Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸9 unchanged paragraphs

on the proposal for a regulation of the European Parliament and of the Council laying down conservation, management and control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries, amending Regulation (EU) 2019/1241 of the European Parliament and of the Council and Council Regulation (EC) No 1224/2009, and repealing Council Regulation (EEC) No 1899/85 and Regulation (EU) No 1236/2010

(COM(2023)0362 – C90221/2023 – 2023/0206(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0362),

– having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90221/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 20 September 2023,

– having regard to Rule 59 of its Rules of Procedure,

Changed– having regard to the report of the Committee on Fisheries (A90000/2023),(A9-0004/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

AddedRecital 1: (1) One of the objectives of the Common Fisheries Policy, as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council21 , is to ensure exploitation of marine biological resources in a way that provides sustainable economic, environmental and social conditions. Furthermore, in accordance with Article 28 of that Regulation, the Union is to ensure that its fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law in the area of the CFP, while promoting a level–playing field for Union operators vis-à-vis third-country operators.

AddedRecital 11: (11) In 2022, the Union, the Faroe Islands, Greenland, Iceland, Norway and the United Kingdom held consultations on control measures for certain pelagic fisheries in the North-East Atlantic. Those consultations were concluded in November 2022, on the basis of the Union position endorsed by the Council on 14 October 2022. The measures agreed in these consultations32 should be implemented into Union law. In accordance with the agreement of the Parties to these fisheries consultations, the application of certain measures should be deferred in order to provide for sufficient implementation time. Those measures should not be applicable until all Parties to those fisheries consultations cease to adopt unilateral fisheries measures, thus jeopardising the state of certain pelagic stocks, and honour their obligations in relation to each other.

AddedRecital 11 a (new): (11a) Regarding the obligation to ensure surveillance of landings of certain pelagic stocks through camera and sensor technologies in landing and processing facilities where more than 3 000 tonnes of those stocks are weighed per calendar year, the surveillance measures should be applied to landings exceeding 10 tonnes so as to exclude small-scale coastal and artisanal fishing. In the case of landing and processing facilities where landings above 10 tonnes do not occur but the total amount of landings amount to more than 3 000 tonnes per calendar year the obligation to use surveillance camera and sensor technologies should not apply. The Member States should publish the list of ports that meet such conditions.

AddedRecital 11 b (new): (11b) The implementation of the provisions established in Article 52 may benefit from support under the European Maritime Fisheries and Aquaculture Fund established by Regulation (EU) 2021/1139 of the European Parliament and of the Council.

Article 1 – paragraph 2: 2. This Regulation applies notwithstanding the obligations set out in existing regulations in the fisheries sector, in particular Regulation of the European Parliament and of the Council (EU) 2017/240342 , and Council Regulations (EC) No 1005/200843 and (EC) No 1224/2009.

Change 2

RemovedArticle 11 – title: Waste at sea and retrieval of lost gear

AddedArticle 3 – paragraph 1 – introductory part: For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council and Article 4 of Regulation (EC) No 1224/2009 of the Council shall apply, unless otherwise provided for in this Regulation. The following definitions shall also apply:

RemovedArticle 11 – paragraph 1: 1. Masters of Union fishing vessels are legally responsible for ensuring that they do not deliberately abandon or discard fishing gear or discharge any kind of waste from their ships as defined in Directive (EU) 2019/883 of the European Parliament and of the Council48 into the sea, in accordance with MARPOL Annex V on Regulations for the Prevention of Pollution by Garbage from Ships.

AddedArticle 3 – paragraph 1 – point 13: 13. ‘VMS’ means a fishing vessel monitoring system providing the competent authorities with data at regular intervals on the position, course and speed of the fishing vessel;

RemovedArticle 52 – paragraph 1: 1. Port Member States shall ensure surveillance by camera and sensor technologies at landing and processing facilities where more than 3,000 tonnes per year of the species referred to in Article 48 are weighed. Those measures shall apply to landings exceeding 10 tonnes of those species.

AddedArticle 3 – paragraph 1 – point 21: 21. ‘electronic fishing logbook’ means the record by electronic means of fishing activity details recorded by the master of a fishing vessel and transmitted to the flag State from the prior notification of entry into the Regulatory Area until the exit from the Regulatory Area.

