P8_TA(2018)0003

Conservation of fishery resources and protection of marine ecosystems through technical measures ***I

Amendments adopted by the European Parliament on 16 January 2018 on the proposal for a regulation of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 1224/2009 and Regulations (EU) No 1343/2011 and (EU) No 1380/2013 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (COM(2016)0134 — C8-0117/2016 — 2016/0074(COD)) (1)

(Ordinary legislative procedure: first reading)

(2018/C 458/11)

Amendment 1

Proposal for a regulation

Title

Text proposed by the Commission Amendment REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 1224/2009 and Regulations (EU) No 1343/2011 and (EU) No 1380/2013 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 1224/2009 and Regulation (EU) No 1380/2013 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 and Commission Regulation (EC) No 494/2002

Amendment 2

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission Amendment (2a) Simplification of the existing rules is necessary for a better understanding and compliance by operators, national authorities and stakeholders. The consultation process of the Advisory Councils should be respected in accordance with Regulation (EU) No 1380/2013, and attention should be paid to ensure that all objectives on conservation and sustainability are fully respected.

Amendment 3

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission Amendment (2b) Simplification of the current rules on technical measures should not result in a weakening of the standards of conservation and sustainability.

Amendment 4

Proposal for a regulation

Recital 3

Text proposed by the Commission Amendment (3) There is a need to develop a framework for the regulation of technical measures. That framework should establish general rules to apply across all Union waters and provide for the creation of technical measures that take account of the regional specificities of fisheries through the process of regionalisation introduced by the CFP. (3) There is a need to develop a framework for the regulation of technical measures. That framework should establish general rules to apply across all Union waters and provide for the creation of technical measures that take account of the regional specificities of fisheries through the process of regionalisation introduced by the CFP. That process should make it possible to combine effectively the common rules and local situations and situations per zone. However, the process should not result in a kind of renationalisation of the CFP, and it is important that the Advisory Councils should continue to ensure that regionalisation takes place under a Union approach in accordance with Recital 14 of Regulation (EU) No 1380/2013.

Amendment 5

Proposal for a regulation

Recital 4

Text proposed by the Commission Amendment (4) The framework should cover the taking and landing of fisheries resources as well as the operation of fishing gears and the interaction of fishing activities with marine ecosystems. (4) The framework should cover the taking and landing of fisheries resources as well as the operation of fishing gears and the interaction of fishing activities with marine ecosystems and also take into account socio-economic dynamics .

Amendment 6

Proposal for a regulation

Recital 6

Text proposed by the Commission Amendment (6) Technical measures where relevant should apply to recreational fisheries which can have a significant impact on the stocks of fish and shellfish species. (6) Recreational fisheries can have a significant impact on the marine environment, stocks of fish and other species , and should therefore be subject to technical measures .

Amendment 7

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission Amendment (6a) Fish caught by recreational anglers (hook and line fishing) are released with a high survival rate, until proven otherwise by scientific evidence.

Amendment 8

Proposal for a regulation

Recital 6 b (new)

Text proposed by the Commission Amendment (6b) The landing obligation applies, pursuant to Regulation (EU) No 1380/2013, to all catches of species which are subject to catch limits. However, where specimens of those species are caught and immediately released in recreational fisheries and scientific evidence demonstrates high survival rates for those species, as may be the case for fish caught by recreational fishermen using angling equipment, it should be possible to exclude the fisheries concerned from the landing obligation by applying procedures set out in that Regulation, in particular by adopting measures to that effect under multiannual plans and/or discard plans.

Amendment 9

Proposal for a regulation

Recital 7

Text proposed by the Commission Amendment (7) Technical measures should contribute to achieving the CFP objectives to fish at maximum sustainable yield levels, reduce unwanted catches and eliminate discards and to contribute to the achievement of good environmental status (GES) as set out in Directive 2008/56/EC of the European Parliament and of the Council (18). (7) Technical measures should contribute to achieving the CFP objectives.

Amendment 10

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission Amendment (7a) Technical measures should be proportionate to the objectives pursued. Their potential economic and social impact should be considered before they are adopted.

Amendment 11

Proposal for a regulation

Recital 7 b (new)

Text proposed by the Commission Amendment (7b) The enforcement and implementation of technical measures, operational programmes and, where relevant, the issuing of licences, restrictions on the construction and operation of vessels and certain gear, should not be prejudicial to achieving better health and safety standards for vessels conducting fishing operations and fishing activities.

Amendment 12

Proposal for a regulation

Recital 7 c (new)

Text proposed by the Commission Amendment (7c) Technical measures adopted under this Regulation should be coherent with the Strategic Plan for Biodiversity 2011 — 2020, adopted under the UN Convention on Biological Diversity, and support the implementation of the EU 2020 Biodiversity Strategy, in particular the target to ensure the sustainable use of fisheries resources and the actions relating thereto.

Amendment 13

Proposal for a regulation

Recital 8

Text proposed by the Commission Amendment (8) Technical measures should specifically provide protection for juveniles and spawning aggregations of fish through the use of selective fishing gears and avoidance measures. Technical measures should also minimise and eliminate where possible, the impacts of fishing gears on the marine ecosystem and in particular on sensitive species and habitats. They should also contribute to having in place management measures for the purposes of complying with obligations under Council Directive 92/43/EEC (19), Directive 2009/147/EC of the European Parliament and of the Council (20) and Directive 2008/56/EC. (8) Technical measures should specifically contribute to the protection of juveniles and spawning aggregations of fish through the use of selective fishing gears and avoidance measures. Technical measures should also contribute to minimising and, where possible, eliminating the negative impacts of fishing gears on the marine ecosystem and in particular on sensitive species and habitats. Incentives should be granted to encourage the use of gear and practices that have a low impact on the environment. Technical measures should also contribute to having in place management measures for the purposes of complying with obligations under Council Directive 92/43/EEC (19), Directive 2009/147/EC of the European Parliament and of the Council (20) and Directive 2008/56/EC.

Amendment 14

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission Amendment (8a) The incidental catching of sensitive species should be addressed in a comprehensive manner across all fisheries and gear types in view of the strict level of protection they are afforded under Directives 92/43/EEC, 2009/147/EC and 2008/56/EC, their high level of vulnerability and the obligation to achieve a good environmental status by 2020.

Amendment 15

Proposal for a regulation

Recital 9

Text proposed by the Commission Amendment (9) To evaluate the effectiveness of technical measures, targets relating to the levels of unwanted catches; to the level of bycatches of sensitive species and to the extent of seabed habitats adversely affected by fishing; should be established that reflect the objectives of the CFP, Union environmental legislation (in particular Council Directive 92/43 and Directive 2000/60/EC of the European Parliament and of the Council) (21) , and international best practice . (9) To evaluate the effectiveness of technical measures, performance indicators relating to the reduction of catches of fish below the minimum conservation reference size and incidental catches of sensitive species as well as to the reduction of negative environmental impacts on marine habitats as a result of fishing should be established that reflect the objectives of the CFP and Union environmental legislation (in particular Directive 92/43 /EEC, Directive 2009/147/EC and Directive 2000/60/EC of the European Parliament and of the Council) (21).

Amendment 16

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission Amendment (9a) Member States should make the broadest possible use of the available measures in Regulation (EU) No 508/2014 of the European Parliament and of the Council (1a) to support fishermen in implementing technical measures and ensure that the socio-economic objectives of the CFP are taken into account.

Amendment 17

Proposal for a regulation

Recital 11

Text proposed by the Commission Amendment (11) Certain destructive fishing gears or methods which use explosives, poisons, stupefying substances, electric current, pneumatic hammers or other percussive instruments; towed devices and grabs for harvesting red coral or other type of corals and coral-like species and certain spear-guns should be prohibited except in the specific case of the electric pulse trawl which may be used under certain strict conditions . (11) Certain destructive fishing gears or methods which use explosives, poisons, stupefying substances, electric current, pneumatic hammers or other percussive instruments; towed devices and grabs for harvesting red coral or other type of corals and coral-like species and certain spear-guns should be prohibited. In this regard it is necessary to ensure that there is appropriate knowledge about the impacts of innovative fishing gear including cumulative effects, before use of the gear is widely adopted. Additionally, a system for monitoring, control and evaluation should be in place, serving for enforcement and research as well as evaluation purposes. Finally, current licences should be made subject to scientific reassessment, before being given a permanently ‘non-prohibited’ status.

Amendment 18

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission Amendment (11a) There is a need for detailed and quantified knowledge concerning the impacts of innovative fishing gear including their cumulative effects on the marine environment and species, before their use is widely adopted on a commercial scale. An effective programme of monitoring and evaluation should be established.

Amendment 20

Proposal for a regulation

Recital 15

Text proposed by the Commission Amendment (15) For certain rare fish species , such as species of sharks and rays, even limited fishing activity could result in a serious risk to their conservation. To protect such species a general prohibition on fishing for them should be introduced. (15) For certain fish species that are rare or whose biological characteristics make them especially vulnerable to overexploitation, even limited fishing activity could result in a serious risk to their conservation. To protect such species a general prohibition on fishing for them should be introduced.

Amendment 21

Proposal for a regulation

Recital 21

Text proposed by the Commission Amendment (21) In order to assist the catching sector implement the landing obligation, Member States should put in place measures to facilitate the storage and the finding of outlets for marine species which are below the minimum conservation reference size. These measures should include support for investment in the construction and adaptation of landing sites and shelters or support for investment to add value to fishery products. (21) In order to assist the catching sector with the implementation of , and ensure a level playing field by having full compliance with, the landing obligation, Member States should put in place measures to facilitate the storage and the finding of outlets for marine species which are below the minimum conservation reference size. These measures should include support for investment in the construction and adaptation of landing sites and shelters or support for investment to add value to fishery products.

