Article 1 Subject matter
This Regulation lays down the rules for the application by the Union of the conservation, management, exploitation, monitoring, marketing and enforcement measures for fishery and aquaculture products established by the General Fisheries Commission for the Mediterranean (GFCM).
Article 2 Scope
1. This Regulation applies to all commercial fishing and aquaculture activities conducted by EU fishing vessels and nationals of Member States in the GFCM Agreement area. It shall apply without prejudice to Regulation (EC) No 1967/2006. 2. By way of derogation from paragraph 1, this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State whose flag the vessel is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out and the Scientific, Technical and Economic Committee for Fisheries of all catches from such fishing operations.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The proposal aims at transposing in Union law a number of measures adopted by the General Fisheries Commission for the Mediterranean (GFCM) at its annual sessions of 2015, 2016 and 2017. The GFCM is a Regional Fisheries Management Organisation established under Article XIV of the FAO Constitution; its main objectives are to promote the development, conservation, rational management and best utilization of living marine resources and the sustainable development of aquaculture in the Mediterranean, Black Sea and connecting waters. The GFCM has the authority to adopt compulsory decisions (“recommendations”) in its area of competence; these acts are essentially addressed to its contracting parties but may also contain obligations for operators (e.g. the vessel master). The recommendations become binding within 120 days after the date of first notification, provided that no objections are lodged. The EU and ten Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain and Romania) are contracting parties to the GFCM Agreement. To the extent to which the content of the GFCM recommendations is not covered or is only partially covered by existing Union Law, the transposition of the relevant GFCM provisions is necessary to ensure that the latter will receive uniform and effective application throughout the European Union. The last transposition of GFCM decisions was done by means of Regulation (EU) No 1343/2011 1 as amended by the Regulation (EU) N°2015/2102 2 . The current proposal will insert into that legislative act the measures to be transposed by way of amendments to it.
Revised version (Article 2 Scope):
1. This Regulation applies to all commercial fishing and aquaculture activities, as well as to recreational fishing activities where specifically provided for in this Regulation, conducted by Union fishing vessels and nationals of Member States in the GFCM Agreement area. It shall apply without prejudice to Regulation (EC) No 1967/2006. 2. By way of derogation from paragraph 1, this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State whose flag the vessel is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out and the Scientific, Technical and Economic Committee for Fisheries of all catches from such fishing operations.
Article 3 Definitions
For the purposes of this Regulation the following definitions shall, in addition to the definitions laid down in Article 3 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy ( 7 ) and Article 2 of Regulation (EC) No 1967/2006, apply: (a) ‘GFCM Agreement area’ means the Mediterranean and the Black Sea and connecting waters, as described in the GFCM Agreement; (b) ‘fishing effort’ means the product resulting from multiplying the capacity of a fishing vessel, expressed either in kW or in GT (gross tonnage), by the activity expressed in number of days at sea; (c) ‘day at sea’ means any calendar day on which a vessel is absent from port, irrespective of the amount of time in the course of that day that that vessel is present in an area; (d) ‘EU Fleet Register number’ means the Community Fleet Register number defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register ( 8 ) .
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The proposal aims at transposing in Union law a number of measures adopted by the General Fisheries Commission for the Mediterranean (GFCM) at its annual sessions of 2015, 2016 and 2017. The GFCM is a Regional Fisheries Management Organisation established under Article XIV of the FAO Constitution; its main objectives are to promote the development, conservation, rational management and best utilization of living marine resources and the sustainable development of aquaculture in the Mediterranean, Black Sea and connecting waters. The GFCM has the authority to adopt compulsory decisions (“recommendations”) in its area of competence; these acts are essentially addressed to its contracting parties but may also contain obligations for operators (e.g. the vessel master). The recommendations become binding within 120 days after the date of first notification, provided that no objections are lodged. The EU and ten Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain and Romania) are contracting parties to the GFCM Agreement. To the extent to which the content of the GFCM recommendations is not covered or is only partially covered by existing Union Law, the transposition of the relevant GFCM provisions is necessary to ensure that the latter will receive uniform and effective application throughout the European Union. The last transposition of GFCM decisions was done by means of Regulation (EU) No 1343/2011 1 as amended by the Regulation (EU) N°2015/2102 2 . The current proposal will insert into that legislative act the measures to be transposed by way of amendments to it.
