What changed between the draft committee report and the plenary report

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…

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 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…

Change 81

Changed:Regulation (EU) XX/20232023/2053

Change 82

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 …

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.”

Change 84

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.

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…

Change 89

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 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

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

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

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

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

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

Change 97

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

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.

Change 99

Changed:Regulation (EU) XX/20232023/2053