Conservation of fisheries resources through technical measures * European Parliament legislative resolution of 22 April 2009 on the proposal for a Council regulation concerning the conservation of fisheries resources through technical measures (COM(2008)0324 – C6-0282/2008 – 2008/0112(CNS))
Date: 2009-04-22
Institutions: Committee on Fisheries, European Parliament
Subjects: common fisheries policy, conservation of fish stocks, fishery resources, fishing area, fishing net, fishing regulations, protection of animal life








CE2010184EN.01025301.xml










8.7.2010   


EN


Official Journal of the European Union


CE 184/253





Wednesday 22 April 2009Conservation of fisheries resources through technical measures *
P6_TA(2009)0256
European Parliament legislative resolution of 22 April 2009 on the proposal for a Council regulation concerning the conservation of fisheries resources through technical measures (COM(2008)0324 – C6-0282/2008 – 2008/0112(CNS))
2010/C 184 E/61
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2008)0324),
having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0282/2008),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Fisheries (A6-0206/2009),






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


AMENDMENT





Amendment 1






Proposal for a regulation


Recital 7 a (new)





 










(7a)






Given that both the homogeneous rules which are generally applicable in all areas and those applicable specifically on a regional basis are of similar importance for fisheries management, they should be adopted by the Council.











Amendment 2






Proposal for a regulation


Recital 12 a (new)





 










(12a)






As an additional clarification, in order to prevent future disputes due to the misinterpretation of rules, and in line with the approach recently introduced, the Commission should supplement the provisions of this Regulation by publishing an annex containing illustrations to explain the characteristics of fishing gear.











Amendment 3






Proposal for a regulation


Recital 13 a (new)





 










(13a)






It is necessary to prevent situations that cause distortions of competition or confusion among operators and consumers and that could lead to failure to comply with minimum sizes, and therefore the rules should also apply to products derived from imports. To this end, the Commission should submit, as soon as possible, a proposal to amend Council Regulation (EC) No 104/2000 (1), in order to harmonise biological sizes with marketing sizes.











Amendment 4






Proposal for a regulation


Recital 15











(15)




A vessel must immediately move to another area when maximum by-catches are exceeded
.












(15)




In order to ensure adequate protection for marine resources, protect breeding areas or sensitive areas and reduce discards, restrictions should be placed on fishing activity in certain areas and periods and with certain gear and attachments
.









Amendment 5






Proposal for a regulation


Recital 17











(17)


Where conservation is seriously threatened, the Commission 
and
 Member States should be authorised to take appropriate provisional measures to be implemented in real time.












(17)


Where conservation is seriously threatened, the Commission
, at its own initiative or at the substantiated request of the
 Member States, should be authorised to take appropriate provisional measures to be implemented in real time.









Amendment 6






Proposal for a regulation


Recital 19











(19)


The measures necessary for the implementation of this Regulation
, including specific provisions for each area covered by a Regional Advisory Council,
 should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of the implementing powers conferred on the Commission.












(19)


The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of the implementing powers conferred on the Commission.









Amendment 7






Proposal for a regulation


Article 2 a (new)





 



Article 2a


Regional regulations



The Council, on a proposal from the Commission, shall, in accordance with the procedure laid down in Article 37 of the Treaty, adopt the measures applicable specifically in the various regions corresponding to the various Regional Advisory Councils (RACs).







Amendment 8






Proposal for a regulation


Article 3 - point b











(b)


‘beam trawl’ means a bottom trawl in which the horizontal opening of the net is provided by a beam;












(b)


‘beam trawl’ means a bottom trawl in which the horizontal opening of the net is provided by a beam
, where a beam is a round pipe made out of steel supported by two slides; the construction is towed over the seabed;











Amendment 9






Proposal for a regulation


Article 3 - point e











(e)


‘codend’ means the last 
8 m
 of the towed gear measured from the codline when the mesh size is equal or more than 80 mm and means the last 20 m of the towed gear measured from the codline when mesh size is less than 80 mm;












(e)


‘codend’ means the last 
6 m
 of the towed gear measured from the codline when the mesh size is equal or more than 80 mm and means the last 20 m of the towed gear measured from the codline when mesh size is less than 80 mm;









Amendment 10






Proposal for a regulation


Article 4 - paragraph 3 a (new)





 




3a.
   
In the case of small pelagics (sardine, anchovy, horse mackerel and mackerel) the possibility for 10 % of catches to be made up of undersized fish shall be maintained.







Amendment 11






Proposal for a regulation


Article 5






One net rule




Combinations of nets







It shall be prohibited to carry on board, during any fishing voyage, any
 combination of nets of more than one range of mesh size.




1.
   