Amendment 22

Proposal for a regulation

Recital 23

Text proposed by the Commission Amendment (23) In cases where scientific advice indicates that there are significant unwanted catches of species which are not subject to catch limits and therefore not subject to the application of the landing obligation , Member States should carry out pilot projects with the aim of exploring ways to reduce such catches and with a view to introducing appropriate technical measures to achieve this aim. (23) In cases where scientific advice indicates that there are significant unwanted catches of species, Member States should carry out pilot projects with the aim of exploring ways to reduce such catches and with a view to introducing appropriate technical measures to achieve this aim.

Amendment 23

Proposal for a regulation

Recital 24

Text proposed by the Commission Amendment (24) Where no technical measures are in place at regional level then defined baseline standards should apply. Those baseline standards should be derived from existing technical measures, taking account of STECF advice and the opinions of stakeholders. They should consist of baseline mesh sizes for towed gears and static nets, minimum conservation reference sizes, closed or restricted areas, nature conservation measures to mitigate against bycatches of marine mammals and seabirds in certain areas and any other regionally specific measures currently in existence that are still required to ensure conservation objectives continue to be met until such times measures are put in place under regionalisation. (24) Where no technical measures are in place at regional level, defined baseline standards should apply. Those baseline standards should be derived from existing technical measures, taking account of STECF advice and the opinions of stakeholders. They should consist of baseline mesh sizes for towed gears and static nets, minimum conservation reference sizes, closed or restricted areas, nature conservation measures to minimise, and, where possible, eliminate incidental catches of marine mammals and seabirds in certain areas and any other regionally specific measures currently in existence that are still required to ensure conservation objectives continue to be met until such times measures are put in place under regionalisation.

Amendment 24

Proposal for a regulation

Recital 25

Text proposed by the Commission Amendment (25) Member States in conjunction with stakeholders can develop joint recommendations for appropriate technical measures that deviate from the baselines in accordance with the regionalisation process set out in the CFP. (25) Member States, in close cooperation with the relevant Advisory Councils, should be able to develop joint recommendations for appropriate technical measures , based on the best available scientific advice, that deviate from the baselines to adapt the technical measures to regional specificities of fisheries in accordance with the regionalisation process set out in the CFP , even if there is no multiannual plan .

Amendment 25

Proposal for a regulation

Recital 26

Text proposed by the Commission Amendment (26) Such regional technical measures should as a minimum be equivalent in terms of exploitation patterns and protection for sensitive species and habitats as the baseline standards. (26) Regionalisation should be used to create tailor-made measures that consider the specificities of each fisheries area including safeguarding their sensitive species and habitats. Such regional technical measures should be sustainable and as a minimum ensure the same exploitation patterns and level of protection as the baseline standards. The adoption of any regional technical measure should be based on the best available scientific advice.

Amendment 26

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission Amendment (26a) Decisions taken by regional groups of Member States under regionalisation should meet the same standards of democratic oversight as those in the Member States concerned.

Amendment 27

Proposal for a regulation

Recital 26 b (new)

Text proposed by the Commission Amendment (26b) Regionalisation should be used as a tool to encourage the participation of all relevant stakeholders, including non-governmental organisations, and empower fishermen and their engagement so that they can work in close cooperation with Member States, Advisory Councils and scientists, to create tailor-made measures that consider the specificities of each fishing area and safeguard their environmental conditions.

Amendment 28

Proposal for a regulation

Recital 27 a (new)

Text proposed by the Commission Amendment (27a) Where there is a direct management interest concerning a single Member State, proposals for individual technical measures may be submitted, to modify existing conservation measures, subject to consultation of the relevant Advisory Councils.

Amendment 29

Proposal for a regulation

Recital 28

Text proposed by the Commission Amendment (28) In developing joint recommendations to adopt alternative size and species selective gears to the baseline mesh sizes in multiannual plans regional groups of Member States should ensure that such gears result in, as a minimum, similar or improved selectivity patterns as the baseline gears. (28) In developing joint recommendations to adopt alternative size and species selective gears to the baseline mesh sizes, regional groups of Member States should ensure that such gears result in, as a minimum, similar or improved selectivity patterns as the baseline gears.

Amendment 30

Proposal for a regulation

Recital 29

Text proposed by the Commission Amendment (29) In developing joint recommendations to amend or establish new closed or restricted areas in multiannual plans to protect juveniles and spawning aggregations, regional groups of Member States should define the specifications, extent, duration, gear restrictions and control and monitoring arrangements in their joint recommendations. (29) In developing joint recommendations to amend or establish new closed or restricted areas to protect juveniles and spawning aggregations, regional groups of Member States should define the specifications, extent, duration, gear restrictions and control and monitoring arrangements in their joint recommendations.

Amendment 31

Proposal for a regulation

Recital 30

Text proposed by the Commission Amendment (30) In developing joint recommendations to amend or establish minimum conservation reference sizes in multiannual plans , regional groups of Member States should ensure the objectives of the CFP are not jeopardised by ensuring that the protection of juveniles of marine species should be respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created. (30) In developing joint recommendations to amend or establish minimum conservation reference sizes, regional groups of Member States should contribute to achieving the objectives of the CFP by ensuring that the protection of juveniles of marine species is fully respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created.

Amendment 32

Proposal for a regulation

Recital 31

Text proposed by the Commission Amendment (31) The creation of real-time closures in conjunction with moving-on provisions as an additional measure for the protection of juveniles or spawning aggregations should be allowed as an option to be developed under joint recommendations. The conditions for the establishment and lifting of such areas as well as the control and monitoring arrangements should be defined in the relevant joint recommendations. (31) The creation of real-time closures in conjunction with moving-on provisions as an additional measure for the protection of juveniles or spawning aggregations or sensitive species should be allowed as an option to be developed under joint recommendations. The conditions for the establishment and lifting of such areas , including exemptions where appropriate, as well as the control and monitoring arrangements should be defined in the relevant joint recommendations.

Amendment 33

Proposal for a regulation

Recital 32

Text proposed by the Commission Amendment (32) On the basis of scientific assessment of the impacts of innovative gears, duly evaluated by the STECF, the use of such or extension to the use of novel gears , such as the electric pulse trawl could be included as an option in joint recommendations from regional groups of Member States. The use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative impacts on sensitive habitats and non-target species. (32) On the basis of scientific assessment of the impacts of innovative gears, duly evaluated by the STECF, including the potential negative impact of certain gears, the use or the extension of use of innovative gears could be included as an option in joint recommendations from regional groups of Member States. The use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative direct or cumulative impacts on marine habitats, especially sensitive habitats or non-target species , or compromise the achievement of a good environmental status of marine waters .

Amendment 268

Proposal for a regulation

Recital 32 a (new)

Text proposed by the Commission Amendment (32a) Regional groups should develop additional mitigation measures based on gear type, using scientific advice and best practice to minimise and, where possible, eliminate bycatches of seabirds and marine mammals, aligned with Council Directive 92/43/EEC and Council Directive 79/409/EEC (1a) and the Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas of 17 March 1992, as amended (ASCOBANS).

Amendment 34

Proposal for a regulation

Recital 33

Text proposed by the Commission Amendment (33) In order to minimise the bycatches of sensitive species and impacts of fishing gears on sensitive habitats, regional groups of Member States should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats. Where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then Member States should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region. In particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds. (33) In order to minimise and, where possible, eliminate the incidental catches of sensitive species and impacts of fishing gears on sensitive habitats, regional groups of Member States should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats. Where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then Member States should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region to safeguard the marine environment, local fish stocks and the local coastal communities concerned . In particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds.

Amendment 35

Proposal for a regulation

Recital 35

Text proposed by the Commission Amendment (35) In order to maintain existing detailed recommendations agreed by the North East Atlantic Fisheries Commission (NEAFC) the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of lists of vulnerable marine ecosystems and also specific technical measures related to defined measures to protect blue ling and redfish. The Commission should also be empowered to adopt delegated acts in respect of the incorporation into Union law of future amendments of those measures adopted by NEAFC which form the subject matter of certain expressly defined non-essential elements of this Regulation and which become binding upon the Union in accordance with the terms of this Convention. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. deleted

Amendment 36

Proposal for a regulation

Recital 36

Text proposed by the Commission Amendment (36) In order not to hinder scientific research, artificial restocking and transplantation, the provisions of this Regulation should not apply to operations which may be necessary for the conducting of such activities. (36) In order not to hinder scientific research, direct restocking and transplantation, the provisions of this Regulation should not apply to operations which may be necessary for the conducting of such activities.

Amendment 37

Proposal for a regulation

Recital 37

Text proposed by the Commission Amendment (37) Where available scientific advice indicates that immediate action is required to protect marine species, the Commission should be able in duly justified cases to adopt immediately applicable delegated acts establishing technical measures to alleviate such threats, in addition to or by way of derogation to this Regulation or technical measures otherwise fixed in accordance with Union law. Those measures should be designed in particular to address unexpected changes in stock patterns as a result of high or low levels of recruitment of juveniles into a stock, to provide protection for spawning fish or shellfish when stocks are at very low levels or other changes in the conservation status of fish stocks which may threaten the status of a stock. They could include restrictions on the use of towed or static gears or on fishing activities in certain areas or during certain periods. (37) Where the best available scientific advice indicates that immediate action is required to protect marine species and habitats , the Commission should be able in duly justified cases to adopt immediately applicable delegated acts establishing technical measures to alleviate such threats, in addition to or by way of derogation to this Regulation or technical measures otherwise fixed in accordance with Union law. Those measures should be designed in particular to address unexpected changes in stock patterns as a result of high or low levels of recruitment of juveniles into a stock, or incidental catches of sensitive species, to provide protection for spawning fish or shellfish when stocks are at very low levels or other changes in the conservation status of fish stocks or sensitive species, which may threaten the status of a stock , as well as to address deterioration of species populations and habitats due to fishing impacts and to provide for any other necessary conservation measures. Such measures could include restrictions on the use of towed or static gears or on fishing activities in certain areas or during certain periods.

