En En Amendments

European Parliament 2019-2024

Committee on Fisheries

2018/0193(COD)

15.5.2020

AMENDMENTS 996 - 1129

Draft report Clara Aguilera (PE647.060v01-00)

Proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009, and amending Council Regulations (EC) No 768/2005, (EC) No 1967/2006, (EC) No 1005/2008, and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries control

Proposal for a regulation (COM(2018)0368 – C8-0238/2018 – 2018/0193(COD))

AM\1205179EN.docx PE652.304v01-00

EN United in diversityEN AM_Com_LegReport

PE652.304v01-00 2/77 AM\1205179EN.docx EN Amendment 996 Catherine Chabaud, Pierre Karleskind, Stéphanie Yon-Courtin

Proposal for a regulation Article 1 – paragraph 1 – point 69 Regulation (EC) No 1224/2009 Article 93 – paragraph 4

Text proposed by the Commission Amendment

4. The data contained in the national 4. The data contained in the national register of infringements shall be stored and European registers of infringements only for as long as necessary for the shall be stored only for as long as purpose of this Regulation, but always for necessary for the purpose of this a minimum of five calendar years, starting Regulation, but always for a minimum of from the year following that in which the five calendar years, starting from the year information is recorded. following that in which the information is recorded.

Or. fr

Amendment 997 Catherine Chabaud, Pierre Karleskind, Stéphanie Yon-Courtin

Proposal for a regulation Article 1 – paragraph 1 – point 69 Regulation (EC) No 1224/2009 Article 93 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. The Commission shall be empowered to adopt delegated acts to further specify the rules for the implementation of the European register of infringements.

Or. fr

Amendment 998 Rosa D'Amato

Proposal for a regulation Article 1 – paragraph 1 – point 69

AM\1205179EN.docx 3/77 PE652.304v01-00 EN Regulation (EC) No 1224/2009 Article 93 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. Member States shall make publicly available in an aggregated and anonymised form the data contained in the national register of infringements.

Or. it

Amendment 999 Isabel Carvalhais, Manuel Pizarro

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Member States shall establish annual or Member States shall establish annual or multiannual national control programmes multiannual national control programmes for the inspections and the control of the for the inspections, the control and the rules of the common fisheries policy. surveillance of the rules of the common fisheries policy.

Or. en

Amendment 1000 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

National control programmes shall be risk- National control programmes shall be risk- based and shall be updated at least once a based and shall be updated at least once a year in particular taking into account newly year in particular taking into account newly adopted conservation and control adopted conservation and control measures measures. and the conclusions of annual evaluation

PE652.304v01-00 4/77 AM\1205179EN.docx EN report of the national control programme made by the Commission.

Or. en

Amendment 1001 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 1 – subparagraph 3

Text proposed by the Commission Amendment

National control programmes shall be deleted notified to the Commission before the 31 December of each year and shall cover at least the following calendar year.

Or. pt

Amendment 1002 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 1 – subparagraph 3

Text proposed by the Commission Amendment

National control programmes shall be National control programmes shall be notified to the Commission before the 31 notified to the Commission before the 31 December of each year and shall cover at December of each year and shall cover at least the following calendar year. least the following calendar year, and published in the national fisheries authority webpage until 31 January of the following year.

Or. en

AM\1205179EN.docx 5/77 PE652.304v01-00 EN Amendment 1003 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 2

Text proposed by the Commission Amendment

2. By 30 June every year, Member deleted States shall submit to the Commission a report on inspections and controls performed in the previous year, in accordance with the national control programmes and in compliance with the present Regulation.

Or. pt

Amendment 1004 Rosa D'Amato

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 2

Text proposed by the Commission Amendment

2. By 30 June every year, Member 2. By 30 June every year, Member States shall submit to the Commission a States shall submit to the Commission a report on inspections and controls report on inspections and controls performed in the previous year, in performed in the previous year and on the accordance with the national control measures taken to apply the system for programmes and in compliance with the awarding points, including the numbers present Regulation. of points awarded and cancelled, in accordance with the national control programmes and in compliance with the present Regulation. The Commission shall make such reports publicly accessible.

Or. it

PE652.304v01-00 6/77 AM\1205179EN.docx EN Amendment 1005 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 2

Text proposed by the Commission Amendment

2. By 30 June every year, Member 2. By 30 June every year, Member States shall submit to the Commission a States shall submit to the Commission a report on inspections and controls report on inspections and controls performed in the previous year, in performed in the previous year, in accordance with the national control accordance with the national control programmes and in compliance with the programmes and in compliance with the present Regulation. present Regulation. These reports shall be made public on the official website of the Member State submitting the report and on the public website of the Commission.

Or. en

Amendment 1006 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 2

Text proposed by the Commission Amendment

2. By 30 June every year, Member 2. By 31 March every year, Member States shall submit to the Commission a States shall submit to the Commission a report on inspections and controls report on inspections and controls performed in the previous year, in performed in the previous year, in accordance with the national control accordance with the national control programmes and in compliance with the programmes and in compliance with the present Regulation. present Regulation.

Or. en

AM\1205179EN.docx 7/77 PE652.304v01-00 EN Amendment 1007 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. The reports referred to in paragraph 2 shall contain at least the following information: (a) total budget allocated to fisheries control; (b) number and type of inspections and controls performed; (c) number and type of suspected and confirmed infringements, including serious infringements; (d) type of follow-up actions to confirmed infringements (simple warning, administrative sanction, criminal sanction, immediate enforcement measure, number of penalty points administered); and (e) number, place and type of lost fishing gears.

Or. en

Amendment 1008 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. By 30 June every year, the Commission shall publish an evaluation report of the implementation of the

PE652.304v01-00 8/77 AM\1205179EN.docx EN national control programmes.

Or. en

Amendment 1009 Rosanna Conte, Massimo Casanova, Annalisa Tardino, Valentino Grant

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 3

Text proposed by the Commission Amendment

3. The Commission is empowered to deleted adopt delegated acts in accordance with Article 119a to adopt minimum requirements for national control programmes and annual reports and to set the benchmarks for controls taking into account the objectives of the common fisheries policy and technical progress and scientific developments."

Or. it

Amendment 1010 France Jamet

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 3

Text proposed by the Commission Amendment

AM\1205179EN.docx 9/77 PE652.304v01-00 EN and scientific developments.

Or. fr

Amendment 1011 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 70 Regulation (EC) No 1224/2009 Article 93 a – paragraph 3

Text proposed by the Commission Amendment

3. The Commission is empowered to 3. The rules for implementing this adopt delegated acts in accordance with Article shall be laid down in accordance Article 119a to adopt minimum with Article 119(2). requirements for national control programmes and annual reports and to set the benchmarks for controls taking into account the objectives of the common fisheries policy and technical progress and scientific developments."

Or. pt

Amendment 1012 Isabel Carvalhais, Manuel Pizarro

Proposal for a regulation Article 1 – paragraph 1 – point 70 a (new) Regulation (EC) No 1224/2009 Article 95 – title

Present text Amendment

(70a) Article 95, Title is amended as follows: Specific control and inspection "Specific control, inspection and programmes surveillance programmes "

Or. en

PE652.304v01-00 10/77 AM\1205179EN.docx EN (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712&from=EN)

Amendment 1013 France Jamet

Proposal for a regulation Article 1 – paragraph 1 – point 71 Regulation (EC) No 1224/2009 Article 95 – paragraph 1

Text proposed by the Commission Amendment

(71) in Article 95, paragraph 1 is deleted replaced by the following: ‘1. Certain fisheries may be subject to specific control and inspection programmes. The Commission may, by means of implementing acts and in concert with the Member States concerned, determine which fisheries shall be subject to the specific control and inspection programmes on the basis of the need for specific and coordinated control of the fisheries in question. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’

Or. fr

Amendment 1014 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 71 Regulation (EC) No 1224/2009 Article 95 – paragraph 1

Text proposed by the Commission Amendment

1. Certain fisheries may be subject to 1. Certain fisheries may be subject to specific control and inspection specific control and inspection programmes. The Commission may, by programmes. The rules for implementing means of implementing acts and in this Article shall be laid down in concert with the Member States accordance with Article 119(2) and in

AM\1205179EN.docx 11/77 PE652.304v01-00 EN concerned, determine which fisheries consultation with the Member State shall be subject to the specific control and concerned. inspection programmes on the basis of the need for specific and coordinated control of the fisheries in question. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Or. pt

Amendment 1015 Isabel Carvalhais, Manuel Pizarro

Proposal for a regulation Article 1 – paragraph 1 – point 71 Regulation (EC) No 1224/2009 Article 95 – paragraph 1

Text proposed by the Commission Amendment

1. Certain fisheries may be subject to 1. Certain fisheries may be subject to specific control and inspection specific control, inspection and programmes. The Commission may, by surveillance programmes. The means of implementing acts and in concert Commission may, by means of with the Member States concerned, implementing acts and in concert with the determine which fisheries shall be subject Member States concerned, determine to the specific control and inspection which fisheries shall be subject to the programmes on the basis of the need for specific control, inspection and specific and coordinated control of the surveillance programmes on the basis of fisheries in question. Those implementing the need for specific and coordinated acts shall be adopted in accordance with control of the fisheries in question. Those the examination procedure referred to in implementing acts shall be adopted in Article 119(2). accordance with the examination procedure referred to in Article 119(2).

