24.11.2021 |
EN |
Official Journal of the European Union |
C 474/218 |
P9_TA(2021)0076
Fisheries control ***I
Amendments adopted by the European Parliament on 11 March 2021 on the 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 (COM(2018)0368 — C8-0238/2018 — 2018/0193(COD)) (1)
(Ordinary legislative procedure: first reading)
(2021/C 474/30)
Amendment 1
Proposal for a regulation
Citation 6
Text proposed by the Commission |
Amendment |
Having regard to the opinion of the Committee of the Regions (27), |
After consulting the Committee of the Regions, |
Amendment 2
Proposal for a regulation
Recital 1
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 3
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 4 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a regulation
Recital 9 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 10
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 10 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a regulation
Recital 12
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 14 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 15 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a regulation
Recital 18
Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a regulation
Recital 20
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 24
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 26
Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a regulation
Recital 30
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Recital 32
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a regulation
Recital 32 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a regulation
Recital 33
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a regulation
Recital 34
Text proposed by the Commission |
Amendment |
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Amendment 21
Proposal for a regulation
Recital 37
Text proposed by the Commission |
Amendment |
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Amendment 22
Proposal for a regulation
Recital 40
Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a regulation
Recital 41
Text proposed by the Commission |
Amendment |
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Amendment 24
Proposal for a regulation
Recital 43
Text proposed by the Commission |
Amendment |
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Amendment 25
Proposal for a regulation
Recital 47 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 26
Proposal for a regulation
Recital 48 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 27
Proposal for a regulation
Recital 49
Text proposed by the Commission |
Amendment |
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Amendment 28
Proposal for a regulation
Recital 52
Text proposed by the Commission |
Amendment |
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Amendment 29
Proposal for a regulation
Recital 55
Text proposed by the Commission |
Amendment |
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Amendment 30
Proposal for a regulation
Recital 55 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 31
Proposal for a regulation
Recital 58
Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a regulation
Recital 58 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 33
Proposal for a regulation
Recital 64 — indent 7
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 34
Proposal for a regulation
Recital 75 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 35
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point b a (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 3
Present text |
Amendment |
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Amendment 36
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point b b (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 4
Present text |
Amendment |
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Amendment 37
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point b c (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 5
Present text |
Amendment |
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Amendment 38
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point b d (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 6
Present text |
Amendment |
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(This amendment from ‘Community Fisheries Control Agency’ to ‘European Fisheries Control Agency’ applies throughout the text. Adopting it will necessitate corresponding changes throughout.) |
Amendment 39
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point b e (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 7
Present text |
Amendment |
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Amendment 40
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point e
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 14
Text proposed by the Commission |
Amendment |
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Amendment 41
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point e a (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 15
Present text |
Amendment |
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Amendment 42
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point e b (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 16
Present text |
Amendment |
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Amendment 43
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point f
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 20
Text proposed by the Commission |
Amendment |
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Amendment 44
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point f a (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 20 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 45
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point f b (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 21
Present text |
Amendment |
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Amendment 46
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point f c (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 22
Present text |
Amendment |
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Amendment 47
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point h
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 23
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 48
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point i a (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 28 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 49
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point i b (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 28 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 50
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point k a (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 34 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 51
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point k b (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 34 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 52
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point k c (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 34 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 53
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point k d (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 34 d (new)
Text proposed by the Commission |
Amendment |
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Amendment 54
Proposal for a regulation
Article 1 — paragraph 1 — point 1 — point k e (new)
Regulation (EC) No 1224/2009
Article 4 — paragraph 1 — point 34 e (new)
Text proposed by the Commission |
Amendment |
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Amendment 55
Proposal for a regulation
Article 1 — paragraph 1 — point 3
Regulation (EC) No 1224/2009
Article 6 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The flag Member State shall suspend temporarily the fishing licence of a vessel which is subject to temporary immobilisation decided by that Member State or which has had its fishing authorisation suspended in accordance with Article 91b. |
3. The flag Member State shall suspend temporarily the fishing licence of an owner, operator or vessel which is subject to temporary immobilisation imposed by that Member State or which has had its fishing authorisation suspended in accordance with Article 91b and notify the European Fisheries Control Agency immediately . During the period of suspension, neither the vessel nor the licence may be sold, rented or transferred. |
Amendment 56
Proposal for a regulation
Article 1 — paragraph 1 — point 5 — point b
Regulation (EC) No 1224/2009
Article 8 — paragraph 2 — point f a (new)
Text proposed by the Commission |
Amendment |
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Amendment 57
Proposal for a regulation
Article 1 — paragraph 1 — point 6
Regulation (EC) No 1224/2009
Article 9 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall operate vessel monitoring systems for effective monitoring of position and movement of the fishing vessels flying their flag wherever those vessels may be, and of fishing vessels in the Member States’ waters through the collection and analysis of vessel position data. Each flag Member State shall ensure the continuous and systematic monitoring and control of the accuracy of the vessel position data . |
1. Member States shall operate vessel monitoring systems for effective monitoring of position and movement of the fishing vessels flying their flag wherever those vessels may be, as well as fishing vessels in their waters through the collection and analysis of vessel position data. Each flag Member State shall collect vessel position data and monitor and control its accuracy on a continuous and systematic basis . |
Amendment 58
Proposal for a regulation
Article 1 — paragraph 1 — point 6
Regulation (EC) No 1224/2009
Article 9 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
Union fishing vessels shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified by a vessel monitoring system through transmitting vessel position data at regular intervals. |
Union fishing vessels shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified by a vessel monitoring system through transmitting automatically vessel position data at regular intervals. |
Amendment 59
Proposal for a regulation
Article 1 — paragraph 1 — point 6
Regulation (EC) No 1224/2009
Article 9 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
The vessel monitoring systems shall also allow the fisheries monitoring centre referred to in Article 9a of the flag Member State to poll the fishing vessel at all times. The transmission of vessel position data and the polling shall either pass through a satellite connection, or may use a land-based mobile network when in reach of such network. |
The vessel monitoring systems shall also allow the fisheries monitoring centre referred to in Article 9a of the flag Member State to poll the fishing vessel at all times. The transmission of vessel position data and the polling shall either pass through a satellite connection, or may use a land-based mobile network when in reach of such network or other technology that ensures data security and that is available for data transmission and communication . |
Amendment 60
Proposal for a regulation
Article 1 — paragraph 1 — point 6
Regulation (EC) No 1224/2009
Article 9 — paragraph 3
Text proposed by the Commission |
Amendment |
3. By way of derogation from paragraph 2, masters of Union fishing vessels below 12 metres’ length overall may carry on board a mobile device which allows the vessel to be automatically located and identified by a vessel monitoring system through recording and transmitting vessel position data at regular intervals. In case the device is not within reach of a mobile network, the vessel position data shall be recorded during that period of time and shall be transmitted as soon as the vessel is in reach of such network and at the latest before entering port . |
3. By way of derogation from paragraph 2, masters of Union fishing vessels below 12 metres’ length overall may carry on board a fully functioning mobile device which allows the vessel to be automatically located and identified by a vessel monitoring system through recording and transmitting vessel position data at regular intervals. In case the device is not within reach of a communications network, the vessel position data shall be recorded during that period of time and shall be transmitted as soon as the vessel is in reach of such network and at the latest before the landing operations begin . |
Amendment 61
Proposal for a regulation
Article 1 — paragraph 1 — point 6
Regulation (EC) No 1224/2009
Article 9 — paragraph 4
Text proposed by the Commission |
Amendment |
4. When a Union fishing vessel is in the waters of another Member State, the flag Member State shall make available the vessel position data of that vessel by automatic transmission to the fisheries monitoring centre of the coastal Member States. The vessel position data shall also be made available to the Member State in whose ports a fishing vessel is likely to land its catches or in the waters of which the fishing vessel is likely to continue its fishing activities. |
4. When a Union fishing vessel is in the waters of another Member State, the flag Member State shall make available the vessel position data of that vessel by automatic transmission to the fisheries monitoring centre of the coastal Member States. The vessel position data of the fishing trips concerned shall also be made available automatically to the Member State in whose ports a fishing vessel is likely to land its catches or in the waters of which the fishing vessel is likely to continue its fishing activities. |
Amendment 62
Proposal for a regulation
Article 1 — paragraph 1 — point 6
Regulation (EC) No 1224/2009
Article 9 — paragraph 5
Text proposed by the Commission |
Amendment |
5. If a Union fishing vessel operates in the waters of a third country or in waters where the fishing resources are managed by a regional fisheries management organisation as referred to in Article 3(1), and if the agreement with that third country or the applicable rules of that organisation so provide, vessel position data shall also be made available to that country or organisation. |
5. If a Union fishing vessel engages in fishing activities or operations in the waters of a third country or in waters where the fishing resources are managed by a regional fisheries management organisation as referred to in Article 3(1), and if the agreement with that third country or the applicable rules of that organisation so provide, vessel position data of the fishing trips concerned shall also be made available automatically to that country or organisation. |
Amendment 63
Proposal for a regulation
Article 1 — paragraph 1 — point 6
Regulation (EC) No 1224/2009
Article 9 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. This Article shall also apply to support vessels, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, flying the flag of a Member State. |
Amendment 64
Proposal for a regulation
Article 1 — paragraph 1 — point 6
Regulation (EC) No 1224/2009
Article 9 — paragraph 7
Text proposed by the Commission |
Amendment |
7. The Commission is empowered to adopt delegated acts in accordance with Article 119a establishing detailed rules on monitoring of fishing activities and fishing effort by the fishing monitoring centres, in particular as regards the responsibilities of the masters concerning the vessel monitoring devices. |
7. The Commission is empowered to adopt delegated acts in accordance with Article 119a establishing detailed rules on monitoring of fishing activities and fishing effort by the fishing monitoring centres, in particular as regards the responsibilities of the masters concerning the vessel monitoring devices and on the frequency of transmission of the data concerning the position and movement of fishing vessels including in fishing restricted areas . |
Amendment 65
Proposal for a regulation
Article 1 — paragraph 1 — point 6
Regulation (EC) No 1224/2009
Article 9 — paragraph 8 — point c
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 66
Proposal for a regulation
Article 1 — paragraph 1 — point 7
Regulation (EC) No 1224/2009
Article 9a — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall establish and operate fisheries monitoring centres which shall monitor fishing activities and fishing effort. The fisheries monitoring centre of a particular Member State shall monitor the fishing vessels flying its flag, whatever the waters in which they are operating or the port they are in, as well as Union fishing vessels flying the flag of other Member States and fishing vessels of third countries to which vessel monitoring system provisions applies operating in the waters under the sovereignty or the jurisdiction of that particular Member State. |
1. Member States shall establish and operate fisheries monitoring centres which shall monitor fishing activities and fishing effort. The fisheries monitoring centre of a particular Member State shall monitor the fishing vessels flying its flag, whatever the waters in which they are operating or the port they are in, as well as Union fishing vessels flying the flag of other Member States and fishing vessels of third countries to which vessel monitoring system provisions applies operating in the waters under the sovereignty or the jurisdiction of that particular Member State and fishing vessels flying the flag of a third country concerning which rules and/or recommendations exist that have been issued by a regional international body . Fisheries monitoring centres shall also report on the number of abandoned, lost or otherwise discarded fishing gear and actions to prevent and mitigate the presence of such gear. |
Amendment 67
Proposal for a regulation
Article 1 — paragraph 1 — point 7
Regulation (EC) No 1224/2009
Article 9a — paragraph 2
Text proposed by the Commission |
Amendment |
2. Each flag Member State shall appoint the competent authorities responsible for the fisheries monitoring centre and shall take the appropriate measures to ensure that its fisheries monitoring centre has the proper staffing resources and is equipped with computer hardware and software enabling automatic data processing and electronic data transmission. Member States shall provide for back-up and recovery procedures in case of system failure. Member States may operate a joint fisheries monitoring centre. |
2. Each flag Member State shall appoint , from among the national or regional competent authorities, a lead competent authority responsible for the fisheries monitoring centre and shall take the appropriate measures to ensure that its fisheries monitoring centre has the proper staffing resources and is equipped with computer hardware and software enabling automatic data processing , analysis, control, monitoring and electronic data transmission. Member States shall provide for back-up and recovery procedures in case of system failure. Member States may operate a joint fisheries monitoring centre. |
Amendment 68
Proposal for a regulation
Article 1 — paragraph 1 — point 7
Regulation (EC) No 1224/2009
Article 9a — paragraph 3
Text proposed by the Commission |
Amendment |
3. Flag Member States shall ensure that fisheries monitoring centres have access to all relevant data and in particular as listed in Articles 109 and 110 and operate 7 days a week and 24 hours a day. |
