for a regulation
Part 4 – article 29 – paragraph 4
Part 4 – article 29 – paragraph 4
4. Member States may reserve up to 5% of fishing opportunities. They shall establish objectives and transparent criteria for the allocation of such reservedall fishing opportunities. Those fishing opportunities may only be allocated to eligible holders of transferable fishing concessions as set out in Article 28(4), in line with Article 28(2) that shall be publicly available.
Amendment 449 #
Proposal for a regulation
Part 4 – article 29 – paragraph 5
Part 4 – article 29 – paragraph 5
5. When allocating transferable fishing concessions in accordance with Article 28(2) and when allocating fishing opportunities in accordance with paragraph 1 of this Article, a Member State mayshall provide incentives to fishing vessels deploying low impact and selective fishing gear that eliminates unwanted by-catch within the fishing opportunities assigned to that Member State.
Amendment 451 #
Proposal for a regulation
Part 4 – article 29 – paragraph 6
Part 4 – article 29 – paragraph 6
6. Member States mayshall set fees for the use of individual fishing opportunities to contribute to fisheries management-related costs.
Amendment 452 #
Proposal for a regulation
Part 4 – article 30 – paragraph 1
Part 4 – article 30 – paragraph 1
Member States shall establish and maintain a register of transferable fishing concessions and individual fishing opportunities and make this register publicly accessible.
Amendment 457 #
Proposal for a regulation
Part 4 – article 33 – paragraph 1
Part 4 – article 33 – paragraph 1
1. Each Member State shall decide how fishing opportunities assigned to it in accordance with Article 16, and which are not subject to a system of transferable fishing concessions, may be allocated to vessels flying its flag, on the basis of transparent and objective criteria, in line with the criteria set out in Article 28(2), which shall be publicly available. It shall inform the Commission of the allocation method.
Amendment 458 #
Proposal for a regulation
Part 4 – article 33 – paragraph 1 a (new)
Part 4 – article 33 – paragraph 1 a (new)
Amendment 459 #
Proposal for a regulation
Part 4 – article 33 – paragraph 1 b (new)
Part 4 – article 33 – paragraph 1 b (new)
1b. As soon as all the fishing opportunities allocated for a specific fish stock have been exhausted, at a national and/or EU level, any fishing activities that include catches, whether intentional or not, of this stock must cease.
Amendment 469 #
Proposal for a regulation
Part 6 – article 37 – paragraph 1 – point a
Part 6 – article 37 – paragraph 1 – point a
(a) the state of exploited marine biological resources in order to maintain or restore fish stock populations above levels which can produce the maximum sustainable yield by 2015, above levels capable of producing maximum economic yield by 2020 and to achieve and maintain a good environmental status by 2020,
Amendment 472 #
Proposal for a regulation
Part 6 – article 37 – paragraph 5
Part 6 – article 37 – paragraph 5
5. The collection, management and use of data shall be done in the framework of aRegulation 2008/199/EC, which shall be reviewed and/or amended, or, if necessary replaced, with a framework of at least equivalent standard and implementing the provisions of this Article. A new multi- annual programme as of 2014. Such a multi-annual programme shall include targets for the precision of the data to be collected, and aggregation levels for the collection, management and use of such datashall govern the collection, management and use of data as of 2014, which shall be subject to the provisions of this Article and/or of Regulation 2008/199/EC as amended, reviewed or replaced. Such a multi-annual programme shall include targets for the precision of the data to be collected, and aggregation levels for the collection, management and use of such data. Regulation 2008/199/EC shall continue to apply to the national programmes adopted for the collection and management of data until such time as the entry into force of new measures to establish a Union framework for the collection, management and use of data in the fisheries sector.
Amendment 474 #
Proposal for a regulation
Part 7 – article 39 – paragraph 1
Part 7 – article 39 – paragraph 1
1. The Union shall participate in the activities of international organisations dealing with fisheries, including regional fisheries management organisations (RFMOs) in line with international obligations and policy objectives and consistent with the EU's principles, objectives and existing legislations in the field of fisheries, environment and development, including the objectives set out in Articles 2 and 3.
Amendment 496 #
Proposal for a regulation
Part 8 – article 43 – title
Part 8 – article 43 – title
Amendment 499 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – introductory part
Part 8 – article 43 – paragraph 1 – introductory part
1. With a view to promoting sustainability and contributing to food security, growth and employment, non- binding Union strategic guidelines on common priorities and targets for the sustainable management and development of aquaculture activities shall be established by the Commission by 2013. Such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the Union, shall form the basis for multiannual national strategic plans for Member States that already have or plan to develop aquaculture or ranching activities by 2014. These Plans shall be consistent with articles 2 and 3 and shall aim at:
Amendment 500 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point a
Part 8 – article 43 – paragraph 1 – point a
(a) improving the competitiveness of the organic and closed-system aquaculture industry and supporting its development and innovation;
Amendment 503 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point d
Part 8 – article 43 – paragraph 1 – point d
(d) a level-playing field for aquaculture operators in relation to access to waters and space, in line with the EU Policy on Coastal Zone Management and Maritime Spatial Planning.
Amendment 505 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point d a (new)
Part 8 – article 43 – paragraph 1 – point d a (new)
(da) assessing the environmental impacts of aquaculture and ranching activities.
Amendment 508 #
Proposal for a regulation
Part 8 – article 43 – paragraph 2
Part 8 – article 43 – paragraph 2
2. Member States shall establish a multiannual national strategic plan for the sustainable management and development of aquaculture or ranching activities on their territory by 2014.
Amendment 510 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point a
Part 8 – article 43 – paragraph 4 – point a
(a) administrative simplification, in particular regarding licenses, with a focus on organic aquaculture;
Amendment 511 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point b
Part 8 – article 43 – paragraph 4 – point b
(b) certainty for aquaculture operators in relation to access to waters and space;, in line with the EU Policy on Coastal Zone Management and Maritime Spatial Planning.
Amendment 513 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point c a (new)
Part 8 – article 43 – paragraph 4 – point c a (new)
(ca) measures to ensure that aquaculture activities are in full compliance with existing EU environmental legislation;
Amendment 516 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point d
Part 8 – article 43 – paragraph 4 – point d
(d) assessment of other possible cross- bordering effectseffects of aquaculture activities on marine biological resources and marine ecosystems in that Member State or on neighbouring Member States.
Amendment 518 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point d a (new)
Part 8 – article 43 – paragraph 4 – point d a (new)
(da) guarantee food safety, animal health and animal welfare.
Amendment 520 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point d b (new)
Part 8 – article 43 – paragraph 4 – point d b (new)
(db) guarantee the use of sustainable feeds.
Amendment 523 #
Proposal for a regulation
Part 9 – article 45 – paragraph 1 – point e a (new)
Part 9 – article 45 – paragraph 1 – point e a (new)
(ea) ensure the traceability of all fishery and aquaculture products throughout the supply chain, shall provide verifiable and accurate information regarding the origin of the product and its mode of production and shall label the product accordingly, with an emphasis on reliable eco- labelling;
Amendment 526 #
Proposal for a regulation
Part 10 – article 48 – paragraph 1
Part 10 – article 48 – paragraph 1
Member States mayshall require holders of a fishing licence for fishing vessels of 12 meters length overall or more flying their flag to contribute proportionally to the costs of implementing the Union fisheries control system.
Amendment 534 #
Proposal for a regulation
Part 11 – article 51 – paragraph 3
Part 11 – article 51 – paragraph 3
3. Member States shall ensure that Union financial assistance is granted only if no sanctions for serious infringements have been imposed to the concerned operator within a period of 1at least 5 years prior to the date of application for Union financial assistance.
Amendment 536 #
Proposal for a regulation
Part 12 – article 52 – paragraph 1
Part 12 – article 52 – paragraph 1
1. Advisory Councils are established for each of the areas of competence set out in Annex III, to promote a balanced representation of all stakeholders, including representatives from the fishing sector, the processing industry, scientists, local authorities, NGOs, control agencies and civil society representatives and to contribute to the achievement of the objectives set out in Articles 2 and 3.
Amendment 537 #
Proposal for a regulation
Part 12 – article 54 – paragraph 1
Part 12 – article 54 – paragraph 1
1. Advisory Councils shall broaden their participation base and be composed of organizations representing the fisheries operators and other interest groups affected by the Common Fisheries Policy, including scientists, NGOs, control agencies and local authorities.
Amendment 541 #
Proposal for a regulation
Part 14 – article 58 – paragraph 1
Part 14 – article 58 – paragraph 1
Notwithstanding Article 57(4), Regulation (EC) No 199/2008 shall continue to apply to the national programmes adopted for the collection and management of data for the years 2011 - 2013until such time as the entry into force of new measures to establish a Union framework for the collection, management and use of data in the fisheries sector.
Amendment 546 #
Proposal for a regulation
Recital 53
Recital 53
(53) Dialogue with stakeholders has proven essential for the achievement of the objectives of the Common Fisheries Policy. Taking into account the diverse conditions throughout Union waters and increased regionalisation of the Common Fisheries Policy, Advisory Councils should enable the Common Fisheries Policy to benefit from the knowledge and experience of all stakeholders, particularly in the drafting of the multiannual plans.
Amendment 576 #
Proposal for a regulation
Part 1 – article 1 – paragraph 1 – point a
Part 1 – article 1 – paragraph 1 – point a
(a) conservation, management and sustainable exploitation of marine biological resources; and
Amendment 582 #
Proposal for a regulation
Part 1 – article 1 – paragraph 1 – point b
Part 1 – article 1 – paragraph 1 – point b
(b) fresh water biological resources, sustainable aquaculture, and the processing and marketing of fisheries and aquaculture products, in relation to measures on markets and financial measures in support of the Common Fisheries Policy.
Amendment 603 #
Proposal for a regulation
Part 1 – article 2 – paragraph 1
Part 1 – article 2 – paragraph 1
1. The Common Fisheries Policy shall ensure that fishing and aquaculture activities providsecure long-term sustainable environmental,environmental sustainability, which is a prerequisite for economic and social conditions and contribute to the availability of food supplies.
Amendment 621 #
Proposal for a regulation
Part 1 – article 2 – paragraph 2
Part 1 – article 2 – paragraph 2
2. The Common Fisheries Policy shall apply the precautionary approach to fisheries and aquaculture management, and shall aim to ensure, by 2015, thatensure that the sustainable exploitation of living marine biological resources restores and maintains populations of all stocks of harvested species above levels which can produce the maximum sustainable yieldcapable of producing maximum sustainable yield, or the relevant proxy, by 2015, and above levels capable of producing maximum sustainable economic yield by 2020.