AddedArticle 3 – paragraph 1 – point 22: 22. ‘FMC’ means a fisheries monitoring centre as defined in Article 4, point (15), of Council Regulation (EC) 1224/2009;

AddedArticle 4 – paragraph 6: 6. Member States shall implement temporary closures in the areas identified by NEAFC following information on encounters with possible VMEs until the NEAFC Secretariat notifies the re-opening of those areas.

AddedArticle 5 – paragraph 3 – point d: (d) provide a report of the results, including all raw data collected, of the exploratory bottom fishing activities to ICES and the Commission, which shall forward it to the NEAFC Secretariat.

AddedArticle 8 – paragraph 1: 1. Member States shall send by electronic means to the Commission the information of all fishing vessels flying their flag and registered in the Union which they intend to authorise to conduct fishing activities in the Regulatory Area. This information shall be sent by 15 December each year for the following year or in any case not later than 15 days before the vessel’s entry into the Regulatory Area.

AddedArticle 8 – paragraph 5 – point c: (c) ensure that fishing vessels flying its flag comply with this Regulation; and

AddedArticle 8 – paragraph 6 – point b: (b) IMO number or, if not applicable, other unique vessel identifier;

AddedArticle 9 – paragraph 2 – point d: (d) IMO number if subject to IMO Resolution A.1078(28) or, if not applicable, other unique vessel identifier;

AddedArticle 9 – paragraph 3: 3. The documents referred to in Article 7(2) and (3) of Implementing Regulation (EU) 404/2011 shall be checked at regular intervals by the competent authority of the flag Member State.

AddedArticle 10 – paragraph 2: 2. It shall be prohibited to deploy fishing gear that is not marked, if marking is required, or if the marking contravenes the requirements referred to in paragraph 1. NEAFC fisheries inspectors may remove and dispose of a fishing gear with non-compliant marking. The fish that are found in the gear shall be donated to charitable organisations or organisations that benefit public interest and, if not fit for human consumption, disposed of in accordance with national law consistent with Union law.

AddedArticle 11 – title: Waste from fishing vessels and retrieval of lost gear

AddedArticle 11 – paragraph 1: 1. Masters of Union fishing vessels shall be legally responsible for ensuring that they do not deliberately abandon or discard fishing gear or discharge any kind of waste from their ships as defined in Directive (EU) 2019/883 of the European Parliament and of the Council48 into the sea, in accordance with MARPOL Annex V on Regulations for the Prevention of Pollution by Garbage from Ships.

AddedArticle 11 – paragraph 2: 2. Union fishing vessels shall notify the competent authorities of its flag Member State within 24 hours about the required information referred to in Article 14(7) and 48 of Council Regulation (EC) 1224/2009 in those cases where the lost gear cannot be retrieved. / (deleted) / (deleted) / (deleted)

AddedArticle 11 – paragraph 3: 3. The Member State shall without delay notify the information referred to in Article 14(7) and Article 48 of Regulation 1224/2009 to the Commission, which shall transmit it to the NEAFC Secretariat.

AddedArticle 11 – paragraph 4: 4. Member States shall undertake to retrieve on a regular basis lost fixed gears belonging to vessels flying their flag. If gear is retrieved that has not been reported as lost, the Member State or other Contracting Party that retrieved the gear may recover the cost from the master of the vessel that has lost the gear.

AddedArticle 13 – paragraph 2: 2. The electronic fishing logbook data transmitted by the master and stored at the FMC shall be considered as the official data. These data and any changes thereof shall be notified to the NEAFC Secretariat by the FMC without delay.

AddedArticle 13 – paragraph 3 – point b – point iii: iii. the list of codes of product form or presentation, preservation state of the resource, type of packing or container shall be in accordance with Annex VIa.

