Considerations on COM(2023)362 - Conservation, management and control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries - Main contents
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| dossier | COM(2023)362 - Conservation, management and control measures applicable in the area covered by the Convention on future multilateral ... |
|---|---|
| document | COM(2023)362 |
| date | June 30, 2023 |
(2) By Council Decision 98/392/EC3, the Union approved the United Nations Convention on the Law of the Sea. By Council Decision 98/414/EC4, the Union approved the Agreement for the Implementation of that Convention relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, which contain principles and rules with regard to the conservation and management of the living resources of the sea. In the framework of its wider international obligations, the Union takes part in efforts made in the high seas to conserve fish stocks.
(3) By Council Decision 81/608/EEC5, the European Economic Community approved the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (‘NEAFC Convention’), which established the North-East Atlantic Fisheries Commission (NEAFC). The 2004 and 2006 amendments to the NEAFC Convention were approved by Council Decision 2009/550/EC6. The amendments formally entered into force on 29 October 2013, although, in accordance with the 2005 Declaration on the Interpretation and Implementation of the Convention on the Future Multilateral Cooperation in North-East Atlantic Fisheries (the London Declaration), it was agreed to implement the amendments on a provisional basis from their adoption, pending their entry into force.
(4) The NEAFC Convention aims to ensure the long-term conservation and optimum utilisation of the fishery resources in the Convention Area, providing sustainable economic, environmental and social benefits. To that end, the NEAFC Commission has the authority to adopt legally binding decisions (‘recommendations’) for the conservation, management and control of fishery resources under its purview. These recommendations are essentially addressed to the NEAFC Contracting Parties, but also contain obligations for operators (e.g. masters of fishing vessels). Such measures may become binding upon the Union and, in the case of the Union, are to be implemented into Union law to the extent to which they are not already covered by Union law.
(5) NEAFC Recommendation 19:20147 establishes measures to protect vulnerable marine ecosystems by determining areas closed for bottom fishing, existing bottom fishing areas and the requirements for exploratory fishing. Certain parts of that Recommendation have been implemented into Union law by Regulation (EU) 2019/1241 of the European Parliament and of the Council8. It is therefore appropriate that this Regulation ensures full implementation into Union law of that Recommendation in its entirety.
(6) The NEAFC has also adopted recommendations 01:20239 and 04:202310 establishing closed areas for redfish in the Irminger Sea and for Rockall haddock. Those recommendations should be implemented in Union law.
(7) For certain fisheries, NEAFC was not in a position to adopt relevant recommendations, such as measures for redfish in ICES 1 and 2. Nevertheless, conservation measures should be adopted in line with the Union positions expressed in NEAFC to ensure conservation benefits for those stocks.
(8) The last implementation into Union law of control measures adopted by NEAFC was enacted by Regulation (EU) No 1236/201011. Since then, NEAFC has amended some measures that are already in force and adopted new measures that are not yet implemented into Union law. This relates in particular to control measures under the NEAFC Scheme of control and enforcement (the Scheme).
(9) The Scheme is a recommendation establishing control and enforcement measures applicable to vessels flying the flag of Contracting Parties and operating in the Regulatory Area, arrangements for inspection and surveillance procedures at sea in the NEAFC Regulatory Area, and procedures in case of infringement which must be implemented by the Contracting Parties. It includes certain control measures applicable to the Convention Area, covering waters under the jurisdiction of the NEAFC Contracting Parties, such as requirements on labelling for frozen fish. The Scheme also provides for a port state control system applicable to fishing vessels of NEAFC Contracting Parties carrying on board fishery resources from the Convention Area and intending to call ports of another Contracting Party. This system requires a prior notification from the operator, to be verified by the flag Contracting Party, before the port State grants the authorisation to land, tranship or make use of other port services.
(10) NEAFC Recommendation 19:201912 introduced an electronic reporting system (ERS) for the communication of data between the NEAFC Contracting Parties and the NEAFC Secretariat based on the FLUX UN/CEFACT standard for sustainable fisheries management. The introduction of this standard is associated with the entry into force of a new NEAFC Scheme of control and enforcement. It is necessary to implement this recommendation into Union law.
(11) In 2022, the Union, the Faroe Islands, Greenland, Iceland, Norway and the United Kingdom held consultations on control measures for certain pelagic fisheries in the North-East Atlantic. Those consultations were concluded in November 2022, on the basis of the Union position endorsed by the Council on 14 October 2022. The measures agreed in these consultations13 should be implemented into Union law. In accordance with the agreement of the Parties to these fisheries consultations, the application of certain measures should be deferred in order to provide for sufficient implementation time.
(12) Personal data processed in the framework of this Regulation should be treated in accordance with the applicable provisions of Regulations of the European Parliament and of the Council (EU) 2016/67914 and (EU) 2018/172515. In order to ensure the fulfilment of obligations under this Regulation, the personal data should be stored for no longer than 5 years after receiving the relevant data. In the event that the personal data in question are needed for the follow-up of complaints, infringements, judicial or administrative procedures, Member States and the Commission should be able to retain certain data until the end of the concerned administrative or judicial proceedings or the time needed for the application of sanctions. Moreover, safeguards in particular against misuse, including accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access should be laid down in accordance with the requirements set out in Regulations (EU) 2016/679 and 2018/1725 and in this Regulation.
(13) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on [date]16.
(14) In order to swiftly implement into Union law future NEAFC Recommendations amending or supplementing the ones referred to in this Regulation, power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of amending provisions concerning procedures for the notification of contact points, transmission of notifications and authorisations of fishing vessels, for the communications of transhipments, communications to the NEAFC Secretariat, global reporting of catch and fishing effort, notification of deployments of inspection vessels and aircrafts, notifications of infringements, surveillance procedures, and for the notification of infringements; requirements for stowage plans, list of regulated resources, vulnerable marine ecosystem (VME) indicator species, coordinates of the existing bottom fishing areas, technical measures applicable in the Regulatory Area; data elements of messages, production logbook, electronic fishing logbook and port of landing reports; data transmission formats, procedures for fisheries monitoring centers to manually validate messages; data elements for the notification of inspector and inspection platforms, surveillance activities and surveillance and sighting reports; inspection report templates, rules on the construction and use of boarding ladders, data elements of the notification of designation of ports and templates of the port state control forms. In order to swiftly implement into Union law future measures endorsed by the Union and other North East Atlantic coastal States in consultations relating to the control of certain pelagic fisheries, the power to adopt acts in accordance with Article 290 of the TFEU should also be delegated to the Commission in respect of amending provisions concerning restrictions for pelagic vessels on catch handling and discharge, derogations on the prohibition to use automatic grading equipment and move-on provisions.
(15) 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 on Better Law-Making of 13 April 201617. 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.
(16) The NEAFC conservation and management measures applicable in the Regulatory Area were last implemented into Union law by Council Regulation (EEC) No 1899/8518 and Annex XII to Regulation (EU) 2019/1241 of the European Parliament and of the Council19. In the interest of clarity, simplification and legal certainty, Article 5(h), Chapter VI and Annex XII to Regulation (EU) 2019/1241 are deleted and replaced by the provisions in this Regulation, and Council Regulation (EEC) No 1899/85. Council Regulation (EEC) No 1899/85 is repealed and replaced by the provisions in this Regulation.
(17) For the same reasons, Articles 54b and 54c of Council Regulation (EC) No 1224/200920 containing certain control measures for pelagic fisheries are deleted and replaced by the provisions in this Regulation.
(18) The NEAFC control measures were last implemented into Union law by Regulation (EU) No 1236/2010 of the European Parliament and of the Council21. Therefore, Regulation (EU) No 1236/2010 is repealed and replaced by this Regulation.