P8_TA(2017)0015 Sustainable management of external fishing fleets ***I European Parliament legislative resolution of 2 February 2017 on the proposal for a regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets, repealing Council Regulation (EC) No 1006/2008 (COM(2015)0636 — C8-0393/2015 — 2015/0289(COD)) P8_TC1-COD(2015)0289 Position of the European Parliament adopted at first reading on 2 February 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council on the sustainable management of external fishing fleets, repealing Council Regulation (EC) No 1006/2008
Date: 2017-02-02
Institutions: Committee on Development, Committee on Fisheries, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU Member State, EU waters, exchange of information, fishery management, fishing fleet, fishing industry, fishing permit, international waters, ship's flag, third country




C_2018252EN.01030601.xml










18.7.2018   


EN


Official Journal of the European Union


C 252/306





P8_TA(2017)0015
Sustainable management of external fishing fleets ***I
European Parliament legislative resolution of 2 February 2017 on the proposal for a regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets, repealing Council Regulation (EC) No 1006/2008 (COM(2015)0636 — C8-0393/2015 — 2015/0289(COD))
(Ordinary legislative procedure: first reading)
(2018/C 252/32)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2015)0636),










—


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 (C8-0393/2015),










—


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 25 May 2016 (1),










—


having regard to Rule 59 of its Rules of Procedure,










—


having regard to the report of the Committee on Fisheries and the opinion of the Committee on Development (A8-0377/2016),












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 303, 19.8.2016, p. 116.


P8_TC1-COD(2015)0289
Position of the European Parliament adopted at first reading on 2 February 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council on the sustainable management of external fishing fleets, repealing Council Regulation (EC) No 1006/2008
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 (2),
Having regard to the opinion of the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:






(1)


Council Regulation (EC) No 1006/2008 (2) (‘FAR’) established a system concerning authorisations for fishing activities of Union fishing vessels outside Union waters and the access of third country vessels to Union waters,










(2)


The Union is a contracting party to the United Nations Conventions on the Law of the Sea of 10 December 1982 (3) (UNCLOS) and has ratified the 1995 United Nations Agreement on the Implementation of the provisions of the United Nations Convention on the Law of the Sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 August 1995 (UN Fish Stock Agreement) (4). Those international provisions set out the principle that all states have to adopt appropriate measures to ensure the sustainable management 
and conservation
 of marine resources and to cooperate with each other to that end. [Am. 1]











(3)


The Union has accepted the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas of 24 November 1993 of the Food and Agriculture Organisation of the United Nations (FAO Compliance Agreement) (5). The FAO Compliance Agreement stipulates that a contracting party is to abstain from granting authorisation to use a vessel for fishing on the high seas if certain conditions are not met, as well as implement sanctions if certain reporting obligations are not fulfilled.












(3a)






The International Tribunal for the Law of the Sea delivered an advisory opinion on 2 April 2015 in response to a request submitted by the West Africa Sub-Regional Fisheries Commission. That advisory opinion confirmed that the Union bears responsibility for the activities of vessels flying the flag of the Member States and the due diligence that the Union must exercise in that regard. [Am. 2]











(4)


The Union has endorsed the FAO International Plan of Action to prevent, deter and eliminate illegal, unreported and undeclared fishing (IPOA-IUU) adopted in 2001. The IPOA-IUU and the FAO Voluntary Guidelines for flag state performance endorsed in 2014 underlie the responsibility of the flag State to ensure the long-term conservation and sustainable use of living marine resources and marine ecosystems. The IPOA-IUU provides that a flag State should issue authorisations to fish in waters outside its sovereignty or jurisdiction to vessels flying its flag. The Voluntary Guidelines also recommend that an authorisation be given by the flag State and by the coastal state when the fishing activities take place under a fisheries access agreement or even outside such an agreement. They should both be satisfied that such activities will not undermine the sustainability of the stocks in the coastal state’s waters (paragraphs 40 and 41).












(4a)






In 2014, all members of the FAO, including the Union and its developing country partners, unanimously adopted the Voluntary Guidelines on Securing Sustainable Small-scale Fisheries in the Context of Food Security and Poverty Eradication, including point 5.7 thereof, which highlights that small-scale fisheries should be given due consideration before agreements on resource access are entered into with third countries and third parties. [Am. 3]













(4b)






The FAO Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication call for the adoption of measures for the long-term conservation and sustainable use of fisheries resources and for the securing of the ecological foundation for food production, underlining the importance of environmental standards for fishing activities outside Union waters that include an ecosystem-based approach to fisheries management together with the precautionary approach, so as to rebuild and maintain exploited stocks above levels that can produce the maximum yield by 2015 wherever possible, and by 2020 at the latest for all stocks. [Am. 4]











(5)


The issue of the obligations and concomitant responsibilities and liabilities of the flag State and, where appropriate, the flag international organisation, for the conservation and management of the living resources of the high seas under UNCLOS has increasingly come into focus at international level. This has also been the case, under the heading of a due diligence obligation flowing from UNCLOS, for concurrent coastal State jurisdiction and flag State jurisdiction and, as appropriate, flag 
and coastal
 international organisation jurisdiction, to secure sound conservation of marine biological resources within sea areas under national jurisdiction. 
The Advisory Opinion of 2 April 2015 of the International Tribunal for the Law of the Sea (ITLOS), rendered in response to questions raised by the West Africa Subregional Fisheries Commission, confirmed that the Union bears international responsibility before third countries and international organisations for the activities of its fishing vessels, and that such responsibility requires it to act with due diligence.
 A due diligence obligation is an obligation for a State to exercise best possible efforts and to do the utmost to prevent illegal fishing, which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag, its nationals, or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures. For those reasons 
and, more generally, to strengthen the ‘blue’ economy
, it is important to organise both the activities of Union fishing vessels outside Union waters as well as the governance system pertaining thereto in such a manner that the Union's international obligations can be efficiently and effectively discharged and that situations where the Union might be reproached for internationally wrongful acts are avoided. [Am. 5]













(5a)






The Union committed itself at the United Nations Summit on Sustainable Development on 25 September 2015 to implementing the resolution containing the outcome document entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’, including Sustainable Development Goal 14 ‘Conserve and sustainably use the oceans, seas and marine resources for sustainable development’, as well as Sustainable Development Goal 12 ‘Ensure sustainable consumption and production patterns’ and their targets. [Am. 6]











(6)


The outcomes of the 2012 United Nations Conference on Sustainable Development ‘Rio + 20’ (6) as well as the 
adoption of the EU Action Plan to tackle the illegal trade in wild flora and fauna, and
 international developments regarding the fight against illegal wildlife trade 
and the New Sustainable Development Goals (17 goals to transform our world, including Goal 14: Life below water) adopted in September 2015 by the United Nations
 should be reflected in the Union's external fisheries policy 
and in its trade policy
. [Am. 7]











(7)


The objective of the Common Fisheries Policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council (7) (the ‘Basic Regulation’), is to ensure that fishing activities are environmentally, economically and socially sustainable and are managed consistently with the objectives of achieving economic, social and employment benefits, and 
of restoring and maintaining fish stocks above levels which can produce maximum sustainable yield, and
 that they are contributing to the availability of food supplies. 
It is also necessary, in implementing this policy, to take account of development cooperation objectives in accordance with the second subparagraph of Article 208(1) of the Treaty on the Functioning of the European Union (TFEU). [Am. 8]













(7a)






The Basic Regulation also requires that sustainable fisheries partnership agreements (SFPAs) be limited to surplus catches as referred to in Article 62(2) and (3) of UNCLOS. [Am. 9]











(8)




The Basic
 Regulation (EU) No 1380/2013 stresses the need to promote the objectives of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law, while promoting a level playing field for Union operators and third-country operators. 
Social and environmental legislation adopted by third countries may differ from that of the Union, creating different standards for fishing fleets. That situation could lead to authorisation for fishing activities inconsistent with the sustainable management of marine resources. It is therefore necessary to ensure consistency with the environmental, fisheries, trade and development activities of the Union, especially when it affects fisheries in developing countries with low administrative capacity and where the risk of corruption is high. [Am. 10]











(9)


Regulation (EC) No 1006/2008 was intended to establish common ground for authorising fishing activities to be carried out by Union vessels outside Union waters with a view to supporting the fight against IUU fishing and better control and monitoring of the EU

Union
 fleet across the globe
, as well as conditions for the authorising of third country vessels fishing in Union waters
. [Am. 11]











(10)


Council Regulation (EC) No 1005/2008 (8) on IUU fishing was adopted in parallel to Regulation (EC) No 1006/2008 and Council Regulation (EC) No 1224/2009 (‘the Control Regulation’) (9) was adopted a year later. Those Regulations are the three implementing pillars of the control and enforcement provisions of the CFP.










(11)


However, those three Regulations were not implemented consistently; in particular there were inconsistencies between the FAR and the Control Regulation, which was adopted after the FAR Regulation. The implementation of the FAR also revealed several loopholes, since some challenges in terms of control, such as chartering, reflagging and the issuance of fishing authorisations issued by a third country competent authority to a Union fishing vessel outside the framework of an SFPA (‘direct authorisations’), were not covered. Besides, some reporting obligations have proven difficult as has the division of administrative roles between the Member States and the Commission.










(12)


The core principle of this Regulation is that any Union vessel fishing outside Union waters should be authorised by its flag Member State and monitored accordingly, irrespective of where it operates and the framework under which it does so. The issuing of an authorisation should be dependent on a basic set of common eligibility criteria being fulfilled. The information gathered by the Member States and provided to the Commission should allow the Commission to intervene in the monitoring of the fishing activities of all Union fishing vessels in any given area outside Union waters at any time. 
This is necessary to enable the Commission to fulfil its obligations as Guardian of the Treaties. [Am. 12]













(12a)






Recent years have seen considerable improvements in the Union’s external fisheries policy, in terms of the conditions and terms of SFPAs and the diligence with which the provisions are enforced. Maintaining the fishing opportunities for the Union fleet within the framework of SFPAs should be a priority objective of the Union’s external fisheries policy and similar conditions should be applied to Union activities outside the scope of SFPAs. [Am. 13]













(12b)






The Commission should play a mediating role when the possibility of withdrawing, suspending or modifying a fishing authorisation is raised on account of evidence of serious threats to the exploitation of fishing resources. [Am. 14]











(13)


Support vessels may have a substantial impact on the way fishing vessels are able to carry out their fishing activities and on the quantity of fish they can retrieve. It is therefore necessary to take them into account in the authorisation and reporting processes set out in this Regulation.










(14)


Reflagging operations become an issue when their objective is to circumvent CFP rules or existing conservation and management measures. The Union should therefore be able to define, detect and hamper such operations. Traceability and proper follow-up of compliance history should be ensured throughout a vessel’s lifespan

the lifespan of a vessel owned by a Union operator regardless of the flag or flags it operates under
. The requirement that a unique vessel number be granted by the International Maritime Organisation (IMO) should also serve that purpose. [Am. 15]











(15)


In third country waters, Union vessels may operate either under the provisions of SFPAs concluded between the Union and third countries or by obtaining direct fishing authorisations from third countries if no SFPA is in force. In both cases those activities should be carried out in a transparent and sustainable way. This is why the flag Member States should be empowered to authorise under a defined set of criteria and subject to monitoring, the vessels flying their flag to seek and obtain direct authorisations from third coastal states. The fishing activity should be authorised once the flag Member State is satisfied that it will not undermine sustainability. Unless the Commission has any further 
duly justified
 objection, the operator who has been given the authorisation from both the flag Member State and the coastal state should be allowed to start its fishing operation. [Am. 16]











(16)


A specific issue pertaining to SFPAs is the reallocation of under-utilised fishing opportunities that occur when fishing opportunities allocated to Member States by the relevant Council Regulations are not fully used. Since the access costs set out in the SFPAs are financed for a large part by the Union budget, a 
temporary
 reallocation system is important to preserve Union financial interests and ensure that no fishing opportunity which has been paid for is wasted. It is therefore necessary to clarify and improve the reallocation system, which should be a last resort mechanism. Its application should be temporary and it should not affect the initial allocation of fishing opportunities among Member States
, which means that it will not damage relative stability
. 
As a system of last resort,
 reallocation should only occur once the relevant Member States have given up on their rights to exchange fishing opportunities among themselves. [Am. 17]













(16a)






‘Dormant agreements’ is the term used where countries have adopted a fisheries partnership agreement without having a protocol in force, for structural or circumstantial reasons. The Union has several ‘dormant agreements’ with third countries. Union vessels are therefore not allowed to fish in waters under the dormant agreements. The Commission should make an effort to ‘wake up’ those agreements or to cease the partnership agreement concerned. [Am. 18]











(17)


Fishing activities under the auspices of regional fisheries management organisations (RFMOs) and 
unregulated fisheries
 on the high seas should also be authorised by the flag Member State and comply with RFMO specific rules or Union legislation governing fishing activities on the high seas. [Am. 19]











(18)


Chartering arrangements may undermine the effectiveness of conservation and management measures, as well as have a negative impact on the sustainable exploitation of living marine resources. It is therefore necessary to set out a legal framework that helps the Union to better monitor the activities of 
fishing vessels flying a
 Union 
flag and
 chartered fishing vessels

by third country operators
 on the basis of what has been adopted by the relevant RFMO. [Am. 20]











(19)


Procedures should be transparent
, practicable
 and predictable for Union and third country operators, as well as for their respective competent authorities. [Am. 21]













(19a)






The Union should seek an international level playing field where the Union fishing fleet can compete with other fishing nations, adapting market access rules accordingly whenever stringent rules are adopted for the Union fleet. [Am. 22]











(20)


The exchange of data in electronic form between Member States and the Commission, as provided for by the Control Regulation, should be ensured. Member States should collect all requested data about their fleets and their fishing activities, manage it and make it available to the Commission. Moreover, they should cooperate with each other, the Commission and third countries where relevant in order to coordinate those data collection activities.










(21)


With a view to improving the transparency and accessibility of information on Union fishing authorisations, the Commission should set up an electronic fishing authorisation register comprising both a public and a secure part. Information in the Union fishing authorisation register includes personal data. The processing of personal data based on this Regulation should comply with Regulation (EC) No 45/2001 of the European Parliament and of the Council (10), Directive 95/46/EC of the European Parliament and of the Council (11) and applicable national law.










(22)


With a view to properly addressing access to Union waters of fishing vessels flying the flag of a third country, the relevant rules should be consistent with those applicable to Union fishing vessels, in accordance with the Control Regulation. In particular, Article 33 of that Regulation on the reporting of catch and catch-related data should also apply to third country vessels fishing in Union waters.










(23)


Fishing vessels from third countries without authorisation under this Regulation should, when navigating in Union waters, be obliged to ensure that their fishing gear is installed in such a manner that it is not readily usable for fishing operations.










(24)


Member States should be responsible for controlling the fishing activities of third country vessels in Union waters and, in the event of infringements, for recording them in the national register provided for in Article 93 of the Control Regulation.










(25)


In order to simplify authorisation procedures, a common system of data exchange and data storage should be used by the Member States and the Commission to provide necessary information and updates while minimising administrative burden. In this regard, the data contained in the Union fleet register should be fully used.










(26)


In order to take into account technological progress and subsequent possible new international law requirements, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the adoption of modifications to the Annexes to this Regulation setting out the list of information to be provided by an operator in order to obtain a fishing authorisation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (12). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.










(27)


In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of the recording, format and the transmission of data related to fishing authorisations from the Member States to the Commission and to the Union fishing authorisation register, as well as to lay down a methodology for the reallocation of unused fishing opportunities. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (13).










(28)


The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to the reallocation of fishing opportunities, imperative grounds of urgency so require.










(29)


By reason of the number and importance of the amendments to be made, Regulation (EC) No 1006/2008 should be repealed,




HAVE ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS

Article 1


Subject matter

This Regulation sets out rules for issuing and managing fishing authorisations for:






(a)


Union fishing vessels operating

conducting fishing activities
 in waters under the sovereignty or jurisdiction of a third country, under the auspices of an RFMO 
to which the Union is a contracting party
, in or outside Union waters, or on the high seas; and










(b)


third country fishing vessels operating

conducting fishing activities
 in Union waters. [Am. 23]






Article 2


Relationship to international and Union law

This Regulation shall apply without prejudice to the provisions:






(a)


in SFPAs and similar fisheries agreements concluded between the Union and third countries;










(b)


adopted by RFMOs or similar fisheries organisations to which the Union is a contracting party or a non-contracting cooperating party;










(c)


in Union legislation implementing or transposing provisions referred to in points (a) and (b).




Article 3
Definitions
For the purpose of this Regulation, the definitions in Article 4 of the Basic Regulation shall apply. In addition, the following definitions shall also apply:






(a)


‘support vessel’ means a vessel that is not equipped with operational fishing gear 
designed to catch or attract fish and
 that facilitates, assists or prepares fishing activities; [Am. 24]











(b)


‘fishing authorisation’ means an

a fishing
 authorisation issued in respect of a Union fishing vessel or third country fishing vessel
, in addition to its fishing licence
, entitling it to carry out specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions; [Am. 25]











(c)


‘fishing authorisation register’ means the management system of fishing authorisations and the associated database;










(d)


‘direct authorisation’ means a fishing authorisation issued by a third country competent authority to a Union fishing vessel outside the framework of an SFPA;










(e)


‘third country waters’ means waters under the sovereignty or jurisdiction of a third country;










(f)


‘observer program

programme
’ means a scheme under the auspices of an RFMO
, an SFPA, a third country or a Member State
 that provides observers onboard

on-board
 fishing vessels under certain conditions 
to collect data and/or
 to verify the vessel's compliance with the rules adopted by that organisation
, SFPA or country
. [Am. 26]













(fa)






‘contracting party’ means a contracting party to the international convention or agreement establishing an RFMO, as well as States, fishing entities or any other entities that cooperate with such an organisation and have been granted cooperating non-contracting party status with respect to such an organisation. [Am. 27]













(fb)






‘chartering’ means an arrangement by which a fishing vessel flying the flag of a Member State is contracted for a defined period by an operator in either another Member State or a third country without a change of flag; [Am. 77]





TITLE II
FISHING ACTIVITIES BY UNION FISHING VESSELS OUTSIDE UNION WATERS
Chapter I
Common provisions
Article 4
General principle
Without prejudice to the requirement to obtain an authorisation from the competent organisation or third country, a Union fishing vessel may not carry out fishing activities outside Union waters unless it has been issued with a fishing authorisation by its flag Member State.
Article 5
Eligibility criteria
1.   A flag Member State may only issue a fishing authorisation for fishing activities outside Union waters if:






(a)


it has received complete and accurate information, in accordance with Annexes 1 and 2

the Annex,
 about the fishing vessel and the associated support vessel(s), including non-Union support vessels; [Am. 28]











(b)


the fishing vessel has a valid fishing licence under Article 6 of Regulation (EC) No 1224/2009;










(c)


the fishing vessel and any associated support vessel have an IMO number
, where required by Union legislation
; [Am. 29]











(d)


the operator and

master of
 the fishing vessel
, as well as the fishing vessel concerned,
 have not been subject to a sanction for a serious infringement according to the national law of the Member State pursuant to Article 42 of Council Regulation (EC) No 1005/2008 and Article 90 of Council Regulation (EC) No 1224/2009 during the 12 months prior to the application for the fishing authorisation; [Am. 78]











(e)


the fishing vessel is not included in an IUU vessel list adopted by an RFMO and/or by the Union pursuant to Regulation (EC) No 1005/2008;










(f)


where applicable, fishing opportunities are available to the flag Member State under the fisheries agreement concerned or the relevant provisions of the RFMO; and










(g)


where applicable, the fishing vessel complies with the requirements set out in Article 6.




2.   The Commission shall be empowered to adopt delegated acts, in accordance with Article 43, for the purpose of modifying the Annex.
Article 6
Reflagging operations
1.   This 
article Article
 applies to vessels that within five

during the two
 years of the date of

preceding
 the application for a fishing authorisation have:






(a)


left the Union fishing fleet register and been reflagged in a third country; and










(b)


subsequently returned to the Union fishing fleet register within 24 months from the date of leaving it.




2.   A flag Member State may only issue a fishing authorisation if it is satisfied

has verified
 that, during the period that the vessel referred to in paragraph 1 operated under a third country flag:






(a)


it did not engage in IUU fishing activities; and that










(b)


it did not operate in waters of 
either
 a non-cooperating third country pursuant to Articles 31 and 33 of Regulation (EC) No 1005/2008 
or a third country which became identified as a country allowing non-sustainable fishing pursuant to point (a) of Article 4(1) of Regulation (EU) No 1026/2012 of the European Parliament and of the Council
 (14).




3.   To that end, an operator shall provide any

the following
 information related to the relevant period 
during which the vessel operated under a third country flag
 required by a flag Member State, including at least each of the following:






(a)


a declaration of catches and fishing efforts during the relevant period;










(b)


a copy of the fishing authorisation issued by the flag State for the relevant period;










(c)


a copy of any fishing authorisation permitting fishing operations in third country waters during the relevant period;










(d)


an official statement by the third country where the vessel was reflagged listing the sanctions the vessel or the operator had been subject to during the relevant period.












(da)






complete flag history during the period when the vessel has left the Union fleet register.






4.   A flag Member State shall not issue a fishing authorisation to a vessel that has been reflagged:






(a)


in a third country which became identified or listed as a non-cooperating country in combatting IUU fishing pursuant to Articles 31 and 33 of Regulation (EC) No 1005/2008; or










(b)


in a third country which became identified as a country allowing non-sustainable fishing pursuant to point (a) of Article 4(1) of Regulation (EU) No 1026/2012.




5.   Paragraph 4 shall not apply if the flag Member State is satisfied that, as soon as the country was identified as an IUU non-cooperating country or as allowing non-sustainable fishing, the operator:






(a)


ceased fishing operations; and










(b)




immediately
 started the relevant administrative procedures to remove the vessel from the third country’s fishing fleet register. [Am. 31]





Article 7
Monitoring fishing authorisations
1.   When applying for a fishing authorisation, an operator shall provide the flag Member State with complete and accurate data.
2.   An operator shall immediately inform the flag Member State of any change to the related data.
3.   A flag Member State shall monitor 
at least once a year
 whether the conditions on the basis of which a fishing authorisation has been issued continue to be met during the period of validity of that authorisation.
4.   If a condition on the basis of which a fishing authorisation has been issued is no longer met, a flag Member State shall 
take appropriate action, including to
 amend or withdraw the authorisation and 
immediately
 notify the operator and the Commission 
and, if relevant, the secretariat of the RFMO or the third country concerned
 accordingly.
5.   Upon a 
duly justified
 request from the Commission, a flag Member State shall refuse, suspend or withdraw the authorisation in cases:








(a)




of overriding policy reasons pertaining

imperative grounds of urgency related to a serious threat
 to the sustainable exploitation, management and conservation of marine biological resources;












(b)





or the prevention or suppression of

of serious infringements relating to Article 42 of Regulation (EC) No 1005/2008 or Article 90(1) of Regulation (EC) No 1224/2009, in the framework of
 illegal, unreported or unregulated 
(IUU)
 fishing, or in cases

in order to prevent them, in the case of high risk;














(c)




where the Union has decided to suspend or sever relations with the third country concerned.






