European Parliament legislative resolution on the proposal for a Council regulation establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the Common Fisheries Policy (COM(2004)0289 — C6-0021/2004 — 2004/0108(CNS))
Date: 2005-02-23
Institutions: European Parliament
Subjects: EU office or agency, common fisheries policy, fishing controls, operation of the Institutions

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6)

The following paragraph 1a is inserted in Annex I, Chapter I:

‘1a. Member States shall ensure that seafarers possess adequate language proficiency, as defined in
Sections A-II/1, A-III/1, A-IV/2 and A-II/4 of the STCW Code so as to enable them to perform their
specific duties on a vessel flying the flag of a host Member State.’

Article 5

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to
comply with this Directive by […] (1) at the latest. They shall forthwith communicate to the Commission the
text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accom-
panied by such a reference on the occasion of their official publication. Member States shall determine how
such reference is to be made.

2. Member States shall communicate to the Commission the text of the provisions of national law which
they adopt in the field covered by this Directive.

Article 6

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union.

Article 7

Addressees

This Directive is addressed to the Member States.

Done at …, on …

For the European Parliament
The President

For the Council
The President

(1) 24 months after the date of entry into force of this Directive.

P6_TA(2005)0044

Fisheries Control Agency *

European Parliament legislative resolution on the proposal for a Council regulation establishing a
Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a
control system applicable to the Common Fisheries Policy (COM(2004)0289 — C6-0021/2004 —
2004/0108(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2004)0289) (1),

— having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0021/2004),

(1) Not yet published in OJ.

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— having regard to Rule 51 of its Rules of Procedure,

Wednesday 23 February 2005

— having regard to the report of the Committee on Fisheries and the opinion of the Committee on

Budgets (A6-0022/2005),

1.

Approves the Commission proposal as amended;

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-

4.
tially;

5.

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

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

RECITAL 2

(2) To fulfil these obligations it is necessary for the Member
States to coordinate their control and inspection activities in
Community waters and international waters with regard to the
activities of Community fishing vessels taking into account, in
particular, the obligations of the Community in with the frame-
work of regional fisheries organisations and under agreements
with third countries.

(2) To fulfil these obligations it is necessary for the Member
States to coordinate their control and inspection activities in
Community waters,
international waters and the waters of
third countries with which the Community has negotiated a
fisheries agreement that includes an enforcement agreement
with regard to the activities of Community fishing vessels taking
into account, in particular, the obligations of the Community
within the framework of regional
fisheries organisations and
under agreements with third countries.

Amendment 2

RECITAL 3

Such cooperation, through the operational coordination of
(3)
control and inspection activities, should contribute to the sus-
tainable exploitation of living aquatic resources as well as ensur-
ing a level playing field for the fishing industry involved in this
exploitation thus reducing the distortion in competition.

Such cooperation, through the operational coordination of
(3)
control and inspection activities, should contribute to the sus-
tainable exploitation of living aquatic resources as well as ensur-
ing a level playing field for the fishing industry involved in this
exploitation thus minimising the distortion in competition,
especially that resulting from illegal, unreported and unregu-
lated fishing activities. Such cooperation should also be aimed
at creating conditions under which Member States can fulfil
their obligations as cost-effectively as possible.

Amendment 3

RECITAL 16

(16) The Commission and the Member States should be repre-
sented within an Administrative Board that would be entrusted
with ensuring the correct and effective functioning of
the
Agency.

(16) The Commission,
the Member States and the fishing
industry should be represented within an Administrative Board
that would be entrusted with ensuring the correct and effective
functioning of the Agency.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 4
RECITAL 18

(18) Voting arrangements in the Administrative Board should
take into account the interests of the Member States and the
the Agency. It is
Commission in the effective operation of
appropriate to provide for the inclusion on the Administrative
Board of a limited number of non-voting representatives of the
fishing industry.

(18) Voting arrangements in the Administrative Board should
take into account the interests of the Member States, the Com-
mission and the fishing industry in the effective operation of
the Agency.

Amendment 5
ARTICLE 1, PARAGRAPH 1a (new)

The Agency shall provide the Member States and the Commis-
sion with the technical and scientific assistance necessary to
help them apply the rules of the Common Fisheries Policy cor-
rectly, including aspects relating to health and safety at work.

Amendment 6
ARTICLE 2, INTRODUCTION

Operational coordination by the Agency shall cover inspection
and control of fishing activities, up to the first point of sale of
fishery products, which are carried out

Operational coordination by the Agency shall cover inspection
and control of fishing activities — including the import, trans-
port and sale of fishery products, up to the first point of sale of
all such products — which are carried out

Amendment 7
ARTICLE 2, POINT (c)

(c) outside Community waters by Community fishing vessels.

(c) outside Community waters by Community fishing vessels
including the waters of third countries with which the
Community has negotiated a fisheries agreement that
includes an enforcement agreement;

Amendment 8
ARTICLE 2, POINT (ca) (new)

(ca) by vessels registered in third countries whose fishing

activities are illegal, unreported and unregulated;

Amendment 9
ARTICLE 2, POINT (cb) (new)

(cb)

on the territory of third countries when there are bilat-
eral cooperation protocols between inspection services or
within the framework of regional fisheries organisations.

Amendment 10
ARTICLE 4, POINT (ba) (new)

(ba)

to coordinate operations to combat illegal, unreported
and unregulated fishing in conformity with Community
rules;

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TEXT PROPOSED
BY THE COMMISSION

Wednesday 23 February 2005

AMENDMENTS
BY PARLIAMENT

Amendment 11
ARTICLE 4, POINT (da) (new)

(da)

to assist Member States and the Commission in har-
monising the application of the Common Fisheries Policy
throughout the European Union;

Amendment 12
ARTICLE 4, POINT (db) (new)

(db)

to coordinate the activities of national authorities with
to gathering the basic data required by the

respect
Agency;

Amendment 13
ARTICLE 4, POINT (dc) (new)

(dc)

to work together with Member States and the Commis-
sion to investigate and develop technical control and
inspection solutions;

Amendment 14
ARTICLE 4, POINT (dd) (new)

(dd)

to provide information on the applicability and cost-
effectiveness of the rules of the Common Fisheries Policy
with regard to control and inspection.

Amendment 15
ARTICLE 7

The Agency may provide contractual services to Member States,
at their request, relating to control and inspection in connection
with their obligations concerning fisheries in Community and/
or international waters, including the chartering, operating and
staffing of control and inspection platforms and the provision
of observers for joint operations by the Member States con-
cerned.

The Agency may provide contractual services to Member States
and to the Commission, at their request, relating to control and
inspection in connection with Member States' obligations con-
cerning fisheries in Community and/or international waters,
including the chartering, operating and staffing of control and
inspection platforms and the provision of observers for joint
operations by the Member States concerned.

Amendment 16
ARTICLE 8, POINT (a)

(a)

establish and develop a core curriculum for the training of
the instructors of the fisheries inspectors of the Member
States and may provide additional training courses and
seminars to those inspectors;

(a)

create a training centre and establish and develop a core
curriculum for the training of the instructors of the fis-
heries inspectors of the Member States and may provide
seminars to those inspectors;

Amendment 18
ARTICLE 14

The Agency shall undertake an annual assessment of the effec-
tiveness of each joint deployment plan, as well as an analysis,
on the basis of available evidence, of the existence of a risk that
fishing activities are not compliant with applicable conservation
and control measures. Such assessments shall be promptly com-
municated to the Commission.

The Agency shall undertake an annual assessment of the effec-
tiveness of each joint deployment plan, as well as an analysis,
on the basis of available evidence, of the existence of a risk that
fishing activities are not compliant with applicable conservation
and control measures. Such assessments shall be promptly com-
municated to the European Parliament, the Commission, the
Member States and the Advisory Committee on Fisheries and
Aquaculture (ACFA).

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 19
ARTICLE 17, PARAGRAPH 1

1.
The Commission, the Agency and the competent auth-
orities of Member States shall exchange relevant information
available to them regarding control and inspection activities
within Community and international waters.

1.
The Commission, the Agency and the competent auth-
orities of Member States and those third countries with which
the Community has negotiated a fisheries agreement that
includes an enforcement agreement shall exchange relevant
information available to them regarding control and inspection
activities within Community and international waters.

4.

The seat of the Agency shall be at […], Spain.

4.

The seat of the Agency shall be at Vigo, Spain.

Amendment 20
ARTICLE 19, PARAGRAPH 4

Amendment 21
ARTICLE 19, PARAGRAPH 4a (new)

4a.
The host Member State may provide a contribution to
the setting-up of the Agency, especially in the form of build-
ings, building sites and infrastructure.

Amendment 22
ARTICLE 24, PARAGRAPH 2, POINT (c), SUBPARAGRAPH 1

(c)

adopt by 31 October each year, and taking into account the
opinion of the Commission and the Member States, the
work programme of the Agency for the coming year and
forward it to the European Parliament, the Council, the
Commission and the Member States;

(c)

adopt by 31 October each year, and taking into account the
opinion of the Commission and the Member States, the
work programme of the Agency for the coming year and
forward it to the European Parliament, the Council, the
Commission, the Member States and the ACFA;

Amendment 23
ARTICLE 25, PARAGRAPH 1, SUBPARAGRAPH 1

1.
The Administrative Board shall be composed of one rep-
resentative from each Member State whose vessels are engaged
in fishing activities relating to marine living resources and four
representatives of the Commission as well as of four represen-
tatives of the fishing industry nominated by the Commission
without the right to vote.

1.
The Administrative Board shall be composed of one rep-
resentative from each Member State whose vessels are engaged
in fishing activities relating to marine living resources and four
representatives of the Commission as well as of four represen-
tatives of the fishing industry nominated by the ACFA.

Amendment 24
ARTICLE 25, PARAGRAPH 2

2.
Each Member State and the Commission shall appoint
their members of the Administrative Board as well as an alter-
nate who will represent the member in his/her absence.

2.
Each Member State, the Commission and the ACFA shall
appoint their members of the Administrative Board as well as
an alternate who will represent the member in his/her absence.

Amendment 25
ARTICLE 27, PARAGRAPH 3

3.
The Administrative Board shall hold an ordinary meeting
once a year. In addition it shall meet on the initiative of the
Chairperson or at the request of the Commission or of one-
third of the Member States represented on the Administrative
Board.

3.
The Administrative Board shall hold an ordinary meeting
once a year. In addition it shall meet on the initiative of the
Chairperson or at the request of the Commission, of one-third
of the Member States represented on the Administrative Board
or of a majority of those representing the industry.

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TEXT PROPOSED
BY THE COMMISSION

Wednesday 23 February 2005

AMENDMENTS
BY PARLIAMENT

Amendment 26
ARTICLE 27, PARAGRAPH 4

4. When there is a matter of confidentiality or conflict of
interest, the Administrative Board may decide to examine spe-
cific items of its agenda without the presence of the members
nominated by the Commission as representatives of the fish-
ing industry. Detailed rules for the application of this provi-
sion may be laid down in the rules of procedure.

Deleted

Amendment 27
ARTICLE 28, PARAGRAPH 2, SUBPARAGRAPH 1

Each member who is appointed by a Member State shall
2.
have one vote. The members appointed by the Commission
shall
the
jointly have ten votes. The Executive Director of
Agency shall not vote.

Each member shall have one vote, except the members
2.
representing the Commission, who shall jointly have ten votes.
The Executive Director of the Agency shall not vote.

Amendment 28
ARTICLE 29, PARAGRAPH 1

The members of the Administrative Board who are nomi-
1.
nated by the Commission as representatives of the fishing
industry shall make a declaration of commitment and a declar-
ation of interests indicating either the absence of any interests
which might be prejudicial to their independence or any direct
or indirect interests which might be considered prejudicial to
their independence. Those declarations shall be made annually
in writing.

The members of the Administrative Board shall make a
1.
declaration of commitment and a declaration of interests indi-
cating either the absence of any interests which might be
prejudicial to their independence or any direct or indirect inter-
ests which might be considered prejudicial to their indepen-
dence. Those declarations shall be made annually in writing.

Amendment 29
ARTICLE 29, PARAGRAPH 2

2.
The members of the Administrative Board who are nomi-
nated by the Commission as representatives of the fishing
industry shall declare at each meeting any interests which
might be considered prejudicial
independence in
relation to the items on the agenda.

to their

2.
The members of the Administrative Board shall declare at
each meeting any interests which might be considered prejudi-
cial to their independence in relation to the items on the agenda
and shall not be entitled to vote on any such items.

Amendment 30
ARTICLE 30, PARAGRAPH 3, POINT (ga) (new)

(ga) he/she shall report annually to the European Parliament

on the activities and functioning of the Agency.

Amendment 31
ARTICLE 31, PARAGRAPH 1

1.
The Executive Director shall be appointed by the Adminis-
trative Board, on the grounds of merit and documented relevant
experience in the field of fisheries policy, from a list of three
candidates proposed by the Commission after a selection pro-
cedure, following publication of the post in the Official Journal
of the European Union, and elsewhere, of a call for expressions
of interest.

1.
The Executive Director shall be appointed by the Adminis-
trative Board, on the grounds of merit and documented relevant
experience in the field of the Common Fisheries Policy and
fisheries control and inspection, from a list of three candidates
proposed by the Commission after a selection procedure, fol-
lowing publication of the post in the Official Journal of the
European Union, and elsewhere, of a call for expressions of
interest.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 32
ARTICLE 31, PARAGRAPH 3

Power to dismiss the Executive Director shall lie with the

3.
Administrative Board on the proposal of the Commission.

3.
Power to dismiss the Executive Director shall lie with the
Administrative Board on the proposal of one of its members.
The decision shall be taken by a two-thirds majority of
members.

Amendment 33
ARTICLE 39, PARAGRAPH 1

1. Within [five] years from the date of the Agency having
taken up its responsibilities, and every five years thereafter, the
Administrative Board shall commission an independent external
evaluation of the implementation of this Regulation. The Com-
mission shall make available to the Agency any information the
Agency considers relevant to the evaluation.

1. Within [three] years from the date of the Agency having
taken up its responsibilities, and every five years thereafter, the
Administrative Board shall commission an independent external
evaluation of the implementation of this Regulation. The Com-
mission shall make available to the Agency any information the
Agency considers relevant to the evaluation.

Amendment 34
ARTICLE 41
Article 34c, paragraph 1, subparagraph 1 (Regulation (EEC) No 2847/93)

1.
The Commission, in accordance with the procedure laid
down in Article 30(2) of Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploi-
tation of fisheries resources under the Common Fisheries Policy,
and in concert with the Member States concerned, shall deter-
mine which fisheries involving two or more Member States
shall be subject to specific control and inspection programmes
and the conditions governing such programmes.

1.
The Commission, assisted by the Committee for Fisheries
and Aquaculture set up by Article 30(1) of Council Regulation
(EC) No 2371/2002 of 20 December 2002 on the conservation
and sustainable exploitation of
fisheries resources under the
Common Fisheries Policy, and acting in accordance with the
procedure laid down in Articles 4 and 7 of Council Decision
1999/468/EC of 28 June 1999 laying down the procedures for
the exercise of implementing powers conferred on the Commis-
sion (*), and in concert with the Member States concerned, shall
determine which fisheries involving two or more Member States
shall be subject to specific control and inspection programmes
and the conditions governing such programmes. The period
laid down in Article 4(3) of Decision 1999/468/EC shall be
set at 20 working days.

(*) OJ L 184, 17.7.1999, p. 23.

P6_TA(2005)0045

Environment and Health Action Plan 2004-2010

European Parliament resolution on the European Environment and Health Action Plan 2004-2010
(2004/2132(INI))

The European Parliament,

— having regard to the communication from the Commission to the Council, the European Parliament
and the European Economic and Social Committee on the European Environment and Health Action
Plan 2004-2010 (COM(2004)0416),

— having regard to its resolution of 31 March 2004 on a European Environment and Health Strategy (1),

(1) Text adopted, P5_TA(2004)0246.