Revised version (Article 3 Definitions):
(a) ‘GFCM Agreement area’ means the Mediterranean and the Black Sea and connecting waters, as described in the GFCM Agreement; (b) ‘fishing effort’ means the product resulting from multiplying the capacity of a fishing vessel, expressed either in kW or in GT (gross tonnage), by the activity expressed in number of days at sea; (c) ‘day at sea’ means any calendar day on which a vessel is absent from port, irrespective of the amount of time in the course of that day that that vessel is present in an area; (d) ‘EU Fleet Register number’ means the Community Fleet Register number defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register ( 3 ); (e) ‘buffer area’ means a zone surrounding a fisheries restricted area in order to avoid accidental access to it, enhancing the protection of the surrounded area; (f) ‘Targeting blackspot seabream’ means carrying out fishing activities in which the quantities of blackspot seabream on board or landed constitute more than 20 % of the catch in live weight after sorting per tide.
Article 4 Establishment of a fisheries restricted area
A fisheries restricted area is established in the eastern Gulf of Lions, bounded by lines joining the following geographic coordinates: — 42° 40′ N, 4° 20′ E — 42° 40′ N, 5° 00′ E — 43° 00′ N, 4° 20′ E — 43° 00′ N, 5° 00′ E.
Article 5 Fishing effort
For demersal stocks, the fishing effort of vessels using towed nets, bottom- and mid-water longlines and bottom-set nets in the fisheries restricted area as referred to in Article 4 shall not exceed the level of fishing effort applied in 2008 by each Member State in that area.
Article 6 Fishing track record
Member States shall, not later than 16 February 2012, submit to the Commission in electronic format a list of vessels flying their flag that had a track record of fishing during the year 2008 in the area referred to in Article 4 and in GFCM Geographical Sub-Area 7 as defined in Annex I. That list shall contain the name of the vessel, its EU Fleet Register number, the period for which the vessel was authorised to fish in the area referred to in Article 4 and the number of days spent by each vessel in the year 2008 in Geographical Sub-Area 7 and more specifically in the area referred to in Article 4.
Article 7 Authorised vessels
1. Vessels authorised to fish in the area referred to in Article 4 shall be issued with a fishing authorisation by their Member State in accordance with Article 7 of 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 ( 9 ) . 2. Fishing vessels which do not have records of fishing within the area referred to in Article 4 prior to 31 December 2008 shall not be authorised to start fishing therein. 3. Member States shall, not later than 16 February 2012, communicate to the Commission the national legislation in force on 31 December 2008 concerning: (a) the maximum number of hours per day a vessel is permitted to engage in fishing activity; (b) the maximum number of days per week a vessel is permitted to stay at sea and be absent from port; and (c) the compulsory times for fishing vessels to exit from, and return to, their registered port.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The proposal aims at transposing in Union law a number of measures adopted by the General Fisheries Commission for the Mediterranean (GFCM) at its annual sessions of 2015, 2016 and 2017. The GFCM is a Regional Fisheries Management Organisation established under Article XIV of the FAO Constitution; its main objectives are to promote the development, conservation, rational management and best utilization of living marine resources and the sustainable development of aquaculture in the Mediterranean, Black Sea and connecting waters. The GFCM has the authority to adopt compulsory decisions (“recommendations”) in its area of competence; these acts are essentially addressed to its contracting parties but may also contain obligations for operators (e.g. the vessel master). The recommendations become binding within 120 days after the date of first notification, provided that no objections are lodged. The EU and ten Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain and Romania) are contracting parties to the GFCM Agreement. To the extent to which the content of the GFCM recommendations is not covered or is only partially covered by existing Union Law, the transposition of the relevant GFCM provisions is necessary to ensure that the latter will receive uniform and effective application throughout the European Union. The last transposition of GFCM decisions was done by means of Regulation (EU) No 1343/2011 1 as amended by the Regulation (EU) N°2015/2102 2 . The current proposal will insert into that legislative act the measures to be transposed by way of amendments to it.
