Council of the
European Union
Brussels, 29 November 2021
(OR. en)
14237/21
Interinstitutional File:
2018/0193(COD)
LIMITE
PECHE 447
CODEC 1559
NOTE
From:
General Secretariat of the Council
To:
Permanent Representatives Committee
Subject:
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
– Preparation of the trilogue
I.
INTRODUCTION
1. On 30 May 2018, the Commission submitted the abovementioned proposal to the European
Parliament and the Council.
1 The proposal was presented to the Agriculture and Fisheries
Council on 18 June 2018. Prior to that, on 17 October 2017, the Council adopted
conclusions on a Special Report from the European Court of Auditors on "EU fisheries
control: more efforts needed".
2
1
doc. 9317/18 + ADD 1-3.
2
doc. 13323/17.
14237/21
LO/JK/IB/nm
1
LIFE.2
LIMITE
EN
2. The Union fisheries control system is mainly set out in three Council regulations: (1) on the
Union control system for fisheries of 2009 ("control regulation")
3; (2) on illegal, unreported
and unregulated fishing of 2008 (“IUU regulation”)
4; and (3) on the European Fisheries
Control Agency (EFCA) of 2019 (“EFCA regulation”)
5. Some other regulations contain
additional specific rules relating to fisheries control.
6
3. The Commission proposal amending these regulations envisages the first major revision of
the Union fisheries control system since its last reform in 2009. Most amendments relate to
the revision of the control regulation. A key objective of the reform is the creation of a more
effective and efficient fisheries control system through improved, simplified and modernised
rules, procedures and instruments.
4. The European Economic and Social Committee delivered its opinion on 12 December
2018
7. The European Committee of the Regions decided on 1 October 2018 not to issue an
opinion.
5. The European Parliament adopted amendments to the Commission proposal on 11 March
2021 and referred the matter back to the PECH Committee for inter-institutional
negotiations
8.
6. The Croatian, German and Portuguese Presidencies worked towards a General Approach,
which was adopted, during the Portuguese Presidency, on 28 June 2021.
9 All Member States
supported the General Approach, except for Poland, which objected to the text, and Finland,
which abstained.
3
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for
ensuring compliance with the rules of the common fisheries policy (OJ L 343, 22.12.2009, p.1).
4
Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent,
deter and eliminate illegal, unreported and unregulated fishing (OJ L 286, 29.10.2008, p. 1).
5
Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European
Fisheries Control Agency (OJ L 83, 25.3.2019, p. 18). The Commission proposal refers to the predecessor of
that regulation of 2005, which was replaced in 2019 (Council Regulation (EC) No 768/2005 of 26 April 2005
establishing a Community Fisheries Control Agency (OJ L 128, 21.5.2005, p. 1).
6
For example, Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures
for the sustainable exploitation of fishery resources in the Mediterranean Sea (OJ L 409, 30.12.2006, p. 11)
and Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a
multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those
stocks (OJ L 191, 15.7.2016, p. 1).
7
doc. 9492/19.
8
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)), P9_TA(2021)0076.
9
doc. 9390/2/21 REV2 + ADD 1-2.
14237/21
LO/JK/IB/nm
2
LIFE.2
LIMITE
EN
II. INTERINSTITUTIONAL NEGOTIATIONS
7. The Slovenian Presidency started inter-institutional negotiations with the European
Parliament in July 2021. Between July and late November 2021, 11 inter-institutional
technical meetings and three political trilogues were held. The Presidency debriefed Coreper
on the outcome of these trilogues on 8 September, 20 October and 19 November 2021
respectively. The Presidency also debriefed the Working Party on Fisheries Policy regularly
on the progress made in inter-institutional technical meetings. The last inter-institutional
technical meeting under the Slovenian Presidency is scheduled on 3 December and the last
trilogue on 7 December.
8. The institutions agreed to divide the Commission proposal into 19 thematic “sequences” and
to address those in the order of their numbering (see Annex 3). The numbering was chosen
with a view to facilitate negotiations. Between July and late November 2021, the institutions
intensively discussed sequences 1, 2, 3, 5 and part of sequence 6. The European Parliament
repeatedly postponed negotiations on sequence 4 due to ongoing internal discussions. It has
recently indicated that it might be ready to exchange views on sequence 4 in the trilogue on
7 December 2021.
9. Negotiations proved to be most intensive on the composition of the Administrative Board of
EFCA and the definitions of and approach to fishing and catching vessels. It became
increasingly obvious that granting the Parliament a seat on EFCA’s Administrative Board,
together with aligning the EFCA Regulation with horizontal rules on decentralised
agencies
10, would allow agreeing on numerous other provisions, including the topic of
fishing and catching vessels. As for the IUU regulation, the European Parliament accepted
all changes proposed in the General Approach.
III. PREPARATION OF THE NEXT TRILOGUE
10. To prepare the trilogue of 7 December, the Presidency presented, on 25 November, to the
Working Party on Fisheries Policy its suggested mandate on sequences 1 to 6, with a focus
10
In particular, the ‘Framework Financial Regulation’ (Commission Delegated Regulation (EU) 2019/715 of 18
December 2018 on the framework financial regulation for the bodies set up under the TFEU and Euratom
Treaty and referred to in Article 70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of
the Council (OJ L 122, 10.5.2019, p. 1)) and the Joint Statement of the European Parliament, the Council of
the EU and the European Commission on decentralised agencies of 19 July 2012.
14237/21
LO/JK/IB/nm
3
LIFE.2
LIMITE
EN
on sequences 1, 2, 3 and 5
11, which was widely supported by delegations. On 29 November,
the Presidency presented a slightly revised version of the suggested mandate
12, taking into
account oral and written comments of several delegations
13, during a meeting of
Councellors/Attachés on Fisheries Policy. This revised Presidency’s proposal for a mandate
is set out in Annexes 1 and 2 to this note
14.
11. On the basis of this mandate, the Presidency will in principle defend the Council's General
Approach for most of the provisions. However, the Presidency seeks to have some flexibility
to address some of the European Parliament's most important concerns and to accept several
compromise texts prepared during the inter-institutional negotiations and acceptable to the
European Parliament and the Commission, as follows:
a) On the EFCA regulation (‘sequence 1’):
i.
to accept the proposed compromise texts relating to the objectives, definitions
and mission of the Agency set out in Annex 1 (Articles 1, 2 and 3 EFCA
Regulation
15);
ii.
to accept that the European Parliament appoints one representative without
the right to vote to EFCA’s Administrative Board (Article 33(1) EFCA
Regulation
16);
iii.
to align various provisions related to the adoption of EFCA’s programming
documents to horizontal rules applicable to decentralised agencies (Articles
24(3), 25, 32(2)(c), 38(3)(a) and 48(1)
17);
b) On definitions of the control regulation (‘sequence 2’):
i.
to accept a corrected definition of the term ‘multiannual plans’ (Article 4(24)
of the control regulation)
18;
c) On licences and authorisations set out in the control regulation (‘sequence 3’):
i.
to agree to refer to ‘towing and auxiliary vessels’ in the definition of ‘fishing
vessel’ and to grant flexibility to further explore how to refer to aquaculture
vessels (Article 4(31) of the control regulation
19);
11
doc. 14148/21 + ADD1.
12
doc. 14148/21 REV1.
13
doc. 14446/21 + ADD1.
14
The document set out in Annex 2 can for technical reasons linked to the Trilogue Table Editor (TTE) not be
included in the 4-column document set out in Annex 1.
15
Rows 1150, 1151a, 1151c and d, 1154, 1156 and 1156a in the Table set out in Annex 1.
16
Row 1178c.
17
Rows 1174a and b, 1178a and b, 1191 and 1201.
18
Row 146. References to the control regulation mean references to the Articles of the control regulation set out
in the Commission’s proposal and/or the General Approach.
14237/21
LO/JK/IB/nm
4
LIFE.2
LIMITE
EN
ii.
grant flexibility to modify the definition of ‘fishing authorisation’ and the
provisions related to it (Articles 4(10) and 7 of the control regulation)
20 and
to introduce a new Article (proposed Article 7a)
21 relating to authorisations of
vessels that are not catching vessels;
iii.
flexibility to support new wording for the provision relating to exemptions of
having authorisations that takes into account certain concerns about this
provision in the GA (Article 7(6) of the control regulation
22);
iv.
flexibility to accept a paragraph and recital on end of use fishing gear (Article
8(2) of the control regulation)
23
d) On the topic of fishing without a fishing vessel (‘sequence 4’):
i.
flexibility to explore including an explicit definition of “fishing without
fishing vessels” in the control regulation and its exact wording (Article 4 and
54d of the control regulation
24), as well as flexibility to explore using
terminology and approaches proposed by the Parliament on some elements of
the proposal (Article 54d)
25;
e) On the IUU Regulation, in particular, IT CATCH - digital management of catch
certificates (‘sequence 5’):
i.
to accept various changes that address errors and omissions in the
Commission’s proposal, in particular, relating to ‘exportation’(Articles 12(5),
12a(1) and 54a)
26;
ii.
to accept updating an outdated reference to vessel identifiers as proposed by
the Parliament (Annex II to the IUU regulation
27);
f) On the topic of national control programme, surveillance and inspections (‘sequence
6’):
i.
to grant flexibility to explore alternative drafting for the definition of “rules
of the common fisheries policy” (Article 4(2) of the control regulation
28) as
19
Row 150a.
20
Row 138a and rows 163a and b.
21
Rows 169a.
22
Row 169.
23
Row 181a.
24
Rows 153g and 508f.
25
Rows 508i and l.
26
Rows 1230a and b, 1234 and 1303.
27
Annex 2 to this note.
28
Row 136.
14237/21
LO/JK/IB/nm
5
LIFE.2
LIMITE
EN
well as agreeing to different wording as regards several other definitions
(Article 4(5) to (7) of the control regulation
29);
ii.
flexibility to refer to “landing site” in various provisions (Article 43 of the
control regulation
30) and consider adding an explicit definition.
III. CONCLUSIONS
12. The Permanent Representatives Committee is invited to enable the Presidency to conduct
negotiations with the European Parliament and to:
- endorse the Presidency's suggested mandate for sequences 1 to 6 as set out in
Annexes 1 and 2 to this note;
- indicate flexibilities in relation to issues as presented in point 11 of this note.
29
Rows 136f, 136h and 136j.
30
Rows 491 and 491a.
14237/21
LO/JK/IB/nm
6
LIFE.2
LIMITE
EN
Annex 1
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
2018/0193(COD)
28-11-2021
Note: The institutions work under the premise that “nothing is agreed until everything is agreed”. Where this document mentions that individual
institutions agree on specific text or an approach, this only means a tentative agreement. The same applies to comments that an institution withdraws a
proposal.
Column 4 (“Presidency’s proposed mandate”) provides information on the state of play in the negotiations and suggestions by the Presidency on
changes to the General Approach in view of achieving an agreement in the inter-institutional negotiations.
The numbering of the rows is overall identical to the numbering in doc. ST 10406 (4-column document of 2 July 2021), except for a very limited
number of rows which have been renumbered, including for technical reasons linked to the database used. Proposed changes to Annex II to Regulation
(EC) No 1005/2008 (IUU Regulation) (distributed before in doc. ST 10406 ADD 1-3) are set out in Annex 2.
Recitals will need to be examined once an agreement has been reached on the related Articles, and are thus currently excluded from the suggested
approach, with the exception of specific provisions where agreement on a recital is crucial for agreement on the provision. Such recitals are addressed
in the particular row relating to the provision.
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, introductory part
131
Regulation (EC) No
Regulation (EC) No 1224/2009 is
14237/21
LO/JK/IB/nm
7
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
1224/2009 is amended as
amended as follows:
Sequence 2
follows:
14237/21
LO/JK/IB/nm
8
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (1), introductory part
(1) Article 4 is amended as
(1) Article 4 is amended as
132
follows:
follows:
Sequence 2
Article 1, first paragraph, point (1)(a), introductory part
GA accepted by EP and COM
(a) The introductory sentence
(a) The introductory
sentence
133
is replaced by the following:
issentences are replaced by the
Sequence 2
following:
Article 1, first paragraph, point (1)(a), amending provision, first paragraph
GA accepted by EP and COM
"
"
For the purpose of this
For the
purposepurposes of this
regulation the definitions set
Regulation
, the definitions set out
Sequence 2
out in Article 4 of Regulation
in Article 4 of Regulation (EU)
(EU) No 1380/2013 and
No 1380/2013 and Article 5 of
134
Article 5 of Regulation (EU)
Regulation (EU) No 1379/2013
No 1379/2013 shall apply
shall apply
, unless otherwise
unless otherwise provided for
provided for in this Regulation
., as
in this regulation.
well as the following
"
definitions:"
"
Article 1, first paragraph, point (1)(b), amending provision(2)
In order to take into account the
136
"
"
Commission and EP positions
2. 'rules of the common
2. 'rules of the common fisheries
that this definition should also
14237/21
LO/JK/IB/nm
9
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
fisheries policy' means legally
policy' means legally binding
cover the Union’s international
binding Union acts, including
Union acts
, including
obligations, flexibility to
international agreements
international agreements
explore, with the assistance of
concluded by the Union, on
concluded by the Union, on the
the Legal Service, alternative
the conservation, management
conservation, management and
drafting that would correctly
and exploitation of marine
exploitation of marine biological
cover those obligations.
biological resources, on
resources, on aquaculture and on
aquaculture and on processing,
processing, transport and
Sequence 6
transport and marketing of
marketing of fisheries and
fisheries and aquaculture
aquaculture products;
products;"
"
Article 1, first paragraph, point (1)(ba), introductory part
EP withdraws its proposed
(ba) point 3 is replaced by the
amendment
following:
136a
EP text deleted
EP AM 35, EX CA 1A
Sequence 6
Article 1, first paragraph, point (1)(ba), amending provision, numbered
paragraph
EP withdraws its proposed
"
amendment
'control' means monitoring and
136b
surveillance of all activities
covered by this Regulation,
EP text deleted
including distribution and
marketing activities throughout
Sequence 6
14237/21
LO/JK/IB/nm
10
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
the market chain;
"
EP AM 35, EX CA 1A
Article 1, first paragraph, point (1)(bb), introductory part
EP withdraws its proposed
(bb) point 4 is replaced by the
amendment
following:
136c
EP AM 36, EX AM 188 (S&D)
EP text deleted
Sequence 6
Article 1, first paragraph, point (1)(bb), amending provision, numbered
paragraph
EP withdraws its proposed
"
amendment
‘inspection’ means any on site
check which is carried out by
EP text deleted
officials regarding compliance
136d
with the rules of the common
Sequence 6
fisheries policy and which is
noted in an inspection report;
"
EP AM 36, EX AM 188 (S&D)
14237/21
LO/JK/IB/nm
11
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (1)(bc), introductory part
Linked to the next row (row
(bc) point 5 is replaced by the
(ba) point 5 is replaced by the
136e)
following:
following:
136e
Sequence 6
EP AM 37, EX AM 189 (S&D)
corresponds to (b1) in the
GA
Article 1, first paragraph, point (1)(bc), amending provision, numbered
paragraph
Support to the following text and
"
"
flexibility to explore adding the
‘surveillance’ means the
‘surveillance’ means the
word “official” before the word
observation by officials of fishing observation of fishing activities
“means”:
activities on the basis of sightings on the basis of sightings by
by inspection vessels, official
inspection vessels, official
aircrafts and vehicles or other
aircrafts or official remotely
‘surveillance’ means the
means, including technical
piloted aircraft systems (RPAS)
observation of fishing activities
detection and identification
and technical detection and
on the basis of sightings by
methods;
identification methods;
inspection vessels, official
136f
"
" aircraft, official remotely piloted
aircraft systems (RPAS),
EP AM 37, EX AM 189 (S&D)
vehicles or other means,
including technical detection and
identification methods;
See former Council 136b (in ST
10406/21), moved for better
comparison.
14237/21
LO/JK/IB/nm
12
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Sequence 6
Article 1, first paragraph, point (1)(bd), introductory part
Linked to the next row (row
(bd) point 6 is replaced by the
136h)
following:
136g
Support to EP proposal
EP AM 38, EX AM 190 (S&D)
Sequence 6
Article 1, first paragraph, point (1)(bd), amending provision, numbered
paragraph
Support to the following text:
"
‘official’ means a person
‘official’ means any person
authorised by a national fisheries
authorised by a competent
control authority, the
authority of a Member State, the
Commission or the European
Commission or the European
136h
Fisheries Control Agency to
Fisheries Control Agency to
carry out an inspection;
carry out control or inspections;
"
Sequence 1 Sequence 6
EFCA
EP AM 38, EX AM 190 (S&D)
14237/21
LO/JK/IB/nm
13
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (1)(be), introductory part
Linked to the next row (row
(be) point 7 is replaced by the
136j)
following:
136i
Support to EP proposal
EP AM 39, EX AM 191 (S&D)
and ENVI 23
Sequence 6
Article 1, first paragraph, point (1)(be), amending provision, numbered
paragraph
Support to EP proposal:
"
‘Union inspectors’ means
‘Union inspectors’ means
officials of a Member State, of
officials of a Member State, of
the Commission or of the
the Commission or of the
European Fisheries Control
European Fisheries Control
Agency, whose names are
Agency, whose names are
136j
contained in the list established
contained in the list established
in accordance with Article 79;
in accordance with Article 79;
"
EP AM 39, EX AM 191 (S&D)
Sequence 6
and ENVI 23
Text Origin: EP Mandate
Article 1, first paragraph, point (1)(c), amending provision(9)
GA accepted by EP and COM
"
"
138
9. ‘fishing licence’ means an
9. ‘fishing licence’ means an
official document conferring
official document conferring on its Sequence 3
14237/21
LO/JK/IB/nm
14
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
on its holder the right, as
holder the right, as determined by
determined by national rules,
national rules, to use a certain
to use a certain fishing
fishing capacity for the
capacity for the commercial
commercial exploitation of marine
exploitation of marine
biological resources
. It contains
biological resources. It
minimum requirements
contains minimum
concerning the identification,
requirements concerning the
technical characteristics and
identification, technical
fitting out of a fishing vessel;
characteristics and fitting out
"
of a fishing vessel;
"
Article 1, xxx
Flexibility to explore different
ways of drafting the definition of
“fishing authorisation”,
amongst others, along the
following lines, in order to
disconnect the concepts of
New
licence and authorisation:
row
138a
10. ‘fishing authorisation’ means
an authorisation issued in respect
of a Union fishing vessel
, where relevant in addition to its
fishing licence, entitling it to
carry out specific fishing
activities during a specified
period, in a given area or for a
14237/21
LO/JK/IB/nm
15
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
given fishery under specific
conditions;
Sequence 3
Article 1, first paragraph, point (1)(g), introductory part
COM proposal accepted by
(g) point 24 is replaced by the
(g) point 24 is replaced by the
Council and EP
145
following:
following:
Sequence 2
Article 1, first paragraph, point (1)(g), amending provision(24)
Support to the following text:
"
"
24. 'multiannual plans' means
24. 'multiannual
plansplan' means 24. 'multiannual plan' means
plans referred to in Articles 9
plans referred to in Articles 9 and
plans referred to in Articles 9
and 10 of Regulation (EU)
10 of Regulation (EU)
1380/2013, and 10 of Regulation (EU) No
1380/2013, management plans
management plansNo 1380/2013,
1380/2013, as well as other
adopted in accordance with
conservation measures adopted in Union measures adopted on the
Article 18 of Regulation (EU)
accordance with Article 18 of
basis of Article 43(2) of the
146
1380/2013 as well as other
Regulation (EU)
1380/2013No
TFEU providing for specific
Union measures adopted on
1380/2013 as well as other Union
management or recovery of
the basis of Article 43(3) of
measures adopted on the basis of
particular fish stocks and
the Treaty and providing for
Article 43(3) of the Treaty
and
covering a period of more than
specific management or
providing for specific
one year;
recovery of particular fish
management or recovery of
stocks for more than a year;
particular fish stocks
forand
"
covering a period of more than
Sequence 2
aone year;
14237/21
LO/JK/IB/nm
16
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
"
Article 1, first paragraph, point (1)(j)
Linked to next row (row 150a)
(j) point 31 is deleted.
(j) point 31 is
replaced by the
150
following: deleted.
Sequence 3
Article 1, first paragraph, point (1)(j)(1)
Support to the following text:
(31) ‘fishing vessel’ means any
vessel equipped for commercial
(31) ‘fishing vessel’ means any
exploitation of marine biological
vessel equipped for commercial
resources, including catching
exploitation of marine biological
vessels, support vessels, fish
resources, including catching
processing vessels, vessels
vessels, support vessels, fish
engaged in transhipment and
processing vessels, towing
carrier vessels equipped for the
vessels, auxiliary vessels,
transportation of fishery
vessels engaged in transhipment
and carrier vessels equipped for
150a
products, except container
vessels;1
the transportation of fishery
_________
products, except container
1.
Recital (10) of the proposal will be
vessels;1151a
replaced by the following: The definition
of a 'fishing vessel' should be replaced by
a more detailed definition, which
Flexibility to explore, with the
clarifies that the term covers any vessel
assistance of the Legal Service,
equipped for commercial exploitation of
different ways of drafting to
marine biological resources, including
refer to “aquaculture vessels”
catching vessels, support vessels, fish
or certain kinds of aquaculture
processing vessels, vessels engaged in
transshipment and carrier vessels
vessels in the Article or a recital
equipped for the transportation of fishery and to insert a recital clarifying
14237/21
LO/JK/IB/nm
17
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
products. While most of the provisions of
that the definition of “fishing
this Regulation should relate to catching
vessel” has no impact on
vessels, an effective Union fisheries
control system requires that in certain
capacity ceilings.
cases other vessels, which play a role in
the exploitation of marine biological
Support to a text along the
resources are also covered. Container
following lines for a recital,
vessels should be excluded from the
following a recent proposal by
definition of a 'fishing vessel' used for
the purpose of this Regulation. Vessels
the EP. Note that the reference
exclusively used for aquaculture should
to aquaculture vessels will be
also not be covered by this definition.
adjusted once there is clarity on
The specific definition of 'fishing vessel'
the drafting of the Article.
set out in this regulation should apply
only for the purposes of this regulation
and be without prejudice to the definition 1. Recital (10) of the proposal
of 'fishing vessel' in other acts for other
will be replaced by the
purposes.
following:
The definition of a 'fishing
vessel' should be replaced by a
more detailed definition, which
clarifies that the term covers any
vessel equipped for commercial
exploitation of marine biological
resources, including catching
vessels, support vessels, fish
processing vessels, towing
vessels, auxiliary vessels,
vessels engaged in
transshipment and carrier vessels
equipped for the transportation
of fishery products but excluding
container vessels [and vessels
used exclusively for
aquaculture]. While most of the
14237/21
LO/JK/IB/nm
18
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
provisions of this Regulation
should relate to catching vessels,
an effective Union fisheries
control system requires that in
certain cases other vessels,
which play a role in the
exploitation of marine biological
resources, are also covered.
Sequence 3 Sequence 7
Article 1, first paragraph, point (1)(k), amending provision(34)
Support to the one of following
34. ‘catching vessel’ means a
34. ‘catching vessel’ means a
texts, preferable to option 2:
fishing vessel used for the
fishing vessel used for the purpose
purpose of the capture of
of the capture of marine biological
marine biological resources.
resources
.;
34. ‘catching vessel’ means a
"
fishing vessel
equipped for the
purpose of the capture of marine
biological resources
;
153
34. ‘catching vessel’ means a
fishing vessel
equipped or used
for the purpose of the capture of
marine biological resources
;
Sequence 3 Sequence 7
Article 1, first paragraph, point (1)(kd)
14237/21
LO/JK/IB/nm
19
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Flexibility to explore a possible
(kd) the following point is added:
definition of “fishing without a
34d. ‘fishing without vessels’
fishing vessel, considering,
means engaging in a fishing
amongst others, the following
activity without using a fishing
text and flexibility to explore
vessel, such as shellfishing,
with the assistance of the Legal
fishing on foot or ice fishing.
