What changed between the plenary report and the adopted text

Added:‘Article 24 Notification of transhipment

Removed:Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point e: (e) respect the hierarchy and general rules of behaviour that apply to the vessel personnel;

Added:1. In the case of transhipment of fishery resources caught in the SPRFMO Convention Area, the flag Member State of the receiving Union fishing vessel shall simultaneously transmit to the Commission 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. Such notification shall be required regardless of where the transhipment has taken place.

Removed:Regulation (EU) 2018/975

Added:2. If the transhipment referred to in paragraph 1 of this Article 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 Union fishing vessel shall simultaneously notify the Commission and the SPRFMO Secretariat of the modified SPRFMO advanced transhipment notification information in accordance with Annex VII as soon as possible, and in any event no later than 24 hours after the actual start time of transhipment.

Removed:Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point f: (f) perform duties in a manner that does not unduly interfere with the operations of the vessel and, while carrying out their functions, give due consideration to the operational requirements of the vessel and communicate regularly with the master of the vessel;

Added:3. If a notified transhipment does not occur, the flag Member State of the receiving Union fishing vessel shall simultaneously notify the Commission and the SPRFMO Secretariat as soon as possible, but in any event no later than five working days after the notified time of the transhipment.’;

Removed:Regulation (EU) 2018/975

Added:(12) the following article is inserted:

Removed:Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point g: (g) be familiar with the emergency procedures aboard the vessel, including the locations of life rafts, fire extinguishers, and first aid kits, and participate regularly in emergency drills for which the observer has received training;

Added:‘Article 24a Storage requirements for receiving Union fishing vessels

Removed:Regulation (EU) 2018/975

Added: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 such separation of catches from different unloading fishing vessels.’;

Removed:Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point h: (h) communicate regularly with the vessel master on relevant observer issues and duties;

Added:(13) Articles 25 and 26 are replaced by the following:

Removed:Regulation (EU) 2018/975

Added:‘Article 25 Monitoring of transhipment

Removed:Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point i: (i) refrain from actions that could negatively affect the image of the observer programme or service provider;

Added:1. Receiving Union fishing vessels that engage in transhipment at sea shall have an observer on board to monitor the transhipment and record the information in the required SPRFMO observer transhipment log sheet in accordance with Annex VIII.

Removed:Regulation (EU) 2018/975

Added:2. In addition to paragraph 1 of this Article, if an unloading Union fishing vessel has an observer onboard during a transhipment, that observer shall also monitor the transhipment and record the information in the required SPRFMO observer transhipment log sheet in accordance with Annex VIII.

Removed:Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point j: (j) adhere to any required codes of conduct for observers, including any applicable laws and procedures;

Added:3. A receiving Union fishing vessel shall engage in only one transhipment at a time for each observer that is available to monitor and report on the transhipment.

Removed:Regulation (EU) 2018/975

Added:4. For the purpose of verifying the quantity and species of the fishery resources being transhipped, and in order to ensure that proper verification can occur, the observer on board shall have full access to the observed Union fishing vessel, including crew, gear, equipment, records (including in electronic format), and fish holds.

Removed:Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point k: (k) communicate as regularly as is required with the programme managers or observer programme coordinator on land;

Added:5. The observer shall complete the SPRFMO observer transhipment log sheet in accordance with Annex VIII and provide that information electronically to the competent authorities of the flag Member State of the receiving Union fishing vessel no later than 15 days from debarkation.

Removed:Regulation (EU) 2018/975

Added:6. The flag Member State of the receiving Union fishing vessel shall submit the observer data of the SPRFMO observer transhipment log sheet to the Commission electronically no later than 25 days from debarkation of the observer. The Commission shall forward that information to the SPRFMO Secretariat electronically no later than 30 days from debarkation of the observer.

Removed:Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point l: (l) comply with any SPRFMO CMMs whose provisions are directly applicable to observers;

Added:Article 26 Information to be reported after transhipment

Removed:Regulation (EU) 2018/975

Added:1. ▌Receiving fishing vessels ▌ that engage in transhipment shall prepare an SPRFMO transhipment declaration in accordance with Annex IX, and shall submit that declaration to their 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, no later than the 10th day of the month following that in which the transhipment is completed. The Commission 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.

Removed:Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point m: (m) respect privacy in the master and crew areas.

Added: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 provide it as required to any authorised inspector.’;

Removed:Regulation (EU) 2018/975

Added:(14) Article 27 is amended as follows:

Removed:Article 2 – paragraph 1 – point 13, Section 3 – title: Rights and duties of Union fishing vessel operators and masters

Added:(a) paragraph 1 is replaced by the following:

Removed:Regulation (EU) 2018/975

Added:‘1. In addition to the data reporting requirements set out in Articles 7, 11, 14, 16, 18, 21, 22, 23, 24, 25, 26, 28a, 28u, 29, 35b, 35e, 40 and 41, Member States whose vessels fish in the SPRFMO Convention Area shall provide the data set out in paragraphs 2, 3 and 3a of this Article to the Commission.’;

Removed:Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – introductory part: Vessel operators and masters of fishing vessels shall respect the rights of observers set out in Article 28p and:

Added:(b) the following paragraph is inserted:

Removed:Regulation (EU) 2018/975

Added:‘3a. By 15 January of each year, Member States whose vessel fish in the SPRFMO Convention Area in fisheries other than jack mackerel fisheries shall report to the Commission the list of vessels that actively fished or engaged in transhipment in the Convention Area during the previous calendar year. The Commission shall forward that information to the SPRFMO Secretariat by 30 January of each year.’;

Removed:Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point c: (c) install and maintain, as a complementary monitoring tool, functioning electronic monitoring systems or devices throughout the selected fishing trips;

Added:(15) in Chapter IV, Article 28 is replaced by the following:

Removed:Regulation (EU) 2018/975

Added:‘SECTION 1 Observer programme accreditation procedure and minimum standards

Removed:Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point e: (e) ensure that vessels operating in the SPRFMO Convention Area include and provide adequate space on deck or in the processing area for the observer to conduct bycatch sampling or other sampling as needed as well as other observer duties, in a safe manner that limits interference with vessel operations, with a dedicated sample station and other equipment such as scales;

Added:Article 28 Observer programmes

Removed:Regulation (EU) 2018/975

Added:1. Member States whose vessels fish in the SPRFMO Convention Area shall establish observer programmes to collect the data set out in Annex X.

Removed:Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point h: (h) inform the crew regarding the timing and objectives of the observer programme and schedule for observer boarding, as well as their responsibilities when an observer boards the vessel;

Added:2. Member States shall ensure that the observer programmes established pursuant to paragraph 1 and any service providers only deploy independent and impartial observers.

Removed:Regulation (EU) 2018/975

Added:3. For fisheries where a minimum level of observer coverage is required, Member States shall ensure that observers on board fishing vessels flying their flag are only deployed from observer programmes and service providers accredited by the SPRFMO Commission.

Removed:Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point m: (m) allow and assist full access to and use of all facilities and equipment of the vessel that is necessary for the observer to carry out his or her duties, including but not limited to full access to the bridge, processed catch and any bycatch on board, as well as areas which may be used to hold, process, weigh and store fish;

Added:4. For fisheries where 100 % of observer coverage is not required, Member States shall ensure that the method of assigning observers on fishing vessels flying their flag is representative for the fishery to be monitored and commensurate with the specific data needs of the fishery as a whole.

Removed:Regulation (EU) 2018/975