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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)

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:

    1. paragraph 3 is replaced by the following:

      ‘3.

      Until 31 December 2026, no vessel shall engage in bottom fishing activities in the areas 1-14b illustrated in Figure 5 of the CEM referred to in point 18 of the Annex and defined by connecting the coordinates specified in Table 7 of the CEM referred to in point 19 of the Annex to this Regulation, in numerical order and back to coordinate 1.’

      ;

    2. paragraph 4 is deleted;

  2. Article 27 is amended as follows:

    1. in paragraph 7, point (b) is replaced by the following:

      1. without delay, the observer trip report referred to in paragraph 11;’;

    2. paragraph 11 is replaced by the following:

      ‘11.

      An observer deployed on a vessel shall, at minimum perform the duties listed below:

      1. complete the observer trip report as set out in Annex II.M to the CEM referred to in point 35 of the Annex, noting that data collection on Greenland sharks shall be carried out minimising the damage to the sampled individuals;

      2. transmit daily, before 12:00 UTC to the FMC of the flag Member State, in accordance with Annex II.G to the CEM referred to in point 36 of the Annex to this Regulation, the report for the preceding day, by division, whether the vessel was fishing or not;

      3. report without delay to the FMC any discrepancy with this Regulation and any instances of obstruction, intimidation, interference with or otherwise prevention of the observer from performing their duties;

      4. monitor the vessel’s product labelling, production logbook, and stowage plan against the requirements established in Articles 24 and 25, and record in the observer trip report any discrepancies identified;

      5. record any observed interruption or interference with VMS;

      6. submit the information in Annex II.M to the CEM referred to in point 35 of the Annex by electronic means to the FMC and to the port State as soon as possible after leaving the Regulatory Area and at the latest at the arrival of the vessel in port for landing;

      7. make themselves available to inspectors at sea, or in port upon arrival of the vessel, for the purposes of providing information related to the fishing activities of the vessel;

      8. maintain detailed records, including relevant images and video footage, of any circumstances and information related to any instances of discrepancies with this Regulation for transmission to the FMC at the earliest opportunity, and at the latest upon the arrival of the vessel in port for landing.’

      ;

    3. in paragraph 12, point (a) is replaced by the following:

      1. extend such cooperation and assistance as may be required to enable the observer to carry out his or her duties, including providing the observer with such access as may be required to the catch retained on board and discards and the catch registration documents (e.g. fishing logbook, production logbook, stowage plan);’;

    4. in paragraph 12, point (d) is replaced by the following:

      1. refrain from, personally or through their agents, employees, or crew members, obstruct, intimidate, interfere with, influence, bribe or attempt to bribe or compromise the safety of an observer in the performance of his/her duties;’;

    5. in paragraph 12 the following point is added:

      1. provide the observer with unhindered independent internet access on board at all times, unless the observer has available a fully operational two-way satellite communication device.’.

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

ANNEX