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Changes between two versions

What changed between the draft committee report and the plenary report

From · draft committee report· 28 Aug 2023

PECH-PR-750194

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/2107 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT) and Regulation (EU) .../2022 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean

To · plenary report· 26 Oct 2023

A-9-2023-0301

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/2107 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT) and Regulation (EU) .../2022 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean

Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.

The changes · 104

Change 1

Changed:Recital 1: (1) Since the adoption of Regulation (EU) 2017/2107 of the European Parliament and of the Council2 ,Council2, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted at its 2017, 2018, 2019, 2021 and 2022 annual meetings a number of legally binding measures for the conservation of fishery resources under its purview.

Change 2

Removed:This draft report includes also a proposal for transposition of ICCAT recommendations from the annual meetings of 2021 and 2022

Change 3

Removed:New provisions on the ICCAT regulation have been included in this draft report in order to update the transposition with the most recent recommendations agreed in ICCAT

Added:Recital 3: (3) Regulation (EU) 2023/20533 should be amended to implement into Union law bluefin tuna management provisions relating to definitions, quota transfers, retention prohibition, sport and recreational fisheries, farms record, reporting, transfer authorisations, caging identifiers, caging authorisations, caging operations and their video monitoring, control of caging, and harvesting control activities in the farms after caging. / 3 Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627 (OJ L 238, 27.09.2023, p.1).

Removed:Recital 3: (3) Regulation (EU) XX/20223 should be amended to implement into Union law bluefin tuna management provisions relating to definitions, quota transfers, retention prohibition, sport and recreational fisheries, farms record, reporting, transfer authorisations, caging identifiers, caging authorisations, caging operations and their video monitoring, control of caging, and harvesting control activities in the farms after caging. / 3 OJ C […], […], p. […]..

Added:Recital 4: (4) Certain provisions of ICCAT Recommendations are likely to be amended at forthcoming ICCAT annual meetings due to the introduction of new technical and management measures for fisheries governed under the ICCAT Convention. Therefore, in order to swiftly implement into Union law future amendments to ICCAT Recommendations before the start of the fishing season, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the conditions to authorise catch and retain shortfin mako sharks, as well as for bluefin tuna management, reporting time limits, time periods for fishing seasons, content of carry-over declarations, and provisions for caring, derogations for designation of fishing areas, fishing vessels and gear, and derogation for fishing bluefin tuna for farming purposes, conditions for assigning Regional Observer for farms and Member States’ duties and content of the annual caging reporting.

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Removed:New provisions on the multiannual management plan of bluefin tuna have been included in this draft report in order to update the regulation with the most recent recommendations agreed in ICCAT

Removed:Recital 4: (4) Certain provisions of ICCAT Recommendations are likely to be amended at forthcoming ICCAT annual meetings due to the introduction of new technical and management measures for fisheries governed under the ICCAT Convention. Therefore, in order to swiftly implement into Union law future amendments to ICCAT Recommendations before the start of the fishing season, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the conditions to authorise catch and retain shortfin mako sharks, as well as for bluefin tuna management, reporting time limits, time periods for fishing seasons, content of carry-over declarations, and provisions for caring, derogations for designation of fishing areas, fishing vessels and gear, and derogation for fishing bluefin tuna for farming purposes, conditions for assigning Regional Observer for farms and Member States’ duties and content of the annual caging reporting .

Removed:Update with new provisions

Change 4

Removed:Linguistic change

Added:Regulation (EU) 2017/2107

Removed:Regulation (EU)2017/2107

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Change 5

Removed:ICCAT recommendation 21-01 includes the above text added in the definition of FOB

Removed:Regulation (EU)2017/2107

Removed:Article 1 – paragraph 1 – point 1 – point f a (new), Article 4 – paragraph 1 – point 34 (new): (fa) the following point is added: / “(34) ‘Shallow-set longlines’ means longlines in which, when deployed, the majority of hooks are at a depth of less than 100 metres.”

Removed:Recommendation 22-12

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Removed:Regulation (EU)2017/2107

Removed:Article 1 – paragraph 1 – point 1 – point f b (new), Article 4 – paragraph 1 – point 35 (new): (fb) the following point is added: / “(35) ‘Circle hook’ means a hook with the point turned perpendicularly back to the shank to form a generally circular or oval shape and used with an offset of no more than 10 degrees.”

Removed:Recommendation 22-12

Change 6

Removed:Article 1 – paragraph 1 – point 2, Article 5 a – paragraph 1: 1. By 31 January each year, Member States shall establish annual capacity/fishing plans.

Added:Article 1 – paragraph 1 – point 1 – point f a (new), Article 4 – paragraph 1 – point 33 a (new): (fa) the following point is added: / “(33a) "Shallow-set longlines" means longlines where the majority of hooks are used for fishing at depths of less than 100 metres.”

Removed:Linguistic clarification.

Change 7

Removed:Article 1 – paragraph 1 – point 2, Article 5 a – paragraph 5 a (new): 5a. Member States shall report every three months to the Commission the amount of tropical tunas by species caught by vessels flying their flag within 15 calendar days of the end of the period during which the catches were made, namely by 15 April, 15 July and 15 October of each year and by 15 January of the following year, unless such information is sent on a monthly basis to the Commission. Those quarterly reports shall be sent using the aggregated catch data report format. The Commission shall send that information to the ICCAT Secretariat by 30 April, 30 July and 30 October of each year and by 30 January of the following year.

Added:Article 1 – paragraph 1 – point 1 – point f b (new), Article 4 – paragraph 1 – point 33 b (new): (fb) the following point is added: / “(33b) ‘Circle hook’ means a hook with the point turned perpendicularly back to the shank to form a generally circular or oval shape and used with an offset of no more than 10 degrees.”

Removed:ICCAT recommendation nº 22-01

Change 8

Removed:Article 1 – paragraph 1 – point 2 a (new), Article 5 b (new): (2a) The following Article is inserted: / “Article 5b / Recreational fishery for Mediterranean albacore / 1. Natural or legal persons engaged in recreational fisheries shall not catch, retain on board, tranship or land more than three Mediterranean albacore specimens per vessel per day; / 2. It shall be prohibited to market or sale Mediterranean albacore caught in recreational fishery; / 3. Member States shall provide to the Commission and to the ICCAT Secretariat the list of all recreational fishery vessels authorised to catch Mediterranean albacore, at least 15 days before the exercise of the activities. Vessels not included on that list shall not be authorised to catch Mediterranean albacore.”

Added:Article 1 – paragraph 1 – point 2, Article 5a – paragraph 1: 1. By 31 January each year, Member States shall adopt their annual capacity/fishing plan.

Removed:ICCAT recommendation 22-05 in accordance with Article 55(3) of Regulation (EU)1224/2009

Change 9

Added:Article 1 – paragraph 1 – point 2, Article 5a – paragraph 5 a (new): 5a. Member States shall report every three months to the Commission the amount of tropical tunas by species caught by vessels flying their flag within 15 calendar days of the end of the period during which the catches were made, namely by 15 April, 15 July and 15 October of each year and by 15 January of the following year, unless such information is sent on a monthly basis to the Commission. Those quarterly reports shall be sent using the aggregated catch data report format. The Commission shall send that information to the ICCAT Secretariat by 30 April, 30 July and 30 October of each year and by 30 January of the following year.

Added:Regulation (EU) 2017/2107

Added:Article 1 – paragraph 1 – point 2 a (new), Article 5 b (new): (2a) The following article is inserted: / “Article 5b / Recreational fishery for Mediterranean albacore / 1. Natural or legal persons engaged in recreational fisheries shall not catch, retain on board, tranship or land more than three Mediterranean albacore specimens per vessel per day. / 2. It shall be prohibited to market Mediterranean albacore caught in recreational fishery. / 3. Member States shall provide to the Commission and to the ICCAT Secretariat the list of all recreational fishery vessels authorised to catch Mediterranean albacore, at least 15 days before the exercise of the activities. Vessels not included on that list shall not be authorised to catch Mediterranean albacore.”

Added:Regulation (EU) 2017/2107

Change 10

Removed:Linguistic changes proposed to clarify this provision In addition, the crew cannot be responsible for complying with this provision, it should be the Master.

Change 11

Changed:Article 1 – paragraph 1 – point 7 – point a, Article 9 – paragraph 4: 4. Member States shall ensure that no more than 300 FADs per vessel with operational buoys are active at the same time .time.

