What changed between the plenary report and the adopted text

Removed:Recital 11 a (new): (11a) Regarding the obligation to ensure surveillance of landings of certain pelagic stocks through camera and sensor technologies in landing and processing facilities where more than 3 000 tonnes of those stocks are weighed per calendar year, the surveillance measures should be applied to landings exceeding 10 tonnes so as to exclude small-scale coastal and artisanal fishing. In the case of landing and processing facilities where landings above 10 tonnes do not occur but the total amount of landings amount to more than 3 000 tonnes per calendar year the obligation to use surveillance camera and sensor technologies should not apply. The Member States should publish the list of ports that meet such conditions.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/2594.)

Removed:Recital 11 b (new): (11b) The implementation of the provisions established in Article 52 may benefit from support under the European Maritime Fisheries and Aquaculture Fund established by Regulation (EU) 2021/1139 of the European Parliament and of the Council.

Removed:Article 1 – paragraph 2: 2. This Regulation applies notwithstanding the obligations set out in existing regulations in the fisheries sector, in particular Regulation of the European Parliament and of the Council (EU) 2017/240342 , and Council Regulations (EC) No 1005/200843 and (EC) No 1224/2009.

Removed:Article 3 – paragraph 1 – introductory part: For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council and Article 4 of Regulation (EC) No 1224/2009 of the Council shall apply, unless otherwise provided for in this Regulation. The following definitions shall also apply:

Removed:Article 3 – paragraph 1 – point 13: 13. ‘VMS’ means a fishing vessel monitoring system providing the competent authorities with data at regular intervals on the position, course and speed of the fishing vessel;

Removed:Article 3 – paragraph 1 – point 21: 21. ‘electronic fishing logbook’ means the record by electronic means of fishing activity details recorded by the master of a fishing vessel and transmitted to the flag State from the prior notification of entry into the Regulatory Area until the exit from the Regulatory Area.

Removed:Article 3 – paragraph 1 – point 22: 22. ‘FMC’ means a fisheries monitoring centre as defined in Article 4, point (15), of Council Regulation (EC) 1224/2009;

Removed:Article 4 – paragraph 6: 6. Member States shall implement temporary closures in the areas identified by NEAFC following information on encounters with possible VMEs until the NEAFC Secretariat notifies the re-opening of those areas.

Removed:Article 5 – paragraph 3 – point d: (d) provide a report of the results, including all raw data collected, of the exploratory bottom fishing activities to ICES and the Commission, which shall forward it to the NEAFC Secretariat.

Removed:Article 8 – paragraph 1: 1. Member States shall send by electronic means to the Commission the information of all fishing vessels flying their flag and registered in the Union which they intend to authorise to conduct fishing activities in the Regulatory Area. This information shall be sent by 15 December each year for the following year or in any case not later than 15 days before the vessel’s entry into the Regulatory Area.

Removed:Article 8 – paragraph 5 – point c: (c) ensure that fishing vessels flying its flag comply with this Regulation; and

Removed:Article 8 – paragraph 6 – point b: (b) IMO number or, if not applicable, other unique vessel identifier;

Removed:Article 9 – paragraph 2 – point d: (d) IMO number if subject to IMO Resolution A.1078(28) or, if not applicable, other unique vessel identifier;

Removed:Article 9 – paragraph 3: 3. The documents referred to in Article 7(2) and (3) of Implementing Regulation (EU) 404/2011 shall be checked at regular intervals by the competent authority of the flag Member State.

Removed:Article 10 – paragraph 2: 2. It shall be prohibited to deploy fishing gear that is not marked, if marking is required, or if the marking contravenes the requirements referred to in paragraph 1. NEAFC fisheries inspectors may remove and dispose of a fishing gear with non-compliant marking. The fish that are found in the gear shall be donated to charitable organisations or organisations that benefit public interest and, if not fit for human consumption, disposed of in accordance with national law consistent with Union law.

Removed:Article 11 – title: Waste from fishing vessels and retrieval of lost gear

Removed:Article 11 – paragraph 1: 1. Masters of Union fishing vessels shall be legally responsible for ensuring that they do not deliberately abandon or discard fishing gear or discharge any kind of waste from their ships as defined in Directive (EU) 2019/883 of the European Parliament and of the Council48 into the sea, in accordance with MARPOL Annex V on Regulations for the Prevention of Pollution by Garbage from Ships.