Or. en

Amendment 1016 Isabel Carvalhais, Manuel Pizarro

Proposal for a regulation Article 1 – paragraph 1 – point 71 a (new) Regulation (EC) No 1224/2009 Article 95 – paragraph 2

PE652.304v01-00 12/77 AM\1205179EN.docx EN Present text Amendment

(71a) Article 95, paragraph 2 is amended as follows: 2. The specific control and inspection "2. The specific control, inspection and programmes referred to in paragraph 1 surveillance programmes referred to in shall state the objectives, priorities and paragraph 1 shall state the objectives, procedures as well as benchmarks for priorities and procedures as well as inspection activities. Such benchmarks benchmarks for inspection activities. Such shall be established based on risk benchmarks shall be established based on management and revised periodically after risk management and revised periodically an analysis has been made of the results after an analysis has been made of the achieved. results achieved. "

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712&from=EN)

Amendment 1017 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 1 – paragraph 1 – point 71 b (new) Regulation (EC) No 1224/2009 Article 95 – paragraph 3

Present text Amendment

(71b) Article 95, paragraph 3 is amended as follows: 3. When a multiannual plan has "3. When a multiannual plan has entered into force and before a specific entered into force and before a specific control and inspection programme has control, inspection and surveillance become applicable, each Member State programme has become applicable, each shall establish risk management based Member State shall establish risk target benchmarks for inspection activities. management based target benchmarks for inspection activities. "

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712&from=EN)

AM\1205179EN.docx 13/77 PE652.304v01-00 EN Amendment 1018 Isabel Carvalhais, Manuel Pizarro

Proposal for a regulation Article 1 – paragraph 1 – point 71 c (new) Regulation (EC) No 1224/2009 Article 95 – paragraph 4

Present text Amendment

(71c) Article 95, paragraph 4 is amended as follows: 4. The Member States concerned shall "4. The Member States concerned shall adopt the necessary measures to ensure the adopt the necessary measures to ensure the implementation of the specific control and implementation of the specific control, inspection programmes, particularly as inspection and surveillance programmes, regards required human and material particularly as regards required human and resources and the periods and zones where material resources and the periods and these are to be deployed. zones where these are to be deployed. "

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712&from=EN)

Amendment 1019 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 71 d (new) Regulation (EC) No 1224/2009 Title X

Text proposed by the Commission Amendment

(71d) Title X is deleted.

Or. pt

Amendment 1020 Isabel Carvalhais, Manuel Pizarro

Proposal for a regulation Article 1 – paragraph 1 – point 71 e (new)

PE652.304v01-00 14/77 AM\1205179EN.docx EN Regulation (EC) No 1224/2009 Article 98 – paragraph 4

Present text Amendment

(71e) Article 98, paragraph 4 is amended as follows: 4. In case of sea or air controls and "4. In case of sea or air controls, inspections, the commander of the vessel inspections and surveillances, the or air craft shall be in sole charge of the commander of the vessel or air craft shall control and inspection operations. In be in sole charge of the control, inspection exercising his command he shall take due and surveillance operations. In exercising account of the verification programme his command he shall take due account of referred to in paragraph 1. the verification programme referred to in paragraph 1. "

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712&from=EN)

Amendment 1021 Rosa D'Amato

Proposal for a regulation Article 1 – paragraph 1 – point 71 f (new) Regulation (EC) No 1224/2009 Article 100 – paragraph 1 – point f

Present text Amendment

(71f) In Article 100, point (f) is replaced by the following: (f) the national system of sanctions, "(f) the national system of sanctions, including the adequacy of the sanctions including the adequacy of the sanctions imposed, duration of proceedings, imposed, implementation of the system for economic benefits forfeited by offenders the award of points, duration of and the deterrent nature of such system of proceedings, economic benefits forfeited sanctions; by offenders and the deterrent nature of such system of sanctions; "

Or. xm

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009R1224-20190814)

AM\1205179EN.docx 15/77 PE652.304v01-00 EN Justification

This amendment seeks to amend a provision within the existing act – Article 100(f) – that was not referred to in the Commission proposal.

Amendment 1022 Grace O'Sullivan, Caroline Roose, Ska Keller, Francisco Guerreiro, Benoît Biteau, Anja Hazekamp

Proposal for a regulation Article 1 – paragraph 1 – point 71 g (new) Regulation (EC) No 1224/2009 Article 101 – paragraph 4 a (new)

Text proposed by the Commission Amendment

(71g) in Article 101, the following paragraph is added: "4a. The Commission shall, no later than one month after their finalisation, publish a version of the verification, autonomous inspection or audit reports on its website. "

Or. en

Justification

Similar reports are already the published in other policy areas such as for compliance with feed and food law or animal health.

Amendment 1023 Grace O'Sullivan, Caroline Roose, Ska Keller, Francisco Guerreiro, Benoît Biteau, Anja Hazekamp

Proposal for a regulation Article 1 – paragraph 1 – point 72 a (new) Regulation (EC) No 1224/2009 Article 102 – paragraph 4 a (new)

Text proposed by the Commission Amendment

(72a) in Article 102, the following paragraph is added: "4a. If, after the action plan has been

PE652.304v01-00 16/77 AM\1205179EN.docx EN adopted, the Member State still fails to remedy the situation and act on the shortcomings in its control system, the Commission shall start an investigation with the aim to open infringement proceedings against that Member State. "

Or. en

Amendment 1024 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 72 a (new) Regulation (EC) No 1224/2009 Title XI

Text proposed by the Commission Amendment

(72a) Title XI is deleted.

Or. pt

Amendment 1025 Grace O'Sullivan, Caroline Roose, Ska Keller, Francisco Guerreiro, Benoît Biteau, Anja Hazekamp

Proposal for a regulation Article 1 – paragraph 1 – point 73 – point a Regulation (EC) No 1224/2009 Article 104 – paragraph 1

Text proposed by the Commission Amendment

1. Where a Member State does not 1. Where a Member State does not respect its obligations for the respect its obligations for the implementation of a multiannual plan, implementation of the rules on the and where the Commission has evidence common fisheries policy including rules that the failure to respect those obligations on technical measures for the constitutes a serious threat to the conservation of fishery resources and the conservation of a stock or group of stocks, protection of the marine ecosystems and the Commission may, by means of rules under this Regulation, and where the implementing acts, provisionally close the Commission has evidence that the failure fisheries affected by those shortcomings to respect those obligations constitutes a serious threat to the conservation of a stock

AM\1205179EN.docx 17/77 PE652.304v01-00 EN for the Member State concerned. or group of stocks, to the conservation status of a sensitive species or habitat, or to the protection of the marine environment, the Commission may, by means of implementing acts, provisionally close the fisheries affected by those shortcomings for the Member State concerned.

Or. en

Justification

Multi-Annual Plans (MAPs) are supposed to be holistic management tools and not only about exploiting fish stocks, as outlined in Article 9 and 10 of the CFP.

Amendment 1026 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 73 – point b Regulation (EC) No 1224/2009 Article 104 – paragraph 4

Text proposed by the Commission Amendment

4. The Commission shall, by means of 4. The Commission shall, by means of implementing acts, lift the closure after the implementing acts, lift the closure after the Member State has demonstrated in writing Member State has demonstrated in writing to the satisfaction of the Commission that to the satisfaction of the Commission that the fisheries can be safely exploited. the fisheries can be safely exploited and the threat to the marine environment has been removed .

Or. en

Amendment 1027 Søren Gade

Proposal for a regulation Article 1 – paragraph 1 – point 74 – point a Regulation (EC) No 1224/2009 Article 105 – paragraph 2 – subparagraph 1 – introductory part

PE652.304v01-00 18/77 AM\1205179EN.docx EN Text proposed by the Commission Amendment

In the case of an overfishing of a quota, In the case of exceeding a quota, allocation allocation or share of a stock or a group of or share of a stock or a group of stocks stocks available to a Member State in a available to a Member State in a given given year, the Commission shall, by year, the Commission shall, by means of means of implementing acts, operate implementing acts, operate deductions in deductions in the following year or years the following year or years from the annual from the annual quota, allocation or share quota, allocation or share of the Member of the Member State which has overfished State which has overfished by by applying a multiplying factor according to the following table:"

Or. en

Justification

Overfishing is not the right term, when fishers are allowed to use 10% flexibility. Flexibility is not equal to overfishing.

Amendment 1028 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 74 – point a Regulation (EC) No 1224/2009 Article 105 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission Amendment

In the case of an overfishing of a quota, In the case of an overfishing of a quota, allocation or share of a stock or a group of allocation or share of a stock or a group of stocks available to a Member State in a stocks available to a Member State in a given year, the Commission shall, by given year, the Commission shall, by means of implementing acts, operate means of implementing acts, operate deductions in the following year or years deductions in the following year from the from the annual quota, allocation or share annual quota, allocation or share of the of the Member State which has overfished Member State which has overfished by by applying a multiplying factor according applying a multiplying factor according to to the following table:" the following table:"

Or. en

AM\1205179EN.docx 19/77 PE652.304v01-00 EN Amendment 1029 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 74 – point b Regulation (EC) No 1224/2009 Article 105 – paragraph 4

Text proposed by the Commission Amendment

4. In the case of an overfishing of a 4. In the case of an overfishing of a quota, allocation or share of a stock or a quota, allocation or share of a stock or a group of stocks available to a Member group of stocks available to a Member State in earlier years, the Commission, State in earlier years, the Commission, may, by means of implementing acts, shall, by means of implementing acts, deduct quotas from future quotas of that deduct quotas from future quotas of that Member State to take account of the level Member State to take account of the level of overfishing. of overfishing.

Or. en

Amendment 1030 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 74 – point b Regulation (EC) No 1224/2009 Article 105 – paragraph 5

Text proposed by the Commission Amendment

5. If a deduction according to 5. If a deduction according to paragraphs 1 and 2 cannot be operated on paragraphs 1 and 2 cannot be operated on the quota, allocation or share of a stock or the quota, allocation or share of a stock or group of stocks that was overfished as such group of stocks that was overfished as such because that quota, allocation or share of a because that quota, allocation or share of a stock or group of stocks is not or not stock or group of stocks is not or not sufficiently available to the Member State sufficiently available to the Member State concerned, the Commission may, by means concerned, the Commission shall, by of implementing acts, deduct in the means of implementing acts, deduct in the following year or years quotas for other following year or years quotas for other stocks or groups of stocks available to that stocks or groups of stocks available to that Member State in the same geographical Member State in the same geographical area, or with the same commercial value in area, or with the same commercial value in

PE652.304v01-00 20/77 AM\1205179EN.docx EN accordance with paragraph 1. accordance with paragraph 1.

Or. en

Amendment 1031 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 75 – point c Regulation (EC) No 1224/2009 Article 106 – paragraph 3

Text proposed by the Commission Amendment

3. If a deduction according to 3. If a deduction according to paragraph 2 cannot be operated on the paragraph 2 cannot be operated on the maximum allowable fishing effort for a maximum allowable fishing effort for a stock that was exceeded as such because stock that was exceeded as such because such maximum allowable fishing effort for such maximum allowable fishing effort for that stock is not or not sufficiently that stock is not or not sufficiently available to the Member State concerned, available to the Member State concerned, the Commission, by means of the Commission, by means of implementing acts, may deduct in the implementing acts, shall deduct in the following year or years fishing effort following year or years fishing effort available to that Member State in the same available to that Member State in the same geographical area in accordance with geographical area in accordance with paragraph 2. paragraph 2.

Or. en

Amendment 1032 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 75 – point c Regulation (EC) No 1224/2009 Article 106 – paragraph 4

Text proposed by the Commission Amendment

4. The Commission may, by means of 4. The Commission shall, by means implementing acts, lay down detailed rules of implementing acts, lay down detailed concerning the assessment of the maximum rules concerning the assessment of the

AM\1205179EN.docx 21/77 PE652.304v01-00 EN available effort against which the excess of maximum available effort against which utilisation shall be calculated. Those the excess of utilisation shall be calculated. implementing acts shall be adopted in Those implementing acts shall be adopted accordance with the examination procedure in accordance with the examination referred to in Article 119(2). procedure referred to in Article 119(2).

Or. en

Amendment 1033 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 76 – point a Regulation (EC) No 1224/2009 Article 107 – paragraph 1

Text proposed by the Commission Amendment

1. Where there is evidence that rules 1. Where there is evidence that rules on the common fisheries policy are not on the common fisheries policy are not being complied with by a Member State being complied with by a Member State and that this may lead to a serious threat to and that this may lead to a serious threat to the conservation of stocks subject to the conservation of stocks subject to fishing opportunities, the Commission fishing opportunities, the Commission may, by means of implementing acts, shall, by means of implementing acts, operate deductions in the following year or operate deductions in the following year or years from the annual quotas, allocations or years from the annual quotas, allocations or shares of a stock or group of stocks shares of a stock or group of stocks available to that Member State, applying available to that Member State, applying the proportionality principle by taking into the proportionality principle by taking into account the damage caused to the stocks. account the damage caused to the stocks.

Or. en

Amendment 1034 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 76 a (new) Regulation (EC) No 1224/2009 Article 108 a (new)

PE652.304v01-00 22/77 AM\1205179EN.docx EN Text proposed by the Commission Amendment

(76a) the following Article is added: "Article 108a Coordinated assistance and follow up by the Commission 1. The Commission shall coordinate without delay the action undertaken by Member States when it, further to information received from Member States or from other sources, becomes aware of activities that are, or appear to be, contrary to the CFP rules and are of particular interest at Union level, and in particular when: (a) such activities have, or might have, ramifications in several Member States; (b) it appears that similar activities have been carried out in several Member States; or (c) Member States are unable to agree on appropriate action to address non- compliance. 2. When controls and inspections by a Member State show repeated and serious non-compliance with the rules of the CFP which might be of relevance at Union level, the competent authority of the inspecting Member State shall inform the Commission, the European Fisheries Control Agency and the competent authorities of the other concerned Member States without delay. 3. The Commission request that the competent authority of the concerned Member States intensify relevant official controls and report on the action and measures taken. "

Or. en

AM\1205179EN.docx 23/77 PE652.304v01-00 EN Amendment 1035 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 77 Regulation (EC) No 1224/2009 Article 109 – paragraphs 1, 2, 5 and 8

Text proposed by the Commission Amendment

[...] deleted

Or. pt

Amendment 1036 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 1 – paragraph 1 – point 77 – point a Regulation (EC) No 1224/2009 Article 109 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall set up a 1. Member States shall, until 31 computerised database for the purpose of December of the third year after entering validation of data recorded in accordance in force the present regulation, set up a with this Regulation. The validation of the computerised database for the purpose of data recorded includes the cross-checking, validation of data recorded in accordance analysis and verification of the data. with this Regulation. The validation of the data recorded includes the cross-checking, analysis and verification of the data.

Or. en

Amendment 1037 France Jamet

Proposal for a regulation Article 1 – paragraph 1 – point 77 – point a Regulation (EC) No 1224/2009 Article 109 – paragraph 2 – point b – point x

PE652.304v01-00 24/77 AM\1205179EN.docx EN Text proposed by the Commission Amendment

(x) data from close circuit television deleted systems on board of fishing vessels and other electronic monitoring of the landing obligation in accordance with Article 25a.

Or. fr

Amendment 1038 Giuseppe Ferrandino

Proposal for a regulation Article 1 – paragraph 1 – point 77 – point a Regulation (EC) No 1224/2009 Article 109 – paragraph 2 – point b – point x

Text proposed by the Commission Amendment

(x) data from close circuit television (x) data from electronic devices for systems on board of fishing vessels and monitoring the landing obligation." other electronic monitoring of the landing obligation in accordance with Article 25a."

Or. it

Amendment 1039 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 78 Regulation (EC) No 1224/2009 Article 110 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Member States shall ensure the 1. Member States shall ensure remote access at all time and without prior previously requested and authorised notice, for the Commission or the remote access for the Commission or the body(ies) designated by it, of the following body(ies) designated by it, of the following data in a non-aggregated form: data in a non-aggregated form:

Or. pt

AM\1205179EN.docx 25/77 PE652.304v01-00 EN Amendment 1040 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 78 Regulation (EC) No 1224/2009 Article 110 – paragraph 2

Text proposed by the Commission Amendment

2. The Commission or the body deleted designated by it may collect data, where necessary including personal data, in order to fulfil their duties under the rules of the common fisheries policy, in particular for carrying out inspections, verifications, audits and enquiries, or under the rules of agreements with third countries or international organisations.

Or. pt

Amendment 1041 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 78 Regulation (EC) No 1224/2009 Article 110 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall grant access to 3. Member States may grant access to Commission officials or staff of the body Commission officials or staff of the body designated by the Commission to the data designated by the Commission to the data referred to in paragraph 1. referred to in paragraph 1.

Or. pt

Amendment 1042 Manuel Bompard

PE652.304v01-00 26/77 AM\1205179EN.docx EN Proposal for a regulation Article 1 – paragraph 1 – point 78 Regulation (EC) No 1224/2009 Article 110 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. Without prejudice to Regulation (EU) 2016/679, the information referred to in paragraph 1 shall be made accessible by the competent authorities of the Member States to any natural or legal person who so requests and who has a legitimate interest;

Or. fr

Justification

It is necessary, in accordance with the rules on data protection set out in Regulation (EU) 2016/679, to grant independent scientists, NGOs, third-country inspectors and investigative journalists access to fisheries data, in order to guarantee the transparency of the control system. Access of this kind would enable all the actors involved in the control of fishing activities to participate in monitoring the application of the rules laid down by the regulation and to alert the EU institutions and the Member States.

Amendment 1043 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 78 Regulation (EC) No 1224/2009 Article 110 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. Without prejudice to the General Data Protection Regulation (EU) 2016/679, Member States shall grant access to any natural or legal person that can demonstrate a legitimate interest to the data referred to in paragraph 1.

Or. en

AM\1205179EN.docx 27/77 PE652.304v01-00 EN Justification

Enabling scientists and journalists to monitor fisheries data will foster independent scientific analysis and journalism. This acts as a deterrent and also helps authorities in identifying sustainable trends and red flags. The “Sprat and Herring” case shows the importance of cross checking fishing data, as inspections of Swedish commercial fisheries found around 50% more Sprat and 50% less herring catches than reported, providing a misleading picture of stock status and incorrect advice. The concept of legitimate interest is also used in the Anti- Money Laundering Directive.

Amendment 1044 Francisco José Millán Mon, Gabriel Mato

Proposal for a regulation Article 1 – paragraph 1 – point 78 Regulation (EC) No 1224/2009 Article 110 – paragraph 4 – subparagraph 2

Text proposed by the Commission Amendment

Data listed in paragraph 1(a)(ii) and (iii) Data listed in paragraph 1(a)(ii) and (iii) may be provided to scientific bodies of may be provided to scientific bodies of Member States, scientific bodies of the Member States, scientific bodies of the Union and Eurostat. Union and Eurostat. These data shall be in an anonymised format, so as not to permit the identification of individual vessels or natural persons.

Or. es

Amendment 1045 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 78 Regulation (EC) No 1224/2009 Article 110 – paragraph 4 – subparagraph 2

Text proposed by the Commission Amendment

Data listed in paragraph 1(a)(ii) and (iii) Data listed in paragraph 1(a)(ii) and (iii) may be provided to scientific bodies of shall be provided to scientific bodies of Member States, scientific bodies of the Member States, scientific bodies of the Union and Eurostat. Union and Eurostat, and to any natural or

PE652.304v01-00 28/77 AM\1205179EN.docx EN legal person that can demonstrate a legitimate interest.

Or. en

Amendment 1046 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 78 Regulation (EC) No 1224/2009 Article 110 – paragraph 5 a (new)

Text proposed by the Commission Amendment

5a. Member States shall publish annually their annual reports on national control programmes on the website of their competent authorities.

Or. en

Amendment 1047 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 80 Regulation (EC) No 1224/2009 Article 111 a – paragraph 1

Text proposed by the Commission Amendment

For the purpose of implementing Articles deleted 110 and 111, the Commission may, by means of implementing acts, lay down detailed rules on – data quality, compliance with deadlines for submission of data by operators, validation of the data, including cross-checks, analysis, verification, – exchange of data between Member States,

AM\1205179EN.docx 29/77 PE652.304v01-00 EN – access to the data by the Commission or body designated by it, – access to the data by scientific bodies of the Union and Eurostat, – interoperability and standardisation of databases data listed in Article 110(1) and (2), including additional specific safeguards for processing of personal data and security rules applicable to the databases.

Or. pt

Amendment 1048 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 80 Regulation (EC) No 1224/2009 Article 111 a – paragraph 1 – introductory part

Text proposed by the Commission Amendment

For the purpose of implementing Articles For the purpose of implementing Articles 110 and 111, the Commission may, by 110 and 111, the implementing rules shall means of implementing acts, lay down be laid down in accordance with Article detailed rules on 119(2).

Or. pt

Amendment 1049 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 80 Regulation (EC) No 1224/2009 Article 111 a – paragraph 2

Text proposed by the Commission Amendment

Those implementing acts shall be adopted deleted in accordance with the examination

PE652.304v01-00 30/77 AM\1205179EN.docx EN procedure referred to in Article 119(2).

