# EUR-Lex - 52005AP0049 - EN

Important legal notice

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# 52005AP0049

**14. RC — B6-0106/2005 — Legislative and work programme — Paragraph 24, 3rd part **

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Official Journal 304 E , 01/12/2005 P. 0369 - 0373 *

P6_TA(2005)0049

Transfers of vessels to countries hit by the tsunami in 2004 *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 2792/1999 as regards a specific action for transfers of vessels to countries hit by the Tsunami in 2004 (COM(2005)0036 — C6-0036/2005 — 2005/0005(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2005)0036) [1],

- having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0036/2005),

- having regard to Rules 51 and 134 of its Rules of Procedure,

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;

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;

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

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 6

TITLE

Proposal for a Council regulation amending Regulation (EC) No 2792/1999 as regards a specific action for transfers of vessels to countries hit by the Tsunami in 2004. | Proposal for a Council regulation on a specific action for the countries hit by the Tsunami in 2004 and providing for the amendment of Regulation (EC) No 2792/1999 to enable transfers of vessels to countries affected. |

Amendment 7

RECITAL 1A (new)

| (1a) The Community funds intended for humanitarian aid should also be used to rebuild the fisheries sector in the countries affected. |

Amendment 8

RECITAL 1B (new)

| (1b) Independently of such aid, the countries concerned should be able to ask the EU to send fishing vessels, as a first measure aimed at resolving the problems of supplying the local population with fisheries products and at initiating the reconstruction of the fish-catching industry in certain areas. |

Amendment 21

RECITAL 4A (new)

| (4a) The possibility of transferring Community vessels is only one part of the wider effort to help those communities to rebuild their fishing infrastructure, and recognition should be given to the fact that other forms of help may be more appropriate, such as the direct transfer of funds or the use of the skills available in the Community's own fishing communities. |

Amendment 13

RECITAL 5

(5) To meet the needs of those communities, only vessels which are fully seaworthy, well-equipped and of an overall length of less than 12 metres should be eligible for the measures provided for by this Regulation. | (5) To meet the needs of those communities, only vessels which are fully seaworthy, well-equipped, adapted to local needs as defined by the FAO and of an overall length of less than 12 metres should be eligible for the measures provided for by this Regulation. |

Amendment 14

RECITAL 6

(6) It is appropriate to provide for the grant of an additional premium to cover the expenses incurred by public or private organisations for the transport of the vessels to the third countries and to compensate owners for equipping their vessels and making them fully seaworthy. | (6) It is appropriate to provide for the grant of an additional premium to cover the expenses incurred by public or private organisations for the transport of the vessels to the third countries and to compensate owners for equipping their vessels and making them fully seaworthy, well-equipped and adapted to local needs as defined by the FAO. |

Amendment 9

RECITAL 9A (new)

| (9a) The Council should therefore earmark a sum from the budget heading for humanitarian aid for cooperation in the reconstruction of the fisheries sector in the countries affected by the December 2004 tsunami. |

Amendment 22

RECITAL 9B (new)

| (9b) Nothing in this Regulation should be taken as a positive commitment to transfer any vessels to the affected areas. Rather, it merely opens up the possibility of such transfers taking place if the criteria specified in this Regulation are fulfilled. |

Amendment 10

RECITAL 10

(10) Council Regulation (EC) 2792/1999 of 17 December 1999 should therefore be amended accordingly. | (10) For cases where the countries affected ask for the transfer of vessels, consideration should therefore be given to amending Council Regulation (EC) 2792/1999 of 17 December 1999. |

Amendment 11

ARTICLE -1 (new)

| Article -1 1. The European Union shall allocate a sum of {...} in aid to the fisheries sectors affected by the December 2004 tsunami. It shall send experts and fishermen with the requisite skills to help in reconstructing the affected fisheries industry. 2. This aid and technical assistance shall have as its primary objectives: reconstruction of shipyards for the purpose of building fishing vessels;rehabilitation of fishing ports;rehabilitation of the port infrastructures needed for the unloading and sale of catch;reconstruction and equipping of freezer storage facilities. 3. The sum allocated in aid pursuant to paragraph 1 shall be fixed by the Council and shall be charged to heading 23 02 01 of Category 4 of the European Union budget (humanitarian aid). |