3. Flag Member States shall ensure that fisheries monitoring centres have access to all relevant data and in particular as listed in Articles 109 and 110 , thus ensuring monitoring 7 days a week and 24 hours a day. |
Amendment 69
Proposal for a regulation
Article 1 — paragraph 1 — point 7
Regulation (EC) No 1224/2009
Article 9a — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Fisheries monitoring centres shall support real-time monitoring of vessels so as to enable immediate enforcement action. |
Amendment 70
Proposal for a regulation
Article 1 — paragraph 1 — point 8
Regulation (EC) No 1224/2009
Article 10 — paragraph 1
Text proposed by the Commission |
Amendment |
In accordance with Directive 2002/59/EC, a fishing vessel exceeding 15 metres’ length overall shall be fitted with and maintain in operation an automatic identification system which meets the performance standards drawn up by the International Maritime Organisation. |
In accordance with Directive 2002/59/EC, a fishing vessel exceeding 15 metres’ length overall shall be fitted with and maintain in continuous operation a fully functioning automatic identification system which meets the performance standards drawn up by the International Maritime Organisation. |
Amendment 71
Proposal for a regulation
Article 1 — paragraph 1 — point 8
Regulation (EC) No 1224/2009
Article 10 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. By way of derogation from paragraph 1, if the master of a Union fishing vessel believes that the continuous operation of the automatic identification system might compromise safety or where security incidents are imminent, the automatic identification system may be switched off. |
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Where the automatic identification system is switched off in accordance with the first subparagraph, the master of a Union fishing vessel shall report that action and the reason for doing so to the competent authorities of its flag Member State and, when relevant, to the competent authorities of the coastal State. The master shall restart the automatic identification system as soon as the source of danger has disappeared. |
Amendment 72
Proposal for a regulation
Article 1 — paragraph 1 — point 8
Regulation (EC) No 1224/2009
Article 10 — paragraph 1 b (new)
Text proposed by the Commission |
Amendment |
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1b. Member States shall ensure that data from the automatic identification system is made available to their national fisheries control authorities for control purposes, including cross-checks of automatic identification system data with other available data, in accordance with Articles 109 and 110. |
Amendment 73
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 1224/2009
Article 14 — paragraph 1 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Masters of Union fishing vessels of less than 12 metres’ length overall, as well as natural persons engaging in fishing without vessels, shall keep an electronic logbook in a simplified format. |
Amendment 74
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 1224/2009
Article 14 — paragraph 2 — introductory part
Text proposed by the Commission |
Amendment |
2. The fishing logbook referred to in paragraph 1 shall contain in particular the following information: |
2. The fishing logbook referred to in paragraph 1 shall be of uniform format throughout the Union and shall contain in particular the following information: |
Amendment 75
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 1224/2009
Article 14 — paragraph 2 — point d
Text proposed by the Commission |
Amendment |
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Amendment 76
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 1224/2009
Article 14 — paragraph 2 — point f
Text proposed by the Commission |
Amendment |
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Amendment 77
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 1224/2009
Article 14 — paragraph 2 — point g
Text proposed by the Commission |
Amendment |
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Amendment 78
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 1224/2009
Article 14 — paragraph 2 — point h
Text proposed by the Commission |
Amendment |
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Amendment 79
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 1224/2009
Article 14 — paragraph 3 — point a
Text proposed by the Commission |
Amendment |
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Amendment 80
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 1224/2009
Article 14 — paragraph 3 — point b
Text proposed by the Commission |
Amendment |
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Amendment 338
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 1224/2009
Article 14 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3 a. In the case of the capture of sensitive species, the logbook shall also contain: |
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Amendment 81
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 1224/2009
Article 14 — paragraph 4 — subparagraph 1
Text proposed by the Commission |
Amendment |
When compared with the quantities landed or the result of an inspection, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per species. For species retained on board that do not exceed 50kg live weight equivalent, the permitted margin of tolerance shall be 20 % per species. |
When compared with the quantities landed or the result of an inspection, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per species. For mixed fisheries, small pelagic purse-seine vessels or species retained on board that do not exceed 100kg live weight equivalent, the permitted margin of tolerance shall be 20 % per species. For tuna species, it shall be 25 %. |
Amendment 328
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 1224/2009
Article 14 — paragraph 4 — subparagraph 2
Text proposed by the Commission |
Amendment |
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By derogation to the first subparagraph for fisheries referred to in the first and third indents of Article 15(1)(a) of Regulation (EU) No 1380/2013 which are landed unsorted, the tolerance limitations set out in this paragraph shall not apply to catches of species which meet both of the following conditions :
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By way of derogation from the first subparagraph for small pelagic fisheries (mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, Argentinian silverside, sardine and sprat) and industrial fisheries (inter alia capelin, sand eel and Norway pout) which are landed unsorted, the following exceptions shall be made :
By way of derogation from the first paragraph, for the tropical tuna purse seine fishery, for species covered by a risk-based sampling plan approved by the Commission, the tolerance allowed in the estimate recorded in the fishing logbook of the total quantities in kilograms of fish kept on board, all species combined, shall be 10 % of the total quantities landed of all species combined. |
Amendment 83
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 1224/2009
Article 14 — paragraph 7
Text proposed by the Commission |
Amendment |
7. Masters of third country catching vessels operating in Union waters shall record the information referred to in this Article in the same way as masters of Union fishing vessels. |
7. Masters of third country catching vessels operating in Union waters or in international waters with shared fish stocks shall record the information referred to in this Article in the same way as masters of Union fishing vessels. |
Amendment 84
Proposal for a regulation
Article 1 — paragraph 1 — point 12
Regulation (EC) No 1224/2009
Article 15 — paragraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 85
Proposal for a regulation
Article 1 — paragraph 1 — point 12
Regulation (EC) No 1224/2009
Article 15 — paragraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 86
Proposal for a regulation
Article 1 — paragraph 1 — point 12
Regulation (EC) No 1224/2009
Article 15 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Masters of Union catching vessels of less than 12 metres’ length overall shall submit by electronic means the information referred to in Article 14, to the competent authority of their flag Member State after the last fishing operation has been completed and before entering port . |
2. Masters of Union catching vessels of less than 12 metres’ length overall shall submit by electronic means , using a harmonised, simplified format, the information referred to in Article 14, to the competent authority of their flag Member State after the last fishing operation has been completed and before landing operations begin . |
Amendment 87
Proposal for a regulation
Article 1 — paragraph 1 — point 12
Regulation (EC) No 1224/2009
Article 15 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The competent authorities of a coastal Member State shall accept electronic reports received from the flag Member State containing the data from fishing vessels referred to in paragraphs 1, 2 and 3. |
4. The competent authorities of the flag Member State shall send electronic reports containing the data from fishing vessels obtained pursuant to paragraphs 1, 2 and 3 to the competent authorities of a coastal Member State. The competent authorities of a coastal Member State shall accept electronic reports received from the flag Member State containing the data from fishing vessels referred to in paragraphs 1, 2 and 3. |
Amendment 88
Proposal for a regulation
Article 1 — paragraph 1 — point 12
Regulation (EC) No 1224/2009
Article 15 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Masters of third country catching vessels operating in Union waters shall submit by electronic means the information referred to in Article 14 to the competent authority of the coastal Member State." |
5. Masters of third country catching vessels operating in Union waters shall submit by electronic means the information referred to in Article 14 under the same conditions as those which apply to masters of Union fishing vessels to the competent authority of the coastal Member State." |
Amendment 89
Proposal for a regulation
Article 1 — paragraph 1 — point 13
Regulation (EC) No 1224/2009
Article 15a — paragraph 2 — point g
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 90
Proposal for a regulation
Article 1 — paragraph 1 — point 15 — point a
Regulation (EC) No 1224/2009
Article 17 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
1. Without prejudice to specific provisions contained in multiannual plans, masters of Union fishing vessels of 12 metres’ length overall or more shall notify by electronic means the competent authorities of their flag Member State at least four hours before the estimated time of arrival at port of the following information: |
1. Without prejudice to specific provisions contained in multiannual plans, masters of Union fishing vessels of 12 metres’ length overall or more performing fishing trips longer than 24 hours, shall notify by electronic means the competent authorities of their flag Member State at least four hours before the estimated time of arrival at port of the following information: |
Amendment 91
Proposal for a regulation
Article 1 — paragraph 1 — point 15 — point b
Regulation (EC) No 1224/2009
Article 17 — paragraph 1a
Text proposed by the Commission |
Amendment |
1a. The coastal Member State may set a shorter period of prior notification for vessels flying its flag which operate exclusively within its territorial waters provided that it does not impair the ability of Member States to carry out inspections. |
1a. The coastal Member State may adapt the period of prior notification for vessels flying its flag which operate within its territorial waters, provided that it does not impair the ability of Member States to carry out inspections. |
Amendment 92
Proposal for a regulation
Article 1 — paragraph 1 — point 15 — point b a (new)
Regulation (EC) No 1224/2009
Article 17 — paragraph 1 b (new)
Text proposed by the Commission |
Amendment |
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‘ 1b. Where catches are made between the time of notice being issued and arrival at port, those catches shall be notified additionally after they have been retained on board, before entering port.’ |
Amendment 93
Proposal for a regulation
Article 1 — paragraph 1 — point 15 — point c
Regulation (EC) No 1224/2009
Article 17 — paragraph 6 — point a
Text proposed by the Commission |
Amendment |
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Amendment 94
Proposal for a regulation
Article 1 — paragraph 1 — point 17
Regulation (EC) No 1224/2009
Article 19
Text proposed by the Commission |
Amendment |
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‘Article 19 |
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Authorisation to enter port |
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The competent authorities of the coastal Member State may deny access to port to fishing vessels if the information referred to in Article 17 is not complete, except in cases of force majeure, including extremely bad weather conditions and situations where the safety of the crew is at risk.’; |
Amendment 95
Proposal for a regulation
Article 1 — paragraph 1 — point 18
Regulation (EC) No 1224/2009
Article 19a — paragraph 1
Text proposed by the Commission |
Amendment |
1. Union fishing vessels shall only be authorised to land in ports outside Union waters if they have notified by electronic means the competent authorities of their flag Member State at least 3 days before the estimated time of arrival at port of the information listed in paragraph 3 and the flag Member State has not denied the authorisation to land within this period of time. |
1. Union fishing vessels shall only be authorised to land in ports outside Union waters if they have notified by electronic means the competent authorities of their flag Member State at least 24 hours before the estimated time of arrival at port of the information listed in paragraph 3 and the flag Member State has not denied the authorisation to land within this period of time. |
Amendment 96
Proposal for a regulation
Article 1 — paragraph 1 — point 18
Regulation (EC) No 1224/2009
Article 19a — paragraph 2
Text proposed by the Commission |
Amendment |
2. The flag Member State may set a shorter period, of not less than four hours, for the prior notification referred to in paragraph 1 for fishing vessels flying their flag carrying out fishing activities in third country waters, taking into account the type of fishery products and the distance between the fishing grounds and port. |
2. The flag Member State may set a shorter period, of not less than two hours, for the prior notification referred to in paragraph 1 for fishing vessels flying their flag carrying out fishing activities in third country waters, taking into account the type of fishery products, the distance between the fishing grounds and port , as well as the risk of non-compliance with the rules of the common fisheries policy, or with the applicable rules in the waters of the third country where the vessels are operating . In determining the level of that risk, Member States shall take account of serious infringements committed by the vessels concerned. |
Amendment 97
Proposal for a regulation
Article 1 — paragraph 1 — point 18
Regulation (EC) No 1224/2009
Article 19a — paragraph 3 — point h
Text proposed by the Commission |
Amendment |
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Amendment 98
Proposal for a regulation
Article 1 — paragraph 1 — point 18
Regulation (EC) No 1224/2009
Article 19a — paragraph 4
Text proposed by the Commission |
Amendment |
4. Where, on the basis of the analysis of the information submitted and other information available, there are reasonable grounds to believe that the fishing vessel is not complying with the rules of the common fisheries policy, the competent authorities of the flag Member State shall request the cooperation of the third country where the vessel intends to land in view of a possible inspection. For this purpose the flag Member State may require the fishing vessel to land in a different port, or delay the time of arrival at port or of landing. |
4. Where, on the basis of the analysis of the information submitted and other information available, there are reasonable grounds to believe that the fishing vessel is not complying with the rules of the common fisheries policy , with the rules applicable in the waters of the third country or in the high seas where the vessel is operating , the competent authorities of the flag Member State shall request the cooperation of the third country where the vessel intends to land in view of a possible inspection. For this purpose the flag Member State may require the fishing vessel to land in a different port, or delay the time of arrival at port or of landing. |
Amendment 99
Proposal for a regulation
Article 1 — paragraph 1 — point 19
Regulation (EC) No 1224/2009
Article 20 — paragraph 2a
Text proposed by the Commission |
Amendment |
2a. Without prejudice to Article 4(4) of Council Regulation (EC) No 1005/2008 and Article 43(3) of this Regulation, Union donor vessels and Union receiving vessels shall only be authorised to tranship at sea outside Union waters or in ports of third countries subject to an authorisation received from their flag Member State(s). |
2a. Without prejudice to Article 4(4) of Council Regulation (EC) No 1005/2008 and Article 43(3) of this Regulation, Union donor vessels and Union receiving vessels shall only be authorised to tranship at sea outside Union waters or in ports of third countries subject to an authorisation received from their flag Member State(s). However, transhipment at sea in Union waters shall be permitted in some pelagic fisheries where vessels are many miles from land and their catches are so small that it would be inefficient for those vessels to return to port in order to sell their catch. |
Amendment 100
Proposal for a regulation
Article 1 — paragraph 1 — point 19
Regulation (EC) No 1224/2009
Article 20 — paragraph 2b
Text proposed by the Commission |
Amendment |
2b. In order to apply for an authorisation to tranship under paragraph 2a, the masters of Union vessels shall submit electronically to their flag Member State, at least 3 days before the planned transhipment operation, the following information: |
2b. In order to apply for an authorisation to tranship under paragraph 2a, the masters of Union vessels shall submit electronically to their flag Member State, at least 24 hours before the planned transhipment operation, the following information: |
Amendment 101
Proposal for a regulation
Article 1 — paragraph 1 — point 19
Regulation (EC) No 1224/2009
Article 20 — paragraph 2b — point c
Text proposed by the Commission |
Amendment |
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Amendment 102
Proposal for a regulation
Article 1 — paragraph 1 — point 19
Regulation (EC) No 1224/2009
Article 20 — paragraph 2b — point d
Text proposed by the Commission |
Amendment |
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Amendment 103
Proposal for a regulation
Article 1 — paragraph 1 — point 20
Regulation (EC) No 1224/2009
