Community control system for ensuring compliance with the rules of the Common Fisheries Policy * European Parliament legislative resolution of 22 April 2009 on the proposal for a Council regulation establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (COM(2008)0721 – C6-0510/2008 – 2008/0216(CNS))
Date: 2009-04-22
Institutions: Committee on Fisheries, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU waters, common fisheries policy, fishery management, fishing controls, information network, maritime surveillance








CE2010184EN.01023201.xml










8.7.2010   


EN


Official Journal of the European Union


CE 184/232





Wednesday 22 April 2009Community control system for ensuring compliance with the rules of the Common Fisheries Policy *
P6_TA(2009)0255
European Parliament legislative resolution of 22 April 2009 on the proposal for a Council regulation establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (COM(2008)0721 – C6-0510/2008 – 2008/0216(CNS))
2010/C 184 E/60
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2008)0721),
having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0510/2008),
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 (A6-0253/2009),






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 4











(4)


Currently control provisions are spread in a wide number of overlapping and complex legal texts. Some parts of the control system are poorly implemented by Member States 
which results in
 insufficient and divergent measures in response to infringements of the rules of the Common Fisheries Policy thereby undermining the creation of a level playing field for fishermen across the Community. Accordingly the existing regime and all the obligations therein should be consolidated, rationalised and simplified, in particular through reduction of double regulation and administrative burdens.












(4)


Currently control provisions are spread in a wide number of overlapping and complex legal texts. Some parts of the control system are poorly implemented by Member States
, and the Commission has not proposed all of the necessary implementing regulations needed for Regulation (EEC) No 2847/93. The result is
 insufficient and divergent measures in response to infringements of the rules of the Common Fisheries Policy thereby undermining the creation of a level playing field for fishermen across the Community. Accordingly the existing regime and all the obligations therein should be consolidated, rationalised and simplified, in particular through reduction of double regulation and administrative burdens.









Amendment 2






Proposal for a regulation


Recital 14 a (new)





 










(14a)






The Common Fisheries Policy covers the conservation, management and exploitation of living aquatic resources, so that all types of activities that exploit such resources are treated on an equal basis, whether they be commercial or non-commercial. It would be discriminatory to subject commercial fisheries to strict controls and limits while largely exempting non-commercial fisheries.











Amendment 3






Proposal for a regulation


Recital 19











(19)


Control activities and methods should be based on risk management using cross-checking procedures in a systematic and comprehensive way.












(19)


Control activities and methods should be based on risk management using cross-checking procedures in a systematic and comprehensive way 
by Member States. It is also necessary for Member States to exchange relevant information.











Amendment 4






Proposal for a regulation


Recital 24











(24)


An integrated maritime surveillance network should be established between surveillance, monitoring, identification and tracking systems operated for the purposes of maritime security and safety, protection of the marine environment, fisheries control, border control, general law enforcement, and trade facilitation. The network shall have the ability to continuously make available information on activities in the maritime domain in order to support a timely decision process. In turn this would allow, the public authorities engaged in surveillance activities to provide a more effective and cost efficient service. To this end Automatic Identification Systems, Vessel Monitoring Systems as referred to in Commission Regulation (EC) No 2244/2003 of 18 December 2003, laying down detailed provisions regarding satellite-based vessel monitoring systems and Vessel Detection Systems data collected in the framework of this Regulation should be transmitted and used by other public authorities engaged in the surveillance activities above mentioned.












(24)


An integrated maritime surveillance network should be established between surveillance, monitoring, identification and tracking systems operated for the purposes of maritime security and safety, protection of the marine environment, fisheries control, border control, general law enforcement, and trade facilitation
, geared to the different situations in the Member States
. The network shall have the ability to continuously make available information on activities in the maritime domain in order to support a timely decision process. In turn this would allow, the public authorities engaged in surveillance activities to provide a more effective and cost efficient service. To this end Automatic Identification Systems, Vessel Monitoring Systems as referred to in Commission Regulation (EC) No 2244/2003 of 18 December 2003, laying down detailed provisions regarding satellite-based vessel monitoring systems and Vessel Detection Systems data collected in the framework of this Regulation should be transmitted and used by other public authorities engaged in the surveillance activities above mentioned.









Amendment 5






Proposal for a regulation


Recital 29











(29)


Powers should be conferred to the Commission to close a fishery when the quota of a Member State or a TAC itself is exhausted. 
The Commission should also be empowered to deduct quotas and refuse quota transfers or quota exchanges to ensure the achievement of the objectives of the Common Fisheries Policy by the Member States.














(29)


Powers should be conferred to the Commission to close a fishery when the quota of a Member State or a TAC itself is exhausted.









Amendment 6






Proposal for a regulation


Recital 34











(34)


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 implementing powers conferred on the Commission. All measures adopted by the Commission to implement this Regulation will comply with the proportionality principle.












(34)


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 implementing powers conferred on the Commission
, as amended by Council Decision 2006/512/EC of 17 July 2006
. All measures adopted by the Commission to implement this Regulation will comply with the proportionality principle.









Amendment 7






Proposal for a regulation


Recital 39











(39)


In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of ensuring the effective implementation of the Common Fisheries Policy to establish a comprehensive and uniform system of controls. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty.












(39)


In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of ensuring the effective implementation of the Common Fisheries Policy to establish a comprehensive and uniform system of controls, 
taking account of the fact that small-scale and artisanal fisheries clearly differ from industrial, subsistence and recreational fisheries and that a system of control regulations should reflect these differences in an appropriate manner.
 This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty.









Amendment 8






Proposal for a regulation


Article 1





This Regulation establishes a Community system for control, 
monitoring, surveillance, inspection, and enforcement (hereinafter to be referred to as ‘Community control system’) of
 the rules of the Common Fisheries Policy.


