Regulation (EU) 2023/2857 of the European Parliament and of the Council of 13 December 2023 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 Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) Regulation (EU) 2019/833 of the European Parliament and of the Council (3) implemented into Union law the most up-to-date rules for conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (NAFO). That Regulation was subsequently amended by Regulations (EU) 2021/1231 (4) and (EU) 2022/2037 (5) of the European Parliament and of the Council, in order to implement into Union law the measures adopted by NAFO at its annual meetings in 2019, 2020 and 2021.

(2) At its 44th Annual Meeting in September 2022, NAFO adopted a number of legally binding measures for the conservation of fishery resources under its purview as regards new duties of flag States relating to the submission of research plans, 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 NAFO Division closures, prohibition of landing, transhipment and retention on board of Greenland shark (Somniosus microcephalus) and the cross-listing of vessels carrying out illegal, unreported and unregulated (IUU) fishing from other regional fisheries management organisations.

(3) Those measures are addressed to 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 Union, they are to be implemented into Union law to the extent that they are not already provided for therein.

(4) Regulation (EU) 2019/833 should therefore be amended in order to implement those new CEM into Union law.

(5) Certain provisions of the CEM are likely to be amended at future NAFO annual meetings following the introduction of new measures relating 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 relating to the submission of research plans and in respect of vessel requirements to carry out research activities. 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 (6). 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,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) 2019/833

Regulation (EU) 2019/833 is amended as follows:

(3) in Article 8, the following paragraph is added: ‘5.   Upon its first entrance into a Division on a fishing trip, a vessel may undertake one trial tow for up to a maximum duration of three hours. If the stocks subjected to by-catch limits form the largest percentage, by weight, of the total resultant catch in the haul, this shall not be considered as a directed fishery for those stocks, and the vessel shall immediately change position in accordance with paragraph 1, point (b). Vessels shall identify any trial tow conducted in accordance with this paragraph and shall record in the fishing logbook the coordinates pertaining to the start and end locations of any trial tow conducted.’

(4) in Article 12, paragraph 9 is replaced by the following: ‘9.   It shall be prohibited to conduct a directed fishery for retaining, transshipping or landing part or whole of a Greenland shark (Somniosus microcephalus) in the Regulatory Area.’

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.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 13 December 2023.

For the European Parliament The President R. METSOLA

For the Council The President P. NAVARRO RÍOS

(1) OJ C 293, 18.8.2023, p. 144.

(2) Position of the European Parliament of 9 November 2023 (not yet published in the Official Journal) and decision of the Council of 27 November 2023.

(3) 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) No 1386/2007 (OJ L 141, 28.5.2019, p. 1).

(4) Regulation (EU) 2021/1231 of the European Parliament and of the Council of 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).

(5) Regulation (EU) 2022/2037 of the European Parliament and of the Council of 19 October 2022 amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (OJ L 275, 25.10.2022, p. 11).

(6) OJ L 123, 12.5.2016, p. 1.