Date: 2025-05-02Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2025/838 of 19 February 2025 amending Regulation (EU) 2018/975 of the European Parliament and of the Council as regards data reporting for the jack mackerel fishery, technical failure of the satellite-tracking device, vessel data requirements in Annex V, transhipment data requirements in Annexes VII, VIII and IX, and port data requirements in Annexes XI and XII
Issued by European Commission
· Directorate-General for Maritime Affairs and Fisheries
## Policy Analysis Report: Commission Delegated Regulation (EU) 2025/838 - Amendments to Regulation (EU) 2018/975 concerning SPRFMO Fisheries
**1. Executive Summary:**
This report analyzes Commission Delegated Regulation (EU) 2025/838, which amends Regulation (EU) 2018/975 concerning management, conservation, and control measures within the South Pacific Regional Fisheries Management Organisation (SPRFMO) Convention Area. The amendments focus on data reporting for the jack mackerel fishery, handling technical failures of satellite tracking devices, and revising data requirements for vessels, transhipments, and port activities. Key changes involve updated reporting deadlines, procedures for vessel tracking malfunctions, and revised data requirements in Annexes V, VII, VIII, IX, XI, and XII of the original regulation. These amendments aim to improve the accuracy, timeliness, and detail of fisheries data collection and reporting to support effective management and conservation efforts within the SPRFMO area.
**2. Introduction:**
This report provides an informative analysis of Commission Delegated Regulation (EU) 2025/838 based solely on the provided text. The regulation amends existing rules concerning fisheries management within the SPRFMO Convention Area. The analysis will focus on the specific changes introduced by the amendment and their likely implications.
**3. Policy Overview:**
* **Original Policy:** Regulation (EU) 2018/975 of the European Parliament and of the Council of 4 July 2018 laying down management, conservation, and control measures applicable in the South Pacific Regional Fisheries Management Organisation (SPRFMO) Convention Area.
* **Core Objective(s) (as inferred from the text):**
* To implement into Union law the management, conservation, and control measures adopted by the SPRFMO.
* To ensure compliance with the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean.
**4. Background and Rationale:**
The amendment is likely driven by the need to incorporate changes adopted by SPRFMO at its annual meetings between 2018 and 2024 into Union law. The rationale appears to be the continuous improvement and adaptation of conservation and management measures based on evolving scientific data and the changing dynamics of the fisheries in the South Pacific region. Specifically, the provided text suggests a need to update data reporting requirements, address issues related to vessel tracking technology, and refine data collection processes related to transhipment and port activities.
**5. Key Provisions / Changes:**
This section details the key changes introduced by Commission Delegated Regulation (EU) 2025/838.
* **Article 1, Point 1 (Amendment to Article 72):**
* **Original Policy:** Reporting requirements for fishing vessels and scientific reports.
* **New Rule:**
* Point a: Member States must provide a list of fishing vessels actively fishing or engaged in transhipment in the SPRFMO Convention Area by the 15th of each month (for the preceding month). The Commission transmits this information to the SPRFMO Secretariat by the 20th of each month.
* Point b: The annual scientific report covering the previous year, including observer data to the maximum extent possible, must be submitted not later than 45 days before the SPRFMO Scientific Committee meeting. The Commission transmits this information to the SPRFMO Secretariat not later than 30 days before the SPRFMO Scientific Committee meeting.
* **Effect of Change:** This amendment potentially accelerates the reporting timelines to the SPRFMO Secretariat, potentially improving the timeliness of data available for fisheries management decisions.
* **Article 1, Point 2 (Amendment to Article 41):**
* **Original Policy:** Procedures for technical failure of satellite tracking devices.
* **New Rule:** If the technical failure of the satellite tracking device has not been solved within 30 days from the commencement of the reporting obligation, fishing vessels must cease fishing, stow all fishing gear, and return to port without delay to repair the satellite tracking device.
* **Effect of Change:** Enforces a stricter consequence for prolonged satellite tracking device failures, ensuring continuous monitoring of fishing vessels and potentially reducing the risk of unreported fishing activities.
* **Article 1, Point 3 (Amendment to Annexes):**
* **Original Policy:** Data requirements for vessel characteristics, transhipment operations, and port activities.
* **New Rule:** Annexes V, VII, VIII, IX, XI, and XII to Regulation (EU) 2018/975 are amended to include more detailed specifications for vessel data (hold capacity, updated photo requirements), advanced transhipment notifications, observer transhipment log sheets, transhipment declarations, port call requests, and port inspection reports. These include specific data points to be reported.
* **Effect of Change:** These amendments mandate more comprehensive data collection and reporting across various aspects of fishing operations, transhipment, and port activities, enhancing traceability and accountability. The new high-resolution photo requirements for vessels aim for better vessel identification.
**6. Target Audience and Stakeholders:**
Based on the text, the following are directly affected:
* Member States of the European Union with fishing vessels operating in the SPRFMO Convention Area.
* Owners and operators of fishing vessels flying the flag of EU Member States that operate in the SPRFMO Convention Area.
* Fishing vessel masters operating in the SPRFMO Convention Area.
* Port authorities in EU Member States and potentially other states where SPRFMO-managed species are landed or transhipped.
* The European Commission (responsible for transmitting information to the SPRFMO Secretariat).
**7. Implementation Aspects (Inferred):**
* **Responsible agency/bodies:** Member States are responsible for ensuring compliance by vessels flying their flag. The European Commission is responsible for transmitting information to the SPRFMO Secretariat.
* **Timelines:** Specific timelines are stated for data submissions (e.g., vessel lists by the 15th of each month). Annex changes apply from 1 October 2025. Vessels have a 30-day window to resolve satellite tracking device failures before being required to return to port.
* **Enforcement:** Member States are responsible for ensuring vessels cease fishing and return to port if satellite tracking device failures are not resolved within the specified timeframe. Port inspections will play a role in verifying compliance.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcomes of these specific changes are:
* **Improved Data Quality and Timeliness:** The amendments to reporting deadlines and data requirements are expected to improve the quality and timeliness of fisheries data available to the SPRFMO.
* **Enhanced Vessel Monitoring:** The stricter rules regarding satellite tracking device failures are intended to ensure continuous monitoring of fishing vessels, reducing the risk of illegal, unreported, and unregulated (IUU) fishing.
* **Increased Transparency and Traceability:** The more detailed data requirements for transhipment and port activities should enhance transparency and traceability of SPRFMO-managed species throughout the supply chain.
* **More Effective Fisheries Management:** The overall effect is expected to be more effective fisheries management and conservation efforts within the SPRFMO Convention Area.
**9. Conclusion:**
Commission Delegated Regulation (EU) 2025/838 introduces significant amendments to Regulation (EU) 2018/975, impacting data reporting, vessel monitoring, and operational procedures for fishing vessels operating in the SPRFMO Convention Area. The changes aim to enhance data quality, ensure continuous vessel tracking, and improve transparency in transhipment and port activities. These measures are crucial for effective fisheries management and conservation efforts, contributing to the sustainable utilization of high seas fishery resources in the South Pacific Ocean. Compliance with these updated regulations is critical for all relevant stakeholders to maintain access to these fisheries.
Key Entities Referenced
European Union: Political and economic union located primarily in Europe.
COMMISSION DELEGATED REGULATIONEU 2025/838: Commission Delegated Regulation (EU) 2025/838, the main subject of the policy document.
19 February 2025: Date of the COMMISSION DELEGATED REGULATIONEU 2025/838.
Regulation EU 2018/975: Regulation (EU) 2018/975 of the European Parliament and of the Council, which is being amended by this regulation.
European Parliament: One of the legislative bodies of the European Union.
Council: Council of the European Union.
jack mackerel fishery: Specific fishery mentioned in relation to data reporting requirements.
satellite tracking device: Equipment used for vessel monitoring, subject to technical failure reporting requirements.
Annex V, VII, VIII, IX, XI and XII: Specific annexes of Regulation EU 2018/975 that are being amended.
THE EUROPEAN COMMISSION: Executive branch of the European Union, responsible for proposing and implementing legislation.
Treaty on the Functioning of the European Union: Foundational treaty of the European Union.
4 July 2018: Date of Regulation EU 2018/975.
South Pacific Regional Fisheries Management Organisation SPRFMO Convention Area: Geographic area governed by the SPRFMO.
Article 43: Article within Regulation EU 2018/975 that provides the legal basis for the amendments.
Council Decision 2012/130/EU: Council Decision regarding the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean.
Union: Refers to the European Union.
Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean: International agreement establishing the SPRFMO.
South Pacific Regional Fisheries Management Organisation: Regional fisheries management organization.
SPRFMO: Acronym for the South Pacific Regional Fisheries Management Organisation.
26 July 2010: Date the SPRFMO was established.
2013: Year of annual meetings between 2013 and 2017.
2017: Year of annual meetings between 2013 and 2017.
2018: Year of SPRFMO annual meetings where amendments were adopted.
2019: Year of SPRFMO annual meetings where amendments were adopted.
2020: Year of SPRFMO annual meetings where amendments were adopted.
2021: Year of SPRFMO annual meetings where amendments were adopted.
2022: Year of SPRFMO annual meetings where amendments were adopted.
2023: Year of SPRFMO annual meetings where amendments were adopted.
2024: Year of SPRFMO annual meetings where amendments were adopted.
Article 1: Article within the COMMISSION DELEGATED REGULATIONEU 2025/838 outlining the amendments to Regulation EU 2018/975.
Article 72: Article within Regulation EU 2018/975 that is being amended.
SPRFMO Secretariat: Administrative body of the SPRFMO.
SPRFMO Scientific Committee: Scientific advisory body of the SPRFMO.
Article 41: Article within Regulation EU 2018/975 that is being amended regarding technical failure of satellite tracking devices.
Member States: Countries that are members of the European Union.
Official Journal of the European Union: Official gazette of the European Union where legal acts are published.
Brussels: Location where the regulation was adopted.
Ursula VON DER LEYEN: President of the European Commission.
1 October 2025: Date from which points 2, 3 and 4 of the Annex shall apply.
Advanced transhipment notification: Details of unloading vessel.
ANNEX VII: Replaced annex related to advanced transhipment notification.
ANNEX VIII: Replaced annex related to observer transhipment log sheet.
ANNEX IX: Replaced annex related to transhipment declaration.
ANNEX XI: Replaced annex related to port call request.
ANNEX XII: Replaced annex related to port inspection report.
United Nations Code for Trade and Transport Locations: UNLOCODE.
International Standard Classification of fishing gears: ISSCFG.
Official Journal EN
of the European Union L series
2025/838 2.5.2025
COMMISSION DELEGATED REGULATION(EU) 2025/838
of 19 February 2025
amending Regulation (EU) 2018/975 of the European Parliament and of the Council as regards data
reporting for the jack mackerel fishery, technical failure of the satellite-tracking device, vessel data
requirements in Annex V, transhipment data requirements in Annexes VII, VIII and IX, and port data
requirements in Annexes XI and XII
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/975 of the European Parliament and of the Council of 4 July 2018 laying down
management, conservation and control measures applicable in the South Pacific Regional Fisheries Management
Organisation (SPRFMO) Convention Area(1), and in particular Article 43, points (a), (b) and (f), thereof,
Whereas:
(1) Pursuant to Council Decision 2012/130/EU(2), the Union is a Contracting Party to the Convention on the
Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean, which established the
South Pacific Regional Fisheries Management Organisation (‘the SPRFMO’), since 26 July 2010.
(2) Regulation (EU) 2018/975 implements into Union law the management, conservation and control measures
adopted by the SPRFMO (‘conservation and management measures’) at its annual meetings between 2013 and 2017.
(3) At its annual meetings in 2018, 2019, 2020, 2021, 2022, 2023 and 2024, the SPRFMO adopted amendments to
existing conservation and management measures.
(4) Those amendments should be implemented into Union law. Regulation (EU) 2018/975 should be amended
accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) 2018/975 is amended as follows:
(1) in Article 7(2), points (a) and (b) are replaced by the following:
‘(a) by the 15th day of each month, the list of fishing vessels flying their flag that are actively fishing or engaged in
transhipment in the SPRFMO Convention Area in the preceding month. The Commission shall transmit that
information to the SPRFMO Secretariat by the 20th day of each month;
(b) not later than 45 days before the SPRFMO Scientific Committee meeting, the annual scientific report covering
the previous year, including observer data to the maximum extent possible. The Commission shall transmit
that information to the SPRFMO Secretariat not later than 30 days before the SPRFMO Scientific Committee
meeting.’;
(2) in Article 41, paragraph 2 is replaced by the following:
‘2. Member States shall ensure that, in the event that the technical failure of the satellite tracking device has not
been solved within 30 days from the commencement of the reporting obligation as specified in paragraph 1, fishing
vessels flying their flag cease fishing, stow all fishing gear and return to port without delay to repair the satellite-
tracking device.’;
(1) OJ L 179, 16.7.2018, p. 30, ELI: http://data.europa.eu/eli/reg/2018/975/oj.
(2) Council Decision 2012/130/EU of 3 October 2011 on the approval, on behalf of the European Union, of the Convention on the
Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (OJ L 67, 6.3.2012, p. 1, ELI: http://data.
europa.eu/eli/dec/2012/130(1)/oj).
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OJ L, 2.5.2025
(3) Annexes V, VII, VIII, IX, XI and XII are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the fourth day following that of its publication in the Official Journal of the European
Union.
Points 2, 3 and 4 of the Annex shall apply from 1 October 2025.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 February 2025.
For the Commission
The President
Ursula VON DER LEYEN
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ANNEX
Annexes V, VII, VIII, IX, XI and XII to Regulation (EU) 2018/975 are amended as follows:
1. Annex V is amended as follows:
(1) In section 1, point (xv) is replaced by the following:
‘(xv) Hold capacity (m3; if applicable)’;
(2) In section 1, point (xxvi) is replaced by the following:
‘(xxvi) Good quality high resolution digital photographs of the vessel of appropriate brightness and
contrast, no older than 5 years at the time the vessel is first authorised, which shall consist of at least:
(i) one photograph showing the starboard side of the vessel displaying its full overall length and
complete structural features;
(ii) one photograph showing the port side of the vessel displaying its full overall length and
complete structural features;
(iii) one photograph showing the stern taken directly from astern, including any superstructure.
Photos shall be updated when changes to the vessel characteristics are made (e.g. modified hull,
superstructure, external markings). Photos shall be submitted in one of the following file formats:
jpeg, png, or tiff.’;
2. Annex VII is replaced by the following:
‘ANNEX VII
Advanced transhipment notification
1. Transhipment details
(a) Member State providing the data submission
(b) Anticipated transhipment date (UTC)
(c) Anticipated transhipment time (UTC), if available
(d) Anticipated transhipment latitude (decimal degrees)
(e) Anticipated transhipment longitude (decimal degrees)
(f) Form completed by (vessel name)
2. Details of unloading vessel
(a) Name of vessel
(b) Registration number
(c) IRCS
(d) Vessel flag state
(e) IMO number
(f) Name and nationality of vessel master
(g) Estimated quantity by weight of fish on board prior to the transhipment by species, product form and
catch area
(h) Estimated quantity by weight to be transhipped by species, product form and catch area
3. Details of receiving vessel
(a) Name of vessel
(b) Registration number
(c) IRCS
(d) Vessel flag state
(e) IMO number
(f) Name and nationality of vessel master
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(g) Estimated quantity by weight of fish on board prior to the transhipment by species, product form and
catch area.’;
3. Annex VIII is replaced by the following:
‘ANNEX VIII
Observer Transhipment Log Sheet
1. Details of unloading fishing vessel
Name of vessel
Registration number
IRCS
Vessel flag State
IMO number
Master’s name and nationality
2. Details of receiving fishing vessel
Name of vessel
Registration number
Radio call sign
Vessel flag State
IMO number
Master’s name and nationality
3. Transhipment operation
Date and time of commencement of transhipment
(UTC)
Date and time of completion of transhipment (UTC)
If transhipment in port: Name, country, and code(1)of
port
If transhipment at sea: Position (nearest 1/10th degree)
at commencement of transhipment
If transhipment at sea: Position (nearest 1/10th degree)
at completion of transhipment
Description of product type by species (such as whole, frozen fish in 20 kg cartons)
Species Product type
Species Product type
Species Product type
Number of cartons, net weight (kg) of product, by species
Species Cartons Net weight
Species Cartons Net weight
Species Cartons Net weight
Species Cartons Net weight
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Total net weight of product transhipped (kg)
Hold numbers in reefer vessel in which product is
stowed
Destination port and country of receiving fishing vessel
Estimated arrival date
Estimated landing date
(1) United Nations Code for Trade and Transport Locations (UN/LOCODE).
4. Observations (if applicable)
5. Verification
Name of observer
Authority
Signature’
4. Annex IX is replaced by the following:
‘ANNEX IX
Transhipment Declaration
1. Details of unloading fishing vessel
(a) Name of vessel
(b) Registration number
(c) IRCS
(d) Vessel flag state
(e) IMO number
(f) Name and nationality of vessel master
2. Details of receiving fishing vessel
(a) Name of vessel
(b) Registration number
(c) IRCS
(d) Vessel flag state
(e) IMO number
(f) Name and nationality of vessel master
3. Details of transhipment operation
(a) Date and time of commencement of transhipment (UTC)
(b) Date and time of completion of transhipment (UTC)
(c) If transhipped in port:
Port state, name of port and port code
(d) If transhipped at sea:
(i) Position (nearest 1/10th degree) at commencement of transhipment (latitude and longitude;
decimal degree)
(ii) Position (nearest 1/10thdegree) at completion of transhipment (latitude and longitude; decimal
degree)
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(e) Destination port of receiving fishing vessel(1)
(f) Arrival date estimate
(g) Landing date estimate
(h) Hold numbers in receiving fishing vessel in which product is stowed
4. Details of fishery resources transhipped
(a) Details of fishery resources transhipped
(i) Species code (3-letter FAO code)
(ii) Description of species, by product type (e.g. whole, frozen fish)
(iii) Container/carton type
(iv) Number of cartons and net weight (kg) of product by container/carton type and by species
(v) Total net weight of product transhipped (kg)
(b) Fishing gear used(2)
5. Verification
(a) Name of observer
(b) Authority
_____________
(1) If this information changes, the Transhipment Declaration shall be updated and re-submitted no later than 72
hours before landing transhipped SPRFMO managed products in port.
(2) International Standard Classification of fishing gears (ISSCFG). This information only needs to be provided by
the unloading vessel.’.
5. Annex XI is replaced by the following:
‘ANNEX XI
Port call request
1. Port call information
Port of call Last port Date of last port call
2. Vessel identification
Vessel name Vessel flag IMO number Call sign External identification
Vessel contact RFMO ID (if
Type of vessel Vessel owner(s) Certificate of registry ID
information applicable)
3. VMS
VMS operational? VMS reporting to national FMC? VMS reporting to SPRFMO?
Type
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4. Vessel dimensions
Length Beam Draft (Moulded depth)
5. Vessel master name and nationality
Vessel master name Vessel master nationality
6. Relevant transhipment authorisation(s)
Identifier Issued by Valid dates
7. Transhipment information (concerning donor vessels)
Donor Flag State
Location IMO Product FAO Area of Quantity
Date vessel of donor Species
(Lat/Long) number state capture (kg)
name vessel
8. Port call details
Intended port of Estimated Estimated arrival
Port state Purpose(2)of port call Current date
call(1) arrival date time
(1) Shall be a designated port as listed on the SPRFMO port register.
(2) E.g. landing, transhipment, refueling.
9. SPRFMO managed species held on-board
Total kilograms Amount to be
FAO area of Product Recipient of transhipped/
Species held on-board transhipped/landed
capture state landed amount
(estimated) (estimated)
If no SPRFMO species and/or fish products originating from such species are held on board, then enter “nil”.
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10. Relevant fishing authorisation details
Identifier Issued by Validity Fishing area(s) Species Gear(1)
Fishing authorisation indicates vessel
Species Vessel catch limit per species(2)
catch limit per species (Yes/No)
(1) If the authorisation is limited to transhipments then enter ‘‘tranship’’ as the gear.
(2) If the authorisation does not indicate vessel catch limit, enter N/A.
11. Crew list
Is a copy of the crew list attached? Yes/No’;
6. Annex XII is replaced by the following:
‘ANNEX XII
Port inspection report
1. Inspection details
Inspection report number
Principal inspector’s name
Port state Inspecting authority
Port of inspection Purpose of call
Inspection start date Inspection start time
Inspection end date Inspection end time
Prior notification received? Yes/No Prior notification details Yes/No
consistent with inspection?
2. Vessel details
Vessel name Vessel flag
Vessel type IRCS
External identification IMO number
Vessel owner
Vessel beneficial owner(s)
(if known and different from vessel
owner)
Vessel operator
Vessel master and nationality
Vessel agent
VMS present? Yes/No VMS type
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3. Relevant fishing authorisations
Authorisation identifier Issued by
Validity Fishing areas
Species Gear(1)
Is the vessel in the SPRFMO record Yes/No Currently authorised? Yes/No
of vessels?
(1) If the authorisation is for transhipment then enter “tranship” as the gear.
4. SPRFMO managed species off loaded (during this port call)
FAO area of Declared quantity off
Species Product state Quantity off loaded (kg)
capture loaded (kg)
5. SPRFMO managed species retained onboard
FAO area of Declared quantity held
Species Product state Quantity held on-board (kg)
capture on-board (kg)
6. SPRFMO managed species received from transhipment (during this port call)
FAO area of Declared quantity received
Species Product state Quantity received (kg)
capture (kg)
7. Examinations and findings
Section Comments
Examination of logbooks and other documentation
Compliance with applicable catch documentation scheme(s)
Compliance with applicable trade information scheme(s)
Type of gear onboard
Findings by inspectors
Apparent infringements (include reference to relevant legal instruments)
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Vessel master’s comments
Actions taken
Vessel master’s signature
Inspector’s signature’
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