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
Regulation (EU) 2021/1231 of the European Parliament and of the Councilof 14 July 2021amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries OrganisationTHE 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 CommitteeOJ C 429, 11.12.2020, p. 279.,Acting in accordance with the ordinary legislative procedurePosition of the European Parliament of 23 June 2021 (not yet published in the Official Journal) and decision of the Council of 13 July 2021.,Whereas:(1)Since the adoption of Regulation (EU) 2019/833 of the European Parliament and of the CouncilRegulation (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)., the Northwest Atlantic Fisheries Organization (NAFO) adopted at its 41st and 42nd annual meetings, in 2019 and 2020 respectively, a number of legally binding decisions for the conservation of fishery resources under its purview.(2)Those decisions are addressed to the NAFO Contracting Parties, but also contain obligations for the operators (for example the master of the vessel). New NAFO conservation and enforcement measures (CEM) that are binding on all NAFO Contracting Parties have entered into force. They are to be incorporated into Union law to the extent that they are not already provided for by Union law.(3)Regulation (EU) 2019/833 should therefore be adapted in order to apply NAFO mesh measurement norms, to introduce the definition of "fishing vessel" used by NAFO so as to allow the Union control and enforcement authorities to work in line with other NAFO Contracting Parties, and to improve the information flow between the Member States’ authorities, the Commission and the NAFO Executive Secretary.(4)In accordance with Article 3 of Regulation (EU) 2019/473 of the European Parliament and of the CouncilRegulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (OJ L 83, 25.3.2019, p. 18)., the mission of the European Fisheries Control Agency (EFCA) is, inter alia, to organise the operational coordination of fisheries control and inspection activities by Member States for the implementation of international control and inspection programmes such as the NAFO Joint Inspection and Surveillance Scheme, and to assist Member States in reporting information on fishing activities and control and inspection activities to the Commission and third parties. It is therefore appropriate for EFCA to be the body that receives from Member States and transmits to the NAFO Executive Secretary information relating to control and inspection, such as at sea inspection reports and notifications of the control observers scheme.(5)The CEM procedure for Contracting Parties to transmit information to the NAFO Monitoring, Control and Surveillance (MCS) website involves sending the information to be transmitted to the NAFO Executive Secretary. It is therefore necessary to update the relevant provisions in Regulation (EU) 2019/833 to reflect that change and to clarify the channels to be used by Member States to transmit the relevant information.(6)It is also necessary to introduce the CEM provisions for the protection of Greenland shark (Somniosus microcephalus), to align the provisions of chartering arrangements with those in the CEM and to specify the need for the consent of the port State Contracting Party to be given to inspectors of another Contracting Party for their deployment.(7)Certain provisions of the CEM are likely to be amended at NAFO annual meetings due to the introduction of new technical measures in relation to changing stock biomass and a review of area restrictions for bottom fishing activities. Therefore, in order to swiftly incorporate into Union law future amendments to the CEM before the start of fishing season, 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 the regulation of mesh sizes, sorting grids or grates and toggle chains in Northern prawn fishing and in respect of area restrictions for the bottom fishing 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-MakingOJ L 123, 12.5.2016, p. 1.. 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.(8)Regulation (EU) 2019/833 should therefore be amended,HAVE ADOPTED THIS REGULATION: