1995R3069 — EN — 01.05.2004 — 002.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:









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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

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Without prejudice to Article 2(2) of Regulation (EEC) No 1956/88, Member States shall assign observers to all their 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.

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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.

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Article 1a

Member States shall forward to the Commission a list of the observers they have assigned pursuant to Article 1 by 20 January at the latest each year and, thereafter, immediately following the assignment of any new observer.

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Article 2

Masters of Community fishing vessels operating in the NAFO Regulatory Area shall receive the ►M2 duly assigned 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.

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Article 4

All costs arising from the operation of observers under this Regulation shall be borne by the Member States. Member States may charge these costs, in part or in full, to the operators of their vessels.

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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.









ANNEX I

DETAILED RULES REFERRED TO IN ARTICLE 3

1. Assignment of observers

(i) With a view to fulfilling the obligation to assign observers, the ►M2 Member States ◄ shall assign appropriately qualified and experienced personnel. Selected personnel should possess the following skills in order to discharge their duties: — sufficient experience to identify species and gear, — navigational skills, — a satisfactory knowledge of the NAFO conservation and enforcement measures, — the ability to carry out elementary scientific tasks e.g. collecting samples, as requested and observe and record accurately, — a satisfactory knowledge of the language of the flag State of the vessel observed.

(ii) Member States shall take all appropriate steps to ensure that observers are received on board fishing vessels at the duly designated time and location and facilitate their departure at the termination of the observation period.

2. Duties of observers

The main task of the observers is to monitor the fishing vessel's compliance with the relevant NAFO conservation and enforcement measures. More specifically, the designated observers shall:

(a) record the fishing activities of the vessel observed; fishing activities shall be recorded using the model format set out below in the Appendix;

(b) verify the position of the vessel when engaged in fishing activity;

(c) observe and estimate catches taken on a set-by-set basis (location, depth, time the net is in the water);

(d) identify catch composition;

(e) monitor discards, by-catch and catches of undersized fish; in particular, the observers shall collect the data on discards and retained undersized fish following, whenever circumstances permit, the following sampling scheme: (i) for every haul, estimates of the total catch by species in terms of weight and in addition estimates of discards by species in terms of weight should be recorded; (ii) every 10th haul should be sampled in detail by species, providing in addition to weights of the sample measured also numbers at length representing the part of the catch to be landed and the part of the catch discarded; (iii) whenever the fishing site is changed by a distance of more than 5 nm the cycle described in (i) and (ii) starts again.

(f) record the gear, mesh size and attachments utilized by the master;

(g) verify entries made to the logbook and production logbook. Verification of production logbook shall be made using the conversion factor employed by the master;

(h) verify hail reports;

(i) report, within 24 hours, evidence of an apparent infringement. Such reports shall be made to a NAFO inspection vessel in the NAFO Regulatory Area which shall report the apparent infringement to the Executive Secretary of NAFO. Observers shall use an established code when communicating to an inspection vessel.

(j) complete a daily log of the vessels' fishing activities in accordance with the format presented in the Appendix;

(k) monitor the functioning of automatic remote position recording facilities if on board and used by the vessel observed;

(l) carry out scientific work and sampling if so requested by the NAFO Fisheries Commission or by the appropriate authorities of the Flag State of the vessel observed;

(m) present a report, to the Commission and the ►M2 the competent authorities of the Member State which assigned them ◄ , within 20 days following the termination of the observation period. The report shall summarize the main findings of the observer. The report shall be transmitted to the NAFO Executive Secretary by the Commission;

(n) the assigned observers shall take all appropriate steps to ensure that their presence on board fishing vessels does not hinder or interfere with the proper functioning of the vessels including fishing activities;

(o) the observer shall respect the property and equipment on board the fishing vessels including the confidentiality of all documents pertaining to the said vessels;

(p) all observation duties shall be confined to the NAFO Regulatory Area.

3. Master of the vessel

(i) the master of the vessel designated to receive an observer on board shall take all reasonable steps to facilitate the arrival and departure of the said observer. While on board the designated observer shall be offered appropriate and adequate accommodation and working facilities. ►M1 The master of the vessel shall permit the observer to have access to the vessel's documents (logbook, capacity plan, production logbook or stowage plan) and to different parts of the vessel, including, as required, to the retained catch and catch which is intended to be discarded, in order to facilitate the discharge of the observer's duties. ◄

(ii) the master shall be informed in good time of the date and location for receiving observers and the likely duration of the observation period;

(iii) the master of the vessel observed may, on his own request, be provided with a copy of the observer's report.









Appendix

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