What changed between the plenary report and the adopted text

Added:2. Notwithstanding paragraph 1 of this Article, bottom fishing activities in the SPRFMO Convention area shall take place under the provisions set out in Chapter II for exploratory fisheries if they occur:

Removed:Article 2 – paragraph 1 – point 7 – point c, Article 23 – paragraph 5: 5. Union fishing vessels shall be prohibited from operating as both an unloading fishing vessel and a receiving fishing vessel during the same trip, except in the case of a force majeure event beyond the control of the vessel. A force majeure event shall include serious mechanical breakdown or other events that threaten the safety of the crew or result in a significant financial loss through fish spoilage. In such cases, the fishing vessels shall notify the flag Member States of the transhipment and the circumstances giving rise to the force majeure within one working day of the completion of the transhipment. The flag Member States shall immediately transmit all the information received to the SPRFMO Secretariat and to the Commission, or the body designated by it.

Added:(a) outside a management area;

Removed:Regulation (EU) 2018/975

Added:(b) inside a management area using bottom fishing methods other than bottom trawl, mid-water trawl or bottom longline fishing;

Removed:Article 2 – paragraph 1 – point 7 – point c, Article 23 – paragraph 6: 6. By 15 January each year, Member States shall report to the Commission the list of fishing vessels flying their flag that actively fished or engaged in transhipment for species other than jack mackerel in the SPRFMO Convention Area in the preceding year. The Commission shall transmit that information to the SPRFMO Secretariat by 30 January each year.

Added:(c) in a mid-water trawl management area using bottom trawl gear or in a bottom line management area using bottom trawl or mid-water trawl gear; or

Removed:Regulation (EU) 2018/975

Added:(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.’;

Removed:Article 2 – paragraph 1 – point 8, Article 24 – paragraph 1: 1. In the case of transhipment of fishery resources caught in the SPRFMO Convention Area, the flag Member State of the receiving fishing vessel shall simultaneously transmit to the Commission, or the body designated by it, and the SPRFMO Secretariat, at least 36 hours in advance of the estimated start time of such transhipment, the SPRFMO advanced transhipment notification in accordance with Annex VII.

Added:(4) Article 12 is replaced by the following:

Removed:Regulation (EU) 2018/975

Added:‘Article 12 Bottom fishing authorisation

Removed:Article 2 – paragraph 1 – point 8, Article 24 – paragraph 2: 2. If the transhipment referred to in paragraph 1 does not start within 72 hours from the notified estimated start time of transhipment or within 50 nautical miles of the estimated location notified in the advanced transhipment notification, the flag Member State of the receiving fishing vessel shall simultaneously notify the Commission, or the body designated by it, and the SPRFMO Secretariat of the modified SPRFMO advanced transhipment notification information in accordance with Annex VII as soon as possible, and no later than 24 hours from the actual start time of transhipment.

Added:1. Member States shall not authorise fishing vessels flying their flag to engage in bottom fishing without prior authorisation from the SPRFMO.

Removed:Regulation (EU) 2018/975

Added:2. Member States whose vessels intend to engage in bottom fishing activities in the bottom fishing management areas set out in Annex XIV shall submit a request for authorisation to the Commission not later than 75 days before the SPRFMO Scientific Committee meeting at which they wish the request to be considered. The Commission shall forward the request to the SPRFMO Secretariat not later than 60 days before the SPRFMO Scientific Committee meeting. The request shall contain a bottom fishing impact assessment of the proposed fishing activities.

Removed:Article 2 – paragraph 1 – point 8, Article 24 – paragraph 3: 3. If a notified transhipment does not occur, the flag Member State of the receiving fishing vessel shall simultaneously notify the Commission, or the body designated by it, and the SPRFMO Secretariat as soon as possible but no later than five working days after the notified time of the transhipment.

Added:3. The impact assessment referred to in paragraph 2 of this Article shall be carried out in accordance with the SPRFMO Bottom Fishery Impact Assessment Standard with the best available data and shall be prepared at a scale no coarser than the fishery management areas set out in Annex XV, taking into account the history of bottom fishing in the areas proposed and the cumulative impacts of past and proposed fishing, including any potential significant adverse impacts on VMEs, and shall include proposed mitigation measures to prevent such impacts.

Removed:Regulation (EU) 2018/975

Added:4. The Commission shall inform the relevant Member State of the SPRFMO decision regarding the authorisation to engage in bottom fishing in the SPRFMO Convention Area for the purpose of which the impact assessment was conducted, including any attached conditions and relevant measures to prevent significant adverse impacts on VMEs.

Removed:Article 2 – paragraph 1 – point 9, Article 24a – paragraph 1: If a receiving Union fishing vessel engages in more than one transhipment, it shall store the catch from each transhipment separately so that it is readily identifiable. The receiving Union fishing vessel shall have a stowage plan available on board that provides for this separation of catch from different unloading fishing vessels.

Added:5. Member States shall ensure that impact assessments referred to in paragraph 2 are updated at least every three years and 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. ▌’;

Removed:Regulation (EU) 2018/975

Added:(5) Article 13 is deleted;

Removed:Article 2 – paragraph 1 – point 10, Article 25 – paragraph 6: 6. The Member State to which the receiving Union fishing vessel is flagged shall submit the observer data of the SPRFMO observer transhipment log sheet to the Commission, or the body designated by it, electronically no later than 25 days from debarkation of the observer. The Commission, or the body designated by it, shall forward this information to the SPRFMO Secretariat electronically no later than 30 days from debarkation of the observer.

Added:(6) Articles 14, 15 and 16 are replaced by the following:

Removed:Regulation (EU) 2018/975

Added:‘Article 14 VMEs in bottom fishing

Removed:Article 2 – paragraph 1 – point 11, Article 26 – paragraph 1: 1. Receiving fishing vessels that engage in transhipment shall prepare a SPRFMO transhipment declaration in accordance with Annex IX and shall submit the declaration to its flag Member State no later than the 5th day of the month following that in which the transhipment is completed. The flag Member State shall submit the declaration to the Commission, or the body designated by it, no later than the 10th day of the month following that in which the transhipment is completed. The Commission, or the body designated by it, shall transmit this information to the SPRFMO Secretariat no later than the 15th day of the month following that in which the transhipment is completed.

Added: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 immediately cease bottom fishing within an encounter area of 1 nautical mile either side of the trawl track extended by 1 nautical mile at each end.

Removed:Regulation (EU) 2018/975

Added: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 of 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 that information to the Commission without delay. The Commission shall forward that information to the SPRFMO Secretariat without delay.

Removed:Article 2 – paragraph 1 – point 11, Article 26 – paragraph 2: 2. Receiving fishing vessels that engage in transhipment shall retain a copy of the SPRFMO transhipment declaration on the vessel for the duration of the fishing trip and to provide it as required to any authorized inspector.

Added:3. The Commission shall inform Member States of any VME encounters notified by other SPRFMO Contracting Parties or CNCPs to the SPRFMO Secretariat.

Removed:Regulation (EU) 2018/975

Added:4. Member States shall ensure that fishing vessels flying their flag do not engage in bottom fishing in VME encounter areas notified under paragraphs 2 and 3 unless and until such time as the SPRFMO Commission determines management actions that would permit the resumption of bottom fishing activities in the area.

Removed:Article 2 – paragraph 1 – point 13, Article 28 – paragraph 6: 6. Member States intending to deploy observers from the observer programme of another Member State, SPRFMO Contracting Party or CNCP shall inform the Commission before such deployment. Those Member States shall seek the consent of the respective Member State, SPRFMO Contracting Party or CNCP before informing the Commission.

Added:Article 15 Observer coverage in bottom fishing

Removed:Regulation (EU) 2018/975

Added:Member States shall ensure that fishing vessels flying their flag that engage in bottom fishing implement the minimum scientific observer coverage levels set out in Annex XIX. ▌

Removed:Article 2 – paragraph 1 – point 13, Article 28 – paragraph 7: 7. Union scientific research vessels fishing for research purposes shall be exempted from the obligation to carry accredited observers on board, except if they are engaged in an exploratory fishery. The flag Member States of scientific research vessels fishing for research purposes, and not engaged in an exploratory fishery, shall comply with the data collection and reporting requirements of Annex X and Article 28a and shall ensure that scientific personnel on board possess the capacity to perform in full all the observation and reporting responsibilities contained in those requirements.

Added:Article 16 Data reporting for bottom fishing

Removed:Regulation (EU) 2018/975

Added:1. By the 15th day of each month, Member States shall report to the Commission on the catches of bottom fishing species from the preceding month, in accordance with Article 33 of Regulation (EC) No 1224/2009.

Removed:Article 2 – paragraph 1 – point 13, Article 28c – paragraph 1: 1. Member States shall ensure that their observer programmes and service providers only deploy independent and impartial observers. This means that neither the observer programme or service provider, as the case requires, nor the individual observers, have a direct financial interest, ownership or business links with vessels, processors, agents and retailers involved in the catching, taking, harvesting, transporting, processing or selling of fish or fish products covered by the SPRFMO Convention.

Added:2. Member States shall prohibit fishing vessels flying their flag from participating in bottom fishing if the minimum required data regarding fishing vessel identification set out in Annex V have not been provided.

Removed:Regulation (EU) 2018/975

Added:3. By derogation from Article 29(2), Member States shall ensure that their fisheries monitoring centres (FMCs) automatically and continuously report the vessel monitoring system (VMS) data of fishing vessels flying their flag engaged in bottom fishing in the SPRFMO Convention Area to the SPRFMO Secretariat at least once every 30 minutes for the duration of each fishing trip, with a fishing trip commencing from the time the vessel departs from port, including all times that it is in the SPRFMO Convention Area, and concluding once it enters port.’;

Removed:Article 2 – paragraph 1 – point 13, Article 28c – paragraph 2 – introductory part: 2. The Member States shall ensure that their observer programmes and service providers, and the individual observers do not:

Added:(7) Article 17 is replaced by the following:

Removed:Regulation (EU) 2018/975

Added:‘Article 17 Exploratory fisheries authorisation

Removed:Article 2 – paragraph 1 – point 13, Article 28c – paragraph 2 – point b: (b) solicit or accept, directly or indirectly, any gratuity, gift, favour, entertainment, inordinate accommodation, loan or anything of monetary value from anyone who either conducts activities that are regulated by a SPRFMO Contracting Party or CNCP connected with its services or SPRFMO, or has interests that may be substantially affected by the performance or non-performance of the observer’s official duties;

Added:1. Member States intending to authorise a fishing vessel flying their flag to fish in an exploratory fishery shall submit to the Commission the following documentation ▌:

Removed:Regulation (EU) 2018/975

Added:(a) no later than 130 days in advance of the SPRFMO Scientific Committee meeting, a succinct description of their intended Fisheries Operation Plan for information purposes, using the template for succinct description of Fisheries Operation Plan . The Commission shall forward that information to the SPRFMO Secretariat not later than 120 days in advance of the SPRFMO Scientific Committee meeting;

Removed:Article 2 – paragraph 1 – point 13, Article 28d – paragraph 1 – introductory part: Member States shall ensure that observers that are recruited into their observer programme or deployed by their service providers have:

Added:(b) no later than 80 days in advance of the SPRFMO Scientific Committee meeting, a copy of the following documentation:

Removed:Regulation (EU) 2018/975