am com nonlegopinion · 2019-11-20 · ab. whereas viet nam is a market of 95 million with...

AM\1192584EN.docx PE643.202v01-00

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European Parliament2019-2024

Committee on Fisheries

2018/0356M(NLE)

14.11.2019

AMENDMENTS1 - 64Draft opinionPietro Bartolo(PE641.153v03-00)

Conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam(2018/0356M(NLE))

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AM_Com_NonLegOpinion

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Amendment 1Grace O'Sullivan

Draft opinionCitation 2 a (new)

Draft opinion Amendment

- Having regard to Article 28.2.b of the Common Fisheries Policy EU 1380/2013

Or. en


Draft opinionCitation 2 b (new)


- Having regard to the European Parliament resolution of 30 May 2018 on the implementation of control measures for establishing the conformity of fisheries products with access criteria to the EU market (2017/2129(INI)),

Or. en


Draft opinionCitation 2 c (new)


- Having regard to the Commission communication of 14 October 2015 entitled ‘Trade for all: Towards a more responsible trade and investment policy’ (COM(2015)0497)

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Or. en

Amendment 4Grace O'Sullivan, Caroline Roose, Francisco Guerreiro, Benoît Biteau

Draft opinionRecital A a (new)


Aa. whereas Vietnam was issued a yellow card in 2017 under the Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing; whereas this unsustainable practice represents a breach of Article 13.9 of the Trade and Sustainable Development chapter; whereas Vietnam is currently cooperating with the EU on the matter on the basis of 9 recommendations that go with the yellow card and has recently adopted a new framework fishery law together with its implementing decrees;

Or. en

Amendment 5Ivo Hristov, Nicolás González Casares, Manuel Pizarro, Isabel Carvalhais, Clara Aguilera



Aa. whereas some fish-based products such as products with CN codes 1604 14 21 and 1604 14 26 are not included in a duty free regime in the EVTA, because of the sensitivity of these products for the European union;

Or. en

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Amendment 6Maite Pagazaurtundúa, Chris Davies



Aa. whereas it is recognized that illegal, unregulated and unreported (IUU) fishing constitutes an organised crime of the seas with disastrous worldwide environmental and socio-economic impacts;

Or. en

Amendment 7Pierre Karleskind



Aa. whereas IUU fishing jeopardises the sustainability of fisheries resources and creates unfair competition for the European fisheries sector;

Or. fr

Amendment 8Giuseppe Ferrandino, Clara Aguilera, Manuel Pizarro, Ivo Hristov, Isabel Carvalhais, Nicolás González Casares



A a. Whereas Viet Nam is the world's forth producer of aquaculture products;

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Or. en

Amendment 9Ivo Hristov, Nicolás González Casares, Manuel Pizarro, Isabel Carvalhais

Draft opinionRecital A b (new)


Ab. whereas Viet Nam is a market of 95 million with long-lasting traditions in the consumption of fish and aquaculture products, which creates an opportunity for the European exporters and producers of fish and aquaculture products;

Or. en


Draft opinionRecital A b (new)


Ab. whereas the EU is the world’s largest trader of fishery and aquaculture products in value terms, reaching a trade volume of more than EUR 2,3 billion in 2017;

Or. en


Draft opinionRecital A c (new)


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Ac. whereas Vietnam is the fourth biggest world fish producer, followed by the European Union;

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Draft opinionRecital A c (new)


Ac. whereas the EU imports more than 70% of the fish products, which it consumes;

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Draft opinionRecital A d (new)


Ad. whereas according to EUMOFA, the EU imports cover 68% of the EU domestic consumption;

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Draft opinionRecital A d (new)

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Ad. whereas Viet Nam has up-to-now protected one GI product (Phú Quốc) as a Protected designation of origin (PDO), which is a fish product, as part of the EU quality schemes; whereas the EVTA foresees the protection of 169 EU GIs for wines, spirits and food products in Viet Nam and the reciprocal protection of 39 Vietnamese GIs in the EU;

Or. en


Draft opinionParagraph -1 (new)


-1. Reminds that in 2017 the European Union issued a "yellow card" to Vietnam as a non-cooperating country in the fight against illegal, unregulated and unreported (IUU) fishing due to its serious deficiencies in its control system; highlights that serious labour abuses in the Vietnamese fishing industry have been reported.

Or. en

Amendment 16Pietro Bartolo, Clara Aguilera, Manuel Pizarro, Richard Corbett, Predrag Fred Matić, Giuseppe Ferrandino, Ivo Hristov, Isabel Carvalhais, Carmen Avram, Nicolás González Casares



-1. Appreciates that the EVFTA

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strengthen cooperation between the partners in the fight against IUU fishing under its “Trade and Sustainable Development Chapter” and underlines the importance of strengthening the constructive dialogue with Vietnam in order to successfully address the global challenges posed by illegal fishing

Or. en


Draft opinionParagraph -1 a (new)


-1a. Highlights that trade agreements are connected with the EU IUU policy and emphasises the need to ensure a level playing field in order to avoid a situation of unfair competition between the EU and imported products which would jeopardize the competitiveness of the EU fishing industry;

Or. en

Amendment 18Annie Schreijer-Pierik



-1. Notes that negotiations began in June 2012 and were concluded in December 2015 after 14 negotiating rounds, and regrets subsequent delays in bringing forward the agreement for signature and ratification; considers that any further delays can substantially

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undermine the EU's geostrategic ambitions in the ASEAN region;

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Draft opinionParagraph 1


1. Appreciates the adoption by the Vietnamese Government of a new framework law for the fisheries sector and the setup of coordinated monitoring, control and enforcement structures committed to effectively tackling and deterring IUU fishing;

1. Takes note of the adoption by the Vietnamese Government of a new framework law for the fisheries sector and the setup of coordinated monitoring, control and enforcement structures committed to effectively tackling and deterring IUU fishing; reminds that further efforts need to be deployed by the Vietnamese authorities in order to ensure an effective implementation an enforcement of the new legal framework;

Or. en




1. Appreciates the adoption by the Vietnamese Government of a new framework law for the fisheries sector and the setup of coordinated monitoring, control and enforcement structures committed to effectively tackling and deterring IUU fishing;

1. Appreciates and acknowledges the adoption by the Vietnamese Government of a new framework law for the fisheries sector, various sub-law documents, the setup of coordinated monitoring, control and enforcement structures, intensified the dissemination on legal regulations to fishermen, and implemented a national action programme on effectively tackling and deterring IUU fishing;

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Or. en


Draft opinionParagraph 1 – point a (new)


(a) Notes that Vietnam has adopted the revised Fisheries Law 2017; this law has come into effect on January 1, 2019 and considers the international and regional obligations, agreements and recommendations made by the European Commission.

Or. en


Draft opinionParagraph 1 a (new)


1a. Acknowledges Vietnam's engagement to address Illegal, Unreported and Unregulated (IUU) fishing by having become an official member of the Port State measures Agreement (PSMA); notes that Vietnam has made clear commitments and has become a member on January 15, 2019 and that the PSMA is the first binding international agreement to specifically target Illegal, Unreported and Unregulated (IUU) fishing.

Or. en

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1a. is concerned by the so-called "blue boat" phenomenon of the Vietnamese fishermen, which have been practiced in the past years in the territorial waters of several neighbouring countries such as Thailand, the Philippines, Indonesia and Malaysia and also Pacific states such as Palau, the Federated States of Micronesia (FSM), Papua New Guinea, Solomon Islands, Vanuatu and New Caledonia as well as Australia, which creates economic, but also social and security concerns for the affected nations and the region as a whole; expresses hopes that the efforts undertaken by the authorities will deliver in shortest possible terms for the common good of both the EU-Viet Nam relations and for the stability of the broader South-east Asian region;

Or. en




1a. Expresses its appreciation for the cooperation framework in the promotion of the development of sustainable aquaculture, provided by the "Trade and Development Chapter";

Or. en

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Amendment 25Rosanna Conte



2. Underlines the huge challenges still facing the Vietnamese authorities with regard to the overcapacity of its highly fragmented fishing fleet and the overexploitation of marine resources;

2. Underlines the huge challenges still facing the Vietnamese authorities with regard to the overcapacity of its highly fragmented fishing fleet and the overexploitation of marine resources; expresses concern, therefore, with regard to imports into the EU and calls for the rigorous monitoring of control systems;