Amendment 38

Proposal for a regulation

Recital 38

Text proposed by the Commission Amendment (38) The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to update the list of fish and shellfish for which directed fishing is prohibited; to update the list of sensitive areas where fishing should be restricted; to adopt technical measures as part of multiannual plans; and to adopt technical measures as part of temporary discard plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. (38) The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to define, for the purpose of establishing performance indicators for technical measures in relation to catches of fish below the minimum conservation reference size, key fisheries and the levels of such catches that apply to those key fisheries, to update the list of fish and shellfish for which directed fishing is prohibited; to update the list of sensitive areas where fishing should be restricted; to adopt technical measures as part of multiannual plans or, where necessary, outside the framework of multiannual plans; and to adopt technical measures as part of temporary discard plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and based on STECF assessment . The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 39

Proposal for a regulation

Recital 40

Text proposed by the Commission Amendment (40) By the end of 2020 and every third year thereafter the Commission should report to the European Parliament and to the Council on the implementation of this Regulation, on the basis of information supplied by Member States and the relevant Advisory Councils and following evaluation by the STECF. This report should assess the extent to which technical measures both regionally and at Union level have contributed to achieving the objectives and in reaching the targets of this Regulation. On the basis of that report, where at regional level there is evidence that the objectives and targets have not been met, Member States within that region should submit a plan setting out the corrective actions to be taken to ensure those objectives and targets can be met. The Commission should also propose to the European Parliament and to the Council any necessary amendments to this Regulation on the basis of that report. (40) By … [three years after the date of entry into force of this Regulation] and every third year thereafter the Commission should report to the European Parliament and to the Council on the implementation of this Regulation, on the basis of information supplied by Member States and the relevant Advisory Councils and following evaluation by the STECF. This report should assess the extent to which technical measures both regionally and at Union level have contributed to achieving the objectives and in reaching the performance indicator levels of this Regulation. On the basis of that report, where at regional level there is evidence that the objectives have not been met or that the performance indicators remain at an unsatisfactory level , Member States within that region should submit a plan setting out the corrective actions to be taken to ensure those objectives can be met and to improve the performance indicator levels . The Commission should also propose to the European Parliament and to the Council any necessary amendments to this Regulation on the basis of that report.

Amendment 40

Proposal for a regulation

Recital 42

Text proposed by the Commission Amendment (42) Council Regulations (EC) No 1967/2006 (29), (EC) No 1098/2007 (30), (EC) No 1224/2009 (31) and Regulations (EU) No 1343/2011 (32) and (EU) No 1380/2013 (33) of the European Parliament and of the Council should be amended accordingly. (42) Council Regulations (EC) No 1967/2006 (29), (EC) No 1098/2007 (30), (EC) No 1224/2009 (31) and Regulation (EU) No 1380/2013 (33) of the European Parliament and of the Council should be amended accordingly.

Amendment 41

Proposal for a regulation

Recital 43

Text proposed by the Commission Amendment (43) In order to supplement or amend existing detailed rules transposing recommendations agreed by the General Fisheries Commission for the Mediterranean (GFCM) the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of technical measures in Regulation (EU) No 1343/2011. The Commission should also be empowered to adopt delegated acts in respect of the incorporation into Union law of future amendments of those measures adopted by GFCM which form the subject matter of certain expressly defined non-essential elements of this Regulation and which become binding upon the Union in accordance with the terms of the GFCM Agreement. Regulation (EU) No 1343/2011 should be amended accordingly. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. deleted

Amendment 42

Proposal for a regulation

Article 1 — paragraph 1 — point b

Text proposed by the Commission Amendment (b) the operation of fishing gears and the interaction of fishing activities with marine ecosystems . (b) the operation of fishing gears.

Amendment 43

Proposal for a regulation

Article 1 — paragraph 1 — point b a (new)

Text proposed by the Commission Amendment (ba) the interaction of those gears with marine ecosystems.

Amendment 44

Proposal for a regulation

Article 2 — paragraph 1

Text proposed by the Commission Amendment 1. This Regulation shall apply to activities pursued by Union fishing vessels and nationals of Member States, without prejudice to the primary responsibility of the flag State, in the fishing zones referred to in Article 5 as well as by fishing vessels flying the flag of, and registered in, third countries when fishing in Union waters. 1. Without prejudice to Article 29, this Regulation shall apply to all fishing activities (recreational and commercial) pursued by Union fishing vessels and nationals of Member States, without prejudice to the primary responsibility of the flag State, in the fishing zones referred to in Article 5 as well as by fishing vessels flying the flag of, and registered in, third countries when fishing in Union waters.

Amendment 45

Proposal for a regulation

Article 2 — paragraph 2

Text proposed by the Commission Amendment 2. Articles 7 and 14 and Part A of Annexes V to X shall also apply to recreational fisheries. 2. This Regulation shall also apply to recreational fisheries.

Amendment 46

Proposal for a regulation

Article 3 — paragraph 1

Text proposed by the Commission Amendment 1. As tools to support the implementation of the Common Fisheries Policy (CFP), technical measures shall contribute to the objectives of the CFP set out in Article 2 of Regulation (EU) No 1380/2013 and in particular in paragraphs 2, 3 and 5(a) and (j) of that Article . 1. Technical measures shall contribute to the objectives of the CFP set out in Article 2 of Regulation (EU) No 1380/2013.

Amendment 47

Proposal for a regulation

Article 3 — paragraph 2 — introductory part

Text proposed by the Commission Amendment 2. In addition, technical measures shall in particular: 2. Technical measures shall in particular contribute to achieving the following objectives :

Amendment 48

Proposal for a regulation

Article 3 — paragraph 2 — point a

Text proposed by the Commission Amendment (a) optimise exploitation patterns to provide protection for juveniles and spawning aggregations of marine species; (a) ensuring sustainable exploitation patterns to provide protection for juveniles and spawning aggregations of marine species; and providing appropriate safeguards;

Amendment 49

Proposal for a regulation

Article 3 — paragraph 2 — point b

Text proposed by the Commission Amendment (b) ensure that bycatches of marine species listed under Directives 92/43/EEC and 2009/147/EC and other sensitive species that result from fishing are minimised and where possible eliminated such that they do not represent a threat to the conservation status of these species ; (b) ensuring that incidental catches of sensitive marine species , in particular those listed under Directives 92/43/EEC and 2009/147/EC, that result from fishing are minimised and where possible eliminated;

Amendment 50

Proposal for a regulation

Article 3 — paragraph 2 — point c

Text proposed by the Commission Amendment (c) ensure that the environmental impacts of fishing on marine habitats are minimised and where possible eliminated such that they do not represent a threat to the conservation status of those habitats ; (c) ensuring, including by using appropriate incentives, that the negative environmental impacts of fishing on marine habitats are minimised and where possible eliminated;

Amendment 51

Proposal for a regulation

Article 3 — paragraph 2 — point d

Text proposed by the Commission Amendment (d) contribute to having in place fisheries management measures for the purposes of complying with the obligations under Directives 92/43/EEC, 2009/147/EC, 2008/56/EC and 2000/60/EC. (d) having in place fisheries management measures for the purposes of complying with the obligations under Directives 92/43/EEC, 2009/147/EC, 2008/56/EC and 2000/60/EC.

Amendments 294 and 300

Proposal for a regulation

Article 3 — paragraph 2 — point d a (new)

Text proposed by the Commission Amendment (da) ensuring that the conditions described in Descriptors 1, 3, 4 and 6 of Commission Decision 2010/477/EU are fulfilled.

Amendment 52

Proposal for a regulation

Article 4 — title

Text proposed by the Commission Amendment

Amendment 53

Proposal for a regulation

Article 4 — paragraph 1 — introductory part

Text proposed by the Commission Amendment 1. Technical measures shall aim to achieve the following targets : 1. In order to assess whether technical measures contribute to achieving the objectives referred to in Article 3, the following performance indicators shall be used :

Amendment 54

Proposal for a regulation

Article 4 — paragraph 1 — point a

Text proposed by the Commission Amendment (a) ensure that catches of marine species below minimum conservation reference sizes do not exceed 5 % by volume in accordance with Article 2(2) and Article 15 of Regulation (EU) No 1380/2013. (a) the extent to which catches of marine species below minimum conservation reference sizes are progressively reduced to specific levels for key fisheries;

Amendment 55

Proposal for a regulation

Article 4 — paragraph 1 — point b

Text proposed by the Commission Amendment (b) ensure that bycatches of marine mammals, marine reptiles, seabirds and other non-commercially exploited species do not exceed levels provided for in Union legislation and international agreements. (b) the extent to which incidental catches of marine mammals, marine reptiles, seabirds and other non-commercially exploited species are progressively reduced and, where possible, eliminated;

Amendment 56

Proposal for a regulation

Article 4 — paragraph 1 — point c

Text proposed by the Commission Amendment (c) ensure that the environmental impacts of fishing activities on seabed habitats do not exceed the levels needed to achieve good environmental status for each habitat type assessed in the framework of Directive 2008/56/EC in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achieved. (c) the extent to which the negative environmental impacts of fishing activities on marine habitats, including sensitive seabed habitats , are minimised and maintained below the levels needed to achieve good environmental status , in particular for each of the habitat types assessed in the framework of Directive 2008/56/EC, in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achieved.

