Amendments adopted by the European Parliament on 16 January 2018 on the proposal for a regulation of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 1224/2009 and Regulations (EU) No 1343/2011 and (EU) No 1380/2013 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (COM(2016)0134 — C8-0117/2016 — 2016/0074(COD))
Date: 2018-01-16
Institutions: Committee on Development, Committee on Fisheries, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: catch quota, common fisheries policy, conservation of fish stocks, fishery resources, fishing area, fishing regulations, marine ecosystem, protection of animal life, sea fishing




C_2018458EN.01008701.xml










19.12.2018   


EN


Official Journal of the European Union


C 458/87






P8_TA(2018)0003
Conservation of fishery resources and protection of marine ecosystems through technical measures ***I
Amendments adopted by the European Parliament on 16 January 2018 on the proposal for a regulation of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 1224/2009 and Regulations (EU) No 1343/2011 and (EU) No 1380/2013 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (COM(2016)0134 — C8-0117/2016 — 2016/0074(COD)) (1)

(Ordinary legislative procedure: first reading)
(2018/C 458/11)

Amendment 1


Proposal for a regulation


Title








Text proposed by the Commission




Amendment





REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 1224/2009 and 
Regulations
 (EU) 
No 1343/2011 and (EU)
 No 1380/2013 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005


REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conservation of fishery resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 1224/2009 and 
Regulation
 (EU) No 1380/2013 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 
and Commission Regulation (EC) No 494/2002







Amendment 2


Proposal for a regulation


Recital 2 a (new)








Text proposed by the Commission




Amendment





 










(2a)






Simplification of the existing rules is necessary for a better understanding and compliance by operators, national authorities and stakeholders. The consultation process of the Advisory Councils should be respected in accordance with Regulation (EU) No 1380/2013, and attention should be paid to ensure that all objectives on conservation and sustainability are fully respected.











Amendment 3


Proposal for a regulation


Recital 2 b (new)








Text proposed by the Commission




Amendment





 










(2b)






Simplification of the current rules on technical measures should not result in a weakening of the standards of conservation and sustainability.











Amendment 4


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)


There is a need to develop a framework for the regulation of technical measures. That framework should establish general rules to apply across all Union waters and provide for the creation of technical measures that take account of the regional specificities of fisheries through the process of regionalisation introduced by the CFP.












(3)


There is a need to develop a framework for the regulation of technical measures. That framework should establish general rules to apply across all Union waters and provide for the creation of technical measures that take account of the regional specificities of fisheries through the process of regionalisation introduced by the CFP. 
That process should make it possible to combine effectively the common rules and local situations and situations per zone. However, the process should not result in a kind of renationalisation of the CFP, and it is important that the Advisory Councils should continue to ensure that regionalisation takes place under a Union approach in accordance with Recital 14 of Regulation (EU) No 1380/2013.











Amendment 5


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


The framework should cover the taking and landing of fisheries resources as well as the operation of fishing gears and the interaction of fishing activities with marine ecosystems.












(4)


The framework should cover the taking and landing of fisheries resources as well as the operation of fishing gears and the interaction of fishing activities with marine ecosystems 
and also take into account socio-economic dynamics
.









Amendment 6


Proposal for a regulation


Recital 6








Text proposed by the Commission




Amendment











(6)




Technical measures where relevant should apply to
 recreational fisheries 
which
 can have a significant impact on the stocks of fish and 
shellfish
 species.












(6)


Recreational fisheries can have a significant impact on the 
marine environment,
 stocks of fish and 
other
 species
, and should therefore be subject to technical measures
.









Amendment 7


Proposal for a regulation


Recital 6 a (new)








Text proposed by the Commission




Amendment





 










(6a)






Fish caught by recreational anglers (hook and line fishing) are released with a high survival rate, until proven otherwise by scientific evidence.











Amendment 8


Proposal for a regulation


Recital 6 b (new)








Text proposed by the Commission




Amendment





 










(6b)






The landing obligation applies, pursuant to Regulation (EU) No 1380/2013, to all catches of species which are subject to catch limits. However, where specimens of those species are caught and immediately released in recreational fisheries and scientific evidence demonstrates high survival rates for those species, as may be the case for fish caught by recreational fishermen using angling equipment, it should be possible to exclude the fisheries concerned from the landing obligation by applying procedures set out in that Regulation, in particular by adopting measures to that effect under multiannual plans and/or discard plans.











Amendment 9


Proposal for a regulation


Recital 7








Text proposed by the Commission




Amendment











(7)


Technical measures should contribute to achieving the CFP objectives 
to fish at maximum sustainable yield levels, reduce unwanted catches and eliminate discards and to contribute to the achievement of good environmental status (GES) as set out in Directive 2008/56/EC of the European Parliament and of the Council

 (18).












(7)


Technical measures should contribute to achieving the CFP objectives.









Amendment 10


Proposal for a regulation


Recital 7 a (new)








Text proposed by the Commission




Amendment





 










(7a)






Technical measures should be proportionate to the objectives pursued. Their potential economic and social impact should be considered before they are adopted.











Amendment 11


Proposal for a regulation


Recital 7 b (new)








Text proposed by the Commission




Amendment





 










(7b)






The enforcement and implementation of technical measures, operational programmes and, where relevant, the issuing of licences, restrictions on the construction and operation of vessels and certain gear, should not be prejudicial to achieving better health and safety standards for vessels conducting fishing operations and fishing activities.











Amendment 12


Proposal for a regulation


Recital 7 c (new)








Text proposed by the Commission




Amendment





 










(7c)






Technical measures adopted under this Regulation should be coherent with the Strategic Plan for Biodiversity 2011 — 2020, adopted under the UN Convention on Biological Diversity, and support the implementation of the EU 2020 Biodiversity Strategy, in particular the target to ensure the sustainable use of fisheries resources and the actions relating thereto.











Amendment 13


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment











(8)


Technical measures should specifically 
provide
 protection 
for
 juveniles and spawning aggregations of fish through the use of selective fishing gears and avoidance measures. Technical measures should also 
minimise
 and 
eliminate
 where possible, the impacts of fishing gears on the marine ecosystem and in particular on sensitive species and habitats. 
They
 should also contribute to having in place management measures for the purposes of complying with obligations under Council Directive 92/43/EEC (19), Directive 2009/147/EC of the European Parliament and of the Council (20) and Directive 2008/56/EC.












(8)


Technical measures should specifically 
contribute to the
 protection 
of
 juveniles and spawning aggregations of fish through the use of selective fishing gears and avoidance measures. Technical measures should also 
contribute to minimising
 and, where possible, 
eliminating
 the 
negative
 impacts of fishing gears on the marine ecosystem and in particular on sensitive species and habitats. 
Incentives should be granted to encourage the use of gear and practices that have a low impact on the environment. Technical measures
 should also contribute to having in place management measures for the purposes of complying with obligations under Council Directive 92/43/EEC (19), Directive 2009/147/EC of the European Parliament and of the Council (20) and Directive 2008/56/EC.









Amendment 14


Proposal for a regulation


Recital 8 a (new)








Text proposed by the Commission




Amendment





 










(8a)






The incidental catching of sensitive species should be addressed in a comprehensive manner across all fisheries and gear types in view of the strict level of protection they are afforded under Directives 92/43/EEC, 2009/147/EC and 2008/56/EC, their high level of vulnerability and the obligation to achieve a good environmental status by 2020.











Amendment 15


Proposal for a regulation


Recital 9








Text proposed by the Commission




Amendment











(9)


To evaluate the effectiveness of technical measures, 
targets
 relating to the 
levels of unwanted catches; to the level of bycatches
 of sensitive species 
and
 to the 
extent of seabed
 habitats 
adversely affected by
 fishing; should be established that reflect the objectives of the CFP, Union environmental legislation (in particular 
Council
 Directive 92/43 and Directive 2000/60/EC of the European Parliament and of the Council) (21)

, and international best practice
.












(9)


To evaluate the effectiveness of technical measures, 
performance indicators
 relating to the 
reduction of catches of fish below the minimum conservation reference size and incidental catches
 of sensitive species 
as well as
 to the 
reduction of negative environmental impacts on marine
 habitats 
as a result of
 fishing should be established that reflect the objectives of the CFP 
and
 Union environmental legislation (in particular Directive 92/43
/EEC, Directive 2009/147/EC
 and Directive 2000/60/EC of the European Parliament and of the Council) (21).









Amendment 16


Proposal for a regulation


Recital 9 a (new)








Text proposed by the Commission




Amendment





 










(9a)






Member States should make the broadest possible use of the available measures in Regulation (EU) No 508/2014 of the European Parliament and of the Council

 (1a)

to support fishermen in implementing technical measures and ensure that the socio-economic objectives of the CFP are taken into account.











Amendment 17


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


Certain destructive fishing gears or methods which use explosives, poisons, stupefying substances, electric current, pneumatic hammers or other percussive instruments; towed devices and grabs for harvesting red coral or other type of corals and coral-like species and certain spear-guns should be prohibited 
except in the specific case of the electric pulse trawl which may be used under certain strict conditions
.












(11)


Certain destructive fishing gears or methods which use explosives, poisons, stupefying substances, electric current, pneumatic hammers or other percussive instruments; towed devices and grabs for harvesting red coral or other type of corals and coral-like species and certain spear-guns should be prohibited. 
In this regard it is necessary to ensure that there is appropriate knowledge about the impacts of innovative fishing gear including cumulative effects, before use of the gear is widely adopted. Additionally, a system for monitoring, control and evaluation should be in place, serving for enforcement and research as well as evaluation purposes. Finally, current licences should be made subject to scientific reassessment, before being given a permanently ‘non-prohibited’ status.











Amendment 18


Proposal for a regulation


Recital 11 a (new)








Text proposed by the Commission




Amendment





 










(11a)






There is a need for detailed and quantified knowledge concerning the impacts of innovative fishing gear including their cumulative effects on the marine environment and species, before their use is widely adopted on a commercial scale. An effective programme of monitoring and evaluation should be established.











Amendment 20


Proposal for a regulation


Recital 15








Text proposed by the Commission




Amendment











(15)


For certain 
rare
 fish species
, such as species of sharks and rays,
 even limited fishing activity could result in a serious risk to their conservation. To protect such species a general prohibition on fishing for them should be introduced.












(15)


For certain fish species 
that are rare or whose biological characteristics make them especially vulnerable to overexploitation,
 even limited fishing activity could result in a serious risk to their conservation. To protect such species a general prohibition on fishing for them should be introduced.









Amendment 21


Proposal for a regulation


Recital 21








Text proposed by the Commission




Amendment











(21)


In order to assist the catching sector 
implement
 the landing obligation, Member States should put in place measures to facilitate the storage and the finding of outlets for marine species which are below the minimum conservation reference size. These measures should include support for investment in the construction and adaptation of landing sites and shelters or support for investment to add value to fishery products.












(21)


In order to assist the catching sector 
with the implementation of
, 
and ensure a level playing field by having full compliance with,
 the landing obligation, Member States should put in place measures to facilitate the storage and the finding of outlets for marine species which are below the minimum conservation reference size. These measures should include support for investment in the construction and adaptation of landing sites and shelters or support for investment to add value to fishery products.









Amendment 22


Proposal for a regulation


Recital 23








Text proposed by the Commission




Amendment











(23)


In cases where scientific advice indicates that there are significant unwanted catches of species 
which are not subject to catch limits and therefore not subject to the application of the landing obligation
, Member States should carry out pilot projects with the aim of exploring ways to reduce such catches and with a view to introducing appropriate technical measures to achieve this aim.












(23)


In cases where scientific advice indicates that there are significant unwanted catches of species, Member States should carry out pilot projects with the aim of exploring ways to reduce such catches and with a view to introducing appropriate technical measures to achieve this aim.









Amendment 23


Proposal for a regulation


Recital 24








Text proposed by the Commission




Amendment











(24)


Where no technical measures are in place at regional level 
then
 defined baseline standards should apply. Those baseline standards should be derived from existing technical measures, taking account of STECF advice and the opinions of stakeholders. They should consist of baseline mesh sizes for towed gears and static nets, minimum conservation reference sizes, closed or restricted areas, nature conservation measures to 
mitigate against bycatches
 of marine mammals and seabirds in certain areas and any other regionally specific measures currently in existence that are still required to ensure conservation objectives continue to be met until such times measures are put in place under regionalisation.












(24)


Where no technical measures are in place at regional level, defined baseline standards should apply. Those baseline standards should be derived from existing technical measures, taking account of STECF advice and the opinions of stakeholders. They should consist of baseline mesh sizes for towed gears and static nets, minimum conservation reference sizes, closed or restricted areas, nature conservation measures to 
minimise, and, where possible, eliminate incidental catches
 of marine mammals and seabirds in certain areas and any other regionally specific measures currently in existence that are still required to ensure conservation objectives continue to be met until such times measures are put in place under regionalisation.









Amendment 24


Proposal for a regulation


Recital 25








Text proposed by the Commission




Amendment











(25)


Member States in 
conjunction with stakeholders can
 develop joint recommendations for appropriate technical measures that deviate from the baselines in accordance with the regionalisation process set out in the CFP.












(25)


Member States, in 
close cooperation with the relevant Advisory Councils, should be able to
 develop joint recommendations for appropriate technical measures
, based on the best available scientific advice,
 that deviate from the baselines 
to adapt the technical measures to regional specificities of fisheries
 in accordance with the regionalisation process set out in the CFP
, even if there is no multiannual plan
.









Amendment 25


Proposal for a regulation


Recital 26








Text proposed by the Commission




Amendment











(26)


Such regional technical measures should as a minimum 
be equivalent in terms of
 exploitation patterns and protection 
for sensitive species and habitats
 as the baseline standards.












(26)




Regionalisation should be used to create tailor-made measures that consider the specificities of each fisheries area including safeguarding their sensitive species and habitats.
 Such regional technical measures should 
be sustainable and
 as a minimum 
ensure the same
 exploitation patterns and 
level of
 protection as the baseline standards. 
The adoption of any regional technical measure should be based on the best available scientific advice.











Amendment 26


Proposal for a regulation


Recital 26 a (new)








Text proposed by the Commission




Amendment





 










(26a)






Decisions taken by regional groups of Member States under regionalisation should meet the same standards of democratic oversight as those in the Member States concerned.











Amendment 27


Proposal for a regulation


Recital 26 b (new)








Text proposed by the Commission




Amendment





 










(26b)






Regionalisation should be used as a tool to encourage the participation of all relevant stakeholders, including non-governmental organisations, and empower fishermen and their engagement so that they can work in close cooperation with Member States, Advisory Councils and scientists, to create tailor-made measures that consider the specificities of each fishing area and safeguard their environmental conditions.











Amendment 28


Proposal for a regulation


Recital 27 a (new)








Text proposed by the Commission




Amendment





 










(27a)






Where there is a direct management interest concerning a single Member State, proposals for individual technical measures may be submitted, to modify existing conservation measures, subject to consultation of the relevant Advisory Councils.











Amendment 29


Proposal for a regulation


Recital 28








Text proposed by the Commission




Amendment











(28)


In developing joint recommendations to adopt alternative size and species selective gears to the baseline mesh sizes 
in multiannual plans
 regional groups of Member States should ensure that such gears result in, as a minimum, similar or improved selectivity patterns as the baseline gears.












(28)


In developing joint recommendations to adopt alternative size and species selective gears to the baseline mesh sizes, regional groups of Member States should ensure that such gears result in, as a minimum, similar or improved selectivity patterns as the baseline gears.









Amendment 30


Proposal for a regulation


Recital 29








Text proposed by the Commission




Amendment











(29)


In developing joint recommendations to amend or establish new closed or restricted areas 
in multiannual plans
 to protect juveniles and spawning aggregations, regional groups of Member States should define the specifications, extent, duration, gear restrictions and control and monitoring arrangements in their joint recommendations.












