What changed between the plenary report and the adopted text

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 k (new), Article 28 a (new): (1k) The following article is inserted: / “Article 28a / Record of farms / 1. Member States shall submit to the Commission electronically, as part of their fishing plans, a list of farms authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean including the information set out in Annex XVIII. The Commission shall forward that information to the ICCAT Secretariat so that those farms can be entered into the ICCAT record of farms authorised to operate for bluefin tuna. / 2. Tuna farms not entered into the ICCAT record of farms shall not be deemed to be authorised to operate for bluefin tuna. / 3. Farming activities shall not be authorised, including feeding for fattening purposes or harvesting of bluefin tuna, outside the geographical coordinates approved for farming activities. / 4. Member States shall immediately notify the Commission of any addition to, any deletion from and/or any modification of the ICCAT record of farms at any time such changes occur. The Commission shall forward that information to the ICCAT Secretariat without delay. / 5. Member States shall take the necessary measures to ensure that bluefin tuna is not placed into a farm not listed in the ICCAT record of farms and that the farms do not receive bluefin tuna from vessels that are not included in the ICCAT Record of vessels. Member States shall take the necessary measures to prohibit any operation on farms not registered in the ICCAT record of farms. ”

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 l (new), Article 33 – paragraph 3 a (new): (1l) In Article 33, the following paragraph is added : / “3a. This Article shall not affect the entry of a CPC fishing vessel to port, in accordance with international law, for reasons of force majeure or distress.”

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 m (new), Article 34 – paragraph 2: (1m) In Article 34, paragraph 2 is replaced by the following: / “2. Prior to entry into port, masters or their representatives of Union fishing vessels as well as processing vessels and auxiliary vessels included in the list of vessels referred to in Article 26 shall, at least four hours before the estimated time of arrival at the port, notify the competent authority of their flag Member State and the CPC whose ports or landing facility they wish to use of at least the following information: / (a) estimated date and time of arrival; / (c) information on the geographical area where the catches were taken.” / (deleted)

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Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 n (new), Article 35 – paragraph 5: (1n) In Article 35, paragraph 5 is replaced by the following: / “5. Masters of Union fishing vessels engaged in transhipment operations shall complete and transmit to their flag Member State the ICCAT transhipment declaration no later than five days after the date of transhipment in port. The masters of the transhipping fishing vessels shall complete the ICCAT transhipment declaration in accordance with the format set out in Annex V. The transhipment declaration shall be linked with the eBCD to facilitate cross-checking of data contained thereof.”

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Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 o (new), Article 36: (1o) Article 36 is replaced by the following: / “Article 36 / Reports on quantities / Member States shall send catch reports to the Commission every two weeks. Those reports shall include the data required under Article 31 as regards traps, purse seiners and other catching vessels. The information shall be structured by gear type. The Commission shall forward that information to the ICCAT Secretariat without delay.”

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 p (new), Article 38 – paragraphs 2, 3 and 5: (1p) Article 38 is amended as follows: / (1) paragraph 2 is replaced by the following: / “2. By way of derogation from paragraph 1, for releases of tuna from farms, only regional observers as referred to in Article 39, and not national observers, shall be present on towing vessels.”; / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (2) paragraph 3 is replaced by the following: / “3. The obligations, responsibilities and tasks applicable to the national observers are set out in Annex VIII.”; / (3) paragraph 5 is replaced by the following: / “5. For the purposes of this Article, Member States shall ensure: / (a) representative temporal and spatial coverage to ensure that the Commission receives adequate and appropriate data and information on catch, effort and other scientific and management aspects, taking into account the characteristics of the fleets and fisheries; / (d) that observers are provided, before the start of their deployment, with a list of contacts within the Member State’s competent authority where to report observations; / (e) to the extent practicable, minimal disruption to the operations of vessels and traps fishing in the Convention Area; / (f) that the master of the fishing vessel or the trap operator allows the observer access to the electronic means of communication on board the fishing vessel or on the trap.”.

