What changed between the plenary report and the adopted text

Removed:Regulation (EU) 2018/975

Added:4. Member States shall report ▌ to the Commission, in accordance with ICCAT data reporting requirements, the data and information collected under paragraph 3 in their annual reports. The Commission shall report those data to the ICCAT Secretariat.

Removed:Article 2 – paragraph 1 – point 1 – point d, Article 4 – point 21: (21) ‘authorities of the inspection vessel’ means the authorities of the SPRFMO Contracting Party or Member State under whose flag the inspection vessel is flying;

Added:5. Paragraphs 1 to 4 shall apply exclusively to fishing vessels operating between 40°N and 40°S.’;

Removed:Regulation (EU) 2018/975

Added:(3) in Article 33a, the following paragraphs are added:

Removed:Article 2 – paragraph 1 – point 1 – point d, Article 4 – point 25: (25) ‘lost fishing gear’ means fishing gear over which the vessel has accidentally lost control and which cannot be located and/or retrieved;

Added:‘6. Union fishing vessels that are greater than 12 metres in length overall ▌ shall be allowed to retain South Atlantic shortfin mako sharks only when the fish is dead on haul-back, and the vessel has an observer or a functioning electronic monitoring system (EMS) on board to verify the condition of the sharks.

Removed:Regulation (EU) 2018/975

Added:7. In addition to the conditions set out in paragraph 6, for Union fishing vessels equal to or less than 12 metres in length overall, no more than one specimen of South Atlantic shortfin mako shark shall be retained by a vessel for any fishing trip.’;

Removed:Article 2 – paragraph 1 – point 1 – point d, Article 4 – point 26: (26) ‘discarded fishing gear’ means fishing gear released at sea without any attempt by the vessel to control or recover it; and

Added:(4) the following article is inserted:

Removed:Regulation (EU) 2018/975

Added:‘Article 35a Mobulid rays

Removed:Article 2 – paragraph 1 – point 2 – point a, Article 7 – paragraph 1c: 1c. For the first 15-day report to be submitted, Member States shall report their catches to the Commission within 15 days of the end of the first period. The Commission shall transmit that information to the SPRFMO Secretariat within 20 days of the end of that period. For the subsequent 15-day periods, the Member States shall report their catches to the Commission within 5 days of the end of each period. The Commission shall transmit that information to the SPRFMO Secretariat within 10 days of the end of each period.

Added: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, caught in association with ICCAT fisheries ▌ .

Removed:Regulation (EU) 2018/975

Added:2. Union catching vessels shall promptly release unharmed, to the extent practicable, mobulid rays as soon as they are seen in the net, on the hook or on the vessel, in a manner that will result in the least possible harm to the individual specimen.

Removed:Article 2 – paragraph 1 – point 3, Article 12 – paragraph 1 – point a: (a) bottom trawl fishing may only take place in a bottom trawl fishing management area;

Added: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 their status (dead or alive). Member States shall report that information to the Commission. The Commission shall report those data to the ICCAT secretariat.

Removed:Regulation (EU) 2018/975

Added: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 it at the point of landing. Mobulid rays so surrendered shall not be sold or bartered, but may be donated for purposes of domestic human consumption.’;

Removed:Article 2 – paragraph 1 – point 3, Article 12 – paragraph 1 – point b: (b) mid-water trawl fishing may only take place in a mid-water trawl fishing management area or a bottom trawl fishing management area; and

Added:(5) in Article 41, the following paragraph is added:

Removed:Regulation (EU) 2018/975

Added:‘7. In the South Atlantic:

Removed:Article 2 – paragraph 1 – point 3, Article 12 – paragraph 1 – point c: (c) bottom line fishing may only take place in a bottom line fishing management area.

