What changed

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

– having regard to Rule 60 of its Rules of Procedure,

– having regard to the report of the Committee on Fisheries (A100000/2024),(A10-0150/2025),

1. Adopts its position at first reading hereinafter set out;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

✦ Adds recitals on the GFCM Agreement framework, binding recommendations, timely implementation, coherence with eel rules, and recent GFCM recommendations, while dropping recitals on earlier recommendations.

Recital 7: (7) At its annual session in 2021, the GFCM adopted Recommendation GFCM/44/2021/2 on the establishment of a fisheries restricted area in the Jabuka/Pomo Pit in the Adriatic sea, amending Recommendation GFCM/41/2017/3.

Recital 1: (1) The Agreement for the establishment of the General Fisheries Commission for the Mediterranean (“the GFCM Agreement”) provides an appropriate framework for multilateral cooperation to promote the development, conservation, rational management and best utilisation of living marine resources in the Mediterranean and the Black Sea at levels which are considered sustainable and at low risk of collapse, and which are consistent with the best scientific advice available and take into account regularly reviews of the socioeconomic aspects of the fishing industry.

Deletion to avoid confusion for readers as GFCM/44/2021/5 was repealed by GFCM/46/2023/1

Recital 3: (3) Recommendations adopted by the General Fisheries Commission for the Mediterranean (GFCM) are binding on its contracting parties. Those recommendations are thus binding on the Union and should therefore be implemented into Union law in such a way as to ensure a level playing field for Union operators vis-à-vis operators from other GFCM contracting parties, unless the recommendations are already covered by existing regulations. The Union is to ensure that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law, while promoting fair competition between Union operators and third-country operators. GFCM Recommendations must therefore be strictly transposed, in order to establish a level playing field for all operators, without burdening them beyond the legal obligations set by the GFCM recommendations.

Recital 9: (9) At its annual session in 2021, the GFCM also adopted Recommendation GFCM/44/2021/14 on the mitigation of fisheries impacts for the conservation of sea turtles, Recommendation GFCM/44/2021/15 on the mitigation of fisheries impacts for the conservation of cetaceans and Recommendation GFCM/44/2021/16 on additional mitigation measures for the conservation of elasmobranchs in the Mediterranean Sea.

Recital 3 a (new): (3a) It is important for the Union to implement its international obligation in a timely and correct manner in order to provide predictability to the operators and to ensure that the Union is a reliable international partner. To achieve this, it is of high importance that the relevant Union institutions work together effectively in a well-functioning cooperation, to ensure a strong negotiating positions that after adoption at the GFCM can be swiftly implemented into Union law. Reduction of the current delay of transposition of the Union’s international obligations must be tackled in a more expeditious manner.

Recital 23 a (new): (23a) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/1 on the establishment of a fisheries restricted area in the Gulf of Lion (geographical subarea 7) to protect spawning aggregations and deep-sea sensitive habitats, repealing Recommendation

Recital 4 a (new): (4a) In order to enhance the coherence and efficiency of measures in relation to European eel (Anguilla anguilla) adopted by the GFCM, these rules should be seen together with other Union regulations also covering the freshwater part of the life cycle of European eels, including in transitional and brackish waters, such as lagoons and estuaries, in accordance with Article 10(2), point (c), of Regulation (EU) No 1380/2013 of the European Parliament and the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC, together with provisions set in Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel.

Recommendation GFCM/46/2023/1 repealed Recommendation GFCM/44/2021/5

Recital 13: deleted

Recital 23 b (new): (23b) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/2 on the definition of a minimum conservation reference size for giant red shrimp and blue and red shrimp in the Strait of Sicily (geographical subareas 12 to 16).

Recital 14: deleted

Justification: Recommendation GFCM/46/2023/2

Recital 23 a (new): (23a) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/16 on a long-term management plan for European eel in the Mediterranean Sea, repealing Recommendations GFCM/42/2018/1 and GFCM/45/2022/1.

✦ Replaces a recital on minimum conservation reference size for shrimp with one on long-term measures for red coral, amending and repealing other recommendations.

Recital 23 cb (new): (23c)(23b) At its annual session in 2023,2024, the GFCM also adopted Recommendation GFCM/46/2023/3GFCM/47/2024/2 on the definition of a minimum conservation referencelong-term sizemeasures for giant red shrimpthe andsustainable blueexploitation andof red shrimpcoral, inamending theRecommendation IonianGFCM/43/2019/4 Seaand (geographicalrepealing subareasRecommendations 19GFCM/45/2022/2 toand 21).GFCM/46/2023/13.

✦ Adds a recital on additional remedial measures for blackspot seabream in the Alboran Sea.

Recommendation GFCM/46/2023/3

Recital 23 c (new): (23c) At its annual session in 2024, the GFCM also adopted Recommendation GFCM/47/2024/3 on the adoption of additional remedial measures for blackspot seabream in the Alboran Sea (geographical subareas 1–3), amending Recommendation GFCM/45/2022/3;

✦ Replaces a recital on minimum conservation reference size for shrimp with one on a fishing effort regime for key demersal stocks in the Adriatic Sea.

Recital 2324 da (new): (23d)(24a) At its annual session in 2023,2024, the GFCM also adopted Recommendation GFCM/46/2023/4GFCM/47/2024/5 on the definitionimplementation of a minimum conservationfishing referenceeffort sizeregime for giant red shrimp and blue andkey reddemersal shrimpstocks in the LevantAdriatic Sea (geographical subareas 2417 toand 27).18) in 2025, stemming from Recommendation GFCM/43/2019/5.

✦ Adds recitals on a fisheries restricted area in the Otranto Channel and on financial support for remote electronic monitoring, while dropping many recitals on 2023 GFCM recommendations.

Recommendation GFCM/46/2023/4

Recital 25 a (new): (25a) At its annual session in 2024, the GFCM also adopted Recommendation GFCM/47/2024/6 on the establishment of a fisheries restricted area in the Otranto Channel (geographical subarea 18), stemming from Recommendation GFCM/43/2019/5 and Resolution GFCM/44/2021/3.

Recital 23 e (new): (23e) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/5 on the extension of the transitional fishing regime and the establishment of catch limits in 2024 for small pelagic stocks in the Adriatic Sea (geographical subareas 17 and 18), stemming from Recommendation GFCM/44/2021/20.

Recital 26 a (new): (26a) Operators may receive financial support from the European Maritime, Fisheries and Aquaculture Fund to equip themselves with remote electronic monitoring systems pursuant to Article 22(2) of Regulation (EU) 2021/1139.

Recommendation GFCM/46/2023/5

Recital 23 f (new): (23f) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/6 on the implementation of a fishing effort regime in 2024 for key demersal stocks in the Adriatic Sea (geographical subareas 17 and 18), stemming from Recommendation GFCM/43/2019/5.

Recommendation GFCM/46/2023/6

Recital 23 g (new): (23g) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/7 on the extension of the multiannual management plan for turbot fisheries in the Black Sea (geographical subarea 29), amending Recommendation GFCM/41/2017/4.

Recommendation GFCM/46/2023/7 amended Recommendation GFCM/41/2017/4

Recital 23 h (new): (23h) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/11 on the mitigation of bottlenose dolphin depredation in small pelagic fisheries in the southern Alboran Sea (geographical subarea 3).

Recommendation GFCM/46/2023/11

Recital 23 i (new): (23i) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/12 on the establishment of a regional fishing capacity management plan.

Recommendation GFCM/46/2023/12

Recital 23 j (new): (23j) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/14 establishing a multiannual management plan for the sustainable exploitation of common dolphinfish in the Mediterranean Sea, repealing Recommendations GFCM/30/2006/2, GFCM/43/2019/1 and GFCM/44/2021/11.

Recommendation GFCM/46/2023/14 repealed Recommendations GFCM/30/2006/2, GFCM/43/2019/1 and GFCM/44/2021/11.

Recital 23 k (new): (23k) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/15 on the revision of the minimum conservation reference size for blackspot seabream in the Alboran Sea (geographical subareas 1 to 3), amending Recommendation GFCM/45/2022/3.

Recommendation GFCM/46/2023/15 amended Recommendation GFCM/45/2022/3

Recital 23 l (new): (23l) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/16 on a multiannual management plan for European eel in the Mediterranean Sea, repealing Recommendations GFCM/42/2018/1 and GFCM/45/2022/1.

Recommendation GFCM/46/2023/16 on a long-term management plan for European eel in the Mediterranean Sea repealed Recommendations GFCM/45/2022/1 and GFCM/42/2018/1.

Recital 23 m (new): (23m) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/17 on an international joint inspection and surveillance scheme for common dolphinfish fisheries outside waters under national jurisdiction in the Mediterranean Sea.

Recommendation GFCM/46/2023/17

Recital 23 n (new): (23n) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/18 on an international joint inspection and surveillance scheme outside waters under national jurisdiction in the Adriatic Sea (geographical subareas 17 and 18).

Recommendation GFCM/46/2023/18

Recital 23 o (new): (23o) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/19 on the establishment of a catch documentation scheme for red coral in the Mediterranean Sea.

Recommendation GFCM/46/2023/19

Recital 23 p (new): (23p) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/20 on the establishment of a catch documentation scheme for turbot in the Black Sea (geographical subarea 29).

Recommendation GFCM/46/2023/20

Recital 23 q (new): (23q) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/21 on vessel sightings, amending Recommendation GFCM/44/2021/21.

Recommendation GFCM/46/2023/21 amended GFCM/44/2021/21

Recital 23 r (new): (23r) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/22 on a GFCM schedule addressing compliance issues and corresponding actions, repealing Resolutions GFCM/44/2021/13 and GFCM/43/2019/5.

Recommendation GFCM/46/2023/22

Recital 23 s (new): (23s) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/23 clarifying the application of compliance recommendations and establishing a compliance and capacity inventory to support the work of the Compliance Committee.

Recommendation GFCM/46/2023/23

Recital 23 t (new): (23t) At its annual session in 2023, the GFCM also adopted Recommendation GFCM/46/2023/24 on the establishment of a list of vessels presumed to have carried out illegal, unreported and unregulated fishing, amending Recommendation GFCM/44/2021/19.

Recommendation GFCM/46/2023/24 amended Recommendation GFCM/44/2021/19

Regulation (EU) No 2023/2124

✦ Replaces the definition of 'catch certificate' with a definition of 'designated landing point'.

Article 1 – paragraph 1 – point 1 – point b, Article 3 – point 11: (11) “Catch certificate” means an official document accompanying a consignment and validated by the competent authority, allowing to pass accurate and verifiable information concerning fishery products throughout the supply chain;

Article 1 – paragraph 1 – point 1 – point b, Article 3 – paragraph 1 – point 10: (10) “Designated landing point” means ports, or places close to the shore, offshore terminals and other installations for landing, transhipping, packaging, processing, refuelling or resupplying of fishing vessels, where landings, transhipments, packaging and/or processing operations of fishery products are permitted, designated by the contracting parties and cooperating non-contracting parties under the regional scheme on port state measures to combat illegal, unreported and unregulated fishing activities in the GFCM area of application;

Regulation (EU) No 2023/2124

✦ Replaces the definition of 'catch documentation scheme' with the definition of 'catch certificate'.

Article 1 – paragraph 1 – point 1 – point b, Article 3 – pointparagraph 12:1 (12)– “Catchpoint documentation11: scheme”(11) or“Catch “CDS”certificate” means a systeman establishedofficial indocument accordanceaccompanying witha relevantconsignment internationaland obligations,validated withby the primary purposecompetent ofauthority, helpingallowing to determine, throughoutpass theaccurate supplyand chainverifiable whetherinformation theconcerning fishery product originates from catches that are consistent with applicable national, regional and internationalproducts conservationthroughout andthe managementsupply measures.chain;

Regulation (EU) No 2023/2124

✦ Adds a definition of 'catch documentation scheme' or 'CDS'.

Article 1 – paragraph 1 – point 1 – point b, Article 3 – paragraph 1 – point 12: (12) “Catch documentation scheme” or “CDS” means a system established in accordance with relevant international obligations, with the primary purpose of helping to determine, throughout the supply chain whether the fishery product originates from catches that are consistent with applicable national, regional and international conservation and management measures.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 2, Article 4 – paragraph 1: This Chapter applies to all fishing activities catching European eel (Anguilla anguilla), namely targeted, incidental and recreational fisheries, in all the waters of the Mediterranean Sea as provided for in Annex I, including transitional and brackish waters, such as lagoons and estuaries.