Change 12

Removed:Linguistic clarification

Change 13

Removed:ICCAT recommendation 21-01 text is transposed in a more accurate way

Change 14

Changed:Article 1 – paragraph 1 – point 8, Article 10 – paragraph 2 – point a: (a) ensure that all FADs deployed are non-entangling in line with the guidelines under Annex 5 to Recommendation 19-02;21-01;

Change 15

Removed:ICCAT recommendation 21-01 text is transposed in a more accurate way

Change 16

Removed:ICCAT recommendation 21-01 text is transposed in a more accurate way

Change 17

Removed:Linguistic clarification

Change 18

Changed:Article 1 – paragraph 1 – point 11, Article 14 – paragraph 2 – introductory part: 2. Member States shall ensure that vessels flying their flag that are authorised to fish for tropical tuna establish a minimum observer coverage, as follows:shall:

Change 19

Removed:Linguistic clarification

Change 20

Removed:Linguistic clarification

Change 21

Removed:Article 1 – paragraph 1 – point 20, Article 27 – paragraph 1: 1. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, when their quota is approaching exhaustion, Member States shall take the appropriate measures to ensure that vessels flying their flag release all blue marlin (Makaira nigricans), white marlin (Tetrapturus albidus), and roundscale spearfish (Tetrapturus georgei) that are alive by the time of boarding.

Added:Article 1 – paragraph 1 – point 20, Article 27 – paragraph 1: deleted

Removed:ICCAT recommendation 18-04 is transposed in a more accurate manner

Change 22

Added:Article 1 – paragraph 1 – point 20, Article 27 – paragraph 2: 2. To the extent possible, Union pelagic longline vessels and Union purse seiners shall promptly release blue marlin and white marlin/roundscale spearfish that are alive at haul-back, giving due consideration to the safety of crew members, in a manner that causes the least harm and maximizes post-release survival.

Added:Regulation (EU) 2017/2107

Change 23

Removed:Linguistic clarification

Change 24

Removed:The guidelines on minimum standards for safe handling procedures are already mentioned in paragraph 3

Change 25

Changed:Article 1 – paragraph 1 – point 20, Article 27 – paragraph 6: 6. Member States may authorise pelagic longline and purse seiners flying their flag to fish and retain on board, tranship, or land blue marlin and white marlin/roundscale spearfish that are dead, within their landingcatch limit.

Change 26

Removed:Linguistic clarification

Change 27

Removed:Recommendation 19-05 specifies that CPCs shall take appropriate measures to ensure this provision.

Change 28

Changed:Article 1 – paragraph 1 – point 24, Article 33: North Atlantic Shortfinshortfin mako sharks (Isurus oxyrinchus) / 1. North Atlantic shortfin mako sharks caught in Union fishing vessels shall not be harmed and shall be promptly released into the sea, while giving due consideration to the safety of crew members. / 2. Member States shall make sure that vessels flying their vesselsflag apply the minimum standards for safe handling and release procedures of North Atlantic shortfin mako shark as set out in Annex IX.VIIIa. / (deleted) / (deleted) / 3. Starting in 2023 and annually thereafter, the Commission shall validate the amount of permissible retention in the subsequent year, based on the best available scientific advice.(deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Change 29

Removed:ICCAT Recommendation 21-09 has modified article 33. ICCAT Recommendation 21-09 establishes that there is no permissible retention for north Atlantic shortfin mako. Possible future retention will be determined inline with paragraph 5 of the recommendation

Removed:Regulation (EU) 2017/2107

Removed:Article 1 – paragraph 1 – point 24 a (new), Article 33a (new): (24a) The following Article is inserted: / “Article 33a / South Atlantic Shortfin mako sharks (Isurus oxyrinchus) / 1. Member States shall make sure that their vessels apply the minimum standards for safe handling and release procedures of South Atlantic shortfin mako shark as set out in Annex IX. / 2. Member States shall report on a monthly basis to the Commission all permissible landings of vessels flying their flag, which are authorised to catch South Atlantic shortfin mako. That report shall be sent to the Commission within 15 days of the end of the calendar month in which the catches were made. In addition, Member States shall report to the Commission every year the dead discards, live releases and total catches of vessels flying their flag. / 3. By 30 June every year, Member States whose vessels have caught (landings and dead discards) South Atlantic shortfin mako sharks shall communicate to the Commission the statistical methodology used to estimate dead discards and live releases. Member States with artisanal and small-scale fisheries shall also provide information about their data collection programs. / 4. As part of their annual Task 1 and 2 data submissions, Member States shall provide to the Commission all relevant data for South Atlantic shortfin mako, including estimates of dead discards and live releases using the methods approved by the SCRS.”.

Removed:ICCAT recommendation 22-11

Change 30

Removed:Article 1 – paragraph 1 – point 25 a (new), Article 41: (25a) Article 41 is amended as follows: / (a) the following paragraph is inserted: / “2a. Member States shall require the vessels flying their flag that fish with shallow-set longlines to: / - use only large circle hooks; / - use only finfish bait; or / - use other measures that have been reviewed and considered effective and approved by the ICCAT to be capable of reducing the interaction rate of sea turtles in shallow set longline fisheries.”; / (b) paragraph 4 is replaced by the following: / “4. Member States shall: / (a) ensure that interactions with sea turtles are reduced and eliminated to the extent practicable, where encounters with sea turtles have been documented and reported to the SCRS, through the use or continued use of at least one of the following bycatch mitigation measures: / (i) alternative or new gear types and gear modifications; / (ii) time-area fishing restrictions and closures in instances where there is a higher risk of interaction with sea turtles; / (iii) effective static net gears’ marking allowing their detection by sea turtles such as the use of net colours, light passive reflectors, thicker twine diameter, corks or other materials within the net; / (iv) modifications in fishing behaviour and strategy (for example reduced soaking time). / (b) require their purse seine vessels to avoid encircling sea turtles to the extent practicable, release encircled or entangled sea turtles, including on FADs, where feasible, and ensure that FADs deployed constr…

Added:Article 1 – paragraph 1 – point 24 a (new), Article 33 a (new): (24a) The following article is inserted / "Article 33a / South Atlantic shortfin mako sharks (Isurus oxyrinchus) / 1. Member States shall make sure that vessels flying their flag apply the minimum standards for safe handling and release procedures of South Atlantic shortfin mako shark as set out in Annex VIIIa. / 2. Member States shall report on a monthly basis to the Commission all permissible landings of vessels flying their flag, which are authorised to catch South Atlantic shortfin mako. That report shall be sent to the Commission within 15 days of the end of the calendar month in which the catches were made. In addition, Member States shall report to the Commission every year the dead discards, live releases and total catches of vessels flying their flag. / 3. By 30 June every year, Member States with vessels flying their flag having reported catches (landings and dead discards) of South Atlantic shortfin mako sharks shall communicate to the Commission the statistical methodology used to estimate dead discards and live releases. Member States with artisanal and small-scale fisheries shall also provide information about their data collection programs. / 4. As part of their annual Task 1 and 2 data submissions, Member States shall provide to the Commission all relevant data for South Atlantic shortfin mako, including estimates of dead discards and live releases using the methods approved by the SCRS. / 5. Fishing vessels that retain South Atlantic shortfin mako are prohibi…

Removed:Recommendation 22-12

Change 31

Removed:Article 1 – paragraph 1 – point 26 – introductory part, Article 44a: (26) The following Article is added:

Added:Article 1 – paragraph 1 – point 25 a (new), Article 41: (25a) Article 41 is amended as follows: / (a) the following paragraph is inserted: / “2a. Member States shall require the vessels flying their flag that fish with shallow-set longlines to: / - use only large circle hooks; / - use only finfish bait; or / - use other measures that have been reviewed and considered effective and approved by the ICCAT to be capable of reducing the interaction rate of sea turtles in shallow set longline fisheries.”; / (b) paragraph 4 is replaced by the following: / “4. Member States shall: / (a) ensure that interactions with sea turtles are reduced and eliminated to the extent practicable, where encounters with sea turtles have been documented and reported to the SCRS, through the use or continued use of at least one of the following bycatch mitigation measures: / (i) alternative or new gear types and gear modifications; / (ii) time-area fishing restrictions and closures in instances where there is a higher risk of interaction with sea turtles; / (iii) effective static net gears’ marking allowing their detection by sea turtles such as the use of net colours, light passive reflectors, thicker twine diameter, corks or other materials within the net; / (iv) modifications in fishing behaviour and strategy (for example reduced soaking time); / (b) require their purse seine vessels to avoid encircling sea turtles to the extent practicable, release encircled or entangled sea turtles, including on FADs, where feasible, and ensure that FADs deployed constr…

