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: 2023-03-03
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, North-West Atlantic Fisheries Organisation, conservation of fish stocks, fishery research, fishing area, fishing rights, fishing vessel, illegal fishing, sea fishing, ship's flag

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 3.3.2023  COM(2023) 108 final 2023/0056 (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  conservation  and 
enforcement measures  adopted by the Northwest Atlantic Fisheries Organisation (NAFO) at 
its  annual  meeting  in  September  2022.  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  and  was  amended  in  2021  and  2022  to  implement  the  measures 
adopted by NAFO in 2019, 2020 and 2021. This proposal covers the amendments adopted by 
NAFO at its annual meeting in September 2022. Those amendments entered into force on 1 
December 2022 and apply from that date. 

• 

Consistency with existing 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,  which  provides  that  the  Union  conducts  its  external  fisheries  in 
accordance with  its international  obligations and  bases  the  EU fishing  activities on regional 
fisheries cooperation. 

The  proposal  complements  both  Regulation  (EU)  2017/2403  concerning  the  external  fleet 
management,  which  provides  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,  which  provides  for  the 
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.  

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. 

EN 

1 

  EN 

• 

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 conservation and enforcement measures adopted at the NAFO annual meeting 
of  September  2022.  EU  Member  States  national  experts  and  industry  representatives  were 
consulted both during the run-up to the NAFO annual meeting at which these measures were 
adopted and during the NAFO negotiations.   

• 

Collection and use of expertise 

This proposal implements into Union law NAFO the conservation and enforcement 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  the  NAFO  conservation  and 
enforcement 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. 

EN 

2 

  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  conservation and enforcement  measures  adopted at  the NAFO 
annual meeting of September 2022 concerning: (i) new duties of flag Member States related 
to the submission of research plans and vessels requirements for the participation in research 
activities;  (ii)  regulation  of  trial  tow  upon  first  entry  into  a  Division  on  a  fishing  trip;  (iii) 
adjustments  for  redfish  3M  closures;  (iv)  the  prohibition  of  landing,  transhipment  and 
retention  on  board  of  Greenland  shark;  and  (v)  the  cross-listing  of  IUU  vessels  from  other 
regional fisheries management organisations. 

The proposal also delegates to the Commission powers to amend Regulation (EU) 2019/833 
concerning the duties of Member States related to the submission of research plans and vessel 
requirements  to  carry  out  research  activities,  if  NAFO  amends  such  measures  in  the  future. 
The  prompt  implementation  of  these  provisions  in  Union  law  is  necessary  to  put  Union 
vessels  on  the  same  footing  as  vessels  of  other  NAFO  Contracting  Parties  in  future  fishing 
seasons. 

EN 

3 

  EN 

 
2023/0056 (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) 

1 
2 

3 

Regulation  (EU)  2019/833  of  the  European  Parliament  and  of  the  Council2 
implemented 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  in  order  to 
implement  the  NAFO  measures  adopted  at  its  annual  meetings  in  2019,  2020  and 
20213. 

The  NAFO  subsequently  adopted  at  its  44th  Annual  Meeting  in  September  2022  a 
number of legally binding measures for the conservation of fishery resources under its 
purview  as  regards  new  duties  of  flag  Member  States  related  to  the  submission  of 
research plans and vessel requirements to carry out research activities, the regulation 
of trial  tow upon first  entry into a Division  on a fishing trip,  adjustments for redfish 
3M closures, prohibition of landing, transhipment and retention on board of Greenland 
shark and the cross-listing of illegal,  unreported and unregulated (IUU)  vessels  from 
other regional fisheries management organisations. 

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), 
Regulation  (EU)  2022/2037  of  the  European  Parliament  and  of  the  Council  of  19  October  2022 
amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in 
the Regulatory Area of the Northwest Atlantic Fisheries Organisation (OJ L 275, 25.10.2022 p.11). 

EN 

4 

  EN 

                                                 
(3) 

(4) 

(5) 

(6) 

Those  measures  are  addressed  to  the  NAFO  Contracting  Parties  and  also  contain 
obligations for operators. Following their entry into force on 1 December 2022, 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. 

Regulation  (EU) 2019/833 should therefore be  amended  in  order  to  implement these 
new NAFO measures. 

Certain  provisions  of  the  CEM  are  likely  to  be  amended  at  future  NAFO  Annual 
Meetings following the introduction of new measures in relation to fisheries research 
plans.  In  order  to  implement  swiftly  into  Union  law  such  future  amendments  to  the 
CEM,  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  Member  State  duties  related  to  the  submission  of  research  plans  and  vessel 
requirements to carry out research activities. 

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 4, paragraph (2) is replaced by the following: 

“2. The flag Member State shall: 

(a)  by  electronic  transmission  in  the  format  prescribed  in  Annex  II.C  to  the  CEM 
referred  to  in  point  5  of  the  Annex  to  this  Regulation,  and  prior  to  the 
commencement  of  the  research,  notify  the  Commission  of  all  research  vessels 
entitled  to  fly  its  flag  that  are  authorised  to  conduct  research  activities  in  the 
Regulatory Area; 

(b) provide the Commission with a research plan for all vessels entitled to fly its flag 
that are authorised to conduct research activities in the Regulatory Area, no less then 
forty days in advance of the June NAFO Scientific Council meeting, in the cases of 
non-recurrent  new  surveys  and  research  activities  and  where  catches  retained  on 
board during research activities are intended for marketing. In other cases a research 
plan  shall  be  provided  no  less  than  ten  days  prior  to  the  commencement  of  the 
research;  

4 

OJ L 123, 12.5.2016, p. 1. 

EN 

5 

  EN 

                                                 
(c) ensure that a research plan of surveys conducted in the Regulatory Area targeting 
stocks  subject  to  fishing  opportunities  shall  contain  at  a  minimum  the  following 
information: 

(i) 

(ii)  

(iii) 

(iv) 

(v) 

vessel identification,  

purpose, 

summary of scientific methods or procedures,  

location and dates of the research activity,  

the name of the principal investigator,  

(vi)  whether any catches retained on board will be marketed,  

total estimated research catch of the survey target species and whether 

(vii) 
an observer with sufficient scientific expertise will be on board,  

information  on  when  the  research  results  will  be  presented  to  the 

(viii) 
NAFO  Scientific Council,  

(ix)  where  relevant,  any  requests  to  derogate  from  the  provisions  in  this 
 point, and  

where  relevant,  indication  that  the  activity  constitutes  a  non-recurrent 

(x) 
new survey or research; and  

(d)  notify  the  Commission  immediately  of  the  commencement  and  termination  of 
research  activities  by  vessels  temporarily  employed  in  research,  including  during 
fishing trips in which both commercial and research activities take place.” 

(2) 

In Article 4, paragraph (3) is replaced by the following: 

“3. Vessels engaged in research shall: 

(a) 

(b) 

keep  on  board  a  copy  of  the  research  plan  and  any  changes  thereof  in  the 
English language at all times, and 

for  surveys  conducted  in  the  Regulatory  Area  targeting  stocks  subject  to 
fishing opportunities, stow catches taken in research activities separately with 
netting, plywood, boxes or other means from all other catches taken in fishing 
trips in which both commercial and research activities are carried out, and the 
location  of  the  catches  taken  in  research  activities  shall  be  indicated  in  the 
stowage plan.” 

(3) 

In Article 4, paragraph (4) is replaced by the following: 

“4.  Unless  otherwise  supported  by  the  opinion  of  the  NAFO  Scientific  Council, 
research  vessels  conducting  surveys  conducted  in  the  Regulatory  Area  targeting 
stocks subject to fishing opportunities and retaining on board catches obtained during 
such research activities with the purpose of marketing these catches shall: 

(a)   comply  with  the  recording  and  reporting  requirements  in  Chapter  V  of  this 

(b) 

(c) 

Regulation,  

have an observer with sufficient expertise on board,  

count  these  catches  against  the  Member  State’s  relevant  quota  and  fishing 
effort limitations set out in fishing opportunities.” 

(4) 

In Article 4, paragraph (5) is replaced by the following: 

EN 

6 

  EN 

 
 
“5. Unless otherwise provided in this Regulation or CEM, research vessels shall not 
be restricted by conservation and management  measures pertaining to  the taking of 
fish  in  the  Regulatory  Area,  in  particular,  mesh  size,  size  limits,  closed  areas  and 
seasons.” 

(5) 

In Article 4, paragraph (6) is replaced by the following: 

“6. The Commission shall forward the information notified by flag Member States in 
accordance with paragraph 2 to the NAFO Executive Secretary without delay.” 

(6) 

In Article 6, paragraph (1), point (e) is replaced by the following: 

“(e) close its redfish fishery in Division 3M at 24:00 UTC of the day the accumulated 
reported catch is estimated to reach 100% of the TAC of redfish in Division 3M, as 
notified in accordance with paragraph 3;” 

(7) 

In Article 8, paragraph (5) is added: 

“5. Upon its first entrance into a Division on a fishing trip, a vessel may undertake 
one  trial  tow  for  up  to  a  maximum  duration  of  3  hours.  If  the  stocks  subjected  to 
bycatch limits form the largest percentage, by weight, of the total resultant catch in 
the haul,  this shall not be considered  as  a directed fishery  for those stocks, and the 
vessel must immediately change position in accordance with provisions of paragraph 
1(b). Vessels must identify any trial tow conducted in accordance with this paragraph 
and  record  in  the  fishing  logbook  the  coordinates  pertaining  to  the  start  and  end 
locations of any trial tow conducted.” 

(8) 

In Article 12, paragraph (9) is replaced by the following: 

“9. It shall be prohibited to conduct directed fishing for, retaining, transshipping, or 
landing  part  or  whole  of  a  Greenland  shark  (Somniosus  microcephalus)  in  the 
Regulatory Area.” 

(9) 

In Article 44, point (c) is replaced by the following:  

“(c)  included  in  the  IUU  list  of  the  Commission  for  the  Conservation  of  Antarctic 
Marine Living Resources5, the Commission for the Conservation of Southern Bluefin 
Tuna,6 
International 
Commission  for  the  Conservation  of  Atlantic  Tunas8,  the  Indian  Ocean  Tuna 
Commission,9 the General Fisheries Commission for the Mediterranean10, the North 

Inter-American  Tropical  Tuna  Commission7, 

the 

the 

5 

6 

7 

8 

9 

10 

The  Convention on the Conservation of  Antarctic Marine  Living  Resources drawn  up in Canberra 20 
May 1980 and entered into force on 7 April 1982 (OJ L 252, 5.9.1981, p. 26). 
The Convention for the Conservation of Southern Bluefin Tuna done in Canberra on 10 May 1993 and 
entered into force on 20 May 1994 (OJ L 336, 23.12.2015, p. 27). 
The Convention for the strengthening of the Inter-American Tropical Tuna Commission established by 
the  1949 Convention between the United States of  America  and the Republic of Costa Rica  (Antigua 
Convention) done in Washington 14 November 2003  and entered into force on 27 August 2010 (OJ L 
224, 16.8.2006, p. 22). 
The  International Convention for the Conservation of Atlantic Tunas signed in Paris on 10 July 1984 
and entered into force on 9 January 1997 (OJ L 162, 18.6.1986, p. 34). 
The  Agreement  for  the  establishment  of  the  Indian  Ocean  Tuna  Commission  signed  in  Rome  25 
November 1993 and entered into force on 27 March 1996 (OJ L 236, 5.10.1995, p. 25). 
Agreement establishing the General Fisheries Commission for the Mediterranean originally formulated 
at Rome 24 September 1949 and entered into force on 20 February 1952 (OJ L 190, 4.7.98, p. 37). 

EN 

7 

  EN 

                                                 
East Atlantic Fisheries Commission11, the North Pacific Fisheries Commission12, the 
South  East  Atlantic  Fisheries  Organisation13,  the  Southern  Indian  Ocean  Fisheries 
Agreement14,  the  South  Pacific  Regional  Fisheries  Management  Organisation15 and 
the Western and Central Pacific Fisheries Commission16.” 

(10) 

In Article 50, paragraph 2, point (m) is added: 

“(m) flag Member State duties in relation to research plans of Article 4(2);” 

(11) 

In Article 50, paragraph 2, point (n) is added: 

“(n) requirements for vessels engaged in the research of Article 4(3), (4), and (5).” 

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 

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 

11 

12 

13 

14 

15 

16 

The  Convention  on  future  multilateral  cooperation  in  the  North-East  Atlantic  Fisheries  signed  in 
London  on  18  November  1980  and  entered  into  force  on  17  March  1982  to  which  European 
Community acceded on 13 July 1981 (OJ L227, 12.8.1981, p.22). 
The Convention on the Conservation and Management of High Seas Fisheries Resources in the North 
Pacific  Ocean  done  at  tokyo  24  February  2012  and  entered  into  force  on  19  July  2015  (OJ  L  55, 
28.2.2022, p. 14). 
The Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic 
Ocean done at Windhoek, Namibia, 20 April 2001 and entered into force on 13 April 2003 (OJ L 234, 
31.8.2002, p. 40). 
The Southern Indian Ocean Fisheries Agreement (SIOFA) signed in Rome the 7 July 2016 and entered 
into force on 21 June 2012 (OJ L 196, 18.7.2006, p. 5 and OJ L 76 M, 16.3.2007, p. 78). 
The  Convention  on  the  Conservation  and  Management  of  High  Seas  Fishery  Resources  in  the  South 
Pacific Ocean done at Auckland on 14 November 2009 and entered into force on 24 August 2012 (OJ L 
67, 6.3.2012, p. 1). 
The Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western 
and  Central  Pacific  Ocean  done  at  Honolulu  on  5  September  2000  and  entered  into  force  on  19 June 
2004 (OJ L 32, 4.2.2005, p. 1). 

EN 

8 

  EN