Amendment 638 #
Proposal for a regulation
Part 1 – article 2 – paragraph 2 a (new)
Part 1 – article 2 – paragraph 2 a (new)
2 a. The Common Fisheries Policy shall contribute to the achievement and maintenance of good environmental status by 2020 at the latest as set out in Directive 2008/56/EC, including in particular that all stocks of harvested species exhibit a population age and size distribution that is indicative of a healthy stock, and descriptors 1, 2, 3, 4, 6, 9, and 10.
Amendment 641 #
Proposal for a regulation
Part 1 – article 2 – paragraph 3
Part 1 – article 2 – paragraph 3
3. The Common Fisheries Policy shall implement the ecosystem-based approach to fisheriesfisheries and aquaculture management to ensure that the impacts of fishingthese activities on the marine ecosystem are limitedminimised and not detrimental to the future functioning, diversity and integrity of those ecosystems.
Amendment 668 #
Proposal for a regulation
Part 1 – article 2 – paragraph 4 a (new)
Part 1 – article 2 – paragraph 4 a (new)
4 a. The Common Fisheries Policy shall contribute to compliance with the Union environmental legislation, as stipulated in Article 11 of the Treaty.
Amendment 677 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point -a (new)
Part 1 – article 3 – paragraph 1 – point -a (new)
(-a) ensure that fishing opportunities are set to levels that will restore and maintain populations of all stocks of harvested species above levels capable of producing maximum sustainable yield, or the relevant proxy, by 2015, and are determined by the best available scientific data and advice;
Amendment 684 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point a
Part 1 – article 3 – paragraph 1 – point a
(a) eliminate unwanted catches of commercial stocks and gradually ensure that all catches of such stocks are landedare recorded and landed, except for non- target species with a proven high survival rate after discarding;
Amendment 705 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point b
Part 1 – article 3 – paragraph 1 – point b
(b) provide conditions for efficient fishing activities within an, environmentally sustainable and low- impact fishing activities in order to contribute to the achievement and maintenance of a good environmental status and therefore restore a sustainable, economically viable and competitive fishing industry;
Amendment 715 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point b a (new)
Part 1 – article 3 – paragraph 1 – point b a (new)
(b a) reduce overcapacity in order to achieve a stable and enduring balance between fishing capacity and the fishing opportunities;
Amendment 718 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point b b (new)
Part 1 – article 3 – paragraph 1 – point b b (new)
(b b) ensure systematic and harmonised data collection of robust and timely biological, technical, environmental and socio-economic data necessary for ecosystem based management of fisheries and aquaculture;
Amendment 722 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point c
Part 1 – article 3 – paragraph 1 – point c
(c) promote the development ofsustainable management and development of environmentally sustainable, ecosystem-based Union aquaculture activities to contribute to food security and employment in coastal and rural areas;
Amendment 735 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point d
Part 1 – article 3 – paragraph 1 – point d
(d) promote an equitable distribution of marine resources in order to contribute to a fair standard of living for thosecoastal communities who depend on fishing activities;
Amendment 753 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point e
Part 1 – article 3 – paragraph 1 – point e
(e) take into account the interests of consumersprotect the interests of consumers, by ensuring that labelling is clear, detailed and accurate and by securing the traceability of fisheries and aquaculture products throughout the food chain;
Amendment 763 #
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point f a (new)
Part 1 – article 3 – paragraph 1 – point f a (new)
(f a) ensure the establishment of fish stock recovery areas
Amendment 783 #
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – introductory part
Part 1 – article 4 – paragraph 1 – introductory part
The Common Fisheries Policy shall be guided bapply the following principles of good governance:
Amendment 811 #
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – point d a (new)
Part 1 – article 4 – paragraph 1 – point d a (new)
(d a) adaptive, real-time management;
Amendment 817 #
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – point f
Part 1 – article 4 – paragraph 1 – point f
(f) consistencey with the integrated maritime policy, and with other Union policies., in particular with existing EU and international environmental and fisheries management policies whilst ensuring Policy Coherence for Development;
Amendment 822 #
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – point f a (new)
Part 1 – article 4 – paragraph 1 – point f a (new)
(f a) public access to environmental information in line with Directive 2003/4/EC .
Amendment 830 #
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – point f b (new)
Part 1 – article 4 – paragraph 1 – point f b (new)
(f b) Member States shall ensure that any natural or legal persons having a sufficient interest in environmental decision making relating to the implementation of the Common Fisheries Policy have an effective right of review. These persons shall have access to a court or other independent and impartial public body competent to review the procedural and substantive legality of the decisions, acts or failure to act of the competent authority.
Amendment 836 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 4
Part 1 – article 5 – paragraph 1 – indent 4
– ‘'fishing vessel’' means any vessel equipped for commercial fishing of marine biological resourceof any size used or intended for use for the purposes of commercial exploitation of fishery resources, including support ships, fishery processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, except container vessels;
Amendment 844 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 6
Part 1 – article 5 – paragraph 1 – indent 6
– ‘'maximum sustainable yield’' means the maximum catchyield that may be taken from a fish stock indefinitely without damaging the reproductive capacity of that stock and causing stock collapse and refers to both FMSY and SSBMSY;
Amendment 854 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 6 a (new)
Part 1 – article 5 – paragraph 1 – indent 6 a (new)
– 'proxy' means that where maximum sustainable yield cannot be determined, the methodologies set out in part B descriptor 3.1 and 3.2 of Commission Decision 2010/477/EU on criteria and methodological standards on good environmental status of marine waters for the Marine Strategy Framework Directive (Directive 2008/56/EC) shall be applied to determine a suitable proxy;
Amendment 856 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 6 b (new)
Part 1 – article 5 – paragraph 1 – indent 6 b (new)
– 'harvested species' means all species of marine biological species subject to fishing pressure and/or exploitation, including the species that are not landed, but caught as bycatch or impacted by a fishery;
Amendment 862 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 7
Part 1 – article 5 – paragraph 1 – indent 7
– ‘'precautionary approach to fisheries management’ means an approach according to which', in accordance with the definition set out in the 1995 UN Fish Stocks Agreement Article 6 means that when scientific information is uncertain, unreliable or inadequate there is a need to be more cautious and the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment;
Amendment 870 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 8
Part 1 – article 5 – paragraph 1 – indent 8
– ‘'ecosystem-based approach to fisheries management’' means an approach ensuring that benefits from living aquaticthat considers all pressures on marine biological resources, ensuring that benefits from marine ecosystems and marine biological resources are high while the direct and indirect impacts of fishing operations on marine ecosystems are low and not detrimental to the future functioning, diversity and integrity of those ecosystems;
Amendment 877 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 8 a (new)
Part 1 – article 5 – paragraph 1 – indent 8 a (new)
– 'sustainable exploitation' means the exploitation of a stock or group of fish stocks in a way that restores and maintains populations of fish stocks above levels capable of producing maximum sustainable yield, displays a healthy population age and size distribution and does not have a negative impact on the marine ecosystems;
Amendment 884 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 11
Part 1 – article 5 – paragraph 1 – indent 11
– ‘catch limit’ means a quantitative limit on landingthe catches of a fish stock or group of fish stocks over a given period;
Amendment 893 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 12
Part 1 – article 5 – paragraph 1 – indent 12
– ‘'conservation reference point’' means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management, for example with respect to an acceptable level of biological risk or a desired level of yield; MSY or the best proxy equivalent, and reflecting a healthy population age and size distribution, the fishing mortality rate which generates maximum sustainable yield should be regarded as a minimum standard for limit reference points, in accordance with the 1995 UN Fish Stocks Agreement;
Amendment 901 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 13
Part 1 – article 5 – paragraph 1 – indent 13
– ‘'safeguard’ ' means a precautionary measure designed to protect or prevent something undesirable occurringthe exploitation of marine biological resources from exceeding sustainable levels, including conservation reference points, or from negatively impacting the marine ecosystem;
Amendment 904 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 13 a (new)
Part 1 – article 5 – paragraph 1 – indent 13 a (new)
- 'precautionary measure' means a measure that encompasses the precautionary principle, as referred to in the first subparagraph of Article 191(2) of the Treaty, including but not limited to: conservation measures, technical measures, and measures related to the sustainable exploitation of stocks; and in accordance with the definition set out in the 1995 UN Fish Stocks Agreement Article 6 means that when scientific information is uncertain, unreliable or inadequate there is a need to be more cautious and the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non- target species and their environment;
Amendment 906 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 14
Part 1 – article 5 – paragraph 1 – indent 14
– ‘'technical measures’' means the measures that regulate the species composition, size composition of catches and impacts on components of the ecosystems or ecosystem functioning resulting from fishing activities through conditioning the use and structure of fishing gear and restriction of access to fishing areas;
Amendment 934 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 18
Part 1 – article 5 – paragraph 1 – indent 18
– ‘'individual fishing opportunities’' means the annual fishing opportunities allocated to holders of transferable fishing concessions in a Member State on the basis of the proportion of fishing opportunities pertaining to that Member Stateallocation by a Member State of any fishing pertaining to that Member State. A Member State may only allocate individual fishing opportunities to an owner of a fishing vessel flying the flag of that Member State, or to legal or natural persons for the purpose of being used on such a vessel;
Amendment 939 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 19
Part 1 – article 5 – paragraph 1 – indent 19
– ‘'fishing capacity’' means the ability of a vessel to catch fish. Indicators that can be used to quantify fishing capacity are vessel characteristics, including a vessel's tonnage in GT (Gross Tonnage) and, its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/8635 ;[1], the fishing gear and fishing technique it employs and the number of days spent at fishing; [1] OJ L 274, 25.9.1986, p. 1.