Removed:Linguistic clarification

Change 32

Removed:Linguistic clarification

Change 33

Removed:Recommendation 18-10 contains additional rules that should also be transposed to this Regulation

Change 34

Removed:Recommendation 18-10 contains additional rules that should also be transposed to this Regulation

Added:Regulation (EU) 2017/2107

Removed:Regulation (EU)2017/2107

Change 35

Removed:The reference to the SMEFF Regulation was missing

Added:Regulation (EU) 2017/2107

Removed:Regulation (EU)2017/2107

Added:Article 1 – paragraph 1 – point 32 a (new), Article 69 a (new): (32a) The following article is inserted: / “Article 69a / IUU vessels / Member States shall ensure that IUU listed vessels are not authorised to land, tranship, re-fuel, re-supply, or engage in other commercial transactions.”

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Removed:Article 1 – paragraph 1 – point 32 a (new), Article 69 a (new): (32a) The following Article is inserted: / “Article 69a / IUU vessels / Member States shall ensure that IUU listed vessels are not authorised to land, tranship, re-fuel, re-supply, or engage in other commercial transactions.”

Change 36

Removed:Regulation (EU) XX/2023

Added:Article 2 – paragraph 1 – introductory part: Regulation (EU) 2023/2053 is amended as follows:

Removed:Article 2 – paragraph 1 – point -1 (new), Article 5: (-1) Article 5 is replaced by the following: / “Article 5 / Definitions / For the purpose of this Regulation, the following definitions apply: / (1) ‘ICCAT’ means the International Commission for the Conservation of Atlantic Tunas; / (2) ‘The Convention’ means the International Convention for the Conservation of Atlantic Tunas; / (3) ‘Convention Area’ means the geographical area defined in Article 1 of the Convention; / (4) ‘CPC’ means a Contracting Party to the Convention and a cooperating non-contracting party, entity or fishing entity; / (5) ‘SCRS’ means the Standing Committee on Research and Statistics of the ICCAT; / (6) 'Operator' means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products; / (7) ‘Responsible Member State’ means the flag Member State or the Member State under whose jurisdiction the relevant farm or trap is located; / (8) ‘Farm CPC' means the Member State under whose jurisdiction the bluefin tuna farm is located; / (9) 'Flag CPC' means the Member State where the fishing vessel is flagged; / (10) 'Trap CPC' means the Member States under whose jurisdiction the trap is located; / (11) ‘Fishing vessel’ means any powered vessel used for the purposes of the commercial exploitation of bluefin tuna resources, including catching vessels, fish processing vessels, support vessels, towing vesse…

Added:Regulation (EU) 2023/2053

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Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Article 2 – paragraph 1 – point -1 (new), Article 5: (-1) Article 5 is replaced by the following: / “Article 5 / (3) ‘Convention Area’ means the geographical area defined in Article 1 of the Convention; / (4) ‘CPC’ means a Contracting Party to the Convention and a cooperating non-contracting party, entity or fishing entity; / (6) 'operator' means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products; / (7) ‘farm CPC' means the Member State under whose jurisdiction the bluefin tuna farm is located; / (8) 'flag CPC' means the Member State where the fishing vessel is flagged; / (9) 'trap CPC' means the Member States under whose jurisdiction the trap is located; / (10) ‘fishing vessel’ means any powered vessel used for the purposes of the commercial exploitation of bluefin tuna resources, including catching vessels, fish processing vessels, support vessels, towing vessels, vessels engaged in transhipment and transport vessels equipped for the transportation of tuna products and auxiliary vessels, except container vessels; / (11) ‘catching vessel’ means a vessel used for the purposes of the commercial capture of bluefin tuna resources; / (12) ‘towing vessel’ means any vessel used for towing live bluefin tuna cages; / (13) ‘processing vessel’ means a vessel on board of which fisheries products are subject to one or more of the following operations, prior to thei…

Removed:Regulation (EU) XX/2023

Removed:Article 2 – paragraph 1 – point 1, Article 7: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Regulation (EU) 2023/2053

Removed:Provisions already included in Regulation (EU) XX/2022 of the European Parliament and of the Council establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean

Added:Article 2 – paragraph 1 – point 1, Article 7 – points a and b: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Change 37

Changed:Regulation (EU) XX/20232023/2053

Change 38

Changed:Article 2 – paragraph 1 – point 1 a (new), Article 8: (1a) Article 8 is replaced by the following: / “Article 8 / Carry-over1. ofAutomatic unusedcarry-over quotasof /any 1.unused Anyquota unusedis portionnot ofauthorised. a/ 2. Member StateStates annualmay quota/catchrequest limitto maytransfer bea addedmaximum toof the5% respectiveof quota/catchtheir limitannual fromquota form one year to the following year when transmitting its annual fishing plan. / 2.year. The maximum underage of bluefin tuna that aCommission Membershall Stateinclude maythis carry-overrequest in any given year shallits notannual exceedfishing/capacity theplans amountfor permittedendorsement inby the particular year byICCAT ICCAT.”Commission."

Change 39

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Change 40

Changed:Regulation (EU) XX/20232023/2053

Change 41

Removed:Article 2 – paragraph 1 – point 1 b (new), Article 14 – introductory part: (1b) In Article 14, the introductory part is replaced by the following: / “Member States with a bluefin tuna quota shall establish an annual monitoring, control and inspection plan with a view to ensuring compliance with this Regulation. Each Member State shall submit its respective plan to the Commission. Each Member State shall establish its plan in accordance with:”

Added:Article 2 – paragraph 1 – point 1 b (new), Article 12: (1b) Article 12 shall be replaced by the following: / “Article 12 / In accordance with Article 17 of Regulation (EU) No 1380/2013, when allocating the fishing opportunities available to them, Member States shall use transparent and objective criteria, including those of an environmental, social and economic nature, and shall also distribute national quotas fairly among the various fleet segments, giving special consideration to traditional and artisanal fisheries, and to provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact.”

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Change 42

Changed:Regulation (EU) XX/20232023/2053

Change 43

Changed:Article 2 – paragraph 1 – point 1 c (new), Article 1514 – paragraphs 6 andintroductory 7:part: (1c) Article 15 is amended as followsIn :Article /14, (a)the paragraphintroductory 6part is replaced by the following: / “6. Member“Member States shall report statistics on the annual amount of caging (input of wild caught fish), harvesting, and exportwith toa thebluefin Commission,tuna whichquota shall forward the data to the ICCAT Secretariat, until the ICCAT secretariat has developed a data extraction functionalityestablish inan theannual eBCDmonitoring, systemcontrol and such a functionality becomes available.” / (b)inspection paragraphplan 7with isa replacedview byto theensuring following:compliance /with “7.this WhereRegulation. appropriate,Each Member StatesState shall submit revised farmingits managementrespective plansplan to the Commission by 15 May each year forCommission. transmissionEach toMember theState ICCATshall Secretariatestablish byits 1plan Junein eachaccordance year.”with:”

Change 44

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Change 45

Changed:Regulation (EU) XX/20232023/2053

Change 46

Removed:Article 2 – paragraph 1 – point 1 d (new), Article 17 – paragraph 5: (1d) In Article 17, paragraph 5 is replaced by the following: / “5. Bluefin tuna fishing shall be permitted in the eastern Atlantic and the Mediterranean Sea by large scale pelagic longlines catching vessels over 24 m overall length during the period from 1 January to 31 May with the exception of the area delimited by West of l0°W and North of 42°N.”

Added:Article 2 – paragraph 1 – point 1 d (new), Article 15 – paragraphs 6 and 7: (1d) Article 15 is amended as follows : / (a) paragraph 6 is replaced by the following: / “6. Member States shall report statistics on the annual amount of caging (input of wild caught fish), harvesting, and export to the Commission, which shall forward the data to the ICCAT Secretariat, until the ICCAT secretariat has developed a data extraction functionality in the eBCD system and such a functionality becomes available.” / (b) paragraph 7 is replaced by the following: / “7. Where appropriate, Member States shall submit revised farming management plans to the Commission by 15 May each year for transmission to the ICCAT Secretariat by 1 June each year.”

