Changes from plenary report to adopted text

Added(b) Member States shall evaluate ▌ the effectiveness of at least two transitional mitigation measures listed in Annex XVIII to improve the conservation status of seabird species, mitigate or, where possible, eliminate the risk of accidental catch of seabirds in fishing operations and associated mortality.

AddedMember States shall report to the Commission, by 15 April of each year, the data collected in accordance with point (a) of the first subparagraph. The Commission shall send those data to the GFCM Secretariat by 30 April of each year.

AddedThe obligation referred to in point (b) of the first subparagraph shall not apply to Member States which have already carried out such an evaluation before … [the date of entry into force of this amending Regulation].’;

Added(64) the following article is inserted:

Added‘Article 103a

AddedMitigation measures

Added1. Member States are encouraged to take the necessary steps to implement measures to mitigate or, where possible, eliminate the incidental catch of sea turtles during fishing operations, such as:

Added(a) fishing gear modifications and alternative fishing gear types;

Added(b) time‐area fishing restrictions and closures, such as those based for instance on spatial recognition measures to identify sea turtle presence;

Added(c) improvements in fishing gear marking and detection, including acoustic reflectivity, such as the use of coloured nets, light passive reflectors, thicker twine diameter, corks or other materials within the net, metal compounds that have acoustic detection features such as barium sulphate, and illuminating nets with battery-operated light sticks;

Added(d) implementation of maximum potential thresholds for incidental catches and use of turtle excluder devices with sorting and shepherding devices; and

Added(e) rules on fishing behaviour and strategies.

Added2. Member States are encouraged to facilitate the implementation of measures to avoid entanglement during depredation activity and to reduce post-release mortality, through appropriate guidelines and training.

Added3. Where Member States implement measures pursuant to paragraphs 1 and 2, they shall notify to the Commission at least two of those measures by 1 December 2026. In this regard, the areas and fleets with higher risks of interactions shall be taken into consideration.

Added4. The Commission shall notify the measures referred to in paragraph 3 to the GFCM Secretariat without delay.’;

Added(65) the following article is inserted:

Added‘Article 105a

AddedMitigation measures

Added1. Member States are encouraged to expand bycatch mitigation measures to minimise or, where possible, eliminate, the incidental catch of cetaceans during fishing operations in fisheries with a high risk of bycatch identified by the SAC. Such mitigation measures shall be accompanied by an appropriate monitoring to establish the efficacy of the actions and may include, inter alia:

Added(a) fishing gear modifications and alternative fishing gear types;

Added(b) improvements in fishing gear marking and detection;

Added(c) time‐area fishing restrictions or closures, if appropriate;

Added(d) implementation of maximum potential bycatch thresholds;

Added(e) use of acoustic deterrent devices; and

Added(f) modifications in fishing behaviour and strategies.

Added2. Member States are encouraged to facilitate the implementation of measures to avoid entanglement during depredation activity and to reduce post-release mortality, through appropriate guidelines and training.

Added3. Member States are encouraged to identify areas with a high risk of interactions between fisheries and cetaceans and, based on the existing pressures, may consider amending the applicable national legislation.

Added4. The Commission or Member States may also consider, on a voluntary basis, other types of management such as incentive-based management, which rewards low-impact operators while simultaneously driving poorly performing operators to adopt better practices or leave the industry, or market-based incentive management, which includes for example dolphin-safe or dolphin-friendly labelling in fisheries with medium to high risk of interactions with cetaceans.

Added5. By 1 December 2026, Member States shall notify to the Commission at least two of the mitigation measures implemented pursuant to paragraphs 1 to 4.

Added6. The Commission shall notify the mitigation measures referred to in paragraph 5 to the GFCM Secretariat without delay.’;

Added(66) in Article 106, paragraph 1 is replaced by the following:

Added‘1. Without prejudice to more stringent provisions laid down in Article 14 of Regulation (EC) No 1224/2009, masters of fishing vessels shall record in their fishing logbooks the following information:

Added(a) any event of incidental catch and release of seabirds;

Added(b) any event of incidental catch and release of sea turtles;

Added(c) any event of incidental catch and release of monk seals;

Added(d) any event of incidental catch and release of cetaceans;

Added(e) any event of incidental catch, release or discarding in GSAs 1 to 27 of shark species listed either in Annex II or III to the Protocol concerning specially protected areas and biological diversity in the Mediterranean;

Added(f) any event of incidental catches of elasmobranchs in GSAs 1 to 27.’;

Added(67) Article 107 is replaced by the following:

Added‘Article 107

AddedEstablishment of a fisheries restricted area

AddedA fisheries restricted area (FRA) in the eastern Gulf of Lion (geographical subarea 7) is established with a view to reinforcing the protection of spawning aggregations and deep-sea sensitive habitats.

AddedThe FRA referred to in the first paragraph of this Article shall be divided into Zone A and Zone B and bounded by the lines joining the geographical coordinates defined in Part B of Annex XI.’;

Added(68) the following article is inserted:

Added‘Article 107a

AddedManagement and monitoring of fishing capacity and fishing effort

Added1. With a view to contributing to the protection of VMEs and essential fish habitats for demersal stocks such as European hake, any professional fishing vessels targeting demersal stocks and using towed nets, bottom or mid-water longlines or bottom-set nets shall be prohibited in Zone A.

Added2. Fishing activities targeting demersal stocks and using towed nets, bottom or mid-water longlines or bottom-set nets shall be prohibited in Zone B from 1 November to 30 April of each year.

Added3. Any recreational fishing activity shall be prohibited in Zones A and B.’;

Added(69) Article 108 is replaced by the following:

Added‘Article 108

AddedFishing effort

AddedThe annual fishing effort (days at sea) exerted on demersal stocks by vessels authorised to fish in the FRA using towed nets, bottom or mid-water longlines or bottom-set nets ▌ shall not exceed the level of fishing effort exerted over the reference period 2015 to 2017.’;

Added(70) Article 110 is amended as follows:

Added(a) paragraph 3 is replaced by the following:

Added‘3. Unless Member States have already done so, they shall communicate to the Commission the national legislation in force on 31 December 2008 concerning:

Added(a) the maximum time of daily fishing activity;

Added(b) the maximum number of days at sea.’;

Added(b) the following paragraph is added:

Added‘4. Member States shall not transfer effort between vessels authorised to fish in the FRA that use different types of gear.’;