What changed between the plenary report and the adopted text

Added:(9) Regulation (EU) 2021/56 of the European Parliament and of the Council implemented into Union law the provisions adopted by the Inter-American Tropical Tuna Commission (IATTC) applicable to the IATTC Convention area up to, and including at, its annual meeting in 2019.

Removed:Regulation (EU) 2017/2107

Added:(10) At its 2020, 2021, 2022, 2023 and 2024 annual meetings, the IATTC adopted measures for the conservation of fishery resources under its purview relating to fish aggregating devices (FADs), the activation of buoys, the reduction of FADs entanglement and the use of biodegradable materials, the reporting of catches on Pacific bluefin tuna, minimum vessel data requirements, changes in vessel monitoring systems, the introduction of electronic monitoring systems, including the collection of fisheries data, the protection of silky sharks, the safe release of sharks, the collection of data on shark species, and updates to compliance reports.

Removed:Article 1 – paragraph 1 – point 3, Article 33a – paragraph 6: 6. Union fishing vessels that are equal to or greater than 12 metres in length overall shall be allowed to retain South Atlantic shortfin mako only when the fish is dead on haulback, and the vessel has an observer or a functioning electronic monitoring system (EMS) on board to verify the condition of the sharks.

Added:▌

Removed:Regulation (EU) 2021/2107

Added:(11) Regulation (EU) 2022/2056 of the European Parliament and of the Council implemented into Union law conservation and management measures adopted by the Western and Central Pacific Fisheries Commission (WCPFC) and applicable to the WCPFC Convention area up to, and including at, its 2021 annual meeting.

Removed:Article 1 – paragraph 1 – point 3, Article 33a – paragraph 7: 7. In addition to the conditions mentioned in paragraph 6, for Union fishing vessels of less than 12 meters in length overall, no more than one specimen of South Atlantic shortfin mako shall be retained by a vessel for any fishing trip.

Added:(12) At its 2022, 2023 and 2024 annual meetings, the WCPFC adopted measures relating to bunkering services, the protection of sharks and the use of branch lines, wire leaders and shark lines by Union longline vessels with the prohibition of shark retention and a duty to release, as well as to surrender or discard, unintentionally caught oceanic whitetip and silky sharks, or cetacean specimens.

Removed:The following amendment will substitute amendment 6.

Added:▌

Removed:Regulation (EU) 2017/2107

Added:(13) Regulation (EU) 2022/2343 of the European Parliament and of the Council implemented into Union law management, conservation and control measures adopted by the Indian Ocean Tuna Commission (IOTC) and applicable in the IOTC area of competence up to, and including at, its annual meeting in 2021.

Removed:Article 1 – paragraph 1 – point 4, Article 35a – paragraph 1: 1. It shall be prohibited to retain onboard, tranship, land or store any part or whole carcass of species of reef manta ray (Manta alfredi), giant manta (Manta birostris), lesser devil ray (Mobula hypostoma), spinetail mobula (Mobula japanica), devil fish (Mobula mobular), chilean devil ray (Mobula tarapacana) or smoothtail mobula (Mobula thurstoni), hereafter referred to as mobulid rays and caught in association with ICCAT fisheries.

Added:(14) The IOTC subsequently adopted, at its 2022, 2023 and 2024 annual meetings and 6th special session, measures for the conservation of fishery resources under its purview as regards the management of anchored and drifting fish aggregating devices, voluntary fishery closure, transhipments, conservation measures for cetaceans and seabirds, regional observer schemes, vessel monitoring plans, electronic monitoring standards and port inspections.

Removed:Regulation (EU) 2017/2107

Added:(15) IOTC resolution 24/06 implemented a ban on discards of bigeye tuna, skipjack tuna, yellowfin tuna, and non-targeted species caught by vessels listed in the IOTC record of authorisation that operate in the IOTC area of competence. Union fishing vessels using gear types other than those used by purse seine vessels were encouraged to retain on board and then land all fish fit for human consumption, and to take all reasonable steps to ensure the safe release of non-targeted species taken alive, to the extent possible, while taking into consideration the safety of the crew; and to retain on board and then land all dead non-targeted species, except those considered unfit for human consumption or those the retention of which is prohibited.

Removed:Article 1 – paragraph 1 – point 4, Article 35a – paragraph 3: 3. Member States shall ensure that their domestic observer programmes record the number of discards and releases of mobulid rays caught in ICCAT fisheries and, where possible, an indication of status (dead or alive). Member States shall report them to the Commission. The Commission shall report these data to the ICCAT secretariat.

