# CE2009247EN.01008701.xml

| 15.10.2009 | EN | Official Journal of the European Union | CE 247/87 |
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15.10.2009

EN

Official Journal of the European Union

CE 247/87

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Thursday 10 April 2008Fishing activities of Community and third-country fishing vessels *

P6_TA(2008)0118

European Parliament legislative resolution of 10 April 2008 on the proposal for a Council regulation concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (COM(2007)0330 — C6-0236/2007 — 2007/0114(CNS))

2009/C 247 E/21

(Consultation procedure)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the Council (COM(2007)0330),

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0236/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Fisheries and the opinion of the Committee on Development (A6-0072/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
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2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
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3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
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4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Article 1, point (b) |
| (b) | the authorisation for vessels flying the flag of a Member State other than Community fishing vessels to engage in activities outside Community waters in the framework of an agreement; |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Article 1, point (b)

Article 1, point (b)

(b)

(b)

the authorisation for vessels flying the flag of a Member State other than Community fishing vessels to engage in activities outside Community waters in the framework of an agreement;

deleted

deleted

Amendment 2

Article 2, point (m)

Article 2, point (m)

| (m) | Serious infringement: a serious infringement as defined in Regulation (EC) No 1447/99 of 24 June 1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy or a serious infringement or a serious violation under the agreement concerned; |
| --- | --- |

(m)

Serious infringement: a serious infringement as defined in Regulation (EC) No 1447/99 of 24 June 1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy or a serious infringement or a serious violation under the agreement concerned;

1447/99

| (m) | Serious infringement: a serious infringement as defined in Regulation (EC) No 1447/1999 of 24 June 1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy, or a serious infringement or a serious violation under the agreement concerned;
  an infringement shall be confirmed by a successful prosecution in accordance with the relevant national legislation; |
| --- | --- |

(m)

Serious infringement: a serious infringement as defined in Regulation (EC) No 1447/1999 of 24 June 1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy, or a serious infringement or a serious violation under the agreement concerned;
  an infringement shall be confirmed by a successful prosecution in accordance with the relevant national legislation;

1447/1999

an infringement shall be confirmed by a successful prosecution in accordance with the relevant national legislation;

Amendment 3

Article 2, point (n)

Article 2, point (n)

| (n) | IUU list: list of fishing vessels identified in the framework of a RFMO as having been involved in illegal, unreported and unregulated fishing; |
| --- | --- |

(n)

IUU list: list of fishing vessels identified in the framework of a RFMO as having been involved in illegal, unreported and unregulated fishing;

| (n) | IUU list: list of fishing vessels identified in the framework of a RFMO
  or by the Commission under Council Regulation (EC) No ... of ... [establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing]

   (1) as having been involved in illegal, unreported and unregulated fishing; |
| --- | --- |

(n)

IUU list: list of fishing vessels identified in the framework of a RFMO
  or by the Commission under Council Regulation (EC) No ... of ... [establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing]

   (1) as having been involved in illegal, unreported and unregulated fishing;

or by the Commission under Council Regulation (EC) No ... of ... [establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing]

1

Amendment 5

Article 3

Article 3

Only Community fishing vessels for which a fishing authorisation has been issued in accordance with this Regulation shall be entitled to engage in fishing activities
  in the waters subject to an agreement
  .

in the waters subject to an agreement

Only Community fishing vessels for which a fishing authorisation has been issued in accordance with this Regulation shall be entitled to engage in fishing activities
  outside Community waters
  .

outside Community waters

Amendment 6

Article 4, paragraph 1

Article 4, paragraph 1

| 1. | When an agreement has been concluded, the Commission shall inform the Member States thereof. |
| --- | --- |

1.

When an agreement has been concluded, the Commission shall inform the Member States thereof.

| 1. | The Commission may seek expressions of interest from the Member States before negotiations start on an agreement, subject to confirmation once negotiations are complete and allocations made.
  When an agreement has been concluded
  by the third country and approved by the Council,
  the Commission shall inform the Member States thereof. |
| --- | --- |

1.

The Commission may seek expressions of interest from the Member States before negotiations start on an agreement, subject to confirmation once negotiations are complete and allocations made.
  When an agreement has been concluded
  by the third country and approved by the Council,
  the Commission shall inform the Member States thereof.

