What changed between the plenary report and the adopted text

Added:(b) the crew list of the fishing vessel;

Removed:Regulation (EU) 2022/2343

Added:(c) the dates of the fishing trip.’;

Removed:Article 6 – paragraph 1 – point 4, Article 8a – paragraph 8: 8. Member States shall, without delay, submit to the Commission the management plan referred to in paragraph 7, as well as any subsequent amendments to the plan. The Commission shall forward the Member States management plans to the IOTC Secretariat, no later than 75 days before the IOTC annual meeting, as well as subsequent amendments to those plans.

Added:(b) the following paragraph is inserted:

Removed:Regulation (EU) 2022/2343

Added:‘1a. Port Member States shall promptly inform the Commission of any request received pursuant to paragraph 1 to use their ports, which shall forward that information to the SPRFMO Secretariat.’;

Removed:Article 6 – paragraph 1 – point 5, Article 8b – paragraph 2 – point a: (a) as of 1 January 2026, no longer deploy any DFADs of category V and only use DFADs of biodegradability categories I, II III, and IV as defined in Annex 3b;

Added:(19) in Article 33, the following paragraphs are added:

Removed:Regulation (EU) 2022/2343

Added:‘3. Notwithstanding Article 4(2) of Regulation (EC) No 1005/2008, Member States may allow the entry into their ports of a fishing vessel exclusively for the purpose of inspecting it and for taking other appropriate actions in conformity with international law aimed at preventing, deterring, and eliminating IUU fishing and fishing-related activities in support of such fishing.

Removed:Article 6 – paragraph 1 – point 5, Article 8b – paragraph 2 – point b: (b) as of 1 January 2027, use only DFADs of categories I and II, as defined in Annex 3b; and

Added:4. Where a vessel referred to in paragraph 3 is in port for any reason, the port Member State shall deny such vessel the use of its port for the landing, transhipping, packaging, or processing of fish, and for other port services including, inter alia, bunkering, maintenance and dry-docking.’;

Removed:Regulation (EU) 2022/2343

Added:(20) in Article 35, paragraph 2 is replaced by the following:

Removed:Article 6 – paragraph 1 – point 5, Article 8b – paragraph 2 – point c: (c) as of 1 January 2029, use only DFADs of category I, as defined in Annex 3b.

Added:‘2. The competent authorities of the port Member State shall forward a copy of the inspection report and the evidence collected during the inspection to the Commission, or the body designated by it, as soon as possible and in any event within five working days of completion of the inspection, and, to the extent practicable, ensure the safekeeping of the evidence. The Commission, or the body designated by it, shall transmit the inspection report and any evidence to the SPRFMO Secretariat and to the flag Contracting Party or CNCP point of contact without delay.’;

Removed:Regulation (EU) 2022/2343

Added:(21) in Title IV, the following Chapters are inserted:

Removed:Article 6 – paragraph 1 – point 5, Article 8b – paragraph 4: 4. Once established the IOTC DFAD identifier process and not before 1 January 2026, DFADs shall be permanently marked with a specific IOTC DFAD unique identifier as provided by the IOTC secretariat. The marking shall be separate from the marking of the instrumented buoy.

Added:‘CHAPTER Va High seas boarding and inspection

Removed:Regulation (EU) 2022/2343

Added:Article 35a General principles

Removed:Article 6 – paragraph 1 – point 6, Article 8c – paragraph 2: 2. Union fishing vessels shall annually submit the number of instrumented buoys assigned to them by the end of each calendar year, including instrumented buoys which have been lost, or abandoned and/or discarded by 1° by 1° grid area and month strata and DFAD type to their flag Member State. The Member State shall stratify the information by fleet, year, month and 1° by 1° grid, and express it as the average daily number of active instrumented buoys in each stratum. Member States shall send that information to the Commission in accordance with Article 51(2).

Added:1. Union fishing vessels operating in the SPRFMO Convention Area shall accept boarding and inspection conducted by authorised inspection vessels flying the SPRFMO inspection flag and pennant set out in Annex XX and authorised inspectors of SPRFMO Contracting Parties.

Removed:Regulation (EU) 2022/2343

Added:2. The Commission, or the body designated by it, may notify the SPRFMO Commission that the high seas boarding and inspection provisions of the SPRFMO shall apply in their entirety, mutatis mutandis, as between the Union and a fishing entity.

Removed:Article 6 – paragraph 1 – point 6, Article 8c – paragraph 3: 3. Until the Commission notifies the Member States of the entry into force of the IOTC DFAD register, Member States shall ensure that their flagged vessels record in the appropriate logbook the date, time and geographical coordinates (decimal degrees) of deployment for each instrumented buoy, associated with its instrumented buoy unique reference number.

Added:3. The Commission, or the body designated by it, shall notify Member States of the authorised inspection vessels and authorities of the inspection vessels included on the SPRFMO register of authorised inspection vessels and authorities of the inspection vessels, and any updates thereto.

Removed:Regulation (EU) 2022/2343

Added:4. Member States shall notify the information under paragraph 3 to the fishing vessels flying their flag and operating in the SPRFMO Convention Area.

Removed:Article 6 – paragraph 1 – point 6, Article 8c – paragraph 4 – introductory part: 4. Once the IOTC DFAD identifier process is established, the Commission notifies the Member States of the entry into force of the IOTC DFAD register, buoy owners shall insert the following information concerning the deployment of instrumented buoys.

Added:Article 35b High seas boarding and inspection procedure aboard Union fishing vessels

Removed:Regulation (EU) 2022/2343

Added:1. During the conduct of a boarding and inspection, the masters of Union fishing vessels shall:

Removed:Article 6 – paragraph 1 – point 6, Article 8c – paragraph 4 – point a: (a) unique instrumented buoy reference number that allows the identification of its buoy owner;

Added:(a) accept and facilitate prompt and safe boarding by the authorised inspectors;

Removed:Regulation (EU) 2022/2343

Added:(b) follow internationally accepted principles of good seamanship so as to avoid risks to the safety of authorised inspection vessels and authorised inspectors;

Removed:Article 6 – paragraph 1 – point 6, Article 8c – paragraph 5: 5. Member States shall include buoys deployed before the entry into force of the DFAD Register and still active on 1 January 2026 or on the date immediately before the DFAD Register enters into force.

Added:(c) cooperate with, and assist in, the inspection of the vessel;

Removed:Regulation (EU) 2022/2343

Added:(d) refrain from assaulting, resisting, intimidating, interfering with, or unduly obstructing or delaying the authorised inspectors in the performance of their duties;

Removed:Article 6 – paragraph 1 – point 6, Article 8c – paragraph 6: 6. The buoy owner shall notify, through the DFAD Register and within 24 hours of activation, the IOTC Secretariat and its flag Member State when an instrumented buoy is activated, together with the IOTC DFAD unique identifier as provided by the IOTC secretariat.

Added:(e) allow the authorised inspectors to communicate with the crew of the authorised inspection vessel, the authorities of the inspection vessel, any embarked observers, as well as with the crew and the flag Member State of the Union fishing vessel being inspected;

Removed:Regulation (EU) 2022/2343

Added:(f) provide the authorised inspectors onboard with reasonable facilities, including, where appropriate, food and accommodation; and

Removed:Article 6 – paragraph 1 – point 6, Article 8c – paragraph 10: 10. Member States may submit a motivated request for access to the information listed in paragraph 4(c), (d) and (j) pertaining to DFADs deployed by other Member States or CPC to the Commission.

Added:(g) facilitate safe disembarkation by the authorised inspectors.

Removed:Regulation (EU) 2022/2343

Added:2. If the master of a Union fishing vessel refuses to allow an authorised inspector to conduct a boarding and inspection, such master shall provide an explanation of the reason for such refusal.

Removed:Article 6 – paragraph 1 – point 6, Article 8c – paragraph 11: 11. In case another Member State or CPC requests access to the information listed in paragraph 4(c), (d) and (j) pertaining to DFADs deployed by a Member State, the Commission shall forward this request to the Member State concerned. In the event that another CPC requests the information, the Commission shall forward the request only after asking the requesting CPC for the reasons for the request. The Member State concerned shall provide to the Commission within 20 days its consent to provide the information in paragraph 4(j) or its motivated refusal.

Added:3. The flag Member State shall direct the master to accept boarding and inspection except in those cases where relevant international measures, procedures, and practices relating to safety at sea make it necessary to delay the boarding and inspection. If the master does not comply with such direction, the flag Member State shall suspend the vessel’s authorisation to fish and order the vessel to return immediately to port.

Removed:Regulation (EU) 2022/2343

Added:4. The flag Member State shall immediately notify the Commission, or the body designated by it, of the action it has taken in the circumstances referred to in paragraph 3. The Commission, or the body designated by it, shall send that information to the authorities of the inspection vessel and the SPRFMO Commission without delay. ▌

Removed:Article 6 – paragraph 1 – point 7, Article 9 – paragraph 1: 1. Union fishing vessels shall record fishing activities in association with anchored FADs (AFADs) using the specific data elements set out in Annex 3. Member States shall send that information to the Commission in accordance with Article 51(2).

Added:Article 35c Serious infringements

Removed:Regulation (EU) 2022/2343

Added:1. For the purposes of this Regulation, a serious infringement shall include any of the following infringements of this Regulation or of the SPRFMO Convention ▌ :

Removed:Article 6 – paragraph 1 – point 7, Article 9 – paragraph 2: 2. Member States shall draw up a national management plan for the use of AFADs by their fishing vessels. The management plan shall follow the guidelines set out in Annex 2 - B.