Revised version (Article 7 Authorised vessels):
1. Vessels authorised to fish in the area referred to in Article 4 shall be issued with a fishing authorisation by their Member State in accordance with Article 7 of 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 ( 4 ). 2. Fishing vessels which do not have records of fishing within the area referred to in Article 4 prior to 31 December 2008 shall not be authorised to start fishing therein.
Article 8 Protection of sensitive habitats
Member States shall ensure that the area referred to in Article 4 is protected from the impact of any other human activity jeopardising the conservation of the features that characterise that area as an area of spawners’ aggregation.
Article 9 Information
Before 1 February of each year, Member States shall submit to the Commission in electronic format a report on the fishing activities carried out in the area referred to in Article 4. The Commission may adopt implementing acts as regards detailed rules for the format and transmission of the report on such fishing activities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).
Article 10 Establishment of fisheries restricted areas
Fishing with towed dredges and bottom trawl nets shall be prohibited in the following areas: (a) deep-sea fisheries restricted area ‘Lophelia reef off Capo Santa Maria di Leuca’ bounded by lines joining the following coordinates: — 39° 27,72′ N, 18° 10,74′ E — 39° 27,80′ N, 18° 26,68′ E — 39° 11,16′ N, 18° 32,58′ E — 39° 11,16′ N, 18° 04,28′ E; (b) deep-sea fisheries restricted area ‘The Nile delta area cold hydrocarbon seeps’ bounded by lines joining the following coordinates: — 31° 30,00′ N, 33° 10,00′ E — 31° 30,00′ N, 34° 00,00′ E — 32° 00,00′ N, 34° 00,00′ E — 32° 00,00′ N, 33° 10,00′ E; (c) deep-sea fisheries restricted area ‘The Eratosthenes Seamount’ bounded by lines joining the following coordinates: — 33° 00,00′ N, 32° 00,00′ E — 33° 00,00′ N, 33° 00,00′ E — 34° 00,00′ N, 33° 00,00′ E — 34° 00,00′ N, 32° 00,00′ E.
Amendment rationale: CONTEXT OF THE PROPOSAL The proposal aims at transposing in Union law a number of measures adopted by the General Fisheries Commission for the Mediterranean (GFCM) at its annual sessions of 2011, 2012 and 2013. The GFCM is a Regional Fisheries Management Organisation established under Article XIV of the FAO Constitution; its main objectives are to promote the development, conservation, rational management and best utilization of living marine resources and the sustainable development of aquaculture in the Mediterranean, Black Sea and connecting waters. The GFCM has the authority to adopt compulsory decisions (“recommendations”) in its area of competence; these acts are essentially addressed to the Contracting Parties but may also contain obligations for operators (e.g. the vessel master). The recommendations become binding within 120 days after the date of first notification, provided that no objections are lodged. The EU and ten Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain and Romania) are Contracting Parties to the GFCM Agreement. To the extent to which the content of the GFCM recommendations is not covered or is only partially covered by existing Union Law, the transposition of the relevant GFCM provisions is necessary to ensure that the latter will receive uniform and effective application throughout the European Union. The last transposition of GFCM decisions was done by means of Regulation (EU) No 1343/2011[1]. The current proposal will insert into that legislative act the measures to be transposed by way of amendments to it.
