Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | PECH | MIGUÉLEZ RAMOS Rosa ( PSE) | |
Committee Opinion | ENVI |
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 037
Legal Basis:
EC Treaty (after Amsterdam) EC 037Subjects
Events
PURPOSE: to apply, in Community law, new provisions adopted by the “Commission For the Conservation of Arctic Marine Living Resources” CCAMLR.
LEGISLATIVE ACT: Council Regulation (EC) No 1099/2007 amending Regulation (EC) No 601/2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources.
CONTENT: the Council adopted a Regulation amending Regulation (EC) No 601/2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources (CCAMLR). Regulation (EC) No 601/2004, which implements certain conservation measures adopted by the CCAMLR, is amended to bring it into line with a number of amendments to the conservation measures adopted at the CCAMLR during its 2004, 2005 and 2006 annual meetings.
The main elements of the new provisions relate to, inter alia ,:
improved licensing requirements, enhanced environmental protection, enhanced scientific research for Dissostichus spp .; and measures to combat illegal fishing activities.
ENTRY INTO FORCE: 29 September 2007.
The European Parliament adopted the report by Rosa MIGUELEZ RAMOS (PES, ES) on the Council regulation amending Council Regulation (EC) No 601/2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999. It endorsed the following amendments:
- notifications of intent to participate in a krill fishery : all Contracting Parties intending to fish for krill in the Convention area shall notify the CCAMLR Secretariat of their intent not less than four months in advance of the regular annual meeting of the CCAMLR immediately prior to the season in which they intend to fish;
- access to new fish : the flag Member State shall notify the Commission not later than four months in advance of the ordinary annual meeting of the CCAMLR of the intention of a Community fishing vessel to develop a new fishery in the Convention area. This notification shall be accompanied by as much of the following information as the Member State is able to provide: (a) the nature of the proposed fishery, including target species, methods of fishing, the proposed fishery region and any minimum level of catches required to develop a viable fishery; (b) biological information from comprehensive research/survey cruises, such as distribution, abundance, population data and information on stock identity; (c) details of dependent and associated species and the likelihood of such species being affected in any way at all by the proposed fishery; (d) information from other fisheries in the region or similar fisheries elsewhere that may assist in the evaluation of potential yield; (e) if the proposed fish will be taken using bottom trawl gear, information on the known and anticipated impacts of this gear on vulnerable marine ecosystems, including benthos and benthic communities;
- tagging : in regions where both Dissostichus spp species occur, the tagging rate shall, to the extent possible, be in proportion to the species and size of Dissostichus spp present in the catches. All tags shall be clearly imprinted with a unique serial number and a return address so that the origin of tags can be retraced in the case of recapture of the tagged individual; unique serial number and a return address so that the origin of tags can be retraced in the case of recapture of the tagged individual; from 1 September 2007 all tags for use in explanatory fishery shall be sourced from the CCAMLR Secretariat. All recaptured tagged individuals shall be biologically sampled (length, weight, sex, gonad stage), an electronic time-stamped photograph taken of the fish, the otoliths recovered and the tag removed. Dissostichus spp individuals that are tagged and released shall not be counted against the catch limits;
- reporting of vessel sightings : if the master of a licensed fishing vessel sights a fishing vessel within the Convention area, the master shall, where possible, document as much information as possible on the vessel sighted, including: (a) the name and description of the vessel; (b) the vessel call sign; (c) the registration number and the Lloyds/IMO number of the vessel; (d) the flag State of the vessel; (e) photographs of the vessel to support the report; (f) any other relevant information regarding the observed activities of the sighted vessel. The master shall forward a report containing the information to his flag State as soon as possible. The flag State shall submit that report to the CCAMLR Secretariat if the sighted vessel is engaged in illegal, undeclared or unregulated (IUU) fishing activities according to CCAMLR standards.
Vessels appearing in the IUU list are denied access to ports except for the purpose of enforcement action or for reasons of force majeure or for rendering assistance to vessels or persons on those vessels in danger or distress. Vessels allowed entry to port are to be inspected.
1) Where port access is granted to such vessels:
- documentation and other information, including Dissostichus spp Catch Documents where relevant, are examined, with a view to verifying the area in which the catch was taken; and where the origin
cannot be adequately verified, the catch is detained or any landing or transhipment of the catch is refused, and
2) where possible, if catch is found to be taken in contravention of CCAMLR conservation measures, catch is confiscated.
- all support to such vessels, including nonemergency refuelling, resupplying and repairs shall be prohibited;
- concerning the scheme to promote compliance by nationals with CCAMLR conservation measures : without prejudice to the primacy of the responsibility of the flag State, Member States shall take appropriate measures, subject to and in accordance with their applicable legislation: (a) to verify if any natural or legal persons subject to their jurisdiction are engaged in the IUU activities as described in article 28 of Council Regulation (EC) No 601/2004 of 22 March 2004; (b) to enable them to take appropriate action in response to any verified activities; (c) to enable them to cooperate for the purpose of implementing the measures and actions. To this end, relevant agencies of Member States shall cooperate to implement CCAMLR conservation measures and shall seek cooperation by industries within their jurisdiction. To assist with the implementation of this conservation measure, Member States shall submit to the CCAMLR Secretariat and the Contracting Parties and non-Contracting Parties cooperating with CCAMLR, for the purpose of implementing the Catch Documentation Scheme for Dissostichus spp., a report on the actions and measures taken, in a timely fashion, with a copy to the Commission.
