Considerations on 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

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dossier COM(2023)108 - Amendment of Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of ...
document COM(2023)108 EN
date December 13, 2023
 
(1) Regulation (EU) 2019/833 of the European Parliament and of the Council 2  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 2021 3 .

(2) 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.

(3) 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.

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

(5) 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.

(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-Making 4 . 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.