Legislative resolution embodying Parliament's opinion on the proposal for a Council Decision concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2002 with a view to achieving a balance on a sustainable basis between resources and their exploitation (COM(96)0237 C4-0438/96 96/0142(CNS))
Date: 1996-12-13
Institutions: Committee on Fisheries, European Parliament
Subjects: Community fisheries, ecological balance, exploitation of resources, fishery resources, over-exploitation of resources













EUR-Lex - 51996AP0399 - EN






Avis juridique important




|



51996AP0399

Legislative resolution embodying Parliament's opinion on the proposal for a Council Decision concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2002 with a view to achieving a balance on a sustainable basis between resources and their exploitation (COM(96)0237 C4-0438/96 96/0142(CNS))  


Official Journal C 020 , 20/01/1997 P. 0372 





A4-0399/96Proposal for a Council Decision concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2002 with a view to achieving a balance on a sustainable basis between resources and their exploitation (COM(96)0237 - C4-0438/96 - 96/0142(CNS))The proposal was adopted with the following amendments:(Amendment 1)Title>Original text>Proposal for a Council Decision concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2002 with a view to achieving a balance on a sustainable basis between resources and their exploitation>Text following EP vote>Proposal for a Council Decision concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 1999 with a view to achieving a balance on a sustainable basis between resources and their exploitation>Text following EP vote>This amendment applies to the entire text.(Amendment 2)Citation 1>Original text>Having regard to the Treaty establishing the European Community,>Text following EP vote>Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,(Amendment 3)Recital -1 (new)>Text following EP vote>Whereas the fisheries sector must be restructured, and improved resources management requires the strengthening of global Community policy concerning the various aspects of the CFP: a certain reduction in capacity, a certain reduction in fisheries activities, more effective controls (including satellite controls), increasingly selective choice of gear, protection of fry ('technical measures'), reorientation of part of the fleet towards new species, new fishing grounds and multi-functional activity, and an effective market policy with clear rules properly applied, to prevent unjustified price collapses;(Amendment 4)Recital 1>Original text>Whereas the Community fisheries sector should be restructured in a way that takes into account the characteristics of each fishery; whereas the objectives and detailed rules for restructuring the Community fleet should be fixed by fleet segment in relation to a stock or group of stocks;>Text following EP vote>Whereas the Community fisheries sector should be restructured in a way that takes into account the characteristics of each fishery; whereas the objectives and detailed rules for restructuring the Community fleet should be fixed by fleet segment in relation to a stock or group of stocks, taking account of the constraints associated with multi-species fisheries and multi-functional fleets; whereas there should be a simultaneous assessment of the economic and social consequences of restructuring for the fisheries sector;(Amendment 5)Recital 1a (new)>Text following EP vote>Whereas, however, this segmentation should not have characteristics making its utilization difficult or its implementation excessively complicated;(Amendment 6)Recital 2>Original text>Whereas, given the generally worrying findings as to the state of the resources accessible to Community vessels, reinforced by the production of a report by independent experts delivered by the Commission to the Council on 22 April 1996, the Council agreed that it was necessary, over a period of time sufficiently long to afford a real remedy, to adopt precise guidelines for the adjustment of capacity and fishing effort in the various segments of the Community fleet according to a programme that takes into account the state of the various stocks or groups of stocks, whilst taking into account that the Member States will not be prevented from taking the quotas actually available;>Text following EP vote>Whereas, given the generally worrying findings as to the state of the resources accessible to Community vessels, reinforced, as regards a certain number of cases, by the production of a report by independent experts delivered by the Commission to the Council on 22 April 1996, the Council agreed that it was necessary, over a period of time sufficiently long to afford a real remedy, to adopt precise guidelines for the adjustment of capacity and fishing effort in the various segments of the Community fleet according to a programme that