Revised version (Article 10 Establishment of fisheries restricted areas):
Fishing with towed dredges and bottom trawl nets shall be prohibited in the following areas: (a) deep-sea fisheries restricted area ‘Lophelia reef off Capo Santa Maria di Leuca’ bounded by lines joining the following coordinates: — 39° 27,72′ N, 18° 10,74′ E — 39° 27,80′ N, 18° 26,68′ E — 39° 11,16′ N, 18° 32,58′ E — 39° 11,16′ N, 18° 04,28′ E; (a) deep-sea fisheries restricted area ‘Lophelia reef off Capo Santa Maria di Leuca’ bounded by lines joining the following coordinates: — 39° 27,72′ N, 18° 10,74′ E — 39° 27,80′ N, 18° 26,68′ E — 39° 11,16′ N, 18° 32,58′ E — 39° 11,16′ N, 18° 04,28′ E; (b) deep-sea fisheries restricted area ‘The Nile delta area cold hydrocarbon seeps’ bounded by lines joining the following coordinates: — 31° 30,00′ N, 33° 10,00′ E — 31° 30,00′ N, 34° 00,00′ E — 32° 00,00′ N, 34° 00,00′ E — 32° 00,00′ N, 33° 10,00′ E; (b) deep-sea fisheries restricted area ‘The Nile delta area cold hydrocarbon seeps’ bounded by lines joining the following coordinates: — 31° 30,00′ N, 33° 10,00′ E — 31° 30,00′ N, 34° 00,00′ E — 32° 00,00′ N, 34° 00,00′ E — 32° 00,00′ N, 33° 10,00′ E; (c) deep-sea fisheries restricted area ‘The Eratosthenes Seamount’ bounded by lines joining the following coordinates: — 33° 00,00′ N, 32° 00,00′ E — 33° 00,00′ N, 33° 00,00′ E — 34° 00,00′ N, 33° 00,00′ E — 34° 00,00′ N, 32° 00,00′ E. (c) deep-sea fisheries restricted area ‘The Eratosthenes Seamount’ bounded by lines joining the following coordinates: — 33° 00,00′ N, 32° 00,00′ E — 33° 00,00′ N, 33° 00,00′ E — 34° 00,00′ N, 33° 00,00′ E — 34° 00,00′ N, 32° 00,00′ E.
Article 11 Protection of sensitive habitats
Member States shall ensure that their competent authorities are called upon to protect the deep-sea sensitive habitats in the areas referred to in Article 10 from, in particular, the impact of any other activity jeopardising the conservation of the features that characterise those habitats.
Article 12 Closed season
1. The common dolphinfish ( Coryphaena hippurus ) fisheries using fish aggregating devices (FADs) shall be prohibited from 1 January to 14 August of each year. 2. By way of derogation from paragraph 1, if a Member State can demonstrate that, due to bad weather, the fishing vessels flying its flag were unable to make use of their normal fishing days, that Member State may carry over days lost by its vessels in FAD fisheries until 31 January of the following year. In that case, before the end of the year Member States shall submit to the Commission an application in respect of the number of days to be carried over. 3. Paragraphs 1 and 2 shall also apply in the management zone referred to in Article 26(1) of Regulation (EC) No 1967/2006. 4. The application referred to in paragraph 2 shall contain the following information: (a) a report containing the details of the cessation of fishing activities in question, including appropriate supporting meteorological information; (b) the name of the vessel and its EU Fleet Register number. 5. The Commission shall decide on applications of the kind referred to in paragraph 2 within 6 weeks from the date of receipt of an application and shall inform the Member State in writing of that decision. 6. The Commission shall inform the Executive Secretary of the GFCM of decisions taken pursuant to paragraph 5. Before 1 November of each year, Member States shall send to the Commission a report on the carrying over of days lost in the previous year as referred to in paragraph 2. 7. The Commission may adopt implementing acts as regards detailed rules for the format and transmission of the applications referred to in paragraph 4 and of the report on such carrying over referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).
Article 13 Fishing authorisations
Fishing vessels authorised to participate in the common dolphinfish fishery shall be granted a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009 and shall be included in a list containing the name of the vessel and its EU Fleet Register number, which the Member State concerned shall provide to the Commission. Vessels of an overall length of less than 10 metres shall be required to have a fishing authorisation. This requirement shall also apply to the management zone referred to in Article 26(1) of Regulation (EC) No 1967/2006.
Article 14 Data collection
1. Without prejudice to Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy ( 10 ) , Member States shall set up an appropriate system of collection and treatment of fisheries catch and fishing effort data. 2. Member States shall report to the Commission by 15 January of each year the number of vessels involved in the fishery, as well as the total landings and transhipments of common dolphinfish carried out in the previous year by the fishing vessels flying their flag in each Geographical Sub-Area of the GFCM Agreement area as set out in Annex I. The Commission may adopt implementing acts as regards detailed rules for the format and transmission of such reports. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2). 3. The Commission shall forward the information received from the Member States to the Executive Secretary of the GFCM.