Amendment 57

Proposal for a regulation

Article 4 — paragraph 1 a (new)

Text proposed by the Commission Amendment 1a. The Commission is empowered to adopt delegated acts in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 supplementing this Regulation by defining, for the purpose of point (a) of paragraph 1 of this Article: (a) the key fisheries referred to in that point; (b) the levels of current catches of marine species below minimum conservation reference sizes for each of those key fisheries, based on data supplied by Member States for the reference years 2013-2015; (c) the specific levels to which catches of marine species below minimum conservation reference sizes for each of those key fisheries are to be reduced in order to achieve the objective of ensuring sustainable exploitation patterns and to provide protection for juveniles. When establishing the specific levels referred to in point (c) of the first subparagraph, account shall be taken of the best available scientific advice, including by STECF, as well as of existing and future technical possibilities in relation to the avoidance of catches of marine species below minimum conservation reference size.

Amendment 58

Proposal for a regulation

Article 4 — paragraph 1 b (new)

Text proposed by the Commission Amendment 1b. For the purpose of the delegated acts referred to in paragraph 1a, the Member States may submit a joint recommendation in accordance with Article 18(1) of Regulation (EU) No 1380/2013 by … [12 months after the date of entry into force of this Regulation].

Amendment 59

Proposal for a regulation

Article 4 — paragraph 1 c (new)

Text proposed by the Commission Amendment 1c. Where no joint recommendation has been submitted by the deadline set out in paragraph 1b of this Article, or if a joint recommendation submitted by Member States is deemed not to be compatible with the objectives of this Regulation, the Commission shall by … [18 months after the date of entry into force of this Regulation], and by way of derogation from Article 18(6) of Regulation (EU) No 1380/2013, adopt delegated acts supplementing this Regulation by defining the elements referred to in the first subparagraph of paragraph 1a of this Article, in accordance with Article 32 of this Regulation.

Amendment 60

Proposal for a regulation

Article 4 — paragraph 1 d (new)

Text proposed by the Commission Amendment 1d. In order to achieve a progressive reduction of catches of marine species below minimum conservation reference sizes to levels which ensure sustainable exploitation patterns, the specific levels referred to in point (c) of the first subparagraph of paragraph 1a shall be reviewed every three years, using the procedure set out in paragraphs 1a, 1b and 1c, and they shall be further reduced, where appropriate, in accordance with the best available scientific advice and existing and future technical possibilities in relation to the avoidance of such catches.

Amendment 61

Proposal for a regulation

Article 4 — paragraph 2

Text proposed by the Commission Amendment 2. The extent to which these targets have been achieved shall be reviewed as part of the reporting process set out in Article 34. 2. The assessment referred to in paragraph 1 shall be undertaken in the context of the reporting process set out in Article 34.

Amendment 346

Proposal for a regulation

Article 4 a (new)

Text proposed by the Commission Amendment Article 4a Socio-economic objectives In order to take into account the socio-economic objectives set out in points (c), (f) and (i) of Article 2(5) of Regulation (EU) No 1380/2013, when adopting and implementing technical and conservation measures, Member States shall make extensive use of the measures set out in Articles 38, 39 and 40 of Regulation (EU) No 508/2014.

Amendment 62

Proposal for a regulation

Article 5 — paragraph 1 — point a

Text proposed by the Commission Amendment (a) ‘North Sea’ means ICES divisions (34) IIa, IIIa and IV; (a) ‘North Sea’ means Union waters in ICES divisions (34) IIa, IIIa and IV;

Amendment 63

Proposal for a regulation

Article 5 — paragraph 1 — point c

Text proposed by the Commission Amendment (c) ‘North Western waters’ means ICES sub-areas V (excluding Va and non-Union waters of Vb) , VI and VII; (c) ‘North Western waters’ means Union waters in ICES sub-areas V , VI and VII;

Amendment 64

Proposal for a regulation

Article 5 — paragraph 1 — point g

Text proposed by the Commission Amendment (g) ‘ Outermost Regions’ means waters around the outermost regions as referred to in the first paragraph of Article 349 of the Treaty divided into three sea basins: West Atlantic, East Atlantic and Indian Ocean ; (g) ‘ Union waters in the Indian Ocean and the West Atlantic’ means waters around Guadeloupe, French Guyana, Martinique, Mayotte, Réunion and Saint Martin under the sovereignty or jurisdiction of a Member State .

Amendment 65

Proposal for a regulation

Article 6 — paragraph 1 — point 1

Text proposed by the Commission Amendment (1) ‘exploitation pattern’ means how fishing pressure is distributed across the age profile of a stock; (1) ‘exploitation pattern’ means how fishing mortality is distributed across the age and size profile of a stock;

Amendment 66

Proposal for a regulation

Article 6 — paragraph 1 — point 2

Text proposed by the Commission Amendment (2) ‘selectivity’ means a quantitative expression represented as a probability of capture of a certain size of fish in a certain size of mesh (or hook) ; (2) ‘selectivity’ means the probability of capture of a certain species or size of fish with certain gear characteristics ;

Amendment 67

Proposal for a regulation

Article 6 — paragraph 1 — point 3

Text proposed by the Commission Amendment (3) ‘selective fishing’ means a fishing method's ability to target and capture fish or shellfish by size and species type during the fishing operation allowing non-target species to be avoided or released unharmed; deleted

Amendment 68

Proposal for a regulation

Article 6 — paragraph 1 — point 4

Text proposed by the Commission Amendment (4) ‘directed fishing’ means fishing for a defined species or combination of species where the total catch of that/those species makes up more than 50 % of the economic value of the catch ; (4) ‘directed fishing’ means fishing effort targeted towards a specific species or group of species where the exact composition varies across fisheries and the specific rules governing the minimum technical specifications of mesh sizes and selective devices by fishery is established at regional level ;

Amendment 69

Proposal for a regulation

Article 6 — paragraph 1 — point 5 a (new)

Text proposed by the Commission Amendment (5a) ‘conservation status of a species’ means the conservation status of species as defined in point (i) of Article 1 of Directive 92/43/EEC;

Amendment 70

Proposal for a regulation

Article 6 — paragraph 1 — point 5 b (new)

Text proposed by the Commission Amendment (5b) ‘conservation status of a habitat’ means the conservation status of a natural habitat as defined in point (e) of Article 1 of Directive 92/43/EEC;

Amendment 71

Proposal for a regulation

Article 6 — paragraph 1 — point 7

Text proposed by the Commission Amendment (7) ‘sensitive species’ means a species whose conservation status, including its habitat, distribution, population size and population condition is adversely affected by pressures arising from human activities, including fishing activities. Sensitive species, in particular, include species listed in Annexes II and IV of Directive 92/43/EEC, species covered by Directive 2009/147/EC and species whose protection is necessary to achieve good environmental status under Directive 2008/56/EC; (7) ‘sensitive species’ means a species whose conservation status, including its habitat, distribution, population size or population condition is adversely affected by pressures arising from human activities, including fishing activities. Sensitive species, in particular, include species listed in Annexes II and IV of Directive 92/43/EEC, species covered by Directive 2009/147/EC and species whose protection is necessary to achieve good environmental status under Directive 2008/56/EC;

Amendment 72

Proposal for a regulation

Article 6 — paragraph 1 — point 8

Text proposed by the Commission Amendment (8) ‘small pelagic species’ means mackerel, herring, horse mackerel, anchovy, sardine, blue whiting, argentine, sprat, boarfish; (8) ‘small pelagic species’ means inter alia mackerel, herring, horse mackerel, anchovy, sardine, blue whiting, argentine, sprat, boarfish , bogue, Sardinella aurita and Sardinella maderensis ;

Amendment 73

Proposal for a regulation

Article 6 — paragraph 1 — point 9 a (new)

Text proposed by the Commission Amendment (9a) ‘traditional (subsistence) fisheries with passive fishing gears’ means non-commercial fishing activities exploiting marine living aquatic resources on a limited scale at local level, exclusively for personal needs and using only traditional fishing gear and techniques;

Amendment 74

Proposal for a regulation

Article 6 — paragraph 1 — point 10

Text proposed by the Commission Amendment (10) ‘Advisory Councils’ means stakeholder groups established under the CFP to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives of the CFP ; (10) ‘Advisory Councils’ means stakeholder groups established under Article 43 of Regulation (EU) No 1380/2013, conducting their activity according to Article 44 and 45 of and Annex III to that Regulation ;

Amendment 75

Proposal for a regulation

Article 6 — paragraph 1 — point 11

Text proposed by the Commission Amendment (11) ‘trawl’ means fishing gear which is actively towed by one or more fishing vessels and consisting of a net having a cone- or pyramid-shaped body (as trawl body) closed at the back by a codend; ‘towed gear’ means any trawls, Danish seines and similar gear with a cone- or pyramid shaped body closed at the back by a bag (codend) or comprising two long wings, a body and a bag (codend) and which are actively moved in the water ; (11) ‘trawl’ means a fishing gear comprising a net which is actively towed by one or more fishing vessels and closed at the back by a bag (codend);

Amendment 76

Proposal for a regulation

Article 6 — paragraph 1 — point 11 a (new)

Text proposed by the Commission Amendment (11a) ‘towed gear’ means any trawls, Danish seines and similar gear which are actively moved in the water by one or more vessels or any other mechanical system;

Amendment 77

Proposal for a regulation

Article 6 — paragraph 1 — point 12

Text proposed by the Commission Amendment (12) ‘demersal trawl’ means a trawl designed and rigged to operate on or near the seabed; (12) ‘demersal bottom trawl’ means a trawl designed and rigged to operate on or near the seabed;

Amendment 78

Proposal for a regulation

Article 6 — paragraph 1 — point 13

Text proposed by the Commission Amendment (13) ‘demersal pair trawl’ means a demersal trawl towed by two boats simultaneously, one towing each side of the trawl. The horizontal opening of the trawl is maintained by the distance between the two vessels as they tow the gear; (13) ‘demersal pair bottom trawl’ means a bottom trawl towed by two boats simultaneously, one towing each side of the trawl. The horizontal opening of the trawl is maintained by the distance between the two vessels as they tow the gear;

Amendment 79

Proposal for a regulation

Article 6 — paragraph 1 — point 15

Text proposed by the Commission Amendment (15) ‘beam trawl’ means gear with a trawl net open horizontally by a steel or wooden tube, the beam, and netting with ground chains, chain mats or tickler chains actively towed on the bottom ; (15) ‘beam trawl’ means gear with a trawl net open horizontally by a beam, wings or other similar devices ;

Amendment 80

Proposal for a regulation

Article 6 — paragraph 1 — point 16

Text proposed by the Commission Amendment (16) ‘electric pulse trawl’ means a fishing technique which uses an electric field to catch fish. The pulse trawl gear consists of a number of electrodes, attached to the gear in the towing direction, that emit short electric pulses ; (16) ‘electric pulse trawl’ means a trawl which uses electric pulse current to catch marine biological resources ;

Amendment 81

Proposal for a regulation

Article 6 — paragraph 1 — point 17 a (new)

Text proposed by the Commission Amendment (17a) ‘shore seines’ means surrounding nets and towed seines set from a boat and towed from the shore or from a boat moored or anchored to the shore;

Amendment 82

Proposal for a regulation

Article 6 — paragraph 1 — point 20

Text proposed by the Commission Amendment (20) ‘static nets’ means any type of gillnet, entangling net or trammel net that is either anchored to the seabed (gill nets or set nets) or allowed to drift with the tide (drift nets) for fish to swim into and become entangled or enmeshed in the netting; (20) ‘static nets’ means any type of gillnet, entangling net or trammel net that is anchored to the seabed (gill nets or set nets) for fish to swim into and become entangled or enmeshed in the netting;

Amendment 83

Proposal for a regulation

Article 6 — paragraph 1 — point 21

Text proposed by the Commission Amendment (21) ‘driftnet’ means a net made up of one or more walls of netting, hung jointly in parallel on the headline(s), held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift such as a sea-anchor or an anchor on the bottom attached at one single end of the net ; (21) ‘driftnet’ means a net held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift;

Amendment 84

Proposal for a regulation

Article 6 — paragraph 1 — point 22

Text proposed by the Commission Amendment (22) ‘ bottom-set gillnet’ means a net made up of a single piece of net and held vertically in the water by floats and weights . It catches living aquatic resources by enmeshing them and is fixed, or capable of being fixed by any means to the seabed ; (22) ‘gillnet’ means a static net made up of a single piece of net and held vertically in the water by floats and weights;

Amendment 85

Proposal for a regulation

Article 6 — paragraph 1 — point 23

Text proposed by the Commission Amendment (23) ‘ bottom-set entangling net’ means a single wall of netting rigged so that the netting is hung onto the ropes to create a greater amount of slack netting than a gillnet . Entangling nets usually have less floatation on the head rope and do not stand as high when fishing, as the average bottom set gill net and are fixed, or capable of being fixed by any means to the seabed ; (23) ‘entangling net’ means a static net consisting of a wall of netting rigged so that the netting is hung onto the ropes to create a greater amount of slack netting than a gillnet;

Amendment 86

Proposal for a regulation

Article 6 — paragraph 1 — point 24

Text proposed by the Commission Amendment (24) ‘ bottom-set trammel net’ means a net made up of two or more layers of netting with two outer layers of a large mesh size with a sheet of fine small mesh sandwiched between them and is fixed, or capable of being fixed by any means to the seabed ; (24) ‘trammel net’ means a static net made up of two or more layers of netting with two outer layers of a large mesh size with a sheet of small mesh sandwiched between them;

Amendment 87

Proposal for a regulation

Article 6 — paragraph 1 — point 26

Text proposed by the Commission Amendment (26) ‘longline’ means a fishing gear consisting of a main line , sometimes of considerable length, to which snoods with baited or unbaited hooks are fixed at regular intervals. The main line is anchored either horizontally on or near the bottom, vertically or can be allowed to drift on the surface; (26) ‘longline’ means a fishing gear consisting of a main line of variable length, to which branch lines (snoods) with hooks are fixed at intervals determined by the target species . The main line is anchored either horizontally on or near the bottom, vertically or can be allowed to drift on the surface;

Amendment 88

Proposal for a regulation

Article 6 — paragraph 1 — point 27

Text proposed by the Commission Amendment (27) ‘pots and creels’ means traps in the form of cages or baskets made with various materials designed to catch crustaceans or fish that are set on the seabed either singly or in rows connected by ropes (buoy-lines) to buoys on the surface showing their position and having one or more openings or entrances; (27) ‘pots and creels’ means traps in the form of cages or baskets designed to catch crustaceans , molluscs or fish that are set on the seabed or suspended on it, either singly or in rows connected by ropes (buoy-lines) to buoys on the surface showing their position and having one or more openings or entrances;

Amendment 89

Proposal for a regulation

Article 6 — paragraph 1 — point 28

Text proposed by the Commission Amendment (28) ‘handline’ means a fishing technique where a single fishing line is held in the hands. One or more lures or baited hooks are attached to the line ; (28) ‘handline’ means a single hand-held fishing line to which one or more lures or baited hooks are attached;

Amendment 90

Proposal for a regulation

Article 6 — paragraph 1 — point 29

Text proposed by the Commission Amendment (29) ‘St Andrews cross’ means a grab which employs a scissor-like action to harvest for example bivalve molluscs or red coral from the seabed; (29) ‘St Andrews cross’ means a grab which may employ a scissor-like action to harvest for example bivalve molluscs or red coral from the seabed;

Amendment 91

Proposal for a regulation

Article 6 — paragraph 1 — point 30

Text proposed by the Commission Amendment (30) ‘codend’ means the rearmost part of the trawl, having either a cylindrical shape, i.e. the same circumference throughout, or a tapering shape. Made up of one or more panels (pieces of netting) of the same mesh size attached to one another along their sides in the axis of the trawl by a seam where a side rope may be attached. For regulatory purposes this shall be taken as the last 50 meshes of the net; (30) ‘codend’ means the rearmost part of the trawl, having either a cylindrical shape, i.e. the same circumference throughout, or a tapering shape. Made up of one or more panels (pieces of netting) attached to one another along their sides. For regulatory purposes this shall be taken as the last 50 meshes of the net;

Amendment 92

Proposal for a regulation

Article 6 — paragraph 1 — point 31

Text proposed by the Commission Amendment (31) ‘mesh size’ means the mesh size of any codend of a towed gear as measured in accordance with the procedure set out in Commission Regulation (EC) No 517/2008 (40) ; (31) ‘mesh size’ means: (a) in knotted nets: the greatest distance between two opposite knots on the same mesh when it is fully extended; (b) in knotless nets: the greatest distance between two opposite corners along the longest axis on the same mesh when it is fully extended;

Amendment 93

Proposal for a regulation

Article 6 — paragraph 1 — point 32

Text proposed by the Commission Amendment (32) ‘square mesh’ means the mesh shape originating from mounting netting with 45o deviation from the N-direction such that the bars run parallel and at 90o to the trawl axis; (32) ‘square mesh’ means a four-sided mesh consisting of two sets of parallel bars with the same nominal length, where one set is parallel, and the other is at a right angle to the longitudinal axis of the net ;

Amendment 94

Proposal for a regulation

Article 6 — paragraph 1 — point 33

Text proposed by the Commission Amendment (33) ‘diamond mesh’ means normal rhomboid shape of meshes in sheet netting; (33) ‘diamond mesh’ means four bars of the same length, in which the diagonals of the mesh are perpendicular and one diagonal is parallel to the longitudinal axis of the netting;

Amendment 95

Proposal for a regulation

Article 6 — paragraph 1 — point 36

Text proposed by the Commission Amendment (36) ‘sieve net’ means a device attached to the full circumference of the shrimp trawl near the beam, and tapering to an apex where it is attached to the bottom sheet of the shrimp trawl. An exit hole is cut where the sieve net and codend join, allowing species or individuals too large to pass through the sieve to escape, whereas the shrimp can pass through the sieve and into the codend; deleted

Amendment 96

Proposal for a regulation

Article 6 — paragraph 1 — point 38

Text proposed by the Commission Amendment (38) ‘immersion time’ means the period from the point of time when the nets are first put in the water until the point of time when the nets are fully recovered on board the fishing vessel; (38) ‘immersion time’ means the period from the point of time when a gear is first put in the water until the point of time when it is fully recovered on board the fishing vessel;

Amendment 97

Proposal for a regulation

Article 6 — paragraph 1 — point 39

Text proposed by the Commission Amendment (39) ‘gear monitoring sensors’ means remote electronic sensors that can be placed on trawls or purse seine to monitor key performance parameters such as the distance between trawl doors or size of the catch; (39) ‘gear monitoring sensors’ means remote electronic sensors that are attached to monitor key parameters such as the distance between trawl doors or volume of the catch;

Amendment 98

Proposal for a regulation

Article 6 — paragraph 1 — point 39 a (new)