✦ Drops a justification stating that freshwaters are not part of any marine area and that the Union is not compelled to transpose a GFCM recommendation on freshwater fisheries.

Freshwaters are not considered part of any marine area, as they are not sea waters. Consequently, the stock living in fresh waters is not considered a "marine biological resource." The GFCM has exceeded its regulatory authority by adopting a recommendation that extends beyond the GFCM's geographical scope. In accordance with international law, the Union is not compelled to transpose a GFCM recommendation that pertains to freshwater fisheries.

Regulation (EU) No 2023/2124

✦ Changes the traceability system for European eel to cover landings, sales and exports from the authorised landing point to the final destination, and requires member states to keep an up-to-date list of authorised auction halls, bodies or persons.

Article 1 – paragraph 1 – point 2 a (new), Article 12:12 – paragraphs 3 a (new) and 4 a (new): (2a) in Article 1212, the following paragraphs are added: / “4.“3a. Member States shall set up a traceability system for landings, sales and exports allowing the catches to be traced from the authorised landing point to the final destination, whether the specimens are sold alive, dead or transformed. / 5.3b. Member States shall maintain and keep an up-to-date a list of auction halls, bodies or persons authorised by that Member State to undertake the first marketing of European eel.”

✦ Formal Drops a citation of Recommendation GFCM/46/2023/16.

According to GFCM/46/2023/16

Regulation (EU) No 2023/2124

✦ Replaces data collection and fleet capacity provisions with a prohibition on recreational fishing of European eel in all habitats covered by the Regulation.

Article 1 – paragraph 1 – point 3, Article 12a: Data collection / 1. Where IUU fishing is known to occur, data available, including estimates, shall also be transmitted to the GFCM Secretariat. / 2. Member States shall communicate data pertaining to fattening activities to the GFCM Secretariat, in accordance with the deadlines set in Recommendation GFCM/41/2017/1 on the reporting of aquaculture data and information repealing Recommendation GFCM/35/2011/6. / 3. Member States may also transmit to the GFCM Secretariat any additional information on a voluntary basis, if possible, no later than the forty-seventh session of the GFCM.

Article 1 – paragraph 1 – point 3, Article 12a – paragraph 1: Member States shall ensure that recreational fishing of all stages of European eel (glass, yellow, silver) is prohibited in all habitats covered by the scope of this Regulation.”

GFCM/45/2022/1 was repealed by GFCM/46/2023/16

Regulation (EU) 2023/2124

Article 1 – paragraph 1 – point 4, Article 14a: Member States shall ensure that the overall fleet capacity or fishing effort of the fleets, operating with demersal trawls actively fishing for key stocks in terms of gross tonnage (GT), engine power (kW) and number of vessels, as recorded both in national and GFCM registers, does not exceed the number of vessels or fishing effort for otter trawlers fishing deep water shrimps during the years 2014–2017 or over another period of three consecutive years such as 2015-2018 provided that for such period the levels exerted do not go beyond 50% with respect to the 2014-2017 reference period.”;

GFCM/46/2023/12

Regulation (EU) No 2023/2124

✦ Adds a new article on data collection requiring member states to transmit data to the Commission and the Commission to the GFCM Secretariat, and changes the fleet capacity provision to allow an increase of no more than 50%.

Article 1 – paragraph 1 – point 3 a (new), Article 12a a (new): (3a) The following Article is inserted between Article 12 and Article 13: / ‘Article 12aa / Data collection / 1. Member States shall transmit to the Commission, or a body designated by it, the data available, including estimates where IUU fishing is known to occur. The Commission, or a body designated by it, shall transmit the IUU fishing information to the GFCM Secretariat as soon as possible. / 2. Member States shall communicate data pertaining to fattening activities to the Commission by 15 December each year. The Commission shall transmit that data to GFCM Secretariat by 31 December of each year. / 3. On a voluntary basis, Member States may also transmit additional information to the Commission, who shall transmit it to the GFCM Secretariat.’

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 4, Article 14a – paragraph 1: Member States shall ensure that the overall fleet capacity or fishing effort of the fleets, operating with demersal trawls actively fishing for key stocks in terms of gross tonnage (GT), engine power (kW) and number of vessels, as recorded both in national and GFCM registers, does not exceed the number of vessels or fishing effort for otter trawlers fishing deep water shrimps during the years 2014–2017 or over another period of three consecutive years such as 2015-2018 provided that the increase cannot be more than 50% in respect of the 2014-2017 reference period”;

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 7, Article 17 – paragraph 1: 1. Bottom trawlers targeting deep-water giant red shrimp and blue and red shrimp (“deep-water red shrimp”) spawning aggregations shall stop fishing for 30 consecutive days between the months of March and December.

GFCM/45/2022/7

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 9, Article 20 – paragraph 2: 2. Until 8 January 2026, Member States may allow vessels of less than 15 metres to derogate from the first paragraph if they operate exclusively within the waters on the landward side of the outer limit of the territorial seas of the Member State or/and never spend more than 24 hours at sea from the time of departure to the return to port.

✦ Drops a justification on exempting vessels in internal waters and the territorial sea from vessel monitoring system requirements.

This provision allows states to exempt vessels that fish exclusively within the territorial sea from VMS control requirements. The rationale behind this is that vessels operating close to the shore on short trips can be exempted from certain control requirements. In some Member States fishing activities also take place in internal waters closer to the shore, depending on where the baselines of the territorial sea are drawn. In such situations it should be avoided that only vessels operating within the territorial sea are exempt from VMS requirements, while vessels closes to the shoreline are not. The newly proposed wording encompasses both internal waters and the territorial sea.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 9, Article 20 – paragraph 3: Member States shall report immediately to the Commission thesuch derogations as well as the other control means deployed to monitor those vessels. The Commission shall transmit that information to the GFCM Secretariat without delay.”;

✦ Drops provisions on fleet capacity for demersal trawls, a derogation from vessel monitoring system rules for small vessels, and their justification.

Regulation (EU) 2023/2124

Article 1 – paragraph 1 – point 11, Article 23a: Member States shall ensure that the overall fleet capacity of the fleets operating with demersal trawls actively fishing for key stocks does not exceed, in terms of gross tonnage (GT) engine power (kW) and number of vessels, as recorded both in national and GFCM registers, does not exceed the fleet capacity for otter trawlers fishing deep water shrimps in year 2019.

GFCM/45/2022/7

Regulation (EU) 2023/2124

Article 1 – paragraph 1 – point 16, Article 29 – paragraph 2: Until 8 January 2026, Member States may grant a derogation for vessels of less than 15m from the rule in the first paragraph if they operate exclusively within the waters on the landward side of the outer limit of the territorial seas of that Member State or never spend more than 24 hours at sea from the time of departure to the return to port. Member States shall report immediately to the Commission the derogations granted as well as the other control means deployed to monitor those vessels. The Commission shall transmit that information to the GFCM Secretariat without delay.”;

This provision allows states to exempt vessels that fish exclusively within the territorial sea from VMS (Vessel Monitoring System) control requirements. The rationale behind this is that vessels operating close to the shore on short trips can be exempted from certain control requirements. In some Member States fishing activities also take place in internal waters closer to the shore, depending on where the baselines of the territorial sea are drawn. In such situations it should be avoided that only vessels operating within the territorial sea are exempt from VMS requirements, while vessels closes to the shoreline are not. The newly proposed wording encompasses both internal waters and the territorial sea.

Regulation (EU) No 2023/2124

✦ Replaces a provision on management measures for shrimp stocks with a fleet capacity limit for demersal trawls fishing for deep water red shrimps.

Article 1 – paragraph 1 – point 17, Article 30a – paragraph 1: 1. Member States shall adopt fisheries management measures or national management plans under the scope of this section to ensure that the exploitation levels of giant red shrimp and blue and red shrimp stocks, reach and maintain the maximum sustainable yield.

Article 1 – paragraph 1 – point 11, Article 23a – paragraph 1: Member States shall ensure that the overall fleet capacity of the fleets operating with demersal trawls actively fishing for key stocks does not exceed, in terms of gross tonnage (GT) engine power (kW) and number of vessels, as recorded both in national and GFCM registers, does not exceed the fleet capacity for otter trawlers fishing deep water red shrimps in year 2019.

GFCM/45/2022/6 and GFCM/46/2023/3

Regulation (EU) No 2023/2124

✦ Adds a derogation from vessel monitoring system rules for small vessels, a provision on management measures for shrimp stocks, and deletes articles on shrimp management.

Article 1 – paragraph 1 – point 16, Article 29 – paragraph 2: Until 8 January 2026, Member States may grant a derogation for vessels of less than 15m from the rule in the first paragraph if they operate exclusively within the waters on the landward side of the outer limit of the territorial seas of that Member State or never spend more than 24 hours at sea from the time of departure to the return to port. Member States shall report immediately to the Commission the derogations granted as well as the other control means deployed to monitor those vessels. The Commission shall transmit that information to the GFCM Secretariat without delay.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 17 – introductory part, Article 30a – paragraph 1: 1. Member States shall adopt fisheries management measures or national management plans under the scope of this section to ensure that the exploitation levels of giant red shrimp and blue and red shrimp stocks, reach and maintain the maximum sustainable yield.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 17, Article 30b: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 17, Article 30c: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 17, Article 30d: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Article 1 – paragraph 1 – point 22 – introductory part: (22) the following Article is inserted between Article 37 and Article 38:

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 22, Article 37a – paragraph 1: 1. Member States shall adopt fisheries management measures or national management plans under the scope of this section to ensure that the exploitation levels of giant red shrimp and blue and red shrimp stocks, reach and maintain the maximum sustainable yield.

GFCM/45/2022/5

Regulation (EU) No 2023/2124

✦ Replaces a provision on closing areas to red coral fishing with the deletion of an article on red coral.

Article 1 – paragraph 1 – point 23, Article 44 – paragraph 3: 3. When a trigger catch level of red coral as referred to in paragraph 4 has been reached, Member States shall close the area concerned to any red coral fishery on precautionary grounds. The Member State shall immediately inform the Commission. The Commission shall inform as soon as possible the GFCM Secretariat.”;

Article 1 – paragraph 1 – point 22, Article 37b: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Article 1, paragraph 23 of the Proposal, which amends Article 44, paragraph 3 of Regulation (EU) 2023/2124, needs to be aligned with paragraph 22 of GFCM Recommendation GFCM/43/2019/4 for consistent transposition of the provision by adding the currently missing wording: "on precautionary grounds"

Regulation (EU) No 2023/2124

✦ Replaces a provision on the red coral catch documentation scheme with the deletion of an article on red coral.

Article 1 – paragraph 1 – point 24 a (new), Article 55: (24a) Article 55 is replaced by the following: / “1. Member States shall fully implement the red coral Catch Documentation Scheme (CDS) by [the date of entry into force] along the entire supply chain in order to ensure the traceability of red coral (Corallium rubrum) harvested in the Mediterranean Sea and contribute to the fight against illegal, unregulated and unreported (IUU) fishing activities. / (deleted) / (deleted) / (deleted) / 2. The paper-based red coral Catch Documentation Scheme established in paragraph 1 shall be without prejudice to other national traceability systems in force ensuring the same level of control over the traceability of red coral products by Member States. / 3. The paper-based red coral Catch Documentation Scheme applies to first landings, exports and re-exports. Domestic trade is not included in the validation chain. / 4. By way of derogation from paragraph 1, a transitional period of one year is established, during which time red coral stored prior to [the date of entery into force] may be exported or re-exported without a validated catch section in the harvest certificate. / 5. In order to ensure a link between validated Catch Documentation Scheme documents and red coral consignments to which they relate, a labelling system could be established by Member States. / 6. Each consignment of red coral, imported, exported or re-exported from its origin, shall be accompanied by a validated certificate as referred to in the Annex XX or an equivalent do…

Article 1 – paragraph 1 – point 22, Article 37c: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023R2124)

According to GFCM/46/2023/19

Regulation (EU) No 2023/2124

✦ Replaces a fleet capacity provision for bottom trawls with the deletion of an article on red coral.

Article 1 – paragraph 1 – point 29, Article 60a: Member States shall ensure that the overall fleet capacity of the fleets operating with bottom trawls and actively fishing for the key stocks in terms of gross tonnage (GT), engine power (kW) and number of vessels, as recorded both in national and GFCM registers, does not exceed, over the duration of the multiannual management plan the fleet capacity for demersal fisheries in year 2021”;

Article 1 – paragraph 1 – point 22, Article 37d: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

GFCM/45/2022/4

Regulation (EU) No 2023/2124

✦ Replaces a provision on the list of vessels authorised to fish with a provision on closing areas to red coral fishing.

Article 1 – paragraph 1 – point 33 – point -a (new), Article 70 – paragraph 1: (-a) paragraph 1 is replaced by the following: / “1. Member States shall establish a list of vessels flying their flag and authorised to fish for the species listed in Article 66 using means of otter-trawling, beam-trawling, bottom pair trawling and otter twin trawls”;

Article 1 – paragraph 1 – point 23, Article 44 – paragraph 3: 3. When a trigger catch level of red coral as referred to in paragraph 4 has been reached, Member States shall close the area concerned to any red coral fishery on precautionary grounds. The Member State shall immediately inform the Commission. The Commission shall inform as soon as possible the GFCM Secretariat.”;

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023R2124)

Article 70, paragraph 1 of Regulation 2023/2124 needs to be aligned with paragraph 30 of GFCM Recommendation GFCM/43/2019/5 for clarification on which fleet the obligation to compile a list of vessels applies, as the current wording is imprecise and allows for interpretation that the obligation applies to the entire fleet. Therefore, the wording "otter-trawling, beam-trawling, bottom pair trawling, and otter twin trawls" needs to be added to the end of the sentence to the provision of Article 70, paragraph 1.

Regulation (EU) No 2023/2124

✦ Replaces a provision on small pelagic stocks with a provision allowing remotely operated vehicles for scientific purposes.

Article 1 – paragraph 1 – point 35, Article 73: This section applies to all fishing activities targeting key small pelagic stocks (anchovy and sardine) in GSAs 17 and 18 as provided for in Annex I by means of purse seiners and pelagic trawlers".

Article 1 – paragraph 1 – point 23 a (new), Article 46 – paragraph 2: (23a) In Article 46, paragraph 2 is replaced by the following: / ‘2. By way of derogation from paragraph 1, the use of ROVs is permitted exclusively for scientific purposes within the GFCM research programme until the end of that programme and within Member States authorised research programmes led by scientific institutions. Such authorisations shall be without prejudice to stricter measures adopted by Member States.’

Article 1, paragraph 35 of the Proposal, which replaces Article 73 of Regulation (EU) 2023/2124, needs to be aligned with paragraph 1 of GFCM Recommendation GFCM/44/2021/20 for consistent transposition by adding the currently missing wording at the end of the sentence, clarifying the specific fleet to which the provision applies and preventing it from being applied to other forms of fishing: "by means of purse seiners and pelagic trawlers."

Regulation (EU) No 2023/2124

✦ Replaces the deletion of a provision on fishing days with a provision on the red coral catch documentation scheme.

Article 1 – paragraph 1 – point 35 a (new), Article 74 – paragraph 5: (35a) In article 74, paragraph 5 is deleted.

Article 1 – paragraph 1 – point 24 a (new), Article 55: (24a) Article 55 is replaced by the following: / ‘Article 55 / 1. Member States shall fully implement the red coral Catch Documentation Scheme (CDS) along the entire supply chain in order to ensure the traceability of red coral (Corallium rubrum) harvested in the Mediterranean Sea and contribute to the fight against IUU fishing activities. / (deleted) / (deleted) / (deleted) / 2. The paper-based red coral Catch Documentation Scheme established in accordance with paragraph 1 shall be without prejudice to other national traceability systems in force ensuring the same level of control over the traceability of red coral products by Member States. / 3. The paper-based red coral Catch Documentation Scheme shall apply to first landings, exports and re-exports. Domestic trade shall not be included in the validation chain / 4. By way of derogation from paragraph 1, a transitional period of one year shall be established, during which time red coral stored prior to ... [the date of entry into force of this amending Regulation] may be exported or re-exported without a validated catch section in the harvest certificate. / 5. In order to ensure a link between validated Catch Documentation Scheme documents and red coral consignments to which they relate, a labelling system may be established by Member States. / 6. Each consignment of red coral, imported, exported or re-exported from its origin, shall be accompanied by a validated certificate as referred to in Annex XX or an equivalent docum…

In the case of managing small pelagic fish in the Adriatic Sea, a new GFCM Recommendation GFCM/44/2021/20 on a multi-annual management plan for the sustainable exploitation of small pelagic fish stocks in the Adriatic Sea (GSA areas 17 and 18) was adopted at the GFCM annual assembly in November 2021. With the adoption of the new multi-annual management plan, the multi-annual management plan adopted in 2013 by GFCM Recommendation GFCM/37/2013/1 becomes obsolete. Article 74, paragraph 5 of the current Regulation (EU) 2023/2124 includes a measure for managing fishing effort by limiting the number of fishing days (20 days per month and 180 days per year), which was derived from the 2013 multi-annual management plan (GFCM/37/2013/1). Retaining the provision of Article 74, paragraph 5 of Regulation (EU) 2023/2124 would exceed the scope of GFCM Recommendation GFCM/44/2021/20 and impose additional restrictions on Member States, which will not apply to other GFCM contracting parties (e.g. Albania and Montenegro). Therefore, Article 74, paragraph 5 of Regulation 2023/2124 must be deleted.

Regulation (EU) No 2023/2124

✦ Replaces a data reporting provision with a fleet capacity limit for bottom trawls fishing for key stocks.

Article 1 – paragraph 1 – point 36,29, Article 74a60a – paragraph 1: 1. Member States shall ensure yearly that allthe scientificoverall datafleet capacity of the fleets operating with bottom trawls and commercialactively datafishing collectedfor the key stocks does not exceed in aterms specificof yeargross istonnage provided(GT), byengine 1power April(kW) and number of thevessels, followingas yearrecorded toboth thein GFCMnational Secretariat.and TheGFCM Memberregisters, Statesdoes shallnot notifyexceed, the Commissionfleet thereof.capacity for demersal fisheries in year 2021”;

GFCM/44/2021/20

Regulation (EU) No 2023/2124

✦ Replaces the deletion of a paragraph with the deletion of an article.

Article 1 – paragraph 1 – point 36,31 a (new), Article 74a63: –(31a) paragraphArticle 2:63 deletedis deleted.

GFCM/44/2021/20

Regulation (EU) No 2023/2124

✦ Replaces a provision on designated landing points with the deletion of an article.

Article 1 – paragraph 1 – point 36, Article 74c – paragraph 1: 1. Member States shall designate landing points where landings by vessels actively fishing for key small pelagic stocks in the Adriatic Sea shall take place. For each designated point, Member States shall specify permitted landing and transhipping times and places.

Article 1 – paragraph 1 – point 31 b (new), Article 64: (31b) Article 64 is deleted.

Regulation (EU) No 2023/2124

✦ Replaces a prohibition on landing or transhipping small pelagic catches outside designated points with the deletion of an article.

Article 1 – paragraph 1 – point 36, Article 74c – paragraph 2: 2. It shall be prohibited to land or tranship from fishing vessels any quantity of catches of key small pelagic species fished by purse-seines or pelagic-trawls in the Adriatic Sea at any place other than the landing points designated by Member States.

Article 1 – paragraph 1 – point 32, Article 65 – paragraph 5: (32) Article 65 is deleted. / (deleted)

Regulation (EU) No 2023/2124

✦ Replaces a reporting provision on designated landing points with a provision on the list of vessels authorised to fish for species using otter-trawling, beam-trawling, bottom pair trawling and otter twin trawls.

Article 1 – paragraph 1 – point 36,33 – point -a (new), Article 74c70 – paragraph 3:1: 3.(-a) Memberparagraph States1 shallis transmitreplaced toby the Commission by 15following: November/ each‘1. yearMember anyStates changeshall toestablish thea list of designatedvessels landingflying pointstheir inflag whichand landingsauthorised ofto keyfish smallfor pelagicthe species in the Adriaticlisted Seain mayArticle take66 place.using Themeans Commissionof shallotter-trawling, transmitbeam-trawling, thisbottom informationpair bytrawling 30and Novemberotter eachtwin year.trawls;’

✦ Formal Drops a justification referring to Recommendation GFCM/44/2021/20.

To better align the text with Recommendation GFCM/44/2021/20

Regulation (EU) No 2023/2124

✦ Replaces a provision on management measures for small pelagic stocks with a provision on the scope of fishing activities targeting anchovy and sardine.

Article 1 – paragraph 1 – point 36, Article 74d – paragraph 1: 1. Member States shall adopt fisheries management measures or national management plans under the scope of this section to ensure adequate conservation of small pelagic stocks.

Article 1 – paragraph 1 – point 35, Article 73 – paragraph 1: This section applies to all fishing activities targeting key small pelagic stocks (anchovy - Engraulis encrasicolus and sardine - Sardina pilchardus) in GSAs 17 and 18 as provided for in Annex I by means of purse seiners and pelagic trawlers".

To better align the text with Recommendation GFCM/44/2021/20

Regulation (EU) No 2023/2124

✦ Replaces a notification provision on management measures with the deletion of a provision on fishing days.

Article 1 – paragraph 1 – point 36, Article 74d – paragraph 2: 2. Member States shall promptly notify of any management measures or national management plans adopted at national level to the Commission by 15 April of each year. The Commission shall transmit those measures and plans to the GFCM Secretariat by 30 April of each year.

Article 1 – paragraph 1 – point 35 a (new), Article 74 – paragraph 5: (35a) In Article 74, paragraph 5 is deleted.

Regulation (EU) No 2023/2124

✦ Replaces a provision on spatial closures with a prohibition on landing or transhipping anchovy and sardine outside designated landing sites.

Article 1 – paragraph 1 – point 36, Article 74f – paragraph 3: 3. During the transitional period, the Member States shall apply spatial closures to vessels over 12 metres LOA for no less than 9 months. Such closures shall cover 30 percent of the territorial or internal waters identified as important for the protection of early-age classes of fish.

Article 1 – paragraph 1 – point 36, Article 74c – paragraph 2: 2. It shall be prohibited to land or tranship from fishing vessels any quantity of catches of anchovy and sardine fished by purse-seines or pelagic-trawls in the Adriatic Sea at any place other than the designated landing sites by Member States.

Regulation (EU) No 2023/2124

✦ Replaces a provision on an international joint inspection and surveillance scheme with a provision on communicating changes to designated landing sites.

Article 1 – paragraph 1 – point 36 a (new), Article 75a (new): (36a) The following article is inserted: / “Article 75a / International Joint Inspection and Surveillance Scheme / 1. Member States may carry out inspection and surveillance activities under the scope of this section in the framework of an International Joint Inspection and Surveillance Scheme (‘the Scheme’) covering the waters outside national jurisdiction in GFCM geographical subareas 17 and 18 (Adriatic Sea), as defined in Annex I (‘the inspection and surveillance area’). / 2. Member States may assign inspectors and inspection means and carry out inspections under the Scheme. The Commission or a body designated by it may also assign Union inspectors to the Scheme. / 3. The Commission or a body designated by it shall coordinate the surveillance and inspection activities for the Union and may draw up, in coordination with the Member States concerned, a joint deployment plan to enable the Union to partake in the Scheme. Member States shall adopt the necessary measures to facilitate the implementation of those plans, particularly with regard to the human and material resources required and the periods and geographical areas in which those resources are to be deployed. / 4. Each Member State shall, by 15 November of each year, notify to the Commission, or to a body designated by it, the list of the names of inspectors authorised to perform the inspection and surveillance in the area referred to in paragraph 1, as well as the names of the vessels and aircraft used for inspection…

Article 1 – paragraph 1 – point 36, Article 74c – paragraph 3: 3. Member States shall communicate to the Commission by 15 November of each year any change to the list of designated landing sites in which landings of anchovy and sardine may take place. The Commission shall transmit this information by 30 November of each year.

GFCM/46/2023/18

Regulation (EU) No 2023/2124

✦ Replaces a provision on the conduct of inspections with a provision on spatial closures.

