COUNCIL REGULATION (EC) No 3069/95
of 21 December 1995
establishing a European Community observer scheme applicable to Community fishing vessels operating in the Regulatory Area of the Northwest Atlantic Fisheries Organization (NAFO)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries was approved by the Council by Regulation (EEC) No 3179/78 (3) and entered into force on 1 January 1979;
Whereas the Northwest Atlantic Fisheries Organization (NAFO), established by the NAFO Convention, adopted a Joint Scheme of Inspection and Surveillance which was adopted by the Council in Regulation (EEC) No 1956/88 (4);
Whereas NAFO adopted a pilot observer scheme for the period 1993 to 1995 which has been implemented in the Community by means of Regulation (EEC) No 3928/92 (5);
Whereas, with the objective of improving control and enforcement in the NAFO Regulatory Area and complementing the existing Scheme of Joint International Inspection and Surveillance, the Community has agreed, in the framework of the NAFO and the Agreement on Fisheries with Canada, to deploy Community observers on board Community fishing vessels while engaged in fishing activities in the said NAFO Regulatory Area;
Whereas on 15 September 1995, the NAFO Fisheries Commission adopted a proposal to introduce a global observer scheme;
Whereas pursuant to Article XI of the NAFO Convention, the proposal will, in the absence of objections, become a measure binding upon the Contracting Parties as from 15 November 1995;
Whereas the scheme is acceptable to the Community;
Whereas it is appropriate to regulate the observer scheme by means of one Regulation and therefore repeal Regulation (EEC) No 3928/92;
Whereas provision should be made for adopting detailed rules for the implementation of this Scheme,
HAS ADOPTED THIS REGULATION:
Article 1
Without prejudice to Article 2 (2) of Regulation (EEC) No 1956/88, the European Commission shall assign Community observers to all Community fishing vessels engaged in or about to engage in fishing activities in the NAFO Regulatory Area. Duly appointed observers shall remain on board the fishing vessels to which they are assigned until they are replaced by other observers.
Except for reasons of force majeure, fishing vessels without an observer on board will not be allowed to commence or continue fishing in the NAFO Regulatory Area.
Article 2
Masters of Community fishing vessels operating in the NAFO Regulatory Area shall receive the Community observers and cooperate with them in order to allow them to discharge their duties while on board the vessels.
Article 3
The detailed rules governing the assignment of the observers, their duties and the obligations of the Masters of the vessels are laid down in Annex I.
Article 4
The Commission shall pay the costs arising from the observer scheme in accordance with the rules in Annex II.
Article 5
The competent authorities of the Member States receiving the final report of the observer at the termination of the observation period shall evaluate the contents and conclusions of the said report. In the event that the report indicates that the vessel observed has engaged in fishing practices at variance with conservation measures the said authorities shall take all appropriate action to investigate the matter in order to prevent such practices.
Article 6
Regulation (EEC) No 3928/92 is hereby repealed.
Article 7
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1995.