Changes from plenary report to adopted text

Added(d) the port of destination of the receiving fishing vessel;

Added(e) the designated port of transhipment.

Added3. The masters of both the donor and the receiving fishing vessel shall submit a GFCM transhipment declaration, as soon as possible and not later than 48 hours after transhipment:

Added(a) to their flag Member State; and

Added(b) if the transhipment has taken place in a port of another Member State or in a port of a non-EU Contracting Party of the GFCM, the submission of the GFCM transhipment declaration shall also be done to the competent authorities of the port concerned.

Added4. GFCM transhipment declaration shall be signed by the master of the receiving fishing vessel and the master of the donor fishing vessel.

Added5. The masters of both donor and the receiving fishing vessels shall each be responsible for the accuracy of the data recorded in their GFCM transhipment declaration.

Added6. A copy of the GFCM transhipment declaration shall be retained on board of each fishing vessel until all catches and fishery products have been landed.

AddedArticle 120d

AddedMonitoring and control measures

Added1. The permitted margin of tolerance in estimates recorded in the GFCM transhipment declaration of the quantities in kg live weight of fish transhipped or received shall be 10 % for all species.

Added2. The authorities of the port State shall review the information received, in cooperation with the authorities of the flag State of the fishing vessels, if needed, to determine consistency between the reported catches, transhipments, and landings of each fishing vessel. That verification shall be carried out in a manner that ensures the vessel experiences the minimum interference and inconvenience and that degradation of the fish is avoided.

Added3. All donor and receiving fishing vessels authorised to conduct transhipment shall be required to have and use an operational VMS onboard as described in Article 19 of Commission Implementing Regulation (EU) No 404/2011*.

AddedArticle 120e

AddedReporting

Added1. Member States shall report to the Commission, by 15 April of each year, the list of designated ports, landing points, and places close to the shore where transhipment operations under this section are allowed.

Added2. The Commission shall report to the GFCM Secretariat the information referred to in paragraph 1, by 30 April of each year.

Added3. Member States shall report to the Commission any relevant information on the implementation of Recommendation GFCM/45/2022/14 by 15 April of each year.

Added4. The Commission shall send to the GFCM Secretariat the information referred to in paragraph 3 by 30 April of each year.

AddedSection VI

AddedRecreational fisheries in the Mediterranean Sea

AddedArticle 120f

AddedScope

AddedThis section establishes the minimum rules for management, control and monitoring of recreational fishing activities in the Mediterranean Sea, GSAs 1 to 27 as provided for in Annex I.

AddedArticle 120g

AddedProhibitions

AddedWithout prejudice to more stringent provisions laid down in Article 7 of Regulation (EU) 2019/1241, it shall be prohibited to:

Added(a) engage in recreational fishing without a valid fishing license or registration, in accordance with this Chapter ▌ ;

Added(b) sell or trade catches from recreational fishing activities;

Added(c) retain any specimen pertaining to the species listed in Annex XXI;

Added(d) retain any specimen smaller than the minimum conservation reference sizes adopted by the GFCM;

Added(e) fish in the areas protected by means of and in accordance with GFCM recommendations, in particular the sensitive habitats and the FRAs established to protect Essential Fish Habitats (EFHs) and VMEs and areas specifically prohibited to recreational fishing under Member States’ national legislation;

Added(f) fish underwater with an autonomous breathing apparatus;

Added(g) fish underwater from sunset until dawn;

Added(h) hold simultaneously hand-held spears or spear guns and an autonomous breathing apparatus (aqualung);

Added(i) fish with toxic, stupefying or corrosive substances, explosives or electric current.

AddedArticle 120h

AddedLicences

AddedMember States shall ▌ put in place and maintain either a mandatory licensing or registry scheme covering all recreational fishers. Member States may exempt fishers on foot from such a scheme.

AddedArticle 120i

AddedControl and enforcement

Added1. Member States shall establish and implement a system to control and monitor recreational fishing activities, complementing existing national control plans, for recreational fishing activities made from vessels.

Added2. The system referred to in paragraph 1 shall be based on risk analysis, taking into account the frequency and threats posed by recreational fishing activities to marine biological resources, in particular regarding the prohibitions listed in Article 120g.

Added3. Member States shall establish and implement an effective sanctioning system against any infringement of this Chapter. The sanctions and penalties applied shall be effective, proportionate and dissuasive and shall take into account the frequency and the threats posed to marine biological resources, in particular regarding the prohibitions listed in Article 120g.

AddedArticle 120j

AddedData collection

AddedWithout prejudice to more stringent provisions laid down in Article 55 of Regulation (EC) No 1224/2009 Member States shall perform sample checks and surveys of the recreational fishing activities in Union waters, taking place on their territory.

AddedArticle 120k

AddedData reporting

Added1. Member States shall report to the Commission, by 15 January of each year, the following information:

Added(a) the list of species prohibited for recreational fishing under national or local legislation;

Added(b) the fishing methods prohibited for recreational fishing under national or local legislation;

Added(c) the areas specifically prohibited for recreational fishing under national or local legislation;

Added(d) the list of species regulated for recreational fishing under national or local legislation;

Added(e) any measures regulating recreational fishing activities under national or local legislation.

Added2. The Commission shall report to the GFCM Secretariat by 31 January of each year the information listed in paragraph 1.

Added_____________

Added* Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2011/404/oj).’;

Added(76) in Article 122, paragraph 2 is replaced by the following:

Added‘2. The list referred to in paragraph 1 shall include the information set out in the first column of Annex XXIII and the following information: