Conservation of fish stocks: measures in relation to countries allowing non-sustainable fishing

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1Proposal for a regulation · Recital 1
   Current text

   (1) In line with the United Nations Convention on the Law of the Sea of 10 December 19821 (‘UNCLOS’) and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 19952 (‘UNFSA’), the management of certain straddling and highly migratory fish stocks requires the cooperation of all the countries whose fleets exploit that stock. __________________ 1 United Nations Convention on the Law of the Sea, OJ L 179, 23.6.1998, p. 3, ELI: http://data.europa.eu/eli/convention/1998/392/oj. 2 Agreement for the implementing…

   Amendment

   (1) In line with the United Nations Convention on the Law of the Sea of 10 December 19821 (‘UNCLOS’) and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 19952 (‘UNFSA’), the management of certain straddling and highly migratory fish stocks requires the cooperation of all the countries whose fleets exploit that stock. Such cooperation may be established in the framework of regional fisheries management organisations (‘RFMOs’) or by means of ad hoc arrangements among the countries having an interest…

   Excerpt — full text in the official PDF.
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2. Amendment 2Proposal for a regulation · Recital 3
   Current text

   (3) In accordance with Regulation (EU) No 1026/2012 a country may be identified as allowing non-sustainable fishing if, among others, it fails to cooperate in the management of a stock of common interest in full compliance with the provisions of the UNCLOS and the UNFSA, or any other international agreement or norm of international law and if it fails to adopt necessary fishery management measures.

   Amendment

   (3) In accordance with Regulation (EU) No 1026/2012 a country may be identified as allowing non-sustainable fishing if, among others, it fails to cooperate in the management of a stock of common interest in full compliance with the provisions of the UNCLOS, the UNFSA, or any other international agreement or norm of international law and if it fails to adopt relevant fishery management measures.

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3. Amendment 3Proposal for a regulation · Recital 4 a (new)
   Amendment

   (4a) ‘Best available scientific advice’ should be understood to refer to publicly available scientific advice that is supported by the most up-to-date scientific data and methods and that has either been issued or reviewed by an independent scientific body that is recognised at Union or international level.

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4. Amendment 4Proposal for a regulation · Recital 5
   Current text

   (5) It is also necessary to clarify that a country may be considered as allowing non-sustainable fishing if it does not implement the necessary fishery management measures, and that those measures include control measures.

   Amendment

   (5) It is also necessary to clarify that a country may be considered as allowing non-sustainable fishing if it does not implement, comply with or enforce the relevant fishery management, conservation or control measures, including those agreed in the framework of a RFMO.

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5. Amendment 5Proposal for a regulation · Recital 6
   Current text

   (6) It is also appropriate to reinforce the procedures prior and subsequent to the adoption of measures in respect to countries allowing non-sustainable fishing.

   Amendment

   (6) It is also appropriate to reinforce the procedures prior and subsequent to the adoption of measures in respect to countries allowing non-sustainable fishing, including for countries within the framework of RFMOs.

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6. Amendment 6Proposal for a regulation · Article 1 – paragraph 1 – point -1 (new) · Regulation (EU) No 1026/2012 · Article 2 – paragraph 1 – point b
   Current text

   (b) ‘associated species’ means any fish that belongs to the same ecosystem as the stock of common interest and that preys upon that stock, is preyed on by it, competes with it for food and living space or co-occurs with it in the same fishing area, and that is exploited or accidentally taken in the same fishery or fisheries;

   Amendment

   (-1) in Article 2, point (b) is replaced by the following: "(b) ‘associated species’ means any fish that belongs to the same ecosystem as the stock of common interest and that preys upon that stock, is preyed on by it, competes with it for food and living space or co-occurs with it in the same fishing area, and that is exploited, bycatch or accidentally taken in the same fishery or fisheries;";

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7. Amendment 7Proposal for a regulation · Article 1 – paragraph 1 – point -1 a (new) · Regulation (EU) No 1026/2012 · Article 2 – paragraph 1 – point f
   Current text

   (f) ‘unsustainable state’ means the condition where the stock is not continuously maintained at or above the levels that can produce maximum sustainable yield or, if these levels cannot be estimated, where the stock is not continuously maintained within safe biological limits; the stock levels determining whether the stock is in an unsustainable state are to be determined on the basis of best available scientific advice;

   Amendment

   (-1a) in Article 2, point (f) is replaced by the following: "(f) ‘unsustainable state’ means the condition where the stock is not continuously maintained at or above the levels that can produce maximum sustainable yield or, if these levels cannot be estimated, where the stock is not continuously maintained within safe biological limits in line with the precautionary approach to fisheries management as referred to in Article 6 of UNFSA; the stock levels determining whether the stock is in an unsustainable state are to be determined on the basis of best available scientific advice;";

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8. Amendment 8Proposal for a regulation · Article 1 – paragraph 1 – point 1 · Regulation (EU) No 1026/2012 · Article 2 – paragraph 1 – point i – introductory part
   Current text