Text proposed by the Commission Amendment (39a) ‘weighted line’ means a line of baited hooks with added weight to increase its sinking speed and thereby reduce its time of exposure to seabirds;

Amendment 99

Proposal for a regulation

Article 6 — paragraph 1 — point 40

Text proposed by the Commission Amendment (40) ‘acoustic deterrent device’ means remote devices used to make species such as marine mammals aware and warn them of the presence of fishing gears by emitting acoustic signals ; (40) ‘acoustic deterrent device’ means remote devices that emit acoustic signals to deter species such as marine mammals from fishing gears;

Amendment 100

Proposal for a regulation

Article 6 — paragraph 1 — point 42

Text proposed by the Commission Amendment (42) ‘high grading’ means the practice of discarding low priced fish that are subject to catch limits, even though they could have been legally landed, so as to maximise the total economic or monetary value of the fish brought back to harbour. (42) ‘high grading’ means the practice of discarding low priced fish that are subject to catch limits, even though they should have been legally landed, so as to maximise the total economic or monetary value of the fish brought back to harbour;

Amendment 101

Proposal for a regulation

Article 6 — paragraph 1 — point 43 a (new)

Text proposed by the Commission Amendment (43a) ‘significant adverse impacts’ means significant adverse impacts as defined in point (c) of Article 2 of Regulation (EC) No 734/2008;

Amendment 102

Proposal for a regulation

Article 6 — paragraph 1 — point 45 a (new)

Text proposed by the Commission Amendment (45a) ‘performance indicators’ means a set of parameters aimed at assessing the efficiency of technical measures.

Amendments 303 and 349

Proposal for a regulation

Article 7 — paragraph 1 — point b

Text proposed by the Commission Amendment (b) electric current except for the use of the electric pulse trawl as set out in Article 24 and Part E of Annex V ; (b) electric current;

Amendment 103

Proposal for a regulation

Article 7 — paragraph 1 — point g

Text proposed by the Commission Amendment (g) any type of projectile; (g) any type of projectile , with the exception of those used to kill caged or trapped tuna and of handheld spears and spear guns used in recreational fishing without an aqualung, from dawn until dusk ;

Amendment 296

Proposal for a regulation

Article 7 — paragraph 1 a (new)

Text proposed by the Commission Amendment Notwithstanding the provisions of Article 2, this Article shall apply in international waters and the waters of third countries.

Amendment 104

Proposal for a regulation

Article 9 — paragraph 1

Text proposed by the Commission Amendment 1. No part of any towed gear shall be constructed of a mesh size smaller than the codend mesh size. This provision shall not apply to netting devices used for the attachment of gear monitoring sensors. 1. No part of any towed gear shall be of a mesh size smaller than the codend mesh size. This provision shall not apply to netting devices used for the attachment of gear monitoring sensors or to selectivity devices to improve size or species selectivity for marine species .

Amendment 105

Proposal for a regulation

Article 9 — paragraph 3

Text proposed by the Commission Amendment 3. It shall be prohibited to construct any codend or attach any device that obstructs or otherwise effectively diminishes the mesh size of the codend or any part of a towed gear. This provision shall not exclude the use of specified devices used to reduce wear and tear, to strengthen or to limit the escape of catches in the forward part of towed gears. 3. The use and transport on board fishing vessels of any device that obstructs or otherwise effectively diminishes the mesh size of the codend or any part of a towed gear shall be prohibited . This provision shall not exclude the use of specified devices used to reduce wear and tear, to strengthen or to limit the escape of catches in the forward part of towed gears , or the installation of catch control devices.

Amendment 106

Proposal for a regulation

Article 10 — title

Text proposed by the Commission Amendment

Amendment 107

Proposal for a regulation

Article 10 — paragraph 4 — indent 1

Text proposed by the Commission Amendment — Albacore (Thunnus alalunga), (Does not affect English version.)

Amendment 108

Proposal for a regulation

Article 10 — paragraph 5

Text proposed by the Commission Amendment 5. It shall be prohibited to deploy any bottom set gillnet, entangling net and trammel nets at any position where the charted depth is greater than 600 metres. 5. It shall be prohibited to deploy any bottom set gillnet, entangling net and trammel nets at any position where the charted depth is greater than 200 metres.

Amendment 109

Proposal for a regulation

Article 10 — paragraph 5 a (new)

Text proposed by the Commission Amendment 5a. Notwithstanding paragraph 5: (a) specific derogations as specified in Annex V Part C point 6, Annex VI Part C points 6 and 9 and Annex VII Part C point 4 shall apply where the charted depth is between 200 and 600 metres; (b) the deployment of bottom set gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres shall be allowed in the fishing zone defined in point (e) of Article 5.

Amendment 272

Proposal for a regulation

Article 10 — paragraph 5 b (new)

Text proposed by the Commission Amendment 5b. It shall be prohibited to deploy any bottom set gillnet, entangling net or trammel net in sites designated in accordance with Directives 92/43/EEC, 2009/147/EC and 2008/56/EC where this has an adverse effect on the conservation status of the sensitive species and habitats.

Amendment 111

Proposal for a regulation

Article 11 — paragraph 3

Text proposed by the Commission Amendment 3. When caught as bycatches , species referred to in paragraph 1 and 2 shall not be harmed and specimens shall be promptly released back into the sea. 3. When caught accidentally , species referred to in paragraph 2 shall not be harmed and specimens shall be promptly released back into the sea.

Amendment 112

Proposal for a regulation

Article 11 — paragraph 3 a (new)

Text proposed by the Commission Amendment 3a. Paragraph 3 shall not apply when the flag Member State has an official programme that addresses the collection and scientific study of specimens of the species listed in Annex I.

Amendment 113

Proposal for a regulation

Article 11 — paragraph 4

Text proposed by the Commission Amendment 4. Where the best available scientific advice indicates that an amendment of the list in Annex I is necessary through the addition of new species which require protection, the Commission shall be empowered to adopt such amendments by means of delegated acts in accordance with Article 32. 4. Where the best available scientific advice indicates that an amendment of the list in Annex I is necessary through the addition of new species which require protection or the deletion of species which no longer need to remain on the list , the Commission shall be empowered to adopt such amendments by means of delegated acts in accordance with Article 32.

Amendment 114

Proposal for a regulation

Article 11 — paragraph 5

Text proposed by the Commission Amendment 5. Measures adopted pursuant to paragraph 4 of this Article shall aim at achieving the target set out in Article 4(1)(b). 5. Measures adopted pursuant to paragraph 4 of this Article should be preceded by an assessment of the performance indicators set out in Article 4(1)(b).

Amendment 115

Proposal for a regulation

Article 12 — title

Text proposed by the Commission Amendment

Amendment 116

Proposal for a regulation

Article 12 — paragraph 2

Text proposed by the Commission Amendment 2. When caught as bycatch , species referred to in paragraph 1 shall not be harmed and specimens shall be promptly released. 2. When caught accidentally , species referred to in paragraph 1 shall not be harmed and specimens shall be promptly released. Fishing vessel operators shall record and transmit to the relevant authorities information on those incidental catches, in accordance with Regulation (EU) 2017/1004 of the European Parliament and of the Council (1a) .

Amendment 117

Proposal for a regulation

Article 12 — paragraph 3

Text proposed by the Commission Amendment 3. Notwithstanding paragraphs 1 and 2, the retention on board, transhipment or landing of specimens of marine species referred to in paragraph 1 which have been caught as bycatch , shall be authorised as far as this activity is necessary to secure assistance for the recovery of the individual animals and provided that the competent national authorities concerned have been fully informed in advance. 3. Notwithstanding paragraphs 1 and 2, the retention on board, transhipment or landing of specimens of marine species referred to in paragraph 1 which have been caught accidentally , shall be permitted as far as this activity is necessary to secure assistance for the recovery of the individual animals . The retention on board, transhipment or landing of specimens of marine species shall be permitted where the specimen is dead and provided that it can be used for scientific purposes. The competent national authorities concerned shall be fully informed in advance.

Amendment 118

Proposal for a regulation

Article 12 — paragraph 3 a (new)

Text proposed by the Commission Amendment 3a. Paragraphs 1 and 2 shall not apply when the flag Member State has an official programme that addresses the collection and scientific study of specimens of seabirds, reptiles or marine mammals.

Amendment 119

Proposal for a regulation

Article 12 — paragraph 5

Text proposed by the Commission Amendment 5. Measures adopted pursuant to in paragraph 4 of this Article shall aim at achieving the target set out in Article 4(1)(b). 5. Measures adopted pursuant to paragraph 4 of this Article shall aim at achieving the objectives of this Regulation in relation to the performance indicators set out in Article 4(1)(b).

Amendment 120

Proposal for a regulation

Article 12 — paragraph 5 a (new)

Text proposed by the Commission Amendment 5a. Member States shall monitor the effectiveness of measures adopted under this Article on minimising incidental catches and report to the Commission on progress by … [two years after the date of entry into force of this Regulation] and every three years thereafter.

Amendment 121

Proposal for a regulation

Article 13 — paragraph 1

Text proposed by the Commission Amendment 1. It shall be prohibited to deploy the fishing gears specified in Annex II within the relevant areas set out in that Annex. 1. It shall be prohibited to deploy the fishing gears specified in Annex II within the relevant areas set out in that Annex. Appropriate assessment shall be carried out by Member States when fishing gears are deployed in special areas of conservation under Directive 92/43/EEC and special protection areas under Directive 2009/147/EC.

Amendment 122

Proposal for a regulation

Article 13 — paragraph 1 a (new)

Text proposed by the Commission Amendment 1a. The deliberate disturbance, deterioration or destruction of sensitive habitats and of breeding sites or resting places of sensitive species shall be prohibited.

Amendment 123

Proposal for a regulation

Article 13 — paragraph 2

Text proposed by the Commission Amendment 2. Where the best available scientific advice recommends an amendment of the list of areas in Annex II, including the addition of new areas, the Commission shall be empowered to adopt such amendments by means of delegated acts, pursuant to the procedure laid down in Article 11(2) and 11(3) of Regulation (EU) 1380/2013. When adopting such amendments, the Commission shall give particular attention to the mitigation of negative effects of the displacement of fishing activity to other sensitive areas. 2. Where the best available scientific advice recommends an urgent amendment of the list of areas in Annex II, the Commission shall be empowered to adopt such amendments by means of delegated acts, pursuant to the procedure laid down in Article 11(2) and 11(3) of Regulation (EU) No 1380/2013. When presenting a proposal with such amendments, the Commission shall provide a full map of the vulnerable area and give particular attention to the mitigation of negative social, economic and environmental effects of the displacement of fishing activity to other areas.

Amendment 124

Proposal for a regulation

Article 13 — paragraph 3

Text proposed by the Commission Amendment 3. Where such habitats occur in waters under the sovereignty or jurisdiction of a Member State, that Member State is empowered to establish closed areas or other conservation measures to protect such habitats, pursuant to the procedure laid down in Article 11 of Regulation (EU) No 1380/2013. Such measures shall be compatible with the objectives of Article 2 of Regulation (EU) 1380/2013 and be at least as stringent as measures under Union law. 3. Where the areas referred to in Annex II are in waters under the sovereignty or jurisdiction of a Member State, that Member State is empowered to establish closed areas or other conservation measures to protect such habitats, pursuant to the procedure laid down in Article 11 of Regulation (EU) No 1380/2013. Such measures shall be compatible with the objectives of Article 2 of Regulation (EU) No 1380/2013 and be at least as stringent as measures under Union law.

Amendment 125

Proposal for a regulation

Article 13 — paragraph 4 a (new)

Text proposed by the Commission Amendment 4a. Member States shall adopt measures to protect areas where vulnerable marine ecosystems as defined in point (b) of Article 2 of Regulation (EC) No 734/2008 occur or are likely to occur in waters falling under their sovereignty or jurisdictions and close those areas to bottom fishing activities unless the best available scientific advice demonstrates that such activities do not have significant adverse impacts on those ecosystems. Such measures shall be consistent with the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72, and shall as a minimum be equivalent in terms of level of protection provided for vulnerable marine ecosystems under Regulation (EC) No 734/2008.

Amendment 126

Proposal for a regulation

Article 14 — paragraph 1 — point a

Text proposed by the Commission Amendment (a) ensuring the protection of juveniles of marine species pursuant to Article 15(11) and 15(12) of Regulation (EU) No 1380/2013; (a) ensuring the protection of juveniles of marine species so that the majority of the fish caught have reached spawning age before being caught and pursuant to Article 15(11) and 15(12) of Regulation (EU) No 1380/2013;

Amendment 127

Proposal for a regulation

Article 14 — paragraph 1 — point a a (new)

Text proposed by the Commission Amendment (aa) prohibiting the placing on the market for human consumption of juveniles of marine species pursuant to point (b) of Article 2(5) and Article 15(11) of Regulation (EU) No 1380/2013;

Amendment 128

Proposal for a regulation

Article 14 a (new)

Text proposed by the Commission Amendment Article 14a Imported fisheries products intended for human consumption Imported fisheries products intended for human consumption that have been caught outside Union waters in the areas, subareas and divisions referred to in Article 5 shall comply with the minimum conservation reference sizes laid down in the Annexes to this Regulation.

Amendment 129

Proposal for a regulation

Article 15 — paragraph 1

Text proposed by the Commission Amendment Member States shall have in place measures to facilitate the storage of or find outlets for catches below minimum conservation reference sizes landed in accordance with Article 15(1) of Regulation (EU) No 1380/2013. Those measures may include support for investment in the construction and adaptation of landing sites and shelters, or support for investments to add value to fishery products. Member States shall have in place adequate measures to facilitate the storage of or find outlets for catches below minimum conservation reference sizes landed in accordance with Article 15(1) of Regulation (EU) No 1380/2013. Those measures shall include support for investment in the construction and adaptation of landing sites and shelters, as well as support for investments to add value to fishery products.

Amendment 130

Proposal for a regulation

Article 16 — paragraph 1

Text proposed by the Commission Amendment 1. The practices of high grading and slipping shall be prohibited. 1. The practice of high grading shall be prohibited.

Amendment 131

Proposal for a regulation

Article 16 — paragraph 2

Text proposed by the Commission Amendment 2. Paragraph 1 shall not apply to catches of species which are exempted from the application of the landing obligation in accordance with Article 15(4) of Regulation (EU) No 1380/2013. 2. Paragraph 1 shall not apply to fishing activities in the Mediterranean Sea or catches of species which are exempted from the application of the landing obligation in accordance with Article 15(4) of Regulation (EU) No 1380/2013.

Amendment 132

Proposal for a regulation

Article 17 — title

Text proposed by the Commission Amendment

Amendment 133

Proposal for a regulation

Article 17 — paragraph 1

Text proposed by the Commission Amendment 1. Member States may conduct pilot projects with the aim of exploring methods for the avoidance, minimisation and elimination of unwanted catches of the species not subject to catch limits . Those pilot projects shall take account of the opinions of the relevant Advisory Councils and be based on best available scientific advice. 1. Member States may conduct pilot projects with the aim of exploring methods for the avoidance, minimisation and elimination of unwanted catches. Those pilot projects shall take account of the opinions of the relevant Advisory Councils and be based on best available scientific advice.

Amendment 134

Proposal for a regulation

Article 17 — paragraph 2

Text proposed by the Commission Amendment 2. Where the results of those pilot studies or other scientific advice indicate that unwanted catches of species which are not subject to catch limits are significant, Member States may establish technical measures to reduce those unwanted catches in accordance with the procedure set out in Article 19 of Regulation (EU) 1380/2013. Those technical measures shall apply solely to fishing vessels flying the flag of that Member State. 2. Where the results of those pilot studies or other scientific advice indicate that unwanted catches of species which are not subject to catch limits are significant, Member States shall establish technical measures to avoid or as far as possible reduce those unwanted catches in accordance with the procedure set out in Article 19 of Regulation (EU) No 1380/2013 or in Article 18 of this Regulation .

Amendment 135

Proposal for a regulation

Article 17 — paragraph 2 a (new)

Text proposed by the Commission Amendment 2a. In cases where other Member States wish to establish similar technical measures, a joint recommendation may be submitted in accordance with Article 18.

Amendment 137

Proposal for a regulation

Article 17 a (new)

Text proposed by the Commission Amendment Article 17a Documentation In accordance with Article 49 of Regulation (EC) No 1224/2009, Member States may introduce electronic monitoring arrangements in order to document catches, discards and fishing activity.

Amendment 138

Proposal for a regulation

Chapter 2 — section 5 a (new)

Text proposed by the Commission Amendment SECTION 5a ADAPTATION OF FISHING VESSELS Article 17b Adaptation of tonnage On new and existing fishing vessels, increases in the tonnage of the vessel intended to improve safety on board, working conditions and the hygiene and quality of products, as well as increases in the tonnage of the vessel intended to store unwanted catches subject to the landing obligation in accordance with Article 15 of Regulation (EU) No 1380/2013 shall be authorised, provided that they do not result in an increase in the vessel’s catch potential. The corresponding volumes shall not be taken into account for the purpose of assessing fishing capacity in the light of the ceilings imposed in Annex II to Regulation (EU) No 1380/2013 or in the entry/exit schemes referred to in Article 23 of that Regulation.

Amendment 139

Proposal for a regulation

Article 18 — title

Text proposed by the Commission Amendment

Amendment 140

Proposal for a regulation

Article 18 — paragraph 1 — point g

(g) in Annex XI for the Outermost Regions . (g) in Annex XI for the Union waters in the Indian Ocean and the West Atlantic .

Amendment 141

Proposal for a regulation

Article 18 — paragraph 1 — subparagraph 1 a (new)

Text proposed by the Commission Amendment However, the provisions on mesh sizes set out in Part B of Annexes V to XI shall only apply in so far as, by … [18 months after the date of entry into force of this Regulation], no delegated act has been adopted pursuant to paragraph 2 of this Article covering the same subject-matter for the fisheries concerned. In the event that Part B of an Annex to this Regulation becomes applicable, the Commission shall, notwithstanding point 4 of Article 6(1), by the same date adopt a delegated act in accordance with Article 32 supplementing this Regulation by providing a definition of ‘directed fishing’ for the purpose of applying Part B in the relevant fishing zone and to the fisheries concerned. Until the date of expiry of the deadline set out in the second subparagraph of this paragraph or until the date of adoption of the delegated act referred to in that subparagraph, whichever is earlier, the provisions applicable to mesh sizes on … [the day before the date of entry into force of this Regulation (*1) ] shall continue to apply in respect of the fishing areas concerned.

Amendment 142

Proposal for a regulation

Article 18 — paragraph 1 a (new)

Text proposed by the Commission Amendment 1a. Where appropriate in order to achieve the objectives of the CFP and to take into account the specificities of a region, technical measures that deviate from the measures referred to in paragraph 1 of this Article may be adopted in the context of a multiannual plan referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013.

Amendment 143

Proposal for a regulation

Article 18 — paragraph 2

Text proposed by the Commission Amendment 2. In accordance with the procedure set out in Article 18 of Regulation (EU) No 1380/2013 Member States may submit joint recommendations defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1. 2. Where no multiannual plan is in place for the fisheries in question or where the relevant multiannual plan does not establish technical measures or a procedure for the adoption of such technical measures, the Commission is empowered to adopt delegated acts in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 supplementing this Regulation by defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1 , in particular by establishing mesh sizes to be applied at regional level . For the purpose of adopting such delegated acts, Member States may submit a joint recommendation in accordance with Article 18(1) of Regulation (EU) No 1380/2013 by … [12 months after the date of entry into force of this Regulation]. The Commission shall make those joint recommendations public immediately after their submission by the Member States and shall make public any scientific assessment carried out to ensure their compliance with Article 18(5) of Regulation (EU) No 1380/2013.

Amendment 144

Proposal for a regulation

Article 18 — paragraph 2 a (new)

Text proposed by the Commission Amendment 2a. The measures adopted pursuant to paragraphs 1a and 2 shall: (a) aim at achieving the objectives set out in Article 3 of this Regulation, taking particular account of the performance indicators set out in Article 4 hereof; (b) be guided by the principles of good governance set out in Article 3 of Regulation (EU) No 1380/2013; (c) provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact, including through the allocation of fishing opportunities; and (d) be at least equivalent to the measures referred to in paragraph 1 or, in the case of rules on mesh sizes, to the measures applicable on… [the day before the date of entry into force of this Regulation] in terms of exploitation patterns and the level of protection provided for sensitive species and habitats.

Amendment 145

Proposal for a regulation

Article 18 — paragraph 3

Text proposed by the Commission Amendment 3. Technical measures recommended in accordance with paragraph 2 shall as a minimum be equivalent in terms of exploitation patterns and level of protection provided for sensitive species and habitats as those measures referred to in paragraph 1 . 3. In accordance with Article18(5) of Regulation (EU) No 1380/2013, Member States shall base the joint recommendations referred to in paragraph 2 of this Article on the best available scientific advice. That scientific advice shall take into account the impact of such measures on the targeted species and sensitive species and habitats , demonstrating the benefits for the conservation of the marine ecosystem .

Amendment 146

Proposal for a regulation

Article 18 — paragraph 3 a (new)

Text proposed by the Commission Amendment 3a. Notwithstanding Article 18(1), (3) and (6) of Regulation (EU) No 1380/2013, the Commission may adopt such delegated acts also in the absence of a joint recommendation referred to in these paragraphs.

Amendment 147

Proposal for a regulation

Article 19

Text proposed by the Commission Amendment Article 19 deleted Regional measures under multiannual plans 1. The Commission shall be empowered to establish technical measures at regional level with the aim of achieving objectives of multiannual plans referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013. Such measures shall be established by means of delegated acts adopted in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013. 2. Measures established in accordance with paragraph 1 may: (a) amend or supplement the measures set out in Annexes V to XI; (b) derogate from the measures set out in Annexes V to XI for a specific area or time period, provided it can be demonstrated that those measures have no conservation benefit in that area or period or that the alternative measures achieve the same objectives. 3. A multiannual plan may define the kind of technical measures that may be adopted pursuant to paragraphs 1 and 2 for the relevant region. 4. The measures adopted pursuant to paragraphs 1 and 2 shall (a) aim at achieving the objectives and targets set out in Articles 3 and 4 of this Regulation; (b) be guided by the principles of good governance set out in Article 3 of Regulation (EU) No 1380/2013; and (c) provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact through the allocation of fishing opportunities. 5. Where Member States submit joint recommendations for the establishment of technical measures as referred to in paragraph 1, they shall provide scientific evidence to support the adoption of those measures. 6. The Commission may require the STECF to assess the joint recommendations referred to in paragraph 5.

Amendment 148

Proposal for a regulation

Article 20 — paragraph 1 — introductory part

Text proposed by the Commission Amendment 1. When Member States submit joint recommendations in accordance with Article 19 to define size selective and species selective gears, they shall provide evidence demonstrating that those gears meet at least one of the following criteria: 1. When Member States submit joint recommendations in accordance with Article 18 to define size selective and species selective gears, they shall provide evidence demonstrating that those gears meet at least one of the following criteria:

Amendment 149

Proposal for a regulation

Article 21 — paragraph 1 — introductory part

Text proposed by the Commission Amendment When Member States submit joint recommendations in accordance with Article 19 to amend the closed or restricted areas listed in Part C of Annexes V to VIII and X and Part B of Annex XI or establish new closed or restricted areas they shall include the following elements in respect of such closed or restricted areas in those joint recommendations: When Member States submit joint recommendations in accordance with Article 18 to amend the closed or restricted areas listed in Part C of Annexes V to VIII and X and Part B of Annex XI, establish new closed or restricted areas , or do away with them, they shall include the following elements in respect of such closed or restricted areas in those joint recommendations:

Amendment 150

Proposal for a regulation

Article 21 — paragraph 1 a (new)

Text proposed by the Commission Amendment If Member States do not adopt joint recommendations, the Commission may adopt delegated acts in accordance with Article 32 establishing closed or restricted areas on the basis of the best available scientific advice.

Amendment 151

Proposal for a regulation

Article 22 — paragraph 1

Text proposed by the Commission Amendment 1. When Member States submit joint recommendations in accordance with Article 19 to amend or establish minimum conservation reference sizes listed in Part A of Annexes V to X they shall respect the objective of ensuring the protection of juveniles of marine species. 1. When Member States submit joint recommendations in accordance with Article 18 to amend or establish minimum conservation reference sizes listed in Part A of Annexes V to X they shall respect the objective of ensuring the protection of juveniles of marine species. Joint recommendations shall be based on the best available scientific evidence and shall take into account biological grounds, in particular the maturity size of the species. Joint recommendations shall not jeopardise the control and enforcement provisions relating to the landing and marketing of fishery products.

Amendment 152

Proposal for a regulation

Article 23 — paragraph 1 — introductory part

Text proposed by the Commission Amendment When Member States submit joint recommendations in accordance with Article 19 to allow for the creation of real-time closures and moving on provisions with the aim of ensuring the protection of aggregations of juveniles or spawning fish or shellfish species, they shall include the following elements: When Member States submit joint recommendations in accordance with Article 18 to allow for the creation of real-time closures and moving on provisions with the aim of ensuring the protection of aggregations of juveniles or spawning fish or shellfish species or sensitive species , they shall include the following elements:

Amendment 153

Proposal for a regulation

Article 23 — paragraph 1 a (new)

Text proposed by the Commission Amendment 1a. In the event that the vessels of only one Member State are affected by the real-time closures or the displacements, measures based on the best available scientific advice shall be adopted to reduce the impact on the affected vessels.

Amendments 304 and 154

Proposal for a regulation

Article 24 — paragraph 1

Text proposed by the Commission Amendment 1. When Member States submit joint recommendations in accordance with Article 19 to allow for the use or extend the use of innovative fishing gears including the pulse trawl as described in Part E of Annex V within a specific sea basin, they shall provide an assessment of the likely impacts of using such gears on the targeted species and on sensitive species and habitats. 1. When Member States submit joint recommendations in accordance with Article 18 to allow for the use or extend the use of innovative fishing gears within a specific sea basin, they shall provide an assessment of the likely impacts of using such gears on the targeted species and on sensitive species and habitats. Such an assessment shall be based on use of the innovative gear during a trial period which shall be limited to no more than 5 % of the vessels currently in that metier for a period of at least four years.

Amendment 155

Proposal for a regulation

Article 24 — paragraph 3

Text proposed by the Commission Amendment 3. The use of innovative fishing gears shall not be permitted where those assessments indicate that their use will lead to negative impacts on sensitive habitats and non-target species. 3. The use of innovative fishing gears shall only be permitted on a commercial scale where the assessment referred to in paragraph 1 indicates that in comparison with existing regulated fishing gear and techniques, their use will not lead to direct or cumulative negative impacts on marine habitats, including sensitive habitats or non-target species.

Amendment 156

Proposal for a regulation

Article 25 — paragraph 1 — indent 2 a (new)

Text proposed by the Commission Amendment — provide information on the effectiveness of existing mitigation measures and monitoring arrangements;

Amendment 158

Proposal for a regulation

Article 25 — paragraph 1 a (new)

Text proposed by the Commission Amendment Member States shall ensure that the fishermen directly concerned by these measures are appropriately consulted.

Amendment 159

Proposal for a regulation

Article 26 — paragraph 1 — point d a (new)

Text proposed by the Commission Amendment (da) derogations adopted on the basis of Article 15(4) of Regulation (EU) No 1380/2013;

Amendment 160

Proposal for a regulation

Article 26 — paragraph 2

Text proposed by the Commission Amendment 2. The measures referred to in paragraph 1 shall aim at achieving the objectives set out in Article 3 and in particular for the protection of aggregations of juveniles or spawning fish or shellfish species. 2. The measures referred to in paragraph 1 shall aim at achieving the objectives set out in Article 3 and in particular for the protection of aggregations of juveniles or spawning fish or shellfish species. They shall be at least as stringent as technical measures applicable under Union law.

Amendment 161

Proposal for a regulation

Article 26 a (new)

Text proposed by the Commission Amendment Article 26a Pilot projects on full documentation of catches and discards 1. The Commission is empowered to adopt delegated acts in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013, supplementing this Regulation by defining pilot projects that develop a system of full documentation of catches and discards based on measurable targets and objectives, for the purpose of a results-based management of fisheries. 2. The pilot projects referred to in paragraph 1 of this Article may derogate from the measures set out in Part B of Annexes V to XI for a specific area and for a maximum period of one year, provided that it can be demonstrated that such pilot projects aim at achieving the objectives set out in Article 3 an