The duly justified request referred to in the first subparagraph shall be supported by relevant and appropriate information. The Commission shall immediately inform the operator and the flag Member State when it makes such a duly justified request. Such a request by the Commission shall be followed by a 15-day period of consultation between the Commission and the flag Member State.


6.   If a

, at the end of the 15-day period referred to in paragraph 5, the Commission confirms its request and the
 flag Member State fails to refuse, amend, suspend or withdraw the authorisation in accordance with paragraphs 4 and 5, the Commission may decide
, after a further five days,
 to withdraw the authorisation and 
shall
 notify the flag Member State and the operator accordingly

of its decision. [Am. 32]

Chapter II
Fishing activities by Union fishing vessels in third country waters
SECTION 1
FISHING ACTIVITIES UNDER SFPAS
Article 8
RFMO Membership
A Union fishing vessel may only carry out fishing activities in waters of a third country on stocks managed by an RFMO if that country is a contracting party or non-contracting cooperating party to that RFMO. 
Where SFPAs have been concluded before … [the date of entry into force of this Regulation], this paragraph shall apply from … [four years after the date of entry into force of this Regulation]
. [Am. 33]



The Union may allocate a proportion of sectoral support funding to third countries with which it has SFPAs, in order to help those third countries join RFMOs. [Am. 34]

Article 9
Scope
This Section shall apply to fishing activities carried out by Union fishing vessels in third country waters under an SFPA.


The Union shall ensure that
 SFPAs 
are consistent with this Regulation. [Am. 35]

Article 10
Fishing authorisations
A Union fishing vessel may not carry out fishing activities in waters of a third country under an SFPA unless it has been issued with a fishing authorisation:






(a)


by its flag Member State

the third country with sovereignty or jurisdiction over the waters where the fishing activities take place
; and [Am. 36]











(b)


by the third country with sovereignty or jurisdiction over the waters where the activities take place

its flag Member State
. [Am. 37]





Article 11
Conditions for fishing authorisations by the flag Member State
A flag Member State may only issue a fishing authorisation for fishing activities carried out in third country waters under an SFPA if:






(a)


the eligibility criteria set out in Article 5 are fulfilled;










(b)


the conditions set out in the relevant SFPA are complied with;










(c)


the operator has paid all fees;










(ca)




the operator has paid all applicable
 financial penalties claimed

imposed
 by the third country competent authority over the past 12 months

, after the conclusion of applicable legal procedures; and [Am. 38]













(cb)






the fishing vessel has an authorisation from the third country concerned. [Am. 39]






Article 12


Management of fishing authorisations

1.   Once it has issued a fishing authorisation

verified that the conditions set out in points (a), (b) and (c) of Article 11 are met
, a flag Member State shall send the Commission the corresponding application for

to obtain
 the third country’s authorisation.
2.   The application referred to in paragraph 1 shall contain the information listed in Annexes 1 and 2

the Annex
 together with any other data required under the SFPA.
3.   The flag Member State shall send the application to the Commission at least 10

15
 calendar days before the deadline for the transmission of applications laid down in the SFPA. The Commission may ask

send a duly justified request to
 the flag Member State for any additional information that it deems necessary.
4.   When it is satisfied that

Within a period of 10 calendar days from receipt of the application, or, in the event that additional information was requested pursuant to paragraph 3, within 15 calendar days from receipt of the application, the Commission shall conduct a preliminary examination to determine whether
 the conditions in Article 11 are met, the

. The
 Commission shall 
then either
 send the application to the third country 
or notify the Member State that the application is refused
.
5.   If a third country informs the Commission that it has decided to issue, refuse, suspend or withdraw a fishing authorisation for a Union fishing vessel 
under the agreement
, the Commission shall 
immediately
 inform the flag Member State accordingly
, if possible by electronic means. The flag Member State shall immediately transmit that information to the owner of the vessel
. [Am. 40]


Article 13



Temporary

reallocation of unused fishing opportunities in the framework of SFPAs

1.   During a specific year or any other relevant

At the end of the first half of the
 period of the implementation of a protocol to an SFPA, the Commission may identify unused fishing opportunities and inform the Member States benefiting from the corresponding shares of the allocation accordingly.
2.   Within 10

20
 days of receipt of this information from the Commission, the Member States referred to in paragraph 1 may:






(a)


inform the Commission that they will use their fishing opportunities later in the year or the relevant

second half of the
 period of implementation by providing a fishing plan with detailed information on the number of fishing authorisations requested, the estimated catches, zone and period of fishing; or










(b)


notify the Commission of exchanges of fishing opportunities, pursuant to Article 16(8) of the Basic Regulation.




3.   If certain Member States have not informed the Commission of one of the actions referred to in paragraph 2 and, if as a result fishing opportunities remain unused, the Commission may 
during a period of ten days following the period referred to in paragraph 2,
 launch a call for interest for the available unused fishing opportunities among the other Member States benefiting from a share of the allocation.
4.   Within 10 days of receipt of that call for interest, those Member States may communicate their interest in the unused fishing opportunities to the Commission. In support for their request, they shall provide a fishing plan with detailed information on the number of fishing authorisations requested, the estimated catches, zone and period of fishing.
5.   If deemed necessary for the assessment of the request, the Commission may ask the Member States concerned for additional information 
about the number of fishing authorisations applied for, catch estimates, the zone and the fishing period
.
6.   In the absence of any interest in the unused fishing opportunities by the Member States benefiting from a share of the allocation 
at the end of the ten-day period
, the Commission may launch a call for interest to all Member States. A Member State may communicate its interest in the unused fishing opportunities under the conditions referred to in paragraph 4.
7.   On the basis of the information provided by Member States in accordance with paragraphs 4 or 5 
and in close cooperation with them
, the Commission shall reallocate
, solely
 the unused fishing opportunities on a temporary basis by applying the methodology set out in Article 14.


7a.
   
The reallocation referred to in paragraph 7 shall apply only during the second half of the period of implementation referred to in paragraph 1 and shall occur only once during that period.




7b.
   
The Commission shall inform the Member States of:










(a)






the Member States to which the reallocation has been made;














(b)






the quantities allocated to the Member States to which the reallocation has been made; and














(c)






the allocation criteria used for the reallocation. [Am. 41]







Article 13a




Simplification of procedures for the annual renewal of existing fishing authorisations during the period in which the protocol to an SFPA in force applies




Faster, simpler and more flexible procedures for renewing the licences of those vessels whose status (characteristics, flag, ownership or compliance) has not changed from one year to another should be permitted during the period in force of a Union SFPA. [Am. 42]


Article 14



Temporary

reallocation methodology

1.   The Commission may lay down, by means of implementing acts, a methodology for the 
temporary
 reallocation of unused fishing opportunities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 45(2).
2.   On duly justified imperative grounds of urgency relating to the limited time left to exploit unused fishing opportunities, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 45(3). Those acts shall remain in force for a period not exceeding six months.
3.   When laying down the reallocation methodology, the Commission shall apply the following 
transparent and objective
 criteria
, taking into account environmental, social and economic factors
:






(a)


fishing opportunities available for reallocation;










(b)


number of requesting Member States;










(c)


share assigned to each requesting Member State in the initial allocation of fishing opportunities;










(d)


historic catch and effort levels of each requesting Member State;










(e)


number, type and characteristics of vessels and gear used;










(f)


consistency of the fishing plan provided by the requesting Member States with the elements listed in points (a) to (e).






