Amendments adopted by the European Parliament on 19 January 2016 on the proposal for a regulation of the European Parliament and of the Council on a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and the Mediterranean repealing Regulation (EC) No 302/2009 (COM(2015)0180 — C8-0118/2015 — 2015/0096(COD))
Date: 2016-01-19
Institutions: Committee on Fisheries, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: Atlantic Ocean, Mediterranean Sea, catch quota, conservation of fish stocks, fishing controls, sea fish




C_2018011EN.01013201.xml










12.1.2018   


EN


Official Journal of the European Union


C 11/132





P8_TA(2016)0003
Multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean ***I
Amendments adopted by the European Parliament on 19 January 2016 on the proposal for a regulation of the European Parliament and of the Council on a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and the Mediterranean repealing Regulation (EC) No 302/2009 (COM(2015)0180 — C8-0118/2015 — 2015/0096(COD)) (1)

(Ordinary legislative procedure: first reading)
(2018/C 011/17)

Amendment 1


Proposal for a regulation


Recital 3 a (new)








Text proposed by the Commission




Amendment





 










(3a)






The Recovery plan takes into account the specificities of the different types of gears. When implementing the recovery plan, the Union and Member States should pay particular attention to non-industrial fishing activities and to the most artisanal and sustainable gear types, such as traditional traps (‘almadrabas’, ‘tonnare’), which contribute very positively to the rebuilding of tuna stocks, due to their high level of selectivity and low environmental impact in marine ecosystems, and which are valuable in scientific terms.











Amendment 2


Proposal for a regulation


Recital 14








Text proposed by the Commission




Amendment











(14)


All the amendments to the Recovery plan adopted by ICCAT in 2012, 2013 and 2014, which have not been subject to transposition yet, should be 
integrated
 into Union law. As this transposition concerns a plan whose objectives and measures were defined by ICCAT, this Regulation does not cover all the content of multiannual plans as set out under Articles 9 and 10 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1).












(14)


All the amendments to the Recovery plan adopted by ICCAT in 
2006,
 2012, 2013 and 2014, which have not been subject to transposition yet, should be 
transposed
 into Union law. As this transposition concerns a plan whose objectives and measures were defined by ICCAT, this Regulation does not cover all the content of multiannual plans as set out under Articles 9 and 10 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1).









Amendment 3


Proposal for a regulation


Recital 15








Text proposed by the Commission




Amendment













(15)






It is necessary to transpose into Union law future binding amendments of the Recovery plan. In order to swiftly incorporate into Union law such amendments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the European Commission (the ‘Commission’). It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. 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 Council.










deleted







Amendment 4


Proposal for a regulation


Recital 15 a (new)








Text proposed by the Commission




Amendment





 










(15a)






Regulation (EU) No 1380/2013 establishes the concept of minimum conservation reference sizes. In order to ensure consistency, the ICCAT concept of minimum sizes should be transposed into Union law as minimum conservation reference sizes. Consequently, the references in Commission Delegated Regulation (EU) 2015/98

 (1a)

to minimum sizes of bluefin tuna should be read as references to minimum conservation reference sizes in this Regulation.











Amendment 5


Proposal for a regulation


Recital 17








Text proposed by the Commission




Amendment













(17)






The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to transfer operations, caging operations and recording and reporting of trap and vessel activities, imperative grounds of urgency so require.










deleted







Amendment 6


Proposal for a regulation


Recital 24








Text proposed by the Commission




Amendment











(24)




Article 15(1) of Regulation (EU) No 1380/2013 introduced a landing obligation which applies as of 1 January 2015 to Bluefin tuna. However, under Article 15(2) of that Regulation, the landing obligation is without prejudice to the Union's international obligations, such as those resulting from ICCAT Recommendations. Under that same provision the Commission is empowered to adopt delegated acts, for the purpose of implementing such international obligations into Union law, including, in particular, derogations from the landing obligation. Accordingly, the discard of bluefin tuna will be allowed in some situations laid down in Commission Delegated Regulation (EU) No 2015/98 of 18 November 2014. This Regulation does therefore not need to cover such discard obligations,