Service whether the definition
should refer to ‘catching vessels’
EP AM 53, EX AM 211 (EPP)
instead of ‘fishing vessels’ and
mention that only commercial
153g
vessels are concerned.
‘fishing without a fishing vessel’
means engaging in a fishing
activity without using a fishing
vessel, such as on shore
fisheries, shellfishing, fishing on
foot or ice fishing”.
Sequence 4
Article 1, first paragraph, point (2)
COM proposal accepted by
(2) In Article 5, paragraph 6 is
(2) In Article 5, paragraph 6 is
Council and EP
154
deleted.
deleted.
Article 1, first paragraph, point (3), introductory part
COM proposal accepted by
155
(3) Article 6 is replaced by the
(3) Article 6 is replaced by the
Council and EP
14237/21
LO/JK/IB/nm
20
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
following:
following:
Article 1, first paragraph, point (3), amending provision, first paragraph
COM proposal accepted by
"
"
Council and EP
156
Article 6
Article 6
Article 1, first paragraph, point (3), amending provision, second paragraph
COM proposal accepted by
Fishing licence
Fishing licence
Council and EP
157
Article 1, first paragraph, point (3), amending provision(1)
Defend GA
1. A Union fishing vessel may
1. A Union
fishingcatching vessel
be used for commercial
may be used for commercial
158
exploitation of marine
exploitation of marine biological
biological resources only if it
resources only if it has a valid
has a valid fishing licence.
fishing licence.
Article 1, first paragraph, point (3), amending provision(2)
GA accepted by EP and COM
2. The flag Member State
2. The flag Member State shall
shall ensure that the
ensure that the
fishing licence
159
information contained in the
meets the minimum information
Sequence 3
fishing licence is accurate and
requirements concerning the
consistent with that contained
identification, technical
in the Union fishing fleet
characteristics and fitting out of a
14237/21
LO/JK/IB/nm
21
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
register referred to in Article
catching vessel and that the
24 of Regulation (EU) No
information contained in the
1380/2013.
fishing licence is accurate and
consistent with that contained in
the Union fishing fleet register
referred to in Article
2424(3) of
Regulation (EU) No 1380/2013.
Article 1, first paragraph, point (3), amending provision(3)
Discussion postponed to
3. The flag Member State
"
3. The flag Member State shall
sequence 10 (Enforcement,
shall suspend temporarily the
3. The flag Member State shall
suspend temporarily the fishing
infringements and sanctions)
fishing licence of a vessel
suspend temporarily the fishing
licence of a vessel which is subject
which is subject to temporary
licence of
aan owner, operator or to temporary immobilisation
Sequence 3 Sequence 10
immobilisation decided by that vessel which is subject to
decided by that Member State or
Member State or which has
temporary immobilisation
which has had its fishing
had its fishing authorisation
decidedimposed by that Member
authorisation suspended in
suspended in accordance with
State or which has had its fishing
accordance with Article 91b.
Article 91b.
authorisation suspended in
160
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.
”
EFCA
EP AM 55, EX AMs 215 (EPP)
14237/21
LO/JK/IB/nm
22
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
and 214 (S&D)
Article 1, first paragraph, point (3), amending provision(4)
Discussion postponed to
4. The flag Member State
4. The flag Member State shall
sequence 10 (Enforcement,
shall withdraw permanently
withdraw permanently the fishing
infringements and sanctions)
the fishing licence of a vessel
licence of a
catching vessel which
which is the subject of a
is the subject of a
fishing capacity
capacity adjustment measure
adjustment measure referred to in
Sequence 3 Sequence 10
161
referred to in Article 22 of
Article 22 of Regulation (EU) No
Regulation (EU) No
1380/2013
or which has had its
1380/2013 or which has had
fishing authorisation withdrawn in
its fishing authorisation
accordance with Article 91b.
withdrawn in accordance with
Article 91b.
Article 1, first paragraph, point (3), amending provision(5)
GA accepted by EP and COM
5. The Commission may, by
5. The Commission may, by
means of implementing acts,
means of implementing acts, lay
Sequence 3
lay down rules on the validity
down rules on the validity of
of fishing licences issued by
fishing licences issued by the flag
the flag Member State as well
Member
StateStates as well as the
162
as the minimum information
minimum information
contained therein. Those
requirements concerning the
implementing acts shall be
identification, technical
adopted in accordance with the
characteristics and fitting out of a
examination procedure
catching vessel contained therein.
referred to in Article 119(2).
Those implementing acts shall be
”
adopted in accordance with the
14237/21
LO/JK/IB/nm
23
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
examination procedure referred to
in Article 119(2).
”
Article 1, first paragraph, point (4), introductory part
COM proposal accepted by
(4) Article 7 is amended as
(4) Article 7 is amended as
Council and EP
163
follows:
follows:
Article 1, first paragraph, xx
Flexibility to modify the heading
of Article 7 as follows:
(aa) the heading of Article 7 is
replaced by the following:
New
“Article 7
row
163a
Fishing authorisation
for Union
catching vessels”
Sequence 3
Article 1, first paragraph, xx
14237/21
LO/JK/IB/nm
24
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Flexibility to modify Article 7 as
follows:
(ab) in paragraph 1, “Union
New
fishing vessel” is replaced by
row
“Union catching vessel”
163b
Sequence 3
Article 1, first paragraph, point (4)(a), introductory part
COM proposal accepted by
(a) paragraph 2 is replaced by
(a) paragraph 2 is replaced by the
Council and EP
164
the following:
following:
Article 1, first paragraph, point (4)(a), amending provision(2)
GA accepted by EP and COM
"
"
2. Where a Member State has
2. Where a Member State has a
Sequence 3
a specific national fishing
specific national fishing
authorisation scheme for
authorisation scheme for
fishing
fishing vessels flying its flag,
vessels flying its flag, it shall send
165
it shall send to the
to the Commission at its request a
Commission at its request a
summary of the information
summary of the information
contained in the
fishing
contained in the authorisation
authorisation issued and the
issued and the related
related aggregated
figuresdata on
aggregated figures on fishing
fishing effort.
14237/21
LO/JK/IB/nm
25
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
effort.
"
"
Article 1, first paragraph, point (4)(b), introductory part
GA accepted by EP and COM
(b) paragraph 5 is replaced by
(b)
paragraph 5 isparagraphs 4
166
the following:
and 5 are replaced by the
following:
Sequence 3
Article 1, first paragraph, point (4)(b), amending provision(4)
GA accepted by EP and COM
"
4. A fishing authorisation shall
Sequence 3
not be issued for a catching
vessel if the vessel concerned
does not have a fishing licence
obtained in accordance with
Article 6 or if its fishing licence
has been suspended or
166a
withdrawn. A fishing
authorisation for a catching
vessel shall be automatically
withdrawn where the fishing
licence corresponding to that
vessel has been withdrawn
permanently. It shall be
suspended where the fishing
licence has been suspended
temporarily.
14237/21
LO/JK/IB/nm
26
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (4)(b), amending provision(5)
GA accepted by EP and COM
"
5. The Commission may, by
"
5. The Commission may, by
means of implementing acts, lay
means of implementing acts,
down
detailed rules on the validity Sequence 3
lay down rules on the validity
of fishing authorisations issued by
of fishing authorisations
the flag Member State
as well
issued by the flag Member
asand on the minimum
167
State as well as the minimum
information
to be contained
information contained therein.
therein. Those implementing acts
Those implementing acts shall
shall be adopted in accordance
be adopted in accordance with
with the examination procedure
the examination procedure
referred to in Article 119(2).
referred to in Article 119(2).
"
"
Article 1, first paragraph, point (4)(c), introductory part
GA accepted by EP and COM
(c) paragraph 6 is inserted:
(c) paragraph 6 is
insertedadded:
168
Sequence 3
Article 1, first paragraph, point (4)(c), amending provision(6)
Defend principle that Member
"
"
States may exclude certain
169
6. The Commission is
6.
The Commission is empowered vessels through the adoption of
empowered to adopt delegated
to adopt delegated acts in
national rules rather than
acts in accordance with Article
accordance with Article 119a
through a delegated act of the
14237/21
LO/JK/IB/nm
27
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
119a providing for derogations
providing for derogations from the Commission, but flexibility to
from the obligation to obtain
obligation to obtainMember
agree to a text along the
fishing authorisations for
States may exclude Union fishing following lines to address
Union fishing vessels below
vessels of less than 10 metres'
potential issues with
10 metres’ length overall.
length overall flying their flag
international obligations, an
"
which carry out fishing
equal playing field for vessels
authorisations for Union fishing
fishing in the same waters, and
vessels below 10 metres’ length
awareness of existing rules.
overallactivities exclusively in
their territorial waters from the
obligation to have a fishing
Without prejudice to the Union’s
authorisation.
international obligations, a
" Member State may exclude
Union fishing vessels of less
than 10 metres’ length overall
from the obligation to have a
fishing authorisation if they
carry out fishing activities
exclusively in one or both of the
following areas:
(1) in its territorial waters;
(2) in the territorial waters of
another Member State which has
excluded vessels flying its flag
and carrying out fishing
activities in the same fishery
from the obligation referred to in
this sub-paragraph.
The Member State that decides
to apply the exception referred
to in the first subparagraph shall
14237/21
LO/JK/IB/nm
28
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
inform thereof the Commission
and other Member States
concerned within 10 working
days from its decision.
Flexibility to explore whether
paragraph 6 should refer to
“Union catching vessel” rather
than “Union fishing vessel”
(linked to next row (new row
169a)
Sequence 3
Article 1, first paragraph, point (4)(c), amending provision(6)
Flexibility to insert a new Article
along the following lines and to
explore, with the assistance of
the Legal Service, alternative
solutions to address the issue of
New
authorizations for vessels that
row
are not catching vessels:
169a
The following Article 7a is
inserted:
“Article 7a
14237/21
LO/JK/IB/nm
29
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Fishing authorisation for
Union fishing vessels other
than Union catching vessels
1.
Union fishing vessels
other than Union catching
vessels may carry out fishing
activities only if they have been
authorised by their flag Member
State.
2.
The Commission may, by
means of implementing acts, lay
down detailed rules on validity
of fishing authorisations for
Union fishing vessels referred to
in paragraph 1 and on the
minimum information to be
contained therein. Those
implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 119(2).”
Sequence 3
Article 1, first paragraph, point (5), introductory part
COM proposal accepted by
170
(5) Article 8 is amended as
(5) Article 8 is amended as
Council and EP
14237/21
LO/JK/IB/nm
30
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
follows:
follows:
Sequence 3
Article 1, first paragraph, point (5)(a), introductory part
COM proposal accepted by
(a) the heading of Article 8 is
(a) the heading of Article 8 is
Council and EP
replaced by the following:
replaced by the following:
171
Sequence 3
Article 1, first paragraph, point (5)(a), amending provision, first paragraph
COM proposal accepted by
"
"
Council and EP
Article 8
Article 8
172
"
Sequence 3
Article 1, first paragraph, point (5)(a), amending provision, second paragraph
Defend GA
Marking and identification of
Marking and identification of
Union fishing vessels and
Union
fishingcatching vessels and
173
Sequence 3
gears
gearsfishing gear
"
"
Article 1, first paragraph, point (5)(a1), introductory part
14237/21
LO/JK/IB/nm
31
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Defend GA
(a1) in paragraph 1, 'fishing
173a
vessel' is replaced by 'Union
Sequence 3
catching vessel';
14237/21
LO/JK/IB/nm
32
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (5)(b), introductory part
(b) paragraph 2 is replaced by
(b) paragraph 2 is replaced by the
COM proposal accepted by
the following:
following:
Council and EP
174
Sequence 3
Article 1, first paragraph, point (5)(b), amending provision(2), first
subparagraph, introductory part
GA accepted by EP and COM
“
“
2. The Commission may, by
2. The Commission may, by
175
Sequence 3
means of implementing acts,
means of implementing acts, lay
lay down rules on:
down
detailed rules on:
Article 1, first paragraph, point (5)(b), amending provision(2), first
subparagraph, point (a)
Defend GA
(a) marking and identification
(a) marking and identification of
176
of vessels
catching vessels
;
Sequence 3
Article 1, first paragraph, point (5)(b), amending provision(2), first
subparagraph, point (b)
COM proposal accepted by
(b) vessel identification
(b) vessel identification
Council and EP
177
documents to be carried on
documents to be carried on board;
board;
Sequence 3
14237/21
LO/JK/IB/nm
33
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (5)(b), amending provision(2), first
subparagraph, point (c)
COM proposal accepted by
(c) marking and identification
(c) marking and identification of
Council and EP
178
of crafts and fishing
crafts and fishing aggregating
aggregating devices;
devices;
Sequence 3
Article 1, first paragraph, point (5)(b), amending provision(2), first
subparagraph, point (d)
GA accepted by EP and COM
(d) marking and identification
(d) marking and identification of
179
of fishing gears;
fishing
gearsgear;
Sequence 3
Article 1, first paragraph, point (5)(b), amending provision(2), first
subparagraph, point (e)
GA accepted by EP and COM
(e) labels for the marking of
(e) labels for the marking of
180
gears;
gearsfishing gear;
Sequence 3
Article 1, first paragraph, point (5)(b), amending provision(2), first
subparagraph, point (f)
181
(f) marking of buoys and
(f) marking of buoys and setting
COM proposal accepted by
setting of cords.
of cords.
Council and EP
14237/21
LO/JK/IB/nm
34
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (5)(b), amending provision(2), first
subparagraph, point (fa)
Flexibility to agree to the
“
following text for a paragraph
(fa) procedures for the
and recital and to further
notification of the end of use
explore the need to add a
fishing gears in line with
corresponding obligation which
Directives (EU) 2019/8831 and
this empowerment implements, if
(EU) 2019/9042 of the European
needed.
Parliament and of the Council.
"
(fa) procedures for the
_________
notification and return to port of
1.
Directive (EU) 2019/883 of the
the end of use fishing gears.
European Parliament and of the Council
of 17 April 2019 on port reception
facilities for the delivery of waste from
Recital:
181a
ships, amending Directive 2010/65/EU
and repealing Directive 2000/59/EC (OJ
(X) Abandoned, lost or
L 151, 7.6.2019, p. 116).
otherwise discarded fishing
2.
Directive (EU) 2019/904 of the
gears (ALDFGs), including
European Parliament and of the Council
of 5 June 2019 on the reduction of the
those made of plastic, constitute
impact of certain plastic products on the
one of the most harmful form of
environment (OJ L 155, 12.6.2019, p. 1).
marine debris, as well as plastic
waste at sea. In order to reduce
EP AM 56, EX ENVI 25
the long-term and significant
impact of ALDFGs on marine
life and ecosystems, it is
essential to ensure that fishing
gears, at their end of life cycle,
are returned to shore for
14237/21
LO/JK/IB/nm
35
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
treatment in the port reception
facilities established under the
provisions of Directive (EU)
2019/883. This will also allow
Member States to report to the
Commission on waste fishing
gear, including end of life
fishing gear they collected each
year under Directive (EU)
2019/904.
For that purpose, the
Commission should be
empowered to adopt procedures
ensuring that masters of Union
fishing vessels notify to the
competent authorities and return
their end of life fishing gears to
port reception facilities or other
equivalent collection systems.
Sequence 3
14237/21
LO/JK/IB/nm
36
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (5)(b), amending provision(2), second
subparagraph
Those implementing acts shall
Those implementing acts shall be
COM proposal accepted by
be adopted in accordance with
adopted in accordance with the
Council and EP
182
the examination procedure
examination procedure referred to
referred to in Article 119(2).
in Article 119(2).
"
" Sequence 3
Article 1, first paragraph, point (11), amending provision, numbered
paragraph (1a)
Defend GA object EP proposed
“
amendments, in particular as
1a. Masters of Union fishing
regards logbooks for fishing
vessels of less than 12 metres’
without a fishing vessel.
length overall, as well as natural
persons engaging in fishing
Sequence 4 Sequence 7
223a
without vessels, shall keep an
electronic logbook in a simplified
format. Electronic Logbook
EP AM 73, EX CA 5A
Article 1, first paragraph, point (27), amending provision(1)
Defend GA
1. Each flag Member State
1. Each flag Member State
or, in
423
shall record all data related to
the case of fisheries without a
Sequence 4
catches and fishing effort
fishing vessel as referred to in
14237/21
LO/JK/IB/nm
37
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
referred to in this Regulation,
Article 54d, each coastal Member
in particular data referred to in
State, shall record all data related
Articles 14, 21, 23, 55, 59a,
to catches and fishing effort
62, 66 and 68, and shall keep
referred to in this Regulation, in
the originals of those data for a
particular data referred to in
period of at least three years in
Articles 14, 21, 23,
55, 59a54d,
accordance with national rules.
62, 66 and 68, and shall keep the
originals of those data for a period
of at least three years in
accordance with national rules.
Article 1, first paragraph, point (27), amending provision(2), introductory part
Defend GA
2. Before the 15th of each
2. Before the 15th of each month,
month, each flag Member
each flag Member State
or, in the
State shall submit
case of fisheries without a fishing Sequence 4
electronically to the
vessel as referred to in Article
Commission or the body
54d, each coastal Member State
424
designated by it, the
shall submit
electronicallyby
aggregated data:
electronic means to the
Commission or the body
designated by it, the aggregated
data
on:
Article 1, first paragraph, point (27), amending provision(2)(c)
Defend GA
(c) the quantities of each species,
426a
if applicable by stock or group of
stocks, caught in the case of
Sequence 4
fisheries without a fishing vessel
14237/21
LO/JK/IB/nm
38
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
as referred to in Article 54d, and
the quantities of each species
discarded, in live-weight
equivalent, during the preceding
month, including, as separate
entry, those below the applicable
minimum conservation reference
size.
Article 1, first paragraph, point (39), introductory part
(39) Article 43 is amended as
(39) Article 43 is amended as
489
follows:
follows:
Sequence 6
14237/21
LO/JK/IB/nm
39
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (39)(a), introductory part
(a) paragraph 1 is replaced by
(a)
paragraph 1 isparagraphs 1
490
the following:
and 2 are replaced by the
Sequence 6
following:
Article 1, first paragraph, point (39)(a), amending provision(1)
Flexibility to replace “place
"
"
close to the shore” with
1. A multiannual plan may set
1.
In a multiannual plan
may set a
“landing site” as in EMFAF
a threshold applicable to the
threshold
may be set applicable to
and, in the section of definition,
live weight of species subject
the live weight of species subject
to possibly add an explicit
to that plan, above which a
to that plan, above which a
Union definition as in EMFAF or refer
491
fishing vessel shall be required
fishing vessel shall be required to
to definition in the EMFAF
to land its catches in a
land
its catches in a designated
Regulation.
designated port or place close
port or place close to the shore.
to the shore.
Sequence 6
"
Article 1, first paragraph, point (39)(a), amending provision(2)
Defend GA, but flexibility to
2. Where quantities exceeding
replace
“place close to the
the threshold referred to in
shore” with “landing site” as in
paragraph 1 are retained on
EMFAF.
491a
board, the master of a Union
fishing vessel shall ensure that
the landing of catches is carried
Sequence 6
out in a designated port or place
close to the shore in the Union.
14237/21
LO/JK/IB/nm
40
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (39)(b)
492
(b) paragraph 7 is deleted.
(b) paragraph 7 is deleted.
Article 1, first paragraph, point (39a), introductory part
COM proposal accepted by
(39a) Article 44 is replaced by
(39a) Article 44 is replaced as
Council and EP
492a
the following:
follows:
EP AM 142, EX CA 13
Sequence 6
Article 1, first paragraph, point (39a), amending provision, first paragraph
COM proposal accepted by
"
"
Council and EP
492b
Article 44
Article 44
Sequence 6
EP AM 142, EX CA 13
Article 1, first paragraph, point (39a), amending provision, second paragraph
COM proposal accepted by
Separate stowage of demersal
Separate stowage of demersal
Council and EP
catches subject to multiannual
catches subject to multiannual
492c
plans
plans
Sequence 6
EP AM 142, EX CA 13
14237/21
LO/JK/IB/nm
41
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (39a), amending provision(1)
Defend GA
1. All catches of target demersal
1. Catches of demersal stocks
stocks subject to a recovery plan,
subject to a multiannual plan
Sequence 6
specific control and inspection
which are retained on board a
programs adopted pursuant to
Union catching vessel of 12
Article 95 including provisions
metres’ length overall or more
on separate stowage, or specific
and which are not below the
control measures as defined in
minimum conservation reference
multiannual plans, retained on
size shall be placed in boxes,
492d
board a Union fishing vessel of
compartments or containers
12 metres’ length overall or more separately for each of such stocks
shall be placed in boxes,
in such a way that they are
compartments or containers
identifiable from other boxes,
separately for each of such stocks compartments or containers. in such a way that they are
identifiable from other boxes,
compartments or containers. EP AM 142, EX CA 13
Article 1, first paragraph, point (39a), amending provision(2)
Defend GA
2. Masters of Union fishing
2. Masters of Union catching
vessels shall keep the catches of
vessels shall keep the catches
demersal stocks referred to in
referred to in paragraph 1
492e
paragraph 1 according to a
according to a stowage plan that
Sequence 6
stowage plan describing the
describes the location of the
location of the different species
different species in the holds.
in the holds.
14237/21
LO/JK/IB/nm
42
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
EP AM 142, EX CA 13
Article 1, first paragraph, point (39a), amending provision(3)
Defend GA
3. It shall be prohibited to retain 3. It shall be prohibited to retain
on board a Union fishing vessel
on board a Union catching vessel Sequence 6
in any box, compartment or
in any box, compartment or
container any quantity of catches container any quantity of catches
492f
of demersal stocks referred to in
referred to in paragraph 1 mixed
paragraph 1 mixed with any
with any other fishery products.
other fisheries product.
"
EP AM 142, EX CA 13
Article 1, first paragraph, point (39a), amending provision(4)
Defend GA
4. The Commission is
empowered to adopt delegated
acts in accordance with Article
Sequence 6
119a concerning the exemption
492g
of certain demersal stocks from
the obligation set out in this
Article.
"
Article 1, first paragraph, point (42a)
499a
(42a) In Article 49, paragraph 1, Defend GA
'fishing vessel' is replaced by
14237/21
LO/JK/IB/nm
43
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
'catching vessel'.
Sequence 6
Support to following text:
(x) In Article 49, paragraph 2
is replaced by the following:
“2. Without prejudice to
Article 44, the Commission
may, by means of
implementing acts, lay down
New
detailed rules on the keeping
row
on board of a stowage plan,
499aa
by species, of processed
products, indicating where
they are located in the hold.
Those implementing acts
shall be adopted in
accordance with the
examination procedure
referred to in Article 119(2).”
Sequence 6
Article 1, first paragraph, point (42b)
14237/21
LO/JK/IB/nm
44
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Defend GA
(42b) In Article 49a, paragraphs
499b
1 and 2(b), 'fishing vessel' is
replaced by 'catching vessel'.
Sequence 6
Article 1, first paragraph, point (43a), introductory part
Defend GA
(43a) the following Chapter is
508b
inserted after Article 54:
Sequence 4
Article 1, first paragraph, point (43a), amending provision, first paragraph
Defend GA
"
508c
CHAPTER IVa
Sequence 4
Article 1, first paragraph, point (43a), amending provision, second paragraph
Defend GA
Control of fisheries without a
508d
fishing vessel
Sequence 4
14237/21
LO/JK/IB/nm
45
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (43a), amending provision, third paragraph
Defend GA
Article 54d
508e
Sequence 4
Article 1, first paragraph, point (43a), amending provision, fourth paragraph
Defend GA as regards
Fisheries without a fishing
terminology “fisheries without a
vessel1
fishing vessel”, but, linked to
_________
this row, Presidency asks for
1.
A recital will explain the scope of the
flexibility concerning the
new Article on "fishing without a
introduction of an explicit
vessel", in particular, its geographical
508f
scope and that it only relates to
definition (see row 153g)
commercial fisheries. It should be
stressed that the Article only covers the
exploitation of 'marine biological
Sequence 4
resources', a term defined under Article
4(1)(2) of Regulation (EU) No
1380/2013.
Article 1, first paragraph, point (43a), amending provision(1)
Defend GA
1. Member States shall ensure
that fisheries without a fishing
vessel exploiting marine
Sequence 4
508g
biological resources on their
territory and in Union waters1 are
conducted in a manner
compatible with the objectives
and rules of the common
14237/21
LO/JK/IB/nm
46
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
fisheries policy. _________
1.
A recital will mention examples of
fisheries without a vessel, such as on
shore fisheries and ice-fishing activities.
Article 1, first paragraph, point (43a), amending provision(2)
Defend GA
2. For the purpose referred to in
508h
paragraph 1, Member States
shall:
Sequence 4
Article 1, first paragraph, point (43a), amending provision(2)(a)
Presidency asks for flexibility to
(a) put in place a licensing or
use the term “registration
other alternative system for
system” instead of “other
natural and legal persons
alternative system”.
508i
conducting such activities; and
Sequence 4
Article 1, first paragraph, point (43a), amending provision(2)(b)
Defend GA
(b) ensure that the quantities of
species, stocks or group of stocks
Sequence 4
508j
caught are recorded and
submitted by electronic means to
the competent authorities.
14237/21
LO/JK/IB/nm
47
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (43a), amending provision(3)
Defend GA
3. This Article shall apply from
508k
… [24 months after the date of
Sequence 4
application of this Regulation].
Article 1, first paragraph, point (43a), amending provision(4)
Flexibility to set out details on
4. The Commission may, by
the content of the “record” in
means of implementing acts, lay
the Control Regulation itself.
down detailed rules on the
format, content and submission
Sequence 4
of the record of the quantities
508l
caught as referred to in point (b)
of paragraph 2. Those
implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 119(2).
Article 1, first paragraph, point (43a), amending provision(5)
Defend GA
5. This Article shall not apply to
508m
recreational fisheries.
Sequence 4
"
14237/21
LO/JK/IB/nm
48
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (44a), introductory part
Defend GA
(44a) In Title IV, the following
527a
chapter is added:
Sequence 4
EP AM 161, EX 675 (EPP)
Article 1, first paragraph, point (44a), amending provision, Chapter Va
Defend GA, oppose EP
"
amendment
CHAPTER Va
527b
Control of fishing without vessels
Sequence 4
EP AM 161, EX 675 (EPP)
Article 1, first paragraph, point (44a), amending provision, Article 55a
Defend GA, oppose EP
Article 55a
amendment
527c
Fishing without vessels
EP AM 161, EX 675 (EPP)
Sequence 4
Article 1, first paragraph, point (44a), amending provision, Article 55a(1)
Defend GA
1. Member States shall ensure
that fishing without vessels on
527d
Sequence 4
their territory is conducted in a
manner compatible with the
objectives and rules of the
14237/21
LO/JK/IB/nm
49
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
common fisheries policy. EP AM 161, EX 675 (EPP)
Article 1, first paragraph, point (44a), amending provision, Article 55a(2)
Presidency asks for flexibility to
2. To that end, Member States
use the term “registration
shall put in place a registration
system” instead of “other
or licensing system monitoring
alternative system”. See also
the number of natural and legal
row 508i.
527e
persons engaged in fishing
without vessels.
"
Sequence 4
EP AM 161, EX 675 (EPP)
Article 1, first paragraph, point (46), amending provision(5)(b)
Defend GA
(b) the unique fishing trip
(b)
in the case of products not
identification number(s)
imported into the Union, the
Sequence 4
referred to in Article 14(2)(a)
unique fishing trip identification
of all fishery products
number(s)
or the unique
included in the lot, or the
identifier(s) in the system referred
565
name and registration number
to in
point (a) of Article
14(2)(a)
of the aquaculture production
of54d(2) for all fishery products
unit;
included in the lot, or the name
and
, where available, the registration number of the
aquaculture production unit;
14237/21
LO/JK/IB/nm
50
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (54), amending provision(2), introductory part
Defend GA
2. By way of derogation from
paragraph 1, in the case of
663b
fisheries referred to in Article
Sequence 4 Sequence 8
54d, the sales note shall contain
the following data:
Article 1, first paragraph, point (54), amending provision(2)(a)
(a) the unique identifier in the
Defend GA
663c
system referred to in point (a) of
Article 54d(2);
Sequence 4 Sequence 8
Article 1, first paragraph, point (54), amending provision(2)(b)
(b) the information referred to in Defend GA
points (c), (d), (e), (f), (g), (i), (j),
663d
(l) and (m) of paragraph 1 of this Sequence 4 Sequence 8
Article.
Article 1, first paragraph, point (54), amending provision(5)
Defend GA
5. By way of derogation from
paragraph 3, in the case of
681b
fisheries referred to in Article
Sequence 4 Sequence 8
54d, the take-over declaration
shall contain at least the
following information:
14237/21
LO/JK/IB/nm
51
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (54), amending provision(5)(a)
(a) the unique identifier in the
Defend GA
681c
system referred to in point (a) of
Article 54d(2);
Sequence 4 Sequence 8
Article 1, first paragraph, point (54), amending provision(5)(b)
Defend GA
(b) the information referred to in
681d
points (d), (e), (h), (i) and (j) of
paragraph 1 of this Article.
Sequence 4 Sequence 8
Article 1, first paragraph, point (54), amending provision(5a)
Defend GA
5a. In the case of fisheries
referred to in Article 54d, this
681e
Article shall apply from [24
Sequence 4 Sequence 8
months after the date of
application of this Regulation].
Article 1, first paragraph, point (56), amending provision, numbered
paragraph (4b), introductory part
4b. By way of derogation from
Defend GA
698b
paragraph 4, in the case of
fisheries referred to in Article
Sequence 8 Sequence 4
54d, the transport document shall
14237/21
LO/JK/IB/nm
52
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
contain at least the following
information:
Article 1, first paragraph, point (56), amending provision, numbered
paragraph (4b)(a)
Defend GA
(a) the unique identifier in the
698c
system referred to in point (a) of
Article 54d(2);
Sequence 8 Sequence 4
Article 1, first paragraph, point (56), amending provision, numbered
paragraph (4b)(b)
Defend GA
(b) the information referred to in
698d
points (a), (c), (d), (g), (h) and (i)
of paragraph 1 of this Article.
Sequence 8 Sequence 4
Article 1, first paragraph, point (56), amending provision(7a)
Defend GA
7a. In the case of fisheries
referred to in Article 54d, this
700c
Article shall apply from … [24
Sequence 8 Sequence 4
months after the date of
application of this Regulation].
14237/21
LO/JK/IB/nm
53
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (57a)
Defend GA
(57a) in Article 71(1), point (a) is
replaced by the following:
"(a) sightings of fishing vessels
Sequence 6
701a
by inspection vessels,
surveillance aircrafts or other
surveillance means;" EP AM 208, EX AM 804
Article 1, first paragraph, point (57b)
Defend GA
(57b) in Article 71, paragraph 3
is replaced by the following:
"3. If the sighting or detection
Sequence 6
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
701b
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
14237/21
LO/JK/IB/nm
54
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
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. EP AM 209, EX AM 805
(Greens/EFA)
Article 1, first paragraph, point (58), introductory part
Defend GA
(58) in Article 71, paragraph 5
(58) in Article 71, paragraph 5 is
702
is replaced by the following:
replaced by the following:
Sequence 6
Article 1, first paragraph, point (58), amending provision(5)
Defend GA
"
"
5. The Commission may, by
5. The Commission may, by
means of implementing acts,
means of implementing acts, lay
Sequence 6
lay down rules on the format
down rules on the format of the
of the surveillance report.
surveillance report. Those
703
Those implementing acts shall
implementing acts shall be
be adopted in accordance with
adopted in accordance with the
the examination procedure
examination procedure referred to
referred to in Article 119(2).
in Article 119(2).
"
"
14237/21
LO/JK/IB/nm
55
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (59), introductory part
Defend GA
(59) Article 73 is amended as
(59) Article 73 is amended as
704
follows:
follows:
Sequence 6
Article 1, first paragraph, point (59)(a), introductory part
Defend GA
(a) paragraph 1 and 2 are
(a) paragraph 1 and 2 are replaced
705
replaced by the following:
by the following:
Sequence 6
Article 1, first paragraph, point (59)(a), amending provision(1)
Defend GA
"
"
"
1. Where a Union control
1. Where a Union control
1. Where a Union control
observer scheme has been
observer scheme has been
observer scheme has been
Sequence 6
established in accordance with established in accordance with the established in accordance with the
the Treaty, control observers
Treaty, control observers on board Treaty, control observers on board
on board fishing vessels
fishing vessels designated by
fishing vessels designated by
designated by Member States
Member States shall monitor the
Member States shall monitor
the
706
shall monitor the fishing
fishing vessel's compliance with
fishing vessel's compliance with
vessel's compliance with the
the rules of the common fisheries
the rules of the common fisheries
rules of the common fisheries
policy
, with the rules applicable
policy
relating to the fishing
policy. They shall fulfill all the
in the waters of the third country vessel. They shall fulfill all the
tasks of the observer scheme
or in the high seas where the
tasks of the observer scheme and
and in particular record the
vessel is operating, including
in particular record the vessel's
vessel's fishing activities and
obligations related to technical
fishing activities and examine
examine relevant documents.
measures and the protection of
relevant documents.
the marine environment. They
14237/21
LO/JK/IB/nm
56
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
shall fulfill all the tasks of the
observer scheme and in particular
record the vessel's fishing
activities and examine relevant
documents.
EP AM 210, EX AMs 807 (S&D)
and 808 (The Left)
Article 1, first paragraph, point (59)(a), amending provision(2), introductory
part
Defend GA
2. Control observers shall
2. Control observers shall
707
Sequence 6
Article 1, first paragraph, point (59)(a), amending provision(2)(a)
Defend GA
(a) be certified and trained for (a) be certified and trained
, in
(a) be
certifiedqualified and
their tasks by Member State;
compliance with the rules of the
trained for their tasks by Member
common fisheries policy and the
StateStates;
Sequence 6
technical measures for the
708
conservation of fishery resources
and the protection of marine
ecosystems, to carry out for their
tasks by
the Member
StateStates;
EP AM 211, EX AM 809 (Renew)
Article 1, first paragraph, point (59)(a), amending provision(2)(aa)
14237/21
LO/JK/IB/nm
57
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
(aa) receive regular training
Defend GA
which enables them to adapt to
changes in Union rules;
Sequence 6
708a
"
EP AM 212, EX AM 810 (The
Left)
Article 1, first paragraph, point (59)(a), amending provision(2)(b)
(b) be independent of the
(b) be independent of the owner,
Defend GA
owner, licence holder, the
licence holder, the master of the
709
master of the fishing vessel
fishing vessel and any crew
Sequence 6
and any crew member;
member;
Article 1, first paragraph, point (59)(a), amending provision(2)(c)
Defend GA
(c) have no economic link
(c) have no economic link with
710
with the operator;
the operator;
Sequence 6
Article 1, first paragraph, point (59)(a), amending provision(2)(d)
Defend GA
(d) accomplish their tasks in a
(d) accomplish their tasks in a
711
non-discriminatory manner;
non-discriminatory manner;
Sequence 6
Article 1, first paragraph, point (59)(a), amending provision(2)(e)
14237/21
LO/JK/IB/nm
58
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Defend GA
(e) be equipped with a two
(e) be equipped with a two way
way communication device
communication device
712
independent from the vessel at
independent from the vessel at
Sequence 6
sea.
sea.
"
"
Article 1, first paragraph, point (59)(b), introductory part
Defend GA
(b) paragraph 4 is replaced by
(b) paragraph 4 is replaced by the
713
the following:
following:
Sequence 6
Article 1, first paragraph, point (59)(b), amending provision(4)
Defend GA
"
"
4. In the event control
Infringements
4. In the event control observers
observers notice a serious
notice a serious infringement,
Sequence 6
infringement, including the act
including the act of obstructing or
of obstructing or otherwise
otherwise preventing the
preventing the performance by
performance by control observers
714
control observers of their their
of their their duties, they shall
duties, they shall inform
inform without delay the
without delay the competent
competent authorities of the flag
authorities of the flag Member
Member State.
State.
"
"
Article 1, first paragraph, point (59)(ba)
14237/21
LO/JK/IB/nm
59
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
(ba) paragraph 5 is replaced by
Defend GA
the following:
"5. Control observers shall draw
Sequence 6
up an observer report
electronically and forward it
without delay, using if deemed
necessary electronic means of
transmission on board the fishing
714a
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." EP AM 213, EX AM 811
(Greens/EFA)
Article 1, first paragraph, point (59)(bb)
(bb) paragraph 6 is replaced by
Defend GA
the following:
"6. In the event that the observer
Sequence 6
report indicates that the vessel
714b
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
14237/21
LO/JK/IB/nm
60
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
operating, the competent
authorities referred to in
paragraph 4 shall take all
appropriate action to investigate
the matter. " EP AM 214, EX AM 812 (S&D)
14237/21
LO/JK/IB/nm
61
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (59)(bc)
Defend GA
(bc) paragraph 7 is replaced by
the following:
"7. Masters of Union fishing
Sequence 6
vessels shall provide adequate
accommodation for assigned
control observers, facilitate their
work and avoid interference with
the discharge of their duties.
714c
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."; EP AM 215, EX ENVI 75
Article 1, first paragraph, point (59)(bd)
(bd) paragraph 8 is replaced by
Defend GA
the following:
"8. All costs arising from the
Sequence 6
operation of control observers
714d
under this Article shall be borne
by the flag Member States." EP AM 216, EX AM 813
(Greens/EFA)
14237/21
LO/JK/IB/nm
62
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (59)(c), introductory part
(c) paragraph 9 is replaced by
(c) paragraph 9 is replaced by the
Defend GA
715
the following:
following:
Sequence 6
Article 1, first paragraph, point (59)(c), amending provision(9), introductory
part
"
"
Defend GA
9. The Commission is
9. The Commission
is empowered
empowered to adopt delegated
to adopt delegated acts in
Sequence 6
716
acts in accordance with Article
accordance with Article 119a
119a concerning:
concerningmay, by means of
implementing acts, lay down
detailed rules on:
Article 1, first paragraph, point (59)(c), amending provision(9)(a)
Defend GA
(a) the identification of
(a) the identification of vessels
717
vessels for the application of a
for the application of a control
control observer scheme;
observer scheme;
Sequence 6
Article 1, first paragraph, point (59)(c), amending provision(9)(b)
Defend GA
(b) format and content of
"
(b) format and content of
control
718
observers reports;
(b) format
– which shall be the
observers reports;
same throughout the Union – and
Sequence 6
content of observers reports;
14237/21
LO/JK/IB/nm
63
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
EP AM 217, EX AM 816
(Greens/EFA)
Article 1, first paragraph, point (59)(c), amending provision(9)(c)
Defend GA
(c) the communication system
(c) the communication system
719
for control observers;
for control observers;
Sequence 6
Article 1, first paragraph, point (59)(c), amending provision(9)(d)
Defend GA
(d) rules pertaining to the
(d) rules pertaining to the security
720
security of control observers
of control observers on vessels;
on vessels;
Sequence 6
Article 1, first paragraph, point (59)(c), amending provision(9)(e)
Defend GA
(e) measures to ensure
(e) measures to ensure
independence of control
independence of control observers
721
observers including modalities
including modalities of
their
Sequence 6
of their remuneration;
remuneration;
Article 1, first paragraph, point (59)(c), amending provision(9)(f)
(f) the duties of control
(f) the duties of control observers
Defend GA
722
observers including in the
including in the event of a
event of a suspicion of serious
suspicion of serious
Sequence 6
infringement.
infringement
.;
14237/21
LO/JK/IB/nm
64
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
"
Article 1, first paragraph, point (59)(c), amending provision(9)(g)
Defend GA
(g) minimum standards relating
722a
to the qualification and training
of control observers.
Sequence 6
Article 1, first paragraph, point (59)(c), amending provision(9)(fa)
(fa) minimum Union training
Defend GA
requirements for Union control
722b
observers.
Sequence 6
"
EP AM 218, EX ENVI 76
Article 1, first paragraph, point (59)(c), amending provision, second
paragraph
Defend GA
Those implementing acts shall
be adopted in accordance with
722c
the examination procedure
Sequence 6
referred to in Article 119(2).
"
Article 1, first paragraph, point (60), amending provision, third paragraph
726
14237/21
LO/JK/IB/nm
65
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 74
Article 74
Defend GA
Sequence 6
Article 1, first paragraph, point (60), amending provision, fourth paragraph
Defend GA
Conduct of inspections
Conduct of inspections
727
Sequence 6
Article 1, first paragraph, point (60), amending provision(1)
Defend GA
1. Member States shall set up
1. Member States shall set up and
and keep up to date a list of
keep up to date a list of officials
728
officials responsible for
responsible for carrying out
Sequence 6
carrying out inspections.
inspections.
Article 1, first paragraph, point (60), amending provision(2)
Defend GA
2. Officials shall carry out
"
2. Officials shall carry out their
their duties in accordance with 2. Officials shall carry out their
duties in accordance with Union
Union law. They shall prepare duties in accordance with Union
law. They shall prepare and
Sequence 6
and conduct inspections in a
law. They shall prepare and
conduct inspections in a non-
729
non-discriminatory manner at
conduct inspections in a non-
discriminatory manner at sea, in
sea, in ports, during transport,
discriminatory manner at sea,
ports, during transport, on
on processing premises and
along the shoreline, in ports,
processing premises and along the
along the supply chain of the
during transport, on processing
supply chain of the fisheries
fisheries products.
premises and along the supply
products.
chain of the fisheries products.
14237/21
LO/JK/IB/nm
66
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
EP AM 219, EX AM 817 (S&D)
14237/21
LO/JK/IB/nm
67
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (60), amending provision(3), introductory part
Defend GA
3. Officials shall verify
3. Officials shall verify
compliance of the activities
compliance of the activities
carried out by the operators
carried out by the operators and
730
Sequence 6
and the masters with the rules
the masters with the rules of the
of the common fisheries
common fisheries policy, and in
policy, and in particular:
particular:
Article 1, first paragraph, point (60), amending provision(3)(a)
(a) the legality of the fisheries
(a) the legality of the fisheries
Defend GA
products kept on board, stored,
products kept on board, stored,
transported, transhipped,
transported, transhipped,
Sequence 6
transferred, landed, processed
transferred, landed, processed or
731
or marketed and the accuracy
marketed and the accuracy of the
of the documentation or
documentation or electronic
electronic transmissions
transmissions relating to them;
relating to them;
Article 1, first paragraph, point (60), amending provision(3)(b)
(b) the legality of fishing
(b) the legality of fishing gears
(b) the legality of fishing
Defend GA
gears used for the targeted
used for the targeted
and by-catch gearsgear used for the targeted
species and for the catches
species
and, for the catches kept
species and for the catches kept on Sequence 6
732
kept on board and the
on board and the equipment used
board
, and the
equipment
equipment used for the
for the retrieval of the fishing
usedcompliance with other
retrieval of the fishing gears as gears as referred to in Article 48;
technical measures for the
referred to in Article 48;
retrieval of the fishing gears as
EP AM 220, EX AMs 820
referred to in Article
14237/21
LO/JK/IB/nm
68
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
(Greens/EFA) and ENVI 79
48conservation of fishery
resources and the protection of
marine ecosystems;
Article 1, first paragraph, point (60), amending provision(3)(b1)
Defend GA
(b1) the presence on board of
equipment for the retrieval of the
732a
fishing gear as referred to in
Sequence 6
Article 48;
Article 1, first paragraph, point (60), amending provision(3)(c)
Defend GA
(c) if appropriate, the stowage
(c) if
appropriateapplicable, the
733
plan and the separate stowage
stowage plan and the separate
of species;
stowage of species;
Sequence 6
Article 1, first paragraph, point (60), amending provision(3)(d)
Defend GA
(d) the markings of the
(d) the markings
and
(d) the markings of the vessels
vessels and gears;
identification of the vessels and
and
gearsgear;
734
gears;
Sequence 6
EP AM 221, EX AM 821 (S&D)
Article 1, first paragraph, point (60), amending provision(3)(e)
Defend GA
735
(e) the information on the
(e) the information on the engine
14237/21
LO/JK/IB/nm
69
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
engine referred to in Article
referred to in Article 40;
40;
Sequence 6
Article 1, first paragraph, point (60), amending provision(3)(f)
Defend GA
(f) the use of CCTVs and
(f) the use of CCTVs
, where
(f)
if applicable, the use
of
other electronic monitoring
applicable, and other electronic
CCTVs and other electronic
devices;
monitoring devices
such as Full
monitoring devices and
Sequence 6
Documentation of Fisheries
functioning of REM systems;
736
when it is admitted;
CCTV -EMS
EP AM 222, EX AM 825 (EPP)
Article 1, first paragraph, point (60), amending provision(3)(g)
Defend GA
(g) compliance with technical (g) compliance with
the
(g) compliance with technical
measures for the conservation
applicable technical measures for
measures for the conservation of
of fishery resources and the
the conservation of fishery
fishery resources and the
Sequence 6
737
protection of marine
resources and the protection of
protection of marine ecosystems.
ecosystems.
marine ecosystems.
EP AM 223, EX AMs 831 (EPP)
and 832 (Renew)
Article 1, first paragraph, point (60), amending provision(3)(h)
Defend GA
737a
(h) if applicable, the obligation
to have on board control
14237/21
LO/JK/IB/nm
70
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
observers.
Sequence 6
Article 1, first paragraph, point (60), amending provision(4)
Defend GA
4. Officials shall be able to
4. Officials shall be able to
4. Officials
shall be able tomay
examine all relevant areas,
examine all relevant areas, decks
examine all relevant areas, decks
decks and rooms. They shall
and rooms. They shall also be able and rooms. They
shall also be
Sequence 6
also be able to examine
to examine catches, processed or
able to may also examine catches,
catches, processed or not, nets not,
nets or other gearfishing
processed or not, nets or other
or other gear, equipment,
gear used and on board,
gear, equipment, containers and
containers and packages
equipment, containers and
packages containing fish or
containing fish or fisheries
packages containing fish or
fisheries products and any relevant
products and any relevant
fisheries products and any
documents or electronic
738
documents or electronic
relevant documents or electronic
transmissions which they deem
transmissions which they
transmissions which they deem
necessary to verify compliance
deem necessary to verify
necessary to verify compliance
with the rules of the common
compliance with the rules of
with the rules of the common
fisheries policy. They
shall also
the common fisheries policy.
fisheries policy. They shall also be
be able tomay question persons
They shall also be able to
able to question persons deemed
deemed to have information on the
question persons deemed to
to have information on the matter
matter that is the subject of the
have information on the matter that is the subject of the
inspection.
that is the subject of the
inspection.
inspection.
EP AM 224, EX AM 833 (S&D)
Article 1, first paragraph, point (60), amending provision, numbered
paragraph (4a)
Defend GA
738a
4a. Inspectors shall receive the
training necessary to perform the
14237/21
LO/JK/IB/nm
71
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
tasks assigned to them and shall
Sequence 6
be equipped with the tools
necessary to conduct the
inspections. EP AM 225, EX AM 835 (S&D)
Article 1, first paragraph, point (60), amending provision(5)
Defend GA
5. Officials shall conduct
5. Officials shall conduct
5. Officials shall conduct
inspections in such manner as
inspections in such manner as to
inspections in such manner as to
to cause the least disturbance
cause the least disturbance or
cause the least disturbance or
Sequence 6
or inconvenience to the vessel
inconvenience to the vessel or
inconvenience to the vessel or
or transport vehicle and its
transport vehicle and its activities, transport vehicle and its activities,
739
activities, and to the storing,
and to the storing, processing and
and to the storing, processing and
processing and marketing of
marketing of the catch
. They shall, marketing of the catch. They shall,
the catch. They shall, as far as
as far as possible,, in order to
as far as possible, prevent any
possible, prevent any
prevent any degradation of the
degradation of the catch during the
degradation of the catch
catch during the inspection.
inspection.
during the inspection.
EP AM 226, EX AM 836 (S&D)
Article 1, first paragraph, point (60), amending provision, numbered
paragraph (5a)
Defend GA
5a. Member States shall have
procedures in place to ensure that
739a
any complaint regarding the
Sequence 6
conduct of inspections is properly investigated.
14237/21
LO/JK/IB/nm
72
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (60), amending provision, numbered
paragraph (5b)
Defend GA
5b. Coastal Member States may,
subject to appropriate
arrangements with the flag
Sequence 6
Member State of a fishing vessel, invite officials of the competent
authorities of that Member State
739b
to participate in inspections of
fishing vessels of that Member
State, whilst those vessels are
operating in waters of the coastal
Member State or landing in its
ports.
Article 1, first paragraph, point (60), amending provision, numbered
paragraph (5c)
Defend GA
5c. Member States shall adopt a
risk-based approach for the
739c
selection of targets for inspection, Sequence 6
using all available information.
Article 1, first paragraph, point (60), amending provision(6), introductory part
6. The Commission is
6. The Commission
is empowered Defend GA
740
empowered to adopt delegated
to adopt delegated acts in
acts in accordance with Article
accordance with Article 119a in
Sequence 6
119a in order to set specific
order to setmay, by means of
14237/21
LO/JK/IB/nm
73
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
rules on the conduct of the
implementing acts, lay down
inspections. Those rules may
specific rules on the conduct of
concern:
the inspections. Those rules may
concern:
Article 1, first paragraph, point (60), amending provision(6)(a)
Defend GA
(a) the authorisation and
(a) the authorisation and
qualification of the officials
minimum standards for the
responsible to conduct
qualification of the officials
741
Sequence 6
inspection at sea or on land;
responsible to conduct
inspectioninspections at sea or on
land;
Article 1, first paragraph, point (60), amending provision(6)(b)
Defend GA
(b) the adoption by Member
(b) the adoption by Member
(b) the adoption by Member
States of a risk-based approach States of a risk-based approach for
States of a risk-based approach
for the selection of inspection
the selection of inspection targets
for the selection of inspection
Sequence 6
742
targets;
and minimum frequency of
targets;
inspections;
EP AM 227, EX ENVI 82
Article 1, first paragraph, point (60), amending provision(6)(c)
Defend GA
(c) the coordination of control
(c) the coordination of control
,
743
inspection and enforcement
inspection and enforcement
activities among Member
activities among Member States;
Sequence 6
14237/21
LO/JK/IB/nm
74
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
States;
Article 1, first paragraph, point (60), amending provision(6)(d)
Defend GA
(d) duties of officials during
(d)
the duties of officials during
744
the preparation of the
the preparation of
the
inspection;
inspectioninspections;
Sequence 6
Article 1, first paragraph, point (60), amending provision(6)(e)
(e) the duties of officials
(e) the duties of officials
Defend GA
745
authorised to conduct
authorised to conductwhen
inspections;
conducting inspections;
Sequence 6
Article 1, first paragraph, point (60), amending provision(6)(f)
Defend GA
(f) the obligations of Member
(f) the obligations of Member
States, Commission and
States, Commission and European Sequence 6
746
European Fisheries Control
Fisheries Control Agency on
Agency on relation to the
relation to the conduct of
conduct of inspections;
inspections;
Article 1, first paragraph, point (60), amending provision(6)(g)
Defend GA
(g) inspections at sea and in
(g) inspections at sea
, along the
(g)
the conduct of inspections at
747
ports, transport inspections,
shoreline and in ports, transport
sea and in ports, transport
and market inspection.
inspections, and market
inspections, and market
Sequence 6
inspection.
inspectioninspections.
14237/21
LO/JK/IB/nm
75
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
EP AM 228, EX AM 840 (S&D)
Article 1, first paragraph, point (60), amending provision, fifth paragraph
Those implementing acts shall be Defend GA
747a
adopted in accordance with the
examination procedure referred
Sequence 6
to in Article 119(2).
Article 1, first paragraph, point (60), amending provision, eleventh paragraph
Defend GA
Article 75
Article 75
748
Sequence 6
Article 1, first paragraph, point (60), amending provision, twelfth paragraph
Defend GA
Duties of the operator and the
Duties of the operator and the
749
master
master
Sequence 6
Article 1, first paragraph, point (60), amending provision(1)
Defend GA
1. The operator and the master 1. The operator and the master
1. The operator and the master
750
shall cooperate with officials
shall cooperate with officials in
shall cooperate with
and follow
in the performance of their
the performance of their duties.
instructions of officials in the
Sequence 6
duties. They shall facilitate the They shall facilitate the safe
performance of their duties
14237/21
LO/JK/IB/nm
76
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
safe access to the vessel,
access to the vessel,
vessel holds,
relating to inspections. They shall
transport vehicle or room
transport vehicle
, containers or
facilitate the safe access to the
where the fisheries products
storage rooms or room where the
vessel, transport vehicle or room
are stored, processed or
fisheries products are stored,
where the fisheries products are
marketed. They shall ensure
processed or marketed
, or
stored, processed or marketed.
the safety of the officials and
facilities where fishing gears are
They shall ensure the safety of the
shall not obstruct, intimidate
stored or repaired. They shall
officials and shall not obstruct,
or interfere with the officials
ensure the safety of the officials
intimidate or interfere with the
in the performance of their
and shall not obstruct, intimidate
officials in the performance of
duties.
or interfere with the officials in
their duties.
the performance of their duties.
EP AM 229, EX AM 841 (S&D)
Article 1, first paragraph, point (60), amending provision(2)
2. The Commission is
2. The Commission is empowered
Defend GA
empowered to adopt delegated
to adopt delegated acts in
acts in accordance with Article
accordance with Article 119a on
751
Sequence 6
119a on the duties operators
the duties
of operators and masters
and masters during
duringrelating to inspections.
inspections.
Article 1, first paragraph, point (60), amending provision, fifteenth paragraph
Defend GA
Article 76
Article 76
752
Sequence 6
Article 1, first paragraph, point (60), amending provision, sixteenth paragraph
14237/21
LO/JK/IB/nm
77
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Inspection report
Inspection report
Defend GA
753
Sequence 6
Article 1, first paragraph, point (60), amending provision(1), first
subparagraph
Defend GA
1. Officials shall draw up an
1. Officials shall draw up an
1. Officials shall draw up an
inspection report after each
inspection report after each
inspection report after each
inspection and shall forward it inspection
, based on an electronic inspection and shall forward it to
Sequence 6
to their competent authorities.
form which contains the same
their competent authorities. Data
Data contained in this report
information for all Member
contained in this report shall be
shall be recorded and
States, and shall forward it to their recorded and transmitted by
transmitted by electronic
competent authorities
, the
electronic means. In the case of
means. In the case of the
European Fisheries Control
the inspection of a fishing vessel
inspection of a fishing vessel
Agency, and the operator or the
flying the flag of another Member
flying the flag of another
master. Member States may
State, a copy of the inspection
Member State, a copy of the
report shall be sent by electronic
754
include information additional to
inspection report shall be sent
that contained in the common
means and without delay to the
by electronic means and
electronic form. Data contained in flag Member State.
without delay to the flag
this report shall be recorded and
Member State.
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.
EFCA
14237/21
LO/JK/IB/nm
78
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
EP AM 230, EX AM 74
(Rapporteur)
14237/21
LO/JK/IB/nm
79
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (60), amending provision(1), second
subparagraph
Defend GA
In the case of the inspection of In the case of the inspection of a
In the case of the inspection of a
a fishing vessel flying the flag
fishing vessel flying the flag of a
fishing vessel flying the flag of a
of a third country, a copy of
third country, a copy of the
third country, a copy of the
Sequence 6
the inspection report shall be
inspection report shall be sent by
inspection report shall be sent by
sent by electronic means and
electronic means and without
electronic means and without
without delay to the competent delay to the competent authorities delay to the competent authorities
authorities of the third country of the third country concerned
, to
of the third country concerned and
concerned and to the
the European Fisheries Control
to the Commission in the case of
755
Commission in the case of
Agency, the operator and to the
detected
1 serious infringements.
detected serious
master and to the Commission in
_________
infringements.
the case of detected serious
1.
A recital will explain that the term
infringements.
'detected' was introduced in various
Articles of the regulation to ensure the
uniform use of one term for the same
Infringements EFCA
activity or situation. It will clarify that a
detected infringement is different from a
EP AM 231, EX AM 848 (Renew)
confirmed infringement, as the latter
requires a decision by a competent
authority.
Article 1, first paragraph, point (60), amending provision(1), third
subparagraph
Defend GA
In case of an inspection carried In case of an inspection carried
In case of an inspection carried
out in the waters or ports
out in the waters or ports under
out in the waters or ports under the
756
under the jurisdiction of
the jurisdiction of another
jurisdiction of
another the
Sequence 6
another Member State than the Member State than the inspecting
Member State
other than the
inspecting Member State or of Member State or of a third
inspecting Member State
, in
a third country in accordance
country in accordance with
accordance with this Regulation,
14237/21
LO/JK/IB/nm
80
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
with international agreements, international agreements, a copy
or in the waters or ports or of a
a copy of the inspection report of the inspection report shall be
third country in accordance with
shall be sent by electronic
sent by electronic means and
international agreements, a copy
means and without delay to
without delay to that Member
of the inspection report shall be
that Member State or that third State or that third country
and to
sent by electronic means and
country.
the European Fisheries Control
without delay to that Member
Agency, the operator and to the
State or that third country.
master.
EFCA
EP AM 232, EX AM 850 (Renew)
Article 1, first paragraph, point (60), amending provision(2)
Defend GA
2. Officials shall
2. Officials shall communicate
communicate their findings
their findings from the inspection
from the inspection to the
to the operator or to the master,
Sequence 6
operator or to the master, who
who shall have the possibility to
shall have the possibility to
comment on the inspection and its
comment on the inspection
findings.
The operator’s or
757
and its findings. The
master'sThose comments shall be
operator’s or master's
reflected in the inspection report.
comments shall be reflected in
Officials shall indicate in the
the inspection report. Officials
fishing logbook that an inspection
shall indicate in the fishing
has been made.
logbook that an inspection has
been made.
14237/21
LO/JK/IB/nm
81
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (60), amending provision(3)
Defend GA
3. A copy of the inspection
3. A copy of the inspection report 3. A copy of the inspection report
report shall be sent as soon as
shall be sent
, preferably by
shall be sent as soon as possible to
possible to the operator or to
electronic means, as soon as
the operator or to the master, and
Sequence 6
the master, and in any case no
possible to the operator or to the
in any case no later than 15
758
later than 15 working days
master, and in any case no later
working days after the completion
after the completion of the
than 15 working days after the
of the inspection.
inspection.
completion of the inspection.
EP AM 233, EX AM 852 (S&D)
Article 1, first paragraph, point (60), amending provision(4)
4. The Commission may, by
4. The Commission may, by
Defend GA
means of implementing acts,
means of implementing acts, lay
lay down common rules on the
down common rules on the
Sequence 6
minimum format and content
minimum format and content of
of inspection reports, on the
inspection reports, on the
completion of inspection
completion of inspection reports
759
reports and on the
and on the transmission of
transmission of inspection
inspection reports. Those
reports. Those implementing
implementing acts shall be
acts shall be adopted in
adopted in accordance with the
accordance with the
examination procedure referred to
examination procedure
in Article 119(2).
referred to in Article 119(2).
14237/21
LO/JK/IB/nm
82
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (60), amending provision, twenty-first
paragraph
Defend GA
Article 77
Article 77
760
Sequence 6
Article 1, first paragraph, point (60), amending provision, twenty-second
paragraph
Defend GA
Admissibility of inspection
Admissibility of inspection and
761
and surveillance reports
surveillance reports
Sequence 6
Article 1, first paragraph, point (60), amending provision, twenty-third
paragraph
Defend GA
Inspection and surveillance
Inspection and surveillance reports
reports drawn up by Union
drawn up by Union inspectors or
inspectors or officials of
officials of another Member State
Sequence 6
another Member State or
or Commission officials or
Commission officials or
competent authorities from a third
competent authorities from a
country shall constitute admissible
762
third country shall constitute
evidence in administrative or
admissible evidence in
judicial proceedings of any
administrative or judicial
Member State. For establishing
proceedings of any Member
facts,
theyinspection and
State. For establishing facts,
surveillance reports drawn up by
they shall be treated as
Union inspectors or officials of
equivalent to inspection and
another Member State or
14237/21
LO/JK/IB/nm
83
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
surveillance reports of the
Commission officials shall be
Member States.
treated as equivalent to inspection
and surveillance reports of the
Member States.
Article 1, first paragraph, point (60), amending provision, twenty-fourth
paragraph
Defend GA
Article 78
Article 78
763
Sequence 6
Article 1, first paragraph, point (60), amending provision, twenty-fifth
paragraph
Defend GA
Electronic database
Electronic database
764
Sequence 6
Article 1, first paragraph, point (60), amending provision(1)
1. Member States shall set up
1. Member States shall set up and 1.
Each Member
StatesState shall
Defend GA
and keep up to date an
keep up to date
an electronic
set up and keep
up to dateup-to-
electronic database where they database
which shall be publicly
date an electronic database where
Sequence 6
765
upload all inspection reports
accessible with respect to non-
they uploadit uploads all
and surveillance reports
confidential and non-sensitive
inspection reports and surveillance
concerning the fishing vessels
information where they upload all reports concerning
theoperators
flying their flag drawn up by
inspection reports and
established in its territory and
their officials or other Member surveillance reports concerning
fishing vessels flying
theirits flag
14237/21
LO/JK/IB/nm
84
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
States officials or third country the fishing vessels flying their flag drawn up by
their officials or
officials, as well as other
drawn up by their officials or
other Member States officials or
inspections reports and
other Member States officials or
third country its officials, as well
surveillance report drawn up
third country officials, as well as
as other inspections reports and
by their officials.
other inspections reports and
surveillance
reportreports drawn
surveillance report drawn up by
up by
theirits officials.
their officials.
The European
Fisheries Control Agency shall
centralise the Member States’
databases. EFCA
EP AM 234, EX AMs 77
(Rapporteur) and ENVI 83
Article 1, first paragraph, point (60), amending provision(2)
Defend GA
2. The Commission may, by
2. The Commission may, by
means of implementing acts,
means of implementing acts, lay
lay down detailed rules
down detailed rules concerning
Sequence 6
concerning the operation of
the operation of the electronic
766
the electronic database. Those
database. Those implementing
implementing acts shall be
acts shall be adopted in
adopted in accordance with the
accordance with the examination
examination procedure
procedure referred to in Article
referred to in Article 119(2).
119(2).
Article 1, first paragraph, point (60), amending provision, twenty-eighth
paragraph
14237/21
LO/JK/IB/nm
85
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 79
Article 79
Defend GA
767
Sequence 6
Article 1, first paragraph, point (60), amending provision, twenty-ninth
paragraph
Defend GA
Union inspectors
Union inspectors
768
Sequence 6
Article 1, first paragraph, point (60), amending provision(1)
Defend GA
1. Member States and
1. Member States and
Commission shall notify a list
Commission shall notify a list of
of officials to the European
officials to the European Fisheries Sequence 6
Fisheries Control Agency
Control Agency (here after called
(here after called 'the Agency')
'the Agency') to be included in the
to be included in the list of
list of Union inspectors. The
Union inspectors. The Agency
Agency shall keep and update the
769
shall keep and update the list
list of Union inspectors including
of Union inspectors including
Member States, Commission and
Member States, Commission
officials of the Agency. The
and officials of the Agency.
Agency shall make such list
The Agency shall make such
available to the Commission and
list available to the
Member States.
Commission and Member
States.
14237/21
LO/JK/IB/nm
86
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (60), amending provision(2)
Defend GA
2. Without prejudice to the
2. Without prejudice to the
primary responsibility of the
primary responsibility of the
coastal Member States, Union
coastal Member States, Union
Sequence 6
inspectors may carry out
inspectors may carry out
inspections in accordance with
inspections in accordance with
770
this Regulation on the territory
this Regulation
on the territory of
of Member States and in
Member States and in Union
Union waters, and on Union
waters, and on Union fishing
fishing vessels outside Union
vessels outside Union waters.
waters.
Article 1, first paragraph, point (60), amending provision, numbered
paragraph (2a)
Defend GA
2a. Union inspectors shall report
to the authorities of the Member
State or to the Commission any
Sequence 6
non-compliant fishing activity by
fishing vessels flying the flag of a
770a
third country in international
waters subject to requirements
and/or recommendations issued
by a regional international body. EP AM 235, EX AM 859 (S&D)
Article 1, first paragraph, point (60), amending provision(3), introductory part
771
Defend GA
14237/21
LO/JK/IB/nm
87
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
3. Union inspectors may be
3. Union inspectors may be
assigned in particular for:
assigned
in particular for:
Sequence 6
Article 1, first paragraph, point (60), amending provision(3)(a)
Defend GA
(a) the implementation of the
(a) the implementation of the
specific control and inspection
specific control and inspection
772
programmes adopted in
programmes adopted in
Sequence 6
accordance with Article 95;
accordance with Article 95;
Article 1, first paragraph, point (60), amending provision(3)(b)
Defend GA
(b) international fisheries
(b) international fisheries control
control programmes, where
programmes, where the Union is
773
the Union is under an
under an obligation to provide for
Sequence 6
obligation to provide for
controls.
controls.
Article 1, first paragraph, point (60), amending provision(3)(ba)
(ba) the training of third country
Defend GA
fisheries inspectors who provide
support in the monitoring of
Sequence 6
773a
Union vessels operating outside
the Union. EP AM 236, EX AM 861 (S&D)
14237/21
LO/JK/IB/nm
88
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (60), amending provision(4), first
subparagraph, introductory part
Defend GA
4. For the accomplishment of
4. For the accomplishment of
their tasks and subject to
their tasks and subject to
774
paragraph 5, Union inspectors
paragraph 5, Union inspectors
Sequence 6
shall have access without
shall have access without delay to:
delay to:
Article 1, first paragraph, point (60), amending provision(4), first
subparagraph(a)
Defend GA
(a) all areas on board Union
(a) all areas on board Union
fishing vessels and any other
fishing vessels and any other
vessels carrying out fishing
vessels carrying out fishing
775
Sequence 6
activities, public premises or
activities, public premises or
places and means of transport;
places and means of transport; and
and
Article 1, first paragraph, point (60), amending provision(4), first
subparagraph(b)
(b) all information and
(b) all information and
(b) all
relevant information and
Defend GA
documents which are needed
documents which are needed to
documents which are needed to
to fulfil their tasks, in
fulfil their tasks, in particular
fulfil their tasks
, in particular
Sequence 6
776
particular fishing logbooks,
fishing logbooks, fishing licence,
fishing logbooks, fishing licence,
fishing licence, certification of certification of engine power,
certification of engine power,
engine power, CCTVs data,
CCTVs datadata from electronic
CCTVs data, landing declarations,
landing declarations, catch
monitoring devices, landing
catch certificates, transhipment
certificates, transhipment
declarations, catch certificates,
declarations, sales notes, and
14237/21
LO/JK/IB/nm
89
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
declarations, sales notes, and
transhipment declarations, sales
other relevant information and
other relevant information and notes, and other relevant
documents;
documents;
information and documents;
CCTV -EMS
EP AM 237, EX AM 863 (S&D)
14237/21
LO/JK/IB/nm
90
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (60), amending provision(4), second
subparagraph
to the same extent and under
to the same extent and under the
Defend GA
the same conditions as
same conditions as officials of the
777
officials of the Member State
Member State in which the
Sequence 6
in which the inspection takes
inspection takes place.
place.
Article 1, first paragraph, point (60), amending provision(5)
5. Union inspectors shall have
5. Union inspectors shall have no
Defend GA
no police and enforcement
police and enforcement powers
powers beyond the territory of
beyond the territory of their
Sequence 6
their Member State of origin,
Member State of origin, or outside
778
or outside the Union waters
the Union waters under the
under the sovereignty and
sovereignty and jurisdiction of
jurisdiction of their Member
their Member State of origin.
State of origin.
Article 1, first paragraph, point (60), amending provision(6)
Defend GA
6. When assigned as Union
6. When assigned as Union
inspectors, officials of the
inspectors, officials of the
Commission or of the body
Commission or of the body
779
Sequence 6
designated by it shall have no
designated by it shall have no
police and enforcement
police and enforcement powers.
powers.
14237/21
LO/JK/IB/nm
91
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (60), amending provision, numbered
paragraph (6a)
Defend GA
6a. The Commission is
empowered to adopt delegated
acts in accordance with Article
Sequence 6
119a supplementing this
Regulation by setting out the
779a
powers and duties of Union
inspectors. Delegated Acts
EP AM 238, EX AM 868
(Greens/EFA)
Article 1, first paragraph, point (60), amending provision(7), first
subparagraph, introductory part
Defend GA
7. The Commission shall, by
7. The Commission shall, by
means of implementing acts,
means of implementing acts, lay
780
lay down detailed rules
down detailed rules concerning:
Sequence 6
concerning:
Article 1, first paragraph, point (60), amending provision(7), first
subparagraph(a)
(a) the notification of Union
(a) the notification of Union
Defend GA
781
inspectors to the Agency;
inspectors to the Agency;
Sequence 6
14237/21
LO/JK/IB/nm
92
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
14237/21
LO/JK/IB/nm
93
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (60), amending provision(7), first
subparagraph(b)
Defend GA
(b) the adoption and
(b) the adoption and maintenance
782
maintenance of the list of
of the list of Union inspectors;
Union inspectors;
Sequence 6
Article 1, first paragraph, point (60), amending provision(7), first
subparagraph(c)
(c) the notification of Union
(c) the notification of Union
Defend GA
inspectors to Regional
inspectors to Regional Fisheries
783
Fisheries Management
Management Organisations;
Sequence 6
Organisations;
Article 1, first paragraph, point (60), amending provision(7), first
subparagraph(d)
Defend GA
(d) the powers and duties of
(d) the powers and duties of
784
Union inspectors;
Union inspectors;
Sequence 6
Article 1, first paragraph, point (60), amending provision(7), first
subparagraph(e)
Defend GA
(e) the reports of Union
(e) the reports of Union
785
inspectors;
inspectors;
Sequence 6
14237/21
LO/JK/IB/nm
94
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (60), amending provision(7), first
subparagraph(f)
Defend GA
(f) the follow-up of reports of
(f) the follow-up of reports of
786
Union inspectors.
