MP COMMISSION OF THE EUROPEAN COMVTUNITIES 
•if- '-
W&-C0M(92) 540 final 
Brussels, 8 December 1992 
Proposal for a 
fiQIIKIPII REGULATION (EECÏ 
arrêtant un programme pilote d'observation NAFO applicable 
aux bateaux de pêche de la Communauté opérant dans la zone 
de réglementation de l'Organisation des pêches de 
l'Atlantique du Nord-Ouest (NAFO) 
(presented by the Commission) 
•^.- .*= *H 
Sii^s 
Explanatory Memorandum 
As a contracting party to the NAFO Convention, the Community 
participates in the Scheme of Joint International Inspection and 
Surveillance which has been in operation since 1988. 
The Fisheries Commission of NAFO at its 14th Annual Meeting held in 
Dartmouth, Canada, on 14-18 September 1992 endorsed the implementation 
of an 18 month pilot observer scheme in the NAFO Regulatory Area as of 
1 January 1993. The adoption of the pilot observer scheme is expected 
to supplement existing enforcement measures enacted to date and to 
provide a useful and most effective method of monitoring compliance 
with the provisions of the NAFO conservation and enforcement measures. 
In addition, the observers may, if so requested by the NAFO Scientific 
Council, provide sampling information for eventual use by the said 
Scientific Council. 
The observers placed on board vessels from contracting parties are 
requested to present detailed reports of their findings following the 
termination of the observation period which may vary from three to six 
months. These reports will be forwarded to the competent authorities of 
the flag state and in the case of European Community vessels, such 
reports will be transmitted to the flag states and by them to the 
European Commission. 
The number of observers to be deployed will be sufficient to ensure 
that a minimum of 10 percent of the contracting party's total estimated 
fishing days on ground in 1993-1994 are subject to observation across 
as many different fisheries in the NAFO Regulatory Area as possible. 
With regard to the European Community fishing fleet operation in the 
NAFO Regulatory Area during the designated eighteen months period, it 
is anticipated that approximately 12 observers will be deployed. The 
total envisaged Community contribution is estimated at approximately 
240.000 ECU for a period of 12 months. 
I 
Proposal for a Council Regulation (EEC) No /92 of 
establishing a NAFO Pilot Observer Scheme applicable to 
Community fishing vessels operating in the Regulatory Area 
of the Northwest Atlantic Fisheries Organization (NAFO) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
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(^), and in particular Article 11 thereof, 
Having regard to the proposal from the Commission, 
Whereas the Convention on Future Multilateral Co-operation in the 
Northwest Atlantic Fisheries, hereinafter referred to as the NAFO 
Convention, was approved by the Council by Regulation (EEC) No 
3179/78(2), and entered into force on 1 January 1979, 
Whereas the Northwest Atlantic Fisheries Organization (NAFO) 
established by the NAFO Convention adopted a Scheme of Joint 
International Inspection and Surveillance which was adopted by the 
Council in Regulation (EEC) No 1956/88 as amended^3), 
Whereas the NAFO Fisheries Commission, at the 14th Annual Meeting of 
NAFO held in Dartmouth, Canada on 18 September 1992, adopted a 
proposal for the establishment of a NAFO Pilot Observer Scheme 
requiring a certain number of fishing vessels operating in the NAFO 
Regulatory Area to receive observers on board when engaged in fishing 
activities, 
Whereas the proposal has been accepted by the Community, 
(1) O.J. No L 24 of 27.01.1983, p.l. 
(2) O.J. No L 378 of 30.12.1978, p.l 
(3) O.J. No L 175 of 06.07.1988, p.l 
~> 
HïiS ADOPTKO THTS RKCOTATTON 
Article 1 
The Pilot Observer Scheme adopted by the NAFO Fisheries Commission on 
18 September 1992, hereinafter referred to as the NAFO Pilot Observer 
scheme shall apply in the Community* 
The text of the scheme Is attached to this Regulation. 
Article 2 
Without prejudice to Article 2.2 of Council Regulation (EEC) No 1956/08 
the Commission of the European Communities shall assign Community 
observers to the Scheme* Observers will be appointed by Member States 
and may be placed on board any Member Stat» fishing vessel engaged or 
about to be engaged in fishing activities in the NAFO Regulatory Area* 
Article 3 
Detailed rules for the implementation of this Regulation shall, be 
adopted in accordance with the procedure laid down in Article 14 of 
Regulation (EEC) No 170/83. 
Article 4 
This Regulation shall enter into force on the third day following its 
publication in the official Journal of the European Communities, it is 
applicable from 1 January 1993 until 30 June 1994. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels* 1992. 
For the council. 
The President 
ANNEX 
NAFO PILOT OBSERVER SCHEME 
1. MEMBER STATES 
(i) Member States whose fishing vessels operate in the NAFO 
Regulatory Area- shall deploy observers on board the said 
vessels. The level of deployment shall be appropriate to ensure 
that a minimum of 10 percent of the Member States total 
estimated fishing days on ground for the period 1 January 1993 
to 30 June 1994 are subject to observation across as many 
fisheries in the NAFO Regulatory Area as possible. 