Added:(a) paragraphs 2a, 4 and 5 shall neither apply to vessels operating only North of 55°N or only South of 35°S latitude in the eastern South Atlantic, nor to vessels operating only South of 40° S latitude in the western South Atlantic;

Removed:Regulation (EU) 2018/975

Added:(b) the limit for the division between the eastern South Atlantic and the western South Atlantic is 20°W.’;

Removed:Article 2 – paragraph 1 – point 3, Article 12 – paragraph 2 – point b: (b) inside a management area using bottom fishing methods other than bottom trawl fishing, mid-water trawl fishing or bottom line fishing; or

Added:(6) in Article 66a, paragraph 3 is replaced by the following:

Removed:Regulation (EU) 2018/975

Added:‘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 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 EFCA, including details of any follow-up action taken.’;

Removed:Article 2 – paragraph 1 – point 3, Article 12 – paragraph 2 – point d: (d) inside a management area where the species targeted has not previously been targeted, unless the species has regularly been caught as part of an existing fishery.

Added:(7) Article 72 is replaced by the following:

Removed:Regulation (EU) 2018/975

Added:‘Article 72 Confidentiality and data protection

Removed:Article 2 – paragraph 1 – point 3, Article 13 – paragraph 5: 5. Member States shall ensure that impact assessments referred to in paragraph 2 are updated at least every 3 years. When a substantial change in the fishery has occurred that is likely to affect the level of risk or impact of the fishing, Member States shall transmit that information to the Commission as soon as it becomes available. The Commission shall forward that information to the SPRFMO Secretariat.

Added:1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.

Removed:Regulation (EU) 2018/975

Added:2. Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures as laid down by this Regulation, including any enquiries pertaining to complaints and infringements, and judicial or administrative procedures relating thereto.

Removed:Article 2 – paragraph 1 – point 3, Article 14 – paragraph 1: 1. Where VME indicator taxa as set out in Annex XVI are encountered in any one tow at or above the weight thresholds in Annex XVII, or three or more different VME indicator taxa at or above the weight thresholds in Annex XVIII, fishing vessels shall cease bottom fishing immediately within an encounter area of 1 nautical mile either side of the trawl track extended by 1 nautical mile at each end.

Added: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 the information is retained for a longer period, the personal data shall be anonymised.’.

Change 4

Changed:Article 2 Amendments to Regulation (EU) 2018/975

Change 5

Removed:Article 2 – paragraph 1 – point 3, Article 14 – paragraph 2: 2. Fishing vessels shall report encounters with VMEs to the flag Member State on the basis of the guidelines set out in Annex IV including a detailed description of the encounter. The flag Member State shall carry out a comparison of the encounter with the existing model prediction, and suggested management actions to prevent significant adverse impacts on VMEs, in order to verify whether a VME is likely to be present at the encounter area and/or the surrounding area, whether a significant adverse impact has occurred, and the risk of a significant adverse impact occurring in the future. The Member State shall transmit those reports to the Commission without delay. The Commission shall forward that information to the SPRFMO Secretariat without delay.

Added:Regulation (EU) 2018/975 is amended as follows:

Removed:Regulation (EU) 2018/975

Added:(1) Article 4 is amended as follows:

Removed:Article 2 – paragraph 1 – point 3, Article 14 – paragraph 3: 3. The Commission shall inform Member States of any VME encounters notified by other Member States, SPRFMO Contracting Parties or CNCPs to the SPRFMO Secretariat.

Added:(a) point (7) ▌ is replaced by the following:

Removed:Regulation (EU) 2018/975

Added:‘(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, mid-water trawl and bottom line;’;

Removed:Article 2 – paragraph 1 – point 3, Article 14 – paragraph 4: 4. Member States shall transmit the information referred to in paragraphs 2 and 3 to fishing vessels flying their flag authorised to operate in the SPRFMO Convention Area. Fishing vessels shall be prohibited from carrying out bottom fishing activities in VME encounter areas notified under paragraphs 2 and 3 unless and until the SPRFMO Commission determines management actions that would permit the resumption of bottom fishing activities in the area.

Added:(b) the following points are inserted:

Removed:Regulation (EU) 2018/975

Added:‘(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;

Removed:Article 2 – paragraph 1 – point 3, Article 15 – paragraph 1: Fishing vessels that engage in bottom fishing shall be required to have the minimum scientific observer coverage levels set out in Annex XIX.

Added:(7b) ▌ “mid-water trawl fishing” means fishing for benthopelagic 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;

Removed:Regulation (EU) 2018/975