Or. it

Amendment 26Rosa D'Amato




2. Underlines the huge challenges still facing the Vietnamese authorities with regard to the overcapacity of its highly fragmented fishing fleet and the overexploitation of marine resources; points out, moreover, that the 'yellow card' notification is still effective;

Or. it

Amendment 27France Jamet


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2. Underlines, however, the huge challenges still facing the Vietnamese authorities with regard to the overcapacity of its highly fragmented fishing fleet and the overexploitation of marine resources and the ineffectiveness of monitoring;

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2a. Highlights that the EU is one of the largest foreign investors in Vietnam and that Vietnam has become the EU's second most important trading partner in the ASEAN region; highlights furthermore that Vietnam an important export market is in Asia for EU food and drink exports; underlines the potential for growth and significant benefits that are hereby made available to European Small and Medium-sized Enterprises, considering this sector of the economy of vital interest for European prosperity and innovation;

Or. en



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2a. Stresses the importance of implementing Vietnam’s new fisheries legislation at provincial level and communicate the importance of compliance to the local stakeholders in the fisheries sector

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3. Encourages the Vietnamese authorities to closely monitor the country’s fishing fleet and to implement measures to ensure the full traceability of fisheries products destined for export to the EU market;

3. Urges the Vietnamese authorities to closely monitor the country’s fishing fleet and to implement measures to ensure the full traceability of fisheries products destined for export to the EU market;

Or. en

Amendment 31Clara Aguilera, Nicolás González Casares, Manuel Pizarro, Isabel Carvalhais, Ivo Hristov, Pietro Bartolo, Giuseppe Ferrandino




3. Urges the Vietnamese authorities to closely monitor the country’s fishing fleet and to implement measures to ensure the full traceability of fisheries products destined for export to the EU market;

Or. en

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3. Calls on the Vietnamese authorities to closely monitor the country’s fishing fleet and to implement measures to ensure the full traceability of fisheries products destined for export to the EU market;

Or. fr

Amendment 33Cláudia Monteiro de Aguiar




3. Encourages the Vietnamese authorities to closely monitor the country’s fishing fleet and to implement measures to ensure the full traceability of fisheries products destined for export to the EU market to ensure that these fishery products also meet the general health requirements for entry into the EU market;

Or. pt



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3. Encourages the Vietnamese authorities to closely monitor the country’s fishing fleet and to implement measures to ensure the full traceability of fisheries products destined for export to the EU market. Calls on the Commission to ensure that all products entering the EU market comply with EU phyto-sanitary standards;

Or. en




3a. Points out that to ensure that European consumers are properly protected, the traceability of fisheries products imported into the European market needs to be improved to meet European environmental, social, health and phyto-sanitary standards and to ensure that such products do not originate from IUU fishing;

Or. fr




3a. Stresses that, in order to ensure fair competition and a level playing field

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between Union and third country operators, fish products imported into the Union under the free-trade agreement with Vietnam should comply with EU phyto-sanitary, environmental and social standards;

Or. it




3a. Recalls that fishing and aquaculture products are conditional sectors of investments, as described in Vietnam s investment framework, which prohibits investments deemed as detrimental to the environment, among other areas.

Or. en




3a. Encourages the Vietnamese authorities to allocate sufficient financial and human resources to the fight against IUU fishing at both the national and provincial level

Or. en

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Draft opinionParagraph 3 b (new)


3b. Considers it essential to ensure maximum transparency in order to protect consumers; stresses that the free-trade agreement between the EU and Vietnam should accordingly provide for effective rules on the traceability of imported products;

Or. it

Amendment 40Pietro Bartolo, Manuel Pizarro, Richard Corbett, Predrag Fred Matić, Giuseppe Ferrandino, Ivo Hristov, Isabel Carvalhais, Carmen Avram, Nicolás González Casares



3b. Is of the opinion that preferential tariffs should be based on conditions, i.e. a coupling with controls, and a review on the achievement of those conditions, such as the level of reduction of fishing capacity

Or. en



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4. Is of the opinion that preferential tariffs should be accompanied by monitoring of the implementation and review of the commitments made under Article 13.9 of the EU-Viet Nam FTA;

4. Is of the opinion that preferential tariffs should also be accompanied by monitoring and auditing of the implementation of the Vietnamese Action Plan to tackle IUU fishing and review of the commitments made by Vietnam under Article 13.9 of the EU-Viet Nam FTA;

Or. en





4. Is of the opinion that the trade of fish and aquaculture products, as well as preferential tariffs should be accompanied by monitoring of the implementation and review of the commitments made under Article 13.9 of the EU-Viet Nam FTA;

Or. en





4. Calls for preferential tariffs to be accompanied by monitoring of the implementation and review of the commitments made under Article 13.9 of the EU-Viet Nam FTA;

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Or. fr

Amendment 44Nicolás González Casares, Clara Aguilera



4a. Is concerned about the inclusion of a zero-tariff quota on exports of 11500 tonnes of tinned tuna to the EU and its impact on the competitiveness of the EU canning sector, especially since Vietnam is subject to a 'yellow card' issued by the EU authorities for failings relating to IUU fishing; considers it necessary to make that quota conditional on the remedying of the failings in this area, and to monitor the impact of this type of quota on the EU industry and market;

Or. es

Amendment 45Pietro Bartolo, Clara Aguilera, Manuel Pizarro, Richard Corbett, Predrag Fred Matić, Giuseppe Ferrandino, Ivo Hristov, Isabel Carvalhais



5. Recalls that the ‘yellow card’ notification should be seen as a means to encourage the Vietnamese authorities to persevere in their efforts to tackle IUU fishing activities; believes that further extension of the ‘yellow card’ should be accompanied by clear operational targets and timelines;

5. Recalls that the ‘yellow card’ notification should be seen as a means to encourage the Vietnamese authorities to persevere in their efforts to tackle IUU fishing activities; believes that further extension of the ‘yellow card’ should be accompanied by clear operational targets and timelines with a view to implement the measures needed and to give a constructive sense to the sanction;

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Or. en

Amendment 46Rosanna Conte




5. Recalls that the ‘yellow card’ notification should be seen as a means to encourage the Vietnamese authorities to persevere in their efforts to tackle IUU fishing activities; believes that further extension of the ‘yellow card’ should be accompanied by clear operational targets and timelines; Vietnam should accordingly strive rigorously to combat IUU fishing practices, while the EU should monitor the situation and require scrupulous controls by Vietnam to ensure that no illegal fish products enter the Union market;

Or. it





5. Recalls that the ‘yellow card’ notification should be seen as a means to encourage the Vietnamese authorities to persevere in their efforts to tackle IUU fishing activities; believes that further extension of the ‘yellow card’ should be accompanied by clear operational targets and timelines; recalls also that possible revocation must be conditional on the full and effective implementation of all

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recommendations made by the Union in 2017;

Or. it

Amendment 48Nicolás González Casares




5. Recalls that the ‘yellow card’ notification should be seen as a means to urge the Vietnamese authorities to take measures to tackle IUU fishing activities; believes that further extension of the ‘yellow card’ should be accompanied by clear operational targets and timelines;

Or. es




5a. Stresses the need to align EU trade policy with other EU policies, such as the common fisheries policy; stresses that chapter 13 of the EU-Vietnam FTA, entitled 'Trade and Sustainable Development', explicitly raises the parties' obligation to work actively to tackle IUU fishing; considers that all the provisions in that chapter should be upheld and handled in the same way;

Or. fr

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5a. Regrets that Vietnam has not ratified yet the ILO Work in Fishing Convention (ILO C188)and urges the Vietnamese authorities to ratify it before the entry into force of the FTA agreement.

Or. en




5a. Is of the opinion that no conflicting signals should be sent to third countries that have been pre-identified under the IUU or the Non-Sustainable Fishing Regulation;

Or. en




5a. Stresses the importance of including all EU fish products protected

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with a geographical indication of origin in chapter 12 of the FTA on intellectual property.

