Proposal for a Council Regulation (EC) establishing a European Community observer scheme applicable to Community fishing vessels operating in the Regulatory Area of the Northwest Atlantic Fisheries Organization (NAFO)

(95/C 211/06)

COM(95) 266 final - 95/0152(CNS)

(Submitted by the Commission 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 the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries was approved by Council Regulation (EEC) No 3179/78 (1), 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 Council Regulation (EEC) No 1956/88 (2);

Whereas NAFO adopted a pilot observer scheme for the period 1993 to 1995 which has been implemented in the Community by means of Council Regulation (EEC) No 3928/92 (3);

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 European Community has agreed, in the framework of 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 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

At the request of the Commission Member States shall provide observers.

Article 3

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 4

The detailed rules governing the assignment of the observers, their duties and the obligations of the master of the vessels are laid down in Annex I.

Article 5

The Commission shall pay the observers by means of a per diem allowance in accordance with the rules in Annex II.

Article 6

The competent authorities of the Member States receiving the final report of the observer at the termination of the observation period shall evaluate 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 7

Regulation (EEC) No 3928/92 is hereby repealed.

Article 8

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 entirety and directly applicable in all Member States.

(1) OJ No L 378, 30. 12. 1978, p. 1.

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

(3) OJ No L 397, 31. 12. 1992, p. 78.

ANNEX I

Detailed rules referred to in Article 4.

1. Assignment of observers

(i) With a view to fulfilling the obligation stipulated above, the Commission 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.

(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 to Annex I;

(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;

(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 NRA and to the Executive Secretary of NAFO. Observers shall use an established code when communicating to an inspection vessel or to the Executive Secretary;

(j) complete a daily log of the vessels' fishing activities in accordance with the format presented in Appendix 1;

(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 Fisheries Commission of NAFO;

(m) present a report, to the Commission and the competent authorities of the Member State concerned, within 20 days following the termination of the observation period. The report shall summarize the main findings of the observer and shall be transmitted to the Contracting Party of the vessel observed and to the NAFO Executive Secretary;

(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 Regulatory Area of NAFO.

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. 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 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 1

FISHING OPERATION REPORT

>START OF GRAPHIC>

Local Time ZT + ..........

1.

Serial No .................... Date ...................... Time .............. Observer's name ..........

Vessel .......... Registration No ......................... Nationality .........................

2.

Type of gear .............................. No of haul ....................... Mesh size .......... mm

No of books ..........

No of gill nets .......... of ............... m

Attachments to nets ....................................... Mesh size of attachments .......... mm

3.

Position ................ N ................ W Depth ................ m

Fishing time ..........

NAFO division ..........

Change of NAFO division YES O NO O Position ........ N ............. W Time .......... UTC

Hail report transmitted YES O NO O Code ................ Area ..........

Via Radio................ DTG .......... UTC

Does the actual position correspond with the latest transmitted hail report YES O NO O

4.

Catches kept on board. All species in kilograms.

Species

3-Alpha

codes

Observer's estimates in live weight (LW)

Present haul

Accumulated totals

EEC

logbook LW

Sheet

No . . .

Production logbook

Sheet

No . . .

How processed

Conversion factors used

Observer

Skipper

Observer's estimates in processed weight

Present haul

Accumulated totals

5.

Undersized fish observed YES O NO O

Species:

Amounts in kg:

in %

Discards of undersized fish YES O NO O

Amounts in kg:

6.

Other discards YES O NO O

Species:

Amounts in kg:

7.

Other observations

..........

..........

8.

Date ............................................. Signature .......... >END OF GRAPHIC>

ANNEX II

Detailed rules referred to in Article 5.

1. A per diem allowance fixed at ECU 120 is payable to the observers.

2. In the case of observers provided by the Member States, the following rules apply:

(i) on receipt of the employment contract between the national authorities providing the observer and the observer deployed, the Commission shall prepare an advance payment of the per diem allowance of up to 30 % of the total allowance due to the observer. The remaining portion of the allowance shall be paid within 60 days of receipt of the final observation report and any relevant documentation;

(ii) the per diem allowance shall be paid directly to the Community observer;

(iii) the Commission shall reimburse the cost of air travel (round trip) from Europe to Canada and shall make the necessary arrangements to deploy the observers on board Community vessels operating in the NAFO Regulatory Area.

3. In the case of observers provided by private agencies the following rules apply:

(i) the private agencies shall enter into a contract with the Commission to provide a fixed number of suitably qualified individuals to act as observers;

(ii) the said contract shall specify the cost per day of the observers, the procedures for the payment of travel costs and any bilateral arrangements concerning advance payment.

4. In the case of observers recruited on an individual basis the following rule shall apply:

(i) private individual contracted to act as an observer shall sign a contract with the Commission and the said contract shall contain provisions governing the rate of payment, and fix the procedures for the payment of travel costs and any advance payment.