Date: 2023-06-06Category: Not ApplicableState: Union GovernmentCountry: Europe
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)
Issued by European Commission
· Directorate-General for Maritime Affairs and Fisheries
Executive Summary:
Commission Delegated Regulation (EU) 2023/1090 amends Regulation (EU) 2019/833 and Delegated Regulation (EU) 2020/124 regarding conservation and enforcement measures by the Northwest Atlantic Fisheries Organisation (NAFO). These amendments incorporate changes adopted at NAFO's 2022 annual meeting, including research vessel restrictions, control measures for cod landings, and fishing logbook updates. The regulation entered into force on the third day following its publication in the Official Journal of the European Union.
Key Points / Main Content:
Research Vessel Restrictions:
* Limits are set for research vessels taking cod (15 tonnes) and shrimp (10 tonnes) from Division 3M, with catches exceeding these amounts counted against the vessel's flag Member State allocation.
* If a Member State's allocation for cod from Division 3M is exhausted, further research activities by its vessels must cease.
Control Measures for Landings/Transhipments of Cod Catches:
* The rate of inspections for landings or transhipments shall be conducted at a rate of at least 50 when the total NAFO quota for cod in Division 3M in fishing opportunities is under 6 000tonnes, and at least 25 when the total NAFO quota for cod in Division 3M in fishing opportunities is between 6 000 and 12 000tonnes.
Fishing Logbook Updates:
* Point 30, item 15 in the Annex is replaced with: "Was a trial tow conducted in accordance with Article 6.6biii or Article 6.10 of the CEM Y/N"
Observer Programme Reporting:
* Provisions concerning observer programme reporting were deleted.
Impact Analysis:
European Union Member States:
* Impact: Member States are bound by the updated conservation and enforcement measures within the NAFO Regulatory Area.
* Action Required: Member States must implement the changes to research vessel restrictions, landing/transhipment inspection rates, and fishing logbook requirements.
EU Fishing Vessels:
* Impact: Fishing vessels operating in the NAFO Regulatory Area are subject to the updated rules, particularly those related to cod and shrimp catches, and fishing logbook reporting.
* Action Required: Vessels must adhere to the new catch limits for research activities, comply with inspection protocols, and update fishing logbooks as required.
European Commission:
* Impact: The Commission is responsible for ensuring that EU law aligns with NAFO conservation and enforcement measures.
* Action Required: The Commission is required to monitor and enforce the updated regulations within the EU.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Parliament: One of the legislative bodies of the European Union.
Council of the European Union: A legislative body of the European Union consisting of government ministers from each member state.
Northwest Atlantic Fisheries Organisation (NAFO): An intergovernmental fisheries science and management body. The policy text discusses regulations related to conservation and enforcement measures within the NAFO Regulatory Area.
Commission Delegated Regulation EU 2020/124: A European Union regulation supplementing Regulation EU 2019/833 with NAFO conservation and enforcement measures.
Regulation EU 2019/833: A European Union regulation laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation.
Division 3M: A division within the Northwest Atlantic Fisheries Organisation (NAFO) regulatory area, specifically referenced concerning cod and shrimp catches.
Brussels: The location where the regulation was adopted.
6.6.2023 EN Official Journal of the European Union L 146/3
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)
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 2019laying 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 EU 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 EU law.
(3) Commission Delegated Regulation (EU) 2020/124(3) supplemented Regulation (EU) 2019/833 with a number of
NAFO conservation and enforcement measures.
(4) Commission Delegated Regulation (EU) 2020/989(4) amended Delegated Regulation (EU) 2020/124 with NAFO
measures adopted at its 2019 annual meeting.
(5) Commission Delegated Regulation (EU) 2021/860(5) amended Delegated Regulation (EU) 2020/124 with NAFO
measures 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 measures adopted at its 2019 and 2020 annual meetings.
(7) Commission Delegated Regulation (EU) 2022/1281(7)amended Delegated Regulation (EU) 2020/124 with NAFO
measures adopted at its 2021 annual meeting.
(1) OJ L 141, 28.5.2019, p. 1.
(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).
(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).
(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).
(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).
(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).
(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).L 146/4 EN Official Journal of the European Union 6.6.2023
(8) Regulation (EU) 2022/2037 of the European Parliament and of the Council(8)amended Regulation (EU) 2019/833
with NAFO measures adopted at its 2021 annual meeting.
(9) At its annual meeting in September 2022, the NAFO amended its CEM with updates of research vessel restrictions,
control measures for landings or transhipments of cod catches from Division 3M, deleting provisions concerning
observer programme reporting, and adding a cross reference in the fishing logbook.
(10) 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 hereby amended as follows:
(1) in Article 4(1), the following points (c) and (d) are inserted:
‘(c) take cod from Division 3M in excess of 15 tonnes of Union catches in a calendar year. Should a research vessel’s
catch exceed this amount, the excess shall be counted against the allocation to the vessel’s flag Member State.
Furthermore, if the allocation to the Member State for cod from Division 3M is exhausted, that Member State shall
not authorize its vessels to undertake further research activities. Any research activities underway shall be stopped
by the flag Member State as soon as 15 tonnes have been caught by the Union; or
(d) take shrimp from Division 3M in excess of 10 tonnes of Union catches in a calendar year. The relevant Member
State shall stop research activities on shrimp from Division 3M once 10 tonnes have been caught by the Union.’;
(2) in Article 4, paragraph 1a is deleted;
(3) in Article 9a point (1)(c), the following sentence is added:
‘Inspections of landings or transhipments shall be conducted at a rate of:
(i) at least 50 % when the total NAFO quota for cod in Division 3M in fishing opportunities is under 6 000tonnes,
and
(ii) at least 25 % when the total NAFO quota for cod in Division 3M in fishing opportunities is between 6 000 and
12 000tonnes.’;
(4) in Article 27(7), point (a) is deleted.
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.
(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).6.6.2023 EN Official Journal of the European Union L 146/5
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 January 2023.
For the Commission
The President
Ursula VON DER LEYENL 146/6 EN Official Journal of the European Union 6.6.2023
ANNEX
In the Annex, point 30, item (15) is replaced by the following:
‘(15) Was a trial tow conducted in accordance with Article 6.6(b)(iii) or Article 6.10 of the CEM? (Y/N)’