Changes from plenary report to adopted text

RemovedRecital 4: (4) Certain provisions of ICCAT Recommendations are likely to be amended at forthcoming ICCAT annual meetings due to the introduction of new technical and management measures for fisheries governed under the ICCAT Convention. Therefore, in order to swiftly implement into Union law future amendments to ICCAT Recommendations before the start of the fishing season, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the conditions to authorise catch and retain shortfin mako sharks, as well as for bluefin tuna management, reporting time limits, time periods for fishing seasons, content of carry-over declarations, and provisions for caring, derogations for designation of fishing areas, fishing vessels and gear, and derogation for fishing bluefin tuna for farming purposes, conditions for assigning Regional Observer for farms and Member States’ duties and content of the annual caging reporting.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 1 – point b, Article 4 – paragraph 1 – point 24: (24) ‘fish-aggregating device’ (FAD) means a permanent, semi-permanent or temporary object, structure or device of any material, human-made or natural, which is deployed and/or tracked, and used to aggregate fish for subsequent capture. FADs can either be anchored (aFADs) or drifting (dFADs);

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 1 – point d, Article 4 – paragraph 1 – point 31: (31) ‘Floating object” (FOB) means any natural or artificial floating (i.e. surface or subsurface) object with no capability of moving on its own. FADs are FOBs that are human-made and intentionally deployed and/or tracked. Logs are FOBs that are accidently lost from anthropic and natural sources;

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 1 – point f a (new), Article 4 – paragraph 1 – point 33 a (new): (fa) the following point is added: / “(33a) "Shallow-set longlines" means longlines where the majority of hooks are used for fishing at depths of less than 100 metres.”

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 1 – point f b (new), Article 4 – paragraph 1 – point 33 b (new): (fb) the following point is added: / “(33b) ‘Circle hook’ means a hook with the point turned perpendicularly back to the shank to form a generally circular or oval shape and used with an offset of no more than 10 degrees.”

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 2, Article 5a – paragraph 1: 1. By 31 January each year, Member States shall adopt their annual capacity/fishing plan.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 2, Article 5a – paragraph 5 a (new): 5a. Member States shall report every three months to the Commission the amount of tropical tunas by species caught by vessels flying their flag within 15 calendar days of the end of the period during which the catches were made, namely by 15 April, 15 July and 15 October of each year and by 15 January of the following year, unless such information is sent on a monthly basis to the Commission. Those quarterly reports shall be sent using the aggregated catch data report format. The Commission shall send that information to the ICCAT Secretariat by 30 April, 30 July and 30 October of each year and by 30 January of the following year.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 2 a (new), Article 5 b (new): (2a) The following article is inserted: / “Article 5b / Recreational fishery for Mediterranean albacore / 1. Natural or legal persons engaged in recreational fisheries shall not catch, retain on board, tranship or land more than three Mediterranean albacore specimens per vessel per day. / 2. It shall be prohibited to market Mediterranean albacore caught in recreational fishery. / 3. Member States shall provide to the Commission and to the ICCAT Secretariat the list of all recreational fishery vessels authorised to catch Mediterranean albacore, at least 15 days before the exercise of the activities. Vessels not included on that list shall not be authorised to catch Mediterranean albacore.”

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 3, Article 6a – paragraph 2: 2. Tropical tuna caught by a Union purse seiner shall not be discarded during the set once the net is completely closed and when more than half of the net has been retrieved. In the event of a technical problem with the closing or retrieval of the net, masters, or the crew on their behalf, shall make every effort to release the tunas into the water as quickly as possible.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 7 – point a, Article 9 – paragraph 4: 4. Member States shall ensure that no more than 300 FADs per vessel with operational buoys are active at the same time.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 2 – introductory part: 2. When using or designing FADs, Member States shall:

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 2 – point a: (a) ensure that all FADs deployed are non-entangling in line with the guidelines under Annex 5 to Recommendation 21-01;

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 2 – point b: (b) endeavour that all FADs are constructed from biodegradable materials, including non-plastics, with the exception of materials used in the construction of FAD tracking buoys;

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 11, Article 14 – paragraph 1: 1. Member States shall ensure that vessels flying their flag do not deploy drifting FADs during a period of 15 days prior to the start of the closure periods established under Union law.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 11, Article 14 – paragraph 2 – introductory part: 2. Member States shall ensure that vessels flying their flag that are authorised to fish for tropical tuna shall:

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 20, Article 27 – title: Article 27

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 20, Article 27 – paragraph 1: deleted

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 20, Article 27 – paragraph 2: 2. To the extent possible, Union pelagic longline vessels and Union purse seiners shall promptly release blue marlin and white marlin/roundscale spearfish that are alive at haul-back, giving due consideration to the safety of crew members, in a manner that causes the least harm and maximizes post-release survival.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 20, Article 27 – paragraph 3: 3. Member States shall encourage implementation of the minimum standards for safe handling and live release procedures specified in Annex 1 to Recommendation 19-05 by producing guidelines for their fleet. Union fishing vessels shall have readily available on deck and easily accessible by crew, a lifting device, bolt cutter, dehooker/disgorger and line-cutter for safe release of live marlins caught.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 20, Article 27 – paragraph 4: 4. Member States shall ensure that captain and crew members of their fishing vessels are adequately trained, aware of and use proper mitigation, identification, handling and releasing techniques and keep on board all equipment necessary for the release of marlins in accordance with the guidelines on minimum standards for safe handling procedures referred to in paragraph 3.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 20, Article 27 – paragraph 6: 6. Member States may authorise pelagic longline and purse seiners flying their flag to fish and retain on board, tranship, or land blue marlin and white marlin/roundscale spearfish that are dead, within their catch limit.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 21, Article 29 – paragraph 5: 5. Member States shall take appropriate measures to ensure that, in recreational fisheries, any released fish shall be released in a manner that causes the least harm.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 24, Article 33: North Atlantic shortfin mako sharks (Isurus oxyrinchus) / 1. North Atlantic shortfin mako sharks caught in Union fishing vessels shall not be harmed and shall be promptly released into the sea, while giving due consideration to the safety of crew members. / 2. Member States shall make sure that vessels flying their flag apply the minimum standards for safe handling and release procedures of North Atlantic shortfin mako shark as set out in Annex VIIIa. / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 24 a (new), Article 33 a (new): (24a) The following article is inserted / "Article 33a / South Atlantic shortfin mako sharks (Isurus oxyrinchus) / 1. Member States shall make sure that vessels flying their flag apply the minimum standards for safe handling and release procedures of South Atlantic shortfin mako shark as set out in Annex VIIIa. / 2. Member States shall report on a monthly basis to the Commission all permissible landings of vessels flying their flag, which are authorised to catch South Atlantic shortfin mako. That report shall be sent to the Commission within 15 days of the end of the calendar month in which the catches were made. In addition, Member States shall report to the Commission every year the dead discards, live releases and total catches of vessels flying their flag. / 3. By 30 June every year, Member States with vessels flying their flag having reported catches (landings and dead discards) of South Atlantic shortfin mako sharks shall communicate to the Commission the statistical methodology used to estimate dead discards and live releases. Member States with artisanal and small-scale fisheries shall also provide information about their data collection programs. / 4. As part of their annual Task 1 and 2 data submissions, Member States shall provide to the Commission all relevant data for South Atlantic shortfin mako, including estimates of dead discards and live releases using the methods approved by the SCRS. / 5. Fishing vessels that retain South Atlantic shortfin mako are prohibi…

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 25 a (new), Article 41: (25a) Article 41 is amended as follows: / (a) the following paragraph is inserted: / “2a. Member States shall require the vessels flying their flag that fish with shallow-set longlines to: / - use only large circle hooks; / - use only finfish bait; or / - use other measures that have been reviewed and considered effective and approved by the ICCAT to be capable of reducing the interaction rate of sea turtles in shallow set longline fisheries.”; / (b) paragraph 4 is replaced by the following: / “4. Member States shall: / (a) ensure that interactions with sea turtles are reduced and eliminated to the extent practicable, where encounters with sea turtles have been documented and reported to the SCRS, through the use or continued use of at least one of the following bycatch mitigation measures: / (i) alternative or new gear types and gear modifications; / (ii) time-area fishing restrictions and closures in instances where there is a higher risk of interaction with sea turtles; / (iii) effective static net gears’ marking allowing their detection by sea turtles such as the use of net colours, light passive reflectors, thicker twine diameter, corks or other materials within the net; / (iv) modifications in fishing behaviour and strategy (for example reduced soaking time); / (b) require their purse seine vessels to avoid encircling sea turtles to the extent practicable, release encircled or entangled sea turtles, including on FADs, where feasible, and ensure that FADs deployed constr…

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 26, Article 44a – title: Article 44a

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 26, Article 44a – paragraph 1: In addition to provisions of Article 9 of the Council Regulation (EC) No 1224/2009 of 20 November 20095 , Member States shall ensure that tracking devices of fishing vessels flying their flag are permanently and continuously operational and that vessel position data is collected and transmitted to the competent authorities of the Member State at least once every hour for purse seine and at least once every two hours for all other vessels.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 26, Article 44a – paragraph 1 a (new): In the event of technical failure or non-operation of the tracking device fitted on board a Union fishing vessel, the device shall be repaired or replaced as soon as possible or at least within one month from the time of the event, unless the vessel is no longer operating in the ICCAT Convention area. Union fishing vessels shall not start a fishing trip without the tracking device having been repaired or replaced.

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 31, Article 66 – paragraph 5: 5. Flag Member States shall consider and act on reports of infringements from inspectors of a port State on a similar basis as the reports from their own inspectors, in accordance with Regulation (EU) 2017/2403 of the European Parliament and of the Council1a. / 1a Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L347, 28.12.2017, p. 81))

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 32 a (new), Article 69 a (new): (32a) The following article is inserted: / “Article 69a / IUU vessels / Member States shall ensure that IUU listed vessels are not authorised to land, tranship, re-fuel, re-supply, or engage in other commercial transactions.”

RemovedArticle 1 – paragraph 1 – point 35 a (new): (35a) The text set out in the Annex to this Regulation is added as Annexes VIIIa, VIIIb and VIIIc to Regulation (EU) 2017/2107.

RemovedArticle 2 – paragraph 1 – introductory part: Regulation (EU) 2023/2053 is amended as follows:

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point -1 (new), Article 5: (-1) Article 5 is replaced by the following: / “Article 5 / (3) ‘Convention Area’ means the geographical area defined in Article 1 of the Convention; / (4) ‘CPC’ means a Contracting Party to the Convention and a cooperating non-contracting party, entity or fishing entity; / (6) 'operator' means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products; / (7) ‘farm CPC' means the Member State under whose jurisdiction the bluefin tuna farm is located; / (8) 'flag CPC' means the Member State where the fishing vessel is flagged; / (9) 'trap CPC' means the Member States under whose jurisdiction the trap is located; / (10) ‘fishing vessel’ means any powered vessel used for the purposes of the commercial exploitation of bluefin tuna resources, including catching vessels, fish processing vessels, support vessels, towing vessels, vessels engaged in transhipment and transport vessels equipped for the transportation of tuna products and auxiliary vessels, except container vessels; / (11) ‘catching vessel’ means a vessel used for the purposes of the commercial capture of bluefin tuna resources; / (12) ‘towing vessel’ means any vessel used for towing live bluefin tuna cages; / (13) ‘processing vessel’ means a vessel on board of which fisheries products are subject to one or more of the following operations, prior to thei…

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1, Article 7 – points a and b: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 a (new), Article 8: (1a) Article 8 is replaced by the following: / “Article 8 / 1. Automatic carry-over of any unused quota is not authorised. / 2. Member States may request to transfer a maximum of 5% of their annual quota form one year to the following year. The Commission shall include this request in its annual fishing/capacity plans for endorsement by the ICCAT Commission."