Article 15 Minimum mesh size in the Black Sea
1. The minimum mesh size for nets used for trawling activities exploiting demersal stocks in the Black Sea shall be 40 mm. Panels of netting smaller than 40 mm mesh size opening shall not be used or kept on board. 2. Before 1 February 2012, the net referred to in paragraph 1 shall be replaced by a square-meshed net of 40 mm at the cod-end or, at the duly justified request of the ship-owner, by a diamond meshed net of 50 mm with an acknowledged size selectivity equivalent to or higher than that of square-meshed nets of 40 mm at the cod-end. 3. Member States whose fishing vessels conduct trawling activities exploiting demersal stocks in the Black Sea shall submit to the Commission, for the first time not later than 16 February 2012 and subsequently every 6 months, the list of fishing vessels that conduct such activities in the Black Sea and that are equipped with a square-meshed net of at least 40 mm at the cod-end or diamond meshed nets of at least 50 mm, as well as the percentage that such vessels represent of the whole national demersal trawl fleet. The Commission may adopt implementing acts as regards detailed rules for the format and transmission of the information referred to in this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2). 4. The Commission shall forward the information referred to in paragraph 3 to the Executive Secretary of the GFCM.
Article 16 Use of towed dredges and trawl nets fisheries
The use of towed dredges and trawl nets fisheries at depths beyond 1 000 m shall be prohibited.
Article 17 Register of authorised vessels
1. Before 1 December of each year, each Member State shall send to the Commission, through the accustomed data-processing support, an updated list of the vessels of more than 15 metres in overall length flying its flag and registered in its territory that it authorises to fish in the GFCM Agreement area by issuance of a fishing authorisation. 2. The list indicated in paragraph 1 shall include the following information: (a) the vessel’s EU Fleet Register number and its external marking, as defined in Annex I to Regulation (EC) No 26/2004; (b) the period during which fishing and/or transhipment is authorised; (c) the fishing gears used. 3. The Commission shall send the updated list to the Executive Secretary of the GFCM before 1 January of each year so that the vessels concerned can be entered on the GFCM register of vessels of more than 15 metres in overall length authorised to fish in the GFCM Agreement area (GFCM register). 4. Any change to be made to the list referred to in paragraph 1 shall be notified to the Commission for transmission to the Executive Secretary of the GFCM, through the accustomed data-processing support, at least 10 working days before the vessel begins fishing activity in the GFCM Agreement area. 5. EU fishing vessels of more than 15 metres in overall length that are not entered on the list referred to in paragraph 1 shall not fish, retain on board, tranship or land any type of fish or shellfish within the GFCM Agreement area. 6. Member States shall take the necessary measures to ensure that: (a) only vessels flying their flag that are included in the list referred to in paragraph 1 and that hold on board a fishing authorisation issued by them are permitted, under the terms of the authorisation, to carry out fishing activities in the GFCM Agreement area; (b) no fishing authorisation is issued to vessels that have carried out illegal, unregulated and unreported fishing (IUU fishing) in the GFCM Agreement area or elsewhere, unless the new owners provide adequate documentary evidence that the previous owners and operators no longer have any legal, beneficial or financial interest in, or exercise any control over, their vessels, or that their vessels neither take part in nor are associated with IUU fishing; (c) as far as possible, their national legislation prohibits owners and operators of vessels flying their flag that are included in the list referred to in paragraph 1 from taking part in, or being associated with, fishing activities carried out in the GFCM Agreement area by vessels not on the GFCM register; (d) as far as possible, their national legislation requires owners of vessels flying their flag that are included in the list referred to in paragraph 1 to be nationals or legal entities within the flag Member State; (e) their vessels comply with all the relevant GFCM conservation and management measures. 7. Member States shall take the necessary measures to prohibit fishing, retention on board, transhipment and landing of fish and shellfish caught in the GFCM Agreement area carried out by vessels of more than 15 metres in overall length that are not on the GFCM register. 8. Member States shall, without delay, communicate to the Commission any information showing that there are strong reasons for suspecting that vessels of more than 15 metres in overall length that are not on the GFCM register are fishing for or transhipping fish and shellfish in the GFCM Agreement area.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The proposal aims at transposing in Union law a number of measures adopted by the General Fisheries Commission for the Mediterranean (GFCM) at its annual sessions of 2015, 2016 and 2017. The GFCM is a Regional Fisheries Management Organisation established under Article XIV of the FAO Constitution; its main objectives are to promote the development, conservation, rational management and best utilization of living marine resources and the sustainable development of aquaculture in the Mediterranean, Black Sea and connecting waters. The GFCM has the authority to adopt compulsory decisions (“recommendations”) in its area of competence; these acts are essentially addressed to its contracting parties but may also contain obligations for operators (e.g. the vessel master). The recommendations become binding within 120 days after the date of first notification, provided that no objections are lodged. The EU and ten Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain and Romania) are contracting parties to the GFCM Agreement. To the extent to which the content of the GFCM recommendations is not covered or is only partially covered by existing Union Law, the transposition of the relevant GFCM provisions is necessary to ensure that the latter will receive uniform and effective application throughout the European Union. The last transposition of GFCM decisions was done by means of Regulation (EU) No 1343/2011 1 as amended by the Regulation (EU) N°2015/2102 2 . The current proposal will insert into that legislative act the measures to be transposed by way of amendments to it.