AddedArticle 14 – paragraph 1 – point a: (a) transmit the electronic fishing logbook data by electronic means to their FMC, including at a minimum the data set out in Annex VII including all catches when the vessel engaged in fishing activities;

AddedArticle 15 – paragraph 1 – point a: (a) communicate reports of transhipments in accordance with the specification and format set out in Annex VII by electronic means to their FMC. These reports shall include the quantities on-loaded and off-loaded for each transhipment. The master of a Union donor fishing vessels shall transmit a donor transhipment notification report at least 24 hours in advance of the starting time of the transhipment. The master of a Union receiver fishing vessel shall make a receiver transhipment declaration report no later than 1 hour after the end time of the transhipment. The reports shall include the date, time, geographical position of the planned transhipment and total round weight by species to be off-loaded or which have been on-loaded in kilograms and the identification of vessels transhipped to or from, respectively;

AddedArticle 15 – paragraph 1 – point b: (b) transhipment operations may only commence after the authorisations have been given by the flag Member State or Contracting Party of the receiving vessel. In the case of EU receiver vessels, the flag Member State shall transmit the authorisation to tranship without delay to the NEAFC Secretariat with the Commission and EFCA in copy; and

AddedArticle 15 – paragraph 1 – point c: (c) without prejudice to the provisions in Section 5, subsequent to having been involved in a transhipment operation at sea involving fishery resources caught in the Regulatory Area, the master of a Union receiver fishing vessel shall send a port of landing notification report in the format set out in Annex VII, indicating the total catch onboard, total weight to be landed, the name of port and the date and time of landing, at least 24 hours in advance of the start of any landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area.

AddedArticle 15 – paragraph 3: 3. It shall be prohibited to correct the port of landing notification report, but such a report may be cancelled. If a port of landing notification is cancelled and a new one is sent, the time limits specified in paragraph 1, point (c), shall apply.

AddedArticle 16 – paragraph 1 – point a: (a) establish and operate an FMC in accordance with Articles 9 and 9a of Regulation (EC) 1224/2009;

AddedArticle 16 – paragraph 1 – point d – point i: deleted

AddedArticle 16 – paragraph 1 – point d – point iv: deleted

AddedArticle 16 – paragraph 1 – point e: (e) transmit to the NEAFC Secretariat the position reports as soon as they are received for vessels flying their flag upon entering into or exiting from the Regulatory Area and at least once every hour when operating in the Regulatory Area;

AddedArticle 16 – paragraph 1 – point g: (g) ensure that the data received from its fishing vessels VMS are recorded in a computer readable form and stored for at least three years; and

AddedArticle 16 – paragraph 1 – point h – point ii: ii. ensure that delimitations of closed bottom fishing areas are installed and up to date in their VMS.

AddedArticle 17 – paragraph 4: 4. If the flag Member State FMC does not receive from the NEAFC Secretariat a positive acknowledgement of a fishing activity report, it shall request to the master of the Union fishing vessel to submit an amended report. If it again does not receive a positive acknowledgment, or if it is no longer possible to amend or resubmit the fishing activity reports due to time limits, the flag Member State FMC shall provide the master with the necessary guidance on follow-up procedures, to ensure that the data referred to in Articles 14 and 15 is submitted.

AddedArticle 20 – paragraph 1: 1. Member States whose fishing vessels are authorised to fish in the Regulatory Area shall assign their inspectors to the NEAFC Scheme to carry out inspection and surveillance activities (NEAFC inspectors).

AddedArticle 20 – paragraph 2: 2. Member State shall issue a special identity document to each of their NEAFC inspectors in accordance with the format set out in Annex XII.

AddedArticle 21 – paragraph 2 – point a: (a) the names and unique numbers of the their NEAFC inspectors, including their e-mail address; and

AddedArticle 22 – paragraph 3: 3. The inspecting Member State and EFCA shall forward without delay the data from each surveillance report by electronic transmission in a sighting report with a format in accordance with Part 2 of Annex XVI to the flag Member State or Contracting Party of the fishing vessel concerned and to the NEAFC Secretariat. Any images captured during the surveillance shall be forwarded upon request to the flag Member State or Contracting Party of the fishing vessel concerned.

AddedArticle 23 – paragraph 12: 12. NEAFC inspectors shall transmit without delay a copy of each inspection report to EFCA and promptly upload the information of the inspection report into the secure part of the NEAFC website. The original or a certified copy of each inspection report shall be forwarded upon request to the flag Member State or Contracting Party of the inspected vessel.

AddedArticle 24 – paragraph 1 – point d: deleted

AddedArticle 24 – paragraph 1 – point f: deleted