2009/0051(COD)

North-East Atlantic Fisheries: scheme of control and enforcement; NEAF Convention on multilateral cooperation (repeal. Regulation (EC) No 2791/1999)

Procedure completed

2009/0051(COD) North-East Atlantic Fisheries: scheme of control and enforcement; NEAF Convention on multilateral cooperation (repeal. Regulation (EC) No 2791/1999)
RoleCommitteeRapporteurShadows
Lead PECH FRAGA ESTÉVEZ Carmen (EPP)
Lead PECH
Lead committee dossier: PECH/7/00288
Legal Basis TFEU TFEU 043-p2
Subjects
Links

Activites

  • 2010/12/31 Final act published in Official Journal
  • 2010/12/15 Final act signed
  • 2010/12/15 End of procedure in Parliament
  • 2010/11/29 Act adopted by Council after Parliament's 1st reading
  • #3050
  • 2010/11/29 Council Meeting
  • 2010/10/19 Text adopted by Parliament, 1st reading/single reading
    • T7-0363/2010 summary
    • Results of vote in Parliament
  • 2010/10/19 Commission response to text adopted in plenary
    • SP(2010)8657/2
    • DG Maritime Affairs and Fisheries, DAMANAKI Maria
  • 2010/10/18 Debate in Parliament
  • 2010/09/30 Committee report tabled for plenary, 1st reading/single reading
  • 2010/09/29 Vote in committee, 1st reading/single reading
  • 2010/09/22 Committee draft report
  • 2010/09/15 CSL Final Agreement
  • 2010/03/17 Economic and Social Committee: opinion, report
  • 2009/12/02 Additional information
  • 2009/11/05 Deadline Amendments
  • #2970
  • 2009/10/26 Council Meeting
  • 2009/07/14 Committee referral announced in Parliament, 1st reading/single reading
  • 2009/04/22 EP officialisation
  • 2009/04/02 Legislative proposal
    • COM(2009)0151 summary
    • DG Maritime Affairs and Fisheries, DAMANAKI Maria

Documents

Votes

Rapport Fraga Estévez A7-0260/2010 - Vote unique

2010/10/19
Position Total ALDE ECR EFD GUE/NGL NI PPE S&D Verts/ALE correctional
For 636 75 41 15 28 12 241 172 52 0
Against 21 0 0 11 0 10 0 0 0 0
Abstain 5 0 1 1 1 2 0 0 0 0

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • date
    2009-04-02
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2009&nu_doc=0151
      text
      • PURPOSE: to establish a Scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries.

        PROPOSED ACT: Council Regulation.

        CONTENT: the Convention on Future Multilateral co-operation in North East Atlantic Fisheries to which European Community is a Contracting Party aims to ensure the long term conservation and optimum utilisation of the fishery resources of the North East Atlantic area, providing sustainable, environmental and social benefits.

        For the purpose of ensuring the application of this Convention and recommendations adopted by the North East Atlantic Commission (NEAFC), measures concerning control and enforcement relating to fisheries concerned may be adopted. The Scheme of control and enforcement applies to all vessels used or intended for use for fishing activities conducted on fishery resources in areas defined in the Convention.

        NEAFC adopted during its 25th annual meeting in 2006 a new Scheme to improve the control and enforcement of its recommendations. The main change is the merge of the former Scheme and the Program to promote compliance by non contracting Party vessels.

        The other change is the inclusion of a new Port State Control system which effectively closes European ports to landings of frozen fish, which have not been verified to be legal by the flag State of the foreign vessel. It provides new measures considering control of vessels engaged in illegal, unreported and unregulated (IUU) fisheries. The new Port State Control Measures were last amended by a recommendation adopted by NEAFC at the 26th annual meeting.

        These Recommendations came into force in May 2007, February 2008 and January 2009. They are binding on the Contracting Parties under the terms of the NEAFC Convention. The Community, as a Contracting Party, should consequently apply them.

        Therefore, this proposal seeks to update the Community rules transposing the Scheme of control and enforcement adopted by the North East Atlantic Fisheries Commission (NEAFC). It lays down the general rules and conditions for the application by the Community of the Scheme of control and enforcement adopted by the North-East Atlantic Fisheries Commission.

        Unless otherwise stated, the proposed Regulation shall apply to all Community vessels used or intended for use for fishing activities conducted on fishery resources in the Regulatory Area of the Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries.

        IMPACT ASSESSMENT: no formal impact assessment.

