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Document 52009AP0256
Conservation of fisheries resources through technical measures * European Parliament legislative resolution of 22 April 2009 on the proposal for a Council regulation concerning the conservation of fisheries resources through technical measures (COM(2008)0324 – C6-0282/2008 – 2008/0112(CNS))
Conservation of fisheries resources through technical measures * European Parliament legislative resolution of 22 April 2009 on the proposal for a Council regulation concerning the conservation of fisheries resources through technical measures (COM(2008)0324 – C6-0282/2008 – 2008/0112(CNS))
Conservation of fisheries resources through technical measures * European Parliament legislative resolution of 22 April 2009 on the proposal for a Council regulation concerning the conservation of fisheries resources through technical measures (COM(2008)0324 – C6-0282/2008 – 2008/0112(CNS))
OJ C 184E, 8.7.2010, p. 253–259
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
8.7.2010 |
EN |
Official Journal of the European Union |
CE 184/253 |
Wednesday 22 April 2009
Conservation of fisheries resources through technical measures *
P6_TA(2009)0256
European Parliament legislative resolution of 22 April 2009 on the proposal for a Council regulation concerning the conservation of fisheries resources through technical measures (COM(2008)0324 – C6-0282/2008 – 2008/0112(CNS))
2010/C 184 E/61
(Consultation procedure)
The European Parliament,
having regard to the Commission proposal to the Council (COM(2008)0324),
having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0282/2008),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Fisheries (A6-0206/2009),
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 |
AMENDMENT |
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Amendment 1 |
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Proposal for a regulation Recital 7 a (new) |
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Amendment 2 |
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Proposal for a regulation Recital 12 a (new) |
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Amendment 3 |
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Proposal for a regulation Recital 13 a (new) |
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Amendment 4 |
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Proposal for a regulation Recital 15 |
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Amendment 5 |
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Proposal for a regulation Recital 17 |
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Amendment 6 |
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Proposal for a regulation Recital 19 |
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Amendment 7 |
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Proposal for a regulation Article 2 a (new) |
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Article 2a Regional regulations The Council, on a proposal from the Commission, shall, in accordance with the procedure laid down in Article 37 of the Treaty, adopt the measures applicable specifically in the various regions corresponding to the various Regional Advisory Councils (RACs). |
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Amendment 8 |
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Proposal for a regulation Article 3 - point b |
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Amendment 9 |
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Proposal for a regulation Article 3 - point e |
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Amendment 10 |
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Proposal for a regulation Article 4 - paragraph 3 a (new) |
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3a. In the case of small pelagics (sardine, anchovy, horse mackerel and mackerel) the possibility for 10 % of catches to be made up of undersized fish shall be maintained. |
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Amendment 11 |
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Proposal for a regulation Article 5 |
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One net rule |
Combinations of nets |
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It shall be prohibited to carry on board, during any fishing voyage, any combination of nets of more than one range of mesh size. |
1. The Council, on a proposal from the Commission, shall regulate cases where vessels may carry on board one or more than one combination of nets of more than one range of mesh size during the same fishing voyage . |
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2. These criteria shall take account of:
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3. The content of this Article shall be regulated within the framework laid down in Article 2a of this Regulation. |
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Amendment 12 |
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Proposal for a regulation Article 6 - paragraph 2 - point a |
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Amendment 13 |
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Proposal for a regulation Article 6 - paragraph 2 - point b a (new) |
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Amendment 14 |
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Proposal for a regulation Article 6 - paragraph 3 - point d |
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deleted |
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Amendment 15 |
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Proposal for a regulation Article 6 - paragraph 4 |
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4. By way of derogation from paragraphs (2)(a), (3)(b), (3)(d) and (3)(e), the mesh size of 80 mm shall be replaced by 60 mm when fishing in ICES zones VIII, IX and X. |
deleted |
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Amendment 16 |
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Proposal for a regulation Article 8 - paragraph 2 |
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2. The immersion time of gillnets and trammel nets shall not exceed 48 hours. |
2. The immersion time of gillnets and trammel nets shall not exceed 24 hours. |
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Amendment 17 |
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Proposal for a regulation Article 8 - paragraph 3 |
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3. Where fishing is conducted using gillnets and trammel nets, the use of more than 50 km of nets shall be prohibited. |
3. Where fishing is conducted using gillnets and trammel nets, the use of more than 40 km of nets shall be prohibited. |
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Amendment 18 |
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Proposal for a regulation Article 9 - paragraph 1 |
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1. By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 120 mm and less than 150 mm north of 48°N or with a mesh size equal to or greater than 100 mm and less than 130 mm south of 48°N, in waters of less than 600 metres charted depth, provided that they are no more than 100 meshes deep, have a hanging ratio of not less than 0.5, and are rigged with floats or equivalent floatation. The nets shall each be of a maximum of 5 nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25km per vessel. The maximum immersion time shall be 24 hours. |
1. By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 120 mm and less than 150 mm north of 48°N or with a mesh size equal to or greater than 100 mm and less than 130 mm south of 48°N, in waters of less than 400 metres charted depth, provided that they are no more than 100 meshes deep, have a hanging ratio of not less than 0.5, and are rigged with floats or equivalent floatation. The nets shall each be of a maximum of 5 nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25km per vessel. The maximum immersion time shall be 24 hours unless weather conditions make hauling of the nets impossible. |
