P7_TA(2013)0539 North-East Atlantic: deep-sea stocks and fishing in international waters ***I European Parliament legislative resolution of 10 December 2013 on the proposal for a regulation of the European Parliament and of the Council establishing specific conditions to fishing for deep-sea stocks in the North-East Atlantic and provisions for fishing in international waters of the North-East Atlantic and repealing Regulation (EC) No 2347/2002 (COM(2012)0371 — C7-0196/2012 — 2012/0179(COD)) P7_TC1-COD(2012)0179 Position of the European Parliament adopted at first reading on 10 December 2013 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council establishing specific conditions to fishing for deep-sea stocks in the North-East Atlantic and provisions for fishing in international waters of the North-East Atlantic and repealing Council Regulation (EC) No 2347/2002
Date: 2013-12-10
Institutions: Committee on Fisheries, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: Atlantic Ocean, EU waters, catch by species, catch quota, deep-sea fishing, fishing area, fishing rights, international waters, ordinary legislative procedure, sea fish




C_2016468EN.01023901.xml










15.12.2016   


EN


Official Journal of the European Union


C 468/239





P7_TA(2013)0539
North-East Atlantic: deep-sea stocks and fishing in international waters ***I
European Parliament legislative resolution of 10 December 2013 on the proposal for a regulation of the European Parliament and of the Council establishing specific conditions to fishing for deep-sea stocks in the North-East Atlantic and provisions for fishing in international waters of the North-East Atlantic and repealing Regulation (EC) No 2347/2002 (COM(2012)0371 — C7-0196/2012 — 2012/0179(COD))
(Ordinary legislative procedure: first reading)
(2016/C 468/48)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2012)0371),










—


having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0196/2012),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Economic and Social Committee of 13 February 2013 (1),










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the FAO's Code of Conduct for Responsible Fisheries and the European Commission's Code of Sustainable and Responsible Fisheries Practices,










—


having regard to the report of the Committee on Fisheries and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0395/2013),












1.


Adopts its position at first reading hereinafter set out;












2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;












3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 133, 9.5.2013, p. 41.


P7_TC1-COD(2012)0179
Position of the European Parliament adopted at first reading on 10 December 2013 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council establishing specific conditions to fishing for deep-sea stocks in the North-East Atlantic and provisions for fishing in international waters of the North-East Atlantic and repealing Council Regulation (EC) No 2347/2002
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national Parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:






(1)


Council Regulation (EC) No 2371/2002 (3) requires the establishment of Community measures governing access to waters and resources and the sustainable pursuit of fishing activities and necessary to ensure the rational and responsible exploitation of resources on a sustainable basis. Article 2 of that Regulation requires applying the ecosystem and precautionary approaches in taking measures to minimise the impact of fishing activities on marine ecosystems.












(1a)






As established in Article 11 of the Treaty on the Functioning of the European Union (TFEU), environmental protection requirements are to be integrated into the definition and implementation of the Union policies and activities, including deep sea fisheries conservation, in particular with a view to promoting sustainable development; [Am. 1]











(2)


The Union is committed to implement the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72, which call on States and Regional Fisheries Management Organisations to ensure the protection of vulnerable deep-sea marine ecosystems from the destructive impact of bottom fishing gears, as well as the sustainable exploitation of deep-sea fish stocks. 
Recommendations with measures developed and adopted by the North East Atlantic Fisheries Commission (NEAFC) to protect deep water vulnerable marine ecosystems against the adverse effects of bottom fishing gear, in accordance with paragraph 83(a) of Resolution 61/105 and paragraphs 119(a) and 120 of Resolution 64/72, should be formally incorporated into Union law in their entirety. [Am. 2]













(2a)






Furthermore, the Union should act as a leader in the establishment and implementation of good-governance measures for the sustainable management of deep-sea fisheries within international fora in line with the Resolutions adopted by the General Assembly of the United Nations and by FAO and reflected in this Regulation. [Am. 3]











(3)


The Commission evaluated Council Regulation (EC) No 2347/2002 (4). The Commission found in particular, that the scope of the fleet concerned was too large, that there was guidance lacking on control in designated ports and on sampling programmes, and that the quality of Member States' reporting of effort levels was too variable.












(3a)






The capacity of vessels with deep-sea fishing permits has been limited since 2002 to the aggregate capacity of all the vessels that caught more than 10 tonnes of any mixture of deep sea species in any of the years 1998, 1999 or 2000. The Commission's evaluation concluded that this capacity ceiling has had no substantial positive effect. Given the past experience and the lack of accurate data in many deep sea fisheries, it is inadequate to manage these fisheries by means of effort limits only. [Am. 4]











(4)


In order to maintain necessary reductions in fishing capacity achieved so far in deep-sea fisheries, it is appropriate to provide that fishing for deep-sea species is subject to a fishing authorisation which limits the capacity of vessels eligible to land deep-sea species. With a view to focus management measures on the part of the fleet most relevant for deep-sea fisheries, the fishing authorisations should be issued according to target or by-catch fishery. 
However, the obligation to land all catches established in Regulation (EU) No …/2013 of the European Parliament and of the Council

 (5)

should be taken into account so that vessels catching a small quantity of deep-sea species and which are not currently subject to a deep-sea fishing permit, are not deprived of the opportunity to continue their traditional fishing activities. [Am. 5]











(5)


Holders of a fishing authorisation allowing the catch of deep-sea species should cooperate in scientific research activities leading to an improvement in the assessment of deep-sea stocks and 
research into
 deep-sea ecosystems. [Am. 6]











(6)


When targeting other species in areas on the continental slope also authorised to deep-sea fisheries, vessel owners should keep a fishing authorisation allowing deep-sea by-catches.










(7)


Deep-sea fishing with bottom trawls carry

carries
 the highest risk for vulnerable marine ecosystems among the different gears used and reports the highest rates of undesired catch of deep-sea species. Bottom trawls should therefore be permanently prohibited from the targeting of deep-sea species
. [Am. 7]












(8)




Bottom-set gillnets are currently restricted in entering deep-sea fisheries by Council Regulation (EC) No 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011
 (6)
. In view of the high rates of undesired catch when they were deployed unsustainably in deep waters, and in view of the ecological impact of lost and abandoned gear, this gear should also be permanently prohibited from the targeting of deep-sea species.
[Am. 8]











(9)



However, in order to provide fishermen with

Fishermen require
 sufficient time to adjust to the new requirements
, and
 current fishing authorisations for fishing with bottom trawls and bottom-set gillnets should continue to be valid for a specified period of time
, so as to minimise the negative consequences for the fleet engaging in this fishing activity
. [Am. 9]











(10)


Moreover, vessels which have

wish
 to change gear in order to be able to stay in the fishery should be eligible for receiving financial assistance from the European Fisheries Fund provided that the new gear reduces the impact of fishing on non-commercial species and provided also that the national operational programme allows contributing to such measures. [Am. 10]











(11)


Vessels targeting deep-sea species with other bottom gear should not extend their range of operation according to their 
fishing
 authorisation within Union waters unless, 
following an assessment in accordance with the 2008 FAO International Guidelines for the Management of Deep-Sea Fisheries in the High Seas (‘the 2008 FAO Guidelines’), the extension is proven not to carry
 a significant risk of negative impact on vulnerable marine ecosystems. [Am. 11]











(12)


Scientific advice concerning certain fish stocks found in the deep-sea indicates that these stocks are particularly vulnerable to exploitation, and that fishing

. Fishing
 for these stocks should be limited or reduced as a precautionary measure 
and should aim to achieve levels above those capable of producing maximum sustainable yield
. Fishing opportunities for deep-sea stocks should not go beyond those levels which are scientifically advised as precautionary. In the case of advice being absent for lack of sufficient information about stocks or species, no fishing opportunities should be allocated. 
It should be noted however, that several stocks of deep-water species of significant commercial interest, such as Roundnose grenadier (Coryphaenoides rupestris), Blue ling (Molva dypterigia) and Black scabbardfish (Aphanopus carbo), have, according to ICES, stabilised over the last three years. [Am. 12]











(13)



Scientific advice further indicates that fishing effort limits are an appropriate instrument for fixing fishing opportunities for deep-sea fisheries. In view of the large variety of gears and fishing patterns present in deep-sea fisheries, and the need to develop accompanying measures tackling the environmentally weak points of the fisheries indivdually, fishing effort limits should only replace catch limits when it can be ensured that they are adapted to specific fisheries.