(29)


In developing joint recommendations to amend or establish new closed or restricted areas to protect juveniles and spawning aggregations, regional groups of Member States should define the specifications, extent, duration, gear restrictions and control and monitoring arrangements in their joint recommendations.









Amendment 31


Proposal for a regulation


Recital 30








Text proposed by the Commission




Amendment











(30)


In developing joint recommendations to amend or establish minimum conservation reference sizes 
in multiannual plans
, regional groups of Member States should 
ensure
 the objectives of the CFP 
are not jeopardised
 by ensuring that the protection of juveniles of marine species 
should be
 respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created.












(30)


In developing joint recommendations to amend or establish minimum conservation reference sizes, regional groups of Member States should 
contribute to achieving
 the objectives of the CFP by ensuring that the protection of juveniles of marine species 
is fully
 respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created.









Amendment 32


Proposal for a regulation


Recital 31








Text proposed by the Commission




Amendment











(31)


The creation of real-time closures in conjunction with moving-on provisions as an additional measure for the protection of juveniles or spawning aggregations should be allowed as an option to be developed under joint recommendations. The conditions for the establishment and lifting of such areas as well as the control and monitoring arrangements should be defined in the relevant joint recommendations.












(31)


The creation of real-time closures in conjunction with moving-on provisions as an additional measure for the protection of juveniles or spawning aggregations 
or sensitive species
 should be allowed as an option to be developed under joint recommendations. The conditions for the establishment and lifting of such areas
, including exemptions where appropriate,
 as well as the control and monitoring arrangements should be defined in the relevant joint recommendations.









Amendment 33


Proposal for a regulation


Recital 32








Text proposed by the Commission




Amendment











(32)


On the basis of scientific assessment of the impacts of innovative gears, duly evaluated by the STECF, the use 
of such
 or extension 
to the
 use of 
novel
 gears
, such as the electric pulse trawl
 could be included as an option in joint recommendations from regional groups of Member States. The use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative impacts on sensitive habitats 
and
 non-target species.












(32)


On the basis of scientific assessment of the impacts of innovative gears, duly evaluated by the STECF, 
including the potential negative impact of certain gears,
 the use or 
the
 extension 
of
 use of 
innovative
 gears could be included as an option in joint recommendations from regional groups of Member States. The use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative 
direct or cumulative
 impacts on 
marine habitats, especially
 sensitive habitats 
or
 non-target species
, or compromise the achievement of a good environmental status of marine waters
.









Amendment 268


Proposal for a regulation


Recital 32 a (new)








Text proposed by the Commission




Amendment





 










(32a)






Regional groups should develop additional mitigation measures based on gear type, using scientific advice and best practice to minimise and, where possible, eliminate bycatches of seabirds and marine mammals, aligned with Council Directive 92/43/EEC and Council Directive 79/409/EEC

 (1a)

and the Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas of 17 March 1992, as amended (ASCOBANS).











Amendment 34


Proposal for a regulation


Recital 33








Text proposed by the Commission




Amendment











(33)


In order to minimise 
the bycatches
 of sensitive species and impacts of fishing gears on sensitive habitats, regional groups of Member States should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats. Where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then Member States should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region. In particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds.












(33)


In order to minimise 
and, where possible, eliminate the incidental catches
 of sensitive species and impacts of fishing gears on sensitive habitats, regional groups of Member States should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats. Where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then Member States should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region 
to safeguard the marine environment, local fish stocks and the local coastal communities concerned
. In particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds.









Amendment 35


Proposal for a regulation


Recital 35








Text proposed by the Commission




Amendment













(35)






In order to maintain existing detailed recommendations agreed by the North East Atlantic Fisheries Commission (NEAFC) 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 Commission in respect of lists of vulnerable marine ecosystems and also specific technical measures related to defined measures to protect blue ling and redfish. The Commission should also be empowered to adopt delegated acts in respect of the incorporation into Union law of future amendments of those measures adopted by NEAFC which form the subject matter of certain expressly defined non-essential elements of this Regulation and which become binding upon the Union in accordance with the terms of this Convention. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.










deleted







Amendment 36


Proposal for a regulation


Recital 36








Text proposed by the Commission




Amendment











(36)


In order not to hinder scientific research, 
artificial
 restocking and transplantation, the provisions of this Regulation should not apply to operations which may be necessary for the conducting of such activities.












(36)


In order not to hinder scientific research, 
direct
 restocking and transplantation, the provisions of this Regulation should not apply to operations which may be necessary for the conducting of such activities.









Amendment 37


Proposal for a regulation


Recital 37








Text proposed by the Commission




Amendment











(37)


Where available scientific advice indicates that immediate action is required to protect marine species, the Commission should be able in duly justified cases to adopt immediately applicable delegated acts establishing technical measures to alleviate such threats, in addition to or by way of derogation to this Regulation or technical measures otherwise fixed in accordance with Union law. Those measures should be designed in particular to address unexpected changes in stock patterns as a result of high or low levels of recruitment of juveniles into a stock, to provide protection for spawning fish or shellfish when stocks are at very low levels or other changes in the conservation status of fish stocks which may threaten the status of a stock. 
They
 could include restrictions on the use of towed or static gears or on fishing activities in certain areas or during certain periods.












(37)


Where 
the best
 available scientific advice indicates that immediate action is required to protect marine species 
and habitats
, the Commission should be able in duly justified cases to adopt immediately applicable delegated acts establishing technical measures to alleviate such threats, in addition to or by way of derogation to this Regulation or technical measures otherwise fixed in accordance with Union law. Those measures should be designed in particular to address unexpected changes in stock patterns as a result of high or low levels of recruitment of juveniles into a stock, 
or incidental catches of sensitive species,
 to provide protection for spawning fish or shellfish when stocks are at very low levels or other changes in the conservation status of fish stocks 
or sensitive species,
 which may threaten the status of a stock
, as well as to address deterioration of species populations and habitats due to fishing impacts and to provide for any other necessary conservation measures. Such measures
 could include restrictions on the use of towed or static gears or on fishing activities in certain areas or during certain periods.









Amendment 38


Proposal for a regulation


Recital 38








Text proposed by the Commission




Amendment











(38)


The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to update the list of fish and shellfish for which directed fishing is prohibited; to update the list of sensitive areas where fishing should be restricted; to adopt technical measures as part of multiannual plans; and to adopt technical measures as part of temporary discard plans. It is of particular importance that the Commission carry 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 to the Council.












(38)


The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission 
to define, for the purpose of establishing performance indicators for technical measures in relation to catches of fish below the minimum conservation reference size, key fisheries and the levels of such catches that apply to those key fisheries,
 to update the list of fish and shellfish for which directed fishing is prohibited; to update the list of sensitive areas where fishing should be restricted; to adopt technical measures as part 
of multiannual plans or, where necessary, outside the framework
 of multiannual plans; and to adopt technical measures as part of temporary discard plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level 
and based on STECF assessment
. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.









Amendment 39


Proposal for a regulation


Recital 40








Text proposed by the Commission




Amendment











(40)


By 
the end of 2020
 and every third year thereafter the Commission should report to the European Parliament and to the Council on the implementation of this Regulation, on the basis of information supplied by Member States and the relevant Advisory Councils and following evaluation by the STECF. This report should assess the extent to which technical measures both regionally and at Union level have contributed to achieving the objectives and in reaching the 
targets
 of this Regulation. On the basis of that report, where at regional level there is evidence that the objectives 
and targets
 have not been met, Member States within that region should submit a plan setting out the corrective actions to be taken to ensure those objectives 
and targets
 can be met. The Commission should also propose to the European Parliament and to the Council any necessary amendments to this Regulation on the basis of that report.












(40)


By 
… [three years after the date of entry into force of this Regulation]
 and every third year thereafter the Commission should report to the European Parliament and to the Council on the implementation of this Regulation, on the basis of information supplied by Member States and the relevant Advisory Councils and following evaluation by the STECF. This report should assess the extent to which technical measures both regionally and at Union level have contributed to achieving the objectives and in reaching the 
performance indicator levels
 of this Regulation. On the basis of that report, where at regional level there is evidence that the objectives have not been met 
or that the performance indicators remain at an unsatisfactory level
, Member States within that region should submit a plan setting out the corrective actions to be taken to ensure those objectives can be met and 
to improve the performance indicator levels
. The Commission should also propose to the European Parliament and to the Council any necessary amendments to this Regulation on the basis of that report.









Amendment 40


Proposal for a regulation


Recital 42








Text proposed by the Commission




Amendment











(42)


Council Regulations (EC) No 1967/2006 (29), (EC) No 1098/2007 (30), (EC) No 1224/2009 (31) and 
Regulations (EU) No 1343/2011

 (32)

and
 (EU) No 1380/2013 (33) of the European Parliament and of the Council should be amended accordingly.












(42)


Council Regulations (EC) No 1967/2006 (29), (EC) No 1098/2007 (30), (EC) No 1224/2009 (31) and 
Regulation
 (EU) No 1380/2013 (33) of the European Parliament and of the Council should be amended accordingly.









Amendment 41


Proposal for a regulation


Recital 43








Text proposed by the Commission




Amendment













(43)






In order to supplement or amend existing detailed rules transposing recommendations agreed by the General Fisheries Commission for the Mediterranean (GFCM) 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 Commission in respect of technical measures in Regulation (EU) No 1343/2011. The Commission should also be empowered to adopt delegated acts in respect of the incorporation into Union law of future amendments of those measures adopted by GFCM which form the subject matter of certain expressly defined non-essential elements of this Regulation and which become binding upon the Union in accordance with the terms of the GFCM Agreement. Regulation (EU) No 1343/2011 should be amended accordingly. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.










deleted







Amendment 42


Proposal for a regulation


Article 1 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


the operation of fishing gears 
and the interaction of fishing activities with marine ecosystems
.












(b)


the operation of fishing gears.









Amendment 43


Proposal for a regulation


Article 1 — paragraph 1 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






the interaction of those gears with marine ecosystems.











Amendment 44


Proposal for a regulation


Article 2 — paragraph 1








Text proposed by the Commission




Amendment






1.   This Regulation shall apply to activities pursued by Union fishing vessels and nationals of Member States, without prejudice to the primary responsibility of the flag State, in the fishing zones referred to in Article 5 as well as by fishing vessels flying the flag of, and registered in, third countries when fishing in Union waters.




1.   
Without prejudice to Article 29,
 this Regulation shall apply to 
all fishing
 activities 
(recreational and commercial)
 pursued by Union fishing vessels and nationals of Member States, without prejudice to the primary responsibility of the flag State, in the fishing zones referred to in Article 5 as well as by fishing vessels flying the flag of, and registered in, third countries when fishing in Union waters.






Amendment 45


Proposal for a regulation


Article 2 — paragraph 2








Text proposed by the Commission




Amendment






2.   
Articles 7 and 14 and Part A of Annexes V to X
 shall also apply to recreational fisheries.




2.   
This Regulation
 shall also apply to recreational fisheries.






Amendment 46


Proposal for a regulation


Article 3 — paragraph 1








Text proposed by the Commission




Amendment






1.   
As tools to support the implementation of the Common Fisheries Policy (CFP),
 technical measures shall contribute to the objectives of the CFP set out in Article 2 of Regulation (EU) No 1380/2013 
and in particular in paragraphs 2, 3 and 5(a) and (j) of that Article
.




1.   Technical measures shall contribute to the objectives of the CFP set out in Article 2 of Regulation (EU) No 1380/2013.






Amendment 47


Proposal for a regulation


Article 3 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment






2.   
In addition,
 technical measures shall in particular:




2.   Technical measures shall in particular 
contribute to achieving the following objectives
:






Amendment 48


Proposal for a regulation


Article 3 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)




optimise
 exploitation patterns to provide protection for juveniles and spawning aggregations of marine species;












(a)




ensuring sustainable
 exploitation patterns to provide protection for juveniles and spawning aggregations of marine species; 
and providing appropriate safeguards;











Amendment 49


Proposal for a regulation


Article 3 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)




ensure that bycatches of
 marine species listed under Directives 92/43/EEC and 2009/147/EC 
and other sensitive
 species that result from fishing are minimised and where possible eliminated 
such that they do not represent a threat to the conservation status of these species
;












(b)




ensuring that incidental catches of sensitive
 marine species
, in particular those
 listed under Directives 92/43/EEC and 2009/147/EC, that result from fishing are minimised and where possible eliminated;









Amendment 50


Proposal for a regulation


Article 3 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)




ensure
 that the environmental impacts of fishing on marine habitats are minimised and where possible eliminated 
such that they do not represent a threat to the conservation status of those habitats
;












(c)




ensuring, including by using appropriate incentives,
 that the 
negative
 environmental impacts of fishing on marine habitats are minimised and where possible eliminated;









Amendment 51


Proposal for a regulation


Article 3 — paragraph 2 — point d








Text proposed by the Commission




Amendment











(d)




contribute to
 having in place fisheries management measures for the purposes of complying with the obligations under Directives 92/43/EEC, 2009/147/EC, 2008/56/EC and 2000/60/EC.












(d)


having in place fisheries management measures for the purposes of complying with the obligations under Directives 92/43/EEC, 2009/147/EC, 2008/56/EC and 2000/60/EC.









Amendments 294 and 300


Proposal for a regulation


Article 3 — paragraph 2 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)






ensuring that the conditions described in Descriptors 1, 3, 4 and 6 of Commission Decision 2010/477/EU are fulfilled.











Amendment 52


Proposal for a regulation


Article 4 — title








Text proposed by the Commission




Amendment














Amendment 53


Proposal for a regulation


Article 4 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment






1.   Technical measures 
shall aim to achieve
 the following 
targets
:




1.   
In order to assess whether
 technical measures 
contribute to achieving the objectives referred to in Article 3,
 the following 
performance indicators shall be used
:






Amendment 54


Proposal for a regulation


Article 4 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)




ensure that
 catches of marine species below minimum conservation reference sizes 
do not exceed 5 % by volume in accordance with Article 2(2) and Article 15 of Regulation (EU) No 1380/2013.














(a)




the extent to which
 catches of marine species below minimum conservation reference sizes 
are progressively reduced to specific levels for key fisheries;











Amendment 55


Proposal for a regulation


Article 4 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)




ensure that bycatches
 of marine mammals, marine reptiles, seabirds and other non-commercially exploited species 
do not exceed levels provided for in Union legislation and international agreements.














(b)




the extent to which incidental catches
 of marine mammals, marine reptiles, seabirds and other non-commercially exploited species 
are progressively reduced and, where possible, eliminated;











Amendment 56


Proposal for a regulation


Article 4 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)




ensure that the
 environmental impacts of fishing activities on seabed habitats 
do not exceed
 the levels needed to achieve good environmental status for each habitat 
type
 assessed in the framework of Directive 2008/56/EC in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achieved.












(c)




the extent to which the negative
 environmental impacts of fishing activities on 
marine habitats, including sensitive
 seabed habitats
, are minimised and maintained below
 the levels needed to achieve good environmental status
, in particular
 for each 
of the
 habitat 
types
 assessed in the framework of Directive 2008/56/EC, in each marine region or subregion in relation to both habitat quality and the spatial extent over which the required levels need to be achieved.









Amendment 57


Proposal for a regulation


Article 4 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1a.
   