The Commission may seek expressions of interest from the Member States before negotiations start on an agreement, subject to confirmation once negotiations are complete and allocations made.

by the third country and approved by the Council,

Amendment 7

Article 7, paragraph 1, point (a)

Article 7, paragraph 1, point (a)

| (a) | that are not eligible for a fishing authorisation under the agreement concerned
  or are not included in the list of vessels notified in accordance with Article 4
  ; |
| --- | --- |

(a)

that are not eligible for a fishing authorisation under the agreement concerned
  or are not included in the list of vessels notified in accordance with Article 4
  ;

or are not included in the list of vessels notified in accordance with Article 4

| (a) | that are not eligible for a fishing authorisation under the agreement concerned; |
| --- | --- |

(a)

that are not eligible for a fishing authorisation under the agreement concerned;

Amendment 8

Article 7, paragraph 1, point (b)

Article 7, paragraph 1, point (b)

| (b) | that during the previous 12 months of fishing activities under the agreement concerned or, in case of a new agreement, of fishing activities of the agreement that preceded that agreement, have committed a serious infringement, or, where appropriate, have not yet fulfilled the conditions under that agreement for that period; |
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(b)

that during the previous 12 months of fishing activities under the agreement concerned or, in case of a new agreement, of fishing activities of the agreement that preceded that agreement, have committed a serious infringement, or, where appropriate, have not yet fulfilled the conditions under that agreement for that period;

| (b) | that during the previous 12 months of fishing activities under the agreement concerned or, in case of a new agreement, of fishing activities of the agreement that preceded that agreement, have committed a serious infringement, or, where appropriate, have not yet fulfilled the conditions under that agreement for that period
  , except where a penalty has already been imposed on the vessel concerned, where there is evidence that the infringement was not serious, and/or where the owner of the vessel has changed and the new owner provides guarantees that those conditions will be fulfilled. |
| --- | --- |

(b)

that during the previous 12 months of fishing activities under the agreement concerned or, in case of a new agreement, of fishing activities of the agreement that preceded that agreement, have committed a serious infringement, or, where appropriate, have not yet fulfilled the conditions under that agreement for that period
  , except where a penalty has already been imposed on the vessel concerned, where there is evidence that the infringement was not serious, and/or where the owner of the vessel has changed and the new owner provides guarantees that those conditions will be fulfilled.

, except where a penalty has already been imposed on the vessel concerned, where there is evidence that the infringement was not serious, and/or where the owner of the vessel has changed and the new owner provides guarantees that those conditions will be fulfilled.

Amendment 9

Article 7, paragraph 1, point (d)

Article 7, paragraph 1, point (d)

| (d) | for which the
  data
  contained
  in the Community fleet register and the Community fishing authorisation information system within the meaning of Article 16 is

  incomplete or inaccurate
  ; |
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(d)

for which the
  data
  contained
  in the Community fleet register and the Community fishing authorisation information system within the meaning of Article 16 is

  incomplete or inaccurate
  ;

for which the

contained

is

incomplete or inaccurate

| (d) | until such time as incomplete or inaccurate
  data
  concerning them
  in the Community fleet register and the Community fishing authorisation information system within the meaning of Article 16
  have been corrected
  ; |
| --- | --- |

(d)

until such time as incomplete or inaccurate
  data
  concerning them
  in the Community fleet register and the Community fishing authorisation information system within the meaning of Article 16
  have been corrected
  ;

until such time as incomplete or inaccurate

concerning them

have been corrected

Amendment 10

Article 9, paragraph 1, introductory part

Article 9, paragraph 1, introductory part

| 1. | The Commission shall not transmit to the authorising authority applications, with regard to which: |
| --- | --- |

1.

The Commission shall not transmit to the authorising authority applications, with regard to which:

| 1. | The Commission
  , having given the Member States the opportunity to submit their observations,
  shall not transmit to the authorising authority applications, with regard to which: |
| --- | --- |

1.

The Commission
  , having given the Member States the opportunity to submit their observations,
  shall not transmit to the authorising authority applications, with regard to which:

, having given the Member States the opportunity to submit their observations,

Amendment 11

Article 9, paragraph 1, point (a)

Article 9, paragraph 1, point (a)

| (a) | the data provided by the Member State is incomplete; |
| --- | --- |

(a)

the data provided by the Member State is incomplete;

| (a) | the data provided by the Member State is incomplete
  with respect to the requirements of the fisheries agreement in question
  ; |
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(a)

the data provided by the Member State is incomplete
  with respect to the requirements of the fisheries agreement in question
  ;

with respect to the requirements of the fisheries agreement in question

Amendment 12

Article 10

Article 10

Where
  the Commission has reason to believe
  that a Member State has not complied with the obligations referred to in Annex I with regard to a specific agreement,
  it
  shall inform the Member State thereof and give that Member State the opportunity to submit its observations.
  Should the Commission determine
  , in the light of any observations submitted by the Member State,
  that
  a breach of those obligations
  has
  occurred,
  then it shall
  decide, having due regard to the principles of legitimate expectation and proportionality, to exclude the vessels of that Member State from further participation under that agreement.