The lack of accurate data in most deep sea fisheries and the mixed nature of most of them make it necessary to implement complementary management measures. Where appropriate
, 
catch limits should be combined with effort limits
. 
Both should be set at levels which minimise and prevent impact on non-target species and vulnerable marine ecosystems
. [Am. 13]











(14)


In order to ensure an adapted management of the specific fisheries, Member States concerned should be empowered to take accompanying conservation measures and to annually assess the effort levels' consistency with scientific advice on sustainable exploitation. The regionally adapted effort limits should also replace the existing global limit on fishing effort agreed in NEAFC.










(15)


Given that biological information can best be collected by way of harmonised data collection standards, it is appropriate to integrate data collection on deep-sea métiers into the general framework of scientific data collection, while ensuring the provision of additional information necessary to understand the dynamics of the fisheries. For simplification purposes, the effort reporting by species should be discontinued and replaced by the analysis of recurrent scientific data calls to Member States which contain a specific chapter on deep-sea métiers. 
Member States should ensure compliance with data collection and reporting obligations, in particular with those related to the protection of vulnerable marine ecosystems
. [Am. 14]













(15a)






A large number of species are caught in deep sea fisheries, including vulnerable species of deep sea sharks. It is necessary to ensure that the obligation to land all catches in deep sea fisheries covers species not subject to catch limits and that de minimis provisions are not applied to these fisheries. A fully implemented obligation to land could greatly contribute to filling the existing data gaps in these fisheries and to a better understanding of the impact of these fisheries on the wide range of species caught. [Am. 15]











(16)


Council Regulation (EC) No 1224/2009 (7) lays down control and enforcement requirements concerning multiannual plans. Deep-sea species, by nature vulnerable to fishing, should receive the same attention in terms of control as other conservation species for which a multiannual management plan has been agreed.










(17)


Holders of a fishing authorisation allowing for the catch of deep-sea species should lose their authorisation as far as the catching of deep-sea species is concerned if they do not comply with relevant conservation measures.










(18)


The Convention on future multilateral cooperation in the North-East Atlantic fisheries was approved by Council Decision 81/608/EEC (8) and entered into force on 17 March 1982. That convention provides for an appropriate framework for multilateral cooperation on the rational conservation and management of fishery resources in international waters of the North-East Atlantic. Management measures adopted in NEAFC comprise technical measures for the conservation and management of species regulated within NEAFC and for the protection of marine vulnerable habitats, including precautionary measures.










(19)


The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU to specify measures accompanying annual effort limits if Member States fail to take them or if the measures they adopt are deemed not to be compatible with the objectives of this regulation or insufficient in respect of the aims indicated in this regulation.










(20)


The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU, which may be necessary to amend or supplement non-essential elements of this Regulation in cases of absence or insufficiency of the accompanying measures adopted by the Member States and linked to annual effort limits, when these replace catch limits.










(21)


It is therefore necessary to put in place new rules to regulate fishing for deep-sea stocks in the North-East Atlantic and to repeal Regulation (EC) No 2347/2002.










(22)


The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council,




HAVE ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Objectives
The objectives of this Regulation are the following:






(a)


to ensure the sustainable 
management and
 exploitation of deep-sea species while minimising the impact of deep-sea fishing activities on the marine environment; [Am. 16]













(aa)






to prevent significant adverse impacts on vulnerable marine ecosystems and to ensure the long-term conservation of deep sea fish stocks;

[Am. 17]











(b)


to improve the scientific knowledge on deep-sea species and their habitats for the purposes referred to in point (a);












(ba)






to minimise, and where possible prevent, by-catches;

[Am. 18]











(c)


to implement technical measures on fisheries management recommended by the North East Atlantic Fisheries Commission (NEAFC);












(ca)






to apply the precautionary and ecosystem approaches to fisheries management and to ensure that the Union measures aimed at the sustainable management of deep-sea fish stocks are consistent with Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72.

[Am. 19]





Article 2
Scope
This Regulation applies to fishing activities or intended fishing activities in the following waters:






(a)


Union waters of International Council for the Exploration of the Sea (ICES) sub-areas II to XI and of Fishery Committee for the Eastern Central Atlantic (CECAF) areas 34.1.1, 34.1.2 and 34.2, 
including the fishing activities carried out or intended to be carried out by fishing vessels flying the flag of, and registered in, a third country; [Am. 20]











(b)


international waters of CECAF areas 34.1.1, 34.1.2 and 34.2 and










(c)


the Regulatory Area of the NEAFC.




Article 3
Definitions
1.   For the purposes of this Regulation, the definitions laid down in Article 3

4
 of Regulation (EC) No 2371/2002

…/2013 [on the Common Fisheries Policy]
 and Article 2 of Council Regulation (EC) No 734/2008 (9) shall apply. [Am. 21]

2.   In addition, the following definitions shall apply:






(a)


‘ICES zones
, subzones, divisions and subdivisions
’ are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council (10); [Am. 22]











(b)


‘CECAF areas, 
subareas and divisions
’ are as defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council (11); [Am. 23]











(c)


‘Regulatory Area of the NEAFC’ means the waters subject to the Convention on future multilateral cooperation in North-East Atlantic fisheries which lie beyond the waters under the fisheries jurisdiction of the contracting parties to that Convention;










(d)


‘deep-sea species’ means the species listed in Annex I;










(e)


‘most vulnerable species’ means the deep-sea species indicated in the third column ‘Most vulnerable (x)’ of the table in Annex I;










(f)


‘métier’ means fishing activities targeting certain species by a certain gear in a certain area;










(g)


‘deep-sea métier’ means a métier that targets deep-sea species according to the indications laid down in Article 4(1) of this regulation;










(h)


‘fisheries monitoring centre’ means an operational centre established by a flag Member State and equipped with computer hardware and software enabling automatic data reception, processing and electronic data transmission;










(i)


‘scientific advisory body’ means an international fisheries scientific body that meets international standards for research-based scientific advice;












(ia)






‘sustainable exploitation’ means the exploitation of a stock or group of fish stocks in a way that restores and maintains populations of fish stocks above levels capable of producing maximum sustainable yield and that does not have a negative impact on the marine ecosystems.

[Am. 24]












(j)




‘maximum sustainable yield’ means the maximum catch that may be taken from a fish stock indefinitely.
[Am. 25]







Article 3a




Transparency, public participation and access to justice




1.
   
When implementing this Regulation, the provisions of Directive 2003/4/EC of the European Parliament and of the Council

 (12)

and Regulations 1049/2001/EC

 (13)

and 1367/2006/EC

 (14)

of the European Parliament and of the Council that concern access to environmental information shall apply.




2.
   
The Commission, and Member States, shall ensure that all data-handling and decision-making under this Regulation is conducted in full compliance with the Convention of the United Nations Economic Commission for Europe on access to information, public participation in decision-making and access to justice in environmental matters (‘the Aarhus Convention’, approved on behalf of the Union by Council Decision 2005/370/EC

 (15)
. [Am. 26]



Article 3b




Identification of deep-sea species and most vulnerable species




1.
   
By …

 (*1)

and every two years thereafter, the Commission shall review the list of deep-sea species in Annex I, including the designation of most vulnerable species.




2.
   
The Commission shall be empowered to adopt delegated acts, in accordance with Article 20, amending the list of deep-sea species in Annex 1, including the designation of most vulnerable species, to incorporate new scientific information from Member States, from the scientific advisory body and from other relevant sources of information, including the IUCN Red List Assessments. When adopting such delegated acts, the Commission shall, in particular, take account of the IUCN Red List Criteria, the rarity of the species, its vulnerability to exploitation and whether the scientific advisory body has recommended a zero by-catch.

[Am. 27]

CHAPTER II
FISHING AUTHORISATIONS
Article 4
Types of fishing authorisations
1.   Fishing activities targeting deep-sea species carried out by a Union fishing vessel, shall be subject to a fishing authorisation, 
issued by the flag Member State,
 which shall indicate deep-sea species as the target species. [Am. 28]

2.   For the purposes of paragraph 1, fishing activities are deemed to target deep-sea species, if:






(a)


deep-sea species are noted as target in the vessel's fishing calendar, or










(b)


a gear that is only used to catch deep-sea species is carried on board of the vessel or deployed in the area of operation, or










(c)


the vessel's master records in the logbook a percentage of 
the
 deep-sea species 
listed in Annex I, which is caught within the waters included in the scope of this Regulation and which is
 equal or superior to 10 % of the overall catch weight in the fishing day concerned

one of the following thresholds:








—




15 %
 of the overall catch weight in the fishing day concerned
, or












—




8 % of the overall catch weight in the fishing trip concerned,




the choice of threshold being at the discretion of the vessel's master, or [Am. 29]

















(ca)






the vessel deploys bottom gears at depths of or below 600 meters. [Am. 30]







2a.
   
For the purpose of calculating the percentages referred to in point (c) of paragraph 2, the species in Annex I subject to deferred application, as indicated in the fourth column thereof, shall only be taken into account from …

 (*2)
. [Am. 31]

3.   Fishing activities not targeting deep-sea species but catching deep-sea species as a by-catch, carried out by a Union fishing vessel, shall be subject to a fishing authorisation, which shall indicate deep-sea species as by-catch. [Am. 32]

4.   The two types of fishing authorisations referred to in paragraphs 1 and 3 respectively shall be clearly distinguishable in the electronic database referred to in Article 116 of Regulation (EC) No 1224/2009.
5.   Notwithstanding paragraphs 1 and 3, fishing vessels may catch, retain on board, tranship or land any quantity of deep-sea species without a fishing authorisation, if that quantity is below a threshold set at 100 kg of any mixture of deep-sea species per fishing trip. 
Details of all such catches, whether retained or discarded, including species composition, weight and sizes, shall be recorded in the vessel's logbook and shall be reported to the competent authorities. [Am. 33]

Article 5
Capacity management


1.
   The aggregate fishing capacity measured in gross tonnage and in kilowatt of all fishing vessels holding a fishing authorisation issued by a Member State, allowing the catch of deep-sea species, whether as target or by-catch species, shall at no time exceed the aggregate fishing capacity of vessels of that Member State which have landed 10 tonnes or more of deep-sea species during any of the two calendar years preceding the entry into force of this Regulation, whichever year provides the higher figure

2009-2011, whichever year provides the higher figure. [Am. 34]



1a.
   
In order to achieve the objective set out in paragraph 1, Member States shall conduct annual capacity assessments in accordance with Article 22 of Regulation (EU) No …/2013 [on the Common Fisheries Policy]. The resulting report, as referred to in paragraph 2 of that Article, shall seek to identify structural overcapacity by segment and shall estimate the long-term profitability by segment. The reports shall be made publicly available. [Am. 35]



1b.
   
Where the capacity assessments referred to in paragraph 1a indicate that the fishing mortality of deep sea stocks is above recommended levels, the Member State concerned shall prepare and include in the report an action plan for the affected fleet segment, in order to ensure that the fishing mortality exerted on the stocks concerned is consistent with the objectives of Article 10. [Am. 36]



1c.
   
The capacity assessments and action plans referred to in this Article shall be made publicly available. [Am. 37]



1d.
   
Where fishing opportunities for deep-sea species have been exchanged between Member States, the fishing capacity corresponding to the opportunities exchanged shall, for the purpose of establishing the aggregated fishing capacity according to paragraph 1, be attributed to the donor Member State. [Am. 38]



1e.
   
Notwithstanding paragraph 1, regional fleets in outermost regions where there is no continental shelf and virtually no alternatives to deep-sea resources shall be permitted an aggregate fishing capacity for deep-sea species which shall at no time exceed the aggregate fishing capacity of the current fleet in each outermost region. [Am. 39]

Article 6
General requirements for applications for fishing authorisations


1.
   Each application for a fishing authorisation allowing for the catch of deep-sea species whether as target or by-catch species, and for its 
annual
 renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities, 
indicating all the ICES and CECAF subareas, divisions and subdivisions covered,
 the type 
and the amount
 of gears, the depth range at which the activities will be deployed, and of

carried out and
 the individual species targeted
, as well as the intended frequency and duration of the fishing activity. This information shall be made publicly available
. [Am. 40]



1a.
   
Any application for a fishing authorisation shall be accompanied by a record of the concerned fishing vessels' catches of deep-sea species in the area for which an application is sought for 2009-2011. [Am. 41]



Article 6a




Specific requirements for the protection of vulnerable marine ecosystems




1.
   
Member States shall use the best scientific and technical information available, including biogeographic information, to identify where vulnerable marine ecosystems are known or are likely to occur. In addition, the scientific advisory body shall carry out an annual assessment of where vulnerable marine ecosystems are known or are likely to occur.




2.
   
Where, based on the information referred to in paragraph 1, areas where vulnerable marine ecosystems are known or are likely to occur have been identified, Member States and the scientific advisory body shall inform the Commission in a timely manner.




3.
   
By …

 (*3)

, on the basis of the best scientific and technical information available and based on the assessments and identifications carried out by Member States and the scientific advisory body, the Commission shall establish a list of areas where vulnerable marine ecosystems are known to occur or are likely to occur. The Commission shall review this list annually, on the basis of advice received from the scientific advisory body.




4.
   
Fishing with bottom gears shall be prohibited in the areas identified in accordance with paragraph 3.




5.
   
The closures referred to in paragraph 4 shall apply to all Union vessels when they occur in the high seas, and to all vessels when the closure occurs in Union waters.




6.
   
