Sittings · Document

Draft report (COM(2024)0407 – C100098/2024 – 2024/0224(COD)) 2025-03-07

Proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1026/2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing

Committee on Fisheries

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AM_Com_LegReport

Amendment 22

Eric Sargiacomo

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) In line with the United Nations Convention on the Law of the Sea of 10 December 1982 (‘UNCLOS’) and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 19952 (‘UNFSA’), the management of certain straddling and highly migratory fish stocks requires the cooperation of all the countries whose fleets exploit that stock.

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1 United Nations Convention on the Law of the Sea, OJ L 179, 23.6.1998, p. 3, ELI:

2 Agreement for the implementing of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks, OJ L 189, 3.7.1998, p. 17.

Or. fr

Amendment 23

Luke Ming Flanagan, Emma Fourreau, Sebastian Everding

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) Regulation (EU) No 1026/20123 of the European Parliament and of the Council establishes a framework to allow for the identification and the adoption of measures with regard to third countries which fail to cooperate and allow unsustainable fishing of a stock of common interest for the Union.

(2) Regulation (EU) No 1026/20123 of the European Parliament and of the Council establishes a framework to allow for the identification and the adoption of measures with regard to third countries which fail to cooperate and allow non-sustainable fishing of a stock of common interest for the Union.

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3 Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (OJ L 316, 14.11.2012, p. 34, ELI: http://data.europa.eu/eli/reg/2012/1026/oj.)

Or. en

Amendment 24

Marco Falcone

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

(2a) In particular, the Mediterranean Basin comes with its own set of challenges relating to the sustainable management of fish stocks. The fact that the fleet from North African countries lacks suitable sustainability measures leads to a significant distortion of competition, putting European operators abiding by strict conservation standards at a disadvantage; in the Strait of Sicily, for example, competitiveness and the sustainability of fish stocks are particularly at risk, as a result of the unregulated fishing practices of North African vessels.

Or. it

Amendment 25

Eric Sargiacomo

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 26

Luke Ming Flanagan, Emma Fourreau, Sebastian Everding

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) A definition of ‘failure to cooperate’ should be introduced, to better define, for the purposes of Regulation (EU) No 1026/2012, the scope and meaning of the requirement to cooperate pursuant to UNCLOS and UNFSA.

(4) Definitions of ‘failure to cooperate’ and ‘precautionary approach to fisheries management’ should be introduced, to better define, for the purposes of Regulation (EU) No 1026/2012, the scope and meaning of the requirement to cooperate pursuant to UNCLOS and UNFSA.

Or. en

Amendment 27

Luke Ming Flanagan, Emma Fourreau, Sebastian Everding

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 28

Eric Sargiacomo

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) It is also necessary to clarify that a country may be considered as allowing non-sustainable fishing if it does not implement the necessary fishery management and control measures, including in the framework of RFMOs or the Agreement on Port State Measures.

Or. fr

Amendment 29

Luke Ming Flanagan, Emma Fourreau, Sebastian Everding

Proposal for a regulation

Article 1 – paragraph 1 – point -1 (new)

Regulation (EU) No 1026/2012

Article 2 – paragraph 1 – point f

Present text

Amendment

(-1) in Article 2, point (f) is replaced by the following:

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

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

Or. en

(32012R1026)

Amendment 30

Luke Ming Flanagan, Emma Fourreau, Sebastian Everding

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – introductory part

Text proposed by the Commission

Amendment

(1) in Article 2, the following point (i) is added:

(1) in Article 2, the following points are added:

Or. en

Amendment 31

Luke Ming Flanagan, Emma Fourreau, Sebastian Everding

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1026/2012

Article 2 – paragraph 1– point h a (new)

Text proposed by the Commission

Amendment

(ha) ‘precautionary approach’ to fisheries management’, as referred to in Article 6 of the UN Fish Stocks Agreement and as defined in Article 4 of Regulation (EU) No 1380/2013, means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment;

Or. en

Justification

This definition of the precautionary approach is in line with the UN Fish Stocks Agreement and the CFP 'basic' Regulation.https://www.un.org/depts/los/convention_agreements/texts/fish_stocks_agreement/CONF164_37.htm

Amendment 32

Luke Ming Flanagan, Emma Fourreau, Sebastian Everding

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1026/2012

Article 2 – paragraph 1 – point i – point 4

Text proposed by the Commission

Amendment

(4) undue delays;

(4) undue delays, including in replying to requests and/or engaging in consultations;

Or. en

Amendment 33

Sander Smit

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1026/2012

Article 2 – paragraph 1 – point i – point 8

Text proposed by the Commission

Amendment

(8) systemically insisting upon own positions;

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

Or. en

Amendment 34

Luke Ming Flanagan, Emma Fourreau, Sebastian Everding

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1026/2012

Article 2 – paragraph 1 – point i – point 8

Text proposed by the Commission

Amendment

(8) systemically insisting upon own positions;

(8) systematically insisting upon own positions;

Or. en

Amendment 35

Luke Ming Flanagan, Emma Fourreau, Sebastian Everding

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1026/2012

Article 2 – paragraph 1 – point i – point 9

Text proposed by the Commission

Amendment

(9) refusal to take into account the best available scientific advice regarding the relevant stock or stocks.