   (i) ‘failure to cooperate’ means the failure to engage in good faith and have meaningful consultations, in which substantial effort is made, with a view to reaching an agreement on the adoption of necessary fishery management measures; examples of failure to cooperate include, but are not limited to:

   Amendment

   (i) ‘failure to cooperate’ means the failure by third countries to engage in good faith and have meaningful consultations with all the relevant coastal States and/or fishing parties, including within RFMOs, with a view to reaching an agreement on the adoption of necessary fishery management measures; examples of failure to cooperate include, but are not limited to:

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9. Amendment 9Proposal for a regulation · Article 1 – paragraph 1 – point 1 · Regulation (EU) No 1026/2012 · Article 2 – paragraph 1 – point i – point 4
   Current text

   (4) undue delays;

   Amendment

   (4) undue delays in replying to requests or engaging in consultations;

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10. Amendment 10Proposal for a regulation · Article 1 – paragraph 1 – point 1 · Regulation (EU) No 1026/2012 · Article 2 – paragraph 1 – point i – point 5
    Current text

    (5) unreasonable information requests;

    Amendment

    (5) unreasonable requests for information or actions to be taken, including unreasonable deadlines to reply or act;

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11. Amendment 11Proposal for a regulation · Article 1 – paragraph 1 – point 1 · Regulation (EU) No 1026/2012 · Article 2 – paragraph 1 – point i – point 8
    Current text

    (8) systemically insisting upon own positions;

    Amendment

    (8) consistently maintaining their own positions over an extended period, regardless of the flexibilities and concessions offered by other parties during the consultations;

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12. Amendment 12Proposal for a regulation · Article 1 – paragraph 1 – point 1 · Regulation (EU) No 1026/2012 · Article 2 – paragraph 1 – point i – point 10 a (new)
    Amendment

    (10a) adopting unreasonable and unjustified unilateral measures or quotas which are not in line with the measures or quotas agreed bilaterally or multilaterally;

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13. Amendment 13Proposal for a regulation · Article 1 – paragraph 1 – point 1 · Regulation (EU) No 1026/2012 · Article 2 – paragraph 1 – point i – point 10 b (new)
    Amendment

    (10b) implementing discriminatory measures that impact the fleets of third countries, while granting a partial or full exemption from those measures for their own fleet, leading to stocks being in an unsustainable state;

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14. Amendment 14Proposal for a regulation · Article 1 – paragraph 1 – point 1 · Regulation (EU) No 1026/2012 · Article 2 – paragraph 1 – point i – point 10 c (new)
    Amendment

    (10c) lack of transparency in the consultations with all the relevant coastal States or fishing parties, including within RFMOs.

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15. Amendment 15Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) No 1026/2012 · Article 3 – paragraph 1 – point b – point i
    Current text

    (i) it fails to adopt or implement necessary fishery management measures, including control measures in order to ensure the effective conservation and management of stocks of common interest; or;

    Amendment

    (i) it fails to adopt, implement, comply with or enforce relevant fishery management measures, or those agreed bilaterally or multilaterally, including control measures ensuring the effective conservation and management of stocks of common interest or associated species, including measures adopted in the framework of an RFMO; or

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16. Amendment 16Proposal for a regulation · Article 1 – paragraph 1 – point 2 a (new) · Regulation (EU) No 1026/2012 · Article 3 – paragraph 1 – point b – point i a (new)
    Amendment

    (2a) in Article 3, point (b), the following point is inserted: “(ia) it systematically fails to comply with bilateral or multilateral agreements, by failing to take effective or timely action against its nationals or flagged vessels, which were deemed to have carried out illegal, unreported and unregulated fishing or acted contrary to the fishery management measures established by such agreements, leading to stocks being in an unsustainable state; or”

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17. Amendment 17Proposal for a regulation · Article 1 – paragraph 1 – point 3 – point a a (new) · Regulation (EU) No 1026/2012 · Article 6 – paragraph -1 (new)
    Amendment

    (aa) the following paragraph is inserted: “-1. The Commission shall respond within 90 days of receiving a request, from a Member State or the European Parliament, to identify a country as a country allowing non-sustainable fishing and shall outline what actions it intends to take, if any.”;

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18. Amendment 18Proposal for a regulation · Article 1 – paragraph 1 – point 3 – point a b (new) · Regulation (EU) No 1026/2012 · Article 6 – paragraph 1
    Current text

    1. Where the Commission considers that it is necessary to adopt measures referred to in Article 4, it shall notify the country concerned of the intention to identify it as a country allowing non-sustainable fishing. In such cases, the European Parliament and the Council shall be immediately informed.

