Changes from plenary report to adopted text

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…

Removed(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

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)

Removed(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

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 …

Removed(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

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”

Removed( https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

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.”

Removed(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

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.”

Removed(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

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.