Changes from report parliamentary committee draft to plenary report

RemovedRecommendation GFCM/46/2023/21 amended GFCM/44/2021/21

RemovedRecital 23 r (new): (23r) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/22 on a GFCM schedule addressing compliance issues and corresponding actions, repealing Resolutions GFCM/44/2021/13 and GFCM/43/2019/5.

RemovedRecommendation GFCM/46/2023/22

RemovedRecital 23 s (new): (23s) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/23 clarifying the application of compliance recommendations and establishing a compliance and capacity inventory to support the work of the Compliance Committee.

RemovedRecommendation GFCM/46/2023/23

RemovedRecital 23 t (new): (23t) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/24 on the establishment of a list of vessels presumed to have carried out illegal, unreported and unregulated fishing, amending Recommendation GFCM/44/2021/19.

RemovedRecommendation GFCM/46/2023/24 amended Recommendation GFCM/44/2021/19

Regulation (EU) No 2023/2124

Change 6

RemovedArticle 1 – paragraph 1 – point 1 – point b, Article 3 – point 11: (11) “Catch certificate” means an official document accompanying a consignment and validated by the competent authority, allowing to pass accurate and verifiable information concerning fishery products throughout the supply chain;

AddedArticle 1 – paragraph 1 – point 1 – point b, Article 3 – paragraph 1 – point 10: (10) “Designated landing point” means ports, or places close to the shore, offshore terminals and other installations for landing, transhipping, packaging, processing, refuelling or resupplying of fishing vessels, where landings, transhipments, packaging and/or processing operations of fishery products are permitted, designated by the contracting parties and cooperating non-contracting parties under the regional scheme on port state measures to combat illegal, unreported and unregulated fishing activities in the GFCM area of application;

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Change 7

ChangedArticle 1 – paragraph 1 – point 1 – point b, Article 3 – pointparagraph 12:1 (12)– “Catchpoint documentation11: scheme”(11) or“Catch “CDS”certificate” means a systeman establishedofficial indocument accordanceaccompanying witha relevantconsignment internationaland obligations,validated withby the primary purposecompetent ofauthority, helpingallowing to determine, throughoutpass theaccurate supplyand chainverifiable whetherinformation theconcerning fishery product originates from catches that are consistent with applicable national, regional and internationalproducts conservationthroughout andthe managementsupply measures.chain;

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Change 8

AddedArticle 1 – paragraph 1 – point 1 – point b, Article 3 – paragraph 1 – point 12: (12) “Catch documentation scheme” or “CDS” means a system established in accordance with relevant international obligations, with the primary purpose of helping to determine, throughout the supply chain whether the fishery product originates from catches that are consistent with applicable national, regional and international conservation and management measures.

AddedRegulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 2, Article 4 – paragraph 1: This Chapter applies to all fishing activities catching European eel (Anguilla anguilla), namely targeted, incidental and recreational fisheries, in all the waters of the Mediterranean Sea as provided for in Annex I, including transitional and brackish waters, such as lagoons and estuaries.

Change 9

RemovedFreshwaters are not considered part of any marine area, as they are not sea waters. Consequently, the stock living in fresh waters is not considered a "marine biological resource." The GFCM has exceeded its regulatory authority by adopting a recommendation that extends beyond the GFCM's geographical scope. In accordance with international law, the Union is not compelled to transpose a GFCM recommendation that pertains to freshwater fisheries.

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Change 10

ChangedArticle 1 – paragraph 1 – point 2 a (new), Article 12:12 – paragraphs 3 a (new) and 4 a (new): (2a) in Article 1212, the following paragraphs are added: / “4.“3a. Member States shall set up a traceability system for landings, sales and exports allowing the catches to be traced from the authorised landing point to the final destination, whether the specimens are sold alive, dead or transformed. / 5.3b. Member States shall maintain and keep an up-to-date a list of auction halls, bodies or persons authorised by that Member State to undertake the first marketing of European eel.”

