P6_TA(2007)0220
Conservation and enforcement measures applicable in the Regulatory Area of the
Northwest Atlantic Fisheries Organisation *
European Parliament legislative resolution of 7 June 2007 on the proposal for a Council regulation
laying down conservation and enforcement measures applicable in the Regulatory Area of the
Northwest Atlantic Fisheries Organisation (COM(2006)0609 —C6-0403/2006 —2006/0200(CNS))
(Consultation procedure)
The European Parliament ,
— having regard to the Commission proposal to the Council (COM(2006)0609) (1),
— having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament
(C6-0403/2006),
— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of the Committee on Fisheries (A6-0162/2007),
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 COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 1
Article 4
By-catch requirements By-catch retained on board
1. Fishing vessels may not conduct directed fisheries for spe-
cies for which by catch limits apply. A directed fishery for aspecies is conducted when that species comprises the largestpercentage by weight of the catch in any one haul .1. Fishing vessels shall limit their by-catch to a maximum
of 2 500 kg or 10 %, whichever is the greater, for each specieslisted in Annex I for which no quota has been allocated inthat Division to the Community .
(1) Not yet published in OJ.C 125 E/100 EN 22.5.2008 Official Journal of the European Union
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2. By-catches of the species for which no quotas have been
fixed by the Community for a part of the NAFO RegulatoryArea and taken in that part when fishing directly for any
species may not exceed for each species 2 500 kg or 10 % by
weight of the total catch retained on board, whichever is thegreater. However, in a part of the NAFO Regulatory Areawhere directed fishing of certain species is banned or an‘others ’quota has been fully utilised, by-catches of each of
such species may not exceed 1 250 kg or 5 % respectively .2. In cases where a ban on fishing is in force or an ‘others ’
quota has been fully utilised, the by-catch of the species con-cerned may not exceed 1 250 kg or 5 %, whichever is the
greater .
3. Whenever the total amounts of species subject to by-
catch limits in any haul exceed the limits laid down in para-graph 2, whichever is applicable, vessels shall immediatelymove a minimum of five nautical miles away from the pre-vious haul position. Whenever the total amounts of speciessubject to by-catch limits in any future haul exceed those lim-its, vessels shall again immediately move a minimum of fivenautical miles away from the previous haul position and shallnot return to the Area for at least 48 hours .3. The percentages in paragraphs 1 and 2 shall be calcu-
lated as the percentage, by weight, for each species of thetotal catch retained on board. Catches of shrimp shall not beincluded in the calculation of by-catch levels of groundfishspecies .
4. In the event that total by catches of all species in any
haul exceed 5 % by weight in Division 3M and 2.5 % in Divi-sion 3L, vessels fishing for shrimp (Pandalus borealis), shallimmediately move a minimum of 5 nautical miles from theposition of the previous haul.
5. Catches of shrimp shall not be used in the calculation of
by-catch level of groundfish species.
Amendment 2
Article 4a (new)
Article 4(a)By-catch in any one haul1. If the percentages of by-catches in any one haul exceed
the percentages laid down in Article 4(1) and (2) the vesselshall immediately move a minimum of 5 nautical miles fromany position of the previous tow and throughout the next towkeep a minimum distance of 10 nautical miles from any posi-tion of the previous tow. If after moving, the next haul
exceeds these by-catch limits the vessel shall leave the Division
and not return for at least 60 hours.
2. Should total by-catches of all ground fish species subject
to quota in any haul in the shrimp fishery exceed 5 % byweight in Division 3M or 2,5 % by weight in Division 3L,the vessel shall move a minimum of 10 nautical miles fromany position of the previous tow and throughout the next towkeep a minimum distance of 10 nautical miles from any posi-tion of the previous tow. If after moving, the next haulexceeds these by-catch limits the vessel shall leave the Divisionand not return for at least 60 hours.22.5.2008 EN C 125 E/101 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
3. The percentage of by-catch authorised in any one haul
shall be calculated as the percentage, by weight, for each spe-cies of the total catch in that haul.
Amendment 3
Article 4b (new)
Article 4(b)Directed fishery and by-catch
1. Masters of Community vessels shall not conduct directed
fisheries for species for which by-catch limits apply. A directedfishery for a species shall be considered to have been con-ducted when that species comprises the largest percentage byweight of the total catch in any one haul.