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 q (new), Article 39: (1q) Article 39 is amended as follows: / (1) in paragraph 2, point (c) is replaced by the following: / “(c) during all transfers from one farm cage to transport cages, which thenare towed to another farm;”; / (2) paragraph 4 is replaced by the following: / “4. Member States shall ensure that one ICCAT regional observer shall be assigned to each farm for the whole period of the caging and harvesting operations. In the event of force majeure, and following confirmation by the farming Member State of those circumstances that constitute force majeure or in cases where neighbouring farms, as authorised and controlled by the same farm Member State, operate jointly as one unit, an ICCAT regional observer may be shared by more than one farm to guarantee the continuity of farming operations, if it is ensured that the observer tasks are duly accomplished and following confirmation from the farm Member State.”; / (3) the following paragraph is inserted: / “4a. By way of derogation from paragraph 4, in the event of transfer between two different farms under the competence of the same Member State, a single regional observer can be assigned to cover the entire process including the transfer of fish to a towing transport cage, the towing of the fish from the donor farm to the recipient farm and the caging of fish on the recipient farm. In that case, a regional observer should be deployed by the donor farm and the cost shall be shared by both the donor and receiving farms, unless otherwise …

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 r (new), Article 40: (1r) Article 40 is amended as follows: / (1) paragraph 1 is replaced by the following: / “1. Before the start of a transfer operation, including voluntary transfers, the master of the catching or towing vessel or its representatives or the operator of the farm or trap, where the transfer originates, shall send to flag Member State, or to the Member State responsible for the farm or trap, a prior transfer notification indicating: / (a) the number and the estimated weight of bluefin tuna to be transferred; / (b) the name of the catching vessel, towing vessel(s), farm or trap, with their respective ICCAT record number; / (c) the date and the location of the catch; / (d) the date and estimated time of transfer; / (e) the estimated position (latitude/longitude) where the transfer will take place and the donor and receiving cage numbers; / (f) farm of destination; / (g) the name and ICCAT number; of the donor farm, in the case of a transfer from the farm cage to a transport cage; / (h) the numbers of the two farm cages and any transport cages involved, in the case of intra-farm transfers.”; / (2) paragraph 2 is deleted; / (3) paragraph 3 is replaced by the following: / “3. A unique identifying number as referred to in Article 45c(2) shall be assigned to all cages used in transfer operations and associated transport of live bluefin tuna.”; / (4) paragraph 5 is replaced by the following: / “5. Member States involved in transfer operations as referred to in paragraph 1, shall authoris…

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 s (new), Article 41: (1s) Article 41 is amended as follows: / (1) the title is replaced by the following: / “Refusal of the transfer authorisation and consequent release of bluefin tuna”; / (2) in paragraph 1, points (b) and (c) are replaced by the following: / “(b) the number and weight of fish has not been duly reported by the catching vessel or trap, or was not authorised to be caged; / (c) the catching vessel or the trap declared to have caught the fish did not have a valid authorisation to fish for bluefin tuna issued in accordance with Article 26, or;” / (3) In paragraph 1, the following point is added: / “(da) the farm of destination is not reported as active in the ICCAT Record of farms.” / (4) paragraph 3 is replaced by the following: / “In the event of a technical failure of its VMS during the transport to the farm, the towing vessel shall be replaced by another towing vessel with a fully-functioning VMS, or a new operative VMS shall be installed or used, as soon as feasible and not later than 72 hours after that technical failure. That period of 72 hours may be exceptionally extended in the event of force majeure or legitimate operational constraints. The technical failure shall be immediately communicated to the Commission, which shall inform the ICCAT Secretariat. Masters or their representatives shall, from the time the technical failure was detected until it is remedied, communicate every hour to the control authorities of the flag Member State the updated geographical coordinates …