Article 21 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Masters of Union fishing vessels of 10 metres’ length overall or more involved in a transhipment operation shall complete an electronic transhipment declaration. |
1. Masters of Union fishing vessels of 12 metres’ length overall or more involved in a transhipment operation shall complete an electronic transhipment declaration. |
Amendment 104
Proposal for a regulation
Article 1 — paragraph 1 — point 20
Regulation (EC) No 1224/2009
Article 21 — paragraph 2 — introductory part
Text proposed by the Commission |
Amendment |
2. The transhipment declaration referred to in paragraph 1 shall contain at least the following information: |
2. The transhipment declaration referred to in paragraph 1 shall be of uniform format throughout the Union and shall contain at least the following information: |
Amendment 105
Proposal for a regulation
Article 1 — paragraph 1 — point 20
Regulation (EC) No 1224/2009
Article 21 — paragraph 2 — point c
Text proposed by the Commission |
Amendment |
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Amendment 106
Proposal for a regulation
Article 1 — paragraph 1 — point 20
Regulation (EC) No 1224/2009
Article 21 — paragraph 2 — point d
Text proposed by the Commission |
Amendment |
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Amendment 107
Proposal for a regulation
Article 1 — paragraph 1 — point 20
Regulation (EC) No 1224/2009
Article 21 — paragraph 3
Text proposed by the Commission |
Amendment |
3. When compared with the quantities landed or the result of an inspection, the permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish retained on board shall be 10 % per species. |
3. When compared with the quantities landed or the result of an inspection, the permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish retained on board shall be 15 % per species. |
Amendment 108
Proposal for a regulation
Article 1 — paragraph 1 — point 20
Regulation (EC) No 1224/2009
Article 21 — paragraph 6
Text proposed by the Commission |
Amendment |
6. The Commission is empowered to adopt delegated acts in accordance with Article 119a to exempt certain categories of fishing vessels from the obligation laid down in paragraph 1, taking into account the quantities and/or type of fisheries products.” |
6. The Commission is empowered to adopt delegated acts in accordance with Article 119a to exempt certain categories of fishing vessels from the obligation laid down in paragraph 1, taking into account the quantities and/or type of fisheries products and the risk of non-compliance with common fisheries policy rules, in addition to any other relevant legislation. In determining the level of that risk, serious infringements committed by the vessels concerned shall be considered . |
Amendment 109
Proposal for a regulation
Article 1 — paragraph 1 — point 21
Regulation (EC) No 1224/2009
Article 22 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Masters of Union fishing vessels of 10 metres’ length overall or more shall send by electronic means the information referred to in Article 21 to the competent authority of their flag Member State within 24 hours after completion of the transhipment operation. |
1. Masters of Union fishing vessels of 12 metres’ length overall or more shall send, by electronic means , using the same format, harmonised at Union level, for all Member States, the information referred to in Article 21 to the competent authority of their flag Member State within 24 hours after completion of the transhipment operation. |
Amendment 110
Proposal for a regulation
Article 1 — paragraph 1 — point 21
Regulation (EC) No 1224/2009
Article 22 — paragraph 5 — point a
Text proposed by the Commission |
Amendment |
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Amendment 111
Proposal for a regulation
Article 1 — paragraph 1 — point 21
Regulation (EC) No 1224/2009
Article 23 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The master of a Union fishing vessel, or its representative, shall complete an electronic landing declaration. |
1. The master of a Union fishing vessel, or a representative of the master , shall complete an electronic landing declaration. |
Amendment 112
Proposal for a regulation
Article 1 — paragraph 1 — point 21
Regulation (EC) No 1224/2009
Article 23 — paragraph 2 — point f
Text proposed by the Commission |
Amendment |
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Amendment 113
Proposal for a regulation
Article 1 — paragraph 1 — point 21
Regulation (EC) No 1224/2009
Article 23 — paragraph 4
Text proposed by the Commission |
Amendment |
4. To convert stored or processed fish weight into live fish weight for the purposes of the landing declaration, masters of fishing vessels shall apply a conversion factor established pursuant to Article 14(9). |
4. To convert stored or processed fish weight into live fish weight for the purposes of the landing declaration, masters of fishing vessels , or a representative of the master, shall apply a conversion factor established pursuant to Article 14(9). |
Amendment 114
Proposal for a regulation
Article 1 — paragraph 1 — point 21
Regulation (EC) No 1224/2009
Article 24 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The master of a Union fishing vessel or their representative shall submit by electronic means the information referred to in Article 23 to the competent authority of their flag Member State within 24 hours after completion of the landing. |
1. The master of a Union fishing vessel , or a representative of the master, shall submit by electronic means using the same format, harmonised at Union level, for all Member States, the information referred to in Article 23 to the competent authority of their flag Member State as soon as possible and in any event within 24 hours after completion of the landing. |
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For the purpose of calculating the deadline of 24 hours referred to in the first subparagraph, Saturdays, Sundays and public holidays shall not be taken into account. |
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For the purposes of this Article, in the event that fisheries products are transported from the place of landing before weighing, the landing operation shall be deemed to have been completed when those fisheries products have been weighed. |
Amendment 115
Proposal for a regulation
Article 1 — paragraph 1 — point 21
Regulation (EC) No 1224/2009
Article 24 — paragraph 5 — point d a (new)
Text proposed by the Commission |
Amendment |
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Amendment 116
Proposal for a regulation
Article 1 — paragraph 1 — point 21
Regulation (EC) No 1224/2009
Article 24 — paragraph 5 — point d b (new)
Text proposed by the Commission |
Amendment |
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Amendment 117
Proposal for a regulation
Article 1 — paragraph 1 — point 21
Regulation (EC) No 1224/2009
Article 24 — paragraph 6 — point a
Text proposed by the Commission |
Amendment |
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Amendment 118
Proposal for a regulation
Article 1 — paragraph 1 — point 21
Regulation (EC) No 1224/2009
Article 24 — paragraph 6 — point f
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 119
Proposal for a regulation
Article 1 — paragraph 1 — point 21
Regulation (EC) No 1224/2009
Article 24 — paragraph 6 — point g
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 340
Proposal for a regulation
Article 1 — paragraph 1 — point 23
Regulation (EC) No 1224/2009
Article 25a — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall ensure effective control of the landing obligation. For this purpose a minimum percentage of fishing vessels fishing for species subject to the landing obligation and flying their flag established in accordance with paragraph 2 , shall be equipped with continuously recording Closed-Circuit Television (CCTV) systems incorporating data storage. |
1. Member States shall ensure effective control of the landing obligation. For this purpose a minimum percentage of fishing vessels of 12 metres length overall or more, flying their flag and fishing for species subject to the landing obligation , identified as posing a high risk of non-compliance with the landing obligation in the specific control and inspection programmes adopted under Article 95 , shall be equipped with continuously recording Closed-Circuit Television (CCTV) systems incorporating data storage , in compliance with all applicable rules on the protection of privacy and processing of personal data . In accordance with specific control and inspection programmes adopted pursuant to Article 95, the Member State may allow the fishing vessel to carry control observers on board in accordance with Article 73a. |
Amendment 121
Proposal for a regulation
Article 1 — paragraph 1 — point 23
Regulation (EC) No 1224/2009
Article 25a — paragraph 2
Text proposed by the Commission |
Amendment |
2. The percentage of fishing vessels referred to in paragraph 1 shall be established for different risk categories in specific control and inspection programmes adopted pursuant to Article 95. Those programmes shall also determine the risk categories and the types of fishing vessels included in such categories. |
deleted |
Amendment 122
Proposal for a regulation
Article 1 — paragraph 1 — point 23
Regulation (EC) No 1224/2009
Article 25a — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. The Commission shall review the effectiveness of the electronic monitoring systems in checking compliance with the landing obligation and their contribution to achieving the sustainable maximum yield for the relevant stocks and submit a report to the European Parliament and the Council by … [five years after the date of entry into force of this Regulation]. |
Amendment 123
Proposal for a regulation
Article 1 — paragraph 1 — point 23
Regulation (EC) No 1224/2009
Article 25a — paragraph 3 b (new)
Text proposed by the Commission |
Amendment |
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3b. In addition to electronic monitoring systems used to check compliance with the landing obligation, Member States may also support the use of systems which make for closer monitoring of the selectivity of fishing operations directly on gear. |
Amendment 341
Proposal for a regulation
Article 1 — paragraph 1 — point 23
Regulation (EC) No 1224/2009
Article 25a — paragraph 3 c (new)
Text proposed by the Commission |
Amendment |
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3 c. Operators may equip their fishing vessels with CCTV systems on a voluntary basis. For that purpose, the competent authority shall provide incentives such as additional allocation of quota or deletion of points, in accordance with paragraph 4. |
Amendment 125
Proposal for a regulation
Article 1 — paragraph 1 — point 23
Regulation (EC) No 1224/2009
Article 25a — paragraph 3 d (new)
Text proposed by the Commission |
Amendment |
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3d. Fishing vessels shall be equipped with CCTV technology on a mandatory basis if they have committed two or more serious infringements of the rules laid down in Article 15 of Regulation (EU) No 1380/2013 when decided by the competent authority as an accompanying sanction. |
Amendment 126
Proposal for a regulation
Article 1 — paragraph 1 — point 23
Regulation (EC) No 1224/2009
Article 25a — paragraph 3 e (new)
Text proposed by the Commission |
Amendment |
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3e. CCTV footage shall remain the property of the owner of the fishing vessel at all times. Business confidentiality and privacy rights shall be protected and guaranteed by the competent authorities throughout the whole process. |
Amendment 127
Proposal for a regulation
Article 1 — paragraph 1 — point 23
Regulation (EC) No 1224/2009
Article 25a — paragraph 4 — subparagraph 1
Text proposed by the Commission |
Amendment |
The Commission may, by means of implementing acts , lay down detailed rules on the requirements, technical specifications, installation and functioning of the electronic monitoring systems for the control of the landing obligation, including continuously recording CCTV systems. |
The Commission is empowered to adopt delegated acts in accordance with Article 119a, supplementing this Regulation by laying down detailed rules on the requirements, technical specifications, installation and functioning of, as well as incentives concerning, the electronic monitoring systems for the control of the landing obligation, including continuously recording CCTV systems. |
Amendment 327
Proposal for a regulation
Article 1 — paragraph 1 — point 23 a (new)
Regulation (EC) No 1224/2009
Article 25b (new)
Text proposed by the Commission |
Amendment |
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Amendment 128
Proposal for a regulation
Article 1 — paragraph 1 — point 27
Regulation (EC) No 1224/2009
Article 33 — paragraph 3
Text proposed by the Commission |
Amendment |
3. In cases where the data submitted by a Member States in accordance with paragraph 2 is based on estimates for a stock or group of stocks, the Member State shall provide to the Commission the corrected quantities established on the basis of landing declarations as soon as available and no later than 12 months after the date of landing. |
3. In cases where the data submitted by a Member States in accordance with paragraph 2 is based on estimates for a stock or group of stocks, the Member State shall provide to the Commission the corrected quantities established on the basis of landing declarations as soon as available and no later than three months after the date of landing. |
Amendment 129
Proposal for a regulation
Article 1 — paragraph 1 — point 27
Regulation (EC) No 1224/2009
Article 33 — paragraph 4
Text proposed by the Commission |
Amendment |
4. In the case where a Member State detects inconsistencies between the information submitted to the Commission in accordance with paragraphs 2 and 3 and the results of the validation performed in accordance with Article 109, the Member State shall provide to the Commission the corrected quantities established on the basis of that validation as soon as available and no later than 3 months after the date of landing. |
4. In the case where a Member State detects inconsistencies between the information submitted to the Commission in accordance with paragraphs 2 and 3 and the results of the validation performed in accordance with Article 109, it shall verify and cross-check data so as to correct such inconsistencies. In addition, the Member State shall provide to the Commission the corrected quantities established on the basis of that validation as soon as available and no later than 3 months after the date of landing. |
Amendment 130
Proposal for a regulation
Article 1 — paragraph 1 — point 27
Regulation (EC) No 1224/2009
Article 33 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. Catches taken in the framework of scientific research may be donated to social projects, including providing food for homeless people. |
Amendment 131
Proposal for a regulation
Article 1 — paragraph 1 — point 28
Regulation (EC) No 1224/2009
Article 34 — paragraph 1
Text proposed by the Commission |
Amendment |
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The Commission may request a Member State to submit more detailed and more frequent information than provided for in Article 33 in the case it is established that 80 % of a quota for a stock or group of stocks is deemed to be exhausted.” |
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In that case, the Commission may request more detailed and frequent information than that provided for under Article 33. |
Amendment 132
Proposal for a regulation
Article 1 — paragraph 1 — point 28
Regulation (EC) No 1224/2009
Article 34 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. The Commission may request a Member State to submit more detailed and more frequent information than provided for in Article 33 where it is established that 80 % of a quota for a stock or group of stocks is deemed to be exhausted, or 80 % of the maximum allowable fishing effort for a fishing gear or a specific fishery and a corresponding geographical area has been reached. In that case, the Member State shall provide the Commission with the information requested. |
Amendment 134
Proposal for a regulation
Article 1 — paragraph 1 — point 35
Regulation (EC) No 1224/2009
Article 39a — paragraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 135
Proposal for a regulation
Article 1 — paragraph 1 — point 35
Regulation (EC) No 1224/2009
Article 39a — paragraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 136
Proposal for a regulation
Article 1 — paragraph 1 — point 35
Regulation (EC) No 1224/2009
Article 39 a — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. In addition, Member States shall ensure that vessels having committed an infringement related to the manipulation of an engine in order to increase the power of the vessel above the maximum continuous engine power indicated on the engine certificate are equipped with permanently installed devices that measure and record engine power. |
Amendment 137
Proposal for a regulation
Article 1 — paragraph 1 — point 35
Regulation (EC) No 1224/2009
Article 39a — paragraph 2
Text proposed by the Commission |
Amendment |
2. The devices referred to in paragraph 1, in particular permanently affixed shaft strain gauges and revolution counters, shall ensure the continuous measurement of propulsive engine power in kilowatts. |
2. The devices referred to in paragraph 1, in particular permanently affixed shaft strain gauges and revolution counters, shall ensure the continuous measurement and recording of propulsive engine power in kilowatts. |
Amendment 138
Proposal for a regulation
Article 1 — paragraph 1 — point 35 a (new)
Regulation (EC) No 1224/2009
Article 40 — paragraph 3
Present text |
Amendment |
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3. Member States’ competent authorities may assign the certification of engine power to classification societies or to other operators having the necessary expertise for the technical examination of engine power. Those classification societies or other operators shall only certify a propulsion engine as not being capable of exceeding the officially stated power if there is no possibility to increase the performance of the propulsion engine above the certified power. |
‘3. Member States’ competent authorities may assign the certification of engine power to classification societies or to other operators having the necessary expertise for the technical examination of engine power. Those classification societies or other operators shall only certify a propulsion engine as not being capable of exceeding the officially stated power if there is no possibility to increase the performance of the propulsion engine above the certified power. Those certification societies and other operators shall be responsible for the accuracy of the certifications.’ |
Amendment 139
Proposal for a regulation
Article 1 — paragraph 1 — point 36
Regulation (EC) No 1224/2009
Article 40 — paragraph 6
Text proposed by the Commission |
Amendment |
6. The Commission may, by means of implementing acts, lay down detailed rules concerning the certification of propulsion engine power. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).; |