In adopting the report by Rosa MIGUELEZ RAMOS (PES, ES), the Committee on Fisheries amended the proposal for a Council regulation amending Council Regulation (EC) No 601/2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999. The amendments adopted introduce, inter alia, changes proposed by the CCAMLR in November 2006, which are of major importance in relation to the fight against IUUF but were not included in the proposal received by Parliament. These are as follows:
- Notifications of intent to participate in a krill fishery : all Contracting Parties intending to fish for krill in the Convention area shall notify the CCAMLR Secretariat of their intent not less than four months in advance of the regular annual meeting of the CCAMLR immediately prior to the season in which they intend to fish.
- Access to new fish : the flag Member State shall notify the Commission not later than four months in advance of the ordinary annual meeting of the CCAMLR of the intention of a Community fishing vessel to develop a new fishery in the Convention area. This notification shall be accompanied by as much of the following information as the Member State is able to provide: (a) the nature of the proposed fishery, including target species, methods of fishing, the proposed fishery region and any minimum level of catches required to develop a viable fishery; (b) biological information from comprehensive research/survey cruises, such as distribution, abundance, population data and information on stock identity; (c) details of dependent and associated species and the likelihood of such species being affected in any way at all by the proposed fishery; (d) information from other fisheries in the region or similar fisheries elsewhere that may assist in the evaluation of potential yield; (e) if the proposed fish will be taken using bottom trawl gear, information on the known and anticipated impacts of this gear on vulnerable marine ecosystems, including benthos and benthic communities.
- Tagging : Dissostichus spp. individuals shall be tagged and released at a rate of one individual per tonne of green weight catch throughout the season in accordance with the CCAMLR Tagging Protocol. Vessels shall only discontinue tagging after they have tagged 500 individuals, or leave the fishery having tagged Dissostichus spp at the specified rate. I n regions where both Dissostichus spp species occur, the tagging rate shall, to the extent possible, be in proportion to the species and size of Dissostichus spp present in the catches. A ll tags shall be clearly imprinted with a unique serial number and a return address so that the origin of tags can be retraced in the case of recapture of the tagged individual; unique serial number and a return address so that the origin of tags can be retraced in the case of recapture of the tagged individual; from 1 September 2007 all tags for use in explanatory fishery shall be sourced from the CCAMLR Secretariat. All recaptured tagged individuals shall be biologically sampled (length, weight, sex, gonad stage), an electronic time-stamped photograph taken of the fish, the otoliths recovered and the tag removed. Dissostichus spp individuals that are tagged and released shall not be counted against the catch limits.
- Reporting of vessel sightings : a new article has been inserted stating that if the master of a licensed fishing vessel sights a fishing vessel within the Convention area, the master shall, where possible, document as much information as possible on the vessel sighted, including: (a) the name and description of the vessel; (b) the vessel call sign; (c) the registration number and the Lloyds/IMO number of the vessel; (d) the flag State of the vessel; (e) photographs of the vessel to support the report; (f) any other relevant information regarding the observed activities of the sighted vessel. The master shall forward a report containing the information to his flag State as soon as possible. The flag State shall submit that report to the CCAMLR Secretariat if the sighted vessel is engaged in illegal, undeclared or unregulated (IUU) fishing activities according to CCAMLR standards. Vessels appearing in the IUU list shall be denied access to ports unless for the purpose of enforcement action or for reasons of force majeure or for rendering assistance to vessels or persons on those vessels in danger or distress. Vessels allowed entry to port shall be inspected.
1) Where port access is granted to such vessels:
- documentation and other information, including Dissostichus spp Catch Documents where relevant, are examined, with a view to verifying the area in which the catch was taken; and where the origin
cannot be adequately verified, the catch is detained or any landing or transhipment of the catch is refused, and
2) where possible, if catch is found to be taken in contravention of CCAMLR conservation measures, catch is confiscated.
- all support to such vessels, including nonemergency refuelling, resupplying and repairs shall be prohibited;
- concerning the scheme to promote compliance by nationals with CCAMLR conservation measures, without prejudice to the primacy of the responsibility of the flag State, Member States shall take appropriate measures, subject to and in accordance with their applicable legislation: (a) to verify if any natural or legal persons subject to their jurisdiction are engaged in the IUU activities as described in article 28 of Council Regulation (EC) No 601/2004 of 22 March 2004; (b) to enable them to take appropriate action in response to any verified activities; (c) to enable them to cooperate for the purpose of implementing the measures and actions. To this end, relevant agencies of Member States shall cooperate to implement CCAMLR conservation measures and shall seek cooperation by industries within their jurisdiction.
