Sittings · Document

Draft report (COM(2024)0183 – C100006/2024 – 2024/0098(COD)) 2025-04-16

Proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 2023/2124 of the European Parliament and of the Council of 4 October 2023 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area

Committee on Fisheries

Amendment 127

Stephen Nikola Bartulica

Proposal for a regulation

Recital 1

Text proposed by the CommissionAmendment
(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.(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 scientific advice and take into account a socio-economic analysis.

Or. hr

Amendment 128

France Jamet, Ton Diepeveen, António Tânger Corrêa

Proposal for a regulation

Recital 1

Text proposed by the CommissionAmendment
(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.(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.

Or. fr

Amendment 129

Giuseppe Milazzo

Proposal for a regulation

Recital 1 a (new)

Text proposed by the CommissionAmendment
(1a) Propose the adoption of conservation, management and control measures for key stocks in the Mediterranean and the Black Sea that are in line with the scientific advice while taking into consideration the socio-economic impacts;

Or. en

Amendment 130

France Jamet, Ton Diepeveen, António Tânger Corrêa

Proposal for a regulation

Recital 1 a (new)

Text proposed by the CommissionAmendment
(1a) The European fishing fleet in the Mediterranean has made considerable efforts over several management plans.

Or. fr

Amendment 131

Stephen Nikola Bartulica

Proposal for a regulation

Recital 3

Text proposed by the CommissionAmendment
(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 unless their content is already covered thereby. 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.(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 unless their content is already covered thereby. 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 be strictly transposed, in order to establish a level playing field for all operators, without burdening them beyond the legal boundaries set by the GFCM recommendations.

Or. hr

Amendment 132

Giuseppe Milazzo

Proposal for a regulation

Recital 3

Text proposed by the CommissionAmendment
(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 unless their content is already covered thereby. 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.(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 EU operators vis-à-vis operators from other contracting parties to the GFCM Agreement, unless their content is already covered thereby. 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.

Or. it

Amendment 133

Giuseppe Milazzo

Proposal for a regulation

Recital 3

Text proposed by the CommissionAmendment
(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 unless their content is already covered thereby. 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.(3) Recommendations adopted by the General Fisheries Commission for the Mediterranean (GFCM) are binding on its contracting parties and ensure that technical measures are established in the spirit of a level playing field amongst all Contracting Parties Those recommendations are thus binding on the Union and should therefore be implemented into Union law unless their content is already covered thereby. 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.

Or. en

Amendment 134

France Jamet, Ton Diepeveen, António Tânger Corrêa

Proposal for a regulation

Recital 3

Text proposed by the CommissionAmendment
(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 unless their content is already covered thereby. 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.(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 unless their content is already covered thereby, while avoiding excessive transposition. 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.

Or. fr

Amendment 135

Emma Wiesner, Oihane Agirregoitia Martínez

Proposal for a regulation

Recital 3 a (new)

Text proposed by the CommissionAmendment
(3a) It is of importance that the Union implements its international obligation in a timely and correct manner. This in order to bring predictability to the operators as well as ensuring a level playing field and to ensure that we are a reliable international partner. In order to ensure this it is of high importance that the relevant institutions in the EU develop a well-functioning cooperation which ensure strong negotiating positions that after adoption at the GFCM can be swiftly implemented into EU law. Reduction of the current delay of our international obligations must be tackled in a more expeditious manner.

Or. en

Amendment 136

Stephen Nikola Bartulica

Proposal for a regulation

Recital 3 a (new)

Text proposed by the CommissionAmendment
(3a) EU fishing vessels may not be subject to different or more stringent measures than those applicable to other contracting parties to the GFCM.

Or. hr

Amendment 137

France Jamet, Ton Diepeveen, António Tânger Corrêa

Proposal for a regulation

Recital 6

Text proposed by the CommissionAmendment
(6) This Regulation should implement into Union law the measures laid down in the following recommendations which are not yet covered by Union law.(6) This Regulation should implement into Union law, while avoiding any excessive transposition, the measures laid down in the following recommendations where they are not already covered by Union law.

Or. fr

Amendment 138

France Jamet, Ton Diepeveen, António Tânger Corrêa

Proposal for a regulation

Recital 6 a (new)

Text proposed by the CommissionAmendment
(6a) Proper transposition of the provisions of the GFCM Agreement should take account of the socio-economic impact.

Or. fr

Amendment 139

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Recital 7

Text proposed by the CommissionAmendment
(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 and Recommendation GFCM/44/2021/5 on the establishment of a fisheries restricted area in the gulf of lion to protect spawning aggregations and deep-sea sensitive habitats, repealing Recommendation GFCM/33/2009/1.(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 and Recommendation GFCM/44/2021/5 on the establishment of a fisheries restricted area in the gulf of lion to protect spawning aggregations and deep-sea sensitive habitats, repealing Recommendation GFCM/33/2009/1. The Union should step up its effort in the next years to strengthen the level of protection of the fisheries restricted area in the Gulf of Lion, by introducing a permanent closure to bottom-contacting gear to make sure it achieves the recovery of fish populations and marine ecosystems, as a priority area for conservation in the Mediterranean.

Or. en

Amendment 140

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Recital 9

Text proposed by the CommissionAmendment
(9) At its annual session in 2021, the GFCM also adopted Recommendation GFCM/44/2021/13 on the mitigation of fisheries impacts for the conservation of seabirds in the Mediterranean Sea, 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.(9) At its annual session in 2021, the GFCM also adopted Recommendation GFCM/44/2021/13 on the mitigation of fisheries impacts for the conservation of seabirds in the Mediterranean Sea, 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. One of the objectives of the Technical Measures Regulation (regulation (EU) 2019/1241) is to minimise and, where possible, eliminate incidental catches of sensitive marine species. Therefore, Member States should step up their action and adopt measures to reduce or, where possible, eliminate bycatch of sensitive species.

Or. en

Amendment 141

Thomas Bajada

Proposal for a regulation

Recital 13

Text proposed by the CommissionAmendment
(13) At its annual session in 2022, the GFCM adopted Recommendation GFCM/45/2022/1 on a multiannual management plan for European eel in the Mediterranean Sea, amending Recommendation GFCM/42/2018/1.deleted

Or. en

Justification

Repealed by new Rec GFCM/46/2023/16 included in new Recital 23A

Amendment 142

Thomas Bajada

Proposal for a regulation

Recital 14

Text proposed by the CommissionAmendment
(14) At its annual session in 2022, the GFCM also adopted Recommendation GFCM/45/2022/2 on a management plan for the sustainable exploitation of red coral in the Mediterranean Sea, amending Recommendation GFCM/43/2019/4.deleted

Or. en

Justification

Replaced by GFCM/47/2024/2 to be included as new Recital 23B.

Amendment 143

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Recital 21

Text proposed by the CommissionAmendment
(21) At its annual session in 2022, the GFCM also adopted Recommendation GFCM/45/2022/11 on the establishment of a set of minimum standards for fisheries restricted areas in the GFCM area of application.(21) At its annual session in 2022, the GFCM also adopted Recommendation GFCM/45/2022/11 on the establishment of a set of minimum standards for fisheries restricted areas in the GFCM area of application. Fisheries Restricted Areas (FRAs) in the Mediterranean Sea, when they have a sufficient level of protection, minimise incidental catches, protect fish spawning and nursery areas and juveniles, and reduce impacts on sensitive habitats, in particular the seabed. Therefore, the Union shall increase the network of FRAs and their level of protection.

Or. en

Amendment 144

Thomas Bajada

Proposal for a regulation

Recital 23 a (new)

Text proposed by the CommissionAmendment
(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/45/2022/1 and GFCM/42/2018/1.

Or. en

Amendment 145

Thomas Bajada

Proposal for a regulation

Recital 23 b (new)

Text proposed by the CommissionAmendment
(23b) At its annual session in 2024, the GFCM also adopted Recommendation GFCM/47/2024/2 on long-term measures for the sustainable exploitation of red coral, amending Recommendation GFCM/43/2019/4 and repealing Recommendations GFCM/45/2022/2 and GFCM/46/2023/13.

Or. en

Amendment 146

Thomas Bajada

Proposal for a regulation

Recital 24 a (new)

Text proposed by the CommissionAmendment
(24a) At its annual session in 2024, the GFCM also adopted Recommendation GFCM/47/2024/5 on the implementation of a fishing effort regime for key demersal stocks in the Adriatic Sea (geographical subareas 17 and 18) in 2025, stemming from Recommendation GFCM/43/2019/5.

Or. en

Amendment 147

Thomas Bajada

Proposal for a regulation

Recital 25 a (new)

Text proposed by the CommissionAmendment
(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.