The Council, on a proposal from the Commission, shall regulate cases where vessels may carry on board one or more than one
 combination of nets of more than one range of mesh size 
during the same fishing voyage
.




 




2.
   
These criteria shall take account of:










(a)






the distance between the home port of the vessel concerned and the fishing area;














(b)






the degree to which the fishery being practised is a multi-species fishery and the economic importance of secondary species by comparison with the target species;














(c)






whether any of the fishing operations during a particular voyage are carried out using a net with a mesh size larger than those provided for in this Regulation.










 




3.
   
The content of this Article shall be regulated within the framework laid down in Article 2a of this Regulation.







Amendment 12






Proposal for a regulation


Article 6 - paragraph 2 - point a











(a)


attach, 
when fishing with towed gear with a mesh size less than 80 mm,
 to the outside of the codend a strengthening bag. The mesh size of the strengthening bag shall be at least twice as large as that of the codend;












(a)


attach, to the outside of the cod end a strengthening bag. The mesh size of the strengthening bag shall be at least twice as large as that of the cod end;









Amendment 13






Proposal for a regulation


Article 6 - paragraph 2 - point b a (new)





 










(ba)






use strengthening bags on the outside of the codend on vessels licensed for trawl nets with a mesh size equal to or larger than 60 mm in ICES zones VIII, IX and X;











Amendment 14






Proposal for a regulation


Article 6 - paragraph 3 - point d













(d)






any towed gear with a mesh size equal to or larger than 80 mm having more than 100 open meshes and less than 40 open meshes in any circumference of the codend, excluding the joining or the selvedges;










deleted







Amendment 15






Proposal for a regulation


Article 6 - paragraph 4







4.
   
By way of derogation from paragraphs (2)(a), (3)(b), (3)(d) and (3)(e), the mesh size of 80 mm shall be replaced by 60 mm when fishing in ICES zones VIII, IX and X.






deleted







Amendment 16






Proposal for a regulation


Article 8 - paragraph 2





2.   The immersion time of gillnets and trammel nets shall not exceed 
48
 hours.


2.   The immersion time of gillnets and trammel nets shall not exceed 
24
 hours.





Amendment 17






Proposal for a regulation


Article 8 - paragraph 3





3.   Where fishing is conducted using gillnets and trammel nets, the use of more than 
50
 km of nets shall be prohibited.


3.   Where fishing is conducted using gillnets and trammel nets, the use of more than 
40
 km of nets shall be prohibited.





Amendment 18






Proposal for a regulation


Article 9 - paragraph 1





1.   By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 120 mm and less than 150 mm north of 48°N or with a mesh size equal to or greater than 100 mm and less than 130 mm south of 48°N, in waters of less than 
600 metres
 charted depth, provided that they are no more than 100 meshes deep, have a hanging ratio of not less than 0.5, and are rigged with floats or equivalent floatation. The nets shall each be of a maximum of 5 nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25km per vessel. The maximum immersion time shall be 24 hours.


1.   By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 120 mm and less than 150 mm north of 48°N or with a mesh size equal to or greater than 100 mm and less than 130 mm south of 48°N, in waters of less than 
400 metres
 charted depth, provided that they are no more than 100 meshes deep, have a hanging ratio of not less than 0.5, and are rigged with floats or equivalent floatation. The nets shall each be of a maximum of 5 nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25km per vessel. The maximum immersion time shall be 24 hours 
unless weather conditions make hauling of the nets impossible.







Amendment 19






Proposal for a regulation


Article 9 - paragraph 2





2.   By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 250 mm, in waters of less than 600 metres charted depth, provided that they are no more than 15 meshes deep, have a hanging ratio of not less than 0.33, and are not rigged with floats or other means of floatation. The nets shall each be of a maximum of 10km in length. The total length of all nets deployed at any one time shall not exceed 
100
 km per vessel. The maximum immersion time shall be 72 hours.


2.   By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 250 mm, in waters of less than 600 metres charted depth, provided that they are no more than 15 meshes deep, have a hanging ratio of not less than 0.33, and are not rigged with floats or other means of floatation. The nets shall each be of a maximum of 10km in length. The total length of all nets deployed at any one time shall not exceed 
60
 km per vessel. The maximum immersion time shall be 72 hours.





Amendment 20






Proposal for a regulation


Article 10 - paragraph 1





1.   Where the 
quantity
 of undersized fish caught exceeds 10 % of the total 
quantity
 of the catches in any one haul, the vessel shall move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing.


1.   Where the 
weight
 of undersized fish caught
, in accordance with Annex I,
 exceeds 10 % of the total 
weight
 of the catches in any one haul, 
and this situation recurs in a series of three consecutive hauls,
 the vessel shall move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing.




 




By way of derogation from the previous subparagraph, for local and inshore fisheries with particular characteristics owing to both the depth and composition of the seabed and distance from the coast, and subject to a scientific report substantiating those characteristics, the obligation to move away may be less than five nautical miles provided that it is guaranteed that fishing activity is not carried out on a concentration of juveniles.







Amendment 21






Proposal for a regulation


Article 10 - paragraph 2





2.   
If the minimum and/or maximum percentages of target species, excluding undersized fish of the target species, allowed to be caught with the mesh size range admissible for that species and retained on board, in any one haul have not been in agreement with the percentages laid down in detailed rules adopted in accordance with Article 22, the vessel must immediately move a minimum of 10 nautical miles from any position of the previous haul and throughout the next haul keep a minimum distance of 10 nautical miles from any position of the previous haul
.


2.   
The Council, on a proposal from the Commission, shall determine the corresponding closed areas and periods within the framework of Article 2a of this Regulation
.





Amendment 22






Proposal for a regulation


Article 12





The catching, retention on board, the transhipment, storage, landing, sale, display or offer for sale of marine organisms caught using methods incorporating the use of explosives, poisonous or stupefying substances, electric current or any kind of projectile shall be prohibited.


The catching, retention on board, the transhipment, storage, landing, sale, display or offer for sale of marine organisms caught using methods incorporating the use of explosives, poisonous or stupefying substances, electric current or any kind of projectile shall be prohibited
, except pulse trawl fishing
.





Amendment 23






Proposal for a regulation


Article 16 - paragraph 1





1.   Where the conservation of certain species or fishing grounds is seriously threatened, including where a high congestion of juvenile fish is detected, and where any delay would result in damage which would be difficult to repair, a Member State may take appropriate conservation measures in respect of the waters under its sovereignty or jurisdiction. The Member State concerned shall ensure that such measures do not discriminate against fishing vessels from other Member States.


1.   Where the conservation of certain species or fishing grounds is seriously threatened, including where a high congestion of juvenile fish is detected, and where any delay would result in damage which would be difficult to repair, a Member State may take appropriate conservation measures in respect of the waters under its sovereignty or jurisdiction. The Member State concerned shall ensure that such measures do not discriminate against fishing vessels from other Member States. 
Before such measures are implemented, the appropriate Regional Advisory Councils and the Commission shall be consulted.







Amendment 24






Proposal for a regulation


Article 18 - paragraph 2





2.   Where any delay in reducing or eliminating discards would result in damage which would be difficult to repair, a Member State may take appropriate non-discriminatory conservation measures in respect of the waters under 
its
 sovereignty or jurisdiction 
in accordance with Article 16
.


2.   Where any delay in reducing or eliminating discards would result in damage which would be difficult to repair, 
the Commission, at its own initiative or at the substantiated request of
 a Member State, may take appropriate non-discriminatory conservation measures in respect of the waters under 
the
 sovereignty or jurisdiction 
of the Member State concerned
. 
Before such measures are taken, the Commission and the relevant Regional Advisory Council shall be consulted.







Amendment 25






Proposal for a regulation


Article 21 a (new)





 



Article 21a


Future regulation



Rules governing the regulation of the following elements of the technical measures shall be adopted by a Council regulation:










(a)






the minimum and maximum percentages of the target species among the living aquatic resources retained on board;














(b)






the mesh size ranges admissible for each target species;














(c)






provisions for the reduction or elimination of discards and the improvement of the selectivity of fishing gear;














(d)






measures concerning the restriction of fishing activities in specific periods and/or specific areas referred to in Article 2 on the basis of the best scientific information available in order to protect marine habitats in those areas.











Amendment 26






Proposal for a regulation


Article 22







Detailed rules for the implementation of this Regulation shall be adopted in accordance
 with the procedure referred to in Article 30(2) of Regulation No 2371/2002. 
These rules shall lie down in particular:






Other technical measures to implement this Regulation to protect marine habitats or fisheries resources shall be adopted in accordance
 with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.












(a)






the minimum and maximum percentages of the target species among the living aquatic resources retained on board;














(b)






the mesh size ranges admissible for each target species;














(c)






provisions for the reduction or elimination of discards and the improvement of the selectivity of fishing gear;














(d)






measures concerning the restriction of fishing activities in specific periods and/or specific areas referred to in Article 2 on the basis of the best scientific information available in order to protect marine habitats in those areas;














(e)






other technical measures to protect marine habitats or fishery resources.








 





Amendment 27






Proposal for a regulation


Article 24 - paragraph 2 a (new)





 




2a.
   
The entry into force of this Regulation shall provide for a period for the adjustment of fleets and the adoption of supplementary rules.








(1)  
Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (OJ L 17 21.1.2000, p. 22).