Or. pt

Amendment 1050 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 81 Regulation (EC) No 1224/2009 Article 112

Text proposed by the Commission Amendment

[...] deleted

Or. pt

Amendment 1051 Nicolás González Casares, Clara Aguilera

Proposal for a regulation Article 1 – paragraph 1 – point 81 Regulation (EC) No 1224/2009 Article 112 – paragraph 3

Text proposed by the Commission Amendment

3. Personal data contained in 3. Personal data contained in information referred to in Article 110(1) information referred to in Article 110(1) and (2) shall not be stored for a period and (2) shall not be stored for a period longer than 5 years, except for personal longer than 5 years, except for personal data that is necessary to allow the follow data that is necessary to allow the follow up of a complaint, an infringement, an up of a complaint, an infringement, an inspection, a verification or an audit or on- inspection, a verification or an audit or on- going judicial or administrative going judicial or administrative proceedings, which may be retained for 10 proceedings, which may be retained for 10 years. If the information listed in Article years. If the information listed in Article 110(1) and (2) is retained for a longer 110(1) and (2) is retained for a longer period of time, the data shall be period of time, the data shall be anonymized. anonymized. For the purposes of Article 109 paragraph 2) point b) indent (x) in respect of data from closed circuit television systems on board fishing vessels, the retention period shall not

AM\1205179EN.docx 31/77 PE652.304v01-00 EN exceed one year.

Or. en

Amendment 1052 Grace O'Sullivan on behalf of the Greens/EFA Group

Proposal for a regulation Article 1 – paragraph 1 – point 81 Regulation (EC) No 1224/2009 Article 112 – paragraph 3

Text proposed by the Commission Amendment

3. Personal data contained in 3. Personal data contained in information referred to in Article 110(1) information referred to in Article 110(1) and (2) shall not be stored for a period and (2) shall not be stored for a period longer than 5 years, except for personal longer than 8 years while data stemming data that is necessary to allow the follow from CCTV shall not be stored for a up of a complaint, an infringement, an period longer than 1 year, except for inspection, a verification or an audit or on- personal data that is necessary to allow the going judicial or administrative follow up of a complaint, an infringement, proceedings, which may be retained for 10 an inspection, a verification or an audit or years. If the information listed in Article on-going judicial or administrative 110(1) and (2) is retained for a longer proceedings, which may be retained for 10 period of time, the data shall be years. If the information listed in Article anonymized. 110(1) and (2) is retained for a longer period of time, the data shall be anonymized.

Or. en

Justification

It can take several years before a court case is finally opened. The necessary information and potential evidence must remain available and accessible until then. At the same time, the European Data Protection Supervisor commented specifically on personal data from CCTV which should be retained for a shorter time, as necessary for the purposes for which they are processed (“storage limitation principle”), in line with Article 5(1)(e) of Regulation 679/2016 (GDPR).

Amendment 1053 Grace O'Sullivan, Caroline Roose, Ska Keller, Francisco Guerreiro, Benoît Biteau, Anja Hazekamp

PE652.304v01-00 32/77 AM\1205179EN.docx EN Proposal for a regulation Article 1 – paragraph 1 – point 81 a (new) Regulation (EC) 1224/2009 Article 113 – paragraph 2

Text proposed by the Commission Amendment

(81a) in Article 113, paragraph 2 is deleted

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712&from=EN)

Justification

The European Commission carries out regular verifications and audit missions of the national control systems, though Member States can veto the publication of this information on the basis of article 113. This lack of transparency facilitates mismanagement because fishers and civil society organisations cannot participate in proposing better fisheries management solutions to identified challenges. Moreover, it is also a contradiction of the Aarhus Convention and the jurisprudence of the Court of Justice of the European Union.

Amendment 1054 Grace O'Sullivan, Caroline Roose, Ska Keller, Francisco Guerreiro, Benoît Biteau, Anja Hazekamp

Proposal for a regulation Article 1 – paragraph 1 – point 81 b (new) Regulation (EC) No 1224/2009 Article 113 – paragraph 3

Text proposed by the Commission Amendment

(81b) in Article 113, paragraph 3 is deleted.

Or. en

Justification

AM\1205179EN.docx 33/77 PE652.304v01-00 EN management solutions to identified challenges. Moreover, it is also a contradiction of the Aarhus Convention and the jurisprudence of the Court of Justice of the European Union.

Amendment 1055 Rosa D'Amato

Proposal for a regulation Article 1 – paragraph 1 – point 82 Regulation (EC) No 1224/2009 Article 114 – paragraph 1

Text proposed by the Commission Amendment

For the purpose of this Regulation, each For the purpose of this Regulation, each Member State shall set up and keep up-to Member State shall set up and keep up-to date an official website for operators and date an official website readily accessible the general public, containing as a to operators and the general public, minimum the information listed in Article containing as a minimum the information 115. listed in Article 115.

Or. it

Amendment 1056 Fredrick Federley

Proposal for a regulation Article 1 – paragraph 1 – point 82 Regulation (EC) No 1224/2009 Article 114 – paragraph 1

Text proposed by the Commission Amendment

"For the purpose of this Regulation, each For the purpose of this Regulation, each Member State shall set up and keep up-to Member State or region shall set up and date an official website for operators and keep up-to date an official website or the general public, containing as a websites for operators and the general minimum the information listed in Article public, containing as a minimum the 115. information listed in Article 115.

Or. en

Amendment 1057 Fredrick Federley

PE652.304v01-00 34/77 AM\1205179EN.docx EN Proposal for a regulation Article 1 – paragraph 1 – point 82 Regulation (EC) No 1224/2009 Article 115 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

On their websites, Member States shall On their websites, Member States or publish without delay, or provide a direct regions shall publish without delay, or link to, the following information: provide a direct link to, the following information:

Or. en

Amendment 1058 Rosa D'Amato

Proposal for a regulation Article 1 – paragraph 1 – point 82 Regulation (EC) No 1224/2009 Article 115 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) the names and addresses of the (a) the names and addresses of the competent authorities responsible for competent authorities responsible for issuing fishing licences, and fishing issuing fishing licences, and fishing authorisations referred to in Article 7; authorisations referred to in Articles 7 and 55;

Or. it

Amendment 1059 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 1 – paragraph 1 – point 82 Regulation (EC) No 1224/2009 Article 115 – paragraph 1 – point i a (new)

Text proposed by the Commission Amendment

(ia) the National Control Programme set, the results and the evaluation report

AM\1205179EN.docx 35/77 PE652.304v01-00 EN made by the Commission at least 30 days after the dates stablished in article 93a

Or. en

Amendment 1060 Anja Hazekamp

Proposal for a regulation Article 1 – paragraph 1 – point 82 Regulation (EC) No 1224/2009 Article 115 – paragraph 1 a (new)

Text proposed by the Commission Amendment

On their websites, Member States shall publish on an annual basis the annual reports on their national control programmes. These reports shall contain the following information: (a) total budget allocated to fisheries control; (b) number and type of inspections and controls performed; (c) number and type of suspected and confirmed infringements, including serious infringements (d) type of follow-up actions to confirmed infringements (simple warning, administrative sanction, criminal sanction, immediate enforcement measure, number of penalty points administered); and (e) number, place and type of lost fishing gear.

Or. en

Justification

Increased transparency on the implementation of the EU fisheries control system by Member States is necessary to create a culture of trust and compliance.

PE652.304v01-00 36/77 AM\1205179EN.docx EN Amendment 1061 Rosa D'Amato

Proposal for a regulation Article 1 – paragraph 1 – point 83 a (new) Regulation (EC) No 1224/2009 Article 117 – paragraph 3 a (new)

Text proposed by the Commission Amendment

(83a) in Article 117, the following paragraph 3a is inserted: "3a. The Commission is empowered to adopt delegated acts in accordance with Article 119a in order to establish arrangements for mutual assistance regarding: (a) administrative cooperation between Member States, third countries, the Commission and the body designated by it; (b) Member States’ relations with the Commission and with third countries.”;

Or. it

Amendment 1062 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 84 Regulation (EC) No 1224/2009 Article 117 – paragraph 4

Text proposed by the Commission Amendment

4. The Commission may by means of deleted implementing acts, lay down rules on mutual assistance concerning: (a) administrative cooperation between Member States, third countries, the Commission and the body designated by it; (b) costs of executing a requests for

AM\1205179EN.docx 37/77 PE652.304v01-00 EN assistance; (c) designation of Member States' single authority; (d) communication of follow-up measures taken by national authorities further to exchange of information; (e) request for assistance, including requests for information, requests for measures and requests for administrative notifications and establishing deadlines for replies; (f) information without prior request; (g) Member States' relations with the Commission and with third countries. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Or. pt

Amendment 1063 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 84 Regulation (EC) No 1224/2009 Article 117 – paragraph 4 – subparagraph 1 – introductory part

Text proposed by the Commission Amendment

The Commission may by means of The rules for implementing this Article implementing acts, lay down rules on shall be laid down in accordance with mutual assistance concerning: Article 119(2).

Or. pt

Amendment 1064 Rosa D'Amato

Proposal for a regulation Article 1 – paragraph 1 – point 84

PE652.304v01-00 38/77 AM\1205179EN.docx EN Regulation (EC) No 1224/2009 Article 117 – paragraph 4 – subparagraph 1 – point a

Text proposed by the Commission Amendment

(a) administrative cooperation deleted between Member States, third countries, the Commission and the body designated by it;

Or. it

Amendment 1065 Rosa D'Amato

Proposal for a regulation Article 1 – paragraph 1 – point 84 Regulation (EC) No 1224/2009 Article 117 – paragraph 4 – subparagraph 1 – point g

Text proposed by the Commission Amendment

(g) Member States’ relations with the deleted Commission and with third countries.

