Sittings · Document

DRAFT REPORT (COM(2024)0407 – C100098/2024 – 2024/0224(COD)) 2025-01-27

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

Committee on Fisheries · Rapporteur: Thomas Bajada

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2024)0407 – C100098/2024 – 2024/0224(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2024)0407),

– having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100098/2024),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of xx xx December 2025,

– having regard to Rules 60 and 41 of its Rules of Procedure,

– having regard to the report of the Committee on Fisheries (A100000/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

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 19821 (‘UNCLOS’) and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 19952 (‘UNFSA’), the management of certain straddling and highly migratory fish stocks requires the cooperation of all the countries whose fleets exploit that stock. Such cooperation may be established in the framework of regional fisheries management organisations (‘RFMOs’) or, where RFMOs have no competence for the stock in question, by means of ad hoc arrangements among the countries having an interest in the fishery concerned.

__________________

1 United Nations Convention on the Law of the Sea, OJ L 179, 23.6.1998, p. 3, ELI: http://data.europa.eu/eli/convention/1998/392/oj.

2 Agreement for the implementing 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. en

Amendment 2

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.

__________________

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 3

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 and the UNFSA, or any other international agreement or norm of international law, or if it fails to adopt and comply with relevant fishery management measures.

Or. en

Amendment 4

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 “best available scientific advice” 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 5

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 the necessary fishery management or control measures, including in the framework of RFMOs.

Or. en

Amendment 6

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 7

Proposal for a regulation

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

Regulation (EU) No 1026/2012

Article 2 – paragraph 1 – point b

Present text

Amendment

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

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

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

Or. en

(32012R1026)

Amendment 8

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 9

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1026/2012

Article 2 – paragraph 1 – point i – introductory part

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 10

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 in replying to requests;

Or. en

Amendment 11

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1026/2012

Article 2 – paragraph 1 – point i – point 5

Text proposed by the Commission

Amendment

(5) unreasonable information requests;

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

Or. en

Amendment 12

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1026/2012

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

Text proposed by the Commission

Amendment

(10a) adopting unilateral measures or quotas which are not in line with the measures or quotas agreed bilaterally or multilaterally.

Or. en

Amendment 13

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1026/2012

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

Text proposed by the Commission

Amendment

(ia) ‘best available scientific advice’ means publicly available scientific advice that is supported by the most up-to-date scientific data and methods, and that has either been issued or reviewed by an independent scientific body that is recognised at Union or international level.

Or. en

Amendment 14

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

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

deleted

“(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”;

Or. en

Amendment 15

Proposal for a regulation

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

Regulation (EU) No 1026/2012

Article 3

Present text

Amendment

(2a) Article 3 is replaced by the following :

Article 3

“Article 3

Countries allowing non-sustainable fishing

A country may be identified as a country allowing non- sustainable fishing where:

A country may be identified as a country allowing non-sustainable fishing where:

(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

(b) either:

(b) it fails to adopt or implement the necessary fishery management measures, or those agreed bilaterally or multilaterally, including control measures ensuring the effective conservation and management of stocks of common interest; or

(i) it fails to adopt necessary fishery management measures; or

(ii) it adopts fishery management measures without due regard to the rights, interests and duties of other countries and the Union, and those fishery management measures, when considered in conjunction with measures taken by other countries and the Union, lead to fishing activities which could result in the stock being in an unsustainable state. This condition is considered to be complied with also where the fishery management measures adopted by that country did not lead to the stock being in an unsustainable state solely due to measures adopted by others.

(c) it adopts fishery management measures without due regard to the rights, interests and duties of other countries and the Union, and those fishery management measures, when considered in conjunction with measures taken by other countries and the Union, lead to fishing activities which could result in the stock being in an unsustainable state. This condition is considered to be complied with also where the fishery management measures adopted by that country did not lead to the stock being in an unsustainable state solely due to measures adopted by others; or

(d) 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."

Or. en

(32012R1026)

Justification

The rapporteur restructured Article 3 to establish equal criteria to ensure that each action listed is interpreted as a valid justification to determine a country as allowing non-sustainable fishing practices. Furthermore, a new criterion was added to specifically address inaction against vessels involved in illegal, unreported and unregulated (IUU) fishing.

Amendment 16

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, prior to adopting measures referred to in Article 4, the Commission shall raise the matter of a third country allowing non-compliance within the relevant body, to seek timely rectification of the non-compliance. In the event of systematic non-compliance and failure to rectify, the Commission shall take action on the basis of the measures referred to in Article 4.”