2. However, when a vessel is conducting a directed fishery
for skate with a legal mesh size appropriate for that fishery,the first time that, in a haul, catches of species for which by-catch limits apply comprise the largest percentage by weightof the total catch, they shall be considered as incidental. Inthis event the vessel shall immediately change position inaccordance with Article 4a(1) and (2).
3. Following an absence from a Division of at least 60
hours in accordance with the provisions of Article 4a(1) and(2), masters of Community vessels shall undertake a trial towthe duration of which shall not exceed 3 hours. By way ofderogation from paragraph 1 of this Article, if in a haulfrom such a trial tow catches of species for which by-catchlimits apply comprise the largest percentage by weight of thetotal catch, it shall not be considered as a directed fishery. Inthis event the vessel shall immediately change position inaccordance with Article 4a(1) and (2).
Amendment 4
Article 5
The use of trawl net having in any section thereof net meshes of
dimensions less than 130 mm shall be prohibited for direct ed
fishing of the groundfish species referred to in Annex I. This
mesh size may be reduced to a minimum of 60 mm for directfishing of short-finned squid (Illex illecebrosus) . For direct fishing
of skates (Rajidae) this mesh size shall be increased to minimum
of 280 mm in the cod-end and 220 mm in all other parts ofthe trawl.1. The use of trawl net having in any section thereof net
meshes of dimensions less than 130 mm shall be prohibitedfor direct fishing of the groundfish species referred to inAnnex I , except for fishing for Sebastes mentella as referred
to in paragraph 3. That mesh size may be reduced to a mini-
mum of 60 mm for direct fishing of short-finned squid (Illex
illecebrosus) . For direct fishing of skates (Rajidae) that mesh size
shall be increased to a minimum of 280 mm in the cod-endand 220 mm in all other parts of the trawl.
Vessels fishing for shrimp (Pandalus borealis) shall use nets with a
minimum mesh size of 40 mm.2. Vessels fishing for shrimp (Pandalus borealis) shall use nets
with a minimum mesh size of 40 mm.
3. Vessels fishing for pelagic Sebastes mentella (Oceanic
redfish) in Sub-Area 2 and Division 1F and 3K shall usenets with a minimum mesh size of 100 mm.C 125 E/102 EN 22.5.2008 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 5
Article 6
1. When fishing directly for one or more of the species listed
in Annex I, vessels may not carry nets with a mesh size smallerthan that laid down in Article 5.1. When fishing directly for one or more of the species listed
in Annex I, Community vessels shall not carry nets with a mesh
size smaller than that laid down in Article 5.
2. However, vessels fishing in the course of the same voyage
in Areas other than the NAFO Regulatory Area may keep onboard nets with a mesh size smaller than that laid down in
Article 5 provided they are securely lashed and stowed and are
not available for immediate use. Those nets must2. However, Community vessels fishing in the course of the
same voyage in areas other than the NAFO Regulatory Areamay keep on board nets with a smaller mesh size than that
laid down in Article 5 provided they are securely lashed and
stowed and are not available for immediate use. Such nets must:
(a) be unshackled from their boards and their hauling or
trawling cables and ropes and,(a) be unshackled from their boards and their hauling or
trawling cables and ropes; and
(b) if they are carried on or above the deck, be lashed securely
to a part of the superstructure.(b) if they are carried on or above the deck, be lashed securely
to a part of the superstructure.
Amendment 6
Article 10, title and paragraph 1, introductory part
Special requirements for data collection Fisheries restricted areas
1. Member States shall implement, where possible, special
requirements for data collection for vessels fishing in the fol-
lowing Areas:The conduct of fishing activities involving demersal fishing
gears shall be prohibited in the following Areas:
Amendment 7
Article 10, paragraphs 2 and 3
2. Data to be collected in accordance with paragraph 1
should be collected on a set by set basis and should, to theextent possible, include:deleted
(a) Species composition in numbers and weight;
(b) Length frequencies;
(c) Otoliths;
(d) Set location, latitudes and longitudes;
(e) Fishing gear;(f) Depth fished;
(g) Time of day;
(h) Duration of set;
(i) Tow opened (for mobile gear);
(j) Other biological sampling such as maturity where
possible.22.5.2008 EN C 125 E/103 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
3. The data collected in accordance with paragraph 1 shall
be reported to the competent authorities of member States foronward transmission to NAFO Secretariat as soon as possible
after the end of each fishing trip.