Union inspectors.
Sequence 6
Article 1, first paragraph, point (60), amending provision(7), first
subparagraph(fa)
(fa) minimum training
Defend GA
requirements for Union
inspectors, covering in-depth
Sequence 6
knowledge of the common
786a
fisheries policy as well as
relevant Union environmental
law.
"
EP AM 239, EX ENVI 85
14237/21
LO/JK/IB/nm
95
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (60), amending provision(7), second
subparagraph
Those implementing acts shall
Those implementing acts shall be
Defend GA
be adopted in accordance with
adopted in accordance with the
787
the examination procedure
examination procedure referred to Sequence 6
referred to in Article 119(2).
in Article 119(2).
"
"
Article 1, first paragraph, point (61), introductory part
(61) in Article 80 paragraph 4
(61) in Article 80 paragraph 4 is
Defend GA
788
is replaced as follows:
replaced as follows:
Sequence 6
Article 1, first paragraph, point (61), amending provision(4)
Defend GA
"
"
4. A Member State may
4. A Member State may inspect
inspect Union fishing vessels
Union fishing vessels flying its
Sequence 6
flying its own flag or the flag
own flag or the flag of another
789
of another Member State in
Member State in waters or ports of
waters or ports of third
third countries in accordance with
countries in accordance with
international agreements.
international agreements.
"
"
Article 1, first paragraph, point (70), introductory part
950
Defend GA
14237/21
LO/JK/IB/nm
96
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
(70) in Title IX, the following
(70) in Title IX, the following
Article 93a is inserted:
Article 93a is inserted:
Sequence 6
Article 1, first paragraph, point (70), amending provision, first paragraph
Defend GA
"
"
951
Article 93a
Article 93a
Sequence 6
Article 1, first paragraph, point (70), amending provision, second paragraph
Defend GA
National control programmes
National control programmes and
952
and annual reports
annual reports
Sequence 6
Article 1, first paragraph, point (70), amending provision(1), first
subparagraph
Defend GA
1. Member States shall
"
1. Member States shall establish
establish annual or
1. Member States shall establish
annual or multiannual national
multiannual national control
annual or multiannual national
control programmes for the
Sequence 6
programmes for the
control programmes for
the
inspections and the control of the
953
inspections and the control of
inspections and theinspections,
rules of the common fisheries
the rules of the common
surveillance and control of the
policy.
fisheries policy.
rules of the common fisheries
policy.
EP AM 271, EX CA 22
14237/21
LO/JK/IB/nm
97
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
14237/21
LO/JK/IB/nm
98
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (70), amending provision(1), second
subparagraph
National control programmes
National control programmes
National control programmes shall
Defend GA
shall be risk-based and shall
shall be risk-based and shall be
be risk-based and shall be updated
be updated at least once a year updated at least once a year in
at least once a yearwhen
Sequence 6
in particular taking into
particular taking into account
necessary, in particular taking into
account newly adopted
newly adopted conservation and
account newly adopted
954
conservation and control
control measures
and the
conservation and control measures
measures.
conclusions of the annual
and any additional data.
evaluation report referred to in
paragraph 2b.
EP AM 272, EX CA 22
Article 1, first paragraph, point (70), amending provision(1), third
subparagraph
Defend GA
National control programmes
National control programmes shall
shall be notified to the
be notified to the Commission
Commission before the 31
before the 31 December of each
955
Sequence 6
December of each year and
yearperiod and shall cover at least
shall cover at least the
the following calendar year
or
following calendar year.
years.
Article 1, first paragraph, point (70), amending provision(2)
Defend GA
2. By 30 June every year,
2. By
30 June31 March every
2.
By 30 June every year Within 6
956
Member States shall submit to year, Member States shall submit
months after the end of the
the Commission a report on
to the Commission a report on
respective period referred in
Sequence 6
14237/21
LO/JK/IB/nm
99
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
inspections and controls
inspections
, surveillance and
paragraph 1, Member States shall
performed in the previous
controls performed in the previous submit to the Commission a report
year, in accordance with the
year, in accordance with the
on inspections and controls
national control programmes
national control programmes and
performed
in the previous year, in
and in compliance with the
in compliance with
this
accordance with the national
present Regulation.
Regulation. Those reports shall
control programmes and in
be made public on the official
compliance with the present
website of the Member States by
Regulation.
For the purpose of
31 March every yearthe present
reporting, Member States may
Regulation.
refer to information provided
under the implementing act
EP AM 273, EX CA 22
referred to in Article 95.
Article 1, first paragraph, point (70), amending provision, numbered
paragraph (2a), introductory part
Defend GA
2a. The report on inspections,
surveillance and controls
referred to in paragraph 2 shall
Sequence 6
956a
contain, at least, the following
information: EP AM 274, EX CA 22
Article 1, first paragraph, point (70), amending provision, numbered
paragraph (2a)(a)
(a) the total budget allocated to
Defend GA
956b
fisheries control;
Sequence 6
EP AM 274, EX CA 22
14237/21
LO/JK/IB/nm
100
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 1, first paragraph, point (70), amending provision, numbered
paragraph (2a)(b)
Defend GA
(b) the number and type of
inspections, surveillance and
956c
controls performed;
Sequence 6
EP AM 274, EX CA 22
Article 1, first paragraph, point (70), amending provision, numbered
paragraph (2a)(c)
Defend GA
(c) the number and type of
suspected and confirmed
956d
infringements, including serious
Sequence 6
infringements;
EP AM 274, EX CA 22
Article 1, first paragraph, point (70), amending provision, numbered
paragraph (2a)(d)
Defend GA
(d) the type of follow-up actions
to confirmed infringements (such
as simple warning, administrative
956e
Sequence 6
sanction, criminal sanction,
immediate enforcement measure
or number of penalty points
administered).
14237/21
LO/JK/IB/nm
101
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
EP AM 274, EX CA 22
Article 1, first paragraph, point (70), amending provision, numbered
paragraph (2b)
Defend GA
2b. By 1 September every year,
the Commission shall publish a
report with an evaluation of the
Sequence 6
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
956f
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.
"
EP AM 275, EX CA 22
Article 1, first paragraph, point (70), amending provision(3)
Defend GA
957
3. The Commission is
3. The Commission
is empowered
empowered to adopt delegated
to adopt delegated acts in
14237/21
LO/JK/IB/nm
102
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
acts in accordance with Article
accordance with Article 119a to
Sequence 6
119a to adopt minimum
adoptmay, by means of
requirements for national
implementing acts, lay down
control programmes and
minimum requirements for
annual reports and to set the
national control programmes and
benchmarks for controls
annual reports and to set the
taking into account the
benchmarks for controls taking
objectives of the common
into account the objectives of the
fisheries policy and technical
common fisheries policy and
progress and scientific
technical progress and scientific
developments.
developments.
Those
"
implementing acts shall be
adopted in accordance with the
examination procedure referred
to in Article 119(2).
"
Article 1, first paragraph, point (71), introductory part
Defend GA
(71) in Article 95, paragraph 1
(71) in Article 95, paragraph 1 is
958
is replaced by the following:
replaced by the following:
Sequence 6
Article 1, first paragraph, point (71), amending provision(1)
Defend GA
"
"
1. Certain fisheries may be
1. Certain fisheries may be
959
subject to specific control and
subject to specific control and
Sequence 6
inspection programmes. The
inspection programmes. The
Commission may, by means of
Commission may, by means of
14237/21
LO/JK/IB/nm
103
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
implementing acts and in
implementing acts and in concert
concert with the Member
with the Member States
States concerned, determine
concerned, determine which
which fisheries shall be
fisheries shall be subject to the
subject to the specific control
specific control and inspection
and inspection programmes on
programmes on the basis of the
the basis of the need for
need for specific and coordinated
specific and coordinated
control of the fisheries in question.
control of the fisheries in
Those implementing acts shall be
question. Those implementing
adopted in accordance with the
acts shall be adopted in
examination procedure referred to
accordance with the
in Article 119(2).
examination procedure
"
referred to in Article 119(2).
"
Article 2
GA accepted by EP and COM
Article 2
Article 2
1146
Amendments to Regulation
Amendments to Regulation
Sequence 1
(EC) No 768/2005
(
ECEU)
No 768/20052019/473
Article 2(1), introductory part
COM proposal accepted by
(1) Article 1 is replaced by the
(1) Article 1 is replaced by the
Council and EP
1147
following:
following:
Sequence 1
Article 2(1), amending provision, first paragraph
14237/21
LO/JK/IB/nm
104
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
COM proposal accepted by
"
"
Council and EP
1148
Article 1
Article 1
Sequence 1
Article 2(1), amending provision, second paragraph
COM proposal accepted by
1149
Objective
Objective
Council and EP
Sequence 1
Article 2(1), amending provision(1)
Support to following text:
1. This Regulation establishes
1. This Regulation establishes a
a European Fisheries Control
European Fisheries Control
Agency ('the Agency') for the
Agency ('the Agency') for the
1. This Regulation makes
purpose of ensuring a high,
purpose of ensuring a high,
provision for a European
uniform and effective level of
uniform and effective level of
Fisheries Control Agency ('the
control and compliance with
control
, inspection and
Agency') for the purpose of
1150
the rules of the Common
compliance with the rules of the
ensuring a high, uniform and
Fisheries Policy, including its
Common Fisheries Policy,
effective level of control,
external dimension.
including its external dimension.
inspection and compliance with
the rules of the Common
Fisheries Policy, including its
external dimension.
Sequence 1
14237/21
LO/JK/IB/nm
105
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(1), amending provision(2)
2. To that end, the Agency
2. To that end, the Agency shall
GA acceptable to EP and COM,
shall cooperate with the
cooperate with the Member States
if text in row 1151a is deleted
Member States and the
and the Commission and provide
(see next row).
Commission and provide them
them
technical, operational and
technical, operational and
scientific assistance as regards
Sequence 1
scientific assistance as regards
the fields mentioned in paragraph
1151
the fields mentioned in
1 of this Article within the limits
paragraph 1 of this Article
of the missions and tasks set out in
within the limits of the
Chapter II.
missions and tasks set out in
Chapter II.
"
Article 2(1), amending provision(2a)
Support to deleting paragraph
2a. When providing the
2a, proposed by Council in GA.
assistance referred to in
paragraph 2, the Agency shall
GA proposal deleted
organise the operational
coordination of fisheries control
Sequence 1
and inspection activities by the
1151a
Member States and contribute to
the overall efficiency of the
control, inspection and combat of
IUU fishing activities, to facilitate
the uniform application of the
rules of the Common Fisheries
Policy relating to control and
inspection.
14237/21
LO/JK/IB/nm
106
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
"
Article 2(1a)
EP willing to delete this
1a. In Article 2(1), point (a) is
proposed amendment, but to
replaced by the following:
refer to definitions of control
"(a) ‘control and inspection’
and inspection in the Control
means any measures taken by
Regulation (see next rows).
Member States to control and
inspect fishing activities within
deleted
the scope of the common
fisheries policy including
surveillance and monitoring
Sequence 1
1151b
activities such as vessel
monitoring systems and observer
schemes; " Regulation (EC) No 768/2005 has
been codified and repealed by
Regulation (EU) 2019/473.
VMS EFCA
EP AM 285, EX AM 1074 (S&D)
Article 2(1b)
Support to the following text:
1151c
1b. In Article 2, point (a) is
replaced by the following:
14237/21
LO/JK/IB/nm
107
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
"(a) ‘control' means control as
defined in Article 4 point 3 of
Regulation (EC) No 1224/2009."
Sequence 1
Article 2(1c)
Support to the following text:
1c. In Article 2, the following
point is inserted:
1151d
"(aa) ‘inspection’ means
inspection as defined in Article 4
point 4 of Regulation (EC) No
1224/2009."
Sequence 1
Article 2(2), introductory part
(2) Article 3 is amended as
(2) Article 3 is amended as
1152
follows:
follows:
Sequence 1
Article 2(2), point (a), introductory part
(a) point (e) is replaced by the
(a) point (e) is replaced by the
1153
Sequence 1
following:
following:
Article 2(2), point (a), amending provision, first paragraph
14237/21
LO/JK/IB/nm
108
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Support to following
"
"
"
compromise text:
(e) to assist Member States
(e) to assist Member States and
(e) to assist Member States and
and the Commission in
the Commission in harmonising
the Commission in harmonising
(e) to assist Member States and
harmonising the application of the application
and ensuring the
the application of the common
the Commission in harmonising
the common fisheries policy;
sustainability of the common
fisheries policy;
the application of the rules of the
" fisheries policy
including its
" common fisheries policy, and
external dimension;
thereby to contribute to the
"
achievement of its objectives,
including the sustainable
1154
Regulation (EC) No 768/2005 has
exploitation of marine biological
been codified and repealed by
resources;
Regulation (EU) 2019/473. Article
3(e) of Regulation (EC) No 768/2005
corresponds to Article 3(e) of
Sequence 1
Regulation (EU) 2019/473.
EFCA
EP AM 286, EX ENVI 129
Article 2(2), point (b), introductory part
Linked to next row (row 1156)
(b) point (f) is replaced by the
(b) point (f) is replaced by the
following:
following:
(b) point (f) is replaced by the
1155
following:
Sequence 1
Article 2(2), point (b), amending provision, first paragraph
Support to following text for
1156
"
"
paragraph and recital:
14237/21
LO/JK/IB/nm
109
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
(f) to contribute to the work
(f) to contribute to
and, where
of Member States and the
relevant, participate in the work
(f) to contribute to, and
Commission on research into
of Member States and the
participate in, the work of
and development of control
Commission on
research into and Member States and the
and inspection techniques and
development of control and
Commission on research into,
to initiate research into and
inspection techniques and to
and development of, control and
development of control and
initiate research into and
inspection techniques and to
inspection techniques;
development of control and
develop pilot projects on
"
inspection techniques;
research into, and development
" of such techniques;
Recital
(67) For reasons of consistency
with the scope of Regulation
(EC) No 1224/2009, the
objectives of Regulation (EU)
No 2019/4731 should be
enlarged. The mission of the
European Fisheries Control
Agency should cover the
harmonisation of the application
of the rules of the common
fisheries policy. It should
comprise research and
development in the area of
control and inspection
techniques, including, in
cooperation with Member States,
the development of pilot
projects, and provision of
assistance to the Commission in
14237/21
LO/JK/IB/nm
110
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
specific fields.
_________
1. Regulation (EU) No 2019/473
of the European Parliament and
of the Council of 19 March 2019
on the European Fisheries
Control Agency (codification)
(OJ L 83, 2.3.2019, p. 18).
Sequence 1
Article 2(2), point (ba)
Support to the following text for
(ba) In Article 3, the following
paragraph and recital:
point is added:
"(ja) to work together with the
European Environment Agency
(ba) In Article 3, the following
and the European Maritime
point is added:
Safety Agency in sharing
"(ja) where appropriate, to
relevant data and information to
cooperate with and coordinate
support the creation and common
activities with other
decentralised Agencies of the
1156a
use of knowledge on the marine
environment."
European Union within the
scope of their tasks, missions,
Regulation (EC) No 768/2005 has
and areas of activity."
been codified and repealed by
Regulation (EU) 2019/473.
Recital:
EFCA
(55a) In accordance with the
Joint Statement of the European
EP AM 287, EX CA 14
Parliament, the Council of the
European Union and the
14237/21
LO/JK/IB/nm
111
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
European Commission on
decentralised agencies, for every
agency an evaluation
commissioned by the
Commission should take place
every five years. Given that a
number of fisheries and
environmental challenges are
strongly interlinked, the
Commission, in the context of
the next periodical evaluation of
the European Environment
Agency, will consider how to
enhance cooperation and
relevant sharing of data between
the European Fisheries Control
Agency and the European
Environmental Agency and in
what format such enhanced
cooperation could be formalized,
including, if necessary, by
submitting any relevant
legislative proposal or other
measures to this effect.
Sequence 1
Article 2(2), point (c), introductory part
COM proposal accepted by
1157
(c) the following point (k) is
(c) the following point (k) is
Council and EP
added:
added:
14237/21
LO/JK/IB/nm
112
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Sequence 1
Article 2(2), point (c), amending provision, first paragraph
COM proposal accepted by
"
"
Council and EP
(k) to assist the Commission
(k) to assist the Commission in
in the performance of tasks
the performance of tasks assigned
"
assigned to the Commission in
to the Commission in legislative
1158
Sequence 1
legislative acts of the Union
acts of the Union with regard to
with regard to the objectives
the objectives of the Agency.
of the Agency.
"
"
14237/21
LO/JK/IB/nm
113
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(2), point (ca), introductory part
EP accepts to delete.
(ca) In Article 3, the following
1158a
paragraph is added:
deleted
EP AM 288, EX CA 14
Sequence 1
Article 2(2), point (ca), amending provision, first paragraph
EP accepts to delete.
"
1a. The Commission shall draw
deleted
up a partnership protocol
between the agencies referred to
Sequence 1
in point (ja) of the first
paragraph as the framework for
their enhanced cooperation.
1158b
"
Regulation (EC) No 768/2005 has
been codified and repealed by
Regulation (EU) 2019/473.
EFCA
EP AM 288, EX CA 14
Article 2(3), introductory part
GA accepted by EP and COM
(3) Article 16 is replaced by
(3) Article
1617 is replaced by the
1159
the following:
following:
Sequence 1
14237/21
LO/JK/IB/nm
114
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(3), amending provision, first paragraph
"
"
1160
Article 16
Article
1617
GA accepted by EP and COM
Sequence 1
Article 2(3), amending provision, second paragraph
COM proposal accepted by
Exchange and processing of
Exchange and processing of data
Council and EP
1161
data and information
and information
Sequence 1
Article 2(3), amending provision(1)
GA accepted by EP and COM
1. The Commission, the
1. The Commission, the Agency
Agency and the competent
and the competent authorities of
Sequence 1
authorities of Member States
Member States shall exchange
shall exchange relevant data
relevant data and information
and information available to
available to them regarding joint
1162
them regarding joint control
control and inspection activities
and inspection activities
within
the territory of Member
within Union and international
States and Union and
waters in accordance with
international waters in accordance
Regulation (EC) No
with Regulation (EC) No
1224/2009.
1224/2009.
Article 2(3), amending provision(2)
COM proposal accepted by
1163
2. The Agency shall take, in
2. The Agency shall take, in
Council and EP
14237/21
LO/JK/IB/nm
115
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
accordance with the relevant
accordance with the relevant
Union legislation, measures to
Union legislation, measures to
ensure appropriate protection
ensure appropriate protection of
Sequence 1
of the confidentiality of the
the confidentiality of the
information received pursuant
information received pursuant to
to this Regulation in
this Regulation in accordance with
accordance with Article 113 of
Article 113 of Regulation (EC) No
Regulation (EC) No
1224/2009.
1224/2009.
Article 2(3), amending provision(3)
GA accepted by EP and COM
3. Regulation (EU) 2018/XX
3. Regulation (EU)
of the European Parliament
2018/XX2018/1725 of the
and of the Council(*) shall
European Parliament and of the
1164
Sequence 1
apply to the processing of
Council(*) shall apply to the
personal data carried out by
processing of personal data carried
the Agency.
out by the Agency.
14237/21
LO/JK/IB/nm
116
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(3), amending provision(4)
4. In relation to the processing
4. In relation to the processing of
GA accepted by EP and COM
of personal data referred to in
personal data referred to in Article
Article 110(1) and (2) of
110(1) and (2) of
Regulation
Regulation (EC) No
(EC) No 1224/2009, the Agency
Sequence 1
1165
1224/2009, the Agency shall
shall be regarded as a controller as
be regarded as a controller as
defined in
point (b) of Article
defined in point (b) of Article
3(2)3(8) of Regulation (EU)
3(2) of Regulation (EU)
2018/XX2018/1725.
2018/XX.
Article 2(3), amending provision(5)
Discussion postponed to
5. The Agency shall process
5. The Agency
shallmay process
sequence 12 (data protection)
personal data referred to in
personal data referred to in Article
Article 110(1) and (2) of
110(1) and (2) of
Regulation
Sequence 1 Sequence 12
Regulation (EC) No
(EC) No 1224/2009 for the
1224/2009 for the purpose of
purpose of coordinating controls
coordinating controls and
and inspections, assisting Member
1166
inspections, assisting Member
States and the Commission to
States and the Commission to
conduct their tasks under the
conduct their tasks under the
common fisheries policy, and
common fisheries policy, and
coordinating operations to combat
coordinating operations to
illegal, unreported and
combat illegal, unreported and
unregulated fishing.
unregulated fishing.
14237/21
LO/JK/IB/nm
117
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(3), amending provision(6), first subparagraph
Discussion postponed to
6. Personal data referred to in
6. Personal data referred to in
sequence 12 (data protection)
Article 110(1) and (2) of
Article 110(1) and (2) of
Regulation (EC) 1224/2009
Regulation (EC) 1224/2009 shall
shall not be stored for a period
not be stored for a period longer
Sequence 1 Sequence 12
longer than 5 years, except for
than
5 five years, except for
personal data that is necessary
personal data that is necessary to
to allow the follow-up of a
allow the follow-up of a
1167
complaint, an infringement, an
complaint, an infringement, an
inspection, a verification or an
inspection, a verification or an
audit or on-going judicial or
audit or on-going judicial or
administrative proceedings
administrative proceedings
which
which may be retained for 10
may be retained for until the
years.
completion of the procedure
concerned and for no longer than
10 years.
Article 2(3), amending provision(6), second subparagraph
COM proposal accepted by
If the information is retained
If the information is retained for a
Council and EP
1168
for a longer period of time, the
longer period of time, the data
data shall be anonymized.
shall be anonymized.
Sequence 1
Article 2(3), amending provision, numbered paragraph (6a)
Discussion postponed to
6a. Personal data contained in
sequence 12 (data protection)
1168a
CCTV footage/images collected
under Article 13 shall be not be
stored for a period longer than 1
14237/21
LO/JK/IB/nm
118
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
year except where necessary to
Sequence 1
allow the follow up of a
complaint, an infringement, an
inspection, a verification or an
audit or on-going judicial or
administrative proceedings, until
the completion of the procedure
concerned and for no longer than
10 years.
Article 2(3), amending provision(7)
GA accepted by EP and COM
7. The transfer of the
7. The transfer of the following
following personal data
personal data contained in fishing
Sequence 1
contained in fishing activity
activity data to a third Country or
data to a third Country or to an
to an international organization
international organization shall
shall only be performed in
only be performed in
accordance with Chapter V of
1169
accordance with Chapter V of
Regulation (EU)
Regulation (EU) 2018/XX and
2018/XX2018/1725 and in
in compliance with agreement
compliance with agreement with
with that third country or with
that third country or with the
the applicable rules of that
applicable rules of that
international organisation.
international organisation.
14237/21
LO/JK/IB/nm
119
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(3), amending provision, tenth paragraph
GA accepted by EP and COM
(*)
Proposal for a
Regulation (
*EU)
Proposal for a
Regulation of the European
Regulation 2018/1725 of the
Parliament and of the Council
European Parliament and of the
on the protection of
Council
of 23 October 2018 on
Sequence 1
individuals with regard to the
the protection of
processing of personal data by
individualsnatural persons with
the Union institutions, bodies,
regard to the processing of
offices and agencies and on
personal data by the Union
1170
the free movement of such
institutions, bodies, offices and
data, and repealing Regulation
agencies and on the free
(EC) No 45/2001 and Decision
movement of such data, and
No 1247/2002/EC (COM
repealing Regulation (EC) No
(2017)8 final, 10.1.2017)
45/2001 and Decision No
"
1247/2002/EC (
COM (2017)8
final, 10.1.2017OJ L 295,
21.11.2018, p. 39)
.
