Considerations on COM(2022)51 - Amendment of Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

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dossier COM(2022)51 - Amendment of Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of ...
document COM(2022)51 EN
date October 19, 2022
 
table>(1)Regulation (EU) 2019/833 of the European Parliament and of the Council (3) was adopted in order to implement into Union law the most up-to-date rules for conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organization (NAFO). That Regulation was subsequently amended by Regulation (EU) 2021/1231 of the European Parliament and of the Council (4), in order to implement into Union law the NAFO measures adopted at its annual meetings in 2019 and 2020.
(2)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 for the ‘Others’ quota, port inspection of landings of cod in Division 3M and of Greenland halibut, and reinforced provisions on monitoring, infringements and enforcement (‘the NAFO decisions’).

(3)The NAFO decisions are addressed to the NAFO Contracting Parties, but also contain obligations for operators. Following their entry into force on 2 December 2021, NAFO conservation and enforcement measures (‘CEMs’) are binding on all NAFO Contracting Parties. Therefore, they are to be incorporated into Union law to the extent that they are not already provided for by Union law.

(4)Regulation (EU) 2019/833 should therefore be adapted in order to apply those new CEMs to Union fishing vessels.

(5)Certain provisions of the CEMs are likely to be amended at future NAFO annual meetings following the introduction of new technical measures in relation to changing stock biomass and a review of area restrictions for bottom-fishing activities. Therefore, in order to swiftly incorporate into Union law such future amendments to the CEMs, before the 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 landing and inspection measures for Greenland halibut and control measures for cod in Division 3M. It is of particular importance that the Commission carry 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-Making (5). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(6)Regulation (EU) 2019/833 should therefore be amended accordingly,