Added:(16) Those measures, stemming from ICCAT, the SPRFMO, NAFO, the IATTC, the WCPFC and the IOTC, are binding on the Union. They should therefore be implemented into Union law, except where such measures are already fully addressed and covered by existing Union legislation. Regulations (EU) 2017/2107, (EU) 2018/975, (EU) 2019/833, (EU) 2021/56, (EU) 2022/2056, (EU) 2022/2343 and (EU) 2023/2053 should therefore be amended accordingly.

Removed:Regulation (EU) 2017/2107

Added:(17) It is necessary to ensure that the recommendations adopted by the various regional fisheries management organisations (RFMOs) are fully implemented into Union law in a timely manner, thereby enabling the Union to fulfil its international obligations as a reliable international partner, and to ensure their uniform and effective implementation within the Union, providing clarity and predictability to operators of Union fishing vessels.

Removed:Article 1 – paragraph 1 – point 4, Article 35a – paragraph 4: 4. In the case of mobulid rays that are unintentionally caught and frozen as part of a purse seine vessel’s operation, Union catching vessels shall surrender the whole mobulid ray to the competent authorities, or discard them at the point of landing. Mobulid rays surrendered in this manner may not be sold or bartered but may be donated for purposes of domestic human consumption.

Added:(18) It is imperative for the Union to consider carefully the need to balance the three pillars of sustainability when negotiating international agreements such as conservation and management measures adopted by RFMOs. Such measures are to be based on the best available scientific advice and comply with Article 2 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council.

Removed:Regulation (EU) 2017/2107

Added:(19) Certain SPRFMO, NAFO, IATTC, IOTC and ICCAT provisions are being amended more frequently, and are likely to be amended at future annual meetings of those RFMOs. In order to implement swiftly into Union law such future amendments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission as follows: (i) with regard to SPRFMO, to amend Regulation (EU) 2018/975 in respect of time limits, distance to the encounter area, distances relating to transhipment notification, data and information requirements, and the provision of record of vessel information; (ii) with regard to NAFO, to amend Regulation (EU) 2019/833 in respect of measures relating to Member State duties relating to the submission of information on changes in by-catch retained, closure periods, observer qualifications, duties and training, observer data validations, observer safety equipment, rights and duties of Union vessel operators and masters, and procedures in the event of an emergency; (iii) with regard to conservation and enforcement measures adopted by NAFO, to amend Regulation (EU) 2019/833 in respect of closure periods, catch retention on board, duties of the master relating to abandoned gear, its retrieval, derogations from the observer programme, and reference to the vessel sighting document to be used by Member States; (iv) with regard to the IATTC, to amend Regulation (EU) 2021/56 in respect of measures relating to IATTC references to guidelines for the safe release of sharks, and the standard questionnaire on compliance to be filled in by Member States; (v) with regard to the IOTC, to amend Regulation (EU) 2022/2343 in respect of measures relating to IOTC FADs reporting obligations; and (vi) with regard to ICCAT, to amend Regulation (EU) 2023/2053 in respect of deadlines for reporting information, time periods for fishing seasons, percentage and reference points, and the information to be submitted to the Commission.

Removed:Article 1 – paragraph 1 – point 5, Article 41 – paragraph 7: (a) paragraphs 2a, 4 and 5 shall not apply to vessels operating only North of 55°N or South of 35°S latitude in the eastern South Atlantic and South of 40°S latitude in the western South Atlantic; / (b) the limit for the division between the eastern South Atlantic and the western South Atlantic is 20°W.

Added:(20) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Removed:Regulation (EU) 2017/2107

Added:(21) It should be clarified that data processed in the framework of the Regulations amended by this Regulation are to be treated in accordance with the relevant rules on the protection of personal data and confidentiality as referred to in Articles 112 and 113 of Council Regulation (EC) No 1224/2009. In order to ensure the fulfilment of obligations under Regulations (EU) 2017/2107, (EU) 2018/975, (EU) 2019/833, (EU) 2021/56, (EU) 2022/2056, (EU) 2022/2343, and (EU) 2023/2053, as amended, the personal data should be stored for a period of up to 10 years. In the event that the personal data in question are needed in order to follow up an infringement, inspections or judicial or administrative procedures, it should be possible for those data to be stored for a period exceeding 10 years, but no longer than 20 years.

Removed:Article 1 – paragraph 1 – point 6, Article 66a – paragraph 3: 3. When a vessel is sighted pursuant to paragraph 1, the Member State concerned or the European Fisheries Control Agency (EFCA) (the ‘sighting entity’) shall record findings and transmit a report without delay, if possible by electronic means, to the appropriate authorities of the flag Member State or CPC or flag non-CPC of the sighted vessel, with copy to the ICCAT secretariat, the Commission and, when appropriate, EFCA. If the sighted vessel is flagged to a Member State, the flag Member State shall, without undue delay, take appropriate action with respect to the vessel concerned; both the sighting entity and the flag Member State of the sighted vessel shall provide information on the sighting to the Commission and, when appropriate, EFCA, including details of any follow-up action taken.