Revised version (Article 17 Register of authorised vessels):
1. Before 1 December of each year, each Member State shall send to the Commission, through the accustomed data-processing support, an updated list of the vessels of more than 15 metres in overall length flying its flag and registered in its territory that it authorises to fish in the GFCM Agreement area by issuance of a fishing authorisation. 3. The Commission shall send the updated list to the Executive Secretary of the GFCM before 1 January of each year so that the vessels concerned can be entered on the GFCM register of vessels of more than 15 metres in overall length authorised to fish in the GFCM Agreement area (GFCM register). 4. Any change to be made to the list referred to in paragraph 1 shall be notified to the Commission for transmission to the Executive Secretary of the GFCM, through the accustomed data-processing support, at least 10 working days before the vessel begins fishing activity in the GFCM Agreement area. 5. EU fishing vessels of more than 15 metres in overall length that are not entered on the list referred to in paragraph 1 shall not fish, retain on board, tranship or land any type of fish or shellfish within the GFCM Agreement area. 7. Member States shall take the necessary measures to prohibit fishing, retention on board, transhipment and landing of fish and shellfish caught in the GFCM Agreement area carried out by vessels of more than 15 metres in overall length that are not on the GFCM register. 8. Member States shall, without delay, communicate to the Commission any information showing that there are strong reasons for suspecting that vessels of more than 15 metres in overall length that are not on the GFCM register are fishing for or transhipping fish and shellfish in the GFCM Agreement area.
Article 18 Scope
This Chapter shall apply to third-country fishing vessels.
Article 19 Prior notice
By way of derogation from Article 6(1) of Regulation (EC) No 1005/2008, the period for prior notification shall be at least 72 hours before the estimated time of arrival at the port.
Article 20 Port inspections
1. Notwithstanding Article 9(1) of Regulation (EC) No 1005/2008, Member States shall carry out inspections in their designated ports of at least 15 % of landings and transhipment operations each year. 2. Notwithstanding Article 9(2) of Regulation (EC) No 1005/2008, fishing vessels that enter into a Member State’s port without prior authorisation shall be inspected in all cases.
Article 21 Inspection procedure
In addition to the requirements provided for in Article 10 of Regulation (EC) No 1005/2008, port inspections shall comply with the requirements set out in Annex II to this Regulation.