takes into account the state of the various stocks or groups of stocks, whilst taking into account that the Member States will not be prevented from taking the quotas actually available;(Amendment 7)Recital 2a (new)>Text following EP vote>Whereas, at all events, account must be taken of the need to involve the Community Structural Funds in the actions to adjust fishing effort and of the period of effective application of the MGP IV programmes, as referred to in the previous recital, which cannot go beyond the period covered by Regulation (EC) No 3699/93;(Amendment 8)Recital 2b (new)>Text following EP vote>Whereas continuous global scientific studies must be carried out regularly in order to verify the extent of the decline in stocks;(Amendment 9)Recital 2c (new)>Text following EP vote>Whereas, despite the progress registered over time, the information available is scanty and not fully trustworthy, and the observation/analysis instruments and mathematical models used are significantly error-prone, thus introducing considerable uncertainty when verifying in practice the state of relative decline of stocks;(Amendment 10)Recital 2d (new)>Text following EP vote>Whereas the rational and responsible exploitation of fish stocks presupposes the continuous and permanent production of studies on the biology, behaviour and interdependence of the species concerned; whereas the need for such accompanying measures becomes all the more pressing as the condition of the stocks declines;(Amendment 11)Recital 3>Original text>Whereas the critical state of certain stocks should be recognized; whereas the urgency of the measures to be applied to these stocks justifies a reduction in the capacity of the corresponding fleet segments that is more rapid at the beginning of the programme than at the end;>Text following EP vote>Whereas the critical state of certain stocks should be recognized; whereas the urgency of the measures to be applied to these stocks justifies a more rapid reduction in the capacity of the fleet segments exploiting those stocks;(Amendment 12)Recital 3a (new)>Text following EP vote>Whereas the critical state of fish stocks cannot be blamed entirely on the fishing efforts of the fleets of the EU Member States; whereas it is essential also to assess the effects on fish stocks of fishing by third-country vessels and of pollution of human origin;(Amendment 13)Recital 3b (new)>Text following EP vote>Whereas the fishing effort must be rationalized and adapted to the state of resources by means of various measures including:>Text following EP vote>- incentives for the use of more selective technologies making it possible to minimize the problem of part of the catch being thrown back into the sea;>Text following EP vote>- creation of experimental areas for fishermen's self-management of fish resources, in agreement with third countries as appropriate;>Text following EP vote>- satellite controls;>Text following EP vote>- continuing administrative checks on fleet ownership;(Amendment 14)Recital 4>Original text>Whereas the objectives and detailed rules for restructuring must take into account the fishing types and methods and their effects on the fish stocks and the marine environment; whereas it is therefore appropriate to ensure a clear distinction between towed gears and static gears;>Text following EP vote>Whereas the objectives and detailed rules for restructuring must take into account the fishing types and methods and their proportional effects on the fish stocks and the marine environment; whereas it is therefore appropriate to include, on the basis of a proportional relationship to be determined, both towed gears and static gears;(Amendment 15)Recital 5>Original text>Whereas the characteristics of the power and tonnage of the vessels are the pertinent parameters as to fishing capacity for fleets using towed gears or purse seines, while such parameters are less pertinent for fleets using static gears; whereas for those gears, besides the provisions adopted in this Decision, provisions should be adopted in the framework of technical measures influencing the fishing mortality for which they are responsible;>Text following EP vote>Whereas the characteristics of the power and tonnage of the vessels are the pertinent parameters as to fishing capacity for fleets using towed gears or purse seines, while such parameters are less pertinent for fleets using static gears; whereas for those gears, besides the provisions adopted in this Decision, provisions must be adopted in the framework of technical measures influencing the fishing mortality for which they are directly responsible;(Amendment 16)Recital 6>Original text>Whereas as far as static gears are concerned the reference situations vary from one Member State to another; whereas provisions should be adapted to the specific circumstances in the Member States;>Text following EP vote>Deleted(Amendment 17)Recital 7>Original text>Whereas it is necessary to take into account an increased efficiency in fishing attributable solely to the effect of technical progress and generally estimated to be around 2% per year for the whole of the Community fleet;>Text following EP vote>Whereas it is necessary to monitor the increase in the fishing effort caused by technical progress which may be observed in the case of the vessels included in the modernization programmes as from the entry into force of this Decision, of which account must be taken not globally but on the basis of fleet segments;(Amendment 18)Recital 7a (new)>Text following EP vote>Whereas the Commission should therefore ask an independent group of experts to make a scientifically sound evaluation of the effects of technical progress on the fishing effort for the whole Community fleet;(Amendment 19)Recital 8>Original text>Whereas the Commission organized between September 1995 and March 1996 a series of 35 regional and European consultations with the professional organizations and local groups most affected by the evolution of fishing; whereas it emerged from this wide consultation that the restructuring of the sector, however necessary it might be, could have a social impact on employment in the industry, especially in the short term and on employment aboard ship; whereas, as far as possible and in addition to the socio-economic accompanying measures envisaged by Community regulations, the impact should be attenuated by phasing in the measures for restructuring the sector;>Text following EP vote>Whereas the Commission organized between September 1995 and March 1996 a series of 35 regional and European consultations with the professional organizations and local groups most affected by the evolution of fishing; whereas it emerged from this wide consultation that the restructuring of the sector, however necessary it might be, will have a social impact on employment in the industry, especially in the short term on employment aboard ship and on land; whereas, as far as possible and in addition to the socio-economic accompanying measures envisaged by Community regulations which should be reinforced, all feasible action should be taken to attenuate the impact of restructuring by means of accompanying social measures linked to the MGP IV programmes;(Amendment 20)Recital 9>Original text>Whereas, in cases where the state of the stocks is so critical that urgent solutions are called for, such phasing in would not be appropriate;>Text following EP vote>Deleted(Amendment 21)Recital 10>Original text>Whereas the employment generated by the sector in areas dependent on fishing should be taken into account; whereas it is justified in the case of small-scale coastal fisheries using static gears to apply special treatment, since this activity ensures a high number of direct jobs relative to the small catches of fish;>Text following EP vote>Whereas the large number of jobs generated by the sector in areas dependent on small-scale coastal fishing justifies special treatment;(Amendment 22)Recital 10a (new)>Text following EP vote>Whereas the employment generated by the fishing industry should be taken into account, while the high number of direct jobs justifies special treatment;(Amendment 23)Recital 11>Original text>Whereas in situations justified by the economic conditions of the exploitation of certain fleet segments and by the specific character of certain fishing activities, the reductions of fishing effort required by the state of the stocks can be achieved by a reduction in the level of activity of the said segments rather than a reduction in their capacity, provided that the Member State concerned demonstrates its ability to set up and administer fishing effort regimes by fishery;>Text following EP vote>Whereas in situations justified by the economic conditions of the exploitation of certain fleet segments and by the specific character of certain fishing activities, the reductions of fishing effort required by the state of the stocks must be achieved by a reduction in the level of activity of the said segments rather than a reduction in their capacity, provided that the Member State concerned demonstrates its ability to set up and administer fishing effort regimes by fishery;(Amendment 24)Recital 11a (new)>Text following EP vote>Whereas certain pelagic species are sensitive to climatic anomalies which alter the composition of their stocks independently of human management; whereas these situations must be corrected by reducing the fishing effort, together with the necessary compensatory measures for fishermen and the sector in general;(Amendment 25)Recital 14>Original text>Whereas that term does not, however, correspond to a programming period long enough to ensure sufficient restructuring of the sector, and in consequence supplementary measures should be adopted in a second phase covering a supplementary period at least equal