Article 1 – paragraph 1 – point 36 b (new), Article -75aa (new): (36b) The following article is inserted between Article 75 and Article 76: / “Article -75aa / Conduct of inspections / 1. Inspectors assigned to the Scheme shall: / (a) prior to boarding, notify the fishing vessel of the name of the inspection vessel; / (b) display, on the inspection vessel and boarding vessel, the pennant described in Annex V; / (c) limit each inspection team to a maximum of three inspectors. / 2. Upon boarding the vessel, inspectors shall produce the identity card described in Annex IV to the master of the fishing vessel. Inspections shall be conducted in one of the official languages of the GFCM and, where possible, in the language spoken by the master of the fishing vessel. / 3. Inspectors shall draw up a report of the inspection in the format set out in Annex VI. / 4. Inspectors shall sign the report in the presence of the master of the vessel who shall be entitled to add to the report any observations which he or she may think suitable and who must also sign. / 5. Copies of the report shall be given to the master of the vessel and to the authorities of the inspection party, which shall transmit copies to the authorities of the flag State of the inspected vessel and to the Commission and/or a body designated by it. The Commission shall forward the copy to the GFCM Secretariat. / 6. The size of the inspection party and length of the inspection shall be determined by the commanding officer of the inspection vessel taking into account all relevant circumsta…

Article 1 – paragraph 1 – point 36, Article 74f – paragraph 3: 3. During the transitional period, the Member States shall apply spatial closures to vessels over 12 metres LOA for no less than 9 months. Such closures shall cover 30 percent of the territorial or internal waters identified as important for the protection of early-age classes of fish.

According to GFCM/46/2023/18

Regulation (EU) No 2023/2124

✦ Replaces a provision on infringements with a provision on temporal closures for blackspot seabream.

Article 1 – paragraph 1 – point 36 c (new), Article -75ab (new): (36c) The following article is inserted between Article 75 and Article 76: / “Article -75ab / Infringements / 1. For the purposes of this Article, the following activities shall be considered as infringements: / (a) the activities referred to in Article 3(1), points (a), (b), (c), (e), (f), (g) and (h) of Regulation (EC) No 1005/2008; / (b) interference with satellite monitoring system; and / (c) operating without a VMS. / 2. In the case of any boarding and inspection of a fishing vessel during which the inspectors detect an infringement, the authorities of the flag Member State of the inspection vessel shall immediately inform the Commission, or a body designated by it, which shall notify the flag State of the inspected fishing vessel and the GFCM Secretariat directly. They shall also inform any inspection ship of the flag State of the fishing vessel known to be in the vicinity. / 3. The flag Member State of the fishing vessel shall ensure that, following an inspection in which an infringement has been detected, the fishing vessel concerned ceases all fishing activities. The flag Member State shall require the fishing vessel to proceed within 72 hours to a port designated by it, where an investigation shall be initiated. / 4. In the event that an infringement has been detected during an inspection, the actions and follow-up taken by the flag Member State shall be notified to the Commission or a body designated by it. The Commission or a body designated by it shall forward th…

Article 1 – paragraph 1 – point 39, Article 77a – paragraph 1: 1. Over the transitional period, Member States shall apply specific temporal closures at the fleet level, with a view to protecting the key stock during spawning periods. Such closures are not required to be applied simultaneously for different type of fishing gear. They shall cover the key areas of distribution of blackspot seabream in the Alboran Sea and affect all vessels concerned by this Chapter for periods of no less than 60 continuous days per fleet segment. Such closures shall take place from January to March. Each Member State shall submit the closure period and the list of vessels concerned to the Commission. The Commission shall submit that information to the GFCM Secretariat without delay.

According to GFCM/46/2023/18

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 39, Article 78 – paragraph 1: 1. Member States shall ensure that the overall fleet capacity in terms of gross tonnage (GT), engine power (kW) and number of vessels, as recorded both in national and GFCM registers, does not exceed the fleet capacity for the fisheries averaged over years 2018-2021.

GFCM/45/2022/3

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 39, Article 78 – paragraph 2: 2. Member States shall adapt to the fishing opportunities the overall fleet capacity of the fleets fishing blackspot seabream operating with handlines, set and mixed longliners in terms of gross tonnage (GT) , engine power (kW) and number of vessels, as recorded both in national and GFCM registers.

GFCM/45/2022/3

Regulation (EU) No 2023/2124

✦ Adds a provision requiring member states to communicate fishing activities for blackspot seabream to the Commission.

Article 1 – paragraph 1 – point 39, Article 78 – paragraph 3 a (new): 3a. Member States shall communicate to the Commission by 15 November of each year the fishing activities carried out by authorised vessels flying their flag which are authorised to fish for that year blackspot seabream under the scope of this chapter. The information shall be presented in an aggregated format, including the following minimum information: number of exploitation days, exploitation area, and catches of blackspot seabream per fishing gear. The Commission shall transmit this information to the GFCM Secretariat by 30 November of each year.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 40, Article 79 – paragraph 4: 4. The information stipulated in paragraph 3 may be submitted by the fishers or their representatives up to one hour before the estimated time of arrival, where the fishing grounds are less than four hours away from the port of arrival.

Article 1 – paragraph 1 – point 40, Article 79 – paragraph 5: deleted

✦ Formal Drops a justification stating that Regulation (EC) No 1224/2009 applies and an additional paragraph is not needed.

Regulation (EC) No 1224/2009 applies for all EU fishers or masters of authorised fishing vessels, so additional paragraph is not needed.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 40, Article 79 – paragraph 6: 6. It shall be prohibited to land or tranship from fishing vessels any quantity of blackspot seabream fished in the Alboran Sea at any place other than points designated landing sites by the Member States.

Regulation (EU) No 2023/2124

✦ Removes the date by which authorised vessels above 10 metres must be equipped with a vessel monitoring system.

Article 1 – paragraph 1 – point 40, Article 79 – paragraph 10: 10. Notwithstanding Article 9 of Regulation (EC) No 1224/2009, by [the date of entry into force] all the authorized vessels under this chapter above 10 meters length overall (LOA) shall be equipped with a vessel monitoring system (VMS) or any other geolocation system allowing control authorities to track their activity at all times during the fishing trips. ”;

Regulation (EU) No 2023/2124

✦ Wording Rephrases the scope of the chapter on common dolphinfish to refer to fishing using aggregated devices and recreational fishing.

Article 1 – paragraph 1 – point 42 a (new), Article 81: (42a) Article 81 is replaced by the following: / “Article‘Article 81 / This Chapter applies to pelagic fishing activities in the Mediterranean (geographical subareas(GSAs 1 to 27) targeting common dolphinfish (Coryphaena hippurus) byusing meansfishing ofaggregated FADsdevices and(FADs), as well as to recreational fishing.”fishing.’

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023R2124)

GFCM/46/2023/14

Regulation (EU) No 2023/2124

✦ Wording Rephrases the transitional fishing regime for common dolphinfish, adding a deadline of 31 December 2026 and reordering the catch limit options.

Article 1 – paragraph 1 – point 42 b (new), Article 83: (42b) Article 83 is replaced by the following: / “Over‘Article 83 / A transitional fishing regime shall be established for fisheries using FADs until 31 December 2026. During the transitional period, Member States shall ensure that a catch limit is established on the basis of the reported landings to the GFCM as follows: eithereither: i)(a) on the basis of the average of any two years’ landings during the period 2018–20222018–2022; or ii)(b) on the basis of landings in 2022.”2022.’

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023R2124)

GFCM/46/2023/14

Regulation (EU) No 2023/2124

✦ Requires member states to submit national data to the Commission by 15 July each year and the Commission to submit it to the GFCM Secretariat by 31 July.

Article 1 – paragraph 1 – point 42 c (new), Article 84 – paragraph 2 a (new): (42c) In Article 84, the following paragraph is inserted:added: / “2a. Member States shall submit their national data (as specified in Annex XXV) to the Commission by no later than 15 July of each year. The Commission shall submit the national data to the GFCM Secretariat no later than 31 July of each calendar year.”

GFCM/46/2023/14

Regulation (EU) No 2023/2124

✦ Requires member states to notify the Commission of management measures from 30 September 2024 and of modifications by 15 April of the following year, with the Commission notifying the GFCM Secretariat.

Article 1 – paragraph 1 – point 42 d (new), Article 85: (42d)(42 d) Article 85 is replaced by the following: / “1.‘Article 85 / 1. In order to ensure adequate conservation of the common dolphinfish, Member States shall adopt fisheries management measures or national management plans in the GSAs 1-27. / 2. Member States shall notify the Commission, from 30 September 2024, of the management measures or management plans adopted at the national level. The Commission shall notify the GFCM Secretariat,Secretariat of the management measures or management plans adopted at the national level. / 3. Where appropriate, should these measures or management plans adopted at the national level be modified, the Member States shall communicate to the Commission of such modifications by 15 April of the following year. The Commission shall notify the GFCM Secretariat of the modifications of the management measures or management plans adopted at the national level by 30 of April of the following year.”year.;

✦ Formal Drops a citation of Recommendation GFCM/46/2023/14.

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023R2124)

According to GFCM/46/2023/14

Regulation (EU) No 2023/2124

✦ Changes the fleet capacity limit for common dolphinfish to apply until eight years from the date of the initial adoption of national management measures.

Article 1 – paragraph 1 – point 4342 ae (new), Article 86 – paragraph -1 (new): (43a)(42e) In Article 86, the following paragraph is inserted: / “-1.‘-1. Member States shall ensure that the overall fleet capacity of the fleets operating with FADs and actively fishing for the key stock does not exceed, in terms of gross tonnage (GT) engine power (kW) and number of vessels as recorded both in national and GFCM registers, overuntil eight years from the durationdate of thisthe recommendation’sinitial mandate,adoption of the management measures or management plans adopted at the national level as established in accordance to previous article, the fleet capacity for common dolphinfish in FAD fisheries in the year 2019.”2019.’

✦ Formal Drops a citation of Recommendation GFCM/46/2023/14.

According to GFCM/46/2023/14

Regulation (EU) No 2023/2124

✦ Requires FADs to be exclusively constructed with biodegradable materials from the first day of the open FAD season in 2027.

Article 1 – paragraph 1 – point 44 a (new), Article 88 – paragraph 3 a (new): (44a) in Article 88, the following paragraph is inserted: / “3a. From the first day of the open FAD season in 2027, FADs shouldshall be exclusively constructed with biodegradable materials to ensure that lost FADs will not further contribute to marine plastic pollution.”;materials.”;

GFCM/46/2023/14

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 45, Article 88 – paragraph 6: 6. In the event of loss or impossibility to haul in a FAD, fishers or masters of fishing vessels shall record the last known position and its date. Fishing vessels exploiting common dolphinfish shall collect and report the last registered position of the lost FAD as well as the date of its last registered position, its identification number and any information allowing the identification of the FAD owner.”;owner.

✦ Formal Drops a justification stating that FADs are not considered fishing gear under Regulation (EC) No 1224/2009.

FADs are not considered as a fishing gear in Articles 14(7) and Article 48 of Regulation (EC) 1224/2009. Articles 14(7) and Article 48 of Regulation (EC) 1224/2009 are only on lost gear.

Regulation (EU) No 2023/2124

✦ Adds provisions requiring member states to ensure vessels record fishing activities with FADs and to collect and report information on lost FADs.

Article 1 – paragraph 1 – point 45 a (new), Article 89:89 – paragraphs 2 a (new) and 2 b (new): (45a) in Article 89, the following paragraphs are added: / “3.“2a. Member States shall ensure that all fishing vessels flying their flag and exploiting common dolphinfish record their fishing activities with FADs. / 4.2b. In the event of FADloss loss,of a FAD, Member States shall ensure that the vessels flying their flag collect and report the last registered position of the lost FAD as well as the date of its last registered position, its identification number and any information allowing the identification of the FAD owner. / 5. By 2032 at the latest, the GFCM shall adopt implementing rules for the identification and marking of FADs.”owner."

GFCM/46/2023/14

Regulation (EU) No 2023/2124

✦ Adds a new article on specific measures to address illegal, unreported and unregulated fishing, including registration, designated landing sites, inspections and reporting.

Article 1 – paragraph 1 – point 45 b (new), Article 89 a (new): (45b) the following articleArticle is inserted in Title II, Chapter VII: / “Article‘Article 89a / Specific measures to address illegal, unreported and unregulated fishing / 1. Each Member StatesState shall ensure that adequate mechanisms are in place for the registration of each fishing vessel in a national fleet register for the recording of the vessel’s catch and fishing effort in the logbook and for the monitoring of the vessel’s fishing activities and landings by means of surveys and sampling of catches and fishing effort, carried out in accordance with the rules laid out by eachthe Member States.State. / 2. Each Member States shall designate landing pointssites at which landings by vessels actively fishing for thecommon keydolphin stockfish in the Mediterranean Sea shall take place. / 3. For each designated port,landing site, the concerned Member States shall specify permitted landing and transshippingtranshipping times and places. / 4.3. Member States shall carry out inspections on the basis of a risk analysis. It shall be prohibited to land or transshiptranship from fishing vessels any quantity of common dolphinfish fished in the Mediterranean Sea at any place other than portsthe designated landing sites by Member States. /States 5.in Memberaccordance Stateswith shallparagraph transmit2. to/ the4. GFCMBy Secretariat,15 noNovember laterof thaneach andyear, subsequentlyMember onStates 30shall Novembercommunicate ofto eachthe year,Commission any changes to the list of the designated landing pointssites at which landings of key stock in the Mediterranean Sea may take place. /By 6.30 MemberNovember Statesof partieseach shallyear, engagethe toCommission cooperateshall intransmit thethose fightchanges againstto IUUthe fishingGFCM activities,Secretariat. in/ parti…5. Me…

GFCM/46/2023/14

Regulation (EU) No 2023/2124

✦ Replaces a provision on an international joint inspection and surveillance scheme with a provision on the turbot catch documentation scheme.

Article 1 – paragraph 1 – point 45 c (new), Article 89 b (new): (45c) the following article is inserted in Title II, Chapter VII: / “Article 89b / International Joint Inspection and Surveillance Scheme / 1. Member States may carry out inspection and surveillance activities under the scope of this section in the framework of an International Joint Inspection and Surveillance Scheme (‘the Scheme’) covering the waters outside national jurisdiction in GFCM geographical subareas 1 - 27 (Mediterranean Sea), as defined in Annex I (‘the inspection and surveillance area’). / 2. Member States may assign inspectors and inspection means and carry out inspections under the Scheme. The Commission or a body designated by it may also assign Union inspectors to the Scheme. / 3. The Commission or a body designated by it shall coordinate the surveillance and inspection activities for the Union and may draw up, in coordination with the Member States concerned, a joint deployment plan to enable the Union to partake in the Scheme. Member States shall adopt the necessary measures to facilitate the implementation of those plans, particularly with regard to the human and material resources required and the periods and geographical areas in which those resources are to be deployed. / 4. Each Member State shall, by 15 November of each year, notify to the Commission, or to a body designated by it, the list of the names of inspectors authorised to perform the inspection and surveillance in the area referred to in paragraph 1, as well as the names of the vessels and a…

Article 1 – paragraph 1 – point 47, Article 94a – paragraph 1: 1. Member States shall fully implement the turbot Catch Documentation Scheme (CDS) along the entire supply chain in order to ensure the traceability of turbot caught in the Black Sea and contribute to the fight against IUU fishing activities.

GFCM/46/2023/17

Regulation (EU) No 2023/2124

✦ Replaces a provision on the conduct of inspections with provisions on the turbot catch documentation scheme.

Article 1 – paragraph 1 – point 45 d (new), Article 89 c (new): (45d) the following article is inserted in Title II, Chapter VII: / “Article 89c / Conduct of inspections / 1. Inspectors assigned to the Scheme shall: (a) prior to boarding, notify the fishing vessel of the name of the inspection vessel; (b) display, on the inspection vessel and boarding vessel, the pennant described in Annex V; (c) limit each inspection team to a maximum of three inspectors. / 2. Upon boarding the vessel, inspectors shall produce the identity card described in Annex IV to the master of the fishing vessel. Inspections shall be conducted in one of the official languages of the GFCM and, where possible, in the language spoken by the master of the fishing vessel. / 3. Inspectors shall draw up a report of the inspection in the format set out in Annex VI. / 4. Inspectors shall sign the report in the presence of the master of the vessel who shall be entitled to add to the report any observations which he or she may think suitable and who must also sign. / 5. Copies of the report shall be given to the master of the vessel and to the authorities of the inspection party, which shall transmit copies to the authorities of the flag State of the inspected vessel and to the Commission and/or a body designated by it. The Commission shall forward the copy to the GFCM Secretariat. / 6. The size of the inspection party and length of the inspection shall be determined by the commanding officer of the inspection vessel taking into account all relevant circumstances.”

Article 1 – paragraph 1 – point 47, Article 94a – paragraph 2: 2. The paper-based turbot Catch Documentation Scheme established in paragraph 1 shall be without prejudice to other national traceability systems in force ensuring the same level of control over the traceability of turbot by Member States and shall include the information set out in Annex XXIV.

GFCM/46/2023/17

Regulation (EU) 2023/2124

Article 1 – paragraph 1 – point 45 e (new), Article 89 d (new): (45e) the following article is inserted in Title II, Chapter VII: / “Article 89d / Infringements / 1. For the purposes of this Article, the following activities shall be considered as infringements: / (a) the activities referred to in Article 3(1), points (a), (b), (c), (e), (f), (g) and (h) of Regulation (EC) No 1005/2008; / (b) interference with satellite monitoring system; and / (c) operating without a VMS. / 2. In the case of any boarding and inspection of a fishing vessel during which the inspectors detect an infringement, the authorities of the flag Member State of the inspection vessel shall immediately inform the Commission, or a body designated by it, which shall notify the flag State of the inspected fishing vessel and the GFCM Secretariat directly. They shall also inform any inspection ship of the flag State of the fishing vessel known to be in the vicinity. / 3. The flag Member State of the fishing vessel shall ensure that, following an inspection in which an infringement has been detected, the fishing vessel concerned ceases all fishing activities. The flag Member State shall require the fishing vessel to proceed within 72 hours to a port designated by it, where an investigation shall be initiated. / 4. In the event that an infringement has been detected during an inspection, the actions and follow-up taken by the flag Member State shall be notified to the Commission or a body designated by it. The Commission or a body designated by it shall forward the action an…

According to GFCM/46/2023/17

Regulation (EU) No 2023/2124

✦ Replaces a provision on the turbot catch documentation scheme with a provision on its application to first landings, exports and re-exports.

Article 1 – paragraph 1 – point 47, Article 94a: 1. Member States shall fully implement by [the date of entry into force] the turbot Catch Documentation Scheme (CDS) along the entire supply chain in order to ensure the traceability of turbot caught in the Black Sea and contribute to the fight against illegal, unregulated and unreported (IUU) fishing activities. / 2. The paper-based turbot Catch Documentation Scheme established in paragraph 1 shall be without prejudice to other national traceability systems in force ensuring the same level of control over the traceability of turbot by Member States and shall include the information detailed in Annex XXIV. / 3. The paper-based turbot Catch Documentation Scheme applies to first landings, exports and re-exports. Domestic trade is not included in the validation chain. / 4. Each catch certificate shall have a unique document identification number. This number shall be specific to the flag Member States and be assigned to each fishing vessel. The certificates shall not be transferable to another fishing vessel. / 5. Member States shall validate fishing certificates only when all the information contained in the turbot Catch Documentation Scheme have been established to be accurate as a result of the verification of the supporting documents and corresponding consignment. / 6. Member States shall report to the GFCM Secretariat on their Catch Documentation Scheme, as well as possible tagging and identification requirements and traceability and tracking requirements for turbot, which …

Article 1 – paragraph 1 – point 47, Article 94a – paragraph 3: 3. The paper-based turbot Catch Documentation Scheme shall apply to first landings, exports and re-exports. Domestic trade shall not be included in the validation chain.

GFCM/46/2023/20

Regulation (EU) No 2023/2124

✦ Replaces a provision on fleet capacity for piked dogfish with a provision on unique identification numbers for turbot catch certificates.

Article 1 – paragraph 1 – point 48, Article 96a – paragraph 1: Member States shall maintain the fishing fleet capacity or fishing effort at the levels authorised and exerted during the years 2015 - 2021 for the exploitation of piked dogfish in the Black Sea.

Article 1 – paragraph 1 – point 47, Article 94a – paragraph 4: 4. Each catch certificate shall have a unique document identification number. That number shall be specific to the flag Member State and be assigned to each fishing vessel. The catch certificates shall not be transferable to another fishing vessel.

GFCM/44/2021/10 and GFCM/47/2024/10

Regulation (EU) No 2023/2124

✦ Replaces a provision on data collection for piked dogfish with a provision on validation of turbot catch certificates.

Article 1 – paragraph 1 – point 48, Article 96b – paragraph 3: 3. Member States shall ensure that any additional measure is taken to improve data collection for the purpose of the scientific monitoring of picked dogfish.

Article 1 – paragraph 1 – point 47, Article 94a – paragraph 4 a (new): 4a. Member States shall validate fishing certificates only when all the information contained in the turbot Catch Documentation Scheme have been established to be accurate as a result of the verification of the supporting documents and corresponding consignment.

Regulation (EU) No 2023/2124

✦ Replaces a provision on conservation of elasmobranch species with a provision on reporting on the turbot catch documentation scheme.

Article 1 – paragraph 1 – point 49 – point a, Article 98 – paragraph 1: 1. Member States shall encourage further actions to improve the conservation status of elasmobranch species listed in Annex II to the Protocol and to mitigate or eliminate, where possible, the risk of incidental catch in fishing operations and/or the associated mortality concerning specially protected areas and biological diversity in the Mediterranean”.;

Article 1 – paragraph 1 – point 47, Article 94a – paragraph 4 b (new): 4b. Member States shall report to the Commission on their Catch Documentation Scheme, as well as possible tagging and identification requirements and traceability and tracking requirements for turbot, which shall be in line with the provisions of this article in order to effectively ensure that the traceability objective is met. The Commission shall notify the GFCM Secretariat of such reports.

GFCM/44/2021/16

Regulation (EU) No 2023/2124

✦ Replaces a reporting provision on elasmobranch conservation with a provision on notifying competent authorities for turbot catch certificates.

Article 1 – paragraph 1 – point 49 – point b, Article 98 – paragraph 4: 4. Member States shall report to the Commission, by 15 April 2026 at the latest, on at least one activity per species/gender listed in Annex XVII and present in the GSAs 1-27 where fishing activities are carried out, or on at least five species-specific actions in total. to improve the conservation status of elasmobranchs, mitigate and, where possible, eliminate the risk of incidental catch of elasmobranch in fishing operations and the associated mortality. The Commission shall send that information to the GFCM Secretariat by 30 April 2026, at the latest.

Article 1 – paragraph 1 – point 47, Article 94a – paragraph 4 c (new): 4c. Member States shall notify the Commission of their competent authorities responsible for validating, checking and verifying the catch certificates, as well as Catch Documentation Scheme contact points, validation seal and other information relevant to the implementation of the Catch Documentation Scheme. The Commission shall communicate that information to the GFCM Secretariat.

Regulation (EU) No 2023/2124

✦ Replaces a provision on limiting shark bycatch with a provision on maintaining validated turbot catch certificates for five years.

Article 1 – paragraph 1 – point 49 – point b, Article 98 – paragraph 5: 5. Member States shall require fishing vessels catching sharks species in GSAs 1-27 as bycatch or incidental catch to limit the bycatch of sharks listed in Annex III to the Protocol concerning specially protected areas and biological diversity in the Mediterranean Sea to a maximum percentage of the total catch in weight per fishing trip or to no more than three specimens.

Article 1 – paragraph 1 – point 47, Article 94a – paragraph 4 d (new): 4d. Member States shall maintain the validated paper-based turbot catch certificates for a period of five years.

Lingustic changes

Regulation (EU) No 2023/2124

✦ Replaces the deletion of a provision with a provision on annual reporting on the turbot catch documentation scheme.

Article 1 – paragraph 1 – point 50, Article 102 – paragraph 3: deleted / (deleted) / (deleted) / (deleted)

Article 1 – paragraph 1 – point 47, Article 94a – paragraph 4 e (new): 4e. Member States shall report annually on the implementation of the paper-based turbot Catch Documentation Scheme to the Commission in view of notifying the Compliance Committee (CoC), providing detailed information and statistical data on, inter alia, annual quantities validated, annual quantities traded, number of harvest certificates validated, and any relevant elements considered to provide information on the state of play. The Commission shall submit the reports to the GFCM Secretariat no later than 30 days before the session of the CoC.

GFCM/44/2021/13 was repealed by GFCM/46/2023/22.

Regulation (EU) No 2023/2124

✦ Replaces a provision on notifying mitigation measures for seabirds with a provision on improving data collection for piked dogfish.

Article 1 – paragraph 1 – point 51,48, Article 103a96b – paragraph 3: 3. By 31 December 2026, Member States shall notify to the Commission at least twoensure ofthat theany mitigationadditional measuresmeasure adoptedis pursuanttaken to points 1 and 2.improve Indata thiscollection regard,for the areas and fleets with higher riskspurpose of interactionsthe shouldscientific bemonitoring takenof intopiked consideration.dogfish.

Regulation (EU) No 2023/2124

✦ Adds provisions on protection of elasmobranch species, mitigation measures, incentive-based management, bycatch limits, seabird mitigation and notification of measures to the GFCM Secretariat.

Article 1 – paragraph 1 – point 49 – point a, Article 98 – paragraph 1: 1. Member States shall ensure a high protection from fishing activities for elasmobranch species listed in Annex II and Annex III to of the Protocol concerning specially protected areas and biological diversity in the Mediterranean”.;

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 49 – point b, Article 98 – paragraph 4 a (new): 4a. Member States shall be encouraged to take and adopt mitigation measures to minimise and eliminate, where possible, the incidental catch of elasmobranchs during fishing operations and increasing post-release survival rates in fisheries with a high risk of bycatch identified by the SAC and, where possible, in fisheries with a low risk of bycatch. Such measures shall be accompanied by an appropriate scientific monitoring to establish the efficacy of the actions and may include, inter alia: / (a) fishing gear modifications and alternative fishing gear types; / (b) improvements in fishing gear marking and detection; / (c) time-area fishing restrictions or closures, if appropriate and in particular in elasmobranch critical habitats; / (d) implementation of maximum potential bycatch thresholds; and / (e) use of magnetic deterrent devices, when based on scientific studies and after a cost-benefit evaluation.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 49 – point b, Article 98 – paragraph 4 b (new): 4b. The Member States may also consider, on a voluntary basis, other types of management such as incentive-based management, which rewards low impact operators while simultaneously driving poorly performing operators to adopt better practices or leave the industry, or market-based incentive management, which includes for example elasmobranch-safe and elasmobranch-friendly labelling in medium to high-risk fisheries.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 49 – point b, Article 98 – paragraph 5: 5. Member States shall require fishing vessels catching sharks species as bycatch or incidental catch to limit the bycatch of sharks listed in Annex III to the Protocol concerning specially protected areas and biological diversity in the Mediterranean Sea to a maximum percentage of the total catch in weight per fishing trip or to no more than three specimens.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 50, Article 102 – paragraph 3 – point b: (b) Member States shall evaluate the effectiveness of at least two transitional mitigation measures listed in Annex XVIII to improve the conservation status of seabird species, mitigate and, where possible, eliminate the risk of incidental catch of seabirds in fishing operations and associated mortality.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 51, Article 103a – paragraph 3: 3. By 1 January 2026, Member States shall notify to the Commission at least two of the mitigation measures adopted pursuant to points 1 and 2. In this regard, the areas and fleets with higher risks of interactions should be taken into consideration.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 51, Article 103a – paragraph 4: 4. The Commission shall, without delay, notify the GFCM Secretariat of such measures.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 52, Article 105a – paragraph 1 – point d: (d) implementation of maximum potential bycatch thresholds;

Regulation (EU) No 2023/2124

✦ Replaces a provision on facilitating measures to avoid entanglement during depredation with a provision on voluntary incentive-based management for cetacean conservation.

Article 1 – paragraph 1 – point 52, Article 105a – paragraph 2: 2. The Member States are invited to facilitate the implementation of measures to avoid entanglement during depredation activity and to reduce post-release mortality, through appropriate guidelines and training.

Article 1 – paragraph 1 – point 52, Article 105a – paragraph 4: 4. The Commission or Member States may also consider, on a voluntary basis, other types of management such as incentive-based management, rewarding low-impact operators while simultaneously driving poorly performing operators to adopt better practices or leave the industry, or market-based incentive management employing, for example, dolphin-safe or dolphin-friendly labelling in fisheries with a medium to high risk of interactions with cetaceans.

To better align the text with Recommendation GFCM/44/2021/15

Regulation (EU) No 2023/2124

✦ Replaces a reporting provision on incidental catches of sharks with a provision requiring member states to notify mitigation measures for cetaceans.

Article 1 – paragraph 1 – point 53 – point b, Article 106 – paragraph 1 – point e: (e) any event of incidental catch, release and/or discarding in GSAs 1-27 of sharks species listed either in Annex II or Annex III to the SPA/BD Protocol concerning specially protected areas and biological diversity in the Mediterranean.”;

Article 1 – paragraph 1 – point 52, Article 105a – paragraph 5: 5. Member States shall notify to the Commission at least two of the mitigation measures adopted pursuant to points 1, 2, 3, and 4.

Regulation (EU) No 2023/2124

✦ Replaces a reporting provision on incidental catches of elasmobranchs with a provision on minimum standards for fisheries restricted areas.

Article 1 – paragraph 1 – point 53 – point c, Article 106 – paragraph 1 – point f: (f) any event of incidental catches of elasmobranchs in GSAs 1-27 ;

Article 1 – paragraph 1 – point 54, Article 106a – paragraph 1: This subsection sets minimum standards to all Fisheries Restricted Areas (FRAs) established at GFCM level.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 54, Article 106d – paragraph 2: 2. Fishing vessels authorized to fish in part D(2) of annexAnnex XI shall be equipped with remote electronic monitoring using increased data transmission frequency as well as an electronic logbook in correct working order or an equivalent document, and fishing gear on board or in use shall be duly identified, numbered and marked before the start of any fishing operation or navigation within the Fisheries Restricted Area. To the extent possible, the frequency of data transmissions of vessel monitoring systems (VMS or automated identification systems) shall be of at least once every 30 minutes when a fishing vessel enters any zone of a Fisheries Restricted Area.

✦ Formal Drops a justification about correcting a reference mistake.

Correcting reference mistake made by the Commission

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 54, Article 106d – paragraph 4: 4. Member States shall send to the Commission, by 15 May of each year, a report on management measures taken in the FRAs. The Commission is empowered to adopt delegated acts supplementing this Regulation in accordance with Article 140 of this Regulation in respect of the content of the report as will be agreed at GFCM level.

Regionalisation

Regulation (EU) No 2023/2124

Regulation (EU) No 2023/2124

✦ Replaces a reporting provision on inspection schemes with a provision establishing a fisheries restricted area in the eastern Gulf of Lion.

Article 1 – paragraph 1 – point 54, Article 106d – paragraph 5 – point c: (c) the results of the inspection schemes including at least the number of infractions detected and committed outside the areas of sovereignty of the Member States, the type of infraction and the sanctions applied;

Article 1 – paragraph 1 – point 55, Article 107 – paragraph 1: 1. A fisheries restricted area (FRA) in the eastern Gulf of Lion (geographical subarea 7) is established with a view to reinforcing the protection of spawning aggregations and deep-sea sensitive habitats.

Regulation (EU) No 2023/2124

✦ Wording Rephrases the provision establishing the fisheries restricted area in the eastern Gulf of Lion and its division into zones.

Article 1 – paragraph 1 – point 55, Article 107: 1. A fisheries restricted area in the eastern Gulf of Lion (geographical subarea 7) is established with a view to reinforcing the protection of spawning aggregations and deep-sea107 sensitive– habitats.paragraph /2: 2. The FRA under paragraph 1 shall be divided into Zone A and Zone B and bounded by the lines joining the geographical coordinates defined in Annex XI, Part A. / (deleted)

GFCM/46/2023/1

Regulation (EU) No 2023/2124

✦ Replaces a provision on management and monitoring of fishing capacity with the deletion of a paragraph on the fisheries restricted area.

Article 1 – paragraph 1 – point 55 a (new), Article 107a (new): (55a) the following article is inserted: / “Article 107a / Management and monitoring of fishing capacity and fishing effort / 1. With a view to contributing to the protection of vulnerable marine ecosystems (VMEs) and essential fish habitats for demersal stocks such as European hake (Merluccius merluccius), any professional fishing vessels targeting demersal stocks and using towed nets, bottom or mid-water longlines or bottom-set nets shall be prohibited in Zone A. / 2. Any recreational fishing activity shall be prohibited in Zone A. / 3. Fishing activities targeting demersal stocks and using towed nets, bottom or mid-water longlines or bottom-set nets shall be prohibited in Zone B from 1 November to 30 April of each year. 4. Any recreational fishing activity shall be prohibited in Zone B.”

Article 1 – paragraph 1 – point 55, Article 107 – paragraph 3: deleted

GFCM/46/2023/1

Regulation (EU) No 2023/2124

✦ Replaces a provision on fishing effort limits with a provision on management and monitoring of fishing capacity in the fisheries restricted area.

Article 1 – paragraph 1 – point 56,55 a (new), Article 108:107a (new): (55a) The annualfollowing article is inserted: / ‘Article 107a / Management and monitoring of fishing capacity and fishing effort (days/ at1. sea)With exerteda onview to contributing to the protection of vulnerable marine ecosystems (VMEs) and essential fish habitats for demersal stocks bysuch vesselsas authorisedEuropean tohake fish(Merluccius in[WA1]merluccius), theany FRAprofessional fishing vessels targeting demersal stocks and using towed nets, bottom or mid-water longlines or bottom-set nets shall notbe exceedprohibited thein levelZone ofA. fishing/ effort2. exertedFishing overactivities thetargeting referencedemersal periodstocks (setand using towed nets, bottom or mid-water longlines or bottom-set nets shall be prohibited in Zone B from 1 November to the30 yearsApril 2015–2017).of each year. / (deleted)3. Any recreational fishing activity shall be prohibited in Zones A and B.’

GFCM/46/2023/1

Regulation (EU) No 2023/2124

✦ Replaces a provision on communicating national legislation with a provision on annual fishing effort limits for demersal stocks in the fisheries restricted area.

Article 1 – paragraph 1 – point 56 a (new), Article 110 – paragraph 3: (56a) Article 110, paragraph 3 is replaced by: / “3. Member States shall, not later than 16 February 2012, communicate to the Commission the national legislation in force on 31 December 2008 concerning: / (a) the maximum time of daily fishing activity; / (b) the maximum number of days at sea; and / (c) the legally compulsory timing of exiting and returning to the registered port.”

Article 1 – paragraph 1 – point 56, Article 108 – paragraph 1: 1. The annual fishing effort (days at sea) exerted on demersal stocks by vessels authorised to fish in the FRA using towed nets, bottom or mid-water longlines or bottom-set nets shall not exceed the level of fishing effort exerted over the reference period (set to the years 2015–2017).

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023R2124)

GFCM/46/2023/1

Regulation (EU) No 2023/2124

✦ Replaces a provision on non-transfer of effort between vessels with the deletion of a paragraph on fishing effort.

Article 1 – paragraph 1 – point 56 b (new), Article 110 – paragraph 3 a (new): (56b) In article 110, the following paragraph is added: / “3a. Member States shall not transfer effort between vessels authorised to fish in the FRA that use different types of gear.”

Article 1 – paragraph 1 – point 56, Article 108 – paragraph 2: deleted

GFCM/46/2023/1

Regulation (EU) No 2023/2124

✦ Replaces a provision on scientific monitoring with a provision on communicating national legislation.

