A4-0331/98

Proposal for a Council Regulation amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (COM(98)0303 - C4-0357/98 - 98/0170 (CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 1a (new)

>Original text>

>Text following EP vote>

Whereas if the control system is to be fully effective, monitoring effort and results must be measurable and comparable; whereas, in particular, it is necessary to establish common definitions of tonnage and engine power of fishing vessels and of what constitutes a basic inspection;

(Amendment 2)

Recital 1b (new)

>Original text>

>Text following EP vote>

Whereas in order to be fair and be seen to be fair, similar penalties must be imposed throughout the Community for similar infringements of the common fisheries policy;

(Amendment 3)

Recital 1c (new)

>Original text>

>Text following EP vote>

Whereas it is important that Community vessels fishing outside the Community fishing zone be subject to equivalent monitoring and inspection;

(Amendment 4)

Recital 1d (new)

>Original text>

>Text following EP vote>

Whereas it is important that the principle of flag state responsibility apply;

(Amendment 5)

Recital 6

>Original text>

Whereas the monitoring, inspection and surveillance measures in this Regulation applicable to fishing vessels flying the flag of a third country which carry out fishing activities in the Community fishery zone should be amplified; whereas, in particular, such vessels operating in this zone should be subject to continuous satellite surveillance from the date on which the 'Vessel Monitoring System¨ (VMS) applies to all Community fishing vessels of more than a stipulated length; whereas it is necessary to intensify the inspection and surveillance of landings by vessels flying the flag of a third country and particularly, following the steps taken by certain regional fisheries organisations to increase the effectiveness of measures for the conservation of fishery resources on the high seas, catches taken in the zones concerned;

>Text following EP vote>

Whereas the monitoring, inspection and surveillance measures in this Regulation applicable to fishing vessels flying the flag of a third country which carry out fishing activities in the Community fishery zone should be amplified; whereas, in particular, such vessels operating in this zone should be subject to continuous satellite surveillance from the date on which the 'Vessel Monitoring System¨ (VMS) applies to all Community fishing vessels of more than a stipulated length; whereas it is necessary to intensify the inspection and surveillance of landings by vessels flying the flag of a third country

, in particular, as a matter of priority, vessels flying the flags of countries against which regional or international fisheries organisations have already taken measures, and particularly, following the steps taken by certain regional fisheries organisations to increase the effectiveness of measures for the conservation of fishery resources on the high seas, catches taken in the zones concerned;

(Amendment 6)

ARTICLE 1(2)

Article 2 (2a) (new) (Regulation (EEC) No 2847/98)

>Original text>

>Text following EP vote>

2a. Member States may set up pilot studies for joint inspection programmes in Community waters.

(Amendment 7)

ARTICLE 1(4)

Article 5 (Regulation (EEC) No 2847/93)

>Original text>

Detailed rules for the application of this Title shall be adopted as necessary, in accordance with the procedure laid down in Article 36, in particular as regards:

>Text following EP vote>

Detailed rules for the application of this Title shall be adopted

before 1 January 2000, in accordance with the procedure laid down in Article 36, in particular as regards:

>Original text>

(a) the identification of officially designated inspectors and inspection vessels, aircraft and such other means of inspection as may be used by a Member State;

>Text following EP vote>

(a)

the identification of officially designated inspectors and inspection vessels, aircraft and such other means of inspection as may be used by a Member State;

>Original text>

(b) the procedure for the inspection and surveillance of activities in the fisheries sector;

>Text following EP vote>

(b)

the procedure for the inspection and surveillance of activities in the fisheries sector;

>Original text>

(c) the marking and identification of fishing vessels and their gear;

>Text following EP vote>

(c)

the marking and identification of fishing vessels and their gear;

>Original text>

(d) the certification of the characteristics of fishing vessels which relate to fishing activities.

>Text following EP vote>

(d)

the certification of the characteristics of fishing vessels which relate to fishing activities, in particular with a view to standardising the measurement of their engine power and tonnage across the Community;

>Original text>

>Text following EP vote>

(da) the procedure for ensuring that comparable penalties are imposed for comparable infringements of the provisions of this Regulation.

(Amendment 8)

ARTICLE 1(5)

Article 6(2) (Regulation (EEC) No 2847/93)

>Original text>

2. Any amount greater than 50 kg of live-weight equivalent of a given species retained on board must be registered in the logbook.

>Text following EP vote>

2.

Any amount greater than 50 kg of live-weight equivalent of a given species retained on board or discarded must be registered in the logbook.

(Amendment 9)

ARTICLE 1(15a) (new)

Article 17(1) (Regulation (EEC) No 2847/93)

>Original text>

>Text following EP vote>

15a. Article 17 (1) is replaced by the following:

"1. Member States shall take all necessary measures, including but not limited to inspections either at sea or upon landing, to ensure monitoring of catches of species made by their vessels operating in waters subject to the sovereignty or jurisdiction of third countries and on the high seas, and to ensure verification and recording of transshipments and landings of such catches.¨

(Amendment 10)

ARTICLE 1(15b) (new)

Article 17(2), 1st indent (Regulation (EEC) No 2847/93)

>Original text>

>Text following EP vote>

15b. The first indent of Article 17 (2) is replaced by the following:

'- a logbook shall be kept on board the fishing vessels in which the masters shall record their catches in a manner consistent with Article 6 (2) above.¨

(Amendment 11)

ARTICLE 1(20)

Article 19(5) (Regulation (EEC) No 2847/93)

>Original text>

5. Member States shall adopt the necessary measures to facilitate the collection, validation and cross-referencing of data and to provide the Commission with remote access to all the files in the database referred to in paragraph 1, at its specific request.

>Text following EP vote>

5.

Member States shall adopt the necessary measures to facilitate the collection, validation and cross-referencing of data and to provide the Commission with remote access to all the files in the database referred to in paragraph 1.

>Original text>

>Text following EP vote>

The Commission shall provide the Member States with reciprocal access to all the files in its databases, when proof of an investigation can be shown. All such information shall be treated as confidential.

(Amendment 12)

ARTICLE 1 (24)

Article 28 g (2a) (new) (Regulation (EEC) No 2847/98)

>Original text>

>Text following EP vote>

2a. In the case of vessels flying the flag of a third country against which a complaint has been lodged by any international or regional fisheries organisation to which the Community is a contracting party, the inspections referred to in this Title shall be given priority.

(Amendment 13)

ARTICLE 1(25)

Article 29(3a) (Regulation (EEC) No 2847/98)

>Original text>

3a. Community inspectors may, in the context of verification without prior notice, conduct observations on the implementation of this Regulation.

>Text following EP vote>

3a.

Community inspectors may, in the context of verification without prior notice, conduct inspections on the implementation of this Regulation.

>Original text>

During their observation visits, Community inspectors shall have access to the relevant files and documents and to the public premises and places, vessels and private premises, land and means of transport where the activities covered by this Regulation take place, under the same conditions as those applying to national inspectors, in order to collect data not containing named references) necessary for the accomplishment of their task.

>Text following EP vote>

During their

inspection visits, Community inspectors shall have access to the relevant files and documents and to the public premises and places, vessels and private premises, land and means of transport where the activities covered by this Regulation take place, under the same conditions as those applying to national inspectors, in order to collect data not containing named references) necessary for the accomplishment of their task.

>Original text>

Following such verifications without prior notice, the Commission shall forward a report on the observations made to the Member State concerned without delay.

>Text following EP vote>

Following such verifications without prior notice, the Commission shall forward a report on the

inspections made to the Member State concerned without delay.

(Amendment 14)

ARTICLE 1(26a) (new)

Article 31(1a) (new) (Regulation (EEC) No 2847/93)

>Original text>

>Text following EP vote>

26a. The following paragraph is inserted after Article 31(1):

"1a. Such liability will fall on all those natural or legal persons involved in the marketing, transport and sale of fish products throughout the supply chain, up to, but not including, the final consumer.¨

(Amendment 15)

ARTICLE 1(27)

Article 31(2a) (Regulation (EEC) No 2847/93)

>Original text>

2a. In accordance with the procedure laid down in Article 43 of the Treaty, the Council shall draw up a list of infringements of the Community rules referred to in Article 1 which are considered to be serious, and shall adopt appropriate follow-up action.

>Text following EP vote>

2a.

In accordance with the procedure laid down in Article 43 of the Treaty and before 1 January 2000, the Council shall draw up a list of infringements of the Community rules referred to in Article 1 which are considered to be serious; it shall also draw up a list of the penalties which these infringements attract in the different Member States and shall adopt appropriate follow-up action, in particular with a view to arriving at comparable penalties for comparable infringements throughout the Community.

(Amendment 16)

ARTICLE 1(29)

Article 34c (1) (Regulation (EEC) No 2847/93)

>Original text>

1. The Commission shall determine which fisheries shall be subject to specific monitoring programmes, which may not last longer than two years, and the conditions governing such programmes, in accordance with the procedure laid down in Article 36 and in concert with the Member States concerned.

>Text following EP vote>

1.

The Commission shall determine which fisheries shall be subject to specific monitoring programmes, which shall be evaluated after two years, and the conditions governing such programmes, in accordance with the procedure laid down in Article 36 and in concert with the Member States concerned.

>Original text>

>Text following EP vote>

1a. The Commission shall communicate the results of evaluations carried out in accordance with paragraph 1 to the European Parliament and the Council.

(Amendment 17)

ARTICLE 1(30)

Article 35(1) and (2) (Regulation (EEC) No 2847/93.

>Original text>

1. No later than 1 March each year, the Member States shall transmit to the Commission a report on the application of this Regulation during the previous calendar year.

>Text following EP vote>

1.

No later than 1 March each year, the Member State shall transmit to the Commission a detailed report on the application of this Regulation during the previous calendar year. This report shall follow a formula provided by the Commission which will enable comprehensive and comparable data to be produced.

>Original text>

2. On the basis of the reports submitted by the Member States and its own observations, the Commission shall draw up an assessment report every three years. It shall publish this report, along with the Member States¨ replies, and, where appropriate, measures and proposals to mitigate the shortcomings discovered.

>Text following EP vote>

2.

On the basis of the reports submitted by the Member States and its own observations, the Commission shall draw up an assessment report every year. It shall publish this report, along with the Member States¨ replies, including a comparative summary of penalties imposed and prosecutions brought, and measures and proposals to mitigate the shortcomings discovered.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Regulation (EEC) No 2347/93 establishing a control system applicable to the common fisheries policy (COM(98)0303 - C4-0357/98 - 98/0170 (CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0303 - 98/0170(CNS) ((OJ C 201, 27.6.1998, p. 14.)),

- having been consulted by the Council pursuant to Article 43 of the EC Treaty (C4-0357/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Fisheries (A4-0331/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.