The Commission is empowered to adopt delegated acts in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 supplementing this Regulation by defining, for the purpose of point (a) of paragraph 1 of this Article:







 










(a)






the key fisheries referred to in that point;










 










(b)






the levels of current catches of marine species below minimum conservation reference sizes for each of those key fisheries, based on data supplied by Member States for the reference years 2013-2015;










 










(c)






the specific levels to which catches of marine species below minimum conservation reference sizes for each of those key fisheries are to be reduced in order to achieve the objective of ensuring sustainable exploitation patterns and to provide protection for juveniles.










 




When establishing the specific levels referred to in point (c) of the first subparagraph, account shall be taken of the best available scientific advice, including by STECF, as well as of existing and future technical possibilities in relation to the avoidance of catches of marine species below minimum conservation reference size.







Amendment 58


Proposal for a regulation


Article 4 — paragraph 1 b (new)








Text proposed by the Commission




Amendment





 





1b.
   
For the purpose of the delegated acts referred to in paragraph 1a, the Member States may submit a joint recommendation in accordance with Article 18(1) of Regulation (EU) No 1380/2013 by … [12 months after the date of entry into force of this Regulation].








Amendment 59


Proposal for a regulation


Article 4 — paragraph 1 c (new)








Text proposed by the Commission




Amendment





 





1c.
   
Where no joint recommendation has been submitted by the deadline set out in paragraph 1b of this Article, or if a joint recommendation submitted by Member States is deemed not to be compatible with the objectives of this Regulation, the Commission shall by … [18 months after the date of entry into force of this Regulation], and by way of derogation from Article 18(6) of Regulation (EU) No 1380/2013, adopt delegated acts supplementing this Regulation by defining the elements referred to in the first subparagraph of paragraph 1a of this Article, in accordance with Article 32 of this Regulation.








Amendment 60


Proposal for a regulation


Article 4 — paragraph 1 d (new)








Text proposed by the Commission




Amendment





 





1d.
   
In order to achieve a progressive reduction of catches of marine species below minimum conservation reference sizes to levels which ensure sustainable exploitation patterns, the specific levels referred to in point (c) of the first subparagraph of paragraph 1a shall be reviewed every three years, using the procedure set out in paragraphs 1a, 1b and 1c, and they shall be further reduced, where appropriate, in accordance with the best available scientific advice and existing and future technical possibilities in relation to the avoidance of such catches.








Amendment 61


Proposal for a regulation


Article 4 — paragraph 2








Text proposed by the Commission




Amendment






2.   The 
extent to which these targets have been achieved
 shall be 
reviewed as part
 of the reporting process set out in Article 34.




2.   The 
assessment referred to in paragraph 1
 shall be 
undertaken in the context
 of the reporting process set out in Article 34.






Amendment 346


Proposal for a regulation


Article 4 a (new)








Text proposed by the Commission




Amendment





 




Article 4a






 




Socio-economic objectives






 




In order to take into account the socio-economic objectives set out in points (c), (f) and (i) of Article 2(5) of Regulation (EU) No 1380/2013, when adopting and implementing technical and conservation measures, Member States shall make extensive use of the measures set out in Articles 38, 39 and 40 of Regulation (EU) No 508/2014.







Amendment 62


Proposal for a regulation


Article 5 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


‘North Sea’ means ICES divisions (34) IIa, IIIa and IV;












(a)


‘North Sea’ means 
Union waters in
 ICES divisions (34) IIa, IIIa and IV;









Amendment 63


Proposal for a regulation


Article 5 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


‘North Western waters’ means 
ICES sub-areas V (excluding Va and non-Union waters of Vb)
, VI and VII;












(c)


‘North Western waters’ means 
Union waters in ICES sub-areas V
, VI and VII;









Amendment 64


Proposal for a regulation


Article 5 — paragraph 1 — point g








Text proposed by the Commission




Amendment











(g)


‘
Outermost Regions’
 means waters around 
the outermost regions as referred to in the first paragraph of Article 349 of the Treaty divided into three sea basins: West Atlantic, East Atlantic and Indian Ocean
;












(g)


‘
Union waters in the Indian Ocean and the West Atlantic’
 means waters around 
Guadeloupe, French Guyana, Martinique, Mayotte, Réunion and Saint Martin under the sovereignty or jurisdiction of a Member State
.









Amendment 65


Proposal for a regulation


Article 6 — paragraph 1 — point 1








Text proposed by the Commission




Amendment











(1)


‘exploitation pattern’ means how fishing 
pressure
 is distributed across the age profile of a stock;












(1)


‘exploitation pattern’ means how fishing 
mortality
 is distributed across the age 
and size
 profile of a stock;









Amendment 66


Proposal for a regulation


Article 6 — paragraph 1 — point 2








Text proposed by the Commission




Amendment











(2)


‘selectivity’ means 
a quantitative expression represented as a
 probability of capture of a certain size of fish 
in a
 certain 
size of mesh (or hook)
;












(2)


‘selectivity’ means 
the
 probability of capture of a certain 
species or
 size of fish 
with
 certain 
gear characteristics
;









Amendment 67


Proposal for a regulation


Article 6 — paragraph 1 — point 3








Text proposed by the Commission




Amendment













(3)





‘selective fishing’ means a fishing method's ability to target and capture fish or shellfish by size and species type during the fishing operation allowing non-target species to be avoided or released unharmed;









deleted







Amendment 68


Proposal for a regulation


Article 6 — paragraph 1 — point 4








Text proposed by the Commission




Amendment











(4)


‘directed fishing’ means fishing 
for a defined
 species or 
combination
 of species where the 
total catch of that/those species makes up more than 50 % of the economic value of the catch
;












(4)


‘directed fishing’ means fishing 
effort targeted towards a specific
 species or 
group
 of species where the 
exact composition varies across fisheries and the specific rules governing the minimum technical specifications of mesh sizes and selective devices by fishery is established at regional level
;









Amendment 69


Proposal for a regulation


Article 6 — paragraph 1 — point 5 a (new)








Text proposed by the Commission




Amendment





 










(5a)





‘conservation status of a species’ means the conservation status of species as defined in point (i) of Article 1 of Directive 92/43/EEC;










Amendment 70


Proposal for a regulation


Article 6 — paragraph 1 — point 5 b (new)








Text proposed by the Commission




Amendment





 










(5b)





‘conservation status of a habitat’ means the conservation status of a natural habitat as defined in point (e) of Article 1 of Directive 92/43/EEC;










Amendment 71


Proposal for a regulation


Article 6 — paragraph 1 — point 7








Text proposed by the Commission




Amendment











(7)


‘sensitive species’ means a species whose conservation status, including its habitat, distribution, population size 
and
 population condition is adversely affected by pressures arising from human activities, including fishing activities. Sensitive species, in particular, include species listed in Annexes II and IV of Directive 92/43/EEC, species covered by Directive 2009/147/EC and species whose protection is necessary to achieve good environmental status under Directive 2008/56/EC;












(7)


‘sensitive species’ means a species whose conservation status, including its habitat, distribution, population size 
or
 population condition is adversely affected by pressures arising from human activities, including fishing activities. Sensitive species, in particular, include species listed in Annexes II and IV of Directive 92/43/EEC, species covered by Directive 2009/147/EC and species whose protection is necessary to achieve good environmental status under Directive 2008/56/EC;









Amendment 72


Proposal for a regulation


Article 6 — paragraph 1 — point 8








Text proposed by the Commission




Amendment











(8)


‘small pelagic species’ means mackerel, herring, horse mackerel, anchovy, sardine, blue whiting, argentine, sprat, boarfish;












(8)


‘small pelagic species’ means 
inter alia
 mackerel, herring, horse mackerel, anchovy, sardine, blue whiting, argentine, sprat, boarfish
, bogue, Sardinella aurita and Sardinella maderensis
;









Amendment 73


Proposal for a regulation


Article 6 — paragraph 1 — point 9 a (new)








Text proposed by the Commission




Amendment





 










(9a)





‘traditional (subsistence) fisheries with passive fishing gears’ means non-commercial fishing activities exploiting marine living aquatic resources on a limited scale at local level, exclusively for personal needs and using only traditional fishing gear and techniques;










Amendment 74


Proposal for a regulation


Article 6 — paragraph 1 — point 10








Text proposed by the Commission




Amendment











(10)


‘Advisory Councils’ means stakeholder groups established under 
the CFP to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives of the CFP
;












(10)


‘Advisory Councils’ means stakeholder groups established under 
Article 43 of Regulation (EU) No 1380/2013, conducting their activity according to Article 44 and 45 of and Annex III to that Regulation
;









Amendment 75


Proposal for a regulation


Article 6 — paragraph 1 — point 11








Text proposed by the Commission




Amendment











(11)


‘trawl’ means fishing gear which is actively towed by one or more fishing vessels and 
consisting of a net having a cone- or pyramid-shaped body (as trawl body) closed at the back by a codend; ‘towed gear’ means any trawls, Danish seines and similar gear with a cone- or pyramid shaped body
 closed at the back by a bag (codend) 
or comprising two long wings, a body and a bag (codend) and which are actively moved in the water
;












(11)


‘trawl’ means 
a
 fishing gear 
comprising a net
 which is actively towed by one or more fishing vessels and closed at the back by a bag (codend);









Amendment 76


Proposal for a regulation


Article 6 — paragraph 1 — point 11 a (new)








Text proposed by the Commission




Amendment





 










(11a)





‘towed gear’ means any trawls, Danish seines and similar gear which are actively moved in the water by one or more vessels or any other mechanical system;










Amendment 77


Proposal for a regulation


Article 6 — paragraph 1 — point 12








Text proposed by the Commission




Amendment











(12)


‘demersal trawl’ means a trawl designed and rigged to operate on or near the seabed;












(12)


‘demersal 
bottom
 trawl’ means a trawl designed and rigged to operate on or near the seabed;









Amendment 78


Proposal for a regulation


Article 6 — paragraph 1 — point 13








Text proposed by the Commission




Amendment











(13)


‘demersal pair trawl’ means a 
demersal
 trawl towed by two boats simultaneously, one towing each side of the trawl. The horizontal opening of the trawl is maintained by the distance between the two vessels as they tow the gear;












(13)


‘demersal pair 
bottom
 trawl’ means a 
bottom
 trawl towed by two boats simultaneously, one towing each side of the trawl. The horizontal opening of the trawl is maintained by the distance between the two vessels as they tow the gear;









Amendment 79


Proposal for a regulation


Article 6 — paragraph 1 — point 15








Text proposed by the Commission




Amendment











(15)


‘beam trawl’ means gear with a trawl net open horizontally by a 
steel or wooden tube, the beam, and netting with ground chains, chain mats or tickler chains actively towed on the bottom
;












(15)


‘beam trawl’ means gear with a trawl net open horizontally by a 
beam, wings or other similar devices
;









Amendment 80


Proposal for a regulation


Article 6 — paragraph 1 — point 16








Text proposed by the Commission




Amendment











(16)


‘electric pulse trawl’ means a 
fishing technique
 which uses 
an
 electric 
field to catch fish. The pulse trawl gear consists of a number of electrodes, attached to the gear in the towing direction, that emit short electric pulses
;












(16)


‘electric pulse trawl’ means a 
trawl
 which uses electric 
pulse current to catch marine biological resources
;









Amendment 81


Proposal for a regulation


Article 6 — paragraph 1 — point 17 a (new)








Text proposed by the Commission




Amendment





 










(17a)





‘shore seines’ means surrounding nets and towed seines set from a boat and towed from the shore or from a boat moored or anchored to the shore;










Amendment 82


Proposal for a regulation


Article 6 — paragraph 1 — point 20








Text proposed by the Commission




Amendment











(20)


‘static nets’ means any type of gillnet, entangling net or trammel net that is 
either
 anchored to the seabed (gill nets or set nets) 
or allowed to drift with the tide (drift nets)
 for fish to swim into and become entangled or enmeshed in the netting;












(20)


‘static nets’ means any type of gillnet, entangling net or trammel net that is anchored to the seabed (gill nets or set nets) for fish to swim into and become entangled or enmeshed in the netting;









Amendment 83


Proposal for a regulation


Article 6 — paragraph 1 — point 21








Text proposed by the Commission




Amendment











(21)


‘driftnet’ means a net 
made up of one or more walls of netting, hung jointly in parallel on the headline(s),
 held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift 
such as a sea-anchor or an anchor on the bottom attached at one single end of the net
;












(21)


‘driftnet’ means a net held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift;









Amendment 84


Proposal for a regulation


Article 6 — paragraph 1 — point 22








Text proposed by the Commission




Amendment











(22)


‘
bottom-set
 gillnet’ means a net made up of a single piece of net and held vertically in the water by floats and weights
. It catches living aquatic resources by enmeshing them and is fixed, or capable of being fixed by any means to the seabed
;












(22)


‘gillnet’ means a 
static
 net made up of a single piece of net and held vertically in the water by floats and weights;









Amendment 85


Proposal for a regulation


Article 6 — paragraph 1 — point 23








Text proposed by the Commission




Amendment











(23)


‘
bottom-set
 entangling net’ means a 
single
 wall of netting rigged so that the netting is hung onto the ropes to create a greater amount of slack netting than a gillnet
. Entangling nets usually have less floatation on the head rope and do not stand as high when fishing, as the average bottom set gill net and are fixed, or capable of being fixed by any means to the seabed
;












(23)


‘entangling net’ means a 
static net consisting of a
 wall of netting rigged so that the netting is hung onto the ropes to create a greater amount of slack netting than a gillnet;









Amendment 86


Proposal for a regulation


Article 6 — paragraph 1 — point 24








Text proposed by the Commission




Amendment











(24)


‘
bottom-set
 trammel net’ means a net made up of two or more layers of netting with two outer layers of a large mesh size with a sheet of 
fine
 small mesh sandwiched between them 
and is fixed, or capable of being fixed by any means to the seabed
;












(24)


‘trammel net’ means a 
static
 net made up of two or more layers of netting with two outer layers of a large mesh size with a sheet of small mesh sandwiched between them;









Amendment 87


Proposal for a regulation


Article 6 — paragraph 1 — point 26








Text proposed by the Commission




Amendment











(26)


‘longline’ means a fishing gear consisting of a main line
, sometimes
 of 
considerable
 length, to which 
snoods
 with 
baited or unbaited
 hooks are fixed at 
regular
 intervals. The main line is anchored either horizontally on or near the bottom, vertically or can be allowed to drift on the surface;












(26)


‘longline’ means a fishing gear consisting of a main line of 
variable
 length, to which 
branch lines (snoods)
 with hooks are fixed at intervals 
determined by the target species
. The main line is anchored either horizontally on or near the bottom, vertically or can be allowed to drift on the surface;









Amendment 88


Proposal for a regulation


Article 6 — paragraph 1 — point 27








Text proposed by the Commission




Amendment











(27)


‘pots and creels’ means traps in the form of cages or baskets 
made with various materials
 designed to catch crustaceans or fish that are set on the seabed either singly or in rows connected by ropes (buoy-lines) to buoys on the surface showing their position and having one or more openings or entrances;












(27)


‘pots and creels’ means traps in the form of cages or baskets designed to catch crustaceans
, molluscs
 or fish that are set on the seabed 
or suspended on it,
 either singly or in rows connected by ropes (buoy-lines) to buoys on the surface showing their position and having one or more openings or entrances;









Amendment 89


Proposal for a regulation


Article 6 — paragraph 1 — point 28








Text proposed by the Commission




Amendment











(28)


‘handline’ means 
a fishing technique where
 a single fishing line 
is held in the hands.
 One or more lures or baited hooks are attached 
to the line
;












(28)


‘handline’ means a single 
hand-held
 fishing line 
to which
 one or more lures or baited hooks are attached;









Amendment 90


Proposal for a regulation


Article 6 — paragraph 1 — point 29








Text proposed by the Commission




Amendment











(29)