Change 11

RemovedAccording to GFCM/46/2023/16

Regulation (EU) No 2023/2124

Change 12

RemovedArticle 1 – paragraph 1 – point 3, Article 12a: Data collection / 1. Where IUU fishing is known to occur, data available, including estimates, shall also be transmitted to the GFCM Secretariat. / 2. Member States shall communicate data pertaining to fattening activities to the GFCM Secretariat, in accordance with the deadlines set in Recommendation GFCM/41/2017/1 on the reporting of aquaculture data and information repealing Recommendation GFCM/35/2011/6. / 3. Member States may also transmit to the GFCM Secretariat any additional information on a voluntary basis, if possible, no later than the forty-seventh session of the GFCM.

AddedArticle 1 – paragraph 1 – point 3, Article 12a – paragraph 1: Member States shall ensure that recreational fishing of all stages of European eel (glass, yellow, silver) is prohibited in all habitats covered by the scope of this Regulation.”

RemovedGFCM/45/2022/1 was repealed by GFCM/46/2023/16

RemovedRegulation (EU) 2023/2124

RemovedArticle 1 – paragraph 1 – point 4, Article 14a: Member States shall ensure that the overall fleet capacity or fishing effort of the fleets, operating with demersal trawls actively fishing for key stocks in terms of gross tonnage (GT), engine power (kW) and number of vessels, as recorded both in national and GFCM registers, does not exceed the number of vessels or fishing effort for otter trawlers fishing deep water shrimps during the years 2014–2017 or over another period of three consecutive years such as 2015-2018 provided that for such period the levels exerted do not go beyond 50% with respect to the 2014-2017 reference period.”;

RemovedGFCM/46/2023/12

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Change 13

AddedArticle 1 – paragraph 1 – point 3 a (new), Article 12a a (new): (3a) The following Article is inserted between Article 12 and Article 13: / ‘Article 12aa / Data collection / 1. Member States shall transmit to the Commission, or a body designated by it, the data available, including estimates where IUU fishing is known to occur. The Commission, or a body designated by it, shall transmit the IUU fishing information to the GFCM Secretariat as soon as possible. / 2. Member States shall communicate data pertaining to fattening activities to the Commission by 15 December each year. The Commission shall transmit that data to GFCM Secretariat by 31 December of each year. / 3. On a voluntary basis, Member States may also transmit additional information to the Commission, who shall transmit it to the GFCM Secretariat.’

AddedRegulation (EU) No 2023/2124

AddedArticle 1 – paragraph 1 – point 4, Article 14a – paragraph 1: Member States shall ensure that the overall fleet capacity or fishing effort of the fleets, operating with demersal trawls actively fishing for key stocks in terms of gross tonnage (GT), engine power (kW) and number of vessels, as recorded both in national and GFCM registers, does not exceed the number of vessels or fishing effort for otter trawlers fishing deep water shrimps during the years 2014–2017 or over another period of three consecutive years such as 2015-2018 provided that the increase cannot be more than 50% in respect of the 2014-2017 reference period”;

AddedRegulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 7, Article 17 – paragraph 1: 1. Bottom trawlers targeting deep-water giant red shrimp and blue and red shrimp (“deep-water red shrimp”) spawning aggregations shall stop fishing for 30 consecutive days between the months of March and December.

Change 14

RemovedGFCM/45/2022/7

Regulation (EU) No 2023/2124

Change 15

ChangedArticle 1 – paragraph 1 – point 9, Article 20 – paragraph 2: 2. Until 8 January 2026, Member States may allow vessels of less than 15 metres to derogate from the first paragraph if they operate exclusively within the waters on the landward side of the outer limit of the territorial seas of the Member State or/and never spend more than 24 hours at sea from the time of departure to the return to port.

Change 16

RemovedThis provision allows states to exempt vessels that fish exclusively within the territorial sea from VMS control requirements. The rationale behind this is that vessels operating close to the shore on short trips can be exempted from certain control requirements. In some Member States fishing activities also take place in internal waters closer to the shore, depending on where the baselines of the territorial sea are drawn. In such situations it should be avoided that only vessels operating within the territorial sea are exempt from VMS requirements, while vessels closes to the shoreline are not. The newly proposed wording encompasses both internal waters and the territorial sea.

