P7_TA(2013)0591 Amending certain regulations in the field of fisheries and animal health by reason of the change of status of Mayotte ***I European Parliament legislative resolution of 12 December 2013 on the proposal for a regulation of the European Parliament and of the Council amending certain Regulations in the field of fisheries and animal health by reason of the change of status of Mayotte with regard to the Union (COM(2013)0417 — C7-0175/2013 — 2013/0191(COD)) P7_TC1-COD(2013)0191 Position of the European Parliament adopted at first reading on 12 December 2013 with a view to the adoption of Regulation (EU) No …/2013 of the European Parliament and of the Council amending certain Regulations in the field of fisheries and animal health by reason of the change of status of Mayotte with regard to the Union
Date: 2013-12-12
Institutions: Committee on Fisheries, Committee on Legal Affairs, Committee on Regional Development, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: France, Mayotte, animal health, conservation of fish stocks, derogation from EU law, fishery product, fishing controls, fishing rights, ordinary legislative procedure, peripheral region








C_2016468EN.01041701.xml










15.12.2016   


EN


Official Journal of the European Union


C 468/417





P7_TA(2013)0591
Amending certain regulations in the field of fisheries and animal health by reason of the change of status of Mayotte ***I
European Parliament legislative resolution of 12 December 2013 on the proposal for a regulation of the European Parliament and of the Council amending certain Regulations in the field of fisheries and animal health by reason of the change of status of Mayotte with regard to the Union (COM(2013)0417 — C7-0175/2013 — 2013/0191(COD))
(Ordinary legislative procedure: first reading)
(2016/C 468/85)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2013)0417),










—


having regard to Article 294(2) and Articles 43(2) and 168(4) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0175/2013),










—


having regard to Articles 349 and 355(1) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,










—


having regard to the Council letter of 10 October 2013 (1),










—


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 18 September 2013 (2),










—


having regard to Rules 55 and 37 of its Rules of Procedure,










—


having regard to the report of the Committee on Fisheries and the opinion of the Committee on Regional Development (A7-0425/2013),










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)  Item 4 of the Minutes of 21 October 2013 (P7_PV(2013)10-21).

(2)  OJ C 341, 21.11.2013, p. 97.


P7_TC1-COD(2013)0191
Position of the European Parliament adopted at first reading on 12 December 2013 with a view to the adoption of Regulation (EU) No …/2013 of the European Parliament and of the Council amending certain Regulations in the field of fisheries and animal health by reason of the change of status of Mayotte with regard to the Union
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), and Article 168(4)(b) 
and Article 349
 thereof, [Am. 1]

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)


By Decision 2012/419/EU (3), the European Council amended the status of Mayotte with regard to the Union with effect from 1 January 2014. Therefore, from that date Mayotte will cease to be an overseas territory to

and
 become an outermost region within the meaning of Articles 349 and 355(1) 
of the Treaty on the Functioning of the European Union (
TFEU). 
Following this change in Mayotte's legal status,
 Union law will apply to Mayotte from 1 January 2014. It is appropriate to provide for certain specific measures justified by the particular 
structural, social and economic
 situation of Mayotte in a number of areas

which is compounded by its remoteness, insularity, small size, difficult topography and climate
. [Am. 2]











(2)


In the field of fisheries and animal health, the following Regulations should be amended.










(3)


As regards Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (4), the waters around Mayotte should be included within the scope of that Regulation and the use of purse-seines on tuna and tuna-like schools of fish inside the area within 24 
nautical
 miles from the baselines of the island should be prohibited in order to preserve the shoals of large migratory fish in the vicinity of the island of Mayotte. [Am. not concerning all languages]











(4)


As regards Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (5), in view of the very fragmented and under-developed marketing schemes of Mayotte, the application of the rules on the labelling of fishery products would impose on retailers a burden that is disproportionate to the information that will be transmitted to the consumer. It is therefore appropriate to provide for a temporary derogation from the rules concerning the labelling of fishery products offered for retail sale to the final consumer in Mayotte.










(5)


As regards Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (6), specific measures should be introduced with respect to the fleet register and the access regime.