To assist with the implementation of this conservation measure, Member States shall submit to the CCAMLR Secretariat and the Contracting Parties and non-Contracting Parties cooperating with CCAMLR, for the purpose of implementing the Catch Documentation Scheme for Dissostichus spp., a report on the actions and measures taken, in a timely fashion, with a copy to the Commission.
PURPOSE : to amend Council Regulation 601/2004/EC laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations 3943/90/EEC, 66/98/EC and 1721/1999/EC.
PROPOSED ACT : Council Regulation
CONTENT : The Community has been a Contracting Party to the Convention on the conservation of Antarctic marine living resources since 1981. Conservation measures adopted under this Convention are binding upon Contracting Parties. It is therefore necessary to transpose the measures for the conservation and management of fish stocks referred to in the Convention into Community law.
The conservation and management measures adopted by the Commission for the conservation of Antarctic marine living resources (CCAMLR) include a set of rules regarding the monitoring of fishing activities. The arrangements for the control of fishing activities in the Convention area have been transposed into Community legislation by Council Regulation 601/2004/EC. This instrument needs to be updated to bring it into line with the amended rules adopted at the CCMLR annual meetings in 2004 and 2005 and with the Community system of catch and effort reporting. Some of the new measures have already been included, on a provisional basis, in the annual TAC and Quota Regulation for 2006. For those measures it is now necessary to create a more permanent basis in Community legislation.
Most of rules introduced since 2004 are aiming at enhancing the monitoring of the vessels, which are authorised to conduct fishing activities in CCAMLR waters, and to combat illegal, unregulated and unreported (IUU) fishing activities in the regulatory area. CCAMLR adopted many of these measures on the basis of proposals prepared by the Community, in cooperation with a number of other CCAMLR Parties. With the presentation of these proposals the Community continued its traditionally active role in fighting IUU fishing, which has become a serious threat for the vulnerable marine environment around the Antarctic Continent.
Other measures adopted in 2004 and 2005 include a prohibition of discharging various forms of waste in order to protect the environment and avoid incidental catches of seabirds. Furthermore, CCALMR decided to introduce a tagging programme with a view to improving the knowledge of the situation and the existing inter-linkages between various toothfish stocks in the Southern Ocean, which constitute the main species subject to commercial fishing activities.
PURPOSE : to amend Council Regulation 601/2004/EC laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations 3943/90/EEC, 66/98/EC and 1721/1999/EC.
PROPOSED ACT : Council Regulation
CONTENT : The Community has been a Contracting Party to the Convention on the conservation of Antarctic marine living resources since 1981. Conservation measures adopted under this Convention are binding upon Contracting Parties. It is therefore necessary to transpose the measures for the conservation and management of fish stocks referred to in the Convention into Community law.
The conservation and management measures adopted by the Commission for the conservation of Antarctic marine living resources (CCAMLR) include a set of rules regarding the monitoring of fishing activities. The arrangements for the control of fishing activities in the Convention area have been transposed into Community legislation by Council Regulation 601/2004/EC. This instrument needs to be updated to bring it into line with the amended rules adopted at the CCMLR annual meetings in 2004 and 2005 and with the Community system of catch and effort reporting. Some of the new measures have already been included, on a provisional basis, in the annual TAC and Quota Regulation for 2006. For those measures it is now necessary to create a more permanent basis in Community legislation.
Most of rules introduced since 2004 are aiming at enhancing the monitoring of the vessels, which are authorised to conduct fishing activities in CCAMLR waters, and to combat illegal, unregulated and unreported (IUU) fishing activities in the regulatory area. CCAMLR adopted many of these measures on the basis of proposals prepared by the Community, in cooperation with a number of other CCAMLR Parties. With the presentation of these proposals the Community continued its traditionally active role in fighting IUU fishing, which has become a serious threat for the vulnerable marine environment around the Antarctic Continent.
Other measures adopted in 2004 and 2005 include a prohibition of discharging various forms of waste in order to protect the environment and avoid incidental catches of seabirds. Furthermore, CCALMR decided to introduce a tagging programme with a view to improving the knowledge of the situation and the existing inter-linkages between various toothfish stocks in the Southern Ocean, which constitute the main species subject to commercial fishing activities.
Documents
- Final act published in Official Journal: Regulation 2007/1099
- Final act published in Official Journal: OJ L 248 22.09.2007, p. 0011
- Commission response to text adopted in plenary: SP(2007)4170
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T6-0305/2007
- Committee report tabled for plenary, 1st reading/single reading: A6-0213/2007
- Committee report tabled for plenary, 1st reading/single reading: A6-0213/2007
- Committee draft report: PE386.492
- Legislative proposal: COM(2006)0867
- Legislative proposal: EUR-Lex
- Legislative proposal published: COM(2006)0867
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2006)0867 EUR-Lex
- Committee draft report: PE386.492
- Committee report tabled for plenary, 1st reading/single reading: A6-0213/2007
- Commission response to text adopted in plenary: SP(2007)4170
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