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Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 t (new), Article 42: (1t) Article 42 is amended as follows: / (a) Article 42 shall become Article 43; / (b) paragraph 1 is replaced by the following: / “1. At the end of the transfer operation, masters or their representatives of catching or towing vessels or the operator of the farm or trap shall complete and transmit to the responsible Member State authority, to the ICCAT regional observer where its presence is mandatory and, where applicable, to the master of the towing vessel or the farm receiving the fish, the ICCAT transfer declaration in accordance with the format set out in Annex VI.”; / (c) paragraph 3 is replaced by the following: / “3. The original ITD shall accompany the transfer of fish until the destination farm where it will be caged: / (a) at first transfer, the original of the transfer declaration shall be duplicated by the master of the catching or the towing vessel or its representative, or the representative of a farm or a trap, from which a transfer operation originates when a single catch is transferred from the purse seine net or the trap to more than one transport cage; / (b) in the case of a further transfer, the master of the donor towing vessel shall update the transfer declaration by completing part 3 (further transfers), and provide the updated transfer declaration to the receiving towing vessel.” / A copy of the ITD shall be kept onboard the donor catching or towing vessel(s), or by the donor trap or the donor farm, and be accessible at any time for control purposes …

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 u (new), Article 43: (1u) Article 43 is amended as follows: / (a) Article 43 shall become Article 42; / (b) paragraph 1 is replaced by the following: / “1. The master of the catching or towing vessel or the operator of the farm or trap from which the transfer originates shall ensure that the transfer is monitored by video camera in the water, to determine the number of individuals of bluefin tuna being transferred, except for transfers of cages between two towing vessels which do not involve the movement of live tuna between those cages. The video recording shall be carried out in accordance with the minimum standards and procedures set out in Annex X. Each donor operator Member State competent authority shall take the necessary measures to ensure that identical copies of the relevant video records are provided without delay by the donor operator: / (a) for the first transfer operation and the eventual voluntary transfer, to the ICCAT regional observer and to the receiving towing vessel and, at the end of the fishing trip, to the flag or trap Member State competent authority of the donor operator; / (b) for further transfers, to the national observer on board the donor towing vessel, to the master of the receiving towing vessel and, at the end of the towing trip, to the flag Member State competent authority of the donor towing vessel; / (c) for transfers between two different farms, to the ICCAT regional observer, to the receiving towing vessel and to donor farm Member State competent authority; …

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 v (new), Article 43 a (new): (1v) The following article is inserted: / “Article 43a / Voluntary and control transfers / 1. When the video footage referred to in Article 42 does not meet the minimum standards provided by Annex X, and in particular if its quality and clarity are not sufficient to determine the number of fish being transferred, the master of the catching or the towing vessel or its representative, or the representative of a farm or a trap, from which a transfer operation originates may conduct voluntary transfer(s). / 2. In case voluntary transfer(s) have not been carried out, or if the voluntary transfer(s) still does not permit a determination of the number of fish being transferred, the Member State competent authority of the vessel, trap or farm from which a transfer operation originates shall order a control transfer, which shall be repeated until the quality of the video record allows the estimation of the number of bluefin tuna being transferred. / 3. The voluntary and/or control transfer(s) shall be carried out into another cage which must be empty. The number of fish obtained from the valid voluntary or control transfer shall be used to complete the logbook, the ICCAT Transfer Declaration (ITD) and the relevant sections of the eBCD. / 4. The separation of the transport cage from a purse seine, a trap, or a farm cage shall not occur before the ICCAT regional observer on board the purse seiner, or present on the farm or trap, has carried out its tasks. / 5. In case the quality of the…

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 w (new), Article 44: (1w) Article 44 shall be replaced by the following: / "Article 44 / Investigation by the Member State competent authority / 1. Flag or trap Member States shall investigate all cases where: / (a) There is more than 10% difference between the number of fish reported in the ITD by the master of the catching or towing vessel or operator of the trap and the number of fish estimated by the ICCAT regional observer, or by the CPC national observer, as appropriate; / (b) When the ICCAT regional observer has not signed the ITD; / (c) The margin of error of 10% mentioned in point 2(a) shall be expressed as a percentage of the data provided by the master of the catching or towing vessel or operator of the trap; / (d) At the initiation of an investigation, the Member State competent authority shall inform the flag Member State or CPC competent authority of the towing vessel(s) concerned about the investigation, and ensure that, until the investigation is concluded, no transfer is permitted from or to the transport cage in question; / (e) Where applicable, the investigation shall include the analysis of all the relevant video footages. Such investigation shall be concluded prior to the time of caging and in any case within 96 hours of the investigation being initiated, except on in cases of force majeure. Pending the results of the investigation, caging shall not be authorised and the relevant section of the BCD shall not be validated. / 2. For all transfer operations where a video is requ…

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 x (new), Article 45 a (new): (1x) The following article is inserted: / “Article 45a / Amendments to ITDs and eBCDs following inspections at sea or investigations / If, following an inspection at sea or an investigation, the number of fish is found to be more than 10 % different to that declared in the ITD and eBCD, the eBCD shall be amended by the CPC competent authority of the donor operator to reflect the result of the investigation.”

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 y (new), Article 45 b (new): (1y) The following article is inserted: / “Article 45b / General provisions / 1. Each farm Member State shall nominate a single competent authority responsible for coordinating the collection and verification of information on Member States’ caging activities, for the control of farm activities conducted under its jurisdiction, and for reporting to and cooperating with the Member States and CPC competent authorities whose flag vessels or trap caught the caged tuna. / 2. All bluefin tuna fishery and farm activities shall be subject to the control described in the monitoring, control and inspection plan submitted under Article 15. / 3. Member States involved in caging related activities shall exchange information and cooperate to ensure that the number and weight of bluefin tuna intended for caging are accurate, consistent with the catch amounts reported by the purse seine vessel or trap, and declared in the relevant sections of the eBCD. / 4. Farm Member States shall ensure that farm operators maintain at all times an accurate schematic plan of their farms, indicating the unique number of all cages and their individual position on the farm. The updated plan shall be made available at all times to the farm Member State competent authority for control purposes and to the ICCAT regional observer deployed on the farm. Any modification to the schematic plan is subject to prior notification to the farm Member State competent authority. The schematic farming plan shall be adapted any…

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 z (new), Article 45 c (new): (1z) The following article is inserted: / “Article 45c / Unique identifying number / 1. Before the start of the bluefin tuna fishing campaign, the farm CPC competent authority shall assign a unique and identifiable number to each cage associated to farms under its jurisdiction, including those cages used to transport the fish to the farm. / 2. Cage numbers shall be issued with a unique identifying number that includes at least the alpha-3 code corresponding to the farming Member State followed by three numbers. Unique cage numbers shall be permanent and not transferable from one cage to another. / 3. The unique cage numbers shall be stamped or painted on two opposite sides of the ring of the cage and above the water line, in a color contrasting with the background on which they are painted or stamped, and must be visible and legible at any time for control purposes. The height of the letters and numbers shall be at least 20 centimetres with a line thickness of at least 4 centimetres. / 4. Alternative methods to mark the unique number on the cage are allowed, providing they offer the same guarantee of visibility, legibility and inviolability.”

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 1 aa (new), Article 45 d (new): (1aa) The following article is inserted: / “Article 45d / Caging authorisation / 1. Each caging operation is subject to the procedure set out in paragraphs 2 to 4. / 2. The farms operator shall request a caging authorisation issued by the farm Member State competent authority including the following information: / (a) the number and weight of fish to be caged as referred to in the transfer declaration (ITD); / (b) the relevant transfer declarations (ITD); / (c) the eBCD(s) reference concerned, as confirmed and validated by the catching flag or trap Member State or CPC competent authority; / (d) all the reports of fish that die during transport, duly recorded in accordance with Annex XIII. / 3. The farm Member State competent authority shall notify the information in paragraph 2 to the relevant catching flag or trap Member State or CPC(s) competent authority(ies), and shall ask for confirmation that the caging operation can be authorised. / 4. Within 3 working days, the catching flag or trap Member State or CPC(s) competent authority(ies) shall notify the farm Member State or CPC competent authority that the caging operation concerned can be authorised or must be refused. In the case of refusal, the flag or trap Member State competent authority shall specify the reason(s) for the refusal, and the refusal shall include the consequent release order. / 5. The farm Member State shall issue the caging authorisation immediately after receipt of the confirmation by the catching flag …

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 2, Article 46: (2) Article 46 is replaced by the following: / “Article 46 / Refusal of an authorisation / The competent authority of the Member State responsible for the catching vessel or trap shall refuse to approve the caging if it considers that: / (a) the catching vessel or trap which caught the fish had not a sufficient quota to cover the bluefin tuna to be caged; / (b) the quantity of fish to be caged has not been duly reported by the catching vessel or trap; or / (c) the catching vessel or trap declared to have caught the fish does not have a valid authorisation to fish for bluefin tuna, issued in accordance with Article 26. / In the event that the Member State responsible for the catching vessel or trap refuses to approve the caging, it shall: / (a) inform the competent authority of the Member State or CPC responsible for the farm; and / (b) request that competent authority to proceed to the seizure of the catches and the release of the fish into the sea.”

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 2 a (new), Article 46 b (new): (2a) The following article is inserted: / “Article 46b / Caging operations / 1. At arrival of the towing vessel in the vicinity of the farm, the farm Member State competent authority shall ensure that the towing vessel concerned is maintained at a distance of minimum 1 nautical mile from any facility of the farm until the farm Member State competent authority is physically present; the position and activity of the relevant towing vessels shall be monitored at all times. / 2. Member States competent authorities shall not authorise the start of the caging operation without the presence of the farm Member State competent authority and the ICCAT regional observer and before the catch and live trade sections of the eBCD have been completed and validated by the catching flag or trap Member States or CPC competent authority(ies). / 3. The anchoring of transport cages as farm cages, without movement of fish to allow stereoscopic camera recording is prohibited. / 4. After transfer of the bluefin tuna from the towing cage to the farm cage, the farm Member State control authority shall ensure that farm cages containing bluefin tuna are sealed at all times. Unsealing will only be possible in the presence of the farm Member State competent authority and following its authorisation. The farm Member State control authority shall establish protocols for the sealing of farm cages, ensuring the use of official seals and that these seals are placed in such a way that they prevent the opening of…

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 2 b (new), Article 47: (2b) In Article 47, paragraphs 2 and 3 are deleted.

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 2 c (new), Article 48: (2c) Article 48 is deleted.

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 2 d (new), Article 49: (2d) Article 49 is replaced by the following: / “Article 49 / Recording of the caging operation by control cameras and caging declaration / 1. Member States responsible for farms shall ensure that caging operations shall be monitored by their control authorities using both conventional and stereoscopic camera’s. Video footages records shall be produced for each caging operation in accordance with the procedures set out in Annex X. / 2. If the quality of the control camera video footage used to determine the number and/or weight of the bluefin tuna caged does not comply with the minimum standards of Annex X, the farm Member State competent authority shall order a control caging until the determination of the number and/or weight is possible. The repetition of the caging operation shall not be subject to a new caging authorisation. / 3. In the case of control caging, the farm Member State competent authority shall ensure that the donor farm cage is sealed and that the cage cannot be manipulated prior to the new caging operation. The receiving farm cage(s) used in the control caging shall be empty. / 4. At the completion of the caging operation, the farm Member State competent authority shall ensure that the ICCAT regional observer has immediate access to all stereoscopic and conventional camera video footage(s), and is allowed to make a copy if it intends to complete its task of analysing the footage at another time or place. / 5. Member States responsible for farms shall ensur…

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

Removed:Regulation (EU) 2023/2053

Removed:Article 2 – paragraph 1 – point 2 e (new), Article 50: (2e) Article 50 is replaced by the following: / “Article 50 / 1. When, for a single catching operation, the number of bluefin tuna being caged as communicated by the farm Member State competent authority in accordance with Article 50(2) , differs by more than 10 % from those reported in the ITD or eBCD as caught and/or transferred, the catching flag or trap Member State competent authority shall initiate an investigation to determine the accurate catch weight that shall be deducted from the national bluefin tuna quota. In support of this investigation, the catching flag or trap Member State competent authority shall request all the complementary information and the results of the relevant video footage analysis conducted by the flag and farm Member State competent authority that have been involved in the transport and the caging operation concerned. All competent authorities, including those whose vessels have been involved in the transport of the fish, shall cooperate actively, including through the exchange of all information and documentation at their disposal. The catching flag or trap Member State competent authority shall conclude the investigation within 1 month from the communication of the caging results by the competent authority of the farm Member State.[para 177] A difference greater than 10 % between the number of bluefin tuna reported caught by the vessel or trap concerned and the number determined by the catching flag or trap Member State competent authority as…

Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R2053)

Removed:Regulation (EU) 2023/2053