Changes from report parliamentary committee draft to plenary report

Regulation (EU) No 2023/2124

Change 80

ChangedArticle 1 – paragraph 1 – point 54, Article 106d – paragraph 2: 2. Fishing vessels authorized to fish in part D(2) of annexAnnex XI shall be equipped with remote electronic monitoring using increased data transmission frequency as well as an electronic logbook in correct working order or an equivalent document, and fishing gear on board or in use shall be duly identified, numbered and marked before the start of any fishing operation or navigation within the Fisheries Restricted Area. To the extent possible, the frequency of data transmissions of vessel monitoring systems (VMS or automated identification systems) shall be of at least once every 30 minutes when a fishing vessel enters any zone of a Fisheries Restricted Area.

Change 81

RemovedCorrecting reference mistake made by the Commission

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 54, Article 106d – paragraph 4: 4. Member States shall send to the Commission, by 15 May of each year, a report on management measures taken in the FRAs. The Commission is empowered to adopt delegated acts supplementing this Regulation in accordance with Article 140 of this Regulation in respect of the content of the report as will be agreed at GFCM level.

Change 82

RemovedRegionalisation

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Article 1 – paragraph 1 – point 54, Article 106d – paragraph 5 – introductory part: 5. The report provided for in paragraph 4 shall contain the following:

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Change 83

RemovedArticle 1 – paragraph 1 – point 54, Article 106d – paragraph 5 – point c: (c) the results of the inspection schemes including at least the number of infractions detected and committed outside the areas of sovereignty of the Member States, the type of infraction and the sanctions applied;

AddedArticle 1 – paragraph 1 – point 55, Article 107 – paragraph 1: 1. A fisheries restricted area (FRA) in the eastern Gulf of Lion (geographical subarea 7) is established with a view to reinforcing the protection of spawning aggregations and deep-sea sensitive habitats.

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Change 84

ChangedArticle 1 – paragraph 1 – point 55, Article 107: 1. A fisheries restricted area in the eastern Gulf of Lion (geographical subarea 7) is established with a view to reinforcing the protection of spawning aggregations and deep-sea107 sensitive– habitats.paragraph /2: 2. The FRA under paragraph 1 shall be divided into Zone A and Zone B and bounded by the lines joining the geographical coordinates defined in Annex XI, Part A. / (deleted)

Change 85

RemovedGFCM/46/2023/1

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Change 86

RemovedArticle 1 – paragraph 1 – point 55 a (new), Article 107a (new): (55a) the following article is inserted: / “Article 107a / Management and monitoring of fishing capacity and fishing effort / 1. With a view to contributing to the protection of vulnerable marine ecosystems (VMEs) and essential fish habitats for demersal stocks such as European hake (Merluccius merluccius), any professional fishing vessels targeting demersal stocks and using towed nets, bottom or mid-water longlines or bottom-set nets shall be prohibited in Zone A. / 2. Any recreational fishing activity shall be prohibited in Zone A. / 3. Fishing activities targeting demersal stocks and using towed nets, bottom or mid-water longlines or bottom-set nets shall be prohibited in Zone B from 1 November to 30 April of each year. 4. Any recreational fishing activity shall be prohibited in Zone B.”

AddedArticle 1 – paragraph 1 – point 55, Article 107 – paragraph 3: deleted

RemovedGFCM/46/2023/1

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Change 87

ChangedArticle 1 – paragraph 1 – point 56,55 a (new), Article 108:107a (new): (55a) The annualfollowing article is inserted: / ‘Article 107a / Management and monitoring of fishing capacity and fishing effort (days/ at1. sea)With exerteda onview to contributing to the protection of vulnerable marine ecosystems (VMEs) and essential fish habitats for demersal stocks bysuch vesselsas authorisedEuropean tohake fish(Merluccius in[WA1]merluccius), theany FRAprofessional fishing vessels targeting demersal stocks and using towed nets, bottom or mid-water longlines or bottom-set nets shall notbe exceedprohibited thein levelZone ofA. fishing/ effort2. exertedFishing overactivities thetargeting referencedemersal periodstocks (setand using towed nets, bottom or mid-water longlines or bottom-set nets shall be prohibited in Zone B from 1 November to the30 yearsApril 2015–2017).of each year. / (deleted)3. Any recreational fishing activity shall be prohibited in Zones A and B.’