(9) refusal to take into account the best available scientific advice

Or. en

Amendment 36

Sander Smit

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1026/2012

Article 2 – paragraph 1 – point i – point 10 b (new)

Text proposed by the Commission

Amendment

(10b) implementing discriminatory measures that impact the fleets of third countries while granting a partial or full exemption from these measures for its own fleet;

Or. en

Amendment 37

Bert-Jan Ruissen

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1026/2012

Article 2 – paragraph 1 – point i – point 10 c (new)

Text proposed by the Commission

Amendment

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

Or. en

Amendment 38

Luke Ming Flanagan, Emma Fourreau, Sebastian Everding

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1026/2012

Article 2 – paragraph 1 – point i – point 10 d (new)

Text proposed by the Commission

Amendment

(10d) lack of transparency;

Or. en

Justification

Article 12 of the UNFSA requires that States provide for transparency in the decision-making process and other activities of sub-regional and regional fisheries management organizations and arrangements. It is necessary both to ensure cooperation and sustainable fishing.

Amendment 39

Eric Sargiacomo

Proposal for a regulation

Article 1 – paragraph 1 – point 1 a (new)

Regulation (EU) No 1026/2012

Article 3 – paragraph 1 – point a

Present text

Amendment

(1a) in Article 3, point (a) is replaced by the following:

(a) it fails to cooperate in the management of a stock of common interest in full compliance with the provisions of the UNCLOS and the UNFSA, or any other international agreement or norm of international law; and

‘(a) it fails to cooperate in the management of a stock of common interest in full compliance with the provisions of the UNCLOS, the UNFSA and the PSMA, or any other international agreement or norm of international law; and’

Or. fr

(32012R1026)

Amendment 40

Luke Ming Flanagan, Emma Fourreau, Sebastian Everding

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1026/2012

Article 3 – paragraph 1 – point b – point i

Text proposed by the Commission

Amendment

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

(i) it fails to adopt, implement, comply with or enforce the necessary fishery management measures, including control and conservation measures in order to ensure the effective conservation and management of stocks of common interest and associated species, including measures adopted in the framework of an RFMO; or;

Or. en

Amendment 41

Sander Smit

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1026/2012

Article 3 – paragraph 1 – point b – point i

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 42

Bert-Jan Ruissen

Proposal for a regulation

Article 1 – paragraph 1 – point 2 a (new)

Regulation (EU) No 1026/2012

Article 3 – paragraph 1 – point b – point ii a (new)

Text proposed by the Commission

Amendment

(2a) in Article 3(b), the following point is added:

‘(iia) it systematically fails to comply with bilateral or multilateral agreements, by failing to take effective or timely action against its nationals or flagged vessels, which were deemed to have carried out illegal, unreported and unregulated fishing or acted contrary to the fishery management measures established by such agreements, leading to stocks being in an unsustainable state’

Or. en

Amendment 43

Emma Wiesner, Stéphanie Yon-Courtin

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point a a (new)

Regulation (EU) No 1026/2012

Article 6 – paragraph -1 (new)

Text proposed by the Commission

Amendment

(aa) the following paragraph is inserted:

‘-1. The Commission shall respond within 90 days of receiving a request for identifying a country as a country allowing non-sustainable fishing, from a Member State or the European Parliament, and to outline what actions it intends to take if any.’

Or. en

Amendment 44

Sander Smit

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point a a (new)

Regulation (EU) No 1026/2012

Article 6 – paragraph 1

Present text

Amendment

(aa) paragraph 1 is replaced by the following:

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

‘1. Where the Commission considers that it is necessary to adopt measures referred to in Article 4, it shall notify the country concerned of the intention to identify it as a country allowing non-sustainable fishing. Prior to this notification, the Commission shall also register, as set out in Regulation (EU) 2016/1036 and Regulation (EU) 2016/1037, all imports of products of the country under investigation that may be targeted pursuant to Article 4. In such cases, the European Parliament and the Council shall be immediately informed’

Or. en

((32012R1026))

Justification

In September 2024, the Commission registered all imports of products under anti-dumping or anti-subsidy investigations, including in ongoing investigations where provisional determinations have not yet been made. This was to enable the retroactive collection of anti-dumping and countervailing duties if the legal conditions were met and to prevent sharp increases in imports of products under investigation ahead of the imposition of the measures. This amendment contributes to a coherent approach also on fisheries products that should benefit from the trade defence approach.

Amendment 45

Bert-Jan Ruissen

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point a a (new)

Regulation (EU) No 1026/2012

Article 6 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

(aa) the following paragraph is inserted:

‘2a. When the stock of common interest falls under the scope of an RFMO and the non-compliance by a third country results in stocks being in an unsustainable state, prior to adopting measures referred to in Article 4, the Commission shall raise the matter of a third country allowing non-sustainable fishing practices within the relevant body, to seek timely rectification of the non-compliance.’

Or. en

Amendment 46

Luke Ming Flanagan, Emma Fourreau, Sebastian Everding

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point c

Regulation (EU) No 1026/2012

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

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

5. Following the adoption of measures pursuant to Article 4, the Commission shall continue to engage with the country concerned, shall maintain an open dialogue and shall promote cooperation in multilateral settings, with a view to that country ceasing to allow non-sustainable fishing.

Or. en

Amendment 47

Sander Smit

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point c

Regulation (EU) No 1026/2012

Article 6 – paragraph 6

Text proposed by the Commission

Amendment

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

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

Or. en