"
Article 2(4), introductory part
GA accepted by EP and COM
(4) Article 17a is replaced by
(4) Article
17a 19 is replaced by
1171
the following:
the following:
Sequence 1
14237/21
LO/JK/IB/nm
120
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(4), amending provision, first paragraph
GA accepted by EP and COM
"
"
1172
Article 17a
Article
17a19
Sequence 1
Article 2(4), amending provision, second paragraph
COM proposal accepted by
Assignment of Agency
Assignment of Agency officials as
Council and EP
1173
officials as Union inspectors
Union inspectors
Sequence 1
Article 2(4), amending provision, third paragraph
COM proposal accepted by
Officials of the Agency may
Officials of the Agency may be
Council and EP
be assigned as Union
assigned as Union inspectors in
inspectors in accordance with
accordance with Article 79 of
1174
Article 79 of Regulation (EC)
Regulation (EC) No 1224/2009.
Sequence 1
No 1224/2009.
"
"
14237/21
LO/JK/IB/nm
121
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(4b)
Support to following new
paragraph:
4b. Article 24, paragraph 3
is replaced by the
following:
"3. The annual work
programme referred to in
Article 32(2)(c) shall be
coherent with the
1174a
multiannual work
programme. It shall clearly
indicate additions, changes
or deletions compared with
the previous year's work
programme, and the
progress made in the
achievement of the overall
objectives and priorities of
the multiannual work
programme."
Sequence 1
14237/21
LO/JK/IB/nm
122
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(4a)
Support to following text:
"
4a. Article 17g is replaced by the
following:
4c. Article 25 is replaced by the
Article 17g
following:
Cooperation in maritime affairs
"The Agency shall contribute to
" Article 25
and help the implementation of
Cooperation in maritime affairs
the EU Integrated Maritime
Policy, and in particular
The Agency shall contribute to
conclude administrative
the implementation of the EU
agreements with other bodies in
Integrated Maritime Policy, and
matters covered by this
in particular conclude
Regulation after approval by the
administrative agreements with
Administrative Board. The
other bodies in matters covered
1174b
Executive Director shall inform
by this Regulation after approval
the European Parliament, the
by the Administrative Board.
Commission and the Member
The Executive Director shall
States thereof at an early stage of
inform the Administrative Board
such negotiations."
thereof at an early stage of such
"
negotiations."
Regulation (EC) No 768/2005 has
Sequence 1
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.
EFCA
14237/21
LO/JK/IB/nm
123
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
EP AM 289, EX AMs 1078 (S&D)
and ENVI 130
Article 2(4b), introductory part
1174c
Sequence 1 Sequence 3
Article 2(4b), amending provision, numbered paragraph
1174d
Sequence 1 Sequence 3
Article 2(5), introductory part
GA accepted by EP and COM
(5) in Article 23, paragraph 2,
(5) in Article
2332, paragraph 2,
1175
is amended as follows:
is amended as follows:
Sequence 1
Article 2(5), point (a)
GA accepted by EP and COM
(a) in point (b) the terms '30
(a) in point (b) the terms '30
1176
April' are replaced by '30
April' are replaced by '
30 June1
Sequence 1
June'.
July'.
Article 2(5), point (b), introductory part
COM proposal accepted by
1177
(b) the following point is
(b) the following point is inserted:
Council and EP
inserted:
14237/21
LO/JK/IB/nm
124
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Sequence 1
Article 2(5), point (b), amending provision, first paragraph
GA accepted by EP and COM
"
"
(i) ensure that the findings
(i) ensure
that the adequate
and recommendations
follow-up to findings and
Sequence 1
stemming from evaluations
recommendations stemming from
carried out in accordance with
evaluations carried out in
Article 39 are adequately
accordance with Article 39 are
followed up in investigations
adequately followed up in the
1178
conducted by the European
internal or external audit reports
Anti-Fraud Office (OLAF)
and evaluations, as well as from
and internal or external audits.
investigations
conducted by of the
"
European Anti-Fraud Office
(OLAF)
and internal or external
audits.
"
Article 2(5a)
Support following compromise
5a. In point (c) of Article 23(2),
text:
the first subparagraph is replaced
by the following:
5a. In point (c) of Article 32(2),
"adopt by 31 October each year,
the first subparagraph is replaced
1178a
and taking into account the
by the following:
opinion of the European
"(c) adopt, by 30 November
Parliament, the Commission and
each year, the Single
the Member States, the work
Programming Document,
programme of the Agency for the
containing, inter alia, the
14237/21
LO/JK/IB/nm
125
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
coming year and forward it to the
Agency's multiannual
European Parliament, the
programming and annual
Council, the Commission and the
programming for the following
Member States."
year."
Regulation (EC) No 768/2005 has
Flexibility to insert a new recital
been codified and repealed by
along the following lines:
Regulation (EU) 2019/473. Article 23
of Regulation (EC) No 768/2005
(68a) For the purpose of
corresponds to Article 32 of
ensuring consistent
Regulation (EU) 2019/473.
programming and to align
Regulation (EU) 2019/473 with
EFCA
Regulation (EU) 2019/715, the
Agency should draw up a Single
EP AM 290, EX AMs 1079 and
ENVI 131
Programming Document
containing annual and
multiannual programming.
Sequence 1
Article 2(5b)
Support to following text:
5b. In point (c) of Article 23(2),
the second subparagraph is
replaced by the following:
5b. In point (c) of Article 23(2),
the second paragraph is replaced
1178b
"The work programme shall
contain the priorities of the
by the following:
Agency. It shall give priority to
the duties of the Agency relating
"The Single Programming
to control and surveillance
Document shall contain the
programmes. It shall be adopted
priorities of the Agency. It shall
14237/21
LO/JK/IB/nm
126
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
without prejudice to the annual
give priority to the duties of the
Community budgetary procedure.
Agency relating to control and
In case the European Parliament
inspection programmes. It shall
or the Commission expresses,
be adopted without prejudice to
within 30 days from the date of
the annual Union budgetary
adoption of the work programme,
procedure.
its disagreement with that
The Single Programming
programme, the Administrative
Document shall be adopted
Board shall re-examine the
taking into account the opinion
programme and adopt it, possibly
of the Commission and, as
amended, within a period of two
regards the multiannual
months, in a second reading;"
programming, after having
"
consulted the European
Parliament and the Council.
Regulation (EC) No 768/2005 has
The Administrative Board shall
been codified and repealed by
forward the document to the
Regulation (EU) 2019/473. Article 23
European Parliament, to the
of Regulation (EC) No 768/2005
Council and to the Commission
corresponds to Article 32 of
without delay."
Regulation (EU) 2019/473.
EFCA
Sequence 1
EP AM 291, EX AMs 1080 and
ENVI 132
14237/21
LO/JK/IB/nm
127
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(5c)
Support to the following text:
5c. in Article 24, paragraph 1 is
replaced by the following:
1. The Administrative Board
"1. The Administrative Board
shall be composed of
shall be composed of
representatives of Member
representatives of Member States,
States, six representatives of the
six representatives of the
Commission and one
Commission and representatives
representative of the European
of the European Parliament.
Parliament. Each Member State
Each Member State shall be
shall be entitled to appoint one
entitled to appoint one member.
member. The Member States,
The European Parliament shall
the Commission and the
be entitled to appoint two
European Parliament shall
representatives. The Member
appoint one alternate for each
States, the Commission and the
member to represent the member
1178c
European Parliament shall
in his or her absence. Only
appoint one alternate to each
representatives of the Member
member who will represent the
States and the Commission shall
member in his/her absence."
have the right to vote.
Regulation (EC) No 768/2005 has
Flexibility to agree to a recital
been codified and repealed by
along the following lines
Regulation (EU) 2019/473. Article
(slightly modified text after
24(1) of Regulation (EC) No 768/2005
inter-institutional meeting of
corresponds to Article 33(1) of
26.11.2021)
Regulation (EU) 2019/473.
The composition of the
EFCA
Administrative Board of the
Agency
should be amended
EP AM 292, EX AM ENVI 133
taking into account the
Common Approach annexed to
14237/21
LO/JK/IB/nm
128
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
the Joint Statement of the
European Parliament, the
Council of the European Union
and the European Commission
on decentralised agencies of 19
July 2012. For this reason, and
without prejudice to the role of
the European Parliament on
discharge in respect of the
implementation of the budget of
the Agency, the European
Parliament should be entitled to
have one representative without
the right to vote, including a
former Member of the European
Parliament or an expert, in the
Administrative Board.
All members of the
Administrative Board should be
appointed on the basis of their
relevant experience and
expertise in the field of fisheries
control and inspection and
should not have any direct or
indirect conflict of interest that
might be considered prejudicial
to their independence.
Sequence 1
Article 2(5d)
14237/21
LO/JK/IB/nm
129
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
1178d
Sequence 1
Article 2(6), introductory part
GA accepted by EP and COM
(6) Article 26, is replaced by
(6) Article
2635, is replaced by
1179
the following:
the following:
Sequence 1
Article 2(6), amending provision, first paragraph
GA accepted by EP and COM
"
"
1180
Article 26
Article
2635
Sequence 1
Article 2(6), amending provision, second paragraph
COM proposal accepted by
Meetings
Meetings
Council and EP
1181
Sequence 1
Article 2(6), amending provision(1)
COM proposal accepted by
1. The meetings of the
1. The meetings of the
Council and EP
Administrative Board shall be
Administrative Board shall be
convened by its Chairperson.
convened by its Chairperson. The
Sequence 1
1182
The agenda shall be
agenda shall be determined by the
determined by the
Chairperson, taking into account
Chairperson, taking into
the proposals of members of the
account the proposals of
Administrative Board and the
members of the
Executive Director of the Agency.
14237/21
LO/JK/IB/nm
130
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Administrative Board and the
Executive Director of the
Agency.
Article 2(6), amending provision(2)
COM proposal accepted by
2. The Executive Director and
2. The Executive Director and the
Council and EP
the representative appointed
representative appointed by the
1183
by the Advisory Board shall
Advisory Board shall take part in
take part in the deliberations
the deliberations without the right
Sequence 1
without the right to vote.
to vote.
14237/21
LO/JK/IB/nm
131
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(6), amending provision(3)
COM proposal accepted by
3. The Administrative Board
3. The Administrative Board shall
Council and EP
shall hold an ordinary meeting
hold an ordinary meeting at least
at least once a year. In addition
once a year. In addition it shall
Sequence 1
it shall meet on the initiative
meet on the initiative of the
1184
of the Chairperson or at the
Chairperson or at the request of
request of the Commission or
the Commission or of one-third of
of one-third of the Member
the Member States represented on
States represented on the
the Administrative Board.
Administrative Board.
Article 2(6), amending provision(4)
GA accepted by EP and COM
4. The Administrative Board
4. The Administrative Board may
may invite a representative of
invite a representative of relevant
1185
Sequence 1
relevant Union institutions to
Union institutions to attend its
attend its meetings.
meetings.
Article 2(6), amending provision(5)
GA accepted by EP and COM
5. The Administrative Board
5. The Administrative Board may
may invite any person whose
invite
a representative of relevant Sequence 1
opinion may be of interest to
Union institutions or any person
1186
attend its meetings as an
whose opinion may be of interest
observer.
to attend its meetings as an
observer.
14237/21
LO/JK/IB/nm
132
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(6), amending provision(6)
GA accepted by EP and COM
6. When there is a matter of
6. When there is a matter of
confidentiality or conflict of
confidentiality or conflict of
Sequence 1
interest, the Administrative
interest, the Administrative Board
Board may decide to examine
may decide to examine specific
specific items of its agenda
items of its agenda without the
without the presence of the
presence of the representative
representative appointed by
appointed by the Advisory Board,
the Advisory Board, the
the representatives appointed by
1187
representatives appointed by
relevant Union institutions
as
relevant Union institutions as
referred to in paragraph 4 and
referred to in paragraph 4 and
the person(s) referred to in
the person(s) referred to in
paragraph 5. Detailed rules for the
paragraph 5. Detailed rules for
application of this provision may
the application of this
be laid down in the rules of
provision may be laid down in
procedure.
the rules of procedure.
Article 2(6), amending provision(7)
COM proposal accepted by
7. The members of the
7. The members of the
Council and EP
Administrative Board may,
Administrative Board may,
1188
subject to the provisions of its
subject to the provisions of its
Sequence 1
rules of procedure, be assisted
rules of procedure, be assisted by
by advisers or experts.
advisers or experts.
Article 2(6), amending provision(8)
COM proposal accepted by
1189
8. The secretariat for the
8. The secretariat for the
Council and EP
14237/21
LO/JK/IB/nm
133
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Administrative Board shall be
Administrative Board shall be
provided by the Agency.
provided by the Agency.
Sequence 1
"
"
Article 2(7), introductory part
GA accepted by EP and COM
(7) in Article 29(3), point (a)
(7) in Article
29(3)38(3), point (a)
1190
is replaced by the following:
is replaced by the following:
Sequence 1
Article 2(7), amending provision, first paragraph
Support to the following text and
"
"
"
recital:
(a) he/she shall prepare the
(a) he/she shall prepare the draft
(a) he/she shall prepare the draft
draft annual work programme
annual work programme and the
annual work programme and the
(a) "(a) he or she shall prepare
and the draft multiannual work draft multiannual work
draft multiannual work
the draft Single Programming
programme and submit them
programme and submit them to
programme and submit them to
Document and submit it to the
to the Administrative Board
the Administrative Board after
the Administrative Board after
Administrative Board for
after consultation with the
consultation with the
European
consultation with the Commission endorsement before that draft is
Commission and the Member
Parliament, the Commission and
and the Member States. He/she
sent to the European Parliament,
States. He/she shall take the
the Member States. He/she shall
shall take the necessary steps for
to the Council and to the
1191
necessary steps for the
take the necessary steps for the
the implementation of the work
Commission by 31 January. He
implementation of the work
implementation of the work
programme and multiannual work or she shall take the necessary
programme and multiannual
programme and multiannual work programme within the limits
steps for the implementation of
work programme within the
programme within the limits
specified by this Regulation, its
the Single Programming
limits specified by this
specified by this Regulation, its
implementing rules and any
Document within the limits
Regulation, its implementing
implementing rules and any
applicable law;
specified by this Regulation, its
rules and any applicable law;
applicable law;
" implementing rules and any
"
"
applicable law;"
Regulation (EC) No 768/2005 has
Recital:
14237/21
LO/JK/IB/nm
134
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
been codified and repealed by
(69) It should be clarified that
Regulation (EU) 2019/473. Article 29
the draft Single Programming
of Regulation (EC) No 768/2005
Document prepared by its
corresponds to Article 38 of
executive Director is to be
Regulation (EU) 2019/473.
submitted to the Administrative
Board of the Agency.
EFCA
Sequence 1
EP AM 293, EX ENVI 134
Article 2(8), introductory part
GA accepted by EP and COM
(8) in Article 35, paragraph 1
(8) in Article
3544, paragraph 1 is
1192
is replaced by the following:
replaced by the following:
Sequence 1
Article 2(8), amending provision(1), introductory part
COM proposal accepted by
"
"
Council and EP
1. The revenue of the Agency
1. The revenue of the Agency
1193
shall consist, without prejudice
shall consist, without prejudice to
Sequence 1
to other types of income, of:
other types of income, of:
Article 2(8), amending provision(1), point (a)
COM proposal accepted by
(a) a contribution from the
(a) a contribution from the Union
Council and EP
Union entered in the general
entered in the general budget of
1194
budget of the European Union
the European Union (Commission Sequence 1
(Commission section);
section);
14237/21
LO/JK/IB/nm
135
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(8), amending provision(1), point (b)
COM proposal accepted by
(b) charges for services
(b) charges for services provided
Council and EP
provided by the Agency to
by the Agency to Member States
1195
Member States in accordance
in accordance with Article 6;
Sequence 1
with Article 6;
Article 2(8), amending provision(1), point (c)
COM proposal accepted by
(c) charges for publications,
(c) charges for publications,
Council and EP
training and/or any other
training and/or any other services
1196
services provided by the
provided by the Agency;
Sequence 1
Agency;
Article 2(8), amending provision(1), point (c1)
GA accepted by EP and COM
(c1) charges for services
provided by the Agency to the
Sequence 1
European Border and Coast
1196a
Guard Agency and the European
Maritime Safety Agency, in the
framework of the European
cooperation on coast guard
functions laid down in Article 8.
14237/21
LO/JK/IB/nm
136
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(8), amending provision(1), point (d)
GA accepted by EP and COM
(d) Union funding in the form
(d) Union funding in the form of
of delegation agreements or
delegation agreements or ad-hoc
Sequence 1
ad-hoc grants in accordance
grants in accordance with the
with the Agency's financial
Agency's financial rules referred
rules referred to in Article 38
to in Article
3847 and with the
1197
and with the provision of the
provision of the relevant
relevant instruments
instruments supporting the
supporting the policies of the
policies of the Union.
Union.
"
"
Article 2(9), introductory part
GA accepted by EP and COM
(9) Article 39 is replaced by
(9) Article
3948 is replaced by the
1198
the following:
following:
Sequence 1
Article 2(9), amending provision, first paragraph
GA accepted by EP and COM
"
"
1199
Article 39
Article
3948
Sequence 1
Article 2(9), amending provision, second paragraph
COM proposal accepted by
Evaluation
Evaluation
Council and EP
1200
Sequence 1
14237/21
LO/JK/IB/nm
137
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 2(9), amending provision(1), introductory part
GA accepted by EP and COM
1. Within five years from the
1.
Within five years from the date Sequence 1
date of the Agency having
of the Agency having taken up its
taken up its responsibilities,
responsibilities, and At regular
Support to the following recital:
and every five years thereafter,
intervals, and at least every five
an evaluation of the Agency
years
thereafter, an evaluation of
shall be performed. The
the Agency shall be performed. ,
(71) The provisions on the
Commission shall commission
the Commission shall
carry out
periodic evaluation of the
an independent external
an commission an independent
Agency by the Commission
evaluation to assess in
external evaluation to assess in
should be clarified and aligned
particular:
particular:
to the Annex of the Common
approach on decentralised
agencies of 19 July 2012. The
Member States and the Agency
1201
should provide the Commission
with the information necessary
to produce the evaluation. For
the purpose of that evaluation,
the Commission should also
seek input from all relevant
stakeholders. When establishing
the terms of reference for the
evaluation, the Commission
should consult the
Administrative Board of the
Agency.
Article 2(9), amending provision(1), point (a)
1202
COM proposal accepted by
14237/21
LO/JK/IB/nm
138
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
(a) the results achieved by the
(a) the results achieved by the
Council and EP
Agency having regard to its
Agency having regard to its
objectives, mission and tasks;
objectives, mission and tasks;
Sequence 1
Article 2(9), amending provision(1), point (b)
COM proposal accepted by
(b) the impact, effectiveness
(b) the impact, effectiveness and
Council and EP
and efficiency of the Agency's
efficiency of the Agency's
1203
performance and its working
performance and its working
Sequence 1
practices in relation to its
practices in relation to its
objectives, mission and tasks.
objectives, mission and tasks.
Article 2(9), amending provision, third paragraph
GA accepted by EP and COM
The Commission shall consult
the Administrative Board on the
1203a
Sequence 1
terms of reference for each
evaluation.
Article 2(9), amending provision(2)
COM proposal accepted by
2. The Commission shall send
2. The Commission shall send the
Council and EP
the evaluation report together
evaluation report together with its
with its conclusions on the
conclusions on the report to the
"
1204
report to the European
European Parliament, to the
Parliament, to the Council and
Council and to the Administrative Sequence 1
to the Administrative Board.
Board. The Administrative Board
The Administrative board may
may issue recommendations
issue recommendations
regarding changes to this
14237/21
LO/JK/IB/nm
139
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
regarding changes to this
Regulation to the Commission.
Regulation to the Commission.
The evaluation report and the
The evaluation report and the
conclusions on the report shall be
conclusions on the report shall
made public.
be made public.
"
"
Article 4, first paragraph, point (4), introductory part
(4) Article 10 is replaced by
(4) Article 10 is replaced by the
1221
the following:
following:
Sequence 6
Article 4, first paragraph, point (4), amending provision, first paragraph
"
"
1222
Article 10
Article 10
Sequence 6
Article 4, first paragraph, point (4), amending provision, second paragraph
Inspection procedure
Inspection procedure
1223
Sequence 6
14237/21
LO/JK/IB/nm
140
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (4), amending provision, third paragraph
For the purpose of verifying
For the purpose of verifying
compliance with applicable
compliance with applicable laws,
Sequence 6
laws, regulations and relevant
regulations and relevant
international conservation and
international conservation and
management measures,
management measures, Member
1224
Member States shall apply the
States shall apply the provisions of
provisions of Chapter I of
Chapter I of Title VII of
Title VII of Regulation (EC)
Regulation (EC) No 1224/2009.
No 1224/2009.
"
"
Article 4, first paragraph, point (5), introductory part
(5) in Article 11, paragraphs 1
(5) in Article 11, paragraphs 1
1225
and 2 are replaced by the
and 2 are replaced by the
Sequence 6
following:
following:
Article 4, first paragraph, point (5), amending provision(1), introductory part
"
"
1. If the information collected
1. If the information collected
Sequence 6
during the inspection provides
during the inspection
or any other
evidence that leads the official
1226
relevant data or information
to believe that a fishing vessel
provides evidence that leads the
has engaged in IUU fishing in
official to believe that a fishing
accordance with Article 3, the
vessel has engaged in IUU fishing
official shall:
in accordance with Article 3, the
official shall
: carry out the duties
14237/21
LO/JK/IB/nm
141
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
set out in Article 82 of Regulation
(EC) No 1224/2009.
Article 4, first paragraph, point (5), amending provision(1)(1)
(1) record the suspected
(1) record the suspected
1227
infringement in the inspection
infringement in the inspection
Sequence 6
report;
report;
Article 4, first paragraph, point (5), amending provision(1)(2)
(2) take all necessary action to
(2) take all necessary action to
ensure safekeeping of the
ensure safekeeping of the evidence
1228
Sequence 6
evidence pertaining to such
pertaining to such suspected
suspected infringement;
infringement;
Article 4, first paragraph, point (5), amending provision(1)(3)
(3) immediately forward the
(3) immediately forward the
1229
inspection report to the
inspection report to the competent Sequence 6
competent authority.
authority.
14237/21
LO/JK/IB/nm
142
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (5), amending provision(2)
2. If the results of the
2. If the results of the inspection
inspection provide evidence
provide evidence that a third
Sequence 6
that a third country fishing
country fishing vessel has engaged
vessel has engaged in IUU
in IUU fishing in accordance with
fishing in accordance with
Article 3, the competent authority
Article 3, the competent
of the port Member State shall not
1230
authority of the port Member
authorise such vessels to land or
State shall not authorise such
tranship their catch or to have
vessels to land or tranship
access to port services.
their catch or to have access to
"
port services.
