Fishing activities of Community and third-country fishing vessels # European Parliament legislative resolution of 10 April 2008 on the proposal for a Council regulation concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (COM(2007)0330 — C6-0236/2007 — 2007/0114(CNS))
Date: 2008-04-10
Institutions: Committee on Fisheries, European Parliament
Subjects: EU waters, common fisheries policy, fishery management, fishing area, fishing regulations, fishing rights








CE2009247EN.01008701.xml










15.10.2009   


EN


Official Journal of the European Union


CE 247/87





Thursday 10 April 2008Fishing activities of Community and third-country fishing vessels *
P6_TA(2008)0118
European Parliament legislative resolution of 10 April 2008 on the proposal for a Council regulation concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (COM(2007)0330 — C6-0236/2007 — 2007/0114(CNS))
2009/C 247 E/21
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2007)0330),
having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0236/2007),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Fisheries and the opinion of the Committee on Development (A6-0072/2008),






1.


Approves the Commission proposal as amended;










2.


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










3.


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










4.


Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;










5.


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










TEXT PROPOSED BY THE COMMISSION


AMENDMENTS BY PARLIAMENT




Amendment 1





Article 1, point (b)













(b)





the authorisation for vessels flying the flag of a Member State other than Community fishing vessels to engage in activities outside Community waters in the framework of an agreement;









deleted






Amendment 2





Article 2, point (m)











(m)


Serious infringement: a serious infringement as defined in Regulation (EC) No 1447/99 of 24 June 1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy or a serious infringement or a serious violation under the agreement concerned;












(m)


Serious infringement: a serious infringement as defined in Regulation (EC) No 1447/1999 of 24 June 1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy, or a serious infringement or a serious violation under the agreement concerned; 
an infringement shall be confirmed by a successful prosecution in accordance with the relevant national legislation;










Amendment 3





Article 2, point (n)











(n)


IUU list: list of fishing vessels identified in the framework of a RFMO as having been involved in illegal, unreported and unregulated fishing;












(n)


IUU list: list of fishing vessels identified in the framework of a RFMO 
or by the Commission under Council Regulation (EC) No … of … [establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing]

 (1) as having been involved in illegal, unreported and unregulated fishing;








Amendment 5





Article 3





Only Community fishing vessels for which a fishing authorisation has been issued in accordance with this Regulation shall be entitled to engage in fishing activities 
in the waters subject to an agreement
.


Only Community fishing vessels for which a fishing authorisation has been issued in accordance with this Regulation shall be entitled to engage in fishing activities 
outside Community waters
.




Amendment 6





Article 4, paragraph 1











1.


When an agreement has been concluded, the Commission shall inform the Member States thereof.












1.




The Commission may seek expressions of interest from the Member States before negotiations start on an agreement, subject to confirmation once negotiations are complete and allocations made.
 When an agreement has been concluded 
by the third country and approved by the Council,
 the Commission shall inform the Member States thereof.








Amendment 7





Article 7, paragraph 1, point (a)











(a)


that are not eligible for a fishing authorisation under the agreement concerned 
or are not included in the list of vessels notified in accordance with Article 4
;












(a)


that are not eligible for a fishing authorisation under the agreement concerned;








Amendment 8





Article 7, paragraph 1, point (b)











(b)


that during the previous 12 months of fishing activities under the agreement concerned or, in case of a new agreement, of fishing activities of the agreement that preceded that agreement, have committed a serious infringement, or, where appropriate, have not yet fulfilled the conditions under that agreement for that period;












(b)


that during the previous 12 months of fishing activities under the agreement concerned or, in case of a new agreement, of fishing activities of the agreement that preceded that agreement, have committed a serious infringement, or, where appropriate, have not yet fulfilled the conditions under that agreement for that period
, except where a penalty has already been imposed on the vessel concerned, where there is evidence that the infringement was not serious, and/or where the owner of the vessel has changed and the new owner provides guarantees that those conditions will be fulfilled.










Amendment 9





Article 7, paragraph 1, point (d)











(d)




for which the
 data 
contained
 in the Community fleet register and the Community fishing authorisation information system within the meaning of Article 16 is

incomplete or inaccurate
;












(d)




until such time as incomplete or inaccurate
 data 
concerning them
 in the Community fleet register and the Community fishing authorisation information system within the meaning of Article 16 
have been corrected
;








Amendment 10





Article 9, paragraph 1, introductory part











1.


The Commission shall not transmit to the authorising authority applications, with regard to which:












1.


The Commission
, having given the Member States the opportunity to submit their observations,
 shall not transmit to the authorising authority applications, with regard to which:








Amendment 11





Article 9, paragraph 1, point (a)











(a)


the data provided by the Member State is incomplete;












(a)


the data provided by the Member State is incomplete 
with respect to the requirements of the fisheries agreement in question
;








Amendment 12





Article 10





Where 
the Commission has reason to believe
 that a Member State has not complied with the obligations referred to in Annex I with regard to a specific agreement, 
it
 shall inform the Member State thereof and give that Member State the opportunity to submit its observations. 
Should the Commission determine
, in the light of any observations submitted by the Member State, 
that
 a breach of those obligations 
has
 occurred, 
then it shall
 decide, having due regard to the principles of legitimate expectation and proportionality, to exclude the vessels of that Member State from further participation under that agreement.


Where 
it comes to the Commission's knowledge, on the basis of duly substantiated facts,
 that a Member State has not complied with the obligations referred to in Annex I with regard to a specific agreement, 
the Commission
 shall inform the Member State thereof and give that Member State the opportunity to submit its observations. 
If
, in the light of any observations submitted by the Member State, a breach of those obligations 
is proven to have
 occurred, 
the Commission may
 decide, having due regard to the principles of legitimate expectation and proportionality, to exclude the vessels of that Member State from further participation under that agreement.




Amendment 13





Article 17, paragraph 1











1.


Without prejudice to the provisions laid down in Titles II and IIa of Regulation (EC) No 2847/93, Community fishing vessels for which a fishing authorisation has been issued under Section II or Section III shall transmit 
on a daily basis
 to their competent national authority the data concerning their catches and fishing effort.












1.


Without prejudice to the provisions laid down in Titles II and IIa of Regulation (EEC) No 2847/93, Community fishing vessels for which a fishing authorisation has been issued under Section II or Section III shall transmit to their competent national authority the data concerning their catches and fishing effort 
with a frequency appropriate to each agreement and fishery concerned. The transmission requirements shall be compatible with those contained in Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensing

 (2).








Amendment 14





Article 19, paragraph 1











1.


Without prejudice to Article 26(4) of Regulation (EC) No 2371/2002 and Article 21(3) of Regulation (EC) No 2847/93, when a Member State considers that the fishing opportunities which have been allocated to it have been exhausted, it shall immediately prohibit fishing activities for the respective area, stock or group of stocks.












1.


Without prejudice to Article 26(4) of Regulation (EC) No 2371/2002 and Article 21(3) of Regulation (EEC) No 2847/93, when a Member State considers that the fishing opportunities which have been allocated to it have been exhausted, it shall immediately prohibit fishing activities for the respective area, stock or group of stocks
, and suspend those authorisations which have already been granted
.








Amendment 15





Article 19, paragraph 3











3.


Where fishing authorisations have been issued for mixed fisheries and one of the stocks or group of stocks concerned is deemed to be exhausted, the Member State shall prohibit 
all fishing activities that are part of the mixed fisheries
.












3.


Where fishing authorisations have been issued for mixed fisheries and one of the stocks or group of stocks concerned is deemed to be exhausted, the Member State shall prohibit 
the specific activities which threaten endangered stocks
.








Amendment 16





Article 20, paragraph 1











1.


If a Community fishing vessel has committed a serious infringement, the Member State shall ensure that the vessels will no longer be allowed to make use of the fishing authorisation issued under the agreement concerned for the remaining duration of that authorisation and shall inform the Commission thereof without delay by electronic transmission.












1.


If a Community fishing vessel has committed a serious infringement 
when fishing under an agreement
, the Member State shall ensure that the vessels will no longer be allowed to make use of the fishing authorisation issued under the agreement concerned for the remaining duration of that authorisation and shall inform the Commission thereof without delay by electronic transmission.








Amendment 17





Article 20, paragraph 3











3.


Inspection and surveillance reports drawn up by Commission inspectors, Community inspectors, inspectors of the Member States or inspectors of a third country, which is party to the agreement concerned, shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated equally to inspection and surveillance reports of the Member State.












3.


Inspection and surveillance reports drawn up by Commission inspectors, Community inspectors, inspectors of the Member States or inspectors of a third country, which is party to the agreement concerned, shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated equally to inspection and surveillance reports of the Member State 
in accordance with the relevant national legislation
.








Amendment 18





Article 21, paragraph 1, point (a)











(a)


For 
all concerned users of the Member States and
concerned
 authorising authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to 
that
 data they need in the framework of the fishing authorisation process.












(a)


For authorising authorities concerned on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to those data they need in the framework of the fishing authorisation process.








Amendment 19





Article 21, paragraph 1, point (b)











(b)


For 
all concerned users of
 the competent inspection authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to 
that
 data they need in the framework of their inspection activities.












(b)


For the competent inspection authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to those data they need in the framework of their inspection activities.










(1)  
COM(2007)0602.



(2)  

OJ L 409, 30.12.2006, p. 1

.