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Amendment 19 |
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Proposal for a regulation Article 9 - paragraph 2 |
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2. By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 250 mm, in waters of less than 600 metres charted depth, provided that they are no more than 15 meshes deep, have a hanging ratio of not less than 0.33, and are not rigged with floats or other means of floatation. The nets shall each be of a maximum of 10km in length. The total length of all nets deployed at any one time shall not exceed 100 km per vessel. The maximum immersion time shall be 72 hours. |
2. By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 250 mm, in waters of less than 600 metres charted depth, provided that they are no more than 15 meshes deep, have a hanging ratio of not less than 0.33, and are not rigged with floats or other means of floatation. The nets shall each be of a maximum of 10km in length. The total length of all nets deployed at any one time shall not exceed 60 km per vessel. The maximum immersion time shall be 72 hours. |
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Amendment 20 |
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Proposal for a regulation Article 10 - paragraph 1 |
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1. Where the quantity of undersized fish caught exceeds 10 % of the total quantity of the catches in any one haul, the vessel shall move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing. |
1. Where the weight of undersized fish caught , in accordance with Annex I, exceeds 10 % of the total weight of the catches in any one haul, and this situation recurs in a series of three consecutive hauls, the vessel shall move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing. |
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By way of derogation from the previous subparagraph, for local and inshore fisheries with particular characteristics owing to both the depth and composition of the seabed and distance from the coast, and subject to a scientific report substantiating those characteristics, the obligation to move away may be less than five nautical miles provided that it is guaranteed that fishing activity is not carried out on a concentration of juveniles. |
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Amendment 21 |
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Proposal for a regulation Article 10 - paragraph 2 |
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2. If the minimum and/or maximum percentages of target species, excluding undersized fish of the target species, allowed to be caught with the mesh size range admissible for that species and retained on board, in any one haul have not been in agreement with the percentages laid down in detailed rules adopted in accordance with Article 22, the vessel must immediately move a minimum of 10 nautical miles from any position of the previous haul and throughout the next haul keep a minimum distance of 10 nautical miles from any position of the previous haul . |
2. The Council, on a proposal from the Commission, shall determine the corresponding closed areas and periods within the framework of Article 2a of this Regulation . |
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Amendment 22 |
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Proposal for a regulation Article 12 |
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The catching, retention on board, the transhipment, storage, landing, sale, display or offer for sale of marine organisms caught using methods incorporating the use of explosives, poisonous or stupefying substances, electric current or any kind of projectile shall be prohibited. |
The catching, retention on board, the transhipment, storage, landing, sale, display or offer for sale of marine organisms caught using methods incorporating the use of explosives, poisonous or stupefying substances, electric current or any kind of projectile shall be prohibited , except pulse trawl fishing . |
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Amendment 23 |
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Proposal for a regulation Article 16 - paragraph 1 |
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1. Where the conservation of certain species or fishing grounds is seriously threatened, including where a high congestion of juvenile fish is detected, and where any delay would result in damage which would be difficult to repair, a Member State may take appropriate conservation measures in respect of the waters under its sovereignty or jurisdiction. The Member State concerned shall ensure that such measures do not discriminate against fishing vessels from other Member States. |
1. Where the conservation of certain species or fishing grounds is seriously threatened, including where a high congestion of juvenile fish is detected, and where any delay would result in damage which would be difficult to repair, a Member State may take appropriate conservation measures in respect of the waters under its sovereignty or jurisdiction. The Member State concerned shall ensure that such measures do not discriminate against fishing vessels from other Member States. Before such measures are implemented, the appropriate Regional Advisory Councils and the Commission shall be consulted. |
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Amendment 24 |
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Proposal for a regulation Article 18 - paragraph 2 |
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2. Where any delay in reducing or eliminating discards would result in damage which would be difficult to repair, a Member State may take appropriate non-discriminatory conservation measures in respect of the waters under its sovereignty or jurisdiction in accordance with Article 16 . |
2. Where any delay in reducing or eliminating discards would result in damage which would be difficult to repair, the Commission, at its own initiative or at the substantiated request of a Member State, may take appropriate non-discriminatory conservation measures in respect of the waters under the sovereignty or jurisdiction of the Member State concerned . Before such measures are taken, the Commission and the relevant Regional Advisory Council shall be consulted. |
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Amendment 25 |
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Proposal for a regulation Article 21 a (new) |
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Article 21a Future regulation Rules governing the regulation of the following elements of the technical measures shall be adopted by a Council regulation:
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Amendment 26 |
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Proposal for a regulation Article 22 |
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Detailed rules for the implementation of this Regulation shall be adopted in accordance with the procedure referred to in Article 30(2) of Regulation No 2371/2002. These rules shall lie down in particular: |
Other technical measures to implement this Regulation to protect marine habitats or fisheries resources shall be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. |
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Amendment 27 |
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Proposal for a regulation Article 24 - paragraph 2 a (new) |
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2a. The entry into force of this Regulation shall provide for a period for the adjustment of fleets and the adoption of supplementary rules. |
(1) Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (OJ L 17 21.1.2000, p. 22).