to the first; whereas this Decision does not prejudge any accompanying Community finance for restructuring the sector that might be adopted for a period after 31 December 1999;>Text following EP vote>Deleted(Amendment 26)Recital 15a (new)>Text following EP vote>Whereas the proposals put forward make up a contract of trust between fishermen and the EU; whereas the cooperation of the professionals is essential to the success of any restructuring;(Amendment 27)Recital 16a (new)>Text following EP vote>Whereas the levels of execution and implementation of the MGP III programmes vary;(Amendment 28)Article 1(1)>Original text>1. The capacities of segments of the fishing fleet of each Member State shall be diminished according to the percentage reductions in fishing effort required by stock or group of stocks and within the deadlines set out in the Annex.>Text following EP vote>1. The Commission shall submit to the Council, after obtaining the opinion of the Scientific, Technical and Economic Committee for Fisheries, very detailed proposals for reducing the capacities of segments of the fishing fleet of each Member State, taking account of:>Text following EP vote>- the state of the stock or group of stocks, as established by a permanent and global evaluation;>Text following EP vote>- the extent to which the objectives of the MGP III programmes have been achieved;>Text following EP vote>- the specific characteristics of multi-species and multi-functional fisheries.(Amendment 29)Article 1(2)>Original text>2. When a segment of the fleet fishes several stocks or groups of stocks, the reduction applied shall be the highest percentage reduction in fishing effort corresponding to the most sensitive stock.>Text following EP vote>Deleted(Amendment 30)Article 1a (new)>Text following EP vote>Article 1aThe reduction in the fishing effort, given its effects in employment, economic and social terms on the fisheries sector and related industries, must be accompanied by the adoption of new special measures aimed at preserving employment and decent income levels for workers, both male and female, and their households. The basic principle is that there shall be automatic income compensation for fishermen in proportion to the percentage of reduction of the fishing effort decided on, by means of a Special European Fisheries Plan including the following measures:>Text following EP vote>1. identification of the regions of the EU where fisheries are in decline and inclusion of the regions concerned in ESF Objective 2;>Text following EP vote>2. adoption of a special programme 'Marine Leader' in regions where retraining is necessary in respect of fisheries activities and the related human resources;>Text following EP vote>3. identification of the 'sensitive areas' where fishing should be outlawed altogether or which should be given over temporarily to 'biological rest', with fishermen's incomes being guaranteed;>Text following EP vote>4. conversion of large-scale fisheries to the small-scale model via a specific programme, with encouragement of cooperatives involving male and female workers in the sector;>Text following EP vote>5. support for the partial or total conversion of fisheries activities, with encouragement of aquaculture and promotion of vocational refresher and retraining courses for fishermen and aid for complementary activities of a socially useful nature, such as action to clean up the marine environment;>Text following EP vote>6. specific actions in support of marketing and penetrating new markets, via such important measures as the recognition of 'typical local fishery products of quality' and support for producer organizations' direct marketing efforts.(Amendment 31)Article 2(1)>Original text>1. the capacities of segments composed of vessels using towed gears and purse seines are expressed at least in tonnage GT and total installed power kW;>Text following EP vote>1. the capacities of segments composed of vessels using towed gears and purse seines are expressed at least in tonnage GT and total installed power kW; in view of the fact that two different factors are used for determining capacities, Member States shall have the option, for the determination of real reductions, of taking account of a weighted average of tonnage GT and total installed power kW, to be decided by the Commission in parallel with the proposals referred to in Article 1(1);(Amendment 32)Article 2(3)>Original text>3. the capacities of mixed segments composed of vessels using alternately towed gears and static gears are expressed at least in tonnage GT, total installed power kW and number of vessels;>Text following EP vote>3. the capacities of mixed segments composed of vessels using alternately towed gears and static gears are expressed at least in tonnage GT, total installed power kW and number of vessels; Member States shall have the option, for the determination of real reductions, of taking account of a weighted average of tonnage GT and total installed power kW, to be decided by the Commission in parallel with the proposals referred to in Article 1(1);(Amendment 33)Article 2(3a) (new)>Text following EP vote>3a. capacity shall be adjusted to take into account the age and efficiency of vessels and their equipment.