Article 1Amendments to Regulation (EU) 2023/2124Regulation (EU) 2023/2124 is amended as follows:(1)Article 3 is amended as follows:(a)the introductory part is replaced by the following:

‘For the purposes of this Regulation, the following definitions shall apply in addition to the definitions laid down in Article 4 of Regulation (EU) No 1380/2013, Article 2 of Regulation (EC) No 1967/2006, Article 2, points (1) to (4), of Regulation (EC) No 1005/2008, Article 4 of Council Regulation (EC) No 1224/2009*, Article 2, points (1) to (13), of Regulation (EU) 2019/1022 of the European Parliament and of the Council** and Article 6 of Regulation (EU) 2019/1241 of the European Parliament and of the Council***:

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* Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/1224/oj).

** Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1022/oj).

*** Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105, ELI: http://data.europa.eu/eli/reg/2019/1241/oj).’;

(b)the following points are added:

‘(9) “fisheries restricted area” means a geographically defined area in which certain specific fishing activities are temporarily banned or restricted in order to improve the conservation and sustainable use of marine living resources in the GFCM Agreement area;(10)“designated landing point” means a port, place close to the shore, offshore terminal or other installation for landing, transhipping, packaging, or processing, or for refuelling or resupplying fishing vessels, where landings, transhipments, packaging or processing operations of fishery products are permitted, designated by the GFCM 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 Agreement area;(11)“catch certificate” means an official document accompanying a consignment and validated by the competent authority, allowing the passing of accurate and verifiable information concerning fishery products throughout the supply chain;(12)“catch documentation scheme” or “CDS” means a system established in accordance with relevant international obligations, with the primary purpose of helping to determine, throughout the supply chain, whether a fishery product originates from catches that are compliant with applicable international, regional and national conservation and management measures.’;

(2)Article 4 is replaced by the following:

‘Article 4

Scope

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.’;

(3)in Article 12, the following paragraphs are added:

‘4. Member States shall set up a traceability system for landings, sales and exports allowing catches to be traced from the designated landing point to final destination, irrespective of whether the specimens are sold alive, dead or transformed.

5.Member States shall maintain and keep up-to-date a list of auction halls, bodies or persons authorised by that Member State to undertake the first placing on the market of European eel.’;

(4)the following article is inserted:

‘Article 12a

Data collection

1.Member States shall transmit to the Commission or a body designated by it the data available, including estimates where IUU fishing is known to occur. The Commission or a body designated by it shall transmit the IUU fishing information to the GFCM Secretariat as soon as possible.

2.Member States shall communicate data pertaining to fattening activities to the Commission by 15 December of each year. The Commission shall transmit those data to GFCM Secretariat by 31 December of each year.

3.On a voluntary basis, Member States may transmit additional information to the Commission, which shall transmit it to the GFCM Secretariat.’;

(5)the following article is inserted:

‘Article 14a

Fleet management measures

Member States ▌ shall ensure that the overall fleet capacity or fishing effort of fleets, operating with demersal trawls, actively fishing for key stocks listed in Article 13 does not exceed, in terms of gross tonnage (GT ▌ ), engine power (kW) and number of vessels, as recorded both in national and GFCM registers, over the duration of the relevant management plan, the number of vessels or fishing effort for otter trawlers fishing deep water shrimps during the period 2014 to 2017, or over another period of three consecutive years such as the period 2015 to 2018, provided that the increase, in terms of GT, kW and number of vessels, does not exceed 50 % compared to the 2014-2017 reference period. ▌’;

(6)Article 15 is amended as follows:(a)paragraph 1 is replaced by the following:

‘1. Member States shall communicate to the Commission by 15 March of each year the list of all fishing vessels that are authorised to fish for and are actively fishing for the species listed in Article 13 for a given year. The Commission shall transmit that list to the GFCM Secretariat by 31 March of each year. That list shall include, for each vessel, the information referred to in Annex VIII.’;

(b)the following paragraph is added:

‘4. Vessels operating with otter trawls within the scope of this section shall only be allowed to carry out specific fishing activities if those activities are indicated in a valid fishing authorisation issued by the competent authorities.’;

(7)in Article 16, point 3 is replaced by the following:

‘(3) total catch and discards.’;

(8)Article 17 is amended as follows:(a)the title is replaced by the following:

‘Temporal restrictions’;

(b)paragraph 1 is deleted;(c)the following paragraph is added:

‘1a. Bottom trawlers targeting giant red shrimp and blue and red shrimp spawning aggregations shall stop fishing for 30 consecutive days between March and December of each year.’;

(d)paragraph 2 is replaced by the following:

‘2. Member States shall communicate the temporal restrictions referred to in paragraph 1a to the Commission by 15 June of each year. The Commission shall transmit that information to the GFCM Secretariat by 30 June of each year.’;

(9)Article 18 is replaced by the following:

‘Article 18

Reporting obligations

Notwithstanding Article 14(1) of Regulation (EC) No 1224/2009, fishers or masters of authorised fishing vessels actively fishing within the scope of this section shall declare all catches and bycatch of giant red shrimp and blue and red shrimp, irrespective of the live weight of the catch.

Without prejudice to Article 34 of Regulation (EC) No 1224/2009, each Member State shall monitor the consumption of its catch limits and, by the fifteenth day of each month for the previous month, communicate to the Commission reports on catches, starting from the date by which 80 % of its quota has been exhausted.

The Commission shall communicate that information to the GFCM Secretariat without delay.

When the catch limit has been reached, the Member State concerned shall prohibit any further catches of the key stocks listed in Article 13.’;

(10)Article 20 is replaced by the following:

‘Article 20

Vessel monitoring system

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).

By way of derogation from the first paragraph, a Member State may allow a vessel of less than 15 metres in LOA to operate without a VMS until 8 January 2026, provided that such a vessel operates exclusively within the waters on the landward side of the outer limit of the territorial waters of that Member State or spends no more than 24 hours at sea from the time of departure to its return to port.

Member States shall immediately report to the Commission any derogation they apply pursuant to the second paragraph▌ as well as any means of control they deploy to monitor vessels of less than 15 metres in LOA. The Commission shall transmit that information to the GFCM Secretariat without delay.’;

(11)the following article is inserted:

‘Article 21a

Fisheries management measures or national management plans

1.Member States shall adopt adequate fisheries management measures or national management plans within the scope of this section with the aim of ensuring that the exploitation ▌ of giant red shrimp and blue and red shrimp is at a level which ensures that the population reaches, and is maintained at, levels which can produce the maximum sustainable yield, in accordance with the relevant management plan for giant red shrimp and blue and red shrimp.

2.Member States shall communicate management measures or national management plans adopted pursuant to paragraph 1 and any modifications made to those measures or plans to the Commission by 15 April of each year. The Commission shall transmit those measures or plans and modifications thereof to the GFCM Secretariat by 30 April of each year.’;

(12)the following article is inserted:

‘Article 23a

Fleet management measures

Member States shall ensure that the overall fleet capacity of the fleets operating with demersal trawls actively fishing for key stocks listed in Article 22 does not exceed, in terms of GT ▌ , kW and number of vessels, as recorded both in national and GFCM registers, over the duration of the relevant management plan, the fleet capacity for otter trawlers fishing giant red shrimp and blue and red shrimp in the year 2019.’;

(13)Article 24 is amended as follows:(a)paragraph 1 is replaced by the following:

‘1. Member States shall communicate the lists of all the vessels flying their flag that are authorised to fish for and are actively fishing for the species listed in Article 22 for a given year to the Commission by 15 March of each year. The Commission shall transmit those lists to the GFCM Secretariat by 31 March of each year. Those lists shall include, for each vessel, the information referred to in Annex VIII.’;

(b)the following paragraph is added:

(14)in Article 25, point 3 is replaced by the following:

‘(3) total catch and discards.’;

(15)Article 26 is amended as follows:(a)the title is replaced by the following:

‘Temporal restrictions’;

(b)paragraph 1 is deleted;(c)the following paragraph is added:

‘1a. Bottom trawlers targeting giant red shrimp and blue and red shrimp spawning aggregations shall stop fishing for 30 consecutive days between March and December of each year.’;

(d)paragraph 2 is replaced by the following:

(16)Article 27 is replaced by the following:

‘Article 27

Reporting obligations

Notwithstanding Article 14(1) of Regulation (EC) No 1224/2009, fishers or masters of authorised fishing vessels actively fishing within the scope of this section shall declare all catches and by-catch of giant red shrimp and blue and red shrimp, irrespective of the live weight of the catch.

Without prejudice to Article 34 of Regulation (EC) No 1224/2009, each Member State shall monitor the consumption of the catch limits. From the date by which 80 % of the quota has been exhausted, the Member State concerned shall communicate to the Commission monthly reports on catch.

The Commission shall report that information to the GFCM Secretariat without delay. Such reports shall be sent by the 15th day of each month for the previous month. When the catch limit has been reached, the Member State shall prohibit any further catches of the key stocks listed in Article 22.’;

(17)Article 29 is replaced by the following:

‘Article 29

Vessel monitoring system

Notwithstanding Article 9 of Regulation (EC) No 1224/2009, all vessels above 12 metres in LOA actively fishing within the scope of this section shall be equipped with a satellite-based VMS.

By way of derogation from the first paragraph, a Member State may allow a vessel of less than 15 metres in LOA▌ to operate without a satellite-based VMS until 8 January 2026, provided that such a vessel operates exclusively within the waters on the landward side of the outer limit of the territorial waters of that Member State or spends no more than 24 hours at sea from the time of departure to its return to port.

Member States shall immediately report to the Commission any derogation it applies pursuant to the second paragraph ▌ as well as any means of control it deploys to monitor vessels of less than 15 metres in LOA. The Commission shall transmit that information to the GFCM Secretariat without delay.’;

(18)the following articles are inserted:

‘Article 30a

Fisheries management measures or national management plans

Article 30b

International Joint Inspection and Surveillance Scheme

1.Member States may carry out inspection and surveillance activities within 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 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, in particular 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 a body designated by it the list of the names of its inspectors authorised to perform the inspection and surveillance activities 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 that information to the GFCM Secretariat by 1 December of each year or as soon as possible before the commencement of those inspection and surveillance 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 each inspection platform, upon its entry into that area with a list of sightings established in accordance with Annex VII and of boardings and inspections it has conducted in the previous 10-day period, including dates, coordinates and any other relevant information.

Article 30c

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 for GFCM inspectors described in Annex IV to the master of that 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 the master of the vessel considers suitable. The master of the vessel shall also sign the report.

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 or a body designated by it. The Commission shall forward the copy of the report to the GFCM Secretariat.

6.The size of the inspection party and the duration of the inspection shall be determined by the commanding officer of the inspection vessel, taking into account all relevant circumstances.

Article 30d

Infringements

1.For the purposes of this Article, the following activities shall be considered to be infringements:(a)the activities referred to in Article 3 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 30c(3), sighting information sheet, as provided for 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.’;

(19)Article 34 is amended as follows:(a)paragraph 1 is replaced by the following:

‘1. Member States shall communicate the lists of all the vessels flying their flag that are authorised to fish for and are actively fishing for the species listed in Article 31 for a given year to the Commission by 15 March of each year. The Commission shall transmit those lists to the GFCM Secretariat by 31 March of each year. Those lists shall include, for each vessel, the information referred to in Annex VIII.’;

(b)the following paragraph is added:

‘3. Vessels operating with otter trawls within the scope of this section shall only be allowed to carry out specific fishing activities if those activities are indicated in a valid fishing authorisation issued by the competent authorities.’;

(20)Article 35 is replaced by the following:

‘Article 35

Fishing activities

Member States shall communicate to the Commission, by 15 August of each year, a detailed report on fishing activities of fishing vessels operating within the scope of this section for the previous year in an aggregated format. The Commission shall transmit that report to the GFCM Secretariat by 31 August of each year. That report shall include at least the following:(1)operating days;(2)operating area;(3)total catch and discards of key species listed in Article 31.’;

(21)Article 36 is amended as follows:(a)the title is replaced by the following:

‘Temporal restrictions’;

(b)paragraph 1 is deleted;(c)the following paragraph is added:

‘1a. Bottom trawlers targeting giant red shrimp and blue and red shrimp spawning aggregations shall stop fishing for 30 consecutive days between March and December of each year.’;

(d)paragraph 2 is replaced by the following:

(22)Article 37 is amended as follows:(a)paragraph 1 is replaced by the following:

‘1. Member States shall designate the landing points at which the landings by vessels actively fishing within the scope of this section shall take place. For each designated port, Member States shall specify permitted landing and transhipping times and places.’;

(b)the following paragraph is added:

‘4. Member States shall transmit to the Commission by 15 November of each year, any changes to the list of the designated landing points referred to in paragraph 1. The Commission shall transmit that information to the GFCM Secretariat by 30 November of each year.’;

(23)the following articles are inserted:

‘Article 37a

Fisheries management measures or national management plans

Member States shall adopt adequate fisheries management measures or national management plans within the scope of this section with the aim of ensuring that the exploitation ▌ of giant red shrimp and blue and red shrimp is at a level which ensures that the population reaches, and is maintained at, levels which can produce the maximum sustainable yield, in accordance with the relevant management plan for giant red shrimp and blue and red shrimp.

Article 37b

International Joint Inspection and Surveillance Scheme

1.Member States may carry out inspection and surveillance activities within 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.

4.Each Member State shall, by 15 November of each year, notify to the Commission or a body designated by it on the list of the names of its inspectors authorised to perform the inspection and surveillance activities 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 that information to the GFCM Secretariat by 1 December of each year or as soon as possible before the commencement of those inspection and surveillance 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.

Article 37c

Conduct of inspections

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 the master of the vessel considers suitable. The master of the vessel shall also sign the report.

6.The size of the inspection party and the duration of the inspection shall be determined by the commanding officer of the inspection vessel, taking into account all relevant circumstances.

Article 37d

Infringements

5.Member States’ authorities shall act on inspection reports, as referred to in Article 37c(3), sighting information sheet, as provided for 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.’;

(24)in Article 44, paragraph 3 is replaced by the following:

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

(25) Article 46 is amended as follows:(a)the title is replaced by the following:

‘Remotely operated vehicles (ROVs)’;

(b)paragraphs 1 and 2 are deleted;(c)the following paragraph is added:

‘The use of remotely operated vehicles (ROVs) shall be allowed until the end of the GFCM research programme for scientific purposes only and within Member States that authorised research programmes led by scientific institutions. Such authorisations shall be without prejudice to stricter measures adopted by Member States.’;

(26)in Article 49, the introductory part is replaced by the following:

‘Without prejudice to more stringent provisions laid down in Article 17 of Regulation (EC) No 1224/2009, prior to entry into any port, and at least four hours before the estimated time of arrival at port, or at least one hour before such arrival if the fishing grounds are less than four hours from the port of arrival, masters of fishing vessels or their representatives, or authorised fishers, shall notify to the relevant authorities the following information:’;

(27) Article 55 is amended as follows:(a)paragraphs 1 and 2 are deleted;(b)the following paragraphs are added:

‘3. Member States shall implement the paper-based 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 to contribute to the fight against IUU fishing activities.

4.The paper-based red coral CDS established in accordance with paragraph 3 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 and shall include the information set out in Annex X.

5.The paper-based red coral CDS shall apply to first landings, exports and re-exports. Domestic trade shall not be included in the validation chain set out in paragraph 9.

6.Member States may establish a labelling system in order to ensure a link between CDS documents validated in accordance with paragraph 9 and red coral consignments to which they relate.

7.Each consignment of red coral that is imported, exported or re-exported shall be accompanied by a harvest certificate set out in Annex X or an equivalent document, such as the harvest certificate in force in the exporting Member State concerned.

8.Each harvest certificate shall have a unique document identification number. That number shall be specific to the flag Member States and shall be assigned to each fisher or harvesting vessel. The harvest certificates shall not be transferable to another fisher or harvesting vessel.

9.Member States shall validate harvest certificates when all of the information contained in the red coral CDS has been established to be accurate as a result of the verification of the supporting documents and corresponding consignment.

10.Member States shall report to the Commission or a body designated by it on their CDS, as well as possible tagging and identification requirements, and traceability and tracking requirements for red coral harvesting. The Commission or a body designated by it shall transmit that information to the GFCM Secretariat.

The obligation referred to in the first subparagraph shall not apply to Member States which have already notified their reports before … [the date of entry into force of this amending Regulation].

11.The re-export of red coral products imported under a harvest certificate in accordance with this Article shall be authorised 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 set out in Annex X or a copy thereof in which the red coral products to be re-exported are included as a part of the products imported.

12.When a Member State identifies non-compliance by operators with the obligations laid down in this Article, it shall inform the flag State and the Commission. The Commission shall transmit that information to the GFCM Secretariat.

13.Member States shall report to the Commission or a body designated by it the competent authorities they designate as responsible for validating, checking and verifying the harvest certificates and their validation seals, as well as CDS contact points and other information relevant to the implementation of the CDS. The Commission or a body designated by it shall notify the GFCM Secretariat, the competent authorities and contact points of the Member States of that other information relevant to the implementation of the CDS.

14.Member States shall store the validated paper-based red coral harvest certificates for a period of ten years.

15.Member States shall each year draw up a report on the implementation of the paper-based red coral CDS, 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 of the CDS. The Member States shall submit their reports to the Commission or a body designated by it no later than 45 days before each year’s session of the GFCM Compliance Committee (CoC). The Commission or a body designated by it shall submit those reports to the GFCM Secretariat no later than 30 days before each year’s session of the CoC.’;

(28)in Article 56(1), point (d) is replaced by the following:

‘(d) diameter of each colony harvested or average of diameter by landing.’;

(29)Article 57 is replaced by the following:

‘Article 57

Scope

This section applies to all fishing activities by Union bottom trawlers targeting key demersal stocks of European hake (Merluccius merluccius) and deep-water rose shrimp (Parapenaeus longirostris), in the Strait of Sicily, in GSAs 12, 13, 14, 15 and 16 as provided for in Annex I.’;

(30)in Article 58, paragraph 2 is replaced by the following:

‘2. Member States shall communicate management measures or national management plans adopted pursuant to paragraph 1 and any modifications made to those measures or plans to the Commission by 15 April of each year. The Commission shall transmit those measures or plans and modifications thereof to the GFCM Secretariat by 30 April of each year.’;

(31)Article 59 is amended as follows:(a)paragraphs 1 and 2 are deleted;(b)the following paragraphs are added:

‘3. Fishing activities with bottom longlines, gillnets and trammel nets targeting European hake spawning aggregations shall be stopped for 30 consecutive days between March and April of each year. Member States shall communicate data on those temporal restrictions to the Commission by 15 June of each year. The Commission shall transmit that information to the GFCM Secretariat by 30 June of each year.

4.From 1 July until 30 September of each year, fishing activities with bottom trawlers, irrespective of the vessels’ LOA, shall not be allowed between the coast and the 200 m depth isobath in GSA 14 (Gulf of Gabès). ▌

5.Member States shall ensure the continuation of existing surveys-at-sea, as well as the monitoring of new areas, including the shelf and slopes at the borders of the Malta plateau. Particular focus shall be given to the continuation of the scientific surveys in GSAs 12, 13 and 14 with a view to confirming European hake nursery areas in the Gulf of Hammamet and the Gulf of Tunis as potential temporary or permanent fisheries restricted areas (FRAs). In addition, Member States shall continue efforts to map vulnerable marine ecosystems (VMEs) with a view to securing their protection from trawling in the Strait of Sicily.

Member States shall submit the data necessary for the evaluation of new FRAs in the southern Strait of Sicily at the latest one month before the 2024 meeting of the GFCM Subregional Committee for the Central Mediterranean and support that evaluation work.’;

(32)the following article is inserted:

‘Article 60a

Fleet management measures

Member States shall ensure that the overall fleet capacity of the fleets operating with bottom trawls and actively fishing for the key stocks listed in Article 57, does not exceed, in terms of GT ▌ , kW and number of vessels, as recorded both in national and GFCM registers, over the duration of the relevant management plan, the fleet capacity for demersal fisheries in the year 2021.’;

(33)Article 61 is amended as follows:(a)paragraphs 1 and 2 are deleted;(b)the following paragraphs are added:

‘3. Member States shall communicate to the Commission the lists of all the vessels flying their flag that are authorised to fish and are actively fishing the species listed in Article 57 by 15 March of each year. The Commission shall transmit those lists to the GFCM Secretariat by 31 March of each year. Those lists shall include, for each vessel, the information referred to in Annex VIII.

4.Each Member State shall maintain and keep up-to-date a register of the vessels listed in accordance with paragraph 3.

5.Each Member State shall communicate to the Commission, by 15 August of each year, a report on fishing activities carried out by the vessels within the scope of this section in an aggregated format. That report shall include, at least, the number of exploitation days, exploitation area, catches and discards of European hake and of deep-water rose shrimp.

6.The Commission shall transmit to the GFCM Secretariat the reports referred to in paragraph 5 by 31 August of each year.

7.Vessels operating with otter trawls within the scope of this section shall only be allowed to carry out specific fishing activities if these are indicated in a valid fishing authorisation issued by the competent authorities.’;

(34)Article 62 is amended as follows:(a)paragraph 1 is replaced by the following:

‘1. Member States shall designate the landing points at which landings of European hake and deep-water rose shrimp from the Strait of Sicily shall take place, in accordance with Article 43(5) of Regulation (EC) No 1224/2009.

Member States shall transmit to the Commission by 15 November of each year, any changes to the list of designated landing points referred to in the first subparagraph. The Commission shall transmit that information to the GFCM Secretariat by 30 November of each year.’;

(b)paragraph 3 is replaced by the following:

‘3. For each designated landing point referred to in paragraph 1, Member States shall specify the permitted landing and transhipping times and places. Member States shall also ensure inspection coverage of such landing and transhipping activities at all times at those designated landing points.’;

(35)in Article 65, paragraph 5 is replaced by the following:

‘5. Member States’ competent authorities shall act on inspection reports as referred to in Article 64(3), sighting information sheets as provided for 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.’;

(36)Article 70 is amended as follows:(a) paragraph 1 is replaced by the following:

‘1. Each Member State shall establish a list of all vessels flying its flag and authorised to fish for the species listed in Article 66 using means of otter-trawling, beam-trawling, bottom pair trawling and otter twin trawls.’;

(b)paragraph 3 is replaced by the following:

‘3. Vessels operating within the scope of this section shall only be allowed to carry out specific fishing activities with a valid fishing authorisation issued by the competent authorities. Authorised vessels above 12 metres in LOA shall be equipped with a satellite-based VMS.’;

(c)the following paragraph is added:

‘6. Member States shall monitor the consumption of the effort limit, or the effort limit expressed in fishing days by effort group in accordance with Annex XIII, and communicate to the Commission in a monthly report the exhaustion of fishing effort established in Article 30 of Regulation (EC) No 1224/2009. The Commission shall send that information to the GFCM Secretariat without delay.’;

(37)in Article 72, paragraph 1 is replaced by the following:

‘1. Notwithstanding Article 9 of 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 that Regulation, authorised trawl vessels of less than 9 metres in LOA shall be equipped with an appropriate geopositioning system.’;

(38)Article 73 is replaced by the following:

‘Article 73

Scope

This section applies to all fishing activities by purse seiners and pelagic trawlers targeting key small pelagic stocks of sardine (Sardina pilchardus) and anchovy (Engraulis encrasicolus) in GSAs 17 and 18 as provided for in Annex I.’;

(39) in Article 74, paragraph 5 is deleted;(40)the following articles are inserted:

‘Article 74a

Scientific and commercial data

Member States shall ensure that all scientific data and commercial data collected in a specific year is provided by 1 April of the following year to the GFCM Secretariat. The Member States shall notify the Commission thereof.

Article 74b

Reporting obligations

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 in LOA and by vessels catching more than 10 000 kg per year, regardless of their length.

Article 74c

Control and enforcement measures

1.Member States shall designate the landing points at which landings by vessels actively fishing for anchovy and sardine are to take place. For each designated landing point, Member States shall specify permitted landing and transhipping times and places.

2.It shall be prohibited to land or tranship from fishing vessels any quantity of catches of anchovy and sardine fished by purse-seines or pelagic-trawls in the Adriatic Sea at any place other than the designated landing points referred to in paragraph 1.

3.Member States shall transmit to the Commission by 15 November of each year any change to the list of designated landing points referred to in paragraph 1. The Commission shall transmit that information to the GFCM Secretariat by 30 November of each year.

Article 74d

Fisheries management measures or national management plans

1.Member States shall adopt adequate fisheries management measures or national management plans within the scope of this section with the aim of ensuring that the exploitation ▌ of anchovy and sardine is at a level which ensures that the population reaches, and is maintained at, levels which can produce the maximum sustainable yield, in accordance with the relevant management plan for anchovy and sardine.

Article 74e

Fleet management measures

1.Member States shall communicate to the Commission by 15 March of each year the lists of all the vessels flying their flag that are authorised to fish for key small pelagic stocks referred to in Article 73 by means of pelagic trawls and purse seines in the Adriatic Sea. The Commission shall transmit those lists to the GFCM Secretariat by 31 March of each year.

2.Vessels operating within the scope of this section shall only be allowed to carry out specific fishing activities with a valid fishing authorisation issued by the competent authorities.

Article 74f

Spatial or temporal closures

1.During the transitional period for the GFCM management plan referred to in this section, Member States shall apply specific temporal closures at the fleet level with a view to protecting the key stocks listed in Article 73 during the spawning period. Such closures shall not need to be applied simultaneously for purse seiners and pelagic trawlers. However, they shall cover the entire areas of distribution of small pelagic stocks in the Adriatic Sea and affect all fleets targeting small pelagics, for periods of no less than 30 successive days per fleet segment. During the closure period, it shall be prohibited for vessels belonging to fleets subject to closure to change gear, such as from purse seine to pelagic trawl or vice versa, in order to target small pelagics. Closures shall take place in accordance with the following timeframes:(a)from 1 October to 31 March of each year for sardine; and(b)from 1 April to 30 September of each year for anchovy.

2.By way of derogation from paragraph 1, temporal closures may be implemented for periods of no less than 15 successive days for national fleets of less than 15 purse seiners or pelagic trawlers actively fishing for small pelagic stocks.

3.During the transitional period referred to in paragraph 1, the Member States shall apply spatial closures to vessels above 12 metres in LOA for periods of no less than 9 months. Such closures shall cover 30 % of the territorial or internal waters identified as important for the protection of early-age classes of fish.

4.Member States shall communicate annually to the Commission the temporal and spatial closures applied pursuant to this Article in the waters under their jurisdiction with a view to protecting spawning and nursery areas of small pelagic stocks. The Commission shall communicate that information to the GFCM Secretariat without delay.

Article 74g

Scientific monitoring

Member States shall ensure on an annual basis an adequate scientific monitoring of the status and spawning biomass of the species referred in Article 73.’;

(41)the following articles are inserted:

‘Article 75a

International Joint Inspection and Surveillance Scheme

1.Member States may carry out inspection and surveillance activities within the scope of this section in the framework of an International Joint Inspection and Surveillance Scheme (“the Scheme”) covering the waters outside national jurisdiction in GFCM geographical subareas 17 and 18 (Adriatic Sea), as defined in Annex I (“the inspection and surveillance area”).

2.Member States may assign inspectors and inspection means and carry out inspections under the Scheme. The Commission or a body designated by it may also assign Union inspectors to the Scheme.

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 activities 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 that information to the GFCM Secretariat by 1 December of each year or as soon as possible before the commencement of those inspection and surveillance 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.

8.Each Member State with an inspection or surveillance presence in the area referred to in paragraph 1 shall provide each inspection platform, upon its entry into that area, with a list of sightings established in accordance with Annex VII and of boardings and inspections it has conducted in the previous 10-day period, including dates, coordinates and any other relevant information.

Article 75b

Conduct of inspections

3.Inspectors shall draw up a report of the inspection in the format set out in Annex VI.

6.The size of the inspection party and the duration of the inspection shall be determined by the commanding officer of the inspection vessel, taking into account all relevant circumstances.

Article 75c

Infringements

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.

5.Member States’ authorities shall act on inspection reports, as referred to in Article 75b(3), sighting information sheet, as provided for 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.’;

(42)the following Section is inserted:

‘Section II

Black Sea

Article 75d

Scope

This section applies to fishing activities targeting European sprat (Sprattus sprattus) in the Black Sea, in GSA 29 as provided for in Annex I.

Article 75e

Scientific monitoring

Member States shall ensure on an annual basis an adequate scientific monitoring of the status of the species included within the scope of this section.

Article 75f

List of authorised and active vessels

1.Member States shall communicate to the Commission by 15 January of each year the list of all the vessels flying their flag that are authorised to fish for and are actively fishing for European sprat for the given year. The Commission shall transmit that list to the GFCM Secretariat by 31 January of each year. That list shall include, for each vessel, the information referred to in Annex VIII.

2.Member States shall promptly notify the Commission of any addition to, deletion from or modification of their lists pertaining to fishing fleets for European sprat at any time such changes may occur and at least on a monthly basis. The Commission shall transmit those changes to the GFCM Secretariat without delay.

3.Vessels not listed by the Member States shall not catch, retain on board, tranship, land, store or sell European sprat.

Article 75g

Reporting obligations for the masters of the vessels

1.The masters of the vessels fishing for sprat shall communicate to the Member States twice a year and by 1 July and 1 January of each year, a detailed report on those vessels’ fishing activities. That report shall include at least the following information:(a)operating days;(b)operating area;(c)total catch of European sprat.

2.Member States shall transmit the report referred to in paragraph 1 to the Commission by 15 July and 15 January of each year.

3.The Commission shall transmit the report referred to in paragraph 1 to the GFCM Secretariat twice a year and by 31 July and 31 January of each year.

Article 75h

Additional measures

Member States may adopt spatial or temporal measures additional to those provided for in this Regulation to protect aggregation areas of juveniles of sprat.

Article 75i

Control, monitoring and surveillance of fisheries for European sprat in the Black Sea

1.Each Member State shall ensure adequate mechanisms are set up for the recording of each fishing vessel in its national fleet register and for the recording of those vessels’ catches and fishing effort of European sprat via their logbooks.

2.Fishers or masters of authorised fishing vessels actively fishing European sprat shall declare all catches and bycatch, irrespective of the live weight of the catch.

Article 75j

Designated landing points

1.Member States shall designate the landing points at which landings and transhipping by vessels actively fishing within the scope of this section shall take place.

2.It shall be prohibited to land or tranship from fishing vessels any quantity of species included within the scope of this section at any place other than the designated landing points referred to in paragraph 1.’;

(43)Article 76 is replaced by the following:

‘Article 76

Scope

This Chapter applies to all fishing activities with handlines, set longlines or mixed longlines, targeting blackspot seabream (Pagellus bogaraveo), in the Alboran Sea, in GSAs 1, 2 and 3 as provided for in Annex I.’;

(44)Article 77 is deleted;(45)the following article is inserted:

‘Article 77a

Spatial or temporal closures

1.During the transitional period for the GFCM management plan referred to in this section, Member States shall apply specific temporal closures at the fleet level with a view to protecting the key stock referred to in Article 76 during the spawning periods. Such closures shall not need to be applied simultaneously for different type of fishing gear. However, they shall cover the key areas of distribution of blackspot seabream in the Alboran Sea referred to in Article 76 and affect all vessels concerned by this Chapter for periods of no less than 60 successive days per fleet segment. Closures shall take place from January to March of each year. Each Member State shall submit the closure period and the list of vessels concerned to the Commission. The Commission shall submit that information to the GFCM Secretariat without delay.

2.Member States shall communicate annually to the Commission the temporal closures referred to in paragraph 1 that apply in the waters under their jurisdiction, with a view to protecting spawning and nursery areas for blackspot seabream stock.’;

(46)Article 78 is amended as follows:(a)paragraphs 1 and 2 are deleted;(b)the following paragraphs are added:

‘2a. Member States shall ensure that the overall fleet capacity does not exceed, in terms of GT ▌ , kW and number of vessels, as recorded both in national and GFCM registers, the fleet capacity for the fisheries averaged over the period 2018 to 2021.

2b.Member States shall adapt to the fishing opportunities the overall fleet capacity of the fleets fishing blackspot seabream operating with handlines, set longlines or mixed longlines in terms of GT ▌ , kW and number of vessels, as recorded both in national and GFCM registers.’;

(c)paragraph 3 is replaced by the following:

‘3. Member States shall communicate to the Commission by 15 March of each year the lists of the vessels flying their flag that are authorised to fish for that year blackspot seabream within the scope of this Chapter. The Commission shall transmit those lists to the GFCM Secretariat by 31 March of each year. Those lists shall include, for each vessel, the information referred to in Annex VIII.’;

(d)paragraph 4 is deleted.(47)Article 79 is replaced by the following:

‘Article 79

Control and enforcement measures

-1.Member States shall establish a mechanism to ensure that vessels actively fishing in the Alboran Sea declare all catches of the key stock referred to in Article 76.

1.Member States shall designate the landing points at which landings of blackspot seabream are authorised.

1a.Member States shall transmit to the Commission by 15 November of each year, any changes to the list of designated landing points referred to in paragraph 1. The Commission shall transmit that information to the GFCM Secretariat by 30 November of each year. Landings of the key stock referred to in Article 76 shall only take place in those designated landing points.

1b.Member States shall specify permitted landings for each designated landing point referred to in paragraph 1.

2.Prior to entry into any port, except for small-scale vessels, and at least four hours before the estimated time of arrival at port, the masters of the fishing vessels or their representatives, or authorised fishers, shall notify to the relevant authorities the following information:(a)the estimated time of arrival at port;(b)the external identification number and the name of the fishing vessel; and(c)the estimated live weight retained on board.

3.The information referred to in in paragraph 2 may be submitted by the masters of the fishing vessels or their representatives, or authorised fishers, up to one hour before the estimated time of arrival at port where the fishing grounds are less than four hours away from the port of arrival.

4.Without prejudice to Article 14 of Regulation (EC) No 1224/2009, fishers or masters of authorised fishing vessels actively fishing within the scope of this section shall report all daily catches, irrespective of the live weight of the catch and shall record or make estimations of the catches of that species.

4a.It shall be prohibited to land or tranship from fishing vessels any quantity of the key stock referred to in Article 76 fished in the Alboran Sea at any place other than the designated landing points referred to in paragraph 1.

5.Each Member State shall establish a programme based on risk analysis, in order to verify landings within the scope of this Chapter and to validate the logbooks of the vessels concerned.

6.Transhipment operations at sea shall be prohibited.

7.Vessels operating with handlines, set longlines or mixed longlines catching the key stock referred to in Article 76 in the Alboran Sea shall only be allowed if those activities are indicated in a valid fishing authorisation issued by the competent authorities.

8.Notwithstanding Article 9 of Regulation (EC) No 1224/2009, ▌ all the authorised vessels under this Chapter above 10 metres in LOA shall be equipped with a VMS or any other geolocation system allowing control authorities to track their activity at all times during the fishing trips.’;

(48)Article 80 is deleted;(49)the following articles are inserted:

‘Article 80a

Scientific monitoring

1.Member States shall ensure that either all scientific fisheries (echo-survey) or commercial (catch and discard) data, collected each year, are provided to GFCM Secretariat by 1 April of the following year.

2.Member States shall send to the Commission the commercial data established in paragraph 1 by 15 March of each year.

Article 80b

Fisheries management measures or national management plans

1.Member States shall adopt fisheries management measures or national management plans within the scope of this Chapter to ensure adequate conservation of the species referred to in Article 76.

(50) Article 81 is replaced by the following:

‘Article 81

Scope

This Chapter applies to pelagic fishing activities targeting common dolphinfish (Coryphaena hippurus), by means of fish aggregating devices (FADs), and to recreational fishing, in the Mediterranean Sea, in GSAs 1 to 27 as provided for in Annex I.’;

(51) Article 83 is replaced by the following:

‘Article 83

Transitional management measures

A transitional fishing regime shall be established for fisheries using FADs until 31 December 2026.

During the transitional period referred to in the first paragraph, Member States shall ensure that a catch limit is established on the basis of reported landings to the GFCM Secretariat either:(a)on the basis of the average of any two years’ landings during the period 2018 to 2022; or (b)on the basis of landings in 2022.’;

(52) in Article 84, the following paragraph is added:

‘3. Member States shall submit the data referred to in paragraph 2, as specified in Annex XXV, to the Commission by 15 July of each year. The Commission shall transmit those data to the GFCM Secretariat by 31 July of each year.’;

(53) Article 85 is replaced by the following:

‘Article 85

National management measures

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 to 27.

Member States shall notify the Commission of the management measures or management plans referred to in first paragraph. The Commission shall notify the GFCM Secretariat of those management measures or management plans.

Where appropriate, should the management measures or management plans referred to in first paragraph be modified, the Member States shall communicate to the Commission of such modifications by 15 April of the following year. The Commission shall notify the GFCM Secretariat of the modifications of those management measures or management plans by 30 of April of the following year.’;

(54) Article 86 is amended as follows:(a)the following paragraph is inserted:

“-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 GT, kW and number of vessels as recorded both in national and GFCM registers, for eight years from the date of the initial adoption of the management measures or management plans referred to in Article 85(1), the fleet capacity for common dolphinfish in FAD fisheries in the year 2019.’;

(b)paragraph 2 is deleted;(55)in Article 87, paragraph 2 is replaced by the following:

‘2. Member States shall report to the Commission by 15 July 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 vessels flying their flag in each GSA as set out in Annex I. The Commission shall send that information to the GFCM Secretariat by 31 July of each year. ▌ ‘;

(56) in Article 88, the following paragraph is inserted:

‘3a. From 15 August 2027, FADs shall be exclusively constructed with biodegradable materials.’;

(57) in Article 89, the following paragraphs are added:

“3. Member States shall ensure that all fishing vessels flying their flag and exploiting common dolphinfish record their fishing activities with FADs.

4.In the event of loss of a FAD, Member States shall ensure that the vessels flying their flag collect and report the last registered position of the lost FAD as well as the date of its last registered position, its identification number and any information allowing the identification of the FAD owner.’;

(58) the following articles are inserted:

‘Article 89a

Specific measures to address IUU fishing

1.Each Member State shall ensure that adequate mechanisms are in place for the registration of each fishing vessel in its national fleet register for the recording of those vessels’ catch and fishing efforts in their logbooks and for the monitoring of those vessels’ 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 that Member State.

2.Member States shall designate ports or other landing points at which landings by vessels actively fishing for common dolphinfish in the Mediterranean Sea shall take place. For each designated port or other designated landing point, the Member States concerned shall specify permitted landing and transhipping times and places.

3.Member States shall carry out inspections on the basis of a risk analysis. 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 the designated ports or designated landing points referred to in paragraph 2.

4.Member States shall transmit to the GFCM Secretariat by 30 April 2024 and subsequently on 30 November of each year, any changes to the lists of designated ports or designated landing points referred to in paragraph 2.

5.Member States shall cooperate in the fight against IUU fishing activities, in particular through sharing information and gathering intelligence to fight against IUU fishing activities.

Article 89b

International Joint Inspection and Surveillance Scheme

1.Member States may carry out inspection and surveillance activities within the scope of this section in the framework of an International Joint Inspection and Surveillance Scheme (‘the Scheme’) covering the waters outside national jurisdiction in GFCM geographical subareas 1 to 27 (Mediterranean Sea), as defined in Annex I (‘the inspection and surveillance area’).

2.Member States may assign inspectors and inspection means and carry out inspections under the Scheme. The Commission or a body designated by it may also assign Union inspectors to the Scheme.

4.Each Member State shall, by 15 November 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 activities 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 that information to the GFCM Secretariat by 1 December of each year or as soon as possible before the commencement of those inspection and surveillance 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.

Article 89c

Conduct of inspections

3.Inspectors shall draw up a report of the inspection in the format set out in Annex VI.

6.The size of the inspection party and the duration of the inspection shall be determined by the commanding officer of the inspection vessel, taking into account all relevant circumstances.

Article 89d

Infringements

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.

5.Member States’ authorities shall act on inspection reports, as referred to in Article 89c(3), sighting information sheet, as provided for 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.’;

(59)in Article 91(2), point (f) is replaced by the following:

‘(f) main gear(s) used for turbot, fleet segment and operational unit;’;

(60)the following article is inserted:

‘Article 94a

Traceability of turbot

1.Member States shall implement the paper-based turbot CDS along the entire supply chain in order to ensure the traceability of turbot caught in the Black Sea and to contribute to the fight against IUU fishing activities.

2.The paper-based turbot CDS referred to 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 CDS shall apply to first landings, exports and re-exports. Domestic trade is not included in the validation chain set out in paragraph 5. ▌

4.Each catch certificate shall have a unique document identification number. That number shall be specific to the flag Member States and be assigned to each fishing vessel. The catch certificates shall not be transferable to another fishing vessel. ▌

5. Member States shall validate catch certificates only when all of the information contained in the turbot CDS has 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 or a body designated by it on their CDS, as well as possible tagging and identification requirements, and traceability and tracking requirements for turbot. The Commission or a body designated by it shall transmit that information to the GFCM Secretariat.

7. Member States shall report to the Commission or a body designated by it the competent authorities they designate as responsible for validating, checking and verifying the catch certificates and their validation seals, as well as CDS contact points and other information relevant to the implementation of the CDS. The Commission or a body designated by it shall notify the GFCM Secretariat, the competent authorities and contact points of the Member States of that other information relevant to the implementation of the CDS.

8. Member States shall store the validated paper-based turbot catch certificates for a period of five years.

9. Member States shall each year draw up a report on the implementation of the paper-based turbot CDS, providing detailed information and statistical data on, inter alia, annual quantities validated, annual quantities traded, number of catch certificates validated, and any relevant elements considered to provide information on the state of play of the CDS. The Member States shall submit their reports to the Commission or a body designated by it in view of notifying the CoC. The Commission or a body designated by it shall submit those reports to the GFCM Secretariat no later than 30 days before each year’s session of the CoC.’;

(61)the following articles are inserted:

‘Article 96a

Fleet capacity and fishing effort

Member States shall maintain the fishing fleet capacity or fishing effort at the levels authorised and exerted during the period 2015 to 2021 for the exploitation of piked dogfish in the Black Sea. ▌

Article 96b

Scientific monitoring

1.Member States shall contribute to the implementation of the GFCM research programme on piked dogfish in the Black Sea and shall ensure annually an adequate scientific monitoring of the status of piked dogfish species.

2.Member States shall ensure that information on fishing activities, catch data, incidental catch, release or discarding events for piked dogfish is recorded by the ship-owner or vessel master in the logbook, and is reported to the Commission within their annual national reporting, in accordance with the data reporting requirements of relevant GFCM recommendations, in line with the GFCM Data Collection Reference Framework (DCRF). The Commission shall send this information to the GFCM Secretariat without delay.

3.Member States shall ensure that any additional measure necessary to improve data collection for the purpose of the scientific monitoring of piked dogfish species is taken.

4.Member States shall collect reliable information on the impacts of bottom-set gillnets targeting piked dogfish on cetacean populations in the Black Sea.

Article 96c

Fleet management measures

1.Member States shall communicate to the Commission by 15 January of each year the lists of the vessels flying their flag that are authorised to fish and actively fishing for piked dogfish in the Black Sea. This list shall include, for each vessel, the information referred to in Annex VIII.

The Commission shall transmit that list to the GFCM Secretariat by 31 January of each year. Fishing vessels targeting piked dogfish shall only be allowed to carry out fishing activities if those activities are indicated in a valid fishing authorisation issued by the competent authorities and specifying the technical conditions under which such fishing activities shall be carried out, as set out in Annex VIII.

2.Member States shall promptly notify the Commission of any addition to, deletion from or modification of the fishing fleets for piked dogfish at any time such changes may occur or at least on a monthly basis. The Commission shall notify the GFCM Secretariat of those changes, without delay.

3.Vessels not listed by the Member States shall not catch, retain on board, tranship, land, store or sell piked dogfish.

4.Member States shall communicate to the Commission, by 15 July and 15 January of each year, detailed reports on fishing activities of fishing vessels actively fishing for or that have caught as bycatch or as incidental catch piked dogfish.

Those reports shall include at least the following:(a)operating days;(b)operating area;(c)total catch of piked dogfish.

The Commission shall transmit those reports to the GFCM Secretariat by 30 July and 30 January of each year.

Article 96d

Specific measures to address IUU fishing

Member States shall ensure that vessels fishing in GSA 29 declare all catches and bycatch of piked dogfish.

Without prejudice to Article 14 of Regulation (EC) No 1224/2009, fishers or masters of vessels shall declare in the logbook all catches and bycatch of piked dogfish, irrespective of the volume of the catch and gear used.

Article 96e

Landing points

1.Member States shall designate the landing points at which landings by vessels actively fishing for piked dogfish in the Black Sea shall take place.

2.For each designated landing point referred to in paragraph 1, Member States shall specify permitted landing and transhipping times and places.

3.It shall be prohibited to land or tranship from fishing vessels any quantity of piked dogfish fished in the Black Sea at any place other than the designated landing points referred to in paragraph 1.

4.Member States shall transmit to the Commission by 15 November of each year any change to the list of designated landing points referred to in paragraph 1. The Commission shall transmit that information to the GFCM Secretariat by 30 November of each year.’;

(62)Article 98 is amended as follows:(a)paragraph 1 is replaced by the following:

‘1. Member States shall ensure a high protection from fishing activities for elasmobranch species listed in Annex II ▌ to the Protocol concerning specially protected areas and biological diversity in the Mediterranean ▌ . Member States shall encourage further actions to improve the conservation status of elasmobranch species listed in Annexes II and III to that Protocol and to mitigate or, where possible, eliminate, the risk of incidental catches in fishing operations or the associated mortality.’;

(b)the following paragraphs are added:

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

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

6. 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 fisheries with medium to high-risk of interactions with elasmobranch.

7.Member States shall require fishing vessels catching shark species in GSAs 1 to 27 as bycatch or incidental catch to limit the bycatch of sharks listed in Annex III to the Protocol concerning specially protected areas and biological diversity in the Mediterranean to a maximum percentage of the total catch in weight per fishing trip or to no more than three specimens.’;

(63)in Article 102, the following paragraph is added:

‘3. In the geographical zones of the Mediterranean Sea (GSAs 1-27), where the incidental catches of the seabird species listed under Annex II to the Protocol concerning specially protected areas and biological diversity in the Mediterranean occur, the following measures shall apply according to the SAC advice:(a)Member States shall collect data to fully characterise the incidental catches of seabirds in fisheries, including the incidental catch of the critically endangered Balearic shearwater (Puffinus mauretanicus);(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 or, where possible, eliminate the risk of accidental catch of seabirds in fishing operations and associated mortality.

Member States shall report to the Commission, by 15 April of each year, the data collected in accordance with point (a) of the first subparagraph. The Commission shall send those data to the GFCM Secretariat by 30 April of each year.

The obligation referred to in point (b) of the first subparagraph shall not apply to Member States which have already carried out such an evaluation before … [the date of entry into force of this amending Regulation].’;

(64)the following article is inserted:

‘Article 103a

Mitigation measures

1.Member States are encouraged to take the necessary steps to implement measures to mitigate or, where possible, eliminate the incidental catch of sea turtles during fishing operations, such as:(a)fishing gear modifications and alternative fishing gear types;(b)time‐area fishing restrictions and closures, such as those based for instance on spatial recognition measures to identify sea turtle presence;(c)improvements in fishing gear marking and detection, including acoustic reflectivity, such as the use of coloured nets, light passive reflectors, thicker twine diameter, corks or other materials within the net, metal compounds that have acoustic detection features such as barium sulphate, and illuminating nets with battery-operated light sticks;(d)implementation of maximum potential thresholds for incidental catches and use of turtle excluder devices with sorting and shepherding devices; and(e)rules on fishing behaviour and strategies.

2.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.

3.Where Member States implement measures pursuant to paragraphs 1 and 2, they shall notify to the Commission at least two of those measures by 1 December 2026. In this regard, the areas and fleets with higher risks of interactions shall be taken into consideration.

4.The Commission shall notify the measures referred to in paragraph 3 to the GFCM Secretariat without delay.’;

(65)the following article is inserted:

‘Article 105a

Mitigation measures

1.Member States are encouraged to expand bycatch mitigation measures to minimise or, where possible, eliminate, 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:(a)fishing gear modifications and alternative fishing gear types;(b)improvements in fishing gear marking and detection;(c)time‐area fishing restrictions or closures, if appropriate;(d)implementation of maximum potential bycatch thresholds;(e)use of acoustic deterrent devices; and(f)modifications in fishing behaviour and strategies.

3.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 amending the applicable national legislation.

4.The Commission or 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 dolphin-safe or dolphin-friendly labelling in fisheries with medium to high risk of interactions with cetaceans.

5.By 1 December 2026, Member States shall notify to the Commission at least two of the mitigation measures implemented pursuant to paragraphs 1 to 4.

6.The Commission shall notify the mitigation measures referred to in paragraph 5 to the GFCM Secretariat without delay.’;

(66)in Article 106, paragraph 1 is replaced by the following:

‘1. Without prejudice to more stringent provisions laid down in Article 14 of Regulation (EC) No 1224/2009, masters of fishing vessels shall record in their fishing logbooks the following information:(a)any event of incidental catch and release of seabirds;(b)any event of incidental catch and release of sea turtles;(c)any event of incidental catch and release of monk seals;(d)any event of incidental catch and release of cetaceans;(e)any event of incidental catch, release or discarding in GSAs 1 to 27 of shark species listed either in Annex II or III to the Protocol concerning specially protected areas and biological diversity in the Mediterranean;(f)any event of incidental catches of elasmobranchs in GSAs 1 to 27.’;

(67)Article 107 is replaced by the following:

‘Article 107

Establishment of a fisheries restricted area

A fisheries restricted area (FRA) in the eastern Gulf of Lion (geographical subarea 7) is established with a view to reinforcing the protection of spawning aggregations and deep-sea sensitive habitats.

The FRA referred to in the first paragraph of this Article shall be divided into Zone A and Zone B and bounded by the lines joining the geographical coordinates defined in Part B of Annex XI.’;

(68) the following article is inserted:

‘Article 107a

Management and monitoring of fishing capacity and fishing effort

1.With a view to contributing to the protection of VMEs and essential fish habitats for demersal stocks such as European hake, 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 of each year.

3.Any recreational fishing activity shall be prohibited in Zones A and B.’;

(69)Article 108 is replaced by the following:

‘Article 108

Fishing effort

The annual fishing effort (days at sea) exerted on demersal stocks by vessels authorised to fish in the FRA using towed nets, bottom or mid-water longlines or bottom-set nets ▌ shall not exceed the level of fishing effort exerted over the reference period 2015 to 2017.’;

(70) Article 110 is amended as follows:(a)paragraph 3 is replaced by the following:

‘3. Unless Member States have already done so, they shall communicate to the Commission the national legislation in force on 31 December 2008 concerning:(a)the maximum time of daily fishing activity;(b)the maximum number of days at sea.’;

(b)the following paragraph is added:

‘4. Member States shall not transfer effort between vessels authorised to fish in the FRA that use different types of gear.’;

(71) the following articles are inserted:

‘Article 110a

Data collection and scientific monitoring

1.Member States shall develop a scientific monitoring plan for the FRA.

Member States shall report to the Commission the results of the scientific monitoring plan referred to in the first subparagraph.

2.Member States shall ensure that the vessel owners: (a)record in the electronic logbook or in an equivalent document in line with international standards and the data reporting requirements of relevant GFCM recommendations, information on fishing activities, catch data for key species referred to in Article 108, incidental catches, release or discarding of sensitive species listed in Annex II or III of the Protocol concerning specially protected areas and biological diversity in the Mediterranean;(b)report to the national authorities the information referred to in point (a) of this paragraph, for notification within their annual national reporting, in line with the GFCM DCRF manual.

3.Member States shall ensure that any other additional measure, for example 5 % coverage of onboard observers or remote electronic monitoring in order to level the playing field between all vessels, is taken to improve data collection with a view to scientific monitoring of key species referred to in Article 108.

Article 110b

Control and enforcement measures

1.Member States shall maintain a list of the vessels authorised to fish in the FRA.

2.Member States shall communicate to the GFCM Secretariat by 30 April of each year, through the GFCM DCRF online platform, an updated version of the list referred to in paragraph 1. For each vessel, that updated version of the list shall contain the information detailed in Annex VIII.

3.Member States shall send to the Commission, by 15 May of each year, a report on the management measures they have taken in FRA. The Commission shall send that report to the GFCM Secretariat by 31 May of each year.

4.Member States shall communicate to the Commission the legal conditions provided for in their national law, as in force on 31 December 2023, regarding the maximum duration of a fishing day. The Commission shall communicate that information to GFCM Secretariat without delay. That obligation shall not apply to Member States which have already communicated those legal conditions to the Commission.

5.Fishing vessels above 12 metres in LOA transiting in the FRA shall have an operational transponder on board for VMS or Automatic Identification Systems (AIS) displaying increased data transmission, and they shall have all fishing gear lashed and stowed during the entire duration of the transit. Transiting fishing vessels shall follow a direct course at a constant speed of no less than 6 knots, except in the case of force majeure or adverse conditions. In such cases, the master of the vessel shall immediately inform the fisheries monitoring centre (FMC) of the vessel’s flag State so that it can notify the force majeure to the competent authorities of the Member States.’;

(72)Article 112 is deleted;(73)Article 113 is replaced by the following:

‘Article 113

Fisheries restricted areas

Fishing with bottom trawl nets shall be prohibited in the:(a)FRA ‘East of Adventure Bank’ bounded by lines joining the coordinates set out in Part B of Annex XI;(b)FRA ‘West of Gela Basin’ bounded by lines joining the coordinates set out in Part B of Annex XI;(c)FRA ‘East of Malta Bank’ bounded by lines joining the coordinates set out in Part B of Annex XI.

Any demersal fishing activity, including recreational fisheries, irrespective of the vessels’ LOA, shall not be allowed in the FRAs referred to in the first paragraph.’;

(74)in Article 115, the following paragraph is added:

‘4. 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.’;

(75)the following sections are added:

‘Section V

Transhipments

Article 120a

Scope

1.Without prejudice to Article 20 of Regulation (EC) No 1224/2009, this section regulates transhipment operations in the GFCM Agreement area, as provided for in Annex I.

2.Transhipments at sea outside Union waters shall be prohibited, except in case of force majeure, within the GFCM Agreement area.

3.Transhipments shall be allowed only in designated ports, landing points or places close to the shore authorised for that purpose, subject to an authorisation and to the conditions laid down in this section.

4.Transhipment shall not take place if any of the vessels involved are included in the GFCM IUU vessel list.

5.For the purpose of this section, relocation, pair trawling activities and fishing operations involving joint action by two or more fishing vessels from Member States or Contracting Parties of the GFCM shall not be considered as transhipment.

Article 120b

Transhipment operations at port

1.A transhipment operation at port shall be allowed only subject to authorisation issued by the authorities of the coastal Member State and by the authorities of the flag State of the vessels.

2.The authorisation referred to in paragraph 1 shall be issued when the authorities of the flag State of the vessel have verified that the activities carried out by the vessels taking part in the transhipment are in line with the GFCM conservation and management measures and that the vessels have not been engaged in IUU fishing activities.

3.The authorisation referred to in paragraph 1 shall be kept on board of the donor vessel and made available during an inspection or control procedure.

4.The master of the donor fishing vessel shall notify the authorities of the port Member States on the identification of the receiving vessel, and the date, time and port where the transhipment will take place, at least 48 hours in advance of the transhipment operation.

5.The identification referred to in paragraph 4 shall contain, at least, the name of the vessel, International Maritime Organization (IMO) number, GFCM register number, external mark, port of registry and flag of the fishing vessel.

6.The master of the receiving vessel shall, 48 hours before landing, transmit a GFCM transhipment declaration to the competent authorities of the State where the landing is to take place.

7.The master of the receiving vessel shall, no later than 24 hours before starting the transhipment, complete and transmit to the authorities of the port Member State information about the catches and fisheries product on board. Catches shall be reported by indicating species and weight or number of specimens, where relevant.

8.Member States shall require the master of the donor fishing vessel issuing the request to transmit the following information:(a)species by FAO alfa-code identification and product form;(b)catches on board to be transhipped, in kg live weight, in processed weight or number of individuals, where relevant;(c)geographic location of the catches (as recorded in the logbook);(d)place and date where the transhipment is to take place;(e)the receiving vessel’s name, registration number, IMO number and flag.

9.Member States shall monitor vessels that are not flying their flag and are seeking access to their ports, and ensure that such vessels have not been engaged in fishing or fishing-related activities in contravention of any GFCM conservation measure.

Article 120c

GFCM transhipment declarations

1.Masters of fishing vessels above 15 metres in LOA involved in a transhipment operation shall complete a GFCM transhipment declaration in accordance with Annex XX and indicate specifically all quantities of each species transhipped or received above 50 kg in live weight equivalent or number of specimens, where relevant.

2.The GFCM transhipment declaration shall contain at least:(a)the external identification number and the name of both the donor and the receiving fishing vessels;(b)the FAO alpha-3 code of each species and the relevant GFCM geographical area in which the catches were taken;(c)the estimated quantities of each species in kg in product weight, categorised by type of product presentation, or, where appropriate, the number of specimens, including the quantities or specimens below the applicable minimum conservation reference size, as a separate entry;(d)the port of destination of the receiving fishing vessel;(e)the designated port of transhipment.

3.The masters of both the donor and the receiving fishing vessel shall submit a GFCM transhipment declaration, as soon as possible and not later than 48 hours after transhipment:(a)to their flag Member State; and(b)if the transhipment has taken place in a port of another Member State or in a port of a non-EU Contracting Party of the GFCM, the submission of the GFCM transhipment declaration shall also be done to the competent authorities of the port concerned.

4.GFCM transhipment declaration shall be signed by the master of the receiving fishing vessel and the master of the donor fishing vessel.

5.The masters of both donor and the receiving fishing vessels shall each be responsible for the accuracy of the data recorded in their GFCM transhipment declaration.

6.A copy of the GFCM transhipment declaration shall be retained on board of each fishing vessel until all catches and fishery products have been landed.

Article 120d

Monitoring and control measures

1.The permitted margin of tolerance in estimates recorded in the GFCM transhipment declaration of the quantities in kg live weight of fish transhipped or received shall be 10 % for all species.

2.The authorities of the port State shall review the information received, in cooperation with the authorities of the flag State of the fishing vessels, if needed, to determine consistency between the reported catches, transhipments, and landings of each fishing vessel. That verification shall be carried out in a manner that ensures the vessel experiences the minimum interference and inconvenience and that degradation of the fish is avoided.

3.All donor and receiving fishing vessels authorised to conduct transhipment shall be required to have and use an operational VMS onboard as described in Article 19 of Commission Implementing Regulation (EU) No 404/2011*.

Article 120e

Reporting

1.Member States shall report to the Commission, by 15 April of each year, the list of designated ports, landing points, and places close to the shore where transhipment operations under this section are allowed.

2.The Commission shall report to the GFCM Secretariat the information referred to in paragraph 1, by 30 April of each year.

3.Member States shall report to the Commission any relevant information on the implementation of Recommendation GFCM/45/2022/14 by 15 April of each year.

4.The Commission shall send to the GFCM Secretariat the information referred to in paragraph 3 by 30 April of each year.

Section VI

Recreational fisheries in the Mediterranean Sea

Article 120f

Scope

This section establishes the minimum rules for management, control and monitoring of recreational fishing activities in the Mediterranean Sea, GSAs 1 to 27 as provided for in Annex I.

Article 120g

Prohibitions

Without prejudice to more stringent provisions laid down in Article 7 of Regulation (EU) 2019/1241, it shall be prohibited to:(a)engage in recreational fishing without a valid fishing license or registration, in accordance with this Chapter ▌ ;(b)sell or trade catches from recreational fishing activities;(c)retain any specimen pertaining to the species listed in Annex XXI;(d)retain any specimen smaller than the minimum conservation reference sizes adopted by the GFCM;(e)fish in the areas protected by means of and in accordance with GFCM recommendations, in particular the sensitive habitats and the FRAs established to protect Essential Fish Habitats (EFHs) and VMEs and areas specifically prohibited to recreational fishing under Member States’ national legislation;(f)fish underwater with an autonomous breathing apparatus;(g)fish underwater from sunset until dawn;(h)hold simultaneously hand-held spears or spear guns and an autonomous breathing apparatus (aqualung);(i)fish with toxic, stupefying or corrosive substances, explosives or electric current.

Article 120h

Licences

Member States shall ▌ put in place and maintain either a mandatory licensing or registry scheme covering all recreational fishers. Member States may exempt fishers on foot from such a scheme.

Article 120i

Control and enforcement

1.Member States shall establish and implement a system to control and monitor recreational fishing activities, complementing existing national control plans, for recreational fishing activities made from vessels.

2.The system referred to in paragraph 1 shall be based on risk analysis, taking into account the frequency and threats posed by recreational fishing activities to marine biological resources, in particular regarding the prohibitions listed in Article 120g.

3.Member States shall establish and implement an effective sanctioning system against any infringement of this Chapter. The sanctions and penalties applied shall be effective, proportionate and dissuasive and shall take into account the frequency and the threats posed to marine biological resources, in particular regarding the prohibitions listed in Article 120g.

Article 120j

Data collection

Without prejudice to more stringent provisions laid down in Article 55 of Regulation (EC) No 1224/2009 Member States shall perform sample checks and surveys of the recreational fishing activities in Union waters, taking place on their territory.

Article 120k

Data reporting

1.Member States shall report to the Commission, by 15 January of each year, the following information:(a)the list of species prohibited for recreational fishing under national or local legislation;(b)the fishing methods prohibited for recreational fishing under national or local legislation;(c)the areas specifically prohibited for recreational fishing under national or local legislation;(d)the list of species regulated for recreational fishing under national or local legislation;(e)any measures regulating recreational fishing activities under national or local legislation.

2.The Commission shall report to the GFCM Secretariat by 31 January of each year the information listed in paragraph 1.

_____________

* Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2011/404/oj).’;

(76)in Article 122, paragraph 2 is replaced by the following:

‘2. The list referred to in paragraph 1 shall include the information set out in the first column of Annex XXIII and the following information:(a)the vessel’s CFR number as defined in, and its external marking, as referred to in, Implementing Regulation (EU) 2017/218;(b)the period during which fishing or transhipment is authorised;(c)the fishing gears used.’;

(77)Article 128 is amended as follows:(a)in paragraph 1, point (b) is replaced by the following:

‘(b) evidence reported by Member States supporting the presumption of IUU fishing activities, including information on the identification of the vessel concerned.’;

(b)the following paragraphs are added:

‘4. Within the scope of this section, a fishing vessel is deemed to have carried out IUU fishing activities in the GFCM Agreement area where a Member State presents evidence that that vessel has engaged in one or more of the following activities in contravention of GFCM conservation and management measures:(a)the activities referred to in Article 3 of Regulation (EC) No 1005/2008;(b)harvesting fish in the GFCM Agreement area whilst being without nationality;(c)harvesting fish in the GFCM Agreement area whilst being without adequate vessel identification number;(d)engaging in fishing or fishing-related activities, in contravention of any other GFCM conservation and management measures.

5.Where appropriate, Member States shall investigate alleged IUU fishing activity and monitor the vessels concerned.

6.Where appropriate, Member States shall notify the owner of a vessel of the submission of information on that vessel by the Member State for inclusion in the draft GFCM IUU vessel list and of the consequences that may result should the vessel be included in that list as adopted by the GFCM.’;

(78)Article 130 is replaced by the following:

‘Article 130

Draft GFCM IUU vessel list

Upon receipt of the draft GFCM IUU vessel list from the GFCM Secretariat, Member States shall:(a)closely monitor the vessels included in the draft GFCM IUU vessel list and determine their activities and possible changes of name, flag or registered owner;(b)notify the owner of the vessel flying its flag of its inclusion in the draft GFCM IUU vessel list and of the consequences that may result should the vessel be included in the adopted GFCM IUU vessel list.

Upon receipt of the draft GFCM IUU vessel list from the GFCM Secretariat, Member States may communicate their comments to the Commission, as appropriate.

The Commission shall communicate the information referred to in the second paragraph to the GFCM Secretariat at least 30 days before the GFCM annual session.

Member States may submit to the Commission at the latest 7 days before the GFCM annual session any additional information which may be relevant for the establishment of the GFCM IUU vessel list.

The Commission shall send the information referred to in the fourth paragraph to the GFCM Secretariat before the GFCM annual session.’;

(79)in Chapter III, the following article is added:

‘Article 130a

Vessel sightings

1.Member States shall collect, through enforcement and surveillance operations conducted by their competent authorities in the GFCM Agreement area, as much information as possible whenever a vessel flying the flag of a third country or a vessel with undetermined nationality or without nationality is sighted as engaged in fishing or fishing-related activities that are deemed to be IUU.

2.Member States shall collect information on vessel sightings in accordance with the sighting information sheet set out in Annex VII.

3.When a vessel is sighted, the sighting Member State shall, without delay, notify the sighting information sheet referred to in paragraph 2 and provide any recorded images of the vessel concerned to the competent authorities of the flag Member State or flag GFCM Contracting Parties or flag non-contracting parties of the sighted vessel.

Where the sighted vessel is flying the flag of a Member State, the flag Member State shall, without undue delay, take appropriate action with respect to the vessel concerned. Both the sighting Member State and the flag Member State of the sighted vessel shall provide information on the sighting to the Commission and the European Fisheries Control Agency (EFCA), including details of any follow-up actions taken.

If the sighted vessel is flying the flag of another GFCM Contracting Party, a non-contracting party, is of indeterminate nationality, or is without nationality, the sighting Member State shall, without undue delay, provide to the Commission and the EFCA all appropriate information on the sighting. The Commission, where appropriate, shall transmit that sighting information to the GFCM Secretariat.

4.When a vessel is sighted and there are reasonable grounds to suspect that the vessel concerned is without nationality, the officials of the sighting Member States may board the vessel to confirm its nationality. Those Member States shall notify the Commission without delay of the result of that inspection. The Commission shall notify that result to the GFCM Secretariat without delay.

5.Member States shall immediately report to the Commission information collected from boardings on vessels of non- contracting parties conducting fishing or fishing-related activities on species covered by GFCM fisheries management measures in waters outside national jurisdiction in the GFCM Agreement area. The Commission shall transmit that information to the GFCM Secretariat without delay.

6.Fishing and support vessels of Member States operating in the GFCM Agreement area shall collect and report information to their competent national authorities to support the vessel sightings referred to in this Article.’;

(80)the following article is inserted:

‘Article 138a

Data management, protection of personal data and confidentiality

1.Personal data required for the application of Article 15(1), Article 24(1), Article 30b (4) and (5), Article 30c, Article 34(1), Article 37b(4) and (5), Article 37c, Article 47(4), Article 54, Article 63(4) and (5), Article 64, Article 70(2), Article 75f(1), Article 78(3), Article 94a (1), Article 96c(1), Article 126 and Article 128(3) shall be collected and processed by the authorities of the Member States and the Commission for the following purposes:(a)complying with the obligations of identifying relevant fishing vessels information and carry out data exchanges of fisheries data in accordance with Articles 15, 24, 34, 47, 70, 74, 78, 94a and 96c; and(b)monitoring, control, inspection and surveillance of fishing activities in accordance with Articles 30b, 30c, 37b, 37c, 54, 63, 64, 126 and 128.

2.Personal data received in accordance with this Regulation shall not be stored for longer than it is necessary for the purpose it was collected and, in any event, no longer than 5 years from its collection, except for personal data that is necessary to allow for the following up of complaints, infringements and judicial or administrative proceedings, which may be retained until the end of the procedure, administrative or judicial proceedings concerned or the time needed for the application of sanctions or penalties. If the data are retained for a longer period, they shall be anonymised.

3.The authorities of the Member States shall be regarded as controllers as defined in Article 4, point (7), of Regulation (EU) 2016/679 of the European Parliament and of the Council* in relation to the processing of personal data which they collect and transmit pursuant to this Regulation.

4.The Commission shall be regarded as controller as defined in Article 3, point (8), of Regulation (EU) 2018/1725 of the European Parliament and of the Council** in relation to the processing of personal data which it collects and transmits pursuant to this Regulation.

5.In addition to the obligations established in Regulations (EU) 2016/679 and (EU) 2018/1725, the authorities of the Member States and the Commission shall each:(a)ensure confidential treatment when transmitting and receiving electronic data;(b)take the necessary measures to comply with the confidentiality and security provisions set out in GFCM Recommendations, including appropriate encryption protocols to ensure confidentiality and authenticity;(c)where necessary, at the request of the GFCM Secretariat, rectify or erase electronic reports or messages processed in a manner which does not comply with this Regulation;(d)ensure that electronic data is stored and used only for monitoring, control, inspection and enforcement or other purposes specified in this Regulation; and(e)ensure that all transmission of electronic data use data communication systems duly tested with the GFCM Secretariat.

6.The authorities of the Member States and the Commission shall each ensure the security of the processing of personal data in respect of the processing of personal data that takes place pursuant to this Regulation, including the processing of personal data by the authorities having a right to access relevant fisheries databases. In particular, they shall adopt the necessary measures in order to:(a)physically protect data, including by making contingency plans for the protection of critical infrastructure;(b)prevent the unauthorised reading, copying, modification or removal of data media;(c)prevent the unauthorised input of data and the unauthorised access, modification or deletion of recorded personal data;(d)prevent the unauthorised processing of data and any unauthorised copying, modification or deletion of data;(e)ensure that persons authorised to access the relevant fisheries data bases have access only to the data covered by their access authorisation, by means of individual user identities and confidential access modes only;(f)ensure that it is possible to verify and establish to which GFCM bodies personal data may be transmitted and what data have been processed in the relevant fisheries databases, including when, by whom and for what purpose that processing has taken place;(g)prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data to or from the relevant fisheries databases or during the transport of data media, in particular by means of appropriate encryption techniques; and(h)monitor the effectiveness of the security measures provided for in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation.

_____________

* Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).’;

** Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).’;

(81)▌ Article 139 is replaced by the following ▌ :

‘Article 139

Delegation of powers

Insofar as it is necessary in order to implement into Union law amendments to already-implemented GFCM measures which become binding for the Union, the Commission is empowered to adopt delegated acts amending this Regulation, in accordance with Article 140, in respect of the following:(a)the provision to the GFCM Secretariat of information under Article 120(4);(b)the arrangements concerning the list of authorised vessels to be transmitted to the GFCM Secretariat under Articles 9, 10, 15, 24 and 34, Article 47(4), Articles 61, 70, 74e and 75c, Article 78(3), Articles 86 and 96c, Article 116(5) and Article 122, and the data to be included under Annexes VIII, XIX and XXIII;(c)the implementation of the permanent CDS for red coral under Article 55 and Annex X;(d)port state measures set out in Articles 123 to 127;(e)the table, the map and the geographical coordinates of GSAs set out in Annex I;(f)port state inspection procedures for vessels set out in Annex II;(g)GFCM statistical matrices set out in Annex III;(h)references to international acts referred to in Article 120(2) and Article 120e(3);(i)the setting out of information on vessel sightings in Annex VII; and(j)measures concerning turbot set out in Articles 90 to 94a and Annex XXIV.’;

(82)Annexes VII, VIII, X and XI are replaced as set out in points (1) and (2) of the Annex to this Regulation;(83)Annexes XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV and XXV are added as set out in point (3) of the Annex to this Regulation.