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[:uk]Regulation (EU) 2024/2594 of the European Parliament and of the Council of 18 September 2024 laying down conservation, management and control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries, amending Regulation (EU) 2019/1241 of the European Parliament and of the Council and Council Regulation (EC) No 1224/2009, and repealing Regulation (EU) No 1236/2010 of the European Parliament and of the Council and Council Regulations (EEC) No 1899/85 and (EEC) No 1638/87[:]

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

Regulation (EU) 2024/2594 establishes conservation, management, and control measures applicable within the area covered by the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (the “Convention Area”). It aims to ensure sustainable fishing practices in line with the Common Fisheries Policy (CFP) and implements amendments to the Scheme of Control and Enforcement adopted by the North-East Atlantic Fisheries Commission (NEAFC).

Title I: General Provisions

Article 1: Subject Matter

This Regulation:

  • Lays down conservation and management measures and implements amendments to the NEAFC Scheme.
  • Establishes measures for certain pelagic fisheries in the Convention Area and Union waters of the Committee for Eastern Central Atlantic Fisheries (CECAF) area.
  • Amends certain provisions of Regulations (EC) No 1224/2009 and (EU) 2019/1241.

It applies notwithstanding obligations set out in existing fisheries sector regulations.

Title II: NEAFC Measures

Chapter I: Scope and Definitions (Articles 2-3)

The Title applies to Union fishing vessels operating under NEAFC in the Regulatory Area, Union vessels with catches from the Convention Area, and third-country vessels with such catches in Union waters or ports. Key definitions are provided, including terms like “Regulatory Area,” “Contracting Parties,” “vulnerable marine ecosystems (VMEs),” “bottom fishing,” and “encounter.”

Chapter II: Conservation Measures (Articles 4-6)

Article 4: Measures to Protect VMEs

  • Prohibits bottom trawling and static gear fishing outside existing bottom fishing areas, except for exploratory bottom fishing.
  • Prohibits such fishing within specified closed areas listed in Annex IV.
  • Masters must quantify catches of VME indicator species and report “encounters” exceeding threshold levels.
  • Requires vessels to cease fishing and move away if an encounter occurs.
  • Temporary closures are enforced in areas identified by NEAFC following VME encounters.

Article 5: Exploratory Bottom Fishing Activities

  • Exploratory bottom fishing requires prior assessment by NEAFC’s PECMAS and ICES.
  • Member States must submit detailed plans and assessments, including harvesting, mitigation, and data collection plans.
  • Scientific observers must be on board during these activities.
  • Activities can only begin after NEAFC approval and authorization by the flag Member State.

Article 6: Other Technical and Conservation Measures

Technical measures and conservation measures applicable in the Regulatory Area are set out in points 1 to 7 of Annex IV.

Chapter III: Control and Enforcement Measures

Section 1: General Provisions (Article 7)

Member States must designate contact points for surveillance, inspection reports, and notifications. They must ensure 24/7 availability for certain contact points and inform the Commission of any changes.

Section 2: Control Measures (Articles 8-12)

Article 8: Control of Notified and Authorized Union Fishing Vessels
  • Member States must notify and authorize vessels to conduct fishing activities in the Regulatory Area.
  • Only listed and authorized vessels may fish for regulated resources.
  • Requirements are specified for vessel authorization, compliance, and notification to NEAFC.
Article 9: Vessel Requirements
  • Vessels must be marked for identification in accordance with regulations.
  • Documents verifying vessel details must be carried on board and regularly checked.
Article 10: Marking of Gear
  • Fishing gear must be marked according to specified standards.
  • Unmarked or improperly marked gear may be removed by inspectors.
Article 11: Waste from Fishing Vessels and Retrieval of Lost Gear
  • Prohibits deliberate discarding of fishing gear and waste into the sea.
  • Requires reporting of lost gear and attempts to retrieve it.
  • Member States must undertake regular retrieval of lost fixed gear.
Article 12: Labelling of Frozen Fish

All frozen fish caught in the Convention Area must be clearly labelled or stamped with species code, production date, catch area, and vessel name.

Section 3: Monitoring of Fisheries (Articles 13-18)

Article 13: Recording of Catch and Fishing Effort
  • Masters must keep electronic fishing logbooks and record cumulative production in a production logbook if processing or freezing catch.
  • Specific requirements are provided for stowage plans and separation of catches.
Article 14: Communication of Fishing Activities
  • Outlines reporting requirements for fishing activities, including prior notifications of entry and exit, daily catch reports, and corrections.
  • Sets timeframes and procedures for submitting reports to the Flag Member State’s FMC (Fisheries Monitoring Centre).
Article 15: Communication and Regulation of Transhipments at Sea
  • Establishes reporting requirements for vessels engaged in transhipment operations, including notifications and declarations.
  • Prohibits transhipment with non-Contracting Party vessels not granted cooperating status.
  • Receiver vessels engaged in transhipment must not engage in other fishing activities during the same trip.
Article 16: Vessel Monitoring System (VMS)
  • Member States must operate FMCs and implement VMS for their vessels in the Regulatory Area.
  • Vessels must transmit position reports at least once every hour when operating in the Regulatory Area.
  • Details procedures in case of equipment failures.
Article 17: Communication to the NEAFC Secretariat
  • Member States must use an electronic reporting system to transmit reports and information to the NEAFC Secretariat.
  • Specifies formats and standards for data exchange.
  • Outlines procedures in the event of technical malfunctions.
Article 18: Global Reporting of Catch and Fishing Effort

Member States must inform the Commission of monthly catches, and the Commission compiles and forwards this information to NEAFC.

Section 4: Joint Inspection and Surveillance (Articles 19-24)

Article 19: General Provisions for Inspections and Surveillance
  • The European Fisheries Control Agency (EFCA) coordinates inspection and surveillance activities under the NEAFC Scheme.
  • Member States must facilitate implementation, including providing resources.
Article 20: NEAFC Inspectors
  • Member States assign inspectors to carry out activities.
  • Inspectors carry special identity documents and have authorities defined.
Article 21: Means of Control and Inspection
  • Member States provide inspection vessels and aircraft.
  • They must notify EFCA and the NEAFC Secretariat of details regarding inspectors and inspection platforms.
Article 22: Surveillance Procedures
  • Surveillance is based on sightings by inspectors.
  • Reports are completed and submitted to EFCA and relevant authorities.
Article 23: Inspection Procedures at Sea
  • Outlines the procedures inspectors must follow when boarding vessels.
  • Includes notification, duration of inspection, and reporting requirements.
Article 24: Obligations of the Master of a Union Fishing Vessel During an Inspection at Sea
  • The master must permit inspections and facilitate safe boarding.
  • Must cooperate and not obstruct inspectors.

Section 5: Port State Control of Contracting Parties’ Third-Country Fishing Vessels (Articles 25-33)

Article 25: Scope

Applies to use of ports by fishing vessels carrying catches from the Convention Area and not previously landed or transhipped, including Union vessels intending to call at ports of another Contracting Party.

Article 26: Application of the FAO Agreement on Port State Measures

The FAO Agreement applies as a minimum standard for port State control, and Member States must cooperate in its implementation.

Article 27: Designated Ports
  • Member States must designate ports where such landings and transhipments can occur.
  • Landings and transhipments are only allowed in designated ports.
Article 28: Prior Notification of Entry into Port
  • Masters or representatives must notify port authorities at least three working days before estimated arrival.
  • Notifications are made using the Port State Control (PSC) forms through the NEAFC website.
Article 29: Authorisation to Land, Tranship, and for Other Use of Ports
  • Port Member States ensure confirmation from the flag State before authorizing landings or transhipments.
  • Landing or transhipment cannot commence without authorization.
  • Specifies conditions under which authorization may be granted or denied.
Article 30: NEAFC Port Inspectors and Officials
  • Inspections are conducted by authorized officials knowledgeable of NEAFC Recommendations.
  • Member States must notify EFCA of inspectors’ details.
Article 31: Port Inspections
  • Member States must carry out inspections based on risk assessments coordinated with EFCA.
  • At least 5% of landings of fresh fish and 7.5% of frozen fish must be inspected annually.
  • Details procedures inspectors must follow during inspections.
Article 32: Obligations of Operators During Port Inspections

Operators must comply with obligations, including facilitating inspections and providing access to documentation and areas onboard.

Article 33: Inspection Reports
  • Each inspection must be documented using the PSC 3 Form.
  • Reports are shared with relevant authorities and the NEAFC Secretariat.

Section 6: Infringements (Articles 34-40)

Article 34: Infringement Procedures
  • Inspectors must record infringements and take necessary measures to ensure evidence is preserved.
  • Details communication procedures with authorities.
Article 35: Follow-up in Case of an Alleged Infringement

Member States must investigate reported infringements and cooperate with other parties.

Article 36: Serious Infringements

Lists actions considered serious infringements, such as fishing without authorization, misrecording catches, and obstructing inspectors.

Article 37: Follow-up in Case of Serious Infringements
  • Inspectors notify authorities promptly.
  • Inspectors may remain onboard to preserve evidence.
Article 38: Follow-up in Case of Serious Infringements by a Union Fishing Vessel
  • Flag Member States must inspect vessels within 72 hours and may require the vessel to proceed to port.
  • Information on outcomes must be communicated to the Commission and EFCA.
Article 39: Measures to Ensure Compliance

Member States must take appropriate measures, including legal proceedings, against those responsible for breaches.

Article 40: Reports on Surveillance and Inspection Activities, Infringements, and IUU Activities
  • Member States must report annually to EFCA and the Commission on inspections and infringements.
  • EFCA compiles a Union report to be sent to the NEAFC Secretariat.

Section 7: Measures to Promote Compliance by Non-Contracting Party Fishing Vessels (Articles 41-47)

Article 41: Scope

Applies to non-Contracting Party vessels engaged in fishing activities in the Convention Area.

Article 42: Sightings and Identifications of Non-Contracting Party Fishing Vessels
  • Member States must transmit information on such vessels.
  • Vessels are presumed to undermine NEAFC measures unless their flag State is cooperating.
Article 43: Inspections at Sea
  • Inspectors may request permission to board non-Contracting Party vessels.
  • Refusal may lead to a presumption of IUU fishing activities.
Article 44: Entry into Port
  • Non-Contracting Party vessels must notify intentions to enter port.
  • Entry is prohibited if notification is not provided.
Article 45: Inspections in Port
  • All such vessels allowed into port must be inspected.
  • Failure to comply leads to presumption of IUU activities.
Article 46: Landings, Transhipments, and Use of Port
  • Specifies conditions under which port services may be denied.
  • Details communication procedures for decisions made.
Article 47: Action Against Vessels Appearing in the NEAFC IUU Vessel Lists
  • Member States must ensure vessels on IUU lists are inspected, and certain services are denied.
  • Additional measures are specified for vessels on the “B” list.

Title III: Measures Applicable to Certain Pelagic Fisheries

Chapter I: General Provisions (Article 48)

This Title applies to Union and third-country fishing vessels operating in Union waters targeting herring, mackerel, horse mackerel, and blue whiting in specified geographical areas.

Chapter II: Pelagic Fisheries (Articles 49-51)

Article 49: Catch Handling and Discharge Restrictions on Pelagic Fishing Vessels

  • Sets maximum space between bars in water separators and limits on hole diameters.
  • Masters must carry certified drawings of catch handling and discharge capabilities.
  • Prohibits discharging fish under the waterline unless specific conditions are met.

Article 50: Restrictions on the Use of Automatic Grading Equipment

  • Prohibits carrying or using automatic grading equipment capable of sorting by size.
  • Derogations are allowed under specific conditions, such as immediate freezing or use of monitoring systems.

Article 51: Move-on Provisions

Masters must change fishing areas if catches below minimum conservation reference sizes exceed 10% by weight.

Chapter III: Special Rules for Weighing and Processing Facilities (Article 52)

  • Port Member States must ensure surveillance by camera and sensor technologies for certain landings.
  • Applies to facilities handling more than 3,000 tonnes per year and landings exceeding 10 tonnes.
  • Data obtained is used solely for fisheries control purposes.

Title IV: Final Provisions

Article 53: Data Management, Protection of Personal Data, and Confidentiality

  • Specifies purposes for which personal data can be collected and processed.
  • Data retention is limited to five years unless needed for ongoing procedures.
  • Authorities must ensure data security and confidentiality.

Article 54: Procedure for Amendments

  • The Commission is empowered to adopt delegated acts to implement NEAFC measures amending specific provisions and annexes of this Regulation.
  • These amendments are strictly limited to NEAFC measures or agreements with North-East Atlantic coastal States.

Article 55: Exercise of the Delegation

Outlines the duration and conditions under which the Commission can exercise delegated powers.

Article 56: Amendments to Other Regulations

Specific articles in Regulations (EC) No 1224/2009 and (EU) 2019/1241 are deleted.

Article 57: Repeals

Certain previous Regulations are repealed, and references to them are construed as references to this Regulation.

Article 58: Entry into Force and Application

This Regulation enters into force on the third day following its publication. Specific articles apply from 1 January 2026.

Annexes

The Regulation includes several annexes detailing:

  • Regulated resources (Annex I)
  • VME indicator species (Annex II)
  • Coordinates of existing bottom fishing areas (Annex III)
  • Technical measures applicable in the Regulatory Area (Annex IV)
  • Data elements for notifications and reports (Annexes V-XXIII)
  • Formats and templates for reporting and inspections

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