Or. en

Amendment 148

France Jamet, Ton Diepeveen

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) No 2023/2124

Article 3 – point 9

Text proposed by the CommissionAmendment
(9) “Fisheries restricted area” means a geographically-defined area in which some specific fishing activities are temporarily banned or restricted in order to improve the conservation and sustainable use of marine living resources in the GFCM area of application;deleted

Or. fr

Amendment 149

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point b

Regulation (EU) No 2023/2124

Article 3 – point 10

Text proposed by the CommissionAmendment
(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 in accordance with Recommendation GFCM/40/2016/1 on a regional scheme on port state measures to combat illegal, unreported and unregulated fishing activities in the GFCM area of application;(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;

Or. en

(32023R2124)

Justification

The deletion of GFCM Recommendation is to avoid circular references

Amendment 150

Anna Maria Cisint, Ton Diepeveen, António Tânger Corrêa

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 2023/2124

Article 4 – paragraph 1

Text proposed by the CommissionAmendment
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 freshwaters and transitional and brackish waters, such as lagoons and estuaries.This Chapter applies to all fishing activities catching European eel (Anguilla anguilla), namely professional and recreational fisheries, in all the waters of the Mediterranean Sea as provided for in Annex I.

Or. en

Justification

Inland waters cannot be considered part of a marine area or a marine area, as they do not fall within the competence of the GFCM (Article 3 of the GFCM Agreement). Moreover, an incidental activity cannot be legally regulated because it is implicitly excluded from the regulation of the activity per se and therefore falls within the scope of infringements of the regulated activity.

Amendment 151

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 2 a (new)

Regulation (EU) No 2023/2124

Article 12 – paragraphs 4 and 5 (new)

Text proposed by the CommissionAmendment
(2a) In Article 12 the following paragraphs are added:
“4. 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. Each Member State shall maintain and keep an up-to-date list of auction halls, bodies or persons authorised by that Member State to undertake the first marketing of European eel.”

Or. en

Justification

GFCM/46/2023/16 para 42 and 43

Amendment 152

Anna Maria Cisint, Ton Diepeveen, António Tânger Corrêa

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – introductory part

Regulation (EU) No 2023/2124

Text proposed by the CommissionAmendment
(3) the following Article 12a is inserted between Article 12 and Article 13:(3) the following Articles 12a and 12b are inserted between Article 12 and Article 13:

Or. en

Amendment 153

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – introductory part

Regulation (EU) No 2023/2124

Text proposed by the CommissionAmendment
(3) the following Article 12a is inserted between Article 12 and Article 13:(3) the following Articles 12a and 12b are inserted between Article 12 and Article 13:

Or. en

Amendment 154

Anna Maria Cisint, Ton Diepeveen, António Tânger Corrêa

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EU) No 2023/2124

Article 12a – title

Text proposed by the CommissionAmendment
Recreational fisheriesProfessional fisheries

Or. en

Amendment 155

Anna Maria Cisint, Ton Diepeveen, António Tânger Corrêa

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EU) No 2023/2124

Article 12a – paragraph 1

Text proposed by the CommissionAmendment
Member States shall ensure that recreational fishing of all stages of European eel (glass, yellow, silver) is prohibited in all habitats.” ;Member States shall ensure that professional fishing of eel at all stages of its life cycle (glass, yellow, silver) is prohibited in all waters of the Mediterranean Sea listed in Annex I .”;

Or. en

Amendment 156

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 3 a (new)

Regulation (EU) No 2023/2124

Article 12b (new)

Text proposed by the CommissionAmendment
(3a) The following Article 12b is inserted between Article 12 and Article 13:
“Article 12b
Data collection
1. Member States shall transmit to the Commission, or a body designated by it, 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. The Commission shall transmit that data to GFCM Secretariat by 31 December.
3. On a voluntary basis, Member States may also transmit to the Commission that shall transmit it to GFCM Secretariat any additional information.”

Or. en

(32023R2124)

Justification

GFCM/46/2023/16 para 28 to 30. and GFCM/41/2017/1 para 2.

Amendment 157

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EU) No 2023/2124

Article 12b (new)

Text proposed by the CommissionAmendment
Article 12b
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.

Or. en

Justification

GFCM/46/2023/16

Amendment 158

Anna Maria Cisint, Ton Diepeveen, António Tânger Corrêa

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Regulation (EU) No 2023/2124

Article 12b (new)

Text proposed by the CommissionAmendment
Article 12b
Recreational fishing
Member States shall ensure that recreational fishing of eel may be permitted, for the yellow phase only, under strictly controlled conditions and selectively for small quantities.

Or. en

Justification

Recreational eel fishing is a very important cultural tradition in several European countries. The recreational fishing of some specimens, could be granted for short periods and limited only to the subadult category (yellow phase), thus protecting the reproducers (silver phase). A high quota levy would not have a significant impact on the population of the species at Union level, as it is included in the percentage of losses suffered by the species in its natural state.

Amendment 159

Isabella Lövin

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – point 3 a (new)

Regulation (EU) No 2023/2124

Article 12b(new)

Text proposed by the CommissionAmendment
Article 12b
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 forthcoming session of the GFCM.”

Or. en

(https://eur-lex.europa.eu/eli/reg/2023/2124/oj/eng)

Justification

Recommendation GFCM/46/2023/16 Paragraphs 28, 29, 30

Amendment 160

France Jamet, Ton Diepeveen

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EU) No 2023/2124

Article 14 a

Text proposed by the CommissionAmendment
(4) the following Article 14a is inserted between Article 14 and Article 15:deleted
“Article 14a
Fleet management measures
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) and/or gross registered tonnage (GRT), 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.”;

Or. fr

Amendment 161

Eric Sargiacomo

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EU) No 2023/2124

Article 14 a – paragraph 1

Text proposed by the CommissionAmendment
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) and/or gross registered tonnage (GRT), 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.Member States shall ensure that the overall fleet capacity or fishing effort of the fleets actively fishing for key stocks in terms of gross tonnage (GT) and/or gross registered tonnage (GRT), 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 vessels 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.

Or. fr

Amendment 162

Eric Sargiacomo

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EU) No 2023/2124

Article 17 – paragraph 1

Text proposed by the CommissionAmendment
1. Bottom trawlers targeting deep-water red shrimp spawning aggregations shall stop fishing for 30 consecutive days between the months of March and December.1. Fishing vessels targeting deep-water red shrimp spawning aggregations shall stop fishing for 30 consecutive days between the months of March and December.

Or. fr

Amendment 163

France Jamet, António Tânger Corrêa

Proposal for a regulation

Article 1 – paragraph 1 – point 9

Regulation (EU) No 2023/2124

Article 20

Text proposed by the CommissionAmendment
Notwithstanding Article 9 of Regulation (EC) No 1224/2009, all vessels above 12 metres in length overall (LOA) actively fishing within the scope of this section shall be equipped with a satellite-based vessel monitoring system (VMS).All vessels above 12 metres in length overall (LOA) actively fishing within the scope of this section shall be equipped with a satellite-based vessel monitoring system (VMS).

Or. fr

Amendment 164

France Jamet, António Tânger Corrêa

Proposal for a regulation

Article 1 – paragraph 1 – point 9

Regulation (EU) No 2023/2124

Article 20

Text proposed by the CommissionAmendment
Notwithstanding Article 9 of Regulation (EC) No 1224/2009, all vessels above 12 metres in length overall (LOA) actively fishing within the scope of this section shall be equipped with a satellite-based vessel monitoring system (VMS).All vessels above 25 metres in length overall (LOA) actively fishing within the scope of this section shall be equipped with a satellite-based vessel monitoring system (VMS).

Or. fr

Amendment 165

France Jamet, Ton Diepeveen

Proposal for a regulation

Article 1 – paragraph 1 – point 9

Regulation (EU) No 2023/2124

Article 20

Text proposed by the CommissionAmendment
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 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.deleted

Or. fr

Amendment 166

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EU) No 2023/2124

Article 23a

Text proposed by the CommissionAmendment
Member States shall ensure that the overall fleet capacity in terms of gross tonnage (GT) and/or gross registered tonnage (GRT), 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.Member States shall ensure that the overall fleet capacity in terms of gross tonnage (GT) and/or gross registered tonnage (GRT), 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.

Or. en

Justification

GFCM/45/2022/6 para 23

Amendment 167

Eric Sargiacomo

Proposal for a regulation

Article 1 – paragraph 1 – point 11

Regulation (EU) No 2023/2124

Article 23 a

Text proposed by the CommissionAmendment
Member States shall ensure that the overall fleet capacity in terms of gross tonnage (GT) and/or gross registered tonnage (GRT), 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.Member States shall ensure that the overall fleet capacity in terms of gross tonnage (GT) and/or gross registered tonnage (GRT), engine power (kW) and number of vessels, as recorded both in national and GFCM registers, does not exceed the fleet capacity fishing deep water shrimps in year 2019.

Or. fr

Amendment 168

Eric Sargiacomo

Proposal for a regulation

Article 1 – paragraph 1 – point 14

Regulation (EU) No 2023/2124

Article 26

Text proposed by the CommissionAmendment
1. Bottom trawlers targeting deep-water red shrimp spawning aggregations shall stop fishing for 30 consecutive days between the months of March and December.1. Depending on the results communicated by the Member States during the transitional period mentioned in Recommendation 45/2022/7, bottom trawlers targeting deep-water red shrimp spawning aggregations shall stop fishing for 30 consecutive days between the months of March and December.

Or. fr

Amendment 169

France Jamet, António Tânger Corrêa

Proposal for a regulation

Article 1 – paragraph 1 – point 16

Regulation (EU) No 2023/2124

Article 29

Text proposed by the CommissionAmendment
Notwithstanding Article 9 of Regulation (EC) No 1224/2009, all vessels above 12 metres in length overall (LOA) actively fishing within the scope of this section shall be equipped with a satellite-based vessel monitoring system (VMS).All vessels above 25 metres in length overall (LOA) actively fishing within the scope of this section shall be equipped with a satellite-based vessel monitoring system (VMS).

Or. fr

Amendment 170

France Jamet, Ton Diepeveen

Proposal for a regulation

Article 1 – paragraph 1 – point 16

Regulation (EU) No 2023/2124

Article 29

Text proposed by the CommissionAmendment
Until 8 January 2026, Member States may grant a derogation for vessels of less than 15m may derogate from the rule in the first paragraph if they operate exclusively within 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 in accordance with Article 9(5) of Regulation (EC) 1224/2009 as well as the other control means deployed to monitor those vessels. The Commission shall send this information to the GFCM Secretariat without delay.deleted

Or. fr

Amendment 171

Eric Sargiacomo

Proposal for a regulation

Article 1 – paragraph 1 – point 16

Regulation (EU) No 2023/2124

Article 29

Text proposed by the CommissionAmendment
Until 8 January 2026, Member States may grant a derogation for vessels of less than 15m may derogate from the rule in the first paragraph if they operate exclusively within 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 in accordance with Article 9(5) of Regulation (EC) 1224/2009 as well as the other control means deployed to monitor those vessels. The Commission shall send this information to the GFCM Secretariat without delay.Until 8 January 2026, Member States may grant a derogation for vessels of less than 15m may derogate from the rule in the first paragraph if they operate exclusively within 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 in accordance with Article 9(5) of Regulation (EC) 1224/2009 as well as the other control means deployed to monitor those vessels. The Commission shall send this information to the GFCM Secretariat without delay. Operators may receive financial support from the EU Maritime, Fisheries and Aquaculture Fund to equip themselves with remote electronic monitoring systems pursuant to Article 22(2) of Regulation (EU) 2021/1139.

Or. fr

Amendment 172

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 17

Regulation (EU) No 2023/2124

Article 30b

Text proposed by the CommissionAmendment
Article 30bdeleted
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 19, 20 and 21 (Ionian 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 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 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 and surveillance which they intend to assign to the Scheme for the following year. The Commission or body designated by it shall send this information to the GFCM Secretariat by 1 December of each year or as soon as possible before the commencement of inspection activities.
5. Inspectors assigned to the Scheme shall carry a GFCM inspector card issued by the competent authorities, which shall be in the form set out in Annex IV.
6. Vessels carrying out boarding and inspection duties in accordance with the Scheme shall fly a special flag or pennant, as described in Annex V.
7. Each Member State shall ensure that every inspection platform entitled to fly its flag operating in the area referred to in paragraph 1 maintains secure contact, daily where possible, with every other inspection platform operating in that area, to exchange information necessary to coordinate the activities.
8. Each Member State with an inspection or surveillance presence in the area referred to in paragraph 1 shall provide to each inspection platform, upon its entry into the area, a list of sightings established in accordance with Annex VII, of boardings and inspections it has conducted in the previous 10-day period, including dates, coordinates and any other relevant information.

Or. en

Justification

The article is inserted as new Article 121a.

Amendment 173

France Jamet, Ton Diepeveen, António Tânger Corrêa

Proposal for a regulation

Article 1 – paragraph 1 – point 17

Regulation (EU) No 2023/2124

Article 30b – paragraph 2

Text proposed by the CommissionAmendment
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.2. Member States may assign inspectors and inspection means and carry out inspections under the Scheme.

Or. fr

Amendment 174

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 17

Regulation (EU) No 2023/2124

Article 30c

Text proposed by the CommissionAmendment
Article 30cdeleted
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.

Or. en

Justification

The article is inserted as new Article 121b.

Amendment 175

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 17

Regulation (EU) No 2023/2124

Article 30d

Text proposed by the CommissionAmendment
Article 30ddeleted
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 both directly and through the GFCM Secretariat. 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 and follow-up taken to the GFCM Secretariat.
5. Member States’ authorities shall act on inspection reports, as referred to in Article 30(3), sighting information sheet as provided in Annex VII and statements resulting from documentary inspections by inspectors on a similar basis as they act on reports and statements of national inspectors.”

Or. en

Justification

The article is inserted as new Article 121c.

Amendment 176

Eric Sargiacomo

Proposal for a regulation

Article 1 – paragraph 1 – point 20

Regulation (EU) No 2023/2124

Article 36

Text proposed by the CommissionAmendment
1. Bottom trawlers targeting deep-water red shrimp spawning aggregations shall stop fishing for 30 consecutive days between the months of March and December.1. Depending on the results communicated by the Member States during the transitional period mentioned in Recommendation 45/2022/7, bottom trawlers targeting deep-water red shrimp spawning aggregations shall stop fishing for 30 consecutive days between the months of March and December.

Or. fr

Amendment 177

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 22 – introductory part

Text proposed by the CommissionAmendment
(22) the following Articles 37a, 37b, 37c and 37d are inserted between Article 37 and Article 38:(22) the following Article 37a is inserted between Article 37 and Article 38:

Or. en

Justification

Moved to final provisions applicable to all Regulation see new Articles 121a, 121b and 121c.

Amendment 178

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 22

Regulation (EU) No 2023/2124

Article 37b

Text proposed by the CommissionAmendment
Article 37bdeleted
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 12, 13, 14, 15 and 16 (Strait of Sicily), 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 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, not later than 15 November of each year, notify to the Commission, or a body designated by it, on 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 and surveillance which they intend to assign to the Scheme for the following year. The Commission or a body designated by it shall send this information to the GFCM Secretariat by 1 December of each year or as soon as possible before the commencement of inspection activities.
5. Inspectors assigned to the Scheme shall carry a GFCM inspector card issued by the competent authorities, which shall be in the form set out in Annex IV.
6. Vessels carrying out boarding and inspection duties in accordance with the Scheme shall fly a special flag or pennant, as described in Annex V.
7. Each Member State shall ensure that every inspection platform entitled to fly its flag operating in the area referred to in paragraph 1 maintains secure contact, daily where possible, with every other inspection platform operating in that area, to exchange information necessary to coordinate the activities.
8. Each Member State with an inspection or surveillance presence in the area referred to in paragraph 1 shall provide to each inspection platform, upon its entry into the area, a list of sightings established in accordance with Annex VII, of boardings and inspections it has conducted in the previous 10-day period, including dates, coordinates and any other relevant information.

Or. en

Justification

Moved to final provisions applicable to all Regulation see new Articles 121a, 121b and 121c.

Amendment 179

France Jamet, Ton Diepeveen, António Tânger Corrêa

Proposal for a regulation

Article 1 – paragraph 1 – point 22

Regulation (EU) No 2023/2124

Article 37b – paragraph 2

Text proposed by the CommissionAmendment
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.2. Member States may assign inspectors and inspection means and carry out inspections under the Scheme.

Or. fr

Amendment 180

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 22

Regulation (EU) No 2023/2124

Article 37c

Text proposed by the CommissionAmendment
Article 37cdeleted
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.

Or. en

Justification

Moved to final provisions applicable to all Regulation see new Articles 121a, 121b and 121c.

Amendment 181

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 22

Regulation (EU) No 2023/2124

Article 37d

Text proposed by the CommissionAmendment
Article 37ddeleted
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 both directly and through the GFCM Secretariat. 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 and follow-up taken to the GFCM Secretariat.
5. Member States’ authorities shall act on inspection reports, as referred to in Article 37(c), sighting information sheet as provided in Annex VII and statements resulting from documentary inspections by inspectors on a similar basis as they act on reports and statements of national inspectors.”;

Or. en

Justification

Moved to final provisions applicable to all Regulation see new Articles 121a, 121b and 121c.

Amendment 182

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 23 a (new)

Regulation (EU) No 2023/2124

Article 46 – paragraph 1

Present textAmendment
(23a) Article 46 is replaced by the following:
Article 46"Article 46
Remotely operated underwater vehicles (ROVs)Remotely operated underwater vehicles (ROVs)
1. The use of remotely operated underwater vehicles (ROVs) shall be prohibited in the area referred to in Article 38.The use of remotely operated vehicles (ROVs) shall be allowed through the end of the GFCM research programme for scientific purposes only and within Member States -authorized research programmes led by scientific institutions. Such authorizations shall be without prejudice to stricter measures adopted by Member States."

Or. en

(https://eur-lex.europa.eu/eli/reg/2023/2124)

Justification

GFCM/46/2023/13

Amendment 183

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 23 a (new)

Regulation (EU) No 2023/2124

Article 46 – paragraph 2

Present textAmendment
(23a) 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."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 authorized research programmes led by scientific institutions. Such authorizations shall be without prejudice to stricter measures adopted by Member States."

Or. en

(32023R2124)

Justification

GFCM/44/2024/2.

Amendment 184

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 24 a (new)

Regulation (EU) No 2023/2124

Article 55

Text proposed by the CommissionAmendment
(24a) Article 55 is replaced by the following:
Article 55
Traceability of red coral products
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 illegal, unregulated and unreported (IUU) fishing activities.
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 1 January 2025 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[RFR2] or an equivalent document, such as the harvest certificate in force in the exporting Member States.
7. Each harvest certificate shall have a unique document identification number. This number shall be specific to the flag Member States and be assigned to each fisher or harvesting vessel. The certificates shall not be transferable to another fisher or harvesting vessel.
8. Member States shall validate harvest certificates only when all the information contained in the red coral Catch Documentation Scheme have been established to be accurate as a result of the verification of the supporting documents and corresponding consignment.
9. Member States shall report to the Commission or a body designated by it on their Catch Documentation Scheme, as well as possible tagging and identification requirements and traceability and tracking requirements for red coral harvesting, which shall be in line with the provisions of this article in order to effectively ensure that the traceability objective is met. The Commission or a body designated by it shall notify the GFCM Secretariat each Member State Catch Documentation Scheme .
10.The re-export of products imported under a harvest certificate in accordance with this article shall be authorized through the validation, by the competent authorities of the Member States from which re-export is to take place, of the “re-export” section of the harvest certificate referred to in the Annex XX or a copy thereof in which the fishery products to be re-exported are included as a part of the products imported.
11. When a Member States identifies non-compliance with the obligations contained in this recommendation, it shall inform the flag Member States as well as the GFCM Secretariat.
12. Member States shall report to the Commission or a body designated by it of their competent authorities responsible for validating, checking and verifying the harvest 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 or a body designated by it shall notify the GFCM Secretariat the competent authorities and contact points and other information relevant to the implementation of the Catch Documentation Scheme.
13. Member States shall maintain the validated paper-based red coral harvest certificates for a period of ten years.
14. Member States shall report annually on the implementation of the paper-based red coral Catch Documentation Scheme, 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 Member States shall submit the report to the Commission or a body designated by it no later than 45 days before each year session of the Compliance Committee (CoC). The Commission or body designated by it shall submit the reports to the GFCM Secretariat no later than 30 days before each year session of the Compliance Committee (CoC).

Or. en

Justification

GFCM/46/2023/19

Amendment 185

France Jamet, Ton Diepeveen

Proposal for a regulation

Article 1 – paragraph 1 – point 28

Regulation (EU) No 2023/2124

Article 59 – paragraph 1

Text proposed by the CommissionAmendment
1. Fishing activities with bottom longlines, gillnets and trammel nets targeting European hake spawning aggregations shall be stopped for 30 consecutive days between the months of March and April. Member States shall communicate data on these temporal restrictions to the Commission by 31 May of each year. The Commission shall transmit that information to the GFCM Secretariat by 30 June of each year.deleted

Or. fr

Amendment 186

France Jamet, Ton Diepeveen

Proposal for a regulation

Article 1 – paragraph 1 – point 28

Regulation (EU) No 2023/2124

Article 59 – paragraph 2

Text proposed by the CommissionAmendment
2. Every year from 1 July until 30 September, fishing activities with bottom trawlers, irrespective of the vessels’ length overall shall not be allowed between the coast and the 200 m depth isobath in GSA 14 (Gulf of Gabès).deleted

Or. fr

Amendment 187

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 31 a (new)

Regulation (EU) No 2023/2124

Article 63

Present textAmendment
Article 63deleted
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 GSAs 12, 13, 14, 15 and 16, 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 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, not later than 31 October of each year, notify to the Commission or 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 and surveillance which they intend to assign to the Scheme for the following year. The Commission or a body designated by it shall send this information to the GFCM Secretariat by 1 December of each year or as soon as possible before the commencement of inspection activities.
5. Inspectors assigned to the Scheme shall carry a GFCM identity card issued by the competent authorities, which shall be in the form set out in Annex IV.
6. Vessels carrying out boarding and inspection duties in accordance with the Scheme shall fly a special flag or pennant, as described in Annex V.
7. Each Member State shall ensure that every inspection platform entitled to fly its flag operating in the area referred to in paragraph 1 maintains secure contact, daily where possible, with every other inspection platform operating in that area, to exchange information necessary to coordinate the activities.
8. Each Member State with an inspection or surveillance presence in the area referred to in paragraph 1 shall provide to each inspection platform, upon its entry into the area, a list of sightings established in accordance with Annex VII, of boardings and inspections it has conducted in the previous 10-day period, including dates, coordinates and any other relevant information.

Or. en

(32023R2124)

Justification

The article is inserted as new Article 121b.

Amendment 188

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 31 b (new)

Regulation (EU) No 2023/2124

Article 64

Present textAmendment
Article 64deleted
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.

Or. en

(32023R2124)

Justification

The article is inserted as new Article 121a.

Amendment 189

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 32

Regulation (EU) No 2023/2124

Article 65 – paragraph 5

Text proposed by the CommissionAmendment
(32) in Article 65, paragraph 5 is replaced by the following:deleted
‘5. Member States’ authorities shall act on inspection reports as referred to in Article 64(3), sighting information sheets as provided in Annex VII and statements resulting from documentary inspections by inspectors on a similar basis as they act on reports and statements of national inspectors established in accordance with their national legislation.”;’

Or. en

Amendment 190

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 32 a (new)

Regulation (EU) No 2023/2124

Article 65

Present textAmendment
Article 65deleted
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 both directly and through the GFCM Secretariat. 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 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 landing point 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 and follow-up taken to the GFCM Secretariat.
5. Member States’ authorities shall act on inspection reports, as referred to in Article 64(3), and statements resulting from documentary inspections by inspectors on a similar basis as they act on reports and statements of national inspectors.

Or. en

(32023R2124)

Justification

The article is inserted as new Article 121c.

Amendment 191

France Jamet, António Tânger Corrêa

Proposal for a regulation

Article 1 – paragraph 1 – point 34

Regulation (EU) No 2023/2124

Article 72

Text proposed by the CommissionAmendment
1. Notwithstanding Article 9 of Council Regulation (EC) No 1224/2009, authorised trawl vessels fishing within the scope of this section above 12 metres in LOA shall be equipped with a satellite-based VMS. Notwithstanding Article 9(3) of Council Regulation (EC) No 1224/2009, authorised trawl vessels below 9 metres LOA shall be equipped with an appropriate system of geopositioning.1. Authorised trawl vessels fishing within the scope of this section above 25 metres in LOA shall be equipped with a satellite-based VMS. Authorised trawl vessels below 18 metres LOA shall be equipped with an appropriate system of geopositioning.

Or. fr

Amendment 192

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 35

Regulation (EU) No 2023/2124

Article 73

Text proposed by the CommissionAmendment
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.”;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.”;

Or. en

Justification

Amendment to para 39 on Article 77a (number of days and period of the year, from GFCM/2024/3, para 3.

Amendment addition of paragraph 4 in Article 78 – from GFCM/2024/3, para 5.

Amendment 193

Stephen Nikola Bartulica

Proposal for a regulation

Article 1 – paragraph 1 – point 35 a (new)

Regulation (EU) No 2023/2124

Article 74 – paragraph 5

Text proposed by the CommissionAmendment
(35a) In article 74, paragraph 5 is deleted.

Or. en

Justification

Article 74, paragraph 5 of Regulation (EU) 2023/2124 would exceed the scope of GFCM Recommendation GFCM/44/2021/20 and impose additional measures and restrictions on Member States.

Amendment 194

France Jamet, António Tânger Corrêa

Proposal for a regulation

Article 1 – paragraph 1 – point 36

Regulation (EU) No 2023/2124

Article 74b

Text proposed by the CommissionAmendment
Catches of target species as well as catches of non-target species in excess of 50 kg shall be declared by electronic means by vessels above 12 metres length and by vessels catching more than 10 000 kg per year, regardless of their length.Catches of target species as well as catches of non-target species in excess of 50 kg shall be declared by electronic means by vessels above 18 metres length and by vessels catching more than 10 000 kg per year, regardless of their length.

Or. fr

Amendment 195

France Jamet, Ton Diepeveen

Proposal for a regulation

Article 1 – paragraph 1 – point 40

Regulation (EU) No 2023/2124

Article 79 – paragraph 10

Text proposed by the CommissionAmendment
10. Notwithstanding Article 9 of Regulation (EC) No 1224/2009, by 1 January 2024 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.deleted

Or. fr

Amendment 196

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 42 a (new)

Regulation (EU) No 2023/2124

Article 81

Present textAmendment
Article 81(42a) Article 81 is replaced by the following:
Scope"Scope
This Chapter applies to all commercial fishing activities targeting common dolphinfish (Coryphaena hippurus) using fish aggregating devices (FADs) throughout the Mediterranean Sea (GSAs 1 to 27)This Chapter applies to pelagic fishing activities in the Mediterranean Sea (GSAs 1 to 27) targeting common dolphinfish (Coryphaena hippurus) using fishing aggregating devices (FADs) as well as to recreational fishing."