    Amendment

    (ab) paragraph 1 is replaced by the following: "1. Where the Commission considers that it is necessary to adopt measures referred to in Article 4, it shall notify the country concerned of the intention to identify it as a country allowing non-sustainable fishing. Prior to that notification, the Commission shall also register, as set out in Regulations (EU) 2016/10361a and (EU) 2016/10371b of the European Parliament and of the Council, all imports of products of the country under investigation that may be targeted pursuant to Article 4. In such cases, the European Parliament and the Council shall be immediately informed."; _________ 1a Regulation (EU) 2016/1036 of the European Parliament and…

    Excerpt — full text in the official PDF.
    official amendment document ↗
19. Amendment 19Proposal for a regulation · Article 1 – paragraph 1 – point 3 – point a c (new) · Regulation (EU) No 1026/2012 · Article 6 – paragraph 2 a (new)
    Amendment

    (ac) the following paragraph is inserted: “2a. When the stock of common interest falls under the scope of an RFMO and the non-compliance by a third country results in that country being identified as a country allowing non-sustainable fishing under Article 3, prior to adopting measures referred to in Article 4, the Commission shall raise the matter of a third country allowing non-compliance within the relevant body, to seek timely rectification of the non-compliance.”;

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20. Amendment 20Proposal for a regulation · Article 1 – paragraph 1 – point 3 – point a d (new) · Regulation (EU) No 1026/2012 · Article 6 – paragraph 2 b (new)
    Amendment

    (ad) the following paragraph is inserted: 2b. In the event that, despite the actions taken under paragraph 2a, the country is still identified as a country allowing non-sustainable fishing in accordance with Article 3, the Commission shall take action on the basis of the measures referred to in Article 4.

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21. Amendment 21Proposal for a regulation · Article 1 – paragraph 1 – point 3 – point b · Regulation (EU) No 1026/2012 · Article 6 – paragraph 3
    Current text

    3. Prior to adopting measures referred to in Article 4, the Commission shall provide the country concerned with a reasonable opportunity to respond to the notification in writing and to provide any relevant information.;

    Amendment

    3. Prior to adopting measures referred to in Article 4, the Commission shall provide the country concerned with the opportunity to respond to the notification in writing and to provide any relevant information.

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22. Amendment 22Proposal for a regulation · Article 1 – paragraph 1 – point 3 – point c · Regulation (EU) No 1026/2012 · Article 6 – paragraph 4
    Current text

    4. The Commission shall give to the country concerned adequate time to reply to the notification and a reasonable time to remedy the situation.

    Amendment

    4. The Commission shall give to the country concerned a maximum of 90 days to reply to the notification and a further maximum of 90 days from the date of that reply to remedy the situation.

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23. Amendment 23Proposal for a regulation · Article 1 – paragraph 1 – point 3 – point c · Regulation (EU) No 1026/2012 · Article 6 – paragraph 5
    Current text

    5. Following the adoption of measures pursuant to Article 4, the Commission shall continue to engage with the country concerned, with a view to that country ceasing to allow non-sustainable fishing.

    Amendment

    5. Following the adoption of measures pursuant to Article 4, the Commission shall continue to engage and maintain an open dialogue and shall promote cooperation bilaterally, multilaterally, or with the compliance body of the relevant RFMO, with a view to the country concerned ceasing to allow non-sustainable fishing.

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24. Amendment 24Proposal for a regulation · Article 1 – paragraph 1 – point 3 – point c · Regulation (EU) No 1026/2012 · Article 6 – paragraph 6
    Current text

    6. Where the country concerned enters into consultations with the Union in good faith, the Commission shall engage in such consultations expeditiously..

    Amendment

    6. Where the country concerned enters into consultations with the Union in good faith, the Commission shall engage in such consultations promptly.

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25. Amendment 25Proposal for a regulation · Article 1 – paragraph 1 – point 3 a (new) · Regulation (EU) No 1026/2012 · Article 7 – paragraph 1
    Current text

    1. The measures referred to in Article 4 shall cease to apply when the country allowing non-sustainable fishing adopts appropriate corrective measures necessary for the conservation and management of the stock of common interest and those corrective measures: (a) have either been adopted autonomously or have been agreed in the context of consultations with the Union and, where applicable, other countries concerned; and (b) do not undermine the effect of measures taken by the Union either autonomously, or in cooperation with other countries, for the purpose of the conservation of the fish stocks concerned.

    Amendment

    (3a) in Article 7, paragraph 1 is replaced by the following : “1. The measures referred to in Article 4 shall cease to apply when the country allowing non-sustainable fishing adopts appropriate corrective measures necessary for the conservation and management of the stock of common interest and those corrective measures: (a) have either been adopted autonomously or have been agreed in the context of consultations with the Union and, where applicable, other countries concerned or within the framework of RFMOs; and (b) do not undermine the effect of measures taken by the Union either autonomously, or in cooperation with other countries or within the framework of RFMOs, for the purpose of the c…

    Excerpt — full text in the official PDF.
    official amendment document ↗
26. Amendment 26PECHProposal for a regulation

    Replaces or inserts a longer passage — full text in the official document.

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