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Document 52008AP0118

    Fishing activities of Community and third-country fishing vessels
    European Parliament legislative resolution of 10 April 2008 on the proposal for a Council regulation concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (COM(2007)0330 — C6-0236/2007 — 2007/0114(CNS))

    OJ C 247E, 15.10.2009, p. 87–91 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    15.10.2009   

    EN

    Official Journal of the European Union

    CE 247/87

    Thursday 10 April 2008
    Fishing activities of Community and third-country fishing vessels *

    P6_TA(2008)0118

    European Parliament legislative resolution of 10 April 2008 on the proposal for a Council regulation concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (COM(2007)0330 — C6-0236/2007 — 2007/0114(CNS))

    2009/C 247 E/21

    (Consultation procedure)

    The European Parliament,

    having regard to the Commission proposal to the Council (COM(2007)0330),

    having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0236/2007),

    having regard to Rule 51 of its Rules of Procedure,

    having regard to the report of the Committee on Fisheries and the opinion of the Committee on Development (A6-0072/2008),

    1.

    Approves the Commission proposal as amended;

    2.

    Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

    3.

    Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

    4.

    Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

    5.

    Instructs its President to forward its position to the Council and the Commission.

    TEXT PROPOSED BY THE COMMISSION

    AMENDMENTS BY PARLIAMENT

    Amendment 1

    Article 1, point (b)

    (b)

    		the authorisation for vessels flying the flag of a Member State other than Community fishing vessels to engage in activities outside Community waters in the framework of an agreement;

    deleted

    Amendment 2

    Article 2, point (m)

    (m)

    Serious infringement: a serious infringement as defined in Regulation (EC) No 1447/99 of 24 June 1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy or a serious infringement or a serious violation under the agreement concerned;

    (m)

    Serious infringement: a serious infringement as defined in Regulation (EC) No 1447/1999 of 24 June 1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy, or a serious infringement or a serious violation under the agreement concerned; an infringement shall be confirmed by a successful prosecution in accordance with the relevant national legislation;

    Amendment 3

    Article 2, point (n)

    (n)

    IUU list: list of fishing vessels identified in the framework of a RFMO as having been involved in illegal, unreported and unregulated fishing;

    (n)

    IUU list: list of fishing vessels identified in the framework of a RFMO or by the Commission under Council Regulation (EC) No … of … [establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing]  (1) as having been involved in illegal, unreported and unregulated fishing;

    Amendment 5

    Article 3

    Only Community fishing vessels for which a fishing authorisation has been issued in accordance with this Regulation shall be entitled to engage in fishing activities in the waters subject to an agreement .

    Only Community fishing vessels for which a fishing authorisation has been issued in accordance with this Regulation shall be entitled to engage in fishing activities outside Community waters .

    Amendment 6

    Article 4, paragraph 1

    1.

    When an agreement has been concluded, the Commission shall inform the Member States thereof.

    1.

    The Commission may seek expressions of interest from the Member States before negotiations start on an agreement, subject to confirmation once negotiations are complete and allocations made. When an agreement has been concluded by the third country and approved by the Council, the Commission shall inform the Member States thereof.

    Amendment 7

    Article 7, paragraph 1, point (a)

    (a)

    that are not eligible for a fishing authorisation under the agreement concerned or are not included in the list of vessels notified in accordance with Article 4 ;

    (a)

    that are not eligible for a fishing authorisation under the agreement concerned;

    Amendment 8

    Article 7, paragraph 1, point (b)

    (b)

    that during the previous 12 months of fishing activities under the agreement concerned or, in case of a new agreement, of fishing activities of the agreement that preceded that agreement, have committed a serious infringement, or, where appropriate, have not yet fulfilled the conditions under that agreement for that period;

    (b)

    that during the previous 12 months of fishing activities under the agreement concerned or, in case of a new agreement, of fishing activities of the agreement that preceded that agreement, have committed a serious infringement, or, where appropriate, have not yet fulfilled the conditions under that agreement for that period , except where a penalty has already been imposed on the vessel concerned, where there is evidence that the infringement was not serious, and/or where the owner of the vessel has changed and the new owner provides guarantees that those conditions will be fulfilled.

    Amendment 9

    Article 7, paragraph 1, point (d)

    (d)

    for which the data contained in the Community fleet register and the Community fishing authorisation information system within the meaning of Article 16 is incomplete or inaccurate ;

    (d)

    until such time as incomplete or inaccurate data concerning them in the Community fleet register and the Community fishing authorisation information system within the meaning of Article 16 have been corrected ;

    Amendment 10

    Article 9, paragraph 1, introductory part

    1.

    The Commission shall not transmit to the authorising authority applications, with regard to which:

    1.