Added:HAVE ADOPTED THIS REGULATION:

Change 2

Changed:Article 1 Amendments to Regulation (EU) 2017/2107

Change 3

Removed:Article 1 – paragraph 1 – point 6 a (new), Article 72: (6a) Article 72 is replaced by the following: / “Article 72 / 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** of the European Parliament and of the Council. / 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 fre…

Added:Regulation (EU) 2017/2107 is amended as follows:

Removed:Regulation (EU) 2018/975

Added:(1) in Title II, the title of Chapter V is replaced by the following: ‘Elasmobranchs’;

Removed:Article 2 – paragraph 1 – point 1 – point a, Article 4 – point 7: (a) point (7) is replaced by the following: / (7) ‘bottom fishing’ means fishing using any gear type likely to come in contact with the seafloor or benthic organisms during the normal course of operations including bottom trawl fishing, mid-water trawl fishing and bottom line fishing;

Added:(2) the following article is inserted:

Removed:Regulation (EU) 2018/975

Added:‘Article 30a Whale sharks (Rhincodon typus)

Removed:Article 2 – paragraph 1 – point 1 – point b, Article 4 – points 7a, 7b and 7c: (7a) ‘bottom trawl fishing’ means fishing using a trawl net that is designed to be pulled through the water and to come into contact with the seabed; / (7b) ‘mid-water trawl fishing’ means fishing for bentho-pelagic species using a trawl net that is designed to be pulled through the water near the seabed and designed not to come into extended contact with the seabed; / (7c) ‘bottom line fishing” means fishing using a line to which a hook or hooks (whether baited or not) are attached and rigged to sink and fish on or near the seabed including, but not limited to, longlines, hand lines, drop lines, trot lines, and dahn lines;

Added:1. It shall be prohibited to:

Removed:Regulation (EU) 2018/975

Added:(a) retain on board, tranship, or land, any part or whole of the carcass of whale sharks caught in association with ICCAT fisheries;

Removed:Article 2 – paragraph 1 – point 1 – point c, Article 4 – point 11 – point a: (a) has not been subject to fishing in the previous 10 years, and where such fishing was limited to targeted fisheries authorised by the SPRFMO Commission on the basis of advice from the SPRFMO Scientific Committee, and the target species was defined as the largest percentage in live weight of the total catch in any given haul, tow or set; or

Added:(b) set a purse seine on a school of tuna associated with a whale shark after sighting of the shark concerned.

Removed:Regulation (EU) 2018/975

Added:2. Masters of Union fishing vessels shall take all reasonable steps to ensure the safe release of whale sharks that are incidentally encircled in the purse seine net ▌ .

Removed:Article 2 – paragraph 1 – point 1 – point c, Article 4 – point 11 – point b: (b) for the purposes of fishing with a particular gear type or technique, has not been subject to fishing by that particular gear type or technique in the previous 10 years, and where such fishing was limited to targeted fisheries authorised by the SPRFMO Commission on the basis of advice from the SPRFMO Scientific Committee, and the target species was defined as the largest percentage in live weight of the total catch in any given haul, tow or set; or

Added:3. Member States shall ensure that ▌ during purse seine operations ▌ their domestic observer programmes record interactions with whale sharks referred to in paragraphs 1 and 2, and that the following information is collected:

Removed:Regulation (EU) 2018/975

Added:(a) details of the circumstances leading to and relating to encirclement;

Removed:Article 2 – paragraph 1 – point 1 – point c, Article 4 – point 11 – point d: (d) constitutes bottom fishing activities in accordance with the conditions laid down in Article 12(2); or

Added:(b) the number of individuals involved during the interaction;

Removed:Regulation (EU) 2018/975

Added:(c) the geographical position of the interaction;

Removed:Article 2 – paragraph 1 – point 1 – point d, Article 4 – point 20: (20) ‘SPRFMO register of authorised inspection vessels and authorities of the inspection vessel’ means the list of inspection vessels and authorities authorised to conduct boarding and inspection in the SPRFMO Convention Area, as notified by the Commission or EFCA, Contracting Parties and CNCPs, which is maintained by the SPRFMO Secretariat. Member States shall communicate to the Commission or EFCA their inspection vessels and authorities authorised to board an inspect in the SPRFMO Convention Area;

Added:(d) the steps taken to ensure the safe handling and release of the specimens encircled in the purse seine;

Removed:The following amendment will substitute amendment 18.

Added:(e) an assessment of the life status of the whale shark specimen(s) upon release (alive/dead/moribund/uncertain).