Protection of vulnerable marine ecosystems * European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (COM(2007)0605 — C6-0453/2007 — 2007/0224(CNS))
Date: 2008-06-05
Institutions: Committee on Fisheries, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: amendment, consultation procedure, deep-sea fishing, drafting of EU law, environmental protection, fishing regulations, fishing rights, marine ecosystem, resolution of parliament








CE2009285EN.01009001.xml










26.11.2009   


EN


Official Journal of the European Union


CE 285/90





Thursday 5 June 2008Protection of vulnerable marine ecosystems *
P6_TA(2008)0246
European Parliament legislative resolution of 5 June 2008 on the proposal for a Council regulation on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (COM(2007)0605 — C6-0453/2007 — 2007/0224(CNS))
2009/C 285 E/17
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2007)0605),
having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0453/2007),
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 the Environment, Public Health and Food Safety (A6-0183/2008),






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





Amendment 1






Proposal for a regulation


Recital 10











(10)


The identification of vulnerable marine ecosystems in areas not regulated by a regional fisheries management organisation is a work in progress and there is relatively limited scientific information in this respect. 
A depth limit for the deployment of bottom gears provides a precautionary protected boundary for deep water corals and sponges within the water column. A depth of 1 000 m represents a reasonable choice providing a suitable degree of protection while compatible with the continuation of bottom fisheries for demersal species generally found at shallower depths such as hake and squid. This depth restriction is also compatible with the progressive development, under this regulation, of area-based measures to fully protect sites where vulnerable ecosystems are known or likely to occur.














(10)


The identification of vulnerable marine ecosystems in areas not regulated by a regional fisheries management organisation is a work in progress and there is relatively limited scientific information in this respect.









Amendment 2






Proposal for a regulation


Recital 12a (new)





 










(12a)





This Regulation takes account of international guidelines on the management of deep-sea fisheries in the high seas adopted by the Food and Agriculture Organization of the United Nations (FAO). Should any doubt arise over the interpretation of this Regulation, it should be interpreted in the light of the FAO guidelines.










Amendment 3






Proposal for a regulation


Article 1 — paragraph 1











1.


This Regulation shall apply to Community fishing vessels carrying out fishing activities with bottom gears in the high seas.












1.


This Regulation shall apply to Community fishing vessels carrying out fishing activities with bottom gears in the high seas 
where these gears are in contact with the seabed in the normal course of fishing operations
.









Amendment 4






Proposal for a regulation


Article 1 — paragraph 2 — point a











(a)


Under the responsibility of a regional fisheries management organisation 
of arrangement
 with competence to regulate such fishing activities;












(a)


Under the responsibility of a regional fisheries management organisation with 
the legal
 competence to regulate such fishing activities;









Amendment 6






Proposal for a regulation


Article 2 — point b











(b)


‘vulnerable marine ecosystem’ means any marine ecosystem whose specific structure 
and function is, according to the best scientific information available and to the principle of precaution
, likely to be compromised by 
stress resulting from physical contact with bottom gears in the course of fishing operations, including inter alia reefs, seamounts, hydrothermal vents, cold water corals or cold water sponge beds
;












(b)


‘vulnerable marine ecosystem’ means any marine ecosystem whose specific structure 
and/or functions are
 likely to be compromised by 
the action of a specific external agent
;









Amendment 7






Proposal for a regulation


Article 2 — point c











(c)


‘bottom gears’ means bottom trawls, dredges, bottom-set gillnets, bottom-set longlines, pots and traps.












(c)


‘bottom gears’ means 
fishing equipment deployed on and in contact with the sea bed, such as
 bottom trawls, dredges, bottom-set gillnets, bottom-set longlines, pots and traps.









Amendment 8






Proposal for a regulation


Article 4 — paragraph 1 — point b











(b)


the targeted species,












(b)


the targeted species 
and species likely to be taken as by-catch
,









Amendment 9






Proposal for a regulation


Article 4 — paragraph 1 — point c











(c)




the depth at which the gears will be deployed
,












(c)




the gears used and depths at which they will be deployed
,









Amendment 10






Proposal for a regulation


Article 4 — paragraph 1 — point d











(d)


the configuration of the bathymetric profile of the seabed in the intended fishing grounds.












(d)


the configuration of the bathymetric profile of the seabed in the intended fishing grounds, 
should this information not already be available to the competent authorities of the vessel’s flag Member State
.









Amendment 11






Proposal for a regulation


Article 4 — paragraph 1 — point da (new)





 










(da)





the duration of activities.










Amendment 12






Proposal for a regulation


Article 4 — paragraph 2











2.


The competent authorities shall issue a special fishing permit after having carried out an assessment on the potential impacts of the vessel’s intended fishing activities and concluded that such activities are not likely to have significant adverse impacts on vulnerable marine ecosystems.












2.


The competent authorities shall issue a special fishing permit after having carried out an assessment on the potential impacts of the vessel’s intended fishing activities and concluded that such activities are not likely to have significant adverse impacts on vulnerable marine ecosystems. 
The duration of the special fishing permit shall not exceed that of the fishing plan.











Amendment 13






Proposal for a regulation


Article 4 — paragraph 4











4.


The competent authorities shall apply precautionary criteria in the conduct of the assessment referred to in paragraph 2. 
In case of doubt on whether the adverse impacts are significant or not, they shall consider that the likely adverse impacts resulting from the scientific advice provided are significant.














4.


The competent authorities shall apply precautionary criteria in the conduct of the assessment referred to in paragraph 2.









Amendment 14






Proposal for a regulation


Article 6






Article 6


Depth limits



The use of bottom gears at depths beyond 1 000 m of depth shall be prohibited.






deleted







Amendment 15






Proposal for a regulation


Article 7 — paragraph 1











1.