The Commission shall publish its justification for the reallocation. [Am. 43]

Article 15
Allocation of a yearly quota broken down into several successive catch limits

1.   
The allocation of fishing opportunities in a situation
 where the Protocol to a sustainable fisheries partnership agreement

an SFPA
 sets monthly or quarterly catch limits or other subdivisions of a yearly quota, the Commission may adopt an implementing act establishing a methodology for allocating, monthly, quarterly or other period, the corresponding fishing opportunities between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 45(2).

shall be consistent with the annual fishing opportunities allocated to Member States under the relevant Union legal act. That principle shall not apply only when the Member States concerned agree on joint fishing plans that take account of the monthly or quarterly catch limits or other subdivisions of a yearly quota
. [Am. 44]


2.   The allocation of fishing opportunities referred to in paragraph 1 shall be consistent with the annual fishing opportunities allocated to Member States under the relevant Council Regulation.
[Am. 45]

SECTION 2
FISHING ACTIVITIES UNDER DIRECT AUTHORISATIONS
Article 16
Scope
This Section shall apply to fishing activities carried out by Union fishing vessels outside the framework of an SFPA in waters of a third country.
Article 17
Fishing authorisations
A Union fishing vessel may not carry out fishing activities in waters of a third country outside the framework of an SFPA unless it has been issued with a fishing authorisation by:






(a)



its flag Member State

the third country with sovereignty or jurisdiction over the waters where the activities take place
; and [Am. 46]











(b)



the third country with sovereignty or jurisdiction over the waters where the activities take place

its flag Member State
. [Am. 47]







A flag Member State may issue a fishing authorisation for fishing activities carried out in third country waters whenever the Protocol of a given SFPA covering those waters has not been in force with the relevant third country for at least the three preceding years.




In the event of renewal of the Protocol, the fishing authorisation shall be automatically withdrawn as from the date of entry into force of that Protocol. [Am. 48]

Article 18
Conditions for fishing authorisations by the flag Member States
A flag Member State may only issue a fishing authorisation for fishing activities carried out in third country waters outside the framework of an SFPA if:






(a)


there is no SFPA in force with the relevant third country, or the sustainable fisheries partnership agreement in force provides expressly for the possibility of direct authorisations;










(b)


the eligibility criteria set out in Article 5 are fulfilled;












(ba)






there is a surplus of allowable catch as required under Article 62(2) of UNCLOS;












(c)


the operator has provided each of the following:






(i)




a copy of the applicable fisheries legislation as provided to the operator by the coastal State
;










(ii)


a written confirmation from

valid fishing authorisation provided by
 the third country, following the discussions between the operator and the latter, of

for the proposed fishing activities which contains
 the terms of the intended direct authorisation to give the operator access to its

the
 fishing resources, including the duration, conditions, and fishing opportunities expressed as effort or catch limits;










(iii)


evidence of the sustainability of the planned fishing activities, on the basis of:






—


a scientific evaluation provided by the third country and/or by an RFMO 
and/or by a regional fisheries body with scientific competence recognised by the Commission
; and










—




in the case of an evaluation by the third country,
 an examination of the latter by the flag Member State on the basis of the assessment of its national scientific institute 
or, as appropriate, the scientific institute of a Member State with competence in the relevant fishery
;










—



a copy of the third country’s fisheries legislation;















(iv)


a designated official, public bank account number for the payment of all the fees; and














(d)


in the event that the fishing activities are to be carried out on species managed by an RFMO, the third country is a contracting party or a 
cooperating
 non-contracting cooperating party to that organisation. [Am. 49]





Article 19
Management of direct authorisations
1.   Once it has issued a fishing authorisation

established compliance with the requirement laid down in Article 18
, a flag Member State shall send the Commission the relevant information listed in Annexes 1 and 2,

the Annex
 and in Article 18.
2.   If the

The
 Commission has not requested

shall conduct a preliminary examination of the information referred to in paragraph 1
. 
It may request
 further information or justification within 15 calendar days of the transmission of

regarding
 the information referred to in paragraph 1, the flag Member State shall inform the operator that it may start the fishing activities in question, provided it has been granted the direct authorisation by third country as well within 
a period of
 15 days.
3.   If, following the request for further information or justification referred to in paragraph 2, the Commission finds that the conditions in Article 18 are not met, it may object to the granting of the fishing authorisation within two months

one month
 of 
the initial
 receipt of all the required information or justification.


3a.
   
Notwithstanding paragraphs 1 to 3 of this Article, if a fishing authorisation is to be renewed within a period of no more than two years from the issuance of the initial authorisation on the same terms and conditions as agreed in the initial authorisation, the Member State may issue the authorisation directly once it has established compliance with the conditions laid down in Article 18 and shall inform the Commission thereof without delay. The Commission shall have 15 days to object following the procedure laid down in Article 7.


4.   If a third country informs the Commission that it has decided to issue, refuse, suspend or withdraw a direct authorisation to a Union fishing vessel, the Commission shall 
immediately
 inform the flag Member State accordingly
, which shall inform the owner of the vessel
.
5.   If a third country informs the flag Member State that it has decided to issue, refuse, suspend or withdraw a direct authorisation to a Union fishing vessel, the flag Member State shall 
immediately
 inform the Commission 
and the owner of the vessel
 accordingly.
6.   An operator shall provide the flag Member State with a copy of the agreed final conditions between him and the third country, including a copy of the direct authorisation. [Am. 50]

Chapter III
Fishing activities by Union fishing vessels under the auspices of RFMOs
Article 20
Scope
This Chapter shall apply to fishing activities carried out by Union fishing vessels on stocks under the auspices of an RFMO, in Union waters, on the high seas and in third country waters.


Article 20a




Application of the Union’s international commitments in RFMOs




In order to apply the Union’s international commitments in RFMOs and in accordance with the objectives referred to in Article 28 of the Basic Regulation, the Union shall encourage periodic assessments of performance by independent bodies, and shall play an active role in setting up and reinforcing implementation committees in all RFMOs to which it is a contracting party. It shall in particular ensure that those implementation committees perform general supervision of the implementation of the external fisheries policy and of the measures decided within the RFMO. [Am. 51]

Article 21
Fishing authorisations
A Union fishing vessel may not carry out fishing activities on stocks managed by an RFMO unless:








(-a)






the Union is a contracting party to the RFMO; [Am. 52]











(a)


it has been issued with a fishing authorisation by its flag Member State;










(b)


it has been included in the relevant register or list of 
authorised vessels of
 the RFMO; and [Am. 53]











(c)


where the fishing activities are carried out in third country waters: it has been issued a fishing authorisation by the relevant third country in accordance with Chapter II.




Article 22
Conditions for fishing authorisations by the flag Member States
A flag Member State may only issue a fishing authorisation if:






(a)


the eligibility criteria in Article 5 are fulfilled;










(b)


the rules laid down by the RFMO or the transposing Union legislation are complied with; and










(c)


where the fishing activities are carried out in third country waters: the criteria set out in Articles 11 or 18 are complied with.




Article 23
Registration by RFMOs
1.   A flag Member State shall send the Commission the list(s) of 
fishing
 vessels 
as defined in the Basic Regulation which are active and that, wherever applicable, have an associated record of catches,
 it has authorised for fishing activities under the auspices of an RFMO.
2.   The list(s) referred to in paragraph 1 shall be drawn up in accordance with the RFMO requirements and accompanied by the information in Annexes 1 and 2

the Annex
.
3.   The Commission may request any additional information that it deems necessary from the flag Member State 
within a period of 10 days after receiving the list referred to in paragraph 1. It shall provide a justification for any such request
.
4.   When it is satisfied that the conditions in Article 22 are met, 
and within a period of 15 days after receiving the list referred to in paragraph 1,
 the Commission shall send the list(s) of authorised vessels to the RFMO.
5.   If the RFMO register or list is not public, the Commission shall notify the flag Member State of the

circulate the list of authorised
 vessels included on it

to the Member States involved in the relevant fishery
. [Am. 54]

Chapter IV
Fishing activities by Union fishing vessels on the high seas
Article 24
Scope
This Chapter shall apply to fishing activities carried out on the high seas by Union fishing vessels exceeding 24 meters in overall length. [Am. 55]

Article 25
Fishing authorisations
A Union fishing vessel may not carry out fishing activities on the high seas unless:






(a)


it has been issued with a fishing authorisation by its

the
 flag Member State 
of that vessel based on a scientific evaluation assessing the sustainability of the proposed fishing activities which has been validated by its national scientific institute or, as appropriate, the scientific institute of a Member State with competence in the relevant fishery
; and [Am. 56]











(b)


the fishing authorisation has been notified to the Commission in accordance with Article 27.




Article 26
Conditions for fishing authorisations by the flag Member States
A flag Member State may only issue a fishing authorisation for fishing activities on the high seas if:








(a)




the eligibility criteria in Article 5 are fulfilled;












(b)






the planned fishing activities are:








—




based on an ecosystem-based approach to fisheries management as defined in point 9 of Article 4 of the Basic Regulation; and












—




in accordance with a scientific evaluation, taking into account the conservation of living marine resources and marine ecosystems, provided by the national scientific institute of the flag Member State
. [Am. 57]









Article 27
Notification to the Commission
A flag Member State shall notify the fishing authorisation to the Commission at least 15

8,5
 calendar days before the start of the planned fishing activities on the high seas, providing the information 
set out
 in Annexes 1 and 2

the Annex
. [Am. 58]

Chapter V
Chartering of Union fishing vessels
Article 28
Principles
1.   A Union fishing vessel may not carry out fishing activities under chartering arrangements where an SFPA is in force, unless otherwise provided for in that agreement.
2.   A Union vessel may not carry out fishing activities under more than one chartering arrangement at a time or engage in sub-chartering.


2a.
   
Union vessels shall operate under chartering agreements in waters under the auspices of an RFMO only if the State to which the vessel is chartered is a contracting party to that organisation.


3.   A chartered Union vessel may not use the fishing opportunities of its flag Member State 
during the period of the charter
. The catches of a chartered vessel shall be counted against the fishing opportunities of the chartering State.


3a.
   
Nothing in this Regulation shall diminish the responsibilities of the flag Member State with respect to its obligations under international law, Regulation (EC) No 1224/2009, Regulation (EC) No 1005/2008 or other provisions of the Common Fisheries Policy, including reporting requirements. [Am. 59]

Article 29
Management of fishing authorisations under a chartering arrangement
When issuing a fishing authorisation to a vessel in accordance with Articles 11, 18, 22 or 26, and when the relevant fishing activities are carried out under a chartering arrangement, the flag Member State shall verify that:






(a)


the chartering State’s competent authority has officially confirmed that the arrangement is in line with its national legislation; and










(b)




the details of
 the chartering arrangement is specified in the fishing authorisation 
including time period, fishing opportunities and fishing zone
. [Am. 60]





Chapter VI
Control and reporting obligations
Article 30
Observer programme data
If data are collected on board a Union fishing vessel under an observer programme 
in accordance with the legislation of the Union or of the RFMO
, the operator of that vessel shall send those data to its flag Member State. [Am. 61]

Article 31
Information to third countries
1.   When carrying out fishing activities under this Title, and if the sustainable fisheries partnership agreement with the third country so provides, an operator of a Union fishing vessel shall send the relevant catch declarations and landing declarations to the third country, and send

both
 its flag Member State a copy of that communication

and to the third country
.
2.   A flag Member State shall assess the consistency of the data sent to the third country, as referred to in paragraph 1, with the data it has received in accordance with Regulation (EC) No 1224/2009. 
In the event of inconsistency of data, the Member State shall investigate whether such inconsistency constitutes IUU fishing within the meaning of point (b) of Article 3(1) of Regulation (EC) No 1005/2008 and take appropriate action, pursuant to Articles 43 to 47 of that Regulation.


3.   The non-transmission of catch declarations and landing declarations to the third country referred to in paragraph 1 shall be considered a serious infringement for the purposes of applying the sanctions and other measures provided for by the common fisheries policy. The gravity of the infringement shall be determined by the competent authority of the Member State, taking into account criteria such as the nature of the damage, its value, the economic situation of the offender and the extent of the infringement or its repetition. [Am. 62]



Article 31a




RFMO membership requirements




A third country fishing vessel may only carry out fishing activities in Union waters on stocks managed by an RFMO if the third country is a contracting party to that RFMO. [Am. 63]

TITLE III
FISHING ACTIVITIES BY THIRD COUNTRY FISHING VESSELS IN UNION WATERS
Article 32
General principles
1.   A third country fishing vessel may not engage in fishing activities in Union waters unless it has been issued with a fishing authorisation by the Commission. 
It shall only be issued with such an authorisation if it fulfils the eligibility criteria set out in Article 5. [Am. 64]

2.   A third country fishing vessel authorised to fish in Union waters shall comply with the rules governing the fishing activities of Union vessels in the fishing zone in which it operates, and

. Should
 the provisions laid down in the relevant fisheries agreement 
be different, the provisions shall be stated explicitly either in that agreement or by means of rules agreed with the third country implementing the agreement
. [Am. 65]

3.   If a third country fishing vessel is sailing through Union waters without an authorisation issued under this Regulation, its fishing gear shall be lashed and stowed so that it is not readily usable for fishing operations.
Article 33
Conditions for fishing authorisations
The Commission may only issue an authorisation to a third country fishing vessel for fishing activities in Union waters if:








(-a)






there is a surplus of allowable catch that would cover the proposed fishing opportunities as required under Article 62(2) and (3) of UNCLOS;












(a)


the information in Annexes 1 and 2

the Annex
 about the fishing vessel and the associated support vessel(s) is complete and accurate; the vessel and any associated support vessel(s) have an IMO number 
when so required under Union legislation
;










(b)


the operator and

master of
 the fishing vessel
, as well as the fishing vessel concerned,
 have not been subject to any sanction for a serious infringement according to the national law of the Member State pursuant to Article 42 of Council Regulation (EC) No 1005/2008 and Article 90 of Council Regulation (EC) No 1224/2009 during the 12 months before the application for the fishing authorisation;










(c)


the fishing vessel is not on any IUU 
vessel
 list 
adopted by a third country, an RFMO or by the Union pursuant to Regulation (EC) No 1005/2008
 and/or the third country is not identified or listed as non-cooperating pursuant to Regulation (EC) No 1005/2008 or as allowing non-sustainable fishing pursuant to Regulation (EU) No 1026/2012;










(d)


the fishing vessel is eligible under the fisheries agreement with the third country concerned and, where appropriate, is on the list of vessels under that agreement. [Am. 66]





Article 34
Procedure for the issuing of fishing authorisations
1.   The third country shall send the Commission the applications for its fishing vessels before the deadline in the agreement concerned or that set by the Commission.
2.   The Commission may ask the third country for any additional information that it deems necessary.
3.   When it is satisfied that the conditions set out in Article 33 are met, the Commission shall issue a fishing authorisation and inform the third country and the Member States concerned of this.
Article 35
Monitoring fishing authorisations
1.   If a condition set out in Article 33 is no longer met, the Commission shall amend or withdraw the authorisation and inform the third country and the Member States concerned of this.
2.   The Commission may refuse, suspend or withdraw the authorisation in cases where a fundamental change of circumstances has occurred or in cases where overriding policy reasons









(a)




pertaining inter alia to international standards of human rights;












(b)






of imperative grounds of urgency related to a serious threat to the sustainable exploitation, management and conservation of marine biological resources;














(c)





or to the fight against

where action is needed to prevent a serious infringement pursuant to Article 42 of Regulation (EC) No 1005/2008 or Article 90(1) of Regulation (EC) No 1224/2009, related to
 illegal, unreported or unregulated fishing; or












(d)





warrant such action or in cases where, for such or any other reason of overriding policy the Union has decided to suspend or sever relations with the third country concerned.






The Commission shall immediately inform the third country in the event that it refuses, suspends or withdraws the authorisation in accordance with the first subparagraph. [Am. 67]

Article 36
Closure of fishing activities
1.   Where fishing opportunities granted to a third country are deemed to have been exhausted, the Commission shall immediately notify it and the competent inspection authorities of the Member States of this. To ensure the continuance of fishing activities of non-exhausted fishing opportunities, which may also affect the exhausted opportunities, the third country shall submit to the Commission technical measures preventing any negative impact on the exhausted fishing opportunities. From the date of the notification referred to in paragraph 1, the fishing authorisations issued to vessels flying the flag of that third country concerned shall be considered to be suspended for the fishing activities concerned and the vessels shall no longer be authorised to engage in those fishing activities.
2.   Fishing authorisations shall be considered to be withdrawn where a suspension of fishing activities in accordance with paragraph 2 concerns all the activities for which they have been granted.
3.   The third country shall ensure that the fishing vessels concerned are informed immediately of the application of this Article and that they cease all fishing activities concerned.
Article 37
Overfishing of quotas in Union waters
1.   When the Commission establishes that a third country has exceeded the quotas it has been allocated for a stock or group of stocks, the Commission shall make deductions from the quotas allocated to that country for that stock or group of stocks in subsequent years. 
The amount of the reduction shall be consistent with Article 105 of Regulation (EC) No 1224/2009. [Am. 68]

2.   If a deduction pursuant to paragraph 1 cannot be made on the quota for a stock or group of stocks that was overfished as such because that quota for a stock or group of stocks is not sufficiently available to the third country concerned, the Commission may, after consultation with the third country concerned, make deductions from quotas in subsequent years for other stocks or groups of stocks available to that third country in the same geographical area, or to the corresponding commercial value.
Article 38
Control and enforcement
1.   A third country vessel authorised to fish in Union waters shall comply with the control rules governing the fishing activities of Union vessels in the fishing zone in which it operates.
2.   A third country vessel authorised to fish in Union waters shall provide to the Commission or the body designated by it, and, where relevant, to the coastal Member State, the data which Union vessels are required to send to the flag Member State under Regulation (EC) No 1224/2009.
3.   The Commission, or the body designated by it, shall send the data referred to in paragraph 2 to the coastal Member State.
4.   A third country vessel authorised to fish in Union waters shall provide upon request to the Commission or the body designated by it the observer reports produced under applicable observer programmes.
5.   A coastal Member State shall record all infringements committed by third country fishing vessels, including the related sanctions, in the national register provided for in Article 93 of Regulation (EC) No 1224/2009.
6.   The Commission shall send the information referred to in paragraph 5 to the third country to ensure that appropriate measures are taken by the third country.
Paragraph 1 shall be without prejudice to the consultations between the Union and third countries. In this respect the Commission shall be empowered to adopt delegated acts, in accordance with Article 44, to implement into Union law the outcome of consultations with third countries in respect of access arrangements.
TITLE IV
DATA AND INFORMATION
Article 39
Union fishing authorisation register
1.   The Commission shall set up and maintain an electronic Union fishing authorisation register 
containing all fishing authorisations granted in accordance with Titles II and Title III
, made of a public part and a secure part. That register shall:






(a)


record all information 
set out
 in Annexes 1 and 2

the Annex
 and display the status of each authorisation in real time;










(b)


be used for data and information exchange between the Commission and a Member State; and










(c)


be used for the purposes of sustainable management of fishing fleets only.




2.   The list of fishing authorisations in the register shall be publicly accessible and contain each of the following information:






(a)


name and flag of the vessel 
and its CFR and IMO numbers where required under Union legislation
;












(aa)






name, city and country of residence of the company owner and of the beneficial owner;












(b)


type of authorisation 
including fishing opportunities
; and










(c)


authorised time and zone of fishing activity (start and end dates; fishing zone).




3.   A Member State shall use the register to submit fishing authorisations to the Commission and to keep its details updated, as required under Articles 12, 19, 23 and 27. [Am. 69]

Article 40
Technical requirements
The exchange of information referred to in Titles II, III and IV shall be carried out in an electronic format. The Commission may adopt implementing acts, without prejudice to the provisions of Directive 2007/2/EC of the European Parliament and of the Council (15), establishing technical operational requirements for the recording, formatting and transmission of the information referred to in those Titles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 45(2).


To make a Union fishing authorisation register operational and to enable Member States to meet the technical transmission requirements, the Commission shall provide technical assistance to the Member States concerned. In order to do so, it shall help national authorities to forward the information that operators are required to supply for each type of authorisation and, by … [six months after the date of entry into force of this Regulation], develop an IT application for the Member States to enable them to transfer to the Union fishing authorisation register automatically and in real time data concerning applications for authorisations and the characteristics of vessels. [Am. 70]



For the technical and financial support for the transfer of information, Member States may draw on financial aid from the European Maritime and Fisheries Fund pursuant to point (a) of Article 76(2) of Regulation (EU) No 508/2014 of the European Parliament and of the Council
 (16)
. [Am. 71]

Article 41
Access to data
Without prejudice to Article 110 of Regulation (EC) No 1224/2009, the Member States or the Commission shall grant access to the secure part of the Union fishing authorisation register referred to in Article 39 to the relevant competent administrative services involved in the management of fishing fleets.
Article 42
Data management, protection of personal data and confidentiality
Data obtained under this Regulation shall be handled in accordance with Articles 109, 110, 111, and 113 of Regulation (EC) No 1224/2009, Regulation (EC) No 45/2001 and Directive 95/46/EC and its national implementing rules.
Article 43
Relations with third countries and RFMOs
1.   When a Member State receives information from a third country or an RFMO which is relevant for the effective application of this Regulation, it shall communicate that information to the other Member States concerned and to the Commission or the body designated by it, provided that it is permitted to do so under bilateral agreements with that third country or the rules of the RFMO concerned.
2.   The Commission or the body designated by it may, in the framework of fisheries agreements concluded between the Union and third countries, under the auspices of RFMOs or similar fisheries organisations to which the Union is a contracting party or a non-contracting cooperating 
non-contracting
 party, communicate relevant information concerning non-compliance with the rules of this Regulation, or serious infringements referred to in point (a) of Article 42(1) of Regulation (EC) No 1005/2008 and in Article 90(1) of Regulation (EC) No 1224/2009, to other parties to those agreements or organisations subject to the consent of the Member State that supplied the information and in accordance with Regulation (EC) No 45/2001. [Am. 72]

TITLE V
PROCEDURES, DELEGATION AND IMPLEMENTING MEASURES
Article 44
Exercise of the delegation
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 referred to in Article 5(2) shall be conferred on the Commission 
for a period of five years from … [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 73]

3.   The delegation of power referred to in Article 5(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke 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.
3a.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
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 5(2) 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 of the Council.
Article 45
Committee procedure
1.   The Commission shall be assisted by the Committee for Fisheries and Aquaculture established under Article 47 of the Basic Regulation. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2.   Where reference is made to this paragraph Article 5 of Regulation (EU) No 182/2011 shall apply.
3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
TITLE VI
FINAL PROVISIONS
Article 46
Repeal
1.   Regulation (EC) No 1006/2008 is repealed.
2.   References to the repealed Regulation shall be construed as references to this Regulation.
Article 47
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





(2)  OJ C 303, 19.8.2016, p. 116.

(1)  Position of the European Parliament of 2 February 2017 and decision of the Council of … .

