REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1026/2012 on certain measures for the purpose of the[...]

Text proposed by the Commission

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.

(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 in the fishery concerned.

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1United 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.

1United 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.

2Agreement for the implementing 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 stocks and highly migratory fish stocks, OJ L 189, 3.7.1998, p. 17.

2Agreement for the implementing 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 stocks and highly migratory fish stocks, OJ L 189, 3.7.1998, p. 17.

Text proposed by the Commission

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 andthe UNFSA, or any other international agreement or norm of international law and if it fails to adopt necessaryfishery management measures.

(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 relevantfishery management measures.

Text proposed by the Commission

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.

Text proposed by the Commission

Amendment

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

(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 relevantfishery management, conservation orcontrol measures, including those agreed in the framework of a RFMO.

Text proposed by the Commission

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.

(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.

Present text

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 or accidentally taken in the same fishery or fisheries;

"(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, bycatchor accidentally taken in the same fishery or fisheries;";

Present text

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; the stock levels determining whether the stock is in an unsustainable state are to be determined on the basis of best available scientific advice;

"(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;";

Text proposed by the Commission

Amendment

(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:

(i) 'failure to cooperate' means the failure by third countriesto 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:

Text proposed by the Commission

Amendment

(4) undue delays;

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

Text proposed by the Commission

Amendment

(5) unreasonable information requests;

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

Text proposed by the Commission

Amendment

(8) systemically insisting uponown positions;

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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

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;

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

(i) it fails to adopt orimplement necessaryfishery management measures, including control measures in order to ensurethe effective conservation and management of stocks of common interest; or;

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

Text proposed by the Commission

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"

Text proposed by the Commission

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.";

Present text

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. In such cases, the European Parliament and the Council shall be immediately informed.

"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) 2016/10361aand (EU) 2016/10371bof 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.";

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1aRegulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (codification) (OJ L 176, 30.6.2016, p. 21, ELI: http://data.europa.eu/eli/reg/2016/1036/oj).

1bRegulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (codification) (OJ L 176, 30.6.2016, p. 55, ELI: http://data.europa.eu/eli/reg/2016/1037/oj).

Text proposed by the Commission

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.";

Text proposed by the Commission

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.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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

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 tothe country concerned ceasing to allow non-sustainable fishing.

Text proposed by the Commission

Amendment

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

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

Present text

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:

"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

(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, for the purpose of the conservation of the fish stocks concerned.

(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 conservation of the fish stocks concerned."

Title

Amending Regulation (EU) No 1026/2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing

References

COM(2024)0407 - C10-0098/2024 - 2024/0224(COD)

Date submitted to Parliament

13.9.2024

Committee(s) responsible

PECH

Rapporteurs

Date appointed

Thomas Bajada

14.10.2024

Discussed in committee

19.2.2025

Date adopted

9.4.2025

Result of final vote

+:

-:

0:

27

0

0

Members present for the final vote

Sakis Arnaoutoglou, Thomas Bajada, Stephen Nikola Bartulica, Carmen Crespo Díaz, Ton Diepeveen, Paulo Do Nascimento Cabral, Siegbert Frank Droese, Emma Fourreau, France Jamet, Nora Junco García, Isabelle Le Callennec, Isabella Lövin, Giuseppe Lupo, Francisco José Millán Mon, Jessica Polfjärd, André Rodrigues, Bert-Jan Ruissen, Sander Smit, Emma Wiesner

Substitutes present for the final vote

Luke Ming Flanagan, Idoia Mendia, Piotr Müller, Rasmus Nordqvist

Members under Rule 216(7) present for the final vote

Mélanie Disdier, Billy Kelleher, Ciaran Mullooly, Milan Zver

Date tabled

15.4.2025

27

+

ECR

Stephen Nikola Bartulica, Nora Junco García, Piotr Müller, Bert-Jan Ruissen

ESN

Siegbert Frank Droese

PPE

Carmen Crespo Díaz, Paulo Do Nascimento Cabral, Isabelle Le Callennec, Francisco José Millán Mon, Jessica Polfjärd, Sander Smit, Milan Zver

PfE

Ton Diepeveen, Mélanie Disdier, France Jamet

Renew

Billy Kelleher, Ciaran Mullooly, Emma Wiesner

S&D

Sakis Arnaoutoglou, Thomas Bajada, Giuseppe Lupo, Idoia Mendia, André Rodrigues

The Left

Luke Ming Flanagan, Emma Fourreau

Verts/ALE

Isabella Lövin, Rasmus Nordqvist

0

-

0

0