Amendment 12

ARTICLE 1, INTRODUCTORY PART

Regulation (EC) No 2792/1999 is hereby amended as follows: | In order to provide for cases where the countries affected ask the EU to transfer vessels in order to initiate the reconstruction of their fish-catching sectors, Regulation (EC) No 2792/1999 is hereby amended as follows: |

Amendments 15 and 1

ARTICLE 1, POINT 1, POINT (B)Article 7, paragraph 3, point (d), point (ii), (Regulation (EC) No 2792/1999)

(ii)the Member State which authorizes the transfer must ensure that the vessel is fully seaworthy and equipped for fishing activity, is transferred to a region affected by the tsunami for the benefit of the fishing communities having suffered the consequences of it and that adverse effects on the fisheries resources and the local economy are kept to a minimum. | (ii)the Member State which authorizes the transfer must ensure that the vessel is fully seaworthy and equipped for fishing activity, suitable for fishing activities in the third countries concerned and transferred to a region affected by the tsunami for the benefit of the fishing communities having suffered the consequences of it and must ensure that there will be no adverse effects either on the sustainability of fisheries resources or on the local economy. |

Amendment 3

ARTICLE 1, POINT 1, POINT (B)Article 7, paragraph 3, point (d), point (iii), (Regulation (EC) No 2792/1999)

(iii)the transfer must meet the needs identified by the assessment of the FAO and be in accordance with the third country's requests. | (iii)the transfer must meet the needs identified by the assessment of the FAO and be in accordance with the third country's requests. This must be ascertained by a preassessment process including the FAO, specialised NGOs and representatives of local fishing communities and must include the design of the vessel, the fishing operations it is intended for, the fishing equipment it is to carry and the size and other technical specifications of the engine. |

Amendment 20

ARTICLE 1, POINT 1, POINT (B)Article 7, paragraph 3, point (d), point (iiia) (new), (Regulation (EC) No 2792/1999)

| (iiia)the new owner of the vessel is either a citizen of the third country, if a natural person, or, if a legal person, is owned by citizens of the third country. |

Amendment 2

ARTICLE 1, POINT 1, POINT (B)Article 7, paragraph 3, point (d), point (iiib) (new), (Regulation (EC) No 2792/1999)

| (iiib)the transfer is accompanied by appropriate training and educational measures, in order to ensure that fishermen are sufficiently knowledgeable and have the necessary skills to work the equipment, guaranteeing safety on board vessels and the overall sustainability of fisheries. |

Amendment 4

ARTICLE 1, POINT 1, POINT (C)Article 7, paragraph 6, point (ii), indent 2, (Regulation (EC) No 2792/1999)

—to compensate the vessel owner benefiting from the premium for equipping the vessel and making it fully seaworthy. | —to compensate the vessel owner benefiting from the premium for equipping the vessel and making it fully seaworthy and suitable for fishing activities in the third countries concerned. |

Amendment 5

ARTICLE 1, POINT 3Article 18a (Regulation (EC) No 2792/1999)

Suspension of the transfer of vessels pursuant to Article 7(3)(d) The Commission may suspend the transfer of a vessel pursuant to Article 7 (3) (d) if it considers that such a transfer does not comply with the conditions laid down therein. | Procedure relating to the transfer of vessels pursuant to Article 7(3)(d) 1. Member States shall notify the Commission of the vessels for which a transfer pursuant to Article 7 (3) (d) is envisaged as well as the intended destination. 2. Within two months of such notification, the Commission may inform the Member State concerned that the transfer does not comply with the conditions laid down in Article 7 (3) (d), in particular 7 (3) (d) (iii). If the Commission does not inform the Member State concerned within two months, that Member State may proceed with the transfer. |

[1] Not yet published in OJ.

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