‘St Andrews cross’ means a grab which 
employs
 a scissor-like action to harvest for example bivalve molluscs or red coral from the seabed;












(29)


‘St Andrews cross’ means a grab which 
may employ
 a scissor-like action to harvest for example bivalve molluscs or red coral from the seabed;









Amendment 91


Proposal for a regulation


Article 6 — paragraph 1 — point 30








Text proposed by the Commission




Amendment











(30)


‘codend’ means the rearmost part of the trawl, having either a cylindrical shape, i.e. the same circumference throughout, or a tapering shape. Made up of one or more panels (pieces of netting) 
of the same mesh size
 attached to one another along their sides 
in the axis of the trawl by a seam where a side rope may be attached.
 For regulatory purposes this shall be taken as the last 50 meshes of the net;












(30)


‘codend’ means the rearmost part of the trawl, having either a cylindrical shape, i.e. the same circumference throughout, or a tapering shape. Made up of one or more panels (pieces of netting) attached to one another along their sides. For regulatory purposes this shall be taken as the last 50 meshes of the net;









Amendment 92


Proposal for a regulation


Article 6 — paragraph 1 — point 31








Text proposed by the Commission




Amendment











(31)


‘mesh size’ means 
the mesh size of any codend of a towed gear as measured in accordance with the procedure set out in Commission Regulation (EC) No 517/2008

 (40)

;














(31)


‘mesh size’ means:








 










(a)






in knotted nets: the greatest distance between two opposite knots on the same mesh when it is fully extended;










 










(b)






in knotless nets: the greatest distance between two opposite corners along the longest axis on the same mesh when it is fully extended;











 





Amendment 93


Proposal for a regulation


Article 6 — paragraph 1 — point 32








Text proposed by the Commission




Amendment











(32)


‘square mesh’ means 
the mesh shape originating from mounting netting with 45o deviation from the N-direction such that the bars run parallel and at 90o

 to the 
trawl
 axis;












(32)


‘square mesh’ means 
a four-sided mesh consisting of two sets of parallel bars with the same nominal length, where one set is parallel, and the other is at a right angle
 to the 
longitudinal
 axis 
of the net
;









Amendment 94


Proposal for a regulation


Article 6 — paragraph 1 — point 33








Text proposed by the Commission




Amendment











(33)


‘diamond mesh’ means 
normal rhomboid shape of meshes in sheet
 netting;












(33)


‘diamond mesh’ means 
four bars of the same length, in which the diagonals of the mesh are perpendicular and one diagonal is parallel to the longitudinal axis of the
 netting;









Amendment 95


Proposal for a regulation


Article 6 — paragraph 1 — point 36








Text proposed by the Commission




Amendment













(36)





‘sieve net’ means a device attached to the full circumference of the shrimp trawl near the beam, and tapering to an apex where it is attached to the bottom sheet of the shrimp trawl. An exit hole is cut where the sieve net and codend join, allowing species or individuals too large to pass through the sieve to escape, whereas the shrimp can pass through the sieve and into the codend;









deleted







Amendment 96


Proposal for a regulation


Article 6 — paragraph 1 — point 38








Text proposed by the Commission




Amendment











(38)


‘immersion time’ means the period from the point of time when 
the nets are
 first put in the water until the point of time when 
the nets are
 fully recovered on board the fishing vessel;












(38)


‘immersion time’ means the period from the point of time when 
a gear is
 first put in the water until the point of time when 
it is
 fully recovered on board the fishing vessel;









Amendment 97


Proposal for a regulation


Article 6 — paragraph 1 — point 39








Text proposed by the Commission




Amendment











(39)


‘gear monitoring sensors’ means remote electronic sensors that 
can be placed on trawls or purse seine
 to monitor key 
performance
 parameters such as the distance between trawl doors or 
size
 of the catch;












(39)


‘gear monitoring sensors’ means remote electronic sensors that 
are attached
 to monitor key parameters such as the distance between trawl doors or 
volume
 of the catch;









Amendment 98


Proposal for a regulation


Article 6 — paragraph 1 — point 39 a (new)








Text proposed by the Commission




Amendment





 










(39a)





‘weighted line’ means a line of baited hooks with added weight to increase its sinking speed and thereby reduce its time of exposure to seabirds;










Amendment 99


Proposal for a regulation


Article 6 — paragraph 1 — point 40








Text proposed by the Commission




Amendment











(40)


‘acoustic deterrent device’ means remote devices 
used to make
 species such as marine mammals 
aware and warn them of the presence of
 fishing gears 
by emitting acoustic signals
;












(40)


‘acoustic deterrent device’ means remote devices 
that emit acoustic signals to deter
 species such as marine mammals 
from
 fishing gears;









Amendment 100


Proposal for a regulation


Article 6 — paragraph 1 — point 42








Text proposed by the Commission




Amendment











(42)


‘high grading’ means the practice of discarding low priced fish that are subject to catch limits, even though they 
could
 have been legally landed, so as to maximise the total economic or monetary value of the fish brought back to harbour.












(42)


‘high grading’ means the practice of discarding low priced fish that are subject to catch limits, even though they 
should
 have been legally landed, so as to maximise the total economic or monetary value of the fish brought back to harbour;









Amendment 101


Proposal for a regulation


Article 6 — paragraph 1 — point 43 a (new)








Text proposed by the Commission




Amendment





 










(43a)





‘significant adverse impacts’ means significant adverse impacts as defined in point (c) of Article 2 of Regulation (EC) No 734/2008;










Amendment 102


Proposal for a regulation


Article 6 — paragraph 1 — point 45 a (new)








Text proposed by the Commission




Amendment





 










(45a)





‘performance indicators’ means a set of parameters aimed at assessing the efficiency of technical measures.










Amendments 303 and 349


Proposal for a regulation


Article 7 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


electric current 
except for the use of the electric pulse trawl as set out in Article 24 and Part E of Annex V
;












(b)


electric current;









Amendment 103


Proposal for a regulation


Article 7 — paragraph 1 — point g








Text proposed by the Commission




Amendment











(g)


any type of projectile;












(g)


any type of projectile
, with the exception of those used to kill caged or trapped tuna and of handheld spears and spear guns used in recreational fishing without an aqualung, from dawn until dusk
;









Amendment 296


Proposal for a regulation


Article 7 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




Notwithstanding the provisions of Article 2, this Article shall apply in international waters and the waters of third countries.







Amendment 104


Proposal for a regulation


Article 9 — paragraph 1








Text proposed by the Commission




Amendment






1.   No part of any towed gear shall be 
constructed
 of a mesh size smaller than the codend mesh size. This provision shall not apply to netting devices used for the attachment of gear monitoring sensors.




1.   No part of any towed gear shall be of a mesh size smaller than the codend mesh size. This provision shall not apply to netting devices used for the attachment of gear monitoring sensors 
or to selectivity devices to improve size or species selectivity for marine species
.






Amendment 105


Proposal for a regulation


Article 9 — paragraph 3








Text proposed by the Commission




Amendment






3.   
It shall be prohibited to construct any codend or attach
 any device that obstructs or otherwise effectively diminishes the mesh size of the codend or any part of a towed gear. This provision shall not exclude the use of specified devices used to reduce wear and tear, to strengthen or to limit the escape of catches in the forward part of towed gears.




3.   
The use and transport on board fishing vessels of
 any device that obstructs or otherwise effectively diminishes the mesh size of the codend or any part of a towed gear 
shall be prohibited
. This provision shall not exclude the use of specified devices used to reduce wear and tear, to strengthen or to limit the escape of catches in the forward part of towed gears
, or the installation of catch control devices.








Amendment 106


Proposal for a regulation


Article 10 — title








Text proposed by the Commission




Amendment














Amendment 107


Proposal for a regulation


Article 10 — paragraph 4 — indent 1








Text proposed by the Commission




Amendment











—


Albacore (Thunnus alalunga),






(Does not affect English version.)





Amendment 108


Proposal for a regulation


Article 10 — paragraph 5








Text proposed by the Commission




Amendment






5.   It shall be prohibited to deploy any bottom set gillnet, entangling net and trammel nets at any position where the charted depth is greater than 
600
 metres.




5.   It shall be prohibited to deploy any bottom set gillnet, entangling net and trammel nets at any position where the charted depth is greater than 
200
 metres.






Amendment 109


Proposal for a regulation


Article 10 — paragraph 5 a (new)








Text proposed by the Commission




Amendment





 





5a.
   
Notwithstanding paragraph 5:







 










(a)






specific derogations as specified in Annex V Part C point 6, Annex VI Part C points 6 and 9 and Annex VII Part C point 4 shall apply where the charted depth is between 200 and 600 metres;










 










(b)






the deployment of bottom set gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres shall be allowed in the fishing zone defined in point (e) of Article 5.











Amendment 272


Proposal for a regulation


Article 10 — paragraph 5 b (new)








Text proposed by the Commission




Amendment





 





5b.
   
It shall be prohibited to deploy any bottom set gillnet, entangling net or trammel net in sites designated in accordance with Directives 92/43/EEC, 2009/147/EC and 2008/56/EC where this has an adverse effect on the conservation status of the sensitive species and habitats.








Amendment 111


Proposal for a regulation


Article 11 — paragraph 3








Text proposed by the Commission




Amendment






3.   When caught 
as bycatches
, species referred to in paragraph 
1 and
 2 shall not be harmed and specimens shall be promptly released back into the sea.




3.   When caught 
accidentally
, species referred to in paragraph 2 shall not be harmed and specimens shall be promptly released back into the sea.






Amendment 112


Proposal for a regulation


Article 11 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
Paragraph 3 shall not apply when the flag Member State has an official programme that addresses the collection and scientific study of specimens of the species listed in Annex I.








Amendment 113


Proposal for a regulation


Article 11 — paragraph 4








Text proposed by the Commission




Amendment






4.   Where the best available scientific advice indicates that an amendment of the list in Annex I is necessary through the addition of new species which require protection, the Commission shall be empowered to adopt such amendments by means of delegated acts in accordance with Article 32.




4.   Where the best available scientific advice indicates that an amendment of the list in Annex I is necessary through the addition of new species which require protection 
or the deletion of species which no longer need to remain on the list
, the Commission shall be empowered to adopt such amendments by means of delegated acts in accordance with Article 32.






Amendment 114


Proposal for a regulation


Article 11 — paragraph 5








Text proposed by the Commission




Amendment






5.   Measures adopted pursuant to paragraph 4 of this Article 
shall aim at achieving the target set out
 in Article 4(1)(b).




5.   Measures adopted pursuant to paragraph 4 of this Article 
should be preceded by an assessment of the performance indicators set out
 in Article 4(1)(b).






Amendment 115


Proposal for a regulation


Article 12 — title








Text proposed by the Commission




Amendment














Amendment 116


Proposal for a regulation


Article 12 — paragraph 2








Text proposed by the Commission




Amendment






2.   When caught 
as bycatch
, species referred to in paragraph 1 shall not be harmed and specimens shall be promptly released.




2.   When caught 
accidentally
, species referred to in paragraph 1 shall not be harmed and specimens shall be promptly released. 
Fishing vessel operators shall record and transmit to the relevant authorities information on those incidental catches, in accordance with Regulation (EU) 2017/1004 of the European Parliament and of the Council

 (1a)

.








Amendment 117


Proposal for a regulation


Article 12 — paragraph 3








Text proposed by the Commission




Amendment






3.   Notwithstanding paragraphs 1 and 2, the retention on board, transhipment or landing of specimens of marine species referred to in paragraph 1 which have been caught 
as bycatch
, shall be 
authorised
 as far as this activity is necessary to secure assistance for the recovery of the individual animals and provided that the competent national authorities concerned 
have been
 fully informed in advance.




3.   Notwithstanding paragraphs 1 and 2, the retention on board, transhipment or landing of specimens of marine species referred to in paragraph 1 which have been caught 
accidentally
, shall be 
permitted
 as far as this activity is necessary to secure assistance for the recovery of the individual animals
. The retention on board, transhipment or landing of specimens of marine species shall be permitted where the specimen is dead
 and provided that 
it can be used for scientific purposes.
 The competent national authorities concerned 
shall be
 fully informed in advance.






Amendment 118


Proposal for a regulation


Article 12 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
Paragraphs 1 and 2 shall not apply when the flag Member State has an official programme that addresses the collection and scientific study of specimens of seabirds, reptiles or marine mammals.








Amendment 119


Proposal for a regulation


Article 12 — paragraph 5








Text proposed by the Commission




Amendment






5.   Measures adopted pursuant to 
in
 paragraph 4 of this Article shall aim at achieving the 
target
 set out in Article 4(1)(b).




5.   Measures adopted pursuant to paragraph 4 of this Article shall aim at achieving the 
objectives of this Regulation in relation to the performance indicators
 set out in Article 4(1)(b).






Amendment 120


Proposal for a regulation


Article 12 — paragraph 5 a (new)








Text proposed by the Commission




Amendment





 





5a.
   
Member States shall monitor the effectiveness of measures adopted under this Article on minimising incidental catches and report to the Commission on progress by … [two years after the date of entry into force of this Regulation] and every three years thereafter.








Amendment 121


Proposal for a regulation


Article 13 — paragraph 1








Text proposed by the Commission




Amendment






1.   It shall be prohibited to deploy the fishing gears specified in Annex II within the relevant areas set out in that Annex.




1.   It shall be prohibited to deploy the fishing gears specified in Annex II within the relevant areas set out in that Annex. 
Appropriate assessment shall be carried out by Member States when fishing gears are deployed in special areas of conservation under Directive 92/43/EEC and special protection areas under Directive 2009/147/EC.








Amendment 122


Proposal for a regulation


Article 13 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1a.
   
The deliberate disturbance, deterioration or destruction of sensitive habitats and of breeding sites or resting places of sensitive species shall be prohibited.








Amendment 123


Proposal for a regulation


Article 13 — paragraph 2








Text proposed by the Commission




Amendment






2.   Where the best available scientific advice recommends an amendment of the list of areas in Annex II, 
including the addition of new areas,
 the Commission shall be empowered to adopt such amendments by means of delegated acts, pursuant to the procedure laid down in Article 11(2) and 11(3) of Regulation (EU) 1380/2013. When 
adopting
 such amendments, the Commission shall give particular attention to the mitigation of negative effects of the displacement of fishing activity to other 
sensitive
 areas.




2.   Where the best available scientific advice recommends an 
urgent
 amendment of the list of areas in Annex II, the Commission shall be empowered to adopt such amendments by means of delegated acts, pursuant to the procedure laid down in Article 11(2) and 11(3) of Regulation (EU) 
No
 1380/2013. When 
presenting a proposal with
 such amendments, the Commission shall 
provide a full map of the vulnerable area and
 give particular attention to the mitigation of negative 
social, economic and environmental
 effects of the displacement of fishing activity to other areas.






Amendment 124


Proposal for a regulation


Article 13 — paragraph 3








Text proposed by the Commission




Amendment






3.   Where 
such habitats occur
 in waters under the sovereignty or jurisdiction of a Member State, that Member State is empowered to establish closed areas or other conservation measures to protect such habitats, pursuant to the procedure laid down in Article 11 of Regulation (EU) No 1380/2013. Such measures shall be compatible with the objectives of Article 2 of Regulation (EU) 1380/2013 and be at least as stringent as measures under Union law.




3.   Where 
the areas referred to in Annex II are
 in waters under the sovereignty or jurisdiction of a Member State, that Member State is empowered to establish closed areas or other conservation measures to protect such habitats, pursuant to the procedure laid down in Article 11 of Regulation (EU) No 1380/2013. Such measures shall be compatible with the objectives of Article 2 of Regulation (EU) 
No
 1380/2013 and be at least as stringent as measures under Union law.






Amendment 125


Proposal for a regulation


Article 13 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 





4a.
   
Member States shall adopt measures to protect areas where vulnerable marine ecosystems as defined in point (b) of Article 2 of Regulation (EC) No 734/2008 occur or are likely to occur in waters falling under their sovereignty or jurisdictions and close those areas to bottom fishing activities unless the best available scientific advice demonstrates that such activities do not have significant adverse impacts on those ecosystems. Such measures shall be consistent with the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72, and shall as a minimum be equivalent in terms of level of protection provided for vulnerable marine ecosystems under Regulation (EC) No 734/2008.








Amendment 126


Proposal for a regulation


Article 14 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


ensuring the protection of juveniles of marine species pursuant to Article 15(11) and 15(12) of Regulation (EU) No 1380/2013;












(a)


ensuring the protection of juveniles of marine species 
so that the majority of the fish caught have reached spawning age before being caught and
 pursuant to Article 15(11) and 15(12) of Regulation (EU) No 1380/2013;









Amendment 127


Proposal for a regulation


Article 14 — paragraph 1 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)






prohibiting the placing on the market for human consumption of juveniles of marine species pursuant to point (b) of Article 2(5) and Article 15(11) of Regulation (EU) No 1380/2013;











Amendment 128


Proposal for a regulation


Article 14 a (new)








Text proposed by the Commission




Amendment





 




Article 14a






 




Imported fisheries products intended for human consumption






 




Imported fisheries products intended for human consumption that have been caught outside Union waters in the areas, subareas and divisions referred to in Article 5 shall comply with the minimum conservation reference sizes laid down in the Annexes to this Regulation.







Amendment 129


Proposal for a regulation


Article 15 — paragraph 1








Text proposed by the Commission




Amendment





Member States shall have in place measures to facilitate the storage of or find outlets for catches below minimum conservation reference sizes landed in accordance with Article 15(1) of Regulation (EU) No 1380/2013. Those measures 
may
 include support for investment in the construction and adaptation of landing sites and shelters, 
or
 support for investments to add value to fishery products.


Member States shall have in place 
adequate
 measures to facilitate the storage of or find outlets for catches below minimum conservation reference sizes landed in accordance with Article 15(1) of Regulation (EU) No 1380/2013. Those measures 
shall
 include support for investment in the construction and adaptation of landing sites and shelters, 
as well as
 support for investments to add value to fishery products.





Amendment 130


Proposal for a regulation


Article 16 — paragraph 1








Text proposed by the Commission




Amendment






1.   The 
practices
 of high grading 
and slipping
 shall be prohibited.




1.   The 
practice
 of high grading shall be prohibited.






Amendment 131


Proposal for a regulation


Article 16 — paragraph 2








Text proposed by the Commission




Amendment






2.   Paragraph 1 shall not apply to catches of species which are exempted from the application of the landing obligation in accordance with Article 15(4) of Regulation (EU) No 1380/2013.




2.   Paragraph 1 shall not apply to 
fishing activities in the Mediterranean Sea or
 catches of species which are exempted from the application of the landing obligation in accordance with Article 15(4) of Regulation (EU) No 1380/2013.






Amendment 132


Proposal for a regulation


Article 17 — title








Text proposed by the Commission




Amendment














Amendment 133


Proposal for a regulation


Article 17 — paragraph 1








Text proposed by the Commission




Amendment






1.   Member States may conduct pilot projects with the aim of exploring methods for the avoidance, minimisation and elimination of unwanted catches 
of the species not subject to catch limits
. Those pilot projects shall take account of the opinions of the relevant Advisory Councils and be based on best available scientific advice.




1.   Member States may conduct pilot projects with the aim of exploring methods for the avoidance, minimisation and elimination of unwanted catches. Those pilot projects shall take account of the opinions of the relevant Advisory Councils and be based on best available scientific advice.






Amendment 134


Proposal for a regulation


Article 17 — paragraph 2








Text proposed by the Commission




Amendment






2.   Where the results of those pilot studies or other scientific advice indicate that unwanted catches of species which are not subject to catch limits are significant, Member States 
may
 establish technical measures to reduce those unwanted catches in accordance with the procedure set out in Article 19 of Regulation (EU) 1380/2013. 
Those technical measures shall apply solely to fishing vessels flying the flag of that Member State.






2.   Where the results of those pilot studies or other scientific advice indicate that unwanted catches of species which are not subject to catch limits are significant, Member States 
shall
 establish technical measures to 
avoid or as far as possible
 reduce those unwanted catches in accordance with the procedure set out in Article 19 of Regulation (EU) 
No
 1380/2013 
or in Article 18 of this Regulation
.






Amendment 135


Proposal for a regulation


Article 17 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
In cases where other Member States wish to establish similar technical measures, a joint recommendation may be submitted in accordance with Article 18.








Amendment 137


Proposal for a regulation


Article 17 a (new)








Text proposed by the Commission




Amendment





 




Article 17a






 




Documentation






 




In accordance with Article 49 of Regulation (EC) No 1224/2009, Member States may introduce electronic monitoring arrangements in order to document catches, discards and fishing activity.







Amendment 138


Proposal for a regulation


Chapter 2 — section 5 a (new)








Text proposed by the Commission




Amendment





 




SECTION 5a






 




ADAPTATION OF FISHING VESSELS






 




Article 17b






 




Adaptation of tonnage






 




On new and existing fishing vessels, increases in the tonnage of the vessel intended to improve safety on board, working conditions and the hygiene and quality of products, as well as increases in the tonnage of the vessel intended to store unwanted catches subject to the landing obligation in accordance with Article 15 of Regulation (EU) No 1380/2013 shall be authorised, provided that they do not result in an increase in the vessel’s catch potential. The corresponding volumes shall not be taken into account for the purpose of assessing fishing capacity in the light of the ceilings imposed in Annex II to Regulation (EU) No 1380/2013 or in the entry/exit schemes referred to in Article 23 of that Regulation.







Amendment 139


Proposal for a regulation


Article 18 — title








Text proposed by the Commission




Amendment














Amendment 140


Proposal for a regulation


Article 18 — paragraph 1 — point g













(g)


in Annex XI for the 
Outermost Regions
.












(g)


in Annex XI for the 
Union waters in the Indian Ocean and the West Atlantic
.









Amendment 141


Proposal for a regulation


Article 18 — paragraph 1 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




However, the provisions on mesh sizes set out in Part B of Annexes V to XI shall only apply in so far as, by … [18 months after the date of entry into force of this Regulation], no delegated act has been adopted pursuant to paragraph 2 of this Article covering the same subject-matter for the fisheries concerned. In the event that Part B of an Annex to this Regulation becomes applicable, the Commission shall, notwithstanding point 4 of Article 6(1), by the same date adopt a delegated act in accordance with Article 32 supplementing this Regulation by providing a definition of ‘directed fishing’ for the purpose of applying Part B in the relevant fishing zone and to the fisheries concerned.






 




Until the date of expiry of the deadline set out in the second subparagraph of this paragraph or until the date of adoption of the delegated act referred to in that subparagraph, whichever is earlier, the provisions applicable to mesh sizes on … [the day before the date of entry into force of this Regulation

 (*1)

] shall continue to apply in respect of the fishing areas concerned.







Amendment 142


Proposal for a regulation


Article 18 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1a.
   
Where appropriate in order to achieve the objectives of the CFP and to take into account the specificities of a region, technical measures that deviate from the measures referred to in paragraph 1 of this Article may be adopted in the context of a multiannual plan referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013.








Amendment 143


Proposal for a regulation


Article 18 — paragraph 2








Text proposed by the Commission




Amendment






2.   In accordance with 
the procedure set out in
 Article 18 of Regulation (EU) No 1380/2013 
Member States may submit joint recommendations
 defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1.




2.   
Where no multiannual plan is in place for the fisheries in question or where the relevant multiannual plan does not establish technical measures or a procedure for the adoption of such technical measures, the Commission is empowered to adopt delegated acts
 in accordance with 
Article 32 of this Regulation and
 Article 18 of Regulation (EU) No 1380/2013 
supplementing this Regulation by
 defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1
, in particular by establishing mesh sizes to be applied at regional level
. 
For the purpose of adopting such delegated acts, Member States may submit a joint recommendation in accordance with Article 18(1) of Regulation (EU) No 1380/2013 by … [12 months after the date of entry into force of this Regulation]. The Commission shall make those joint recommendations public immediately after their submission by the Member States and shall make public any scientific assessment carried out to ensure their compliance with Article 18(5) of Regulation (EU) No 1380/2013.








Amendment 144


Proposal for a regulation


Article 18 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
The measures adopted pursuant to paragraphs 1a and 2 shall:







 










(a)






aim at achieving the objectives set out in Article 3 of this Regulation, taking particular account of the performance indicators set out in Article 4 hereof;










 










(b)






be guided by the principles of good governance set out in Article 3 of Regulation (EU) No 1380/2013;










 










(c)






provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact, including through the allocation of fishing opportunities; and










 










(d)






be at least equivalent to the measures referred to in paragraph 1 or, in the case of rules on mesh sizes, to the measures applicable on… [the day before the date of entry into force of this Regulation] in terms of exploitation patterns and the level of protection provided for sensitive species and habitats.











Amendment 145


Proposal for a regulation


Article 18 — paragraph 3








Text proposed by the Commission




Amendment






3.   
Technical measures recommended
 in accordance with paragraph 2 shall 
as a minimum be equivalent in terms of exploitation patterns and level of protection provided for
 sensitive species and habitats 
as those measures referred to in paragraph 1
.




3.   In accordance with 
Article18(5) of Regulation (EU) No 1380/2013, Member States shall base the joint recommendations referred to in
 paragraph 2 
of this Article on the best available scientific advice. That scientific advice
 shall 
take into account the impact of such measures on the targeted species and
 sensitive species and habitats
, demonstrating the benefits for the conservation of the marine ecosystem
.






Amendment 146


Proposal for a regulation


Article 18 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
Notwithstanding Article 18(1), (3) and (6) of Regulation (EU) No 1380/2013, the Commission may adopt such delegated acts also in the absence of a joint recommendation referred to in these paragraphs.








Amendment 147


Proposal for a regulation


Article 19








Text proposed by the Commission




Amendment







Article 19






deleted








Regional measures under multiannual plans




 







1.
   
The Commission shall be empowered to establish technical measures at regional level with the aim of achieving objectives of multiannual plans referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013. Such measures shall be established by means of delegated acts adopted in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013.





 







2.
   
Measures established in accordance with paragraph 1 may:





 












(a)






amend or supplement the measures set out in Annexes V to XI;








 












(b)






derogate from the measures set out in Annexes V to XI for a specific area or time period, provided it can be demonstrated that those measures have no conservation benefit in that area or period or that the alternative measures achieve the same objectives.








 







3.
   
A multiannual plan may define the kind of technical measures that may be adopted pursuant to paragraphs 1 and 2 for the relevant region.





 







4.
   
The measures adopted pursuant to paragraphs 1 and 2 shall





 












(a)






aim at achieving the objectives and targets set out in Articles 3 and 4 of this Regulation;








 












(b)






be guided by the principles of good governance set out in Article 3 of Regulation (EU) No 1380/2013; and








 












(c)






provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact through the allocation of fishing opportunities.








 







5.
   
Where Member States submit joint recommendations for the establishment of technical measures as referred to in paragraph 1, they shall provide scientific evidence to support the adoption of those measures.





 







6.
   
The Commission may require the STECF to assess the joint recommendations referred to in paragraph 5.





 





Amendment 148


Proposal for a regulation


Article 20 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment






1.   When Member States submit joint recommendations in accordance with Article 
19
 to define size selective and species selective gears, they shall provide evidence demonstrating that those gears meet at least one of the following criteria:




1.   When Member States submit joint recommendations in accordance with Article 
18
 to define size selective and species selective gears, they shall provide evidence demonstrating that those gears meet at least one of the following criteria:






Amendment 149


Proposal for a regulation


Article 21 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





When Member States submit joint recommendations in accordance with Article 
19
 to amend the closed or restricted areas listed in Part C of Annexes V to VIII and X and Part B of Annex XI 
or
 establish new closed or restricted areas they shall include the following elements in respect of such closed or restricted areas in those joint recommendations:


When Member States submit joint recommendations in accordance with Article 
18
 to amend the closed or restricted areas listed in Part C of Annexes V to VIII and X and Part B of Annex XI, establish new closed or restricted areas
, or do away with them,
 they shall include the following elements in respect of such closed or restricted areas in those joint recommendations:





Amendment 150


Proposal for a regulation


Article 21 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




If Member States do not adopt joint recommendations, the Commission may adopt delegated acts in accordance with Article 32 establishing closed or restricted areas on the basis of the best available scientific advice.







Amendment 151


Proposal for a regulation


Article 22 — paragraph 1








Text proposed by the Commission




Amendment











1.


When Member States submit joint recommendations in accordance with Article 
19
 to amend or establish minimum conservation reference sizes listed in Part A of Annexes V to X they shall respect the objective of ensuring the protection of juveniles of marine species.












1.


When Member States submit joint recommendations in accordance with Article 
18
 to amend or establish minimum conservation reference sizes listed in Part A of Annexes V to X they shall respect the objective of ensuring the protection of juveniles of marine species. 
Joint recommendations shall be based on the best available scientific evidence and shall take into account biological grounds, in particular the maturity size of the species. Joint recommendations shall not jeopardise the control and enforcement provisions relating to the landing and marketing of fishery products.











Amendment 152


Proposal for a regulation


Article 23 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





When Member States submit joint recommendations in accordance with Article 
19
 to allow for the creation of real-time closures and moving on provisions with the aim of ensuring the protection of aggregations of juveniles or spawning fish or shellfish species, they shall include the following elements:


When Member States submit joint recommendations in accordance with Article 
18
 to allow for the creation of real-time closures and moving on provisions with the aim of ensuring the protection of aggregations of juveniles or spawning fish or shellfish species 
or sensitive species
, they shall include the following elements:





Amendment 153


Proposal for a regulation


Article 23 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 










1a.





In the event that the vessels of only one Member State are affected by the real-time closures or the displacements, measures based on the best available scientific advice shall be adopted to reduce the impact on the affected vessels.










Amendments 304 and 154


Proposal for a regulation


Article 24 — paragraph 1








Text proposed by the Commission




Amendment






1.   When Member States submit joint recommendations in accordance with Article 
19
 to allow for the use or extend the use of innovative fishing gears 
including the pulse trawl as described in Part E of Annex V
 within a specific sea basin, they shall provide an assessment of the likely impacts of using such gears on the targeted species and on sensitive species and habitats.




1.   When Member States submit joint recommendations in accordance with Article 
18
 to allow for the use or extend the use of innovative fishing gears within a specific sea basin, they shall provide an assessment of the likely impacts of using such gears on the targeted species and on sensitive species and habitats.





 




Such an assessment shall be based on use of the innovative gear during a trial period which shall be limited to no more than 5 % of the vessels currently in that metier for a period of at least four years.







Amendment 155


Proposal for a regulation


Article 24 — paragraph 3








Text proposed by the Commission




Amendment






3.   The use of innovative fishing gears shall 
not
 be permitted where 
those assessments indicate that
 their use will lead to negative impacts on sensitive habitats 
and
 non-target species.




3.   The use of innovative fishing gears shall 
only
 be permitted 
on a commercial scale
 where 
the assessment referred to in paragraph 1 indicates that in comparison with existing regulated fishing gear and techniques,
 their use will 
not
 lead to 
direct or cumulative
 negative impacts on 
marine habitats, including
 sensitive habitats 
or
 non-target species.