By way of derogation from paragraph 4, if the Commission determines, based on an impact assessment and after consulting the scientific advisory body, that there is sufficient evidence that vulnerable marine ecosystems are not present in a particular area which appears on the list referred to in paragraph 3, or that appropriate conservation and management measures have been adopted which ensure that significant adverse impacts on vulnerable marine ecosystems in that area is prevented, it may reopen that area to fishing with bottom gears.




7.
   
Where, in the course of fishing operations, a fishing vessel encounters evidence of vulnerable marine ecosystems, it shall immediately cease fishing in the area concerned. It shall resume operations only when it has reached an alternative area at a minimum distance of five nautical miles from the fished area in which the encounter occurred.




8.
   
The fishing vessel shall immediately report each encounter with vulnerable marine ecosystems to the competent national authorities, who in turn shall notify the Commission, without delay.




9.
   
The areas referred to in paragraphs 4 and 7 shall remain closed to fishing until such time as the scientific advisory body carries out an assessment of the area and concludes that no vulnerable marine ecosystems are present, or that appropriate conservation and management measures have been adopted which ensure that significant adverse impacts on vulnerable marine ecosystems in that area are prevented, after which the Commission may reopen that area to fishing.

[Am. 42]

Article 7
Specific requirements for applications for and issuance of fishing authorisations allowing the use use of bottom gears in fishing activities targeting deep-sea species
1.   In addition to the requirements set out in Article 6, each application for a fishing authorisation for targeted deep sea fisheries, as referred to in Article 4(1)

, issued in accordance with Article 4
, that allows the use of bottom gears in Union waters as referred to in point (a) of Article 2, 
or in international waters as referred to in points (b) and (c) of Article 2,
 shall be accompanied by a detailed fishing plan, 
which shall be made publicly available,
 specifying: [Am. 43]







(a)


the locations of the intended activities targeting

fishing for
 deep-sea species in the deep-sea métier. The location(s)

which
 shall be defined by coordinates in accordance with the World Geodetic System of 1984 
and shall include an indication of all the ICES and CECAF subareas, divisions and subdivisions covered
; [Am. 44]











(b)


the locations, if any, of activities in the deep-sea métier during the last three full calendar years. Those location(s)

2009-2011 which
 shall be defined by coordinates in accordance with the World Geodetic System of 1984 and they shall circumscribe the fishing activities as closely as possible 
and shall include an indication of all the ICES and CECAF subareas, divisions and subdivisions covered
; [Am. 45]













(ba)






the types of fishing gears and the depth at which they will be deployed, a list of the species to be targeted and the technical measures to be put in place, in accordance with the technical measures on fisheries management recommended by NEAFC and measures under Regulation (EC) No 734/2008, as well as the configuration of the bathymetric profile of the seabed in the intended fishing grounds, where this information is not already available to the competent authorities of the flag State concerned.

[Am. 46]







1a.
   
Prior to issuing an authorisation Member States shall verify through the VMS record of such vessels that the information submitted in accordance with point (b) of paragraph 1 is accurate. If the information provided under point (b) of paragraph 1 does not match that in the VMS record the authorisation shall not be issued. [Am. 47]



1b.
   
Authorised fishing activities shall be limited to existing fishing areas established under point (b) of paragraph 1. [Am. 48]



1c.
   
Any modification to the fishing plan shall be subject to an evaluation by the flag Member State. A modified fishing plan shall only be accepted by the flag Member State if it does not allow for fishing operations in areas where vulnerable marine ecosystems occur or are likely to occur. [Am. 49]



1d.
   
Failure to comply with the fishing plan shall result in the withdrawal by the flag Member State of the fishing authorisation from the fishing vessel concerned. [Am. 50]



1e.
   
Small-scale vessels that, due to technical factors such as the type of gear used or the capacity of the vessel, do not have the capacity to catch more than 100 kg of deep-sea species per fishing trip are exempted from the obligation to present a fishing plan. [Am. 51]



1f.
   
Applications for the renewal of fishing authorisations for deep-sea species may be exempted from the requirement to submit a detailed fishing plan unless changes are planned in the fishing operations of the vessel concerned in which case a revised plan shall be submitted. [Am. 52]

2.   Any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity, as set out in paragraph 1(a), and the existing fishing activity, as set out in paragraph 1(b), overlap. However, the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the Member State has assessed and documented, based on scientific advice, that such extension would not have significant adverse impacts on vulnerable marine ecosystems.

Without prejudice to paragraph 1, fishing with bottom gear that is to take place in waters where deep-sea fisheries have not been carried out during 2009-2011, as referred to in point (b) of paragraph 1, shall require a fishing authorisation as established in accordance with Article 4. No fishing authorisation shall be issued unless the Member State has assessed and documented, on the basis of the best available scientific data and advice, that the fishing activities concerned will not have significant adverse impacts on the marine ecosystem. This assessment shall be conducted in accordance with this Regulation and the 2008 FAO Guidelines and shall be made publicly available. The Commission shall, in consultation with the Member State concerned and the scientific advisory body, review this assessment to ensure that all areas where vulnerable marine ecosystems are known or are likely to occur have been identified and that the proposed mitigation and management measures are sufficient to prevent significant adverse impacts on vulnerable marine ecosystems. [Am. 53]



2a.
   
Before …

 (*4)

, no fishing authorisation targeting deep-sea species, including in areas defined in point (b) of paragraph 1, shall be issued or renewed unless the Member State has assessed and documented, on the basis of the best available scientific advice, that the fishing activities concerned would not have significant adverse impacts on the marine ecosystem. That assessment shall be conducted in accordance with the 2008 FAO Guidelines, including as set out in Annex IIa, and shall be made publicly available. [Am. 54]



2b.
   
Member States shall apply the precautionary approach when carrying out their impact assessments. In areas where no impact assessment has been carried out or where an impact assessment has been carried out but not in accordance with the 2008 FAO Guidelines, the use of bottom gears shall be prohibited. [Am. 55]



2c.
   
No fishing authorisations under Article 4 shall be issued for areas where vulnerable marine ecosystems are known to occur or are likely to occur, unless the Commission determines, after consulting the scientific advisory body, that there is sufficient evidence that appropriate conservation and management measures have been adopted which ensure that significant adverse impacts on vulnerable marine ecosystems are prevented. [Am. 56]



2d.
   
New impact assessments shall be required if there are significant changes to the way in which existing fisheries with bottom gear are carried out, or to the applicable technology, or where there is new scientific information indicating the presence of vulnerable marine ecosystems in a given area. [Am. 57]



2e.
   
In addition to the requirements in Article 6, details of all catches of deep-sea species, whether retained or discarded, including species composition, weight and sizes, shall be reported. [Am. 58]

Article 8
Participation by vessels in deep-sea fishery data collection activities


Member States shall implement measures to ensure that all vessels that catch deep-sea species, whether or not in accordance with a fishing authorisation issued under Article 4, record all of their catches of such species and report them to the relevant competent authority. [Am. 59]

Member States shall include the necessary conditions in all fishing authorisations issued in accordance with Article 4 to ensure that the vessel concerned participates, in cooperation with the relevant scientific institute, in any data collection scheme whose scope would comprise the fishing activities for which authorisations are delivered.


