What changed between the plenary report and the adopted text

Added:(a) immediately cease all fishing operations;

Removed:Regulation (EU) 2021/56

Added:(b) immediately commence search and rescue operations if the observer is missing or presumed fallen overboard, and carry out searches for at least 72 hours, unless the observer is found sooner, or unless instructed by their flag Member State to continue searching;

Removed:Article 4 – paragraph 1 – point 11 a (new), Article 27: (11a) Article 27 is replaced by the following: / ‘Article 27 / Confidentiality and data protection / 1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009. / 2. The collection, transfer, storage or other processing of any data pursuant to this Regulation shall be in accordance with Regulations (EU) 2016/679* and (EU) 2018/1725**. / 3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If personal data are retained for a longer period, the data shall be anonymised. / *Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). / **Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regula…

Added:(c) immediately notify their flag Member State;

Removed:Regulation (EU) 2021/56

Added:(d) immediately notify the Member State, Contracting Party or CNCP, or service provider under the observer programme of which the observer was deployed, if applicable;

Removed:Article 4 – paragraph 1 – point 12, Article 27a: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Added:(e) immediately alert other vessels in the vicinity by using all available means of communication;

Removed:This article is not necessary, considering new Article 12 that contains all provisions set in Annex 3 of Res C-24-05.

Added:(f) cooperate fully in any search and rescue operation;

Removed:Regulation (EU) 2021/56

Added:(g) irrespective of the search results, return for further investigation to the nearest port, as agreed by the flag Member State and the Contracting Party or CNCP, Member State observer programme or service provider under the observer programme of which the observer was deployed;

Removed:Article 4 – paragraph 1 – point 13, Article 28 – paragraph 1 – point p: (13) Article 28(1) is amended as follows: / (a) point (o) is replaced by the following: / “(o) the Annexes to this Regulation”. / (b) the following point is added: / “(p) the reference to Standard Questionnaire on Compliance with IATTC Resolutions set out in Article 26(1).”

Added:(h) provide a report on the incident to their flag Member State, which shall transmit it to the Commission, the observer providers and competent authorities, depending on the incident; and

Removed:Regulation (EU) 2021/56

Added:(i) cooperate fully in all official investigations, and preserve any potential evidence, as well as the personal effects and the quarters of the deceased or missing observers.

Removed:Article 4 – paragraph 1 – point 14, Annex: (14) In the title of the Annex to Regulation (EU) 2021/56 ‘Table 1: Mitigation measures’, the term ‘Annex’ is replaced by ‘Annex I’.

Added:2. Member States shall take and implement all steps, as a matter of due diligence, to prevent incidents causing serious harm or death to observers on board fishing vessels flying their flag, and to sanction or punish those involved, including through criminal investigation and prosecution. Member States shall cooperate with the Commission, other Member States, Contracting Parties and CNCPs to that end.’;

Removed:Regulation (EU) 2022/2056

Added:(16) in Title IV, the following Chapter is inserted before Article 29:

Removed:Article 5 – paragraph 1 – point 1, Article 14 – paragraph 1: 1. The Union longline vessels targeting tuna and billfish between 20° N and 20° S, shall not use wire trace as branch lines or wire leaders and shall be prohibited from using shark lines or branch lines running directly off of the longline floats or droplines, known as shark lines as depicted in Annex VI. Vessels carrying wire trace as branch lines or leaders shall keep them stowed.

Added:‘CHAPTER IVa Identification of fishing vessels and vessel monitoring system’;

Removed:Regulation (EU) 2022/2056

Added:(17) in Chapter IVa, the following article is inserted:

Removed:Article 5 – paragraph 1 – point 2, Article 15 – paragraph 5: 5. Oceanic whitetip shark specimens that are unintentionally caught and frozen as part of a purse seine vessel's operation, shall be surrendered by the fishing vessel to the competent authorities or discarded at the point of landing or transhipment. Oceanic whitetip shark surrendered in this manner may not be sold or bartered by the competent authorities but may be donated for the purpose of domestic human consumption.