the Commission has reason to believe

it

Should the Commission determine

that

has

then it shall

Where
  it comes to the Commission's knowledge, on the basis of duly substantiated facts,
  that a Member State has not complied with the obligations referred to in Annex I with regard to a specific agreement,
  the Commission
  shall inform the Member State thereof and give that Member State the opportunity to submit its observations.
  If
  , in the light of any observations submitted by the Member State, a breach of those obligations
  is proven to have
  occurred,
  the Commission may
  decide, having due regard to the principles of legitimate expectation and proportionality, to exclude the vessels of that Member State from further participation under that agreement.

it comes to the Commission's knowledge, on the basis of duly substantiated facts,

the Commission

If

is proven to have

the Commission may

Amendment 13

Article 17, paragraph 1

Article 17, paragraph 1

| 1. | Without prejudice to the provisions laid down in Titles II and IIa of Regulation (EC) No 2847/93, Community fishing vessels for which a fishing authorisation has been issued under Section II or Section III shall transmit
  on a daily basis
  to their competent national authority the data concerning their catches and fishing effort. |
| --- | --- |

1.

Without prejudice to the provisions laid down in Titles II and IIa of Regulation (EC) No 2847/93, Community fishing vessels for which a fishing authorisation has been issued under Section II or Section III shall transmit
  on a daily basis
  to their competent national authority the data concerning their catches and fishing effort.

(EC)

on a daily basis

| 1. | Without prejudice to the provisions laid down in Titles II and IIa of Regulation (EEC) No 2847/93, Community fishing vessels for which a fishing authorisation has been issued under Section II or Section III shall transmit to their competent national authority the data concerning their catches and fishing effort
  with a frequency appropriate to each agreement and fishery concerned. The transmission requirements shall be compatible with those contained in Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensing

   (2). |
| --- | --- |

1.

Without prejudice to the provisions laid down in Titles II and IIa of Regulation (EEC) No 2847/93, Community fishing vessels for which a fishing authorisation has been issued under Section II or Section III shall transmit to their competent national authority the data concerning their catches and fishing effort
  with a frequency appropriate to each agreement and fishery concerned. The transmission requirements shall be compatible with those contained in Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensing

   (2).

(EEC)

with a frequency appropriate to each agreement and fishery concerned. The transmission requirements shall be compatible with those contained in Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensing

2

Amendment 14

Article 19, paragraph 1

Article 19, paragraph 1

| 1. | Without prejudice to Article 26(4) of Regulation (EC) No 2371/2002 and Article 21(3) of Regulation (EC) No 2847/93, when a Member State considers that the fishing opportunities which have been allocated to it have been exhausted, it shall immediately prohibit fishing activities for the respective area, stock or group of stocks. |
| --- | --- |

1.

Without prejudice to Article 26(4) of Regulation (EC) No 2371/2002 and Article 21(3) of Regulation (EC) No 2847/93, when a Member State considers that the fishing opportunities which have been allocated to it have been exhausted, it shall immediately prohibit fishing activities for the respective area, stock or group of stocks.

(EC)

| 1. | Without prejudice to Article 26(4) of Regulation (EC) No 2371/2002 and Article 21(3) of Regulation (EEC) No 2847/93, when a Member State considers that the fishing opportunities which have been allocated to it have been exhausted, it shall immediately prohibit fishing activities for the respective area, stock or group of stocks
  , and suspend those authorisations which have already been granted
  . |
| --- | --- |

1.

Without prejudice to Article 26(4) of Regulation (EC) No 2371/2002 and Article 21(3) of Regulation (EEC) No 2847/93, when a Member State considers that the fishing opportunities which have been allocated to it have been exhausted, it shall immediately prohibit fishing activities for the respective area, stock or group of stocks
  , and suspend those authorisations which have already been granted
  .

(EEC)

, and suspend those authorisations which have already been granted

Amendment 15

Article 19, paragraph 3

Article 19, paragraph 3

| 3. | Where fishing authorisations have been issued for mixed fisheries and one of the stocks or group of stocks concerned is deemed to be exhausted, the Member State shall prohibit
  all fishing activities that are part of the mixed fisheries
  . |
| --- | --- |

3.