"
Article 4, first paragraph, point (5a)
Support to add the following
text:
1230a
(5a) The heading of Chapter III
is replaced as follows:
"Catch certification scheme for
fishery products"
14237/21
LO/JK/IB/nm
143
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (5b)
Support to the following text:
1230b
(5b) In Article 12, paragraph 5
is deleted
Article 4, first paragraph, point (6), introductory part
(6) the following Articles 12a
(6) the following Articles 12a to
1231
to 12e are inserted:
12e are inserted:
Sequence 5
Article 4, first paragraph, point (6), amending provision, first paragraph
"
"
1232
Sequence 5
Article 12a
Article 12a
Article 4, first paragraph, point (6), amending provision, second paragraph
Support to the following text:
Integrated computerised
Integrated computerised
information exchange,
information exchange,
Integrated computerised
management and storage,
management and storage,
information exchange,
1233
submission, validation and
submission, validation and
management and storage,
quantity management under
quantity management under the
submission, validation and
the Catch Certification
Catch Certification Scheme for
quantity management under the
Scheme for importation and
importation and exportation of
Catch Certification Scheme
exportation of fishery products
fishery products (CATCH)
(CATCH)
14237/21
LO/JK/IB/nm
144
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
(CATCH)
Sequence 5
Article 4, first paragraph, point (6), amending provision(1)
Support to the following text:
1. For the purpose of allowing
1. For the purpose of allowing the
the integrated management,
integrated management, handling,
1. For the purpose of allowing
handling, storage and
storage and exchange of
the integrated management,
exchange of information and
information and documents
handling, storage and exchange
documents relevant for official
relevant for official checks,
of information and documents
checks, verifications, controls
verifications, controls and other
relevant for official checks,
and other relevant official
relevant official activities
verifications, controls and other
activities concerning
concerning importation and
relevant official activities
importation and exportation of
exportationre-exportation of
concerning importation, re-
fishery products, a digital
fishery products, a digital
exportation and, where relevant,
1234
information management
information management system
exportation of fishery products,
system (CATCH) for the
(CATCH) for the Catch
a digital information
Catch Certification Scheme
Certification Scheme shall be
management system (CATCH)
shall be established by the
established by the Commission in
for the Catch Certification
Commission in line with
line with Articles 12b to 12d. The
Scheme shall be established by
Articles 12b to 12d. The
CATCH shall be integrated in
the
the Commission in line with
CATCH shall be integrated in
Information Management System
Articles 12b to 12d. The
the Information Management
for Official Controls (IMSOC
CATCH shall be integrated in
System for Official Controls
TRACES referred to in
TRACES referred to in
(IMSOC) established by
Regulation (EU)
established by
Regulation (EU) 2017/625(*).
Regulation 2017/625(*).
Regulation 2017/625(2017/625(*).
Sequence 5
Article 4, first paragraph, point (6), amending provision(2)
GA accepted by EP and COM
1235
2. All exchanges of
2.
All Exchanges of information
information in relation to the
and data in relation to the
Sequence 5
14237/21
LO/JK/IB/nm
145
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
importation of fishery
importation
and re-exportation of
products and related checks,
fishery products and related
risk management, verifications
checks, risk management,
and controls, documents such
verifications and controls,
as importer declarations, catch
documents
referred to in this
certificates, declarations and
Chapter such as importer
authorisations of
declarations, catch certificates,
transhipments, processing
declarations and authorisations of
statements, applications or
transhipments, processing re-
decisions, between the
export certificates statements,
importer and the competent
applications or decisions, between
authorities of Member States,
the importer
and re-exporter and
between Member States
the competent authorities of
competent authorities or
Member States, between Member
between Member States
States competent authorities or
competent authorities and the
between Member States
Commission as foreseen in
competent authorities and the
this Regulation, shall be made
Commission as foreseen in this
using CATCH.
Regulation, shall be made using
CATCH.
Article 4, first paragraph, point (6), amending provision(3)
GA accepted by EP and COM
3. The Commission is
3. The Commission is empowered
empowered to adopt delegated
to adopt delegated acts in
Sequence 5
acts in accordance with the
accordance with the Article 54b
1236
Article 54b concerning the
concerning the cases where, and
cases where, and the
the conditions under which,
conditions under which,
temporary exemptions from the
temporary exemptions from
application of paragraph
32 of this
the application of paragraph 3
Article can be established.
14237/21
LO/JK/IB/nm
146
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
of this Article can be
established.
Article 4, first paragraph, point (6), amending provision(4)
GA accepted by EP and COM
4. Member States' competent
4. Member States' competent
authorities shall use the
authorities shall use the
Sequence 5
information submitted by
information submitted by
importers by use of the
importers by use of the CATCH,
CATCH, as established under
as established under
paragraph
paragraph 16(1), for quantity
Article 16(1), for quantity
management as well as, based
management as well as, based on
1237
on risk management, for
risk management, for carrying out
carrying out their checks and
their checks and verifications and
verifications and for taking
for taking decisions as established
decisions as established under
under this Chapter and delegated
this Chapter and delegated and
and implementing acts referred to
implementing acts referred to
in this Chapter and in Article 54a
in this Chapter and in Article
of this Regulation.
54a of this Regulation.
Article 4, first paragraph, point (6), amending provision, seventh paragraph
COM proposal accepted by
Article 12b
Article 12b
Council and EP
1238
Article 4, first paragraph, point (6), amending provision, eighth paragraph
1239
General functionalities of the
General functionalities of the
COM proposal accepted by
14237/21
LO/JK/IB/nm
147
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
CATCH
CATCH
Council and EP
Article 4, first paragraph, point (6), amending provision(1)
GA accepted by EP and COM
The CATCH shall:
1. The CATCH shall:
1240
Sequence 5
Article 4, first paragraph, point (6), amending provision(1)(a)
GA accepted by EP and COM.
(a) allow for the computerised
(a) allow for the computerised
submission, handling,
submission, handling,
Sequence 5
management and exchange of
management and exchange of
information, data and
information, data and documents
documents necessary for the
necessary for the performance of
performance of checks, risk
checks, risk management,
management, verifications,
verifications, controls
, quantity
controls and decisions as
management and decisions as
referred to in this Chapter, the
referred to in this Chapter
, and the
related rules in Commission
related
rules in Commission
1241
Regulation (EC) No.
Regulation (EC) No. 1010/2009
1010/2009 and delegated and
and delegated and implementing
implementing acts referred to
acts referred to in this Chapter and
in this Chapter and in Article
in Article 54a of this Regulation,
54a of this Regulation, among
among Member States' competent
Member States' competent
authorities, between Member
authorities, between Member
States' competent authorities and
States' competent authorities
the Commission and, where
and the Commission and,
appropriate, between Member
where appropriate, between
States' competent authorities
and
Member States' competent
the Commission, with competent
14237/21
LO/JK/IB/nm
148
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
authorities and the
authorities of flag States, countries
Commission with competent
of processing and other third
authorities of flag States,
countries concerned, importers
countries of processing and
and exporters;
other third countries
concerned, importers and
exporters;
Article 4, first paragraph, point (6), amending provision(1)(b)
GA accepted by EP and COM.
(b) provide for a quantity
(b) provide for a quantity
management mechanism,
management mechanism, which
which ensures that the product
ensures that the
product weight
Sequence 5
weight declared by the
declared by the importers for
importers for imports under
importsof the raw material for
1242
one catch certificate are not
one or several importations under
higher than the weight
one
single catch certificate
areis
recorded and validated in such
not higher than the weight
catch certificate;
recorded and validated in such
catch certificate;
Article 4, first paragraph, point (6), amending provision(1)(c)
GA accepted by EP and COM.
(c) provide for the possibility
(c)
by … [24 months after the
of exchange of information,
date of application of this
data and documents relevant
Regulation] provide for the
1243
Sequence 5
for the importation and
possibility of exchange of
exportation of fishery products
information, data and documents
in accordance with the
relevant for the importation and
provisions of this Chapter and
exportationre-exportation of
14237/21
LO/JK/IB/nm
149
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
delegated and implementing
fishery products in accordance
acts referred to in this Chapter
with the provisions of this Chapter
and in Article 54a of this
and
the related delegated and
Regulation, with other
implementing acts
referred to in
Member States' authorities and
this Chapter and in Article 54a of
with Member States' customs
this Regulation, with other
authorities through the EU
Member States' authorities and
Single Window;
with Member States' customs
authorities through the EU Single
Window;
Article 4, first paragraph, point (6), amending provision(1)(d)
COM proposal accepted by
(d) provide for the possibility
(d) provide for the possibility of
Council and EP
1244
of electronic risk management
electronic risk management and
and analysis.
analysis.
Sequence 5
Article 4, first paragraph, point (6), amending provision(2)
GA accepted by EP and COM.
2. The CATCH may interoperate
with other systems relevant for
the fight against IUU fishing,
1244a
Sequence 5
including through an interface
with existing and fully
functioning national IT-systems.
Article 4, first paragraph, point (6), amending provision, tenth paragraph
COM proposal accepted by
1245
Article 12c
Article 12c
Council and EP
14237/21
LO/JK/IB/nm
150
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Sequence 5
Article 4, first paragraph, point (6), amending provision, eleventh paragraph
COM proposal accepted by
The functioning of the
The functioning of the CATCH
Council and EP
1246
CATCH
Sequence 5
Article 4, first paragraph, point (6), amending provision, twelfth paragraph,
introductory part
GA accepted by EP and COM
In accordance with the rules
In accordance with the rules laid
laid down for IMSOC, the
down for
IMSOCTRACES, the
Sequence 5
Commission may adopt
Commission may adopt
1247
implementing acts for the
implementing acts for the
functioning of the CATCH
functioning of the CATCH which
which lay down:
lay down:
Article 4, first paragraph, point (6), amending provision, twelfth paragraph(a)
GA accepted by EP and COM
(a) the technical specifications
(a) the technical specifications of
of the CATCH as a system
the CATCH as a system
Sequence 5
component of IMSOC,
component of
IMSOCTRACES,
including the electronic data
including the electronic data
1248
exchange mechanism for
exchange mechanism for
exchanges with existing
exchanges with existing national
national systems,
and other systems, identification
identification of applicable
of applicable standards, definition
standards, definition of
of message structures
, access
message structures, data
condition, data dictionaries,
14237/21
LO/JK/IB/nm
151
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
dictionaries, exchange of
exchange of protocols and
protocols and procedures;
procedures;
Article 4, first paragraph, point (6), amending provision, twelfth paragraph(b)
COM proposal accepted by
(b) the specific rules for the
(b) the specific rules for the
Council and EP
functioning of the CATCH
functioning of the CATCH and of
and of its system components
its system components to ensure
1249
Sequence 5
to ensure protection of
protection of personal data and
personal data and security of
security of exchange of
exchange of information;
information;
Article 4, first paragraph, point (6), amending provision, twelfth paragraph(c)
COM proposal accepted by
(c) contingency arrangements
(c) contingency arrangements to
Council and EP
to be applied in the event of
be applied in the event of
1250
unavailability of any of the
unavailability of any of the
functionalities of the CATCH;
functionalities of the CATCH;
Sequence 5
Article 4, first paragraph, point (6), amending provision, twelfth paragraph(d)
GA accepted by EP and COM.
(d) the cases where, and the
(d) the cases where, and the
conditions under which, the
conditions under which, the third
Sequence 5
third countries and regional
countries and regional fisheries
1251
fisheries management
management organisations
organisations referred to in
referred to in Article 13 of this
Article 13 of this Regulation
Regulation
or other international
may be granted partial access
organisations may be granted
to the functionalities of the
partial access to the functionalities
14237/21
LO/JK/IB/nm
152
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
CATCH and the practical
of the CATCH and the
practical
arrangements of such access;
arrangements technical
specifications of such access;
Article 4, first paragraph, point (6), amending provision, twelfth paragraph(e)
GA accepted by EP and COM.
(e) the rules under which
(e) the rules under which
electronic documents,
electronic documents
, including
Sequence 5
including the electronic
the electronic signature, are
signature, validated or
validated
or endorsed by the
1252
endorsed by the competent
competent authorities of third
authorities of third countries
countries can be accepted by the
can be accepted by the
competent authoritiesin
competent authorities;
accordance with the Regulation
(EU) 2014/910;
14237/21
LO/JK/IB/nm
153
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (6), amending provision, twelfth paragraph(f)
GA accepted by EP and COM
(f) the templates, forms and
(f) the templates, forms and rules,
rules, including for electronic
including for electronic formats,
Sequence 5
formats, for the issuance of
for the issuance of official
official documents foreseen
documents foreseen under this
under this Regulation, other
Regulation, other than the
1253
than the specimen foreseen in
specimen foreseen in
Annex II and
Annex II and its Appendix as
its Appendix as well as the form
well as the form foreseen in
foreseen in Annex IV of this
Annex IV of this Regulation.
Regulation. this Chapter and
related Annexes
Article 4, first paragraph, point (6), amending provision, thirteenth paragraph
COM proposal accepted by
Those implementing acts shall
Those implementing acts shall be
Council and EP
be adopted in accordance with
adopted in accordance with the
1254
the procedure referred to in
procedure referred to in Article
Sequence 5
Article 54(2).
54(2).
Article 4, first paragraph, point (6), amending provision, fourteenth paragraph
COM proposal accepted by
Article 12d
Article 12d
Council and EP
1255
Sequence 5
Article 4, first paragraph, point (6), amending provision, fifteenth paragraph
COM proposal accepted by
1256
Protection of personal data
Protection of personal data
Council and EP
14237/21
LO/JK/IB/nm
154
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Sequence 5
Article 4, first paragraph, point (6), amending provision(1)
Updated COM proposal
1. Regulation (EU) 2016/679
1. Regulation (EU) 2016/679 of
accepted by Council and EP
of the European Parliament
the European Parliament and of
and of the Council(**) and
the Council(**) and Regulation
1. Regulation (EU) 2016/679 of
Regulation (EU) 2018/XX of
(EU) 2018/XX of the European
the European Parliament and of
the European Parliament and
Parliament and of the
the Council(**) and Regulation
of the Council(***) shall
Council(***) shall apply to the
(EU) 2018/1725 of the European
apply to the extent that the
extent that the information
Parliament and of the
information processed through
processed through the CATCH
Council(***) shall apply to the
1257
the CATCH contains personal
contains personal data as defined
extent that the information
data as defined in Article 4(1)
in Article 4(1) of Regulation (EU) processed through the CATCH
of Regulation (EU) 2016/679.
2016/679.
contains personal data as defined
in Article 4(1) of Regulation
(EU) 2016/679.
Sequence 5
Article 4, first paragraph, point (6), amending provision(2)
COM proposal accepted by
2. In relation to their
2. In relation to their
Council and EP
responsibilities to transmit the
responsibilities to transmit the
relevant information to the
relevant information to the
1258
Sequence 5
CATCH and the processing of
CATCH and the processing of any
any personal data that might
personal data that might result
result from that activity, the
from that activity, the competent
competent authorities of the
authorities of the Member States
14237/21
LO/JK/IB/nm
155
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Member States shall be
shall be regarded as controllers as
regarded as controllers as
defined in Article 4(7) of
defined in Article 4(7) of
Regulation (EU) 2016/679.
Regulation (EU) 2016/679.
Article 4, first paragraph, point (6), amending provision(3), first subparagraph
GA accepted by EP and COM
3. The Commission shall be
3. The Commission shall be
regarded as controller as
regarded as controller as defined
Sequence 5
defined in point (b) of Article
in point
(b)(8) of Article
3(2)3 of
3(2) of Regulation (EU)
Regulation (EU)
1259
2018/XX in relation to its
2018/XX2018/1725 in relation to
responsibility to manage the
its responsibility to manage the
CATCH and the processing of
CATCH and the processing of any
any personal data that might
personal data that might result
result from that activity.
from that activity.
Article 4, first paragraph, point (6), amending provision(3), second
subparagraph
COM proposal accepted by
Member States and the
Member States and the
Council and EP
Commission shall ensure that
Commission shall ensure that the
the CATCH complies with the
CATCH complies with the rules
1260
rules on personal data
on personal data protection
Sequence 5
protection established under
established under Articles 134 and
Articles 134 and 135 of
135 of Regulation (EU) 2017/625.
Regulation (EU) 2017/625.
14237/21
LO/JK/IB/nm
156
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (6), amending provision, nineteenth
paragraph
COM proposal accepted by
Article 12e
Article 12e
Council and EP
1261
Sequence 5
Article 4, first paragraph, point (6), amending provision, twentieth paragraph
COM proposal accepted by
Data security
Data security
Council and EP
1262
"
"
Sequence 5
Article 4, first paragraph, point (7)
COM proposal accepted by
(7) Member States and the
(7) Member States and the
Council and EP
Commission shall ensure that
Commission shall ensure that the
the CATCH complies with the
CATCH complies with the rules
Sequence 5
1263
rules on data security
on data security established under
established under Articles 134
Articles 134 and 136 of
and 136 of Regulation (EU)
Regulation (EU) 2017/625.
2017/625.
Article 4, first paragraph, point (7a), introductory part
GA accepted by EP and COM
(7a) in Article 14, paragraph 1 is
1263a
replaced by the following:
Sequence 5
14237/21
LO/JK/IB/nm
157
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (7a), amending provision(1), introductory part
"
1. In order to import fishery
Sequence 5
products transported in the same
form to the Union from a third
country other than the flag State
1263b
or State of processing referred to
in paragraph 2 of this Article, the
importer shall submit to the
authorities of the Member States
of importation:
Article 4, first paragraph, point (7a), amending provision(1)(a)
GA accepted by EP and COM
(a) the catch certificate(s)
validated by the flag State and, if
Sequence 5
1263c
relevant, the statement endorsed
referred to in paragraph 2 of this
Article, as follows:
Article 4, first paragraph, point (7a), amending provision(1)(a)(i)
GA accepted by EP and COM
(i) the original catch
certificate(s) and, if relevant, the
Sequence 5
original of the statement referred
1263d
to in paragraph 2 of this Article,
of the fishery products concerned
if the total consignment is
exported; or
14237/21
LO/JK/IB/nm
158
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (7a), amending provision(1)(a)(ii)
GA accepted by EP and COM.
(ii) a copy of the original catch
certificate(s) and, if relevant, a
Sequence 5
copy of the statement referred to
1263e
in paragraph 2 of this Article
where only a part of the fishery
products concerned is exported in
the consignment; and
Article 4, first paragraph, point (7a), amending provision(1)(b)
GA accepted by EP and COM
(b) documented evidence that the fishery products did not undergo
Sequence 5
operations other than unloading,
reloading or any operation
1263f
designed to preserve them in good
and genuine condition, and
remained under the surveillance
of the competent authorities in
that third country.
Article 4, first paragraph, point (7a), amending provision, first paragraph
GA accepted by EP and COM
1263g
Documented evidence shall be
provided by means of:
Sequence 5
14237/21
LO/JK/IB/nm
159
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (7a), amending provision(1)(b)(i)
GA accepted by EP and COM
(i) if the whole consignment
related to a catch certificate and,
Sequence 5
if relevant, to the statement
referred to in paragraph 2 is
1263h
exported, the single transport
document issued to cover the
passage from the territory of the
flag State or processing State
through that third country; or
Article 4, first paragraph, point (7a), amending provision(1)(b)(ii)
GA accepted by EP and COM
(ii) if the original consignment
related to a catch certificate and,
Sequence 5
if relevant, to the statement
1263i
referred to in paragraph 2 is split,
a document issued by the
competent authorities of that
third country:
Article 4, first paragraph, point (7a), amending provision(1)(b)(ii), first indent
GA accepted by EP and COM.
- giving an exact description of
the fishery products and the
Sequence 5
1263j
weight of the exported
consignment, the dates of
unloading and reloading of the
products and, where applicable,
14237/21
LO/JK/IB/nm
160
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
the names of the ships, or the
other means of transport used,
and
Article 4, first paragraph, point (7a), amending provision(1)(b)(ii), second
indent
GA accepted by EP and COM
- indicating the name and
approval number of the storage
Sequence 5
1263k
facility and the conditions under
which the fishery products
remained in that third country.
Article 4, first paragraph, point (7a), amending provision, second paragraph
Where the species concerned are
GA accepted by EP and COM
subject to a regional fisheries
"
management organisation catch
documentation scheme which has Sequence 5
been recognised under Article 13,
the documents referred to above
1263l
may be replaced by the reexport
certificate of that catch
documentation scheme, provided
that the third country has
fulfilled its notification
requirements accordingly.
"
14237/21
LO/JK/IB/nm
161
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (8), introductory part
GA accepted by EP and COM
(8) in Article 14, paragraph 2
(8) in Article 14, paragraph 2 is
1264
is replaced by the following:
replaced by the following:
Sequence 5
Article 4, first paragraph, point (8), amending provision(2), first subparagraph,
introductory part
COM proposal accepted by
‘
‘
Council and EP
2. In order to import fishery
2. In order to import fishery
products constituting one
products constituting one single
Sequence 5
single consignment and which
consignment and which have been
have been processed in a third
processed in a third country, the
country, the importer shall
importer shall submit to the
submit to the authorities of the
authorities of the Member State of
1265
Member State of importation a
importation a statement
statement established by the
established by the processing plant
processing plant in that third
in that third country and endorsed
country and endorsed by its
by its competent authorities in
competent authorities in
accordance with the form in
accordance with the form in
Annex IV:
Annex IV:
Article 4, first paragraph, point (8), amending provision(2), first
subparagraph(a)
COM proposal accepted by
(a) giving an exact description
(a) giving an exact description of
Council and EP
1266
of the unprocessed and
the unprocessed and processed
processed products and their
products and their respective
Sequence 5
respective quantities;
quantities;
14237/21
LO/JK/IB/nm
162
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (8), amending provision(2), first
subparagraph(b)
COM proposal accepted by
(b) indicating that the
(b) indicating that the processed
Council and EP
processed products have been
products have been processed in
processed in that third country
that third country from catches
1267
Sequence 5
from catches accompanied by
accompanied by catch
catch certificate(s) validated
certificate(s) validated by the flag
by the flag State; and
State; and
Article 4, first paragraph, point (8), amending provision(2), first
subparagraph(c), introductory part
COM proposal accepted by
(c) accompanied by:
(c) accompanied by:
Council and EP
1268
Sequence 5
Article 4, first paragraph, point (8), amending provision(2), first
subparagraph(c)(i)
COM proposal accepted by
(i) the original catch
(i) the original catch certificate(s)
Council and EP
certificate(s) where the totality
where the totality of the catches
of the catches concerned has
concerned has been used for the
Sequence 5
1269
been used for the processing
processing of the fishery products
of the fishery products
exported in a single consignment;
exported in a single
or
consignment; or
14237/21
LO/JK/IB/nm
163
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (8), amending provision(2), first
subparagraph(c)(ii)
COM proposal accepted by
(ii) a copy of the original
(ii) a copy of the original catch
Council and EP
catch certificate(s), where part
certificate(s), where part of the
of the catches concerned has
catches concerned has been used
Sequence 5
1270
been used for the processing
for the processing of the fishery
of the fishery products
products exported in a single
exported in a single
consignment.
consignment.
Article 4, first paragraph, point (8), amending provision(2), second
subparagraph, introductory part
GA accepted by EP and COM
For the purposes of trade
For the purposes of trade
facilitation, the endorsement
facilitation, the endorsement of the
1271
of the statement by competent
statement by competent authorities Sequence 5
authorities is not required if:
is not required if:
Article 4, first paragraph, point (8), amending provision(2), second
subparagraph(d)
GA accepted by EP and COM
(d) the fishery products
(d) the fishery products
concerned are caught by
concerned are caught by fishing
Sequence 5
fishing vessels flying the flag
vessels flying the flag of the
1272
of the country where those
country where those fishery
fishery products are processed
products are processed and;
and;
14237/21
LO/JK/IB/nm
164
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (8), amending provision(2), second
subparagraph(e)
GA accepted by EP and COM
(e) the competent authority
(e) the competent authority for
for endorsement is identical to
endorsement is identical to the
Sequence 5
the flag State authority
flag State authority competent for
competent for catch certificate
catch certificate validation as
1273
validation as notified to the
notified to the Commission in
Commission in accordance
accordance with Article 20(1) of
with Article 20(1) of this
this Regulation.
Regulation.
Article 4, first paragraph, point (8), amending provision(2), third
subparagraph
COM proposal accepted by
Where the species concerned
Where the species concerned are
Council and EP
are subject to a regional
subject to a regional fisheries
fisheries management
management organisations catch
Sequence 5
organisations catch
documentation scheme which has
documentation scheme which
been recognised under Article 13,
has been recognised under
the statement may be replaced by
Article 13, the statement may
the re-export certificate of that
1274
be replaced by the re-export
catch documentation scheme,
certificate of that catch
provided that the third country of
documentation scheme,
processing has fulfilled its
provided that the third country
notification requirements
of processing has fulfilled its
accordingly.
notification requirements
accordingly.
14237/21
LO/JK/IB/nm
165
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (8), amending provision(2), fourth
subparagraph
COM proposal accepted by
(*) Regulation (EU) 2017/625
(*) Regulation (EU) 2017/625 of
Council and EP
of the European Parliament
the European Parliament and of
and of the Council of 15
the Council of 15 March 2017 on
Sequence 5
March 2017 on official
official controls and other official
controls and other official
activities performed to ensure the
activities performed to ensure
application of food and feed law,
1275
the application of food and
rules on animal health and
feed law, rules on animal
welfare, plant health and plant
health and welfare, plant
protection products (OJ L 95,
health and plant protection
7.4.2017, p. 1)
products (OJ L 95, 7.4.2017,
p. 1)
Article 4, first paragraph, point (8), amending provision(2), fifth subparagraph
COM proposal accepted by
(**) Regulation (EU)
(**) Regulation (EU) 2016/679 of
Council and EP
2016/679 of the European
the European Parliament and of
Parliament and of the Council
the Council of 27 April 2016 on
of 27 April 2016 on the
the protection of natural persons
Sequence 5
protection of natural persons
with regard to the processing of
with regard to the processing
personal data and on the free
1276
of personal data and on the
movement of such data, and
free movement of such data,
repealing Directive 95/46/EC
and repealing Directive
(General Data Protection
95/46/EC (General Data
Regulation) (OJ L119, 4.5.2016,
Protection Regulation) (OJ
p. 1).
L119, 4.5.2016, p. 1).
14237/21
LO/JK/IB/nm
166
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (8), amending provision(2), sixth
subparagraph
GA accepted by EP and COM
(***) Proposal for a
(***) Proposal for a Regulation
Regulation of the European
Regulation (EU) 2018/1725 of the Sequence 5
Parliament and of the Council
European Parliament and of the
on the protection of
Council
of 23 October 2018 on
individuals with regard to the
the protection of
processing of personal data by
individualsnatural persons with
the Union institutions, bodies,
regard to the processing of
offices and agencies and on
personal data by the Union
1277
the free movement of such
institutions, bodies, offices and
data, and repealing Regulation
agencies and on the free
(EC) No 45/2001 and Decision
movement of such data, and
No 1247/2002/EC (COM
repealing Regulation (EC) No
(2017)8 final, 10.1.2017).
45/2001 and Decision No
"
1247/2002/EC (
COM (2017)8
final, 10.1.2017OJ L 295,
21.11.2018, p. 39).
"
Article 4, first paragraph, point (9), introductory part
COM proposal accepted by
(9) in Article 16, paragraph 1
(9) in Article 16, paragraph 1 is
Council and EP
1278
is replaced by the following:
replaced by the following:
Sequence 5
Article 4, first paragraph, point (9), amending provision(1)
GA accepted by EP and COM
1279
"
"
1. The importer of fishery
1. The importer of fishery
Sequence 5
14237/21
LO/JK/IB/nm
167
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
products into the Union shall
products into the Union shall
submit the catch certificate, as
submit the catch certificate, as
established in Article 12(4),
established in Article 12(4),
together with its transport
together with its transport details
details as specified in
as specified in appendix of Annex
appendix of Annex II, the
II, the statement of the processing
statement of the processing
plant as established in Article
plant as established in Article
14(2) and other information as
14(2) and other information as
required in Articles 12, 14, and 17,
required in Articles 12, 14,
electronically via CATCH to the
and 17, electronically via
competent authorities of the
CATCH to the competent
Member State in which the
authorities of the Member
product is intended to be
State in which the product is
imported. The catch certificate
intended to be imported. The
together with
its transport details,
catch certificate together with
the statement of the processing
its transport details, the
plant and other information as
statement of the processing
required in Articles 12 and 14
plant and other information as
haveall the relevant
required in Articles 12 and 14
accompanying documents has to
have to be submitted at least
be submitted at least three
three working days before the
working days before the estimated
estimated time of arrival at the
time of arrival at the place of entry
place of entry into the territory
into the territory of the Union. The
of the Union. The deadline of
deadline of three working days
three working days may be
may be adapted according to the
adapted according to the type
type of fishery product, the
of fishery product, the distance
distance to the place of entry into
to the place of entry into the
the territory of the Union or the
territory of the Union or the
transport means used. Those
transport means used. Those
competent authorities shall, on the
competent authorities shall, on
basis of risk management, check
14237/21
LO/JK/IB/nm
168
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
the basis of risk management,
all submitted documents, in
check all submitted
particular the catch certificate in
documents, in particular the
the light of the information
catch certificate in the light of
provided in the notification
the information provided in
received from the flag State in
the notification received from
accordance with Articles 20 and
the flag State in accordance
22.
with Articles 20 and 22.
"
"
Article 4, first paragraph, point (9a), introductory part
GA accepted by EP and COM
(9a) In Article 17, paragraph 3 is
1279a
replaced by the following:
Sequence 5
Article 4, first paragraph, point (9a), amending provision,(3)
GA accepted by EP and COM
"
3. Verification shall focus on
Sequence 5
risks identified on the basis of
risk-management criteria
determined at Union level. In
addition, Member States may
1279b
develop additional national
criteria for the same purpose.
Member States shall notify to the
Commission their national
criteria and any updates thereof.
The Union criteria shall be
determined in accordance with
14237/21
LO/JK/IB/nm
169
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
the examination procedure
referred to in Article 54(2).
"
Article 4, first paragraph, point (16), introductory part
COM proposal accepted by
(16) the following Articles
(16) the following Articles 54a
Council and EP
1300
54a and 54b are inserted:
and 54b are inserted:
Sequence 5
Article 4, first paragraph, point (16), amending provision, first paragraph
COM proposal accepted by
"
"
Council and EP
1301
Article 54a
Article 54a
Sequence 5
Article 4, first paragraph, point (16), amending provision, second paragraph
COM proposal accepted by
Amendment of Annexes
Amendment of Annexes
Council and EP
1302
Sequence 5
Article 4, first paragraph, point (16), amending provision, third paragraph
Support the following text:
The Commission is
The Commission is empowered to
empowered to adopt delegated
adopt delegated acts in accordance The Commission is empowered
acts in accordance with Article
with Article 54b amending Annex to adopt delegated acts in
1303
54b amending Annex II with
I, II with its Appendix
, Annex IV
accordance with Article 54b
its Appendix and Annex IV, in
and documents referred to in
amending Annex I, Annex II,
order to take into account
Article 14 (1) and Annex IV, in
including its Appendix, and
international developments in
order to take into account
Annex IV, as well as
14237/21
LO/JK/IB/nm
170
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
catch documentation schemes,
international developments in
supplementing this Regulation
scientific developments and
catch documentation schemes,
by adopting and keeping up to
technical progress including
scientific developments and
date a template for the document
adaptations for the purpose of
technical progress including
referred to in point (b)(ii) of
the implementation of the
adaptations for the purpose of the
Article 14(1), in order to take
CATCH.
implementation of the CATCH.
into account international
developments in catch
documentation schemes,
scientific developments and
technical progress, including
adaptations for the purpose of
the implementation of the
CATCH. The Commission is
also empowered, in accordance
with the same procedure, to
amend Annex I each year on the
basis of the information
collected under Chapters II, III,
IV, V, VIII, X and XII.
Sequence 5
Article 4, first paragraph, point (16), amending provision, fourth paragraph
COM proposal accepted by
Article 54b
Article 54b
Council and EP
1304
Sequence 5
14237/21
LO/JK/IB/nm
171
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (16), amending provision, fifth paragraph
COM proposal accepted by
Exercise of the delegation
Exercise of the delegation
Council and EP
1305
Sequence 5
Article 4, first paragraph, point (16), amending provision(1)
COM proposal accepted by
1. The power to adopt
1. The power to adopt delegated
Council and EP
delegated acts is conferred on
acts is conferred on the
1306
the Commission subject to the
Commission subject to the
Sequence 5
conditions laid down in this
conditions laid down in this
Article.
Article.
Article 4, first paragraph, point (16), amending provision(2)
COM proposal accepted by
2. The delegation of powers
2. The delegation of powers
Council and EP
referred to in Articles 12a(3)
referred to in Articles 12a(3) and
1307
and 54a shall be conferred for
54a shall be conferred for an
Sequence 5
an indeterminate period of
indeterminate period of time.
time.
Article 4, first paragraph, point (16), amending provision(3)
COM proposal accepted by
3. The delegation of powers
3. The delegation of powers
Council and EP
referred to in Articles 12a(3)
referred to in Articles 12a(3) and
1308
and 54a may be revoked at any
54a may be revoked at any time
Sequence 5
time by the European
by the European Parliament or by
Parliament or by the Council.
the Council. A decision of
A decision of revocation shall
revocation shall put an end to the
14237/21
LO/JK/IB/nm
172
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
put an end to the delegation of
delegation of the power specified
the power specified in that
in that decision. It shall take effect
decision. It shall take effect
the day following the publication
the day following the
of the decision in the Official
publication of the decision in
Journal of the European Union or
the Official Journal of the
at a later date specified therein. It
European Union or at a later
shall not affect the validity of any
date specified therein. It shall
delegated acts already in force.
not affect the validity of any
delegated acts already in force.
Article 4, first paragraph, point (16), amending provision(4)
COM proposal accepted by
4. As soon as it adopts a
4. As soon as it adopts a
Council and EP
delegated act, the Commission
delegated act, the Commission
1309
shall notify it simultaneously
shall notify it simultaneously to
Sequence 5
to the European Parliament
the European Parliament and to
and to the Council.
the Council.
Article 4, first paragraph, point (16), amending provision(5)
COM proposal accepted by
5. A delegated act adopted
5. A delegated act adopted
Council and EP
pursuant to Articles 12a(3) and
pursuant to Articles 12a(3) and
54a shall enter into force only
54a shall enter into force only if
Sequence 5
if no objection has been
no objection has been expressed
1310
expressed either by the
either by the European Parliament
European Parliament or the
or the Council within a period of 2
Council within a period of 2
months of notification of that act
months of notification of that
to the European Parliament and
act to the European Parliament
the Council or if, before the expiry
14237/21
LO/JK/IB/nm
173
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
and the Council or if, before
of that period, the European
the expiry of that period, the
Parliament and the Council have
European Parliament and the
both informed the Commission
Council have both informed
that they will not object. That
the Commission that they will
period shall be extended by 2
not object. That period shall be
months at the initiative of the
extended by 2 months at the
European Parliament or the
initiative of the European
Council.
Parliament or the Council.
"
"
Article 4, first paragraph, point (17)
COM proposal accepted by
(17) Annex II and its
(17) Annex II and its Appendix
Council and EP
Appendix are replaced by the
are replaced by the text set out in
1311
text set out in Annex II to this
Annex II to this Regulation.
Sequence 5
Regulation.
Article 4, first paragraph, point (18), introductory part
COM proposal accepted by
(18) in Annex IV, the
(18) in Annex IV, the
Council and EP
1312
introductory sentence is
introductory sentence is replaced
replaced by the following:
by the following:
Sequence 5
Article 4, first paragraph, point (18), amending provision, first paragraph
GA accepted by EP and COM.
“
1312a
DOCUMENT NUMBER (insert
document number)
Sequence 5
14237/21
LO/JK/IB/nm
174
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
14237/21
LO/JK/IB/nm
175
LIFE.2
LIMITE
EN
Annex 1
2018/0193 (COD)
Commission Proposal
EP Mandate
Presidency’s proposed
Council Mandate
mandate
Article 4, first paragraph, point (18), amending provision, first paragraph
COM proposal accepted by
“
I confirm that the processed
Council and EP
I confirm that the processed
fishery products: … (product
fishery products: … (product
description and Combined
description and Combined
Nomenclature code) have been
Sequence 5
1313
Nomenclature code) have been
obtained from catches under the
obtained from catches under
following catch certificate(s):”
the following catch
“
certificate(s):”
“
14237/21
LO/JK/IB/nm
176
LIFE.2
LIMITE
EN
Annex 2
Comment:
The Presidency suggests to modify the GA as follows (sections in which changes to the GA are suggested are
highlighed in grey for better visibility):
ANNEX II
Annex II to Regulation (EC) No 1005/2008 and the Appendix to that Annex are replaced by the following:
‘
ANNEX II – European Union Catch Certificate and Re-Export Certificate
(i) EUROPEAN UNION CATCH CERTIFICATE
Document number
Validating Authority
1. Name
Address
Tel.
Fax
2. Fishing Vessel Name
Flag - Home Port & Registration Call Sign
IMO/Lloyd’s Number (if
Number
issued)
number or, if it's
not applicable, other
Unique Vessel Identifier
(if applicable)
Fishing licence No. – Valid to
Inmarsat Mobile satellite service No. Telefax No. Telephone No. E-mail address (if
issued)
Fishing gear (1)
3. Description of Product
Type of processing authorised on 4. References of applicable conservation and
board:
management measures
Estimated live
Catch area(s)
Estimated live
weight to be
Verified Wweight
and catch
weight to be
Species
Product code
landed (Nnet fish
Llanded (net catch
date(s) (from -
landed (net fish
catch weight in
weight in kg) (3)
to) (2)
weight in kg)
kg)
5. Name of master of fishing vessel or of fishing licence holder - Signature - Seal:
6. Declaration of Transhipment at Sea
Signature
Transhipment
Estimated weight (kg)
Name of Master of Fishing vessel
and Date
Date/Area/Position
Master of Receiving Vessel
Signature
Vessel Name
Call Sign
IMO/Lloyds Number (if issued)
number or, if it's not applicable,
other Unique Vessel Identifier (if
applicable)
14237/21
LO/JK/IB/nm
177
LIFE.2
LIMITE
EN
7. Transhipment and/or landing authorisation within a Port Area:
Name
Authority
Signature
Address
Tel.
Port of Landing Date
of Seal (Stamp)
(as appropriate) Landing (as
appropriate
)
Port
of Date
of Name and Seal
transhipment
transhipme
registratio
(Stamp)
(as appropriate) nt
(as n number
appropriate
of
)
receiving
vessel
IMO
number
or, if it's
not
applicable
,
other
Unique
Vessel
Identifier
(if
applicable
)
of
receiving
vessel
8. Name and address of Signature
Date
Seal
Exporter
9. Flag State Authority Validation:
Name/Title
Signature
Date
Seal (Stamp)
10. Transport details : See Appendix 11. Importer Declaration: Company,
name,
address, Signature
Date
Seal
EORI number and contact
details of importer of importer
(specify details) Company,
name,
address, Signature
Date
Seal
EORI number and contact
details of representative of the
importer (specify details)
Product description:
CN code
Product description
Net
Net fishery product
weight in weight in kg
kg
Document under Article 14(1) Yes / no (as References of
Regulation
(EC)
No appropriate)
1005/2008:
Document under Article 14(2) Yes / no (as References (Processing statement document number(s)): of
Regulation
(EC)
No appropriate)
1005/2008:
14237/21
LO/JK/IB/nm
178
LIFE.2
LIMITE
EN
Member State and office of
import
Means of transport upon Transport
document Estimated time of arrival (if submission under Art.
arrival (air, vehicle, ship, train) reference
12(1) of Regulation (EC) No 1005/2008)
Customs declaration number CHVED
number
(if
(if issued)
available)
12. Import control: Authority
Place
Importation
Importation
Verification requested -
authorised(4*)
suspended(4*)
date
13. Refusal of Catch Certificate
Catch certificate refused on the basis of:
(4*)
Art. 18 (1a)
Art. 18 (1b)
Art. 18 (1c)
Art. 18 (1d)
Art. 18 (1e)
Art. 18 (1f)
Art. 18 (1g)
Art. 18 (2a)
Art. 18 (2b)
Art. 18 (2c)
Art. 18 (2d)
(*) Tick as appropriate
(1) Code to be used in accordance with International Standard Statistical Classification of Fishing Gear
(2) Catch area:
-
FAO area(s); and
-
Exclusive Economic Zone(s) and/or High Seas; and
-
Relevant Regional Fisheries Management Organisation Convention Area(s)
(3) To be filled only if verified in the context of an official inspection
(4) Tick as appropriate
14237/21
LO/JK/IB/nm
179
LIFE.2
LIMITE
EN
Annex 3
Overview of sequences
Revision of Fisheries Control
Workplan ("Sequencing of provisions")31
Sequence
Regulations
Main topics
Provisions
(of the concerned regulations)
Sequence 1
EFCA Regulation
EFCA
All provisions of the EFCA regulation for which
2019/473 (Article 2
amendments are suggested, including:
of Commission
• Personal data protection (Article 17)
proposal)
• Agency officials as union inspectors
(Article 19)
• Administrative board (Article 35)
• Revenue of the Agency (Article 44)
• EP Amendments 285 to 293
Sequence 2
Control
Definitions
• Article 4 ("multiannual plan")
Regulation
• definitions that are not linked to Articles
(Article 1 of
and therefore part of other sequences
Commission
proposal)
Sequence 3
Control
Licence and
• New definitions e.g. “fishing vessel”
Regulation
authorisation
(Council GA)
• Licences and authorisations - Articles 6
and 7
• Markings of vessels and gears - Article 8
Sequence 4
Control
Fishing without
• New Article 54d/ EP Amendment 161 and
Regulation
a vessel
EP Amendment 53 (definition of “fishing
without a vessel”)
Sequence 5
IUU Regulation
IT CATCH -
• Articles 12a to 12e, 14, 16, 17, 54a and
(Article 4 of
digital
54b
Commission
management of
• Annexes II and IV to the IUU regulation –
proposal)
catch
catch certificate
certificates
Sequence 6
Control
National control Control Regulation:
Regulation
programme,
• Separate stowage – Article 44
IUU Regulation
surveillance and
• Observers – Article 73
inspections
• Inspections and inspection reports -
Articles 74 to 78
• Union inspectors – Article 79
• National control programmes – Article 93a
• SCIPS – Article 95
IUU Regulation:
• Articles 10 and 11
31 Note that the list of Articles in column 4 is non-exhaustive and specific Articles can be added to
certain sequences during the negotiations.
14237/21
LO/JK/IB/nm
180
LIFE.2
LIMITE
EN
Sequence
Regulations
Main topics
Provisions
(of the concerned regulations)
Sequence 7
Control
Digitalisation of
• Definition of fishing vessels, catching
Regulation and
the catch
vessels – Article 4
SMEFF
reporting
• Logbook - Article 14 (except para 4 on
Regulation
MOT), 15, 15a - logbook – New article
(Regulation (EU)
15aa ( Council GA)
2017/2403)
• Prior notification - Articles 17, 19a,
• Transhipment - Articles 20, 21, 22 (except
Article 21(3) on Margin of tolerance
(MOT))
• New Article 5a of Council General
Approach (Amendments to SMEFF
Regulation, Chapter VI, Article 28
“Transhipment operations”)
• Landing declaration – Articles 23, 24
Sequence 8
Control
Weighing, sales
• Weighing – Articles 59a , 60 and 60a
Regulation
note, etc.
• Sales note – Article 62, 64, 65
• Take-over declaration – Article 65
• Transport document – Article 68 (except
para. 4 on MOT as per EP amendment
205)
Sequence 9
Control
Tracking of
• Definition of vessel position data and
Regulation
fishing vessels &
fishing restricted areas – Article 4
fishing
• VMS - Articles 9 and 9a
restricted areas
• AIS – Articles 10 and 12
• Fishing restricted areas – Article 50
Sequence 10
Control
Enforcement,
Control Regulation:
Regulation and
infringements
• Administrative and criminal sanctions –
IUU Regulation
and sanctions
Article 89 and 89a
• Serious infringements and criteria for
serious infringements – Article 90 and
Annex IV
• Immediate enforcement measure,
accompanying sanctions – Articles 91 and
91a
• Point system – Article 92 and Annex III
• Register of infringements – Article 93
• New Article 93a on Union Register of
infringements (EP amendment 270)
IUU Regulation:
• Article 3 and Chapter IX- Articles 42, 42a
and 43
Sequence 11
Control
Recreational
• Definition of recreational fisheries –
Regulation and
fisheries
Article 4 – EP amendment 48 (new
Mediterranean
definition of "recreational fishing charter
Regulation (EC)
vessel” and EP amendment 49 ( new
No 1967/2006
definition of “pesca-tourism”)
(Article 3 of
• Rules on recreational fisheries - Article 55
Commission
• Article 3 of Commission proposal
proposal)
(amendments to the Med. Regulation (EC)
No 1967/2006)
14237/21
LO/JK/IB/nm
181
LIFE.2
LIMITE
EN
Sequence
Regulations
Main topics
Provisions
(of the concerned regulations)
Sequence 12
Control
Data recording
• Recording of catches by MS – Articles 33,
Regulation
by MS and
34, 35, 36, 37
exchange of data
• Deductions and adjustments – Article 105
to new Article 107a (Council GA)
• Analysis and Exchange of data - Articles
109, 110 and 111
• Protection of personal & confidential data
– Articles 112 and 113
• Website - Article 115
Sequence 13
Control
Control in the
• Definition of lot and batch - EP
Regulation
supply chain
amendments 43 and 44
• Principle for control of marketing - Article
56
• Lots of fishery and aquaculture products –
Article 56a
• Traceability – Article 58
• First sale – Article 59
Sequence 14
Control
Control of
• Fishing capacity - Article 38
Regulation
fishing capacity
• Monitoring of engine power - Articles 39
including
and 39a
Engine power
• Certification of engine power - Article 40
• Verification of engine power and tonnage -
Article 41
Sequence 15
Control
Control of the
• Article 25a (Article 13 in Council GA and
Regulation
landing
EP AMs 340 , 121 to 127, 327)
obligation -
CCTVs
Sequence 16
Control
Margins of
• MOT for the logbook - Article 14(4)
Regulation and
tolerance
• MOT for the transhipment declaration -
Baltic Multiannual
Article 21(3) (EP AM 107)
Plan (MAP)
• MOT for transport Article 68 ( 4) (d) – EP
(Article 5 of
AM 205
Commission
• Article 5 of Commission proposal
proposal)
(amendments to the Baltic Sea MAP
Regulation (EU) 2016/1139)
Sequence 17
Control
Regionalisation
• New Article 46a (Council GA)
Regulation
Sequence 18
IUU Regulation
Safeguard
• New Article 32a IUU Regulation - EP
measures
amendment 295
Sequence 19
Amending
Entry into force
• Article 6 of Commission proposal – EP
Regulation
and date of
amendment 299
(Article 6 of
application of
Commission
some provisions
Proposal)
(not part of
other sequences)
Empowerments to adopt delegated acts and implementing acts => discussed with the provision
Date of application of some provisions => discussed with the provision
14237/21
LO/JK/IB/nm
182
LIFE.2
LIMITE
EN
Document Outline