Member States shall put in place the necessary systems to ensure that, wherever possible, the data collected is reported to the relevant competent authorities as it is generated, in order to reduce risks to vulnerable marine ecosystems, minimise by-catch, and allow better fishing management through ‘real-time monitoring’. [Am. 60]



The relevant data to be recorded and reported in accordance with this Article shall as a minimum include the weight and species composition of all deep-sea catches. [Am. 61]

Article 9
Expiry of fishing authorisations targeting deep-sea species for vessels using bottom trawls or bottom-set gillnets

Fishing authorisations referred to in Article 4(1) for vessels using bottom trawls or bottom-set gillnets shall expire at the latest two years after the entry into force of this Regulation. After that date, fishing authorisations targeting deep-sea species with those gears shall neither be issued nor renewed.

By …

 (*5)

the Commission shall evaluate the implementation of this Regulation in accordance with Article 21. The use of all types of fishing gear when targeting deep-sea species shall be evaluated with a particular emphasis on the impact on the most vulnerable species and on vulnerable marine ecosystems. If this evaluation shows that the deep-sea stocks listed in Annex I, excluding the species in Annex I subject to deferred application of point (c) of Article 4(2), are not exploited at maximum sustainable yield rates adequate for restoring and maintaining populations of deep-sea stocks above levels capable of producing maximum sustainable yield, and that vulnerable marine ecosystems are not protected from significant adverse impacts, by…

 (*6)

the Commission shall submit a proposal to amend this Regulation. This proposal shall ensure that fishing authorisations for vessels targeting deep-sea species, as referred to in Article 4, using bottom trawls or bottom-set gillnets shall expire and shall not be renewed and that any measures necessary regarding bottom gears, including longliners, are put in place to ensure the protection of the most vulnerable species. [Am. 62]

CHAPTER III
FISHING OPPORTUNITIES AND ACCOMPANYING MEASURES
Section 1
General provisions
Article 10
Principles
1.   Fishing opportunities shall be fixed at a rate of exploitation of the deep-sea species concerned that is consistent with

ensures that populations of deep-sea species are progressively restored and maintained above biomass levels capable of producing the
 maximum sustainable yield. 
This exploitation rate shall contribute to achieving and maintaining a good environmental status in the Union’s marine environment by 2020 and shall be based on the best scientific information available
. [Am. 63]

2.   Where, based on best scientific information available, it is not possible to identify exploitation rates consistent with maximum sustainable yield

paragraph 1
, the fishing opportunities shall be fixed as follows: [Am. 64]







(a)


where the best scientific information available identifies exploitation rates corresponding to the precautionary approach to fisheries management, the fishing opportunities for the relevant fishing management period may not be fixed higher than those rates;










(b)


where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries management due to lack of sufficient data concerning a certain stock or species, no

the
 fishing opportunities may be allocated for the fisheries concerned

for the relevant fishing management period shall not be fixed higher than the rates provided within the ICES approach for data limited stocks
. [Am. 65]







2a.
   
Where ICES has not been able to identify exploitation rates as referred to in points (a) or (b) of paragraph 2, including for data limited stocks or species, no fishing opportunities shall be allocated for the fisheries concerned. [Am. 66]



2b.
   
Fishing opportunities set for deep sea species shall take into account the probable composition of the catch in these fisheries and shall ensure the long term sustainability of all harvested species. [Am. 67]



2c.
   
When allocating the fishing opportunities available to them Member States shall comply with the criteria set out in Article 17 of Regulation (EU) No …/2013 [on the Common Fisheries Policy]. [Am. 68]



2d.
   
Management measures, including the fixing of fishing opportunities for target and by-catch species in mixed species fisheries, area and seasonal closures, and the use of selective gears, shall be designed and established to avoid, minimise and eliminate by- catch of deep-sea species and to ensure the long-term sustainability of all species adversely affected by the fishery. [Am. 69]



Article 10a




Conservation Measures




1.
   
Member States shall apply the precautionary and ecosystem approaches to their fisheries management and shall adopt measures to ensure the long-term conservation and sustainable management of deep-sea fish stocks and non-target species. Those measures shall aim to rebuild depleted stocks, to minimise, prevent and, where possible, to eliminate by-catch, to protect spawning aggregations and to ensure the adequate protection and prevention of significant adverse impacts on vulnerable marine ecosystems. Such measures may include real time, seasonal or permanent prohibitions of certain fishing activities or gears in certain areas




2.
   
This Regulation shall contribute to the implementation of Council Directive 92/43/EEC

 (16)

and Directive 2009/147/EC of the European Parliament and of the Council

 (17)

and to the achievement and maintenance of good environmental status by 2020 at the latest as set out in Directive 2008/56/EC of the European Parliament and of the Council

 (18)

, including in particular that all stocks of harvested species exhibit a population age and size distribution that is indicative of a healthy stock, and descriptors 1, 2, 3, 4, 6, 9, and 10. [Am. 70]



Article 10b




Obligation to land all catches




By way of derogation from Article 15 of Regulation (EU) No …/2013 [on the Common Fisheries Policy] all catches of fish and non-fish species, irrespective of whether they are subject to catch limits or not, made by a fishing vessel holding an authorisation to catch deep-sea species granted under Article 4(1) or 4(3) of this Regulation shall be brought and retained on board, recorded in the logbook and landed. The de minimis provisions shall not apply to such vessels. [Am. 71]

Section 2

Management by Fishing effort limits 
and accompanying measures [Am. 72]

Article 11


Fixing of
 fishing opportunities by means of fishing effort limits only
[Am. 73]

1.   The Council, acting in accordance with the Treaty, may decide to switch from the fixing of annual Fishing opportunities for 
the
 deep-sea species 
shall be
 in terms of both fishing effort limits and catch limits to the fixing of only fishing effort limits for specific fisheries

Total Allowable Catches (TACs)
. [Am. 74]



1a.
   
In addition to the TACs, fishing effort limits may be set. [Am. 75]



1b.
   
The fixing of fishing opportunities under paragraphs 1 and 1a shall comply with the objectives laid down in Article 16(4) of Regulation (EU) No …/2013 [on the Common Fisheries Policy]. [Am. 76]

2.   For the purposes of paragraph 1

1a
, the fishing effort levels for each deep-sea métier that shall be used as a baseline for any adjustments required in order to follow the principles set out in Article 10 shall be the fishing effort levels assessed, based on scientific information, as consistent with the catches made by the relevant deep-sea métiers during the previous two calendar years

2009-2011
.


For the assessment of the fishing effort levels referred to in the first subparagraph, the species in Annex I subject to the deferred application of point (c) of Article 4(2), as indicated in the fourth column of that Annex, shall only be taken into account from …

 (*7)
. [Am. 77]



2a.
   
Fishing effort limits for deep sea métiers shall take into account the probable composition of the catch in these fisheries and shall be set at a level capable of securing the long term sustainability of all harvested species. [Am. 78]

3.   Fishing effort limits fixed in accordance with paragraphs 1 and 2 shall indicate:






(a)


the specific deep-sea métier to which the fishing effort limit applies by reference to the regulated 
type and amount of
 gear, the species 
and specific stocks
 targeted
, the depth
 and the ICES zones or CECAF areas within which the allowed effort may be deployed; and
[Am. 79]











(b)


the fishing effort unit 
or combination of units
 to be used for management
; and [Am. 80]













(ba)






the methods and protocols for the monitoring and reporting of effort levels during a fishing management period.

[Am. 81]





Article 12
Accompanying measures
1.   Where annual fishing effort limits have replaced catch limits in accordance with Article 11(1), Member States shall maintain or put in place, in respect of their flagged vessels, the following accompanying measures: [Am. 82]







(a)


measures to avoid an increase of the overall catching

prevent or eliminate overfishing and excess fishing
 capacity of the vessels concerned by the effort limits. [Am. 83]











(b)


measures to avoid an increase in

prevent and minimise
 by-catches of

, particularly by-catches of the
 most vulnerable species; and [Am. 84]











(c)


conditions for effective discard prevention. Those conditions shall aim at

to avoid the catching of unwanted species in the first place and shall require the
 landing 
of
 all fish taken on board, unless this would be contrary to the rules in force under the Common Fisheries Policy 
or unless the species have a proven high long-term survival rate after discarding; [Am. 85]













(ca)






measures to prevent, deter and eliminate illegal, unregulated and unreported fishing in the deep-sea métier.

[Am. 86]





2.   The measures shall remain in force for as long as the need remains to prevent or mitigate the risks identified in paragraphs

paragraph
 1(a), (b) and (c). [Am. 87]



2a.
   
Member States shall, without delay, notify the Commission of the measures adopted in accordance with paragraph 1. [Am. 88]

3.   The Commission shall assess the effectiveness of the accompanying measures adopted by Member States upon their adoption
, and thereafter annually
. [Am. 89]

Article 13
Commission measures in case of absence or insufficiency of the accompanying measures adopted by the Member States
1.   The Commission shall be empowered to adopt delegated acts to specify measures accompanying annual effort limits as referred to in point (a), (b) or (c) of Article 12(1), and in accordance with Article 20:






(a)


if the Member State concerned does not notify to the Commission any measures adopted pursuant to Article 12 
by …

 (*8)
. [Am. 90]











(b)


if the measures adopted pursuant to Article 12 cease to be in force although the need remains to prevent or mitigate the risks identified in points (a), (b) and (c) of Article 12(1).




2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 20 to specify measures accompanying annual effort limits, as referred to in points (a), (b) and (c) of Article 12(1), if, on the basis of an assessment carried out pursuant to Article 12(3),






(a)


Member State measures are deemed not to be compatible with the objectives of this regulation; or










(b)


Member State measures are deemed insufficient in respect of the aims stated in points (a), (b) and (c) of Article 12(1).




3.   The accompanying measures adopted by the Commission shall aim at ensuring that the objectives and aims set out in this regulation are met. Upon the adoption of the delegated act by the Commission, any Member State measures adopted shall cease to to apply.


Article 13a




Specific Union Measures




With a view to preventing and minimising by-catches, particularly by-catches of the most vulnerable species, modifications to gear or real-time closures of areas with high by-catch rates may be decided. [Am. 91]

CHAPTER IV
CONTROL
Article 14
Application of the control provisions for multiannual plans
1.   This Regulation shall be construed as a ‘multiannual plan’ for the purposes of Regulation (EC) No 1224/2009

Regulation (EU) No …/2013 [on the Common Fisheries Policy]
. [Am. 92]

2.   Deep-sea species shall be regarded as the 'species

being ‘
subject to a multiannual plan’ and the ‘stocks subject to a multiannual plan’ for the purposes of Regulation (EC) No 1224/2009

Regulation (EU) No …/2013 [on the Common Fisheries Policy]
. [Am. 93]

Article 15
Designated ports


1.
   
Member States shall designate the ports in which any landing or transhipment of deep-sea species in excess of 100 kg is to take place. By …

 (*9)

, Member States shall transmit to the Commission the list of these designated ports. [Am. 94]



2.
   No quantity of any mixture of deep-sea species in excess of 100 kg may be landed at any place other than the ports which have been designated for landing deep-sea species

by Member States pursuant to paragraph 1
. [Am. 95]



3.
   
To improve coherence and coordination across the Union, the Commission shall establish measures for vessels, designated ports and relevant competent authorities regarding the inspection and surveillance procedures necessary for the landing or transhipment of deep-sea species and for recording and reporting landing or transhipment data, including, as a minimum, the weight and species composition.

[Am. 96]



4.
   
Vessels that land or tranship deep-sea species shall adhere to the terms and conditions for recording and reporting the weight and composition of deep-sea species landed or transhipped, and shall comply with all inspection and surveillance procedures relating to the landing or transhipping of deep-sea species.

[Am. 97]

Article 16
Prior notification

By way of derogation of Article 17 of Regulation (EC) No 1224/2009, The masters of all Union fishing vessels
, regardless of their length,
 intending to land 
or tranship
 100 kg or more of deep-sea species, whichever their length, shall be required to notify their flag Member State's

the
 competent authority 
of their flag Member State, as well as the port state authority,
 of that intention. 
The master or any other person responsible for the operation of vessels of 12 meters in length or more shall notify the competent authorities at least four hours before the estimated time of arrival at port, in accordance with Article 17 of Regulation (EC) No 1224/2009. This notwithstanding, small-scale fishing vessels without an electronic fishing logbook and artisanal vessels shall be exempted from the notification requirement. [Am. 98]

Article 17
Logbook entries in deep waters
Without prejudice to Articles 14 and 15 of Regulation (EC) No 1224/2009, masters of fishing vessels holding an authorisation in accordance with Article 4(1) or 4(3) of this Regulation shall, when engaged in a deep-sea métier or when fishing below 400 m:






(a)


draw a new line in the paper logbook after each haul; or,










(b)


when they are subject to the electronic recording and reporting system, record separately after each haul.




Article 18
Withdrawal of fishing authorisations
1.   Without prejudice to Article 7(4) of Regulation (EC) No 1224/2009, the fishing authorisations referred to in Article 4(1) and 4(3) of this Regulation shall be withdrawn for a duration of at least one year in 
any of
 the following cases: [Am. 99]







(a)


failure to conform to the conditions set in the fishing authorisation with regard to limits on the use of gears, allowed areas of operation or, as appropriate, catch or

and
 effort limits on the species whose targeting is allowed; or
[Am. 100]











(b)


failure to take on board a scientific observer or to allow sampling of catches for scientific purposes as specified in Article 19;












(ba)






failure to collect, record and report data in accordance with Article 8;

[Am. 101]













(bb)






failure to comply with the requirements of the Common Fisheries Policy;

[Am. 102]













(bc)






any of the cases specified in Council Regulation (EC) No 1005/2008

 (19)

, particularly under the provisions of Chapters VII-IX. [Am. 103]






2.   Paragraph 1 shall not apply if the failures referred to therein have been caused by force majeure.
[Am. 104]

CHAPTER V
DATA COLLECTION 
AND COMPLIANCE [Am. 105]

Article 19
Rules on data collection and reporting
1.   Member States shall collect data on each deep-sea métier in accordance with the rules on data collection and the precision levels laid down in the multiannual Community programme for collection, management and use of biological, technical, environmental, and socio-economic data adopted in accordance with Council Regulation (EC) No 199/2008 (20) and in other measures adopted under that Regulation. 
Member States shall ensure that the necessary systems are in place to facilitate the reporting of catches of target and by-catch species, and the reporting of evidence of any encounters with vulnerable marine ecosystems. Such reporting shall wherever possible be in real-time. [Am. 106]



1a.
   
Member States shall establish a programme for observer coverage to ensure the collection of relevant, timely and accurate data on the catch and by-catch of deep-sea species, encounters with vulnerable marine ecosystems and other relevant information for the effective implementation of this Regulation. Vessels using bottom trawls or bottom-set gillnets with a fishing authorisation to target deep-sea species shall be subject to 100 % observer coverage. All other vessels with an authorisation to catch deep-sea species shall be subject to 10 % observer coverage. [Am. 107]

2.   The master of a vessel, or any other person responsible for the vessel's operation, shall be required to take on board the scientific observer whom the Member State has assigned for his

their
 vessel, unless this is not possible for security reasons

in accordance with the conditions specified in paragraph 4
. The master shall facilitate the discharging of the scientific observer's tasks. [Am. 108]

3.   The scientific observers shall:






(a)




be qualified to
 carry out their recurrent data collection tasks, as set out in paragraph 1

duties and tasks as scientific observers, including the ability to identify species found in deep-sea ecosystems; [Am. 109]













(aa)






record independently, in the same format as that used in the vessel's logbook, the catch information prescribed in Regulation (EC) No 1224/2009; [Am. 110]













(ab)






record any instances of alteration of the fishing plan referred to in Article 7;

[Am. 111]













(ac)






document any unforeseen encounters with vulnerable marine ecosystems including the gathering of information that may be of use in relation to the protection of the area;

[Am. 112]













(ad)






record depths at which gear is deployed;

[Am. 113]













(ae)






present a report to the competent authorities of the flag Member State concerned within 20 days following the termination of the observation period, a copy of which shall be sent by those authorities to the Commission, within 30 days following receipt of the Commission's written request;

[Am. 114]











(b)


identify and document the weight of any stony coral, soft coral, sponges or other organisms belonging to the same ecosystem taken on board by the vessel's gear.






3a.
   
It shall be prohibited for scientific observers to be any of the following:










(i)






a relative of the master of the vessel or other officer serving on the vessel to which the observer is assigned;














(ii)






an employee of the master of the vessel to which they are assigned;














(iii)






an employee of the master's representative;














(iv)






an employee of a company controlled by the master or their representative;














(v)






a relative of the master's representative.

[Am. 115]





4.   In addition to their obligations referred to in paragraph 1, Member States shall be subject to the specific data collection and reporting requirements set out in Annex II for the deep sea métier.


4a.
   
Data collection may enable the creation of partnerships between scientists and fishermen and contribute to the area of research regarding the marine environment, biotechnology, food sciences, processing and the economy. [Am. 116]

5.   Data collected in relation to the deep-sea métier, including all data collected in accordance with Annex II to this Regulation, shall be treated in accordance with the data management process as laid down in chapter III of Regulation (EC) No 199/2008.
6.   Upon a request from the Commission, Member States shall submit monthly reports on of effort deployed and/or catches broken down by métier. 
These reports shall be made publicly available. [Am. 117]



CHAPTER Va




FINANCIAL ASSISTANCE [Am. 118]



Article 19a




Financial Assistance for changing of fishing gear




1.
   
Fishing vessels using bottom trawls or bottom-set gillnets in the deep-sea métier shall be eligible to receive financial assistance from the European Maritime and Fisheries Fund for the changing of fishing gears and related vessel modifications, and for necessary know-how and training, provided that the new gear has demonstrably better size and species selectivity, a lower and limited impact on the marine environment and vulnerable marine ecosystems and does not increase the fishing capacity of the vessel, as assessed by the Commission, after consulting the appropriate independent scientific body.




2.
   
Fishing vessels shall be eligible to receive financial assistance from the European Maritime and Fisheries Fund for the purpose of minimising and, where possible, eliminating unwanted catches of deep-sea species, particularly those that are most vulnerable.




3.
   
Support shall not be granted more than once for the same Union fishing vessel .




4.
   
Access to financial assistance from the European Maritime and Fisheries Fund shall be conditional upon full compliance with this Regulation, the Common Fisheries Policy and Union environmental law.

[Am. 119]

CHAPTER VI
DELEGATED ACTS
Article 20
Exercise of delegated powers
1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2.   The power to adopt delegated acts as referred to in 
Article 3b(2) and
 Article 13 shall be conferred on the Commission for an indeterminate period of time

a period of three years from …

 (*10)

. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the three year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council oppose such extension no later than three months before the end of each period
. [Am. 120]

3.   The delegation of power referred to in 
Article 3b(2) and
 Article 13 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5.   A delegated act adopted pursuant to 
Article 3b(2) and
 Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
CHAPTER VII
EVALUATION AND FINAL PROVISIONS
Article 21
Evaluation
1.   Within six years from the entry into force of this Regulation

By …

 (*11), the Commission shall, on the basis of Member States' reports and scientific advice that it shall request to this effect, evaluate the impact of the measures laid down in this Regulation and determine to what extent the objectives referred to in Article 1(a) and (b) have been achieved. [Am. 121]

2.   The evaluation shall focus on trends in the following subjects:






(a)


the vessels that have changed to using gears with a reduced impact on the sea bottom, and the development of their discard levels

progress as regards the prevention, minimisation and, where possible, on the elimination of unwanted catches
; [Am. 122]











(b)


the range of operation of vessels engaging in each deep-sea métier;










(c)


the completeness and reliability of data that Member States provide to scientific bodies for the purpose of stock assessment, or to the Commission in case of specific data calls;










(d)


the deep-sea stocks for which the scientific advice has improved;










(e)



the fisheries that are managed according to fishing effort limits only, and the effectiveness of accompanying measures to eliminate discards and reduce catches of most vulnerable species; [Am. 123]













(ea)






the quality of the impact assessments carried out pursuant to Article 7;

[Am. 124]













(eb)






the number of vessels and ports in the Union directly affected by the implementation of this Regulation;

[Am. 125]













(ec)






the effectiveness of measures established to ensure the long-term sustainability of deep-sea fish stocks and to prevent by-catch of non-target species, in particular by-catch of the most vulnerable species;

[Am. 126]













(ed)






the extent to which vulnerable marine ecosystems have been effectively protected through the restriction of authorised fishing activities to existing deep-sea fishing areas, area closures, the move-on rule and/or by other measures;

[Am. 127]













(ee)






the application of the 600 meter depth limitation.

[Am. 128]







2a.
   
Based on the evaluation referred to in paragraphs 1 and 2, the Commission shall by…

 (*12)

make proposals for the amendment of this Regulation, as appropriate. [Am. 129]

Article 22
Transitional measures
Special fishing authorisations issued in accordance with Regulation (EC) No 2347/2002 shall remain valid until their replacement by fishing authorisations allowing the catch of deep-sea species issued in accordance with this Regulation, but shall in any case no longer be valid after 30 September 2012 … (*13). [Am. 130]

Article 23
Repeal
1.   Regulation (EC) No 2347/2002 is repealed.
2.   References to the repealed Regulation shall be construed as references to this Regulation in accordance with the correlation table set out in Annex III.
Article 24
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at


For the European Parliament


The President


[…]




For the Council


The President


[…]





(1)  OJ C 133, 9.5.2013, p. 41.

(2)  Position of the European Parliament of 10 December 2013.

(3)  Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, p. 59).

(4)  Council Regulation (EC) No 2347/2002 of 16 december 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (OJ L 351, 28.12.2002, p. 6).

(5)  
Regulation (EU) No …/2013 of the European Parliament and of the Council of … on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L …).



(6)  
OJ L 347, 24.12.2009, p. 6.


(7)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (OJ L 343, 22.12.2009, p. 1).

(8)  Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (OJ L 227, 12.8.1981, p. 21).

(9)  Council Regulation (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (OJ L 201, 30.7.2008, p. 8).

(10)  Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).

(11)  Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).

(12)  
Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).



(13)  
Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).



(14)  
Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).



(15)  
Council Decision 2005/370/EC of 17 February 2005 (OJ L 124, 17.5.2005, p. 1).



(*1)  
Date of entry into force of this Regulation.



(*2)  
Five years after the entry into force of this Regulation.



(*3)  
One year after the entry into force of this Regulation.



(*4)  
Two years after the entry into force of this Regulation.



(*5)  
Four years after the entry into force of this Regulation.



(*6)  
Five years after the entry into force of this Regulation.



(16)  
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).



(17)  
Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).



(18)  
Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).



(*7)  
Five years after the entry into force of this Regulation.



(*8)  Three months after the entry into force of this Regulation.

(*9)  
60 days after the entry into force of this Regulation.



(19)  
Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (OJ L 286, 29.10.2008, p. 1).



(20)  Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy (OJ L 60, 5.3.2008, p. 1).

(*10)  
Date of entry into force of this Regulation.



(*11)  
Four years from the entry into force of this Regulation.



(*12)  
Five years after the date of entry into force of this Regulation.



(*13)  
One year after the date of entry into force of this Regulation.



Annex I
Section 1: Deep-sea species








Scientific name


Common name


Most vulnerable (x)




Deferred Application of point (c) of Article 4(2)







Centrophorus granulosus



Gulper shark


x


 





Centrophorus squamosus



Leafscale gulper shark


x


 





Centroscyllium fabricii



Black dogfish


x


 





Centroscymnus coelolepis



Portuguese dogfish


x


 





Centroscymnus crepidater



Longnose velvet dogfish


x


 





Dalatias licha



Kitefin shark


x


 





Etmopterus princeps



Greater lanternshark


x


 





Apristuris spp



Iceland catchark


 


 





Chlamydoselachus anguineus



Frilled shark


 


 





Deania calcea



Birdbeak dogfish


 


 





Galeus melastomus



Blackmouth dogfish


 


 





Galeus murinus



Mouse catshark


 


 





Hexanchus griseus



Bluntnose six-gilled shark


x


 





Etmopterus spinax



Velvet belly


 


 





Oxynotus paradoxus



Sailfin roughshark (Sharpback shark)


 


 





Scymnodon ringens



Knifetooth dogfish


 


 





Somniosus microcephalus



Greenland shark


 


 





Alepocephalidae



Smoothheads (Slickheads)


 


 





Alepocephalus Bairdii



Baird's smoothhead


 


 





Alepocephalus rostratus



Risso's smoothhead


 


 





Aphanopus carbo



Black scabbardfish


 


 





Argentina silus



Greater silver smelt


 


 





Beryx spp.



Alfonsinos


 


 





Chaceon (Geryon) affinis



Deep-water red crab


 




x







Chimaera monstrosa



Rabbit fish (rattail)


 




x







Hydrolagus mirabilis



Large-eyed rabbitfish (Ratfish)


 




x







Rhinochimaera atlantica



Straightnose rabbitfish


 




x







Coryphaenoides rupestris



Roundnose grenadier


 


 





Epigonus telescopus



Black cardinalfish


x


 





Helicolenus dactilopterus



Bluemouth (Bluemouth redfish)


 


 





Hoplostethus atlanticus



Orange roughy


x


 





Macrourus berglax



Roughhead grenadier (Rough rattail)


 


 





Molva dypterigia



Blue ling


 


 





Mora moro



Common mora


 




x







Antimora rostrata



Blue antimora (Blue hake)


 




x







Pagellus bogaraveo



Red (blackspot) seabream


 


 





Phycis blennoides



Greater Forkbeard


 


 





Polyprion americanus



Wreckfish


 


 





Reinhardtius hippoglossoides



Greenland halibut


 


 





Cataetyx laticeps



 


 




x







Hoplosthetus mediterraneus



Silver roughy (Pink)


 




x







Macrouridae







 


other than Coryphaenoides rupestris and Macrourus berglax






Grenadiers (rattails)






 


other than roundnose grenadier and roughhead grenadier






 


 





Nesiarchus nasutus



Black gemfish


 


 





Notocanthus chemnitzii



Snubnosed spiny eel


 


 





Raja fyllae



Round skate


 




x







Raja hyperborea



Arctic skate


 


 





Raja nidarosiensus



Norwegian skate


 


 





Trachyscorpia cristulata



Spiny (deep-sea) scorpionfish


 


 




Section 2: Species regulated in NEAFC in addition









Brosme brosme





Tusk



 






Conger conger





Conger eel



 





Lepidopus caudatus



Silver scabbard fish (Cutless fish)




x







Lycodes esmarkii



Greater Eelpout


 






Molva molva





Ling



 





Sebastes viviparus



Small redfish (Norway haddock)


 





[Am. 131]



Annex II
Specific data collection and reporting requirements referred to in Article 18(4)






1.


Member States shall ensure that data collected for an area that comprises both Union waters and international waters shall be further disaggregated so that they refer either to Union waters or international waters separately.










2.


Where the activity in the deep-sea métier overlaps with activity in another métier in the same area, the data collection concerning the former shall be done separately from the data collection concerning the latter.










3.


Discards shall be sampled in all deep-sea métiers. The sampling strategy for landings and discards shall cover all the species listed in Annex I as well as species belonging to the seabed ecosystem such as deep-water corals, sponges or other organisms belonging to the same ecosystem .










4.


Where the applicable multiannual data collection plan requires the collection of fishing effort data in terms of hours fished by trawls and soak time for passive gear, the Member State shall collect and be ready to present, together with such fishing effort data, the following additional data:






(a)


geographical location of the fishing activities on a haul-by-haul basis, from vessel monitoring system data transmitted by the vessel to the fisheries monitoring centre;










(b)


the fishing depths at which the gears are deployed in case the vessel is subject to reporting by electronic logbook. The master of the vessel shall notify fishing depth following the standardised reporting format.
















4a.






The Commission shall ensure that data is collected in a timely manner, in a way that is harmonised in all Member States, and that it is accurate, reliable and comprehensive. [Am. 132]













4b.






The Commission shall ensure safe storage of collected data, making it publicly available, save in exceptional circumstances where appropriate protection and confidentiality are required and where the reasons for such restrictions are declared. [Am. 133]









Annex IIa




Impact assessments referred to in Article 7(2)




The impact assessments to establish the deep-sea fishing activities referred to in Article 7(2) shall address, inter alia:










1.






the type(s) of fishing conducted, including vessels and gear types, fishing areas and the depth range at which the activities will be deployed, individual species targeted and potential by-catch species, fishing effort levels and the duration of fishing;














2.






best available scientific information on the current state of fish stocks and baseline information on the ecosystems and habitats in the fishing area, against which future changes are to be compared;














3.






identification, description and mapping of vulnerable marine ecosystems known or likely to occur in the fishing area;














4.






data and methods used to identify, describe and assess the impact of the activity, the identification of gaps in knowledge, and an evaluation of uncertainties in the information presented in the assessment;














5.






the identification, description and evaluation of the occurrence, scale and duration of likely impact by the fishing operations, including cumulative impact of fishing activities, particularly on vulnerable marine ecosystems and low-productivity fishery resources in the fishing area;














6.






the proposed mitigation and management measures to be used to prevent significant adverse impacts on vulnerable marine ecosystems and ensure long-term conservation and sustainable management of low-productivity fishery resources, and the measures to be used to monitor effects of the fishing operations. [Am. 134]