Or. en

(32012R1026)

Amendment 17

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point b

Regulation (EU) No 1026/2012

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 18

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point c – introductory part

Text proposed by the Commission

Amendment

Or. en

Amendment 19

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point c

Regulation (EU) No 1026/2012

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 20

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 bilaterally, multilaterally, or with the compliance body of the relevant RFMO, with a view to the country concerned ceasing to allow non-sustainable fishing.

Or. en

Amendment 21

Proposal for a regulation

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

Regulation (EU) No 1026/2012

Article 7 – paragraph 1

Present text

Amendment

(3a) in Article 7, paragraph 1 is replaced by the following :

1. The measures referred to in Article 4 shall cease to apply when the country allowing non-sustainable fishing adopts appropriate corrective measures necessary for the conservation and management of the stock of common interest and those corrective measures:

“1. The measures referred to in Article 4 shall cease to apply when the country allowing non-sustainable fishing adopts appropriate corrective measures necessary for the conservation and management of the stock of common interest and those corrective measures:

(a) have either been adopted autonomously or have been agreed in the context of consultations with the Union and, where applicable, other countries concerned; and

(a) have either been adopted autonomously or have been agreed in the context of consultations with the Union and, where applicable, other countries concerned or within the framework of RFMOs; and

(b) do not undermine the effect of measures taken by the Union either autonomously, or in cooperation with other countries, for the purpose of the conservation of the fish stocks concerned.

(b) do not undermine the effect of measures taken by the Union either autonomously, or in cooperation with other countries or within the framework of RFMOs, for the purpose of the conservation of the fish stocks concerned.”

Or. en

(32012R1026)

EXPLANATORY STATEMENT

This regulation is a vital tool within the EU’s international fisheries governance framework, designed to reinforce its mechanisms that ensure sustainable management of fish stocks. It serves as a cornerstone fostering international cooperation in sustainability, addressing non-compliance and safeguarding the long-term interests of EU fishers.

The aim of the rapporteur, among others, is to enhance the potential of this instrument. The rapporteur seeks to ensure that the EU is equipped with a robust and comprehensive framework to confront current and future challenges posed by all bilateral and multilateral partners, while also leveraging the role of compliance bodies within regional fisheries management organisations (RFMOs). This report therefore aims to strengthen the EU’s international fisheries governance strategy and secure its long-term objectives for sustainable and equitable fisheries management.

The rapporteur commends the Commission’s proposed changes to Article 3 on the identification of countries allowing non-sustainable fishing, as well as Article 6 establishing actions to be taken prior and subsequently to the adoption of measures, and has decided to introduce clearer and more comprehensive provisions to strengthen accountability.

Among others, the rapporteur highlights the importance of countering unreasonable demands from third countries, which could jeopardize the strategic interests of the EU and its fishers. Provisions aimed at preventing unjustified requests and deadlines safeguard the fairness of negotiations and protect the interests of EU fishers. Additionally, the rapporteur amendments address non-compliance by our partners, thereby upholding international sustainability efforts to protect our oceans, while also protecting the interests of EU fishers. Collectively, these changes establish a more comprehensive and strategic negotiating framework with our partners.

The rapporteur considers critical to strengthen the role of compliance bodies within RFMOs and deems that the Commission underutilises this tool of international fisheries governance. Before taking further action, the EU can better leverage international cooperation in sustainable fisheries management, by holding accountable, within these multilateral bodies, third countries that allow non-sustainable fishing. The proposed amendments aim to integrate more effectively RFMOs as a compliance tool within the EU’s international fisheries governance strategy, unlocking their full potential to combat non-sustainable fishing practices. The rapporteur underscores the importance of these legislative changes in driving tangible action by the Commission to enhance the effectiveness of RFMOs, improve environmental sustainability and ensure social justice for EU fishers.

The introduction of a clear definition of "best available scientific advice" addresses a critical gap in existing legislation. This amendment ensures greater consistency and clarity across all provisions, while preventing ambiguity in decision-making. By grounding fisheries management decisions in sound scientific principles, the EU strengthens both the legal and scientific rigor of conservation actions. This, is turn, improves the long-term effectiveness of the EU’s sustainability efforts.

In conclusion, the rapporteur believes that the proposed amendments have the potential to make this regulation a stronger, more comprehensive and future-proof instrument for the EU. It would further advance our efforts towards a proactive, resilient, and equitable approach to fisheries management, consolidating the EU’s position as a global leader in international sustainable fisheries governance.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The Rapporteur declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.