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 b (new), Article 12: (1b) Article 12 shall be replaced by the following: / “Article 12 / In accordance with Article 17 of Regulation (EU) No 1380/2013, when allocating the fishing opportunities available to them, Member States shall use transparent and objective criteria, including those of an environmental, social and economic nature, and shall also distribute national quotas fairly among the various fleet segments, giving special consideration to traditional and artisanal fisheries, and to provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 c (new), Article 14 – introductory part: (1c) In Article 14, the introductory part is replaced by the following: / “Member States with a bluefin tuna quota shall establish an annual monitoring, control and inspection plan with a view to ensuring compliance with this Regulation. Each Member State shall submit its respective plan to the Commission. Each Member State shall establish its plan in accordance with:”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 d (new), Article 15 – paragraphs 6 and 7: (1d) Article 15 is amended as follows : / (a) paragraph 6 is replaced by the following: / “6. Member States shall report statistics on the annual amount of caging (input of wild caught fish), harvesting, and export to the Commission, which shall forward the data to the ICCAT Secretariat, until the ICCAT secretariat has developed a data extraction functionality in the eBCD system and such a functionality becomes available.” / (b) paragraph 7 is replaced by the following: / “7. Where appropriate, Member States shall submit revised farming management plans to the Commission by 15 May each year for transmission to the ICCAT Secretariat by 1 June each year.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 e (new), Article 17 – paragraph 5: (1e) In Article 17, paragraph 5 is replaced by the following: / “5. Bluefin tuna fishing shall be permitted in the eastern Atlantic and the Mediterranean Sea by large-scale pelagic longlines catching vessels over 24 m overall length during the period from 1 January to 31 May with the exception of the area delimited by West of l0°W and North of 42°N.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 f (new), Article 21 a (new): (1f) The following article is inserted: / “Article 21a / Prohibition of retention of bluefin tuna onboard support vessels / Support vessels shall not retain on board or transport bluefin tuna.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 g (new), Article 24 – paragraphs 3, 4 and 5: (1g) Article 24 is amended as follows: / (a) paragraph 3 is replaced by the following: / “3. The marketing of bluefin tuna caught in recreational fisheries shall be prohibited.”; / (b) paragraph 4 is replaced by the following: / “4. Member States shall record catch data including the weight of each bluefin tuna caught in recreational fisheries and communicate the data for the preceding year to the Commission by 30 June each year. The Commission shall forward that information to the ICCAT Secretariat without delay.”; / (c) paragraph 5 is replaced by the following: / “5. Member States shall take the necessary measures to ensure, to the greatest extent possible, the release of bluefin tuna, especially juveniles, caught alive in recreational fisheries. Any bluefin tuna landed shall be whole, gilled and/or gutted.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 h (new), Article 26 – paragraph 1: (1h) in Article 26, paragraph 1 is replaced by the following: / “1. Each year, one month before the start of the period of authorisation, Member States shall submit the information set out in Annex XVI for the following vessel lists: / (a) all catching vessels fishing actively for bluefin tuna; and / (b) all other vessels engaged in bluefin tuna related activities, other than catching vessels. / The Commission shall forward that information to the ICCAT Secretariat 15 days before the start of the fishing activity, so that those vessels can be entered into the ICCAT record of authorised vessels and, if relevant, into the ICCAT record of vessels 20 metres in length overall or greater authorised to operate in the Convention Area.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 i (new), Article 27 – paragraph 2: (1i) In Article 27, paragraph 2 is replaced by the following: / “2. Without prejudice to Article 20(6), Union fishing vessels not entered into the ICCAT records referred to in Article 26 shall be deemed not to be authorised to fish for, retain on board, tranship, transport, transfer, process or land bluefin tuna in the eastern Atlantic and the Mediterranean.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 j (new), Article 28: (1j) Article 28 is amended as follows: / (a) paragraph 1 is replaced by the following: / “1. Member States shall submit to the Commission electronically, as part of their fishing plans, a list of traps authorised to fish for bluefin tuna in the eastern Atlantic and the Mediterranean including the information set out in Annex XVII. The Commission shall forward that information to the ICCAT Secretariat so that those traps can be entered into the ICCAT record of traps authorised to fish for bluefin tuna.”; / (b) the following paragraph is added: / "5. Member States shall notify the Commission, after the establishment of the ICCAT record of traps, any addition to, any deletion from and/or any modification of the ICCAT record of traps at any time such changes occur. The Commission will notify such changes to the ICCAT Secretariat without delay.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 k (new), Article 28 a (new): (1k) The following article is inserted: / “Article 28a / Record of farms / 1. Member States shall submit to the Commission electronically, as part of their fishing plans, a list of farms authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean including the information set out in Annex XVIII. The Commission shall forward that information to the ICCAT Secretariat so that those farms can be entered into the ICCAT record of farms authorised to operate for bluefin tuna. / 2. Tuna farms not entered into the ICCAT record of farms shall not be deemed to be authorised to operate for bluefin tuna. / 3. Farming activities shall not be authorised, including feeding for fattening purposes or harvesting of bluefin tuna, outside the geographical coordinates approved for farming activities. / 4. Member States shall immediately notify the Commission of any addition to, any deletion from and/or any modification of the ICCAT record of farms at any time such changes occur. The Commission shall forward that information to the ICCAT Secretariat without delay. / 5. Member States shall take the necessary measures to ensure that bluefin tuna is not placed into a farm not listed in the ICCAT record of farms and that the farms do not receive bluefin tuna from vessels that are not included in the ICCAT Record of vessels. Member States shall take the necessary measures to prohibit any operation on farms not registered in the ICCAT record of farms. ”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 l (new), Article 33 – paragraph 3 a (new): (1l) In Article 33, the following paragraph is added : / “3a. This Article shall not affect the entry of a CPC fishing vessel to port, in accordance with international law, for reasons of force majeure or distress.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 m (new), Article 34 – paragraph 2: (1m) In Article 34, paragraph 2 is replaced by the following: / “2. Prior to entry into port, masters or their representatives of Union fishing vessels as well as processing vessels and auxiliary vessels included in the list of vessels referred to in Article 26 shall, at least four hours before the estimated time of arrival at the port, notify the competent authority of their flag Member State and the CPC whose ports or landing facility they wish to use of at least the following information: / (a) estimated date and time of arrival; / (c) information on the geographical area where the catches were taken.” / (deleted)

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 n (new), Article 35 – paragraph 5: (1n) In Article 35, paragraph 5 is replaced by the following: / “5. Masters of Union fishing vessels engaged in transhipment operations shall complete and transmit to their flag Member State the ICCAT transhipment declaration no later than five days after the date of transhipment in port. The masters of the transhipping fishing vessels shall complete the ICCAT transhipment declaration in accordance with the format set out in Annex V. The transhipment declaration shall be linked with the eBCD to facilitate cross-checking of data contained thereof.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 o (new), Article 36: (1o) Article 36 is replaced by the following: / “Article 36 / Reports on quantities / Member States shall send catch reports to the Commission every two weeks. Those reports shall include the data required under Article 31 as regards traps, purse seiners and other catching vessels. The information shall be structured by gear type. The Commission shall forward that information to the ICCAT Secretariat without delay.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 p (new), Article 38 – paragraphs 2, 3 and 5: (1p) Article 38 is amended as follows: / (1) paragraph 2 is replaced by the following: / “2. By way of derogation from paragraph 1, for releases of tuna from farms, only regional observers as referred to in Article 39, and not national observers, shall be present on towing vessels.”; / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (2) paragraph 3 is replaced by the following: / “3. The obligations, responsibilities and tasks applicable to the national observers are set out in Annex VIII.”; / (3) paragraph 5 is replaced by the following: / “5. For the purposes of this Article, Member States shall ensure: / (a) representative temporal and spatial coverage to ensure that the Commission receives adequate and appropriate data and information on catch, effort and other scientific and management aspects, taking into account the characteristics of the fleets and fisheries; / (d) that observers are provided, before the start of their deployment, with a list of contacts within the Member State’s competent authority where to report observations; / (e) to the extent practicable, minimal disruption to the operations of vessels and traps fishing in the Convention Area; / (f) that the master of the fishing vessel or the trap operator allows the observer access to the electronic means of communication on board the fishing vessel or on the trap.”.