Where, in the course of fishing operations, a fishing vessel 
encounters
 a vulnerable marine ecosystem, 
it
 shall immediately cease fishing, or refrain from engaging in fishing in the site concerned. It shall resume operations only when it has reached an alternative site at a minimum distance of 5 nautical miles from the site of the encounter within the area foreseen in its fishing plan provided for in Article 4(1).












1.


Where, 
in spite of the measures taken under Article 4, a scientific observer who has embarked in accordance with Article 12 obtains sufficient evidence that
, in the course of fishing operations, a fishing vessel 
may have encountered
 a 
possible
 vulnerable marine ecosystem, 
that vessel
 shall immediately cease fishing, or refrain from engaging in fishing in the site concerned. It shall resume operations only when it has reached an alternative site at a minimum distance of 5 nautical miles from the site of the encounter within the area foreseen in its fishing plan provided for in Article 4(1).









Amendment 16






Proposal for a regulation


Article 7 — paragraph 2a (new)





 










2a.





If there is substantial uncertainty about the presence of a vulnerable marine ecosystem, the area shall be designated as a vulnerable marine ecosystem until there is sufficient evidence to the contrary.










Amendment 17






Proposal for a regulation


Article 7 — paragraph 3











3.


The fishing vessel shall report 
each
 encounter to the competent authorities without delay, providing precise information on the nature, location, time and any other relevant circumstances of the encounter.












3.


The fishing vessel shall report 
any such
 encounter without delay to the competent authorities, 
which shall, in turn, report to the Commission and the Member States as soon as possible
, providing precise information on the nature, location, time and any other relevant circumstances of the encounter.









Amendment 18






Proposal for a regulation


Article 7 — paragraph 3a (new)





 










3a.





Unforeseen encounters shall be registered on an electronic online mapping scheme in order to build up a permanent database of vulnerable marine ecosystems.










Amendment 19






Proposal for a regulation


Article 8 — paragraph 1











1.


On the basis of the best scientific information available on the occurrence or on the likelihood of occurrence of vulnerable marine ecosystems in the region where their fishing vessels operate, Member States shall identify areas that shall be closed to fishing with bottom gears. Member States shall implement these closures without delay in respect of their vessels and 
submit a report to
 the Commission 
in accordance with Article 13
.












1.


On the basis of the best scientific information available on the occurrence or on the likelihood of occurrence of vulnerable marine ecosystems in the region where their fishing vessels operate, Member States shall identify areas that shall be closed to fishing with bottom gears. Member States shall implement these closures without delay in respect of their vessels and 
notify
 the Commission 
without delay of the closure applied. The Commission shall forward this information as swiftly as possible to the other Member States
.









Amendment 21






Proposal for a regulation


Article 11





Community fishing vessels referred to in Article 1(1) and which target deep sea stocks shall also be subject to the requirements laid down in Regulation (EC) No 2347/2002 of 16 December 2002.


Community fishing vessels referred to in Article 1(1) and which target deep sea stocks shall also be subject to the requirements laid down in 
Articles 3, 5, 7 and 9 of
 Regulation (EC) No 2347/2002 of 16 December 2002.





Amendment 22






Proposal for a regulation


Article 12 — title





Observers




Scientific
 observers





Amendment 23






Proposal for a regulation


Article 12 — paragraph 1











1.




Each
 Member 
State shall assign scientific observers to the vessels to which
 a special fishing permit provided for in Article 3(1) 
is issued
. The observers shall observe the fishing activities of the vessel throughout the execution of its fishing plan provided for in Article 4(1).












1.




A representative sample of the vessels to which the
 Member 
States have issued
 a special fishing permit provided for in Article 3(1) 
shall take a scientific observer on board. The total number of scientific observers shall be set by the Commission on a proposal from the Scientific, Technical and Economic Committee for Fisheries, on the basis of the zone and type of fishery. The number of scientific observers taken on board shall be proportionate to the number of vessels from each Member State which hold a special fishing permit. The Commission shall ensure a suitable rotation of scientific observers among the various vessels after each fishing trip.
 The 
scientific
 observers shall observe the fishing activities of the vessel throughout the execution of its fishing plan provided for in Article 4(1) 
and, in particular, shall perform the tasks referred to in paragraph 2
.









Amendment 24






Proposal for a regulation


Article 12 — paragraph 3a (new)





 










3a.





The scientific observers shall be independent of the vessels or companies which they are observing. They shall have no financial or beneficial interests in those vessels or companies. They shall have no record of serious criminal offences, and shall have a sufficient level of knowledge of deep sea fishing methods and of the target species and ecosystems.










Amendment 25






Proposal for a regulation


Article 13 — paragraph 1 — point aa (new)





 










(aa)





the impact of fishing activities in accordance with Article 4(2);










Amendment 26






Proposal for a regulation


Article 13 — paragraph 2











2.


The Commission shall transmit the information contained in the report referred to in paragraph 1 to the relevant scientific bodies without delay.












2.


The Commission shall transmit the information contained in the report referred to in paragraph 1 to the relevant scientific bodies without delay, 
and to those Member States which request the information
.









Amendment 27






Proposal for a regulation


Article 14 — title







Follow-up






Review







Amendment 28






Proposal for a regulation


Article 14





The Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation before 
30 June 2010
. That report shall be accompanied where necessary by proposals for amendments to this Regulation.


The Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation before 
30 June 2009
. That report shall be accompanied where necessary by proposals for amendments to this Regulation.





Amendment 29






Proposal for a regulation


Article 15 — subparagraph 1





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


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