Where fishing authorisations have been issued for mixed fisheries and one of the stocks or group of stocks concerned is deemed to be exhausted, the Member State shall prohibit
  all fishing activities that are part of the mixed fisheries
  .

all fishing activities that are part of the mixed fisheries

| 3. | Where fishing authorisations have been issued for mixed fisheries and one of the stocks or group of stocks concerned is deemed to be exhausted, the Member State shall prohibit
  the specific activities which threaten endangered stocks
  . |
| --- | --- |

3.

Where fishing authorisations have been issued for mixed fisheries and one of the stocks or group of stocks concerned is deemed to be exhausted, the Member State shall prohibit
  the specific activities which threaten endangered stocks
  .

the specific activities which threaten endangered stocks

Amendment 16

Article 20, paragraph 1

Article 20, paragraph 1

| 1. | If a Community fishing vessel has committed a serious infringement, the Member State shall ensure that the vessels will no longer be allowed to make use of the fishing authorisation issued under the agreement concerned for the remaining duration of that authorisation and shall inform the Commission thereof without delay by electronic transmission. |
| --- | --- |

1.

If a Community fishing vessel has committed a serious infringement, the Member State shall ensure that the vessels will no longer be allowed to make use of the fishing authorisation issued under the agreement concerned for the remaining duration of that authorisation and shall inform the Commission thereof without delay by electronic transmission.

| 1. | If a Community fishing vessel has committed a serious infringement
  when fishing under an agreement
  , the Member State shall ensure that the vessels will no longer be allowed to make use of the fishing authorisation issued under the agreement concerned for the remaining duration of that authorisation and shall inform the Commission thereof without delay by electronic transmission. |
| --- | --- |

1.

If a Community fishing vessel has committed a serious infringement
  when fishing under an agreement
  , the Member State shall ensure that the vessels will no longer be allowed to make use of the fishing authorisation issued under the agreement concerned for the remaining duration of that authorisation and shall inform the Commission thereof without delay by electronic transmission.

when fishing under an agreement

Amendment 17

Article 20, paragraph 3

Article 20, paragraph 3

| 3. | Inspection and surveillance reports drawn up by Commission inspectors, Community inspectors, inspectors of the Member States or inspectors of a third country, which is party to the agreement concerned, shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated equally to inspection and surveillance reports of the Member State. |
| --- | --- |

3.

Inspection and surveillance reports drawn up by Commission inspectors, Community inspectors, inspectors of the Member States or inspectors of a third country, which is party to the agreement concerned, shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated equally to inspection and surveillance reports of the Member State.

| 3. | Inspection and surveillance reports drawn up by Commission inspectors, Community inspectors, inspectors of the Member States or inspectors of a third country, which is party to the agreement concerned, shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated equally to inspection and surveillance reports of the Member State
  in accordance with the relevant national legislation
  . |
| --- | --- |

3.

Inspection and surveillance reports drawn up by Commission inspectors, Community inspectors, inspectors of the Member States or inspectors of a third country, which is party to the agreement concerned, shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated equally to inspection and surveillance reports of the Member State
  in accordance with the relevant national legislation
  .

in accordance with the relevant national legislation

Amendment 18

Article 21, paragraph 1, point (a)

Article 21, paragraph 1, point (a)

| (a) | For
  all concerned users of the Member States and
  concerned
  authorising authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to
  that
  data they need in the framework of the fishing authorisation process. |
| --- | --- |

(a)

For
  all concerned users of the Member States and
  concerned
  authorising authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to
  that
  data they need in the framework of the fishing authorisation process.

all concerned users of the Member States and

concerned

that

| (a) | For authorising authorities concerned on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to those data they need in the framework of the fishing authorisation process. |
| --- | --- |

(a)

For authorising authorities concerned on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to those data they need in the framework of the fishing authorisation process.

concerned

those

Amendment 19

Article 21, paragraph 1, point (b)

Article 21, paragraph 1, point (b)

| (b) | For
  all concerned users of
  the competent inspection authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to
  that
  data they need in the framework of their inspection activities. |
| --- | --- |

(b)

For
  all concerned users of
  the competent inspection authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to
  that
  data they need in the framework of their inspection activities.

all concerned users of

that

| (b) | For the competent inspection authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to those data they need in the framework of their inspection activities. |
| --- | --- |

(b)

For the competent inspection authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to those data they need in the framework of their inspection activities.

those

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(1)  
  COM(2007)0602.

1

COM(2007)0602.

(2)  

  OJ L 409, 30.12.2006, p. 1

  .

2

OJ L 409, 30.12.2006, p. 1

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