(6)


First, an important part of the fleet flying the flag of France and operating from the French Department of Mayotte is composed by vessels of less than 9

10
 meters which are dispersed around the island, have no specific landing sites and still need to be identified, measured and equipped with minimum safety implements in order to be included in the register of Union fishing vessels; as a consequence, France will not be able to complete this register until 31 December 2016

2020
. France should, however, install a provisional fleet register guaranteeing minimum identification of the vessels of this segment in order to avoid proliferation of informal fishing vessels. [Am. 4]











(7)


Second, it is necessary for the protection of the sensitive 
ecological and
 biological situation of the waters around Mayotte and the preservation of the local economy of that island, having regard to its structural, social and economic situation, to limit certain fishing activities in those waters to vessels registered in the ports of that island. [Am. 5]











(8)


As regards Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions (7), a particular feature of Mayotte is that no objective has been set for its fleet under Regulation (EC) No 2371/2002 which refers to the Multiannual Guidance Programme 1997-2002. From the point of view of conservation of fish resources, it is appropriate to freeze the fishing capacity of the fleets at current levels, especially for the segment of large vessels with a great fishing capacity. However, for smaller vessels, in view of the fact that France presented to the Indian Ocean Tuna Commission (IOTC) a development plan indicating the expected evolution of the fleet based in Mayotte, to which no IOTC contracting party, including the Union, has objected, it is appropriate, 
due to the current specific social and economic circumstances of Mayotte,
 to use the objectives of that plan as reference levels for the capacity of the fleet registered in the ports of Mayotte and to allow France to increase its fleet up to the objectives of its development plan. [Am. 6]











(9)


As regards Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (8), it should be noted that Mayotte has no industrial capacity for the processing of animal by-products. It is therefore appropriate to allow France a period of five years in order to establish the infrastructure necessary for the identification, handling, transport, treatment and disposal of animal by-products in Mayotte in full compliance with Regulation (EC) No 1069/2009.










(10)


As regards 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, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (9), it appears that France will not be in a position to comply with all Union control obligations for the segment ‘Mayotte. Pelagic and demersal species. Length < 9m

10m
’ of the fleet of Mayotte by the date on which Mayotte becomes an outermost region. The vessels of that segment, dispersed around the island, have no specific landing sites and still need to be identified. In addition, it is necessary to train fishermen and controllers and to set up the appropriate administrative and physical infrastructure. It is therefore necessary to provide for a temporary derogation from certain rules concerning the control of fishing vessels and their characteristics, their activities at sea, their gear and their catches at all stages from the vessel to the market in respect of that segment of the fleet. However, in order to attain at least some of the most important objectives of Regulation (EC) No 1224/2009, France should establish a national control system allowing it to control and monitor the activities of that segment of the fleet and to comply with the international reporting obligations of the Union. [Am. 7]











(11)


Regulations (EC) No 850/98, (EC) No 104/2000, (EC) No 2371/2002, (EC) No 639/2004, (EC) No 1069/2009 and (EC) No 1224/2009 should therefore be amended accordingly,




HAVE ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 850/98
Regulation (EC) No 850/98 is amended as follows:






(1)


In Article 2(1), point (h) is replaced by the following:






‘(h)


Region 8:
All waters off the coasts of the French departments of Réunion and Mayotte that come under the sovereignty or jurisdiction of France.’;
















(1a)






In Article 2, the following paragraph is inserted:




‘3a.
   
The “Marine Natural Park of Mayotte” shall mean the entire exclusive economic zone (EEZ) of Mayotte (68 381 km2). The land area of the park shall extend to the upper foreshore, which marks the boundary of the maritime public domain.’. [Am. 8]











(2)


The following article is inserted after Article 34:
‘Article 34a
Restrictions on fishing activities in the 24-mile zone around the island of Mayotte
Vessels shall be prohibited from using any purse-seine on tuna and tuna-like schools of fish inside the areas within 24 
nautical
 miles of the coasts of the island of Mayotte, measured from the baselines from which territorial waters are measured. [Am. not concerning all languages]



Fishing under drifting fish aggregating devices (FADs) and under large marine mammals and whale sharks (natural FADs) shall be prohibited in the whole of the Mayotte Marine Natural Park.’ [Am. 10]





Article 2
Amendment to Regulation (EC) No 104/2000
In Article 4 of Regulation (EC) No 104/2000, the following paragraph is inserted after paragraph 3:

‘3a.   Until 16

31
 December 2016

2021
, paragraphs 1, 2 and 3 shall not apply to products offered for retail sale to the final consumer in Mayotte.’[Am. 11]


Article 3
Amendments to Regulation (EC) No 2371/2002
Regulation (EC) No 2371/2002 is amended as follows:






(1)


In Article 15, the following paragraphs are added:
‘5.   By way of derogation from paragraph 1, France shall be exempted until 31 December 2016

2021
 from the obligation to include in its register of Union fishing vessels those vessels which are less than 9

10
 meters in overall length and operate from Mayotte. [Am. 12]

6.   Until 31 December 2016

2021
, France shall keep a provisional register of fishing vessels which are less than 9

10
 meters in overall length and operate from Mayotte. That register shall contain, for each vessel, at least its name, its overall length and an identification code.’[Am. 13]











(2)


The following article is inserted after Article 18:
‘Article 18a
Mayotte
By way of derogation from Article 17, in the waters up to 100 nautical miles from the baselines of Mayotte 
and in the whole of the Mayotte Marine Natural Park
, France may 
adopt the conservation measures considered necessary for the preservation of the natural resources protected by the legislation establishing that park, including measures to
 restrict fishing to fishing vessels registered in the ports of Mayotte, either in the register of Union vessels or in the provisional register referred to in Article 15(6), except for Union vessels that, within the two years preceding 1 January 2014, fished in those waters for at least 40 days insofar as they do not exceed the fishing effort traditionally exerted.’[Am. 14]





Article 4
Amendment to Regulation (EC) No 639/2004
In Regulation (EC) No 639/2004, the following article is inserted after Article 1:

‘Article 1a
Fleet of Mayotte
1.   By way of derogation from Article 1(1)(a), the reference levels for fishing vessels registered in the ports of Mayotte, either in the register of Union vessels or in the provisional register referred to in Article 15(6) of Regulation (EC) No 2371/2002, shall be the capacity of that fleet at 31 December 2013.
However, for fishing vessels which are between 8 and 12 meters in overall length and use longlines and fishing vessels which are less than 9

10
 meters in overall length, the reference level shall be the capacity foreseen in the development plan presented by France to the Indian Ocean Tuna Commission on 7 January 2011. [Am. 15]

2.   By way of derogation from Article 13 of Regulation (EC) No 2371/2002, France shall be authorised to introduce new capacity in the fleet segments defined for fishing vessels which are between 8 and 12 meters in overall length and use longlines and fishing vessels which are less than 9

10
 meters in overall length without the withdrawal of an equivalent capacity.’[Am. 16]


Article 5
Amendment to Regulation (EC) No 1069/2009
In Regulation (EC) No 1069/2009, Article 56 is replaced by the following:

‘Article 56
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.
It shall apply from 4 March 2011.
However, Article 4 shall apply to Mayotte from 1 January 2019

2021
. Animal by-products and derived products generated in Mayotte before 1 January 2019

2021
 shall be disposed of in accordance with Article 19(1)(b). [Am. 17]

This Regulation shall be binding in its entirety and directly applicable in all Member States.’

Article 6
Amendment to Regulation (EC) No 1224/2009
In Regulation (EC) No 1224/2009, the following article is inserted after Article 2:

‘Article 2a
Application of the Community control system to certain segments of the fleet of the French overseas department

the outermost region
 of Mayotte [Am. 18]

1.   Until 31 December 2016

2021
, Article 5(3) and Articles 6, 8, 41, 56, 58 to 62, 66, 68 and 109 shall not apply to France in respect of fishing vessels which are less than 9 
10
 meters in overall length and operate from Mayotte, their activities and their catch. [Am. 19]

2.   By 1 January 2014

2015
, France shall establish a national scheme of control applicable to fishing vessels which are less than 9

10
 meters in overall length and operate from Mayotte. That scheme shall comply with the following requirements: [Am. 20]







(a)


a single authority, located in Mayotte, shall coordinate the control activities of all local authorities;










(b)


control, inspection and enforcement shall be carried out on a non-discriminatory basis;










(c)


the scheme shall ensure the control of catches of species subject to management under the Indian Ocean Tuna Commission and of species subject to protection;










(d)


the scheme shall ensure the control of access to waters around Mayotte, in particular to areas subject to access restrictions applicable to certain segments of the fleet;










(e)


the scheme shall set as a priority the objective of mapping fishing activities around the island with a view to prepare the grounds for targeted action in terms of control.




3.   By 30 September 2014

2015
 France shall present to the Commission an action plan setting out the measures to be taken in order to ensure the full implementation of Regulation (EC) No 1224/2009 from 1 January 2017

2018
 concerning fishing vessels which are less than 9

10
 meters in overall length and operate from the French department

outermost region
 of Mayotte. The action plan shall be the subject of a dialogue between France and the Commission. France shall take all necessary measures to implement that action plan.’[Am. 21]


Article 7
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


1 January 2014
. [Am. 22]


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 341, 21.11.2013, p. 97.

(2)  Position of the European Parliament of 12 December 2013.

(3)  OJ L 204, 31.7.2012, p. 131.

(4)  OJ L 125, 27.4.1998, p. 1.

(5)  OJ L 17, 21.1.2000, p. 22.

(6)  OJ L 320, 5.12.2001, p. 7.

(7)  OJ L 102, 7.4.2004, p. 9.

(8)  OJ L 300, 14.11.2009, p. 1.

(9)  OJ L 343, 22.12.2009, p. 1.