Official Journal |
EN Series L |
2024/636 |
21.2.2024 |
COMMISSION DELEGATED REGULATION (EU) 2024/636
of 13 December 2023
amending Regulation (EU) 2019/833 of the European Parliament and of the Council, and Commission Delegated Regulation (EU) 2020/124 as regards certain provisions of, and Annexes to the conservation and enforcement measures to the Northwest Atlantic Fisheries Organisation (NAFO)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 50(1) and (2) thereof,
Whereas:
(1) |
The Union is party to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (the NAFO Convention), approved by Council Regulation (EEC) No 3179/78 (2). |
(2) |
The European Parliament and the Council adopted Regulation (EU) 2019/833 in order to implement the NAFO conservation and enforcement measures (‘CEM’) into Union law. |
(3) |
Commission Delegated Regulation (EU) 2020/124 (3) supplemented Regulation (EU) 2019/833 with a number of NAFO CEM. |
(4) |
Commission Delegated Regulation (EU) 2020/989 (4) amended Delegated Regulation (EU) 2020/124 with NAFO CEM adopted at its 2019 annual meeting. |
(5) |
Commission Delegated Regulation (EU) 2021/860 (5) amended Delegated Regulation (EU) 2020/124 with NAFO CEM adopted at its 2020 annual meeting. |
(6) |
Regulation (EU) 2021/1231 of the European Parliament and of the Council (6) amended Regulation (EU) 2019/833 with NAFO CEM adopted at its 2019 and 2020 annual meetings. |
(7) |
Commission Delegated Regulation (EU) 2022/1281 (7) amended Delegated Regulation (EU) 2020/124 with NAFO CEM adopted at its 2021 annual meeting. |
(8) |
Regulation (EU) 2022/2037 of the European Parliament and of the Council (8), amended Regulation (EU) 2019/833 with NAFO CEM adopted at its 2021 annual meeting. |
(9) |
Commission Delegated Regulation (EU) 2023/1090 (9) amended Regulation (EU) 2019/833 and Delegated Regulation (EU) 2020/124 with NAFO measures adopted at its 2022 annual meeting. |
(10) |
At its annual meeting in September 2023, the NAFO amended its CEM with the extension of closures periods for the current vulnerable marine ecosystems, the introduction of changes to the rules related to the timeframes for submission by Member States of observer trip reports as well as changes to the list of duties of observers. NAFO also updated the format of the observer trip reports, catch report formats and the format of the daily observer report. |
(11) |
These changes should also be implemented into Union law. Therefore, Regulation (EU) 2019/833 and Delegated Regulation (EU) 2020/124 should be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) 2019/833 is amended as follows:
(1) |
Article 18 is amended as follows:
|
(2) |
Article 27 is amended as follows:
|
Article 2
The Annex to Delegated Regulation (EU) 2020/124 is amended in accordance with the Annex to this Regulation.
Article 3
This Regulation shall enter into force on the third 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 Brussels, 13 December 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 141, 28.5.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/833/oj.
(2) Council Regulation (EEC) No 3179/78 of 28 December 1978 concerning the conclusion by the European Economic Community of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (OJ L 378, 30.12.1978, p. 1, ELI: http://data.europa.eu/eli/reg/1978/3179/oj).
(3) Commission Delegated Regulation (EU) 2020/124 of 15 October 2019 supplementing Regulation (EU) 2019/833 of the European Parliament and of the Council laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (OJ L 34, 6.2.2020, p. 1, ELI: http://data.europa.eu/eli/reg_del/2020/124/oj).
(4) Commission Delegated Regulation (EU) 2020/989 of 27 April 2020 amending Delegated Regulation (EU) 2020/124 as regards certain provisions of, and Annexes to, the conservation and enforcement measures of the Northwest Atlantic Fisheries Organisation (NAFO) (OJ L 221, 10.7.2020, p. 5, ELI: http://data.europa.eu/eli/reg_del/2020/989/oj).
(5) Commission Delegated Regulation (EU) 2021/860 of 23 March 2021 amending Delegated Regulation (EU) 2020/124 as regards Annex to the conservation and enforcement measures of the Northwest Atlantic Fisheries Organisation (NAFO) (OJ L 190, 31.5.2021, p. 19, ELI: http://data.europa.eu/eli/reg_del/2021/860/oj).
(6) 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, ELI: http://data.europa.eu/eli/reg/2021/1231/oj).
(7) Commission Delegated Regulation (EU) 2022/1281 of 4 March 2022 amending Regulation (EU) 2019/833 of the European Parliament and of the Council, and Commission Delegated Regulation (EU) 2020/124 as regards certain provisions of, and Annexes to, the conservation and enforcement measures of the Northwest Atlantic Fisheries Organisation (NAFO) (OJ L 195, 22.7.2022, p. 21, ELI: http://data.europa.eu/eli/reg_del/2022/1281/oj).
(8) 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, ELI: http://data.europa.eu/eli/reg/2022/2037/oj).
(9) Commission Delegated Regulation (EU) 2023/1090 of 24 January 2023 amending Regulation (EU) 2019/833 of the European Parliament and of the Council, and Commission Delegated Regulation (EU) 2020/124 as regards certain provisions of the conservation and enforcement measures of the Northwest Atlantic Fisheries Organisation (NAFO) (OJ L 146, 6.6.2023, p. 3, ELI: http://data.europa.eu/eli/reg_del/2023/1090/oj).
ANNEX
The Annex to Delegated Regulation (EU) 2020/124 is amended as follows:
(1) |
point 3 heading is replaced by the following: ‘Part VI of Annex I.E to the CEM referred to in point 21 of Article 3, in Article 21(2) and in point (a) of Article 27(11)’; |
(2) |
point 18 is replaced by the following: ‘ Figure 5 of CEM referred to in Article 18(3) of Regulation (EU) 2019/833: Polygons delineating Vulnerable Marine Ecosystems Area Closures
Legend: Areas closed to bottom fishing until 31 December 2026 NAFO Divisions EEZ boundary Depth contour’; |
(3) |
in point 19, the following rows 7a, 11a, 14a and 14b are inserted after rows 7, 11 and 14 respectively:
|
(4) |
in point 31, the table in section C on the format for electronic exchange of fisheries monitoring information (The North Atlantic Format) is replaced by the following: ‘C. Format for electronic exchange of fisheries monitoring information (The North Atlantic Format)
|
(5) |
in point 35, the Standardised Observer Report Template is replaced by the following: ‘Standardised Observer Report Template 1.1. Annex II.M Standardised Observer Trip Report information Part 1. A Fishing Vessel – Fishing Trip and Observer Information
Part 1.B Fishing Gear Information
Part 2. Catch and effort information by fishing operation
Part 3. Trip Observations
Part 4. Effort and Catch Summary (8) 4A. Effort Summary
4B. Catch Summary
4C. Average unit weight verifications
4D. Verification of labelling
Part 5. Data for Each Greenland Shark Caught per Fishing Operation (9)
Part 6. Length Frequency Form (12)
|
(6) |
in point 36:
|
(7) |
point 46 is deleted. |
(1) The plus sign (+) does not need to be transmitted; leading zeros can be omitted.’;
(2) Data at the time when gear first enters the water.
(3) Data at the time gear is fully set.
(4) Data at the time of the start of gear retrieval.
(5) Data at the time gear is fully retrieved and onboard vessel.
(6) Decimal hours. In the case of trawl fisheries, the time from the end of setting to the start of gear retrieval. In any other case, the time from the start of gear setting to the end of retrieval.
(7) Including VMEs indicators.
(8) Based on the information provided in Part 2.
(*1) As per CEM Article 5.2.
(*2) In the case of trawl fisheries, fishing time is the time from the end of setting to the start of gear retrieval. In any other case, fishing time is the time from the start of gear setting to the end of retrieval. Summed haul duration for all hauls in the listed division, by gear type and directed species
(*3) As per CEM Article 1.6.
(9) Data collection on Greenland sharks shall be carried out minimising the damage to the sampled individuals.
(10) JM: Juvenile male, AM: Adult male, M: Male maturity unknown, F: Female, U: sex and maturity unknown.
(11) Indicate at least one of the following catch disposition, as applicable: A: alive, D: dead, UI: uninjured, I: injured, M: moribund, U: unknown.
(12) To be filled in based on scientific data collection instructions.
(13) Only to be transmitted if relevant.
(14) “Yes” if the observer confirms the Logbook entries have been made in accordance with the CEMs.
(15) “Yes” if the observer confirms the reports required under Article 13.12, 13.13, and 28.6 have been transmitted in accordance with the CEMs.
(16) “Yes” if the observer detects any potential non-compliance with the CEMs.
(17) Mandatory if “LB” = “No”, or “HA” = “No”, or “AF” = “Yes”.
(18) Discarded undersized catch reported in the US field should also be included in the quantities expressed in the Discarding (RJ) field.’;
ELI: http://data.europa.eu/eli/reg_del/2024/636/oj
ISSN 1977-0677 (electronic edition)