Amendment 955 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 23
Part 1 – article 5 – paragraph 1 – indent 23
– ‘'fishing’' means the collection or capture of aquatic organisms living in their natural environment, whether intentional or otherwise, or the intentional use of any means allowing such collection or capture;
Amendment 986 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32
Part 1 – article 5 – paragraph 1 – indent 32
– ‘'sustainable fisheries agreements’' mean international agreements concluded with another state for the purpose of obtaining access to resources or waters in exchange for financial compensation from the Union.to sustainably exploit a share of the surplus of marine biological resources in exchange for financial compensation from the Union, which will support the local fishing sector, with a particular emphasis on scientific data collection, monitoring and control;
Amendment 992 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 a (new)
Part 1 – article 5 – paragraph 1 – indent 32 a (new)
– 'harvested species' mean all species of marine biological resources subject to fishing;
Amendment 1000 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 b (new)
Part 1 – article 5 – paragraph 1 – indent 32 b (new)
– 'vulnerable marine resources' means (i) marine biological resources breaching minimum conservation reference size, or that have not reached the point of first sexual maturation, or that are spawning, (ii) habitats and species protected in or under measures pursuant to Article 4(2) and Annex I of Directive 2009/147/EC, Annexes I, II and IV of Directive 92/43/EEC and/or Article 13(4) of Directive 2008/56/EC, (iii) any habitat or species wh9ich is protected in a marine protected area;
Amendment 1003 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 c (new)
Part 1 – article 5 – paragraph 1 – indent 32 c (new)
– 'ecosystem based aquaculture management' means an approach that considers all pressures on living aquatic resources, habitats and ecosystems, ensuring that benefits from aquaculture are high while the direct and indirect impacts of aquaculture on ecosystems, including on biodiversity, habitat and ecosystem integrity, trophic level balance and genetic variability are low;
Amendment 1005 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 d (new)
Part 1 – article 5 – paragraph 1 – indent 32 d (new)
– 'maximum sustainable economic yield' means the level of catch that may be taken from a fish stock indefinately that produces the largest positive difference between total revenues and total costs of fishing;
Amendment 1006 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 e (new)
Part 1 – article 5 – paragraph 1 – indent 32 e (new)
– 'bycatch' means the capture of any non- target organism whether it is retained and landed or discarded;
Amendment 1007 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 f (new)
Part 1 – article 5 – paragraph 1 – indent 32 f (new)
– 'catch' means any marine biological resources that are captured by fishing;
Amendment 1008 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 g (new)
Part 1 – article 5 – paragraph 1 – indent 32 g (new)
– 'unwanted catch' means all bycatch that is unwanted because it has no or little commercial value, it is below minimum landing size or it is a protected species;
Amendment 1009 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 h (new)
Part 1 – article 5 – paragraph 1 – indent 32 h (new)
– 'discard' means the portion of a catch that is dumped or thrown overboard at sea;
Amendment 1010 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 i (new)
Part 1 – article 5 – paragraph 1 – indent 32 i (new)
– 'conservation reference size' means any dimensions specified for marine biological resources caught through fishing and any dimensions and sizes determined by existing EU legislation including those in Article 15 and Annex III of Regulation EC No 1967/2006;
Amendment 1011 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 j (new)
Part 1 – article 5 – paragraph 1 – indent 32 j (new)
– 'sustainable exploitation' means the exploitation of a marine biological resource in such a way that the stock will not collapse, a healthy age-size distribution within the stock is maintained, the future exploitation of the stock will not be prejudiced and that it does not have a negative impact on the marine ecosystem;
Amendment 1012 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 k (new)
Part 1 – article 5 – paragraph 1 – indent 32 k (new)
– 'low impact fishing' means utilising selective fishing techniques, which have a minimal detrimental impact on marine ecosystems and low fuel emissions;
Amendment 1013 #
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 l (new)
Part 1 – article 5 – paragraph 1 – indent 32 l (new)
– 'selective fishing' means a fishing method's or fishing gear's ability to target and capture organisms by size and species during the fishing operation allowing non-targets to be avoided or released unharmed;
Amendment 1020 #
Proposal for a regulation
Part 2 – article 6 – paragraph 2 a (new)
Part 2 – article 6 – paragraph 2 a (new)
2 a. In areas protected by the EU or Member States, including but not limited to special areas of conservation pursuant to Directive 92/43/EEC, special protection areas pursuant to Directive 79/409/EC and designated sites under the Regional Seas Conventions, fishing shall be prohibited unless it can be shown, by means of prior assessment, (which is carried out in accordance Article 6 of Directive 92/43/EC), that specific fishing activities are not detrimental to the conservation status of the site in question, and only after the Member State or EU institutions under whose jurisdiction the site has been protected has adopted a management plan that stipulates permitted fishing activities.
Amendment 1043 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – introductory part
Part 3 – article 7 – paragraph 1 – introductory part
Measures for the conservation, management and sustainable exploitation of marine biological resources mayshall include the following:
Amendment 1053 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point b
Part 3 – article 7 – paragraph 1 – point b
(b) establishing targets for the sustainable exploitation of stocks, including restoring and maintaining populations of all stocks of harvested species above levels capable of producing maximum sustainable yield, or the relevant proxy, by 2015, and above levels capable of producing maximum sustainable economic yield by 2020 and ensuring the gradual introduction of additional standards relating to multispecies and ecosystem fisheries management;
Amendment 1058 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point b a (new)
Part 3 – article 7 – paragraph 1 – point b a (new)
(ba) adopting measures to contribute to achieving good environmental status by 2020 at the latest as set out in Directive 2008/56/EC, including in particular that all stocks of harvested species exhibit a population age and size distribution that is indicative of a healthy stock, and descriptors 1, 2, 3, 4, 6, 9, and 10;
Amendment 1059 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point b b (new)
Part 3 – article 7 – paragraph 1 – point b b (new)
(bb) adopting measures to contribute to Member States' implementation of Directive 92/43/EEC and Directive 2009/147/EC;
Amendment 1060 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point b c (new)
Part 3 – article 7 – paragraph 1 – point b c (new)
(bc) establishing fish stock recovery areas according to what is provided for in this Regulation;
Amendment 1069 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point d
Part 3 – article 7 – paragraph 1 – point d
(d) establishing incentives, including those of anpreferential access to fishing opportunities and other economic natmeasures, to promote more selective or low impact fishing;
Amendment 1084 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point e a (new)
Part 3 – article 7 – paragraph 1 – point e a (new)
(ea) establishing conservation reference sizes;
Amendment 1091 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point g
Part 3 – article 7 – paragraph 1 – point g
(g) adopting measures concerning the obligation to land all catches and measures for the avoidance and reduction of bycatch and the elimination of discards as referred to in Article 3 and 15;
Amendment 1096 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point g a (new)
Part 3 – article 7 – paragraph 1 – point g a (new)
(ga) imposing obligations regarding data collection, including the collection of data on the state of marine biological resources and the marine ecosystem, and the impacts of fishing and aquaculture thereon;
Amendment 1099 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point h
Part 3 – article 7 – paragraph 1 – point h
(h) conducting pilot projects on alternative types of fishing management techniques and selective, low-impact fishing gears and fishing techniques.
Amendment 1104 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 a (new)
Part 3 – article 7 – paragraph 1 a (new)
The Commission shall ensure that the measures mentioned in paragraph 1 are taken in due time. If the measures are unduly delayed or do not sufficiently contribute to the conservation of marine biological resources or marine ecosystems, it shall, by means of delegated acts adopted in accordance with Article 55, adopt such measures.
Amendment 1105 #
Proposal for a regulation
Part 3 – article 7 – paragraph 1 b (new)
Part 3 – article 7 – paragraph 1 b (new)
If a Member State fails to achieve the outcomes that measures introduced in accordance with this Article are designed to attain, this shall result in the interruption or suspension of financial assistance given to that Member State under the Common Fisheries Policy. This shall be proportionate to the nature, extent, duration and repetition of the non compliance.
Amendment 1110 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – introductory part
Part 3 – article 8 – paragraph 1 – introductory part
Technical measures mayshall include the following:
Amendment 1114 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point a
Part 3 – article 8 – paragraph 1 – point a
(a) mesh sizes and rules concerning the use of fishing gears; asures to promote more size and species selective gear with a low impact on the benthic zone which may include: (i) mesh sizes and rules concerning the use of fishing gears; (ii) modifications or additional devices to improve selectivity or to minimise and, where possible eliminate the impact on the benthic zone; (iii) modifications or additional devices to minimise and, where possible, eliminate the incidental capture of endangered, threatened, protected and non target species;
Amendment 1118 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point b – point i
Part 3 – article 8 – paragraph 1 – point b – point i
Amendment 1120 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point b – point ii
Part 3 – article 8 – paragraph 1 – point b – point ii
Amendment 1121 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point b
Part 3 – article 8 – paragraph 1 – point b
Amendment 1125 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point c
Part 3 – article 8 – paragraph 1 – point c
(c) prohibitions of the use of certain fishing gearstypes of vessels or fishing gears permanently or in certain areas or seasons;
Amendment 1133 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point d
Part 3 – article 8 – paragraph 1 – point d
(d) prohibition or restriction of fishing activities in certain zones and/or periods, including measures for protecting spawning, nursery and feeding grounds and other essential fish habitats, in order to ensure that fish stock are maintained or restored above levels capable of producing maximum sustainable yield by 2015;
Amendment 1142 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point e
Part 3 – article 8 – paragraph 1 – point e
(e) requirements for fishing vessels to cease operating in an area for a defined minimum period in order to protect essential fish habitats and a temporary aggregation of a vulnerable marine resource;
Amendment 1147 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point f
Part 3 – article 8 – paragraph 1 – point f
(f) specific measures to reduce the impact of fishing activities on marine eco-systems and non target species, including measures for the reduction of bycatch, the protection of seafloor integrity, protecting the functioning of marine food webs, and reducing the disturbance of interactions between species within the marine ecosystem;
Amendment 1151 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point g
Part 3 – article 8 – paragraph 1 – point g
(g) other technical measures aimed at protecting marine biodiversity. and marine ecosystems, particularly vulnerable marine resources;
Amendment 1153 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point g a (new)
Part 3 – article 8 – paragraph 1 – point g a (new)
(ga) specific measures to reduce marine pollution and marine litter arising from fishing.
Amendment 1155 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 a (new)
Part 3 – article 8 – paragraph 1 a (new)
The Commission shall ensure that the measures mentioned in paragraph 1 are taken in due time. If the measures are unduly delayed or do not sufficiently contribute to the conservation of marine biological resources or marine ecosystems, it shall, by means of delegated acts adopted in accordance with Article 55, adopt such measures.
Amendment 1156 #
Proposal for a regulation
Part 3 – article 8 – paragraph 1 b (new)
Part 3 – article 8 – paragraph 1 b (new)
If a Member State fails to achieve the outcomes that measures introduced in accordance with this Article are designed to attain, this shall result in the interruption or suspension of financial assistance given to that Member State under the Common Fisheries Policy. This shall be proportionate to the nature, extent, duration and repetition of the non compliance.
Amendment 1163 #
Proposal for a regulation
Part 3 – article 9 – paragraph 1
Part 3 – article 9 – paragraph 1
1. Multiannual plans providing for conservation measuresThe European Parliament and the Council, acting under the ordinary legislative procedure, shall adopt as a priority, no later than 2015, multiannual plans for all harvested species in order to maintain or restore fishall stocks of harvested species above levels capable of producing maximum sustainable yield shall be established as a priorityby 2015, above levels capable or producing maximum sustainable economic yield by 2020 and to achieve a good environmental status by 2020.
