Transposition of Northwest Atlantic Fisheries Organization conservation and enforcement measures into EU law

 

SUMMARY OF:

Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the regulatory area of the Northwest Atlantic Fisheries Organisation

WHAT IS THE AIM OF THE REGULATION?

• It sets out in European Union (EU) law the rules for applying conservation and enforcement measures (CEMs) adopted by the Northwest Atlantic Fisheries Organization (NAFO), in order to ensure that they are implemented effectively and in the same way throughout the EU.
• It repeals Regulations (EC) Nos 2115/2005 and 1386/2007.
• It amends Regulation (EU) 2016/1627 on the multiannual recovery plan for bluefin tuna.

KEY POINTS

Scope

The regulation applies to:

• EU fishing vessels used or intended for use for commercial fishing activities conducted in the NAFO regulatory area (RA)*;
• activities by non-EU vessels under the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries in EU waters or territory.

Monitoring

• Under the vessel monitoring system, each fishing vessel operating in the RA must be equipped with a satellite-monitoring device capable of continuous automatic transmission of the vessel’s position to its land-based fishing monitoring centre at least once an hour.
• Each fishing vessel must have a fishing logbook, a production logbook and a stowage plan to record fishing activities in the RA.

Conservation and management

• No less than 10 days prior to the start of a fishery research period, EU Member States must inform the European Commission of all the research vessels flying its flag that are authorised to conduct research activities in the RA.
• Member States must immediately notify the Commission of the end of research activities by any fishing vessel temporarily engaged in research.
• The removal of shark fins on board vessels and the retaining on board, transhipping* or landing of shark fins fully detached from a carcass is prohibited.
• Vessels fishing in the RA must have equipment on board to retrieve lost fishing gear, make every reasonable effort to retrieve lost gear as soon as possible and not deliberately abandon gear, except for safety reasons.

Protection of vulnerable marine ecosystems

• Exploratory bottom-fishing activities are only allowed if they follow the conservation and management measures adopted by the NAFO Commission to prevent significant adverse impacts of exploratory fishing activities on vulnerable marine ecosystems.
• A scientific observer must be on board for the duration of the exploratory bottom-fishing activity.

Observer programme

• Each fishing vessel must carry at least one observer at all times while fishing in the RA.
• Fishing must not start until the observer is present on the vessel.
• Observers must be independent and impartial, and have the training, knowledge, skills and abilities to perform all of the specified duties, functions and requirements.

Joint inspection and surveillance scheme

• The European Fisheries Control Agency coordinates inspection and surveillance activities for the EU.
• It may set up joint operational inspection and surveillance programmes with the Member State concerned.
• Inspection and surveillance is carried out by inspectors assigned by the EU and notified to the agency through the joint programmes.

Conservation and enforcement measures

• Article 50 of Regulation (EU) 2019/833 requires the Commission to adopt delegated acts to supplement the regulation with certain CEMs which have already been adopted by NAFO and addressed to its contracting parties, and which include obligations on fisheries operators.
• Delegated Regulation (EU) 2020/124, which has applied since 9 February 2020, and its amended versions lay down these measures applicable in the NAFO RA and contain detailed rules concerning, for example:
  • the list of vulnerable marine ecosystem indicator species;
  • the vessel notification and authorisation formats;
  • the list of species;
  • the format of the catch report;
  • the format of the cancellation catch report;
  • the standardised observer report template;
  • the observer report; and
  • the inspection report.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 17 June 2019.

Article 53, amending Regulation (EU) 2016/1627, has applied since 21 June 2019.

BACKGROUND

• Common fisheries policy (European Commission)
• The international dimension of the EU common fisheries policy (European Commission).

KEY TERMS

MAIN DOCUMENT

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, pp. 1–41).

Successive amendments to Regulation (EU) 2019/833 have been incorporated in the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

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, pp. 11–13).

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 34I, 6.2.2020, pp. 1–78).

See consolidated version.

Council Decision 2010/717/EU of 8 November 2010 on the approval, on behalf of the European Union, of the Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (OJ L 321, 7.12.2010, pp. 1–19).

Convention on future Multilateral Cooperation in the North-West Atlantic fisheries (OJ L 378, 30.12.1978, pp. 2–29).

See consolidated version.

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).

last update 03.10.2022