(24)




Delegated Regulation (EU) 2015/98 provides for derogations from the landing obligation of bluefin tuna set out in Article 15 of Regulation (EU) No 1380/2013 for the purpose of Union compliance with its international obligations under the Convention. It implements certain provisions of ICCAT Recommendation 13-07 that establish a discard and release obligation for vessels and traps catching bluefin tuna in the Eastern Atlantic and the Mediterranean in certain situations. This Regulation therefore does not need to cover such discard and release obligations and will consequently be without prejudice to the corresponding provisions laid down in Delegated Regulation (EU) 2015/98,











Amendment 7


Proposal for a regulation


Article 1 — paragraph 1








Text proposed by the Commission




Amendment





1.   This Regulation lays down the general rules for the application by the Union of the Recovery plan as defined in Article 3(1).


1.   This Regulation lays down the general rules for the application by the Union of the Recovery plan as defined in Article 3(1)
, taking into account the specific features of the various types of fishing gear and paying particular attention to traditional, more sustainable and artisanal gear, such as traps
.





Amendment 8


Proposal for a regulation


Article 3 — point 16








Text proposed by the Commission




Amendment













(16)





‘farming capacity’ means the capacity of a farm to hold fish for fattening and farming purposes in tonnes";









deleted







Amendment 9


Proposal for a regulation


Article 5 — paragraph 1








Text proposed by the Commission




Amendment





1.   Each Member State shall take the necessary measures to ensure that the fishing 
activities
 of its catching vessels and its traps are commensurate with the fishing opportunities on Bluefin tuna available to that Member State in the eastern Atlantic and Mediterranean.


1.   Each Member State shall take the necessary measures to ensure that the fishing 
effort
 of its catching vessels and its traps are commensurate with the fishing opportunities on Bluefin tuna available to that Member State in the eastern Atlantic and Mediterranean
, and to safeguard the socio-economic viability of its traps
.





Amendment 10


Proposal for a regulation


Article 7 — paragraph 1 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




The annual fishing plan submitted by each Member State shall provide for an even breakdown of quotas among the gear groups in order to help ensure compliance with individual quotas and by-catch allowances.







Amendment 11


Proposal for a regulation


Article 7 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
Member States shall use transparent and objective criteria, including those of an environmental, social and economic nature, for the national allocation of the quotas, giving special consideration to the preservation and prosperity of small-scale, artisanal and traditional fishermen using traps and other selective fishing methods, and to the encouragement of such methods.







Amendment 12


Proposal for a regulation


Article 8 — paragraph 3








Text proposed by the Commission




Amendment





3.   The maximum number of fishing vessels flying the flag of a Member State engaged in the eastern Atlantic and Mediterranean Bluefin tuna fishery shall be limited to the number, and the total corresponding gross tonnage, of fishing vessels flying the flag of that Member State that fished for, retained on board, transhipped, transported or landed Bluefin tuna during the period from 1 January 2007 to 1 July 2008. That limit shall apply by gear type for catching vessels.


3.   The maximum number 
and the corresponding gross tonnage
 of fishing vessels flying the flag of a Member State engaged in the eastern Atlantic and Mediterranean Bluefin tuna fishery shall be limited to the number, and the total corresponding gross tonnage, of fishing vessels flying the flag of that Member State that fished for, retained on board, transhipped, transported or landed Bluefin tuna during the period from 1 January 2007 to 1 July 2008. That limit shall apply by gear type for catching vessels.





Amendment 41


Proposal for a regulation


Article 8 — paragraph 6 a (new)








Text proposed by the Commission




Amendment





 




6a.
   