Added:‘Article 29a Marking and identification of fishing vessels above 25 metres in length overall

Removed:Regulation (EU) 2022/2056

Added:1. In addition to the rules on the marking of fishing vessels laid down in Article 6 of Commission Implementing Regulation (EU) No 404/2011*, Member States shall require fishing vessels above 25 metres in length overall flying their flag to have their international radio call sign (IRCS) marked to meet the following technical specifications:

Removed:Article 5 – paragraph 1 – point 3, Article 17 – paragraph 6: 6. Silky shark specimens that are unintentionally caught and frozen as part of a purse seine vessel's operation, shall be surrendered by the fishing vessel to the competent authorities or discarded at the point of landing or transhipment. Silky shark surrendered in this manner may not be sold or bartered by the competent authorities but may be donated for purpose of domestic human consumption.

Added:(a) block lettering and numbering shall be used throughout;

Removed:Regulation (EU) 2022/2056

Added:(b) for the hull, superstructure and/or inclined surfaces, the height (h) of the letters and numbers shall be not less than 1,0 m;

Removed:Article 5 – paragraph 1 – point 3 a (new), Article 18 – paragraph 3 a (new): (3a) In Article 18, the following paragraph is added: / 3a. It shall be prohibited for all longline and purse seine vessels to catch, retain on board, tranship, store, land or offer for sale any cetacean (infraorder Cetacea) in whole or in part.

Added:(c) the length of the hyphen shall be half the height of the letters and numbers;

Removed:Regulation (EU) 2022/2056

Added:(d) the width of the stroke for all letters, numbers and the hyphen shall be h/6;

Removed:Article 5 – paragraph 1 – point 4 a (new), Article 37 – paragraph 1 – point d: (4a) In Article 37(1), point (d) is replaced by the following: / ‘(d) safe handling and release of cetaceans.’

Added:(e) spacing:

Removed:Regulation (EU) 2022/2056

Added:(i) the space between letters and/or numbers shall neither exceed h/4, nor be less than h/6;

Removed:Article 5 – paragraph 1 – point 4 b (new), Article 38 – paragraph 3 – points i a (new) and i b (new): (4b) In Article 38(3), the following points are added: / ‘(ia) the progress with the implementation of this Regulation with respect to the conservation of cetaceans, including information collected on interactions with cetaceans in fisheries managed under the Convention; / (ib) any by-catch of Pacific Bluefin Tuna (Thunnus orientalis).’

Added:(ii) the space between adjacent letters having sloping sides shall neither exceed h/8, nor be less than h/10;

Removed:CMM/2024/01 and CMM/2024/02

Added:(f) the background shall extend to provide a border around the mark of not less than h/6;

Removed:Regulation (EU) 2022/2343

Added:(g) an additional IRCS marking placed on a deck, which is any horizontal plane including the top of the wheelhouse, with the height of the marking not being less than 0,3m.

Removed:Article 6 – paragraph 1 – point 3, Article 5a – paragraph 1: 1. Member States may decide to prohibit their flag vessels from fishing for bigeye, yellowfin and skipjack tuna in the Area for a minimum period of 31 consecutive days. Vessels of less than 12 metres in overall length fishing inside the EEZ of a Member State may be excluded.

Added:_______________

Removed:Regulation (EU) 2022/2343

Added:* Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1 ELI: http://data.europa.eu/eli/reg_impl/2011/404/oj).’;

Removed:Article 6 – paragraph 1 – point 3, Article 5a – paragraph 2: 2. Member States which decide to implement the fishing closure shall communicate the period chosen for the fishing closure to the Commission no later than 15 December each year. The Commission shall send that information to the IOTC Secretariat no later than 31 December.

Added:(18) Article 31 is amended as follows:

Removed:Regulation (EU) 2022/2343

Added:(a) paragraph 1 is replaced by the following:

Removed:Article 6 – paragraph 1 – point 4, Article 8a – paragraph 1: 1. Only purse seine vessels and associated supply vessels are allowed to deploy drifting FADs (DFADs) and instrumented buoys.

Added:‘1. ▌Port Member States shall require third country fishing vessels intending to use their ports for any purposes to provide as a minimum, not later than three working days before the estimated time of arrival at the port, the information set out in Annex XI accompanied by the following:

Removed:Regulation (EU) 2022/2343

Added:(a) a copy of the fishing authorisation or, where appropriate, any other authorisation held by the fishing vessel to support operations on SPRFMO fishery products, or to tranship such fishery products;

Removed:Article 6 – paragraph 1 – point 4, Article 8a – paragraph 7: 7. Member States shall draw up a national management plan for the use of DFADs by their fishing vessels. The management plan shall follow the guidelines set out in Annex 2 - A.