What changed between the plenary report and the adopted text

Added:(a) fishing without a valid authorisation issued by the flag Member State;

Removed:Regulation (EU) 2022/2343

Added:(b) significant failure to maintain records of catch and catch-related data in accordance with the reporting requirements, or significant misreporting of such catch and/or catch-related data;

Removed:Article 6 – paragraph 1 – point 7, Article 9 – paragraph 4: 4. Member States shall undertake sea inspections to ensure that the AFADs deployed are marked and constructed in accordance with Article 9a.

Added:(c) fishing in a closed area;

Removed:Regulation (EU) 2022/2343

Added:(d) fishing during a closed season;

Removed:Article 6 – paragraph 1 – point 7, Article 9 – paragraph 5 – subparagraph 1 – introductory part: Member States shall report to the Commission when a new AFAD is deployed in Union waters, within 15 days of the deployment, with the following information:

Added:(e) intentional taking or retention of species in contravention of this Regulation or the SPRFMO Convention ▌ ;

Removed:Regulation (EU) 2022/2343

Added:(f) significant infringement of catch limits or quotas in force;

Removed:Article 6 – paragraph 1 – point 7, Article 9 – paragraph 5 – subparagraph 1 – point c: (c) Unique National Identification number, referred to in paragraph 3.

Added:(g) using prohibited fishing gear;

Removed:Regulation (EU) 2022/2343

Added:(h) falsifying or intentionally concealing the markings, identity or registration of a fishing vessel;

Removed:Article 6 – paragraph 1 – point 7, Article 9 – paragraph 6: 6. No later than 75 days before the IOTC annual meeting, Member States shall submit a progress report on the implementation of the management plan for the use of AFADs, and, if necessary, a review of the initially submitted management plan. The progress report shall include a register of deployed, lost, abandoned, and discarded AFADs and the number and outcome of inspections referred in paragraph 3.

Added:(i) concealing, tampering with, or disposing of evidence relating to, the investigation of an infringement;

Removed:Regulation (EU) 2022/2343

Added:(j) multiple infringements which, taken together, constitute a serious disregard of this Regulation or of the SPRFMO Convention ▌ ;

Removed:Article 6 – paragraph 1 – point 8, Article 9a – paragraph 3: 3. Member States and Union fishing vessels shall ensure that the nature and profile of the sea bottom is taken into account when choosing a site for deploying or replacing deployed AFADs. Where possible, sites with steep slopes shall be avoided, in order to minimise the risk of loss.

Added:(k) refusal to accept a boarding and inspection, provided this refusal is not covered by the situation described in Article 35b(2) and (3);

Removed:Regulation (EU) 2022/2343

Added:(l) assaulting, resisting, intimidating, sexually harassing, interfering with, or unduly obstructing or delaying an authorised inspector or observer; or

Removed:Article 6 – paragraph 1 – point 11, Article 22 – paragraph 1: 1. Union fishing vessels shall use mitigation measures to reduce the levels of seabird bycatch across all fishing areas, seasons and fisheries. In the area south of 25 degrees South latitude, all longline vessels shall use at least two of the three mitigation measures set out in Annex 4 or, alternatively, use only hook-shielding devices, and shall comply with the minimum standards for those measures. The design and deployment of bird scaring lines shall comply with the additional specifications set out in Annex 5.

Added:(m) intentionally tampering with or disabling the vessel monitoring system.

Removed:Regulation (EU) 2022/2343

Added:2. Upon receipt of a notification of an alleged serious infringement, the flag Member State of the Union fishing vessel shall without delay:

Removed:Article 6 – paragraph 1 – point 12, Article 30 – paragraph 4: 4. Provided that the minimum mandatory Regional Observer Scheme data reporting standards20 are met, Member States may complement or substitute the minimum human observer coverage provided for in paragraph 1 by means of an electronic monitoring system (EMS). EMS shall be complemented by port sampling and/or another data collection methods approved by the IOTC when required.

Added:(a) investigate and, if the evidence warrants, take enforcement action against the vessel in question and notify the Commission, or the body designated by it, accordingly; the Commission or the body designated by it shall notify the authorities of the inspection vessel and the SPRFMO Secretariat; or

Removed:Regulation (EU) 2022/2343

Added:(b) authorise the authorities of the inspection vessel to undertake the investigation of the alleged serious infringement and to notify the Commission, or the body designated by it, accordingly; the Commission or the body designated by it shall notify the SPRFMO Secretariat.

Removed:Article 6 – paragraph 1 – point 12, Article 30 – paragraph 5: 5. Member States who choose to implement EMS to partially or fully meet the minimum coverage set out in paragraph 1 shall ensure that their national electronic monitoring programme, their electronic monitoring system and data standards follow the requirements set out in Annex 11 for the purpose of IOTC’s Regional Electronic Monitoring Program (REMP).

