Changes from report parliamentary committee draft to plenary report

AddedArticle 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.

RemovedAccording to GFCM/46/2023/18

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Change 41

RemovedArticle 1 – paragraph 1 – point 36 c (new), Article -75ab (new): (36c) The following article is inserted between Article 75 and Article 76: / “Article -75ab / Infringements / 1. For the purposes of this Article, the following activities shall be considered as infringements: / (a) the activities referred to in Article 3(1), points (a), (b), (c), (e), (f), (g) and (h) of Regulation (EC) No 1005/2008; / (b) interference with satellite monitoring system; and / (c) operating without a VMS. / 2. In the case of any boarding and inspection of a fishing vessel during which the inspectors detect an infringement, the authorities of the flag Member State of the inspection vessel shall immediately inform the Commission, or a body designated by it, which shall notify the flag State of the inspected fishing vessel and the GFCM Secretariat directly. They shall also inform any inspection ship of the flag State of the fishing vessel known to be in the vicinity. / 3. The flag Member State of the fishing vessel shall ensure that, following an inspection in which an infringement has been detected, the fishing vessel concerned ceases all fishing activities. The flag Member State shall require the fishing vessel to proceed within 72 hours to a port designated by it, where an investigation shall be initiated. / 4. In the event that an infringement has been detected during an inspection, the actions and follow-up taken by the flag Member State shall be notified to the Commission or a body designated by it. The Commission or a body designated by it shall forward th…

AddedArticle 1 – paragraph 1 – point 39, Article 77a – paragraph 1: 1. Over the transitional period, Member States shall apply specific temporal closures at the fleet level, with a view to protecting the key stock during spawning periods. Such closures are not required to be applied simultaneously for different type of fishing gear. They shall cover the key areas of distribution of blackspot seabream in the Alboran Sea and affect all vessels concerned by this Chapter for periods of no less than 60 continuous days per fleet segment. Such closures shall take place from January to March. Each Member State shall submit the closure period and the list of vessels concerned to the Commission. The Commission shall submit that information to the GFCM Secretariat without delay.

RemovedAccording to GFCM/46/2023/18

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Article 1 – paragraph 1 – point 39, Article 78 – paragraph 1: 1. Member States shall ensure that the overall fleet capacity 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 the fisheries averaged over years 2018-2021.

Change 42

RemovedGFCM/45/2022/3

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Article 1 – paragraph 1 – point 39, Article 78 – paragraph 2: 2. Member States shall adapt to the fishing opportunities the overall fleet capacity of the fleets fishing blackspot seabream operating with handlines, set and mixed longliners in terms of gross tonnage (GT) , engine power (kW) and number of vessels, as recorded both in national and GFCM registers.

Change 43

RemovedGFCM/45/2022/3

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Change 44

AddedArticle 1 – paragraph 1 – point 39, Article 78 – paragraph 3 a (new): 3a. Member States shall communicate to the Commission by 15 November of each year the fishing activities carried out by authorised vessels flying their flag which are authorised to fish for that year blackspot seabream under the scope of this chapter. The information shall be presented in an aggregated format, including the following minimum information: number of exploitation days, exploitation area, and catches of blackspot seabream per fishing gear. The Commission shall transmit this information to the GFCM Secretariat by 30 November of each year.

AddedRegulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 40, Article 79 – paragraph 4: 4. The information stipulated in paragraph 3 may be submitted by the fishers or their representatives up to one hour before the estimated time of arrival, where the fishing grounds are less than four hours away from the port of arrival.

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Article 1 – paragraph 1 – point 40, Article 79 – paragraph 5: deleted

Change 45

RemovedRegulation (EC) No 1224/2009 applies for all EU fishers or masters of authorised fishing vessels, so additional paragraph is not needed.

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Change 46

ChangedArticle 1 – paragraph 1 – point 40, Article 79 – paragraph 6: 6. It shall be prohibited to land or tranship from fishing vessels any quantity of blackspot seabream fished in the Alboran Sea at any place other than points designated landing sites by the Member States.

