Changes from report parliamentary committee draft to plenary report

AddedRegulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 22, Article 37a – 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.

Change 21

RemovedGFCM/45/2022/5

Regulation (EU) No 2023/2124

Change 22

RemovedArticle 1 – paragraph 1 – point 23, Article 44 – paragraph 3: 3. When a trigger catch level of red coral as referred to in paragraph 4 has been reached, Member States shall close the area concerned to any red coral fishery on precautionary grounds. The Member State shall immediately inform the Commission. The Commission shall inform as soon as possible the GFCM Secretariat.”;

AddedArticle 1 – paragraph 1 – point 22, Article 37b: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 1, paragraph 23 of the Proposal, which amends Article 44, paragraph 3 of Regulation (EU) 2023/2124, needs to be aligned with paragraph 22 of GFCM Recommendation GFCM/43/2019/4 for consistent transposition of the provision by adding the currently missing wording: "on precautionary grounds"

Regulation (EU) No 2023/2124

Change 23

RemovedArticle 1 – paragraph 1 – point 24 a (new), Article 55: (24a) Article 55 is replaced by the following: / “1. Member States shall fully implement the red coral Catch Documentation Scheme (CDS) by [the date of entry into force] along the entire supply chain in order to ensure the traceability of red coral (Corallium rubrum) harvested in the Mediterranean Sea and contribute to the fight against illegal, unregulated and unreported (IUU) fishing activities. / (deleted) / (deleted) / (deleted) / 2. The paper-based red coral Catch Documentation Scheme established in paragraph 1 shall be without prejudice to other national traceability systems in force ensuring the same level of control over the traceability of red coral products by Member States. / 3. The paper-based red coral Catch Documentation Scheme applies to first landings, exports and re-exports. Domestic trade is not included in the validation chain. / 4. By way of derogation from paragraph 1, a transitional period of one year is established, during which time red coral stored prior to [the date of entery into force] may be exported or re-exported without a validated catch section in the harvest certificate. / 5. In order to ensure a link between validated Catch Documentation Scheme documents and red coral consignments to which they relate, a labelling system could be established by Member States. / 6. Each consignment of red coral, imported, exported or re-exported from its origin, shall be accompanied by a validated certificate as referred to in the Annex XX or an equivalent do…

AddedArticle 1 – paragraph 1 – point 22, Article 37c: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023R2124)

RemovedAccording to GFCM/46/2023/19

Regulation (EU) No 2023/2124

Change 24

RemovedArticle 1 – paragraph 1 – point 29, Article 60a: Member States shall ensure that the overall fleet capacity of the fleets operating with bottom trawls and actively fishing for the 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, over the duration of the multiannual management plan the fleet capacity for demersal fisheries in year 2021”;

AddedArticle 1 – paragraph 1 – point 22, Article 37d: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedGFCM/45/2022/4

Regulation (EU) No 2023/2124

Change 25

RemovedArticle 1 – paragraph 1 – point 33 – point -a (new), Article 70 – paragraph 1: (-a) paragraph 1 is replaced by the following: / “1. Member States shall establish a list of vessels flying their flag and authorised to fish for the species listed in Article 66 using means of otter-trawling, beam-trawling, bottom pair trawling and otter twin trawls”;

AddedArticle 1 – paragraph 1 – point 23, Article 44 – paragraph 3: 3. When a trigger catch level of red coral as referred to in paragraph 4 has been reached, Member States shall close the area concerned to any red coral fishery on precautionary grounds. The Member State shall immediately inform the Commission. The Commission shall inform as soon as possible the GFCM Secretariat.”;

Removed(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023R2124)

RemovedArticle 70, paragraph 1 of Regulation 2023/2124 needs to be aligned with paragraph 30 of GFCM Recommendation GFCM/43/2019/5 for clarification on which fleet the obligation to compile a list of vessels applies, as the current wording is imprecise and allows for interpretation that the obligation applies to the entire fleet. Therefore, the wording "otter-trawling, beam-trawling, bottom pair trawling, and otter twin trawls" needs to be added to the end of the sentence to the provision of Article 70, paragraph 1.

Regulation (EU) No 2023/2124

Change 26

RemovedArticle 1 – paragraph 1 – point 35, Article 73: This section applies to all fishing activities targeting key small pelagic stocks (anchovy and sardine) in GSAs 17 and 18 as provided for in Annex I by means of purse seiners and pelagic trawlers".

AddedArticle 1 – paragraph 1 – point 23 a (new), Article 46 – paragraph 2: (23a) In Article 46, paragraph 2 is replaced by the following: / ‘2. By way of derogation from paragraph 1, the use of ROVs is permitted exclusively for scientific purposes within the GFCM research programme until the end of that programme and within Member States authorised research programmes led by scientific institutions. Such authorisations shall be without prejudice to stricter measures adopted by Member States.’

RemovedArticle 1, paragraph 35 of the Proposal, which replaces Article 73 of Regulation (EU) 2023/2124, needs to be aligned with paragraph 1 of GFCM Recommendation GFCM/44/2021/20 for consistent transposition by adding the currently missing wording at the end of the sentence, clarifying the specific fleet to which the provision applies and preventing it from being applied to other forms of fishing: "by means of purse seiners and pelagic trawlers."

Regulation (EU) No 2023/2124

Change 27

RemovedArticle 1 – paragraph 1 – point 35 a (new), Article 74 – paragraph 5: (35a) In article 74, paragraph 5 is deleted.

AddedArticle 1 – paragraph 1 – point 24 a (new), Article 55: (24a) Article 55 is replaced by the following: / ‘Article 55 / 1. Member States shall fully implement the red coral Catch Documentation Scheme (CDS) along the entire supply chain in order to ensure the traceability of red coral (Corallium rubrum) harvested in the Mediterranean Sea and contribute to the fight against IUU fishing activities. / (deleted) / (deleted) / (deleted) / 2. The paper-based red coral Catch Documentation Scheme established in accordance with paragraph 1 shall be without prejudice to other national traceability systems in force ensuring the same level of control over the traceability of red coral products by Member States. / 3. The paper-based red coral Catch Documentation Scheme shall apply to first landings, exports and re-exports. Domestic trade shall not be included in the validation chain / 4. By way of derogation from paragraph 1, a transitional period of one year shall be established, during which time red coral stored prior to ... [the date of entry into force of this amending Regulation] may be exported or re-exported without a validated catch section in the harvest certificate. / 5. In order to ensure a link between validated Catch Documentation Scheme documents and red coral consignments to which they relate, a labelling system may be established by Member States. / 6. Each consignment of red coral, imported, exported or re-exported from its origin, shall be accompanied by a validated certificate as referred to in Annex XX or an equivalent docum…

RemovedIn the case of managing small pelagic fish in the Adriatic Sea, a new GFCM Recommendation GFCM/44/2021/20 on a multi-annual management plan for the sustainable exploitation of small pelagic fish stocks in the Adriatic Sea (GSA areas 17 and 18) was adopted at the GFCM annual assembly in November 2021. With the adoption of the new multi-annual management plan, the multi-annual management plan adopted in 2013 by GFCM Recommendation GFCM/37/2013/1 becomes obsolete. Article 74, paragraph 5 of the current Regulation (EU) 2023/2124 includes a measure for managing fishing effort by limiting the number of fishing days (20 days per month and 180 days per year), which was derived from the 2013 multi-annual management plan (GFCM/37/2013/1). Retaining the provision of Article 74, paragraph 5 of Regulation (EU) 2023/2124 would exceed the scope of GFCM Recommendation GFCM/44/2021/20 and impose additional restrictions on Member States, which will not apply to other GFCM contracting parties (e.g. Albania and Montenegro). Therefore, Article 74, paragraph 5 of Regulation 2023/2124 must be deleted.

Regulation (EU) No 2023/2124

Change 28

ChangedArticle 1 – paragraph 1 – point 36,29, Article 74a60a – paragraph 1: 1. Member States shall ensure yearly that allthe scientificoverall datafleet capacity of the fleets operating with bottom trawls and commercialactively datafishing collectedfor the key stocks does not exceed in aterms specificof yeargross istonnage provided(GT), byengine 1power April(kW) and number of thevessels, followingas yearrecorded toboth thein GFCMnational Secretariat.and TheGFCM Memberregisters, Statesdoes shallnot notifyexceed, the Commissionfleet thereof.capacity for demersal fisheries in year 2021”;

Change 29

RemovedGFCM/44/2021/20

Regulation (EU) No 2023/2124

Change 30

ChangedArticle 1 – paragraph 1 – point 36,31 a (new), Article 74a63: –(31a) paragraphArticle 2:63 deletedis deleted.

Change 31

RemovedGFCM/44/2021/20

Regulation (EU) No 2023/2124

Change 32

RemovedArticle 1 – paragraph 1 – point 36, Article 74c – paragraph 1: 1. Member States shall designate landing points where landings by vessels actively fishing for key small pelagic stocks in the Adriatic Sea shall take place. For each designated point, Member States shall specify permitted landing and transhipping times and places.

AddedArticle 1 – paragraph 1 – point 31 b (new), Article 64: (31b) Article 64 is deleted.

Regulation (EU) No 2023/2124

Change 33

RemovedArticle 1 – paragraph 1 – point 36, Article 74c – paragraph 2: 2. It shall be prohibited to land or tranship from fishing vessels any quantity of catches of key small pelagic species fished by purse-seines or pelagic-trawls in the Adriatic Sea at any place other than the landing points designated by Member States.

AddedArticle 1 – paragraph 1 – point 32, Article 65 – paragraph 5: (32) Article 65 is deleted. / (deleted)

Regulation (EU) No 2023/2124

Change 34

ChangedArticle 1 – paragraph 1 – point 36,33 – point -a (new), Article 74c70 – paragraph 3:1: 3.(-a) Memberparagraph States1 shallis transmitreplaced toby the Commission by 15following: November/ each‘1. yearMember anyStates changeshall toestablish thea list of designatedvessels landingflying pointstheir inflag whichand landingsauthorised ofto keyfish smallfor pelagicthe species in the Adriaticlisted Seain mayArticle take66 place.using Themeans Commissionof shallotter-trawling, transmitbeam-trawling, thisbottom informationpair bytrawling 30and Novemberotter eachtwin year.trawls;’

Change 35

RemovedTo better align the text with Recommendation GFCM/44/2021/20

Regulation (EU) No 2023/2124

Change 36

RemovedArticle 1 – paragraph 1 – point 36, Article 74d – paragraph 1: 1. Member States shall adopt fisheries management measures or national management plans under the scope of this section to ensure adequate conservation of small pelagic stocks.

AddedArticle 1 – paragraph 1 – point 35, Article 73 – paragraph 1: This section applies to all fishing activities targeting key small pelagic stocks (anchovy - Engraulis encrasicolus and sardine - Sardina pilchardus) in GSAs 17 and 18 as provided for in Annex I by means of purse seiners and pelagic trawlers".

RemovedTo better align the text with Recommendation GFCM/44/2021/20

Regulation (EU) No 2023/2124

Change 37

RemovedArticle 1 – paragraph 1 – point 36, Article 74d – paragraph 2: 2. Member States shall promptly notify of any management measures or national management plans adopted at national level to the Commission by 15 April of each year. The Commission shall transmit those measures and plans to the GFCM Secretariat by 30 April of each year.

AddedArticle 1 – paragraph 1 – point 35 a (new), Article 74 – paragraph 5: (35a) In Article 74, paragraph 5 is deleted.

Regulation (EU) No 2023/2124

Change 38

RemovedArticle 1 – paragraph 1 – point 36, Article 74f – paragraph 3: 3. During the transitional period, the Member States shall apply spatial closures to vessels over 12 metres LOA for no less than 9 months. Such closures shall cover 30 percent of the territorial or internal waters identified as important for the protection of early-age classes of fish.

AddedArticle 1 – paragraph 1 – point 36, Article 74c – paragraph 2: 2. It shall be prohibited to land or tranship from fishing vessels any quantity of catches of anchovy and sardine fished by purse-seines or pelagic-trawls in the Adriatic Sea at any place other than the designated landing sites by Member States.

Regulation (EU) No 2023/2124

Change 39

RemovedArticle 1 – paragraph 1 – point 36 a (new), Article 75a (new): (36a) The following article is inserted: / “Article 75a / International Joint Inspection and Surveillance Scheme / 1. Member States may carry out inspection and surveillance activities under the scope of this section in the framework of an International Joint Inspection and Surveillance Scheme (‘the Scheme’) covering the waters outside national jurisdiction in GFCM geographical subareas 17 and 18 (Adriatic Sea), as defined in Annex I (‘the inspection and surveillance area’). / 2. Member States may assign inspectors and inspection means and carry out inspections under the Scheme. The Commission or a body designated by it may also assign Union inspectors to the Scheme. / 3. The Commission or a body designated by it shall coordinate the surveillance and inspection activities for the Union and may draw up, in coordination with the Member States concerned, a joint deployment plan to enable the Union to partake in the Scheme. Member States shall adopt the necessary measures to facilitate the implementation of those plans, particularly with regard to the human and material resources required and the periods and geographical areas in which those resources are to be deployed. / 4. Each Member State shall, by 15 November of each year, notify to the Commission, or to a body designated by it, the list of the names of inspectors authorised to perform the inspection and surveillance in the area referred to in paragraph 1, as well as the names of the vessels and aircraft used for inspection…

AddedArticle 1 – paragraph 1 – point 36, Article 74c – paragraph 3: 3. Member States shall communicate to the Commission by 15 November of each year any change to the list of designated landing sites in which landings of anchovy and sardine may take place. The Commission shall transmit this information by 30 November of each year.

RemovedGFCM/46/2023/18

Regulation (EU) No 2023/2124

Change 40

RemovedArticle 1 – paragraph 1 – point 36 b (new), Article -75aa (new): (36b) The following article is inserted between Article 75 and Article 76: / “Article -75aa / Conduct of inspections / 1. Inspectors assigned to the Scheme shall: / (a) prior to boarding, notify the fishing vessel of the name of the inspection vessel; / (b) display, on the inspection vessel and boarding vessel, the pennant described in Annex V; / (c) limit each inspection team to a maximum of three inspectors. / 2. Upon boarding the vessel, inspectors shall produce the identity card described in Annex IV to the master of the fishing vessel. Inspections shall be conducted in one of the official languages of the GFCM and, where possible, in the language spoken by the master of the fishing vessel. / 3. Inspectors shall draw up a report of the inspection in the format set out in Annex VI. / 4. Inspectors shall sign the report in the presence of the master of the vessel who shall be entitled to add to the report any observations which he or she may think suitable and who must also sign. / 5. Copies of the report shall be given to the master of the vessel and to the authorities of the inspection party, which shall transmit copies to the authorities of the flag State of the inspected vessel and to the Commission and/or a body designated by it. The Commission shall forward the copy to the GFCM Secretariat. / 6. The size of the inspection party and length of the inspection shall be determined by the commanding officer of the inspection vessel taking into account all relevant circumsta…