Article 1 – paragraph 1 – point 56 c (new), Article 110 a (new): (56c) the following article is inserted: / “Article 110a / Scientific monitoring / Member States shall ensure: / 1. That a scientific monitoring plan for the FRA is developed. / 2. The results of the FRA monitoring plan shall be regularly reported and discussed within the relevant subsidiary bodies of the Scientific Advisory Committee on Fisheries (SAC). The monitoring plan and its efficiency shall be assessed regularly by the Scientific Advisory Committee on Fisheries (SAC). / 3. Information on all vessels authorised to fish in Zone B of the FRA is recorded by Member States (as listed in Annex VIII) and made publicly available on the GFCM website in a manner that is consistent with GFCM data confidentiality policy and procedures. / 4. Information on fishing activities, catch of key species, incidental catch, release and/or discarding of sensitive species listed either in Annex II or Annex III of the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (SPA/BD Protocol) of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean is recorded by the ship owner in the electronic logbook or in an equivalent document, in line with the international standards and the data reporting requirements of relevant GFCM recommendations. / 5. Such information is reported to the national authorities for notification to the GFCM Secretariat, in line with the Data Collection Reference Framework (DCRF) manual. …

Article 1 – paragraph 1 – point 56 a (new), Article 110 – paragraph 3: (56a) Article 110, paragraph 3 is replaced by the following: / “3. Member States shall communicate to the Commission the national legislation in force on 31 December 2008 concerning: / (a) the maximum time of daily fishing activity; / (b) the maximum number of days at sea; and / (c) the legally compulsory timing of exiting and returning to the registered port.”

GFCM/46/2023/1

Regulation (EU) No 2023/2124

✦ Replaces a provision on control and enforcement measures with a provision on non-transfer of effort between vessels.

Article 1 – paragraph 1 – point 56 d (new), Article 110 b (new): (56d) the following article is inserted: / “Article 110b / Control and enforcement measures / 1. Member States shall maintain a register of the vessels authorised to fish in the FRA. / 2. By [the date of entry into force] , Member States shall communicate to the GFCM Secretariat, through the GFCM Data Collection Reference Framework (DCRF) online platform, the list of vessels flying their flag authorised to fish in the FRA. For each vessel, the list shall contain the information detailed in Annex VIII. / 3. Member States shall send to the GFCM Secretariat, by 31 May each year, a report on the management measures they have taken in FRAs. To facilitate a common approach across the GFCM area of application, this report shall be prepared in accordance with common guidelines developed by the GFCM Secretariat. The report shall be published on the GFCM website within two months of being received in a manner that is consistent with GFCM data confidentiality policy and procedures. / 4. Member States shall communicate to the GFCM Secretariat, by [the date of entry into force], the legal conditions, as in force 31 December 2023, regarding the maximum duration of a fishing day. / 5. Member States shall ensure that the fishing vessels operating in the FRA comply with the obligations under 1 and 2. / 6. Professional fishing vessels longer than 12 m transiting in the FRA shall have an operational transponder on board for vessel monitoring systems (VMS) and/or automated identification systems…

Article 1 – paragraph 1 – point 56 b (new), Article 110 – paragraph 3 a (new): (56b) In Article 110, the following paragraph is added: / “3a. Member States shall not transfer effort between vessels authorised to fish in the FRA that use different types of gear.”

GFCM/46/2023/1

Regulation (EU) No 2023/2124

✦ Replaces the deletion of an article with a provision on scientific monitoring.

Article 1 – paragraph 1 – point 57, Article 112: deleted

Article 1 – paragraph 1 – point 56 c (new), Article 110 a (new): (56 c) the following Article is inserted: / ‘Article 110a / Scientific monitoring / Member States shall ensure: / 1. That a scientific monitoring plan for the FRA is developed. / 2. The results of the FRA monitoring plan shall be regularly reported, discussed and assessed within the relevant subsidiary bodies of the Scientific Advisory Committee on Fisheries (SAC). / 3. Information on all vessels authorised to fish in Zone B of the FRA is recorded by Member States (as listed in Annex VIII) and made publicly available on the GFCM website in a manner that is consistent with GFCM data confidentiality policy and procedures. / 4. Information on fishing activities, catch of key species, incidental catch, release and/or discarding of sensitive species listed either in Annex II or Annex III of the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (SPA/BD Protocol) of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean is recorded by the ship owner in the electronic logbook or in an equivalent document, in line with the international standards and the data reporting requirements of relevant GFCM recommendations. / 5. Such information is reported to the national authorities for notification to the GFCM Secretariat, in line with the Data Collection Reference Framework (DCRF) manual. / 6. Any other additional measure, for example 5 percent coverage of onboard observers or remote electronic monit…

GFCM/44/2021/5 was repealed by GFCM/46/2023/1

Regulation (EU) No 2023/2124

✦ Replaces a provision on transhipment declarations with a provision on control and enforcement measures for fisheries restricted areas.

Article 1 – paragraph 1 – point 60, Article 120c – paragraph 1: 1. Notwithstanding Article 21 of Regulation 1224/2009, Masters of fishing vessels over 15 meters in length overall flying their flag involved in a transhipment operation shall complete a GFCM transhipment declaration in accordance with Annex XX and indicate specifically all quantities of each species transhipped or received above 50 kg of live-weight equivalent and/or number of individuals when relevant.

Article 1 – paragraph 1 – point 56 d (new), Article 110 b (new): (56d) The following article is inserted: / ‘Article 110b / Control and enforcement measures / 1. Member States shall maintain a register of the vessels authorised to fish in the FRA. / 2. Member States shall communicate to the GFCM Secretariat, through the GFCM Data Collection Reference Framework (DCRF) online platform, the list of vessels flying their flag authorised to fish in the FRA. For each vessel, the list shall contain the information set out in Annex VIII. / 3. Member States shall send to the Commission, by 15 May of each year, a report on the management measures they have taken in FRAs. The Commission shall send the report to the GFCM Secretariat by 31 of May each year. To facilitate a common approach across the GFCM area of application, that report shall be prepared in accordance with common guidelines developed by the GFCM Secretariat. That report shall be published on the GFCM website within two months of being received in a manner that is consistent with GFCM data confidentiality policy and procedures. / 4. Member States shall communicate to the Commission the legal conditions, as in force on 31 December 2023, regarding the maximum duration of a fishing day. The Commission shall communicate that information to GFCM Secretariat. / 5. Member States shall ensure that the fishing vessels operating in the FRA comply with the obligations under 1 and 2 of this Article. / 6. Professional fishing vessels longer than 12 m transiting in the FRA shall have an operational tr…

Regulation (EU) No 2023/2124

✦ Replaces a provision on vessel monitoring systems for transhipment with provisions on fishing restrictions and authorised vessels in the Otranto Channel.

Article 1 – paragraph 1 – point 60, Article 120d – paragraph 3: 3. All donor and receiver vessels authorized to conduct transhipment shall be required to have and use an operational vessel monitoring system onboard in line with the characteristics described in Article 19 of Regulation 404/2011

Article 1 – paragraph 1 – point 59 a (new), Article 116 a (new) and Article 116 b (new): (59a) The following articles are inserted: / ‘Article 116a / Fishing restrictions in the Otranto Channel / 1. Any demersal fishing activity or recreational demersal fishing activity shall be prohibited in Zone A bounded by lines joining the coordinates set out in Part Da of Annex XI. / 2. For a two-month period between September and November of each year, fishing with bottom set nets, bottom trawl nets, set longlines and traps shall be prohibited in Zone B bounded by lines joining the coordinates set out in Part Da of Annex XI. / 3. Fishing activity with purse seines and pelagic trawls targeting anchovy or sardine shall be prohibited in the area bounded by lines joining the coordinates set out in Part D of Annex XI.; / Article 116b / Authorised vessels in the Otranto Channel area / 1. Without prejudice to Article 116a(2), commercial fishing activities carried out with bottom set nets, bottom trawl nets, set longlines and traps shall only be allowed, in the areas referred to in this paragraph, if the vessel is in possession of a specific authorisation and if it can demonstrate that it has historically carried out fishing activities in the areas concerned. / 2. In the area referred to in Article 116a(2), authorised fishing vessels shall not be entitled to fish for more for more than 70 fishing days per year or two fishing days per week. / 3. The vessels authorised to fish in the area referred to in Article 116a(2) with the gear referred to in paragraph 1 of this Article shall b…

VMS covered in Regulation 1224/2009. Characteristics of satellite-tracking devices described in Regulation 404/2011

Regulation (EU) No 2023/2124

✦ Replaces a provision on licensing or registry schemes for recreational fishers with a provision on vessel monitoring systems for transhipment.

Article 1 – paragraph 1 – point 60, Article 120h – paragraph 1: Member States shall, by [the date of entry into force], put in place and maintain either a mandatory licensing or registry scheme covering all recreational fishers.

Article 1 – paragraph 1 – point 60, Article 120d – paragraph 3: 3. All donor and receiver vessels authorized to conduct transhipment shall be required to have and use an operational vessel monitoring system onboard in line with the characteristics described in Article 19 of Regulation (EU) No 404/2011.

Regulation (EU) No 2023/2124

✦ Adds a provision on licensing or registry schemes for recreational fishers and a new section on inspections and infringements.

Article 1 – paragraph 1 – point 60, Article 120h – paragraph 1: Member States shall put in place and maintain either a mandatory licensing or registry scheme covering all recreational fishers.

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 60 a (new), Chapter III – Section -1 (new) – Articles 121 a (new), 121 b (new) and 121 c (new): (60 a) The following Section is inserted in Chapter III before Section I: / ‘Section -I / Inspections and Infringements / Article 121a / International Joint Inspection and Surveillance Scheme / 1. Member States may carry out inspection and surveillance activities in the framework of an International Joint Inspection and Surveillance Scheme (‘the Scheme’) covering the waters outside national jurisdiction in GFCM geographical subareas, as defined in Annex I (‘the inspection and surveillance area’), applicable for each of the species referred to in Articles 22, 31, 57, 73 and 81. / 2 Member States may assign inspectors and inspection means to carry out inspections under the Scheme. The Commission or a body designated by it may also assign Union inspectors to the Scheme. / 3. The Commission or a body designated by it shall coordinate the surveillance and inspection activities for the Union and may draw up, in coordination with the Member States concerned, a joint deployment plan to enable the Union to fulfil its obligation under the Scheme. Member States shall adopt the necessary measures to facilitate the implementation of those plans, particularly as regards the human and material resources required and the periods and geographical areas in which those resources are to be deployed. / 4. Each Member State shall, by 15 November of each year, notify to the Commission, or to a body designated by it, the list of the names of inspectors authorised to perform the inspection and survei…

Regulation (EU) No 2023/2124

Article 1 – paragraph 1 – point 64, Article 130a – paragraph 4: 4. When a vessel is sighted and there are reasonable grounds to suspect that the vessel is without nationality, the sighting Member States may board the vessel to confirm its nationality. Member States conducting a boarding of a vessel operating without nationality shall notify the Commission without delay. The Commission shall notify the GFCM Secretariat without delay.

Article 1 – paragraph 1 – point 64, Article 130a – paragraph 7: deleted

✦ Formal Drops a justification about adding an empowerment in Article 139 and deleting a paragraph in Article 130a.

Empowerment has to be added in article 139. Therefore, Article 130a, paragraph 7 must be deleted.

Regulation (EU) No 2023/2124

✦ Updates the list of provisions for which the Commission is empowered to adopt delegated acts, adding references to Articles 78(3), 78(4), 116b and removing a reference to Article 116.

Article 1 – paragraph 1 – point 65 – introductory part, Article 139: (65) Article 139 is replaced by the following: / “Article 139 / Delegation of powers / As far as is necessary, in order to implement into Union law amendments to already implemented GFCM measures which become binding for the Union, the Commission is empowered to adopt delegated acts amending this Regulation, in accordance with Article 140, in respect of the following: / (1) the provision to the GFCM Secretariat of information under Article 120(4); / (2) the arrangements concerning the list of authorised vessels to be transmitted to the GFCM Secretariat under Articles 9, 10, 15, 24, 34, 47, 61, 70, 74e,74e and 75c, Article 78(3), Article 78(4), Articles 86, 96c,96c and 106b, Article 106d(1), 116Articles 116, 116b and 122, and the data to be included under Annexes VIII, XIX and XXIII; / (3) the implementation of the permanent CDS for red coral under Article 55 and Annex X; / (4) port state measures set out in Articles 123 to 127; / (5) the table, the map and the geographical coordinates of GSAs set out in Annex I; / (6) port state inspection procedures for vessels set out in Annex II; / (7) GFCM statistical matrices set out in Annex III; and / (8) references to international acts set out in Article 3(10), Article 12a, Article 120(2), and Article 120e(3); / (9) information on vessel sightings in Annex VII; / (10) measures concerning turbot as set out in Articles 90 to 94a.”; / (deleted) / (deleted)

✦ Formal Drops a justification about adding provisions and annexes to Article 139.

This Regulation adds a number of provisions and annexes containing arrangements for the transmission of lists of authorised vessels, those should be added to Article 139. GFCM recommendations that referred to in the text could be changed in the future. Commission should be able to align those references with the up to date recommendations.

Regulation (EU) No 2023/2124

✦ Replaces the deletion of a point in Article 139 with a provision on replacing annexes.

Article 1 – paragraph 1 – point 65, Article 139 – paragraph 1 – point 11: deleted

Annex – point 1 – introductory part, Annex I – point 1 – introductory part: (1) Annexes VII, VIII, X and XI are replaced by the following:

Regulation (EU) No 2023/2124

✦ Replaces the deletion of a point in Article 139 with a provision on the title of Annex VII.

Article 1 – paragraph 1 – point 65, Article 139 – paragraph 1 – point 12: deleted

Annex – point 1, Annex VII – title: SIGHTING REPORT

Regulation (EU) 2023/2124

Article 1 – paragraph 1 – point 66 a (new), Article 140: (66a) Article 140 is replaced by the following: / “Article 140 / 2. The power to adopt delegated acts referred to in Articles 41, 42, 106d and 139 shall be conferred on the Commission for a period of three years from 1 November 2023. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. / 3. The delegation of powers referred to in Articles 41, 42, 106d and 139 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. / 6. A delegated act adopted pursuant to Articles 41, 42, 106d and 139 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That pe…

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023R2124)

Article 106d introduces a new empowerment for the Commission to supplement Regulation 2023/2124. This Article should be included in the article on the exercise of the delegation.

Article 1 – paragraph 1 – point 68: (68) Annexes XVII, XVIII, XIX, XX, XXI, XXII ,XXIII and XXIV are added as set out in point (2) of the Annex to this Regulation.

Annex I – point 1 – introductory part: (1) Annexes VII, VIII, X and XI are replaced by the following:

Regulation (EU) No 2023/2124

✦ Wording Rephrases the title of Annex VII and changes a row number.

Annex I – point 1, Annex VII – title:row SIGHTING2: REPORTFishing area, geographical subarea, division:

Regulation (EU) No 2023/2124

✦ Wording Rephrases a row in Annex VII and changes its number.

Annex I – point 1, Annex VII – row 2: Fishing8: area,8. geographicalNational subarea,Registration division:number:

Annexpoint 1

Regulation (EU) No 2023/2124

✦ Wording Rephrases a row in Annex VII and changes its number.

Annex I – point 1, Annex VII – row 8:9: 8.9. NationalVessel Registrationregistration number:

Regulation (EU) No 2023/2124

✦ Wording Rephrases a row in Annex VII and changes its number.

Annex I – point 1, Annex VII – row 9:11: 9.11. VesselDescription registrationof number:vessel / Estimated length overall and gross tonnage: / Estimated width: / Other comments:

Regulation (EU) No 2023/2124

✦ Wording Rephrases a row in Annex VII and changes its number.

Annex I – point 1, Annex VII – row 11: 11. Description of vessel / Estimated length overall and gross13: tonnage:deleted / Estimated width:(deleted) / Other comments:(deleted)

Regulation (EU) No 2023/2124

✦ Replaces the deletion of a row in Annex VII with a row containing questions on vessel activities.

Annex I – point 1, Annex VII – row 13: deleted / (deleted) / (deleted)

Annex – point 1, Annex VII – row 14: Date: / Time: / Activity: / Direction: / Position: / Was the vessel presumed to harvest fish in maritime waters under the national jurisdiction of a coastal state in the GFCM area of application without the permission of such state or in contravention of its laws and regulations? [ ] Yes [ ] No / Was the vessel presumed to carry out fishing activities during closed fishing periods or in closed areas? [ ] Yes [ ] No / Was the vessel presumed to carry out transshipment activities at sea? [ ] Yes [ ] No / Was the vessel presumed to fish without a nationality? [ ] Yes [ ] No / Was the vessel presumed to carry out fishing activities without an adequate vessel identification number or while concealing its external markings? [ ] Yes [ ] No / Was the vessel presumed to be engaged in fishing or fishing-related activities in contravention of any other GFCM conservation and management measures? [ ] Yes [ ] No

Regulation (EU) No 2023/2124

✦ Replaces a row in Annex VII with a row on radio contact with the vessel.

Annex I – point 1, Annex VII – row 14: Date: / Time: / Activity: / Direction: / Position: / Was the vessel presumed to harvest fish in maritime waters under the national jurisdiction of a coastal state in the GFCM area of application without the permission of such state or in contravention of its laws and regulations? [ ] Yes [ ] No / Was the vessel presumed to carry out fishing activities during closed fishing periods or in closed areas? [ ] Yes [ ] No / Was the vessel presumed to carry out transshipment activities at sea? [ ] Yes [ ] No / Was the vessel presumed to fish without a nationality? [ ] Yes [ ] No / Was the vessel presumed to carry out fishing activities without an adequate vessel identification number or while concealing its external markings? [ ] Yes [ ] No / Was the vessel presumed to be engaged in fishing or fishing-related activities in contravention of any other GFCM conservation and management measures? [ ] Yes [ ] No

Annex – point 1, Annex VII – row 16: 16. Radio contact made with the vessel [ ] Yes [ ] No / Summary of the conversation with the vessel:

Regulation (EU) No 2023/2124

✦ Replaces a row in Annex VII with a row on attached documents.

Annex I – point 1, Annex VII – row 16: 16. Radio contact made with the vessel [ ] Yes [ ] No / Summary of the conversation with the vessel:

Annex – point 1, Annex VII – row 18: 18. List of attached documents (such as photos, relevant reports drafted by competent authorities etc.):

Regulation (EU) No 2023/2124

✦ Wording Rephrases a row in Annex VII and changes its number.

Annex I – point 1, Annex VII – row 18: 18.19: ListMeans of attachedsighting documents(including (suchvessel/aircraft asname photos,and relevantposition, reportsname draftedand bylocation competentof authoritiesthe etc.):fisheries monitoring centre (FMC), where appropriate):

Regulation (EU) No 2023/2124

✦ Replaces a row in Annex VII with the introductory part of Annex VIII.

Annex I – point 1, Annex VII – row 19: Means of sighting (including vessel/aircraft name and position, name and location of the fisheries monitoring centre (FMC), where appropriate):

Annex – point 1, Annex VIII – introductory part: The list referred to in Articles 15, 24, 34, 47, 61, 70, 74, 75c, 78, 96c , 110a and 116 shall contain, for each vessel, the following information:

Regulation (EU) No 2023/2124

✦ Replaces the introductory part of Annex VIII with an indent on main target species.

Annex I – point 1, Annex VIII – introductory part: The list referred to in Articles 15, 24, 34, 47, 61, 70, 74, 75c, 78, 96c , 110a and 116 shall contain, for each vessel, the following information:

Annex – point 1, Annex VIII – indent 11: – Main target species (if applicable)

Regulation (EU) No 2023/2124

✦ Wording Rephrases an indent in Annex VIII and changes its number.

Annex I – point 1, Annex VIII – indent 11:18: – Main targetDesignated speciesport (if applicable)

Regulation (EU) No 2023/2124

✦ Drops an indent on designated port in Annex VIII.

Annex I – point 1, Annex VIII – indent 18: – Designated port (if applicable)

Regulation (EU) No 2023/2124

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023R2124)

Regulation (EU) No 2023/2124

✦ Replaces the introductory part of Annex I with a provision on Norway lobster spatio-temporal closures.

Annex I – point 2 – introductory part: (2) the following Annexes XVII, XVIII, XIX, XX, XXI, XXII, XXIII , XXIV and XXV are added:

Da) Norway lobster spatio-temporal closures in the Adriatic Sea (GSAs 17 and 18)

Regulation (EU) No 2023/2124

✦ Replaces an indent in Annex XIX with a provision on fishing restrictions in the Otranto Channel.

Annex I – point 2, Annex XIX – indent 13: – Species targeted

“Db. Fishing restrictions in the Otranto Channel (geographical subarea 18) in the Adriatic Sea

Regulation (EU) No 2023/2124

✦ Replaces a row in Annex XX with the introductory part of Annex I and new annexes.

Annex I – point 2, Annex XX – row 6: 6. Registration ID if different from external ID

Annex – point 2 – introductory part, Annex XXIII a (new) and Annex XXIII b (new): (2) the following Annexes XVII, XVIII, XIX, XX, XXI, XXII, XXIII , XXIV and XXV are added:

Regulation (EU) No 2023/2124

✦ Adds an indent on species targeted in Annex XIX.

Annex – point 2, Annex XIX – indent 13: – Species targeted

Regulation (EU) No 2023/2124

✦ Adds a row on registration ID in Annex XX.

Annex – point 2, Annex XX – row 6: 6. Registration ID if different from external ID

Regulation (EU) No 2023/2124

Regulation (EU) No 2023/2124

* In line with the GFCM data confidentiality policy and procedures, the “data confidentiality status” identifies the access-level criteria for the sake of data dissemination: public (P), semi-private (S) or private (R).

EXPLANATORY STATEMENT

The Rapporteur recognises the efforts done by the Commission within GFCM to achieve a level playing field in the Mediterranean. These efforts have contributed to fostering a better culture of compliance among all contracting parties. Additionally, the Rapporteur commends the enhanced role of EFCA in coordinating control and inspection activities by Member States on the basis of international control and inspection programmes. However, the Rapporteur emphasises that any progress made in decreasing overfishing in the Mediterranean is largely due to the EU fleet's commitment to reducing its fishing effort. The emergence of countries from North Africa and the Near East in the exploitation of shared fisheries has led to ecological and socio-economic effects that are not reflected well enough in GFCM decisions. In the view of the Rapporteur, the GFCM should be the instrument to safeguard European fisheries' interests in the Mediterranean.

Over the past twenty years, the Euro-Mediterranean fishing sector has seen a decline in fleet size and fishing effort, resulting in reduced employment opportunities. Effort-reduction policies have resulted in a noticeable decrease in both the volume and value of production across all sectors. Additionally, several factors have contributed to this negative trend in the European fishing sector, including economic challenges (such as rising energy costs and the impacts of COVID-19), social issues (like difficulties in finding skilled workers), and ecological factors (including increased fishing effort from non-EU Mediterranean countries, climate change, and the presence of invasive alien species).

Against this backdrop, GFCM should step up its efforts to defend the European fishing sector, paying particular attention to employment while ensuring the conservation and sustainable use of living marine resources. The Rapporteur believes the recommendations must be strictly transposed into EU law and regrets that the Commission has proposed some amendments that go beyond the scope of the GFCM recommendation, imposing additional restrictions on Member States that won't apply to other GFCM contracting parties (e.g. Albania and Montenegro). Apart from potentially damaging the Union's reputation as a leader in sustainability on the global stage, it also creates significant legal uncertainty for EU operators in the Mediterranean Sea. The Commission must ensure complete transparency in its negotiations and, especially, ensure a level playing field between EU operators and other contracting parties of the GFCM.

Additionally, the Rapporteur expresses her disappointment regarding the absence of the decisions made by GFCM in 2023 from the proposal. While she appreciates the Commission's informal support in addressing this matter, she would have preferred that these recommendations had been included in the Commission's initial proposal. The Rapporteur also raises concerns that the Commission is proposing to implement GFCM recommendations that date back to 2021 and 2022, meaning that the Union has not been complying with its international obligations for nearly four years. To ensure alignment with the most recent GFCM decisions, the Rapporteur has decided to include the 2023 recommendations in her amendments, noting that this is critical for maintaining the Union’s credibility on the international stage.

The Rapporteur, therefore, strongly urges the Commission to submit any future proposal for transposing recommendations from regional fisheries management organisations (RFMOs) within a maximum of six months from the date of their adoption at the RFMO. Notably, it has not yet been six months since the last GFCM session in November 2024. The Commission must continue on its path to ensure complete transparency in sharing its positions concerning negotiations within GFCM. The Rapporteur looks forward to receiving the Commission's proposal for the 2024 recommendations, following their legal examination.