Change 88

RemovedGFCM/46/2023/1

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Change 89

RemovedArticle 1 – paragraph 1 – point 56 a (new), Article 110 – paragraph 3: (56a) Article 110, paragraph 3 is replaced by: / “3. Member States shall, not later than 16 February 2012, communicate to the Commission the national legislation in force on 31 December 2008 concerning: / (a) the maximum time of daily fishing activity; / (b) the maximum number of days at sea; and / (c) the legally compulsory timing of exiting and returning to the registered port.”

AddedArticle 1 – paragraph 1 – point 56, Article 108 – paragraph 1: 1. The annual fishing effort (days at sea) exerted on demersal stocks by vessels authorised to fish in the FRA using towed nets, bottom or mid-water longlines or bottom-set nets shall not exceed the level of fishing effort exerted over the reference period (set to the years 2015–2017).

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

RemovedGFCM/46/2023/1

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Change 90

RemovedArticle 1 – paragraph 1 – point 56 b (new), Article 110 – paragraph 3 a (new): (56b) In article 110, the following paragraph is added: / “3a. Member States shall not transfer effort between vessels authorised to fish in the FRA that use different types of gear.”

AddedArticle 1 – paragraph 1 – point 56, Article 108 – paragraph 2: deleted

RemovedGFCM/46/2023/1

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Change 91

RemovedArticle 1 – paragraph 1 – point 56 c (new), Article 110 a (new): (56c) the following article is inserted: / “Article 110a / Scientific monitoring / Member States shall ensure: / 1. That a scientific monitoring plan for the FRA is developed. / 2. The results of the FRA monitoring plan shall be regularly reported and discussed within the relevant subsidiary bodies of the Scientific Advisory Committee on Fisheries (SAC). The monitoring plan and its efficiency shall be assessed regularly by the Scientific Advisory Committee on Fisheries (SAC). / 3. Information on all vessels authorised to fish in Zone B of the FRA is recorded by Member States (as listed in Annex VIII) and made publicly available on the GFCM website in a manner that is consistent with GFCM data confidentiality policy and procedures. / 4. Information on fishing activities, catch of key species, incidental catch, release and/or discarding of sensitive species listed either in Annex II or Annex III of the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (SPA/BD Protocol) of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean is recorded by the ship owner in the electronic logbook or in an equivalent document, in line with the international standards and the data reporting requirements of relevant GFCM recommendations. / 5. Such information is reported to the national authorities for notification to the GFCM Secretariat, in line with the Data Collection Reference Framework (DCRF) manual. …

AddedArticle 1 – paragraph 1 – point 56 a (new), Article 110 – paragraph 3: (56a) Article 110, paragraph 3 is replaced by the following: / “3. Member States shall communicate to the Commission the national legislation in force on 31 December 2008 concerning: / (a) the maximum time of daily fishing activity; / (b) the maximum number of days at sea; and / (c) the legally compulsory timing of exiting and returning to the registered port.”

RemovedGFCM/46/2023/1

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Change 92

RemovedArticle 1 – paragraph 1 – point 56 d (new), Article 110 b (new): (56d) the following article is inserted: / “Article 110b / Control and enforcement measures / 1. Member States shall maintain a register of the vessels authorised to fish in the FRA. / 2. By [the date of entry into force] , Member States shall communicate to the GFCM Secretariat, through the GFCM Data Collection Reference Framework (DCRF) online platform, the list of vessels flying their flag authorised to fish in the FRA. For each vessel, the list shall contain the information detailed in Annex VIII. / 3. Member States shall send to the GFCM Secretariat, by 31 May each year, a report on the management measures they have taken in FRAs. To facilitate a common approach across the GFCM area of application, this report shall be prepared in accordance with common guidelines developed by the GFCM Secretariat. The report shall be published on the GFCM website within two months of being received in a manner that is consistent with GFCM data confidentiality policy and procedures. / 4. Member States shall communicate to the GFCM Secretariat, by [the date of entry into force], the legal conditions, as in force 31 December 2023, regarding the maximum duration of a fishing day. / 5. Member States shall ensure that the fishing vessels operating in the FRA comply with the obligations under 1 and 2. / 6. Professional fishing vessels longer than 12 m transiting in the FRA shall have an operational transponder on board for vessel monitoring systems (VMS) and/or automated identification systems…

AddedArticle 1 – paragraph 1 – point 56 b (new), Article 110 – paragraph 3 a (new): (56b) In Article 110, the following paragraph is added: / “3a. Member States shall not transfer effort between vessels authorised to fish in the FRA that use different types of gear.”

RemovedGFCM/46/2023/1

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Change 93

RemovedArticle 1 – paragraph 1 – point 57, Article 112: deleted

AddedArticle 1 – paragraph 1 – point 56 c (new), Article 110 a (new): (56 c) the following Article is inserted: / ‘Article 110a / Scientific monitoring / Member States shall ensure: / 1. That a scientific monitoring plan for the FRA is developed. / 2. The results of the FRA monitoring plan shall be regularly reported, discussed and assessed within the relevant subsidiary bodies of the Scientific Advisory Committee on Fisheries (SAC). / 3. Information on all vessels authorised to fish in Zone B of the FRA is recorded by Member States (as listed in Annex VIII) and made publicly available on the GFCM website in a manner that is consistent with GFCM data confidentiality policy and procedures. / 4. Information on fishing activities, catch of key species, incidental catch, release and/or discarding of sensitive species listed either in Annex II or Annex III of the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (SPA/BD Protocol) of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean is recorded by the ship owner in the electronic logbook or in an equivalent document, in line with the international standards and the data reporting requirements of relevant GFCM recommendations. / 5. Such information is reported to the national authorities for notification to the GFCM Secretariat, in line with the Data Collection Reference Framework (DCRF) manual. / 6. Any other additional measure, for example 5 percent coverage of onboard observers or remote electronic monit…

RemovedGFCM/44/2021/5 was repealed by GFCM/46/2023/1

Regulation (EU) No 2023/2124

Change 94

RemovedArticle 1 – paragraph 1 – point 60, Article 120c – paragraph 1: 1. Notwithstanding Article 21 of Regulation 1224/2009, Masters of fishing vessels over 15 meters in length overall flying their flag involved in a transhipment operation shall complete a GFCM transhipment declaration in accordance with Annex XX and indicate specifically all quantities of each species transhipped or received above 50 kg of live-weight equivalent and/or number of individuals when relevant.

AddedArticle 1 – paragraph 1 – point 56 d (new), Article 110 b (new): (56d) The following article is inserted: / ‘Article 110b / Control and enforcement measures / 1. Member States shall maintain a register of the vessels authorised to fish in the FRA. / 2. Member States shall communicate to the GFCM Secretariat, through the GFCM Data Collection Reference Framework (DCRF) online platform, the list of vessels flying their flag authorised to fish in the FRA. For each vessel, the list shall contain the information set out in Annex VIII. / 3. Member States shall send to the Commission, by 15 May of each year, a report on the management measures they have taken in FRAs. The Commission shall send the report to the GFCM Secretariat by 31 of May each year. To facilitate a common approach across the GFCM area of application, that report shall be prepared in accordance with common guidelines developed by the GFCM Secretariat. That report shall be published on the GFCM website within two months of being received in a manner that is consistent with GFCM data confidentiality policy and procedures. / 4. Member States shall communicate to the Commission the legal conditions, as in force on 31 December 2023, regarding the maximum duration of a fishing day. The Commission shall communicate that information to GFCM Secretariat. / 5. Member States shall ensure that the fishing vessels operating in the FRA comply with the obligations under 1 and 2 of this Article. / 6. Professional fishing vessels longer than 12 m transiting in the FRA shall have an operational tr…