Amendment 1179 #
Proposal for a regulation
Part 3 – article 9 – paragraph 1 a (new)
Part 3 – article 9 – paragraph 1 a (new)
1a. Where, despite targeted measures to achieve stock recover, the target of maintaining or restoring fish stocks above levels capable of producing maximum sustainable yield by 2015 can not be reached for one or more stocks: (a) owing to data gaps, proxy standards in accordance with Commission Decision 2010/477/EU on criteria and methodological standards on good environmental status of marine waters for the Marine Strategy Framework Directive (Directive 2008/56/EC) may be adopted and fishing mortality shall be further reduced on a precautionary basis. Member States and the Commission shall evaluate and address research and knowledge barriers to ensure that additional information will become available as soon as possible. (b) owing to the severe depletion of the stock, additional management measures shall be introduced in the context of multiannual plans, including but not limited to a further reduction in fishing mortality, closed areas and closed seasons, with a view to restore and maintain population above levels capable of producing the maximum sustainable yield as soon as biologically possible and by 2020 at the latest. (c) owing to the mixed nature of the fishery, the management shall be guided by the scientific advice relating to the most vulnerable target species in terms of their spawning stock biomass, age and size distribution and other relevant descriptors, with the aim of restoring and maintaining the population of the most vulnerable species above levels capable of producing the maximum sustainable yield by 2015.
Amendment 1182 #
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point a
Part 3 – article 9 – paragraph 2 – point a
(a) the basis for fixing fishing opportunities for the fish stocks concernedall stocks of harvested species on the basis of predefined conservation reference points; and which is consistent with maintaining or restoring fish stock populations above levels which can produce the maximum sustainable yield by 2015, above levels capable or producing maximum sustainable economic yield by 2020 and consistent with achieving and maintaining a good environmental status in the Community's marine environment by 2020;
Amendment 1189 #
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point b a (new)
Part 3 – article 9 – paragraph 2 – point b a (new)
(ba) measures ensuring adequate data collection to enable accurate scientific stock assessments and monitoring of harvested species; and
Amendment 1195 #
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point b b (new)
Part 3 – article 9 – paragraph 2 – point b b (new)
(bb) measures ensuring the use of the most selective gear available for each fishery in accordance with pilot projects conducted by Member States, by the end of 2014, aimed at the improvement of gear selectivity on a regional fishery basis.
Amendment 1206 #
Proposal for a regulation
Part 3 – article 9 – paragraph 3
Part 3 – article 9 – paragraph 3
3. Multiannual plans shall, where possible, cover either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks, taking due account of interactions between stocks and fisheries. in which case management shall be guided by the scientific advice relating to the most vulnerable stock, taking due account of interactions between stocks and fisheries and ensuring that a fishery is closed as soon as the fishing opportunities of any of its constituent stocks have been exhausted.
Amendment 1211 #
Proposal for a regulation
Part 3 – article 9 – paragraph 3 a (new)
Part 3 – article 9 – paragraph 3 a (new)
3a. Multiannual programmes to conserve living resources and guarantee long-term environmental sustainability shall consider the possibility of creating a network of restricted areas in which all types of fishing activity are banned for a certain period so as to increase fish stocks and conserve aquatic life and marine ecosystems.
Amendment 1215 #
Proposal for a regulation
Part 3 – article 9 – paragraph 4
Part 3 – article 9 – paragraph 4
4. Multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner. so that where scientific data is uncertain fisheries management will act more cautiously and absence of adequate scientific data shall not be used as justification for a lack of action.
Amendment 1225 #
Proposal for a regulation
Part 3 – article 9 – paragraph 4 a (new)
Part 3 – article 9 – paragraph 4 a (new)
4a. Multiannual plans may allow the choice of different Right Based Management options that provide fisheries specific solutions.
Amendment 1235 #
Proposal for a regulation
Part 3 – article 9 – paragraph 4 b (new)
Part 3 – article 9 – paragraph 4 b (new)
4b. In relation to all harvested species not yet covered by a multiannual plan, measures shall be taken to ensure the achievement of the objectives and principles as stipulated in Articles 9 and 10 of this Regulation.
Amendment 1240 #
Proposal for a regulation
Part 3 – article 9 – paragraph 4 c (new)
Part 3 – article 9 – paragraph 4 c (new)
4c. If a Member State fails to achieve the outcomes that measures in accordance with Articles 9, 10 and 11 are designed to attain, this shall result in the interruption or suspension of Union financial assistance to these Member States under the Common Fisheries Policy.
Amendment 1247 #
Proposal for a regulation
Part 3 – article 10 – paragraph 1
Part 3 – article 10 – paragraph 1
1. Multiannual plans shall provide for adaptations of the fishing mortality rate, resulting in a fishing mortality rate that restores and maintains all stocks above levels capable of producing maximum sustainable yield by 2015 and above levels capable of producing maximum sustainable economic yield by 2020, whilst contributing to the achievement, by 2020, of good environmental status for marine waters as required by Directive 2008/56/EC.
Amendment 1270 #
Proposal for a regulation
Part 3 – article 10 – paragraph 2
Part 3 – article 10 – paragraph 2
2. In cases where uncertainty impedes the determination of a fishing mortality rate that restores and maintains stocks above levels capable of producing maximum sustainable yield is not possible, multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks. Proxy standards shall be adopted in accordance with Commission Decision 2010/477/EU on criteria and methodological standards on good environmental status of marine waters for the Marine Strategy Framework Directive (Directive 2008/56/EC) and fishing mortality shall be further reduced on a precautionary basis. Member States and the Commission shall evaluate and address research and knowledge barriers to ensure that additional information will become available as soon as possible.
Amendment 1281 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point a
Part 3 – article 11 – paragraph 1 – point a
(a) the scope, in terms of geographic area, stocks, fisheryies and the marine ecosystem to which the multiannual plan shall be applied;
Amendment 1284 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point b
Part 3 – article 11 – paragraph 1 – point b
(b) objectives consistent with the objectives set out in Articles 2, 3 and 312;
Amendment 1289 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point c – introductory part
Part 3 – article 11 – paragraph 1 – point c – introductory part
(c) quantifiable targets for the achievement of the sustainable exploitation of fish stocks including restoring and maintaining all stocks of harvested species above levels capable of producing maximum sustainable yield by 2015, or as soon as biologically possible and above levels capable of producing maximum sustainable economic yield by 2020, expressed in terms of:
Amendment 1295 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point c – point ii a (new)
Part 3 – article 11 – paragraph 1 – point c – point ii a (new)
(iia) catch patterns
Amendment 1317 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point e
Part 3 – article 11 – paragraph 1 – point e
(e) conservation and technical measures including measures concerning the avoidance and elimination of unwanted catches and the protection of essential fish habitats;
Amendment 1330 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point e a (new)
Part 3 – article 11 – paragraph 1 – point e a (new)
(ea) measures to protect the species listed in Annexes II and IV of Directive 92/43/EEC from the impacts of fishing activities;
Amendment 1341 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point g a (new)
Part 3 – article 11 – paragraph 1 – point g a (new)
(ga) targets relating to other living aquatic resources and the maintenance or improvement of the conservation status of marine eco-systems;
Amendment 1342 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point g a (new)
Part 3 – article 11 – paragraph 1 – point g a (new)
(ga) the creation of fish restocking areas;
Amendment 1354 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point i
Part 3 – article 11 – paragraph 1 – point i
(i) safeguards and, criteria activating those safeguards and annual reporting on their activation, providing details on what precautionary measures were taken and an assessment of their effectiveness;
Amendment 1357 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point i a (new)
Part 3 – article 11 – paragraph 1 – point i a (new)
(ia) a list of eligible stakeholders involved in the planning and implementation of multiannual plans;
Amendment 1360 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point i b (new)
Part 3 – article 11 – paragraph 1 – point i b (new)
(ib) an assessment of both capacity and of the environmental impact for the fishery in question. This assessment should be the basis for adopting more selective fishing gear and fishing techniques with a lower impact on the marine ecosystem;
Amendment 1361 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point i c (new)
Part 3 – article 11 – paragraph 1 – point i c (new)
(ic) effective measures to monitor and control bycatch of non-target or unwanted species;
Amendment 1362 #
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point i d (new)
Part 3 – article 11 – paragraph 1 – point i d (new)
(id) non-compliance penalty procedures that are proportionate, dissuasive and effective;
Amendment 1380 #
Proposal for a regulation
Part 3 – article 12 – title
Part 3 – article 12 – title
Compliance with obligations under Union environmental legislationprotection requirements and International Agreements
Amendment 1381 #
Proposal for a regulation
Part 3 – article 12 – paragraph 1
Part 3 – article 12 – paragraph 1
1. In special areas of conservation within the meaning ofThe CFP and all subsequent measures adopted by Member States shall be in full compliance with Directive 92/43/EEC, Directive 2009/147/EC and Directive 2008/56/EC. In the areas metioned in Article 6 of Directive 92/43/EEC, of Article 4 of Directive 2009/147/EC and of Article 13(4) of Directive 2008/56/EC, fishing activitiMember States shall be conducted by Member States in such a way so as to alleviate the impact from fishing activities in such special areas of conservationensure that fishing is conducted in such a way as to avoid any significant effect on such areas, subject to the provisions regarding appropriate assessment in Article 6(3) of Directive 92/43/EC.
Amendment 1386 #
Proposal for a regulation
Part 3 – article 12 – paragraph 1 a (new)
Part 3 – article 12 – paragraph 1 a (new)
1a. In compliance with the obligation under the Marine Strategy Framework Directive, Directive 2008/56/EC, Article 1, Member States shall take the necessary measures and conduct fishing activities un such a way so as to achieve or maintain good environmental status in the Community's marine environment by the year 2020 at the latest.
Amendment 1388 #
Proposal for a regulation
Part 3 – article 12 – paragraph 1 b (new)
Part 3 – article 12 – paragraph 1 b (new)
1b. All actions taken by the EU and by Member States under the CFP shall be in full compliance with the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, of 25 June 1998, Resolution 61/105 of the General Assembly of the United Nations, and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982.
Amendment 1395 #
Proposal for a regulation
Part 3 – article 12 – paragraph 2
Part 3 – article 12 – paragraph 2
2. TSubject to any right of a Member State to ensure the application of Directive 1992/43/EEC, Directive 2009/147/EC and Directive 2008/56/EC, the Commission shall be empowered to adopt delegated acts in accordance with Article 55, to specify fishing related measures to alleviate the impact of fishing activities in special areas of conservationprevent or alleviate any significant impact of fishing on the areas referred to in paragraph 1of this Article.