    The Commission , having given the Member States the opportunity to submit their observations, shall not transmit to the authorising authority applications, with regard to which:

    Amendment 11

    Article 9, paragraph 1, point (a)

    (a)

    the data provided by the Member State is incomplete;

    (a)

    the data provided by the Member State is incomplete with respect to the requirements of the fisheries agreement in question ;

    Amendment 12

    Article 10

    Where the Commission has reason to believe that a Member State has not complied with the obligations referred to in Annex I with regard to a specific agreement, it shall inform the Member State thereof and give that Member State the opportunity to submit its observations. Should the Commission determine , in the light of any observations submitted by the Member State, that a breach of those obligations has occurred, then it shall decide, having due regard to the principles of legitimate expectation and proportionality, to exclude the vessels of that Member State from further participation under that agreement.

    Where it comes to the Commission's knowledge, on the basis of duly substantiated facts, that a Member State has not complied with the obligations referred to in Annex I with regard to a specific agreement, the Commission shall inform the Member State thereof and give that Member State the opportunity to submit its observations. If , in the light of any observations submitted by the Member State, a breach of those obligations is proven to have occurred, the Commission may decide, having due regard to the principles of legitimate expectation and proportionality, to exclude the vessels of that Member State from further participation under that agreement.

    Amendment 13

    Article 17, paragraph 1

    1.

    Without prejudice to the provisions laid down in Titles II and IIa of Regulation (EC) No 2847/93, Community fishing vessels for which a fishing authorisation has been issued under Section II or Section III shall transmit on a daily basis to their competent national authority the data concerning their catches and fishing effort.

    1.

    Without prejudice to the provisions laid down in Titles II and IIa of Regulation (EEC) No 2847/93, Community fishing vessels for which a fishing authorisation has been issued under Section II or Section III shall transmit to their competent national authority the data concerning their catches and fishing effort with a frequency appropriate to each agreement and fishery concerned. The transmission requirements shall be compatible with those contained in Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensing  (2).

    Amendment 14

    Article 19, paragraph 1

    1.

    Without prejudice to Article 26(4) of Regulation (EC) No 2371/2002 and Article 21(3) of Regulation (EC) No 2847/93, when a Member State considers that the fishing opportunities which have been allocated to it have been exhausted, it shall immediately prohibit fishing activities for the respective area, stock or group of stocks.

    1.

    Without prejudice to Article 26(4) of Regulation (EC) No 2371/2002 and Article 21(3) of Regulation (EEC) No 2847/93, when a Member State considers that the fishing opportunities which have been allocated to it have been exhausted, it shall immediately prohibit fishing activities for the respective area, stock or group of stocks , and suspend those authorisations which have already been granted .

    Amendment 15

    Article 19, paragraph 3

    3.

    Where fishing authorisations have been issued for mixed fisheries and one of the stocks or group of stocks concerned is deemed to be exhausted, the Member State shall prohibit all fishing activities that are part of the mixed fisheries .

    3.

    Where fishing authorisations have been issued for mixed fisheries and one of the stocks or group of stocks concerned is deemed to be exhausted, the Member State shall prohibit the specific activities which threaten endangered stocks .

    Amendment 16

    Article 20, paragraph 1

    1.

    If a Community fishing vessel has committed a serious infringement, the Member State shall ensure that the vessels will no longer be allowed to make use of the fishing authorisation issued under the agreement concerned for the remaining duration of that authorisation and shall inform the Commission thereof without delay by electronic transmission.

    1.

    If a Community fishing vessel has committed a serious infringement when fishing under an agreement , the Member State shall ensure that the vessels will no longer be allowed to make use of the fishing authorisation issued under the agreement concerned for the remaining duration of that authorisation and shall inform the Commission thereof without delay by electronic transmission.

    Amendment 17

    Article 20, paragraph 3

    3.

    Inspection and surveillance reports drawn up by Commission inspectors, Community inspectors, inspectors of the Member States or inspectors of a third country, which is party to the agreement concerned, shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated equally to inspection and surveillance reports of the Member State.

    3.

    Inspection and surveillance reports drawn up by Commission inspectors, Community inspectors, inspectors of the Member States or inspectors of a third country, which is party to the agreement concerned, shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated equally to inspection and surveillance reports of the Member State in accordance with the relevant national legislation .

    Amendment 18

    Article 21, paragraph 1, point (a)

    (a)

    For all concerned users of the Member States and concerned authorising authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to that data they need in the framework of the fishing authorisation process.

    (a)

    For authorising authorities concerned on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to those data they need in the framework of the fishing authorisation process.

    Amendment 19

    Article 21, paragraph 1, point (b)

    (b)

    For all concerned users of the competent inspection authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to that data they need in the framework of their inspection activities.

    (b)

    For the competent inspection authorities on the website linked to the Community fishing authorisation information system. The data accessible to these persons shall be limited to those data they need in the framework of their inspection activities.

    (1)   COM(2007)0602.

    (2)   OJ L 409, 30.12.2006, p. 1 .

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