Or. en

Amendment 53Grace O'Sullivan, Caroline Roose, Francisco Guerreiro, Benoît Biteau



5b. requests the Commission to conduct regular impact assessments with regard to environmental and climate impacts after three years of implementation of the FTA in order to ensure full compatibility between trade liberalisation and EU’s climate targets; calls for the immediate activation of the amendment procedure in case of incompatibilities with sustainable development and the SDGs; stresses that Vietnam is currently in violation of the specific measures provided by the Agreement under the TSD chapter to fight against Illegal, Unreported and Unregulated fishing (IUU) and that the Commission has issued a yellow card in 2017 in the framework of the EU IUU Regulation; requests that preferential tariffs on fishery products be applied only once the conditions for lifting the yellow cards are met; deplores that while an article of the TSD chapter recalls the importance of responsible and sustainable aquaculture, there is no such an article on responsible and sustainable agriculture, a sector that should benefit strongly from the FTA;

Or. en

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5b. Recalls that the IUU regulation is one of the regulations that produces the best results when it comes to improving the sustainability of fisheries management at international level; believes that accepting the adoption of a trade agreement with a country on a 'yellow card' could reduce the impact of the regulation and the EU's role with regard to preserving resources and sustainable management of fisheries on the international stage; takes the view, however, that the EU-Vietnam FTA encourages Vietnam to step up its efforts to quickly establish a regulatory and supervisory framework to effectively tackle IUU fishing;

Or. fr

Amendment 55Pietro Bartolo, Manuel Pizarro, Richard Corbett, Predrag Fred Matić, Giuseppe Ferrandino, Ivo Hristov, Isabel Carvalhais, Carmen Avram



6a. Calls on the European Commission to provide specific financial and technical support to Vietnam in order to facilitate the implementation of environmental sustainability standards for seafood products. Moreover, calls on the European Commission to also incentivize individual Vietnamese fisheries to help meet sustainability standards

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Or. en




6a. emphasises the importance of policy coherence of Union initiatives, in particular with regard to trade and environmental activities;

Or. en




6b. Underlines the importance of a responsible trade policy as an instrument for the implementation of the Sustainable Development Goals;

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6a. Appreciates that ASEAN Member States are starting to increase region-wide

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cooperation on fisheries management;

Or. en




7. Calls on the Commission to make use of all the tools at its disposal, including the ‘red card’, should Viet Nam fail to fulfil the conditions for sustainable fisheries.

7. Expresses strong concerns about the EU signing a FTA with Vietnam considering the country has not yet effectively tackled and implemented tools to fight IUU fishing, a necessary precondition to achieve sustainable fisheries. Calls on the Commission to suspend preferential tariffs on fisheries products until the yellow card' has been lifted, while continuing to carry out IUU audits and to make use of all the tools as its disposal, including the "red card", should Vietnam fail to fulfil the conditions for sustainable fisheries.

Or. en




7. Calls on the Commission to make use of all the tools at its disposal, including the ‘red card’, should Viet Nam fail to fulfil the conditions for sustainable fisheries.

7. Calls on the Commission to make full use of all the tools at its disposal, including the ‘red card’, should Viet Nam fail to fulfil the conditions for sustainable fisheries in order to ensure the safety of imports of fish and seafood products into

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the EU market and to protect its consumers.

Or. en




7a. expresses its disappointment by the provisions of Article 12.26, paragraph 2 of the EVTA, which in principles does not allow the addition of a product to the list of GIs, which are to be protected on the territory of the respective party, if the product has not been included in this list but has had the status "Registered" on the date of the signing of the agreement; calls on the Commission to reconsider this practice in future FTAs, as it affects the market opportunities for newly or recently GIs vis-à-vis, which will also be the case of the EU-Viet Nam FTA.

Or. en




7a. Encourages the Vietnamese authorities to step up awareness campaigns and capacity building initiatives to discourage the inappropriate use of antibiotics in aquaculture and

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prevent the insurgence of antimicrobial resistance (AMR).

Or. en




7a. Calls for continuous monitoring of Vietnam's efforts to ensure the country keeps making progress in combatting IUU fishing and in fulfilling its export potential.

Or. en




7b. Stresses that the entering into force of the agreement will create the conditions for a major and fruitful cooperation between the two parties in view of the effective implementations of the provisions on sustainable development which could bring about the improvement of the political and human rights situation in the country; underlines that a proper implementation of the EVFTA can advance Vietnam in complying with European standards on environment, human rights, good governance, labour rights, and Corporate Social Responsibility (CSR); welcomes in this context the commitment of Vietnam to

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present its national implementation plan for complying with the provisions of the EVFTA;

Or. en

am com nonlegopinion · 2019-11-20 · ab. whereas viet nam is a market of 95 million with...

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