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 q (new), Article 39: (1q) Article 39 is amended as follows: / (1) in paragraph 2, point (c) is replaced by the following: / “(c) during all transfers from one farm cage to transport cages, which thenare towed to another farm;”; / (2) paragraph 4 is replaced by the following: / “4. Member States shall ensure that one ICCAT regional observer shall be assigned to each farm for the whole period of the caging and harvesting operations. In the event of force majeure, and following confirmation by the farming Member State of those circumstances that constitute force majeure or in cases where neighbouring farms, as authorised and controlled by the same farm Member State, operate jointly as one unit, an ICCAT regional observer may be shared by more than one farm to guarantee the continuity of farming operations, if it is ensured that the observer tasks are duly accomplished and following confirmation from the farm Member State.”; / (3) the following paragraph is inserted: / “4a. By way of derogation from paragraph 4, in the event of transfer between two different farms under the competence of the same Member State, a single regional observer can be assigned to cover the entire process including the transfer of fish to a towing transport cage, the towing of the fish from the donor farm to the recipient farm and the caging of fish on the recipient farm. In that case, a regional observer should be deployed by the donor farm and the cost shall be shared by both the donor and receiving farms, unless otherwise …

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 r (new), Article 40: (1r) Article 40 is amended as follows: / (1) paragraph 1 is replaced by the following: / “1. Before the start of a transfer operation, including voluntary transfers, the master of the catching or towing vessel or its representatives or the operator of the farm or trap, where the transfer originates, shall send to flag Member State, or to the Member State responsible for the farm or trap, a prior transfer notification indicating: / (a) the number and the estimated weight of bluefin tuna to be transferred; / (b) the name of the catching vessel, towing vessel(s), farm or trap, with their respective ICCAT record number; / (c) the date and the location of the catch; / (d) the date and estimated time of transfer; / (e) the estimated position (latitude/longitude) where the transfer will take place and the donor and receiving cage numbers; / (f) farm of destination; / (g) the name and ICCAT number; of the donor farm, in the case of a transfer from the farm cage to a transport cage; / (h) the numbers of the two farm cages and any transport cages involved, in the case of intra-farm transfers.”; / (2) paragraph 2 is deleted; / (3) paragraph 3 is replaced by the following: / “3. A unique identifying number as referred to in Article 45c(2) shall be assigned to all cages used in transfer operations and associated transport of live bluefin tuna.”; / (4) paragraph 5 is replaced by the following: / “5. Member States involved in transfer operations as referred to in paragraph 1, shall authoris…

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 s (new), Article 41: (1s) Article 41 is amended as follows: / (1) the title is replaced by the following: / “Refusal of the transfer authorisation and consequent release of bluefin tuna”; / (2) in paragraph 1, points (b) and (c) are replaced by the following: / “(b) the number and weight of fish has not been duly reported by the catching vessel or trap, or was not authorised to be caged; / (c) the catching vessel or the trap declared to have caught the fish did not have a valid authorisation to fish for bluefin tuna issued in accordance with Article 26, or;” / (3) In paragraph 1, the following point is added: / “(da) the farm of destination is not reported as active in the ICCAT Record of farms.” / (4) paragraph 3 is replaced by the following: / “In the event of a technical failure of its VMS during the transport to the farm, the towing vessel shall be replaced by another towing vessel with a fully-functioning VMS, or a new operative VMS shall be installed or used, as soon as feasible and not later than 72 hours after that technical failure. That period of 72 hours may be exceptionally extended in the event of force majeure or legitimate operational constraints. The technical failure shall be immediately communicated to the Commission, which shall inform the ICCAT Secretariat. Masters or their representatives shall, from the time the technical failure was detected until it is remedied, communicate every hour to the control authorities of the flag Member State the updated geographical coordinates …

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 t (new), Article 42: (1t) Article 42 is amended as follows: / (a) Article 42 shall become Article 43; / (b) paragraph 1 is replaced by the following: / “1. At the end of the transfer operation, masters or their representatives of catching or towing vessels or the operator of the farm or trap shall complete and transmit to the responsible Member State authority, to the ICCAT regional observer where its presence is mandatory and, where applicable, to the master of the towing vessel or the farm receiving the fish, the ICCAT transfer declaration in accordance with the format set out in Annex VI.”; / (c) paragraph 3 is replaced by the following: / “3. The original ITD shall accompany the transfer of fish until the destination farm where it will be caged: / (a) at first transfer, the original of the transfer declaration shall be duplicated by the master of the catching or the towing vessel or its representative, or the representative of a farm or a trap, from which a transfer operation originates when a single catch is transferred from the purse seine net or the trap to more than one transport cage; / (b) in the case of a further transfer, the master of the donor towing vessel shall update the transfer declaration by completing part 3 (further transfers), and provide the updated transfer declaration to the receiving towing vessel.” / A copy of the ITD shall be kept onboard the donor catching or towing vessel(s), or by the donor trap or the donor farm, and be accessible at any time for control purposes …

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 u (new), Article 43: (1u) Article 43 is amended as follows: / (a) Article 43 shall become Article 42; / (b) paragraph 1 is replaced by the following: / “1. The master of the catching or towing vessel or the operator of the farm or trap from which the transfer originates shall ensure that the transfer is monitored by video camera in the water, to determine the number of individuals of bluefin tuna being transferred, except for transfers of cages between two towing vessels which do not involve the movement of live tuna between those cages. The video recording shall be carried out in accordance with the minimum standards and procedures set out in Annex X. Each donor operator Member State competent authority shall take the necessary measures to ensure that identical copies of the relevant video records are provided without delay by the donor operator: / (a) for the first transfer operation and the eventual voluntary transfer, to the ICCAT regional observer and to the receiving towing vessel and, at the end of the fishing trip, to the flag or trap Member State competent authority of the donor operator; / (b) for further transfers, to the national observer on board the donor towing vessel, to the master of the receiving towing vessel and, at the end of the towing trip, to the flag Member State competent authority of the donor towing vessel; / (c) for transfers between two different farms, to the ICCAT regional observer, to the receiving towing vessel and to donor farm Member State competent authority; …

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 v (new), Article 43 a (new): (1v) The following article is inserted: / “Article 43a / Voluntary and control transfers / 1. When the video footage referred to in Article 42 does not meet the minimum standards provided by Annex X, and in particular if its quality and clarity are not sufficient to determine the number of fish being transferred, the master of the catching or the towing vessel or its representative, or the representative of a farm or a trap, from which a transfer operation originates may conduct voluntary transfer(s). / 2. In case voluntary transfer(s) have not been carried out, or if the voluntary transfer(s) still does not permit a determination of the number of fish being transferred, the Member State competent authority of the vessel, trap or farm from which a transfer operation originates shall order a control transfer, which shall be repeated until the quality of the video record allows the estimation of the number of bluefin tuna being transferred. / 3. The voluntary and/or control transfer(s) shall be carried out into another cage which must be empty. The number of fish obtained from the valid voluntary or control transfer shall be used to complete the logbook, the ICCAT Transfer Declaration (ITD) and the relevant sections of the eBCD. / 4. The separation of the transport cage from a purse seine, a trap, or a farm cage shall not occur before the ICCAT regional observer on board the purse seiner, or present on the farm or trap, has carried out its tasks. / 5. In case the quality of the…

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 w (new), Article 44: (1w) Article 44 shall be replaced by the following: / "Article 44 / Investigation by the Member State competent authority / 1. Flag or trap Member States shall investigate all cases where: / (a) There is more than 10% difference between the number of fish reported in the ITD by the master of the catching or towing vessel or operator of the trap and the number of fish estimated by the ICCAT regional observer, or by the CPC national observer, as appropriate; / (b) When the ICCAT regional observer has not signed the ITD; / (c) The margin of error of 10% mentioned in point 2(a) shall be expressed as a percentage of the data provided by the master of the catching or towing vessel or operator of the trap; / (d) At the initiation of an investigation, the Member State competent authority shall inform the flag Member State or CPC competent authority of the towing vessel(s) concerned about the investigation, and ensure that, until the investigation is concluded, no transfer is permitted from or to the transport cage in question; / (e) Where applicable, the investigation shall include the analysis of all the relevant video footages. Such investigation shall be concluded prior to the time of caging and in any case within 96 hours of the investigation being initiated, except on in cases of force majeure. Pending the results of the investigation, caging shall not be authorised and the relevant section of the BCD shall not be validated. / 2. For all transfer operations where a video is requ…

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 x (new), Article 45 a (new): (1x) The following article is inserted: / “Article 45a / Amendments to ITDs and eBCDs following inspections at sea or investigations / If, following an inspection at sea or an investigation, the number of fish is found to be more than 10 % different to that declared in the ITD and eBCD, the eBCD shall be amended by the CPC competent authority of the donor operator to reflect the result of the investigation.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 y (new), Article 45 b (new): (1y) The following article is inserted: / “Article 45b / General provisions / 1. Each farm Member State shall nominate a single competent authority responsible for coordinating the collection and verification of information on Member States’ caging activities, for the control of farm activities conducted under its jurisdiction, and for reporting to and cooperating with the Member States and CPC competent authorities whose flag vessels or trap caught the caged tuna. / 2. All bluefin tuna fishery and farm activities shall be subject to the control described in the monitoring, control and inspection plan submitted under Article 15. / 3. Member States involved in caging related activities shall exchange information and cooperate to ensure that the number and weight of bluefin tuna intended for caging are accurate, consistent with the catch amounts reported by the purse seine vessel or trap, and declared in the relevant sections of the eBCD. / 4. Farm Member States shall ensure that farm operators maintain at all times an accurate schematic plan of their farms, indicating the unique number of all cages and their individual position on the farm. The updated plan shall be made available at all times to the farm Member State competent authority for control purposes and to the ICCAT regional observer deployed on the farm. Any modification to the schematic plan is subject to prior notification to the farm Member State competent authority. The schematic farming plan shall be adapted any…

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 z (new), Article 45 c (new): (1z) The following article is inserted: / “Article 45c / Unique identifying number / 1. Before the start of the bluefin tuna fishing campaign, the farm CPC competent authority shall assign a unique and identifiable number to each cage associated to farms under its jurisdiction, including those cages used to transport the fish to the farm. / 2. Cage numbers shall be issued with a unique identifying number that includes at least the alpha-3 code corresponding to the farming Member State followed by three numbers. Unique cage numbers shall be permanent and not transferable from one cage to another. / 3. The unique cage numbers shall be stamped or painted on two opposite sides of the ring of the cage and above the water line, in a color contrasting with the background on which they are painted or stamped, and must be visible and legible at any time for control purposes. The height of the letters and numbers shall be at least 20 centimetres with a line thickness of at least 4 centimetres. / 4. Alternative methods to mark the unique number on the cage are allowed, providing they offer the same guarantee of visibility, legibility and inviolability.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 1 aa (new), Article 45 d (new): (1aa) The following article is inserted: / “Article 45d / Caging authorisation / 1. Each caging operation is subject to the procedure set out in paragraphs 2 to 4. / 2. The farms operator shall request a caging authorisation issued by the farm Member State competent authority including the following information: / (a) the number and weight of fish to be caged as referred to in the transfer declaration (ITD); / (b) the relevant transfer declarations (ITD); / (c) the eBCD(s) reference concerned, as confirmed and validated by the catching flag or trap Member State or CPC competent authority; / (d) all the reports of fish that die during transport, duly recorded in accordance with Annex XIII. / 3. The farm Member State competent authority shall notify the information in paragraph 2 to the relevant catching flag or trap Member State or CPC(s) competent authority(ies), and shall ask for confirmation that the caging operation can be authorised. / 4. Within 3 working days, the catching flag or trap Member State or CPC(s) competent authority(ies) shall notify the farm Member State or CPC competent authority that the caging operation concerned can be authorised or must be refused. In the case of refusal, the flag or trap Member State competent authority shall specify the reason(s) for the refusal, and the refusal shall include the consequent release order. / 5. The farm Member State shall issue the caging authorisation immediately after receipt of the confirmation by the catching flag …

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2, Article 46: (2) Article 46 is replaced by the following: / “Article 46 / Refusal of an authorisation / The competent authority of the Member State responsible for the catching vessel or trap shall refuse to approve the caging if it considers that: / (a) the catching vessel or trap which caught the fish had not a sufficient quota to cover the bluefin tuna to be caged; / (b) the quantity of fish to be caged has not been duly reported by the catching vessel or trap; or / (c) the catching vessel or trap declared to have caught the fish does not have a valid authorisation to fish for bluefin tuna, issued in accordance with Article 26. / In the event that the Member State responsible for the catching vessel or trap refuses to approve the caging, it shall: / (a) inform the competent authority of the Member State or CPC responsible for the farm; and / (b) request that competent authority to proceed to the seizure of the catches and the release of the fish into the sea.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 a (new), Article 46 b (new): (2a) The following article is inserted: / “Article 46b / Caging operations / 1. At arrival of the towing vessel in the vicinity of the farm, the farm Member State competent authority shall ensure that the towing vessel concerned is maintained at a distance of minimum 1 nautical mile from any facility of the farm until the farm Member State competent authority is physically present; the position and activity of the relevant towing vessels shall be monitored at all times. / 2. Member States competent authorities shall not authorise the start of the caging operation without the presence of the farm Member State competent authority and the ICCAT regional observer and before the catch and live trade sections of the eBCD have been completed and validated by the catching flag or trap Member States or CPC competent authority(ies). / 3. The anchoring of transport cages as farm cages, without movement of fish to allow stereoscopic camera recording is prohibited. / 4. After transfer of the bluefin tuna from the towing cage to the farm cage, the farm Member State control authority shall ensure that farm cages containing bluefin tuna are sealed at all times. Unsealing will only be possible in the presence of the farm Member State competent authority and following its authorisation. The farm Member State control authority shall establish protocols for the sealing of farm cages, ensuring the use of official seals and that these seals are placed in such a way that they prevent the opening of…

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 b (new), Article 47: (2b) In Article 47, paragraphs 2 and 3 are deleted.

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 c (new), Article 48: (2c) Article 48 is deleted.