Added:3. ▌Flag Member States shall regard any interference with the carrying out of the duties of an observer, an authorised inspector or an authorised inspection vessel by fishing vessels flying their flag, or by the operators, masters or crew of such vessels, in the same manner as any such interference occurring within their exclusive jurisdiction.

Removed:Regulation (EU) 2022/2343

Added:CHAPTER Vb Marine pollution and retrieval of abandoned, lost or otherwise discarded fishing gear

Removed:Article 6 – paragraph 1 – point 12, Article 30 – paragraph 6 – point a: (a) ensure that a Vessel Monitoring Plan (VMP) as set out in part 3 of Annex 11 is developed for each vessel equipped with EM equipment and delivered to the Member State’s competent authorities.

Added:Article 35d Marine pollution

Removed:Regulation (EU) 2022/2343

Added:1. ▌Fishing vessels shall be prohibited from discharging into the sea all plastics, including synthetic ropes, synthetic fishing nets, plastic refuse bags and incinerator ashes from plastic products.

Removed:Article 6 – paragraph 1 – point 12, Article 30 – paragraph 6 – point b: (b) ensure that EM equipment is installed in those vessels in accordance with the VMP to collect the required data and to comply with the coverage objectives agreed by the Commission.

Added:2. ▌Fishing vessels shall store all plastics on board the vessel until they can be discharged at adequate port reception facilities ▌

Removed:Regulation (EU) 2022/2343

Added:3. Paragraphs 1 and 2 shall not apply to the discharge of plastics from a fishing vessel necessary for the purpose of securing the safety of a ship and those on board or saving life at sea or to the accidental loss of plastics, synthetic ropes or fishing nets from a fishing vessel, provided that all reasonable precautions have been taken to prevent such loss.

Removed:Article 6 – paragraph 1 – point 12, Article 30 – paragraph 6 – point e: (e) document the roles and responsibilities of competent authorities and vessel owners and crew with respect to inter alia installing and maintaining equipment, routine cleaning of cameras, sending storage devices, access to EM records and EM data, responses to mechanical or technical failure of EMS.

Added:Article 35e Retrieval of abandoned, lost or otherwise discarded fishing gear

Removed:Regulation (EU) 2022/2343

Added:1. Masters of fishing vessels shall ensure that:

Removed:Article 6 – paragraph 1 – point 13, Article 31 – paragraph 1a: 1a. When carrying out their duties, observers shall use the IOTC Regional Observer Scheme Minimum Standard Data Fields, the IOTC data collection forms, the IOTC Species identification cards, the IOTC Observer Manual and the IOTC Observer Forms as provided by the Commission21 .

Added:(a) ▌ all reasonable efforts are made to combat, minimise and eliminate abandoned, lost or otherwise discarded fishing gear linked to their vessels;

Removed:Regulation (EU) 2022/2343

Added:(b) ▌ fishing gear linked to their vessel is not deliberately discarded or abandoned, except for safety reasons, particularly ▌ in a situation of distress or danger to life;

Removed:Article 6 – paragraph 1 – point 13, Article 31 – paragraph 1b: 1b. Observers deployed on purse seine vessels shall collect detailed information on the DFAD design used and its conformity with the requirements set out in Annex 3a prior to the deployment of each DFAD.

Added:(c) as soon as possible, every reasonable attempt to retrieve lost fishing gear is made before abandoning it ▌ ;

Removed:Regulation (EU) 2022/2343

Added:(d) there is, where possible, equipment on board▌ to retrieve any abandoned, lost or otherwise discarded fishing gear linked to the vessel;

Removed:Article 6 – paragraph 1 – point 14, Article 33 – paragraph 4 – point a: (a) by 15 June each year, the vessel monitoring plan for each vessel using EMS, outlining the EMS setup on each vessel, following the guidelines set out in Annex 11.

Added:(e) when abandoned, lost or otherwise discarded fishing gear of that vessel cannot be retrieved, the ▌ flag Member State is notified within 48 hours of the following ▌ :

Removed:Regulation (EU) 2022/2343

Added:(i) the name, IMO number and call sign of the vessel;

Removed:Article 6 – paragraph 1 – point 18, Article 51 – paragraph 5: 5. Member States shall submit to the Commission 75 days before the annual meeting of the IOTC information for the preceding calendar year, containing the information on actions taken to implement their reporting obligations for all IOTC fisheries, including shark species caught in association with IOTC fisheries, in particular the steps taken to improve their data collection for direct and incidental catches, and implementation of biodegradable DFADs as provided in Article 8b. The Commission shall compile the information in a Union implementation report and submit it to the IOTC Secretariat no later than 60 days before the annual meeting of the IOTC.