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Change 47

ChangedArticle 1 – paragraph 1 – point 40, Article 79 – paragraph 10: 10. Notwithstanding Article 9 of Regulation (EC) No 1224/2009, by [the date of entry into force] all the authorized vessels under this chapter above 10 meters length overall (LOA) shall be equipped with a vessel monitoring system (VMS) or any other geolocation system allowing control authorities to track their activity at all times during the fishing trips. ”;

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Change 48

ChangedArticle 1 – paragraph 1 – point 42 a (new), Article 81: (42a) Article 81 is replaced by the following: / “Article‘Article 81 / This Chapter applies to pelagic fishing activities in the Mediterranean (geographical subareas(GSAs 1 to 27) targeting common dolphinfish (Coryphaena hippurus) byusing meansfishing ofaggregated FADsdevices and(FADs), as well as to recreational fishing.”fishing.’

Change 49

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

RemovedGFCM/46/2023/14

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Change 50

ChangedArticle 1 – paragraph 1 – point 42 b (new), Article 83: (42b) Article 83 is replaced by the following: / “Over‘Article 83 / A transitional fishing regime shall be established for fisheries using FADs until 31 December 2026. During the transitional period, Member States shall ensure that a catch limit is established on the basis of the reported landings to the GFCM as follows: eithereither: i)(a) on the basis of the average of any two years’ landings during the period 2018–20222018–2022; or ii)(b) on the basis of landings in 2022.”2022.’

Change 51

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

RemovedGFCM/46/2023/14

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Change 52

ChangedArticle 1 – paragraph 1 – point 42 c (new), Article 84 – paragraph 2 a (new): (42c) In Article 84, the following paragraph is inserted:added: / “2a. Member States shall submit their national data (as specified in Annex XXV) to the Commission by no later than 15 July of each year. The Commission shall submit the national data to the GFCM Secretariat no later than 31 July of each calendar year.”

Change 53

RemovedGFCM/46/2023/14

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Change 54

ChangedArticle 1 – paragraph 1 – point 42 d (new), Article 85: (42d)(42 d) Article 85 is replaced by the following: / “1.‘Article 85 / 1. In order to ensure adequate conservation of the common dolphinfish, Member States shall adopt fisheries management measures or national management plans in the GSAs 1-27. / 2. Member States shall notify the Commission, from 30 September 2024, of the management measures or management plans adopted at the national level. The Commission shall notify the GFCM Secretariat,Secretariat of the management measures or management plans adopted at the national level. / 3. Where appropriate, should these measures or management plans adopted at the national level be modified, the Member States shall communicate to the Commission of such modifications by 15 April of the following year. The Commission shall notify the GFCM Secretariat of the modifications of the management measures or management plans adopted at the national level by 30 of April of the following year.”year.;

Change 55

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

RemovedAccording to GFCM/46/2023/14

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Change 56

ChangedArticle 1 – paragraph 1 – point 4342 ae (new), Article 86 – paragraph -1 (new): (43a)(42e) In Article 86, the following paragraph is inserted: / “-1.‘-1. Member States shall ensure that the overall fleet capacity of the fleets operating with FADs and actively fishing for the key stock does not exceed, in terms of gross tonnage (GT) engine power (kW) and number of vessels as recorded both in national and GFCM registers, overuntil eight years from the durationdate of thisthe recommendation’sinitial mandate,adoption of the management measures or management plans adopted at the national level as established in accordance to previous article, the fleet capacity for common dolphinfish in FAD fisheries in the year 2019.”2019.’

Change 57

RemovedAccording to GFCM/46/2023/14

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Change 58

ChangedArticle 1 – paragraph 1 – point 44 a (new), Article 88 – paragraph 3 a (new): (44a) in Article 88, the following paragraph is inserted: / “3a. From the first day of the open FAD season in 2027, FADs shouldshall be exclusively constructed with biodegradable materials to ensure that lost FADs will not further contribute to marine plastic pollution.”;materials.”;

Change 59

RemovedGFCM/46/2023/14

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Change 60

ChangedArticle 1 – paragraph 1 – point 45, Article 88 – paragraph 6: 6. In the event of loss or impossibility to haul in a FAD, fishers or masters of fishing vessels shall record the last known position and its date. Fishing vessels exploiting common dolphinfish shall collect and report the last registered position of the lost FAD as well as the date of its last registered position, its identification number and any information allowing the identification of the FAD owner.”;owner.

Change 61

RemovedFADs are not considered as a fishing gear in Articles 14(7) and Article 48 of Regulation (EC) 1224/2009. Articles 14(7) and Article 48 of Regulation (EC) 1224/2009 are only on lost gear.

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Change 62

ChangedArticle 1 – paragraph 1 – point 45 a (new), Article 89:89 – paragraphs 2 a (new) and 2 b (new): (45a) in Article 89, the following paragraphs are added: / “3.“2a. Member States shall ensure that all fishing vessels flying their flag and exploiting common dolphinfish record their fishing activities with FADs. / 4.2b. In the event of FADloss loss,of a FAD, Member States shall ensure that the vessels flying their flag collect and report the last registered position of the lost FAD as well as the date of its last registered position, its identification number and any information allowing the identification of the FAD owner. / 5. By 2032 at the latest, the GFCM shall adopt implementing rules for the identification and marking of FADs.”owner."

Change 63

RemovedGFCM/46/2023/14

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Change 64

ChangedArticle 1 – paragraph 1 – point 45 b (new), Article 89 a (new): (45b) the following articleArticle is inserted in Title II, Chapter VII: / “Article‘Article 89a / Specific measures to address illegal, unreported and unregulated fishing / 1. Each Member StatesState shall ensure that adequate mechanisms are in place for the registration of each fishing vessel in a national fleet register for the recording of the vessel’s catch and fishing effort in the logbook and for the monitoring of the vessel’s fishing activities and landings by means of surveys and sampling of catches and fishing effort, carried out in accordance with the rules laid out by eachthe Member States.State. / 2. Each Member States shall designate landing pointssites at which landings by vessels actively fishing for thecommon keydolphin stockfish in the Mediterranean Sea shall take place. / 3. For each designated port,landing site, the concerned Member States shall specify permitted landing and transshippingtranshipping times and places. / 4.3. Member States shall carry out inspections on the basis of a risk analysis. It shall be prohibited to land or transshiptranship from fishing vessels any quantity of common dolphinfish fished in the Mediterranean Sea at any place other than portsthe designated landing sites by Member States. /States 5.in Memberaccordance Stateswith shallparagraph transmit2. to/ the4. GFCMBy Secretariat,15 noNovember laterof thaneach andyear, subsequentlyMember onStates 30shall Novembercommunicate ofto eachthe year,Commission any changes to the list of the designated landing pointssites at which landings of key stock in the Mediterranean Sea may take place. /By 6.30 MemberNovember Statesof partieseach shallyear, engagethe toCommission cooperateshall intransmit thethose fightchanges againstto IUUthe fishingGFCM activities,Secretariat. in/ parti…5. Me…

Change 65

RemovedGFCM/46/2023/14

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Change 66

RemovedArticle 1 – paragraph 1 – point 45 c (new), Article 89 b (new): (45c) the following article is inserted in Title II, Chapter VII: / “Article 89b / 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 1 - 27 (Mediterranean 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 a…

AddedArticle 1 – paragraph 1 – point 47, Article 94a – paragraph 1: 1. Member States shall fully implement the turbot Catch Documentation Scheme (CDS) along the entire supply chain in order to ensure the traceability of turbot caught in the Black Sea and contribute to the fight against IUU fishing activities.

RemovedGFCM/46/2023/17

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Change 67

RemovedArticle 1 – paragraph 1 – point 45 d (new), Article 89 c (new): (45d) the following article is inserted in Title II, Chapter VII: / “Article 89c / 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 circumstances.”

AddedArticle 1 – paragraph 1 – point 47, Article 94a – paragraph 2: 2. The paper-based turbot 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 turbot by Member States and shall include the information set out in Annex XXIV.