Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸9 unchanged paragraphs

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/2107 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT) and Regulation (EU) .../2022 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean

(COM(2022)0171 – C90151/2022 – 2022/0111(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0171),

– having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90151/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee,

– having regard to Rule 59 of its Rules of Procedure,

Changed– having regard to the report of the Committee on Fisheries (A90000/2023),(A9-0301/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

ChangedRecital 1: (1) Since the adoption of Regulation (EU) 2017/2107 of the European Parliament and of the Council2 ,Council2, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted at its 2017, 2018, 2019, 2021 and 2022 annual meetings a number of legally binding measures for the conservation of fishery resources under its purview.

Change 2

RemovedThis draft report includes also a proposal for transposition of ICCAT recommendations from the annual meetings of 2021 and 2022

Recital 2: (2) Regulation (EU) 2017/2107 should therefore be amended 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 relating 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.

Change 3

RemovedNew provisions on the ICCAT regulation have been included in this draft report in order to update the transposition with the most recent recommendations agreed in ICCAT

AddedRecital 3: (3) Regulation (EU) 2023/20533 should be amended to implement into Union law bluefin tuna management provisions relating 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, and harvesting control activities in the farms after caging. / 3 Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627 (OJ L 238, 27.09.2023, p.1).

RemovedRecital 3: (3) Regulation (EU) XX/20223 should be amended to implement into Union law bluefin tuna management provisions relating 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, and harvesting control activities in the farms after caging. / 3 OJ C […], […], p. […]..

AddedRecital 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.

RemovedNew provisions on the multiannual management plan of bluefin tuna have been included in this draft report in order to update the regulation with the most recent recommendations agreed in ICCAT

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 .

RemovedUpdate with new provisions

Regulation (EU) 2017/2107

Article 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);

Change 4

RemovedLinguistic change

AddedRegulation (EU) 2017/2107

RemovedRegulation (EU)2017/2107

Article 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;

Change 5

RemovedICCAT recommendation 21-01 includes the above text added in the definition of FOB

RemovedRegulation (EU)2017/2107

RemovedArticle 1 – paragraph 1 – point 1 – point f a (new), Article 4 – paragraph 1 – point 34 (new): (fa) the following point is added: / “(34) ‘Shallow-set longlines’ means longlines in which, when deployed, the majority of hooks are at a depth of less than 100 metres.”

RemovedRecommendation 22-12

RemovedRegulation (EU)2017/2107

RemovedArticle 1 – paragraph 1 – point 1 – point f b (new), Article 4 – paragraph 1 – point 35 (new): (fb) the following point is added: / “(35) ‘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.”

RemovedRecommendation 22-12

Regulation (EU) 2017/2107

Change 6

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

AddedArticle 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.”

RemovedLinguistic clarification.

Regulation (EU) 2017/2107

Change 7

RemovedArticle 1 – paragraph 1 – point 2, Article 5 a – 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.

AddedArticle 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.”

RemovedICCAT recommendation nº 22-01

Regulation (EU) 2017/2107

Change 8

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 or sale 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.”

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

RemovedICCAT recommendation 22-05 in accordance with Article 55(3) of Regulation (EU)1224/2009

Regulation (EU) 2017/2107

Change 9

AddedArticle 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.

AddedRegulation (EU) 2017/2107

AddedArticle 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.”

AddedRegulation (EU) 2017/2107

Article 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.

Change 10

RemovedLinguistic changes proposed to clarify this provision In addition, the crew cannot be responsible for complying with this provision, it should be the Master.

Regulation (EU) 2017/2107

Change 11

ChangedArticle 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 .time.

Change 12

RemovedLinguistic clarification

Regulation (EU) 2017/2107