Amendment 156


Proposal for a regulation


Article 25 — paragraph 1 — indent 2 a (new)








Text proposed by the Commission




Amendment





 








—




provide information on the effectiveness of existing mitigation measures and monitoring arrangements;











Amendment 158


Proposal for a regulation


Article 25 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




Member States shall ensure that the fishermen directly concerned by these measures are appropriately consulted.







Amendment 159


Proposal for a regulation


Article 26 — paragraph 1 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)






derogations adopted on the basis of Article 15(4) of Regulation (EU) No 1380/2013;











Amendment 160


Proposal for a regulation


Article 26 — paragraph 2








Text proposed by the Commission




Amendment






2.   The measures referred to in paragraph 1 shall aim at achieving the objectives set out in Article 3 and in particular for the protection of aggregations of juveniles or spawning fish or shellfish species.




2.   The measures referred to in paragraph 1 shall aim at achieving the objectives set out in Article 3 and in particular for the protection of aggregations of juveniles or spawning fish or shellfish species. 
They shall be at least as stringent as technical measures applicable under Union law.








Amendment 161


Proposal for a regulation


Article 26 a (new)








Text proposed by the Commission




Amendment





 




Article 26a






 




Pilot projects on full documentation of catches and discards






 





1.
   
The Commission is empowered to adopt delegated acts in accordance with Article 32 of this Regulation and Article 18 of Regulation (EU) No 1380/2013, supplementing this Regulation by defining pilot projects that develop a system of full documentation of catches and discards based on measurable targets and objectives, for the purpose of a results-based management of fisheries.







 





2.
   
The pilot projects referred to in paragraph 1 of this Article may derogate from the measures set out in Part B of Annexes V to XI for a specific area and for a maximum period of one year, provided that it can be demonstrated that such pilot projects aim at achieving the objectives set out in Article 3 and complying with the performance indicators set out in Article 4 and, in particular, aim at improving the selectivity of the fishing gear or practice concerned or otherwise reduce its environmental impact. That one-year period may be extended by one more year under the same conditions. It shall be limited to no more than 5 % of the vessels in that metier per Member State.







 





3.
   
Where Member States submit joint recommendations for the establishment of pilot projects as referred to in paragraph 1, they shall provide scientific evidence to support their adoption. STEFC shall assess those joint recommendations and shall make that assessment public. Within six months of the conclusion of the project, the Member States shall submit a report to the Commission outlining the results, including a detailed assessment of the changes in selectivity and other environmental impacts.







 





4.
   
STECF shall assess the report referred to in paragraph 3. Where STECF concludes that the new gear or practice successfully achieves the objectives set out in paragraph 2, the Commission may submit a proposal in accordance with the TFEU to allow for the generalised use of that gear or practice. The STECF assessment shall be made public.







 





5.
   
The Commission shall adopt delegated acts in accordance with Article 32 supplementing this Regulation by defining the technical specifications of a system for the full documentation of catches and discards referred to in paragraph 1.








Amendment 162


Proposal for a regulation


Chapter IV








Text proposed by the Commission




Amendment







CHAPTER IV






deleted








REGIONAL FISHERIES MANAGEMENT ORGANISATIONS




 






Article 28




 






North East Atlantic Fisheries Commission (NEAFC)




 






The Commission shall be empowered to adopt delegated acts in accordance with Article 32 in order to




 












(a)






transpose into Union law certain technical measures agreed by the North East Atlantic Fisheries Commission (NEAFC), including lists of vulnerable marine ecosystems and specific technical measures related to fisheries for blue ling and redfish defined in NEAFC Recommendations 05:2013, 19:2014, 01:2015, 02:2015; and








 












(b)






adopt other technical measures supplementing or amending certain non-essential elements of legislative acts which transpose NEAFC recommendations.








 





Amendment 163


Proposal for a regulation


Article 29 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment






1.   The technical measures provided for in this Regulation shall not apply to fishing operations conducted 
solely for the purpose
 of scientific investigations subject to the following conditions:




1.   The technical measures provided for in this Regulation shall not apply to fishing operations conducted 
in the context
 of scientific investigations subject to the following conditions:






Amendment 164


Proposal for a regulation


Article 29 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


they are sold for purposes other than direct human consumption.












(b)




in the case of fish below the minimum conservation reference size,
 they are sold for purposes other than direct human consumption.









Amendment 165


Proposal for a regulation


Article 30 — title








Text proposed by the Commission




Amendment














Amendment 166


Proposal for a regulation


Article 30 — paragraph 1








Text proposed by the Commission




Amendment






1.   The technical measures provided for in this Regulation shall not apply to fishing operations conducted solely for the purpose of 
artificial
 restocking or transplantation of marine species, provided that those operations are carried out with the permission and under the authority of the Member State or Member States having a direct management interest.




1.   The technical measures provided for in this Regulation shall not apply to fishing operations conducted solely for the purpose of 
direct
 restocking or transplantation of marine species, provided that those operations are carried out with the permission and under the authority of the Member State or Member States having a direct management interest.






Amendment 167


Proposal for a regulation


Article 30 — paragraph 2








Text proposed by the Commission




Amendment






2.   Where the 
artificial
 restocking or transplantation is carried out in the waters of another Member State or Member States, the Commission and all those Member States shall be informed at least one month in advance of the intention to conduct such fishing operations.




2.   Where the 
direct
 restocking or transplantation is carried out in the waters of another Member State or Member States, the Commission and all those Member States shall be informed at least one month in advance of the intention to conduct such fishing operations.






Amendment 168


Proposal for a regulation


Article 31 — paragraph 1








Text proposed by the Commission




Amendment






1.   Where available scientific advice indicates that immediate action is required to protect marine species, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to alleviate such threats. Those acts may concern, in particular, restrictions on the use of fishing gears or on fishing activities in certain areas or during certain periods.




1.   Where available scientific advice indicates that immediate action is required to protect marine species 
or marine habitats
, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to alleviate such threats. Those acts may concern, in particular, restrictions on the use of fishing gears or on fishing activities in certain areas or during certain periods
, or any other conservation measure needed
.






Amendment 273


Proposal for a regulation


Article 31 — paragraph 2 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






provide protection for sensitive species and habitats, where there is evidence of a serious threat to their conservation.











Amendment 169


Proposal for a regulation


Article 31 — paragraph 3








Text proposed by the Commission




Amendment






3.   Delegated acts referred to in paragraph 1 shall apply for a period of no more than 
three
 years without prejudice to paragraph 6 of Article 32.




3.   Delegated acts referred to in paragraph 1 shall apply for a period of no more than 
two
 years without prejudice to paragraph 6 of Article 32.






Amendment 170


Proposal for a regulation


Article 34 — paragraph 1








Text proposed by the Commission




Amendment






1.   By 
the end of 2020
 and every third year thereafter, and on the basis of information supplied by Member States and the relevant Advisory Councils and following evaluation by the STECF, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Regulation. This report shall assess the extent to which technical measures both regionally and at Union level have contributed to achieving the objectives 
set out
 in Article 3 
and in reaching the targets
 set out in Article 4.




1.   By 
… [three years after the date of entry into force of this Regulation]
 and every third year thereafter, and on the basis of information supplied by Member States and the relevant Advisory Councils and following evaluation by the STECF, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Regulation. This report shall assess the extent to which technical measures both regionally and at Union level have contributed to achieving the objectives 
referred to
 in Article 3 
on the basis of the performance indicators
 set out in article 4.






Amendment 171


Proposal for a regulation


Article 34 — paragraph 2








Text proposed by the Commission




Amendment






2.   On the basis of that report, where at regional level there is evidence that the objectives 
and targets
 have not been met, within 
six
 months after the submission of the report 
as
 referred to in paragraph 1 Member States within that region shall submit a plan setting out the corrective actions to be taken to ensure 
those
 objectives 
and targets
 can be met.




2.   On the basis of that report, where at regional level there is evidence that the objectives have not been met 
or the specific levels of catches below minimum conservation size for key fisheries as referred to in point (a) of Article 4(1) have been exceeded
, within 
twelve
 months after the submission of the report referred to in paragraph 1 Member States within that region shall submit a plan setting out the corrective actions to be taken to ensure 
the
 objectives 
set out in Article 3
 can be met 
and catches of marine species below minimum conservation reference sizes can be reduced to the levels referred to in point (a) of Article 4(1)
.






Amendment 172


Proposal for a regulation


Article 34 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
The Commission shall assist Member States in establishing a national action plan in order to address identified difficulties in implementing new technical measures to achieve the requirements set out in Article 4. Member States shall take all measures necessary to implement that action plan.








Amendment 173


Proposal for a regulation


Article 34 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
Where the report shows that a Member State has failed to comply with its obligations regarding control and data collection, the Commission may interrupt or suspend the EMFF funding for that Member State, in accordance with Articles 100 and 101 of Regulation (EU) No 508/2014.








Amendment 174


Proposal for a regulation


Article 35 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


Articles 3, 8, 9, 10, 11, 12, 14, 15, 16 and 25 are deleted;












(a)


Articles 3, 8, 9, 10, 11, 12, 
the second subparagraph of Article 13(3), and Articles
 14, 15, 16 and 25 are deleted;









Amendment 175


Proposal for a regulation


Article 36








Text proposed by the Commission




Amendment







Article 36






deleted








Amendments to Regulation (EC) No 1098/2007




 






In Regulation (EC) No 1098/2007, Articles 8 and 9 are deleted.




 





Amendment 176


Proposal for a regulation


Article 37 — paragraph 1 — point b

Regulation (EC) No 1224/2009
Article 54 c — paragraph 2 — point a







Text proposed by the Commission




Amendment











(a)


the vessel does not simultaneously carry or use on board either towed gear of mesh size less than 
80
 mm or one or more purse seines or similar fishing gears; or












(a)


the vessel does not simultaneously carry or use on board either towed gear of mesh size less than 
70
 mm or one or more purse seines or similar fishing gears; or









Amendment 177


Proposal for a regulation


Article 37 — paragraph 1 — point b

Regulation (EC) No 1224/2009
Article 54 c — paragraph 2 — point b — indent 2







Text proposed by the Commission




Amendment





the graded fish are frozen 
immediately
 after grading and no graded fish are returned to the sea; and


the graded fish are frozen after grading and no graded fish are returned to the sea; and





Amendment 178


Proposal for a regulation


Article 37 — paragraph 1 — point b

Regulation (EC) No 1224/2009
Article 54 c — paragraph 2 — point b — indent 3







Text proposed by the Commission




Amendment





(the equipment is installed and located on the vessel in such a way as to ensure 
immediate
 freezing and not to allow the return of marine species to the sea.


the equipment is installed and located on the vessel in such a way as to ensure freezing and not to allow the return of marine species to the sea.





Amendment 179


Proposal for a regulation


Article 37 — paragraph 1 — point b

Regulation (EC) No 1224/2009
Article 54 c — paragraph 3 a (new)







Text proposed by the Commission




Amendment





 





3a.
   
The competent authority of the flag State shall certify the freezer trawler plans to ensure that they are in accordance with the applicable rules.








Amendment 180


Proposal for a regulation


Article 38








Text proposed by the Commission




Amendment







Article 38






deleted








Amendment to Regulation (EU) No 1343/2011




 






Article 26 of Regulation (EC) No 1343/2011, is amended as follows:




 












(1)





the following point is added:









‘(h)






technical measures in Articles 4, 10, 12, 15, 15a, 16, 16b, 16c, 16d, 16f, 16 g, 16h, 16i, 16j and 16k.;’












 












(2)





the following paragraph is added:



‘The Commission shall also be empowered to adopt delegated acts, in accordance with Article 27, in order to transpose into Union law other technical measures established by the GFCM that become obligatory for the Union and to supplement or amend certain non-essential elements of legislative acts which transpose GFCM recommendations on technical measures.’








 





Amendment 181


Proposal for a regulation


Article 40 — paragraph 1








Text proposed by the Commission




Amendment





Regulations (EC) No 894/97, (EC) No 850/98, ((EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 are repealed.


Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 
as well as Commission Regulation (EC) No 494/2002

 (1a) are repealed.





Amendment 182


Proposal for a regulation


Annex I — point n a (new)








Text proposed by the Commission




Amendment





 










(na)






houting (Coregonus oxyrhynchus) in ICES sub-area IVb (Union waters);











Amendment 183


Proposal for a regulation


Annex I — point n b (new)








Text proposed by the Commission




Amendment





 










(nb)






the Adriatic sturgeon (Acipenser naccarii) and common sturgeon (Acipenser sturio) in Union waters;











Amendment 184


Proposal for a regulation


Annex I — point o








Text proposed by the Commission




Amendment











(o)


berried female crawfish (Palinuridae spp.) and berried female lobster (Homarus gammarus) in all Union waters except when used for direct restocking or transplantation purposes;







(Does not affect the English version.)






Amendment 185


Proposal for a regulation


Annex I — point p








Text proposed by the Commission




Amendment











(p)


date shell (Lithophaga lithophaga) and common piddock (Pholas dactylus) in Union waters in the Mediterranean.












(p)


date shell (Lithophaga lithophaga)
, fan mussel (Pinna nobilis)
 and common piddock (Pholas dactylus) in Union waters in the Mediterranean;









Amendment 186


Proposal for a regulation


Annex I — point p a (new)








Text proposed by the Commission




Amendment





 










(pa)






hatpin urchin (Centrostephanus longispinus).











Amendment 187


Proposal for a regulation


Annex IV — point 5 a (new)








Text proposed by the Commission




Amendment





 










5a.





The size of a spinous spider crab shall be measured, as shown in Figure 5a, as the length of the carapace, along the mid-line, from the edge of the carapace, between the rostrums to the posterior edge of the carapace.










Amendment 188


Proposal for a regulation


Annex IV — point 5 b (new)








Text proposed by the Commission




Amendment





 










5b.





The size of an edible crab shall be measured, as shown in Figure 5b, as the maximum width of the carapace measured perpendicular to the anteroposterior midline of the carapace.










Amendment 189


Proposal for a regulation


Annex IV — point 5 c (new)








Text proposed by the Commission




Amendment





 










5c.





The size of a whelk shall be measured, as shown in Figure 5c, as the length of the shell.










Amendment 190


Proposal for a regulation


Annex IV — point 5 d (new)








Text proposed by the Commission




Amendment





 










5d.





The size of any swordfish shall be measured, as shown in Figure 5d, as the length from the fork of the caudal fin to the tip of the lower jaw.










Amendment 191


Proposal for a regulation


Annex IV — Figure 5 a (new)








Text proposed by the Commission




Amendment





 




Figure 5a Spinous spider crab (Maia squinada)






 










Amendment 192


Proposal for a regulation


Annex IV — Figure 5 b (new)








Text proposed by the Commission




Amendment





 




Figure 5b Edible crab (Cancer pagarus)






 










Amendment 193


Proposal for a regulation


Annex IV — Figure 5 c (new)








Text proposed by the Commission




Amendment





 




Figure 5c Whelk (Buccinum spp)






 










Amendment 194


Proposal for a regulation


Annex IV — Figure 5 d (new)








Text proposed by the Commission




Amendment





 




Figure 5d Swordfish (Xiphias gladius)






 










Amendment 195


Proposal for a regulation


Annex V — Part A — table 1 — row 14








Text proposed by the Commission





Mackerel (Scomber spp.)




20
 cm














Amendment





Mackerel (Scomber spp.)




30
 cm (1a)






Amendment 196


Proposal for a regulation


Annex V — Part A — table 1 — row 15








Text proposed by the Commission





Herring (Clupea harengus)


20 cm














Amendment





Herring (Clupea harengus)


20 cm (1a)






Amendment 197


Proposal for a regulation


Annex V — Part A — table 1 — row 16








Text proposed by the Commission





Horse mackerel (Trachurus spp.)


