What changed between the plenary report and the adopted text

Added:International Joint Inspection and Surveillance Scheme

Added:1. Member States may carry out inspection and surveillance activities within 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”).

Added: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.

Added: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, in particular as regards the human and material resources required and the periods and geographical areas in which those resources are to be deployed.

Added: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 activities in the area referred to in paragraph 1, as well as the names of the vessels and aircraft used for inspection and surveillance which they intend to assign to the Scheme for the following year. The Commission or a body designated by it shall send that information to the GFCM Secretariat by 1 December of each year or as soon as possible before the commencement of those inspection and surveillance activities.

Added:5. Inspectors assigned to the Scheme shall carry a GFCM inspector card issued by the competent authorities, which shall be in the form set out in Annex IV.

Added:6. Vessels carrying out boarding and inspection duties in accordance with the Scheme shall fly a special flag or pennant, as described in Annex V.

Added:7. Each Member State shall ensure that every inspection platform entitled to fly its flag operating in the area referred to in paragraph 1 maintains secure contact, daily where possible, with every other inspection platform operating in that area, to exchange information necessary to coordinate the activities.

Added:8. Each Member State with an inspection or surveillance presence in the area referred to in paragraph 1 shall provide each inspection platform, upon its entry into that area, with a list of sightings established in accordance with Annex VII and of boardings and inspections it has conducted in the previous 10-day period, including dates, coordinates and any other relevant information.

Added:Article 75b

Added:Conduct of inspections

Added:1. Inspectors assigned to the Scheme shall:

Added:(a) prior to boarding, notify the fishing vessel of the name of the inspection vessel;

Added:(b) display, on the inspection vessel and boarding vessel, the pennant described in Annex V;

Added:(c) limit each inspection team to a maximum of three inspectors.

Added:2. Upon boarding the vessel, inspectors shall produce the identity card for GFCM inspectors described in Annex IV to the master of that 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.

Added:3. Inspectors shall draw up a report of the inspection in the format set out in Annex VI.

Added: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 the master of the vessel considers suitable. The master of the vessel shall also sign the report.

Added: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 or a body designated by it. The Commission shall forward the copy of the report to the GFCM Secretariat.

Added:6. The size of the inspection party and the duration of the inspection shall be determined by the commanding officer of the inspection vessel, taking into account all relevant circumstances.

Added:Article 75c

Added:Infringements

Added:1. For the purposes of this Article, the following activities shall be considered to be infringements:

Added:(a) the activities referred to in Article 3 of Regulation (EC) No 1005/2008;

Added:(b) interference with satellite monitoring system; and

Added:(c) operating without a VMS.

Added: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 both directly and through the GFCM Secretariat. They shall also inform any inspection ship of the flag State of the fishing vessel known to be in the vicinity.

Added: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.

Added: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 and follow-up taken to the GFCM Secretariat.

Added:5. Member States’ authorities shall act on inspection reports, as referred to in Article 75b(3), sighting information sheet, as provided for in Annex VII, and statements resulting from documentary inspections by inspectors on a similar basis as they act on reports and statements of national inspectors.’;

Added:(42) the following Section is inserted:

Added:‘Section II

Added:Black Sea

Added:Article 75d

Added:Scope

Added:This section applies to fishing activities targeting European sprat (Sprattus sprattus) in the Black Sea, in GSA 29 as provided for in Annex I.

Added:Article 75e

Added:Scientific monitoring

Added:Member States shall ensure on an annual basis an adequate scientific monitoring of the status of the species included within the scope of this section.

Added:Article 75f

Added:List of authorised and active vessels

Added:1. Member States shall communicate to the Commission by 15 January of each year the list of all the vessels flying their flag that are authorised to fish for and are actively fishing for European sprat for the given year. The Commission shall transmit that list to the GFCM Secretariat by 31 January of each year. That list shall include, for each vessel, the information referred to in Annex VIII.

Added:2. Member States shall promptly notify the Commission of any addition to, deletion from or modification of their lists pertaining to fishing fleets for European sprat at any time such changes may occur and at least on a monthly basis. The Commission shall transmit those changes to the GFCM Secretariat without delay.

Added:3. Vessels not listed by the Member States shall not catch, retain on board, tranship, land, store or sell European sprat.

Added:Article 75g

Added:Reporting obligations for the masters of the vessels

Added:1. The masters of the vessels fishing for sprat shall communicate to the Member States twice a year and by 1 July and 1 January of each year, a detailed report on those vessels’ fishing activities. That report shall include at least the following information:

Added:(a) operating days;

Added:(b) operating area;

Added:(c) total catch of European sprat.

Added:2. Member States shall transmit the report referred to in paragraph 1 to the Commission by 15 July and 15 January of each year.

Added:3. The Commission shall transmit the report referred to in paragraph 1 to the GFCM Secretariat twice a year and by 31 July and 31 January of each year.

Added:Article 75h

Added:Additional measures

Added:Member States may adopt spatial or temporal measures additional to those provided for in this Regulation to protect aggregation areas of juveniles of sprat.

Added:Article 75i

Added:Control, monitoring and surveillance of fisheries for European sprat in the Black Sea

Added:1. Each Member State shall ensure adequate mechanisms are set up for the recording of each fishing vessel in its national fleet register and for the recording of those vessels’ catches and fishing effort of European sprat via their logbooks.

Added:2. Fishers or masters of authorised fishing vessels actively fishing European sprat shall declare all catches and bycatch, irrespective of the live weight of the catch.

Added:Article 75j