This Regulation establishes a Community system for control, 
with the aim of ensuring compliance with
 the rules of the Common Fisheries Policy.





Amendment 9






Proposal for a regulation


Article 4 – point 1











(1)


‘Fishing activity’ means searching for fish, shooting, setting, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring 
and
 caging of fish and fishery products;












(1)


‘Fishing activity’ means searching for fish, shooting, setting, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, 
landing,
 processing on board, transferring, caging 
and fattening
 of fish and fishery products;









Amendment 10






Proposal for a regulation


Article 4 – point 6 a (new)





 










(6a)






‘Serious infringement’ means those activities listed in Article 42(1) of Council Regulation (EC) No 1005/2008;











Amendment 11






Proposal for a regulation


Article 4 – point 7 a (new)





 










(7a)






‘Recreational Fisheries’ means non-commercial fishing activities exploiting living aquatic resources for recreation or sport and including, inter alia, recreational angling, sports fishing, sports tournaments and other forms of recreational fishing;











Amendment 12






Proposal for a regulation


Article 4 – point 8











(8)


‘Fishing authorisation’ means a fishing authorisation issued in respect of a Community fishing vessel in addition to its fishing licence, entitling it to carry out fishing activities 
in Community waters in general
 and/or specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;












(8)


‘Fishing authorisation’ means a fishing authorisation issued in respect of a Community fishing vessel in addition to its fishing licence, entitling it to carry out fishing activities and/or specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;









Amendment 13






Proposal for a regulation


Article 4 – point 17











(17)


‘Processing’ means the process by which the presentation was prepared. It includes 
cleaning,
 filleting, 
icing,
 packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;












(17)


‘Processing’ means the process by which the presentation was prepared. It includes filleting, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;









Amendment 14






Proposal for a regulation


Article 5 – paragraph 1





1.   Member States shall control the activities carried out by any natural or legal person within the scope of the Common Fisheries Policy on their territory and within waters subject to their sovereignty or jurisdiction, in particular fishing, transhipments, transfer of fish to cages or aquaculture installations including fattening installations, landing, import, transport, marketing and storage of fishery products.


1.   Member States shall control the activities carried out by any natural or legal person within the scope of the Common Fisheries Policy on their territory and within waters subject to their sovereignty or jurisdiction, in particular fishing, 
aquaculture activities,
 transhipments, transfer of fish to cages or aquaculture installations including fattening installations, landing, import, transport, marketing and storage of fishery products.





Amendment 15






Proposal for a regulation


Article 5 – paragraph 4





4.   Each Member State shall ensure that control, inspection, monitoring, surveillance and enforcement is carried out on a non-discriminatory basis as regards 
the
 sectors, vessels or persons 
chosen for inspection
, and on the basis of risk management.


4.   Each Member State shall ensure that control, inspection, monitoring, surveillance and enforcement is carried out on a non-discriminatory basis as regards sectors, vessels or persons, and on the basis of risk management.





Amendment 16






Proposal for a regulation


Article 6 – paragraph 3





3.   The flag Member State shall suspend temporarily the fishing licence of a vessel which is subject to temporary immobilisation decided by that Member State and which has had its fishing authorisation suspended in accordance with Article 
45 paragraph 1 d)
 of Regulation (EC) No 1005/2008.


3.   The flag Member State shall suspend temporarily the fishing licence of a vessel which is subject to temporary immobilisation decided by that Member State and which has had its fishing authorisation suspended in accordance with Article 
45(4)
 of Regulation (EC) No 1005/2008.





Amendment 17






Proposal for a regulation


Article 6 – paragraph 4





4.   The flag Member State shall withdraw permanently the fishing licence-of a vessel which is the subject of a capacity adjustment measure referred to in Article 11(3) of Regulation (EC) No 2371/2002 or which has had its fishing authorisation withdrawn in accordance with 
article 45 (1) (d)
 of Regulation (EC) No 1005/2008.


4.   The flag Member State shall withdraw permanently the fishing licence-of a vessel which is the subject of a capacity adjustment measure referred to in Article 11(3) of Regulation (EC) No 2371/2002 or which has had its fishing authorisation withdrawn in accordance with 
Article 45 (4)
 of Regulation (EC) No 1005/2008.





Amendment 18






Proposal for a regulation


Article 7 – paragraph 1 – point f











f)


fishing activities with bottom gears in 
areas
 not under the responsibility of a Regional Fisheries Management Organisation;












f)


fishing activities with bottom gears in 
international waters
 not under the responsibility of a Regional Fisheries Management Organisation; 
a list shall be drawn up of the gears referred to in this provision;











Amendment 19






Proposal for a regulation


Article 9 – paragraph 2





2.   A fishing vessel exceeding 10 meters length overall shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified through the Vessel Monitoring System by transmitting position data at regular intervals. It shall also allow the Fisheries Monitoring Centre of the flag Member State to poll the fishing vessel. For vessels exceeding 10 meters length and up to 15 meters length overall this paragraph shall apply as from 
1 January 2012.




2.   A fishing vessel exceeding 10 meters length overall shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified through the Vessel Monitoring System by transmitting position data at regular intervals. It shall also allow the Fisheries Monitoring Centre of the flag Member State to poll the fishing vessel. For vessels exceeding 10 meters length and up to 15 meters length overall this paragraph shall apply as from 
1 July 2013
.





Amendment 20






Proposal for a regulation


Article 9 – paragraph 2 a (new)





 




2a.
   
Financial assistance for the installation of Vessel Monitoring System devices shall be eligible for funding under Article 8(a) of Regulation (EC) No 861/2006. Co-financing from the Community budget shall be at the rate of 80 %.







Amendment 21






Proposal for a regulation


Article 9 – paragraph 6 – point a











a)


operate exclusively within the territorial seas of the flag Member State 
or














a)


operate exclusively within the territorial seas of the flag Member State 
and











Amendment 22






Proposal for a regulation


Article 11 – paragraph 2





2.   The Commission may require a Member State to use a Vessel Detection System for a given fishery and at a given time.


2.   The Commission
, after providing documentary justification by submitting evidence of failure to comply with control measures or scientific reports,
 may require a Member State to use a Vessel Detection System for a given fishery and at a given time.





Amendment 23






Proposal for a regulation


Article 14 – paragraph 3





3.   The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be 
5
 %.


3.   The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be 
10
 %.





Amendment 24






Proposal for a regulation


Article 15 – paragraph 1 a (new)





 




1a.
   
Financial assistance for the installation of electronic logbooks shall be eligible for funding under Article 8(a) of Regulation (EC) No 861/2006. Co-financing from the Community budget shall be at the rate of 80 %.







Amendment 25






Proposal for a regulation


Article 15 – paragraph 2





2.   Paragraph 1 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 
1 January 2012
. Community vessels up to 15 meters length overall may be exempted from paragraph 1 if they:


2.   Paragraph 1 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 
1 July 2013
. Community vessels up to 15 meters length overall may be exempted from paragraph 1 if they:










a)


operate exclusively within the territorial seas of the flag Member State, 
or














a)


operate exclusively within the territorial seas of the flag Member State, 
and
















b)


never spend more than 24 hours at sea taken from the time of departure to the return to port.












b)


never spend more than 24 hours at sea taken from the time of departure to the return to port.









Amendment 26






Proposal for a regulation


Article 17 – paragraph 1 – introductory part





1.   Without prejudice to specific provisions contained in multiannual plans, masters of Community fishing vessels or their representatives shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 4 hours before the estimated time of arrival at the port, unless the competent authorities have given permission for an earlier entry, of the following information:


1.   Without prejudice to specific provisions contained in multiannual plans, masters of Community fishing vessels or their representatives 
having species on board which are subject to catch or effort limits
 shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 4 hours before the estimated time of arrival at the port, unless the competent authorities have given permission for an earlier entry, of the following information:





Amendment 27






Proposal for a regulation


Article 17 – paragraph 1 – point d











d)


dates of the fishing trip and the areas in which the catches were taken;












d)


dates of the fishing trip and the areas in which the catches were taken; 
the area shall be to the same level of detail as under Article 14(1);











Amendment 28






Proposal for a regulation


Article 17 – paragraph 1 – point f











f)


the quantities of each species retained on board
, including zero catches returns
;












f)


the quantities of each species retained on board;









Amendment 29






Proposal for a regulation


Article 17 – paragraph 4





4.   The Commission, 
in accordance with the procedure referred to in Article 111,
 may 
exempt
 certain categories of fishing vessels 
from the obligation set out in paragraph 1 for a limited period, which may be renewed, or make provision for
 another notification period taking into account, inter alia, the type of fishery products, the distance between the fishing grounds, landing places and ports where the vessels in question are registered.


4.   The 
Council, on a proposal from the
 Commission
,
 may 
set, for
 certain categories of fishing vessels, another notification period 
for the obligation laid down in paragraph 1
 taking into account, inter alia, the type of fishery products, the distance between the fishing grounds, landing places and ports where the vessels in question are registered.





Amendment 30






Proposal for a regulation


Article 17 – paragraph 4 a (new)





 




4a.
   
The competent authorities of the Member State whose port or landing facilities the master of a fishing vessel wishes to use, having made a request to do so at least four hours prior to the estimated time of arrival at the port shall, within two hours of receiving the request, give permission accordingly.







Amendment 31






Proposal for a regulation


Article 19 – paragraph 3





3.   The transhipment declaration shall indicate the quantity of fishery products by species that has been transhipped, the date and place of each catch, the names of the vessels involved and the ports of transhipment and destination. Masters of both the vessels involved shall be held responsible for the accuracy of such declarations.


3.   The transhipment declaration shall indicate the quantity of fishery products by species that has been transhipped, the date and place of each catch, the names of the vessels involved and the ports of transhipment and destination. Masters of both the vessels involved shall be held responsible for the accuracy of such declarations. 
The area shall be to the same level of detail as under Article 14(1).







Amendment 32






Proposal for a regulation


Article 19 – paragraph 4







4.
   
The Commission, in accordance with the procedure referred to in Article 111, may exempt certain categories of fishing vessels from the obligation laid down in paragraph 1 for a limited and renewable period, or make provision for another notification period taking into account, inter alia, the type of fishery products and the distance between the fishing grounds, landing places and ports where the vessels in question are registered.






deleted







Amendment 33






Proposal for a regulation


Article 20 – paragraph 4







4.
   
When giving the authorisation to land, the competent authorities shall assign a unique landing number (ULN) to the landing and inform the master of the vessel thereof. If the landing is interrupted, permission shall be required before the landing recommences.






deleted







Amendment 34






Proposal for a regulation


Article 21 – paragraph 2





2.   Without prejudice to specific provisions contained in multiannual plans, the master or his representative of a Community fishing vessel exceeding 10 meters length overall shall transmit landing declaration data by electronic means to the competent authorities of the flag Member State within 
2 hours
 after completion of the landing.


2.   Without prejudice to specific provisions contained in multiannual plans, the master or his representative of a Community fishing vessel exceeding 10 meters length overall shall transmit landing declaration data by electronic means to the competent authorities of the flag Member State within 
6 hours
 after completion of the landing.





Amendment 35






Proposal for a regulation


Article 21 – paragraph 4





4.   Paragraph 2 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 
1 January 2012
. Community vessels up to 15 meters length overall may be exempted from the application of paragraph 2 if they:


4.   Paragraph 2 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 
1 July 2013
. Community vessels up to 15 meters length overall may be exempted from the application of paragraph 2 if they:










a)


operate exclusively within the territorial seas of the flag Member State, 
or














a)


operate exclusively within the territorial seas of the flag Member State, 
and
















b)


never spend more than 24 hours at sea taken from the time of departure to the return to port.












b)


never spend more than 24 hours at sea taken from the time of departure to the return to port.









Amendment 36






Proposal for a regulation


Article 21 – paragraph 5





5.   For vessels exempted from the requirement set out in paragraph 2, the master, or his representative, shall record upon landing and submit as soon as possible and not later than 24 hours after landing, a landing declaration to the competent authorities of the Member State where the landing has taken place.


5.   For vessels exempted from the requirement set out in paragraph 2, the master, or his representative, shall record upon landing and submit as soon as possible and not later than 24 hours after landing, a landing declaration to the competent authorities of the Member State where the landing has taken place
, which shall forward it without delay to the flag Member State
.





Amendment 37






Proposal for a regulation


Article 23 – paragraph 1





1.   Each Member State shall record all relevant data on fishing opportunities as referred to in this Chapter, expressed both in terms of catches and fishing effort, and shall keep the originals of that data for a period of three years or longer in accordance with national rules.


1.   Each Member State shall record all relevant data on fishing opportunities as referred to in this Chapter, expressed both in terms of catches
, discards
 and fishing effort, and shall keep the originals of that data for a period of three years or longer in accordance with national rules. 
The data in electronic format shall be kept for a minimum of ten years.







Amendment 38






Proposal for a regulation


Article 23 – paragraph 3





3.   All catches of a stock or a group of stocks subject to quota made by Community fishing vessels shall be charged against the quota applicable to the flag Member State for the stock or group of stocks in question, irrespective of the place of landing.


3.   All catches 
and discards
 of a stock or a group of stocks subject to quota made by Community fishing vessels shall be charged against the quota applicable to the flag Member State for the stock or group of stocks in question, irrespective of the place of landing.





Amendment 39






Proposal for a regulation


Article 26 – paragraph 3





3.   The decision referred to in paragraph 2 shall be made public by the Member State concerned and immediately communicated to the Commission 
and
 other Member States. It shall be published in the Official Journal of the European Union (C series). As from the date that the decision has been made public by the Member State concerned, Member States 
shall ensure
 that no retention on board, landings, cagings or transhipments of the relevant fish by vessels flying the flag of the Member State concerned take place in their waters and on their territory.


3.   The decision referred to in paragraph 2 shall be made public by the Member State concerned and immediately communicated to the Commission
, which shall inform the
 other Member States. It shall be published in the Official Journal of the European Union (C series). As from the date that the decision has been made public by the Member State concerned, Member States 
shall verify, through the corresponding documentation,
 that no retention on board, landings, cagings or transhipments of the relevant fish 
caught, after the date of closure,
 by vessels flying the flag of the Member State concerned take place in their waters and on their territory.





Amendment 40






Proposal for a regulation


Article 28 – paragraph 3





3.   These deductions and the consequent allocations shall be made taking into account as a matter of priority the species and zones for which the fishing opportunities were fixed. They may be made during the year in which the prejudice occurred or in the succeeding year 
or years
.


3.   These deductions and the consequent allocations shall be made taking into account as a matter of priority the species and zones for which the fishing opportunities were fixed. They may be made during the year in which the prejudice occurred or in the succeeding year.





Amendment 41






Proposal for a regulation


Article 28 a (new)





 



Article 28a


Transfer of unused quotas



1.
   
If all or part of the quotas for a Member State will not be used during the year in which they were granted, these quotas may be used, that same year, by other Member States. The Commission shall first of all inform the Member States concerned, asking them to confirm that they are not going to use these fishing opportunities. Following such confirmation, the Commission shall assess all the unused fishing opportunities and inform the Member States thereof, before taking the decision on their reallocation, in close cooperation with the Member States concerned.




2.
   
The transmission of applications in accordance with this Article shall in no way affect the allocation of fishing opportunities or their exchange among Member States, in accordance with Article 20 of Regulation (EC) No 2371/2002.




3.
   
Detailed rules for the application of this Article, and in particular those referring to the conditions for the use or transfer of quotas, shall be adopted in accordance with the procedure referred to in Article 111.







Amendment 42






Proposal for a regulation


Article 33






Article 33


Transhipments in port



Community fishing vessels engaged in fishing activities in the fisheries subject to a multiannual plan shall not transfer their catches on board of any other vessel or vehicle without previously landing their catches in order to be weighed in an auction centre or other body authorised by Member States.






deleted







Amendment 43






Proposal for a regulation


Article 34 – paragraph 4 a (new)





 




4a.
   
Member States may designate a port not meeting the criteria set out in paragraph 4 in order to avoid vessels having to sail for a distance greater than 50 miles to port.







Amendment 44






Proposal for a regulation


Article 37 – paragraph 2 – introductory part





2.   In fisheries in which it is allowed to have more than 
two types
 of gear on board, the gear which is not used shall be stowed so that it may not readily be used in accordance with the following conditions:


2.   In fisheries in which it is allowed to have more than 
one type
 of gear on board, the gear which is not used shall be stowed so that it may not readily be used in accordance with the following conditions:





Amendment 45






Proposal for a regulation


Article 41 – paragraph 1





1.   The master of a fishing vessel shall record all discards above 15 kg of live weight equivalents in volume and shall communicate, where possible by electronic means, this information without delay to its competent authorities.


1.   The master of a fishing vessel shall record all discards above 15 kg of live weight equivalents in volume 
per haul of gear and per trip,
 and shall communicate, where possible by electronic means, this information without delay to its competent authorities. 
The Commission shall consider a scheme to fit video-monitoring equipment for the purpose of ensuring compliance with this Regulation. Released fish in Recreational Fisheries shall not be considered to constitute discards or mortality for the purposes of this Regulation.







Amendment 46






Proposal for a regulation


Article 42





For vessels fitted with Vessel Monitoring System, Member States shall verify systematically that the information received at the Fisheries Monitoring Centre corresponds to activities recorded in the logbook by using Vessel Monitoring System data and where available to the data from observers. Such cross-checks shall be recorded in computer-readable format and kept for a period of 
three
 years.


For vessels fitted with Vessel Monitoring System, Member States shall verify systematically that the information received at the Fisheries Monitoring Centre corresponds to activities recorded in the logbook by using Vessel Monitoring System data and where available to the data from observers. Such cross-checks shall be recorded in computer-readable format and kept for a period of 
ten
 years.





Amendment 47






Proposal for a regulation


Chapter IV – section 4










The whole of Section 4 is deleted.







Amendment 48






Proposal for a regulation


Article 47 – paragraph 1





1.   Recreational fisheries 
on
 a vessel in Community waters on a stock subject to a multiannual plan 
shall be subject to an authorisation for that vessel issued
 by the 
flag
 Member State.


1.   Recreational 
Fisheries conducted from
 a vessel in Community 
marine
 waters on a stock subject to a multiannual 
recovery
 plan 
may be evaluated by the
 Member State 
in whose waters they are conducted. Fishing with rod and reel from shore shall not be included.







Amendment 49






Proposal for a regulation


Article 47 – paragraph 2





2.   
Catches in recreational fisheries on stocks subject to a multiannual plan shall be registered by the flag
 Member State.


2.   
Within two years of the date of entry into force of this Regulation, Member States may estimate the impact of Recreational Fisheries conducted in their waters and submit the information to the Commission. The relevant
 Member State 
and the Commission, on the basis of the advice of the Scientific, Technical and Economic Committee for Fisheries, shall decide which Recreational Fisheries are having a significant impact on stocks. For those fisheries having a significant impact, the Member State concerned, in close cooperation with the Commission, shall develop a monitoring system that is able to accurately estimate the total recreational catches from each stock. Recreational Fisheries shall comply with the objectives of the Common Fisheries Policy.







Amendment 50






Proposal for a regulation


Article 47 – paragraph 3





3.   
Catches of species subject to a multiannual plan by
 recreational 
fisheries
 shall be counted against the relevant 
quotas
 of the flag Member State. 
The Member States concerned shall
 establish a share from such 
quotas
 to be used exclusively for the purpose of recreational 
fisheries
.


3.   
Where a Recreational Fishery is found to have a significant impact
, 
catches
 shall be counted against the relevant 
quota
 of the flag Member State. 
The Member State may
 establish a share from such 
quota
 to be used exclusively for the purpose of 
that Recreational Fishery
.





Amendment 51






Proposal for a regulation


Article 48 – paragraph 3





3.   
Where a minimum size has been fixed for a given species, operators
 responsible for selling, stocking or transporting must be able to prove the geographical origin of the products expressed 
by reference to a sub-area and division or sub-division, or where applicable statistical rectangle in which catch limits apply pursuant to Community legislation.




3.   
Operators
 responsible for selling, stocking or transporting must be able to prove the geographical origin of the products expressed 
to the same level of detail as under Article 14(1).







Amendment 52






Proposal for a regulation


Article 50 – paragraph 2 – point d a (new)





 










da)






the area of capture, to the same level of detail as under Article 14(1);











Amendment 53






Proposal for a regulation


Article 54 – paragraph 1





1.   Registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fishery products landed in a Member State, shall submit electronically, within 
2 hours
 after the first sale, a sales note to the competent authorities of the Member State in whose territory the first sale takes place. If this Member State is not the flag State of the vessel that landed the fish, it shall ensure that a copy of the sales note is submitted to the competent authorities of the flag Member State upon receipt of the relevant information. The accuracy of the sales note shall be the responsibility of these buyers, auctions, bodies or persons.


1.   Registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fishery products landed in a Member State, shall submit electronically, within 
6 hours
 after the first sale, a sales note to the competent authorities of the Member State in whose territory the first sale takes place. If this Member State is not the flag State of the vessel that landed the fish, it shall ensure that a copy of the sales note is submitted 
without delay
 to the competent authorities of the flag Member State upon receipt of the relevant information. The accuracy of the sales note shall be the responsibility of these buyers, auctions, bodies or persons.





Amendment 54






Proposal for a regulation


Article 55 – point e











e)


the relevant name or FAO alpha code of each species and its geographical origin expressed 
by reference to a sub-area and division or sub-division in which catch limits apply pursuant to Community legislation;














e)


the relevant name or FAO alpha code of each species and its geographical origin expressed 
to the same level of detail as under Article 14(1)
;









Amendment 55






Proposal for a regulation


Article 55 – point e a (new)





 










ea)






the quantity of each species in kilograms live weight;











Amendment 56






Proposal for a regulation


Article 63 – paragraph 6





6.   All costs arising from the operation of observers under this Article shall be borne by the flag Member States. 
Member States may charge those costs, in part or in full, to the operators of the vessels flying their flags involved in the relevant fishery.




6.   All costs arising from the operation of observers under this Article shall be borne by the flag Member States 
and the Commission
.





Amendment 57






Proposal for a regulation


Article 69





Member States shall set up and keep up to date an electronic database where they upload all inspection and surveillance reports drawn up by their officials.


Member States shall set up and keep up to date an electronic database where they upload all inspection and surveillance reports
, including observer reports,
 drawn up by their officials.





Amendment 58






Proposal for a regulation


Article 78





The inspecting Member State may also transfer prosecution of the infringement to the competent authorities of the flag Member State 
or the Member State of registration
 or the Member State of which the offender is a citizen so long as this is done, with the agreement of the latter Member State and on condition that the transfer is more likely to achieve the result referred to in Article 81(2).


The inspecting Member State may also transfer prosecution of the infringement to the competent authorities of the flag Member State or the Member State of which the offender is a citizen so long as this is done, with the agreement of the latter Member State and on condition that the transfer is more likely to achieve the result referred to in Article 81(2).





Amendment 59






Proposal for a regulation


Article 82 – paragraph 1





1.   Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is 
punishable
 by effective, proportionate and dissuasive administrative sanctions, in accordance with the range of sanctions and measures provided for in Chapter IX of Regulation (EC) No 1005/2008.


1.   Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is
, in principle, punished
 by effective, proportionate and dissuasive administrative sanctions, in accordance with the range of sanctions and measures provided for in Chapter IX of Regulation (EC) No 1005/2008.





Amendment 61






Proposal for a regulation


Article 82 – paragraph 6 a (new)





 




6a.
   
Member States shall ensure that operators found liable for a serious infringement of the rules of the Common Fisheries Policy are precluded from benefiting from the European Fisheries Fund, Fisheries Partnership Agreements and other public aid. The sanctions provided for in this Chapter shall be accompanied by other sanctions or measures, in particular the repayment of public assistance or subsidies received by IUU vessels during the financing period concerned.







Amendment 62






Proposal for a regulation


Article 84 – paragraph 1





1.   Member States shall apply a penalty point system on the basis of which the holder of a fishing authorisation receives appropriate penalty points as a result of an infringement against the rules of the Common Fisheries Policy.


1.   Member States shall apply a penalty point system on the basis of which the holder of a fishing authorisation receives appropriate penalty points as a result of 
a serious
 infringement against the rules of the Common Fisheries Policy.





Amendment 63






Proposal for a regulation


Article 84 – paragraph 2





2.   When a natural person has committed or a legal person is held liable for 
an
 infringement of the rules of the Common Fisheries Policy, the appropriate number of points shall be assigned to the holder of the fishing authorisation as a result of the infringement. The holder of the fishing authorisation shall be entitled to review proceedings in accordance with national law.


2.   When a natural person has committed or a legal person is held liable for 
a serious
 infringement of the rules of the Common Fisheries Policy, the appropriate number of points shall be assigned to the holder of the fishing authorisation as a result of the 
serious
 infringement. The holder of the fishing authorisation shall be entitled to review proceedings in accordance with national law.





Amendment 64






Proposal for a regulation


Article 84 – paragraph 2 a (new)





 




2a.
   
As long as a holder of a fishing authorisation has been assigned penalty points, that holder shall be precluded from receiving Community subsidies and national public aid during that time.







Amendment 65






Proposal for a regulation


Article 84 – paragraph 4







4.
   
In the event of a serious infringement, the penalty points assigned shall be at least, equal to half of the points referred to in paragraph 3.






deleted







Amendment 66






Proposal for a regulation


Article 84 – paragraph 5





5.   If the holder of a suspended fishing authorisation does not commit, within three years from the date of the last infringement, another infringement, all points on the fishing authorisation shall be deleted.


5.   If the holder of a suspended fishing authorisation does not commit, within three years from the date of the last 
serious
 infringement, another 
serious
 infringement, all points on the fishing authorisation shall be deleted.





Amendment 67






Proposal for a regulation


Article 84 – paragraph 7





7.   Member States shall also establish a penalty point system under which the master 
and the officers
 of a vessel receive appropriate penalty points as a result of an infringement against the rules of the Common Fisheries Policy committed by them.


7.   Member States shall also establish a penalty point system under which the master 
or the captain
 of a vessel receive appropriate penalty points as a result of an infringement against the rules of the Common Fisheries Policy committed by them.





Amendment 68






Proposal for a regulation


Article 85 – paragraph 1





1.   Member States shall register in a national data base all infringements against rules of the Common Fisheries Policy, committed by vessels flying their flag or by their nationals, including the sanctions they incurred and the number of points assigned. Infringements of vessels flying their flag or by their nationals prosecuted in other Member States shall also be entered by Member States in their national data base on infringements, upon notification of the definitive ruling by the Member State having jurisdiction, pursuant to Article 82.


1.   Member States shall register in a national data base all infringements against rules of the Common Fisheries Policy, committed by 
those responsible for
 vessels flying their flag or by their nationals, including the sanctions they incurred and the number of points assigned. Infringements of vessels flying their flag or by their nationals prosecuted in other Member States shall also be entered by Member States in their national data base on infringements, upon notification of the definitive ruling by the Member State having jurisdiction, pursuant to Article 82.





Amendment 69






Proposal for a regulation


Article 85 – paragraph 3





3.   Where a Member State requests information from another Member State in relation to the prosecution of an infringement, that other Member State shall provide the relevant information on the fishing vessels and persons in question.


3.   Where a Member State requests information from another Member State in relation to the prosecution of an infringement, that other Member State shall provide the relevant information on the fishing vessels and persons in question 
without delay
.





Amendment 70






Proposal for a regulation


Article 85 – paragraph 3 a (new)





 




3a.
   
Information on infringements committed and for which a conviction has been obtained by the fishing vessels and individuals in question will be available to the public via the public part of the website referred in Article 107.







Amendment 71






Proposal for a regulation


Article 91 – paragraph 4





4.   Officials of the Member State concerned shall 
be given the possibility to
 be present during the inspection and shall, at the request of the Commission officials, assist them to carry out their duties.


4.   Officials of the Member State concerned shall 
always
 be present during the inspection and shall, at the request of the Commission officials, assist them to carry out their duties.





Amendment 72






Proposal for a regulation


Article 95 – paragraph 1 – point a













a)






the provisions of this Regulation have not been complied with as a result of an action or omission directly attributable to the Member State concerned, and that










deleted







Amendment 73






Proposal for a regulation


Article 96 – paragraph 1





1.   Where a Member State does not respect its obligations for the implementation of a multiannual plan, and where the Commission has 
reasons to believe
 that the non respect of those obligations is particularly detrimental to the stock concerned, the Commission may provisionally close the fisheries affected by those shortcomings.


1.   Where a Member State does not respect its obligations for the implementation of a multiannual plan, and where the Commission has 
evidence
 that the non respect of those obligations is particularly detrimental to the stock concerned, the Commission may provisionally close the fisheries affected by those shortcomings.





Amendment 74






Proposal for a regulation


Article 97 – paragraph 1 – introductory part





1.   When the Commission has established that a Member State has overfished its quota, allocation or share of a stock or a group of stocks available to it the Commission shall operate deductions in the following year 
or years
 from the annual quota, allocation or share of the Member State which has overfished by applying a multiplying factor according to the following table:


1.   When the Commission has established that a Member State has overfished its quota, allocation or share of a stock or a group of stocks available to it the Commission shall operate deductions in the following year from the annual quota, allocation or share of the Member State which has overfished by applying a multiplying factor according to the following table:





Amendment 75






Proposal for a regulation


Article 97 – paragraph 1 – table











Extent of overfishing relative to the permitted landings


Multiplying factor






Up to 5%




Overfishing 
* 1.0








Over 5 % up to 10 %




Overfishing 
* 1.1








Over 10 % up to 20 %




Overfishing 
* 1.2








Over 20 % up to 40 %




Overfishing 
* 1.4








Over 40 % up to 50 %




Overfishing 
* 1.8






Any further overfishing greater than 
50 %




Overfishing 
* 2.0














Extent of overfishing relative to the permitted landings


Multiplying factor






The first 10 %






Deduction =
 Overfishing 
× 1,00








The next 10 % up to 20 % in total






Deduction =
 Overfishing 
× 1,10








The next 20 % up to 40 % in total






Deduction = Overfishing 
× 1,20






Any further overfishing greater than 
40 %






Deduction =
 Overfishing 
× 1,40








Note: The percentage intervals shall be replaced by the intervals set in Article 5(2) of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas.











Amendment 76






Proposal for a regulation


Article 97 – paragraph 1 a (new)





 




1a.
   
If the quota, allocation or share of a stock or a group of stocks allocated to a Member State does not exceed 100 tonnes, the reduction for exceeding the quota shall be applied in a linear manner and not by percentage, except for species covered by a multiannual plan to which paragraph 1 shall apply.







Amendment 77






Proposal for a regulation


Article 97 – paragraph 2





2.   If a Member State has repeatedly overfished its quota, allocation or share of the stock or group of stocks 
over the previous two years, if the overfishing is
 particularly 
detrimental to the stock concerned or if the stock is
 subject to a multiannual plan, the multiplying factor referred to in paragraph 1 shall be doubled.


2.   If
, over the previous two years,
 a Member State has repeatedly overfished its quota, allocation or share of a stock or group of stocks 
that is
 particularly 
sensitive to over-fishing or subject
 to a multiannual plan, the multiplying factor referred to in paragraph 1 shall be doubled.





Amendment 78






Proposal for a regulation


Article 97 – paragraph 3







3.
   
If a Member State takes catches from a stock subject to a quota for which it has no quota, allocation or share of a stock or a group of stocks available to it, the Commission may deduct in the following year or years quotas for other stocks or groups of stocks available to that Member State in accordance with paragraph 1.






deleted







Amendment 79






Proposal for a regulation


Article 98






Article 98


Deduction of quotas for failure to comply with the objectives of the Common Fisheries Policy



1.
   
Where there is evidence that rules on conservation, control, inspection or enforcement under the Common Fisheries Policy are not being complied with by a Member State and that this may lead to a serious threat to the conservation of living aquatic resources or the effective operation of the Community control and enforcement system, the Commission may operate deductions from the annual quotas, allocations or shares of a stock or group of stocks available to that Member State.




2.
   
The Commission shall inform in writing the Member State concerned of its findings and set a deadline of no more than 10 working days for the Member State to demonstrate that the fisheries can be safely exploited.




3.
   
The measures referred to in paragraph 1 shall only apply if the Member State fails to respond to this request of the Commission within the deadline given in paragraph 2 or if the response is considered unsatisfactory or is clearly indicative of the fact that the necessary measures have not been implemented.




4.
   
Detailed rules for the application of this article, and in particular for determining the quantities concerned, shall be adopted in accordance with the procedure referred to in Article 111.






deleted







Amendment 80






Proposal for a regulation


Article 100






Article 100


Refusal of quota exchanges



The Commission may exclude the possibility to exchange quotas according to Article 20 paragraph 5 of Regulation (EC) No 2371/2002:










a)






for quotas for which there was an overfishing of more than 10 % of the quotas available to one of the Member State concerned in one of the immediately preceding two years or














b)






if the Member State concerned does not take appropriate measures to ensure a proper management of the fishing opportunities of the stocks concerned, in particular by not operating a computerized validation system as referred to in Article 102 or by insufficiently operating the systems providing the data for this validation system.










deleted







Amendment 81






Proposal for a regulation


Article 101 – paragraph 1





1.   If there is evidence, including based on the results of the sampling carried out by the Commission, that fishing activities and/or measures adopted by a Member State or Member States undermine the Common Fisheries Policy or threaten the marine eco-system and this requires immediate action, the Commission, at the substantiated request of any Member State or on its own initiative, may decide on emergency measures which shall last not more than 
one year
. The Commission may take a new decision to extend the emergency measures for no more than six months.


1.   If there is evidence, including based on the results of the sampling carried out by the Commission, that fishing activities and/or measures adopted by a Member State or Member States undermine the Common Fisheries Policy or threaten the marine eco-system and this requires immediate action, the Commission, at the substantiated request of any Member State or on its own initiative, may decide on emergency measures which shall last not more than 
six months
. The Commission may take a new decision to extend the emergency measures for no more than six months.





Amendment 82






Proposal for a regulation


Article 101 – paragraph 2 – point g











g)


prohibition for fishing vessels flying the flag of the Member State concerned to fish in waters under the jurisdiction of other Member States;












g)


prohibition for fishing vessels flying the flag of the Member State concerned to fish in waters under the jurisdiction of other Member States 
or of a third country, or on the high seas
;









Amendment 83






Proposal for a regulation


Article 101 – paragraph 3





3.   A Member State shall communicate the request referred to in paragraph 1 simultaneously to the Commission and to the Member States concerned. The other Member States may submit their written comments to the Commission within 
five
 working days of receipt of the request. The Commission shall take a decision within 15 working days of receipt of the request.


3.   A Member State shall communicate the request referred to in paragraph 1 simultaneously to the Commission and to the Member States concerned. The other Member States may submit their written comments to the Commission within 
15
 working days of receipt of the request. The Commission shall take a decision within 15 working days of receipt of the request.





Amendment 84






Proposal for a regulation


Article 101 – paragraph 5





5.   The Member States concerned may refer the Commission decision to the Council within 
10
 working days of receipt of the notification.


5.   The Member States concerned may refer the Commission decision to the Council within 
15
 working days of receipt of the notification.





Amendment 85






Proposal for a regulation


Article 104 – paragraph 2





2.   
The names of natural persons
 shall not be communicated to the Commission or to another Member State except in the case where such communication is expressly provided for in this Regulation or if it is necessary for the purposes of preventing or pursuing infringements or the verification of apparent infringements. The data referred to in paragraph 1 shall not be transmitted unless they are aggregated with other data in a form, which does not permit the direct or indirect identification of natural persons.


2.   
Personal data
 shall not be communicated to the Commission or to another Member State except in the case where such communication is expressly provided for in this Regulation or if it is necessary for the purposes of preventing or pursuing infringements or the verification of apparent infringements. The data referred to in paragraph 1 shall not be transmitted unless they are aggregated with other data in a form, which does not permit the direct or indirect identification of natural persons.





Amendment 86






Proposal for a regulation


Article 105 – paragraph 1





1.   Member States and the Commission shall take all necessary steps to ensure that the data collected and received within the framework of this Regulation shall be treated in a confidential manner and shall respect all rules on professional and commercial secrecy of data.


1.   Member States and the Commission shall take all necessary steps to ensure that the data collected and received within the framework of this Regulation shall be treated in a confidential manner and shall respect all rules on professional and commercial secrecy of data
, consistent with all applicable provisions laid down in Regulation (EC) No 45/2001 and Directive 95/46/EC
.





Amendment 87






Proposal for a regulation


Article 105 – paragraph 4







4.
   
Data communicated in the framework of this Regulation to persons working for competent authorities, courts, other public authorities and the Commission or the body designated by it, the disclosure of which would undermine:










a)






the protection of the privacy and the integrity of the individual, in accordance with Community legislation regarding the protection of personal data,














b)






the commercial interests of a natural or legal person, including intellectual property,














c)






court proceedings and legal advice or














d)






the scope of inspections or investigations,








shall be permitted only if it is necessary to bring about the cessation or prohibition of an infringement of the rules of the Common Fisheries Policy and the authority communicating the information consents to its disclosure.






deleted







Amendment 88






Proposal for a regulation


Article 108 – paragraph 3





3.   For the secure part of its website, each Member State shall provide remote access to the Commission and the body designated by it. The Member State shall grant access to Commission officials based on electronic certificates generated by the Commission or the body designated by it.


3.   For the secure part of its website, each Member State shall provide remote access to the Commission and the body designated by it. The Member State shall grant access to Commission officials based on electronic certificates generated by the Commission or the body designated by it.




 




Third countries shall be provided with the information included in paragraphs 1(b), 1(d) and 1(f) for Community vessels that apply for licences to fish in their waters. The information shall be provided at the request of the third country concerned and without delay, on condition that the third country guarantees in writing the confidentiality of the information. The transfer of personal data under this provision shall be deemed to comply with Article 26(1)(d) of Directive 95/46/EC.







Amendment 89






Proposal for a regulation


Article 112

Regulation (EC) No 768/2005
Article 17a – paragraph 1 – introductory part




1.   Without prejudice to the enforcement powers conferred by the Treaty on the Commission, the Agency shall assist the Commission for the purpose of evaluating and controlling the application of the rules of the Common Fisheries Policy by the Member States. The Agency may undertake inspections of public authorities and private operators in the Member States. For this purpose it may, in compliance with the legal provisions of the Member State concerned,


1.   Without prejudice to the enforcement powers conferred by the Treaty on the Commission, the Agency shall assist the Commission for the purpose of evaluating and controlling the application of the rules of the Common Fisheries Policy by the Member States. The Agency may
, using its own resources,
 undertake inspections of public authorities and private operators in the Member States. For this purpose it may, in compliance with the legal provisions of the Member State concerned,