Or. en

(32023R2124)

Justification

GFCM/46/2023/14 para 1

Amendment 197

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 42 b (new)

Regulation (EU) No 2023/2124

Article 83

Present textAmendment
Article 83(42b) Article 83 is replaced by the following
Transitional management measures"Transitional management measures
Member States considering starting to target common dolphinfish using FADs shall submit to the Commission their national measures once adopted and the Commission shall transmit those measures to the GFCM Secretariat without delay.A transitional fishing regime is 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: either i) on the basis of the average of any two years’ landings during the period 2018–2022 or ii) on the basis of landings in 2022."

Or. en

(32023R2124)

Justification

GFCM/46/2023/14 para 11

Amendment 198

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 42 c (new)

Regulation (EU) No 2023/2124

Article 84

Present textAmendment
Article 84(42c) In Article 84 a new paragraph 3 is inserted
Scientific monitoring, adaptation and revision of management measures"Scientific monitoring, adaptation and revision of management measures
1. Member States shall monitor the biological and environmental impact of FADs used by vessels flying their flag and exploiting common dolphinfish.1. Member States shall monitor the biological and environmental impact of FADs used by vessels flying their flag and exploiting common dolphinfish.
2. With a view to facilitating the provision of advice by the SAC for the revision of the measures provided for in this Chapter, Member States shall collect the existing relevant data, including research survey data, in order to contribute to the SAC’s collation of data.2. With a view to facilitating the provision of advice by the SAC for the revision of the measures provided for in this Chapter, Member States shall collect the existing relevant data, including research survey data, in order to contribute to the SAC’s collation of data.
3. 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."

Or. en

(32023R2124)

Justification

GFCM/46/2023/14 para 41

Amendment 199

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 42 g (new)

Regulation (EU) No 2023/2124

Text proposed by the CommissionAmendment
(42g) In Article 86 a new paragraph is inserted before paragraph 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, until 8 years from the date of the initial adoption of the management measures or management plans adopted at the national level stablished in accordance to previous article, the fleet capacity for common dolphinfish in FAD fisheries in the year 2019.

Or. en

Amendment 200

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 42 i (new)

Regulation (EU) No 2023/2124

Chapter VII

Present textAmendment
(42i) The title is amended as follows:
CHAPTER VII"CHAPTER VII
DolphinfishCommon Dolphinfish"

Or. en

(32023R2124)

Amendment 201

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 43 a (new)

Regulation (EU) No 2023/2124

Article 85

Present textAmendment
Article 85(43a) Article 85 is replaced by the following:
National management measures"National management measures
Member States targeting common dolphinfish using FADs and lacking national management measures shall adopt national management measures including at least the set of measures containing the elements listed in Annex IX.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 of the management measures or management plans adopted at the national level.
3. Where appropriate, should these measures be modified, the Member States shall communicate to the Commission 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."

Or. en

(32023R2124)

Justification

GFCM/46/2023/14 para 66 to 67

Amendment 202

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 44 a (new)

Regulation (EU) 2023/2124

Article 87

Present textAmendment
Article 87(44a) Paragraph 5 is amended as follows:
Reporting of FAD fishing activities"Reporting of FAD fishing activities
1. Without prejudice to Regulation (EU) 2017/1004 of the European Parliament and of the Council (18), Member States shall set up an appropriate system of collection and treatment of catch and fishing effort data.1. Without prejudice to Regulation (EU) 2017/1004 of the European Parliament and of the Council (18), Member States shall set up an appropriate system of collection and treatment of catch and fishing effort data.
2. Member States shall report to the Commission by 15 January of each year the number of vessels involved in the fishery, as well as the total landings and transhipments of common dolphinfish carried out in the previous year by the fishing vessels flying their flag in each GSA of the GFCM Agreement area as set out in Annex I.2. Member States shall report to the Commission by 15 January of each year the number of vessels involved in the fishery, as well as the total landings and transhipments of common dolphinfish carried out in the previous year by the fishing vessels flying their flag in each GSA of the GFCM Agreement area as set out in Annex I.
3. The Commission may adopt implementing acts as regards detailed rules for the format and transmission of such reports. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 138(2).3. The Commission may adopt implementing acts as regards detailed rules for the format and transmission of such reports. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 138(2).
4. The Commission shall transmit the information received from the Member States to the GFCM Secretariat.4. The Commission shall transmit the information received from the Member States to the GFCM Secretariat.
5. Fishers or masters of authorised fishing vessels exploiting common dolphinfish within the scope of this section shall record their fishing activities with FADs.5. Member States shall ensure that all fishing vessels flying their flag and fishers or masters of authorised fishing vessels exploiting common dolphinfish within the scope of this section record their fishing activities with FADs."

Or. en

(32023R2124)

Justification

GFCM/46/2023/14 para 52

Amendment 203

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 44 c (new)

Regulation (EU) No 2023/2124

Article 88

Present textAmendment
Article 88(44c) In Article 88, a new paragraph 3a is inserted as following
FAD composition, location, maintenance and replacement"FAD composition, location, maintenance and replacement
1. In cases where the surface structure of the FAD is covered with material, Member States shall ensure that the material concerned is removed or that the structure is covered only with material that involve minimal risk of entangling non-target species, especially vulnerable species, or affecting other vessels.1. In cases where the surface structure of the FAD is covered with material, Member States shall ensure that the material concerned is removed or that the structure is covered only with material that involve minimal risk of entangling non-target species, especially vulnerable species, or affecting other vessels.
2. FAD subsurface components shall be exclusively composed of materials that do not entangle non-target species.2. FAD subsurface components shall be exclusively composed of materials that do not entangle non-target species.
3. When designing FADs, biodegradable materials shall be prioritised.3. When designing FADs, biodegradable materials shall be prioritised.
3a. From the first day of the open FAD season in 2027, FADs should be exclusively constructed with biodegradable materials.
4. FADs shall be reliably located at their place of deployment. The design of FADs shall include an appropriate number of counterweights along the rope to ensure that the rope sinks to the sea bottom in the event that the raft section is detached and drifts away.4. FADs shall be reliably located at their place of deployment. The design of FADs shall include an appropriate number of counterweights along the rope to ensure that the rope sinks to the sea bottom in the event that the raft section is detached and drifts away.
5. Fishers or masters of fishing vessels exploiting common dolphinfish shall ensure that FADs are regularly maintained, replaced as necessary and removed when not in use. The replacement FADs shall be of the same type, design, construction, materials and identification as the FAD being replaced. Replacement anchored FADs shall be in the same position as the FAD being replaced.5. Fishers or masters of fishing vessels exploiting common dolphinfish shall ensure that FADs are regularly maintained, replaced as necessary and removed when not in use. The replacement FADs shall be of the same type, design, construction, materials and identification as the FAD being replaced. Replacement anchored FADs shall be in the same position as the FAD being replaced.
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.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.
7. Member States shall adopt all necessary measures to ensure that obsolete and unused FADs are retrieved.7. Member States shall adopt all necessary measures to ensure that obsolete and unused FADs are retrieved.
8. It shall be prohibited for a vessel flying the flag of a Member State to catch fish attracted by a FAD that has not been set by that vessel.8. It shall be prohibited for a vessel flying the flag of a Member State to catch fish attracted by a FAD that has not been set by that vessel."

Or. en

(32023R2124)

Justification

GFCM/46/2023/14 para 44

Amendment 204

Eric Sargiacomo

Proposal for a regulation

Article 1 – paragraph 1 – point 45

Regulation (EU) No 2023/2124

Article 88

Text proposed by the CommissionAmendment
6. Without prejudice to stricter provisions laid down in Articles 14(7) and Article 48 of Regulation (EC) 1224/2009, 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.6. Without prejudice to stricter provisions laid down in Articles 14(7) and Article 48 of Regulation (EC) 1224/2009, 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 in the fishing logbook. 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.

Or. fr

Amendment 205

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 45 a (new)

Regulation (EU) No 2023/2124

Article 89

Text proposed by the CommissionAmendment
(45a) In Article 89 new paragraph 3 is inserted as following:
3. In the event of FAD loss, 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.

Or. en

Justification

Future identification of FADs, should be based on Reg 1224/2009.

Amendment 206

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 45 c (new)

Regulation (EU) No 2023/2124

Article 89

Text proposed by the CommissionAmendment
(45c) A new article 89a is inserted between Article 89 and Article 90:
Article 89a
Specific measures to address IUU fishing activities.
1. Each Member States 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 each Member States.
2. Member States shall designate landing points at which landings by vessels actively fishing for common dolphinfish fished in the Mediterranean Sea shall take place. For each designated port, the concerned Member States shall specify permitted landing and trans-shipping times and places. Member States shall also ensure inspection coverage of such activities during landing and transhipping times at all designated points on the basis of a risk analysis.
3. It shall be prohibited to land or tranship from fishing vessels any quantity of common dolphinfish fished in the Mediterranean Sea at any place other than landing points designated by Member States in accordance with paragraph 2.
4. By 15 November of each year, Member States shall communicate to the Commission any change the list of designated landing points where common dolphinfish fished in the Mediterranean Sea may take place as referred in paragraph 2. By 30 November of each year, the Commission shall transmit those changes to the GFCM Secretariat.
5. Member States parties shall engage to cooperate in the fight against IUU fishing activities, in particular through sharing information and gathering intelligence to fight against illegal activities.

Or. en

Justification

GFCM/46/2023/14 para 55 to 62

Amendment 207

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 47

Regulation (EU) No 2023/2124

Article 94a

Text proposed by the CommissionAmendment
1. Member States shall issue a GFCM catch certificate to identify the origin of turbot catches in GSA 29 in all the steps of the supply chain. Such certificate shall be used to certify that such catches have been made in accordance with the conservation and management measures established in Title II Chapter VIII.deleted

Or. en

Amendment 208

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 47 a (new)

Regulation (EU) No 2023/2124

Article 94a

Text proposed by the CommissionAmendment
(47a) Article 94a (COM proposal – 2021/2022 GFCM amendment) is replaced by the following:
Article 94a Catch Documentation Scheme for turbot
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 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 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 forward those reports to the GFCM Secretariat by 1 July 2025.
7. 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 this information to the GFCM Secretariat by 1 July 2025.
8. Member States shall maintain the validated paper-based turbot catch certificates for a period of five years.
9. 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 Compliance Committee (CoC).

Or. en

Justification

GFCM/46/2023/20.

Amendment 209

Željana Zovko

Proposal for a regulation

Article 1 – paragraph 1 – point 49 – point a

Regulation (EU) No 2023/2124

Article 98 – paragraph 1

Text proposed by the CommissionAmendment
1. Member States shall ensure a high protection from fishing activities for elasmobranch species listed in Annex II and III to of the Protocol concerning specially protected areas and biological diversity in the Mediterranean”.;1. Member States shall ensure a high protection from fishing activities for elasmobranch species listed in Annex II to of the Protocol concerning specially protected areas and biological diversity in the Mediterranean”.;

Or. en

Justification

Article 1, paragraph 49 of the Proposal amending Article 98 of Regulation (EU) 2023/2124 needs to be aligned with paragraph 6 of GFCM Recommendation 42/2018/2 by removing the reference to Annex III of the Protocol of the Barcelona Convention from the provision, considering that this Annex lists cartilaginous species that are permitted for commercial exploitation but require regulated management.

Amendment 210

Isabella Lövin

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – point 49 – point a

Regulation (EU) No 2023/2124

Article 98 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. Member States shall encourage further actions to improve the conservation status of elasmobranch species listed in Annex II and III of the SPA/BD 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 Sea.

Or. en

Justification

Recommendation GFCM/44/2021/16, paragraph 2 (scope)

Amendment 211

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 49 – point b

Regulation (EU) No 2023/2124

Article 98 – paragraph –4 (new)

Text proposed by the CommissionAmendment
-4. Member States shall take the necessary steps to reduce the mortality of any elasmobranch species incidentally caught during fishing operations by adopting relevant mitigation measures, including the establishment of an incentive system for vessel captains to reduce incidental elasmobranch mortality as well as technical training and certification schemes for vessel captains; and by conducting research to improve fishing gear, equipment and fishing techniques, with to a view to reducing bycatch elasmobranch mortality and increasing post-release survival rates.

Or. en

Justification

This wording comes from recommendation GFCM/44/2021/16 and is missing in the Commission proposal.

Amendment 212

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 49 – point b

Regulation (EU) No 2023/2124

Article 98 – paragraph –4 a (new)

Text proposed by the CommissionAmendment
-4a. Member States shall adopt mitigation measures to minimize and eliminate, where possible, the incidental catch of elasmobranchs during fishing operations 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 monitoring to establish the efficacy of the actions and may include, inter alia:- fishing gear modifications and alternative fishing gear types;- improvements in fishing gear marking and detection;- time-area fishing restrictions or closures, if appropriate;- implementation of maximum potential bycatch thresholds; and- use of magnetic deterrent devices, when based on scientific studies and after a cost-benefit evaluation.

Or. en

Justification

This wording comes from recommendation GFCM/44/2021/16 and is missing in the Commission proposal.

Amendment 213

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 49 – point b

Regulation (EU) No 2023/2124

Article 98 – paragraph –4 b (new)

Text proposed by the CommissionAmendment
-4b. The Commission and 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.

Or. en

Justification

This wording comes from recommendation GFCM/44/2021/16 and is missing in the Commission proposal.

Amendment 214

Isabella Lövin

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – point 49 – point b

Regulation (EU) No 2023/2124

Article 98 – paragraph 5 a (new)

Text proposed by the CommissionAmendment
5a. Member States are encouraged to establish an incentive system for vessel captains to reduce incidental elasmobranch mortality as well as technical training and certification schemes for vessel captains as well as conducting research to improve fishing gear, equipment and fishing techniques, to reduce bycatch elasmobranch mortality and increasing post-release survival rates.

Or. en

Justification

GFCM Recommendation 44/2021/16

Amendment 215

Isabella Lövin

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – point 49 – point b

Regulation (EU) No 2023/2124

Article 98 – paragraph 5 b (new)

Text proposed by the CommissionAmendment
5b. Member States are encouraged to adopt mitigation measures to minimize and eliminate, where possible, the incidental catch of elasmobranchs during fishing operations in fisheries with a high risk of bycatch and, where possible, in fisheries with a low risk of bycatch. Such measures shall be accompanied by appropriate monitoring to establish the efficacy of the actions and may include inter alia fishing gear modifications and alternative fishing gear types, improvements in fishing gear marking and detection, time-area fishing restrictions or closures, if appropriate, implementation of maximum potential bycatch thresholds; and the use of magnetic deterrent devices, when based on scientific studies and after a cost-benefit evaluation.

Or. en

Justification

GFCM Recommendation 44/2021/16

Amendment 216

Isabella Lövin

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – point 49 – point b

Regulation (EU) No 2023/2124

Article 98 – paragraph 5 c (new)

Text proposed by the CommissionAmendment
5c. Member States are encouraged to establish other types of management such as incentive-based management to reward low impact operators while simultaneously driving poorly performing operators to adopt better practices or leave the industry, or market-based incentive management, such as elasmobranch-safe and elasmobranch-friendly labelling in medium to high-risk fisheries.

Or. en

Justification

GFCM Recommendation 44/2021/16

Amendment 217

Isabella Lövin

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – point 49 – point b

Regulation (EU) No 2023/2124

Article 98 – paragraph 5 d (new)

Text proposed by the CommissionAmendment
5d. Member States are encouraged to identify elasmobranch critical habitats, study the impacts of fishing gear and possible alternative fishing gear.

Or. en

Justification

GFCM Recommendation 44/2021/16

Amendment 218

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 50

Regulation (EU) No 2023/2124

Article 102 – paragraph 3 – point b

Text proposed by the CommissionAmendment
(b) Member States shall evaluate, by 2024, 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.”;(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.”;

Or. en

Amendment 219

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 51

Regulation (EU) No 2023/2124

Article 103a – paragraph 1

Text proposed by the CommissionAmendment
1. Member States are encouraged to take the necessary steps to implement existing legislation and mitigation measures to mitigate and, where possible, eliminate the incidental catch of sea turtles during fishing operations, such as but not limited to:1. Member States shall take the necessary steps to implement existing legislation and mitigation measures to mitigate and, where possible, eliminate the incidental catch of sea turtles during fishing operations, such as but not limited to:

Or. en

Amendment 220

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 51

Regulation (EU) No 2023/2124

Article 103a – paragraph 1 – point e

Text proposed by the CommissionAmendment
(e) rules on fishing behaviour and strategies;(e) rules on fishing behaviour and strategies; such as reduced soaking time, retrieving gear during daytime and setting hooks deeper than turtles most common depth range (40–100 metres).

Or. en

Justification

GFCM/44/2021/14: part of paragraph 3 missing

Amendment 221

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 51

Regulation (EU) No 2023/2124

Article 103a – paragraph 2

Text proposed by the CommissionAmendment
2. The Member States are encouraged to facilitate the implementation of measures to avoid entanglement during depredation activity and to reduce post-release mortality, through appropriate guidelines and training.2. The Member States shall facilitate the implementation of measures to avoid entanglement during depredation activity and to reduce post-release mortality, through appropriate guidelines and training.

Or. en

Amendment 222

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 51

Regulation (EU) No 2023/2124

Article 103a – paragraph 4

Text proposed by the CommissionAmendment
4. The Commission shall, without delay, notify the GFCM Secretariat such measures.4. The Commission shall, without delay, notify the GFCM Secretariat of such measures.

Or. en

Amendment 223

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 52

Regulation (EU) No 2023/2124

Article 105a – paragraph 1

Text proposed by the CommissionAmendment
1. Member States are encouraged to expand bycatch mitigation measures to minimize and eliminate, where possible, the incidental catch of cetaceans during fishing operations in fisheries with a high risk of bycatch identified by the SAC. Such mitigation measures shall be accompanied by an appropriate monitoring to establish the efficacy of the actions and may include, inter alia:1. Member States shall expand bycatch mitigation measures to minimize and eliminate, where possible, the incidental catch of cetaceans during fishing operations in fisheries with a high risk of bycatch identified by the SAC. Such mitigation measures shall be accompanied by an appropriate monitoring to establish the efficacy of the actions and may include, inter alia:

Or. en

Amendment 224

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 52

Regulation (EU) No 2023/2124

Article 105a – paragraph 2

Text proposed by the CommissionAmendment
2. The Member States are encouraged to facilitate the implementation of measures to avoid entanglement during depredation activity and to reduce post-release mortality, through appropriate guidelines and training.2. The Member States shall facilitate the implementation of measures to avoid entanglement during depredation activity and to reduce post-release mortality, through appropriate guidelines and training.

Or. en

Amendment 225

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 52

Regulation (EU) No 2023/2124

Article 105a – paragraph 3

Text proposed by the CommissionAmendment
3. The Member States are encouraged to identify areas with a high risk of interactions between fisheries and cetaceans and, based on the existing pressures, may consider modifying the national legislation in force.3. The Member States shall identify areas with a high risk of interactions between fisheries and cetaceans and, based on the existing pressures, may consider modifying the national legislation in force.

Or. en

Amendment 226

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 52

Regulation (EU) No 2023/2124

Article 105a – paragraph 4

Text proposed by the CommissionAmendment
4. The CPCs 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.4. The Commission and 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.

Or. en

Amendment 227

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 54

Regulation (EU) No 2023/2124

Article 106a – paragraph 1

Text proposed by the CommissionAmendment
This subsection sets minimum standards to all Fisheries Restricted Areas (FRAs) established at GFCM level and shall apply to all FRAs established at GFCM level after 2022.This subsection sets minimum standards to all Fisheries Restricted Areas (FRAs) established at GFCM level.

Or. en

Amendment 228

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 54

Regulation (EU) No 2023/2124

Article 106c – paragraph 1

Text proposed by the CommissionAmendment
Member States shall develop a scientific monitoring plan for each Fisheries Restricted Area, including a toolkit and integrated guidelines in order to provide the information necessary to assess the effectiveness of the fisheries restricted area in rebuilding the stocks and to protect the habitats and vulnerable marine ecosystemsMember States shall develop a scientific monitoring plan for each Fisheries Restricted Area, including a toolkit and integrated guidelines in order to provide the information necessary to assess the effectiveness of the fisheries restricted area in rebuilding the stocks, protecting the habitats and vulnerable marine ecosystems and enhancing the densities of organisms in terms of biomass and abundance within the Fisheries Restricted Area.

Or. en

Justification

GFCM/45/2022/11

Amendment 229

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 54

Regulation (EU) No 2023/2124

Article 106d – paragraph 5

Text proposed by the CommissionAmendment
5. The report provided for in paragraph 2 shall contain the following:5. The report provided for in paragraph 4 shall contain the following:

Or. en

Amendment 230

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 55

Regulation (EU) No 2023/2124

Article 107 – paragraph 1

Text proposed by the CommissionAmendment
1. A fisheries restricted area is established in the eastern Gulf of Lions, bounded by lines joining the geographic coordinates set out in Part A of Annex XI.1. A fisheries restricted area (FRA) is established in the eastern Gulf of Lion (geographic subarea 7), is established with a view to reinforcing the protection of spawning aggregations and deep-sea sensitive habitats.

Or. en

Justification

GFCM/46/2023/1 para 1

Amendment 231

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 55

Regulation (EU) No 2023/2124

Article 107 – paragraph 2

Text proposed by the CommissionAmendment
2. In Part A Zone (1), professional fishing vessels targeting demersal stocks using towed nets, bottom and mid-water longlines and bottom-set nets and recreational fishing activity shall be prohibited.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.

Or. en

Justification

GFCM/46/2023/1 para 2

Amendment 232

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 55

Regulation (EU) No 2023/2124

Article 107 – paragraph 3

Text proposed by the CommissionAmendment
3. Fishing activities targeting demersal stocks using towed nets, bottom and mid-water longlines as well as bottom-set nets shall be prohibited in Part A Zone (2) from 1 November to 30 April of each year.”;deleted

Or. en

Amendment 233

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 55 a (new)

Regulation (EU) No 2023/2124

Article 107a (new)

Text proposed by the CommissionAmendment
(55a) The following Article 107a is inserted between Article 107 and Article 108:
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. 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.
3. Any recreational fishing activity shall be prohibited in Zone A and B.

Or. en

Amendment 234

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 56

Regulation (EU) No 2023/2124

Article 108 – paragraph 1

Text proposed by the CommissionAmendment
1. For demersal stocks, the fishing effort (days at sea) of vessels using towed nets, bottom- and mid-water longlines and bottom-set nets in the fisheries restricted area as referred to in Article 107 shall not exceed the level of fishing effort applied in 2008 by each Member State in that area.deleted

Or. en

Amendment 235

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 56

Regulation (EU) No 2023/2124

Article 108 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. The annual fishing effort (days at sea) exerted on demersal stocks by vessels authorized 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).

Or. en

Amendment 236

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 56

Regulation (EU) No 2023/2124

Article 108 – paragraph 2

Text proposed by the CommissionAmendment
2. Member States shall not transfer effort between vessels authorized to fish in the FRA that are of differing gear.”;deleted

Or. en

Amendment 237

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 56 a (new)

Regulation (EU) No 2023/2124

Article 110

Present textAmendment
(56a) Article 110 is replaced by the following:
Article 110Article 110
Authorised vesselsAuthorised vessels
1. Vessels authorised to fish in the area referred to in Article 107 of this Regulation shall be issued with a fishing authorisation by their Member State in accordance with Article 7 of Regulation (EC) No 1224/2009.1. Vessels authorised to fish in the area referred to in Article 107 of this Regulation shall be issued with a fishing authorisation by their Member State in accordance with Article 7 of Regulation (EC) No 1224/2009.
2. Fishing vessels which do not have records of fishing within the area referred to in Article 107 prior to 31 December 2008 shall not be authorised to start fishing therein.2. Fishing vessels which do not have records of fishing within the area referred to in Article 107 prior to 31 December 2008 shall not be authorised to start fishing therein.
3. Member States shall, not later than 16 February 2012, communicate to the Commission the national legislation in force on 31 December 2008 concerning:3. Member States shall communicate to the Commission the national legislation in force on 31 December 2008 concerning:
(a) the maximum number of hours per day a vessel is permitted to engage in fishing activity;(a) the maximum time of daily fishing activity,
(b) the maximum number of days per week a vessel is permitted to stay at sea and be absent from port;and (b) the maximum number of days at sea,
and (c) the compulsory times for fishing vessels to exit from, and return to, their registered port.and (c) the legally compulsory timing of exiting and returning to the registered port.
3a. Member States shall not transfer effort between vessels authorized to fish in the FRA that use different types of gear."

Or. en

(32023R2124)

Justification

GFCM/46/2023/1 para 9 and 10.

Amendment 238

Sebastian Everding

on behalf of The Left Group

Proposal for a regulation

Article 1 – paragraph 1 – point 56 a (new)

Regulation (EU) No 2023/2124

Article 110a (new)

Text proposed by the CommissionAmendment
(56a) the following Article 110a is inserted:
Article 110a
Control and enforcement measures
1. Member States shall maintain a register of the vessels authorized to fish in the FRA.
2. No later than 30 May 2024, 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 authorized 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, no later than 30 May 2024, the legal conditions, as in force on 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 (AIS) displaying increased data transmission, and they shall have all fishing gear lashed and stowed during the entire duration of the transit. Professional fishing vessels in accordance with the GFCM recommendation shall follow a direct course at a constant speed of no less than 6 knots, except in case of force majeure or adverse conditions. In such cases, the vessel master shall immediately inform the fisheries monitoring centre of the vessel’s flag state so that it can notify the force majeure to the competent authorities of the Member States.

Or. en

Justification

GFCM/46/2023/1

Amendment 239

Isabella Lövin

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – point 56 a (new)

Regulation (EU) No 2023/2124

Article 110b (new)

Text proposed by the CommissionAmendment
(56a) 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 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 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 (AIS) displaying increased data transmission, and they shall have all fishing gear lashed and stowed during the entire duration of the transit. Professional fishing vessels in accordance with the GFCM recommendation shall follow a direct course at a constant speed of no less than 6 knots, except in case of force majeure or adverse conditions. In such cases, the vessel master shall immediately inform the fisheries monitoring centre of the vessel’s flag state so that it can notify the force majeure to the competent authorities of the Member States."

Or. en

(Regulation (EU) No 2023/2124)

Justification

GFCM/46/2023/1

Amendment 240

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 56 c (new)

Regulation (EU) No 2023/2124

Article 110

Text proposed by the CommissionAmendment
(56c) The following Articles 110a and 110b are inserted between Article 110 and Article 111:
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 authorized 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 on-board observers or remote electronic monitoring, to level the playing field between all vessels, is taken to improve data collection in view of the scientific monitoring of key species.
Article 110b
Control and enforcement measures
1. Member States shall maintain a register of the vessels authorized 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 authorized 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 Commission by 15 May 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, 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 Commission the legal conditions, as in force on 31 December 2023, regarding the maximum duration of a fishing day. The Commission shall communicate this 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.
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 (AIS) displaying increased data transmission, and they shall have all fishing gear lashed and stowed during the entire duration of the transit. Professional fishing vessels shall follow a direct course at a constant speed of no less than 6 knots, except in case of force majeure or adverse conditions. In such cases, the vessel master shall immediately inform the fisheries monitoring centre of the vessel’s flag state so that it can notify the force majeure to the competent authorities of the Member States.

Or. en

Justification

GFCM/46/2023/1 para 11 and para 12-17

Amendment 241

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 59 a (new)

Regulation (EU) No 2023/2124

Article 116

Text proposed by the CommissionAmendment
(59a) New article 116a and 116b are added after Article 116
Article 116a
Fishing restrictions in the Otranto Channel
1. Any demersal fishing activity or recreational demersal fishing activity shall be prohibited in Zona A bounded by lines joining the coordinates set out in Part Da of Annex XI.
2. For two month period between September and November 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 seventy fishing days per year to 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 be issued with a fishing authorisation by their Member State in accordance with Article 7 of Regulation (EC) No 1224/2009.
5. Member States shall send to the Commission, not later than 31 March of each year, the list of vessels for which they issued the authorisation referred to in paragraph 1. The Commission shall communicate to the GFCM Secretariat, not later than 30 April of each year the list of authorised vessels established for the forthcoming year. For each vessel, the list shall contain the information referred to in Annex VIII.
6. Authorised fishing vessels shall only land catches of demersal stocks in designated landing points. To that end, each Member State concerned shall designate landing points in which landings of catches from the Fisheries Restricted Area of Otranto Channel are authorised. The list of those designated landing points shall be communicated to the Commission by 10 April of each year. The Commission shall transmit that list to the GFCM Secretariat by 30 April of each year.
7. Fishing vessels authorised to fish in the areas referred to in Article 116a(2) with the gear referred to in paragraph 1 of this Article shall have VMS and/or Automatic Identification System (AIS) working correctly, and the fishing gear on board or in use shall be duly identified, numbered and marked before starting any fishing operation or navigating in those areas. 8. Fishing vessels equipped with bottom set nets, bottom trawl nets, set longlines and traps without authorisations shall be allowed to transit through the Fisheries Restricted Area only if they follow a direct course at a constant speed of not less than 7 knots and with VMS and/or AIS active on board, and if they do not carry out fishing activities of any kind.

Or. en

Justification

GFCM/47/2024/6.

Amendment 242

Thomas Bajada

Proposal for a regulation

Article 1 – paragraph 1 – point 60

Regulation (EU) No 2023/2124

Chapter III

Text proposed by the CommissionAmendment
2a. A new section prior to Section I of Chapter III is included with following New Articles 121a, 121b and 121c are inserted between Article 121 and Article 122:
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 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 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 surveillance in the area referred to in paragraph 1, as well as the names of the vessels and aircraft used for inspection and surveillance which they intend to assign to the Scheme for the following year. The Commission or body designated by it shall send this information to the GFCM Secretariat by 1 December of each year or as soon as possible before the commencement of inspection activities.
5. Inspectors assigned to the Scheme shall carry a GFCM inspector card issued by the competent authorities, which shall be in the form set out in Annex IV.
6. Vessels carrying out boarding and inspection duties in accordance with the Scheme shall fly a special flag or pennant, as described in Annex V.
7. Each Member State shall ensure that every inspection platform entitled to fly its flag operating in the area referred to in paragraph 1 maintains secure contact, daily where possible, with every other inspection platform operating in that area, to exchange information necessary to coordinate the activities.
8. Each Member State with an inspection or surveillance presence in the area referred to in paragraph 1 shall provide to each inspection platform, upon its entry into the area, a list of sightings established in accordance with Annex VII, of boardings and inspections it has conducted in the previous 10-day period, including dates, coordinates and any other relevant information.
Article 121b
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 121c
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 both directly and through the GFCM Secretariat. 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 and follow-up taken to the GFCM Secretariat.
5. Member States’ authorities shall act on inspection reports, as referred to in Article 121b(3), sighting information sheet as provided in Annex VII and statements resulting from documentary inspections by inspectors on a similar basis as they act on reports and statements of national inspectors established in accordance with their national legislation.

Or. en

Justification

In substitution of all provisions on: 1 - International Joint Inspection and Surveillance Scheme; 2 - Conduct of Inspection; 3 - Infringements, EC proposals in substitution of: EC New Articles 30b, 30c, and 30d, New Articles 37b, 37c and 37d, and Articles 63, 64 and 65, New Articles 75(1), 75(2) and 75(3) and New articles 89b, 89c and 89d.

Amendment 243

Thomas Bajada

Proposal for a regulation

Annex I – point 1

Regulation (EU) No 2023/2124

Annex I

Text proposed by the Commission
Amendment
In Annex I a new Paragraph Da is inserted

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

Zone A
LatitudeLongitudeClosure period
43.4549839514.3135247615 October–15 December
43.4549839514.11666227
43.7379681914.11666227
43.7379681914.31352476
43.4549839514.31352476
Zone B
LatitudeLongitudeClosure period
41.7557581316.9467141815 October–15 December
41.7557581316.70880664
42.0729681916.70880664
42.0729681916.94671418
41.7557581316.94671418

Or. en

(32023R2124)

GFCM/47/2024/5

Amendment 244

Thomas Bajada

Proposal for a regulation

Annex XI – point 1

Regulation (EU) No 2023/2124

Annex XI

Text proposed by the Commission
Amendment
A new Paragraph Da is added

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

ZONE A (CORE AREA)
ORDERIDLatitudeLongitude
1A40° 57' 43.84800000" N018° 33' 17.85600000" E
2B40° 58' 28.03368000" N018° 42' 45.85824000" E
3C40° 55' 15.45024000" N018° 46' 23.21868000" E
4D40° 52' 28.76988000" N018° 48' 11.33568000" E
5D240° 50' 10.64724000" N018° 50' 36.78360000" E
6E40° 46' 36.26328000" N018° 52' 23.60856000" E
7F40° 39' 36.98856000" N018° 57' 26.91756000" E
8G40° 30' 42.01848000" N018° 59' 22.69464000" E
9H40° 21' 40.96800000" N019° 04' 21.28800000" E
10I40° 18' 30.42000000" N018° 54' 06.12000000" E
11P40° 18' 09.88610400" N018° 44' 56.45333400" E
12O40° 21' 35.41141080" N018° 42' 55.44978840" E
13N40° 33' 48.79144800" N018° 41' 47.41117440" E
14M40° 42' 56.59378560" N018° 37' 57.75797640" E
15L40° 48' 08.42628600" N018° 30' 02.37403440" E
16K40° 50' 53.47825080" N018° 21' 48.06343080" E
17J40° 52' 12.60584760" N018° 19' 11.93260080" E
ZONE B (BUFFER AREA)
ORDERIDLatitudeLongitude
1Q40° 59' 23.96400000" N018° 32' 23.78400000" E
2R40° 52' 28.12800000" N018° 13' 56.20800000" E
3S40° 49' 07.64400000" N018° 20' 31.88400000" E
4T40° 46' 24.38400000" N018° 28' 43.32000000" E
5U40° 41' 39.37200000" N018° 35' 56.79600000" E
6V40° 33' 24.44400000" N018° 39' 13.14000000" E
7W40° 21' 05.61600000" N018° 40' 20.71200000" E
8X40° 16' 05.62800000" N018° 43' 17.50800000" E
9Y40° 16' 31.94400000" N018° 54' 19.65600000" E
10Z40° 20' 34.40400000" N019° 06' 31.70916000" E
11AA40° 30' 59.31612000" N019° 00' 54.54936000" E
12AB40° 40' 45.02136000" N018° 58' 40.49868000" E
13AC40° 45' 45.86436000" N018° 54' 12.23640000" E
14AD40° 47' 56.52672000" N018° 53' 17.58480000" E
15AD240° 49' 19.90344000" N018° 51' 20.36196000" E
16AF40° 53' 15.18144000" N018° 48' 36.66528000" E
17AE41° 00' 17.90856000" N018° 44' 47.24772000" E

Or. en

(32023R2124)

GFCM/47/2024/5