Explanatory Memorandum to COM(2023)108 - Amendment of Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)108 - Amendment of Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of ... |
|---|---|
| source | COM(2023)108  |
| date | 03-03-2023 |
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.
• 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 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.
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.