(ii) With a view to fulfilling the obligation stipulated above, 
Member States shall recruit and nominate appropriately 
qualified and experienced personnel. Selected personnel shall 
possess the following skills in order to discharge their 
duties: 
sufficient experience to identify species and gear, 
navigation skills, 
a satisfactory knowledge of the NAFO Conservation and 
Enforcement Scheme, the ability to observe and record 
accurately. 
(iii) Member States shall designate the vessels receiving observers, 
take all appropriate steps to ensure that the observers are 
received on board at the duly designated time and location and 
facilitate their departure at the termination of the 
observation period. 
(iv) The competent authorities of the Member States receiving the 
final report at the termination of the observation period shall 
evaluate the contents and conclusions of the said reports. 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 determine whether an infringement has been committed and/or 
take steps to investigate the matter in order to prevent such 
practices. 
(v) Member States shall transmit copies of the observation report 
to the Commission of the European Communities. 
2. DUTIES OF THE OBSERVER 
(i) Observers assigned to the Scheme shall monitor and report upon 
the level of compliance by fishing vessels operating in the 
NAFO Regulatory Area with the pertinent rules of the 
Conservation and Enforcement measures. More specially, the 
observers shall: : * 
record and report upon the fishing activities of vessels 
observed, verify the position of the vessels when engaged in 
fishing activities, 
S" 
observe and estimate catches and quantities of undersized fish 
taken, record the gear, mesh sizes and attachements utilised by 
the skippers, 
verify entries made to the logbook e.g catch quantities and 
hail reportB. 
(ii) Observers shall prepare reports on the fishing vessels observed 
at the termination of the observation period* These reports 
shall record the full range of activities engaged in by the 
fishing vessels and evaluate the overall vlevel of compliance 
with conservation measures* Practices at variance with the said 
conservation measures shall be duly noted and documented* 
The reports shall be forwarded to the duly designed competent 
authorities of the flag state who in turn shall make these 
reports available to the Commission. 
(ill) 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* 
(iv) The observer shall respect the property and equipment on board 
the fishing vessels including the confidentiality of all 
documents pertaining to the said vessels. 
(v) All observation duties shall be confined to the Regulatory Area 
of NAFO* 
(vi) When carrying out their duties, the observers shall, at all 
times, act with complete impartiality and independence. 
3. MASTER OF FISHING VESSEL 
(i) The Master of the vessels 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 
accomodation and working facilities* The Master of the vessel 
shall permit the observer to have access to the vessels' 
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 date and location 
for receiving observers and the likely duration of the 
observation period* For reasons of force majure, the Master may 
decide not to accept the presence of an observer on board or 
limit the duration of the observation period* 
FICHE FINANCIERE 
1. 
2. 
3. Title of the 
Budget line: 
Legal Basis: act ion: Control and surveillance in international 
waters. 
B2 922 (1992 Nomenclature, 1993-B2-902) 
Article 43 of the Treaty, Council Regulation (EEC) No 
170/83 of 25 January 1983. 
4. Description of the Action: 
As a party to the Northwest Atlantic Fisheries Organization (NAFO) the 
Community is bound by the conservation and enforcement measures adopted 
by the Fisheries Commission of NAFO. At the 14th Annual Meeting of NAFO, 
the Community supported a proposal establishing a NAFO Pilot Observer 
Scheme which stipulates that a certain number of EEC fishing vessels 
operating in the NAFO Regulatory Area receive observers on board when 
engaged in fishing activities. 
The main objective of the Observer Scheme is to monitor and provide 
reports upon the level of compliance by EEC fishing vessels operating in 
the NAFO Regulatory Area. 
5. Classification of Expenditure/Receipts 
5.1 OE 
5.2 NDE 
6. Type of Expenditure/Receipts 
6.1 Contribution towards the cost of Observers: Per diem allowance. 
6.2 Contributions to Member States towards the cost providing, 12 Observers 
who will be placed on board selected EEC vessels fishing in the NAFO 
Regulatory Area. 
7. Financial Costs: 
7.1 Calculation of total cost: 
The total cost is expected to be 360.000 Ecu for the entire eighteen 
months period of the Observer Scheme. As a Contracting Party to NAFO, the 
Community is requested to provide sufficient observers to cover at least 
10% of the fishing vessels engaged in fishing in the NAFO Area. Total 
fishing effort is based on days engaged in fishing in the said Area. It 
is therefore necessary for the Community to provide up to 12 Observers 
for a period of up to 200 days per year at 100 Ecu per day. The Scheme 
will terminate on 30 June 1994. 
7.4 Date of Credit engagements (Obligatory expense). 
Exercise: 1993 1994 
Amount (ECU): 240.000 120.000 
/ 
3. Anti fraud provisions 
9. Cost Effectiveness The payment of a per diem allowance is deemed 
the most appropriate contribution from the 
Community as the selected observers will be 
drawn from various research intitutes based in 
the Member States. 
' The presence of observers on board selected 
vessels will complement existing enforcement 
measures in NAFO and provide information on 
•"' fishing practices and general compliance with 
NAFO conservation measures. The presence of 
observers from Member States will indicate to 
other Contracting Parties that the Community is 
taking all appropriate steps to ensure that EEC 
fishermen comply with existing NAFO conservation 
measures. 
t 
ISSN 0254-1475 
COM(92) 540 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-92-563-EN-C 
ISBN 92-77-50600-8 
Office for Official Publications of the European Coraraunities 
L-2985 Luxembourg