Changes from plenary report to adopted text

Added(a) the vessel’s CFR number as defined in, and its external marking, as referred to in, Implementing Regulation (EU) 2017/218;

Added(b) the period during which fishing or transhipment is authorised;

Added(c) the fishing gears used.’;

Added(77) Article 128 is amended as follows:

Added(a) in paragraph 1, point (b) is replaced by the following:

Added‘(b) evidence reported by Member States supporting the presumption of IUU fishing activities, including information on the identification of the vessel concerned.’;

Added(b) the following paragraphs are added:

Added‘4. Within the scope of this section, a fishing vessel is deemed to have carried out IUU fishing activities in the GFCM Agreement area where a Member State presents evidence that that vessel has engaged in one or more of the following activities in contravention of GFCM conservation and management measures:

Added(a) the activities referred to in Article 3 of Regulation (EC) No 1005/2008;

Added(b) harvesting fish in the GFCM Agreement area whilst being without nationality;

Added(c) harvesting fish in the GFCM Agreement area whilst being without adequate vessel identification number;

Added(d) engaging in fishing or fishing-related activities, in contravention of any other GFCM conservation and management measures.

Added5. Where appropriate, Member States shall investigate alleged IUU fishing activity and monitor the vessels concerned.

Added6. Where appropriate, Member States shall notify the owner of a vessel of the submission of information on that vessel by the Member State for inclusion in the draft GFCM IUU vessel list and of the consequences that may result should the vessel be included in that list as adopted by the GFCM.’;

Added(78) Article 130 is replaced by the following:

Added‘Article 130

AddedDraft GFCM IUU vessel list

AddedUpon receipt of the draft GFCM IUU vessel list from the GFCM Secretariat, Member States shall:

Added(a) closely monitor the vessels included in the draft GFCM IUU vessel list and determine their activities and possible changes of name, flag or registered owner;

Added(b) notify the owner of the vessel flying its flag of its inclusion in the draft GFCM IUU vessel list and of the consequences that may result should the vessel be included in the adopted GFCM IUU vessel list.

AddedUpon receipt of the draft GFCM IUU vessel list from the GFCM Secretariat, Member States may communicate their comments to the Commission, as appropriate.

AddedThe Commission shall communicate the information referred to in the second paragraph to the GFCM Secretariat at least 30 days before the GFCM annual session.

AddedMember States may submit to the Commission at the latest 7 days before the GFCM annual session any additional information which may be relevant for the establishment of the GFCM IUU vessel list.

AddedThe Commission shall send the information referred to in the fourth paragraph to the GFCM Secretariat before the GFCM annual session.’;

Added(79) in Chapter III, the following article is added:

Added‘Article 130a

AddedVessel sightings

Added1. Member States shall collect, through enforcement and surveillance operations conducted by their competent authorities in the GFCM Agreement area, as much information as possible whenever a vessel flying the flag of a third country or a vessel with undetermined nationality or without nationality is sighted as engaged in fishing or fishing-related activities that are deemed to be IUU.

Added2. Member States shall collect information on vessel sightings in accordance with the sighting information sheet set out in Annex VII.

Added3. When a vessel is sighted, the sighting Member State shall, without delay, notify the sighting information sheet referred to in paragraph 2 and provide any recorded images of the vessel concerned to the competent authorities of the flag Member State or flag GFCM Contracting Parties or flag non-contracting parties of the sighted vessel.

AddedWhere the sighted vessel is flying the flag of a Member State, the flag Member State shall, without undue delay, take appropriate action with respect to the vessel concerned. Both the sighting Member State and the flag Member State of the sighted vessel shall provide information on the sighting to the Commission and the European Fisheries Control Agency (EFCA), including details of any follow-up actions taken.

AddedIf the sighted vessel is flying the flag of another GFCM Contracting Party, a non-contracting party, is of indeterminate nationality, or is without nationality, the sighting Member State shall, without undue delay, provide to the Commission and the EFCA all appropriate information on the sighting. The Commission, where appropriate, shall transmit that sighting information to the GFCM Secretariat.

Added4. When a vessel is sighted and there are reasonable grounds to suspect that the vessel concerned is without nationality, the officials of the sighting Member States may board the vessel to confirm its nationality. Those Member States shall notify the Commission without delay of the result of that inspection. The Commission shall notify that result to the GFCM Secretariat without delay.

Added5. Member States shall immediately report to the Commission information collected from boardings on vessels of non- contracting parties conducting fishing or fishing-related activities on species covered by GFCM fisheries management measures in waters outside national jurisdiction in the GFCM Agreement area. The Commission shall transmit that information to the GFCM Secretariat without delay.

Added6. Fishing and support vessels of Member States operating in the GFCM Agreement area shall collect and report information to their competent national authorities to support the vessel sightings referred to in this Article.’;

Added(80) the following article is inserted:

Added‘Article 138a

AddedData management, protection of personal data and confidentiality

Added1. Personal data required for the application of Article 15(1), Article 24(1), Article 30b (4) and (5), Article 30c, Article 34(1), Article 37b(4) and (5), Article 37c, Article 47(4), Article 54, Article 63(4) and (5), Article 64, Article 70(2), Article 75f(1), Article 78(3), Article 94a (1), Article 96c(1), Article 126 and Article 128(3) shall be collected and processed by the authorities of the Member States and the Commission for the following purposes:

Added(a) complying with the obligations of identifying relevant fishing vessels information and carry out data exchanges of fisheries data in accordance with Articles 15, 24, 34, 47, 70, 74, 78, 94a and 96c; and

Added(b) monitoring, control, inspection and surveillance of fishing activities in accordance with Articles 30b, 30c, 37b, 37c, 54, 63, 64, 126 and 128.

Added2. Personal data received in accordance with this Regulation shall not be stored for longer than it is necessary for the purpose it was collected and, in any event, no longer than 5 years from its collection, except for personal data that is necessary to allow for the following up of complaints, infringements and judicial or administrative proceedings, which may be retained until the end of the procedure, administrative or judicial proceedings concerned or the time needed for the application of sanctions or penalties. If the data are retained for a longer period, they shall be anonymised.

Added3. The authorities of the Member States shall be regarded as controllers as defined in Article 4, point (7), of Regulation (EU) 2016/679 of the European Parliament and of the Council* in relation to the processing of personal data which they collect and transmit pursuant to this Regulation.

Added4. The Commission shall be regarded as controller as defined in Article 3, point (8), of Regulation (EU) 2018/1725 of the European Parliament and of the Council** in relation to the processing of personal data which it collects and transmits pursuant to this Regulation.

Added5. In addition to the obligations established in Regulations (EU) 2016/679 and (EU) 2018/1725, the authorities of the Member States and the Commission shall each:

Added(a) ensure confidential treatment when transmitting and receiving electronic data;

Added(b) take the necessary measures to comply with the confidentiality and security provisions set out in GFCM Recommendations, including appropriate encryption protocols to ensure confidentiality and authenticity;

Added(c) where necessary, at the request of the GFCM Secretariat, rectify or erase electronic reports or messages processed in a manner which does not comply with this Regulation;

Added(d) ensure that electronic data is stored and used only for monitoring, control, inspection and enforcement or other purposes specified in this Regulation; and

Added(e) ensure that all transmission of electronic data use data communication systems duly tested with the GFCM Secretariat.

Added6. The authorities of the Member States and the Commission shall each ensure the security of the processing of personal data in respect of the processing of personal data that takes place pursuant to this Regulation, including the processing of personal data by the authorities having a right to access relevant fisheries databases. In particular, they shall adopt the necessary measures in order to:

Added(a) physically protect data, including by making contingency plans for the protection of critical infrastructure;

Added(b) prevent the unauthorised reading, copying, modification or removal of data media;

Added(c) prevent the unauthorised input of data and the unauthorised access, modification or deletion of recorded personal data;

Added(d) prevent the unauthorised processing of data and any unauthorised copying, modification or deletion of data;

Added(e) ensure that persons authorised to access the relevant fisheries data bases have access only to the data covered by their access authorisation, by means of individual user identities and confidential access modes only;

Added(f) ensure that it is possible to verify and establish to which GFCM bodies personal data may be transmitted and what data have been processed in the relevant fisheries databases, including when, by whom and for what purpose that processing has taken place;

Added(g) prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data to or from the relevant fisheries databases or during the transport of data media, in particular by means of appropriate encryption techniques; and

Added(h) monitor the effectiveness of the security measures provided for in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation.

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