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Summary of Regulation (EU) 2024/2594: Conservation, Management, and Control Measures in the North-East Atlantic Fisheries

The Regulation (EU) 2024/2594 establishes comprehensive conservation, management, and control measures for fisheries in the area covered by the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (NEAFC Convention). It aims to ensure sustainable fishing practices, protect vulnerable marine ecosystems, and align existing regulations with updated measures.

Key Provisions

Title I: General Provisions

Article 1: Subject Matter

This Regulation:

Implements conservation and management measures, including amendments to the NEAFC Scheme of Control and Enforcement.
Establishes measures for certain pelagic fisheries in the Convention Area and Union waters of the CECAF area.
Amends provisions of Regulations (EC) No 1224/2009 and (EU) 2019/1241.
Applies alongside existing fisheries regulations, such as Regulation (EU) 2017/2403 and Council Regulation (EC) No 1005/2008.

Title II: NEAFC Measures

Chapter I: Scope and Definitions

Scope

The measures apply to:

EU fishing vessels operating in the Regulatory Area under NEAFC jurisdiction.
EU vessels with catches from the Convention Area, as specified.
Third-country vessels with catches from the Convention Area in EU waters or ports, where applicable.

Definitions

Key terms are defined to provide clarity, including:

Convention Area: Specific maritime zones in the Atlantic and Arctic Oceans defined by the NEAFC.
Regulatory Area: Parts of the Convention Area beyond national fisheries jurisdiction.
Vulnerable Marine Ecosystems (VMEs): Ecosystems identified using criteria from the FAO guidelines for deep-sea fisheries.
Bottom Fishing: Fishing methods where gear contacts the seafloor.
Existing Bottom Fishing Areas: Areas where bottom fishing occurred between 1987 and 2007 (listed in Annex III).
Exploratory Bottom Fishing: New bottom fishing activities or significant changes in existing practices in certain areas.
Fishing Activities: Includes fishing, transhipment, processing, and related commercial activities.

Chapter II: Conservation Measures

Measures to Protect VMEs

To safeguard vulnerable marine ecosystems, the Regulation introduces the following measures:

Prohibitions on Bottom Fishing: Bottom trawling and static gear fishing are prohibited outside existing bottom fishing areas (Annex III), except for authorized exploratory fishing.
Closed Areas: Fishing with bottom contact gear is prohibited in designated areas to protect VMEs (listed in Annex IV).
Encounter Protocols: Masters of vessels must monitor and record catches of VME indicator species. If thresholds are exceeded, they must cease fishing and move away from the area.
Reporting Requirements: Details of any encounters with VME species must be reported to the flag Member State, which in turn notifies the European Commission and NEAFC Secretariat.
Compliance with Temporary Closures: Vessels must adhere to temporary closures announced by NEAFC following VME encounters.

Exploratory Bottom Fishing Activities

Exploratory bottom fishing is closely regulated:

Prior Assessment: Member States must obtain prior assessments from NEAFC’s Permanent Committee on Management and Science (PECMAS) and the International Council for the Exploration of the Sea (ICES).
Detailed Submission: Vessels must submit comprehensive plans, including harvesting, mitigation, monitoring, and data collection strategies.
Scientific Observers: Vessels engaged in exploratory fishing must carry scientific observers to monitor for VMEs and collect data.
Authorization: Fishing activities can only begin after obtaining approval from NEAFC and authorization from the flag Member State.

Other Technical and Conservation Measures

Additional measures include:

Landing Obligations: Prohibits discarding certain species, ensuring all catches are landed and recorded.
Minimum Conservation Reference Sizes: Establishes minimum sizes for specific species like haddock, ling, blue ling, mackerel, and herring.
Mesh Sizes: Specifies minimum mesh sizes for fishing gear to reduce bycatch and protect juvenile fish.
Closed Areas and Seasons: Implements seasonal closures and area restrictions to protect vulnerable species and habitats, detailed in Annex IV.
Protection of Specific Species: Introduces measures for the sustainability of redfish, blue ling, and haddock fisheries in certain areas.

Chapter III: Control and Enforcement Measures

Control Measures

Key control measures include:

Vessel Authorization: Vessels must be authorized and listed by the Member State and NEAFC to operate in the Regulatory Area.
Vessel Identification and Documentation: Vessels must be properly marked and carry necessary documentation, including details about the vessel, owner, and authorizations.
Gear Marking: Fishing gear must be marked according to international standards to prevent loss and facilitate retrieval.
Waste Management: Prohibits the deliberate abandonment of fishing gear and discharge of waste, with requirements to report and retrieve lost gear.
Labelling of Frozen Fish: Requires proper labelling of frozen fish to ensure traceability and compliance with regulations.

Monitoring of Fisheries

To ensure compliance, the Regulation mandates:

Electronic Logbooks: Masters must maintain electronic logbooks and transmit data to their flag Member State’s Fisheries Monitoring Centre (FMC).
Reporting Fishing Activities: Includes prior notifications of entry and exit from the Regulatory Area, daily catch reports, and transhipment notifications.
Vessel Monitoring Systems (VMS): Vessels must use satellite-based VMS to transmit position, course, and speed data at regular intervals.
Communication Protocols: Specifies standardized data formats and protocols for communication between vessels, Member States, and the NEAFC Secretariat.

Joint Inspection and Surveillance

Ensures compliance through collaborative efforts:

Coordination by EFCA: The European Fisheries Control Agency coordinates inspection and surveillance activities under the NEAFC Scheme.
Assignment of Inspectors: Member States assign inspectors who are authorized to carry out inspections and must carry identification documents.
Use of Inspection Vessels and Aircraft: Member States provide inspection platforms, and details are communicated to the NEAFC Secretariat.
Inspection Procedures: Detailed procedures outline how inspections at sea are to be conducted, including the rights and obligations of inspectors and vessel masters.

Port State Control

Regulations for foreign vessels using EU ports include:

Designated Ports: Member States must designate ports where foreign vessels can land, tranship, or access services.
Advance Notification: Vessels must notify port authorities before arrival, providing detailed information through standardized forms (PSC forms).
Authorization Procedures: Landing and transhipment are subject to authorization, which depends on confirmations from the flag State and compliance checks.
Port Inspections: Vessels are inspected based on risk assessments, with specific guidelines provided for conducting inspections.
Denial of Port Services: Conditions under which port services may be denied to vessels, particularly if they are suspected of IUU (Illegal, Unreported, and Unregulated) fishing activities.

Infringements and Compliance

To address violations:

Reporting of Infringements: Inspectors must report violations, collect evidence, and follow procedures for documenting infractions.
Serious Infringements: Specifies actions considered serious, such as fishing without authorization, use of prohibited gear, or obstructing inspections.
Follow-up Actions: Member States are required to take prompt action, which may include investigations, sanctions, or requiring vessels to proceed to port for inspection.
Data Sharing: Member States must report annually on surveillance activities, infringements, and their outcomes to EFCA and the Commission.

Chapter IV: Measures for Non-Contracting Party Vessels

To deter IUU fishing by non-Contracting Party vessels:

Sightings and Reporting: Vessels suspected of IUU fishing are to be reported promptly to EFCA and the NEAFC Secretariat.
Inspection at Sea: NEAFC inspectors may request permission to board and inspect non-Contracting Party vessels; refusal may trigger further action.
Port Access Denied: Vessels engaged in IUU fishing may be denied entry to EU ports or access to port services.
Legal Actions: Member States are encouraged to take legal actions against such vessels, including seizures or sanctions, in accordance with international law.

Title III: Measures Applicable to Certain Pelagic Fisheries

Scope and Application

These measures apply to fisheries targeting herring, mackerel, horse mackerel, and blue whiting in the NEAFC Convention Area and specified Union waters.

Specific Measures

Catch Handling Restrictions: Sets technical specifications for handling equipment on pelagic fishing vessels to prevent high grading and discarding.
Automatic Grading Equipment: Prohibits the use of equipment capable of automatically grading fish by size, with exceptions under strict conditions.
Move-on Provisions: Requires vessels to move fishing areas if a significant percentage of the catch consists of undersized fish, protecting juvenile populations.

Monitoring and Surveillance

To enhance compliance:

Remote Surveillance: Requires the use of camera and sensor technologies at landing and processing facilities handling large volumes of pelagic species.
Data Access: Competent authorities must have access to live and recorded surveillance data to monitor compliance with landing and weighing requirements.
Data Protection: Surveillance data is used solely for fisheries control purposes and must comply with data protection regulations.

Title IV: Final Provisions

Data Management and Protection

The Regulation stipulates that:

Personal Data Handling: Collection and processing of personal data must comply with EU data protection laws.
Data Retention: Personal data should not be stored longer than necessary, with provisions for retaining data related to legal proceedings.
Confidentiality and Security: Authorities must ensure the confidentiality and security of data, implementing measures to prevent unauthorized access or processing.

Delegated Powers

The European Commission is empowered to adopt delegated acts to:

Implement NEAFC Recommendations: Update technical and procedural aspects to align with new NEAFC measures.
Adapt to Coastal State Agreements: Adjust measures in response to agreements with other North-East Atlantic coastal States.
Ensure Timely Updates: Facilitate the swift incorporation of international fisheries management decisions into EU law.

Amendments and Repeals

The Regulation amends and repeals certain previous regulations to ensure consistency, including:

Amendments to Regulations: Modifies specific articles in Regulations (EC) No 1224/2009 and (EU) 2019/1241.
Repeals: Repeals Regulations (EEC) No 1899/85, (EEC) No 1638/87, and (EU) No 1236/2010, consolidating their provisions into this Regulation.
References: Provides that references to repealed regulations are to be construed as references to this Regulation.

Entry into Force

The Regulation:

Effective Date: Enters into force on the third day following its publication in the Official Journal of the European Union.
Application of Specific Articles: Certain provisions, such as Article 49(4) and Article 52, apply from 1 January 2026, allowing time for implementation.

Annexes

The Regulation includes several annexes providing detailed technical specifications, lists, and forms:

Annex I: Regulated Resources

Lists species subject to the Regulation, categorized into pelagic and oceanic species, deep-sea species, and others. This includes species like redfish, herring, blue whiting, mackerel, and deep-sea sharks.

Annex II: VME Indicator Species

Identifies species that are indicators of vulnerable marine ecosystems, such as certain types of corals and sponges. This aids in the identification and protection of VMEs during fishing operations.

Annex III: Existing Bottom Fishing Areas

Provides the geographical coordinates of areas where bottom fishing activities have historically occurred and where certain activities are permitted under regulation.

Annex IV: Technical Measures

Details specific technical measures, including:

Landing Obligations: Lists species that cannot be discarded and must be landed.
Minimum Conservation Reference Sizes: Specifies minimum sizes for certain species to protect juveniles.
Mesh Sizes: Sets minimum mesh sizes for different types of fishing gear to reduce bycatch.
Closed Areas and Seasons: Defines areas and periods where fishing is restricted or prohibited to protect ecosystems and spawning grounds.

Subsequent Annexes

Additional annexes provide forms, templates, and technical instructions for compliance, including:

Annex V: Notification and authorization procedures for fishing vessels.
Annex VI: Production logbook data elements.
Annex VII: Codes for product forms, packaging, and processing types.
Annex VIII: Data requirements for recording catch and fishing effort.
Annex IX–XXIII: Include formats for vessel monitoring system (VMS) reports, inspection forms, port state control forms, and guidelines for risk assessment and inspection procedures.

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