Or. it

Amendment 1066 Rosa D'Amato

Proposal for a regulation Article 1 – paragraph 1 – point 84 a (new) Regulation (EC) No 1224/2009 Article 118 – paragraph 1

Present text Amendment

(84a) in Article 118, paragraph 1 is replaced by the following: 1. Every five years, Member States "1. Every two years, Member States shall transmit a report to the Commission shall transmit a report to the Commission on the application of this Regulation. on the application of this Regulation. These reports shall be published on the publicly accessible Commission website within two months of submission by the

AM\1205179EN.docx 39/77 PE652.304v01-00 EN Member States. "

Or. xm

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009R1224-20190814)

Justification

This amendment seeks to amend a provision within the existing act – Article 118(1) – that was not referred to in the Commission proposal.

Amendment 1067 Grace O'Sullivan, Caroline Roose, Ska Keller, Francisco Guerreiro, Benoît Biteau, Anja Hazekamp

Proposal for a regulation Article 1 – paragraph 1 – point 84 a (new) Regulation (EC) No 1224/2009 Article 118 – paragraph 1

Present text Amendment

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712&from=EN)

Justification

Decision-makers and civil society organisations do not have sufficient information on the status of the implementation of the Control Regulation. This current lack of transparency facilitates misinformation in which neither success stories nor existing loopholes are shared and recorded. Public bi-annual reports would restore the practice that existed before 2009 when the Commission was reporting regularly to the European Parliament and the Council on the implementation of the Control Regulation.

Amendment 1068 Rosa D'Amato

PE652.304v01-00 40/77 AM\1205179EN.docx EN Proposal for a regulation Article 1 – paragraph 1 – point 84 b (new) Regulation (EC) No 1224/2009 Article 118 – paragraph 2

Present text Amendment

(84b) in Article 118, paragraph 2 is replaced by the following: 2. On the basis of the reports "2. On the basis of the reports submitted by the Member States and its submitted by the Member States and its own observations, the Commission shall own observations, the Commission shall draw up a report every five years to be draw up a report every two years to be submitted to the European Parliament and submitted to the European Parliament and the Council. the Council. "

Or. xm

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009R1224-20190814)

Justification

This amendment seeks to amend a provision within the existing act – Article 118(2) – that was not referred to in the Commission proposal.

Amendment 1069 Grace O'Sullivan, Caroline Roose, Ska Keller, Francisco Guerreiro, Benoît Biteau, Anja Hazekamp

Proposal for a regulation Article 1 – paragraph 1 – point 84 b (new) Regulation (EC) No 1224/2009 Article 118 – paragraph 2

Present text Amendment

Or. en

AM\1205179EN.docx 41/77 PE652.304v01-00 EN (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1224- 20190814&qid=1582016726712&from=EN)

Justification

Amendment 1070 Grace O'Sullivan, Caroline Roose, Ska Keller, Francisco Guerreiro, Benoît Biteau, Anja Hazekamp

Proposal for a regulation Article 1 – paragraph 1 – point 84 c (new) Regulation (EC) No 1224/2009 Article 118 – paragraph 2 a (new)

Text proposed by the Commission Amendment

(84c) in Article 118, the following paragraph is inserted: "2a. These biannual reports will be made publicly available on the website of the European Commission within two months of submission by the Member States. "

Or. en

Justification

Amendment 1071 João Ferreira

PE652.304v01-00 42/77 AM\1205179EN.docx EN Proposal for a regulation Article 1 – paragraph 1 – point 85 Regulation (EC) No 1224/2009 Article 118 – paragraph 5 – subparagraph 1

Text proposed by the Commission Amendment

The Commission may, by means of The rules for implementing this Article implementing act, lay down rules shall be laid down in accordance with concerning the content and format of the Article 119(2). reports by Member States.

Or. pt

Amendment 1072 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 85 Regulation (EC) No 1224/2009 Article 118 – paragraph 5 – subparagraph 2

Text proposed by the Commission Amendment

Those implementing acts shall be adopted deleted in accordance with the examination procedure referred to in Article 119(2).

Or. pt

Amendment 1073 João Ferreira

Proposal for a regulation Article 1 – paragraph 1 – point 87 Regulation (EC) No 1224/2009 Article 119 a

Text proposed by the Commission Amendment

(87) the following Article 119a is deleted inserted: "Article 119a Exercise of the delegation

AM\1205179EN.docx 43/77 PE652.304v01-00 EN 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of powers referred to in Articles 7(6), 9(7), 9a(4), 15a(1), 17(6), 21(6), 22(4), 24(5), 39a(4), 58(9), 59a(4), 60a(1) and (2), 73(9), 74(6), 75(2), 92(10), 93a(3), and 107(4) shall be conferred for an indeterminate period of time. 3. The delegation of powers referred to in Articles 7(6), 9(7), 9a(4), 15a(1), 17(6), 21(6), 22(4), 24(5), 39a(4), 58(9), 59a(4), 60a(1) and (2), 73(9), 74(6), 75(2), 92(10), 93a(3), and 107(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 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 7(6), 9(7), 9a(4), 15a(1), 17(6), 21(6), 22(4), 24(5), 39a(4), 58(9), 59a(4), 60a(1) and (2), 73(9), 74(6), 75(2), 92(10), 93a(3), and 107(4) 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 two months at the initiative of the European Parliament or of the Council.”

Or. pt

PE652.304v01-00 44/77 AM\1205179EN.docx EN Amendment 1074 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 2 – point 1 a (new) Regulation (EC) No 768/2005 Article 2 – paragraph 1 – point a

Present text Amendment

(1a) Article 2, paragraph 1, point a is amended as follows: (a) ‘control and inspection’ means any "(a) ‘control and inspection’ means any measures taken by Member States, in measures taken by Member States to particular pursuant to Articles 23, 24 and control and inspect fishing activities within 28 of Regulation (EC) No 2371/2002, to the scope of the common fisheries policy control and inspect fishing activities within including surveillance and monitoring the scope of the common fisheries policy activities such as vessel monitoring including surveillance and monitoring systems and observer schemes; " activities such as satellite-based vessel monitoring systems and observer schemes; (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473.)

Or. en

(32005R0768)

Amendment 1075 Isabel Carvalhais, Manuel Pizarro

Proposal for a regulation Article 2 – point 1 a (new) Regulation (EC) No 768/2005 Article 2 – paragraph 1 – point b

Present text Amendment

(1a) Article 2, paragraph 1, point b is amended as follows: (b) ‘means of control and inspection’ "(b) ‘means of control, inspection and means surveillance vessels, aircraft, surveillance’ means surveillance vessels, vehicles and other material resources as aircraft, vehicles, technologic means and well as inspectors, observers and other other material resources as well as

AM\1205179EN.docx 45/77 PE652.304v01-00 EN human resources used by Member States inspectors, observers and other human for control and inspection; resources used by Member States for control, inspection and surveillance; " (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473.)

Or. en

(32005R0768)

Amendment 1076 Isabel Carvalhais, Manuel Pizarro

Proposal for a regulation Article 2 – point 2 – point b Regulation (EC) No 768/2005 Article 3 – point f

Text proposed by the Commission Amendment

(f) to contribute to the work of (f) to contribute to the work of Member States and the Commission on Member States and the Commission on research into and development of control research into and development and and inspection techniques and to initiate implementation of control, inspection and research into and development of control surveillance techniques and to initiate and inspection techniques; research into, development and implementation of control, inspection and surveillance techniques; (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473.)

Or. en

Amendment 1077 Catherine Chabaud, Pierre Karleskind, Stéphanie Yon-Courtin

Proposal for a regulation Article 2 – point 3 Regulation (EC) No 768/2005 Article 16 – paragraph 1 a (new)

PE652.304v01-00 46/77 AM\1205179EN.docx EN Text proposed by the Commission Amendment

The European Fisheries Control Agency shall work together with the European Environment Agency and the European Maritime Safety Agency in sharing relevant data and information to support the creation and common use of knowledge on the marine environment. The Commission shall draw up a partnership protocol between the agencies as the framework for their enhanced cooperation. (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473.)

Or. xm

Justification

The EFCA’s data must be accessible to the European Environment Agency and the European Maritime Safety Agency in order to increase the common use of knowledge on the marine environment. With that aim in view, the EFCA, the EEA and the EMSA can pool their respective expertise to foster synergy between European policies. Pooling data on fishing activities and data on the environment would enhance our understanding of issues relating to maritime policy in general and, at the same time, improve the way the European maritime space is managed.

Amendment 1078 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 2 – point 4 a (new) Regulation (EC) No 768/2005 Article 17 g – paragraph 1

Present text Amendment

(4a) in Article 17g, paragraph 1is amended as follows: The Agency shall contribute to the "The Agency shall contribute and help the implementation of the EU Integrated implementation of the EU Integrated Maritime Policy, and in particular conclude Maritime Policy, and in particular conclude administrative agreements with other administrative agreements with other bodies in matters covered by this bodies in matters covered by this Regulation after approval by the Regulation after approval by the

AM\1205179EN.docx 47/77 PE652.304v01-00 EN Administrative Board. The Executive Administrative Board. The Executive Director shall inform the Commission and Director shall inform the European the Member States thereof at an early stage Parliament, the Commission and the of such negotiations. Member States thereof at an early stage of such negotiations." (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473. Article 17g of Regulation (EC) No 768/2005 corresponds to Article 25 of Regulation (EU) 2019/473.)

Or. en

(32005R0768)

Amendment 1079 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 2 – point 5 – point a a (new) Regulation (EC) No 768/2005 Article 23 – paragraph 2 – point c – subparagraph 1

Present text Amendment

(aa) Article 23, paragraph 2, point c, subparagraph 1 is amended as follows: adopt by 31 October each year, and taking adopt by 31 October each year, and taking into account the opinion of the into account the opinion of the European Commission and the Member States, the Parliament, the Commission and the work programme of the Agency for the Member States, the work programme of the coming year and forward it to the European Agency for the coming year and forward it Parliament, the Council, the Commission to the European Parliament, the Council, and the Member States. the Commission and the Member States." (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473. Article 23 of Regulation (EC) No 768/2005 corresponds to Article 32 of Regulation (EU) 2019/473.)