Removed:Article 11 – paragraph 2: 2. Union fishing vessels shall notify the competent authorities of its flag Member State within 24 hours about the required information referred to in Article 14(7) and 48 of Council Regulation (EC) 1224/2009 in those cases where the lost gear cannot be retrieved. / (deleted) / (deleted) / (deleted)

Removed:Article 11 – paragraph 3: 3. The Member State shall without delay notify the information referred to in Article 14(7) and Article 48 of Regulation 1224/2009 to the Commission, which shall transmit it to the NEAFC Secretariat.

Removed:Article 11 – paragraph 4: 4. Member States shall undertake to retrieve on a regular basis lost fixed gears belonging to vessels flying their flag. If gear is retrieved that has not been reported as lost, the Member State or other Contracting Party that retrieved the gear may recover the cost from the master of the vessel that has lost the gear.

Removed:Article 13 – paragraph 2: 2. The electronic fishing logbook data transmitted by the master and stored at the FMC shall be considered as the official data. These data and any changes thereof shall be notified to the NEAFC Secretariat by the FMC without delay.

Removed:Article 13 – paragraph 3 – point b – point iii: iii. the list of codes of product form or presentation, preservation state of the resource, type of packing or container shall be in accordance with Annex VIa.

Removed:Article 14 – paragraph 1 – point a: (a) transmit the electronic fishing logbook data by electronic means to their FMC, including at a minimum the data set out in Annex VII including all catches when the vessel engaged in fishing activities;

Removed:Article 15 – paragraph 1 – point a: (a) communicate reports of transhipments in accordance with the specification and format set out in Annex VII by electronic means to their FMC. These reports shall include the quantities on-loaded and off-loaded for each transhipment. The master of a Union donor fishing vessels shall transmit a donor transhipment notification report at least 24 hours in advance of the starting time of the transhipment. The master of a Union receiver fishing vessel shall make a receiver transhipment declaration report no later than 1 hour after the end time of the transhipment. The reports shall include the date, time, geographical position of the planned transhipment and total round weight by species to be off-loaded or which have been on-loaded in kilograms and the identification of vessels transhipped to or from, respectively;

Removed:Article 15 – paragraph 1 – point b: (b) transhipment operations may only commence after the authorisations have been given by the flag Member State or Contracting Party of the receiving vessel. In the case of EU receiver vessels, the flag Member State shall transmit the authorisation to tranship without delay to the NEAFC Secretariat with the Commission and EFCA in copy; and

Removed:Article 15 – paragraph 1 – point c: (c) without prejudice to the provisions in Section 5, subsequent to having been involved in a transhipment operation at sea involving fishery resources caught in the Regulatory Area, the master of a Union receiver fishing vessel shall send a port of landing notification report in the format set out in Annex VII, indicating the total catch onboard, total weight to be landed, the name of port and the date and time of landing, at least 24 hours in advance of the start of any landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area.

Removed:Article 15 – paragraph 3: 3. It shall be prohibited to correct the port of landing notification report, but such a report may be cancelled. If a port of landing notification is cancelled and a new one is sent, the time limits specified in paragraph 1, point (c), shall apply.

Removed:Article 16 – paragraph 1 – point a: (a) establish and operate an FMC in accordance with Articles 9 and 9a of Regulation (EC) 1224/2009;

Removed:Article 16 – paragraph 1 – point d – point i: deleted

Removed:Article 16 – paragraph 1 – point d – point iv: deleted

Removed:Article 16 – paragraph 1 – point e: (e) transmit to the NEAFC Secretariat the position reports as soon as they are received for vessels flying their flag upon entering into or exiting from the Regulatory Area and at least once every hour when operating in the Regulatory Area;

Removed:Article 16 – paragraph 1 – point g: (g) ensure that the data received from its fishing vessels VMS are recorded in a computer readable form and stored for at least three years; and

Removed:Article 16 – paragraph 1 – point h – point ii: ii. ensure that delimitations of closed bottom fishing areas are installed and up to date in their VMS.