(Amendment 34)Article 3>Original text>In each Member State the fleet segment composed of fishing vessels of less than seven metres in overall length and not equipped for fishing with towed gears shall be exempt from the provisions of Article 1. Any increase in the capacity of this segment expressed in tonnage GT and in number of vessels according to the data collected pursuant to Regulation (EEC) No 109/94 shall be prohibited from 1 January 1997 until 31 December 2002.>Text following EP vote>In each Member State the fleet segment composed of fishing vessels of less than twelve metres in overall length and not equipped for fishing with towed gears shall be exempt from the provisions of Article 1. Any increase in the capacity of this segment expressed in tonnage GT and in number of vessels according to the data collected pursuant to Regulation (EEC) No 109/94 shall be prohibited from 1 January 1997 until 31 December 1999. However, all reductions of capacity in this segment shall be taken into account when calculating the overall reduction in fishing effort arising therefrom as regards the stocks concerned by the segment.(Amendment 35)Article 4(1)>Original text>1. Each Member State shall adopt the measures necessary to constrain the evolution of fishing effort, as defined by point (f) of Article 3 of Regulation (EEC) No 3760/92, exercised by fleet segments using static gears within the limits and deadlines specified in the Annex hereto. The proposed measures, the effect of which must be that the required reductions in capacity result in equivalent reductions in fishing effort, shall be submitted to the Commission for approval by 30 June 1997 at the latest.>Text following EP vote>1. Each Member State shall adopt the measures necessary to constrain the evolution of fishing effort, as defined by point (f) of Article 3 of Regulation (EEC) No 3760/92, exercised by fleet segments using static gears. The proposed measures, the effect of which must be that the required reductions in capacity result in equivalent reductions in fishing effort, shall be submitted to the Commission for approval by 30 June 1997 at the latest.(Amendment 36)Article 4(2)>Original text>2. Any Member State may propose, according to the procedure under Article 4 of Regulation (EC) No 109/94, a programme to limit fishing effort, including measures regulating fishing activity, for the segments of the fleet covered by Article 2 of this Decision. Where the Commission decides to accept such a programme it shall determine, in its decision of acceptance, to what extent and under what conditions the implementation of the said programme would result in the obligations to reduce capacity in the Member States concerned being eased within the framework of the decisions covered by Article 5(2) of Regulation (EC) No 3699/93.>Text following EP vote>2. No later than three months before the date referred to in Paragraph 1, the Commission shall define the criteria under which Member States which have achieved the objectives of the MGP III programmes may introduce greater flexibility into the objectives of the MGP IV programmes, provided these criteria do not give rise to discrimination between fleets or fleet segments. In agreement with the Commission, any Member State may propose, according to the procedure under Article 4 of Regulation (EC) No 109/94, a programme to limit fishing effort, including measures regulating fishing activity, for the segments of the fleet covered by Article 2 of this Decision. Where the Commission and Council decide to accept such a programme they shall determine to what extent and under what conditions the implementation of the said programme would result in the obligations to reduce capacity in the Member States concerned being eased within the framework of the decisions covered by Article 5(2) of Regulation (EC) No 3699/93. Should the Commission not accept such a programme, it shall provide compelling arguments in support of its decision.(Amendment 37)Article 5>Original text>The segments of the fleet affected by fisheries management recommendations issued by international organizations approved by the Community or the Member States and, if necessary, the segments of the fleet covered by fishing agreements concluded between the Community and third countries, shall be identified and their capacities adjusted by the Commission on the basis of this Directive, in line with the objectives fixed by those recommendations and the fishing opportunities defined by the agreements.>Text following EP vote>The recommendations of international fisheries organizations whose membership includes the Community or its Member States shall be followed, without prejudice to the possible use of the same fleet segment in other international areas or areas belonging to third countries.(Amendment 38)Article 6(1)>Original text>1. The implementation of the objectives and the detailed rules of this Decision shall be carried out by the Commission in two phases, the first of which shall be for the period from 1 January 1997 to 31 December 1999 within the framework of the provisions of Article 5 of Regulation (EC) No 3699/93 concerning the multiannual guidance programmes for the fishing fleets. It is within this framework that the segmentation of the fleet and the detailed rules fixing the objectives by segment as a function of the objectives fixed by the previous programmes shall be adopted.>Text following EP vote>1. The implementation, between 1 January 1997 and 31 December 1999, of the objectives and the detailed rules of this Decision shall be carried out by the Commission within the framework of the provisions of Article 5 of Regulation (EC) No 3699/93 concerning the multiannual guidance programmes for the fishing fleets. It is within this framework that the segmentation of the fleet and the detailed rules fixing the objectives by segment as a function of the objectives fixed by the previous programmes shall be adopted, with particular attention to the possibility of more flexible measures in the case of Member States which have achieved or exceeded the objectives fixed by those programmes.(Amendment 39)Article 6(2)>Original text>2. The target reductions in capacity by fleet segment, fixed according to the percentages in Annex I covering phase I (1997-1999) shall be achieved by 31 December 1999 at the latest.>Text following EP vote>2. The target reductions in capacity by fleet segment, fixed on the basis of this Decision, shall be achieved by 31 December 1999 at the latest.(Amendment 40)Article 6(3)>Original text>3. The target reductions in capacity by fleet segment, fixed according to the percentages in Annex I covering phase II (2000-2002) shall be achieved by 31 December 2002 at the latest. To this end the Member States shall transmit to the Commission by 1 January 1999 at the latest the information set out in Annex II to Regulation (EC) No 3699/93 adapted on the occasion for the period 1999- 2002.>Original text>The Scientific, Technical and Economic Committee for Fisheries established by Article 16 of Regulation (EC) No 3760/92 shall provide by 1 January 1999 at the latest a report on the evolution of fish stocks and of fisheries.On the basis of that information the Council may, according to the procedure of Article 43 of the Treaty, revise the guidelines that it has fixed in this Decision.>Text following EP vote>3. The Scientific, Technical and Economic Committee for Fisheries established by Article 16 of Regulation (EC) No 3760/92 shall provide by 1 January 1999 at the latest a report on the evolution of fish stocks and of fisheries.These objectives may be adapted on the basis of an annual report on fisheries containing recent data on resources, catch capacity by fleet segment and fishing effort, concerning which the Council and the European Parliament have been consulted.(Amendment 41)Article 7>Original text>For the period from 31 December 2002, the objectives and detailed rules envisaged in Article 11 of Regulation (EEC) No 3760/92 shall be fixed by the Council by 30 June 2002 at the latest.>Text following EP vote>For the period from 31 December 1999, the objectives and detailed rules envisaged in Article 11 of Regulation (EEC) No 3760/92 shall be fixed by the Council, after consulting the European Parliament, by 30 June 1999 at the latest.(Amendment 42)Annex>Text following EP vote>The annex is deleted.Legislative resolution embodying Parliament's opinion on the proposal for a Council Decision concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2002 with a view to achieving a balance on a sustainable basis between resources and their exploitation (COM(96)0237 - C4-0438/96 - 96/0142(CNS))(Consultation procedure)The European Parliament,- having regard to the Commission proposal to the Council, COM(96)0237 - 96/0142(CNS) ((OJ C 259, 6.9.1996, p. 6.)),- having been consulted by the Council (C4-0438/96),- having regard to Rule 58 of its Rules of Procedure,- having regard to the report of the Committee on Fisheries and the opinion of the Committee on Legal Affairs and Citizens' Rights (A4-0399/96),1. Approves the Commission proposal, subject to Parliament's amendments;2. Calls on the Commission to amend its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;4. Calls for the conciliation procedure to be opened if the Council should intend to depart from the text approved by Parliament;5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;6. Instructs its President to forward this opinion to the Council and Commission.