        BUDGETARY IMPLICATION: the proposal has no implication for the Community budget.

      celexid
      CELEX:52009PC0151:EN
      type
      Legislative proposal published
      title
      COM(2009)0151
    body
    EC
    commission
    • DG
      Maritime Affairs and Fisheries
      Commissioner
      DAMANAKI Maria
    type
    Legislative proposal
  • body
    EP
    date
    2009-04-22
    type
    EP officialisation
  • date
    2009-07-14
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2009-10-26
    body
    CSL
    type
    Council Meeting
    council
    General Affairs
    meeting_id
    2970
  • body
    EP
    date
    2009-11-05
    type
    Deadline Amendments
  • date
    2009-12-02
    text
    • The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

      These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

      In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure.

      The Lisbon Treaty also introduced new concepts of decision-making procedure. The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

      The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

      In the case of the proposal for a Council Regulation laying down a Scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries, the entry into force of the Lisbon Treaty had the following impacts:

      ·        the old legal basis - Treaty/EC/Art.37 - became Art. 43 (2) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal;

      ·        the proposal, which had previously fallen under the old consultation procedure (CNS), was classified as an ordinary legislative procedure (COD).

    body
    type
    Additional information
  • date
    2010-03-17
    docs
    body
    ESOC
    type
    Economic and Social Committee: opinion, report
  • body
    CSL
    date
    2010-09-15
    type
    CSL Final Agreement
  • date
    2010-09-22
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE428.009
      type
      Committee draft report
      title
      PE428.009
    body
    EP
    type
    Committee draft report
  • date
    2010-09-29
    text
    • The Committee on Fisheries adopted the report drafted by Carmen FRAGA ESTÉVEZ (EPP, ES) on the proposal for a regulation of the European Parliament and of the Council laying down a Scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries (NEAFC Convention).

      It recommended that the European Parliament's position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure) should be to amend the Commission proposal as follows:

      Recording of catches: the report specifies that the masters of EU fishing vessels shall record either in a bound paginated fishing logbook or by electronic means the following: (a) the date and time of transmission (UTC) of a report, unless this is recorded by electronic means - in case of radio transmission, name of radio station through which the report is transmitted; (b) the fishing depth (where appropriate).

      Reporting of catches of regulated resources: the masters of EU fishing vessels engaged in fishing activities conducted on regulated resources shall draw up a report on the quantities on-loaded and off-loaded for each transhipment of fish during the vessel's stay in the Regulatory Area. Donor vessels shall make this report at least 24 hours in advance, and concerning receiving vessels this report shall be made no later than one hour after transhipment. The report shall include date, time, geographical position of the planned transhipment and total round weight by species to be offloaded or which have been on-loaded in kilograms and the call signs of vessels transhipped to or from respectively. The receiving vessel shall report total catch on board, total weight to be landed, name of the port and date and time of landing at least 24 hours in advance of any landing.

      The reports on catches referred to in this Article shall be given in kilograms (rounded to the nearest 100 Kg) total round weight by species using the FAO codes.

      Global reporting of catches and fishing effort: without prejudice to Article 33(2) of Regulation (EC) No 1224/2009, Member States shall also inform the Commission, by computer transmission before the fifteenth day of each month, of the quantities of regulated resources taken in areas under the national fisheries jurisdiction of third countries and in EU waters of the Convention Area by vessels flying their flag, which have been landed or transhipped during the preceding month.

      Inspection and surveillance: a joint deployment plan shall, inter alia, determine the number of inspections to be carried out. Member States shall ensure that inspections carried out by their inspectors shall be carried out in a non-discriminatory manner and in accordance with the Scheme. Inspectors shall avoid the use of force except in cases of legitimate self-defence.

      Confidentiality: Member States shall ensure confidential treatment of electronic reports and messages transmitted to and received from the NEAFC Secretariat.

      Delegation of powers: the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union:

      §         in respect of detailed rules on lists of fishery resources to be notified, notification and cancellation procedures for prior notice of entry into port as well as authorisation to land or tranship;

      §         in order to transpose into EU law amendments to the existing provisions of the Scheme which become obligatory for the Union, the Commission may amend the provisions of this Regulation concerning: (i) the participation of Contracting parties in the fishery in the Regulatory area; (ii) the removal and disposal of fixed gear and the retrieval of lost gear; (iii) the use of VMS; (iv) cooperation and communication of information to the NEAFC Secretary; (v) the requirements for separate stowage and labelling of frozen fishery resources; (vi) the assignment of NEAFC inspectors; (vii) measures to promote compliance by non-Contracting Party fishing vessels set out in Chapter VI; (viii) the list of regulated resources set out in the Annex.

      When adopting such delegated acts, the Commission shall act in accordance with the provisions of this Regulation.

      Implementing measures: the amended text highlights that the measures necessary for the implementation of this Regulation should be adopted by means of implementing acts in accordance with Article 291 of the Treaty. According to that Article, rules and general principles concerning mechanisms for the control by Member States of the Commission's exercise of its implementing powers shall be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure.

    body
    EP
    committees
    type
    Vote in committee, 1st reading/single reading
  • date
    2010-09-30
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-0260&language=EN
      type
      Committee report tabled for plenary, 1st reading/single reading
      title
      A7-0260/2010
    body
    EP
    committees
    type
    Committee report tabled for plenary, 1st reading/single reading
  • date
    2010-10-18
    body
    EP
    type
    Debate in Parliament
  • date
    2010-10-19
    docs
    body
    EP
    type
    Text adopted by Parliament, 1st reading/single reading
  • date
    2010-10-19
    docs
    • type
      Commission response to text adopted in plenary
      title
      SP(2010)8657/2
    body
    EC
    commission
    • DG
      Maritime Affairs and Fisheries
      Commissioner
      DAMANAKI Maria
    type
    Commission response to text adopted in plenary
  • date
    2010-11-29
    body
    type
    Act adopted by Council after Parliament's 1st reading
  • date
    2010-11-29
    body
    CSL
    type
    Council Meeting
    council
    Agriculture and Fisheries
    meeting_id
    3050
  • date
    2010-12-15
    body
    type
    Final act signed
  • date
    2010-12-15
    body
    EP
    type
    End of procedure in Parliament
  • date
    2010-12-31
    text
    • PURPOSE: to establish a Scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries.

      LEGISLATIVE ACT: Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999.

      CONTENT: following a first-reading agreement reached with the European Parliament, the Council adopted a regulation laying down a Scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries. The Swedish delegation abstained.

      The convention which entered into force in 1982 provides an appropriate framework for multilateral cooperation on the rational conservation and management of fishery resources in the North-East Atlantic area.

      The North-East Atlantic Fisheries Commission (NEAFC), at its Annual Meeting on 15 November 2006, adopted a recommendation establishing a scheme of control and enforcement (the Scheme) applicable to fishing vessels operating in the waters of the Convention Area which lie beyond the waters under the fisheries jurisdiction of the Contracting Parties. The Scheme, which came into force on 1 May 2007, was amended by several recommendations which came into force on 9 February 2008, 6 and 8 January 2009, and 6 February 2010 respectively.

      The Scheme:

      ·         provides for control and enforcement measures applicable to vessels flying the flag of Contracting Parties and operating in the Regulatory Area, and arrangements for inspection at sea which include inspection and surveillance procedures and infringement procedures which must be implemented by the Contracting Parties;

      ·         provides for a new Port State Control system which will effectively close European ports to landings and transhipments of frozen fish which have not been verified to be legal by the flag state of fishing vessels flying the flag of a Contracting Party other than the port state.

      The Scheme also comprises provisions to promote compliance by vessels flying the flag of a non- Contracting Party with the control and enforcement measures in order to ensure full respect of conservation and management measures adopted by NEAFC. NEAFC recommended removing a number of vessels from the list of vessels that have been confirmed to have engaged in illegal, unreported and unregulated fisheries. The incorporation of those recommendations into Union law should be ensured.

      Therefore, this Regulation seeks to update the Community rules transposing the Scheme of control and enforcement adopted by the North East Atlantic Fisheries Commission (NEAFC). It lays down the general rules and conditions for the application by the Community of the Scheme of control and enforcement adopted by the North-East Atlantic Fisheries Commission.

      ENTRY INTO FORCE: 01/01/2011.

    type
    Final act published in Official Journal
    docs
committees added
  • body
    EP
    responsible
    True
    committee
    PECH
    date
    2009-09-01
    committee_full
    Fisheries
    rapporteur
    • group
      EPP
      name
      FRAGA ESTÉVEZ Carmen
  • body
    EP
    responsible
    True
    committee_full
    Fisheries
    committee
    PECH
links added
National parliaments
European Commission
other added
  • body
    EC
    dg
    Maritime Affairs and Fisheries
    commissioner
    DAMANAKI Maria
procedure added
dossier_of_the_committee
PECH/7/00288
reference
2009/0051(COD)
subtype
Legislation
legal_basis
  • Treaty on the Functioning of the EU TFEU 043-p2
stage_reached
Procedure completed
instrument
Regulation
title
North-East Atlantic Fisheries: scheme of control and enforcement; NEAF Convention on multilateral cooperation (repeal. Regulation (EC) No 2791/1999)
type
COD - Ordinary legislative procedure (ex-codecision)
final
subject

code AGPLv3.0+, data ODBLv1.0, site-content CC-By-Sa-3.0
© European Union, 2011 – Source: European Parliament