(2)  Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).

(3)  Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1).

(4)  Council Decision 98/414/EC of 8 June 1998 on the ratification by the European Community of the Agreement for the implementing of the provisions of the United Nations Convention of the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 14).

(5)  Council Decision 96/428/EC of 25 June 1996 on acceptance by the Community of the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas (OJ L 177, 16.7.1996, p. 24).

(6)  United Nations General Assembly Resolution A/Res/66/288 of 27 July 2012 on the outcome of the Rio + 20 Conference, entitled ‘The Future We Want’.

(7)  Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy (OJ L 354, 28.12.2013, p. 22).

(8)  Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

(9)  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 (OJ L 343, 22.12.2009, p. 1).

(10)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

(11)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(12)  OJ L 123, 12.5.2016, p. 1.

(13)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(14)  Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (OJ L 316, 14.11.2012, p. 34).

(15)  Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

(16)  
Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).




Annex 1


List of information to be provided for issuing a fishing authorisation








I




APPLICANT






1




Name of the economic operator (*1)







2




Email (*1)







3




Address






4




Fax






5




Tax number (SIRET, NIF…) (*1)







6




Telephone






7




Name of the agent (according to protocol’s provisions) (*1)







8




Email (*1)







9




Address






10




Fax






11




Telephone






12




Name of association or agent representing the economic operator (*1)







13




Email (*1)







14




Address






15




Fax






16




Telephone






17




Name(s) of master(s) (*1)







18




Email (*1)







19




Nationality (*1)







20




Fax






21




Telephone















II




VESSEL IDENTIFICATION, TECHNICAL CHARATERISTICS AND EQUIPMENT






22




Vessel name (*1)







23




Flag State (*1)







24




Date on which current flag was acquired (*1)







25




External marking (*1)







26




IMO (UVI) number (*1)







27




CFR number (*1)







28




International Radio Call Sign (IRCS) (*1)







29




Call frequency (*1)







30




Satellite telephone number






31




MMSI (*1)







32




Year and place of construction (*1)







33




Previous flag and date of acquisition (where applicable) (*1)







34




Hull material: steel / wood / polyester / other (*1)







35




VMS transponder (*1)







36




Model (*1)







37




Serial number (*1)







38




Software version (*1)







39




Satellite operator (*1)







40




VMS Manufacturer (name)






41




Vessel overall length (*1)







42




Vessel width (*1)







43




Draught (*1)







44




Tonnage (in GT) (*1)







45




Main Engine Power (kW) (*1)







46




Engine type






47




Mark






48




Engine serial number (*1)
















III




FISHING CATEGORY FOR WHICH FISHING AUTHORISATION IS REQUESTED






49




Vessel type FAO code (*1)







50




Gear type FAO code (*1)







53




Fishing Areas FAO code (*1)







54




Fishing Divisions — FAO- or Costal State (*1)







55




Landing port(s)






56




Transhipment port(s)






57




Target Species FAO code or Fishing category (SFPA) (*1)







58




Authorisation period requested (start and end dates)






59




RFMOs register number (*1) (when known)






60




Date of entry into the RFMO register (*1)(when known)






61




Maximum total crew size (*1):






62




From [PARTNER COUNTRY]:






63




From the ACP:






64




Method of fish preservation/transformation on board (*1): Fresh fish / Cooling / Freezing / Fish meal / Oil / Filleting






65




List of support vessels: name / IMO number / CFR number















IV




CHARTERING






66




Vessel operating under chartering arrangement (*1): Yes / No






67




Type of chartering arrangement






68




Period of chartering (start and end dates) (*1)







69




Fishing opportunities (tons) allocated to the vessel under chartering (*1)







70




Third country allocating fishing opportunities to the vessel under chartering (*1)







Attachments (list documents):
[Am. 74]



(*1)  mandatory fields (for items 22 to 25 and 28 to 48, may not be filled in if the information can be automatically retrieved from the Union fleet register thanks to the CFR or IMO number)




Annex 2


List of information to be provided for a support vessel supporting a fishing vessel described in Annex 1








I




OPERATOR OF THE SUPPORT VESSEL






1




Name of the economic operator (*1)







2




Email (*1)







3




Address






4




Fax






5




Tax number (SIRET, NIF…) (*1)







6




Telephone






7




Name of the agent (according to protocol’s provisions) (*1)







8




Email (*1)







9




Address






10




Fax






11




Telephone






12




Name of association or agent representing the economic operator (*1)







13




Email (*1)







14




Address






15




Fax






16




Telephone






17




Name(s) of master(s) (*1)







18




Email (*1)







19




Nationality (*1)







20




Fax






21




Telephone















II




SUPPORT VESSEL IDENTIFICATION, TECHNICAL CHARATERISTICS AND EQUIPMENT






22




Vessel name (*1)







23




Flag State (*1)







24




Date on which current flag was acquired (*1)







25




External marking (*1)







26




IMO (UVI) number (*1)







27




CFR number (for Union vessels, if known) (*1)







28




International Radio Call Sign (IRCS) (*1)







29




Call frequency (*1)







30




Satellite telephone number






31




MMSI (*1)







32




Year and place of construction






33




Previous flag and date of acquisition (where applicable) (*1)







34




Hull material: steel / wood / polyester / other






35




VMS transponder






36




Model






37




Serial number






38




Software version






39




Satellite operator






40




VMS Manufacturer (name)






41




Vessel overall length






42




Vessel width






43




Draught






44




Tonnage (in GT)






45




Main Engine Power (kW)






47




Engine type






48




Mark






49




Engine serial number















III




INFORMATIONS ON FISHING ACTIVITIES SUPPORTED






50




Fishing Areas FAO code






51




Fishing Divisions — FAO






52




Target Species FAO code






53




RFMOs register number (*1)







54




Date of entry into the RFMO register






Attachments (list documents):
[Am. 75]



(*1)  mandatory fields (for items 22 to 25 and 28 to 33, may not be filled in for a Union flagged support vessel if the information can be automatically retrieved from the Union fleet register thanks to the CFR number)





Annex




List of information to be provided for issuing a fishing authorisation










I






APPLICANT








1






Vessel Identifier (IMO number, CFR number, etc.)








2






Vessel name








3








Name of the economic operator

 (*1)









4








Email

 (*1)









5






Address








6






Fax








7








Tax number (SIRET, NIF…)

 (*1)









8






Telephone








9






Name of the owner








10








Email

 (*1)









11






Address








12






Fax








13






Telephone








14








Name of association or agent representing the economic operator

 (*1)









15








Email

 (*1)









16






Address








17






Fax








18






Telephone








19








Name(s) of master(s)

 (*1)









20








Email

 (*1)









21








Nationality

 (*1)









22






Fax








23






Telephone

















II






FISHING CATEGORY FOR WHICH FISHING AUTHORISATION IS REQUESTED








Type of authorisation (fisheries agreement, direct authorisation, RFMO, high seas, charter, support vessel)








24








Vessel type FAO code

 (*1)









25








Gear type FAO code

 (*1)









26








Fishing Areas FAO code

 (*1)









27








Target Species FAO code or Fishing category (SFPA)

 (*1)









28






Authorisation period requested (start and end dates)








29








RFMOs register number

 (*1)

(when known)










30






List of support vessels: name / IMO number / CFR number

















III






CHARTERING








31








Vessel operating under chartering arrangement:

 (*1)

Yes / No










32






Type of chartering arrangement








33








Period of chartering (start and end dates)

 (*1)









34








Fishing opportunities (tons) allocated to the vessel under chartering

 (*1)









35








Third country allocating fishing opportunities to the vessel under chartering

 (*1)








[Am. 76]



(*1)  
mandatory fields (for items 22 to 25 and 28 to 48, may not be filled in if the information can be automatically retrieved from the Union fleet register thanks to the CFR or IMO number)