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Change 47

Changed:Regulation (EU) XX/20232023/2053

Change 48

Removed:Article 2 – paragraph 1 – point 1 e (new), Article 21 a (new): (1e) The following Article is inserted: / “Article 21a / Prohibition of retention of bluefin tuna onboard support vessels / Support vessels shall not retain on board or transport bluefin tuna.”

Added:Article 2 – paragraph 1 – point 1 e (new), Article 17 – paragraph 5: (1e) In Article 17, paragraph 5 is replaced by the following: / “5. Bluefin tuna fishing shall be permitted in the eastern Atlantic and the Mediterranean Sea by large-scale pelagic longlines catching vessels over 24 m overall length during the period from 1 January to 31 May with the exception of the area delimited by West of l0°W and North of 42°N.”

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Change 49

Changed:Regulation (EU) XX/20232023/2053

Change 50

Removed:Article 2 – paragraph 1 – point 1 f (new), Article 24: (1f) Article 24 is amended as follows: / (a) paragraph 3 is replaced by the following: / “3. The marketing or sale of bluefin tuna caught in recreational fisheries shall be prohibited.”; / (b) paragraph 4 is replaced by the following: / “4. Member States shall record catch data including the weight of each bluefin tuna caught in recreational fisheries and communicate the data for the preceding year to the Commission by 30 June each year. The Commission shall forward that information to the ICCAT Secretariat without delay.”; / (c) paragraph 5 is replaced by the following: / “5. Member States shall take the necessary measures to ensure, to the greatest extent possible, the release of bluefin tuna, especially juveniles, caught alive in recreational fisheries. Any bluefin tuna landed shall be whole, gilled and/or gutted.”

Added:Article 2 – paragraph 1 – point 1 f (new), Article 21 a (new): (1f) The following article is inserted: / “Article 21a / Prohibition of retention of bluefin tuna onboard support vessels / Support vessels shall not retain on board or transport bluefin tuna.”

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Regulation (EU) 2023/2053

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Removed:Regulation (EU) XX/2023

Added:Article 2 – paragraph 1 – point 1 g (new), Article 24 – paragraphs 3, 4 and 5: (1g) Article 24 is amended as follows: / (a) paragraph 3 is replaced by the following: / “3. The marketing of bluefin tuna caught in recreational fisheries shall be prohibited.”; / (b) paragraph 4 is replaced by the following: / “4. Member States shall record catch data including the weight of each bluefin tuna caught in recreational fisheries and communicate the data for the preceding year to the Commission by 30 June each year. The Commission shall forward that information to the ICCAT Secretariat without delay.”; / (c) paragraph 5 is replaced by the following: / “5. Member States shall take the necessary measures to ensure, to the greatest extent possible, the release of bluefin tuna, especially juveniles, caught alive in recreational fisheries. Any bluefin tuna landed shall be whole, gilled and/or gutted.”

Removed:Article 2 – paragraph 1 – point 1 g (new), Article 26 – paragraph 1: (1g) in Article 26, paragraph 1 is replaced by the following: / “1. Each year, one month before the start of the period of authorisation, Member States shall submit the information set out in Annex XVI for the following vessel lists: / (a) all catching vessels fishing actively for bluefin tuna; and / (b) all other vessels engaged in bluefin tuna related activities, other than catching vessels. / The Commission shall forward that information to the ICCAT Secretariat 15 days before the start of the fishing activity, so that those vessels can be entered into the ICCAT record of authorised vessels and, if relevant, into the ICCAT record of vessels 20 metres in length overall or greater authorised to operate in the Convention Area.”

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Regulation (EU) 2023/2053

Removed:Regulation (EU) XX/2023

Added:Article 2 – paragraph 1 – point 1 h (new), Article 26 – paragraph 1: (1h) in Article 26, paragraph 1 is replaced by the following: / “1. Each year, one month before the start of the period of authorisation, Member States shall submit the information set out in Annex XVI for the following vessel lists: / (a) all catching vessels fishing actively for bluefin tuna; and / (b) all other vessels engaged in bluefin tuna related activities, other than catching vessels. / The Commission shall forward that information to the ICCAT Secretariat 15 days before the start of the fishing activity, so that those vessels can be entered into the ICCAT record of authorised vessels and, if relevant, into the ICCAT record of vessels 20 metres in length overall or greater authorised to operate in the Convention Area.”

Removed:Article 2 – paragraph 1 – point 1 h (new), Article 27 – paragraph 2: (1h) In Article 27, paragraph 2 is replaced by the following: / “2. Without prejudice to Article 20(6), Union fishing vessels not entered into the ICCAT records referred to in Article 26 shall be deemed not to be authorised to fish for, retain on board, tranship, transport, transfer, process or land bluefin tuna in the eastern Atlantic and the Mediterranean.”

Removed:The references to the articles have been updated

Added:Regulation (EU) 2023/2053

Removed:Regulation (EU) XX/2023

Added:Article 2 – paragraph 1 – point 1 i (new), Article 27 – paragraph 2: (1i) In Article 27, paragraph 2 is replaced by the following: / “2. Without prejudice to Article 20(6), Union fishing vessels not entered into the ICCAT records referred to in Article 26 shall be deemed not to be authorised to fish for, retain on board, tranship, transport, transfer, process or land bluefin tuna in the eastern Atlantic and the Mediterranean.”

Removed:Article 2 – paragraph 1 – point 1 i (new), Article 28: (1i) Article 28 is amended as follows: / (a) paragraph 1 is replaced by the following: / “1. Member States shall submit to the Commission electronically, as part of their fishing plans, a list of traps authorised to fish for bluefin tuna in the eastern Atlantic and the Mediterranean including the information set out in Annex XVII. The Commission shall forward that information to the ICCAT Secretariat so that those traps can be entered into the ICCAT record of traps authorised to fish for bluefin tuna.”; / (b) the following paragraph is inserted: / "5. Member States shall notify the Commission, after the establishment of the ICCAT record of traps, any addition to, any deletion from and/or any modification of the ICCAT record of traps at any time such changes occur. The Commission will notify such changes to the ICCAT Secretariat without delay.”

Removed:Paragraph 1 has been updated with the word "electronically" and a reference to Annex XVII (annex 14 of recommendation 22-08). Paragraph 5 is transposed from page 12 of recommendation 22-08

Added:Regulation (EU) 2023/2053

Removed:Regulation (EU) XX/2023

Added:Article 2 – paragraph 1 – point 1 j (new), Article 28: (1j) Article 28 is amended as follows: / (a) paragraph 1 is replaced by the following: / “1. Member States shall submit to the Commission electronically, as part of their fishing plans, a list of traps authorised to fish for bluefin tuna in the eastern Atlantic and the Mediterranean including the information set out in Annex XVII. The Commission shall forward that information to the ICCAT Secretariat so that those traps can be entered into the ICCAT record of traps authorised to fish for bluefin tuna.”; / (b) the following paragraph is added: / "5. Member States shall notify the Commission, after the establishment of the ICCAT record of traps, any addition to, any deletion from and/or any modification of the ICCAT record of traps at any time such changes occur. The Commission will notify such changes to the ICCAT Secretariat without delay.”

Removed:Article 2 – paragraph 1 – point 1 j (new), Article 28 a (new): (1j) 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 to 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:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Regulation (EU) 2023/2053

Removed:Regulation (EU) XX/2023

Added: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:Article 2 – paragraph 1 – point 1 k (new), Article 33 – paragraph 4: (1k) In Article 33, the following paragraph is added : / “4. 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.”

Added:Regulation (EU) 2023/2053

Removed:ICCAT recommendation 22-08, page 15

Added: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.”

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Changed:Regulation (EU) XX/20232023/2053

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Changed:Article 2 – paragraph 1 – point 1 lm (new), Article 34 – paragraph 2: (1l)(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 orand the CPC whose ports or landing facility they wish to use of at least the following information: / (a) estimated date and time of arrival; / (b) estimated quantity of bluefin tuna retained on board; / (c) information on the geographical area where the catches were taken.” / (deleted)

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Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

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Changed:Regulation (EU) XX/20232023/2053

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Changed:Article 2 – paragraph 1 – point 1 mn (new), Article 35 – paragraph 5: (1m)(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 as per Recommendation 21- 15.port. The masters of the transhipping fishing vessels shall complete the ICCAT transhipment declaration in accordance with the format set out in Annex X.V. The transhipment declaration shall be linked with the eBCD to facilitate cross-checking of data contained thereof.”

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Removed:ICCAT recommendation 22-08, page 16

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Changed:Regulation (EU) XX/20232023/2053

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Changed:Article 2 – paragraph 1 – point 1 no (new), Article 36: (1n)(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.”

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Removed:ICCAT recommendation 22-08, page 16

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Changed:Regulation (EU) XX/20232023/2053

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Changed:Article 2 – paragraph 1 – point 1 op (new), Article 38:38 (1o)– 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.”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.”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; / (b) robust data collection protocols; / (c) that observers are properly trained and approved before deployment; / (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.”trap.”.

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Removed:ICCAT recommendation 22-08, pages 17 and 18

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Changed:Regulation (EU) XX/20232023/2053

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Changed:Article 2 – paragraph 1 – point 1 pq (new), Article 39: (1p)(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 then arethenare towed to another farm;”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 authorizedauthorised 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.”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 d……

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Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

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Changed:Regulation (EU) XX/20232023/2053

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Changed:Article 2 – paragraph 1 – point 1 qr (new), Article 40: (1q)(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. All cages used inA transferunique operationsidentifying andnumber associatedas transportreferred ofto livein bluefinArticle tuna45c(2) shall be numberedassigned into accordanceall withcages theused uniquein numberingtransfer systemoperations referredand toassociated intransport Articlesof XX.”;live bluefin tuna.”; / (4) paragraph 5 is replaced by the following: / “5. Member States involved in transfer operations as referred to in paragraph 1, shal…shall authoris…

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Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

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Changed:Regulation (EU) XX/20232023/2053

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Changed:Article 2 – paragraph 1 – point 1 rs (new), Article 41: (1r)(1s) Article 41 is amended as follows: / (1) Thethe title is replaced by the following: / “Article 41 / Refusal“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: / “(e)“(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:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

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Changed:Regulation (EU) XX/20232023/2053

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Changed:Article 2 – paragraph 1 – point 1 st (new), Article 42: (1s)(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 …

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Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

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Changed:Regulation (EU) XX/20232023/2053

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Changed:Article 2 – paragraph 1 – point 1 tu (new), Article 43: (1t)(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; …

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Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

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Changed:Regulation (EU) XX/20232023/2053

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Changed:Article 2 – paragraph 1 – point 1 uv (new), Article 43a43 a (new): (1u)(1v) The following Articlearticle 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…

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Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Regulation (EU) 2023/2053

Removed:Regulation (EU) XX/2023

Added: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…

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Removed:Article 2 – paragraph 1 – point 1 v (new), Article 44: (1v) Article 44 is amended as follows: / (a) the title shall be replaced by the following: / “Investigation by the Member State competent authority”. / (b) paragraph 1 is deleted; / (c) paragraph 2 is replaced by the following: / “2. The responsible Member State shall investigate all cases where: / (a) there is more than a 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 or the farm and the number of fish estimated by the ICCAT regional observer, or by the CPC national observer, as appropriate; / (b) the ICCAT regional observer has not signed the ITD; / The margin of error of 10 % referred to in point (a) shall be expressed as a percentage of the master of the catching or towing vessel or operator of the trap or the farm figures; / 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; / 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 at the farm 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 autho…

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Regulation (EU) 2023/2053

Removed:Regulation (EU) XX/2023

Added: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:Article 2 – paragraph 1 – point 1 w (new), Article 45 a (new): (1w) 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.”

Added:Regulation (EU) 2023/2053

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added: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…

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Changed:Regulation (EU) XX/20232023/2053

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Changed:Article 2 – paragraph 1 – point 1 xz (new), Article 45 bc (new): (1x)(1z) The following Articlearticle is inserted: / “Article 45b45c / GeneralUnique provisionsidentifying number / 1. Each farm Member State shallBefore nominatethe astart singleof competentthe authoritybluefin responsibletuna forfishing coordinatingcampaign, the collectionfarm andCPC verificationcompetent ofauthority informationshall onassign Membera States’unique cagingand activities,identifiable fornumber theto controleach ofcage farmassociated activitiesto conductedfarms under its jurisdiction, and forincluding reportingthose tocages andused cooperatingto withtransport the Member States and CPC competent authorities whose flag vessels or trapfish caughtto the caged tuna.farm. / 2. All bluefin tuna fishery and farmCage activitiesnumbers shall be subject toissued thewith controla describedunique inidentifying thenumber monitoring,that controlincludes andat inspectionleast planthe submittedalpha-3 undercode Articlecorresponding 15.to /the 3.farming Member StatesState involvedfollowed inby cagingthree relatednumbers. activitiesUnique cage numbers shall exchangebe informationpermanent and cooperatenot totransferable ensurefrom thatone thecage numberto andanother. weight/ of3. bluefinThe tunaunique intendedcage fornumbers cagingshall arebe accurate,stamped consistentor withpainted theon catchtwo amountsopposite reportedsides byof the purse seinering vesselof orthe trap,cage and declared inabove the relevantwater sectionsline, ofin thea eBCD.color /contrasting 4.with Farmthe Memberbackground Stateson shallwhich ensurethey thatare farmpainted operatorsor maintainstamped, atand allmust timesbe anvisible accurateand schematiclegible planat ofany theirtime farms,for indicatingcontrol thepurposes. uniqueThe numberheight of all cages and their individual position on the farm. Theletters updatedand plannumbers shall be made available at all times toleast the20 farmcentimetres Memberwith Statea competentline authoritythickness forof controlat purposesleast and4 tocentimetres. the/ ICCAT4. regionalAlternative observermethods deployedto onmark the farm. Anyunique modificationnumber toon the schematic plan iscage subjectare toallowed, priorproviding notificationthey tooffer the farm Member State competent authority. The schematicsame farmingguarantee planof shallvisibility, belegibility adaptedand any…inviolability.”

Change 83

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Regulation (EU) 2023/2053

Removed:Regulation (EU) XX/2023

Added: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 …

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Removed:Article 2 – paragraph 1 – point 1 y (new), Article 45 c (new): (1y) 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 numbering system 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.”

Added:Regulation (EU) 2023/2053

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added: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.”

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Changed:Regulation (EU) XX/20232023/2053

Change 85

Changed:Article 2 – paragraph 1 – point 12 za (new), Article 4546 db (new): (1z)(2a) The following Articlearticle is inserted: / “Article 45d46b / Caging authorisationoperations / 1. Each caging operation isAt subjectarrival toof the procedure settowing outvessel in paragraphs 2 to 4. / 2. The farms operator shall request athe cagingvicinity authorisationof issuedthe byfarm, the farm Member State competent authority includingshall ensure that the followingtowing information:vessel /concerned (a)is themaintained numberat anda weightdistance of fishminimum to1 benautical cagedmile asfrom referredany tofacility inof the transfer declaration (ITD); /farm (b)until the relevant transfer declarationsfarm (ITD);Member /State (c)competent theauthority eBCD(s)is referencephysically concerned,present; asthe confirmedposition and validatedactivity byof the catching flagrelevant ortowing trapvessels Membershall Statebe ormonitored CPCat competentall authority;times. / (d) all2. theMember reportsStates ofcompetent fishauthorities thatshall dienot duringauthorise transport,the dulystart recordedof inthe accordancecaging withoperation Annexwithout XIII.the /presence 3.of Thethe farm Member State competent authority shalland notifythe ICCAT regional observer and before the informationcatch inand paragraphlive 2trade tosections of the relevanteBCD have been completed and validated by the catching flag or trap Member StateStates or CPC(s)CPC competent authority(ies),authority(ies). and/ shall3. askThe foranchoring confirmationof thattransport thecages cagingas operationfarm cancages, bewithout authorised.movement /of 4.fish Withinto 3allow workingstereoscopic days,camera therecording catchingis flagprohibited. or/ trap4. MemberAfter Statetransfer orof CPC(s)the competentbluefin authority(ies)tuna shallfrom notifythe towing cage to the farm cage, the farm Member State orcontrol CPCauthority competentshall authorityensure that thefarm cagingcages operationcontaining concernedbluefin cantuna beare authorisedsealed orat mustall betimes. refused.Unsealing Inwill theonly casebe ofpossible refusal,in the flagpresence orof trapthe farm Member State competent authority shalland specifyfollowing theits reason(s)authorisation. forThe thefarm refusal,Member andState thecontrol refusalauthority shall includeestablish protocols for the consequentsealing releaseof order.farm /cages, 5.ensuring Thethe farmuse Memberof Stateofficial shallseals issueand thethat cagingthese authorisationseals immediatelyare afterplaced receiptin ofsuch thea confirmationway bythat thethey catchingprevent flagthe o…opening of…

Change 86

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Regulation (EU) 2023/2053

Removed:Regulation (EU) XX/2023

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

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Removed:Article 2 – paragraph 1 – point 2, Article 46: deleted / (deleted) / (deleted)

Added:Regulation (EU) 2023/2053

Removed:Provision already included in Regulation (EU)XX/2022

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

Change 87

Changed:Regulation (EU) XX/20232023/2053

Change 88

Changed:Article 2 – paragraph 1 – point 2 ad (new), Article 46:49: (2a)(2d) Article 4649 is replaced by the following: / “Article 4649 / RefusalRecording of anthe authorisationcaging /operation Theby competentcontrol authoritycameras ofand thecaging declaration / 1. Member StateStates responsible for thefarms catchingshall vesselensure orthat trapcaging operations shall refusebe tomonitored approveby thetheir cagingcontrol ifauthorities itusing considersboth that:conventional /and (a)stereoscopic thecamera’s. catchingVideo vesselfootages orrecords trapshall whichbe caughtproduced for each caging operation in accordance with the fishprocedures hadset notout ain sufficientAnnex quotaX. to/ cover2. If the bluefinquality tunaof tothe becontrol caged;camera /video (b)footage used to determine the quantitynumber and/or weight of fishthe tobluefin betuna caged hasdoes not beencomply dulywith reportedthe byminimum thestandards catchingof vesselAnnex orX, trap;the orfarm /Member (c)State thecompetent catchingauthority vesselshall ororder trapa declaredcontrol tocaging haveuntil caughtthe determination of the fishnumber doesand/or notweight haveis apossible. validThe authorisationrepetition toof fishthe forcaging bluefinoperation tuna,shall issuednot inbe accordancesubject withto Articlea 26.new caging authorisation. / 3. In the eventcase thatof control caging, the farm Member State responsiblecompetent forauthority shall ensure that the catchingdonor vesselfarm orcage trapis refusessealed and that the cage cannot be manipulated prior to approvethe new caging operation. The receiving farm cage(s) used in the caging,control itcaging shall:shall be empty. / (a)4. informAt the competent authoritycompletion of the caging operation, the farm Member State orcompetent CPCauthority responsibleshall forensure that the farm;ICCAT regional observer has immediate access to all stereoscopic and /conventional (b)camera requestvideo thatfootage(s), competentand authorityis allowed to proceedmake a copy if it intends to thecomplete seizureits task of analysing the catchesfootage andat theanother releasetime ofor theplace. fish/ into5. theMember sea.”States responsible for farms shall ensur…

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Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Change 90

Changed:Regulation (EU) XX/20232023/2053

Change 91

Changed:Article 2 – paragraph 1 – point 2 be (new), Article 4650: b(2e) (new):Article (2b)50 Theis followingreplaced Articleby isthe inserted:following: / “Article 46b50 / Caging1. operationsWhen, /for 1.a Atsingle arrivalcatching ofoperation, the towingnumber vesselof inbluefin thetuna vicinitybeing ofcaged theas farm,communicated by the farm Member State competent authority shallin ensureaccordance thatwith theArticle towing50(2) vessel, concerneddiffers isby maintainedmore atthan a10 distance% offrom minimumthose 1reported nauticalin milethe fromITD anyor facilityeBCD ofas thecaught farmand/or untiltransferred, the farmcatching flag or trap Member State competent authority is physically present;shall theinitiate positionan andinvestigation activityto ofdetermine the relevantaccurate towingcatch vesselsweight that shall be monitored at all times. / 2. Memberdeducted Statesfrom competentthe authoritiesnational shallbluefin nottuna authorisequota. theIn startsupport of the caging operationthis withoutinvestigation, the presencecatching offlag theor farmtrap Member State competent authority and the ICCAT regional observershall andrequest beforeall the catchcomplementary andinformation liveand tradethe sectionsresults of the eBCD haverelevant beenvideo completedfootage andanalysis validatedconducted by the catching flag orand trapfarm Member States or CPCState competent authority(ies).authority /that 3.have Thebeen anchoringinvolved ofin transportthe cagestransport asand farmthe cages,caging withoutoperation movementconcerned. ofAll fishcompetent toauthorities, allowincluding stereoscopicthose camerawhose recordingvessels ishave prohibited.been /involved 4.in Afterthe transfertransport of the bluefin tunafish, fromshall thecooperate towingactively, cageincluding tothrough the farm cage,exchange theof farmall Memberinformation Stateand controldocumentation authorityat shalltheir ensuredisposal. thatThe farmcatching cagesflag containingor bluefintrap tunaMember areState sealedcompetent atauthority allshall times.conclude Unsealingthe willinvestigation onlywithin be1 possiblemonth infrom the presencecommunication of the farmcaging Memberresults Stateby the competent authority and following its authorisation.of Thethe farm Member StateState.[para control177] authorityA shalldifference establishgreater protocolsthan for10 % between the sealingnumber of farmbluefin cages,tuna ensuringreported caught by the usevessel ofor officialtrap sealsconcerned and that thesethe sealsnumber aredetermined placedby inthe suchcatching aflag wayor thattrap theyMember preventState thecompetent openingauthority of…as…

Change 92

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Change 93

Changed:Regulation (EU) XX/20232023/2053

Change 94

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

Added:Article 2 – paragraph 1 – point 2 f (new), Article 51: (2f) Article 51 is amended as follows: / (a) paragraph 1 is replaced by the following: / “1. The farm Member State competent authority shall determine the number and weight of bluefin tuna being caged, by analysing the video footage of each caging operation provided by the farm operator. To carry out this analysis, the authorities shall follow the procedures set out in Annex XIV. When there is a difference of more than 10 % between the number and/or the weight determined by the farm CPC competent authority and the corresponding figures reported in the caging declaration, the farm Member State competent authority shall launch an investigation to identify the reasons for the discrepancy, and make the eventual adjustment to the number and/or weight of fish that has been caged. The margin of error of 10 % referred to above shall be expressed as a percentage of the farm operator’s figures. After the completion of a caging operation or, in the case of a JFO or traps of a same EU Member State, of the last caging operation associated to that JFO or those traps, Member States responsible for the farm shall communicate the results of this programme to the Member State or CPC responsible for the catching vessels or trap in accordance with point 2 a) and b) of Annex XI.”; / (b) the following paragraphs are inserted: / “3a. Each Member State responsible for farms shall submit the procedures and results related to the stereoscopic camera programme (or alternative methods) to the Commission…

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Change 95

Changed:Regulation (EU) XX/20232023/2053

Change 96

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

Added:Article 2 – paragraph 1 – point 2 g (new), Article 52: (2g) Article 52 is replaced by the following: / “Article 52 / Releases associated to caging operations / The determination of the fish to be released shall be done in accordance with the provisions of Annex XI, paragraph 4. If the weight of bluefin tuna being caged is in excess of what had been declared as caught and/or transferred, the catching flag or trap CPC competent authority shall issue a release order and communicate it without delay to the farm CPC competent authority concerned. The release order shall follow the provisions of Annex IX, paragraph 4, taking into account the possible compensation at the JFO or trap level, in accordance with Annex IX, paragraph 5. The release operation shall be conducted in accordance with the protocol set out in Annex XII.“ / (deleted) / (deleted)

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

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Changed:Regulation (EU) XX/20232023/2053

Change 98

Removed:Article 2 – paragraph 1 – point 2 e (new), Article 49: (2e) 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 authorization. / 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…

Added:Article 2 – paragraph 1 – point 2 h (new), Article 53: (2h) Article 53 is deleted.

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Regulation (EU) 2023/2053

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Removed:Regulation (EU) XX/2023

Added:Article 2 – paragraph 1 – point 2 i (new), Article 54: (2i) Article 54 is deleted.

Removed:Article 2 – paragraph 1 – point 2 f (new), Article 50: (2f) Article 50 is replaced by the following: / “Article 50 / Launching and conduct of investigations / 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 o…

Added:Regulation (EU) 2023/2053

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Article 2 – paragraph 1 – point 2 j (new), Article 55: (2j) Article 55 is deleted.

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Changed:Regulation (EU) XX/20232023/2053

Change 100

Changed:Article 2 – paragraph 1 – point 2 gk (new), ArticleSection 51:7 (2g)a Article(new): 51(2k) isThe amendedfollowing asSection follows:is /inserted: (a)/ the“SECTION title7a is/ replacedHARVESTING by/ theArticle following:56a / “ArticleHarvesting 51operations / Measures1. andProcessing programmesvessels intending to estimateoperate thein numberfarms andor weighttraps ofshall bluefinsend tunaa prior notification to bethe caged”;farm /or (b)trap paragraphMember 1State isat replacedleast by48 thehours following:before /arrival “1.of Thethe farmvessel Memberto Statethe competentfarm/trap authorityarea. shallThe determineprior thenotification numbershall andat weightleast ofinclude bluefinthe tunadate beingand caged,estimated bytime analysingof thearrival videoand footageinformation ofas eachto cagingwhether operationthe providedprocessing byvessel thealready farmhas operator.bluefin Totuna carryon outboard, thisand, analysis,if theso, authoritiesprovide shalldetails followon the procedurescargo, setincluding outquantities in Annexprocessed XIV.weight Whenand therelive isweight aand differencedetails of more than 10 % between the numberorigin and/orof the weight determinedbluefin bytuna theon farmboard CPC(farm/trap competentand authorityCPC) and/ the2. correspondingAny figuresharvesting reportedoperation in thefarms cagingor declaration,traps theshall farmbe Membersubject Stateto competentan authorityauthorisation shallby launchthe anfarm investigationor totrap identifyMember theState. reasonsTo forthis theend, discrepancy,the andfarm makeor thetrap eventualoperator adjustmentintending to the numberharvest and/orbluefin weighttuna ofshall fishsubmit thatto hasits beenMember caged.State Thea marginrequest, ofwhich errorshall ofinclude 10at %least referredthe tofollowing aboveinformation: shalldate beor expressedperiod asof aharvesting; percentageestimated ofquantities theto farmbe operator’sharvested figures.in Afternumber theof completionindividuals ofand akg; cagingeBCD operationnumber or,associated inwith the casebluefin oftuna ato JFObe orharvested; trapsdetails of a same EUauxiliary Membervessels State,involved ofin the last cagingoperation; operationdestination associatedof toharvested thattuna JFO(processing orvessel, thoseexport, traps,local Membermarket, Statesetc.). responsible/ for3. theExcept farmfor shallindividuals communicateof thebluefin resultstuna ofwhich thisare programmeclose to thedying, Memberno Stateharvesting oroperation CPCshall responsiblebe forauthorised before the catchingresults vesselsof orthe trapquota uptake in accordance with point 2 a) and b)Article of51 Annexhas XI.”;been /determined, (c)and the following paragraphsassociated arereleases inserted:have /been “3a.conducted. Each/ Member4. State…Harv…

Change 101

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Regulation (EU) 2023/2053

Removed:Regulation (EU) XX/2023

Added:Article 2 – paragraph 1 – point 2 l (new), Section 7 b (new): (2l) The following Section is inserted: / “SECTION 7b / CONTROL ACTIVITIES IN THE FARMS AFTER CAGING / Article 56b / Intra-farms transfers / 1. Intra-farm transfer shall not take place without the authorisation and the presence of the farm CPC competent authority. Each transfer shall be recorded by control cameras to confirm the number of bluefin tuna individuals transferred. The video footage shall comply with the minimum standards as laid down in Annex X. The farm CPC competent authority shall monitor and control those transfers, including ensuring that each intra-farm transfer is recorded in the eBCD system. / 2. Notwithstanding the definition of caging in Article 5, point (31), the relocation of bluefin tuna between two different locations on the same farm (intra-farm transfer) using a transport cage, shall not be considered caging for the purposes of the requirements set out in Section 7. / 3. During intra-farm transfers, regrouping fish of the same flag origin and the same JFO, may be authorised by the farm Member State competent authority, providing that traceability and the applicability of SCRS’s growth rates, are maintained. / 4. The farm Member State competent authority and the farm operator shall retain the video footages from intrafarm transfers undertaken in farms under their jurisdiction for a minimum of three years and keep the information as long as necessary for enforcement purposes. / Article 56c / Carry-over / 1. Prior to the beginning of the next purse se…

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Removed:Article 2 – paragraph 1 – point 2 h (new), Article 52: (2h) Article 52 is replaced by the following: / “Article 52 / Releases associated to caging operations / The determination of the fish to be released shall be done in accordance with the provisions of Annex XI, paragraph 4. If the weight of bluefin tuna being caged is in excess of what had been declared as caught and/or transferred, the catching flag or trap CPC competent authority shall issue a release order and communicate it without delay to the farm CPC competent authority concerned. The release order shall follow the provisions of Annex IX, paragraph 4, taking into account the possible compensation at the JFO or trap level, in accordance with Annex IX, paragraph 5. The release operation shall be conducted in accordance with the protocol set out in Annex XII.“

Added:Regulation (EU) 2023/2053

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Article 2 – paragraph 1 – point 2 m (new), Article 57: (2m) Article 57 is amended as follows: / (a) paragraph 1 is replaced by the following: / “1. By way of derogation from Article 9 of Regulation (EC) No 1224/2009, flag Member States shall implement vessel monitoring systems (VMS) for all fishing vessels flying their flag with a length of 12 metres overall or more and for all towing vessels, irrespective of their length. All vessels referred to in the first subparagraph shall transmit vessel position data at least once every two hours, except for towing vessels and purse seine vessels who shall transmit at least every hour.”; / (b) paragraph 2 is replaced by the following: / "2. Fishing vessels referred to in point (b) of Article 26(1) shall begin to transmit VMS data to ICCAT at least 5 days before their period of authorisation and shall continue at least 5 days after their period of authorisation, unless a request is sent in advance to the Commission for the vessel to be removed from the ICCAT record of vessels.”; / (c) in paragraph 5, point (a) is replaced by the following: / “(a) VMS data from the fishing vessels flying their flag shall be forwarded to the Commission as provided for in paragraph 1.”; / (d) In paragraph 5, the following point is added : / “(ba) in the event of technical malfunctioning of the VMS, the towing vessel concerned shall be replaced by another towing vessel with a fully functioning VMS. If no other towing vessel is available, a new operative VMS system shall be installed on board or used if already …

Removed:Regulation (EU) XX/2023

Removed:Article 2 – paragraph 1 – point 2 i (new), Article 53: (2i) Article 53 is deleted.

Added:Regulation (EU) 2023/2053

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Article 2 – paragraph 1 – point 2 n (new), Article 59 – title: (2n) In Article 59, the title is is replaced by the following: / “Inspections in the event of suspected infringements”

Removed:Regulation (EU) XX/2023

Removed:Article 2 – paragraph 1 – point 2 j (new), Article 54: (2j) Article 54 is deleted.

Added:Regulation (EU) 2023/2053

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Article 2 – paragraph 1 – point 2 o (new), Article 61: (2o) Article 61 is replaced by the following: / “Article 61 / Without prejudice to Articles 89 to 91 of Regulation (EC) No 1224/2009, and in particular the duty of Member States to take appropriate enforcement measures with respect to a fishing vessel, the Member State responsible for the farm(s) for bluefin tuna shall take appropriate enforcement measure with respect to a farm, where it has been established, in accordance with its national law, that this farm does not comply with the provisions of Articles 45 to 55. The measures may include, depending on the gravity of the offense and in accordance with the pertinent provisions of national law, suspension the authorisation or withdrawal from the ICCAT Record of Bluefin Tuna Farming Facilities established in accordance with paragraph 61 of Recommendation 22-08 and/or fines.”

Removed:Regulation (EU) XX/2023

Removed:Article 2 – paragraph 1 – point 2 k (new), Article 55: (2k) Article 55 is deleted.

Added:Regulation (EU) 2023/2053

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Added:Article 2 – paragraph 1 – point 2 p (new), Article 66 – paragraph 1: (2p) In Article 66, paragraph 1 is amended as follows: / (a) points (a), (b) and (c) are replaced by the following: / “(a) annual carryover under Article 8 for bluefin tuna; / (b) deadlines for reporting information as laid down in Article 15(7), Article 16(1), Article 24(4), Article 26(1), Article 29(1), Article 32(2) and (3), Article 35(5) and (6), Article 36, Article 41(3), Article 44(2), Article 51(7), Article 52(12), Article 55, Article 57(5), point (b), and Article 58(6); / (c) time periods for fishing seasons as provided for in Article 17(1) to (4).”; / (b) The following points are added: / “(ka) content of carry-over declaration of Article 7(1), point (a), and provisions for caging of Article 7(2), point (b)”; / (kb) the derogations of Article 17(2) to designate fishing areas, fishing vessels and gear, and of Article 17(3) for fishing bluefin tuna for farming purposes; / (kc) conditions for assigning Regional Observer to farms of Article 39(4); / (kd) the Member States’ duties and the content of the annual caging report referred to in Article 55.”

Removed:Regulation (EU) XX/2023

Removed:Article 2 – paragraph 1 – point 2 l (new), Section 7a (new): (2l) The following Section is added: / “SECTION 7a / HARVESTING / Article 56a / Harvesting operations / 1. Processing vessels intending to operate in farms or traps shall send a prior notification to the farm or trap Member State at least 48 hours before arrival of the vessel to the farm/trap area. The prior notification shall at least include the date and estimated time of arrival and information as to whether the processing vessel already has bluefin tuna on board, and, if so, provide details on the cargo, including quantities in processed weight and live weight and details of the origin of the bluefin tuna on board (farm/trap and CPC) / 2. Any harvesting operation in farms or traps shall be subject to an authorisation by the farm or trap Member State. To this end, the farm or trap operator intending to harvest bluefin tuna shall submit to its Member State a request, which shall include at least the following information: - date or period of harvesting; - estimated quantities to be harvested in number of individuals and kg; - eBCD number associated with the bluefin tuna to be harvested; - details of auxiliary vessels involved in the operation; - destination of harvested tuna (processing vessel, export, local market, etc.). / 3. Except for individuals of bluefin tuna which are close to dying, no harvesting operation shall be authorized before the results of the quota uptake in accordance with Article 51 has been determined, and the associated releases have been conducted. / …

Added:Article 2 – paragraph 1 – point 2 q (new): (2q) The text set out in the Annex to this Regulation is inserted as Annexes XVa, XVb and XVc to Regulation (EU) 2023/2053.

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Removed:Regulation (EU) XX/2023

Removed:Article 2 – paragraph 1 – point 2 m (new), Section 7b (new): (2m) The following Section is added: / “SECTION 7b / CONTROL ACTIVITIES IN THE FARMS AFTER CAGING / Article 56b / Intra-farms transfers / 1. Intra-farm transfer shall not take place without the authorization and the presence of the farm CPC competent authority. Each transfer shall be recorded by control cameras to confirm the number of bluefin tuna individuals transferred. The video footage shall comply with the minimum standards as laid down in Annex X. The farm CPC competent authority shall monitor and control those transfers, including ensuring that each intra-farm transfer is recorded in the eBCD system. / 2. Notwithstanding the definition of caging in Article 5, point (31), the relocation of bluefin tuna between two different locations on the same farm (intra-farm transfer) using a transport cage, shall not be considered caging for the purposes of the requirements set out in Section 7. / 3. During intra-farm transfers, regrouping fish of the same flag origin and the same JFO, may be authorised by the farm Member State competent authority, providing that traceability and the applicability of SCRS’s growth rates, are maintained. / 4. The farm Member State competent authority and the farm operator shall retain the video footages from intrafarm transfers undertaken in farms under their jurisdiction for a minimum of three years and keep the information as long as necessary for enforcement purposes. / Article 56c / Carry-over / 1. Prior to the beginning of the next purse seine…

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Removed:Regulation (EU) XX/2023

Removed:Article 2 – paragraph 1 – point 2n (new), Article 57: (2n) Article 57 is amended as follows: / (a) paragraph 1 is replaced by the following: / “1. By way of derogation from Article 9 of Regulation (EC) No 1224/2009, flag Member States shall implement vessel monitoring systems (VMS) for all fishing vessels flying their flag with a length of 12 metres overall or more and for all towing vessels, irrespective of their length. All vessels referred to in the first subparagraph shall transmit vessel position data at least once every two hours, except for towing vessels and purse seine vessels who shall transmit at least every hour.”; / (b) paragraph 2 is replaced by the following: / "2. Fishing vessels referred to in point (b) of Article 26(1) shall begin to transmit VMS data to ICCAT at least 5 days before their period of authorisation and shall continue at least 5 days after their period of authorisation, unless a request is sent in advance to the Commission for the vessel to be removed from the ICCAT record of vessels.”; / (c) in paragraph 5, point (a) is replaced by the following: / “(a) VMS data from the fishing vessels flying their flag shall be forwarded to the Commission as provided for in paragraph 1.”; / (d) In paragraph 5, the following point is added : / “(ba) in the event of technical malfunctioning of the VMS, the towing vessel concerned shall be replaced by another towing vessel with a fully functioning VMS. If no other towing vessel is available, a new operative VMS system shall be installed on board or used if already …

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Removed:Regulation (EU) XX/2023

Removed:Article 2 – paragraph 1 – point 2 o (new), Article 59 – title: (2o) In Article 59, the title is is replaced by the following: / “ Inspections in the event of suspected infringements”

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Removed:Regulation (EU) XX/2023

Removed:Article 2 – paragraph 1 – point 2 p (new), Article 61: (2p) Article 61 is replaced by the following: / “Article 61 / Enforcement / Without prejudice to Articles 89 to 91 of Regulation (EC) No 1224/2009, and in particular the duty of Member States to take appropriate enforcement measures with respect to a fishing vessel, the Member State responsible for the farm(s) for bluefin tuna shall take appropriate enforcement measure with respect to a farm, where it has been established, in accordance with its national law, that this farm does not comply with the provisions of Articles 45 to 55. The measures may include, depending on the gravity of the offense and in accordance with the pertinent provisions of national law, suspension the authorization or withdrawal from the ICCAT Record of Bluefin Tuna Farming Facilities established in accordance with paragraph 61 of Recommendation 22-08 and/or fines.”

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and Mediterranean

Removed:Regulation (EU) XX/2023

Removed:Article 2 – paragraph 1 – point 2 q (new), Article 66 – paragraph 1: (2q) In Article 66, paragraph 1 is amended as follows: / (a) points (a), (b) and (c) are replaced by the following: / “(a) annual carryover under Article 8 for bluefin tuna; / (b) deadlines for reporting information as laid down in Article 15(7), Article 16(1), Article 24(4), Article 26(1), Article 29(1), Article 32(2) and (3), Article 35(5) and (6), Article 36, Article 41(3), Article 44(2), Article 51(7), Article 52(12), Article 55, Article 57(5), point (b), and Article 58(6); / (c) time periods for fishing seasons as provided for in Article 17(1) to (4).”; / (b) The following points are added: / “(ka) content of carry-over declaration of Article 7(1), point (a), and provisions for caging of Article 7(2), point (b)”; / (kb) the derogations of Article 17(2) to designate fishing areas, fishing vessels and gear, and of Article 17(3) for fishing bluefin tuna for farming purposes; / (kc) conditions for assigning Regional Observer to farms of Article 39(4); / (kd) the Member States’ duties and the content of the annual caging report referred to in Article 55.”

Removed:ICCAT recommendation 22-08 amends recommendation 21-08 establishing a multiannual management plan for bluefin tuna

Removed:Article 2 – paragraph 1 – point 2 r (new): (2r) The text set out in the Annex to this Regulation is inserted as Annexes XVa, XVb and XVc to Regulation (EU) XX/2023.

Change 102

Changed:Regulation (EU) XX/20232023/2053

Change 103

Changed:Regulation (EU) XX/20232023/2053

Change 104

Changed:Regulation (EU) XX/20232023/2053