Amendment 1404 #
Proposal for a regulation
Part 3 – article 13 – paragraph 1
Part 3 – article 13 – paragraph 1
1. On the basis of evidence of a serious threat to the conservation of marine biological resources, or to the marine eco- system and requiring immediate action, the Commission, upon a reasoned request of a Member State or on its own initiative, mayshall decide on temporary measures to alleviate the threat.
Amendment 1421 #
Proposal for a regulation
Part 3 – article 13 – paragraph 2 a (new)
Part 3 – article 13 – paragraph 2 a (new)
2a. The emergency measures shall have immediate effect. They shall be notified to the Member States concerned, and published in the Official Journal.
Amendment 1430 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – introductory part
Part 3 – article 14 – paragraph 1 – introductory part
Technical measures frameworks to ensure the protection of marine biological resources and the reduction of the impact of fishing activities on fish stocks and on marine eco-systems shall be established, in EU waters and for EU vessels operating outside EU waters, that fish stock populations are maintained or restored above levels which can produce the maximum sustainable yield by 2015, above levels capable or producing maximum sustainable economic yield by 2020 and that a good environmental status is achieved and maintained in the Community's marine environment by 2020. Technical measures frameworks shall:
Amendment 1440 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point a
Part 3 – article 14 – paragraph 1 – point a
(a) contribute to maintaining or restoring fish stocks above levels capable of producing maximum sustainable yield through improvements in size-selection and where appropriate species selection, maximum sustainable economic yield and exhibiting a healthy age and size distribution, through improvements in size-selection and where appropriate species selection and through provisions preventing conservation reference points being transgressed;
Amendment 1446 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point b
Part 3 – article 14 – paragraph 1 – point b
(b) reduccontribute to ensuring that all fish stocks exhibit a healthy population age and size distribution and reduce and, where possible, eliminate catches of undersized individuals from fish stocks;
Amendment 1451 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point c
Part 3 – article 14 – paragraph 1 – point c
(c) reduce catches ofand, where possible, eliminate catches of non-target, vulnerable and protected species and of other unwanted marine organisms;
Amendment 1456 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point c a (new)
Part 3 – article 14 – paragraph 1 – point c a (new)
(c a) designate a coherent network of fish stock recovery areas that contributes to maintaining or restoring fish stock populations above levels which can produce the maximum sustainable yield by 2015, above levels capable or producing maximum sustainable economic yield by 2020 and that a good environmental status is achieved and maintained in the Community's marine environment by 2020;
Amendment 1458 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point d
Part 3 – article 14 – paragraph 1 – point d
(d) mitigate the impact of all fishing gear on the ecosystem and the environment, with particular regard to the protection of biologically sensitive stocks and habitats. and to contribute to achieving good environmental status of the marine environment as provided by Directive 2008/56/EC;
Amendment 1469 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 a (new)
Part 3 – article 14 – paragraph 1 a (new)
Amendment 1470 #
Proposal for a regulation
Part 3 – article 14 – paragraph 1 b (new)
Part 3 – article 14 – paragraph 1 b (new)
The Commission shall publish technical measures frameworks adopted in accordance with this Article.
Amendment 1473 #
Proposal for a regulation
Part 3 – article 15 – title
Part 3 – article 15 – title
Obligation to record and land all catches
Amendment 1481 #
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – introductory part
Part 3 – article 15 – paragraph 1 – introductory part
1. All catches of the following fish stocks subject to catch limitharvested species caught during fishing activities in Union waters or by Union fishing vessels outside Union waters shall be brought and retained on board the fishing vessels and recorded and landed, except when used as live bait, and shall be deducted from a fishing vessel's allocated individual fishing opportunities and a Member States' fishing opportunities, except when used as live bait, or when non-target species with a high survival rate after discarding are released in the sea, in accordance with the following timeframe:
Amendment 1526 #
Proposal for a regulation
Part 3 – article 15 – paragraph 1 a (new)
Part 3 – article 15 – paragraph 1 a (new)
1 a. If a Member State fails to achieve the outcomes that measures in accordance with this Article are designed to attain, this shall result in the interruption or suspension of Union financial assistance to these Member States under the Common Fisheries Policy.
Amendment 1539 #
Proposal for a regulation
Part 3 – article 15 – paragraph 2
Part 3 – article 15 – paragraph 2
2. Minimum conservation reference sizes based on the best available scientific advice shall be established for the fish stocks set out in paragraph 1. The sale of catches of such fish stocks below the minimum conservation reference size shall be restricted for reduction to fish meal or pet food only and a price ceiling shall be for these catches.
Amendment 1559 #
Proposal for a regulation
Part 3 – article 15 – paragraph 3
Part 3 – article 15 – paragraph 3
3. Marketing standards for catches of fish caught below minimum conservation reference sizes and/or in excess of fixed fishing opportunities shall be established in accordance with Article 27 of [the Regulation on the common organisation of the markets in fishery and aquaculture products].
Amendment 1567 #
Proposal for a regulation
Part 3 – article 15 – paragraph 4
Part 3 – article 15 – paragraph 4
4. Member States shall ensure that Union fishing vessels flying their flag are equipped to ensure full documentation of all fishing and processing activities for the purpose of monitoring compliance with the obligation to land all catches. Member States shall publish records of all catches and make this information publicly available.
Amendment 1577 #
Proposal for a regulation
Part 3 – article 15 – paragraph 4 a (new)
Part 3 – article 15 – paragraph 4 a (new)
4 a. When allocating fishing opportunities in accordance with Article 29 Member States shall provide incentives to fishing vessels to employ selective gear and to reduce unwanted and unauthorized catches.
Amendment 1579 #
Proposal for a regulation
Part 3 – article 15 – paragraph 4 b (new)
Part 3 – article 15 – paragraph 4 b (new)
4b. Member States shall conduct pilot projects aimed at the improvement of gear selectivity in a fishery, by the end of 2014. The results of these pilot projects shall be included in the long-term management plan of each fishery in the form of obligations and additional incentives to use of the most selective gear and fishing method available.
Amendment 1580 #
Proposal for a regulation
Part 3 – article 15 – paragraph 4 c (new)
Part 3 – article 15 – paragraph 4 c (new)
4c. The Commission shall provide financial support for the employment of selective gear in order to reduce unwanted and unauthorized catches.
Amendment 1591 #
Proposal for a regulation
Part 3 – article 15 – paragraph 6 a (new)
Part 3 – article 15 – paragraph 6 a (new)
6 a. As soon as all of the fishing opportunities allocated for a particular fish stock have been exhausted at a Member State and/or EU level, any fishing that includes catches (target or non-target) of this fish stock must cease.
Amendment 1594 #
Proposal for a regulation
Part 3 – article 16 – paragraph -1 (new)
Part 3 – article 16 – paragraph -1 (new)
-1. The allocation of fishing opportunities to Member States shall be conditional upon compliance with the rules of the Common Fisheries Policy.
Amendment 1608 #
Proposal for a regulation
Part 3 – article 16 – paragraph 2
Part 3 – article 16 – paragraph 2
2. By-catch fishing opportunitAll bycatch of stocks of harvested species mayust be reserved underdeducted from the total fishing opportunities.
Amendment 1612 #
Proposal for a regulation
Part 3 – article 16 – paragraph 2 a (new)
Part 3 – article 16 – paragraph 2 a (new)
2a. Catch and/or fishing effort limits, where applicable, shall not exceed levels which will maintain or restore fish stock populations above levels capable of producing maximum sustainable yield (or relevant proxy) by 2015 and maximum sustainable economic yield by 2020, and will contribute to the achievement and maintenance of a good environmental status in the Community's marine environment by 2020.
Amendment 1637 #
Proposal for a regulation
Part 3 – article 17 – paragraph 1
Part 3 – article 17 – paragraph 1
1. In acompliance with the measures set out in multiannual plans, established pursuant to Articles 9, 10 and 11, involved Member States may be authorised to adopt measures, in accordance with that mshall cooperate and adopt conservation measures, to maintain or restore fish stock populatiannual plan, which specify the conservation measures applicable to vessels flying their flagin relation to stocks in Union waters for which they have been allocated fishing opportunitiesons above levels which can produce the maximum sustainable yield by 2015, above levels capable of producing maximum sustainable economic yield by 2020, and to achieve and maintain a good environmental status in the Community's marine environment by 2020, applicable to vessels flying their flag.
Amendment 1661 #
Proposal for a regulation
Part 3 – article 17 – paragraph 2 – point d a (new)
Part 3 – article 17 – paragraph 2 – point d a (new)
(da) are implemented in agreement with the regional Advisory Councils as bodies pursuing an aim of general European interest.
Amendment 1666 #
Proposal for a regulation
Part 3 – article 17 – paragraph 2 a (new)
Part 3 – article 17 – paragraph 2 a (new)
2 a. If a Member State fails to achieve the outcomes that measures in accordance with this Article are designed to attain, this shall result in the interruption or suspension of Union financial assistance to these Member States under the Common Fisheries Policy.
Amendment 1693 #
Proposal for a regulation
Part 3 – article 19 – paragraph 1
Part 3 – article 19 – paragraph 1
The Commission may at any time assess theshall periodically, starting in 2015, and thereafter at least once every three years, assess the implementation, compatibility and effectiveness of conservation measures adopted by Member States pursuant to Article 17(1) and the results shall be publicly available.
Amendment 1697 #
Proposal for a regulation
Part 3 – article 19 – paragraph 1 – subparagraph 1 (new)
Part 3 – article 19 – paragraph 1 – subparagraph 1 (new)
Starting in 2015, the Commission shall assess the multiannual plans, and every three years thereafter, and shall ensure that the resulting information is included in the revised plans.
Amendment 1699 #
Proposal for a regulation
Part 3 – article 19 – paragraph 1 – subparagraph 2 (new)
Part 3 – article 19 – paragraph 1 – subparagraph 2 (new)
The Commission shall establish non- compliance penalty procedures that are proportionate, dissuasive and effective.
Amendment 1707 #
Proposal for a regulation
Part 3 – article 20 – paragraph 1
Part 3 – article 20 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify the conservation measures for fisheries covered by a multiannual plan, if the Member States authorisrequired or empowered to take measures in accordance with Article 17 do not notify such measures to the Commission within three months after the date of entry into force of the multiannual plan.
