COUNCIL REGULATION (EEC) N° 3943/90
of 19 December 1990
on the application of the system of observation and inspection established under Article XXIV of the Convention on the Conservation of Antarctic Marine Living Resources
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (1), as amended by the Act of Accession of Spain and Portugal, and in particular Article 11 thereof,
Having regard to the proposal from the Commission,
Whereas the Convention on the Conservation of Antarctic Marine Living Resources was approved by the Council in its Decision 81/691/EEC (2);
Whereas Article XXIV of the Convention provides for the establishment of a system of observation and inspection in order to promote the objective and ensure observance of the provisions of the Convention;
Whereas, in accordance with that Article, the system is to include inter alia procedures for boarding and inspection by observers and inspectors designated by Contracting Parties to the Convention; whereas it is also to include procedures for flag-State prosecution and sanctions on the basis of evidence resulting from such boarding and inspection;
Whereas the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) has duly adopted a system of observation and inspection; whereas provision must be made for the system to apply in the Community;
Whereas it is appropriate to extend the inspection of Community vessels in the Convention area to cover their compliance with any other relevant Community measures for the control and conservation of fishery resources;
Whereas in the interest of monitoring the fishing activities in the Convention area it is necessary that the Member States cooperate with each other and with the Commission in the application of the system and other relevant Community measures;
Whereas the system of observation and inspection applies without prejudice to the obligation of the Member States under Article 1 of Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing certain control measures for fishing
activites (3) as amended by Regulation (EEC) N° 3483/88 (4) to inspect and control Community vessels which have been engaged in fishing and related activities in the Convention area;
Whereas the system is subject to revision and provision should therefore be made for adopting any amendments agreed upon at a multilateral level by CCAMLR thereto as well as detailed rules for implementing the system,
HAS ADOPTED THIS REGULATION:
Article 1
The system of observation and inspection established under the Convention on the Conservation of Antarctic Marine Living Resources, hereinafter referred to as 'the system`, shall apply in the Community.
The provisions of the system are set out in the Annex.
Article 2
1. The Commission shall designate Community observers or inspectors to the system. The observers or inspectors may be appointed by the Commission or by a Member State and may be placed on board any Member State vessel or, by arrangement with another Contracting Party, on a vessel of the latter, engaged in or about to be engaged in observation or inspection duties or scientific research in the Convention area. Inspectors and observers may carry out observation and inspection activities on board vessels engaged in harvesting marine living resources or in scientific research related to fisheries resources in the Convention area.
2. In addition to their functions under the system, Community inspectors shall inspect in the Convention area Community vessels to which the system applies for compliance with any other Community conservation or control measures relating to fisheries resources applying to those vessels.
Article 3
Member States shall cooperate with each other and with the Commission in the application of the system.
Article 4
Detailed rules for the implementation of this Regulation shall be adopted if necessary in accordance with the procedure laid down in Article 14 of Regulation (EEC) No 170/83.
Article 5
This Regulation shall enter into force on the third day following 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, 19 December 1990.