Proposal for a Council Regulation (EC) amending Regulation (EEC) No 1956/88 adopting provisions for the application of the scheme of joint international inspection adopted by the Northwest Atlantic Fisheries Organization

(95/C 200/08)

COM(95) 266 final - 95/0150(CNS)

(Submitted by the Commision on 15 June 1995)

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,

Having regard to the opinion of the European Parliament,

Whereas Council Regulation (EEC) No 1956/88 (1) implements the scheme of joint international inspection adopted by the Northwest Atlantic Fisheries Organization (NAFO) Fisheries Commission on 10 February 1988;

Whereas in the interest of improving control and enforcement in the NAFO Regulatory Area, the European Community has agreed, in the framework of the Agreement on Fisheries with Canada of 20 April 1995 to modify the said scheme of joint international inspection;

Whereas provision should be made to implement the control aspects of the said Agreement,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1956/88 is hereby amended as follows:

1. the following shall be added to paragraph 2 (ii) of the Annex:

'Inspections of vessels shall be carried out in a non-discriminatory manner. The number of inspections shall be based upon fleet size, taking into account their compliance records. Contracting Parties shall ensure that thier inspectors take special care to avoid damage to the cargo or to the gear inspected. Interference with both fishing and non-fishing activities shall be minimized. Crews and vessels operating in conformity with NAFO conservation and enforcement measures shall not be subject to harassment. Inspections shall be carried out only for the purpose of ascertaining that the said NAFO rules are respected.`;

2. the second subparagraph of paragraph 3 of the Annex is replaced with the following:

'Each Contracting Party having 10 or more fishing vessels operating in the NAFO Regulatory Area (NRA) shall deploy at least one inspection vessel. Every Contracting Party shall have at least one inspector present in the NAFO Convention Area (NCA) whenever vessels of that Contracting Party are operating in the NRA`;

3. the following shall be added to paragraph 6 (iv) of the Annex:

'Any information on suspected illegal practices and any evidence of apparent infringements shall be transmitted as quickly as possible to the inspection authorities of the Contracting Party of the vessel concerned and to the NAFO Executive Secretary.

If a NAFO inspector cites a vessel for having committed to a serious extent a major apparent infringement of the NAFO conservation and enforcement measures, the said inspector shall take all necessary measures to ensure the security and continuity of the evidence, including, as appropriate, sealing the vessel's hold, and may remain on board the vessel until the inspector, from the Contracting Party of vessel arrives on board.

Where a NAFO inspector cites a vessel for having committed a major apparent infringement, the inspector shall immediately report this to the NAFO Executive Secretary.

If a major apparent infringement of the NAFO conservation and enforcement measures has been detected by an inspector, the said inspector shall take all necessary measures to ensure the security and continuity of the evidence including, as appropriate sealing the vessels hold for eventual dockside inspection.`

Article 2

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirely and directly applicable in all Member States.

(1) OJ No L 175, 6. 7. 1988, p. 1.