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Change 95

RemovedArticle 1 – paragraph 1 – point 60, Article 120d – paragraph 3: 3. All donor and receiver vessels authorized to conduct transhipment shall be required to have and use an operational vessel monitoring system onboard in line with the characteristics described in Article 19 of Regulation 404/2011

AddedArticle 1 – paragraph 1 – point 59 a (new), Article 116 a (new) and Article 116 b (new): (59a) The following articles are inserted: / ‘Article 116a / Fishing restrictions in the Otranto Channel / 1. Any demersal fishing activity or recreational demersal fishing activity shall be prohibited in Zone A bounded by lines joining the coordinates set out in Part Da of Annex XI. / 2. For a two-month period between September and November of each year, fishing with bottom set nets, bottom trawl nets, set longlines and traps shall be prohibited in Zone B bounded by lines joining the coordinates set out in Part Da of Annex XI. / 3. Fishing activity with purse seines and pelagic trawls targeting anchovy or sardine shall be prohibited in the area bounded by lines joining the coordinates set out in Part D of Annex XI.; / Article 116b / Authorised vessels in the Otranto Channel area / 1. Without prejudice to Article 116a(2), commercial fishing activities carried out with bottom set nets, bottom trawl nets, set longlines and traps shall only be allowed, in the areas referred to in this paragraph, if the vessel is in possession of a specific authorisation and if it can demonstrate that it has historically carried out fishing activities in the areas concerned. / 2. In the area referred to in Article 116a(2), authorised fishing vessels shall not be entitled to fish for more for more than 70 fishing days per year or two fishing days per week. / 3. The vessels authorised to fish in the area referred to in Article 116a(2) with the gear referred to in paragraph 1 of this Article shall b…

RemovedVMS covered in Regulation 1224/2009. Characteristics of satellite-tracking devices described in Regulation 404/2011

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Change 96

RemovedArticle 1 – paragraph 1 – point 60, Article 120h – paragraph 1: Member States shall, by [the date of entry into force], put in place and maintain either a mandatory licensing or registry scheme covering all recreational fishers.

AddedArticle 1 – paragraph 1 – point 60, Article 120d – paragraph 3: 3. All donor and receiver vessels authorized to conduct transhipment shall be required to have and use an operational vessel monitoring system onboard in line with the characteristics described in Article 19 of Regulation (EU) No 404/2011.

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Change 97

AddedArticle 1 – paragraph 1 – point 60, Article 120h – paragraph 1: Member States shall put in place and maintain either a mandatory licensing or registry scheme covering all recreational fishers.

AddedRegulation (EU) No 2023/2124

AddedArticle 1 – paragraph 1 – point 60 a (new), Chapter III – Section -1 (new) – Articles 121 a (new), 121 b (new) and 121 c (new): (60 a) The following Section is inserted in Chapter III before Section I: / ‘Section -I / Inspections and Infringements / Article 121a / International Joint Inspection and Surveillance Scheme / 1. Member States may carry out inspection and surveillance activities in the framework of an International Joint Inspection and Surveillance Scheme (‘the Scheme’) covering the waters outside national jurisdiction in GFCM geographical subareas, as defined in Annex I (‘the inspection and surveillance area’), applicable for each of the species referred to in Articles 22, 31, 57, 73 and 81. / 2 Member States may assign inspectors and inspection means to 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 fulfil its obligation under the Scheme. Member States shall adopt the necessary measures to facilitate the implementation of those plans, particularly as regards 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 survei…

AddedRegulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 64, Article 130a – paragraph 4: 4. When a vessel is sighted and there are reasonable grounds to suspect that the vessel is without nationality, the sighting Member States may board the vessel to confirm its nationality. Member States conducting a boarding of a vessel operating without nationality shall notify the Commission without delay. The Commission shall notify the GFCM Secretariat without delay.

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Article 1 – paragraph 1 – point 64, Article 130a – paragraph 7: deleted