Amendment 1721 #
Proposal for a regulation
Part 3 – article 20 – paragraph 2 – point b
Part 3 – article 20 – paragraph 2 – point b
(b) Member State measures are deemed not to meet the objectives, to maintain or restore fish stock populations above levels which can produce the maximum sustainable yield by 2015, above levels capable of producing maximum sustainable economic yield by 2020 and to achieve and maintain a good environmental status by 2020 and quantifiable targets set out in multiannual plans effectively, on the basis of an assessment carried out pursuant to Article 19, or
Amendment 1736 #
Proposal for a regulation
Part 3 – article 21 – paragraph 1 – introductory part
Part 3 – article 21 – paragraph 1 – introductory part
In compliance with the measures set out in a technical measures framework established pursuant to Article 14 Member States may be authorised toshall adopt measures, in accordance with that framework, which specify the technical measures applicable to vessels flying their flag in relation to stocks in their waters for which they have been allocated fishing opportunities. Member States shall ensure that such technical measures:
Amendment 1748 #
Proposal for a regulation
Part 3 – article 21 – paragraph 1 a (new)
Part 3 – article 21 – paragraph 1 a (new)
If a Member State fails to achieve the outcomes that measures introduced in accordance with this Article are designed to attain, this shall result in the interruption or suspension of Union financial assistance to these Member States under the Common Fisheries Policy.
Amendment 1755 #
Proposal for a regulation
Part 3 – article 23 – paragraph 1
Part 3 – article 23 – paragraph 1
The Commission may at any time assess theshall assess the implementation, compatibility and effectiveness of technical measures adopted by Member States pursuant to Article 21 in 2015 and thereafter at least once every three years and the results of these assessments shall be publicly available.
Amendment 1765 #
Proposal for a regulation
Part 3 – article 24 – paragraph 1
Part 3 – article 24 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify the technical measures covered by a technical measures framework, if the Member States authorisempowered or required to take measures in accordance with Article 21 do not notify such measures to the Commission within three months after the date of entry into force of the technical measures framework.
Amendment 1782 #
Proposal for a regulation
Part 3 – article 25 – paragraph 1 – introductory part
Part 3 – article 25 – paragraph 1 – introductory part
A Member State or a group of Member States may adopt measures for the conservation of fish stockmarine biological resources or of marine ecosystems in Union waters provided that those measures:
Amendment 1787 #
Proposal for a regulation
Part 3 – article 25 – paragraph 1 a (new)
Part 3 – article 25 – paragraph 1 a (new)
A Member State or a group of Member States may adopt measures in relation to fishing activities in EU waters in order to ensure compliance with the provisions of Directive 1992/43/EEC, Directive 2009/147/EC and Directive 2008/56/EC.
Amendment 1788 #
Proposal for a regulation
Part 3 – article 25 – paragraph 1 b (new)
Part 3 – article 25 – paragraph 1 b (new)
Member States shall make the information related to the measures adopted in accordance with this Article publicly available.
Amendment 1790 #
Proposal for a regulation
Part 3 – article 26 – paragraph 1
Part 3 – article 26 – paragraph 1
1. A Member State may take non- discriminatory measures for the conservation and management of fish stocks and to minimise the effect of fishingeet targets relating to other living aquatic resources and the maintenance or improvement onf the conservation status of marine eco-systems within 12 nautical miles of its baselines provided that the Union has not adopted measures addressing conservation and management specifically for that area. The Member State measures shall be compatible with the objectives set out in Articles 2 and 3 and no less stringent than those in existing Union legislation.
Amendment 1794 #
Proposal for a regulation
Part 3 – article 26 – paragraph 2 a (new)
Part 3 – article 26 – paragraph 2 a (new)
2 a. Member States shall make the information related to the measures adopted in accordance with this Article publicly available.
Amendment 1805 #
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – introductory part
Part 4 – article 27 – paragraph 1 – introductory part
1. Each Member State shallmay choose to establish a system of transferable fishing concessions no later than 31 December 2013 foror another rights based management system for any section of its fishing fleet.
Amendment 1820 #
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – point a
Part 4 – article 27 – paragraph 1 – point a
Amendment 1829 #
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – point b
Part 4 – article 27 – paragraph 1 – point b
Amendment 1843 #
Proposal for a regulation
Part 4 – article 27 – paragraph 2
Part 4 – article 27 – paragraph 2
2. Member States may extend the system of transferable fishing concessions to fishing vessels of less than 12 meters length overall and deploying other types of gear than towed gear and shall inform the Commission thereofshall inform the Commission of any decision to establish a system of transferable fishing concessions or rights based management and shall make all relevant information publicly available.
Amendment 1859 #
Proposal for a regulation
Part 4 – article 28 – paragraph 1
Part 4 – article 28 – paragraph 1
1. A transferable fishing concession shall establish an entitlement to use the individual, community or group fishing opportunities for which a Member State has chosen to establish a system of transferable fishing concessions allocated in accordance with Article 29(1).
Amendment 1863 #
Proposal for a regulation
Part 4 – article 28 – paragraph 2
Part 4 – article 28 – paragraph 2
2. Each Member State that chooses to establish a system of transferable fishing concessions shall allocate transferable fishing concessions on the basis of transparent criteria, for each stock or group of stocks for which fishing opportunities are allocated in accordance with Article 16, excluding fishing opportunities obtained under sustainable fisheries agreements. The transparent criteria will be set by the Council and the Parliament, will be made publicly available and will include but not be limited to: (a) the employment of more selective fishing methods, gears and practices with low by-catch and low impact on the marine ecosystem; (b) having a good record of compliance with the rules of the Common Fisheries Policy and EU environmental requirements and with respecting catch and/or fishing effort limits designated by scientific advice (c) ensuring increased, good quality employment, provided that this does not have negative environmental impacts; (d) the use of vessels and fishing methods that have low fuel emissions and are energy efficient; and (e) the use of video surveillance or an equivalent electronic monitoring equipment, (f) working conditions that comply with relevant international standards, notably the 2007 ILO Work in Fishing Convention. (f) the reported production during at least the three previous years.
Amendment 1876 #
Proposal for a regulation
Part 4 – article 28 – paragraph 4
Part 4 – article 28 – paragraph 4
4. Transferable fishing concessions may only be allocated by a Member State to an owner of a fishing vessel flying the flag of that Member State, or to legal or natural persons for the purpose of being used on such a vessel. Transferable fishing concessions may be pooled together for collective management by legal or natural persons or recognized producer organisations. Member States mayshall limit eligibility for receiving transferable fishing concessions on the basis of transparent and objective criteria.
Amendment 1885 #
Proposal for a regulation
Part 4 – article 28 – paragraph 5
Part 4 – article 28 – paragraph 5
5. Member States mayshall limit the period of validity of transferable fishing concessions to a period of at least 1maximum up to 5 years, for the purpose of reallocating such concessions. Where Member States have not limited the period of validity of the transferable fishing concessions, they may recall such concessions with a notice of at least 1maximum up to 5 years.
Amendment 1895 #
Proposal for a regulation
Part 4 – article 28 – paragraph 6
Part 4 – article 28 – paragraph 6
6. Member States mayshall recall transferable fishing concessions with a shorter notice in the event of an established serious infringement committed by the holder of the concessions. Such recalls shall be operated in a manner which gives full effect to the Common Fisheries Policy, the proportionality principle and, whenever necessary, with immediate effect.
Amendment 1917 #
Proposal for a regulation
Part 4 – article 29 – paragraph 1
Part 4 – article 29 – paragraph 1
1. Member States shall allocate individual fishing opportunities to holders of transferable fishing concessions, as referred to in Article 28,Irrespective of whether a Member State has chosen to introduce transferable fishing concessions, Member States shall, in accordance with Article 33 and in accordance with the transparent criteria listed under Article 28(2) allocate individual fishing opportunities on the basis of fishing opportunities allocated to the Member States, or established in management plans adopted by Member States in accordance with Article 19 of Regulation (EC) No 1967/2006.
Amendment 1924 #
Proposal for a regulation
Part 4 – article 29 – paragraph 2
Part 4 – article 29 – paragraph 2
2. Member States shall determine fishing opportunities that, based on the best available scientific advice, can and on the precautionary approach and in compliance with the objectives of the Common Fisheries Policy and environmental law requirements, shall be allocated to fishing vessels flying their flag for species for which the Council has not fixed fishing opportunities.
Amendment 1930 #
Proposal for a regulation
Part 4 – article 29 – paragraph 3
Part 4 – article 29 – paragraph 3
3. Fishing vessels shall undertake fishing activities only when in possession of sufficient individual fishing opportunities to cover all their potential catch and cease fishing when either Member State fishing opportunities or vessels individual fishing opportunities are fully used.
Amendment 1937 #
Proposal for a regulation
Part 4 – article 29 – paragraph 4
Part 4 – article 29 – paragraph 4
4. Member States may reserve up to 5% of fishing opportunities. They shall establish objectives and transparent criteria for the allocation of such reservedall fishing opportunities. Those fishing opportunities may only be allocated to eligible holders of transferable fishing concessions as set out in Article 28(4), in line with Article 28(2) that shall be publicly available.
Amendment 1943 #
Proposal for a regulation
Part 4 – article 29 – paragraph 5
Part 4 – article 29 – paragraph 5
5. When allocating transferable fishing concessions in accordance with Article 28(2) and when allocating fishing opportunities in accordance with paragraph 1 and 2 of this Article, a Member State mayshall provide incentives to fishing vessels deploying low impact and selective fishing gear that eliminates unwanted by-catch within the fishing opportunities assigned to that Member State.
Amendment 1949 #
Proposal for a regulation
Part 4 – article 29 – paragraph 6
Part 4 – article 29 – paragraph 6
6. Member States mayshall set fees for the use of individual fishing opportunities to contribute to fisheries management-related costs. and all related information shall be publicly available
Amendment 1958 #
Proposal for a regulation
Part 4 – article 30 – paragraph 1
Part 4 – article 30 – paragraph 1
Member States shall establish and maintain a register of transferable fishing concessions and individual fishing opportunities and make this register publicly available.
Amendment 1964 #
Proposal for a regulation
Part 4 – article 31
Part 4 – article 31
Amendment 1971 #
Proposal for a regulation
Part 4 – article 31 – title
Part 4 – article 31 – title
Amendment 1973 #
Proposal for a regulation
Part 4 – article 31 – paragraph 1
Part 4 – article 31 – paragraph 1
1. Transferable fishing concessions and any other fishing opportunities may be fully or partially transferrsub-leased within a Member State among eligible holders of such concessions or fishing opportunities.
Amendment 1981 #
Proposal for a regulation
Part 4 – article 31 – paragraph 2
Part 4 – article 31 – paragraph 2
2. A Member State may only authorise transfer of transferable fishing concessions to and from otherhe sub-leasing of transferable fishing concessions or other fishing opportunities to and from other Member States if all the relevant transferable fishing concessions or other fishing opportunities are subject to agreed management rules between all interested Member States in the relevant geographical area, which can subsequently be enforced by any interested Member States.
Amendment 1985 #
Proposal for a regulation
Part 4 – article 31 – paragraph 3
Part 4 – article 31 – paragraph 3
3. Member States mayshall regulate the transfersub- leasing of transferable fishing concessions by providing for conditions for their transfer on the basis of transparent and objective criteria, in line with the criteria set out in Article 28(2) which shall be publicly available.
Amendment 1995 #
Proposal for a regulation
Part 4 – article 32
Part 4 – article 32
Amendment 1997 #
Proposal for a regulation
Part 4 – article 32
Part 4 – article 32
Amendment 2016 #
Proposal for a regulation
Part 4 – article 33 – paragraph 1
Part 4 – article 33 – paragraph 1
1. Each Member State shall decide how fishing opportunities assigned to it in accordance with Article 16, and which are not subject to a system of transferable fishing concessions, may be allocated to vessels flying its flag, on the basis of transparent and objective criteria, in line with the criteria set out in Article 28(2), which shall be publicly available. It shall inform the Commission of the allocation method.
Amendment 2018 #
Proposal for a regulation
Part 4 – article 33 – paragraph 1 a (new)
Part 4 – article 33 – paragraph 1 a (new)
Amendment 2021 #
Proposal for a regulation
Part 4 – article 33 – paragraph 1 b (new)
Part 4 – article 33 – paragraph 1 b (new)
1 b. As soon as all the fishing opportunities allocated for a specific fish stock have been exhausted, at a national and/or EU level, any fishing activities that include catches, whether intentional or not, of this stock must cease.
Amendment 2024 #
Proposal for a regulation
Part 4 – article 33 b (new)
Part 4 – article 33 b (new)
Amendment 2028 #
Proposal for a regulation
Part 5 – article 34 – paragraph 1
Part 5 – article 34 – paragraph 1
1. Member States shall put in place measures to adjust the fishing capacity of their fleets in order to achieve an effectiveIrrespective of any system of transferable fishing concessions that may be established, Member States shall put in place measures, which shall include the removal of subsidies that promote overcapacity, to adjust the fishing capacity of their fleets in order to achieve a stable and enduring balance between such fishing capacity and their fishing opportunities and shall report to the Commission regarding their efforts to establish a balance between suchtheir fishing capacity and their fishing opportunities, this information shall be publicly available.
Amendment 2055 #
Proposal for a regulation
Part 5 – article 34 – paragraph 4 a (new)
Part 5 – article 34 – paragraph 4 a (new)
4 a. Member States shall inform the Commission of any measures taken to achieve a stable and enduring balance between their fishing capacity and their fishing opportunities and shall make this information publicly available.
Amendment 2057 #
Proposal for a regulation
Part 5 – article 34 – paragraph 4 b (new)
Part 5 – article 34 – paragraph 4 b (new)
4 b. If a Member State fails to achieve the outcomes that measures introduced in accordance with this Article are designed to attain, this shall result in the interruption or suspension of Union financial assistance to these Member States under the Common Fisheries Policy.
Amendment 2069 #
Proposal for a regulation
Part 5 – article 35 – paragraph 2
Part 5 – article 35 – paragraph 2
Amendment 2081 #
Proposal for a regulation
Part 5 – article 36 – paragraph 1
Part 5 – article 36 – paragraph 1
1. Member States shall record the information on characteristics and activity for all sectors of Union fishing vessels flying their flag that is necessary for the management of measures established under this Regulation.
Amendment 2086 #
Proposal for a regulation
Part 5 – article 36 – paragraph 2
Part 5 – article 36 – paragraph 2
2. Member States shall make available to the Commission the information referred to in paragraph 1, this information shall be publicly available.
Amendment 2091 #
Proposal for a regulation
Part 5 – article 36 – paragraph 4
Part 5 – article 36 – paragraph 4
4. The information contained in the Union fishing fleet register shall be made available to all Member States and shall be publicly available. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the definition of the information referred to in paragraph 1.
Amendment 2097 #
Proposal for a regulation
Part 6 – article 37 – paragraph 1 – introductory part
Part 6 – article 37 – paragraph 1 – introductory part
1. Member States shall collect biological, technical, environmental and socio- economic data necessary for ecosystem based fisheries and aquaculture management, manage them and make them availablepublicly available, including to end users of scientific data, including and bodies designated by the Commission. Thoseis data shall in particular enable the assessment of:
Amendment 2106 #
Proposal for a regulation
Part 6 – article 37 – paragraph 1 – point a
Part 6 – article 37 – paragraph 1 – point a
(a) the state of exploited marine biological resources in order to maintain or restore fish stock populations above levels which can produce the maximum sustainable yield by 2015, above levels capable of producing maximum sustainable economic yield by 2020 and to achieve and maintain a good environmental status by 2020,
Amendment 2108 #
Proposal for a regulation
Part 6 – article 37 – paragraph 1 – point b
Part 6 – article 37 – paragraph 1 – point b
(b) the level of fishing and the impact that fishing activities have on the marine biological resources and on the marine eco- systems, in particular in relation to the limit reference point of the fishing mortality rate which will generate maximum sustainable yield, and
Amendment 2118 #
Proposal for a regulation
Part 6 – article 37 – paragraph 2 – point a
Part 6 – article 37 – paragraph 2 – point a
(a) ensure that the collected data are accurate and reliable and collected in a harmonized way in all Member States;
Amendment 2141 #
Proposal for a regulation
Part 6 – article 37 – paragraph 5
Part 6 – article 37 – paragraph 5
5. The collection, management and use of data shall be done in the framework of aRegulation 2008/199/EC, which shall be reviewed and/or amended, or, if necessary replaced, with a framework of at least equivalent standard and implementing the provisions of this Article. A new multi- annual programme as of 2014. Such a multi-annual programme shall include targets for the precision of the data to be collected, and aggregation levels for the collection, management and use of such data. shall govern the collection, management and use of data as of 2014, which shall be subject to the provisions of this Article and/or of Regulation 2008/199/EC as amended, reviewed or replaced. Such a multi-annual programme shall include targets for the precision of the data to be collected, and aggregation levels for the collection, management and use of such data. Regulation 2008/199/EC shall continue to apply to the national programmes adopted for the collection and management of data until such time as the entry into force of new measures to establish a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy.
Amendment 2145 #
Proposal for a regulation
Part 6 – article 37 – paragraph 7 a (new)
Part 6 – article 37 – paragraph 7 a (new)
7 a. Failure of a Member State to implement data collection should result in the withdrawal of public aid and subsequently to further sanctions by the Commission.
Amendment 2153 #
Proposal for a regulation
Part 6 – article 38 – paragraph 1
Part 6 – article 38 – paragraph 1
1. Member States shall adopt national fisheries scientific data collection, research and innovation programs. They shall coordinate their fisheries data collection, research and innovation activities with other Member States and Union research and innovation frameworks. Data collection needs to be harmonized between Member States.
Amendment 2161 #
Proposal for a regulation
Part 6 – article 38 – paragraph 2 a (new)
Part 6 – article 38 – paragraph 2 a (new)
2 a. Member States shall submit annual reports to the Commission on the progress of implementation of national fisheries scientific data collection, research and innovation programs.
Amendment 2163 #
Proposal for a regulation
Part 6 – article 38 – paragraph 2 b (new)
Part 6 – article 38 – paragraph 2 b (new)
2 b. The Commission and/or STECF may evaluate the relevance and accuracy of the national fisheries scientific data collection, research and innovation programs adopted by Member States.
Amendment 2168 #
Proposal for a regulation
Part 7 – article 39 – paragraph 1
Part 7 – article 39 – paragraph 1
1. The Union shall participate in the activities of international organisations dealing with fisheries, including regional fisheries management organisations (RFMOs) in line with international obligations and policy objectives and consistent with the EU's principles, objectives and existing legislations in the field of fisheries, environment and development, including the objectives set out in Articles 2 and 3.
Amendment 2188 #
Proposal for a regulation
Part 7 – article 39 – paragraph 3 a (new)
Part 7 – article 39 – paragraph 3 a (new)
3a. The Union must bolster its presence within the various RFMOs. The Union’s participation should centre on improving the governance of these and enhancing the Union’s interests, be they economic, social or environmental.
Amendment 2199 #
Proposal for a regulation
Part 7 – article 41 – paragraph 1
Part 7 – article 41 – paragraph 1
1. Sustainable Fisheries Agreements with third countries shall establish a legal, economic and, environmental and social governance framework for fishing activitithe sustainable exploitation of marine biological resources carried out by Union fishing vessels in third country waters. Sustainable Fisheries Agreements shall be subject to the principles, objectives and the rules of the Common Fisheries Policy and shall promote sustainable resource management in third countries by providing the appropriate support for scientific research and data collection, monitoring, control and surveillance in third partner countries.
Amendment 2232 #
Proposal for a regulation
Part 7 – article 41 a (new)
Part 7 – article 41 a (new)
Article 41 a Activities of EU vessels outside EU waters Union fishing vessels shall comply with the principles, objectives and the rules of the Common Fisheries Policy when fishing in third country waters or on the high seas, regardless of whether a Sustainable Fisheries Agreement is in place.
Amendment 2250 #
Proposal for a regulation
Part 8 – article 43 – title
Part 8 – article 43 – title
Amendment 2254 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – introductory part
Part 8 – article 43 – paragraph 1 – introductory part
1. With a view to promoting sustainability and contributing to food security, growth and employment, non-binding Union strategic guidelines on common priorities and targets for the sustainable management and development of aquaculture activities which are ecosystem based shall be established by the Commission by 2013. Such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the Union, shall form the basis for multiannual national strategic plans for Member States that already have or plan to develop aquaculture or ranching activities by 2014. These Plans shall be consistent with articles 2 and 3 and shall aim at:
Amendment 2263 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point a
Part 8 – article 43 – paragraph 1 – point a
(a) improving the competitiveness of the organic and closed-system aquaculture industry and supporting its development and innovation;
Amendment 2271 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point a a (new)
Part 8 – article 43 – paragraph 1 – point a a (new)
(a a) promote primarily aquaculture of herbivorous species, producing food for human consumption;
Amendment 2281 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point d
Part 8 – article 43 – paragraph 1 – point d
(d) a level-playing field for aquaculture operators in relation to access to waters and space., in line with the EU Policy on Coastal Zone Management and Maritime Spatial Planning;
Amendment 2287 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point d a (new)
Part 8 – article 43 – paragraph 1 – point d a (new)
(d a) ensure that aquaculture development is compatible with the objectives of Directive 2008/56/EC;
Amendment 2295 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point d b (new)
Part 8 – article 43 – paragraph 1 – point d b (new)
(d b) assessing and minimizing the environmental impacts of aquaculture and ranching activities;
Amendment 2300 #
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point d c (new)
Part 8 – article 43 – paragraph 1 – point d c (new)
(d c) ensure that imported aquaculture products are produced to the same level of environmental, food safety, social and animal welfare standards as apply to aquaculture products produced in the EU.
Amendment 2303 #
Proposal for a regulation
Part 8 – article 43 – paragraph 2
Part 8 – article 43 – paragraph 2
2. Member States shall establish a multiannual national strategic plan for the sustainable and ecosystem based management and development of aquaculture or ranching activities on their territory by 2014. These multiannual national strategic plans shall be publicly available.
Amendment 2315 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point a
Part 8 – article 43 – paragraph 4 – point a
(a) administrative simplification, in particular regarding licenses, with a focus on organic aquaculture;
Amendment 2324 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point b
Part 8 – article 43 – paragraph 4 – point b
(b) certainty for aquaculture operators in relation to access to waters and space, in line with the EU Policy on Coastal Zone Management and Maritime Spatial Planning;
Amendment 2326 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point b a (new)
Part 8 – article 43 – paragraph 4 – point b a (new)
(b a) coherence with the EU Strategy for Sustainable Aquaculture, Directive 92/43/EEC , and Directive 2000/60/EC ;
Amendment 2327 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point b b (new)
Part 8 – article 43 – paragraph 4 – point b b (new)
(b b) limit the impact on native species, by preventing escapees and the invasion of alien species;
Amendment 2329 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point c a (new)
Part 8 – article 43 – paragraph 4 – point c a (new)
(c a) measures to ensure that aquaculture activities are in full compliance with existing EU environmental legislation;
Amendment 2330 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point d
Part 8 – article 43 – paragraph 4 – point d
(d) assessment of other possible cross- bordering effectseffects of aquaculture activities on marine biological resources and marine ecosystems in that Member State or on neighbouring Member States.;
Amendment 2331 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point d a (new)
Part 8 – article 43 – paragraph 4 – point d a (new)
(d a) guarantee stakeholders engagement;
Amendment 2336 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point d b (new)
Part 8 – article 43 – paragraph 4 – point d b (new)
(d b) guarantee food safety, animal health and welfare;
Amendment 2339 #
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point d c (new)
Part 8 – article 43 – paragraph 4 – point d c (new)
(d c) guarantee the use of sustainable feeds and limit the impact of procuring aquaculture feed from wild capture fisheries; This shall be based on the precautionary approach so as to be consistent with multiannual plans.
Amendment 2358 #
Proposal for a regulation
Part 9 – article 45 – paragraph 1 – point c
Part 9 – article 45 – paragraph 1 – point c
(c) strengthen the competitiveness, sustainability, and ecosystem-based management of the Union fishery and aquaculture industry, in particular producers;
Amendment 2362 #
Proposal for a regulation
Part 9 – article 45 – paragraph 1 – point d
Part 9 – article 45 – paragraph 1 – point d
(d) improve the transparency of the markets, in particular as regards economic knowledge and understanding of the Union markets for fishery and aquaculture products along the supply chain and consumer awarenes, environmental information and consumer awareness through clear, detailed, consistent labelling that allows consumers to assess the sustainability of such products;
Amendment 2366 #
Proposal for a regulation
Part 9 – article 45 – paragraph 1 – point e
Part 9 – article 45 – paragraph 1 – point e
(e) contribute to ensuring a level playing field for all products marketed in the Union by promoting sustainable exploitation of fisheries resources. and sustainable ecosystem based aquaculture;
Amendment 2373 #
Proposal for a regulation
Part 9 – article 45 – paragraph 1 – point e a (new)
Part 9 – article 45 – paragraph 1 – point e a (new)
(e a) ensure the traceability of all fishery and aquaculture products throughout the supply chain, shall provide verifiable and accurate information regarding the origin of the product, including, for farmed products, a reference to every Member State or third country in which the product has been hatched, reared, cultivated and slaughtered, and its mode of production, indicating the exact capture or farming method, and shall label the product accordingly, in a clear, detailed, accurate manner, with an emphasis on reliable, independent eco- labelling.
Amendment 2382 #
Proposal for a regulation
Part 9 – article 45 – paragraph 3 – point b
Part 9 – article 45 – paragraph 3 – point b
(b) common marketing standards with respect to the local traditions.
Amendment 2390 #
Proposal for a regulation
Part 10 – article 46 – paragraph 1
Part 10 – article 46 – paragraph 1
1. Compliance with the rules of the Common Fisheries Policy, Regulation 2009/1224/EC, Regulation 2008/1005/EC, or Union environmental protection requirements shall be ensured through an effective Union fisheries control system, including the fight against illegal, unreported and unregulated (IUU) fishing.
Amendment 2404 #
Proposal for a regulation
Part 10 – article 46 – paragraph 2 – point d
Part 10 – article 46 – paragraph 2 – point d
(d) the development of a culture of compliance among all sectors of fishing vessels operators;
Amendment 2417 #
Proposal for a regulation
Part 10 – article 47 – paragraph 1
Part 10 – article 47 – paragraph 1
1. The Commission and the Member States mayshall carry out pilot projects on new control technologies and systems for data management.
Amendment 2428 #
Proposal for a regulation
Part 10 – article 48 – paragraph 1
Part 10 – article 48 – paragraph 1
Member States mayshall require holders of a fishing licence for fishing vessels of 12 meters length overall or more flying their flag to contribute proportionally to the costs of implementing the Union fisheries control system and data collection.
Amendment 2432 #
Proposal for a regulation
Part 11 – article 49 – paragraph 1
Part 11 – article 49 – paragraph 1
Union financial assistance may be granted to contribute to the achievement of the objectives set out in Articles 2 and 3. Union financial assistance shall not support operations that jeopardise the sustainability and the conservation of marine biological resources, biodiversity, habitats and ecosystems.
Amendment 2437 #
Proposal for a regulation
Part 11 – article 50 – paragraph 1
Part 11 – article 50 – paragraph 1
1. Union financial assistance towards Member States shall be conditional upon compliance with the rules of the Common Fisheries Policy, including achieving the outcomes that measures introduced in accordance with Articles 7-11, 14, 17, 18, 21, 22, 34, 35, 37 and 38 are designed to attain, with Regulation 2009/1224/EC, with Regulation 2008/1005/EC, compliance with environmental protection requirements including in particular Directive 92/43/EEC, Directive 2009/147/EC and contributing to the achievement of good environmental status in accordance with Directive 2008/56/EC, and the application of precautionary principle by Member States.
Amendment 2439 #
Proposal for a regulation
Part 11 – article 50 – paragraph 2
Part 11 – article 50 – paragraph 2
2. Non compliance by Member States with the rules of the Common Fisheries Policy mayincluding not achieving the outcomes that measures introduced in accordance with Articles 7-11, 14, 17, 18, 21, 22, 34, 35, 37 and 38 are designed to attain, with Regulation 2009/1224/EC, with Regulation 2008/1005/EC, with environmental protection requirements including in particular Directive 92/43/EEC, Directive 2009/147/EC and contributing to the achievement of good environmental status in accordance with Directive 2008/56/EC, and with the precautionary principle shall result in the interruption or suspension of payments or in the application of a financial correction to Union financial assistance under the Common Fisheries Policy. Such measures shall be proportionate to the nature, extent, duration and repetition of the non compliance.
Amendment 2444 #
Proposal for a regulation
Part 11 – article 51 – paragraph 1
Part 11 – article 51 – paragraph 1
1. Union financial assistance towards operators shall be conditional upon compliance with the rules of the Common Fisheries Policy by operators. and with Regulation 2009/1224/EC, Council Regulation (EC) No 1005/2008, Regulation 2008/199/EC (including as amended or replaced and with environmental protection requirements by operators, including in particular Directive 92/43/EEC, Directive 2009/147/EC and contributing to the achievement of good environmental status in accordance with Directive 2008/56/EC. In any case financial assistance shall not be granted to an operation that jeopardise the sustainability and conservation of marine biological resources, biodiversity, habitats and ecosystems.
Amendment 2450 #
Proposal for a regulation
Part 11 – article 51 – paragraph 2
Part 11 – article 51 – paragraph 2
2. SAny serious infringements by operators of the rules of the Common Fisheries Policy, Regulation 2009/1224/EC, Regulation 2008/1005/EC, Regulation 2008/199/EC, including as amended or replaced, or of any environmental protection requirements shall result in temporary or permanent bans on access to the Union financial assistance and/or the application of financial reductions. Such measures shall be proportionate to the nature, extent, duration and repetition of serious infringements.
Amendment 2453 #
Proposal for a regulation
Part 11 – article 51 – paragraph 3
Part 11 – article 51 – paragraph 3
3. Member States shall ensure that Union financial assistance is granted only if no sanctions for serious infringements have been imposed to the concerned operator within a period of 1at least 5 years prior to the date of application for Union financial assistance.
Amendment 2459 #
Proposal for a regulation
Part 12 – article 52 – paragraph 1
Part 12 – article 52 – paragraph 1
1. Advisory Councils are established for each of the areas of competence set out in Annex III, to promote a balanced representation of all stakeholders, including representatives from the fishing sector, the processing industry, scientists, local authorities, NGOs, control agencies and civil society representatives and to contribute to the achievement of the objectives set out in Articles 2 and 3.
Amendment 2486 #
Proposal for a regulation
Part 12 – article 53 – paragraph 1 – point c a (new)
Part 12 – article 53 – paragraph 1 – point c a (new)
(c a) participate in the development of conservation measures pursuant to Articles 17 and 18 of this Regulation;
Amendment 2490 #
Proposal for a regulation
Part 12 – article 53 – paragraph 1 – point c b (new)
Part 12 – article 53 – paragraph 1 – point c b (new)
(c b) participate in the development of technical measures pursuant to Articles 21 and 22 of this Regulation.
Amendment 2504 #
Proposal for a regulation
Part 12 – article 54 – paragraph 1
Part 12 – article 54 – paragraph 1
1. Advisory Councils shall broaden their participation base and be composed of organizations representing the fisheries operators and other interest groups affected by the Common Fisheries Policy, including scientists, NGOs, control agencies and local authorities.
Amendment 2543 #
Proposal for a regulation
Part 14 – article 58 – paragraph 1
Part 14 – article 58 – paragraph 1
Notwithstanding Article 57(4), Regulation (EC) No 199/2008 shall continue to apply to the national programmes adopted for the collection and management of data for the years 2011 - 2013until such time as the entry into force of new measures to establish a Union framework for the collection, management and use of data in the fisheries sector.