Regulation (EU) 2022/2056 of the European Parliament and of the Council of 19 October 2022 laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007
Regulation (EU) 2022/2056 of the European Parliament and of the Councilof 19 October 2022laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007THE 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 341, 24.8.2021, p. 108.,Acting in accordance with the ordinary legislative procedurePosition of the European Parliament of 13 September 2022 (not yet published in the Official Journal) and decision of the Council of 4 October 2022.,Whereas:(1)An objective of the Common Fisheries Policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the CouncilRegulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common, Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22)., is to ensure the exploitation of living aquatic resources in a way that provides sustainable economic, environmental and social conditions.(2)The Union has, by means of Council Decision 98/392/ECCouncil Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1)., approved the United Nations Convention of 10 December 1982 on the Law of the Sea and has, by means of Council Decision 98/414/ECCouncil Decision 98/414/EC of 8 June 1998 on the ratification by the European Community of the Agreement for the implementing of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 14)., ratified the Agreement on the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, which contain principles and rules with regard to the conservation and management of the living resources of the sea. In the framework of its wider international obligations, the Union participates in efforts made in international waters to conserve fish stocks and strives to strengthen global ocean governance and to promote sustainable fisheries management.(3)By means of Council Decision 2005/75/ECCouncil Decision 2005/75/EC of 26 April 2004 on the accession of the Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (OJ L 32, 4.2.2005, p. 1)., the European Community approved its accession to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (the "Convention"), that establishes the Western and Central Pacific Fisheries Commission (WCPFC).(4)The WCPFC has the authority to adopt legally binding decisions ("Conservation and Management Measures" or "CMM") for the conservation of fisheries resources under its purview. Those decisions are mainly addressed to the contracting parties to the Convention, but also contain obligations for the operators (for instance, masters of fishing vessels).(5)Upon their entry into force, the CMMs are binding on all contracting parties to the Convention, including the Union.(6)While relevant key provisions of the CMMs are implemented on an annual basis in the context of the fishing opportunities Regulation, the remaining provisions were last implemented under Title V of Council Regulation (EC) No 520/2007Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001 (OJ L 123, 12.5.2007, p. 3).. It is therefore necessary to ensure that the CMM adopted by the WCPFC are implemented into Union law fully and in a timely manner and are, therefore, uniformly and effectively implemented within the Union, and give clarity and predictability to operators of Union fishing vessels.(7)Pursuant to Regulation (EU) No 1380/2013, Union activities in international fisheries organisations are to be based on the best available scientific advice so as to ensure that fishery resources are managed in accordance with the objectives of the CFP, in particular to ensure that the exploitation of living marine biological resources is environmentally sustainable in the long-term and restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield, to provide conditions for an economically viable and competitive fishing capture and processing industry and for land-based fishing-related activity and to contribute to the availability of sustainable food supplies.(8)In accordance with 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 European Fisheries Control Agency (EFCA) is, at the Commission’s request, to assist the Union and the Member States in their relationship with third countries and regional international fisheries organisations of which the Union is a member. In line with that Regulation, when needed for the implementation of Union obligations, EFCA is, at the request of the Commission, to coordinate control and inspection activities by Member States on the basis of international control and inspection programmes, which can include programmes implemented in WCPFC CMMs. EFCA may draw up, in concert with the Member States concerned, joint operational inspection and surveillance programmes for that purpose by establishing joint deployment plans. It is therefore appropriate to adopt provisions in this Regulation that include EFCA, when designated by the Commission as the body designated by the Commission that receives from Member States, and transmits to the WCPFC Secretariat, information relating to control and inspection, such as at sea inspection reports and relevant notifications under the WCPFC Regional Observer Programme ("ROP").(9)Taking into consideration that CMMs are likely to be amended further in the future at the WCPFC’s annual meetings, in order to swiftly implement those CMMs into Union law, to reinforce the level playing field and further support the long-term sustainable management of the stocks, 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 following: vessel information submission, Vessel Monitoring Scheme ("VMS") requirements, the percentage of observer coverage scheme under the ROP, the rights and obligations of observers, the rights and obligations of vessel operators, masters and crews, reporting deadlines and Annexes I to VI, covering bird mitigation measures, markings of and other technical specifications for vessels, minimum standards for Automatic Location Communicators used in the WCPFC VMS, the WCPFC Transhipment Declaration and the depiction of shark lines. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations are 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.(10)The delegated powers provided for in this Regulation should not affect the implementation into Union law of future changes to CMMs under the ordinary legislative procedure.(11)The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the CouncilRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39)., and delivered formal comments on 14 June 2021. Personal data processed in the framework of this Regulation should be treated in accordance with the applicable provisions of Regulation (EU) 2016/679 of the European Parliament and of the CouncilRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). and Regulation (EU) 2018/1725. In order to ensure the fulfilment of obligations under this Regulation, the personal data should be stored for a period of 10 years. In the event that the personal data in question are needed for the follow-up on an infringement, an inspection or judicial or administrative procedures, it is possible to store those data for a period exceeding 10 years, but no longer than 20 years.(12)Article 4(4) and Article 28 of Regulation (EC) No 520/2007 should be deleted as this Regulation implements all WCPFC measures,HAVE ADOPTED THIS REGULATION: