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
Date: 2022-02-16
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, North-West Atlantic Fisheries Organisation, conservation of fish stocks, fishing area, fishing controls, fishing rights, fishing vessel, international convention, sea fishing, ship's flag

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   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  
 
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  includes 
the NAFO editorial improvements and adapts the wording to the EU legal context. NAFO is 
the regional fisheries management organisation responsible for managing fishery resources in 
the  Northwest  Atlantic  under  its  purview.  NAFO’s  conservation  and  management  measures 
apply exclusively to the NAFO Regulatory  Area, the high seas, defined as the area that lies 
beyond  the  area  where  coastal  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 
enforcement 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  fishing  vessels  are  subject  to  Regional  Fisheries 
Management  Organisations  fishing  authorisations,  and  Council  Regulation  (EC)  No 
1005/2008  concerning  illegal  unreported  and  unregulated  fishing  providing  for  inclusion  of 
the NAFO Illegal, Unreported and Unregulated (IUU) list into the Union IUU vessels list. 

This proposal does not cover the EU’s fishing 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 allocation of fishing opportunities.   

• 

Consistency with other Union policies 

The proposal is consistent with other Union policies.  

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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 pursue 
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 this objective. 

• 

Choice of the instrument 

The instrument chosen amends Regulation (EU) 2019/833.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

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  2021.  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  standing  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 linked to regulatory fitness and simplification (REFIT). 

 • 

Fundamental rights 

This proposal has no impact on the protection of fundamental rights. 

 4. 

BUDGETARY IMPLICATIONS 

This proposal has no budgetary implications. 

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 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 “Others” quota, introducing flanking measures for Cod in 
Division  3M  in  relation  to  inspection  of  landings,  as  well  as  Greenland  halibut.  The 
amendments  also  include  revised  provisions  concerning  additional  procedures,  serious 
infringements in relation to use of mesh sizes, grid or grate, and reinforced measures relating 
follow-up  for  infringements,  as  well  as  transmission  of  documents  to  NAFO  and  European 
Fisheries Control Agency. 

The  proposal  also  delegates  to  the  Commission  powers  to  amend  the  Regulation  (EU)  
2019/833  concerning  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  footing  as  vessels  of  other  NAFO  Contracting  Parties  for  every  future  fishing 
seasons.  

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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) 

(2) 

(3) 

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 conservation 
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. 

The  NAFO  subsequently  adopted  at  its  43rd  Annual  Meeting  in  September  2021  a 
number of legally binding decisions for the conservation of fishery resources under its 
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 infringements and their enforcement. 

Those  decisions  are  addressed  to  the  NAFO  Contracting  Parties  and  also  contain 
obligations  for  the  operators.  Following  their  entry  into  force  on  2  December  2021, 
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 
2 

3 

OJ C , , p. . 
Regulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down 
conservation  and  enforcement  measures  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). 
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). 

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(5) 

(6) 

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 Division 3M.  

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  Interinstitutional 
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' experts, 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. 

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“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 changes 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 
Scheme. It shall notify changes to the particulars so notified, whenever possible, not 
less than 60 days in advance.” 

(5) 

In Article 35(1), point (g) is replaced by the following: 

“(g) fishing with an unauthorized mesh size, grid or grate bar spacing, or without the 
use of sorting grids or grates contrary to Article 13 or Article 14;”. 

(6) 

In Article 36(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  35(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 Greenland 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.” 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 2 

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This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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