Changes from plenary report to adopted text

Added(71) the following articles are inserted:

Added‘Article 110a

AddedData collection and scientific monitoring

Added1. Member States shall develop a scientific monitoring plan for the FRA.

AddedMember States shall report to the Commission the results of the scientific monitoring plan referred to in the first subparagraph.

Added2. Member States shall ensure that the vessel owners:

Added(a) record in the electronic logbook or in an equivalent document in line with international standards and the data reporting requirements of relevant GFCM recommendations, information on fishing activities, catch data for key species referred to in Article 108, incidental catches, release or discarding of sensitive species listed in Annex II or III of the Protocol concerning specially protected areas and biological diversity in the Mediterranean;

Added(b) report to the national authorities the information referred to in point (a) of this paragraph, for notification within their annual national reporting, in line with the GFCM DCRF manual.

Added3. Member States shall ensure that any other additional measure, for example 5 % coverage of onboard observers or remote electronic monitoring in order to level the playing field between all vessels, is taken to improve data collection with a view to scientific monitoring of key species referred to in Article 108.

AddedArticle 110b

AddedControl and enforcement measures

Added1. Member States shall maintain a list of the vessels authorised to fish in the FRA.

Added2. Member States shall communicate to the GFCM Secretariat by 30 April of each year, through the GFCM DCRF online platform, an updated version of the list referred to in paragraph 1. For each vessel, that updated version of the list shall contain the information detailed in Annex VIII.

Added3. Member States shall send to the Commission, by 15 May of each year, a report on the management measures they have taken in FRA. The Commission shall send that report to the GFCM Secretariat by 31 May of each year.

Added4. Member States shall communicate to the Commission the legal conditions provided for in their national law, as in force on 31 December 2023, regarding the maximum duration of a fishing day. The Commission shall communicate that information to GFCM Secretariat without delay. That obligation shall not apply to Member States which have already communicated those legal conditions to the Commission.

Added5. Fishing vessels above 12 metres in LOA transiting in the FRA shall have an operational transponder on board for VMS or Automatic Identification Systems (AIS) displaying increased data transmission, and they shall have all fishing gear lashed and stowed during the entire duration of the transit. Transiting fishing vessels shall follow a direct course at a constant speed of no less than 6 knots, except in the case of force majeure or adverse conditions. In such cases, the master of the vessel shall immediately inform the fisheries monitoring centre (FMC) of the vessel’s flag State so that it can notify the force majeure to the competent authorities of the Member States.’;

Added(72) Article 112 is deleted;

Added(73) Article 113 is replaced by the following:

Added‘Article 113

AddedFisheries restricted areas

AddedFishing with bottom trawl nets shall be prohibited in the:

Added(a) FRA ‘East of Adventure Bank’ bounded by lines joining the coordinates set out in Part B of Annex XI;

Added(b) FRA ‘West of Gela Basin’ bounded by lines joining the coordinates set out in Part B of Annex XI;

Added(c) FRA ‘East of Malta Bank’ bounded by lines joining the coordinates set out in Part B of Annex XI.

AddedAny demersal fishing activity, including recreational fisheries, irrespective of the vessels’ LOA, shall not be allowed in the FRAs referred to in the first paragraph.’;

Added(74) in Article 115, the following paragraph is added:

Added‘4. Fishing activity with purse seines and pelagic trawls targeting anchovy or sardine shall be prohibited in the area bounded by lines joining the coordinates set out in Part D of Annex XI.’;

Added(75) the following sections are added:

Added‘Section V

AddedTranshipments

AddedArticle 120a

AddedScope

Added1. Without prejudice to Article 20 of Regulation (EC) No 1224/2009, this section regulates transhipment operations in the GFCM Agreement area, as provided for in Annex I.

Added2. Transhipments at sea outside Union waters shall be prohibited, except in case of force majeure, within the GFCM Agreement area.

Added3. Transhipments shall be allowed only in designated ports, landing points or places close to the shore authorised for that purpose, subject to an authorisation and to the conditions laid down in this section.

Added4. Transhipment shall not take place if any of the vessels involved are included in the GFCM IUU vessel list.

Added5. For the purpose of this section, relocation, pair trawling activities and fishing operations involving joint action by two or more fishing vessels from Member States or Contracting Parties of the GFCM shall not be considered as transhipment.

AddedArticle 120b

AddedTranshipment operations at port

Added1. A transhipment operation at port shall be allowed only subject to authorisation issued by the authorities of the coastal Member State and by the authorities of the flag State of the vessels.

Added2. The authorisation referred to in paragraph 1 shall be issued when the authorities of the flag State of the vessel have verified that the activities carried out by the vessels taking part in the transhipment are in line with the GFCM conservation and management measures and that the vessels have not been engaged in IUU fishing activities.

Added3. The authorisation referred to in paragraph 1 shall be kept on board of the donor vessel and made available during an inspection or control procedure.

Added4. The master of the donor fishing vessel shall notify the authorities of the port Member States on the identification of the receiving vessel, and the date, time and port where the transhipment will take place, at least 48 hours in advance of the transhipment operation.

Added5. The identification referred to in paragraph 4 shall contain, at least, the name of the vessel, International Maritime Organization (IMO) number, GFCM register number, external mark, port of registry and flag of the fishing vessel.

Added6. The master of the receiving vessel shall, 48 hours before landing, transmit a GFCM transhipment declaration to the competent authorities of the State where the landing is to take place.

Added7. The master of the receiving vessel shall, no later than 24 hours before starting the transhipment, complete and transmit to the authorities of the port Member State information about the catches and fisheries product on board. Catches shall be reported by indicating species and weight or number of specimens, where relevant.

Added8. Member States shall require the master of the donor fishing vessel issuing the request to transmit the following information:

Added(a) species by FAO alfa-code identification and product form;

Added(b) catches on board to be transhipped, in kg live weight, in processed weight or number of individuals, where relevant;

Added(c) geographic location of the catches (as recorded in the logbook);

Added(d) place and date where the transhipment is to take place;

Added(e) the receiving vessel’s name, registration number, IMO number and flag.

Added9. Member States shall monitor vessels that are not flying their flag and are seeking access to their ports, and ensure that such vessels have not been engaged in fishing or fishing-related activities in contravention of any GFCM conservation measure.

AddedArticle 120c

AddedGFCM transhipment declarations

Added1. Masters of fishing vessels above 15 metres in LOA involved in a transhipment operation shall complete a GFCM transhipment declaration in accordance with Annex XX and indicate specifically all quantities of each species transhipped or received above 50 kg in live weight equivalent or number of specimens, where relevant.

Added2. The GFCM transhipment declaration shall contain at least:

Added(a) the external identification number and the name of both the donor and the receiving fishing vessels;

Added(b) the FAO alpha-3 code of each species and the relevant GFCM geographical area in which the catches were taken;

Added(c) the estimated quantities of each species in kg in product weight, categorised by type of product presentation, or, where appropriate, the number of specimens, including the quantities or specimens below the applicable minimum conservation reference size, as a separate entry;