Changes from report parliamentary committee draft to plenary report

RemovedGFCM/46/2023/17

RemovedRegulation (EU) 2023/2124

RemovedArticle 1 – paragraph 1 – point 45 e (new), Article 89 d (new): (45e) the following article is inserted in Title II, Chapter VII: / “Article 89d / 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 the action an…

RemovedAccording to GFCM/46/2023/17

Regulation (EU) No 2023/2124

Change 68

RemovedArticle 1 – paragraph 1 – point 47, Article 94a: 1. Member States shall fully implement by [the date of entry into force] 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 illegal, unregulated and unreported (IUU) fishing activities. / 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 detailed in Annex XXIV. / 3. The paper-based turbot Catch Documentation Scheme applies to first landings, exports and re-exports. Domestic trade is not included in the validation chain. / 4. Each catch certificate shall have a unique document identification number. This number shall be specific to the flag Member States and be assigned to each fishing vessel. The certificates shall not be transferable to another fishing vessel. / 5. Member States shall validate fishing certificates only when all the information contained in the turbot Catch Documentation Scheme have been established to be accurate as a result of the verification of the supporting documents and corresponding consignment. / 6. Member States shall report to the GFCM Secretariat on their Catch Documentation Scheme, as well as possible tagging and identification requirements and traceability and tracking requirements for turbot, which …

AddedArticle 1 – paragraph 1 – point 47, Article 94a – paragraph 3: 3. The paper-based turbot Catch Documentation Scheme shall apply to first landings, exports and re-exports. Domestic trade shall not be included in the validation chain.

RemovedGFCM/46/2023/20

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Change 69

RemovedArticle 1 – paragraph 1 – point 48, Article 96a – paragraph 1: Member States shall maintain the fishing fleet capacity or fishing effort at the levels authorised and exerted during the years 2015 - 2021 for the exploitation of piked dogfish in the Black Sea.

AddedArticle 1 – paragraph 1 – point 47, Article 94a – paragraph 4: 4. Each catch certificate shall have a unique document identification number. That number shall be specific to the flag Member State and be assigned to each fishing vessel. The catch certificates shall not be transferable to another fishing vessel.

RemovedGFCM/44/2021/10 and GFCM/47/2024/10

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Change 70

RemovedArticle 1 – paragraph 1 – point 48, Article 96b – paragraph 3: 3. Member States shall ensure that any additional measure is taken to improve data collection for the purpose of the scientific monitoring of picked dogfish.

AddedArticle 1 – paragraph 1 – point 47, Article 94a – paragraph 4 a (new): 4a. Member States shall validate fishing certificates only when all the information contained in the turbot Catch Documentation Scheme have been established to be accurate as a result of the verification of the supporting documents and corresponding consignment.

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Change 71

RemovedArticle 1 – paragraph 1 – point 49 – point a, Article 98 – paragraph 1: 1. Member States shall encourage further actions to improve the conservation status of elasmobranch species listed in Annex II to the Protocol and to mitigate or eliminate, where possible, the risk of incidental catch in fishing operations and/or the associated mortality concerning specially protected areas and biological diversity in the Mediterranean”.;

AddedArticle 1 – paragraph 1 – point 47, Article 94a – paragraph 4 b (new): 4b. Member States shall report to the Commission on their Catch Documentation Scheme, as well as possible tagging and identification requirements and traceability and tracking requirements for turbot, which shall be in line with the provisions of this article in order to effectively ensure that the traceability objective is met. The Commission shall notify the GFCM Secretariat of such reports.

RemovedGFCM/44/2021/16

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Change 72

RemovedArticle 1 – paragraph 1 – point 49 – point b, Article 98 – paragraph 4: 4. Member States shall report to the Commission, by 15 April 2026 at the latest, on at least one activity per species/gender listed in Annex XVII and present in the GSAs 1-27 where fishing activities are carried out, or on at least five species-specific actions in total. to improve the conservation status of elasmobranchs, mitigate and, where possible, eliminate the risk of incidental catch of elasmobranch in fishing operations and the associated mortality. The Commission shall send that information to the GFCM Secretariat by 30 April 2026, at the latest.

AddedArticle 1 – paragraph 1 – point 47, Article 94a – paragraph 4 c (new): 4c. Member States shall notify the Commission of their competent authorities responsible for validating, checking and verifying the catch certificates, as well as Catch Documentation Scheme contact points, validation seal and other information relevant to the implementation of the Catch Documentation Scheme. The Commission shall communicate that information to the GFCM Secretariat.

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Change 73

RemovedArticle 1 – paragraph 1 – point 49 – point b, Article 98 – paragraph 5: 5. Member States shall require fishing vessels catching sharks species in GSAs 1-27 as bycatch or incidental catch to limit the bycatch of sharks listed in Annex III to the Protocol concerning specially protected areas and biological diversity in the Mediterranean Sea to a maximum percentage of the total catch in weight per fishing trip or to no more than three specimens.

AddedArticle 1 – paragraph 1 – point 47, Article 94a – paragraph 4 d (new): 4d. Member States shall maintain the validated paper-based turbot catch certificates for a period of five years.

RemovedLingustic changes

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Change 74

RemovedArticle 1 – paragraph 1 – point 50, Article 102 – paragraph 3: deleted / (deleted) / (deleted) / (deleted)

AddedArticle 1 – paragraph 1 – point 47, Article 94a – paragraph 4 e (new): 4e. Member States shall report annually on the implementation of the paper-based turbot Catch Documentation Scheme to the Commission in view of notifying the Compliance Committee (CoC), providing detailed information and statistical data on, inter alia, annual quantities validated, annual quantities traded, number of harvest certificates validated, and any relevant elements considered to provide information on the state of play. The Commission shall submit the reports to the GFCM Secretariat no later than 30 days before the session of the CoC.

RemovedGFCM/44/2021/13 was repealed by GFCM/46/2023/22.

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Change 75

ChangedArticle 1 – paragraph 1 – point 51,48, Article 103a96b – paragraph 3: 3. By 31 December 2026, Member States shall notify to the Commission at least twoensure ofthat theany mitigationadditional measuresmeasure adoptedis pursuanttaken to points 1 and 2.improve Indata thiscollection regard,for the areas and fleets with higher riskspurpose of interactionsthe shouldscientific bemonitoring takenof intopiked consideration.dogfish.

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Change 76

AddedArticle 1 – paragraph 1 – point 49 – point a, Article 98 – paragraph 1: 1. Member States shall ensure a high protection from fishing activities for elasmobranch species listed in Annex II and Annex III to of the Protocol concerning specially protected areas and biological diversity in the Mediterranean”.;

AddedRegulation (EU) No 2023/2124

AddedArticle 1 – paragraph 1 – point 49 – point b, Article 98 – paragraph 4 a (new): 4a. Member States shall be encouraged to take and adopt mitigation measures to minimise and eliminate, where possible, the incidental catch of elasmobranchs during fishing operations and increasing post-release survival rates in fisheries with a high risk of bycatch identified by the SAC and, where possible, in fisheries with a low risk of bycatch. Such measures shall be accompanied by an appropriate scientific monitoring to establish the efficacy of the actions and may include, inter alia: / (a) fishing gear modifications and alternative fishing gear types; / (b) improvements in fishing gear marking and detection; / (c) time-area fishing restrictions or closures, if appropriate and in particular in elasmobranch critical habitats; / (d) implementation of maximum potential bycatch thresholds; and / (e) use of magnetic deterrent devices, when based on scientific studies and after a cost-benefit evaluation.

AddedRegulation (EU) No 2023/2124

AddedArticle 1 – paragraph 1 – point 49 – point b, Article 98 – paragraph 4 b (new): 4b. The Member States may also consider, on a voluntary basis, other types of management such as incentive-based management, which rewards low impact operators while simultaneously driving poorly performing operators to adopt better practices or leave the industry, or market-based incentive management, which includes for example elasmobranch-safe and elasmobranch-friendly labelling in medium to high-risk fisheries.

AddedRegulation (EU) No 2023/2124

AddedArticle 1 – paragraph 1 – point 49 – point b, Article 98 – paragraph 5: 5. Member States shall require fishing vessels catching sharks species as bycatch or incidental catch to limit the bycatch of sharks listed in Annex III to the Protocol concerning specially protected areas and biological diversity in the Mediterranean Sea to a maximum percentage of the total catch in weight per fishing trip or to no more than three specimens.

AddedRegulation (EU) No 2023/2124

AddedArticle 1 – paragraph 1 – point 50, Article 102 – paragraph 3 – point b: (b) Member States shall evaluate the effectiveness of at least two transitional mitigation measures listed in Annex XVIII to improve the conservation status of seabird species, mitigate and, where possible, eliminate the risk of incidental catch of seabirds in fishing operations and associated mortality.

AddedRegulation (EU) No 2023/2124

AddedArticle 1 – paragraph 1 – point 51, Article 103a – paragraph 3: 3. By 1 January 2026, Member States shall notify to the Commission at least two of the mitigation measures adopted pursuant to points 1 and 2. In this regard, the areas and fleets with higher risks of interactions should be taken into consideration.

AddedRegulation (EU) No 2023/2124

AddedArticle 1 – paragraph 1 – point 51, Article 103a – paragraph 4: 4. The Commission shall, without delay, notify the GFCM Secretariat of such measures.

AddedRegulation (EU) No 2023/2124

▸4 unchanged paragraphs

Article 1 – paragraph 1 – point 52, Article 105a – paragraph 1 – point d: (d) implementation of maximum potential bycatch thresholds;

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Article 1 – paragraph 1 – point 52, Article 105a – paragraph 1 – point e: (e) use of acoustic deterrent devices; and

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Change 77

RemovedArticle 1 – paragraph 1 – point 52, Article 105a – paragraph 2: 2. The Member States are invited to facilitate the implementation of measures to avoid entanglement during depredation activity and to reduce post-release mortality, through appropriate guidelines and training.

AddedArticle 1 – paragraph 1 – point 52, Article 105a – paragraph 4: 4. The Commission or Member States may also consider, on a voluntary basis, other types of management such as incentive-based management, rewarding low-impact operators while simultaneously driving poorly performing operators to adopt better practices or leave the industry, or market-based incentive management employing, for example, dolphin-safe or dolphin-friendly labelling in fisheries with a medium to high risk of interactions with cetaceans.

RemovedTo better align the text with Recommendation GFCM/44/2021/15

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Change 78

RemovedArticle 1 – paragraph 1 – point 53 – point b, Article 106 – paragraph 1 – point e: (e) any event of incidental catch, release and/or discarding in GSAs 1-27 of sharks species listed either in Annex II or Annex III to the SPA/BD Protocol concerning specially protected areas and biological diversity in the Mediterranean.”;

AddedArticle 1 – paragraph 1 – point 52, Article 105a – paragraph 5: 5. Member States shall notify to the Commission at least two of the mitigation measures adopted pursuant to points 1, 2, 3, and 4.

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RemovedArticle 1 – paragraph 1 – point 53 – point c, Article 106 – paragraph 1 – point f: (f) any event of incidental catches of elasmobranchs in GSAs 1-27 ;

AddedArticle 1 – paragraph 1 – point 54, Article 106a – paragraph 1: This subsection sets minimum standards to all Fisheries Restricted Areas (FRAs) established at GFCM level.