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Change 17

ChangedArticle 1 – paragraph 1 – point 9, Article 20 – paragraph 3: Member States shall report immediately to the Commission thesuch derogations as well as the other control means deployed to monitor those vessels. The Commission shall transmit that information to the GFCM Secretariat without delay.”;

Change 18

RemovedRegulation (EU) 2023/2124

RemovedArticle 1 – paragraph 1 – point 11, Article 23a: Member States shall ensure that the overall fleet capacity of the fleets operating with demersal trawls actively fishing for key stocks does not exceed, in terms of gross tonnage (GT) engine power (kW) and number of vessels, as recorded both in national and GFCM registers, does not exceed the fleet capacity for otter trawlers fishing deep water shrimps in year 2019.

RemovedGFCM/45/2022/7

RemovedRegulation (EU) 2023/2124

RemovedArticle 1 – paragraph 1 – point 16, Article 29 – paragraph 2: Until 8 January 2026, Member States may grant a derogation for vessels of less than 15m from the rule in the first paragraph if they operate exclusively within the waters on the landward side of the outer limit of the territorial seas of that Member State or never spend more than 24 hours at sea from the time of departure to the return to port. Member States shall report immediately to the Commission the derogations granted as well as the other control means deployed to monitor those vessels. The Commission shall transmit that information to the GFCM Secretariat without delay.”;

RemovedThis provision allows states to exempt vessels that fish exclusively within the territorial sea from VMS (Vessel Monitoring System) control requirements. The rationale behind this is that vessels operating close to the shore on short trips can be exempted from certain control requirements. In some Member States fishing activities also take place in internal waters closer to the shore, depending on where the baselines of the territorial sea are drawn. In such situations it should be avoided that only vessels operating within the territorial sea are exempt from VMS requirements, while vessels closes to the shoreline are not. The newly proposed wording encompasses both internal waters and the territorial sea.

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Change 19

RemovedArticle 1 – paragraph 1 – point 17, Article 30a – paragraph 1: 1. Member States shall adopt fisheries management measures or national management plans under the scope of this section to ensure that the exploitation levels of giant red shrimp and blue and red shrimp stocks, reach and maintain the maximum sustainable yield.

AddedArticle 1 – paragraph 1 – point 11, Article 23a – paragraph 1: Member States shall ensure that the overall fleet capacity of the fleets operating with demersal trawls actively fishing for key stocks does not exceed, in terms of gross tonnage (GT) engine power (kW) and number of vessels, as recorded both in national and GFCM registers, does not exceed the fleet capacity for otter trawlers fishing deep water red shrimps in year 2019.

RemovedGFCM/45/2022/6 and GFCM/46/2023/3

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Change 20

AddedArticle 1 – paragraph 1 – point 16, Article 29 – paragraph 2: Until 8 January 2026, Member States may grant a derogation for vessels of less than 15m from the rule in the first paragraph if they operate exclusively within the waters on the landward side of the outer limit of the territorial seas of that Member State or never spend more than 24 hours at sea from the time of departure to the return to port. Member States shall report immediately to the Commission the derogations granted as well as the other control means deployed to monitor those vessels. The Commission shall transmit that information to the GFCM Secretariat without delay.

AddedRegulation (EU) No 2023/2124

AddedArticle 1 – paragraph 1 – point 17 – introductory part, Article 30a – paragraph 1: 1. Member States shall adopt fisheries management measures or national management plans under the scope of this section to ensure that the exploitation levels of giant red shrimp and blue and red shrimp stocks, reach and maintain the maximum sustainable yield.

AddedRegulation (EU) No 2023/2124

AddedArticle 1 – paragraph 1 – point 17, Article 30b: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedRegulation (EU) No 2023/2124

AddedArticle 1 – paragraph 1 – point 17, Article 30c: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedRegulation (EU) No 2023/2124

AddedArticle 1 – paragraph 1 – point 17, Article 30d: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 1 – paragraph 1 – point 22 – introductory part: (22) the following Article is inserted between Article 37 and Article 38: