EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 16.2.2022  
COM(2022) 51 final  
2022/0035 (COD)  
 
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
amending Regulation (EU) 2019/833 laying down conservation and enforcement 
measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries 
Organisation   
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
• Reasons for and objectives of the proposal  
The main purpose of the proposal is to implement  into Union law the amendments to  the 
conservation and enforcement measures  adopted  by the Northwest Atlantic Fisheries 
Organisation  (NAFO ) at its annual meeting in September 2021 . The proposal also inc ludes  
the NAFO editorial improvements and adapts the wording to the EU legal context. NAFO  is 
the regional fisheries management organisation responsible for manag ing fishery resources in 
the Northwest Atlantic under its purview . NAFO’s c onservation and management m easures 
apply exclusively to the NAFO Regulatory Area, the high seas, defined as  the area  that lies 
beyond the area where c oastal states exercise fisheries jurisdiction.  The EU has been a 
Contracting Party to NAFO since 1979.  
The NAFO Convention states that the conservation measures adopted by the NAFO 
Commission are binding (Articles XIV, VI.8  and VI.9)  and that the  Contracting Parties are 
required to implement them.  
Regulation (EU) 2019/833 implemented into Union law the NAFO conservation and 
enforcem ent measures . This proposal covers the amendments adopted by NAFO  at its annual 
meeting in September 2021 . Those amendments entered into force on 2 December 2021  and 
apply  from that date.  
 • Consistency  with  existing  policy  provisions  in the policy  area  
The proposal is consistent with Regulation (EU) 2019/833.  
The proposal is in line with Part VI (external policy) of Regulation (EU) No 1380/2013 on the 
common fisheries policy providing that the Union conducts  its external fisheries in 
accordance with its international obligations, basing EU fishing activities on regional fisheries 
cooperation . 
The proposal complements Regulation (EU) 2017/2403 concerning the external fleet 
management, providing that Union fish ing vessels are subject  to Regional Fisheries 
Management Organisations fishing authorisations, and Council Regulation (EC) No 
1005/2008 concerning illegal unreported and unregulated fis hing providing for inclusion of 
the NAFO I llegal, Unreported and Unregulated (IUU)  list into the U nion IUU  vessels list.  
This proposal does not cover the EU’s f ishing opportunities decided by NAFO. Under  Article 
43(3) of the Treaty on the Functioning of the European Union (TFEU), it is the Council’s 
prerogative to adopt measures on fixing prices, levies, aid and quantitative limitations and on 
the fixing and allo cation of fishing opportunities .   
• Consistency with other Union policies  
The proposal is consistent with other Union policies.  
  
EN 2  EN 2. LEGAL  BASIS,  SUBSIDIARITY  AND PROPORTIONALITY  
• Legal  basis  
The proposal is based on Article 43(2) TFEU, as it sets out the provisions needed to  pursu e 
the objectives of the common fisheries policy.  
• Subsidiarity  (for non-exclusive  competence)   
The proposal falls under the exclusive competence of the Union (Article 3(1)(d) TFEU). The 
subsidiarity principle, therefore does not apply.  
• Proportionality  
The proposal  will ensure that the EU’s NAFO obligations are met,  without going beyond  what 
is necessary to achieve th is objective.  
• Choice  of the instrument  
The instrument chosen  amends  Regulation (EU) 2019/833.   
3. RESULTS  OF EX-POST  EVALUATIONS,  STAKEHOLDER  
CONSULTATIONS  AND  IMPACT  ASSESSMENTS  
• Ex-post evaluations/fitness  checks  of existing  legislation  
Not relevant . 
 • Stakeholder  consultations  
The purpose of this proposal is to amend Regulation (EU) 2019/833 by implementing into 
Union law the amendments  to conservation and enforcement measures  adopted at the NAFO 
annual meeting of September 20 21. EU Member States  national experts and industry 
representatives were consulted both during the run -up to the NAFO annual meeting at which 
these recommendations were adopted and during the NAFO  negotiations.    
• Collection  and use of expertise  
This proposal implements into Union law amendments to NAFO  conservation measures that 
were adopted in accordance with the NAFO s tanding committees  on scientific and control 
advice.   
• Impact  assessment  
Not relevant. This proposal implements into Union law amendments to  NAFO  conservation  
measures  that are binding on Contracting Parties directly applicable to Member States.   
• Regulatory  fitness  and simplification  
This proposal is not link ed to regulatory fitness and simplifi cation ( REFIT ). 
 • Fundamental  rights  
This proposal has no impact  on the protection of fundamental rights.  
 4. BUDGETARY  IMPLICATIONS  
This proposal has no budgetary implications.  
EN 3  EN  5. OTHER  ELEMENTS  
• Implementation  plans  and monitoring,  evaluation  and reporting  arrangements  
Not applicable.  
 • Explanatory  documents  (for directives)  
Not applicable.  
 • Detailed  explanation  of the specific  provisions  of the proposal  
The proposal implements the amendments adopted at the NAFO annual meeting of September 
2021 concerning  the calculation of “Other s” quota, introducing flanking me asures for Cod in 
Division 3M in relation to inspection of landings, as well as Greenland halibut. The 
amendment s also include revised provision s concerning additional procedures , serious 
infringements in relation to u se of mesh sizes, grid or grate , and r einforced measures relating  
follo w-up for infringements, as well as transmission of documents to NAFO and E uropean 
Fisheries Control Agency . 
The proposal also delegates to the Commission powers to amend the Regulation (EU)  
2019/833 conc erning landing,  inspection for Greenland halibut  of Article 10(1)(e ), and 
control measures for Cod in Division 3M  of Article 9a, if NAFO amends its measures in the 
future.  The prompt amendment of  these provisions is necessary  to allow Union vessels to fish 
on the  same fo oting as vessels of other NAFO Contracting Parties for every future fishing 
season s.  
EN 4  EN 2022/0035 (COD)  
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
amending Regulation (EU) 2019/833 laying down conservation and enforcement 
measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries 
Organisation  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty on the Functioning  of the European Union, and in particular 
Article 43(2)  thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national parliaments,  
Having regard to the opinion of the European Economic and Social Committee1, 
Acting in accordance with the ordinary legislative procedure,  
Whereas:  
(1) Regulation (EU) 2019/833 of the European Parliament and of the Council2 was 
adopted in order to implement  into Union law the most updated rules for conservati on 
and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic 
Fisheries Organisation (NAFO) . This Regulation was subsequently amended with the 
NAFO  measures adopted at its annual meetings in 2019 and 20203. 
(2) The NAFO subsequently adopted at its 4 3rd Annual Meeting in September 2021 a 
number of legally binding decisions for the conservation of fishery resources under it s 
purview as regards catch retention of ‘Others’ quota, port inspection of landings of 
Cod in Division  3M and of Greenland halibut, monitoring and reinforced provisions 
concerning infringement s and their enforcement.  
(3) Those decisions are addressed to the NAFO Contracting Parties  and also contain 
obligations for the operators. Following their entry into force on 2 December 20 21, 
NAFO Conservation and Enforcement Measures (CEM) are binding on all NAFO 
Contracting Parties. As regards the European Union, they are to be implemented  into 
Union law to the extent they are not already provided for by Union law.  
(4) Regulation (EU) 2019/833 should therefore be amended in order to apply these new 
NAFO  measures to the Union fishing vessels.  
                                                 
1 OJ C , , p. .  
2 Regulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down 
conservation and enforcement measure s applicable in the Regulatory Area of the Northwest Atlantic 
Fisheries Organisation, amending Regulation (EU) 2016/1627, and repealing Council Regulations (EC) 
No 2115/2005 and (EC) 1386/2007 (OJ L 141, 28.5.2019, p. 1).  
3 Regulation (EU) 2021/1231 of the  European Parliament and of the Council 14 July 2021 amending 
Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the 
Regulatory Area of the Northwest Atlantic Fisheries Organisation (OJ L 274, 30.7.2021, p. 32).  
EN 5  EN (5) Certain provisions of the CEM are likely to be amended at future NAFO Annual 
Meetings following  the introduction  of new technical measures in relation to changing 
stocks biomass and review of area restrictions for bottom fishing activities . Therefore, 
in order to implement  swiftly into Union law such future amendments to the CEM, 
before start of fishing season  , the power to adopt  acts in accordance with Article 290 
of the Treaty on the Functioning of the European Union should be delegated to the 
Commission in respect of the landing and inspection measures for Greenland halibut 
and control measures for Cod in D ivision 3M.  
(6) It is of particular importance that the Commission carries out appropriate consultations  
during its preparatory work, including at expert level, and that those consultations be 
conducted in accordance with the principles laid down in the Int erinstitutional 
Agreement of 13 April 2016 on Better Law -Making4. In particular, to ensure equal 
participation in the preparation of delegated acts, the European Parliament and the 
Council should receive all documents at the same time as Member States' exp erts, and 
their experts should systematically have access to meetings of Commission expert 
groups dealing with the preparation of delegated acts.  
(7) Regulation (EU) 2019/833 should therefore be amended accordingly,  
HAVE ADOPTED THIS REGULATION:  
Article 1  
Amendments to Regulation (EU) 2019/833  
Regulation (EU) 2019/833 is hereby amended as follows:  
(1) In Article 7(3) point (d) is replaced by the following:  
“(d) where a ban on fishing applies (moratoria) or, when the  “Others”  quota opened 
for that stock has been fully taken : 1 250 kg or 5  %, whichever is greater,  in regard to 
those Contracting Parties following their notification of  the use of the "Others" quota 
in accordance with Article 6 of this Regulation ;” 
(2) In Article 9a(1) , point (c) , the first sentence is replaced by the following :  
“each Member State shall inspect in its ports  at least 50% of the landings or 
transhipment of cod catches from Division 3M and prepare an inspection report in 
the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex 
to this Regulation, and send it to the NAFO Executive Secretary, with the 
Commission and EFCA in copy, within 12 working days from the date on which the 
inspection was completed.”.    
(3) In Article  10(1) , point (e) , the first sentence  is replaced by the following :  
“(e) each Member State shall inspect in its ports each landing of Greenland halibut, if 
the quantity of this stock on board represents either more than 5% of  the total catch 
or more than 2 500 kg  and prepare an  inspection report in the format prescribed in 
Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation, and 
send it to the NAFO Executive Secretary with the Commission and EFCA in copy, 
within 14 working days from the date on which the  inspection was completed. ”  
(4) In Article 29 , paragraph 1 is replaced by the following : 
                                                 
4 OJ L  123, 12.5.2016, p. 1.  
EN 6  EN “Each Member State shall, not later than 1 November each year, send the following 
information to EFCA (with the Commission in copy), which shall ensure that this 
information is transmitted to the NAFO Executive Secretary:  
(a) the contact information of the competent authority which shall act as the contact 
point for the purpose of immediate notification of infringements in the Regulatory 
Area, and any subsequent change s to this information, not less than 15 days before 
the change comes into effect;  
(b) the names of inspectors and inspector trainees and the name, radio call sign and 
communication contact information of each inspection platform it has assigned to the 
Sche me. It shall notify changes to the particulars so notified, whenever possible, not 
less than 60 days in advance. ” 
(5) In Article 3 5(1), point (g) is replaced by the following : 
“(g) fishing with an unauthorized mesh size, grid or grate bar spacing , or witho ut the 
use of sorting grids or grate s contrary to Article 13 or Article 14 ;”. 
(6) In Article 3 6(1) point ( d) is replaced by the following : 
“ensure that sanctions applicable in respect of infringements, and to the extent 
possible within domestic legislation  for repeated serious infringements, particularly 
those identified under Article 3 5(3)(c) (iii) and (iv)  are adequate in severity to be 
effective in securing compliance, deterring further infringements or their repetition 
and depriving the offenders of the  benefits accruing from the infringement.”  
(7) In Article 36(2) , points (e) and (f) are added:  
“(e) increased or additional reporting requirements; inter alia, enhanced reporting 
frequency or additional data to be reported; and  
(f) increased or additional monitoring requirements inter alia, deployment of an 
observer or an inspector on board or remote electronic monitoring  implemented in 
accordance with relevant technical specifications for fishing vessels  operating in 
NAFO .” 
(8) In Article 40(3) , the second sentence is replaced by the following:  
“The Commission shall transmit this information to the NAFO Executive Secretary .”  
(9) Article 50 , paragraph 2 is amended as follows:   
(a) point (c) is replaced by the following:  
“(c) procedures concerning vessels with more than 50 tonnes live weight total catch 
on board, entering the Regulatory Area to fish for Greenland halibut concerning the 
content of notifications provided for in points (a) and (b) of Article 10(2), and 
conditions for commencement of fishing provided for in point (d) of Article 10(2); as 
well as landing,  inspection provisions concerning G reenland halibut of Article 10(1 ), 
point (e) ;”,  
(b) the following  point  (l) is added : 
“(l) control measures for cod in Division 3M of Article 9a .” 
Article 2 
This Regulation shall enter into force on the  twentieth  day following that of its publication in 
the Official Journal of the European Union . 
EN 7  EN This Regulation shall be binding in its entirety and directly applicable in all Member  States.  
Done at Brussels,  
For the European Parliament  For the Council  
The President  The President