Amendment 8
Article 12, paragraph 2
2. Each Member State shall inform the Commission in com-
puter readable form, at least 15 days before the vessel enters theNAFO Regulatory Area, of any amendment to its list of vesselsflying its flag and registered in the Community that areauthorised to fish in the NAFO Regulatory Area. The Commis-sion shall forward those amendments promptly to the NAFO
Secretariat.2. Each Member State shall inform the Commission in com-
puter readable form, at least 15 days before the new vesselenters the NAFO Regulatory Area, of any amendment to its listof vessels flying its flag and registered in the Community thatare authorised to fish in the NAFO Regulatory Area. The Com-mission shall forward this information promptly to the NAFO
Secretariat.
Amendment 9
Article 13, paragraph 1
1. Member States may allow that a fishing vessel flying their
flag and authorised to fish in the NAFO Regulatory Area to besubject to a chartering arrangement for the utilisation in part orin full of a quota and/or fishing days allocated to another Con-tracting Party of NAFO.1. Member States may allow a fishing vessel flying their flag
and authorised to fish in the NAFO Regulatory Area to be sub-ject to a chartering arrangement for the utilisation in part or infull of a quota and/or fishing days allocated to another Con-tracting Party of NAFO. Chartering arrangements involving
vessels identified by NAFO or any other regional fisheries
organisation as having been involved in illegal, unreported
and unregulated (IUU) fishing activities shall, however, notbe permitted.
Amendment 10
Article 14, paragraph 5
5. Member States shall, no later than 31 December each
year, report to the Commission on the implementation of theirfishing plans. Those reports shall include the number of vesselsactually engaged in fishing activities in the NAFO Regulatory
Area, the catches of each vessel and the total number of days
each vessel fished in that Area. Activities of vessels fishing forshrimp in Divisions 3M and 3L shall be reported separately foreach Division.5. Member States shall, no later than 15 January each year,
report to the Commission on the implementation of their fish-ing plans. Those reports shall include the number of vesselsactually engaged in fishing activities in the NAFO Regulatory
Area, the catches of each vessel and the total number of days
each vessel fished in that Area. Activities of vessels fishing forshrimp in Divisions 3M and 3L shall be reported separately foreach Division
Amendment 11
Article 16
Community vessels shall not engage in transhipment operations
in the NAFO Regulatory Area unless they have received priorauthorisation to do so from their competent authorities.1. Community vessels shall not engage in transhipment
operations in the NAFO Regulatory Area unless they havereceived prior authorisation to do so from their competentauthorities.
2. Community vessels shall not engage in operations invol-
ving the trans-shipment of fish from or to a non-contractingparty vessel which has been identified through sighting orotherwise as having engaged in fishing activities in theNAFO Regulatory Area.C 125 E/104 EN 22.5.2008 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
3. Community vessels shall report each trans-shipment in
the NAFO Regulatory Area to their competent authorities.Donor vessels shall make that report at least 24 hours in
advance and receiving vessels not later than one hour after
the trans-shipment.
4. The report referred to in paragraph 3 shall include the
time, the geographical position, the total round weight by spe-cies to be off-loaded or on-loaded in kilograms and the callsign of vessels involved in the trans-shipment.
5. The receiving vessel shall report, in addition to the total
catch on board and the total weight to be landed, the name ofthe port and the expected time of landing at least 24 hours inadvance of any landing.
6. Member States shall promptly transmit the reports refer-
red to in paragraphs 3 and 5 to the Commission, which shallpromptly forward them to the NAFO Secretariat.
Amendment 12
Article 17, paragraphs 1 to 4
1. In addition to complying with Articles 6, 8, 11 and 12 of
Regulation (EEC) No 2847/93, masters of vessels shall enter inthe fishing logbook the information listed in Annex IV.1. In addition to complying with Articles 6, 8, 11 and 12 of
Regulation (EEC) No 2847/93, masters of vessels shall enter inthe fishing logbook the information listed in Annex IV.
1a. Before the 15th of each month, each Member State
shall, in computer-readable form, notify the Commission ofthe quantities of stocks specified in Annex II landed duringthe preceding month and communicate any informationreceived under Articles 11 and 12 of Regulation (EEC)No 2847/93.