Removed:Article 17 – paragraph 4: 4. If the flag Member State FMC does not receive from the NEAFC Secretariat a positive acknowledgement of a fishing activity report, it shall request to the master of the Union fishing vessel to submit an amended report. If it again does not receive a positive acknowledgment, or if it is no longer possible to amend or resubmit the fishing activity reports due to time limits, the flag Member State FMC shall provide the master with the necessary guidance on follow-up procedures, to ensure that the data referred to in Articles 14 and 15 is submitted.

Removed:Article 20 – paragraph 1: 1. Member States whose fishing vessels are authorised to fish in the Regulatory Area shall assign their inspectors to the NEAFC Scheme to carry out inspection and surveillance activities (NEAFC inspectors).

Removed:Article 20 – paragraph 2: 2. Member State shall issue a special identity document to each of their NEAFC inspectors in accordance with the format set out in Annex XII.

Removed:Article 21 – paragraph 2 – point a: (a) the names and unique numbers of the their NEAFC inspectors, including their e-mail address; and

Removed:Article 22 – paragraph 3: 3. The inspecting Member State and EFCA shall forward without delay the data from each surveillance report by electronic transmission in a sighting report with a format in accordance with Part 2 of Annex XVI to the flag Member State or Contracting Party of the fishing vessel concerned and to the NEAFC Secretariat. Any images captured during the surveillance shall be forwarded upon request to the flag Member State or Contracting Party of the fishing vessel concerned.

Removed:Article 23 – paragraph 12: 12. NEAFC inspectors shall transmit without delay a copy of each inspection report to EFCA and promptly upload the information of the inspection report into the secure part of the NEAFC website. The original or a certified copy of each inspection report shall be forwarded upon request to the flag Member State or Contracting Party of the inspected vessel.

Removed:Article 24 – paragraph 1 – point d: deleted

Removed:Article 24 – paragraph 1 – point f: deleted

Removed:Article 29 – paragraph 4: 4. Landing, transhipment and other use of port services shall not be authorised if the port Member State receives clear evidence that the catch on board was taken in contravention of applicable requirements of the flag Member State or a Contracting Party in respect of areas under its national jurisdiction.

Removed:Article 30 – paragraph 5: 5. Member States shall notify, 15 days prior to be effective, any changes in the lists referred to in paragraph 3 to EFCA, which in turn shall forward them without delay to the NEAFC Secretariat with the Commission in copy.

Removed:Article 32 – paragraph 1: 1. This Article applies in addition to the general obligations established in Article 75 of Regulation (EC) 1224/2009.

Removed:Article 32 – paragraph 2: 2. The master of a fishing vessel which is being inspected or, where relevant, the representative of the master, shall comply with the obligations established in Article 75 of Regulation (EC) 1224/2009 and, as applicable, with the obligations established in Article 24 of this Regulation.

Removed:Article 37 – paragraph 1: 1. If an NEAFC inspector considers that there are clear grounds for believing that the master or the operator of a fishing vessel has committed a serious infringement, that NEAFC inspector shall promptly notify that infringement to the competent authorities of the inspecting Member State, the Commission and EFCA. The inspecting Member State or EFCA, in case the inspection was carried out by the latter, shall forward the information without delay to the NEAFC Secretariat, the competent authorities of the flag State of the vessel and, where appropriate, to the flag State or States of the donor vessels when the inspected vessel has engaged in transhipment operations.

Removed:Article 37 – paragraph 2: 2. In order to preserve the evidence, the NEAFC inspector shall take all necessary measures to ensure the security and continuity thereof whilst minimising inconvenience to the vessel and interference with its operations.

Removed:Article 37 – paragraph 3: 3. In the case of an inspection at sea in the Regulatory Area, the NEAFC inspector is entitled to remain on board the fishing vessel for the period necessary to provide information to a NEAFC inspector duly authorised by the flag Member State or flag Contracting Party or until the response of the flag Member State or flag Contracting Party requires the inspector to leave the fishing vessel.

Removed:Article 38 – paragraph 1: 1. Flag Member State shall respond to a notification of serious infringement without delay and shall ensure that the Union fishing vessel concerned is inspected within 72 hours by a NEAFC inspector duly authorised in relation to the infringement.

Removed:Article 39 – paragraph 1: Member State shall ensure that appropriate measures are systematically taken, including administrative action or criminal proceedings in conformity with their national law, against the natural or legal persons responsible for a breach of the conservation and management measures set out in this Regulation.

Removed:Article 52 – paragraph 1: 1. Port Member States shall ensure surveillance by camera and sensor technologies at landing and processing facilities for landings exceeding 10 tonnes and where more than 3 000 tonnes per year, in total, of the species referred to in Article 48 are weighed. For that purpose, Member States shall make publicly available a list of their ports that meet those thresholds and where those requirements are to apply.

Removed:Article 52 – paragraph 4 a (new): 4a. This Article shall apply from 1 January 2026.

Removed:Article 54 – paragraph 1 – introductory part: 1. The Commission is empowered to adopt delegated acts in accordance with Article 55 concerning measures adopted by NEAFC with regard to:

Removed:Article 54 – paragraph 1 – point o a (new): (oa) list of codes of product from or presentation, preservation state of the resource, type of packing or container to be used in production logbook set out in in Annex VIa;

Removed:Article 54 – paragraph 3 – point a: deleted

Removed:Article 54 – paragraph 3 – point b: deleted

Removed:Annex VI – paragraph 1: The relevant code lists shall be in accordance with the Annex VIa.

Removed:LIST OF CODES OF PRODUCT FROM OR PRESENTATION, PRESERVATION STATE OF THE RESOURCE, TYPE OF PACKING OR CONTAINER TO BE USED IN PRODUCTION LOGBOOK

Removed:1. The form or presentation of a processed resource's cut or part.

Removed:2. The preservation state of the resource

Removed:3. The type of packaging or container in where the resource is

Removed:The rapporteur welcomes the proposed Regulation that compiles and implements into Union law the conservation, management and control measures adopted by the North East Atlantic Fisheries Commission (NEAFC). In order to ensure a sustainable exploitation of marine biological resources together with a level playing field in the NEAFC Convention area, the transposition of all recommendations into European Union (EU) law should be completed expeditiously.

Removed:NEAFC plays a significant role in regulating and conserving marine resources, overseeing fishing activities, and safeguarding the fragile ecosystems in this area. By incorporating NEAFC recommendations into Union law, EU vessels can ensure that their fishing practices align with international agreements and commitments, promoting responsible and environmentally friendly fisheries management. This transposition facilitates cooperation between EU member states and international partners, reinforcing our common dedication to combat overfishing, protect vulnerable species as well as ecosystems, and maintain the long-term viability of fisheries in the North East Atlantic.

Removed:The rapporteur would also like to highlight the importance of the objectives of the Common Fisheries Policy (CFP), in particular the policy’s environmental commitments pertaining to when EU vessels are active in non-EU waters, and the adherence to respective Regional fisheries management organisation (RMFO) rules. The rules of the CFP, if implemented properly, provide an ambitious and sustainable approach to fisheries management.

Removed:In 2022, the Union had 301 fishing vessels authorised to operate in the NEAFC Regulatory Area, that is, beyond the waters under the fisheries jurisdiction of Contracting Parties. However, the actual Union fishing operations have been rather limited, with Lithuania, Latvia and Estonia currently having the most significant fishing activity in international waters of the Barents Sea. Some Union vessels from Portugal, Spain, France and the Netherlands operate in other areas as well, to a lesser extent. The vast majority of fishing activity is thus concentrated in Union waters.

Removed:The rapporteur notes that Title III of the proposed Regulation implements the agreed record of conclusions of fisheries consultations, between Norway, the EU, the Faroe Islands, Greenland, Iceland and the United Kingdom on control measures for pelagic stocks in the North East Atlantic, of November 2022. Five out of the six NEAFC Contracting Parties have agreed to support the surveillance by camera and sensor technologies of landings at a limited number of landing and processing facilities, where more than 3,000 tonnes per year of certain species are weighed. It is therefore coherent to incorporate these provisions in the present Regulation as well, in order to avoid any delays and to ensure that port Member States have sufficient time to prepare for the implementation of those already agreed measures before their date of applicability, i.e. 1 January 2026. Furthermore, it not only fosters a level playing field but also serves as a testament to the EU's commitment to fulfilling its international obligations to our global partners.