What changed between the draft committee report and the plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

5 unchanged paragraphs

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)

The European Parliament,

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

Changed:– having regard to Article 294(2) and ArticleArticles 43(2) and 207 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,

Changed:– having regard to the opinion of the European Economic and Social Committee of xx xx22 DecemberJanuary 2025,

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

Changed:– having regard to the report of the Committee on Fisheries (A100000/2024),(A10-0070/2025),

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.

Change 1

Changed:Recital 1: (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,or by means of ad hoc arrangements among the countries having an interest in the fishery concerned.

Change 2

Changed:Recital 2:3: (2)(3) In accordance with Regulation (EU) No 1026/201231026/2012 ofa thecountry Europeanmay Parliamentbe andidentified ofas theallowing Councilnon-sustainable establishesfishing aif, frameworkamong others, it fails to allowcooperate forin the identificationmanagement andof thea adoptionstock of measurescommon interest in full compliance with regardthe toprovisions thirdof countriesthe whichUNCLOS, failthe toUNFSA, cooperateor andany allowother non-sustainableinternational fishingagreement or norm of ainternational stocklaw ofand commonif interestit forfails theto Union.adopt relevant fishery management measures.

Change 3

Removed:Recital 3: (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.

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

Removed:Recital 4: (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.

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

Change 4

Changed:Recital 5:6: (5)(6) It is also necessaryappropriate to clarify that a countryreinforce maythe beprocedures consideredprior asand allowingsubsequent non-sustainableto fishingthe ifadoption itof doesmeasures notin implementrespect theto necessarycountries fisheryallowing managementnon-sustainable orfishing, controlincluding measures,for includingcountries inwithin the framework of RFMOs.

Change 5

Removed:Recital 6: (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.

Regulation (EU) No 1026/2012

Change 6

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

(32012R1026)

Change 7

Removed:Article 1 – paragraph 1 – point 1 – introductory part: (1) in Article 2, the following points are added:

Regulation (EU) No 1026/2012

Change 8

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

Added:(32012R1026)

Added:Regulation (EU) No 1026/2012

Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point i – introductory part: (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:

Regulation (EU) No 1026/2012

Change 9

Changed:Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point i – point 4: (4) undue delays in replying to requests;requests or engaging in consultations;

Regulation (EU) No 1026/2012

Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point i – point 5: (5) unreasonable requests for information or actions to be taken, including unreasonable deadlines to reply or act;

Regulation (EU) No 1026/2012

Change 10

Removed:Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point i – point 10 a (new): (10a) adopting unilateral measures or quotas which are not in line with the measures or quotas agreed bilaterally or multilaterally.

Added:Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point i – point 8: (8) consistently maintaining their own positions over an extended period, regardless of the flexibilities and concessions offered by other parties during the consultations;

Regulation (EU) No 1026/2012

Change 11

Changed:Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point i a (new): (ia) ‘best available scientific advice’ means publicly available scientific advice that is supported by– thepoint most10 up-to-datea scientific(new): data(10a) andadopting methods,unreasonable and thatunjustified hasunilateral eithermeasures beenor issuedquotas orwhich reviewedare bynot anin independentline scientificwith bodythe thatmeasures isor recognisedquotas atagreed Unionbilaterally or international level.multilaterally;

Regulation (EU) No 1026/2012

Change 12

Removed:Article 1 – paragraph 1 – point 2, Article 3 – paragraph 1 – point b – point i: deleted / (deleted)

Added:Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point i – point 10 b (new): (10b) implementing discriminatory measures that impact the fleets of third countries, while granting a partial or full exemption from those measures for their own fleet, leading to stocks being in an unsustainable state;

Regulation (EU) No 1026/2012

Change 13

Removed:Article 1 – paragraph 1 – point 2 a (new), Article 3: (2a) Article 3 is replaced by the following : / “Article 3 / 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; or / (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 / (deleted) / (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 …

Added:Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point i – point 10 c (new): (10c) lack of transparency in the consultations with all the relevant coastal States or fishing parties, including within RFMOs.

Removed:(32012R1026)

Removed: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.

Regulation (EU) No 1026/2012

Change 14

Removed:Article 1 – paragraph 1 – point 3 – point a a (new), Article 6 – paragraph 2 a (new): (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.”

Added:Article 1 – paragraph 1 – point 2, Article 3 – paragraph 1 – point b – point i: (i) it fails to adopt, implement, comply with or enforce relevant fishery management measures, or those agreed bilaterally or multilaterally, including control measures ensuring the effective conservation and management of stocks of common interest or associated species, including measures adopted in the framework of an RFMO; or

Added:Regulation (EU) No 1026/2012

Added:Article 1 – paragraph 1 – point 2 a (new), Article 3 – paragraph 1 – point b – point i a (new): (2a) in Article 3, point (b), the following point is inserted: / “(ia) it systematically fails to comply with bilateral or multilateral agreements, by failing to take effective or timely action against its nationals or flagged vessels, which were deemed to have carried out illegal, unreported and unregulated fishing or acted contrary to the fishery management measures established by such agreements, leading to stocks being in an unsustainable state; or”

Added:Regulation (EU) No 1026/2012

Added:Article 1 – paragraph 1 – point 3 – point a a (new), Article 6 – paragraph -1 (new): (aa) the following paragraph is inserted: / “-1. The Commission shall respond within 90 days of receiving a request, from a Member State or the European Parliament, to identify a country as a country allowing non-sustainable fishing and shall outline what actions it intends to take, if any.”;

Added:Regulation (EU) No 1026/2012

Added:Article 1 – paragraph 1 – point 3 – point a b (new), Article 6 – paragraph 1: (ab) paragraph 1 is replaced by the following: / "1. Where the Commission considers that it is necessary to adopt measures referred to in Article 4, it shall notify the country concerned of the intention to identify it as a country allowing non-sustainable fishing. Prior to that notification, the Commission shall also register, as set out in Regulations (EU) 2016/10361a and (EU) 2016/10371b of the European Parliament and of the Council, all imports of products of the country under investigation that may be targeted pursuant to Article 4. In such cases, the European Parliament and the Council shall be immediately informed."; / 1a Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (codification) (OJ L 176, 30.6.2016, p. 21, ELI: http://data.europa.eu/eli/reg/2016/1036/oj). / 1b Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (codification) (OJ L 176, 30.6.2016, p. 55, ELI: http://data.europa.eu/eli/reg/2016/1037/oj).

(32012R1026)

Regulation (EU) No 1026/2012

Change 15

Added:Article 1 – paragraph 1 – point 3 – point a c (new), Article 6 – paragraph 2 a (new): (ac) the following paragraph is inserted: / “2a. When the stock of common interest falls under the scope of an RFMO and the non-compliance by a third country results in that country being identified as a country allowing non-sustainable fishing under Article 3, prior to adopting measures referred to in Article 4, the Commission shall raise the matter of a third country allowing non-compliance within the relevant body, to seek timely rectification of the non-compliance.”;