Article 22 Denial of use of port
1. Member States shall not allow a third-country vessel to use their ports for landing, transhipping or processing fisheries products caught in the GFCM Agreement area and shall deny it access to port services, including, inter alia, refuelling and re-supplying services, if the vessel: (a) does not comply with the requirements of this Regulation; (b) is included in a list of vessels that have engaged in, or have supported, IUU fishing adopted by a regional fisheries management organisation; or (c) does not have a valid authorisation to engage in fishing or fishing-related activities in the GFCM Agreement area. By way of derogation from the first subparagraph, nothing shall prevent Member States from allowing, in situations of force majeure or distress within the meaning of Article 18 of the United Nations Convention on the Law of the Sea ( 11 ) , a third-country vessel from using their ports for services strictly necessary to remedy such situations. 2. Paragraph 1 shall apply in addition to the provisions on denial of use of port provided for by Article 4(2) and Article 37(5) and (6) of Regulation (EC) No 1005/2008. 3. Where a Member State has denied the use of its ports to a third-country vessel in accordance with paragraph 1 or 2, it shall promptly notify the master of the vessel, the flag State, the Commission and the Executive Secretary of the GFCM of such action. 4. Where the grounds for denial referred to in paragraph 1 or 2 no longer apply, the Member State shall withdraw its denial and notify the addressees referred to in paragraph 3 of that withdrawal.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The proposal aims at transposing in Union law a number of measures adopted by the General Fisheries Commission for the Mediterranean (GFCM) at its annual sessions of 2015, 2016 and 2017. The GFCM is a Regional Fisheries Management Organisation established under Article XIV of the FAO Constitution; its main objectives are to promote the development, conservation, rational management and best utilization of living marine resources and the sustainable development of aquaculture in the Mediterranean, Black Sea and connecting waters. The GFCM has the authority to adopt compulsory decisions (“recommendations”) in its area of competence; these acts are essentially addressed to its contracting parties but may also contain obligations for operators (e.g. the vessel master). The recommendations become binding within 120 days after the date of first notification, provided that no objections are lodged. The EU and ten Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain and Romania) are contracting parties to the GFCM Agreement. To the extent to which the content of the GFCM recommendations is not covered or is only partially covered by existing Union Law, the transposition of the relevant GFCM provisions is necessary to ensure that the latter will receive uniform and effective application throughout the European Union. The last transposition of GFCM decisions was done by means of Regulation (EU) No 1343/2011 1 as amended by the Regulation (EU) N°2015/2102 2 . The current proposal will insert into that legislative act the measures to be transposed by way of amendments to it.
Revised version (Article 22 Denial of use of port):
By way of derogation from the first subparagraph, nothing shall prevent Member States from allowing, in situations of force majeure or distress within the meaning of Article 18 of the United Nations Convention on the Law of the Sea ( 11 ), a third-country vessel from using their ports for services strictly necessary to remedy such situations. 2. Paragraph 1 shall apply in addition to the provisions on denial of use of port provided for by Article 4(2) and Article 37(5) and (6) of Regulation (EC) No 1005/2008. 3. Where a Member State has denied the use of its ports to a third-country vessel in accordance with paragraph 1 or 2, it shall promptly notify the master of the vessel, the flag State, the Commission and the Executive Secretary of the GFCM of such action. 4. Where the grounds for denial referred to in paragraph 1 or 2 no longer apply, the Member State shall withdraw its denial and notify the addressees referred to in paragraph 3 of that withdrawal.
Article 23 Cooperation and information
1. The Commission and Member States shall cooperate and exchange information with the Executive Secretary of the GFCM, in particular by: (a) requesting information from, and providing information to, relevant databases; (b) requesting cooperation and cooperating in order to promote the effective implementation of this Regulation. 2. Member States shall ensure that their national fisheries-related information systems allow for the direct electronic exchange of information on port state inspections referred to in Title III between them and the Executive Secretary of the GFCM, taking due account of appropriate confidentiality requirements. 3. Member States shall take measures to share, by electronic means, information among relevant national agencies and to coordinate the activities of such agencies in the implementation of the measures set out in Chapter II of Title III. 4. Member States shall establish a list of contact points for the purpose of this Regulation, which shall be transmitted electronically, without delay, to the Commission and to the Executive Secretary and the contracting parties of the GFCM. 5. The Commission may adopt implementing acts as regards detailed rules for cooperation and the exchange of information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).
Article 24 Reporting of statistical matrices
1. Member States shall submit before 1 May of each year to the Executive Secretary of the GFCM the data for Tasks 1.1, 1.2, 1.3, 1.4 and 1.5 of the GFCM statistical matrix as set out in Section C of Annex III. 2. For the submission of data referred to in paragraph 1, Member States shall use the GFCM data-entry system or any other appropriate data submission standard and protocol that is set by the Executive Secretary of the GFCM and that is available on the GFCM website. 3. Member States shall inform the Commission of the data submitted on the basis of this Article. The Commission may adopt implementing acts as regards detailed rules for the format and transmission of data referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(2).
Article 25 Committee procedure
1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 30(1) of Regulation (EC) No 2371/2002. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 26 Delegation of powers
As far as is necessary, in order to implement in Union law amendments that become obligatory for the Union to existing GFCM measures that have already been implemented in Union law, the Commission shall be empowered to adopt delegated acts, in accordance with Article 27, in order to amend the provisions of this Regulation in respect of the following: (a) the provision to the Executive Secretary of the GFCM of information under Article 15(4); (b) the transmission of the list of authorised vessels to the Executive Secretary of the GFCM under Article 17; (c) port state measures set out in Articles 18 to 22; (d) cooperation, information and reporting set out in Articles 23 and 24; (e) the table, the map and the geographical coordinates of GFCM Geographical Sub-Areas (GSAs) set out in Annex I; (f) port state inspection procedures for vessels set out in Annex II; and (g) GFCM statistical matrices set out in Annex III.
Article 27 Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 26 shall be conferred on the Commission for a period of 3 years from 19 January 2012. The Commission shall draw up a report in respect of the delegation of power not later than 6 months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period. 3. The delegation of powers referred to in Article 26 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 26 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
Amendment rationale: CONTEXT OF THE PROPOSAL The proposal aims at transposing in Union law a number of measures adopted by the General Fisheries Commission for the Mediterranean (GFCM) at its annual sessions of 2011, 2012 and 2013. The GFCM is a Regional Fisheries Management Organisation established under Article XIV of the FAO Constitution; its main objectives are to promote the development, conservation, rational management and best utilization of living marine resources and the sustainable development of aquaculture in the Mediterranean, Black Sea and connecting waters. The GFCM has the authority to adopt compulsory decisions (“recommendations”) in its area of competence; these acts are essentially addressed to the Contracting Parties but may also contain obligations for operators (e.g. the vessel master). The recommendations become binding within 120 days after the date of first notification, provided that no objections are lodged. The EU and ten Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain and Romania) are Contracting Parties to the GFCM Agreement. To the extent to which the content of the GFCM recommendations is not covered or is only partially covered by existing Union Law, the transposition of the relevant GFCM provisions is necessary to ensure that the latter will receive uniform and effective application throughout the European Union. The last transposition of GFCM decisions was done by means of Regulation (EU) No 1343/2011[1]. The current proposal will insert into that legislative act the measures to be transposed by way of amendments to it.
Revised version (Article 27 Exercise of the delegation):
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 16b, 16c and 26 shall be conferred on the Commission for a period of 3 years from 28 November 2015 . The Commission shall draw up a report in respect of the delegation of power not later than 6 months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period. 3. The delegation of powers referred to in Articles 16b, 16c and 26 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Articles 16b, 16c and 26 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
Article 29 Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union .
Amendment rationale: CONTEXT OF THE PROPOSAL The proposal aims at transposing in Union law a number of measures adopted by the General Fisheries Commission for the Mediterranean (GFCM) at its annual sessions of 2011, 2012 and 2013. The GFCM is a Regional Fisheries Management Organisation established under Article XIV of the FAO Constitution; its main objectives are to promote the development, conservation, rational management and best utilization of living marine resources and the sustainable development of aquaculture in the Mediterranean, Black Sea and connecting waters. The GFCM has the authority to adopt compulsory decisions (“recommendations”) in its area of competence; these acts are essentially addressed to the Contracting Parties but may also contain obligations for operators (e.g. the vessel master). The recommendations become binding within 120 days after the date of first notification, provided that no objections are lodged. The EU and ten Member States (Bulgaria, Croatia, Cyprus, France, Greece, Italy, Malta, Slovenia, Spain and Romania) are Contracting Parties to the GFCM Agreement. To the extent to which the content of the GFCM recommendations is not covered or is only partially covered by existing Union Law, the transposition of the relevant GFCM provisions is necessary to ensure that the latter will receive uniform and effective application throughout the European Union. The last transposition of GFCM decisions was done by means of Regulation (EU) No 1343/2011[1]. The current proposal will insert into that legislative act the measures to be transposed by way of amendments to it.
Revised version (Article 29 Entry into force):
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States.