15 cm














Amendment





Horse mackerel (Trachurus spp.)


15 cm (1a)






Amendment 198


Proposal for a regulation


Annex V — Part A — table 1 — row 17








Text proposed by the Commission





Anchovy (Engraulis encrasicolus)


12 cm or 90 individuals per kilo














Amendment





Anchovy (Engraulis encrasicolus)


12 cm or 90 individuals per kilo (1a)






Amendment 199


Proposal for a regulation


Annex V — Part A — table 1 — row 19








Text proposed by the Commission





Sardine (Sardina pilchardus)


11 cm














Amendment





Sardine (Sardina pilchardus)


11 cm (1a)






Amendment 200


Proposal for a regulation


Annex V — Part A — table 1 — row 20








Text proposed by the Commission





Lobster (Homarus gammarus)


87 mm





Amendment





Lobster (Homarus gammarus)


87 mm 
(carapace length)







Amendment 201


Proposal for a regulation


Annex V — Part A — table 1 — row 34








Text proposed by the Commission





Crawfish (Palinurus spp.)


95 mm





Amendment





Crawfish (Palinurus spp.)


95 mm 
(carapace length)







Amendment 202


Proposal for a regulation


Annex V — Part A — table 2 — row 13








Text proposed by the Commission





Norway lobster (Nephrops norvegicus)


Total length 105mm




 


Carapace length 32mm





Amendment





Norway lobster (Nephrops norvegicus)


Total length 105mm




 


Carapace length 32mm




 




Norway lobster tails 59 mm







Amendment 203


Proposal for a regulation


Annex V — Part A — table 2 — row 14








Text proposed by the Commission





Mackerel (Scomber spp.)


20 cm














Amendment





Mackerel (Scomber spp.)


20 cm (1a)






Amendment 204


Proposal for a regulation


Annex V — Part A — table 2 — row 15








Text proposed by the Commission





Herring (Clupea harengus)


18 cm














Amendment





Herring (Clupea harengus)


18 cm (1a)






Amendment 205


Proposal for a regulation


Annex V — Part A — table 2 — row 16








Text proposed by the Commission





Horse mackerel (Trachurus spp.)


15 cm





Amendment





Horse mackerel (Trachurus spp.)


15 cm (1a)






Amendment 206


Proposal for a regulation


Annex V — Part B — paragraph 1 — table — row 2 b (new)









Text proposed by the Commission





 


 


 





Amendment







At least 90 mm






Skagerrak and Kattegat






A panel with a mesh size of at least 270 mm (diamond mesh) or of 140mm

 (1a)

(square mesh) shall be fitted.







Amendments 305 and 355


Proposal for a regulation


Annex V — Part B — paragraph 1 — table –row 4









Text proposed by the Commission





At least 80mm


ICES Division IVb south of 54o 30'N and ICES Division IVc


Directed fishing for sole with beam trawls 
or [Pulse Trawls].
 A panel with a mesh size of at least 180mm fitted in the upper half of the anterior part of the net.





Amendment





At least 80mm


ICES Division IVb south of 54o 30'N and ICES Division IVc


Directed fishing for sole with beam trawls. A panel with a mesh size of at least 180mm fitted in the upper half of the anterior part of the net.





Amendment 208


Proposal for a regulation


Annex V — Part B — paragraph 1 — table — row 4 b (new)










Text proposed by the Commission





 





Amendment







At least 40mm






Whole area






Directed fishing for squid (85 % of catches) (Lolignidae, Ommastrephidae).







Amendment 209


Proposal for a regulation


Annex V — Part B — paragraph 1 — table — row 6









Text proposed by the Commission





At least 16mm


Whole area


Directed fishing for small pelagic species.




 


 


Directed fishing for Norway pout. A sorting grid with a maximum bar spacing of 
22
 mm in the Norway Pout fishery shall be fitted.




 


 


Directed fishing for 
Crangon crangon
. 
A sorting grid, sieve net or equivalent selectivity device
 shall be fitted.





Amendment





At least 16mm


Whole area


Directed fishing for small pelagic species 
(80 % of catches)
.




 


 


Directed fishing for Norway pout 
(50 % of catches)
. A sorting grid with a maximum bar spacing of 
35
 mm in the Norway Pout fishery shall be fitted.




 


 


Directed fishing for 
common shrimp and Aesop shrimp (90 % of catches). A selective net or a sorting grid
 shall be fitted 
in accordance with nationally agreed standards
.





Amendment 210


Proposal for a regulation


Annex V — Part B — paragraph 2 — title








Text proposed by the Commission




Amendment











2.


Baseline mesh sizes for static nets












2.


Baseline mesh sizes for static nets 
and driftnets











Amendment 211


Proposal for a regulation


Annex V — Part B — paragraph 2 — introductory part








Text proposed by the Commission




Amendment





The following mesh sizes for static nets shall apply in the North Sea and Skagerrak/Kattegat.


The following mesh sizes for static nets 
and driftnets
 shall apply in the North Sea and Skagerrak/Kattegat.





Amendment 212


Proposal for a regulation


Annex V — Part C — paragraph 1 — point 1.1








Text proposed by the Commission




Amendment











1.1


Fishing for sandeels with any towed gear with a codend mesh size less than 
80 mm or any static net with a mesh size of less than 100 mm
 shall be prohibited within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:












1.1


Fishing for sand eels with any towed gear with a codend mesh size less than 
32 mm
 shall be prohibited within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:









Amendment 213


Proposal for a regulation


Annex V — Part C — paragraph 2 — point 2.2 — indent 1








Text proposed by the Commission




Amendment











—


vessels whose engine power does not exceed 221kW using 
demersal
 trawls or Danish seines;












—


vessels whose engine power does not exceed 221 kW using 
bottom
 trawls or Danish seines;









Amendment 214


Proposal for a regulation


Annex V — Part C — paragraph 2 — point 2.2 — indent 2








Text proposed by the Commission




Amendment











—


paired vessels whose combined engine power does not exceed 221kW at any time using 
demersal
 pair trawls;












—


paired vessels whose combined engine power does not exceed 221 kW at any time using pair 
bottom
 trawls;









Amendment 215


Proposal for a regulation


Annex V — Part C — paragraph 2 — point 2.2 — indent 3








Text proposed by the Commission




Amendment











—


vessels whose engine power exceeds 221kW shall be permitted to use demersal trawls or Danish seine, and paired vessels whose combined engine power exceeds 221kW shall be permitted to use 
demersal
 pair trawls provided that such vessels do not engage in directed fishing for plaice and sole and respect the relevant mesh size rules contained in Part B of this Annex.












—


vessels whose engine power exceeds 221 kW shall be permitted to use demersal trawls or Danish seine, and paired vessels whose combined engine power exceeds 221 kW shall be permitted to use pair 
bottom
 trawls provided that such vessels do not engage in directed fishing for plaice and sole and respect the relevant mesh size rules contained in Part B of this Annex.









Amendment 216


Proposal for a regulation


Annex V — Part C — paragraph 6 — point 6.2








Text proposed by the Commission




Amendment











6.2


Directed fishing for deepwater sharks as listed in Annex I of Regulation (
EC
) 
No 2347/2002

 (1) in charted depths of less than 600 metres shall be prohibited. When accidentally caught deepwater sharks shall be retained on board. Such catches shall be landed and counted against quotas. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 
tonne
 then those vessels may no longer avail of the derogations set out in point 6.1.












6.2


Directed fishing for deepwater sharks as listed in Annex I of Regulation (
EU
) 
2016/2336 of the European Parliament and of the Council

 (1) in charted depths of less than 600 metres shall be prohibited. When accidentally caught deepwater sharks 
for which fishing is expressly prohibited under Union law shall be released back into the sea as soon as possible. Catches of deepwater species of shark subject to catch limits
 shall be retained on board. Such catches shall be landed and counted against quotas. 
In the event that a Member State does not have a sufficient quota, the Commission shall be permitted to apply Article 105(5) of Regulation (EC) No 1224/2009
. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 
tonnes
 then those vessels may no longer avail of the derogations set out in point 6.1.









Amendment 274


Proposal for a regulation


Annex V — Part D — subheading








Text proposed by the Commission




Amendment





Measures to reduce incidental catches of 
cetaceans
 in ICES division IIIa and sub-area IV


Measures to reduce incidental catches of 
marine mammals
 in ICES division IIIa and sub-area IV





Amendment 275


Proposal for a regulation


Annex V — Part D — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 










1a.





Measures to minimise incidental catches of seabirds













1.





Scientific research programmes shall be established in the North Sea to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.













2.





Spatial measures shall be applied in the North Sea where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.













3.





Vessels fishing with longlines in the North Sea shall use a combination of scientifically tested technical solutions such as tori lines, changes to line weights, hook shielding and setting longline gear during the hours of darkness with the minimum of deck lighting necessary for safety. The combinations should be determined on the basis of gear configurations and the susceptible species likely to be caught by fleets. Specification should comply with the standards as set out in international agreed guidelines.













4.





Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.










Amendments 306, 314, 315 and 356


Proposal for a regulation


Annex V — Part E








Text proposed by the Commission




Amendment










deleted








Notwithstanding Article 13, fishing with an electric pulse trawl shall be allowed in ICES divisions IVb and IVc under conditions defined in accordance with the second indent of paragraph 1of Article 27 of this Regulation, regarding the characteristics of the pulse used and control monitoring measures in place south of a rhumb line joined by the following points, which shall be measured according to the WGS84 coordinate system:




 










—




a point on east coast of the United Kingdom at latitude 55oN








 










—




east to latitude 55oN, longitude 5oE








 










—




north to latitude 56oN








 










—




east to a point on the west coast of Denmark at latitude 56oN








 





Amendment 324


Proposal for a regulation


Annex VI — part A — table — row 14








Text proposed by the Commission





Mackerel (Scomber spp.)


20 cm














Amendment





Mackerel (Scomber spp.)


20 cm (1a)






Amendment 218


Proposal for a regulation


Annex VI — Part A– table — row 15








Text proposed by the Commission





Herring (Clupea harengus)


20 cm














Amendment





Herring (Clupea harengus)


20 cm (1a)






Amendment 219


Proposal for a regulation


Annex VI — Part A — table — row 16








Text proposed by the Commission





Horse mackerel (Trachurus spp.)


15 cm (3)















Amendment





Horse mackerel (Trachurus spp.)


15 cm (3)

,

 (3a)






Amendment 220


Proposal for a regulation


Annex VI — Part A — table — row 17








Text proposed by the Commission





Anchovy (Engraulis encrasicolus)


12 cm or 90 individuals per kilo














Amendment





Anchovy (Engraulis encrasicolus)


12 cm or 90 individuals per kilo (1a)






Amendment 221


Proposal for a regulation


Annex VI — Part B — paragraph 1 — table — row 2









Text proposed by the Commission





At least 
120
 mm


Whole area


None





Amendment





At least 
100
 mm (1a)



Whole area


None





Amendment 223


Proposal for a regulation


Annex VI — part B — paragraph 2 — title








Text proposed by the Commission




Amendment











2.


Baseline mesh sizes for static nets












2.


Baseline mesh sizes for static nets 
and driftnets











Amendment 224


Proposal for a regulation


Annex VI — part B — paragraph 2 — introductory part








Text proposed by the Commission




Amendment





The following mesh sizes for static nets shall apply in North Western waters.


The following mesh sizes for static nets 
and driftnets
 shall apply in North Western waters.





Amendment 225


Proposal for a regulation


Annex VI — Part B — paragraph 2 — table– row 2









Text proposed by the Commission





At least 120 mm (1)



Whole area


None





Amendment





At least 120 mm (1)



Whole area


None





Amendment 226


Proposal for a regulation


Annex VI — Part B — table — row 4









Text proposed by the Commission





At least 50mm


Whole area


Directed fishing for small pelagic species





Amendment





At least 50mm


Whole area


Directed fishing for small pelagic species 
(80 % of catches)






 


 




Directed fishing for red mullet (50 % of catches)







Amendment 227


Proposal for a regulation


Annex VI — Part C — paragraph 1 — subparagraph 1 — introductory part








Text proposed by the Commission




Amendment





From 1 January to 31 March, and from 1 October to 31 December each year, it shall be prohibited to conduct any fishing activity using any towed gears or static nets in the area enclosed by sequentially joining with rhumb lines the following co-ordinates, measured according to the WGS84 coordinate system:


From 1 January to 31 March, and from 1 October to 31 December each year, it shall be prohibited to conduct any fishing activity using any 
bottom
 towed gears or 
bottom
 static nets in the area enclosed by sequentially joining with rhumb lines the following co-ordinates, measured according to the WGS84 coordinate system:





Amendment 228


Proposal for a regulation


Annex VI — Part C — paragraph 3 — point 3.2








Text proposed by the Commission




Amendment











3.2


By way of derogation from point 1, within the area and time period referred to therein the use of demersal trawls shall be permitted provided such trawls are fitted with selective devices that have been assessed by the Scientific, Technical and Economic Committee for Fisheries (STECF). 
Where bycatches of cod caught by the vessels of any Member State operating within the areas referred to in point 3.1 exceed 10 tonnes then those vessels may no longer fish within that area.














3.2


By way of derogation from point 1, within the area and time period referred to therein the use of demersal trawls shall be permitted provided such trawls are fitted with selective devices that have been assessed by the Scientific, Technical and Economic Committee for Fisheries (STECF).









Amendment 229


Proposal for a regulation


Annex VI — Part C — paragraph 9 — title








Text proposed by the Commission




Amendment











9.


Use of static nets in ICES divisions Vb, VIa, VII b, 
c, j,
 k












9.


Use of static nets in ICES divisions Vb, VIa, 
VIb,
 VII b, 
c, h, j,
 k









Amendment 230


Proposal for a regulation


Annex VI — Part C — paragraph 9 — point 9.2








Text proposed by the Commission




Amendment











9.2.


Directed fishing for deepwater sharks as listed in Annex I of Regulation (
EC
) 
No 2347/2002
 in charted depths of less than 600 metres shall be prohibited. When accidentally caught deepwater sharks shall be retained on board. Such catches shall be landed and counted against quotas. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then vessels may no longer avail of the derogations 
as described
 in point 9.1.












9.2.


Directed fishing for deepwater sharks as listed in Annex I of Regulation 
(EU) 2016/2336
 in charted depths of less than 600 metres shall be prohibited. When accidentally caught deepwater sharks 
for which fishing is expressly prohibited under Union law shall be released back into the sea as soon as possible. Catches of deepwater species of shark subject to catch limits
 shall be retained on board. Such catches shall be landed and counted against quotas. 
In the event that a Member State does not have a sufficient quota, the Commission shall be permitted to apply Article 105(5) of Regulation (EC) No 1224/2009
. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then 
those
 vessels may no longer avail of the derogations 
set out
 in point 9.1.









Amendment 276


Proposal for a regulation


Annex VI — Part D — paragraph 1 — title








Text proposed by the Commission




Amendment











1.


Measures to reduce incidental catches of 
cetaceans
 in ICES divisions 
VIa
 and VII 
d, e, f, g, h and j














1.


Measures to reduce incidental catches of 
marine mammals
 in ICES divisions 
VI
 and VII









Amendment 277


Proposal for a regulation


Annex VI — Part D — paragraph 2 — point 2.1 (new)








Text proposed by the Commission




Amendment





 










2.1.





Scientific research programmes shall be established in North Western Waters to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.










Amendment 278


Proposal for a regulation


Annex VI — Part D — paragraph 2 — point 2.2 (new)








Text proposed by the Commission




Amendment





 










2.2.





Spatial measures shall be applied in North Western Waters where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.










Amendment 279


Proposal for a regulation


Annex VI — Part D — paragraph 2 — point 2.3 (new)








Text proposed by the Commission




Amendment





 










2.3.





Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.










Amendment 231


Proposal for a regulation


Annex VII — Part A — table — row 15








Text proposed by the Commission





Herring (Clupea harengus)


20 cm














Amendment





Herring (Clupea harengus)


20 cm (1a)






Amendment 232


Proposal for a regulation


Annex VII — Part A — table — row 18








Text proposed by the Commission





Bass (Dicentrarchus labrax)




42
 cm





Amendment





Bass (Dicentrarchus labrax)




36
 cm





Amendment 233


Proposal for a regulation


Annex VII — Part A — table — row 23








Text proposed by the Commission





Queen scallop (Chlamys spp.)


40 mm





Amendment





Queen scallop (Chlamys spp.,

Mimachlamys spp.
)


40 mm





Amendment 234


Proposal for a regulation


Annex VII — Part A — table — row 26








Text proposed by the Commission





Short-necked clam (
Venerupis

philippinarum)


35 mm





Amendment





Short-necked clam (
Ruditapes

philippinarum)


35 mm





Amendment 235


Proposal for a regulation


Annex VII — Part A — table — row 34








Text proposed by the Commission





Octopus (Octopus vulgaris)




750
 grammes (3)






Amendment





Octopus (Octopus vulgaris)




1 000 
 grammes (3)






Amendment 242


Proposal for a regulation


Annex VII — Part C — paragraph 4 — point 4.2








Text proposed by the Commission




Amendment











4.2.


Directed fishing for the deepwater sharks listed in Annex I of Regulation (
EC
) 
No 2347/2002
 that have a charted depth of less than 600 metres. When accidentally caught deepwater sharks shall be retained on board. Such catches shall be landed and counted against quotas. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then those vessels may no longer avail of the derogations 
as described
 in point 1.












4.2.


Directed fishing for the deepwater sharks listed in Annex I of Regulation (
EU
) 
2016/2336
 that have a charted depth of less than 600 metres. When accidentally caught deepwater sharks 
for which fishing is expressly prohibited under Union law shall be released back into the sea as soon as possible. Catches of deepwater species of shark subject to catch limits
 shall be retained on board. Such catches shall be landed and counted against quotas. 
In the event that a Member State does not have a sufficient quota, the Commission shall be permitted to apply Article 105(5) of Regulation (EC) No 1224/2009
. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then those vessels may no longer avail of the derogations 
set out
 in point 1.









Amendment 243


Proposal for a regulation


Annex VII — Part C — paragraph 4 — point 4.2 a (new)








Text proposed by the Commission




Amendment





 










4.2a.





The Commission may decide, after consulting STECF, to exclude certain types of fisheries in ICES zones VIII, IX and X from the scope of paragraph 4.1 if it is demonstrated by means of information provided by Member States or the implementation of specific management making use of regionalisation, which could involve reducing the vessels operating in the area, reducing fishing months etc., or of multiannual plans that those fisheries have a very low level of shark bycatches or discards.










Amendment 280


Proposal for a regulation


Annex VII — Part D — paragraph 1 — title








Text proposed by the Commission




Amendment











1.


Measures to reduce incidental catches of 
cetaceans
 in ICES sub-areas VIII and 
IXa














1.


Measures to reduce incidental catches of 
marine mammals
 in ICES sub-areas VIII and 
IX











Amendment 281


Proposal for a regulation


Annex VII — part D — paragraph 2 — point 2.1 (new)








Text proposed by the Commission




Amendment





 










2.1.





Scientific research programmes shall be established in South Western Waters to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.










Amendment 282


Proposal for a regulation


Annex VII — Part D — paragraph 2 — point 2.2 (new)








Text proposed by the Commission




Amendment





 










2.2.





Spatial measures shall be applied in South Western Waters where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.










Amendment 283


Proposal for a regulation


Annex VII — Part D — paragraph 2 — point 2.3 (new)








Text proposed by the Commission




Amendment





 










2.3.





Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.










Amendment 247


Proposal for a regulation


Annex VIII — Part B — paragraph 2 — table — row 2









Text proposed by the Commission







At least 157 mm






Whole area






Directed fishing for salmon







Amendment







deleted




 


 





Amendment 284


Proposal for a regulation


Annex VIII — Part D — paragraph 1 — title








Text proposed by the Commission




Amendment











1.


Measures to reduce incidental catches of 
cetaceans














1.


Measures to reduce incidental catches of 
marine mammals











Amendment 285


Proposal for a regulation


Annex VIII — Part D — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 










1a.





Measures to minimise incidental catches of seabirds









 










1.1.





Scientific research programmes shall be established in the Baltic Sea to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.









 










1.2.





Spatial measures shall be applied in the Baltic Sea where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.









 










1.3





Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.










Amendment 251


Proposal for a regulation


Annex IX — Part B — paragraph 1 — table — row 2









Text proposed by the Commission





At least 40 mm square mesh codend


Whole area


A diamond mesh codend of 50 mm (2) may be used as an alternative to the 
44
 mm square mesh cod end at the justified request of the vessel owner





Amendment





At least 40 mm square mesh codend


Whole area


A diamond mesh codend of 50 mm (2) may be used as an alternative to the 
40
 mm square mesh cod end at the justified request of the vessel owner





Amendment 254


Proposal for a regulation


Annex IX — Part B — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 










2a.





The existing derogations to the provisions set out in paragraphs 1, 1a and 2 of this Part for encircling gears affected by a management plan referred to in Article 19 of Regulation (EC) No 1967/2006 and adopted pursuant to Article 9 of that Regulation shall remain in effect unless otherwise provided for under Article 18 of this Regulation.










Amendment 255


Proposal for a regulation


Annex IX — Part C — paragraph 5








Text proposed by the Commission




Amendment





It shall be prohibited to have on board or set more than 250 pots or creels per vessel to catch 
deepwater
 crustacean 
(including Plesionika spp., Pasiphaea spp. or similar species)
.


It shall be prohibited to have on board or set more than 250 pots or creels per vessel to catch 
deep-water
 crustacean.





Amendment 256


Proposal for a regulation


Annex IX — Part C — paragraph 5 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




Highly localised fleets using artisanal gear shall be authorised to catch deep-water crustacean (including Plesionika spp., Pasiphaea spp. or similar species).







Amendment 257


Proposal for a regulation


Annex IX — Part C — paragraph 6 a (new)








Text proposed by the Commission




Amendment





 










6a.





Restrictions on underwater spear fishing



It is prohibited to fish with underwater spears using an aqualung and at night, from dusk until dawn.











Amendment 286


Proposal for a regulation


Annex IX — Part D — paragraph 1 — title








Text proposed by the Commission




Amendment











1.


Measures to reduce incidental catches of 
cetaceans














1.


Measures to reduce incidental catches of 
marine mammals











Amendment 287


Proposal for a regulation


Annex IX — Part D — paragraph 2 — point 2.1 (new)








Text proposed by the Commission




Amendment





 










2.1.





Scientific research programmes shall be established in the Mediterranean to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.










Amendment 288


Proposal for a regulation


Annex IX — Part D — paragraph 2 — point 2.2 (new)








Text proposed by the Commission




Amendment





 










2.2.





Spatial measures shall be applied in the Mediterranean where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.










Amendment 289


Proposal for a regulation


Annex IX — Part D — paragraph 2 — point 2.3 (new)








Text proposed by the Commission




Amendment





 










2.3.





Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.










Amendment 259


Proposal for a regulation


Annex X — Part B — paragraph 1 — table — row 2









Text proposed by the Commission





At least 
50
 mm


Whole area




40 mm square
 mesh codends may be used as an alternative





Amendment





At least 
40
 mm


Whole area




50 mm diamond
 mesh codends (1a) may be used as an alternative 
to the 40 mm square mesh codend at the duly substantiated request of the vessel owner.







Amendment 260


Proposal for a regulation


Annex X — Part B — paragraph 2 — table — row 2









Text proposed by the Commission





At least 400 mm


Whole area




Directed
 fishing for turbot





Amendment





At least 400 mm


Whole area


Fishing for turbot 
with bottom set gillnets







Amendment 261


Proposal for a regulation


Annex X — Part C








Text proposed by the Commission




Amendment







Part C






deleted








Closed or restricted areas




 






Seasonal Closure to protect turbot




 






Directed fishing, transhipment, landing and first sale of turbot shall be permitted from 15 April to 15 June annually in Union waters of the Black Sea.




 





Amendment 290


Proposal for a regulation


Annex X — Part D — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 










1a.





Measures to minimise incidental catches of seabirds









 










1a.1.





Scientific research programmes shall be established in the Black Sea to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.









 










1a.2.





Spatial measures shall be applied in the Black Sea where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.









 










1a.3.





Member States shall monitor and assess the effectiveness of the mitigation measures that have been established, including in relation to the fishing catch and fishing effort.










Amendment 262


Proposal for a regulation


Annex XI — Part A — title








Text proposed by the Commission




Amendment





Baseline mesh sizes for towed gears










1.




Baseline mesh sizes for towed gears









Amendment 263


Proposal for a regulation


Annex XI — Part A — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





The following codend mesh sizes shall apply in the 
Outermost Regions
.


The following codend mesh sizes shall apply in 
Union waters in the Indian Ocean and in the West Atlantic







Amendment 264


Proposal for a regulation


Annex XI — Part A — table — row 3









Text proposed by the Commission





At least 45 mm


All waters off the coast of the French department of Guyana that come under the sovereignty or jurisdiction of France


Directed fishing for shrimp (Penaeus subtilis, Penaeus brasiliensis, Xiphopenaeus kroyeri)





Amendment





At least 45 mm


All waters off the coast of the French department of Guyana that come under the sovereignty or jurisdiction of France


Directed fishing for shrimp (Penaeus subtilis, Penaeus brasiliensis, Xiphopenaeus kroyeri) 
(15 % of catches)







Amendment 265


Proposal for a regulation


Annex XI — Part A — table — row 4









Text proposed by the Commission







At least 14 mm






Whole area






Directed fishing for small pelagic species with encircling nets







Amendment







deleted




 


 





Amendment 266


Proposal for a regulation


Annex XI — Part A — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 










1a.





Baseline mesh size for purse seines









 




The following mesh sizes for purse seines shall apply in Union waters in the Indian Ocean and in the West Atlantic







Amendment 267


Proposal for a regulation


Annex XI — Part A — paragraph 1 a (new) — table (new)










Text proposed by the Commission





 





Amendment







Mesh size






Geographical areas






Conditions








At least 14 mm






Whole area






Directed fishing for small pelagic species with purse seines







Amendment 291


Proposal for a regulation


Annex XI — Part B a (new)








Text proposed by the Commission




Amendment





 




Part Ba






 




Mitigation measures for sensitive species






 










1.





Measures to reduce incidental catches of marine mammals









 










1.1.





It shall be prohibited for vessels to deploy static nets, driftnets, pelagic trawls or high vertical opening trawls or other fisheries where evidence identifies bycatch in Outermost Regions, without the simultaneous use of proven mitigation technology. Exemptions should be made only for those fisheries with demonstrated negligible cumulative bycatch.









 










1.2.





Point 1 shall not apply to fishing operations conducted solely for the purpose of scientific investigation which are carried out with the authorisation and under the authority of the Member States or Member States concerned and which aim at developing new technical measures to reduce the incidental capture or killing of cetaceans.









 










1.3.





Member States, through dedicated annual monitoring schemes, shall monitor and assess, by means of scientific studies or pilot projects, the effectiveness of the mitigation devices as described in point 1.1 in the fisheries and areas concerned.









 










2.





Measures to minimise incidental catches of seabirds









 










2.1.





Scientific research programmes shall be established in the Outermost Regions to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears.









 










2.2.





Spatial measures shall be applied in the Outermost Regions where scientific research has identified areas where sensitive seabirds are known to be incidentally caught until these can be replaced with other technical measures.











(1)  The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0381/2017).

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



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

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

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

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

(21)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

(21)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

(1a)  
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).



(1a)  
Council Directive of 2 April 1979 on the conservation of wild birds (79/409/EEC) (OJ L 103, 25.4.1979, p. 1).



(29)  Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).

(30)  Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97 (OJ L 248, 22.9.2007, p. 1).

(31)  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.).

(32)  

32 Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 347, 30.12.2001, p. 44).



(33)  Regulation (EU) No 1380/2013 of the European Parliament and of 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).

(29)  Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).

(30)  Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97 (OJ L 248, 22.9.2007, p. 1).

(31)  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.).

(33)  Regulation (EU) No 1380/2013 of the European Parliament and of 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).

(34)  ICES (International Council for the Exploration of the Sea) divisions are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).

(34)  ICES (International Council for the Exploration of the Sea) divisions are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).

(40)  
Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets (OJ L 151, 11.6.2008, p. 5).



(1a)  
Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, p. 1).



(*1)  
If this approach is accepted, Articles 35-41 are to be adapted in the course of the negotiations with Council, after having identified the measures that will remain applicable after the date indicated here.



(1a)  
Commission Regulation (EC) No 494/2002 of 19 March 2002 establishing additional technical measures for the recovery of the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a, b, d, e (OJ L 77, 20.3.2002, p. 8).



(1a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.



(1a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.



(1a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.



(1a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.



(1a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.



(1a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.



(1a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.



(1a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.



(1a)  
In the Kattegat subdivision, a square mesh panel of 120 mm shall be fitted (on the trawl between 1 October and 31 December and on the purse seine between 1 August and 31 October).



(1)  
Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (OJ L 351, 28.12.2002, p. 6).



(1)  
Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002 (OJ L 354, 23.12.2016, p. 1).



(1a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % may not be exceeded during transhipment, landing, transportation, storage, display or sale.



(1a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.



(3)  In Union waters in ICES sub-areas, V, VI south of 56o N and VII, except ICES divisions VIId, e, f, a minimum conservation reference size of 130 mm shall apply.

(3)  In Union waters in ICES sub-areas, V, VI south of 56o N and VII, except ICES divisions VIId, e, f, a minimum conservation reference size of 130 mm shall apply.

(3a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.



(1a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.



(1a)  
To be phased in over a two year period from the date of entry into force of this Regulation. For ICES Divisions VIId and VIIe a mesh size of at least 100 mm shall apply.



(1)  
For directed fishing for anglerfish (30 % of catches) a mesh size of at least 220 mm shall be used. A mesh size of at least 110 mm for directed fishing for pollock and hake (50 % of catches) in ICES divisions VIId and VIIe



(1)  
For directed fishing for anglerfish (30 % of catches) a mesh size of at least 220 mm shall be used. A mesh size of at least 110 mm for directed fishing for pollock and hake (50 % of catches) in ICES divisions VIId and VIIe



(1a)  
The minimum conservation reference sizes for sardines, anchovies, herring, horse mackerel and mackerel shall not apply within the 10 % limit of live weight of the total catches retained on board of each of those species.




The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.




The percentage shall be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.



(3)  In all waters in that part of the eastern central Atlantic comprising divisions 34.1.1, 34.1.2 and 34.1.3 and sub-area 34.2.0 of fishing zone 34 of the CECAF region a gutted weight of 450 grammes shall apply.

(3)  In all waters in that part of the eastern central Atlantic comprising divisions 34.1.1, 34.1.2 and 34.1.3 and sub-area 34.2.0 of fishing zone 34 of the CECAF region a gutted weight of 450 grammes shall apply.

(2)  Only one type of net (either 40 mm square mesh or 50 mm diamond mesh) is allowed to be kept on board or deployed.

(2)  Only one type of net (either 40 mm square mesh or 50 mm diamond mesh) is allowed to be kept on board or deployed.

(1a)  
Only one type of net (either 40 mm square mesh or 50 mm diamond mesh) may be carried on board or deployed.