By way of derogation from paragraphs 2, 3, and 5, Member States shall review the Bluefin tuna fishing quota system, which penalises small-scale fishermen, for the purpose of removing the monopoly currently exercised by large vessel owners and encouraging more sustainable fishing systems such as those used for small-scale fishing.







Amendment 13


Proposal for a regulation


Article 8 — paragraph 7








Text proposed by the Commission




Amendment





7.   
By way of derogation from paragraph 3 and 6,
 for the years 2015, 2016, and 2017, each Member State shall limit the numbers of its purse seiners 
not authorised to fish for Bluefin tuna under the derogation referred to in Article 13(2)b
 to the numbers of purse seiners it authorised in 2013 or 2014.


7.   For the years 2015, 2016, and 2017, each Member State shall limit the numbers of its purse seiners to the numbers of purse seiners it authorised in 2013 or 2014. 
This shall not apply to purse seiners operating under the derogation provided for in point (b) of Article 13(2).







Amendment 14


Proposal for a regulation


Article 10 — paragraph 5








Text proposed by the Commission




Amendment





5.   Fishing for Bluefin tuna by gears other than those referred to in paragraphs 1 to 4 and Article 11, including traps shall be permitted throughout the year.


5.   Fishing for Bluefin tuna by gears other than those referred to in paragraphs 1 to 4 and Article 11, including traps, shall be permitted throughout the year 
in accordance with ICCAT conservation and management measures
.





Amendment 15


Proposal for a regulation


Chapter III — Section 2 — title








Text proposed by the Commission




Amendment





MINIMUM SIZE, INCIDENTAL CATCH, BY-CATCH


MINIMUM 
CONSERVATION REFERENCE
 SIZE, INCIDENTAL CATCH, BY-CATCH





Amendment 16


Proposal for a regulation


Article 12








Text proposed by the Commission




Amendment





The provisions of this Section shall be without prejudice to Article 15 of Regulation (EU) No 1380/2013, including any 
derogation in line with Article 15(2) of that Regulation
.


The provisions of this Section shall be without prejudice to Article 15 of Regulation (EU) No 1380/2013, including any 
applicable derogations therefrom
.





Amendment 17


Proposal for a regulation


Article 13 — title








Text proposed by the Commission




Amendment






Minimum size




Minimum

conservation reference

size






Amendment 18


Proposal for a regulation


Article 13 — paragraph 1








Text proposed by the Commission




Amendment





1.   The minimum size for Bluefin tuna caught in the eastern Atlantic and in the Mediterranean shall be 30 kg or 115 cm fork length.


1.   The minimum 
conservation reference
 size for Bluefin tuna caught in the eastern Atlantic and in the Mediterranean shall be 30 kg or 115 cm fork length.





Amendment 19


Proposal for a regulation


Article 13 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment





By way of derogation from paragraph 1, a minimum size for Bluefin tuna of 8 kg or 75cm fork length shall apply to the following fisheries:


By way of derogation from paragraph 1, a minimum 
conservation reference
 size for Bluefin tuna of 8 kg or 75cm fork length shall apply to the following fisheries:





Amendment 20


Proposal for a regulation


Article 15 — paragraph 4








Text proposed by the Commission




Amendment





4.   If the quota allocated to the Member State of the fishing vessel or trap concerned has already been consumed, the catching of any Bluefin tuna shall be avoided. Dead Bluefin tuna must be landed and shall be subject to confiscation and the appropriate follow-up action. In accordance with Article 27, each Member State shall report information on such quantities on an annual basis to the Commission who shall forward it to the ICCAT Secretariat.


4.   If the quota allocated to the Member State of the fishing vessel or trap concerned has already been consumed, the catching of any Bluefin tuna shall be avoided. Dead Bluefin tuna must be landed 
whole and unprocessed
 and shall be subject to confiscation and the appropriate follow-up action. In accordance with Article 27, each Member State shall report information on such quantities on an annual basis to the Commission who shall forward it to the ICCAT Secretariat.





