CELEX: 52022PC0051
Language: en
Date: 2022-02-16
Title: 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

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                                                                                 EN
 ---pagebreak---                                 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.
EN                                                 1                                                 EN
 ---pagebreak---    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           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 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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 ---pagebreak---     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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 ---pagebreak---                                                                 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 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.
   (2)     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.
   (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 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
           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 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).
   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                                                       4                                                    EN
 ---pagebreak---    (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 Division 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 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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 ---pagebreak---             “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.”
                                                 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.
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 ---pagebreak---    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
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