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 d (new), Article 49: (2d) Article 49 is replaced by the following: / “Article 49 / Recording of the caging operation by control cameras and caging declaration / 1. Member States responsible for farms shall ensure that caging operations shall be monitored by their control authorities using both conventional and stereoscopic camera’s. Video footages records shall be produced for each caging operation in accordance with the procedures set out in Annex X. / 2. If the quality of the control camera video footage used to determine the number and/or weight of the bluefin tuna caged does not comply with the minimum standards of Annex X, the farm Member State competent authority shall order a control caging until the determination of the number and/or weight is possible. The repetition of the caging operation shall not be subject to a new caging authorisation. / 3. In the case of control caging, the farm Member State competent authority shall ensure that the donor farm cage is sealed and that the cage cannot be manipulated prior to the new caging operation. The receiving farm cage(s) used in the control caging shall be empty. / 4. At the completion of the caging operation, the farm Member State competent authority shall ensure that the ICCAT regional observer has immediate access to all stereoscopic and conventional camera video footage(s), and is allowed to make a copy if it intends to complete its task of analysing the footage at another time or place. / 5. Member States responsible for farms shall ensur…

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 e (new), Article 50: (2e) Article 50 is replaced by the following: / “Article 50 / 1. When, for a single catching operation, the number of bluefin tuna being caged as communicated by the farm Member State competent authority in accordance with Article 50(2) , differs by more than 10 % from those reported in the ITD or eBCD as caught and/or transferred, the catching flag or trap Member State competent authority shall initiate an investigation to determine the accurate catch weight that shall be deducted from the national bluefin tuna quota. In support of this investigation, the catching flag or trap Member State competent authority shall request all the complementary information and the results of the relevant video footage analysis conducted by the flag and farm Member State competent authority that have been involved in the transport and the caging operation concerned. All competent authorities, including those whose vessels have been involved in the transport of the fish, shall cooperate actively, including through the exchange of all information and documentation at their disposal. The catching flag or trap Member State competent authority shall conclude the investigation within 1 month from the communication of the caging results by the competent authority of the farm Member State.[para 177] A difference greater than 10 % between the number of bluefin tuna reported caught by the vessel or trap concerned and the number determined by the catching flag or trap Member State competent authority as…

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 f (new), Article 51: (2f) Article 51 is amended as follows: / (a) paragraph 1 is replaced by the following: / “1. The farm Member State competent authority shall determine the number and weight of bluefin tuna being caged, by analysing the video footage of each caging operation provided by the farm operator. To carry out this analysis, the authorities shall follow the procedures set out in Annex XIV. When there is a difference of more than 10 % between the number and/or the weight determined by the farm CPC competent authority and the corresponding figures reported in the caging declaration, the farm Member State competent authority shall launch an investigation to identify the reasons for the discrepancy, and make the eventual adjustment to the number and/or weight of fish that has been caged. The margin of error of 10 % referred to above shall be expressed as a percentage of the farm operator’s figures. After the completion of a caging operation or, in the case of a JFO or traps of a same EU Member State, of the last caging operation associated to that JFO or those traps, Member States responsible for the farm shall communicate the results of this programme to the Member State or CPC responsible for the catching vessels or trap in accordance with point 2 a) and b) of Annex XI.”; / (b) the following paragraphs are inserted: / “3a. Each Member State responsible for farms shall submit the procedures and results related to the stereoscopic camera programme (or alternative methods) to the Commission…

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 g (new), Article 52: (2g) Article 52 is replaced by the following: / “Article 52 / Releases associated to caging operations / The determination of the fish to be released shall be done in accordance with the provisions of Annex XI, paragraph 4. If the weight of bluefin tuna being caged is in excess of what had been declared as caught and/or transferred, the catching flag or trap CPC competent authority shall issue a release order and communicate it without delay to the farm CPC competent authority concerned. The release order shall follow the provisions of Annex IX, paragraph 4, taking into account the possible compensation at the JFO or trap level, in accordance with Annex IX, paragraph 5. The release operation shall be conducted in accordance with the protocol set out in Annex XII.“ / (deleted) / (deleted)

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 h (new), Article 53: (2h) Article 53 is deleted.

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 i (new), Article 54: (2i) Article 54 is deleted.

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 j (new), Article 55: (2j) Article 55 is deleted.

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 k (new), Section 7 a (new): (2k) The following Section is inserted: / “SECTION 7a / HARVESTING / Article 56a / Harvesting operations / 1. Processing vessels intending to operate in farms or traps shall send a prior notification to the farm or trap Member State at least 48 hours before arrival of the vessel to the farm/trap area. The prior notification shall at least include the date and estimated time of arrival and information as to whether the processing vessel already has bluefin tuna on board, and, if so, provide details on the cargo, including quantities in processed weight and live weight and details of the origin of the bluefin tuna on board (farm/trap and CPC) / 2. Any harvesting operation in farms or traps shall be subject to an authorisation by the farm or trap Member State. To this end, the farm or trap operator intending to harvest bluefin tuna shall submit to its Member State a request, which shall include at least the following information: date or period of harvesting; estimated quantities to be harvested in number of individuals and kg; eBCD number associated with the bluefin tuna to be harvested; details of auxiliary vessels involved in the operation; destination of harvested tuna (processing vessel, export, local market, etc.). / 3. Except for individuals of bluefin tuna which are close to dying, no harvesting operation shall be authorised before the results of the quota uptake in accordance with Article 51 has been determined, and the associated releases have been conducted. / 4. Harv…

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 l (new), Section 7 b (new): (2l) The following Section is inserted: / “SECTION 7b / CONTROL ACTIVITIES IN THE FARMS AFTER CAGING / Article 56b / Intra-farms transfers / 1. Intra-farm transfer shall not take place without the authorisation and the presence of the farm CPC competent authority. Each transfer shall be recorded by control cameras to confirm the number of bluefin tuna individuals transferred. The video footage shall comply with the minimum standards as laid down in Annex X. The farm CPC competent authority shall monitor and control those transfers, including ensuring that each intra-farm transfer is recorded in the eBCD system. / 2. Notwithstanding the definition of caging in Article 5, point (31), the relocation of bluefin tuna between two different locations on the same farm (intra-farm transfer) using a transport cage, shall not be considered caging for the purposes of the requirements set out in Section 7. / 3. During intra-farm transfers, regrouping fish of the same flag origin and the same JFO, may be authorised by the farm Member State competent authority, providing that traceability and the applicability of SCRS’s growth rates, are maintained. / 4. The farm Member State competent authority and the farm operator shall retain the video footages from intrafarm transfers undertaken in farms under their jurisdiction for a minimum of three years and keep the information as long as necessary for enforcement purposes. / Article 56c / Carry-over / 1. Prior to the beginning of the next purse se…

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 m (new), Article 57: (2m) Article 57 is amended as follows: / (a) paragraph 1 is replaced by the following: / “1. By way of derogation from Article 9 of Regulation (EC) No 1224/2009, flag Member States shall implement vessel monitoring systems (VMS) for all fishing vessels flying their flag with a length of 12 metres overall or more and for all towing vessels, irrespective of their length. All vessels referred to in the first subparagraph shall transmit vessel position data at least once every two hours, except for towing vessels and purse seine vessels who shall transmit at least every hour.”; / (b) paragraph 2 is replaced by the following: / "2. Fishing vessels referred to in point (b) of Article 26(1) shall begin to transmit VMS data to ICCAT at least 5 days before their period of authorisation and shall continue at least 5 days after their period of authorisation, unless a request is sent in advance to the Commission for the vessel to be removed from the ICCAT record of vessels.”; / (c) in paragraph 5, point (a) is replaced by the following: / “(a) VMS data from the fishing vessels flying their flag shall be forwarded to the Commission as provided for in paragraph 1.”; / (d) In paragraph 5, the following point is added : / “(ba) in the event of technical malfunctioning of the VMS, the towing vessel concerned shall be replaced by another towing vessel with a fully functioning VMS. If no other towing vessel is available, a new operative VMS system shall be installed on board or used if already …

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 n (new), Article 59 – title: (2n) In Article 59, the title is is replaced by the following: / “Inspections in the event of suspected infringements”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 o (new), Article 61: (2o) Article 61 is replaced by the following: / “Article 61 / Without prejudice to Articles 89 to 91 of Regulation (EC) No 1224/2009, and in particular the duty of Member States to take appropriate enforcement measures with respect to a fishing vessel, the Member State responsible for the farm(s) for bluefin tuna shall take appropriate enforcement measure with respect to a farm, where it has been established, in accordance with its national law, that this farm does not comply with the provisions of Articles 45 to 55. The measures may include, depending on the gravity of the offense and in accordance with the pertinent provisions of national law, suspension the authorisation or withdrawal from the ICCAT Record of Bluefin Tuna Farming Facilities established in accordance with paragraph 61 of Recommendation 22-08 and/or fines.”

RemovedRegulation (EU) 2023/2053

RemovedArticle 2 – paragraph 1 – point 2 p (new), Article 66 – paragraph 1: (2p) In Article 66, paragraph 1 is amended as follows: / (a) points (a), (b) and (c) are replaced by the following: / “(a) annual carryover under Article 8 for bluefin tuna; / (b) deadlines for reporting information as laid down in Article 15(7), Article 16(1), Article 24(4), Article 26(1), Article 29(1), Article 32(2) and (3), Article 35(5) and (6), Article 36, Article 41(3), Article 44(2), Article 51(7), Article 52(12), Article 55, Article 57(5), point (b), and Article 58(6); / (c) time periods for fishing seasons as provided for in Article 17(1) to (4).”; / (b) The following points are added: / “(ka) content of carry-over declaration of Article 7(1), point (a), and provisions for caging of Article 7(2), point (b)”; / (kb) the derogations of Article 17(2) to designate fishing areas, fishing vessels and gear, and of Article 17(3) for fishing bluefin tuna for farming purposes; / (kc) conditions for assigning Regional Observer to farms of Article 39(4); / (kd) the Member States’ duties and the content of the annual caging report referred to in Article 55.”

RemovedArticle 2 – paragraph 1 – point 2 q (new): (2q) The text set out in the Annex to this Regulation is inserted as Annexes XVa, XVb and XVc to Regulation (EU) 2023/2053.

RemovedRegulation (EU) 2017/2107

RemovedAnnex, Annex VIII a (new): Annex VIIIa / Minimum standards for safe handling and live release procedures / The following provides minimum standards for safe handling practices of North and South Atlantic shortfin mako sharks and includes specific recommendations for both longline and purse seine fisheries. These minimum standards are appropriate for live shortfin mako sharks when released whether under no-retention policies, or when released voluntarily. These basic guidelines do not replace any stricter safety rules that may have been established by the national authorities of individual Member States. / Safety first: These minimum standards shall be considered in light of safety and practicability for crew. Crew safety shall always come first. At a minimum, crew shall wear suitable gloves and avoid working around the mouths of sharks. Training: / Training materials are available to Member States in the three ICCAT official languages. Method of release: To the greatest extent practicable, all sharks being released shall remain in the water at all times unless it is necessary to lift sharks for species identification. This includes cutting the line to free the shark while it is still in the water, using bolt cutters or dehooking devices to remove the hook if possible, or cutting the line as close to the hook as possible (and so leaving as little trailing line as possible). / Be prepared: Tools shall be prepared in advance (e.g., canvas or net slings, stretchers for carrying or lifting, large mesh net o…

RemovedRegulation (EU) 2017/2107

RemovedAnnex, Annex VIII b (new): Annex VIIIb / Guidelines for reducing the ecological impact of FADs in ICCAT fisheries / 1. The surface structure of the FAD shall not be covered or only covered with material implying minimum risk of entangling by-catch species. / 2. The sub-surface components shall be exclusively composed of non-entangling material (e.g. ropes or canvas). / 3. When designing FADs the use of biodegradable materials shall be prioritised.

RemovedRegulation (EU) 2017/2107

RemovedAnnex, Annex VIII c (new): Annex VIIIc / Safe Handling and Release Practices for Sea Turtles / Purse seine safe handling and release / (1) Whenever a sea turtle is sighted in the net, all reasonable efforts shall be made to rescue the sea turtle before it becomes entangled in the net. / (2) No sea turtle shall be hauled from the water by a fishing line attached to, or entangled upon, the body of a sea turtle. / (3) If a sea turtle is entangled during net roll, the net roll shall be stopped as soon as the turtle comes out of the water; the turtle shall be disentangled without injuring it before resuming the net roll. / (4) If, in spite of the measures taken a sea turtle is accidentally brought on board the vessel and is alive and active, or dead, the sea turtle shall be released as quickly as practicable. / (5) If a sea turtle is brought aboard the vessel and is comatose or inactive, resuscitation shall be attempted / Longline safe handling and release / (1) When practicable, and when the operator or crew on board are trained, comatose sea turtles shall be brought on board immediately. / (2) Upon sighting a sea turtle, the vessel and line reel speed shall be slowed and the vessel direction adjusted to move toward the sea turtle, minimizing tension on the line. / (3) No sea turtle shall be hauled from the water by a fishing line attached to or entangled upon the body of a sea turtle. / (4) If a sea turtle is too large or hooked in such a manner as to preclude safe boarding without causing further damage/…

RemovedRegulation (EU) 2023/2053

RemovedAnnex, Annex XV a (new): Annex XVa / Procedure for sealing operations of transport cages / Prior to their deployment on a purse seine vessel, a trap, or a towing vessel, the provider responsible for the ROP shall provide a minimum of 25 ICCAT seals to each ICCAT regional observers under their responsibility and maintain a record of the seals provided and used. / The master of the catching or the towing vessel or its representative, or the representative of a farm or a trap, from which a transfer operation originates shall be responsible for sealing the cages. For this purpose, a minimum of three seals, placed in such a way that they prevent the opening of doors without breaking the seals, shall be put on each cage door. / The sealing operation shall be video recorded by the master of the catching or the towing vessel or its representative, or the representative of a farm or a trap, from which a transfer operation originates and shall allow the identification of the seals and verification that the seals have been properly placed. The video shall comply with paragraph (1) (a), (b) and (c) of Annex X. The video footage concerned shall accompany the fish up to the destination farm. A copy shall be kept onboard the donor vessel(s) or the trap(s) and remain accessible for control purposes at any time during the fishing campaign. A copy of the video footage shall be made available to the ICCAT regional observer on board the purse seine or on the trap, or to the national observer on the receiving towing vess…