Amendment 21


Proposal for a regulation


Chapter III — Section 3 — title








Text proposed by the Commission




Amendment





USE OF 
AIRCRAFTS




USE OF 
AERIAL MEANS







Amendment 22


Proposal for a regulation


Article 18 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




3a.
   
Any Bluefin tuna landed shall be whole, gilled and gutted. Each Member State shall take the necessary measures to ensure, to the greatest extent possible, the release of Bluefin tuna caught alive, especially juveniles, in the framework of recreational and sport fishing.







Amendment 23


Proposal for a regulation


Article 19 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


a list of all catching vessels flying its flag authorised to fish actively for Bluefin tuna in the eastern Atlantic and Mediterranean by issue of a 
special
 fishing authorisation;












(a)


a list of all catching vessels flying its flag authorised to fish actively for Bluefin tuna in the eastern Atlantic and Mediterranean by issue of a fishing authorisation;









Amendment 24


Proposal for a regulation


Article 19 a (new)








Text proposed by the Commission




Amendment





 




Article 19a






 




Relationship with Regulation (EC) No 1224/2009






 




The control measures provided for in this Chapter shall apply in addition to those provided for in Regulation (EC) No 1224/2009, except where otherwise provided for in this Chapter.







Amendment 25


Proposal for a regulation


Article 20 — paragraph 2








Text proposed by the Commission




Amendment





2.   The flag Member State shall withdraw the fishing authorisation for Bluefin tuna and 
shall
 require the vessel to proceed immediately to a port designated by it when the individual quota is deemed to be exhausted.


2.   The flag Member State shall withdraw the fishing authorisation for Bluefin tuna and 
may
 require the vessel to proceed immediately to a port designated by it when the individual quota is deemed to be exhausted.





Amendment 26


Proposal for a regulation


Article 21 — paragraph 1








Text proposed by the Commission




Amendment





1.   By 15 February each year, each Member State shall send to the Commission electronically a list of its traps authorised, by issue of a 
special
 fishing authorisation to fish for Bluefin tuna in the eastern Atlantic and Mediterranean. The list shall include the name of the traps and the register number and shall be set up in accordance with the format set in the Guidelines by ICCAT for submitting data and information required.


1.   By 15 February each year, each Member State shall send to the Commission electronically a list of its traps authorised, by issue of a fishing authorisation to fish for Bluefin tuna in the eastern Atlantic and Mediterranean. The list shall include the name of the traps and the register number and shall be set up in accordance with the format set in the Guidelines by ICCAT for submitting data and information required.





Amendment 27


Proposal for a regulation


Article 24 — paragraph 5 — subparagraph 2








Text proposed by the Commission




Amendment







On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 59 (3).






deleted







Amendment 28


Proposal for a regulation


Article 29 — paragraph 3








Text proposed by the Commission




Amendment





3.   Where Member States apply Article 80(3) of Regulation (EU) No 404/2011 to the notification under paragraphs 1 and 2, the estimated quantities of Bluefin tuna retained on board may be notified at the agreed time of notification prior to arrival.


3.   Where Member States apply Article 80(3) of 
Implementing
 Regulation (EU) No 404/2011 to the notification under paragraphs 1 and 2, the estimated quantities of Bluefin tuna retained on board may be notified at the agreed time of notification prior to arrival. 
If the fishing grounds are less than four hours from the port, the estimated quantities of Bluefin tuna retained on board may be modified at any time prior to arrival.







Amendment 29


Proposal for a regulation


Article 37 — paragraph 2








Text proposed by the Commission




Amendment







On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 59(3).






deleted







Amendment 30


Proposal for a regulation


Article 46 — paragraph 2








Text proposed by the Commission




Amendment







On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 59(3).






deleted







Amendment 31


Proposal for a regulation


Article 47 — paragraph 4








Text proposed by the Commission




Amendment





4.   Member States shall 
ensure that their Fisheries Monitoring Centres forward to the Commission and a body designated by it, in real time and using the format ‘https data feed’, the VMS messages received from the fishing vessels flying their flag
. The Commission shall send electronically those messages to the ICCAT Secretariat.


