What changed between the draft committee report and the plenary report

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.”

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

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. ”

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

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.”

Change 51

Changed:Regulation (EU) XX/20232023/2053

Change 52

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)

Change 53

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

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

Change 54

Changed:Regulation (EU) XX/20232023/2053

Change 55

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.”

Change 56

Removed:ICCAT recommendation 22-08, page 16

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

Change 57

Changed:Regulation (EU) XX/20232023/2053

Change 58

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.”

Change 59

Removed:ICCAT recommendation 22-08, page 16

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

Change 60

Changed:Regulation (EU) XX/20232023/2053

Change 61

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.”.

Change 62

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

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

Change 63

Changed:Regulation (EU) XX/20232023/2053

Change 64

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……

Change 65

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

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

Change 66

Changed:Regulation (EU) XX/20232023/2053

Change 67

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…

Change 68

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

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

Change 69

Changed:Regulation (EU) XX/20232023/2053

Change 70

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 …

Change 71

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

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

Change 72

Changed:Regulation (EU) XX/20232023/2053

Change 73

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 …

Change 74

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

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

Change 75

Changed:Regulation (EU) XX/20232023/2053

Change 76

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; …

Change 77

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

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

Change 78

Changed:Regulation (EU) XX/20232023/2053

Change 79

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…

Change 80

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…