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(1) One of the objectives of the Common Fisheries Policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council , is to ensure exploitation of marine biological resources in a way that provides sustainable economic, environmental and social benefits. Furthermore, in accordance with Article 28 of that Regulation, the Union is to ensure that its fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law in the area of the CFP, while promoting a level playing field for Union operators vis-à-vis third-country operators.

(2) By way of Council Decision 98/392/EC , the Union approved the United Nations Convention on the Law of the Sea. By way of Council Decision 98/414/EC , the Union approved the Agreement for the implementing of that Convention relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, which contains 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 takes part in efforts made in the high seas to conserve fish stocks.

(3) By way of Council Decision 81/608/EEC , the European Economic Community approved the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (‘the NEAFC Convention’), which established the North-East Atlantic Fisheries Commission (NEAFC). The 2004 and 2006 amendments to the NEAFC Convention were approved by Council Decision 2009/550/EC . Those amendments formally entered into force on 29 October 2013, although, in accordance with the 2005 Declaration on the Interpretation and Implementation of the Convention on the Future Multilateral Cooperation in North-East Atlantic Fisheries (the London Declaration), it was agreed to implement the amendments on a provisional basis from the date of their adoption, pending their entry into force.

(4) The NEAFC Convention aims to ensure the long-term conservation and optimum utilisation of the fishery resources in the area under its scope (‘the Convention Area’), providing sustainable economic, environmental and social benefits. To that end, NEAFC has the authority to adopt legally binding decisions (‘recommendations’) for the conservation, management and control of fishery resources under its purview. Those recommendations are essentially addressed to the Contracting Parties to the NEAFC Convention (‘the Contracting Parties’), but also contain obligations for operators such as the masters of fishing vessels. Such measures may become binding upon the Union and, in the case of the Union, are to be implemented into Union law to the extent to which they are not already covered by Union law.

(5) NEAFC Recommendation 19:2014 establishes measures to protect vulnerable marine ecosystems by determining areas closed for bottom fishing, existing bottom fishing areas and the requirements for exploratory fishing. Certain parts of that Recommendation have been implemented into Union law by Regulation (EU) 2019/1241 of the European Parliament and of the Council . It is therefore appropriate that this Regulation ensures full implementation into Union law of that Recommendation in its entirety, noting that, pursuant to Recommendation 19:2014, the Union can propose to NEAFC to remove or amend certain areas where the International Council for the Exploration of the Sea (ICES) advises that in those areas significant adverse impacts on vulnerable marine ecosystems are not considered likely.

(6) NEAFC has also adopted Recommendations 01:2023 and 04:2023 establishing closed areas for redfish in the Irminger Sea and for Rockall haddock. Those Recommendations should be implemented into Union law.

(7) For certain fisheries, NEAFC has not been in a position to adopt relevant recommendations. Nevertheless, conservation measures should be adopted in line with the Union positions expressed in NEAFC to ensure conservation benefits for those stocks.

(8) The last implementation into Union law of control measures adopted by NEAFC was enacted by Regulation (EU) No 1236/2010 of the European Parliament and of the Council . Since then, NEAFC has amended some measures that are already in force and adopted new measures that are not yet implemented into Union law. This relates in particular to control measures under the NEAFC Scheme of Control and Enforcement (‘the NEAFC Scheme’).

(9) The NEAFC Scheme is a recommendation establishing control and enforcement measures applicable to vessels flying the flag of Contracting Parties and operating in the waters of the Convention Area which lie beyond the waters under the fisheries jurisdiction of Contracting Parties (‘the Regulatory Area’), arrangements for inspection and surveillance procedures at sea in the Regulatory Area, and procedures in the event of infringement which must be implemented by the Contracting Parties. It includes certain control measures applicable to the Convention Area, covering waters under the jurisdiction of the Contracting Parties, such as requirements on labelling for frozen fish. The NEAFC Scheme also provides for a port State control system applicable to fishing vessels of the Contracting Parties carrying on board fishery resources from the Convention Area and intending to call at ports of another Contracting Party. That system requires a prior notification from the operator, to be verified by the flag Contracting Party, before the port State grants the authorisation to land, tranship or make use of other port services.

(10) NEAFC Recommendation 19:2019 introduced an electronic reporting system (ERS) for the communication of data between the Contracting Parties and the NEAFC Secretariat based on the FLUX UN/CEFACT standard for sustainable fisheries management. The introduction of that standard is associated with the entry into force of a new NEAFC Scheme of Control and Enforcement. It is necessary to implement that Recommendation into Union law.

(11) In 2022, the Union, the Faroe Islands, Greenland, Iceland, Norway and the United Kingdom held consultations on control measures for certain pelagic fisheries in the North-East Atlantic. Those consultations were concluded in November 2022, on the basis of the Union position endorsed by the Council on 14 October 2022. The measures agreed in those consultations should be implemented into Union law. In accordance with the agreement of the Parties to those fisheries consultations, the application of certain measures should be deferred in order to provide sufficient time for implementation. Those measures will fully achieve their objectives only if all parties to relevant fisheries consultations fully commit to the principles of sustainable management of fish stocks and mutual cooperation and refrain from adopting unilateral fisheries measures.

(12) In landing and processing facilities where more than 3 000 tonnes of certain pelagic stocks are weighed per calendar year and where landings above 10 tonnes of those stocks occur, thus excluding small-scale coastal and artisanal fishing, only landings and weighing of landings above 10 tonnes should be monitored through camera and sensor technologies. All landings should be counted to determine the threshold of 3 000 tonnes. The Member States should make publicly available the list of ports that meet those conditions. The Commission should be empowered to adjust those thresholds and the methods for calculating them if adjustments and precisions are made to these aspects in future agreements reached between coastal States or within the framework of NEAFC.

(13) The implementation of remote surveillance of landings can benefit from support under the European Maritime Fisheries and Aquaculture Fund established by Regulation (EU) 2021/1139 of the European Parliament and of the Council .