4.   Member States shall 
transmit the data provided for in this Article in accordance with Article 28 of Implementing Regulation (EU) No 404/2011
. The Commission shall send electronically those messages to the ICCAT Secretariat.





Amendment 32


Proposal for a regulation


Article 49 — paragraph 2 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






during all transfers from one farm to another;











Amendment 33


Proposal for a regulation


Article 49 — paragraph 5 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)






observe and monitor fishing and farming operations in compliance with the relevant ICCAT conservation and management measures;











Amendment 34


Proposal for a regulation


Article 57








Text proposed by the Commission




Amendment







Article 57






deleted








Procedure for amendments




 






1.
   
As far as is necessary, in order to incorporate into Union law amendments to the existing provisions of the Bluefin tuna recovery plan which become binding to the Union, the Commission may amend non-essential provisions of this Regulation by means of delegated acts in accordance with Article 58.




 





Amendment 35


Proposal for a regulation


Article 58








Text proposed by the Commission




Amendment







Article 58






deleted








Exercise of the delegation for amendments




 






1.
   
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.




 






2.
   
The delegation of power referred to in Article 57 shall be conferred on the Commission for an indeterminate period of time.




 






3.
   
The delegation of power referred to in Article 57 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 57 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 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 2 months at the initiative of the European Parliament or the Council.




 





Amendment 36


Proposal for a regulation


Article 59 — paragraph 3








Text proposed by the Commission




Amendment







3.
   
Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.






deleted







Amendment 37


Proposal for a regulation


Article 61 — paragraph 1








Text proposed by the Commission




Amendment





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


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





Amendment 38


Proposal for a regulation


Annex I — paragraph 2








Text proposed by the Commission




Amendment











2.


In addition to the provisions set out in Article 8(3), the maximum number of catching vessels authorised to fish for Bluefin tuna in the Adriatic sea for farming purposes under the specific conditions applying to the derogation referred to in Article 13(2)(b) is set at the number of Union catching vessels participating in the directed fishery for Bluefin tuna in 2008.












2.


In addition to the provisions set out in Article 8(3), the maximum number of catching vessels authorised to fish for Bluefin tuna in the Adriatic sea for farming purposes under the specific conditions applying to the derogation referred to in Article 13(2)(b) is set at the number of Union catching vessels participating in the directed fishery for Bluefin tuna in 2008. 
For that purpose, the number of Croatian catching vessels participating in the directed fishery for Bluefin tuna in 2008 shall be taken into account.











Amendment 39


Proposal for a regulation


Annex IV — point 2 — line 2









Text proposed by the Commission




Amendment














Number of individuals:


Species:

















Number of individuals:


Species:




Weight:













Amendment 40


Proposal for a regulation


Annex VII — point 7 — point a








Text proposed by the Commission




Amendment











(a)


allowed access to the vessel 
and
 farm personnel and to the gear, cages and equipment












(a)


allowed access to the vessel, farm 
and trap
 personnel and to the gear, cages and equipment










(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 61(2), second subparagraph (A8-0367/2015).

(1)  Regulation (EU) No 1380/2013 of the European Parliament and the Council of 11 December 2013 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 354, 28.12.2013, p. 
1

).

(1)  Regulation (EU) No 1380/2013 of the European Parliament and the Council of 11 December 2013 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 354, 28.12.2013, p. 
22

).

(1a)  
Commission Delegated Regulation (EU) 2015/98 of 18 November 2014 on the implementation of the Union's international obligations, as referred to in Article 15(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council, under the International Convention for the Conservation of Atlantic Tunas and the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (OJ L 16, 23.1.2015, p. 23).