6. The Commission is empowered to adopt delegated acts in accordance with Article 119a laying down detailed rules concerning the certification of propulsion engine power.; |
Amendment 140
Proposal for a regulation
Article 1 — paragraph 1 — point 37
Regulation (EC) No 1224/2009
Article 41 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Member States shall verify the accuracy and consistency of the data on engine power and tonnage, using all available information related to the technical characteristics of the vessel concerned. |
Amendment 141
Proposal for a regulation
Article 1 — paragraph 1 — point 37
Regulation (EC) No 1224/2009
Article 41 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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Member States shall inform the Commission, as part of the report referred to in Article 118, of the results of the checks referred to in this Article and of the measures taken where the engine power or tonnage of the fishing vessel is greater than that declared in the fishing licence or in the Union or national fleet register. |
Amendment 142
Proposal for a regulation
Article 1 — paragraph 1 — point 39 a (new)
Regulation (EC) No 1224/2009
Article 44
Present text |
Amendment |
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Article 44 |
‘Article 44 |
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Separate stowage of demersal catches subject to multiannual plans |
Separate stowage of demersal catches subject to multiannual plans |
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1. All catches of demersal stocks subject to a multiannual plan retained on board a Union fishing vessel of 12 metres’ length overall or more shall be placed in boxes, compartments or containers separately for each of such stocks in such a way that they are identifiable from other boxes, compartments or containers. |
1. All catches of target demersal stocks subject to a recovery plan , specific control and inspection programs adopted pursuant to Article 95 including provisions on separate stowage, or specific control measures as defined in multiannual plans, retained on board a Union fishing vessel of 12 metres’ length overall or more shall be placed in boxes, compartments or containers separately for each of such stocks in such a way that they are identifiable from other boxes, compartments or containers. |
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2. Masters of Union fishing vessels shall keep the catches of demersal stocks subject to a multiannual plan according to a stowage plan that describes the location of the different species in the holds. |
2. Masters of Union fishing vessels shall keep the catches of demersal stocks referred to in paragraph 1 according to a stowage plan describing the location of the different species in the holds. |
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3. It shall be prohibited to retain on board a Union fishing vessel in any box, compartment or container any quantity of catches of demersal stocks subject to a multiannual plan mixed with any other fisheries product. |
3. It shall be prohibited to retain on board a Union fishing vessel in any box, compartment or container any quantity of catches of demersal stocks referred to in paragraph 1 mixed with any other fisheries product.’ |
Amendment 143
Proposal for a regulation
Article 1 — paragraph 1 — point 42 — point a
Regulation (EC) No 1224/2009
Article 48 — paragraph 3
Text proposed by the Commission |
Amendment |
3. If the lost gear cannot be retrieved, the Master of the vessel shall include the information on the lost gear in the logbook pursuant to Article 14(3). The competent authority of the flag Member State shall inform the competent authority of the coastal Member State. |
3. If the lost gear cannot be retrieved, the Master of the vessel shall include the information on the lost gear in the logbook pursuant to Article 14(3). The competent authority of the flag Member State shall without delay inform the competent authority of the coastal Member State. |
Amendment 144
Proposal for a regulation
Article 1 — paragraph 1 — point 42 — point b
Regulation (EC) No 1224/2009
Article 48 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Member States shall collect and record information concerning lost gears and provide this information to the Commission upon request . |
5. Member States shall collect and record all the information concerning lost gears referred to in paragraph 3 and provide this information to the Commission and to the European Fisheries Control Agency . |
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The European Fisheries Control Agency shall forward that information to the European Maritime Safety Agency and the European Environmental Agency, in the context of their enhanced cooperation. |
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The Union register of infringements established pursuant to Article 93(1) shall list items of gear lost at sea and shall ensure the recording of information and the availability of that information for Member States and the European Fisheries Control Agency. |
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The information shall be transmitted electronically and without delay. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by further specifying the rules governing the transmission of information. |
Amendment 145
Proposal for a regulation
Article 1 — paragraph 1 — point 43
Regulation (EC) No 1224/2009
Article 50 — title
Text proposed by the Commission |
Amendment |
Control of fishing restricted areas |
Control of fishing restricted areas and marine protected areas |
Amendment 146
Proposal for a regulation
Article 1 — paragraph 1 — point 43
Regulation (EC) No 1224/2009
Article 50 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Fishing activities in fishing restricted areas located in Union waters shall be controlled by the coastal Member State. The coastal Member State shall have a system to detect and record the fishing vessels’ entry into, transit through and exit from fishing restricted areas under its jurisdiction or sovereignty. |
1. Fishing activities in fishing restricted areas and marine protected areas located in Union waters shall be controlled by the coastal Member State. The coastal Member State shall have a system to detect and record the fishing vessels’ entry into, transit through and exit from fishing restricted areas and marine protected areas under its jurisdiction or sovereignty. |
Amendment 147
Proposal for a regulation
Article 1 — paragraph 1 — point 43
Regulation (EC) No 1224/2009
Article 50 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Fishing activities of Union fishing vessels in fishing restricted areas located in high seas or in third country waters shall be controlled by the flag Member States. |
2. Fishing activities of Union fishing vessels in fishing restricted areas and marine protected areas located in high seas or in third country waters shall be controlled by the flag Member States. |
Amendment 148
Proposal for a regulation
Article 1 — paragraph 1 — point 43
Regulation (EC) No 1224/2009
Article 50 — paragraph 3 — introductory part
Text proposed by the Commission |
Amendment |
3. Transit through a fishing restricted area is allowed for all fishing vessels that are not authorised to fish in such areas subject to the following conditions: |
3. Transit through a fishing restricted area or marine protected area is allowed for all fishing vessels that are not authorised to fish in such areas subject to the following conditions: |
Amendment 149
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
Member States shall ensure that recreational fisheries on their territory and in Union waters are conducted in a manner compatible with the objectives and rules of the common fisheries policy. |
Member States shall ensure that recreational fisheries on their territory and in Union waters are conducted in a manner compatible with the objectives and rules of the common fisheries policy and with Union conservation measures, including those adopted as part of multiannual plans . |
Amendment 150
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 1 — subparagraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 151
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 1 — subparagraph 2 — point b
Text proposed by the Commission |
Amendment |
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Amendment 152
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 2 — introductory part
Text proposed by the Commission |
Amendment |
2. As regards stocks, groups of stocks and species that are subject to Union conservation measures applicable to recreational fisheries, Member States shall |
2. As regards stocks, groups of stocks and species that are subject to Union conservation measures applicable to recreational fisheries, including additional conservation measures adopted as part of multiannual plans, Member States shall: |
Amendment 153
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 342
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3 a. The master of a fishing vessel used in pesca-tourism shall, before each occasion where the fishing vessel is used for that specific purpose, notify the competent authorities accordingly. Article 15 shall not apply. |
Amendment 154
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 4
Text proposed by the Commission |
Amendment |
4. National control programmes referred to in Article 93a shall include specific control activities concerning the recreational fisheries. |
deleted |
Amendment 155
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 5 — subparagraph 1 — introductory part
Text proposed by the Commission |
Amendment |
The Commission may, by way of implementing acts, adopt detailed rules concerning: |
The Commission is empowered to adopt delegated acts, in accordance with Article 119a, supplementing this Regulation by laying down detailed rules concerning: |
Amendment 343
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 5 — point a a (new)
Text proposed by the Commission |
Amendment |
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Amendment 156
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 5 — subparagraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 157
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 5 — subparagraph 1 — point c
Text proposed by the Commission |
Amendment |
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Amendment 158
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 5 — subparagraph 1 — point d
Text proposed by the Commission |
Amendment |
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Amendment 159
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 5 — subparagraph 2
Text proposed by the Commission |
Amendment |
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). |
deleted |
Amendment 160
Proposal for a regulation
Article 1 — paragraph 1 — point 44
Regulation (EC) No 1224/2009
Article 55 — paragraph 6
Text proposed by the Commission |
Amendment |
6. This Article shall apply to any recreational fishing activities, including fishing activities organised by commercial entities in the tourism sector and in the sector of sport competition. |
6. This Article shall apply to any recreational fishing activities , such as those performed with the support of a vessel, diving or on foot with the use of any catching or harvesting method , including fishing activities organised by commercial entities in the tourism sector and the sector of sport competition , as well as in the context of pesca-tourism and with recreational fishing charter vessels . |
Amendment 161
Proposal for a regulation
Article 1 — paragraph 1 — point 44 a (new)
Regulation (EC) No 1224/2009
Chapter V a (new)
Text proposed by the Commission |
Amendment |
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Amendment 332
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Art 56 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Each Member State shall be responsible for controlling on its territory the application of the rules of the common fisheries policy at all stages of marketing of fishery and aquaculture products, from their placing on the market to the retail sale, including transport. Member States shall in particular take measures to ensure that the use of fishery products below the applicable minimum conservation reference size that are subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 is restricted to purposes other than direct human consumption. |
1. Each Member State shall be responsible for controlling on its territory the application of the rules of the common fisheries policy at all stages of marketing of fishery and aquaculture products, from their placing on the market to the retail sale, including the HORECA sector and transport. Member States shall in particular take measures to ensure that the use of fishery products below the applicable minimum conservation reference size that are subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 is restricted to purposes other than direct human consumption. By way of derogation from Article 15(11) of Regulation (EU) No 1380/2013, in the interests of social solidarity and in order to reduce wastage, products from fish under the relevant minimum conservation reference sizes that are subject to a landing obligation may be donated for charitable and/or social purposes. That derogation shall not result in the creation of a market for catches below the minimum conservation reference size. |
Amendment 163
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 56a — paragraph 1
Text proposed by the Commission |
Amendment |
1. Fishery and aquaculture products from catching or harvesting shall be put into lots prior to placing on the market. |
1. Fishery and aquaculture products shall be put into lots prior to placing on the market. |
Amendment 164
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 56a — paragraph 2
Text proposed by the Commission |
Amendment |
2. A lot shall only contain fishery or aquaculture products of a single species, of the same presentation and coming from the same relevant geographical area and from the same fishing vessel, or group of fishing vessels, or coming from the same aquaculture production unit. |
2. For the purpose of placing fishery or aquaculture products on the market, for products falling under Chapter 3 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87, each lot shall consist of a single species, of the same presentation and coming from the same relevant geographical area and from the same fishing vessel, or group of fishing vessels, or coming from the same aquaculture production unit. |
Amendment 165
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 56a — paragraph 3
Text proposed by the Commission |
Amendment |
3. By way of derogation from paragraph 2, quantities of fishery products totalling less than 30kg of fishery products of several species and coming from the same relevant geographical area and of the same presentation, per vessel and per day, may be put into the same lot by the operator of the fishing vessel, the producer organisation of which the operator of the fishing vessel is a member or by a registered buyer, prior to the placing on the market. |
3. Notwithstanding paragraph 2, quantities of fishery products totalling less than 30kg of fishery products of several species and coming from the same relevant geographical area and of the same presentation, per vessel and per day, may be put into the same batch by the operator of the fishing vessel, the producer organisation of which the operator of the fishing vessel is a member , by the fisheries auction or by the registered buyer, prior to the placing on the market. |
Amendment 166
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 56a — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. By way of derogation from Article 15(11) of Regulation (EU) No 1380/2013, in the interests of social solidarity and in order to reduce wastage, fish under the relevant minimum conservation reference sizes may be used for charitable and/or social purposes. |
Amendment 167
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 56a — paragraph 5 — introductory part
Text proposed by the Commission |
Amendment |
5. After the placing on the market, a lot of fishery or aquaculture products may only be merged with another lot or split, if the lot created by merging or the lots created by splitting meet the following conditions: |
5. After the placing on the market, a lot of fishery or aquaculture products may only be merged with another lot or split, if the batch created by merging or the lots created by splitting meet the following conditions: |
Amendment 168
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 56a — paragraph 5 — point a
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 169
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 56a — paragraph 5 — point b
Text proposed by the Commission |
Amendment |
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Amendment 170
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 56a — paragraph 5 — point c
Text proposed by the Commission |
Amendment |
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Amendment 171
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 56a — paragraph 6
Text proposed by the Commission |
Amendment |
6. This Article shall only apply to fishery and aquaculture products falling under Chapter 3 and under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87*. |
6. Without prejudice to paragraph 2, this Article shall apply to fishery and aquaculture products falling under Chapter 3 and under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87*. |
Amendment 172
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 57 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Checks may take place at all stages in the supply chain including transport. In the case of products to which common marketing standards apply only at the placing on the market, checks carried out at further stages in the supply chain can be of a documentary nature. |
2. Checks may take place at all stages in the supply chain, including transport and catering . In the case of products to which common marketing standards apply only at the placing on the market, checks carried out at further stages in the supply chain can be of a documentary nature. |
Amendment 173
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Without prejudice to traceability requirements set out in Regulation (EC) No 178/2002, lots of fishery or aquaculture products shall be traceable at all stages of production, processing and distribution, from catching or harvesting to retail stage, including fisheries and aquaculture products which are destined for export. |
1. Without prejudice to traceability requirements set out in Regulation (EC) No 178/2002, lots and batches of fishery or aquaculture products shall be traceable at all stages of production, processing and distribution, from catching or harvesting to retail stage, including fisheries and aquaculture products which are destined for export. |
Amendment 174
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Operators at all stages of production, processing and distribution, from catching or harvesting to retail stage, shall ensure that for each lot of fishery or aquaculture products, the information listed in paragraphs 5 and 6: |
2. Operators at all stages of production, processing and distribution, from catching or harvesting to retail stage, shall ensure that for each lot or batch of fishery or aquaculture products, the information listed in paragraphs 5 and 6: |
Amendment 175
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Lots of fishery and aquaculture products placed on the market or likely to be placed on the market in the Union, or exported or likely to be exported, shall be adequately marked or labelled to ensure the traceability of each lot. |
3. Lots and batches of fishery and aquaculture products placed or made available on the market or likely to be placed or made available on the market in the Union, or exported or likely to be exported, shall be adequately marked or labelled to ensure the traceability of each lot. |
Amendment 176
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Member States shall check that operators have in place digitalised systems and procedures to identify any operator from whom they have been supplied with lots of fishery and aquaculture products and to whom these products have been supplied. This information shall be made available to the competent authorities on demand. |
4. Member States shall check that operators have in place digitalised systems and procedures to identify any operator from whom they have been supplied with lots or batches of fishery and aquaculture products and to whom these products have been supplied. This information shall be made available to the competent authorities on demand. |
Amendment 177
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 5 — introductory part
Text proposed by the Commission |
Amendment |
5. Information on lots of fishery and aquaculture products, except products imported into the Union, the information referred to in paragraph 2 shall include: |
5. Information on lots or batches of fishery and aquaculture products, except products imported into the Union, the information referred to in paragraph 2 shall include: |
Amendment 178
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 5 — point c
Text proposed by the Commission |
Amendment |
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Amendment 179
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 5 — point f
Text proposed by the Commission |
Amendment |
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Amendment 180
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 6 — introductory part
Text proposed by the Commission |
Amendment |
6. Information on lots of fishery and aquaculture products imported into the Union, the information referred to in paragraph 2 shall include: |
6. Information on lots or batches of fishery and aquaculture products imported into the Union, the information referred to in paragraph 2 shall include: |
Amendment 181
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 6 — point d
Text proposed by the Commission |
Amendment |
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Amendment 182
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 6 — point h a (new)
Text proposed by the Commission |
Amendment |
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Amendment 183
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 7
Text proposed by the Commission |
Amendment |
7. Member States may exempt from the requirements set out in this Article small quantities of products sold directly from fishing vessels to consumers, provided that these do not exceed 5kg of fishery product per consumer per day. |
7. Member States may exempt from the requirements set out in this Article small quantities of products sold from fishing vessels by the master or a representative of the master directly to consumers and which are not subsequently marketed but used only for private consumption , provided that those quantities do not exceed 5 kg of fishery product per consumer per day. |
Amendment 184
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 9
Text proposed by the Commission |
Amendment |
9. This Article shall only apply to fishery and aquaculture products falling under Chapter 3 and under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87*. |
9. This Article shall apply to fishery and aquaculture products falling under Chapter 3 and under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87*. |
Amendment 185
Proposal for a regulation
Article 1 — paragraph 1 — point 46
Regulation (EC) No 1224/2009
Article 58 — paragraph 10
Text proposed by the Commission |
Amendment |
10. This article shall not apply to ornamental fish, crustaceans and molluscs. |
10. This Article shall not apply to ornamental fish, crustaceans, molluscs and algae . |
Amendment 186
Proposal for a regulation
Article 1 — paragraph 1 — point 48
Regulation (EC) No 1224/2009
Article 59a — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. When products which have been weighed immediately after landing are not sold on the same day, a margin of tolerance of 10 % between the landing weight and the sale weight shall be allowed. That margin of tolerance applies only in cases in which the fresh product is stored in the facilities of authorised agents, legalised through a collection document, for sale on subsequent days. |
Amendment 187
Proposal for a regulation
Article 1 — paragraph 1 — point 48
Regulation (EC) No 1224/2009
Article 59a — paragraph 2
Text proposed by the Commission |
Amendment |
2. Before registration of an operator to perform the weighing of fishery products , Member States shall ensure that the operator is competent and adequately equipped to carry out weighing activities. Member States shall also have a system in place by which operators that no longer comply with the conditions for carrying out weighing activities, are no longer registered . |
2. By way of derogation from paragraph 1 , Member States may permit fisheries products to be weighed on board the fishing vessel subject to a sampling plan as referred to in Article 60(1) . |
Amendment 188
Proposal for a regulation
Article 1 — paragraph 1 — point 48
Regulation (EC) No 1224/2009
Article 59a — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fisheries products in a Member State shall be responsible for the accuracy of the weighing operation unless, in accordance with paragraph 2, the weighing takes place on board a fishing vessel, in which case it shall be the master’s responsibility. |
Amendment 189
Proposal for a regulation
Article 1 — paragraph 1 — point 48
Regulation (EC) No 1224/2009
Article 59a — paragraph 4
Text proposed by the Commission |
Amendment |
4. The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning the criteria for the registration of operators entitled to perform the weighing of fisheries products, and the content of the weighing records." |
deleted |
Amendment 190
Proposal for a regulation
Article 1 — paragraph 1 — point 48
Regulation (EC) No 1224/2009
Article 59a — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. The competent authorities of a Member State may require that any quantity of fisheries products first landed in that Member State is weighed in the presence of officials before being transported elsewhere from the place of landing. |
Amendment 191
Proposal for a regulation
Article 1 — paragraph 1 — point 49
Regulation (EC) No 1224/2009
Article 60 — paragraph 1 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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By way of derogation from the first subparagraph, Member States may adopt Commission-approved sampling plans in accordance with the methodology referred to in paragraph 6, establishing the quantities and places for fisheries products to be weighed. In accordance with that plan, Member States may permit fisheries products to be weighed: |
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Amendment 192
Proposal for a regulation
Article 1 — paragraph 1 — point 49
Regulation (EC) No 1224/2009
Article 60 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The figure from the weighing record shall be transmitted to the master and shall be used for the completion of the landing declaration and the transport document. |
3. The figure from the weighing record shall immediately be transmitted to the master and shall be used for the completion of the landing declaration and the transport document. |
Amendment 193
Proposal for a regulation
Article 1 — paragraph 1 — point 49
Regulation (EC) No 1224/2009
Article 60 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The competent authorities of a Member State may require that any quantity of fishery products first landed in that Member State is weighed by, or weighed in the presence of officials before being transported elsewhere from the place of landing. |
4. The competent authorities of a Member State may require that any quantity of fishery products first landed in that Member State is weighed by, or in the presence of officials, before being transported elsewhere from the place of landing. Without prejudice to paragraph 5, those quantities of fishery products shall not be required to be weighed again. |
Amendment 194
Proposal for a regulation
Article 1 — paragraph 1 — point 49
Regulation (EC) No 1224/2009
Article 60 — paragraph 5 — point c
Text proposed by the Commission |
Amendment |
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Amendment 195
Proposal for a regulation
Article 1 — paragraph 1 — point 49
Regulation (EC) No 1224/2009
Article 60 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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5a. By way of derogation from paragraph 1, the competent authorities of the Member State in which the fisheries products are landed may permit the transport before weighing of those products to registered buyers, registered auctions or other bodies or persons, which are responsible for the placing on the market of fisheries products in another Member State. That permission shall be subject to a common control programme between the Member States concerned as referred to in Article 94, which has been approved by the Commission and based on the risk-based methodology adopted by the Commission in accordance with paragraph 6. |
Amendment 196
Proposal for a regulation
Article 1 — paragraph 1 — point 49
Regulation (EC) No 1224/2009
Article 60 — paragraph 5 b (new)
Text proposed by the Commission |
Amendment |
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5b. By way of derogation from paragraph 1, fishing vessels landing outside Union territory may weigh fisheries products after transport from the place of landing provided that the flag Member State has adopted a Commission-approved control plan based on the risk-based methodology adopted by the Commission in accordance with paragraph 6. |
Amendment 197
Proposal for a regulation
Article 1 — paragraph 1 — point 49
Regulation (EC) No 1224/2009
Article 60 — paragraph 6
Text proposed by the Commission |
Amendment |
6. The Commission may, by way of implementing acts, determine a risk-based methodology for the establishment of the sampling plans referred to in paragraph 5(b) and approve those plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). |
6. The Commission may, by way of implementing acts, determine a risk-based methodology for the establishment of the sampling plans referred to in paragraphs 1 and 5(b) and approve those plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). |
Amendment 198
Proposal for a regulation
Article 1 — paragraph 1 — point 50
Regulation (EC) No 1224/2009
Article 60a — paragraph 2 — point c
Text proposed by the Commission |
Amendment |
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Amendment 199
Proposal for a regulation
Article 1 — paragraph 1 — point 52
Regulation (EC) No 1224/2009
Article 62 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Registered buyers, registered auctions or other bodies or persons authorised by Member States which are responsible for placing on the market of fishery products landed in a Member State, shall record by electronic means the information referred to in Article 64(1) and shall submit by electronic means, within 24 hours after the placing on the market, a sales note containing such information to the competent authorities of the Member State in whose territory the first sale takes place. The accuracy of the sales note shall be the responsibility of these buyers, auctions, bodies or persons. |
1. Registered buyers, registered auctions or other bodies or persons authorised by Member States which are responsible for placing on the market of fishery products landed in a Member State, shall record by electronic means the information referred to in Article 64(1) and shall submit by electronic means, within 48 hours after the placing on the market, a sales note containing such information to the competent authorities of the Member State in whose territory the first sale takes place. The accuracy of the sales note shall be the responsibility of these buyers, auctions, bodies or persons. |
Amendment 200
Proposal for a regulation
Article 1 — paragraph 1 — point 54
Regulation (EC) No 1224/2009
Article 64 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
The sales notes referred to in Article 62 shall have a unique identification number and contain the following data: |
The sales notes referred to in Article 62 shall be of a uniform format throughout the Union, shall have a unique identification number and contain the following data: |
Amendment 201
Proposal for a regulation
Article 1 — paragraph 1 — point 54
Regulation (EC) No 1224/2009
Article 64 — paragraph 1 — point d
Text proposed by the Commission |
Amendment |
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Amendment 202
Proposal for a regulation
Article 1 — paragraph 1 — point 54
Regulation (EC) No 1224/2009
Article 66 — paragraph 3 — point d
Text proposed by the Commission |
Amendment |
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Amendment 203
Proposal for a regulation
Article 1 — paragraph 1 — point 56
Regulation (EC) No 1224/2009
Article 68 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Before the transport begins , the transporter shall transmit the transport document by electronic means to the competent authorities of the flag Member State, of the Member State of landing, the Member State(s) of transit, the Member State of destination of the fisheries product, as appropriate. |
2. Within 48 hours of loading , the transporter shall transmit the transport document by electronic means to the competent authorities of the flag Member State, of the Member State of landing, the Member State(s) of transit, and the Member State of destination of the fisheries product, as appropriate. |
Amendment 204
Proposal for a regulation
Article 1 — paragraph 1 — point 56
Regulation (EC) No 1224/2009
Article 68 — paragraph 4 — point c
Text proposed by the Commission |
Amendment |
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Amendment 205
Proposal for a regulation
Article 1 — paragraph 1 — point 56
Regulation (EC) No 1224/2009
Article 68 — paragraph 4 — point d
Text proposed by the Commission |
Amendment |
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A margin of tolerance of 5 % shall be permitted when the distance to be travelled is less than 500 km or the travel time is five hours or less; the margin of tolerance shall be 15 % when the distance and travel time is greater than that; |
Amendment 206
Proposal for a regulation
Article 1 — paragraph 1 — point 56
Regulation (EC) No 1224/2009
Article 68 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The competent authorities of Member States may grant exemptions from the obligation set out in paragraph 1 if the fisheries products are transported within a port area or not more than 20 km from the place of landing. |
5. The competent authorities of Member States may grant exemptions from the obligation set out in paragraph 1 if the fisheries products are transported within a port area or not more than 50 km from the place of landing. |
Amendment 207
Proposal for a regulation
Article 1 — paragraph 1 — point 56
Regulation (EC) No 1224/2009
Article 68 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. The transport document may be replaced by a copy of the landing declaration or any equivalent document pertaining to the quantities transported only when that document contains the same information as indicated in paragraph 4. |
Amendment 208
Proposal for a regulation
Article 1 — paragraph 1 — point 57 a (new)
Regulation (EC) No 1224/2009
Article 71 — paragraph 1 — point a
Present text |
Amendment |
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Amendment 209
Proposal for a regulation
Article 1 — paragraph 1 — point 57 b (new)
Regulation (EC) No 1224/2009
Article 71 — paragraph 3
Present text |
Amendment |
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3. If the sighting or detection refers to a fishing vessel of another Member State or a third country and the information does not correspond to any other information that is available to the coastal Member State and if that coastal Member State is not in a position to undertake further action, it shall record its findings in a surveillance report and shall transmit that report without delay, if possible by electronic means, to the flag Member State or to the third country concerned. In case of a third country vessel, the surveillance report shall also be sent to the Commission or the body designated by it. |
‘3. If the sighting or detection refers to a fishing vessel of another Member State or a third country and the information does not correspond to any other information that is available to the coastal Member State and if that coastal Member State is not in a position to undertake further action, it shall record its findings in a surveillance report , the format of which shall be uniform throughout the Union, and shall transmit that report without delay, by electronic means, to the flag Member State or to the third country concerned. In case of a third country vessel, the surveillance report shall also be sent to the Commission or the body designated by it.’ |
Amendment 210
Proposal for a regulation
Article 1 — paragraph 1 — point 59 — point a
Regulation (EC) No 1224/2009
Article 73 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where a Union control observer scheme has been established in accordance with the Treaty, control observers on board fishing vessels designated by Member States shall monitor the fishing vessel's compliance with the rules of the common fisheries policy. They shall fulfill all the tasks of the observer scheme and in particular record the vessel's fishing activities and examine relevant documents. |
1. Where a Union control observer scheme has been established in accordance with the Treaty, control observers on board fishing vessels designated by Member States shall monitor the fishing vessel's compliance with the rules of the common fisheries policy , with the rules applicable in the waters of the third country or in the high seas where the vessel is operating, including obligations related to technical measures and the protection of the marine environment . They shall fulfill all the tasks of the observer scheme and in particular record the vessel's fishing activities and examine relevant documents. |
Amendment 211
Proposal for a regulation
Article 1 — paragraph 1 — point 59 — point a
Regulation (EC) No 1224/2009
Article 73 — paragraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 212
Proposal for a regulation
Article 1 — paragraph 1 — point 59 — point a
Regulation (EC) No 1224/2009
Article 73 — paragraph 2 — point a a (new)
Text proposed by the Commission |
Amendment |
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Amendment 213
Proposal for a regulation
Article 1 — paragraph 1 — point 59 — point b a (new)
Regulation (EC) No 1224/2009
Article 73 — paragraph 5
Present text |
Amendment |
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5. Control observers shall draw up an observer report , if possible electronically, and forward it without delay, using if deemed necessary electronic means of transmission on board the fishing vessel, to their competent authorities and to the competent authorities of the flag Member State. Member States shall insert the report in the database referred to in Article 78. |
‘5. Control observers shall draw up an observer report electronically and forward it without delay, using if deemed necessary electronic means of transmission on board the fishing vessel, to their competent authorities and to the competent authorities of the flag Member State. Member States shall insert the report in the database referred to in Article 78.’ |
Amendment 214
Proposal for a regulation
Article 1 — paragraph 1 — point 59 — point b b (new)
Regulation (EC) No 1224/2009
Article 73 — paragraph 6
Present text |
Amendment |
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6. In the event that the observer report indicates that the vessel observed has engaged in fishing activities contrary to the rules of the common fisheries policy, the competent authorities referred to in paragraph 4 shall take all appropriate action to investigate the matter. |
‘6. In the event that the observer report indicates that the vessel observed has engaged in fishing activities contrary to the rules of the common fisheries policy, the rules applicable in the waters of the third country or in the high seas where the vessel is operating, the competent authorities referred to in paragraph 4 shall take all appropriate action to investigate the matter.’ |
Amendment 215
Proposal for a regulation
Article 1 — paragraph 1 — point 59 — point b c (new)
Regulation (EC) No 1224/2009
Article 73 — paragraph 7
Present text |
Amendment |
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7. Masters of Community fishing vessels shall provide adequate accommodation for assigned control observers, facilitate their work and avoid interference with the discharge of their duties. Masters of Community fishing vessels shall also provide control observers access to relevant parts of the vessel, including the catch, and to the vessel’s documents including electronic files. |
‘7. Masters of Union fishing vessels shall provide adequate accommodation for assigned control observers, facilitate their work and avoid interference with the discharge of their duties. Masters of Union fishing vessels shall also provide control observers with access to relevant parts of the vessel, including the catch, and to the vessel’s documents including electronic files.’; |
Amendment 216
Proposal for a regulation
Article 1 — paragraph 1 — point 59 — point b d (new)
Regulation (EC) No 1224/2009
Article 73 — paragraph 8
Present text |
Amendment |
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8. All costs arising from the operation of control observers under this Article shall be borne by the flag Member States. Member States may charge those costs, in part or in full, to the operators of the fishing vessels flying their flags involved in the relevant fishery. |
‘8. All costs arising from the operation of control observers under this Article shall be borne by the flag Member States.’ |
Amendment 217
Proposal for a regulation
Article 1 — paragraph 1 — point 59 — point c
Regulation (EC) No 1224/2009
Article 73 — paragraph 9 — point b
Text proposed by the Commission |
Amendment |
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Amendment 218
Proposal for a regulation
Article 1 — paragraph 1 — point 59 — point c
Regulation (EC) No 1224/2009
Article 73 — paragraph 9 — point f a (new)
Text proposed by the Commission |
Amendment |
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Amendment 219
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 74 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Officials shall carry out their duties in accordance with Union law. They shall prepare and conduct inspections in a non-discriminatory manner at sea, in ports, during transport, on processing premises and along the supply chain of the fisheries products. |
2. Officials shall carry out their duties in accordance with Union law. They shall prepare and conduct inspections in a non-discriminatory manner at sea, along the shoreline, in ports, during transport, on processing premises and along the supply chain of the fisheries products. |
Amendment 220
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 74 — paragraph 3 — point b
Text proposed by the Commission |
Amendment |
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Amendment 221
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 74 — paragraph 3 — point d
Text proposed by the Commission |
Amendment |
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Amendment 222
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 74 — paragraph 3 — point f
Text proposed by the Commission |
Amendment |
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Amendment 223
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 74 — paragraph 3 — point g
Text proposed by the Commission |
Amendment |
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Amendment 224
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 74 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Officials shall be able to examine all relevant areas, decks and rooms. They shall also be able to examine catches, processed or not, nets or other gear , equipment, containers and packages containing fish or fisheries products and any relevant documents or electronic transmissions which they deem necessary to verify compliance with the rules of the common fisheries policy. They shall also be able to question persons deemed to have information on the matter that is the subject of the inspection. |
4. Officials shall be able to examine all relevant areas, decks and rooms. They shall also be able to examine catches, processed or not, fishing gear used and on board , equipment, containers and packages containing fish or fisheries products and any relevant documents or electronic transmissions which they deem necessary to verify compliance with the rules of the common fisheries policy. They shall also be able to question persons deemed to have information on the matter that is the subject of the inspection. |
Amendment 225
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 74 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. Inspectors shall receive the training necessary to perform the tasks assigned to them and shall be equipped with the tools necessary to conduct the inspections. |
Amendment 226
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 74 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Officials shall conduct inspections in such manner as to cause the least disturbance or inconvenience to the vessel or transport vehicle and its activities, and to the storing, processing and marketing of the catch . They shall , as far as possible, prevent any degradation of the catch during the inspection. |
5. Officials shall conduct inspections in such manner as to cause the least disturbance or inconvenience to the vessel or transport vehicle and its activities, and to the storing, processing and marketing of the catch, in order to prevent any degradation of the catch during the inspection. |
Amendment 227
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 74 — paragraph 6 — point b
Text proposed by the Commission |
Amendment |
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Amendment 228
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 74 — paragraph 6 — point g
Text proposed by the Commission |
Amendment |
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Amendment 229
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 75 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The operator and the master shall cooperate with officials in the performance of their duties. They shall facilitate the safe access to the vessel, transport vehicle or room where the fisheries products are stored, processed or marketed. They shall ensure the safety of the officials and shall not obstruct, intimidate or interfere with the officials in the performance of their duties. |
1. The operator and the master shall cooperate with officials in the performance of their duties. They shall facilitate the safe access to the vessel, vessel holds, transport vehicle , containers or storage rooms where the fisheries products are stored, processed or marketed , or facilities where fishing gears are stored or repaired . They shall ensure the safety of the officials and shall not obstruct, intimidate or interfere with the officials in the performance of their duties. |
Amendment 230
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 76 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
Officials shall draw up an inspection report after each inspection and shall forward it to their competent authorities. Data contained in this report shall be recorded and transmitted by electronic means. In the case of the inspection of a fishing vessel flying the flag of another Member State, a copy of the inspection report shall be sent by electronic means and without delay to the flag Member State. |
Officials shall draw up an inspection report after each inspection, based on an electronic form which contains the same information for all Member States, and shall forward it to their competent authorities , the European Fisheries Control Agency, and the operator or the master . Member States may include information additional to that contained in the common electronic form. Data contained in this report shall be recorded and transmitted by electronic means. In the case of the inspection of a fishing vessel flying the flag of another Member State, a copy of the inspection report shall be sent by electronic means and without delay to the flag Member State. |
Amendment 231
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 76 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
In the case of the inspection of a fishing vessel flying the flag of a third country, a copy of the inspection report shall be sent by electronic means and without delay to the competent authorities of the third country concerned and to the Commission in the case of detected serious infringements. |
In the case of the inspection of a fishing vessel flying the flag of a third country, a copy of the inspection report shall be sent by electronic means and without delay to the competent authorities of the third country concerned , to the European Fisheries Control Agency, the operator and to the master and to the Commission in the case of detected serious infringements. |
Amendment 232
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 76 — paragraph 1 — subparagraph 3
Text proposed by the Commission |
Amendment |
In case of an inspection carried out in the waters or ports under the jurisdiction of another Member State than the inspecting Member State or of a third country in accordance with international agreements, a copy of the inspection report shall be sent by electronic means and without delay to that Member State or that third country. |
In case of an inspection carried out in the waters or ports under the jurisdiction of another Member State than the inspecting Member State or of a third country in accordance with international agreements, a copy of the inspection report shall be sent by electronic means and without delay to that Member State or that third country and to the European Fisheries Control Agency, the operator and to the master . |
Amendment 233
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 76 — paragraph 3
Text proposed by the Commission |
Amendment |
3. A copy of the inspection report shall be sent as soon as possible to the operator or to the master, and in any case no later than 15 working days after the completion of the inspection. |
3. A copy of the inspection report shall be sent , preferably by electronic means, as soon as possible to the operator or to the master, and in any case no later than 15 working days after the completion of the inspection. |
Amendment 234
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 78 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall set up and keep up to date an electronic database where they upload all inspection reports and surveillance reports concerning the fishing vessels flying their flag drawn up by their officials or other Member States officials or third country officials, as well as other inspections reports and surveillance report drawn up by their officials. |
1. Member States shall set up and keep up to date electronic database which shall be publicly accessible with respect to non-confidential and non-sensitive information where they upload all inspection reports and surveillance reports concerning the fishing vessels flying their flag drawn up by their officials or other Member States officials or third country officials, as well as other inspections reports and surveillance report drawn up by their officials. The European Fisheries Control Agency shall centralise the Member States’ databases. |
Amendment 235
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 79 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Union inspectors shall report to the authorities of the Member State or to the Commission any non-compliant fishing activity by fishing vessels flying the flag of a third country in international waters subject to requirements and/or recommendations issued by a regional international body. |
Amendment 236
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 79 — paragraph 3 — point b a (new)
Text proposed by the Commission |
Amendment |
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Amendment 237
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 79 — paragraph 4 — point b
Text proposed by the Commission |
Amendment |
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Amendment 238
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 79 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by setting out the powers and duties of Union inspectors. |
Amendment 239
Proposal for a regulation
Article 1 — paragraph 1 — point 60
Regulation (EC) No 1224/2009
Article 79 — paragraph 7 — point f a (new)
Text proposed by the Commission |
Amendment |
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Amendment 240
Proposal for a regulation
Article 1 — paragraph 1 — point 68
Regulation (EC) No 1224/2009
Article 88 — paragraph 3
Text proposed by the Commission |
Amendment |
3. If the Member State of landing or transhipment no longer has a corresponding quota at its disposal, Article 37 shall apply. To that end the quantities of fish caught, landed or transhipped in the breach of the rules of the common fisheries policy shall be deemed equivalent to the amount of the prejudice suffered, as mentioned in that Article, by the flag Member State. |
3. If the Member State of landing or transhipment no longer has a corresponding quota at its disposal, Article 37 shall apply. To that end the quantities of fish caught , discarded , landed or transhipped in the breach of the rules of the common fisheries policy shall be deemed equivalent to the amount of the prejudice suffered, as mentioned in that Article, by the flag Member State. |
Amendment 241
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 89 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Without prejudice to the powers of the Member States to initiate criminal proceedings and impose criminal sanctions, Member States shall lay down rules on administrative measures and sanctions and ensure that they are systematically applied, in conformity with their national law, against the natural person having committed or a legal person held liable for a breach of the rules of the common fisheries policy. |
1. Without prejudice to the powers of the Member States to initiate criminal proceedings and impose criminal sanctions, Member States shall lay down rules on administrative measures and sanctions and ensure that they are systematically applied, in conformity with their national law, against the natural person having committed or a legal person held liable for infringements resulting in a breach of the rules of the common fisheries policy. |
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In respect of each specific act of infringement as referred to in the first subparagraph, no more than one Member State may initiate proceedings or impose sanctions against the natural or legal person concerned. |
Amendment 242
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 89a — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall ensure that a natural person having committed or a legal person held liable for infringements of rules of common fisheries policy is punishable by effective, proportionate and dissuasive administrative sanctions. |
1. Member States shall ensure that a natural person having committed or a legal person held liable for infringements of rules of common fisheries policy is punishable by effective, proportionate and dissuasive criminal and/or administrative sanctions. |
Amendment 243
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 89a — paragraph 3
Text proposed by the Commission |
Amendment |
3. When determining these sanctions the Member States shall take into account, in particular, the gravity of the infringement, including the level of environmental damage done, the value of the prejudice to the fishing resources, the nature and extent of the infringement, its duration or repetition, or the accumulation of simultaneous infringements. |
3. When determining these sanctions the Member States shall take into account, in particular, the gravity of the infringement, including the level of environmental damage done, the value of the prejudice to the fishing resources, the nature and extent of the infringement, its duration or repetition, or the accumulation of simultaneous infringements. When setting the amount of those penalties, Member States shall also take the economic situation of the natural person concerned into account. |
Amendment 244
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 89a — paragraph 4
Text proposed by the Commission |
Amendment |
4. Member States may apply a system whereby a fine is proportionate to the turnover of the legal person, or to the economic benefit achieved or envisaged by committing the infringement. |
4. Member States shall apply a system whereby a fine is proportionate to the turnover of the legal person, or to the economic benefit achieved or envisaged by committing the infringement taking into account the seriousness of the offence . |
Amendment 245
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 89a — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. If an infringement is committed, different proceedings may not be brought or different sanctions may not be imposed against the same person for the same acts. |
Amendment 246
