What changed between the plenary report and the adopted text

Added:(a) carry complete and valid documents, including, where relevant, identification documents, passports, visas and certificates of at-sea safety training;

Removed:Article 4 – paragraph 1 – point 5, Article 7c – paragraph 4: 4. The minimum technical requirements, performance standards, activities that should be covered under EMS and captured by the camera(s) and general recommendations for configurations of EMS equipment are provided in Annex VI. Vessels or groups of vessels with similar designs observing these minimum standards shall have a Vessel Monitoring Plan (VMP) based on the vessel’s design and specifications.

Added:(b) submit copies of the documents referred to in point (a) to the programme managers of the observer programme or service provider, as required.

Removed:Regulation (EU) 2021/56

Added:2. Member States shall ensure that observers deployed by their observer programmes or service providers on board Union fishing vessels ▌:

Removed:Article 4 – paragraph 1 – point 5, Article 7c – paragraph 8: 8. The VMP shall describe the configuration, components and installation of EMS equipment on each vessel, and this configuration shall be capable of collecting EMS records consistent with all relevant mandatory minimum standards and technical specifications in this document. The requisite contents of the Vessel Monitoring Plan are set out in Annex VIII. Member States may choose another format of a VMP as long as it contains the minimum requirements described in Annex VIII, paragraph 4.

Added:(a) maintain independence and impartiality at all times while on duty;

Removed:Regulation (EU) 2021/56

Added:(b) comply with the laws and regulations of the Member State whose flag the vessel is flying;

Removed:Article 4 – paragraph 1 – point 5, Article 7c – paragraph 12 – introductory part: 12. The masters of a Union fishing vessel with a VMP shall ensure that:

Added:(c) observe the hierarchy and general rules of behaviour that apply to the crew of the vessel;

Removed:Regulation (EU) 2021/56

Added:(d) perform duties in a manner that does not unduly interfere with the operations of the vessel and, while carrying out their functions, give due consideration to the operational requirements of the vessel and communicate regularly with the master of the vessel;

Removed:Article 4 – paragraph 1 – point 5, Article 7c – paragraph 13 – point b: (b) that the analysis of the EMS records in the synthesis of EM data is done by companies authorised by the Union, or by institutions or authorities in the Union, with the necessary training, knowledge, skills and abilities to ensure effective EM records analysis and EMS data generation; this includes sufficiently accurate species identification;

Added:(e) be familiar with the emergency procedures aboard the vessel, including the locations of life rafts, fire extinguishers, and first aid kits, and participate regularly in emergency drills for which the observer has received training;

Removed:Regulation (EU) 2021/56

Added:(f) communicate regularly with the vessel master on relevant observer issues and duties;

Removed:Article 4 – paragraph 1 – point 5, Article 7c – paragraph 15: 15. The EMS program description shall be submitted by the Commission to the IATTC Director before the EM program begins to submit data to the IATTC. Member States shall report any changes to their EMS domestic program to the Commission that shall inform the IATTC Secretariat whenever such changes occur.

Added:(g) refrain from actions that could negatively affect the image of the observer programme or service provider;

Removed:Regulation (EU) 2021/56

Added:(h) adhere to any required codes of conduct for observers, including any applicable laws, regulations and procedures;

Removed:Article 4 – paragraph 1 – point 5, Article 7c – paragraph 16: 16. Member States that decide to implement EMS to collect fisheries data for submission to IATTC shall report EMS data for each year collected in a manner consistent with the minimum standards set out in this Regulation to the IATTC Secretariat, consistent with data reporting deadlines or by the end of the following year using the formats and guidelines described in Annexes VI, VII and IX.

Added:(i) communicate as regularly as is required with the programme managers or observer programme coordinator on land;

Removed:Regulation (EU) 2021/56

Added:(j) comply with any SPRFMO CMMs the provisions of which are directly applicable to observers;

Removed:Article 4 – paragraph 1 – point 5, Article 7c – paragraph 17: 17. Member States that decide to implement EMS to collect fisheries data for submission to IATTC shall submit by 15 March of the following year a fleet-level summary of the VMPs to the Commission describing the implementation of their EM programme(s) in the previous year, including, at a minimum, the number of vessels implementing EMS by gear and fishery type; the range of EMS configurations implemented within the fleet; a general description of EMS requirements placed upon vessel masters and crews by the Member States; the percentage of coverage levels achieved by fishery and gear type; details on how those coverage levels were calculated; and, where appropriate, information on compliance monitoring. The Commission shall submit to the IATTC Secretariat the report on the implementation of EM programme(s) in the previous year by 30 March.

Added:(k) respect privacy in the master and crew areas of the vessel. ▌

Removed:Regulation (EU) 2021/56

Added:SECTION 3 Rights and duties of Union fishing vessel operators and masters

Removed:Article 4 – paragraph 1 – point 6, Article 10 – paragraph 4: 4. Longline vessels that catch sharks incidentally shall limit bycatch of silky sharks to a maximum of 20 % of the total catch by fishing trip in live weight. The multi-species fisheries using surface longlines shall limit the catch of silky sharks of less than 100 cm total length to 20% of the total number of silky sharks caught during the trip.