RemovedRegulation (EU) 2023/2053

RemovedAnnex, Annex XV b (new): Annex XVb / Template for a processing declaration and harvesting declaration / Processing / Harvesting (please circle either) / Date of harvesting(d/m/y): / / / Farm / Trap (please circle either) / Cage(s) number(s): / Number of individuals harvested: / Live weight in kg of the harvested bluefin tuna: / Processed weight in kg of the harvested bluefin tuna: / eBCD number(s) associated with the bluefin tuna harvested: / Details of auxiliary vessels involved in the operation: Name: Flag: ICCAT Registration No.: / Destination of the harvested tuna (export, local market, or other) (please circle) In case of other, please specify: / Validation by the ICCAT regional observer or CPC observer, as appropriate: Observer / Name: / ICCAT No.: / Signature:

RemovedRegulation (EU) 2023/2053

RemovedAnnex, Annex XV c (new): Annex XVc / Information to be provided for the annual carry-over declaration / (a) Flag Member State; / (b) Name and ICCAT number of the farm; / (c) Year of catch; / (d) References of the eBCD corresponding to the catches carried over; / (e) Cage numbers; / (f) Quantities (expressed in kg) and number of fish carried over; / (g) Average weight; / (h) Information of each of the carry-over assessment operations: date and cage numbers; / (i) Information on previous intra-farm transfers, when applicable.

RemovedBACKGROUND

RemovedThe ICCAT Convention provides a framework for regional cooperation on the conservation and management of tunas and tuna-like species in the Atlantic Ocean and the adjoining seas through the setting up of an International Commission for the Conservation of Atlantic Tunas (the "ICCAT").

RemovedThe objective of the Common Fisheries Policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council is to ensure exploitation of marine biological resources that provides long-term environmental, economic and social sustainability. The European Union has been a Contracting Party to the International Convention for the Conservation of Atlantic Tunas ("the ICCAT Convention") since 14 November 1997.

RemovedThe ICCAT has the authority to adopt binding recommendations for the conservation and management of the fisheries under its purview. These acts are essentially addressed to the ICCAT Contracting Parties, but also contain obligations for private operators (e.g. vessel masters). The ICCAT Recommendations enter into force six months following their adoption and in respect of the EU, they must be enacted into European Union law.

RemovedCONTENT OF THE PROPOSAL

RemovedThe proposal contains a number of provisions covering ICCAT Recommendations that modify Regulation (EU) 2017/2107 including the following:

Removed definitions of support vessels and fish-aggregating devices, fish-aggregating device (‘FAD’)-set, floating object, and operational buoy following ICCAT Recommendation 19-02;

Removed for tropical tuna capacity limitations, and prohibition of discards by purse seiners that need to be implemented into Union law following ICCAT Recommendation 17-01;

Removed new provisions for FAD deployment and observer coverage following ICCAT Recommendation 19-02;

Removed Northern and Southern Atlantic Albacore provisions following ICCAT Recommendations 16-06 and 16-07, including carryover provisions, as well as carry-over for North and South Atlantic swordfish following ICCAT Recommendations 17-02 and 17-03;

Removed data collection provisions for the sailfish, billfish and marlins following ICCAT Recommendations 16-11, 18-05, 19-05;

Removed bigeye tuna carryover provisions following ICCAT Recommendation 21-01;

Removed for sharks, the proposal contains updated provisions concerning shortfin mako shark and shark data collection following ICCAT Recommendations 19-06, 19-07 and 19-08. In addition, following ICCAT Recommendations (16-14, 16-15, 18-10, 19-10) the proposal contains provisions concerning data transmission frequency for purse seine vessels, new provisions concerning ICCAT Record of carrier vessels as well as Member States duties concerning carrying under ICCAT regional observer programme, including minimum observer coverage;

Removed ICCAT Recommendation 19-02 concerning responsibilities for scientific observers requires an update to Regulation 2017/2107, including observer coverage;

Removed duties concerning sighting of vessels following ICCAT Recommendation 19-09, and names of new species covered by ICCAT to amend Annex I to the Regulation (EU) 2017/2107 following ICCAT Recommendation 19-01;

RemovedIn addition, the proposal proposes to amend the Regulation (EU) XX/2022 on the Multi-annual plan for the Bluefin Tuna with the Member States declaration on annual carry-over and certain caging provisions, following ICCAT Recommendation 06-07, as well as annual carry-over of bigeye tuna following ICCAT Recommendation 21-01.

RemovedThe proposal also proposes to amend the Commission’s empowerment to amend the Regulation (EU) 2017/2107 following subsequent changes adopted by ICCAT regarding: (i) tropical tuna capacity limitations and its annual capacity fishing plan reporting; (ii) annual quota carryover for bigeye tuna, North and Southern Atlantic Albacore tuna and North and South Atlantic swordfish; (iii) management plans in respect of fish-aggregating devices; (iv) number of instrumental buoys; (v) FAD requirements; (vi) information to be submitted on FADs by vessels; (vii) prohibition of FAD periods; (viii) restrictions on the number of vessels fishing North Atlantic Albacore; (ix) the North Atlantic swordfish management plan; (x) conditions to authorise catch and retain shortfin mako sharks; (xi) requirements to maximise the sea turtle survival; (xii) minimum percent of observer coverage and percentage coverage measurement; and (xiii) the list of ICCAT species.

RemovedOPINION OF THE RAPPORTEUR

RemovedIn order to have a balanced approach that ensures a sustainable exploitation of marine biological resources together with a level playing field in the ICCAT convention area, the transposition of the recommendations into EU law should be done in the most accurate possible manner. The EU fishing fleet should have the same conditions and measures as those applied by the fishing fleets of third countries operating in the area.

RemovedIn addition to provisions included in proposal COM (2022) 171 final - 2022/0111 (COD), the rapporteur has included the most updated ICCAT recommendations and therefore, many other amendments were included in order to transpose recommendations adopted during 2019, 2020, 2021, and 2022 annual meetings that were not transposed yet.

RemovedTherefore, this draft report includes amendments to Regulation (EU) 2017/2107 in order to implement into Union law ICCAT measures for tropical tunas, Mediterranean albacore, North and Southern Atlantic albacore, sailfish, blue and white marlin, billfish data reporting, North and South Atlantic shortfin mako shark, by-catch of turtles, and provisions related to Illegal, Unreported and Unregulated (IUU) fishing, as well as an observer programme which includes responsibilities for scientific observers, and an updated list of ICCAT species.

RemovedIn addition, the draft report amends Regulation (EU) XX/2022 establishing a multiannual management plan for the bluefin tuna in the eastern Atlantic and the Mediterranean (COM (2019) 619 final - 2019/0272 (COD) in order to implement into Union law bluefin tuna management provisions related to definitions, quota transfers, retention prohibition, sport and recreational fisheries, farms record, reporting, transfer authorisations, caging identifiers, caging authorisations, caging operations and their video monitoring, control of caging, harvesting control activities in the farms after caging. The draft report deletes the initial proposals of articles 7 and 46 given that those provisions were included in the agreement reached by colegislators in April 2023 on Regulation (EU) XX/2022 of the European Parliament and of the Council establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, that will be officially adopted possibly in September 2023 and published in the Official Journal of the EU afterwards.