2. The masters of a Community vessel shall, in respect of
catches of the species referred to in Article 15(1) of Regulation(EEC) No 2847/93, keep:2. The masters of a Community vessel shall, in respect of
catches of the species referred to in Article 15(1) of Regulation(EEC) No 2847/93, keep:
(a) a production logbook stating their cumulative production
by species on board in product weight stated in kilograms;(a) a production logbook stating their cumulative production
by species on board in product weight stated in kilograms;
(b) a stowage plan that shows the location of the different spe-
cies in the holds.(b) a stowage plan that shows the location of the different spe-
cies in the holds . In the case of shrimp, vessels shall keep
a stowage plan that specifies the location of shrimp takenin Division 3L and in Division 3M as well as the quan-tities of shrimp by Division on board in product weightstated in kilograms.
3. The production logbook and stowage plan referred to in
paragraph 2 shall be updated on a daily basis for the precedingday reckoned from 00.00 hrs (UTC) until 24.00 hrs (UTC) andshall be kept onboard until the vessel has unloaded completely.3. The production logbook and stowage plan referred to in
paragraph 2 shall be updated on a daily basis for the precedingday reckoned from 00.00 hrs (UTC) until 24.00 hrs (UTC) andshall be kept onboard until the vessel has unloaded completely.22.5.2008 EN C 125 E/105 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
4. The master shall provide the necessary assistance to enable
the quantities declared in the production logbook and the pro-cessed products stored on board to be verified.4. The master of a Community vessel shall provide the
necessary assistance to enable the quantities declared in the pro-duction logbook and the processed products stored on board to
be verified.
Amendment 13
Article 18
1 All processed fish harvested in the NAFO Regulatory Area
shall be labelled in such a way that each species and productcategory as referred to in Article 1 of Council Regulation (EC)No 104/2000 is identifiable. It shall also be marked as havingbeen caught in the NAFO Regulatory Area.1. All processed fish harvested in the NAFO Regulatory Area
shall be labelled in such a way that each species and productcategory as referred to in Article 1 of Council Regulation (EC)No 104/2000 of 17 December 1999 on the common organisa-
tion of the markets in fishery and aquaculture products (
1) and
in the case of shrimp the date of capture is identifiable. It shall
also be marked as having been caught in the NAFO RegulatoryArea.
2. All shrimp harvested in Division 3L and all Greenland
halibut harvested in Sub-Area 2 and Divisions 3KLMNO shallbe marked as having been caught in these respective zones.2. All shrimp harvested in Division 3L and 3M and all
Greenland halibut harvested in Subarea 2 and Divisions3KLMNO shall be marked as having been caught in theserespective zones.
3. Catches of the same species may be stowed in more than
one part of the hold, but in each part of the hold where it is
stowed it shall be kept clearly separate (for example by plastic,
plywood, netting, etc.) from catches of other species.3. Taking into account consideration for the legitimate
safety and navigational responsibilities of the master of the
vessel, the following shall apply:
(a) all catches taken inside the NAFO Regulatory Area shall
be stowed separately from all catches taken outside thearea. They shall be kept clearly separate, for examplewith plastic, plywood or netting;
(b) catches of the same species may be stowed in more than
one part of the hold but the location where it is stowedshall be clearly represented in the stowage plan referred toin Article 17.
Similarly all catches taken inside the NAFO Convention Area
Convention Area shall be stowed separately from all catchestaken outside the Area.
(1) OJ L 17, 21.1.2000, p. 22. Regulation as amended by Regulation
(EC) No 1759/2006 (OJ L 335, 1.12.2006, p. 3).
Amendment 14
Article 42
1. Where a Member State is notified of an infringement
committed by a vessel flying its flag, it shall take promptaction in conformity with its national law to receive andexamine the evidence and conduct any further investigationsnecessary for action to be taken as a result of the infringe-ment and, where possible, inspect the vessel.1. The competent authorities of a Member State notified
of an infringement committed by one of its vessels shall inves-tigate that infringement immediately and fully to obtain theevidence required which shall include, where appropriate, thephysical inspection of the vessel concerned.C 125 E/106 EN 22.5.2008 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
2. Member States shall cooperate with the authorities of
the Contracting Party carrying out an inspection to ensurethat evidence of the infringement is prepared and preserved
in a form which facilitates judicial action.2. The competent authorities of the Member State shall
take immediate judicial or administrative action in accordancewith their national legislation against the nationals responsi-
ble for the vessel flying its flag where the measures adopted
by NAFO have not been respected.
3. Member States shall designate the authorities responsi-
ble for receiving evidence of infringements and inform theCommission of their address.3. The competent authorities of the flag Member State
shall ensure that the proceedings initiated pursuant to para-graph 2 are capable, in accordance with the relevant provi-sions of national law, of providing effective measures that areadequate in severity, secure compliance, deprive those respon-sible of the economic benefit of the infringement and effec-tively discourage future infringements.
Amendment 15
Article 47a (new)
Article 47aEnhanced follow-up with regard to certain serious
infringements
1. In addition to the provisions of this Section, in particu-
lar Articles 46 and 47, the flag Member State shall takeaction under this Section where a vessel flying its flag hascommitted one of the following serious infringements:
(a) directed fishing for a stock which is subject to a morator-
ium or for which fishing is prohibited;
(b) mis-recording of catches. To be considered for follow-up
action under this Article the difference between theinspector's estimates of processed catch on board, by spe-cies or in total, and the figures recorded in the productionlogbook shall be 10 tons or 20 %, whichever is thegreater, calculated as a percentage of the production log-book figures. In order to calculate the estimate of thecatch on board a stowage factor agreed between theinspectors of the inspecting Contracting Party and theContracting Party of the inspected vessel shall be used;
(c) the repetition of the same serious infringement mentioned
in Article 43, that has been confirmed in accordance withArticle 44(4) during a 100-day period or within the fish-ing trip, whichever is shorter.
2. The flag Member State shall ensure that following the
inspection referred to in paragraph 3 the vessel concerned
ceases all fishing activities and an investigation into the ser-ious infringement is initiated.
3. If no inspector or other person designated by the flag
Member State of the vessel to carry out the investigation asoutlined in paragraph 1 is present in the Regulatory area theflag Member State shall require the vessel to proceed immedi-ately to a port where the investigation can be initiated.22.5.2008 EN C 125 E/107 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
4. When completing the investigation for any serious
infringement of mis-recording of catch referred to in para-graph 1(b) the flag Member State shall ensure that the physi-
cal inspection and enumeration of total catch on board takes
place under its authority in port. Such inspection may takeplace in the presence of an inspector from any another Con-tracting Party that wishes to participate, subject to the con-sent of the flag Member State.
5. When a vessel is required to proceed to port pursuant to
paragraphs 2, 3 and 4, an inspector from another ContractingParty may board and/or remain on board the vessel as it isproceeding to port, provided that the competent authority ofthe Member State of the inspected vessel does not require the
inspector to leave the vessel.
Amendment 16
Article 47b (new)
Article 47b
Enforcement measures
1. Each flag Member State shall take enforcement mea-
sures with respect to a vessel, where it has been established,in accordance with its laws that this fishing vessel flying itsflag committed a serious infringement as referred to inArticle 47a.
2. The measures referred to in paragraph 1 may include in
particular, depending on the gravity of the offence and inaccordance with the pertinent provisions of national law:
(a) fines;
(b) seizure of illegal fishing gear and catches;
(c) sequestration of the vessel;(d) suspension or withdrawal of fishing authorisation;
(e) reduction or withdrawal of the fishing quota.
3. The flag Member State of the vessel concerned shall
notify to the Commission without delay the appropriate mea-sures taken in accordance with this Article. Based on thisnotification, the Commission shall notify the NAFO Secretar-
iat of those measures.
Amendment 17
Article 47c (new)
Article 47c
Report on infringements
1. In the case of a serious infringement as referred to in
Article 47a, the Member State concerned shall provide theCommission with a report on the progress of the investigation,C 125 E/108 EN 22.5.2008 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
including details of any action taken or proposed to be taken
in relation to the serious infringement as soon as practicableand in any case within three months following the notification
of the infringement and a report on the outcome of the inves-
tigation when the investigation is completed.
2. The Commission shall compile a Community report on
the basis of the reports of the Member States. It shall sendthe Community report on the progress of the investigation tothe NAFO Secretariat within four months following the noti-fication of the infringement and as soon as possible the reporton the outcome of the investigation when the investigation is
completed.
