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COUNCIL REGULATION (EC) No 855/2004 
of 29 April 2004 
 
amending Regulation (EC) No 3069/95 
establishing a European Co mmunity observer scheme 
applicable to Community fishing vessels operating in the Regulatory 
Area of the Northwest Atlantic Fisheries Organisation (NAFO) 
   THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the Eu ropean Community, and in  particular Article 37 
thereof,  Having regard to the proposal from the Commission,  Having regard to the Opinion of the European Parliament 
1, 
                                                 
1 Opinion delivered on 1 April 2004 (not ye t published in the Official Journal). 
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Whereas: 
 
(1) Regulation (EC) No 3069/95 1 provides for specific rules to implement, at Community level, 
the scheme for observers which had been agreed upon within the framework of the 
Northwest Atlantic Fisheries Organisation (NAFO) in 1995 and which aimed at improving 
control and enforcement in th e Regulatory Area of NAFO. 
 (2) In view of special circumstances under which the scheme was implemented at Community 
level in 1995, the Council entrusted the Co mmission to place observers on board all 
Community fishing vessels and it is the Community which bears the costs arising from its 
operation. 
 (3) In 2002, Council Regulation (EC) No 2371/ 2002 of 20 December 2002 on the conservation 
and sustainable exploitation of fisheries re sources under the Common Fisheries Policy, was 
adopted 
2.  Under that Regulation, Memb er States are to control the activities carried out by 
vessels flying their flag outside Community waters, including being responsible for placing 
observers on such vessels. 
 (4) In view of the adoption of that framework Regulation, there is no longe r any justification for 
the administrative and financial burdens  involved being borne by the Commission. 
                                                
 
1 OJ L 329, 30.12.1995, p. 5.  Regulation as am ended by Regulation (EC) No 1049/97 
(OJ L 154, 12.6.1997, p. 2.). 
2 OJ L 358, 31.12.2002, p. 59. 
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(5) The Commission and Member States should wo rk closely together to ensure that the 
effectiveness of the observer programme is maintained and respects the Community's 
obligations in NAFO. 
 (6) Regulation (EC) No 3069/95 shoul d therefore be amended accordingly, 
 HAS ADOPTED THIS REGULATION:  
Article 1 
 
Regulation (EC) No 3069/95 is  hereby amended as follows: 
 (1) The first subparagraph of Article 1 shall be replaced by the following: 
 
"Without prejudice to Article 2 (2) of Regul ation (EEC) No 1956/88, Member States shall 
assign observers to all their fish ing 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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(2) The following Article shall be inserted: 
 
"Article 1a Member States shall forward to the Commissi on a list of the observers  they have assigned 
pursuant to Article 1 by 20 January at the late st each year and, thereafter, immediately 
following the assignment of any new observer."  
(3) In Article 2, "Community observers" sha ll be replaced by "duly assigned observers". 
 (4) Article 4 shall be replaced by the following:  
"Article 4 All costs arising from the opera tion of observers under this Re gulation shall be borne by the 
Member States.  Member States may charge these co sts, in part or in fu ll, to the operators of 
their vessels."  
(5) In Annex I, point 1 (i), "Commission"  shall be replaced by "Member States". 
 (6) In Annex I, point 2 (m), "the competent auth orities of the Member St ate concerned" shall be 
replaced by "the competent authorities of the Member State which assigned them". 
 (7) Annex II shall be deleted. 
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Article 2 
 
This Regulation shall enter into force on the day following that of its publication in the 
Official Journal of the European Union . 
 It shall apply from 1 May 2004.    This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
 Done at Luxembourg, 29 April 2004.   For the Council  The President  M. McDOWELL  
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