Or. en

(32005R0768)

PE652.304v01-00 48/77 AM\1205179EN.docx EN Amendment 1080 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 2 – point 5 – point a b (new) Regulation (EC) No 768/2005 Article 23 – paragraph 2 – point c – subparagraph 2

Present text Amendment

(ab) Article 23, paragraph 2, point c, subparagraph 2 is amended as follows: The work programme shall contain the "The work programme shall contain the priorities of the Agency. It shall give priorities of the Agency. It shall give priority to the duties of the Agency relating priority to the duties of the Agency relating to control and surveillance programmes. It to control and surveillance programmes. It shall be adopted without prejudice to the shall be adopted without prejudice to the annual Community budgetary procedure. annual Community budgetary procedure. In case the Commission expresses, within In case the European Parliament or the 30 days from the date of adoption of the Commission expresses, within 30 days work programme, its disagreement with from the date of adoption of the work that programme, the Administrative Board programme, its disagreement with that shall re-examine the programme and adopt programme, the Administrative Board shall it, possibly amended, within a period of re-examine the programme and adopt it, two months, in a second reading; possibly amended, within a period of two months, in a second reading;" (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473. Article 23 of Regulation (EC) No 768/2005 corresponds to Article 32 of Regulation (EU) 2019/473.)

Or. en

(32005R0768)

Amendment 1081 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 2 – point 5 a (new) Regulation (EC) No 768/2005 Article 24 – paragraph 1

Present text Amendment

(5a) Article 24, paragraph 1 is

AM\1205179EN.docx 49/77 PE652.304v01-00 EN amended as follows: 1. The Administrative Board shall be "1. The Administrative Board shall be composed of representatives of Member composed of representatives of Member States and six representatives of the States, six representatives of the Commission. Each Member State shall be Commission and representatives of the entitled to appoint one member. The European Parliament. Each Member State Member States and the Commission shall shall be entitled to appoint one member. appoint one alternate to each member who Each political group of the European will represent the member in his/her Parliament shall be entitled to appoint absence. one member. The Member States, the Commission and the European Parliament shall appoint one alternate to each member who will represent the member in his/her absence." (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473. Article 24 of Regulation (EC) No 768/2005 corresponds to Article 33 of Regulation (EU) 2019/473.)

Or. en

(32005R0768)

Justification

Each political group of the European Parliament should also have the possibility to appoint on representative of the administrative body of the Agency.

Amendment 1082 Francisco José Millán Mon, Gabriel Mato

Proposal for a regulation Article 2 – point 6 Regulation (EC) No768/2005 Article 26 – paragraph 4

Text proposed by the Commission Amendment

4. The Administrative Board may 4. The Administrative Board may invite a representative of relevant Union invite a representative of relevant Union institutions to attend its meetings. institutions to attend its meetings. In any event, the Administrative Board shall invite two Members of the European Parliament who sit on the Committee on Fisheries to attend its meetings. The

PE652.304v01-00 50/77 AM\1205179EN.docx EN European Parliament shall appoint a substitute to replace the Member in the event of his or her absence. (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473. Article 26(4) of Regulation (EC) No 768/2005 corresponds to Article 35(5) of Regulation (EU) 2019/473.)

Or. xm

Amendment 1083 Manuel Pizarro, Isabel Carvalhais

Proposal for a regulation Article 2 – point 7 Regulation (EC) No 768/2005 Article 29 – paragraph 3 – point a

Text proposed by the Commission Amendment

(a) he/she shall prepare the draft annual (a) he/she shall prepare the draft annual work programme and the draft multiannual work programme and the draft multiannual work programme and submit them to the work programme and submit them to the Administrative Board after consultation Administrative Board after consultation with the Commission and the Member with the European Parliament, the States. He/she shall take the necessary Commission and the Member States. steps for the implementation of the work He/she shall take the necessary steps for programme and multiannual work the implementation of the work programme programme within the limits specified by and multiannual work programme within this Regulation, its implementing rules and the limits specified by this Regulation, its any applicable law; implementing rules and any applicable law; (Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473. Article 29 of Regulation (EC) No 768/2005 corresponds to Article 38 of Regulation (EU) 2019/473.)

Or. en

Amendment 1084 João Ferreira

AM\1205179EN.docx 51/77 PE652.304v01-00 EN Proposal for a regulation Article 3 – paragraph 1 – point 1 Regulation (EC) No 1967/2006 Article 17 – paragraphs 2 to 6

Text proposed by the Commission Amendment

(1) in Article 17, paragraphs 2 to 6 are (1) In Article 17, paragraph 6 is deleted. deleted.

Or. pt

Amendment 1085 João Ferreira

Proposal for a regulation Article 3 – paragraph 1 – point 2 Regulation (EC) No 1967/2006 Article 20 – paragraph 1

Text proposed by the Commission Amendment

(2) in Article 20(1), the second deleted sentence is deleted.

Or. pt

Amendment 1086 Isabel Carvalhais, Manuel Pizarro

Proposal for a regulation Article 4 – paragraph 1 – point 2 Regulation (EC) No 1005/2008 Article 2 – point 17

Text proposed by the Commission Amendment

17. ‘sighting’ means any observation 17. ‘sighting’ means any observation by a Member State's competent authority by a Member State's competent authority responsible for inspection at sea, or by the responsible for control, inspection and master of a Community or third country surveillance at sea, or by the master of a fishing vessel of a fishing vessel engaged Community or third country fishing vessel in activities that may be considered as IUU of a fishing vessel engaged in activities that fishing in accordance with the provisions may be considered as IUU fishing in of Article 3. accordance with the provisions of Article

PE652.304v01-00 52/77 AM\1205179EN.docx EN 3.

Or. en

Amendment 1087 Søren Gade

Proposal for a regulation Article 4 – paragraph 1 – point 3 Regulation (EC) No 1005/2008 Article 3 – paragraph 1 – indent 1

Text proposed by the Commission Amendment

– listed in points from (a) to (n) of – listed in points (a) to (n), (r), (t), Article 90(2) of Regulation (EC) No (v), (w) and (z)of Article 90(3) of 1224/2009, or Regulation (EC) No 1224/2009 considered as serious infringements of the common fisheries policy depending on the gravity of the infringement in question which shall be determined by the competent authority of the Member State, taking into account criteria such as the nature of the damage, its value, and the extent of the infringement or its repetition.

Or. en

Justification

Follows of amendments tabled to Article 90.

Amendment 1088 Pietro Bartolo, Giuseppe Ferrandino

Proposal for a regulation Article 4 – paragraph 1 – point 10 a (new) Regulation (EC) No 1005/2008 Article 32 – paragraph 4 a (new)

Text proposed by the Commission Amendment

(10a) in Article 32, paragraph 4a is inserted:

AM\1205179EN.docx 53/77 PE652.304v01-00 EN (4a) If a country is notified of the possibility of being identified as a non- cooperating third country in accordance with the criteria set out in Article 31, the Commission may introduce safeguards to ensure that preferential tariffs for fishery products under future free trade agreements – or free trade agreements being negotiated – with the notified country will be temporarily suspended until the notification has been withdrawn.

Or. it

Justification

The IUU Regulation is the most effective piece of legislation to ensure sustainable fishing in EU waters and to promote the same levels of sustainability in third country waters. Granting preferential tariffs to third countries that have been notified with a yellow card may lead to unfair competition with our fisheries sector and send the wrong message to those that, in contrast, are making great efforts to adapt to our standards.

Amendment 1089 Rosa D'Amato

Proposal for a regulation Article 4 – paragraph 1 – point 10 a (new) Regulation (EC) No 1005/2008 Article 32 a (new)

Text proposed by the Commission Amendment

(10a) the following Article 32a is inserted: “Article 32a Preferential tariff treatment Where the Commission has identified third countries as possible non- cooperating third countries in accordance with the criteria set out in Article 31, it shall suspend all forms of preferential tariff treatment of fisheries products caught by fishing vessels flying their flag. The period of suspension shall end when the Commission considers that the

PE652.304v01-00 54/77 AM\1205179EN.docx EN countries concerned are discharging the duties incumbent upon them under international law as flag, port, coastal or market States, to take action to prevent, deter and eliminate IUU fishing.”;

Or. it

Amendment 1090 Pierre Karleskind, Stéphanie Yon-Courtin, Catherine Chabaud

Proposal for a regulation Article 4 – paragraph 1 – point 10 a (new) Regulation (EC) No 1005/2008 Article 38 – paragraph 10 a (new)

Text proposed by the Commission Amendment

(10a) in Article 38, the following paragraph 10 is added: ‘10a. Trade agreements concluded by the European Union shall incorporate a safeguard clause providing for the temporary suspension of tariff preferences for fishery and aquaculture products for such time as the third country is pre-identified or identified as a non-cooperating country in the fight against IUU fishing.’

Or. fr

Amendment 1091 João Ferreira

Proposal for a regulation Article 4 – paragraph 1 – point 12 Regulation (EC) No 1005/2008 Article 42

Text proposed by the Commission Amendment

(12) Article 42 is replaced by the deleted following:

AM\1205179EN.docx 55/77 PE652.304v01-00 EN "Article 42 Serious infringements "For the purpose of this Regulation, 'serious infringement' means any infringements listed in points (a) to (n), (o) and (p) of Article 90(2) of Regulation (EC) No 1224/2009 or considered as serious infringements pursuant to points (a), (c), (e), (f) and (i) of Article 90(3) of that Regulation (EC) No 1224/2009."

Or. pt

Amendment 1092 Søren Gade

Proposal for a regulation Article 4 – paragraph 1 – point 12 Regulation (EC) No 1005/2008 Article 42 – paragraph 1

Text proposed by the Commission Amendment

"For the purpose of this Regulation, "For the purpose of this Regulation, 'serious infringement' means any 'serious infringement' means any infringements listed in points (a) to (n), (o) infringements considered as serious and (p) of Article 90(2) of Regulation infringements listed in points (a) to (n), (EC) No 1224/2009 or considered as (o), (p), (r),(t), (v), (w) and (z) of Article serious infringements pursuant to points 90(3) of Regulation (EC) No1224/2009" (a), (c), (e), (f) and (i) of Article 90(3) of that Regulation (EC) No 1224/2009.

Or. en

Justification

Consequential amendment, Article 3

Amendment 1093 João Ferreira

Proposal for a regulation Article 4 – paragraph 1 – point 13

PE652.304v01-00 56/77 AM\1205179EN.docx EN Regulation (EC) No 1005/2008 Article 42 a

Text proposed by the Commission Amendment

(13) The following Article 42a is deleted inserted: "Article 42a Proceedings in case of serious infringements Without prejudice to Articles 11(4) and 50 of this Regulation, Member States shall apply provisions of Article 85 of Regulation (EC) No 1224/2009 where a serious infringement is detected."

Or. pt

Amendment 1094 João Ferreira

Proposal for a regulation Article 4 – paragraph 1 – point 14 Regulation (EC) No 1005/2008 Article 43

Text proposed by the Commission Amendment

[...] deleted

Or. pt

Amendment 1095 Francisco José Millán Mon, Gabriel Mato

Proposal for a regulation Article 4 – paragraph 1 – point 14 Regulation (EC) No 1005/2008 Article 43 – paragraph 1

Text proposed by the Commission Amendment

1. Without prejudice to Articles 11(4) 1. Without prejudice to Articles 11(4) and 50 of this Regulation, Member States and 50 of this Regulation, Member States

AM\1205179EN.docx 57/77 PE652.304v01-00 EN shall apply provisions of Article 85 of shall apply provisions of Article 85 of Regulation (EC) No 1224/2009 where a Regulation (EC) No 1224/2009 where a serious infringement is detected. serious infringement is detected. If an infringement is committed, multiple proceedings or multiple sanctions may not be brought against the same person for the same acts.

Or. es

Amendment 1096 Izaskun Bilbao Barandica

Proposal for a regulation Article 4 – paragraph 1 – point 14 Regulation (EC) No 1005/2008 Article 43 – paragraph 1

Text proposed by the Commission Amendment

1. Without prejudice to the powers of 1. Without prejudice to the powers of the Member States to initiate criminal the Member States to initiate criminal proceedings and impose criminal sanctions, proceedings and impose criminal sanctions, Member States shall, in conformity with Member States shall, in conformity with their national law, systematically apply their national law, systematically apply administrative measures and sanctions administrative measures and sanctions against the natural person having against the natural person having committed or a legal person held liable for committed or a legal person held liable for serious infringements as defined in this serious infringements as defined in this Regulation. Regulation. In all cases, no more than one Member State may initiate proceedings or impose fines for each act of infringement.

Or. es

Amendment 1097 Peter van Dalen, Annie Schreijer-Pierik, Jan Huitema, Bert-Jan Ruissen

Proposal for a regulation Article 4 – paragraph 1 – point 14 Regulation (EC) No 1005/2008 Article 43 – paragraph 1

PE652.304v01-00 58/77 AM\1205179EN.docx EN Text proposed by the Commission Amendment

1. Without prejudice to the powers of 1. Without prejudice to the powers of the Member States to initiate criminal the Member States to initiate criminal proceedings and impose criminal sanctions, proceedings and impose criminal sanctions, Member States shall, in conformity with Member States shall, in conformity with their national law, systematically apply their national law, systematically apply administrative measures and sanctions administrative measures and sanctions against the natural person having against the natural person having committed or a legal person held liable for committed or a legal person held liable for serious infringements as defined in this serious infringements as defined in this Regulation. Regulation. In all cases, no more than one Member State may institute proceedings or impose fines for each act of infringement.

Or. en

Justification

In some MS, national authorities additionally punish the fishermen for infringements according to their national rules so the vessel owner is penalised twice, or that the vessel owner is punished for infringements of the captain. This is unacceptable, for which we feel the need to have this highlighted in this Article.

Amendment 1098 Søren Gade

Proposal for a regulation Article 4 – paragraph 1 – point 14 Regulation (EC) No 1005/2008 Article 43 – paragraph 1

Text proposed by the Commission Amendment

1. Without prejudice to the powers of 1. Without prejudice to the powers of the Member States to initiate criminal the Member States to initiate criminal proceedings and impose criminal sanctions, proceedings and impose criminal sanctions, Member States shall, in conformity with Member States shall, in conformity with their national law, systematically apply their national law, systematically apply administrative measures and sanctions sanctions and administrative measures against the natural person having against the natural person having committed or a legal person held liable for committed or a legal person held liable for serious infringements as defined in this serious infringements as defined in this Regulation. Regulation.

AM\1205179EN.docx 59/77 PE652.304v01-00 EN Or. en

Justification

It is necessary to have legal certainty between the terms “administrative measures” and “sanctions”.

Amendment 1099 Rosa D'Amato

Proposal for a regulation Article 4 – paragraph 1 – point 14 Regulation (EC) No 1005/2008 Article 43 – paragraph 2

Text proposed by the Commission Amendment

2. Where a natural person is suspected 2. Where a natural person is caught in of having committed or is caught in the act the act while committing a serious while committing a serious infringement or infringement or there are serious grounds a legal person is suspected of being held for suspecting that a natural person has liable for such a serious infringement in committed a serious infringement or that a accordance with this Regulation, Member legal person is liable for one in accordance States shall, in conformity with their with this Regulation, Member States shall, national law, immediately take relevant in conformity with their national law, and immediate measures in accordance immediately take relevant and immediate with Article 91 of Regulation (EC) No measures in accordance with Article 91 of 1224/2009. Regulation (EC) No 1224/2009.

Or. it

Amendment 1100 João Ferreira

Proposal for a regulation Article 4 – paragraph 1 – point 15 Regulation (EC) No 1005/2008 Articles 44 to 47

Text proposed by the Commission Amendment

(15) Articles 44 to 47 are deleted. deleted

Or. pt

PE652.304v01-00 60/77 AM\1205179EN.docx EN Amendment 1101 João Ferreira

Proposal for a regulation Article 4 – paragraph 1 – point 16 Regulation (EC) No 1005/2008 Articles 54 a and 54 b

Text proposed by the Commission Amendment

(16) the following Articles 54a and 54b deleted are inserted: "Article 54a Amendment of Annexes The Commission is empowered to adopt delegated acts in accordance with Article 54b amending Annex II with its Appendix and Annex IV, in order to take into account international developments in catch documentation schemes, scientific developments and technical progress including adaptations for the purpose of the implementation of the CATCH. Article 54b 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 delegation of powers referred to in Articles 12a(3) and 54a shall be conferred for an indeterminate period of time. 3. The delegation of powers referred to in Articles 12a(3) and 54a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any

AM\1205179EN.docx 61/77 PE652.304v01-00 EN 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 12a(3) and 54a 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 two months at the initiative of the European Parliament or of the Council.’

Or. pt

Amendment 1102 Søren Gade

Proposal for a regulation Article 5 – paragraph 1 Regulation (EC) No 2016/1139 Articles 12 and 13

Text proposed by the Commission Amendment

In Regulation (EC) No 2016/1139, deleted Articles 12 and 13 are deleted.

Or. en

Justification

Related to amendment to article 14 paragraph 4 of Regulation (EC) No 1224/2009

Amendment 1103 Francisco José Millán Mon, Gabriel Mato

PE652.304v01-00 62/77 AM\1205179EN.docx EN Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

Articles 1, 3, 4, 5 shall apply from [24 Articles 1, 3, 4, 5 shall apply from [24 months after date of entry into force]. months after date of entry into force], with the exception of points 6, 11, 12 and 14 of Article 1(1), which shall apply from [5 years after date of entry into force].

Or. es

Justification

This Regulation’s ‘vacatio legis’ should be extended in respect of the location of vessels and the content and transmission of the fishing logbook. A sufficient length of time should be afforded to the Commission and the Member States to develop the implementing regulations as well as to the fisheries sector to effect the many changes necessary.

Amendment 1104 Rosa D'Amato

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

Articles 1, 3, 4, 5 shall apply from [24 Articles 1, 3, 4, 5 shall apply from [36 months after date of entry into force]. months after date of entry into force].

Or. it

Amendment 1105 Anja Hazekamp

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex III – table – row 1 – column 2

Text proposed by the Commission Amendment

(1) Not fulfilling of obligations to (1) Not fulfilling of obligations to accurately record and report data relating accurately record and report data relating

AM\1205179EN.docx 63/77 PE652.304v01-00 EN to fishing activities, including data to be to fishing activities, including data to be transmitted by vessel monitoring system transmitted by vessel monitoring system, and prior notices, as required under the automatic identification system and prior rules of the common fisheries policy notices, as required under the rules of the common fisheries policy.

Or. en

Amendment 1106 Francisco José Millán Mon

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex III – table – row 5

Text proposed by the Commission

No Serious infringement points 5 Not fulfilling obligations related to the use of fishing gears as set in the 4 rules of the common fisheries policy. Amendment

deleted

Or. es

Justification

For consistency with earlier amendments.

Amendment 1107 Anja Hazekamp

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex III – table – row 5 – column 2 (“serious infringements”)

Text proposed by the Commission Amendment

(5) Not fulfilling obligations related to (5) Not fulfilling obligations related to the use of fishing gears as set in the rules the use of fishing gears as set in the rules of the common fisheries policy. of the common fisheries policy or not fulfilling obligations related to technical measures and the protection of marine

PE652.304v01-00 64/77 AM\1205179EN.docx EN ecosystems and in particular the obligation to implement measures to mitigate against the accidental catches of sensitive species.

Or. en

Amendment 1108 Catherine Chabaud, Pierre Karleskind, Stéphanie Yon-Courtin

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex III – table – row 5 a (new)

Text proposed by the Commission

Amendment

No Serious infringement points 5a failure to comply with technical and other measures to reduce 4 incidental catches of juveniles and protected species

Or. fr

Amendment 1109 Francisco José Millán Mon

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex III – table – row 6 – column 2 (“serious infringements”)

Text proposed by the Commission Amendment

Serious infringement Serious infringement Manipulating of an engine or of For vessels operating in a fishery under a continuous engine power monitoring fishing effort management plan, devices with the aim of increasing its manipulating of an engine or continuous power beyond the maximum continuous engine power monitoring devices with the engine power according to the engine aim of increasing the power of the vessel certificate. beyond the maximum continuous engine power according to the engine certificate.

AM\1205179EN.docx 65/77 PE652.304v01-00 EN Or. es

Justification

For consistency with earlier amendments.

Amendment 1110 Francisco José Millán Mon

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex III – table – row 6 a (new)

Text proposed by the Commission

Amendment

No Serious infringement points 6a For vessels operating in a fishery under a fishing effort management 5 plan, manipulating of an engine with the aim of increasing the power of the vessel beyond the maximum continuous engine power according to the engine certificate.

Or. es

Justification

For consistency with earlier amendments.

Amendment 1111 Francisco José Millán Mon

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex III – table – row 16 – column 2 (“serious infringements”)

Text proposed by the Commission Amendment

Serious infringement Serious infringement Fishing in a restricted or closed area, or a Fishing in a restricted or closed area, or a fish stock recovery area, or during a closed fish stock recovery area, or during a closed

PE652.304v01-00 66/77 AM\1205179EN.docx EN season, or without or after attainment of a season, or without or after attainment of a quota or beyond a closed depth. quota or beyond a closed depth or distance to shore;

Or. es

Justification

For consistency with earlier amendments.

Amendment 1112 Francisco José Millán Mon

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex III – table – row 18 – column 2 (“serious infringements”)

Text proposed by the Commission Amendment

Serious infringement Serious infringement Engaging in directed fishing, retaining on Conducting fishing activities directed at board, transhipping, transferring or species subject to a moratorium, a closed landing species which is subject to a season or for which fishing is prohibited, moratorium, a closed season or for which or retaining on board, transhipping or fishing is prohibited. landing these species.

Or. es

Justification

For consistency with earlier amendments.

Amendment 1113 Francisco José Millán Mon

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex III – table – row 19 – column 2 (“serious infringements”)

Text proposed by the Commission Amendment

Serious infringement Serious infringement Obstructing the work of officials or Seriously and forcefully obstructing the

AM\1205179EN.docx 67/77 PE652.304v01-00 EN observers in the exercise of their duties. work of officials or observers with a view to hindering the exercise of their duties;

Or. es

Justification

For consistency with earlier amendments.

Amendment 1114 Francisco José Millán Mon

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex IV – table – row 1 – column 2 (criteria) – indents 1 and 2

Text proposed by the Commission Amendment

Criteria Criteria the catches related to the suspected deleted infringement occurred: in a closed area; or beyond a closed depth; the infringement is the second one detected in the preceding twelve months;

Or. es

Justification

Infringements may not also constitute aggravating factors for other infringements. Fishing in a restricted or closed area or beyond a closed depth already constitutes a serious infringement in and of itself, as defined in Article 90(2)(i) of the Regulation. Furthermore, the commission of repeated infringements has already been defined as an aggravating factor, in Article 91a(2).

Amendment 1115 Francisco José Millán Mon

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex IV – table – row 2 – column 2 (criteria) – indent 1

PE652.304v01-00 68/77 AM\1205179EN.docx EN Text proposed by the Commission Amendment

Criteria Criteria - the suspected infringement is a second deleted one detected in the preceding twelve months;

Or. es

Justification

For consistency with earlier amendments.

Amendment 1116 Francisco José Millán Mon

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex IV – table – row 3 – column 2 (criteria) – indent 1

Text proposed by the Commission Amendment

Criteria Criteria - the catches related to the suspected deleted infringement occurred: in a closed area; or beyond a closed depth;

Or. es

Justification

For consistency with earlier amendments.

Amendment 1117 Francisco José Millán Mon

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex IV – table – row 3 – column 2 (criteria) – indent 4

AM\1205179EN.docx 69/77 PE652.304v01-00 EN Text proposed by the Commission Amendment

Criteria Criteria - the suspected infringement is a second deleted one detected in the preceding twelve months;

Or. es

Justification

For consistency with earlier amendments.

Amendment 1118 Francisco José Millán Mon

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex IV – table – row 3 – column 1 (activities)

Text proposed by the Commission Amendment

Activities Activities Article 90(3), point (d) deleted Not fulfilling obligations related to the use of fishing gears as set in the rules of the common fisheries policy.

Or. es

Justification

For consistency with earlier amendments.

Amendment 1119 Francisco José Millán Mon

Proposal for a regulation ANNEX I Regulation (EC) No 1224/2009 Annex IV – table – row 4 – column 2 (criteria) – indents 1 and 2

PE652.304v01-00 70/77 AM\1205179EN.docx EN Text proposed by the Commission Amendment

Criteria Criteria - the catches related to the suspected deleted infringement occurred:  in a closed area; or  beyond a closed depth; the suspected infringement is the third one detected in the preceding six months;

Or. es

Justification

For consistency with earlier amendments.

Amendment 1120 Grace O'Sullivan

Proposal for a regulation ANNEX II Regulation (EC) No 1005/2008 ANNEX II – table 1 – row 4

Text proposed by the Commission

2. Fishing Vessel Name Flag - Home Port & Registration Call Sign IMO/Lloyd’s Number Number (if issued)

Amendment

2. Fishing Vessel Name Flag - Home Port & Registration Call Sign IMO/Lloyd’s Number Number or other unique vessel identification (if IMO number is not applicable)

Or. en

Justification

AM\1205179EN.docx 71/77 PE652.304v01-00 EN designate the type(s) of fishing gear used in the fishing operation, and the catch area with finer granularity. This additional information on imported seafood products to the EU market will help level the playing field with EU operators who are required to report to a high standard.

Amendment 1121 Rosa D'Amato

Proposal for a regulation ANNEX II Regulation (EC) No 1005/2008 Annex II – table 1 – row 4 – column 4

Text proposed by the Commission Amendment

IMO/Lloyd’s Number (if issued) IMO/Lloyd’s Number or other unique vessel identification (if an IMO number is not applicable)

Or. en

Amendment 1122 Clara Aguilera

Proposal for a regulation ANNEX II Regulation (EC) No 1005/2008 Annex II – table 1 – row 5 a (new)

Text proposed by the Commission Amendment

Fishing gear (1) (1) Code according to FAO’s International Standard Statistical Classification of Fishing Gear

Or. es

Justification

With a view to maintaining equal treatment for operators and ensuring that the same information is available on fisheries products, it shall be mandatory to disclose the fishing gear used for catches for all fisheries products imported into the EU market.

PE652.304v01-00 72/77 AM\1205179EN.docx EN Amendment 1123 Clara Aguilera

Proposal for a regulation ANNEX II Regulation (EC) No 1005/2008 Annex II – table 1 – row 7

Text proposed by the Commission

Verified Catch Estimated Product Estimated live weight landed Species area(s) weight to be code weight (kg) (kg) where and dates landed (kg) appropriate

Amendment

Catch Estimated net Verified net Product Catch dates: weight of fish Net fish Species fish weight code area(s) (2) from - to be landed weight (kg) (kg),(3) to (kg) (2) Catch area(s): - FAO area(s); and - Exclusive economic zone(s) and/or high sea; and - Area(s) regulated by a regional fisheries management organisation. (3) To be completed only in the event of an official inspection

Or. es

Justification

With a view to maintaining equal treatment for operators and ensuring that the same information is available on fisheries products, all fishery products entering the EU market must be covered by catch certificates disclosing the specific catch area. The form also needs to be simplified so as to avoid misunderstandings between operators. It should therefore be clarified that the last column, the verified weight, should be completed only for the purposes of a possible official inspection.

Amendment 1124 Grace O'Sullivan

Proposal for a regulation ANNEX II

AM\1205179EN.docx 73/77 PE652.304v01-00 EN Regulation (EC) No 1005/2008 ANNEX II – table 1 – row 7

Text proposed by the Commission

Estimated live Estimated live weight to be Verified Weight Product Catch area(s) weight (net Species landed (net Landed (net weight in code and dates fish weight in fish weight in kg) kg) kg)

Amendment

Verified Estimated live Estimated live Weight weight to be Type(s) Product Catch area(s) weight (net Landed Species landed (net of fishing code and dates (*2) fish weight in (net fish weight in gear kg) weight in kg) kg) (*2) Report FAO statistical area/sub area/division where the catch was taken and indicate whether the catch was taken on the high seas, RFMO regulatory area or within an EEZ.

Or. en

Justification

The current Catch Certificate lacks certain essential information for traceability purposes which is a significant weakness in determining if the consignment is sourced from potential IUU fishing. This text makes mandatory the designation of the unique vessel identification, designate the type(s) of fishing gear used in the fishing operation, and the catch area with finer granularity. This additional information on imported seafood products to the EU market will help level the playing field with EU operators who are required to report to a high standard.

Amendment 1125 Rosa D'Amato

Proposal for a regulation ANNEX II Regulation (EC) No 1005/2008 Annex II – table 1 – row 7 – column 3

PE652.304v01-00 74/77 AM\1205179EN.docx EN Text proposed by the Commission Amendment

Catch area(s) and dates Catch area(s) and dates (**)

Or. en

Amendment 1126 Rosa D'Amato

Proposal for a regulation ANNEX II Regulation (EC) No 1005/2008 Annex II – table 1 – asterisk ** (new)

Text proposed by the Commission Amendment

(**) Report FAO statistical area/sub area/division where the catch was taken with indication whether the catch was taken on the high seas, RFMO regulatory area or within an EEZ.

Or. en

Amendment 1127 Rosa D'Amato

Proposal for a regulation ANNEX II Regulation (EC) No 1005/2008 Annex II – table 1 – row 7 – column 6 a (new)

Text proposed by the Commission Amendment

Type(s) of fishing gear

Or. en

Amendment 1128 Grace O'Sullivan

Proposal for a regulation ANNEX II

AM\1205179EN.docx 75/77 PE652.304v01-00 EN Regulation (EC) No 1005/2008 ANNEX II – table 1 – row 11

Text proposed by the Commission

Master of Receiving Signature Vessel Name Call Sign IMO/Lloyds Number Vessel (if issued)

Amendment

Master of Receiving Signature Vessel Name Call Sign IMO/Lloyds Number or Vessel other unique vessel identification (if an IMO number is not applicable)

Or. en

Justification

Amendment 1129 Rosa D'Amato

Proposal for a regulation ANNEX II Regulation (EC) No 1005/2008 Annex II – table 1 – row 11 – column 5

Text proposed by the Commission Amendment

IMO/Lloyd’s Number IMO/Lloyd’s Number or other unique (if issued) vessel identification (if an IMO number is not applicable)

Or. en

PE652.304v01-00 76/77 AM\1205179EN.docx EN AM\1205179EN.docx 77/77 PE652.304v01-00 EN