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 90 — paragraph 2 — point d
Text proposed by the Commission |
Amendment |
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Amendment 247
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 90 — paragraph 2 — point h
Text proposed by the Commission |
Amendment |
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Amendment 248
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 90 — paragraph 2 — point i
Text proposed by the Commission |
Amendment |
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Amendment 249
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 90 — paragraph 2 — point j
Text proposed by the Commission |
Amendment |
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Amendment 250
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 90 — paragraph 2 — point j a (new)
Text proposed by the Commission |
Amendment |
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Amendment 251
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 90 — paragraph 2 — point q a (new)
Text proposed by the Commission |
Amendment |
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Amendment 252
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 90 — paragraph 3 — point d
Text proposed by the Commission |
Amendment |
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Amendment 253
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 90 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. The Commission shall publish, prior to implementation of the provisions on sanctions, guidelines to ensure standard determination of the seriousness of infringements in the Union and uniform interpretation of the various sanctions applicable. Those guidelines shall be published on the Commission’s website and made available to the general public. |
Amendment 254
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 90 — paragraph 3 b (new)
Text proposed by the Commission |
Amendment |
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3b. By … [two years after the date of entry into force of this amending Regulation], the Agency shall draw up a report on the implementation of the guidelines at Union level. |
Amendment 255
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 91 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
1. Where a natural person is suspected of having committed or is caught in the act while committing a serious infringement or a legal person is suspected of being liable for such a serious infringement, Member States, in addition to the investigation of the infringement in accordance with the provisions of Article 85, shall immediately in conformity with their national law, take relevant and immediate measures such as: |
1. Where a natural person is caught in the act while committing a serious infringement or a serious infringement has been detected in the course of an inspection in relation to that natural person, or there is evidence that a legal person is liable for such a serious infringement, Member States, in addition to the investigation of the infringement in accordance with the provisions of Article 85, shall immediately in conformity with their national law, take relevant and immediate measures such as: |
Amendment 256
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 91a — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
1. Without prejudice to other sanctions applied in accordance with this Regulation and national law, in case of established serious infringement where the serious infringement has lead to obtaining fishery products, Member States shall impose fines for which: |
1. Without prejudice to other sanctions applied in accordance with this Regulation and national law, in case of established serious infringement where the serious infringement has led to obtaining fishery products, Member States shall impose fines for which: |
Amendment 257
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 91a — paragraph 1 — indent 1
Text proposed by the Commission |
Amendment |
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Amendment 258
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 91a — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. In all cases, no more than one Member State may institute proceedings or impose sanctions for each act of infringement. |
Amendment 259
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 91b — paragraph 1 — point 10
Text proposed by the Commission |
Amendment |
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Amendment 260
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 91b — paragraph 1 — point 11 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 261
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 92 — paragraph 3
Text proposed by the Commission |
Amendment |
3. While remaining attached to the licence holder who sold the fishing vessel , points shall also be assigned to any new holder of the fishing licence for the fishing vessel concerned where the vessel is sold, transferred or otherwise changes ownership after the date of the infringement . |
3. Points shall continue to be attached to the licence holder who has committed the infringement and has subsequently sold the fishing vessel in the event of sale, transfer or any other change of ownership after the date of the infringement. Under no circumstances shall they be assigned to the new holder of the fishing licence for the fishing vessel concerned. |
Amendment 262
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 92 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Member States shall also establish a point system under which the master of a vessel is assigned the same number of points as the holder of the fishing licence following a serious infringement committed aboard the vessel under his or her command. |
4. Member States shall also establish a point system under which the master of a vessel is assigned the same number of points as the holder of the fishing licence following a serious infringement committed aboard the vessel under his or her command. The assigned points to the master of the vessel shall be recorded in the official certification document with the indication of date of assignment as well as the date of deletion of the assigned points. |
Amendment 263
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 92 — paragraph 7 a (new)
Text proposed by the Commission |
Amendment |
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7a. Fishing licence holders or masters of vessels that have not committed serious infringements for a period of at least five consecutive calendar years, calculated from 1 January of … [the year of the entry into force of this amending Regulation], shall be allocated two priority points in the national rankings used by the European Maritime and Fisheries Fund under Regulation (EU) No 508/2014. |
Amendment 264
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 92 — paragraph 13 — point a
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 265
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 92 — paragraph 14 a (new)
Text proposed by the Commission |
Amendment |
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14a. The Commission shall publish guidelines clarifying the interpretation of the rules on infringements and sanctions to limit disparities in treatment from Member State to Member State. |
Amendment 266
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 93 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall enter in a national register all suspected and confirmed infringements of the rules of the common fisheries policy committed by vessels flying their flag or the flag of a third country or by their nationals, including all decisions and sanctions they incurred and the number of points assigned. Infringements of fishing vessels flying their flag or by their nationals prosecuted in other Member States shall also be entered by Member States in their national register on infringements, upon notification of the definitive ruling by the Member State having jurisdiction, pursuant to Article.92b. |
1. Member States shall enter in a national register all confirmed infringements of the rules of the common fisheries policy committed by vessels flying their flag or the flag of a third country or by their nationals, including all decisions and sanctions they incurred and the number of points assigned. Infringements of fishing vessels flying their flag or by their nationals prosecuted in other Member States shall also be entered by Member States in their national register on infringements, upon notification of the definitive ruling by the Member State having jurisdiction, pursuant to Article.92b. |
Amendment 267
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 93 — paragraph 2
Text proposed by the Commission |
Amendment |
2. When following up an infringement of rules of the common fisheries policy, a Member State may request other Member States to provide information contained in their national register on the fishing vessels and persons suspected of having committed the infringement in question or caught in the act of committing the infringement in question. |
2. When following up an infringement of rules of the common fisheries policy, a Member State may consult the information contained in the Union register of infringements referred to in Article 93a on the fishing vessels and persons having committed the infringement in question or caught in the act of committing the infringement in question. |
Amendment 268
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article 93 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where a Member State requests information from another Member State in relation to an infringement, that other Member State shall provide without delay the relevant information on the fishing vessels and physical or legal persons involved in the infringement. |
deleted |
Amendment 269
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 register of infringements shall be stored only for as long as necessary for the purpose of this Regulation, but always for a minimum of five calendar years, starting from the year following that in which the information is recorded. |
4. The data contained in the national register of infringements shall be stored only for as long as necessary for the purpose of this Regulation, but always for a minimum of five calendar years, starting from the year following that in which the information is recorded , in compliance with all applicable rules on the protection of privacy and processing of personal data . |
Amendment 270
Proposal for a regulation
Article 1 — paragraph 1 — point 69
Regulation (EC) No 1224/2009
Article - 93 a (new)
Text proposed by the Commission |
Amendment |
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Article - 93 a |
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Union register of infringements |
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1. The Commission shall establish a Union register of infringements (the Union register) centralising information from the Member States concerning the infringements referred to in Article 93(1), as well as information on lost gear as referred to in Article 48(5). For that purpose Member States shall ensure that the information stored in their national registers as referred to in Article 93, as well as information collected and recorded in accordance with Article 48(5), is also entered in the Union register. |
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2. Information relating to an infringement by a natural person of the rules of the common fisheries policy that has led to a conviction as defined in Article 2 of Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States and falling within the scope of that Decision shall not be included in the Union register. |
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3. Information relating to an infringement by a natural person of the rules of the common fisheries policy that has led to a conviction as defined in Article 3 of Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 and falling within the scope of that Regulation shall not be included in the Union register. |
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4. The Union register shall be composed of a central system, a national central access point in each Member State, interface software enabling the connection of the competent authorities to the central system via the national central access points and communication infrastructure between the central system and the national central access points. |
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5. The competent authorities of the Member States may only consult the Union register to verify whether, in respect of a Union fishing vessel or a natural person, any Member State holds information on infringements concerning that vessel or that natural person, as well as information on lost gear. |
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6. The Member States may at any time rectify or erase the data they have entered into the central system of Union register. If a Member State other than the Member State which entered the data has reason to believe that data recorded in the central system are inaccurate, it shall contact the central access point of the Member State without undue delay, with a view to rectification of inaccurate data. |
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7. Data contained in the Union register shall only be stored for as long as the corresponding data are stored in the national register in accordance with Article 93(4). Member States shall ensure that, when data in the national register are erased, those data are immediately erased from the central system of the Union register. |
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8. Each Member State shall be responsible for ensuring a secure connection between its national register and the national central access point, ensuring a connection between its national systems and the Union register, and the management of and arrangements for access of duly authorised staff of the central authorities to the Union register in accordance with this Regulation. Each Member State shall give the staff of its competent authority who have a right to access the Union register appropriate training covering, in particular, data security and data protection rules and applicable rules concerning fundamental rights, before authorising them to process data stored in the Union register. |
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9. In accordance with applicable Union data protection rules, each Member State, together with the Commission, shall ensure that the data recorded in the Union register are registered lawfully, and in particular that only duly authorised staff have access to the data for the performance of their tasks, that the data are collected lawfully in a manner that fully respects the human dignity and fundamental rights of the individual concerned, that the data are entered into the Union register lawfully, and that the data are accurate and up-to-date when they are entered. |
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10. The European Fisheries Control Agency shall have direct access to the Union register for the purpose of fulfilling its tasks in accordance with Regulation (EU) 2019/473. In accordance with applicable Union data protection rules, the European Fisheries Control Agency shall ensure that only duly authorised staff have access to the data. |
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11. The Commission shall adopt implementing acts laying down detailed rules on the technical development and implementation of the Union register in particular concerning the transfer of data from the national registers to the central system of the Union register, the technical specifications of the interface software, maintaining and accessing the Union register in accordance with paragraph 3, performance and availability requirements of the Union register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). |
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12. The costs incurred in connection with the establishment and operation of the central system, the communication infrastructure, and the interface software shall be borne by the EMFF. The costs of connection of the European Fisheries Control Agency to the Union register shall be borne by the European Fisheries Control Agency’s budget. Other costs shall be borne by the Member States, specifically the costs incurred by the connection of the existing national registers, and the competent authorities to the Union register. |
Amendment 271
Proposal for a regulation
Article 1 — paragraph 1 — point 70
Regulation (EC) No 1224/2009
Article 93a — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall establish annual or multiannual national control programmes for the inspections and the control of the rules of the common fisheries policy. |
1. Member States shall establish annual or multiannual national control programmes for inspections , surveillance and control of the rules of the common fisheries policy. |
Amendment 272
Proposal for a regulation
Article 1 — paragraph 1 — point 70
Regulation (EC) No 1224/2009
Article 93a — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
National control programmes shall be risk-based and shall be updated at least once a year in particular taking into account newly adopted conservation and control measures. |
National control programmes shall be risk-based and shall be updated at least once a year in particular taking into account newly adopted conservation and control measures and the conclusions of the annual evaluation report referred to in paragraph 2b . |
Amendment 273
Proposal for a regulation
Article 1 — paragraph 1 — point 70
Regulation (EC) No 1224/2009
Article 93a — paragraph 2
Text proposed by the Commission |
Amendment |
2. By 30 June every year, Member 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. |
2. By 31 March every year, Member States shall submit to the Commission a report on inspections , surveillance and controls performed in the previous year, in accordance with the national control programmes and in compliance with this Regulation. Those reports shall be made public on the official website of the Member States by 31 March every year. |
Amendment 274
Proposal for a regulation
Article 1 — paragraph 1 — point 70
Regulation (EC) No 1224/2009
Article 93a — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. The report on inspections, surveillance and controls referred to in paragraph 2 shall contain, at least, the following information: |
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Amendment 275
Proposal for a regulation
Article 1 — paragraph 1 — point 70
Regulation (EC) No 1224/2009
Article 93a — paragraph 2 b (new)
Text proposed by the Commission |
Amendment |
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2b. By 1 September every year, the Commission shall publish a report with an evaluation of the implementation of the national control programmes. That report shall include the main findings of the reports referred to in paragraph 2, and shall also analyse the application of this Regulation by fishing vessels registered in third countries fishing in Union waters, particularly fishing vessels registered in neighbouring countries of the Union. That report shall be made public on the website of the Commission. |
Amendment 276
Proposal for a regulation
Article 1 — paragraph 1 — point 71 a (new)
Regulation (EC) No 1224/2009
Article 101 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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‘4a. If, after the action has been adopted, the Member State concerned still fails to remedy the situation and act on the shortcomings in its control system, the Commission shall start an investigation with the aim of initiating an infringement procedure against that Member State’. |
Amendment 277
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 computerised database for the purpose of validation of data recorded in accordance with this Regulation. The validation of the data recorded includes the cross-checking, analysis and verification of the data.’ |
‘1. Member States shall , by … [31 December of the third year after the date of entry in force of this amending Regulation], set up a computerised database for the purpose of validation of data recorded in accordance with this Regulation. The validation of the data recorded includes the cross-checking, analysis and verification of the data. The set of data from the Member States’ databases shall be transferred to a single database managed by the European Fisheries Control Agency.’ |
Amendment 278
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 |
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Amendment 279
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) may be provided to scientific bodies of Member States, scientific bodies of the Union and Eurostat. |
Data listed in paragraph 1(a)(ii) and (iii) may be provided to scientific bodies of Member States, scientific bodies of the Union and Eurostat. Those data shall be in an anonymised format, so as not to permit the identification of individual vessels or natural persons. |
Amendment 280
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 |
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5a. Member States shall publish annually their annual reports on national control programmes on the website of their competent authorities. |
Amendment 281
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 information referred to in Article 110(1) and (2) shall not be stored for a period longer than 5 years , except for personal data that is necessary to allow the follow up of a complaint, an infringement, an inspection, a verification or an audit or on-going judicial or administrative proceedings, which may be retained for 10 years. If the information listed in Article 110(1) and (2) is retained for a longer period of time, the data shall be anonymized. |
3. Personal data contained in information referred to in Article 110(1) and (2) shall not be stored for a period longer than one year , except for personal data that is necessary to allow the follow up of a complaint, an infringement, an inspection, a verification or an audit or on-going judicial or administrative proceedings, which may be retained for 10 years. If the information listed in Article 110(1) and (2) is retained for a longer period of time, the data shall be anonymised. |
Amendment 333
Proposal for a regulation
Article 1 — paragraph 1 — point 80 a (new) — point a
Regulation (EC) No 1224/2009
Article 113 — paragraph 2
Present text |
Amendment |
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2. The data exchanged between Member States and the Commission shall not be transmitted to persons other than those in Member States or Community institutions whose functions require them to have such access unless the Member States transmitting the data give their express consent . |
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Amendment 334
Proposal for a regulation
Article 1 — paragraph 1 — point 80 a (new) — point b
Regulation (EC) No 1224/2009
Article 113 — paragraph 3
Present text |
Amendment |
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3. The data referred to in paragraph 1 shall not be used for any purpose other than that provided for in this Regulation unless the authorities providing the data give their express consent for the use of the data for other purposes and on condition that the provisions in force in the Member State of the authority receiving the data do not prohibit such use . |
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Amendment 335
Proposal for a regulation
Article 1 — paragraph 1 — point 80 a (new) — point c
Regulation (EC) No 1224/2009
Article 113 — paragraph 7a (new)
Present text |
Amendment |
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Amendment 282
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 Member State shall set up and keep up-to date an official website for operators and the general public, containing as a minimum the information listed in Article 115. |
For the purpose of this Regulation, each Member State or region shall set up and keep up-to date an official website or websites for operators and the general public, containing as a minimum the information listed in Article 115. |
Amendment 283
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 publish without delay, or provide a direct link to, the following information: |
On their websites, Member States or regions shall publish without delay, or provide a direct link to, the following information: |
Amendment 284
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 |
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Amendment 285
Proposal for a regulation
Article 2 — point 1 a (new)
Regulation (EC) No 768/2005
Article 2 — paragraph 1 — point a
Present text |
Amendment |
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(Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473.) |
Amendment 286
Proposal for a regulation
Article 2 — point 2 — point a
Regulation (EC) No 768/2005
Article 3 — point e
Text proposed by the Commission |
Amendment |
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(Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473. Article 3(e) of Regulation (EC) No 768/2005 corresponds to Article 3(e) of Regulation (EU) 2019/473.) |
Amendment 287
Proposal for a regulation
Article 2 — point 2 — point b a (new)
Regulation (EC) No 768/2005
Article 3 — paragraph 1 — point j a (new)
Text proposed by the Commission |
Amendment |
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(Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473.) |
Amendment 288
Proposal for a regulation
Article 2 — point 2 — point c a (new)
Regulation (EC) No 768/2005
Article 3 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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(Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473.) |
Amendment 289
Proposal for a regulation
Article 2 — point 4 a (new)
Regulation (EC) No 768/2005
Article 17g
Present text |
Amendment |
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Article 17g |
Article 17g |
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Cooperation in maritime affairs |
Cooperation in maritime affairs |
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The Agency shall contribute to the implementation of the EU Integrated Maritime Policy, and in particular conclude administrative agreements with other bodies in matters covered by this Regulation after approval by the Administrative Board. The Executive Director shall inform the Commission and the Member States thereof at an early stage of such negotiations. |
‘The Agency shall contribute to and help the implementation of the EU Integrated Maritime Policy, and in particular conclude administrative agreements with other bodies in matters covered by this Regulation after approval by the Administrative Board. The Executive Director shall inform the European Parliament, the Commission and the Member States thereof at an early stage of such negotiations.’ |
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(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.) |
Amendment 290
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 |
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adopt by 31 October each year, and taking into account the opinion of the Commission and the Member States, the work programme of the Agency for the coming year and forward it to the European Parliament, the Council, the Commission and the Member States. |
‘adopt by 31 October each year, and taking into account the opinion of the European Parliament, the Commission and the Member States, the work programme of the Agency for the coming year and forward it to the European Parliament, the Council, the Commission and the Member States.’ |
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(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.) |
Amendment 291
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 |
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The work programme shall contain the priorities of the Agency. It shall give priority to the duties of the Agency relating to control and surveillance programmes. It shall be adopted without prejudice to the annual Community budgetary procedure. In case the Commission expresses, within 30 days from the date of adoption of the work programme, its disagreement with that programme, the Administrative Board shall re-examine the programme and adopt it, possibly amended, within a period of two months, in a second reading; |
‘The work programme shall contain the priorities of the Agency. It shall give priority to the duties of the Agency relating to control and surveillance programmes. It shall be adopted without prejudice to the annual Community budgetary procedure. In case the European Parliament or the Commission expresses, within 30 days from the date of adoption of the work programme, its disagreement with that programme, the Administrative Board shall re-examine the programme and adopt it, possibly amended, within a period of two months, in a second reading;’ |
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(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.) |
Amendment 292
Proposal for a regulation
Article 2 — point 5 a (new)
Regulation (EC) No 768/2005
Article 24 — paragraph 1
Present text |
Amendment |
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1. The Administrative Board shall be composed of representatives of Member States and six representatives of the Commission. Each Member State shall be entitled to appoint one member. The Member States and the Commission shall appoint one alternate to each member who will represent the member in his/her absence. |
‘1. The Administrative Board shall be composed of representatives of Member States, six representatives of the Commission and representatives of the European Parliament. Each Member State shall be entitled to appoint one member. The European Parliament shall be entitled to appoint two representatives. 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.’ |
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(Regulation (EC) No 768/2005 has been codified and repealed by Regulation (EU) 2019/473. Article 24(1) of Regulation (EC) No 768/2005 corresponds to Article 33(1) of Regulation (EU) 2019/473.) |
Amendment 293
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 |
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(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.) |
Amendment 294
Proposal for a regulation
Article 4 — paragraph 1 — point 9 a (new)
Regulation (EC) No 1005/2008
Article 18 — paragraph 3
Present text |
Amendment |
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3. In the event that the importation of fishery products is refused pursuant to paragraphs 1 or 2, Member States may confiscate and destroy, dispose of or sell such fishery products in accordance with national law. The profits from the sale may be used for charitable purposes. |
‘3. In the event that the importation of fishery products is refused pursuant to paragraphs 1 or 2, Member States may confiscate and destroy, dispose of or sell such fishery products in accordance with national law. The profits from the sale shall be used for charitable purposes.’ |
Amendment 295
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 |
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‘Article 32a |
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Safeguard measures |
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Where a third country has been notified, in accordance with Article 32, of the possibility of being identified as a non-cooperating third country, the Commission may introduce safeguard measures under which preferential tariffs for fishery and aquaculture products are temporarily suspended. Those safeguard measures may apply for as long as the Commission has evidence of specific weaknesses notified and resulting in possible or confirmed IUU activities and therefore the proceedings initiated vis-a-vis that third country have not been terminated.’ |
Amendment 296
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, ‘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. |
For the purpose of this Regulation, ‘serious infringement’ means any infringements listed in points (a) to (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. |
Amendment 297
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 the Member States to initiate criminal proceedings and impose criminal sanctions, Member States shall, in conformity with their national law, systematically apply administrative measures and sanctions against the natural person having committed or a legal person held liable for serious infringements as defined in this Regulation. |
1. Without prejudice to the powers of the Member States to initiate criminal proceedings and impose criminal sanctions, Member States shall, in conformity with their national law, systematically apply administrative measures and sanctions against the natural person having committed or a legal person held liable for serious infringements as defined in this Regulation. |
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In respect of each specific act of infringement as referred to in the first subparagraph, no more than one Member State may initiate proceedings or impose sanctions against the natural or legal person concerned. |
Amendment 298
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 of having committed or is caught in the act while committing a serious infringement or a legal person is suspected of being held liable for such a serious infringement in accordance with this Regulation, Member States shall, in conformity with their national law, immediately take relevant and immediate measures in accordance with Article 91 of Regulation (EC) No 1224/2009. |
2. Where a natural person is caught in the act while committing a serious infringement or a serious infringement has been detected in the course of an inspection in relation to that natural person, or there is evidence that a legal person is liable for such a serious infringement in accordance with this Regulation, Member States shall, in conformity with their national law, immediately take relevant and immediate measures in accordance with Article 91 of Regulation (EC) No 1224/2009. |
Amendment 299
Proposal for a regulation
Article 6 — paragraph 2
Text proposed by the Commission |
Amendment |
Articles 1, 3, 4, 5 shall apply from [24 months after date of entry into force]. |
Articles 1, 3, 4, 5 shall apply from [24 months after the date of entry into force of this Regulation] with the exception of points 6, 11, 12, 21, 22, 23, 44 and 46 of Article 1, which shall apply from… [four years after the date of entry into force of this Regulation ]. |
Amendment 300
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 |
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5 |
Not fulfilling obligations related to the use of fishing gears as set out in the rules of the common fisheries policy. |
4 |
Amendment
deleted
Amendment 301
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 |
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6a |
For vessels not operating in a fishery under a fishing effort management 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. |
5 |
Amendment 302
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 fish stock recovery area, or during a closed season, or without or after attainment of a quota or beyond a closed depth. |
Fishing in a restricted or closed area, or a fish stock recovery area, or during a closed season, or without or after attainment of a quota or beyond a closed depth or distance to shore ; |
Amendment 303
Proposal for a regulation
ANNEX II
Regulation (EC) No 1005/2008
ANNEX II — table 1 — row 4
Text proposed by the Commission
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Flag — Home port and registration number |
Call sign |
IMO/Lloyd's number (if issued) |
Amendment
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Flag — Home port and registration number |
Call sign |
IMO/Unique Vessel Identifier number (if issued) |
Amendment 304
Proposal for a regulation
ANNEX II
Regulation (EC) No 1005/2008
ANNEX II — table 1 — row 7
Text proposed by the Commission
Species |
Product code |
Catch area(s) and dates |
Estimated live weight (net fish weight in kg) |
Estimated live weight to be landed (net fish weight in kg) |
Verified Weight Landed (net weight in kg) |
Amendment
Species |
Product code |
Fishing gear (1) |
Catch area(s) (2) |
Catch dates: from — to |
Estimated net fish weight to be landed (kg) |
Net fish weight (kg) |
Verified net fish weight (kg) (3) |
(1) |
Code to be used in accordance with FAO International Standard Statistical Classification of Fishing Gears. |
(2) |
Catch area:
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(3) |
To be filled only if verified in the context of an official inspection |
Amendment 305
Proposal for a regulation
ANNEX II
Regulation (EC) No 1005/2008
ANNEX II — table 1 — row 11
Text proposed by the Commission
Master of receiving vessels |
Signature |
Vessel name |
Call sign |
IMO/Lloyds number (if issued) |
Amendment
Master of receiving vessels |
Signature |
Vessel name |
Call sign |
IMO/ Unique Vessel Identifier number (if issued) |
(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0016/2021).
(27) OJ C , , p. .
(28) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
(28) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
(32) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
(33) Commission Implementing Regulation (EU) No 931/2011 of 19 September 2011 on the traceability requirements set by Regulation (EC) No 178/2002 of the European Parliament and of the Council for food of animal origin (OJ L 242, 20.9.2011, p. 2).
(32) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
(33) Commission Implementing Regulation (EU) No 931/2011 of 19 September 2011 on the traceability requirements set by Regulation (EC) No 178/2002 of the European Parliament and of the Council for food of animal origin (OJ L 242, 20.9.2011, p. 2).
(34) Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).
(34) Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).
(1a) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(*2) Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).
(*3) Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment (OJ L 155, 12.6.2019, p. 1).
(*4) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
(*5) Directive 92/43/EEC of the European Parliament and of the Council of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).