Amendment 18
Article 48
1. Member States shall treat reports drawn up by the
inspectors of other Contracting Parties and other MemberStates on the same basis as reports from its own inspectors.1. Inspection and surveillance reports drawn up by NAFO
inspectors shall constitute admissible evidence for judicial oradministrative proceedings of any Member State. For the pur-pose of establishing facts, those reports shall be treated on the
same basis as inspection and surveillance reports of their own
inspectors.
2. Member States shall cooperate with the relevant Contract-
ing Parties in order to facilitate judicial or other proceedings in
accordance with their national law, arising from a report sub-
mitted by an inspector under the NAFO Scheme.2. Member States shall collaborate in order to facilitate judi-
cial or other proceedings arising from a report submitted by an
inspector under this scheme, subject to the rules governing
the admissibility of evidence in domestic judicial and othersystems.
Amendment 19
Article 51, paragraph 2, point (d)
(d) the zone or zones in the NAFO Regulatory Area where the
catch was made.(d) the division or divisions or zones in the NAFO Regulatory
Area where the catch was made.
Amendment 20
Article 58
Measures in respect of Non-Contracting party vessels Measures in respect of IUU vessels
1. Member States shall take all necessary measures in
accordance with national and Community law, in order that1. The following measures shall apply to vessels that have
been placed by NAFO on the list of IUU vessels in AnnexXVII, Appendix 2, of Council Regulation (EC) No 41/2007of 21 December 2006 fixing for 2007 the fishing opportu-nities and associated conditions for certain fish stocks andgroups of fish stocks, applicable in Community waters and,for Community vessels, in waters where catch limitations arerequired (
1):
(a)no license or special fishing permit is issued to vessels
appearing in the IUU list to fish in waters under theirsovereignty or jurisdiction;(a)fishing vessels, support vessels, refuel vessels, mother-ship
and cargo vessels flying the flag of a Member State shallnot in any way assist IUU vessels, engage in fish proces-sing operations or participate in any transhipment orjoint fishing operations with vessels on the IUU vesselslist;22.5.2008 EN C 125 E/109 Official Journal of the European Union
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BY THE COMMISSIONAMENDMENTS
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(b)their flag is not granted to vessels appearing on the IUU
list;(b)IUU vessels shall not be supplied in ports with provisions,
fuel or other services ;
(c)vessels appearing on the IUU list are not authorised to
land, tranship, refuel or re-supply, except for reasons offorce majeure, or engage in fishing operations or in any
other activity in preparation for or related to fishing
in their ports or waters under their sovereignty orjurisdiction;(c)IUU vessels shall not be authorised to entry into port of a
Member State, except in case of force majeure;
(d)importers, transporters and other sectors concerned are
encouraged to refrain from negotiating with and fromtranshipping fish caught by vessels appearing on theIUU list;(d)IUU vessels shall not be authorised to change the crew,
except as required in relation to force majeure;
(e)all information regarding the vessels appearing on the
IUU list is collected and exchanged with other Contract-ing Parties, Non-Contracting Parties and other Regionalfisheries Organisations for the purpose of detecting, andpreventing the use of false import/export certificatesregarding fish from such vessels.(e) IUU vessels shall not be authorised to fish in Community
waters and it shall be prohibited to charter them;
(f) Member states shall refuse the granting of their flag to
IUU vessels and encourage importers, transporters andother sectors concerned to refrain from negotiating andfrom transhipping of fish caught by such vessels;
(g) imports of fish coming from IUU vessels shall be
prohibited.
2. Fishing vessels, including support vessels, refuel vessels,
mother ships and cargo vessels flying the flag of MemberStates are prohibited from assisting in any way, or participat-ing in transhipment or any other activity in preparation for orrelated to fishing or joint fishing activities with, vesselsappearing on the IUU list.2. The Commission shall amend the IUU vessels list to be
in accordance with the NAFO list as soon as NAFO adopts anew list.
3. The chartering of a vessel appearing on the IUU list is
prohibited.
(1) OJ L 15, 20.1.2007, p. 1. Regulation as amended by Commission
Regulation (EC) No 444/2007 (OJ L 106, 24.4.2007, p. 22).C 125 E/110 EN 22.5.2008 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT