Scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries

2009/0051(COD)

PURPOSE: to establish a Scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries.

LEGISLATIVE ACT: Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999.

CONTENT: following a first-reading agreement reached with the European Parliament, the Council adopted a regulation laying down a Scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries. The Swedish delegation abstained.

The convention which entered into force in 1982 provides an appropriate framework for multilateral cooperation on the rational conservation and management of fishery resources in the North-East Atlantic area.

The North-East Atlantic Fisheries Commission (NEAFC), at its Annual Meeting on 15 November 2006, adopted a recommendation establishing a scheme of control and enforcement (the Scheme) applicable to fishing vessels operating in the waters of the Convention Area which lie beyond the waters under the fisheries jurisdiction of the Contracting Parties. The Scheme, which came into force on 1 May 2007, was amended by several recommendations which came into force on 9 February 2008, 6 and 8 January 2009, and 6 February 2010 respectively.

The Scheme:

·         provides for control and enforcement measures applicable to vessels flying the flag of Contracting Parties and operating in the Regulatory Area, and arrangements for inspection at sea which include inspection and surveillance procedures and infringement procedures which must be implemented by the Contracting Parties;

·         provides for a new Port State Control system which will effectively close European ports to landings and transhipments of frozen fish which have not been verified to be legal by the flag state of fishing vessels flying the flag of a Contracting Party other than the port state.

The Scheme also comprises provisions to promote compliance by vessels flying the flag of a non- Contracting Party with the control and enforcement measures in order to ensure full respect of conservation and management measures adopted by NEAFC. NEAFC recommended removing a number of vessels from the list of vessels that have been confirmed to have engaged in illegal, unreported and unregulated fisheries. The incorporation of those recommendations into Union law should be ensured.

Therefore, this Regulation seeks to update the Community rules transposing the Scheme of control and enforcement adopted by the North East Atlantic Fisheries Commission (NEAFC). It lays down the general rules and conditions for the application by the Community of the Scheme of control and enforcement adopted by the North-East Atlantic Fisheries Commission.

ENTRY INTO FORCE: 01/01/2011.