Added:Article 28r Rights of Union fishing vessel operators and masters

Removed:Regulation (EU) 2021/56

Added:Member States shall ensure that vessel operators and masters of Union fishing vessels flying their flag enjoy the following rights:

Removed:Article 4 – paragraph 1 – point 6, Article 10 – paragraph 7: 7. Member States shall notify the Commission, before 15 September of each year, the single period of restricted use of steel leaders referred to in paragraph 5 which shall be observed for the calendar year. The Commission shall, before 1 October of each year, notify the IATTC Secretariat accordingly.

Added:(a) to be consulted and either agree with, or otherwise propose alternatives regarding, the timing and placement of observers, when required to take on board one or more observers;

Removed:Regulation (EU) 2021/56

Added:(b) to conduct the vessel’s operations without undue interference linked to the observer’s presence or the performance of the observer’s duties;

Removed:Article 4 – paragraph 1 – point 6, Article 10 – paragraph 9: 9. Union fishing vessels shall not fish in silky shark pupping areas identified by the IATTC. The Member States shall make the information on those areas available for the operators of Union fishing vessels.

Added:(c) to assign, at their discretion, a crew member to accompany the observer when the observer is carrying out duties in hazardous areas;

Removed:Regulation (EU) 2021/56

Added:(d) to be notified in a timely manner by the observer programme or service provider upon completion of the observer’s trip of any comments of the observer regarding the vessel’s operations. The operator and master shall have the opportunity to review and comment on the observer’s report, and shall have the right to include additional information deemed relevant, and to make a personal statement.

Removed:Article 4 – paragraph 1 – point 7, Article 12 – paragraph 1 – introductory part: 1. Union fishing vessels shall promptly release sharks (whether alive or dead) caught that are not retained, unharmed to the extent practicable, as soon as they are seen on the line, entangled in the net or brailed on the deck, taking due consideration of the safety of any persons. / 1a. Purse seine vessels shall apply the following procedure to safeguard the safety of the persons involved in such an operation:

Added:Article 28s Duties of Union fishing vessel operators and masters

Removed:Regulation (EU) 2021/56

Added:Vessel operators and ▌ masters of fishing vessels shall respect the rights of observers set out in Article 28p and ▌ :

Removed:Article 4 – paragraph 1 – point 7, Article 12 – paragraph 1 – point b: (b) sharks brailed on deck shall be returned to the water as soon as possible, either utilizing a ramp from the deck connecting to an opening on the side of the vessel, or through escape hatches. If ramps or escape hatches are not available, the sharks shall be lowered with a sling or cargo net, using a crane or similar equipment; / (deleted)

Added:(a) accept on board the vessel one or more persons identified as observers by the observer programme or service provider when so required by their flag Member State;

Removed:Regulation (EU) 2021/56

Added:(b) ensure the vessel’s crew is properly briefed, and does not assault, harass, obstruct, resist, intimidate, influence, or interfere with the observer, or impede or delay the observer in the performance of his or her duties;

Removed:Article 4 – paragraph 1 – point 7, Article 12 – paragraph 1 – point c: (c) the use of gaffs, hooks, or similar instruments for the handling of sharks is prohibited;

Added:(c) install and maintain, as a complementary monitoring tool, ▌ functioning electronic monitoring systems or devices throughout the fishing trips selected for observation, if required under this Regulation;

Removed:Regulation (EU) 2021/56

Added:(d) ensure the observer has access to the catch before any sorting, grading or other separation of the components of the catch is made;

Removed:Article 4 – paragraph 1 – point 7, Article 12 – paragraph 1 – point d: (d) the lifting of sharks by the head, tail, gill slits, or spiracles, or by using bind wire against or inserted through the body is prohibited. The punching of holes through the bodies of sharks (e.g., to pass a cable through for lifting the shark) is prohibited;

Added:(e) ensure that vessels operating in the SPRFMO Convention Area include adequate space for the observer to conduct bycatch sampling or other sampling as needed, in a safe manner that limits interference with vessel operations, with a dedicated sample station and other equipment such as weighing scales;

Removed:Regulation (EU) 2021/56

Added:(f) maintain a safe and clean sampling station to be used by the observer;

Removed:Article 4 – paragraph 1 – point 7, Article 12 – paragraph 1 – point e: (e) the lifting of whale sharks (Rhincodon typus) onboard the vessel is prohibited as well as the towing of whale sharks out of a purse-seine net, e.g., using towing ropes.

Added:(g) refrain from altering the sampling station during an observed trip without prior consultation with the observer and subsequent notification to the flag Member State of the vessel;

Removed:Regulation (EU) 2021/56